The sun., 1872-10-21
THE BRooK1ry RING At BAY.
An Argument on the Motion for the Reduction
OF Sail in the Libel salt Against MIR.
Ktrha rdA In LAWYERS.

An Argument on the Motion for the Reduction
OF Rail in the Libel salt Against MIR.
Richard Interesting to Lawyers.
Tia. motion for u reduction OF bail IN the
libel suit begun hy District Attorney Brtton
7.ainst Mr.. Henry Richard, proprietor of the
brooklyn Wt,Jy Chronicle, was argued In the
'ity Court of Brooklyn on Saturday before
Judge Nelson. Mr.. Richard had been required
TO furnish bail in the excessive sum u $4,000,
and Mr. Richards counsel, c. II. ;. Williams,
ESQ, moved that II bo reduced TO 500.
In the course Of long and logical argument
Mr. Williams showed that It was not sufficient
20 state that the action had been Instituted for
libel to ontitle the plaintiff TO order ~ arrest
with special bail but that the courts held there
must be eXuaneous facts stated, leading the
court In It's discretion to suppose that there was
danger Of the defendant evadIng rs jurisdic-
dion. He conteuded that in this case the bail
should be only nominal, Il bail should be re-
Quircd az all, and the eNaction 81 the excessive
ana oppressive amount demanded In this action
wa contrary 20 practice and on i,s lace unjust.
In support Of his motion Mr.. Williams submit
ted the following points:
Before ne Code spse Sa HOTld no. be pTdsSG
on for enss, ~ adaS ba 20 faae s al
os 10 al sSona from tue State Motion sgt Bsfnua
PEqYS ;n'Pf:S S.,. p Al. .as
CoGtt % V3inihVn riSss % %, ~ t bsy a1 nn w.
pcror Court OF New York city. (Rlnek Co Agt. gc.
iPG sy5 ASO set Gh ASS 's 8, az oS tU'ss @ II s 81
court tsi m se m MS sSa BsT1sTa % W.. 4 inc
the rulc laid down ~ Edmonds, IN Brooks agt Nc
iii. Since he Ciy Court OF Brooklyn was raised to
Sh In s sSRr1Ss S. Sss SSS no
mSgeSd I9e HsSys rgls 95 6 eSasSS no sSPaoSa
% afees With IHe clear reason Of The case that bail
IN ciyil action solely to meet probability shown
Mi shseond from he State The same authnrities
show that later and supplemental proof Is not ads
il Judge has ordered bail on an ey pare statement
where defendants affidavit denies the cause Of action
The power and practice of the Court when act Of
defendant has brought him under apparent power OF
strant permanent shown in People rel Lewis ag
feTd where hs wss sr SesEeo On
eS sa.e at ga[ no a, syss1S eysse aroS Ss S1s % @
Rs9Gsns asnE q, s OF sftoP lion qtter
his published charge TO be true for defendant VIII show
a % St 1 by S0Si Sray aaS a S so
believed and that hs charge was trqe The issue thus
this motion the defendant to be asked for his
for libel and must be tried BY Jury The simple an.
ay q good fam pgls the defendant On the same foot
ne OF Of Se y @ @ Jsf &c
Vent abuse Of legal process and reG,embcrns t6e
lender Of the Court personal liberty Of The cit.
| Court should establish the rule above stated,
the tnited States and OF tue several states provide
tuat It shall not be oppressive, and oppressive, the
Court will reduce H. Ten thousand dollars bail evil
denty oppressive, especially where several suits
brought against defendant in tins instance, the
amount being demanded in each. The practical effect
j. TO compel defendant TO lie IN all unless he has
friends among the wealthes neP. THIS needs argu
| ment
The gravity Of the offence charged has nothing to do
with amount Of hall Bsll Is not yndictiye, but TO
cure the presence Of TO increase bail because
article hbsUou grossly so, is TO say iudieally that
| PLAINTIFF accusation has more weight with the Court
than defendants Iustihcation and denial That Is to
| preludge the case,
10 r@capituatg The BAN in this case should be re-
duced because n called for at ALL the amount Is op
| pTessYe. The BAN should be reduced to a nominal
amount, because bail should be eXacted where only
the cause Of action Is set forth In the moving papers.
| Mr. ;. ID. Morris counsel for Mr.. Britton, dis
sented from the proposition that only nominal
| bail was required. He charged that the accusa-
| tlons against MIR. brtton were dictated by a
I spirit Of male eoence, and that their author was
| base lihellrr.
| Mr.. Williams made a gentlemanly but inclslye
| reply after which Judge Nailson took the pa
| pers and reserved his decision.