The New York herald., 1870-01-27
THB WILKES LIBEL Suit.
Great Efforts Made to Postpone the Trial
Judge Bedford Speaks His Mind Upon
Newspaper Libels-The Court Room
Filled with Sporting Men-Re-
corder Hackett and Justice
Bowling ON the Stand.

At the opening OF the Court Of General Sessions yes
terday District Attorney Garvn said he ready for
the trial OF Saunders d. Bruce charged with pellIng
Heorgc wilkes. AS the parties TO the suit are con-
nected with sporting journals tho court room was
thronged with sporting gentlemen ana other dis
ungulsned members OF the "barv the /" Senate"
and the "churchn OF the Bad Dlckey.
Counsel for the defendant moved for postpone
ment Of the trial upon an affidavt which set forth
that John Morrissey and Noses F. Flanagan were
necessary and material witnesses whose attendance
could not be procured till the next term, and also
that the defendant could not safely proceed to trial
without certain documentary evidence from other
States.
the City Judge remarked that the afNdavit was
defective because 1t did state what the witnesses
intended to prove
counsel replied BY saying that he understood she
rule 70 be that upon the first application for post
ponement 1t was only necessary 10 state that the
accused had material witnesses.
District Attorney Garvin said that on the nth
OF January, 1870 she prisoner arraigned charged
with hbel and nc had procured copy OF the indict-
ment since that period Al the time OF the arraigu-
ment to-day was the day fixed for the trial After
having published gross libel against
citizen who resides in the city Of New
the case postponed because he dcs Tres TO obtain
documentary evidence in various States OF this
Union, and also on account OF the absence OF two
material and necessary witnesses, whose attend
ance he cannot procure. In regard 10 John Nor
rssey It was sufficient for him (the District Attor-
ney) TO say that he saw and spoke TO him IN front
OF the Fifth Avenue Hotel last evening at half past
five O'clock and there were other persons in court
who saw him Also The evidence showed that the
defendant had not made any effort to procure the
attendance OF those Witnesses aud the Court ought
to put such man to trial, and let him Justify the
libel which he had seen 1T to publish broadcast
through this community In pubic newspaper.
The poison OF this libel Is translused into the
minds OF ali our citizens and that poison Is sur
fcred 70 work down to the time when he Is to
justify what he has done and SAID 1t Is
hign time that men who publish newspapers
and attack personal character IN this way
were taught thus one lesson thai If they do libel
citizens III THIS way they must be prepared 10
answer wnen called In courts or Justice aud make
good their Charge Every body knows tnuC tic ect
aad design Oh protecting public character In THIS
way Is tnat we may not nave fights on our streets
every Day. Libels tend to breach OF the puDllc
peace III a man cannot be protected Dy Ia In
courts OF lustlce when ms character Is attacked he
VIII take the law INTO ms own hand, and there viii
be Dioodshed and murder. When citizen comes
into court and desires to nave his character vnd-
Gated, when he puts himself IN position so tnat the
man who ISLANDERS 1; and libels hlm may come here
in the Indictment ana can prove IN ADDITION, undcr
the constitution, tnat 1t Is done Tor good pur-
poses and for justifable ends. he (the District
Attorney would abandon the prose cuton and let
the prosecutor take the consequences OIL his own
conauct. When men do publish hDels OF this de-
scripton they ought to be ready ut oil times 10 JUS
thy The position which they take Tor 1t was easy TO
utterly destroy q mans character without giving
him any opportunity TO defend himself. When man
gogs INTO me street ana shoots down Delier he is
brought INTO court charged with murder: but when
man came as good citizen into a court OF justice
anu asked Tor tine vindicaton OF his character he
ought TO have 1t without delay.
Counsel replied by saying that the messenger who
brought the sunpGna to Mt. Morrissey's house was
informed tnat he was out OF town; and the counsel
to staIc thai II would be an act OF gross on
preston on the part OF the District Attorney insist
upon u trial.
Judge Bedford said-The District Attorney informs
that the I7tn OF this month there was a siIpu-
laliOn between himself and the counsei TOR tue
prisoner that the case should be tried to-day. i
understand there was no mention made on behalf
OF the prisoners counsel about the issuing OF any
commission az tnas time. The prisoner. on the day
ne pleaded not guilty. was furnished with copy or
the Indictment. Ihis made him iully acquainted
with all the charges winch he was 20 be tried In
the teeth OF these charges he stipulated try the
case today. The District Attorney is ready
tSa, Gus ,ae deese not ready ana
that the defendant s clearly guilty OF
laches; that he should have moved ior
done 80, but on the contrary, having entered into
stipulation 10 try this case to-day and District
AttOrn ey 0eink ready, the case must proceed. And
1t strikes nat the TACT OF having stipulated to try
this today, ana now for the first tlme to come
into court and move for "a commission at tins late
hour, that the motion is made Tor the purposes Of
delay. And snail here take occasion To remark
that when an alleged belous article puDlishe in
the columns OF q newspaper the proprietor or pro-
prictors thereolwhO are Ia law the responsible par
tles-should at the time OF publishing be In full
and actual possession OF the truth OIL the article 30
published, 30 as 10 be able without delay, when
called upoD TO furnish the facts In order justify
their action Aud !, moreover, hold that without
the actual possession OF such proof the proprietor
or piopIletors oi any newspapers publishing alleged
iiDeou5 matter publish 1t at their perm, and must
abide any consequences which the law may permit
TO ensue. Let a Jury be empaneiled IN the present
case and the District Attorney proceed with hrs
witness; for hold that the proprietor of ne Ss-
paper when called upon to justify an alleged libel
must be able TO do 80 without deIay, the presump-
ton being that ne mas ACTUAL possession Of the
proof OF what has Dcen published.
Mr.. william r. Howe, who appeared before the
magistrate IN tie preliminary Examination Is asso
GATED wtn the Distrct Attorney IN tne prosecution
The Disrlct Attorney renewed bis MOTION 10 have
the trial proceed
AT the request OF counsel his Honor granted a
po5tp0nement OF the trlai ior fifteen miautes TO
enable the counsei To procure other counsel. After
the Ieassemblng of the court Mr. John AnLnOn ap-
peared and renewed the motion for a postponenent
OF the case,
The District Attorney urged he case on claiming
that when man deliberately slandered another by
libeous puDiicat0n he ought TO be prepared at all
times ald under all circumstances to defend himself
after he mad reasonable notice OF the charge against
him. Besides MI. harrington, tine associate coun.
sci. was distinctly informed tnat the prosecuting
officer would resist any motion to adjourn the case.
Judge Bedford said that some months age TIE Re-
cOrder and himself IN order to prevent unnecessary
delay In the prosecution OF cases enforced rule,
which nad been strictly adhered to- VIZ, that every
party arrested for alleged crime must have cOun
sci and prepare for his trial In addition to that
rule the District Attorney gave the Court TO
stand that II was thoroughly understood this case
should 90 on to-day; consequently the case would
have to proceed.
The jury was sworn, and on motion OF counsel,
further postponenenL OF an hour was granted 80 as
10 enable the accused to employ otner counsel to
cohducL the .fence.
Alter the recess another counsel tried to secure
adjournment til tomorrow morning, which was re-
sisted by the District Attorney and denied by Judge
Bedford.
Mr.. Garvn ihen proceeded 10 open the case for the
prosecution, aud iii the course oI his remarks he
said that whenever indictments were found Tor libel
he would press such cases for trial ~ the earliest
opportunity. Tnere were thousands OF men and
women In the country who were sandered and VINO
dsiiKed very much to como lnio court Of justice to
seek redress. The libel which they were 10 try was
very subtle, and although Mr. Wilkes name was not
mentioned, 1t Was evident tnat the defendant meant
to SANDER hun.
IL District Attorney read the article In question,
htgna