The New York herald., 1866-03-19
Argument Of the Lawyers on Mind,
Morals and Domestic Happiness.
Mr.. SOthern Declares the Splritualists to be
Either "Impostors'' or "Idlots," and
Splrltualsm "a Chronicle Of Imbc.
elllty, Cowardly Terror, WIlful
self.Deluslon and Irrcliglon.Y
LORD DUNDREARY INDICATED.
&C. &c. &c.


Cooper, against whom there indictment for
having published an alleged libel on Mr. sotLern His
application was that the should stand adjourned
until the next sessions
The Deputy Recorder-For whom do.you appear
Mr.. Lewiston the defendant His ordship was aware
that there was an indictment against him for alleged
libel against Mr. Sothern, though Mr. Cooper knew
nothing about the libel until 1t was published His lord
ship knew that there section under which he made
the application as Mr.. Cooper would have to bring wit
from Scotland and Ireland for the purpose Of his
defence. He he learned c0unse therefore asked that
the against him should stand until the next
sions The copy OF the indictment against Mr. Cooper
had only been delivered to him mr. Lewisl today.
Mr. Serjeant Balanne, for the prosecution, character
lied the libel as one Of the most infamous character
There circumstances in this case Of Mr. Cooper
which placed him in such position that he thought he
ought not to oppose any difficulty II Mr. Cooper
able to show that this matter appeared in his paper with
out his knowledge he thc learned counselj should be
exceed Egy glad to hear H. and if there he should be
the first to ask his ordship 10 pass lighter sentence
upon him.
The case accordingly stood adjourned
Mr. Lewis then made like application to his lordship
in the case Of benjamin Coleman against whom there is
also an indictment for libel on Mr. sohern In the
which he would read TO the Court.
Affidavit Of Ben jamin Coleman, of 81 Pembrdge Villas
bayswaer, Middlesex gentleman, sworn
Th served with summons about six O'Clock in the
pear al The Mansion House of he city Of London on We'd
OF libel by Edward Askew sothern against me-
That was not able TO confer with solicitors Messrs
s 's SAID ''''se
cradle information which was then and still am unable to
that thereupon arranged between my said solicitors
siding magistrate to postpone the hearing of The said charge
TO fSs sSme Of i1ns s d, sy ., rs, Iar,,
"4 sgDsih1sS
sereant Baanne and Mr. Moniagu Williams appeared In
that my solicitor Mr. Leyis made application pre-
postpone The hearing of the said charge future day
and also thai my solicitor was unwe and not in state Of
health that day satisfactorily conduct my defence,
for
committed FOR trial ball accepted my sppsaiancs
'"s s's% s.ss ,A. pro-
Be as
late Ssy FssSssy ny Jury
New sss Sf ne s %
q ss pssss orb: ss.s'
=: s' .s :: w s.s. n. = % s ne
ss Sc.,s e. on ns 5 % %
while in America and also from Mr. John Robersoa who
question very important Information ieacns ana md rsstns
70 an ds i.sSr b % % ns as G verify
to be true that cannot plead 70 The said ndcen, or take
suny o. making certain Inquire. IN New YORK xmsfies
M n ssss and 70 s b. 80 o ~ 70 me y
necessary, from America and Also certain papers
Tie sd III .n sfs
on E. As ;'s s We. s X NJ
EssaaS S%sr,sa q. e Ss %s pu@
@ pons o. Dfns r used @ then
no Or FOR sS hs
's1 s'ss y ns s s ss q s
ss.S Aa Sr e scmn " amS r"s % S
orig nator Of the ssd alleged he nor had ever heerd Of
libel unt the receipt BY me through the GENERAL Posi- Once
Jasaary which enclosed % me the article
u question and which s published he'd N the New York sy
WAS called 20 The same;
in America decide whether should put upon recofd
Plea Of Justification OF the portion OF the said statement
That THIS Application for n,e 20 plead 70 the said indict
FOR tie purpose Of delay and Is also IN esos sS 81 %s mo,
own character that may not be mrongiay charged with
granted 's
Mr. Lewis thought these were mos, reasonable grounds
why the shosld be adjourned. HIS lordshlp would
that would give the defendant an opportunity of
setting up plea OF justification n be position
do So He hc learned counse understood that tile ap
pcaton would bo opposed by his learned friend Ser.
gcant Balanline but he thought u would bo very un
reasonable II he did II important that the
could would II be preudlcia Mr. sothern that the
case ho III stand adjourned for this purpose He should
imai ne that Mr. sohcrn would be uaost anxious iha,
every means should he tried 10 have t ascertaincd
whether this alleged libel true or not II was only
fair that the defendant should have opportunity Of
making the inquiries wh alleged in the affidavit II
essential for his dc he should make He could
not understand why, E Mr. Sothcrn was so anxious that
his position should stand well with the public be should
make the smallest opposition He had adopted means
for closing M. Colemans mouth; aud the defendant
could not therefore, himself give any evidence OF the
circumstances under which he FIRST into possession
OF this alleged libel He asked that the defendant should
No., be prcudced by being PLACED in criminal court
Mr.. Lewis-That II should stand adjourned until May
sessions or next sessions II impossible that the
defendant could plead now, aud therefore would be
unreasonable that the case should be pressed forward At
The Deputy Recordcr-you have not stated what is
the date OF the Nep Fork Sunday rtmo.
Mr. Lewis--The 3lst Of December last year.
Sergeant Balaniine-And the libel dates bsek ten
years
ton was reasonable.
Sergeant Basntine felt anxious res,ran himself IN
any Observations which he should oer against tie april
co ION iefotv hs entered on the merit OF the rf.sc,
ne must beg to refer 10 what he said tho ma's At the
Mansion House What he really did saw "ss that the
article cus conceded in England w e..es " W.. Sn
erH, AND sent posr uh6 kneS " tsn uhaf sre
% note u a. lie did no, cay that this prison was
had now eaDea s these alleged matters wry ysa
posed have 'skcn place. and four years had passed
finco Mr. suihern had tomanenily lcit those shorcs
Win regard 70 the AFFIDAVIT he phc leaned couuse lad
no hesitation IN saying that 1t an cudeavor TO make
the Of law suOseryont 10 foul conspirecv ana ,o
most abominablc proceeding, aud when he called
. MI Lewis said he must interrupt hs learned friend
He did not ihink any oounle was entitled say that lho
10 eeditE was an "a.uu ltie proceeding ~
TIE Deputy Roc,rC said that egcaut ,i'aptnc was
Hniiued IN ske strong representations q he liked lie
'lrcMet iof gentleman against whom G rain state
fes had been uiadc, aud rInu these be entitled to
'Eef strong omm snt lie t,hc Deputy Hc,oldcn was
'nt obliged 20 so wl'O him, lut be couid hot stop him.
Ar Lewis again u Vcd objection against bis learned
reud using snch anrt SFe.
The Deputy Recorder N'ould hear Mr Lows In reply
MI lewis objected 10 snythiug his catued r end /
nfh' sey MT Ia answer TO Ne aip huun for the post
onetnrni of the case
Scrfeant baaDt ne would az IN repca, that hethought
nls was q foul and abomnable sontpiracy lie should
81 hesitate in say ny that Ne VI that the dc endant
I'd endeavored 20 bind this stigma epon gentleman at
le hphe,t honor, ntcsliy and ,>os tfn lic Ube /
or ca couhsc hat thought good ae Nhbolt ilis cac
D.ul tnc IaiIcH var aracic AMI oilfr hlNts NhcH
~ ucen ~ ~ with reference tn ~ stttin siirc
ic thing- had been publ IA a. Tho attic 'inq ctun
lys-fed ~ payer Oaaied 1be Spsasal As.%'"e -