The New York herald., 1866-03-19


app ar at this court But Mr.. Kent pledged an honor
able name, and declared that In intention he was no
nothing whatever Of i. and that he acted as a mere
agent Upon that, although he did not consent 10 the
discharge OF the recognizances he had no hesitation IN
saying that his intention that no further proceedings
should be taken against him. He thought this wasfhe
proper course TO take with person who, although he
act with regard to Mr. Cooper, i il was said that
he In Ireland at the time this libel published
Mr. Cooper could show reasonable grounds for for coming
Mr. Sothern had authorized him--and he acting
fully with Mr. Sothern in this materto ask that there
should be no punishment him. Tho learned sergeant
then referred 70 the libel ITSELF and said that in the
modern days Of the there had been such article
He created quite sensation by admitting the truth Of
an accusation brought against him by certain young
actress that he had" hen followed asterisks latter
placing her in state OF mesmerc influence; !" and 'He
was good looking, gay vivacious, fast young man.
whose pretty wife continually won the sympathy Of
followed astersk Taking the two things In con.
junction. he asked his lordshp whether, since he had
presided at that court or since he had been at the
bar of England. he had read fouler thing.
This statement having been published Mr. Sothern
Mr.. Kents name and through Mr.. Coopers name.
Mr. Kent had suffered IN consequences Of this per-
very seriously because his name had been made the
means of circulating this scandal HIS lordship would
find that ten advertisements sent the London
Times, headed in this way, sothern and splrituasm,"
declared "sothern and Spritualism see the Spiritual
Magazine Kent Co. SO that this contemplate book
would never have been n0ced al all but Tor the crcnl
tion of two Of the greatest newspapers in the world.
Upon this taking place. Mr.. Sothern wrote moderate
letter to the Tmes requesting that the public would
withhold their Judgment, and stating that he had only
just heard Of the libel until he had opportunity Of
taking legal proceedings 10 vndicate his character Then
there letter. which, in conjunction with this ai
davt supported the statement which he had made and
with which his learned friend was extremely ndg
nant The letter in question was addressed to the editor
of the Tines and said -" Sir-f truth be not libel
have nothing fear from Mr. Sotherns threatened
tion ut aw and as am prepared 10 justify every word
beg that you and your readers will suspend your judg
ment In this matter until Mr. Sohern puts himself in
the witness box. am, &C., the Writer Of the Article in
the Spiritual Magazine"
The Deputy Recorder-what is the date Of the letter.
Sergeant Ballantine-February -, and published in
the Times the 18th Of February Mr. Sothern he need
not say, put himself In the witness box; and much
against the will Of his friend Mr. Lewis whose Kindness
of heart was remarkable, he crosse examined on
every subject which no bearing on the matter Ho
would call his lordshp's attention TO the effect Of
this application, with he could not help calling per-
feet mockery. The affidavit said that since his commit
tai the defendant had received certain information from
certain persons He did not venture to say that at the
at time when he declared that he was prepared to
justify that which he had written, and to prove the truth
guilty Of rape and that he and his wife were living on
bad terms in consequence of his conduct That was
what the defendant said in the letter which he wrote
the 18th Of February But now in his affidavit to post
pone the case he declared that he had only received
information since his committa upon the subject aud
he brought forward two names, Mrs. Roberts and Mr..
John Robertson
The Deputy RecorderAwho are both here
sergeant contemporaries ana ABOUT Mhom % .ney mao
affidavit but he would undertake to pledge his poes.
sonal reputation that he would never figure in witness
box The defendant wanted them 10 postpone the
until May, that he might find out whether what he had
written not true This the effect Of his
The Deputy Recorder-Or evidence that il is true
Sergeant BaantineSo that he got an American paper
which contained this article, and ,pon he auis.rty =
Instead OF the defendant snying that he got from
american paper and that II might might not be true,
that he should regret It If he sad anything which was
wrong, that he exceedingly regretted it, that he could
positively know nothing about it, he wrote this letter. In
which he declared he could prove every word Of IL.
Then after he had said that hecame here and affirmed
he had got the information alter his commtaI.
Mr. soihen was . public man He was ma,rled
rcspectcd-wh three or four young children pendent
his eyerions and who had hereafter to live upon tho
honor of his The defendant had taken this from
the American paper; but II 1t were true, D. one
ichnse mind iMsed ui the degree of wa
pressed heavily upon Mr. soiherns mind not because
he afraid 10 meet the gaton for f0uler SIAN
ss M but
quite mpeded in the discharge Of hs duties with such
charge against him Was II 70 be postponed until Mr..
the time might come he should ask what mercy be
had shown them, He was prepared 70 call As wit
Mr. Jefferson, . gentleman whose private and
professional character were alike eminent, and
ana ye,s p.yD: IN
theatre with Mr. Sothern and would make an afBdsyit
that such rumor never existed, sch suggestion
was made, that there not . hint Of such o thing
during the whole Of the period He need hardly say
that II there had been such rumor would have
been known. These gentlemen were prepared 10 swear,
far their knowledge went and to their profound
belief that there was not ono sngs wordof truth In the
upon being present. desired to state that which
known only In ones household and which had never
been doubted until this malignant libel was published
that she had lived life Of enjoyment with her husband
He had spoken strongly than he had done in
his life He had feelings Of sympathy for those who
had been unhappily driven 70 commit crime, but for
those who chose Ia act In this way and tha, without the
slightest provocation, because Mr. Sothern did
know the name OF Mr. Coleman he did say that he was
public enemy II could not be for any publ good or
benefit that such thing, true should be stated
while u was malignant and scandaous thing II false.
Mr. Lewis said that II the charge had been Of mur-
der, his learned friend might have made the ver-
bose statement He contended that the application
perfectly reasonable for the defendant said his oath
that he was not prepared with his defence He asked
that least his lordship would postpone ill next
sessions There could be noubt that when Mr. sotern
wrote ms letter he meant to have instituted
law, aud not the present course HIS learned friend had
said that Mr. sothern was public man but The
defendant, who also had wfe and daughter The
honor of Mr. Coleman dear 10 them as that Of
Mr. sohcrn to his family. II this application we're re-.
fused would be, failure q justice especially II
would be prejudice TO Mr. sothcn The latter would
not be benefited y tho opposition which serg ant Bal
Sergeant Balant ne-I will take care OF that
MT Lewis-one would almost think TINT Sergeant
Ballantinc had made IL for himself
Sergeant Ballantne-Do not assume those things tbev
are not lrof Ssional.
Mr. Lewis felt himself justified in making such an an.
plication ON behalf Of Mr. Coleman
Sergeant Palantine-You may say as much as YOU
ike, but do not say anything unprofessional
Mr. Lewis-I ask for postponement TIL next sessions
or May the defendant Is not In condition TO plead
this session at all
the request Of Sergeant Bsllaniinc the AFFIDAVIT was
then filed
The Deputy Recorder thought would be . most un.
just and mschievous cxcr, se OF power 10 allow the
postponement OF this trial When person published
statement of this character should Ia rrcrar,d N
justify II nj the moment he H. When they con.
sdercd the nature OF the libel would be q erievous
wrong TO the prosecutor " the adjourned not
for the purpose Of getting witnesses prove H. but for
the purpose OF trying 10 fsh out something TO sec
whether II true not He could not zee that there
was anything In what Mr.. Lewis had. said--nothins
which FOR q moment would justify him IN allowing