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

One OF our reporters, accostng A. Oakley Hall in
one OF the courts inquired whether in his long
experience as District Attorney he had ever
known Of an interloper making criminal COM
plant.
Mr. HALL cannot recall an instance. The
complainant is either the person whose rights or
property have been injured or 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 the District Attorney,
who may oe convinced that the public veal de-
mands an investigation, can compel complainant
30 appear and he examined.
REORGANIZATION you think Justice Riley should
have sent for Mr.. Beecher ana asked him whether
be wished to prosecute?
Mr.. HALL tsmiling) You are sharp interro.
gator. For SHOULD haven say .mignt have y the n
Yes
REPoRTER-Or he might have dismissed itY
Mr.. HALI--Nine magistrates In ten would have
done SO. Libel is not strictly personal offence,
nor purely public one. There Is no statute on the
sDbject OF libel. II is a common law misdemeanor
IL is simply constituted an offence because the
tendency OF all lbels 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 ,he law considers In allowing prosecutions
REPORTEB-ls there any rule of courf about the
matterf
Mr.. HALL-There is common usage. our su-
preme Court and oyer aDd Terminer and OF course,
MINOR magistrates inherited the common law
powers OF the Court Of Kings Bench In England
and tributary tribunals That Court has a rule that
II VIII not grant an Information libel unless the
prosecutor who applies for 1t (and by this IL means
uhe party libelledj makes affidavit asserting d.
Iectiy ana pointedly that lie Is innocent Of the
charge imputed to him.
REPoRrSR-Whch would imply that
=. Mr. GAfN0R COULD NOT BE CoMPLAINANT9
Mr. HALI-I think, clearly. How could he say
the libel was false and malicious ONLY the person
lbelled knew that fact. This was necessary pre-
llminary. Besides, as before said, it Is the ten
dency 10 provoke breach OF the peace which solely
tmpels criminal prosecution for hbe. or this the
authorizes were the best judges
hRpoRTER-Certanly; and MT. Gaynor could
hardly have expected Mr.. Beecher or his friends
tmpelled 10 cowhde Mr.. Tlton. Do YOU think Dis
frict Attorney Winsow could prefer complaints
Mr.. HALL-or the Attorney General.
RBPORrER--What do you think OF District Attor-
ney Winslow's impartially In the matter2 he Is
q member OF the so-caed Beecher court.
Mr.. HALL was ia Office IN this county when
Mr.. Wnslow was in Office before 10 Brookiyp' ana
nave had large professional intercourse with him.
lie Is siDgulary fair and calm, and what Down
casters call a "Iudgmatical man. He has great
tact and discretion.
KsPosTER-with fearlessness9
MI HALL-Precsely the word. He viii do his
untN 10 friend or foe. | scarcely nave known
na OF less apparent bias. II he comes TO the CON
otusIoh MT. Beecher IL innocent OF all beyond some
social lnoiscretlon, whereof MIR. Beecher possesses
'oat exaggerated ethical sense, / - thesitating1
hnkf0fIEH-f0u VIII agree with Mr. Wlns!ow.
r,oro ~ AhLi shonid be most strongly inclined to
"9m nu roy oehei Ia his impair tial judgment
+, ~ shtNoh,hh-Now ~ have pinned you In this cor
her, is there any other legal news you can give
me on this absorbing subiects
an ~, nS n1LL pohtedy)-Are you authorized to re-
hrroRrEn trrmly) No, only to detain you.
AL" nJs '' "a district Attorney and ex-Nayor