New-York tribune., 1883-06-19
John DEvoY FOUND GUILTY
RECOMMENDED TO THE JUDGES hEkCi'
SENTENCE TO BE PASSED To-DAY-AR BELNoSTs
WISHES IN THE MATTER.

|
John Deyoy the editor OF The Irish Nation was brcaeht
70 conclusion in Part II OF the Cours Of General ses'
sions yesterday. Dewey indicted Tor criminal IDei
against August Belmont in charging hn win having
nagranty violated trust as banker ~ cohhecuoh Win
the Fenian funds in 1865 and with having resored to
ugglery and deceit 10 avoid payment Oh the money W
! the persons who were entitled TO It,
The trial occupied four days Of last week.
JUDGE CowING's CHARGE TO THE JURY.
After openiug Court yesterday forenoon Judge Cowng
charged jury He sad he had entered upon the tia
Of the case. he was sure the Jdry had also,
with determination that perfect justice should
be DONE He called attention 10 the fact
that a question OF nationality had been
brought pto the case and he wished the jury to dsabuse
their minds wholly Of this element II was not the qles
to whether not Ireland should be free, or whether
or not England was opprossor, but simply whether
the criminal lava of this State had been violated in the
publication of the newspaper article which was alleged
TO be libelous The case peculiar In this respect
that it OF tho class in which, under the Consu
ton OF the United States the jury were the sole judges
Of and the facts Therefore, whatever he would
saJ would be simply advisory, bus believing that ne
knew moro about the law OF libel than they, he hoped
they would consideration 20 what heshoud
saw He read tae section OF the Criminal Code
relating TO libel and describedt as merely reiteraton
of what had beer the common law before the statute
was passed. The object OF punishment FOR tho crime
vas not wholly to protect the regulations Of ciiizens
peace In order make out their case the people were
reoured to prove frat the fact Of the publication
ono that Il was not n privileged communication; ana
third, that 1t malicious publication On the hrst
point it conceded BY the defendant that no had
composed printed aud published the alleged hbeous
| article The prosecution had proved that an empioyo
CT Mr. Belmont had bought of the newspaper ana
this fact proved promugatOn far the law was coa
cerped as completely II q thousand copies had bocn
Sold II the article tended to pjure the business or gen
eral reputation OF Mr. Belmont II vas bb'Hous AS 10
the onesiop OF MALICE the word not 10 be taken IN
the usual sense In which % was used In the YER
nacular II the act of publishing It was done inten-
iionglly aud for wrongful end 1t was done with
malice which necessarily Include either hatred
or i.wnl. II the article had been privileged commu'
uicatlon this fact would rebut the presumption oil
malice but he would Charge that the article In question
| was not a privileged communication.
WHAT THE DEFENCE HAD TO DO
In order TO make defence against the prosecution
the Judge continued It would be necessary for the de-
fendsn to prove that the article waI re and was pub
,ished from good motives and for justiiahle end To
establish this the defence introduced the papers I'm the
long courso OF litigation that preceded the publication
| of the article which, IL was alleged. proved the
truth OF the charges u the article. He would however
call attention TO the fact that the people asserted that
tho decision OF Brooklyn court had IL not Justified Mr.
| Belmont at least e1ouerated hun fIom ali liability.
But the defendant wOnd not be absolyed by proving
the truth Of the article alone he must also show that
bis motives were good and that his ends vert ushabe
The article" said Judge Cowiug. "it Is ooncedei was
written by tho defendant the Of Mr.. Bel
mont's son Running for Congress- u ! remember tho
testimony ,r the purpose OF defeating his nom-
| nation or election. That was his motive II
| 7 ppderstaud him correctly DID tho occasion-
did the motive which actua,ed him-justify
him In publishing that arclei WHAT was to be gained
as Iq9destani nm u was tE, % oSnai m Belmont
ia no; public mnn ne ia private czen' ana tue pe
Justification for printing tie li6ellous matter IN IDS
case then Ia every where moneJ o"ag me pflh
ng press may be brought In as De" mOt's Po"ei i'i
the collection Of debts.
RETIREMENT or 1Hg JURY.
Judge Cowug delivered his charge standing Among
mia most Interested bearers was Mr. Benort who sat ~
the front OF lawyers just outside the bar After
few specal charges asked for by Colonel spencer had
| been gwen the jary withdrew from tho courtroom
They he'd been cut bali hour whoa Judge Cowing ro
called them one OF the jurors had sent 10 him request
for a Law book The decision Of the Court OF AP-
peais I'm tho civil suil brought by O'Mahoney
reversing an order ~ Judge MoCunn, and ordering the
money D the hands OF Receiver haT 70 Ds Ie,uF1e 20
Belmont 4 CO.. had been referred 20 frequently lh the
prOgfess OF the trial, and Il evident mat the jury
were curiOus 10 learn IN OF ths ~. u ~
thar out OF the enort OF the AmeI
-ejeb,4sn wear. ago Judge Cowng sa;cd that tney
might ask him any quest 0ns lhy chost' Dt no cOnu
ross and asked whether the lry ithi 0rng In yer
diet with rocOmnondatOn Julse NO"ms fspnesu,
the verdict would b..
THR VERDICT.
An hour and ton muutes after The jury had let the
box they returned and the foreman announced the yer
dict: "Wc find John Dcvoy guilty, and recommend
him 70 the z.Teme ceuency Of the Court VT Dewey
ook uostiOn a, tho bar besid, his counsel, Colonel
I spencer who addressing the Court, sad that u bis
Honor was not prepared 10 act on tbs verdict AZ once
and would leave for consultation and reflection, he
would request that his client DO permitted to go al
liberty uuti such time should be passed
Assistant DstrotAttorney Fellows sad that the de
fendant was entitled % days before sentonce, and
the people wonld nter2oe objection n the time we're
coione spencer-Under all the circumstances then
Jndee CoWing-The defendant Ia entitled to his two
days go lar as am concerned. am as READY now as
SeP another consultation with his client. Colonel
spencer sad that the defendant preferred 10 have tht
case disposed o.
THE QUESTION or PUNISHMENT.
Mr. Bangs On tie question oi the punishment 10 be
inflicted On Mr. Dcvoy who has been convicted Of Tho
crime OF libel. wish 10 say few words In behalf OF Mr.
R.,uopt the individual who has suffered. There have
been many references by council On the other sid'
during this trial tony being here private counsel to Mr.
BELMONT In saying what do now as his private counse
sneak only as his mcuthpiece ind not a. his adviser
promper oF nspirer He desires 10 say that he has hal
no further object this action nor has ne had any othe
In the trial and prosecution OF tins complaint than U
submit TO aJury OF his te1ow-clens whetner A9 wa
guilty or moi OF the Infamous crime charged against MN
IIavne obtained the verdict OF hghy fespecable Duj
on perfectly clear evidence; having thoroughly yndl
t csted himself by the proof ana the verdict
! ton or reproach it s not his desire that
the defendant should receive any further punish
ner than s involved IN the conviction OF the puOca
Tor of most atroci0us faseho0d And 50 far as IL
proper TO join in the recommendation Of the jury h
Ions In and seconds 10. ~, 80. A.,
h Colonel spsneer-As I consider the verdict OF Tn
jury recommending the deiendant to the extreme elem
ebc OF the Court II s Impression on Their part ina
while ne m technically guilty OF the offence lie actet
maD on that jury believes that John Dewey aacions!
4 wrote A word tnht he did not believe To DE ttue.
. MT BangE-Mr. Dewey Is found guilty by the Jury o
q the offence charged the indctment-the publication
nacious liDel without Justification Mr. Belmont doe