The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-10-05
Court OF General Sessions.
Before Recorder Barnard.

Court OF General Sessions.
Before Recorder Barnard
EMPANNELLING OF THE GRAND JURY-cHARoE or
THE RECORDER ON THE LAW OF LIBEL.
OCT 4-As soon as tho Court was opened this morning.
the following gentlemen were the Grand jury
Charles Augustus Davis, James w. Otis,
Foreman John M Reed,
Lcdyara Avery, Joseph Thompson,
Asahcl II. Bartlett, william Wood
Samuei Down, Joseph Apologize,
Samuel Dawson, John Aiken
George D. English, William Cromwell,
samuel knapp, Edward Carter,
Henry LEWIS, james G. DefOrest,
John I B Maxwell, Edward r. James,
John W. Miller, William H. Merritt
The Recorder then proceeded TO charge the Grand Jury
on the usual TOPICS and made the following well timed o.
seryations on the law Of libel
In addition to these several matters, call your atteo
uoh 10 the law OF Mel as there 10 be very CHROME
Gus ideas on the subject prevailing among all classes ar
society Every person may freely speak, write and pub
for the abuse Of that right Is the undoubtcd right a
individuals to expose corruption public matters ana
Of all public officers but this only 10 be done in
calm and temperate The real facts OF the CAGE
must form the basis Of the criticism, and TINT tbs
comments should be fair aud impartial argument On
those facts and these limits should not be transcribed
An attack Of private character tho of opprobrious
epthcts, sarcasm TRADE Of abuse garblcd statement
OF atransaction hol ling 70 ridcue, contempt cen
sure any OF the actors therein: pretended criticism the
whole tenor and object OF which is TO subject a per-
fon TO rdicule, contempt and ccnsure rather
than to point out TO and convince such person Il
MS error, and 70 guard others or the public
from the results OF such error, when written arc an
lbeons and indictabc, and will subject a person %
punishment for libel, unless said person can prove
the truth of sufficient facts TO justify the nvecve and re-
marks complained Of where the libel charged
consists in the assertion Of specific facts the truth of such
facts These remarks apply as well TO the press TO in
diyiduas am led to call your attention TO this subject
because evil minded and evil disposed persons have
set On foot and are now carrying vile and bellous
journals, whose sole object be- and undoubtedly
is 10 support themselves by forcing tmid individuals
pay large sums of money in order to protect themselves
from charges untrue malicious and defamatory. II is
the only remedy which will be eectual may be resorted
to for the purpose of preventing the OF the
same. Such remedy is by imprisonment in pententiary
aud not a fine Every one who has good character IS
DESTROYS Of preserving the same for his and his
friends benefit and is and will be the duty Of this Court
at all times protect with power and authority any un
just and wicked attempt to njure and destroy it, Society
press managed by Of integrity and character
sanderng papers controlled and carried BY vagabond
worthless defamers.
GRAND
John Duffy, indicted for grand larceny in stealing a
watch and other property from Hugh Kane the 10th
of September pleaded guilty to that offence and was sent
to the State prison for two years.
John Snaps tried for similar offence having as
was alleged stolen gold watch and chain from David
street and Bowery. The watch turned out to be brass
on, and there being no evidence to connect Snaps with
the stealing of IT, the jury rendered verdict Of not
guilty, without leaving their seats.
FELoSIoUs ASSAULT.
Michael Flood and Michael Grant, jointly indicted with
Timothy Welsh and Cornelius Quin for elonous assault
upon Patrick Delany the 18th of August by striking
him with club in drinking saloon at the OF
Forty seventh street and Eleventh avenue pleaded guilty
to assault and battery Judgment suspended in tho
case Of Welsh and Q9n they having been imprisoned for
seven weeks. Flood and Grant being out on bail,
permitted to go till the last day of the term when they
will be sentenced.
ALMOST CASH OF MURDER
The most Of the day occupied in trying two boys,
Robert Fisher and Samuel Clark who charged with
committing assault and battery a little girl named
Mary L. Noonan. 1t appeared from the evidence that
number OF girls and boys playing the Of
Mulberry and Mott streets the evening OF the 9th OF
September when some of them commenced to quarrel
and as stated by girl named Kerrgan Mary Cot held
Mary Noonan by the hair OF the head while the boy Clark
kicked her. but Mary Colts version Of the story
both Fisher and Clark assaulted her. 1t was proven
however, by number OF witnesses, that Fisher at
home and in bed at e time of the occurrence that he
was discharged and Clark tried alone. Mary Noonan
the mother Of Mary L. Noonan, testified that her little girl
was taken home that night and died ten days afterwards
death was caused BY the kicking thew could onx nd;ct
for simple assault and battery Clark convicted Of
that offence, and was remanded for sentence The Re-
corder expressed the opinion that If the officers hal
worked up this case properly the boy could have been
tried for murder.
FONTS sTABBISG CASE
VIM. Buckingham keeper of a GROCERY the Five
Points placed trial. charged with stabbing Martin
Gallagher on the 2sh of March He testified that he
into the grog shop, accompanied by friend named Shay,
and playfully asked the prisoner If he had any cham
payne and then observed that he would not poute his
upon Buckingham defended the quality Of his beverages
from the fiery ordeal through which they called to
stabs upon his person. thereby disabling him for several
weeks But the story Of the defence altogether diff
feren for they proved that Gallagher and his friend de-
manded liquor, which refused by Buckingham until
the money was forthcoming and then they proceeded TO
pummel him for not yielding to their request. The wit
nesses of course all residents Of the Points, and
their stories widely different the jury puzzled
and at the adjournment of the court discharged from
the further consideration of the case