The New York herald., 1866-03-19


sothern examined but no question was asked
with reference TO these two paragraphs nor was there
any attempt made 10 show that there was any foundaton
for the charges which were complained Of The
examination was limited TO the doctrines OF spirtuaiism
have SAID everything that can lead the Court 70
usES Ssavy aye or no. hey ought 2, oggh not
amount to ali that Mr. sotSerUs Character and public
justice can require with reference these unfortunate
passages =, IN "a, the Spraal kcga,ne Adverng 70 the
the natural irritation that would be caused In the minds
Of sincere believers in the doctrsss Of sprituasm at
being denounced as swinders and learned
council pleaded that as little extenuation OF the
line that had been taken in the course Of argument
When in such cases, amid arguments applicable 10 the
subject matter, he went on TO say something Is intro.
duced which affects private character, the Court will
always look TO matters OF exenuation, will do even
than that and when every effort made at atone
ment, confession and acknowledgment Of the wrong,
and to relieve the person of the mpuation upon
him, they will say that the criminal law Is very fairly
vndicated without administering heavy pun .shmont
As have already stated, Mr.. Coleman thoroughly
believes the correctness OF the doctrines this art
science, philosophical inquiry, whatever it may be-
and therefore what he has written in connection
with spritualsm is in the of following his
belief In the end say what did at the commence
part Of Mr. Coleman can set Mr. sothern right in the
public estimation, that mode most clearly shall be
adopted with reference to that Of which he has just
Mr. Sergeant Ballantine addressed the Court and after
paying hish compliment to the position s, ana prOies %
my friend Withdrew as understood HIM TO do not only
every impuiation, but declared his own opnon that
there is not single word Of tr th In these caninnious
imputatons upon Mr.. Sothern, felt that everything
which this stage of the proceedings could be done has
been introduced of which do propose say more
than brief word two. am not going to enter into
the question Of spruasm, its truth or It's fasehood
am raid am somewhat sceptica person, ard that
have not 80 much faith as probably would be good for
sothern's belief the bect. believe II lie
perfectly true, as Mr. sothern has shown upon
different occasions that these matters of pretended
supernatural agency in po Of fact simply mechan
ical tricks have no doubt that when Mr. sothem
showed these wonders TO be mere the defend
ant who though practical OF business az under
stand uly believes in these things, may, for aught
NV, ,,Vc, b had saI,i ~ AID a., ns
word about the libel You have had the matter
fy discussed before, and yon are abie TO appreciate
the part of Mr. Sothern, while cannot say anything
in support of my learned friends application will
not say one word In opposition. Mr. sobern Is here
surrounded by friends in court today VINO were fellow
actors with him up to the period when these transactions
said 20 have taken place. There are ladi who
knew him well in America who are ready, II II had been
necessary, TO say that The whole thing is deliberate,
wantoD, wicked alsehood for which there is no foinda
ton shadow of foundation l have, moreover, In
at this moment Mr. oherns vie, TO whom he
communicate this matter Immediately tat the libel ap
peared, who has gone through muca grief and much
fiinerng, you may believe at such statements being
made of her husbands but who is here say that she u
n happy wife, living with good husband n a domestic
circle into which no feeling but that which ought 10
enter into mans home has ever nruded since the
period. of their first connection. Mr. Sothern
who, while determined 10 vindicae his character has
long been known as kind hearted as we'll rs honorable
and upright gentleman and the last wish to his
mind world be to now press heavily errine fellow
creature ome little applause foowc ed the conclusion Of
the learn d gentleman $ remarks)
The Depnty Recorder, In passing sentence, said you
stand convicted on your ow conf son ol having pub
shed libel concerning the prosecutor Probably
here will differ from when say IL very gross
libel ndeed-one calculated, under any circumstances,
and with reference to any person. To in CT great deal OF
pan, but still more SO when the per on 20 whom II re-
ates is married man with family VINO also diis
mnent situation before the public eye On the hand
therefore, there cannot b. the ast doubt Of the serious
chara ter OF the hbl any than ere is Of the fact
sha v.itht rpff fhaf faFI hnE
every must agree with me thai II matter which
1t quite impossible for the pros cuor 10 overlook
aud his publ position. He had alternative but by
every which the law allows these steps for
his protection which he w2s bound 10 do not only
with reference his personal feelings, but with ref
those whose feelings ought be precious
Mr. solhern has taken Nobody can be more sensibis
than you that this libel lated TO inct
man In $ position. The question not whether the
libel published whether Is false and srandaous,
whether you published it, because lat IL ali admitted
The only question u.s. what AIN 10 lake as TO pun
shu,ent On that word your earned counsel has
sesos ~ .acuTnns o. The @ h .sa 90 aO
geter out OF psychological metarnysical and phioso-
show the which thai has tsken-how
Il gradually became wsrInerand warmer Ill. cuimnatsd
vcrsy whatever But l did think IL material TO bear
what was stated on your behalf In that respect II ID
plain that you dd overep The limits o fair Controversy
and thers Is less for It. nasrnuch phoso-
phica and scientific subjects controversy N allowed tho
widest limits The public derive
from the frecst criticism such subecu the press
because by such means truth Is elected ~ Sotherns
own letter TO the Glasgow newspaper IL str king exam
pie the freedom and OF the extent TO nhicn such cr
clsm may He has gone probably FAR u he coald
well have gone to keep within the imis Of The law. He
has used the rongest epheis TO cbe the character
OF the performances and those of periormers He
has put himself before the p blc A. scrson Who
experiment la, teed and proved 3 te a.s d.c,ysms
wh'c. you hold % te tne. upon that ! offer no
the length of the learned counsel In tie scepai Views
he has expressed, for rather bell yer But
never any spiritual mani e. tsiions 20 dost know
what my views might be do think, however that the
mode in which all these things attacked Is exceed
ingy unphosophi al and violent When n ia ng ls done
which person cannot Understand IL IL no, uncommon
for him 20 get llie angry aud dcn"uace IS mpos
ture Never heless, br. sotnern, ,ha Ia free In his
Criticism kept within the ms of p o.ophic and sc
enac discussion; and did you Tor hong time but
you did otherwise the instant you inIrod ccd direct
sonal attacks upon the individual AMI TIsaio character
o. the critic whose opinions you we're answering, ami at
that ins'an! you brought yourself within Tho reach Of
the law The libel you have admit ci lad no proper
bear ng tie controversy. and certainly II such
thing to be introduced II should be introduced
Icaon by showing that 10 tr in point of
IA and that il became momentous for tie pubic
rest that the truth should be Shown can wei snder
stand how usn, believing in the tralh Of Asi lie
defending should feel h4rt the criticism which his
view is exposed The point which aGccts you lhs "a
the finish Of long and angry contlo, ny ws.-h had
continued to get warmer and warmsr " IN thg ~ VI
stronger and stronger expressions the Performance
and the performers themselves, you wbo had cfensed
your views at iast--to use the eloquent words o; ne
Lofu nie sus'ice- IA aside Tie arms oi tue
and took the weapons Of the s-sin aud in IA. per
sona stab which you gave Mr. sotherp you put yoursf
without the pale Of ph osophica aud stcn Ec crcrm
lkis, however, ~ not libel pubsGcd personal
individual malice against Mr. Sothern. Nrisi a libel
which you put into newspaper for the purpose OF gain
ing any emoument or pront to yourscl. Ii not one
OF those libels which used TO be published In the Age
and the Saiuf, Of time gone by, which vers
purely for gratifying personal yinc vcncss or 10 obtain
proht by the sale OF publications hled with personal
SANDER On The other hand, you grad ALLY pro-
voked and ended IN publ shng what suro you are
now neither prepared des justiyinY Every
one must be satisfied thst against e. sothsrn no nm.
putaon le with regard to these falseoois Under