New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1859-03-11
THE HERALDS LIBEL UPON HON. }. B.
HASKIM.

In accordance with the decision Of Judge Ingrshsm
resdercd few days ago 10 the case Of the People ast
james Gordon Bennett editor Of The ~ Y. Herald for
m alleged libel on the Hon. John B. Hsskn 10 the ST.
fSt hat the IA dctuert for all purposes except the trial
wss in the Sessions of Westcheser County aud under
the control Of that Court, that they might order The
defendant TO appear ard plead, &C. Mr.. Bennett was
called 10 plead to the ndctmen; lpursusnt to nothcs
6op st the opening Of the Court at White Plains yes-
tsrdsy morning. Mr. Galbrsith appeared for Mr. Ben
nett ard in so doing, he observed that hs appeared
merely out of compliment 10 that Court for ne had no
bssness there that the in question was not IN that
Court any shape FORM that by order Of the Su-
pseme Court it TO be tried in the City and County
Of New York and Westchester County had therefore,
no further jurisdiction 10 the matter. He entertained
the very highest regard for the opinions Of Judge 10
grail am but in this he considered that the Judge
lad msde some mistake, which would have beaa
avoided after due con.deration-thst the opinion hal
been premature. The indictment was originally found
In the Cou,t of Oyer and Terminer, from which it ~s
sent TO the Count of Sessions then, by order Of the
SaxIene Court, it was reno Vsd 10 NewYOrk for tris
but in what Coart wss TO be tried, nobody appeared
10 know
Ex. Recorder Smith of New.York then rose AID ad-
dressed the Court in reply the part Of the psosecu-
Court of Sessions or nowhere proceeded to state that
the defendant had before the Court as usuo to
obtaia delays by various expedents from time to time
with view of wearying ont the complainant and his
Witnesses that it was impossible TO furnish evidence OF
sir gle trial having been conducted against the de-
Ssndart without the dodge having been resorted
TO; that if there any class Of cases in which the
Courts are especially called upon to perform their
duties faithfully and promptly, it was thst class where
character is involved tina. il man could be asssiled
daily; he could be disgraced and degraded in the
eyes Of society and be excluded from political prefer
ssrt, and then the Ibeler escape the punishment 80
Justly due him by the interposition of mere
teehpicslities, there would be only ere way
left for the injured party and that would be to take
the Law into his own hands; that it was most proba
bly the delays in the administration of justice,
that has led many to avenge the wrongs they
have suffered. Mr.. Smith then read the opinion of
Jsdge IDgraham, which was the opinion of the SD
preue Court on the subject, which was to the effect
that the Court of Sessions of Westchester County has
Jurisdiction of the until it comes up for trial in
NewYok. He would therefore ssk the Court to call
up Nj Bennett to plead to the indictment confer ding
that hom the tne the hbelous matter was published,
there has not been word of retrsction made.
Judge Robertson remarked that, although the minds
Of the Court pretty well made up they desired to
examine the authorities the subject; and that on
Saturday morning next they should be prepared to state
then views and sot accordingly