The New York herald., 1874-07-31
A LEGAL OPINION BY A. OAKEY
HALL.

One Of our reporters, accosting A. Oakley Hall in
one OF the courts, inquired whether IN his long
eXperie nee as District Attorney he had ever
known Of an interloper making a criminal com.
plant
Mr.. HAIL. cannot recall an instance. The
complainant is either the person whose rights or
property have been injured some irieni in his
necessary absence and in his direct interest.
REPoRTER--Bnt, suppose prosecutor refuses to
prefer complaint
Mr.. HALL-He cannot refuse. The police au.
tbority or the magistrate or the District Attorney
who may oe convinced tnat the public veal de-
mands an mvesugation. can compel complain n ant
10 appear and be examined.
REPoRTER-rnen you think Justice Riley should
have sent for Mr.. Beecher ana asked him whether
he wished TO prosecute?
Mr.. HALL (smiling) are a sharp nterro.
gator. For SHOULD haven say might baver then
Yes
REPoRrRR-Or he might have dismissed it9
Mr.. HALI-NiDe magistrates in ten would have
done so. Libel Is not strictly personal offence,
purely public one. There Is no statute on the
snbject OF libel. II Is common law misdemeanor.
IL is simply constituted an offence because the
tendency OF all hbels is to create individual ami
mosites and TO disturb the public peace. II re-
member accurately, ] think modern authorities
agree with old Blackstone that this is the whole
when the law considers in allowing prosecutions
Tor libel.
REPoRrER-Is there any rule OF court about the
jmattert
Mr.. HALL-There Is a common usage. Our Su-
preme Court and oyer and Terminer and, of course
mlnor magistrates inherited the common law
powers OF the Court OF Kings Bench in England
and tributary tribunals. That Court has rule that
IL Will not grant an information for libel unless the
prosecutor who applies for 1t tand by this it means
The party hbeedj makes aifidavit asserting al.
rectly ana pointedy that lie Is innocent OF the
charge imputed to him.
REPoRrBR-WhIch would imply that
MR.. GAYNoR COULD NOT BE COMPLAINANT
Mr.. HALL think, clearly. How could he say
the libel was false and malicious Only the person
|ibeled knew that fact. THIS was necessary pre-
Ilmlnary. Besides, as before said, 1t Is the ten
dency 10 provoke breach OF the peace which solely
tmpels criminal prosecution Tor hoel. OF this the
authorities were the best judges:
nary s,Ss Mr. aha eeser M GaynSr o god
tmpeled TO cowhide Mr. nton Do YOU think Dis
frict Attorney wnsiow could prefer complaints
Mr.. HALL-0r the Attorney General
RBPORTER--What do you think OF District AttOr-
ney Winsow's mpartahly In the matterS he Is
q member OF the so-cailed Beecher court.
MIR. HALL was 10 Office In this county when
Mr.. Winsow was In Office before 10 Brooklyn, ana
have had large professional intercourse with him.
lie is siDgnlariy air and calm, and what Down
tact and discretion.
REPORTEE-Wth fearlessness
MI hALL-Precisely the word. He viii 40 his
unty 10 friend or foe. scarcely nave known a
al OF less apparent bias. IL he comes 10 The con
ciusIon MT Beecher IL innocent OF ail beyond some
social iDdiscreton. whereof MIR. Beecher possesses
some exaggerated ethical sense, -- thesitating.l
hEP0EJER-fou VIII agree with Mr. Winslow.
MI. MY HALL sDoud be most strongly inclined to
rom 10Y behef In bis impartial Judgment.
~ MhroHtEh-Now ~ have pinned you in this cor
ner, is there any other legal news you can gave
me on This absorbing subjects
hr. HALL tpointedly)-Are you authorized to re-
RRrogrRn trnmly) No, only to setain you.
An" mere ~" a District Attorney aud ex,MaJor