The New York Herald Newspaper, February 8, 1843, Page 2

NEW YORK HERALD: Court of General Sessions. Present Recorder Tallmadge, Judge Lynch, Aldermen é * ae Jams Hitine, District ney. Fre. 7th.—.Anciony Dey vs. James Gordon Bennett — ‘The case having been called, Mr. Monnitt asked permission to call the names of the witnesses for the defence, and sccordingly commenced reading aloud a list of upwards of one hundred names. After twenty or thirty persons had been called The Drstaict Artonngy asked Mr. Morrill if he hed not better have a Directory? Mr. Moxnizt—Oh ! sir, you have only to look at the schedule—it will answer the purpose. (A laugh.) Mr. Monaitt proceeded—Pat Colpays. Durnict Arronrny—Who’s that? Mr. Moxai.t—Ob! that’s the man that swept his offices. (A laugh.) Mr. Moreiit went on—Monmouth B, Hart. District Atroaxty—He’s looking for Colt. (A laugh.) Mr. Monarit—Dudley Selden. (A ct Arronsey—Oh! he’s in Congress. to the District At- torney, who again offered it to Mr. Morrill, amid the sup- pressed laughter of the audience.) At length the long list of witnesses was concluded. Mr. Jonpan, counsel for defence, then rose and said—I beg leave to say to your Honors, that this is a case which has excited considerable interest in the com- munity, not ouly on account of the conspicuous charac- ters of the parties, but also the intrinsic nature of the com. —— = — ‘The Libel Case—Anthony Dey, A full report of the opening of this case will be found in our columns, embracing the speeches of the District Attorney for the prosecution, and of Mr. Jordan for the detence. To-day the evidence will begin. We are requested to say that an attachment will be issued against all those witnesses who have been subpened in this case, and do net appear at the Court of Sessions to-day, at 11 o'clock. laugh.) [An officer here handed a Directoi ‘The Approaching Spring Trade. Weare very thoroughly persuaded that the pros- pects of the Spring Trade, and of the country generally, are better and brighter than they have been for seven years past. Let us take an inventory of stock on hand, the . plaint, being for a libel in publishing what on the debts due, the queer in circulation, and a glance records of the District coon ate ae fed State, at the prospects before us. and making such remarks on it as will appear by and by. Phen ee. 1849. Ox Hann, | Mr. Bennett stands in the situation of a public journalist; uo «180,000,000 | & man conducting a newspaper of very extensive circula- Ofthe Forest a ++ 10,000,000 | tion, and one which takes cognizance of the politics, fol- Payee et Beane ae lies, morals, and crimes of mankind, as extensively as any Aastbolfere 222 400,000,e00 | Public journal in the country, and he has therefore ample att 212 “10\e00;000 | means for making enemies as well as friends. He has also be 000,000 | the means, and, Perhaps, like other editors, employs them, se : creating prejudices. Now we propose—of course with- out any knowledge whatever of the opinions or sentiments of any of the jurors called, with respect to the parties in the case, or the case itself, but by way of caution —to chal- lenge the jorors, and to ascertain from them individually whether they have read this alleged libel—whether they have heard conversations about it—whether they have any prejudices against Mr. Bennett—whether, in short, they are in that situation in which the law requires a jury to be—entirely devoid of all impression of the guilt or in- nocence of the party accused. I make this explanation because otherwise eur challenges might be deemed un. courteous and unkind to the jurors. eeconnen—Certainly, sir; you have a right to chal- nge. Jonn B. Gasswen called ‘and sworn.—Knew both par- ties, had read the libel; thought at thetime that it was wrong for Mr. Bennett to publish these “ little notions;” that they had better been kept secret; read it over in his store to his partmer, and made a many remarks about it; Mr. McLaren was there at the time, and he said at was wrong to publish it. Recoxpxr—Did you form any opinion on the matter? Juro: not exactly make up my mind that it was libellous; | would rather be excused, sir. Distaict Arrorney—That is not the question; did you make up your mind that it was libellous? Jun ‘Yes, I did. He was set aside. Waxrer Barnes was next called, but did not answer. James Pract called and sworn as to his competency; had seen the publication; that was, the schedule; did not see the remarks; had not heard much talk about the mat- ter; had formed no opmion about the rightiess nor the wrongness of the publication; had no prejudices against either party, neither of them had ever troubled him in any way. He was sworn as ajuror. Isaac M. Samusis was the next juror called—He was not acquainted with either party; had uot seen the pub- lication in question; had formed no opinion; never gave the matter a thought; knew from hearsay that Mr. Ben- nett is the editor of the Merald; never had any eccasion to form any prejudice against either party. Mr. Jonbax—What is your opinion of Mr. Bennett's re- putation as an editor? Recorper—I do not see the propriety of asking that question. Mr, Jonvax—l am aware, rer Honor, that the rule is differently administered in different Courts; I think if jurors have any general prejudice against the party on trial, that he is disqualified. Recorpen—| merely made the suggestion that your question was too extended. Mr. Samuete was then sworn, Gronrce W. Atwoop was next called—Had not formed any opinion. merchant at 12 Front street. Has no prejudice against either party. Sworn. Groner B. Mitten—Had formed no opinion. Is not in any particular business at present. Lives in Pearl street. Has no prejudice against either party. Sworn. Henry J. Mircue i was next called, but didnot an- swer. A.zent Watersury—Does not know either pay: Had seen and read the publication in question. Had not formed any opinion as to whether it wasa libel. Had formed an opinion astoits being right or wrong. Distaict ALrorney—Is it in amoral or legal sense? Jvroa—In a moral sense. Mr. Jonpan—Well, the moral sense is, after all, what constitutes a libel. The jurers are not sup to be lawy ers—they are not supposed to know, when they read a libel, whether it is libellous or not. It is that peculiar kind of thing that the very law depends on the moral right or wrong of it. It is undoubtedly a question for tho jury whether the ponies be a libel or not, eed loe they judge of it with respect to the moral restitude of the thing itself. It seems that we have no great trouble in getting jurors who have formed no opinion one way or the other, and I suppose it would be more satisfactory tothe parties and tothe community, and in fact redound mere to the honor of the law, that the case should be tried by jurors who are entirely {ree from all prejudice or impression in regard to the rectitude or otherwise of the acccused. 1 tufmitts your Bonors, that thongh the grounds may be slight, yet they are suffi 1,076,158,600 Estimate of annual produce for 1843, Total debt,........ ‘Taxable property in all the States, Active pepulation, Gross e Kstimated number of bankrupts, 3 000 Probable debts,unpaid; settled by the law, 150,000,000 Banxinc Movements at Ture Peniovs. 1836. 1 + 497,606,080 ., 492 278,015... 287,875,152 40,019,594 .. jon, 140,301,308. se 115,104,440 Net import of specie, 1821 to 1842, It is utterly impossible that a rich country and an active people, possessing such resources —such yast elements of wealth, can be long depressed or kept under. We are certainly at the.end of the period of depression. Hitherto, by means of the corrupt connection between the banks and politicians, the movements of trade have been mixed up with the movements of politics. Now it is over. The Bank of the United States has vanished—a large mass of surplus state banking capital has vanished—trade is re-constructing itself on its own basis, on néw prin- ciples—with equalized exchanges—low prices— economy, and eash payments or short credits. These will make the movements of the future slow, but sure. During the next spring and fall, the profits on the actual cost of the aggregate produce of the country, cannot be less than one hundred and jifty millions of dollars. These vast profits will fall to the share of the active, the industrious, the honest and most talented in managing business. Think of this, young merchants and men of business, and advertise in time. The prize is greater than that presented by the rich Emperor of China to the British troops— but it is to be won by a far different method. It is true there isa heavy State debt—but that debt can- not affect those who have the management of busi- ness in this revolutionary age. Another grand pros- pect is before us. So don’t forget to advertise in time. Honesty, integrity, morals, intelligence, are in- creasing every day, even in the midst of all sorts of religious, moral, philosophical and literary excite- ments. The downfall of the bank inflation will, to acertainty, aid the moral revolution. This is cer- tain—then go ahead—and trust to the future. Travets 1n Eavpr, &c.—We shall publish at this effice on Friday morning, No. 2 of the great work on Egypt, by J. & E. Cooley. This number con- tains the popular story of Nebby Davod, illustrated with plates—price only 25 cents per number, being one half the original price, as the work will be com- pleted in six numbers. We shall have ready for delivery at the same time No. 1 of the Book of the Navy, comprising a gene- ral History of the American Marine—to contain very many large plates of Naval Engagements— The first No. will centain an admirable steel por- trait of Commodore Perry, together with other plates. Call and look at this. The whole will be com- plete in four numbers, only 25 cents per number. jent to exclude the juror. Distaict ATTORNE ubmit that the constitution sup- poses, in the case of libel, that every citizen is a good law- er, for it declares that the jurors are judges both of the law and the fact. Thejaror that goes into the box must be a free, unbiassed juror with regard to questions of fact. In every case when a juror is called, the great prelimina- ry question is, have you formed any opinion as te the guilt orinnocence ofthe accused. Ifso, he has doneit, not be- cause he knows the law, of which he is su; to be ig- norant, but because he has formed a distinct opinion of the facts ofthe case. Now the juror has formed no opinion as to whether the publication was a libel or not, but simply with respect to the propriety of the publication. Now, if the Court please, if the rule ofthe gentleman lid, no gentleman who, after reading the publication, and asking himself the question whether it was proper to pub. lish it or not, would be qualified as a juror. Then we would havejurors who do not think atall. This juror has torm- ed no opinion on the oo aspect of the case. Judge Lyscu—Has he not, “in avowing that he had formed an opinion on the morality of the publication, im- pliedly given us to know that he has formed an opinion of the motives of the publication ? Mr. Jonpan—tIt strikes me that that view of the case is correct. Certainly it is no very pleasant situation for any individual to be placed in, who is to be tried for an alledg- ed offence, by a juror who has an impression that his con- duct was wrong. Ido not know what isthe opinion of the jaror in this case, but at all events we are exposed to that without asking his opinion. I think that the admin- istration of justice— Recorper—This indictment is rather peculiar, in much as the Jury are judges both of the law and the fact. The motives constitute very much the gist of a case of this Errgcts or THE Svow Srorm.—The storm of Sunday was terrible—the severest we have had for some time. It extended to some distance north, south, east and west. It began on Lake Ontario last Friday, and in this city about 2 o’clock on Sun- day morning. We learn from Adams & Co., the Philadelphia and Boston express liners, that the railroad running to the former city was completely blocked up with snow—in some places to the depth of seven and eight feet. The train of cars which left here on Monday morning at 9 o’clock, had not reached Rah- way at4o’clock yesterday morning; and the train that left the same afternoon at 5 o’clock had not arrived at Elizabethtown at 7 o’clock yesterday morning. ‘The passengers by these trains have either returned to be va- : fe s | Kind, and it is very “desirable that the jurors to the city, or taken up lodgings “‘along the line.” | on ‘tdking their seats, should be unprejadiced The Housatonic Railroad, which connects with | with regard to the motives of the defendant. ‘The Court is of opinion that the juror should stand Mr. Waterbury was ac-ordingly set asidi Bexsamiw R. Tweact was next called. Had formed no opinion, and had no preudice. | Sworn. Wituam Hawkins. aleather dresser, lives at 361 Pearl street—reads the Herald—had formed no opinion, and had no prejudice. Sworn. Tuomas W. Moxtcomery—Is a merchant, lives at 366 Pearl street—had formed no opinion, and had no prejudice against either party. Swern. Exocn Moncax—Lives at 202 Greenwich street; is soap and candle manufacturer. Had formed ne opin: the publication—had no particular prejudice against. Mr. Bennett; Mr. Bennett had published some things which he thought ought not to be published. Mr. Jonpan—I suppose that is enough to exclude the juror. Reconpen—He has sworn that ho. has no particular prejudice. * Mr. Jonpan—Mr. Bennett occupies a peculiar position. Some think the Herald an excellent, moral paper and others think differently. 1 suppose if Col. were called on this jury, although he might not have formed any opinion as'to the publications in question, we could scarcely think him a fit and proper juror on account of Albany, and the Norwich road which runs to Bos- 3 ton, were in the same condition as the Philadelphia road, but are perfectly clear by this time. In relation to the storm we make the following extracts from papers received :— [From Albany Atlas, Feb. 6.] A snow storm set in yesterday morning, and con- tinued falling through the day. [From Philadelphia Chronicle, Feb. 7.] Yesterday was a pretty good sample of an old fashioned winter’sday. The cold waa intense, and infased quickness into the motions of most pedes- trians, as well as planted roses in their cheeks, and added brilliancy to the color of their noses.” Our southern friends seem to have been favored in the same way recently, for the Charleston Mereury. of the 3d says—‘‘After a long vernal respite, old Win- ter has given us what we suppose was a parting grip of his frozen fist. Wednesday was bitter cold, with a flarry of snow about eight o’clock in the morning, and the wind biting shrewdly as pepper vinegar dur- | his prejudices. ing the day; and yesterday was quite cold enough ‘he Junon—Mr. Bennett has merely published some to be pleasant with thick clothing and warm fires; | things which I didn’t like. 1 don’t know Mr. Bennett. Mr. Jonpan—That’s not it, sir. I knew Mr. Bennett as well as I do the sun that shines, before ever I saw his face. I submit that this man must be excluded. Reconper—I really de not see on what grounds, Mr. Jordan. Mr. Taeace was then sworn, Jous Compton called—Had formed an opinion as to the propriety of the publication. Set aside. Dante. Ropnins ealled—Had glanced over the publica. tion, but not with sufficient care to form an opinion ; had no particular prejudice against Mr. Bennett, and scarcel: ever read his paper, but considered him entitled to his rights. Sworn. nnan Cow.e—Lives im the Seventh Ward—keeps ship stores—has formed an opinion on the propriety of the publication. Set aside. THowss Emenson—l live at 274 Christie street—am a brass founder—have not seen the publication—heard noth: ing about it, except that the trial was coming off to-day— do not see the Herald often—stopped taking it about a year but we are inclined to think the thermemeter di not show quite so low as 12 degress below zero in the morning.” Barrish ConsuL in New Yorx.—We learn that the abolitionists of Great Britain are endeavoring to prevail on their government to revoke the appoint- ment of Anthony Barclay, Esq., as consul for New York, on account of some estate, with slaves on it, which he purchased in the south. How far will fanaticism got Unrren States Senator.—Silas Wright, Jr. was yesterday elected United States Senator for six years from next March. He was unanimously no- minated en Monday. “Wie Jonpan—For what reason 7 . District Atrorney—l object to that question. Mr. Jonpvan—We do not wish to be tried by any man Tue Sroits.—It is now said that Noah is to be ed States thi e whe has prejudices against Mr. Bennett or his paper. We the United Sta brie of oa ‘iy sinee the | Yin, impartial jurors ‘and think that enough of them can affaires of Morocco have been settled. be found. We wish every juror to stand a piece of white paper. This juror has taken a \d conceiv- Stare Treasuren.—Thomas Farrington waselec- | © 4 dislike to it. I therefore wish to jim the cause of his stopping it, in order to discover where the prejudice exist Reconpen—I understand the juror to say that he had not any prejudice. Mr. Jonpan—Men are often as unconscious of preju- a of the circulation of the fluids in their bodies. Pre- jndice is so subtle in its natuge, that it may be circulating ‘brough & man’s veins, and poisoning the very sources of life, whilst he is all unconscious of its existence. I wish in the present case to get at the facts, and allow the Court to judge whether prejudice existhere or not. Your Honors know that the individual on trial here, is one of great no- toriety and Recon Make your inquiries, Mr. Jordan, Mr. Jonpan—(to the Juror)—What were your reasons for stopping the Herald ? Jonon—I was taking several papers at the time, and 1 did notthink my means would permit me to take them all. ted State Treasurer on Monday. He was nomiva- ted in caucus on Saturday. Luvets in Pattapetrata.—The jury in the libel case against the Ledger, could not agree—5 to 5 What nonsense to bring euch suits ! Cans —Why don’t an omnibus run from Fulton ferry to Jersey ferry? In Paris omnibuases run al! over the city, and in every direction, too. Lorrerigs.—The lotiery business is quite flour. ishing in New York, in spite of the law and its pen- 1 alties. We see one of the papers full of advertise- | have no prejudice ogainst Mr, Bennett. I dont know the ments. man—I heard a great deal of talk about him, but! don't form any opinions from what I hear or ace published either. Mr. Jonvan—I ask simply whether you know the repu- tation of Mr. Bennett in his paper % Law or Linec.—Can any body tell what it is? or what it means 7 purser Asrontst—This is surely carrying it beyond Recompea—He says he has no judice—let him be sworn. Mr. Emerson wos acc orn. fon ad pany og was arclay street, keep @ public honse. read the Herald—have not tion, and have formed no opini 5 TRI ap arid you know Mr. Dey ? 0, Mr. Ledwith Aunxr Lawron called—I read the Herald, but have form- ed no opinion, and have no prejudices, Sworn. The Jury being now complete, the District Attorney opened the case as follows: — GentLemen oy THR JuRY—This is an indictment for alibel against James Gordon Bennett, editor and proprie- tor of the New York Herald. The complainant is Mr. Anthony Dey, a gentleman who has occu) an eminent station in this community, as a lawyer and as as agentle- man, who was at one time exceedingly prosperous in bu- siness, until he amassed a considerable amount of both realand personal estate. Owing to misfortune he be- eame impoverished, made an iment of his property for the benefit of his creditors, and at length thought it ne. cessary to seek the relief which has been affo! by an act known asthe “Bankrupt Act.” Mr. Dey, ashe had a Tight to do, and as he was bound to do, made an inventory of hisestate, setting forth the names of his creditors, and the character of his indebtedness to them, and also a list of his assets. These papers were spread upon the files of the Court, and were sought by Mr. Bennett—a copy ofthe scheaule made and published in the Herald, Te com. plaint is not so much of the publication of the schedule as ofthe remarke that appeared in the Paper as editorial, and comments on the character and standing of Mr. Dey. The ig cause of complaint lies in these editorial remarks. does, indeed, also complain that the statement pub- lished by Mr. Bennett as a statement of his schedule, is garbled, and mixed up with obser- vations by Mr. Bennett, uncalled for and unjustifiable. This law of libel, gentlemen, has in our country under- gone @ very great change. Formerly, and in England, well as here, it was held that the greater the trut greater the libel ; and this in very many instances is en- Urely true. But inour State, by the constitution of it, persons now are held responsible only for the truth of whatthey publish, and for the motives and end of the publication. Our constitution, therefore, has settled an entirely new principle in relation to the law of libel, by conterring the privilege on every citizen; firat, of plead- + ing the truth in justification; and, secondly, of good mo. tives and justifiable ends. T! lom of 5; h and publication belongs no more tothe editor of a public newspaper than to the private citizen. The constitution grants to every man in the community, no matter what his station or calling, the same right that is claimed by the conductors ot! the public press. The constitution de- clares that “ Every citizen may freely speak, write and ublish his sentimentson all subjects, being ‘responsible for the abuse of that right—and no law shall be pass restrain or abridge the liberty of speech or of the press. In all prosecutions and indictments jor libel, the truth ‘may be given in evidence to the jury ; and if it appear to the jury that the matter charged as libellous is true, and published with good motives and for justifiable ends, the party ac- cused shall stand acquitte!; and the jury a right to determine both the law and the facts.” Formerly in England, as wellas here, it was held thatthe Court were ely the jodges ofthe law of libel, and whether uals or the government were libelled, the Court on reading the paper decided whether it were libellous or not—the jury havii g nothing to de but simply pass on the question of publication. ‘This ruleof law in England was carriedtoa very great extent ; and to such an extent that the government protected itself by it in all its oppres- sions of the people d there was no means of stemming the despotism of those in power in this particular by rea- son of tha intervention of the judges, who constantly held individuals responsible whenever they called in question theconduct of the government and the character of its officers. This being so, there was a restraint not only of the press, but alsoof public discussion. This led to the very celebrated letters, of which all of you must have read, written by “Junius,” in favor of con- stitutional ’ liberty on’ this subject. It was then probably that the great struggle first commenced, which went to establish in that country the privileges of {ree dis- cussion on men and measures, and particularly of the go- vernment. This law is justly regarded as of the highest importance, and in this State it ummed up and settled in the section of the constitution which I have read. And you see from its pecu ology it ‘was intended that express their sentiments freely, them to do that,either by speaking, writing, or publishing, being held responsible first, for the truth, secondly for the motives, and thirdly, for the ens of ‘he publication.— Now you have heard it said by the counsel on the other side that Mr. Bennett is a person well known in this com. munity. This may be so, {et he does not appear on this trial before the Jury as individuals generally do. There is claimed at this day forthe public press a degree of free- dom from all law and all restraint, that I apprehend can- not yet be granted to it by any twelve honest jurymen to be found in the community. ‘[amfree and willing to ad- its right to the freedom bestowed on it by the Consti- tution, but yet it isnot always proper, right and just, to publish the truth. Because, if the doctrine which will probably be claimed by the gentlemen is true, there is no man iu this community who can regard the most private recesses of his own heuse as safe from the prying goze of the public newspapers, which will transfer to its columns and givete the world the most private aftairs of his house- hold. The slightest controversy that may take place be- tween a man and his wile may bespread on the pages of the newspaper and set forth to the community. The least difficulty with one of his children may be trumpet sd forth and sent forth in glowing colors, either to degrade or in- jure in some way the head or members of the family.— Great complaint bas been made, and in rtpf the “notoriety” of Mr. Bennett ses from the fe at in stead ef applying his newspaper to the discussion of principles of civil government and men and measures, which form the fair subjects of newspaper discussion, he has gone from public life into private life in such a way, thet a mancould scarcely have around him his friends to have ac mvivial meeting, without their being ut before the community, and almost every word and Joke uttered published to ie world, to gratify vitiate’ cu- riosity. If a man’ ughter was to ty of her young female friends to her, their names, character and behaviour were blazoned forth, often in such & way as to produce a blush on the cheek of modes- ty, while there was nothing on the face of the thing that you could lay your hands on as vicious in iteel. Now I stand here to deny that Mr. James Gordon Bennett, the de- dant in this case, or = other man in the editorial has any right to such freedom. And it willbe for you, Gentlemen, to say after you have heard the whole isory of the case, whether he stands justified or not,and whether, you as members of this community ,are prepared to Gant and concede such a right to such an extent. The public press is an instrument of very great good and also of very great evil. Within its legitimate and peculiar Sphere—with all the liberty which it has the right to claim —in the selection of proper language, there can be no necessity in a community like ours of its gomg beyond its proper bounds. In this case Mr. Dey complains first, that the editorial remarks are libellous, and as to this, gentlemen, perhaps if you tuke them sentence by sentence and examine them cditically, you mey conceive that they are true, or are in the maintrue. But they are, on the facethem, tal connection, from bay Horr, i end, intended to be cal. A man may be libelfed by speaking the trutl For instance, if an individual is known to be a very stu: pid man and with a bad memory, should be ted man of remarkable intelligence and an excellent histo- ian, such observations would be justly regarded as libel- And we say tl in this case, ten the manner in Mr. Bennett has gone on to set forth the reputation ve a small social par- chi of Mr. Dey, he has made it quite ridiculous and libelious. The definition af the term “ libel” includes any written or printed publication of any matter which charges an indi- vidual with an offence, or holds him upto ridicule, or which is calculated to excite his passion, or to produce a breach of the public peace. A man may be libelled in va- . He may be libelled by g, as well as by written wor A celebrated instance of this sort of liber occurred in this very city, sometime since. An Italian painter, painted the portrait of agentieman, with which the latter was not satisfied, and refused to pay for it, on the ground that it wasnot a likeness. The Italian added a pair of ass ears to the portrait and exhi- bited it in his window. That held to be libellous, and a jury in this city found the Italian guilty of the libel and the Court subjected him to punishment © We suppose Mr. Bennett guilty of libel in these editorial remarks, and also, that in the copy of the schedule he made mcb omis- sions and added such comments as made itlibellous,— ‘Then as to the probable motives. It was deemed rather singular by Mr. Dey and his friends, that he alone should be selected, if the design was to copy the schedules of per- sons, applying for the benefit of the bankrupt act. Not heing inlcbted to Mr. Bennett, Mr. Dey supposed that the latter was not influenced by the simple motive of giving notice to his creditors, but that he had been induced to do 80, either first, for the purpose of extorting money from Mr. Dey to prevent a repetition of the editorial remarks,or that he was hired to do so by some persons who had en mity against Mr. Dey. How this is, and how it may turn out in the trial of the case, Ido not know. But, under that impression Mr. Dey set'down and applitd to a grond Jury, who have submitted his complaint to your adjudica. tion,’ We skall contend that Mr. Bennett has overste the bounds assigned him by law —that he has violated the law—that in this publication he has attempted to hold Mr. Dey up to public ridicule, scorn and indignation—and that this publication was not made with good motives and for justifiable ends. I shall therefore present the case in these aspects te your consideration, and it will be for you to say whether Mr. Bennett is to be handed ever to this Court for such punishment as they may think pro- per to inflict, or whether he stands entirely excused. The District Atronxey here produced acopy of the Weekly Herald of Dec. 17, 1842. The counsel for defence admitted the publication, ‘The District Atronney then read the following por- tions of the editorial article in question “ Repeal of the Baukrupt Law—Its P: in Real Life—Case of Anthony Dey, Esq. ” *ro-day, however, we piveto the public the state of a: fairs of a gentleman on whom we doubt not the bankrupt law will produce a very wholesome effect, and one direet- ly the Teverse of that produced upon Col. Webb. Itisthe case of Anthony Dey, Esq., and far surpasses all we have yet He has blished on the philosophy of ban ruptey. filed in the U. 8. District Court his petition in bankruptcy, consisting of various schedules, from A to Z,or there. bouts, altogether occupying 76 closely written pages of foolscap, the substance of which we have endeavored to report with accuracy and impartiality. It isa very sin- ‘ular, curious, complicated, and philosophical expore.— Sir. Dey has stood among the. foremost atthe New York bar—a gentleman and a christian—a man of honor, integ- rity, respectability, and undoubted piety, and whatever may be the final result ef his application fora repudiation of his debts in the Court of Bankruptcy below, there can be no donbt that in the Court of Heaven above, his petition for a remission of sins will be heard, and a decree of eter nal discharge be given from any lien which the great Ad- versary may have hold against him. Mr. Dey has been reputed to rich man, and we are not sure but that his name is upon the list of rich men lately published by Mo- ses Y. Beach, a brochure of startling accuracy in the st: tistics of New York wealthy men. Yet he is now an ap- pllcant for a decree in bankruptcy. His case will be found to be one of great richness in morals, piety, pou- peculations, and gold drette, finance, religion, law, land mining. We ‘each ne blame, however, to Mr. Dey. He seems to have been bowed down for years, and at length prostrated under the influence of that disastrous system of domestic economy under which the country has been suf. fering since 1880. Mr. Dey is not alone. And we doubt not that far more extraordinary cases than his will et come up- Still his case is very curious and remarkable. ‘Then follows the classifeation of the various, mech nics aud others to whom Mr. Dey is indebted. The arti- cle on i— “On the other hand also, among the assets, there will be seen no contemptible array of strength. His schedules are rich and strong in bibles, psalm books, poudrette, and pews, together with much lands, houses, gold mines, and other proyerty, all of which we doubt not, will be viewed with complacency and approbation by all his creditors, as well those inthe Ceurt of Bankruptcy below, as those in the Court of last resort above. And if, im the painful trial through which he is now passing, his title to gold mines and mansions in this world shall not prove clear or, even vanish away, we hope and believe that the time is near at hand “ When he will read his title clear, To mansions in the skies ; And bid farewell to every fear ‘And wipe his weeping eyes. “Whatever the poudrette and mines may be valued at,we have every reason to believe that the pews, ms and bibles, are equal in salvation to $2:129;706 874, in the cur- rency of New Jerusalem. On the whole, we know ofno objection on earth to Mr. Dey’s obtaining his certificate of discharge from all earthly debts, unless it be in the unex- plained mystery of that candlestick and the two candles. The account stands thus ;— Casn Account. Dr. tecash on hand Cr.by Here is very palpably a balance of one cent dueto some unnamed creditor, from whom it was received. This is a hat alarming. We certainly hope it it will not vitiate the petitioner’s application. ‘There are otber portions of the schedule published, con. tinued the District Attorney, but I donot wish to occupy the time of the Jury by reading them at present. We rest the case here, Mr. Joxpan then opened the case for the defence as {ol lows :—I am really at a loss to know of what part of this e mplains. Heis called“ Anthony Dey, Esq.,” “of high standing asa lawyer, a gentleman achristion,” and I see no reason to srpere that this is meant in ridicule, The article then goes on and instead of publishing the schedule _ itself, gives a description of the classes of s, to whom Mr. Dey was indebted. The defence consists in showing, in the ai liped that the publication is true. That schedule isa public document, placed on the record of the District Court of the United States. It is public property. Every man has a right to know what it is, either by going to the files and perusing it, or by obtain ing, upon the payment of the usual compensation in the shape of fees, from any of the officers of that court en- trusted with the record, a copy of it. Reconper—Does the District Attorney admit that the report of the schedule is substantially correct 7 Distarct Artorney—No, we do ni Mr. Jonpan—We shall show that so. Mr. Bennett has not published the whole schedule, because, as he says, it is spread over seventy-six pages of foolscap. But we will show you by reading the schedule itself, that Mr. Bennett has represented nothing wrong. He has sup- pressed no material fact, except what he has stated to exist in general. In regard to the debts, he has not pro- fessed to set them all forth, but he gives every one who reads the editorial article sufficient proof that to all the classes mentioned in it Mr. Dey was indebted, and also sutlicient knowledge that he does not intend, nor profess to set forth the whole, except in so far as to show the classes to whom Mr. Dey was indebted. Now, we will show that so faras he goes he was correct, and where he does not go he fairly apprizes the reader; and if the reader have any curiosity excited by the publication, he knews that he can go tothe schedule itself, and there ascertain the truth and correctness of what is not set forth in the detail. We shall, therefore, in the first place, r ly on the truth of all that Mr. Bennett has set forth ; and that, after all, is the main foundation of the defence in a case of libel. If a man will publish what is false, either by a positive statement of what is untrue, or ppressing and keeping people in the dark in relation ¢o what is true and thereby giving afalse impression of the general mat- ter, whichis but another mode of uttering falsehoods, that may be unquestionably libellous. But we shall be able to show to you that thereare in this publication the strictest fidelity andtruth. There is one remarkable cir- cumstance which you have probably noticed in this pub- lication, and that is that there is not a single expression o! ill-will against Mr.Dey. Notone. There 1s not one un: civil expression, even in the whole article. I have read the article over and over and I have been unable to find one. There is nothing in the publication which imputes wrong motives to Mr. Dey. ‘There is nothing in it which charges him with becoming indebted to others fraudu- lently. There is nothing which charges him with having committed any fraud in making out his petition or sche dules or any portion of the papers or representations which he has made in the case ef his application in the Court o! Bankruptcy. There is nothing in the publication which T have been able to discover as calculated to disparage the moral characterof Mr. Dey. All there is that I can see calculated to hold him up to ridicale and contempt, is the publication of the truth. Now then, if a man is so very sensitive that he cannot bear the publication of the truth, when it is not discolored—when it is not distorted. but on the contrary,is put forth with expressions of kindness ani vility, of «due respect to his character and feelings, so far aa the publication of the naked truth will admit of it—if a man be so very sensitive that he cannot bear that, why, then, itseemsto me that that part of the Constitution of our country, which, as the District Attorney has properly remarked permits the truth ‘to be given in evi dence is completely nullified. I ask you it it is for the preservation of the morality ‘of this com. munity—if it is calculated to produce a wholesome standard of morals, to prohibit a man from publish- jing the truth about any transaction, provided he does it with decorom and with kindness tothe individual? | apprehend that there is no objection to a publication of that kind. Iapprehend that if a publication of that kind be prohibited, then we are no longer at liberty to publish the truth with good motives and for justifiable ends, Now let us see how far the doctrine of the law goes with regard tothe justifiableness of the motives and ends in view. 1 shall prevail’, difter a little from the District Attorney in regard to details, but not in regard to the general princi- le of the law. I say that this community are gntitled to now all the follies, and, if you please, the frauds, of its members—that they are entitled to know the results of the misconduct of individuals. In cases where, b: the visitation of Providence or unexpected calamity whic! the sufferer hadno hand in procuring, a man is placed in an unfortunate position, the law prima facia presumes ep of that kind to be done with bad motives and yr unjustifiable ends, and the defendant is called en aftir matively to prove the contrary, But 1 insist that where anything is brought on aman by his own fol; own extravagance, and that operating to the pr the community, the law draws a different conclusion, and the publication which reveals to the world his crime,or folly, or misdemeanor, supposed to be done with good motives and for justifiable ends. How else, I ask, can this community be ‘apprized of the frauds and crimes w are daily ‘perpetrated? Here, in this Court, there wat man convicted this morning, of a felony. Now, suppose a week, or a fortnight, or two years hence, that the editor ofa newspaper should publish that Patrick Flanagan—I forget his name—had been guilty of grand larceny in stealing from his benefactress. “Well, the editor is in- dicted for a libel. But he ves the commission of the g crime, with the additional sin of ingratitude. | Oh! but” says the District Attorney, “I have just got him indicted for publishing the truth, and it is now incumbent on him to show that he done it with good motives and for justi- fiable ends.” Now | would ask whether the law does not infer that inasmuch as that crime and fraud and in- gratitude were by the procurement of the party himself,the publication of the truth in relation to his case was done with good motives and for justifiable ends. But suppose a man has a wen on his neck, for has a deformity--has a crook. ed limb, or a squinting eye,or that he has some foul disease, a leprosy, or something brought on him by the visitation of God, or an unavoidable accident; or suppose he has an unfortunate son, or an unfortunate wife, or an un- fortunate daugiter, who has been guilty of some crime, or misdemeanor, or impropriety, or criminality, or indecen cy that outrages the moral sense of thecommunity, with- out any fault of his—there the rule of law would be dif- ferent. The editor of a newspaper, or any one who would publish that to the world, either by writing or printing, would be guilty of libel, unless he could show some pow erful metive urging him to do so for the attainmentof a justifiable end.. Here is the point in this case. If Mr. Dey has been guilty of folly and, extravagance—of humbug. gery or fraud—or anything else that has bronght him into the situation of a bankrupt, his schedule introduced upon the records of the Court is ‘in itself highly ridiculous evidence of fraud if you please—ot im ‘ion on thi whole community. It is his own act; and | shall take the ground—the bold ground, and I think fully borne out by the facts—that Mr. Bennett, or any one else, has aright to expose his case to the community—to show what Mr. Dey’s practises have been—what the humbugs and trauds—I do not charge them in the case—but if they have been, every thing will appear—which have made him indebted to A. B. and C.—to every body—all the letters of the alphabet, irom A.to Z.—reported five times over, for aught 1 know to the contrary. Now, hat Mr. Bennett referred to the family of Mr. Dey? To any visitation of Providence upon him? To any misfortune in family? Hashe spokenof Mr. Dey in vituperative fer vindictive terms? In terms’ of ridicule, any further that in a spirit of afair commentary? For if’ man speak the truth he may adorn it—he may enforce it by illustrations; and if not so very select inthe figures and tropes he employs not so nice in bis language as some men of more fastidions taste, it is no matter. If the fact be trae, and allhis remarks tbe merely illustrative and ex- planatory, or if you pleaseornamental, I shall insist upon it, that he is quite justifiable in the publication. And so long as he does not travel out of it for the purpose of tacking the character of individuals, he does not trans- gress the rules A fg Mtoe the exercise of the liberty of the press. Now, in this case, we shall proceed to show that Mr. Bennett has published a faithful report of the sche- cule. We have aright to read the whole publication in the first place, and will then be at liberty to refer to, and read other publications cornected with the pens matter, and hence we shall now read to you the article b: Bennett :—“ It isa very ag 5. curious, complicated, and philosophical expose. Mr. Dey has stood am the foremost at the New York Bar—a gentleman and ris. tian—o man of honor, integrity, respectabilit doubted piety, and whatever may be the final results of his application for a repudiation of his debts in the Court of Bankruptcy below, there can be no doubt that in the Court of Heaven above, his petition for a remission of sins will be heard, and a decree of eternal discharge be given from v4 lien which the great Adversary may have held against him.” [Avery Catholic sentiment certaiflly! 1 cannot possibly see anything here which can lead a jury to believe that Mr. Bennett meant to wound the feelings of Mr. Dey. The article goes on]— Mr. Dey hasbeen repu- ted to be arich man, and we arenot sure but that his name is upon the list of rich men lately published by Moses Y. Beach, a brochure of startling accuracy in the statistics of New York wealthy men. Yet he is now an applicant for a decree in bankruptcy.” [We shall show you, gentlemen the pemphlet referred to, in which Mr. Dey was set down as worth $200,000, and just before his apy fication. Whe ther this was done by the procurement of Mr. Dey or not we cannot now say, but we will probably ascertain a) about that either from him or Mr. Beach, both of whom we can examine if we think proper. The article pro ceeds) His case will be found to be one of great rich- ness in morals, finance, religion, jaw, land specu 4 mining.” [Now we shall prove all this hall prove that Mr. Dey was the owner of two or pews in Mercer rtreet Church, for which he run in debt and never paid— one or two also in Dr. Spring’s church, for which he run and never or two also in a church in L variety of ways. New J the religious instruction, or at all events for that part which appertains to the sacred music of the church—that 3 was ia debt to those persons who taught his children to sing worthy, pious man, (a laugh) for all which he had run in debt, except for the psalm books and bibles, though Tam not sure of it, but he has not set them down in the inven- tory of hisdebts. ‘The artic blame, however, to Mr. Dey. He seems to have been bowed down for years, and at length prostrated under the influence of that under which the Mr. Dey is not alone; and we doubt not that iar more ex- traorJinary cases than his will yet come up. Still his case is very curious and remarkable. ‘The first thing which strikes uson looking over his schedule is the vast multi- tude of his debts, and the great number of distinct classes dividuals whom he owes. (Why, gentlemen, we will show you a lis. of them which worl reach to Broad- way, allowing halfan inch to each of them? (Laughter.)) His liabilities are not to one solitary bank, an round sum of $62,000, but they are to dozens and scores, masses, and classes; they are to administrators, bakers, blacksmiths, brokers, boat-rowers, boat-builders,butehers, butter women, and banks. [All true! gentlemen.) Cam- phene merchants,chemical manufacturing compani pet merchants cabinet makers,carriage lenders,carenters, cashiers, coblers, coopers, coal dealers, chamber maids, churches,corporations, and cooks—[True—every word of itt] dock-buillers, doctors, daughters,dry-good-merchanta, drovers and druggists—Endorsers—Freight merchants, trame-makers, fish-mongers, tarmers and florists—Gram- marschools and grocers—Ho! joers, hardware-mer. chants, harness-makers and hatters—Iron founders and iron —Keepers of boarding houses—Lumber mer- livery stable keepers, lawyers and laborers— Manufacturers, meat sellers, merchants and Miliers— Newspapers and nurses—[It is a fact, gentlemen]—Oil merchants and office-keepers—DPhysicians, printers, plaster grinders, publishers and painters—Quill deal Repair: ers of drawers—Segar merchants and seeds stable keepers and stationers, soap chandlers and solicitors, su- nts and shoemakers, school masters and school , Shoe dealers and scaveagers, sheep sellers and {(Laughter)—All true, gentlemen]—-Tallow chandlers, trustees, teachers and tailors—Union white lead companies, universities and upholsterers—Wagon makers and wagon lenders, wharf owners and wharf builders, washerwomen, widows and wives—through all the letters of the alphabet. This is no burlesque, nor intended as such, for all the occupations named above may every one be seen written down in Mr Dey’s philosophical schedules. (Considerable laughter.) On the other hand also, among the assets, there will be seen uo contemptible array of strength. ‘His schedules are rich and strong in bibles, psalm books, poudrette, and pews, together with much lands, houses, gold mines, and other property, all of which we doubt not, will be viewed with complacency and approbation by all his creditors, as well those in the Court of Bankruptcy below, as those in the Court of last resort above. And, in the painful trial through which he is now passing, his title to gold mines and mansions in this world shall not prove clear or even vanish away, we hope and believe that the time is near at hand “ When ha will read hi disastrous system of domestic economy title clear, To mansions in the skies ; And bid farewell to every fear And wipe his weaping eyes.” “Whatever the pondrette and mines may be valued at,we have every reason to believe that the news, psalms, and bibles, are equal in salvation to $2,156 795 874, in the cur. rency of New Jerusalem. On the whole, we know of no objection on earth to Mr Dey’s obtaining his certificate of discharge from all earthly debts, unless it be in the unex- plained mystery of that candlestick and the two candles. The account stands thus ; — Casn Accousr. Dr. to cash on. hand. . se eee « «$0,000 23 Cr. by one candiestiak and two candies, 0,000 29 Here is very palpably a balance of one cent due to some unnamed creditor, from whom it was received. This is mysterious, and somewhat alarming. We certainly hope and trust it will not vitiate the petioner’s application.” Perhaps it was not necessary to state the various classes of persons to whom Mr. Dey was indebted; but ifthat had been left out the District Attorney would probably have accused Mr. Bennett of suppressing a part of the truth. 1 do not know that there is any {harm in saying that Mr Dey had a greater number of Bibles than was necessary for the use of his family, unless you mean to construe eve ry truth into a sneer, and take up the insinuations which, I confess I was surprised to hear from the District Attor- ney, and to which he would surely not have given utter- ance, had he recollected what was said by the Court when we were examiing the competency of the jurors. ‘The Court had stated that the case to be tried without re ference to any thing hut its subject matter, but the Dis- Attorney no sooner opens his mouth than he goes away back to tell you what Mr Bennett had done in pub- lishing the chit-chat of the social party. But that has no- thing to do, 1 need surely scarcely say,with this case.— Mr. Bennett, as you have alreaily been told from the bench, is to be tried for this offence, and it only. But if all that has been said against Mr. Bennett by personal en- if r by hostile editors, alw eady to coin and cir- landerous charges against him, is to be taken up you on thetrial of this case, | would give it up at once I would say to you, find the man gailty at once. Thére is no usein torturing him. Take him and victimize him atonce. There is no use in insulting him with the form and semblance of atrial. But, gentlemen, Tam disposed to tLink that you are not quite prepared to go that figure yet. You aré to try Mr. Bennett for a libel on Anthony Dey. That is Now, gentlemen, I insist uponit that the public press is in some sort a public censor. That it 18in some measure, and toa very considerable degree a corrector of public morals, and it executes that work in a It does so by holding up the follies of mankind to public view—by exhibiting in their genuine hue their frauds and crimes—telling the truth indeed, be- cause il not, there is no justification. It Is for the benefit ofthe community that all this should be done. It has a manifest tendency to prevent the repetition of crime, It excites public indignation against the offender. It fur. nishes an antidote to the poison of evil example. It pre- vents successful imposition. It elevates the standard of public morelity. If men were to remain ignorant of what was going on inthe community, especially in a great city like this ; if theinnumerable frauds and’ stratagems em ployed forthe iniquitous acquirement of property were permitted to go unexposed—if men were allowed to re- main in the dark with respect to the crimes, and frauds, and modes,and manner of humbugging the public, why, Gentlemen ofthe Jury, Ineed not tell you that the most deplorable state of things would be the consequence. Fraud and villany would stalk forth unabashed, without fear of detection, and the public would be plundered with impunity. And | appeal to your own knowledge and ex- perience; and 1 ask you, does not the public look to the uewspaper press for all that information ? Hence it isthat the publication of cases tried here is tolerated. Criminals are thus made known, and rendered in some degree harm- less in future. Now, gentlemen, in regard to the case be- fore us, hereis Mr. Dey, who has been, and I say it with all possible respect for the gentleman, one of the greatest humbugs of the age—a man who has under the reputation of great wealth, and with undoubted credit, got into debt with every body, as he literally has; and when that Bankrupt Act, which is the great revealer of society, comes into operation, he applies for the benefit of it; ana it ix then found that all his reputation for wealth was as ar- rant an humbug—as perfect gas—as great a bubble as the mind of man could imagine! It isthen found that while he has been passing in this community for a man worthy of credit, and who on that credit got into debt with every body, from one dollar to ten thousand, is, in point of fact, a man altogether destitute of property, excepting al- ways his gold mines in North Carolina, aud his Galveston Land Stock, which could probably havebeen hought two years ago at sixpence acart-load ! (Laughter) Now, I say that Mr. Dey should have known better, when nothing was published here in relation to his schedule, but the truth, than to come into Court with euch a cha: unfortunate and dreaming speculator, whose brain had been manifestly turned by visions of gold mines and joint- stock companies, had succeeded in imposing on the pub- lic, it would have been bad enough, But when aman with grey hairs —of sobriety of coaduct—a solemn Chris- tain res man —bringing up his children in the nur- ture and admonition of the Lord—is found running into such extravagances, why it puts young, inexperienced men, crazy. And no wonder it should. And there can ity than by tell- h, and so shaming the devil—if there be shame inhim. And that is allthat Mr. Bennett has done in this case, as we will show you. And again, when upon the substance of this baseless thing—the ground of property, which is not property at all, and which no man in, bis senses would regard as property if he has caution—to get into debt with every body in the community, large and small, from the merchant down to the nurse that takes care of his children—trom the lumber merchant who builds a palace in Lafayette Place, to the joiner who makes his cradle—I think that no greater service can be done to the community than to let them know all this, 20 that when hereafter a man makes extraordinary pret sions to profitable speculation—to the possession Ar , 000, as he was represented not two months befere he be- came a bankrupt—the public will bee: will recollect that all isnot gold that g auch service been rendered by the press years ago, now been done in this publication, it is impossible to say how much of ruin, and misery, and beggary, it would have prevented among the honest, food, substantial men of business, who have been entirely prostrate! within st four or five years? Now, whatis the object of Mr. Bennett in this publication? What is it?’ He publishes a statement on the philosophy of this bankrupt act. He treats it as a great revealer of secret: process which turns men’s insides out and show! to the communi- ty. ‘This is his language—and this is surely a philosophi- cal inquiry. Hew long can a man who puteon a fair face—who years the semblance of a man of wealth—how long can heimpose on the credulity of the public, and ob: tain credit of which he is altogether unworthy? All this shows the operation of the human mind. It is indeed acuri- ous and philosophical subject of inqniry,and I dare say ma- ny of you have reflected on it heretofore. You have all seen sensible men indulging in visions of wealth, as baseless indeed, as the airy fabrics of our dreams. No doubt some of you may nave caught yourselves in these reveries, 1 know [can answer for myself that I have. Now! think such a publication as this is admirably adapted to make men more cautious. In regard to the references to the “New Jerusalem stock,” and some other expressions in the publication, I know they are not in accordance with the taste of many, and indeed they are not with mine, but there are very wide differences of opinion on these points. But whether Mr. Bennett was prudent or uot in making use of these expressions, isnot the question. This is not an indictment for a libel on religion or pnblic mo- rals, of on those things which most people would regard as too sacred for admission in this way into the colum of a newspaper. 1 call on you to dismiss all such consi- darations from your minds. Hagyhe slandered, ridi- onled, liballed Anthony Dey? That is the question. And lot me say that however serviceable Mr. Dey may have found his religion heretolor nabling him’to get into debt with every body, yet ie will find that now he cansot invoke your religious feclings to hel; him out with this in dietment, b Mr. Bennett may have spoken not e reverently assome of you might haye done. Mr. Dey cannot put that closk onhim here. Heishere in his own colors. He is to be tried by himself, and L apprehend that you will dismiss sll religions considerations from your vinds. I say that so faras relates to Anthony Dey, Mr Bonnett has published nothing but the truth. He has gone nto the philosophy of the Bankrupt Act-—he hes shown how complete a humbug, how perfect a bubble a man may he and yet pose thromak ‘the community with credit that enables him to getinto debt with every body. There is not, wT ¥aid, an unkind word in the whole publication. He wishes thut Mr, Dey “may read his title clear to mansions lersey; and we shall prove thet he was in debt for psalms, (a laugh)—that he had a large number of prayer books and bibles, and all the perameernaite ofa h continues]—* We attach no country has been suffering since 1830, in our paper of this day vered a lecture some time since, dt the Tabernacle on the subject of Texas.” He will go into the sub- jeet he has chosen—intolerance—with a perfect rush, was never better than now. sleigh improve it, and dash ahead at a great inthe skies.” Well, to wish aman in heaven Is sureiy no tmp harm; whatever you may think of the propriety ‘of the as; ee newer. lam certain that Mr. Bennett had no ill-will to Mr. 'y. As to the ideaof ex- torting money from Mr, Dey—Good God! I should think that would be the very last thing a man would think of after looking at his schedule! (laughter.) 1 know that there have been insinuations about “ black mail,” and all that. But I believe it is now retty gene- rally fees bv all this originated with editors and oth- ers who en envious of that prosperity and success which Mr. Bennett’s enterprise, industry Ms: ability have secured. Mr. Bennett may have his imperfections. That he has his enemies we all know. But he is now before you as ajury, and he is to be tried as any other individu. al. He is to"have allvhis rights. Let us, then, try this libel on Anthony Dey, and nothing else. ‘Irrespective of the wishes of his friends or enemies, let Mr, Bennett be fairly tried for the alleged offence, and for it alone. We shall see whether he has done any thing more than what yA other editor could havedone without peing noticed, at least so far as judicial investigation is concerned. Mr. Jonpaw here concluded his opening, havin; spoken, about three quarters of an hour, and the court adjourned till this day at the usual hour. The ceurt room was excessively crowded. Mr. Dey ‘was present, and, strange tosay, hke Uncle Johnin the Oe psig Family, looked quite comfortable and perfectly ease. SS BY. THE SOUTHERN MAIL. {rj At the time our paper went to press, the southern mail had not arrived. — City Intelligence. Case or Ricumonp Woopuut... —This gentleman, who was charged by George W. Miller, of Tatter- sails’, Broadway, on Saturday last, with forging his check for $500, which was discounted by Mr. Hicks. ot Wall street, voluntarily appeared at the police office yesterday, attended by his counsel, E. M. Peck, Esq. He stated, upon his exami ation, that the note was genuine, and had been given to him by Miller for the purpose of preventing an expose of certain transactions relative to his business. The signature Mr. Miller does not deny, but he asserts that he never gave the note. Woodhull was ad- mitted to bail, and alleges that he will be able to show most conclusively that he received the note from Miller as a genuine one. This is a very strange transaction, and the expose is looked for with great interest by those concerned inthe art and mystery of the business. Fa , Tue Fares woutp wave it so.—A few weeks since, a fellow named Thomas Doran escaped from Blackwell’s Island, where he had been covfined for larceny, and ina few days afterwards was re- arrested on another charge, and {fully committed for trial in the City Prison. An attempt was made by. two persons, representing themselves as members of the Court of Sessions, to obtain his release by appli- cation to a judge witha copy of the commitment ; but deputy keeper Homan, awake to the interests af the community, wrote upon the copy of thecom- mitment, “escaped from Blackwell’s Island, aid four months to serve.” The judge very properly re- fused to grant bail, and Tom was set down for tnal in the Court of Special Sessions yesterday morning. {n the return Mr. Homan again eaierer the omi- nous words, “escaped from Blackwell’s Island,” &c., and Doran finding that all attempts at eseape by any legal means were fruitless, took advantage ef the carelessness of the bevy of. ae officers at- tached to the Sessions, and walked out of the court recom, hat in hand, as though he had never been brougut into it by force of law. This is an offset to the two recent ezcapes from the City Prison, andis another evidence of the lack of attention to the du- ties of the court, as undertaken to be performed by the officers attached to it, Tue Preventive Pouice.—While perambulating the streets of our city ata late hour last evening, we were accosted by those indefatigables, John H Lowe, Francis F. Smith, Barber, and Drinker, who have been recently organized ‘into a first district night police, under the immediate jurisdiction of Justice Matseil, the energetic officer. This is a good movement, and has already been productive of much good. It should be increased by a larger number of officers.g different squads. Musicat.—Sigaor } apetti intends to give agrand concert next week: “He will be assisted by eminent talenc. Madame Sutton and Signor De Begnis returned yesterday from Albany. They gave two concerts in Albany, and one in Troy, all of which were well attended by the fashionable circles of both these cities. fxg- Con. S. Perry, whose advertisement appears is not the same who delis A Beavtirut Print.—Colman, 203 Broadway, has published a very beautiful lithotint of U. S.sloop of war Hornet, at the low price of $1 . Mai. From ALBany.—Pomeroy & Co. came in yesterday from Albany, via the Housatonic railroad, with papers from that city ef Monday. This road is now open, and the trains go through to Albany without any detention. Sur Launca.—To-morrow afternoon at a quarter past three o'clock the great packet ship Montezuma will be launched. Stxreuinc.—The sleighing throughout the city All who-can obtain a rate. The weather is beautiful. From ALnany.—We are indebted to Pullen und Copp, for Albany papers of Saturday evening. No appointments mentioned. James G. Bennett, Esi SIR :— Many of your subscribers, residents. of the Ninth ward, are seriously inconvenienced by not receivii your valuable oe at their houses beforg 8} a sometimes 9 o’clock in the morning; now as busi- ness men cannot wait at their homes and neglect their business to wait for the paper, they consequently do notsee it until Cate ‘The Sun paper is deliver- ed in the same neighberhood by 7 o'clock by their carrier, and why is the Herald carrier 80 dilatory, “Can you inform me?” Yours respectfully, A Ninrat Warp Svuascrmer. Answer.—The Herald carrier tor the Ninth ward is requested to reform his practice, or we shall have to reform bim.—-Ed. Herald. Wsucr’s Orymric Circus —The public should bear in mind, that this wonderful establishment has but a few weeks more to remain in this city, and all who have not yet enjoyed an evening of social, rare and instructive entertainment here, should not ne- glect the earliest opportunity of doing so. The magnificent pantomime of the ‘ Devouring Ogre,” improves with every representation, and continues to elicit the most unequivocal tokens of approbation from crowded and fashionable audiences—it is be- yond question, the most gorgeous, novel and amu- sing affair ever produced in this city. Cuatnam Turatre.—A very attractive bill is pre- sented for thisevening. The beautiful play of the “Orphan of Geneva,” is announced, with a very excellent cast—Mr. Thorne sustains the part of Carwin, in which character he is almost without a tival; Miss Mary Duff, a superior actress and an exemplary woman, appears as Therese. The thrilling drama ot the “Robber of the Rhine,” with other attractions, present an uncommonly en- tertaining bill, and will undoubtedly secure a full house, The entertainments offered at this estab- lishment are infinitely supegior to those presented at any other theatre in the city, and the prices of ad- mission being much cheaper than at any other place of amusement, it is nightly thronged to excess by orderly and respectable citizens. . 0G-Tho beautiful Do-hum-me, bride of the young Ir,ya chief, Cow-pick-ke, though she bas an odd way of orm. menting her husband, and painting herself with re, ochr, is yet so beautiful, amiable, and modest, as to create powerful sensation, and one deeper often, the n mere c- riosity. Theniece of Black Hawk is also & “very interes ing creature. They speak not a word of English, bu, talk nature’s own language with their bright expressive . Never have we seen 0 noble a group of chiefs and warriors—and perhaps it is the last that may ever visit us. 0G- VELPEAU'S LECTURES.—-The following is he manner in which the celebrated Velpeau, of the hos. pital of La Charitie, speaks of his unrivalled remedies for *he cure of gonorrhen.—* In this way I have tised an in. mense number of cases, in whom every bther species of treatment had been tried without succes elpean’s Pills are now sold exclumvely in this country, by autho. city af the College of Medicine and Pharmacyof the city of New York, at their principal office and consulting rooms, 97 Nassau street. Price One Dollar per box. W. 8. RICHARDSON, Agent.