New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1864-04-26

touching such accusation for which II guilty, be was
ii,yv lahlo tn Indictment and pugishment as for mis-
dcmeanor. and that The Court OF oyer and Terminer
had by its several orders OF the 18th and 10Th OF April
sgudcd It's intention If proceeding aualnst Mt tree
ley % for contempt IN publishing matter siegeu % DC
fase and inaccurate report Of is proceedings when
The matter appeared upon its face not to Dc report
bg; editorial comment based upon report published
in another newspaper, the statute limiting ne power Oh
Ito Court 10 deal with the matter criminal con.
tempt bon the publication Of "a false and grossly inaccu'
rnt' report" Of It's proceedings. 800
The DUPLICATION was pdrte Judge Marvin said that
The proceeding was an unusual and important one, and
that no would require time 10 examine into the law and
facts Of the case.
The papers were taken, and decision reserved
-
COURT or OYER AND TERMINER-APRn %
Before Justice BAESARD.
IN the matter Of order show why Horace Greeley
should not be punished for contempt Of Court,
Mr.. Greeley was in Court before its opening,
but as his counsel did not consider it necessary for him
TO remain he went about bis business Mcssrs Fuller
ton and Williams appeared for the defense. The Judge
inquired Of the Clerk II answers had been pleaded to
the Undergraduates propounied.
NJ BIH!1ms-May It please the Court desire this
morning 10 make an application for postponement Of
this matter for q day or two The reason IS this: On
Monday next the General Term Of this Court viii be il
sc ,on and your Honor observe s one u the Judges
ilai tUuIt. iit4 f'1tt lt
be- agrccabc 20 your Honor 20 have tbs case hroIs
before the General Term, whore yoIr Hotor VIII have
OF the Associate Justices 10y your sat lHsteAd ni
having the heard here / have for that Purpose
made application this morning Ia Judge Marvin sitting
! 10 Special Term FOR an alternative wit oi prohibition
taking the proceedings before the General ltrn. lis
! Honor has listened % the argument and | asked
! him 10 decide u at once. lie hult t WIS
not convenient: that be wanted 10 look into the uatcr
carefully. aud would decide this - hours aud that
/ might say 20 your Honor that De would lot. az al
events delay the decision beyond - hours II these
proceedings should SEEN 90 yopr Honor 70 be proper
and night / trust that Won will Jet the case stand
adjourned until some time that may suit your Honor
oouyenisnce.
Tie Coart-Tle rules Of the Supreme Court OF this
District which have been pretty generally circulated
cylrc,.y provide that III application Tor any order In
any action sian be 20 The Judge sitting at Chambers;
ani such an application II granted by ~ Judge not
sitting ut CAGmbcgs would Dc eg u.tr, and the Court
against alom il "Is granted would deem II TIER duty
81 WiHian.-Permit me 20 state 20 your Honor that
thcre was no Judge a. Chambers ut the time made
'ic r1-l cotton and accordingly went TO the Judge at
Special Term.
! T. C5lr'-Tlc only time he was not at Chamber
was GA Saturday afternoon.
NJ WGltas-It was this morning at 10 o'clock.
hoped that application would be decided before this
t@c. thought il liglt to advise your Honor bocauzc
t outrcy cero.n that this course would be permit.
ed Pos yDHr l'uuDr 7 understood that .lge IechLgu
vc.t to Albany. n yonr Honor W.T. graut The iA.
diligence RI ul foerr II q personal favor Tie hhnrs
~ tre past week have been rather and have
not irt able IL proceed.
N. C5,u--f the inierropltories have been an
sverod and cnu b. lied with tie Clerk the Court VIII
then inspect them and At the adorned day viii
whether the contempt complained Of las been pursed
or not.
81. Bilrans-One Of the points that We should take
before your Honor at General Term would be- that az
several Of The Undergraduates pertain to matter for
which The parry may he rot only indicted for criminal
conduct bl Grand jury, but also for libel we be.
hoyo that TIE party should not be called upon ~ cfmi
nttc himself and lhi, rOnt we would most res Pee Gully
commend o. your HOuois consideration, with iLc hltc
ofllyiug the application granted. N is In that Wow
OF The clsc more than any other shat thought u night
stand the force Of the application by reference 70 tic
Hacklcy case
The Couri-I decided Il. / think l ought TO-
Mr. BiH,ams-At tie foot Of page sl the Court take
the ground that
The Court recollcct the case very well having de-
cdcd It originally before it went to the Court Of Ap
peaIs.
Mr. W.Niams-Yo Eonor viii bear in mind the re
mark made by Ito Judge in that cssc-that II is per
feciy well settled that where there is legal provision
10 protect the witness against the reading Of his es
mouy lis trial, he cannot he compelled 10 answer.
We thought tins point would Do tnat your Honor
would take into consideration. and feel quite that
any case counsel right IN ayailing Themselves Of
such objections may legally and fairly be presented 20
tie consideration Of the Court.
Tie C0uTt-In that The Court OF ppeas affirmed
tie Judgment Of the Recorder compelling uackcy TO
answer what he did with the $4,000.
NJ. WiAiams--For the reason that there stat |
ute expressly providing that that shoud not b. read
against lin the rin OF tic criminal action. That is
the statute Of ls chapter $50. In this case there Is
no such provision that can apply 70 reTeh the answers
from being read a tfiI for libel or misdemosnOr.
The COtgt-ln an indictment for libel 1t will not be
necessary have the confession the testimony Of the
party Tho simple fact that he was tho proprietor of
tho newspaper Is sufficient
M. FHlerfoH--That fact does not appear.
The C0prf-Ycs. Sir.i
Mr. FuLertoH-I DO not so understand IL.
The Cout-Yes, Sir. But in case Of criminal or mali
cous publication Of judicial proceeding it IS matter
which il addressed entirely to the Court which takes
cogzance Of The Truth ialsy Of the proceeding by
itself 1t simply requires that the Court before acting
shall be satisfied that the party who is ordered 10 show
cause Is the responsible person. The affidavit previous
~ the time service Of this order was mado and pre-
.ented To the Court and the Court had IT, 30 That dis
poses Of that matter. Tho application 10 adjourn will
Jc denied because that could not possibly appear in the
application Tor wit OF prohibition before Judge Mar
Mr.. FHiirton-My associate argued this cause the
Jthcr day on the presumption that there was no such
affidavit. lie said to your Honor In The course Of the
argument repeatedly that tlrrc was no such affidavit
md II was taken for granted throughout that there
vas none.
Mr.. Hal here understood 10 state 10 Mr.. Fuller
on that he informed him at the time OF the existence OF
ne affidavit.
Mr. Faileron-You did after the argument was over
md the matter disposed or And then recollcct very