The New York herald., 1864-08-25
The Metropolitan Record Case.
uNIrEn STATES COMM ISSIONER,S OFFICE.


Before United States Commissioner Osborn.
Aucusr -Thc case OF the United States against Mr..
John Mullay editor OF tho Metropolitan Record came up
TO- day for examination before United States Commits
soner Osborn. As previously reported, the charge
against tho defendant was for ncng oIe Seymour and
others 10 resist the draft" se \
The United States District Attorney appeared for the
government and Messrs Charles 0'Conor and Donohuo
for the defendant. = a-Nfs sae
Mr. Smith opening the case, said that he had pro-
ceeded 10 this matter upon certain Information lodged
with him, and upon which he had based his afldavit
With regard that instrument which must be taken as
matter OF iorm he would that the statute made
distinction Of persons Therefore tho reference to Gov
ernor Seymour in the language Of the affidavit was
couched In the words OF the act not with any intention
disrespect Mr. Smith then read the Conscrption act
OF 1853 the amcndaory act Of 1864 the latter OF
which, at section twelve provides for the punishment OF
any person who shall ncte to resist counsel or advise
any resistance 10, any enrolment draft &C. claiming
publication Of the articles in question brought the
defendant within the provision OF the act He weud
now proceed TO call his witnesses.
Robert Coddington bookseller and newspaper dealer,
testified that Mr. John hullaly and recognised
him in court to the best OF his knowledge he was the
editor OF the Mropo,ian Record, oice 4l0 broadway
Identifies the two numbers OF the paper containing the
Objectionable articles issues OF the Metropolitan Re
cord believed that Sir. Muiay his personal atten
tion to tie publication OF the paper
The papers OF July 80 and August weresthen put In
evidence
Cross examined-Presented complaint nor lodged
any information against Mr.. Nullay TO any person.
BY the District ACKNOWLEDGEMENTS reading the Or.
ticlaa in question.
MIR. Smith said tns was ths case for tho government.
Mr.. OUonor then addressc The Court spr the defence
He had failed to discover anything ia the complaint to
warrant this prosecution. IT, however the Commission.
or thought otherwise, Mr. Mulay aud his counsel
ready and would be- happy go before jury OF their
countrymeD. series OF such acts as this has been
steadily increasing in gravity Acts like this have been
pcrpetrated and acquesced in till those exercising this
awess must deem the time whom the formal
assault upon liberty shall be ordered. The
tive power has resolved to try whether trial by
jury the haowed palladium Of liberty can be eectualy
employed TO deprive US OF free press. That the
experiment he desired 10 see brought TO speedy Issue,
the result OF which will determine whether the people
this country have any peaceful OF defending the
freedom by their fathers or whether they yet
worthy Of II.
MIR. smith briefly replied, and, having submitted the
case,
The Commissioner said that far he concerned
the stood precisely the point did when
brought before him. The only question before
him where the line OF uemarcation should be drawn
between the liberty Of the and the abuse Of that
liberty. As tho presented ho was deprived OF
hearing any argument the legal points in the matter
the probable bearing OF the articles In question
the minds OF the people. Under the circumstances be
would take the under advisement, and would
therefore reserve bis decision Till Friday at noon