The New York Herald Newspaper, November 12, 1849, Page 6

errr Superior Court. Before )udge Sandford. "WEE RIGHTS OF THE PUKLIC PRESS—THE RIGHTS OF EDITORS AND REPOKTERS. Simon P. Huff vs James Gordon Bennett. — This “ease was one ip pa oo eee sot oe damages, for jone vo bim by the ni iellecticas tu the New York Herald of the Soe jovember and the 24 of Decumber, 1848. The ‘trial cecupied four days. nud resulted in # disagree- ment of the jury, who, after an absence of about two hours, came into Court and declared that wasno segaport of their agreeing upon a verdict, following are the» Ivqed libels ;— THE LIBEL. COURT OF r e 3. Before the Recorder snd \iderman Franklin and Stevens, Deo 1—4 Hard Case 4 respectable looking wo- ‘man, named Catharine Boyle was this morning placed at the bar, charged with having stolen $14 from one ridget Couway. of No 67) herry street The asouser 4 that ibe accased bad snatched the money from her han}, and thar it gold coin. The pearance of the person ascured did not indicate joter that would Fioop to xueh means for the im- rovement of her store of «ealth and she begged the Sourt to allow her time ‘o -end for witnesses, Shi stated that ube was m sirancer in this elty, thet che cow!d show that hor character was above any imputation cf this kind While the case wes pending, Mr. Hoff stepped up and informed one of the jadges the prircner bad been betore the court before. Huff vas formerly a orier of this court, his word ‘was taken, and the judges evideatly thought that they ‘had an cld otlender betire them. “At length the wit- esses for the delenee arrived and videnoe to prove that Mrse Boyle was « respect: person, and of money of her own; that sho had @ larg amount of gold ecin, simiine to that alleged to have been taken from the complsinant; and last of all the daughter of the accured wus culled to testify. She stated that ber mother had only been in tho country about six weeks; that she was on ber way foom Liver- to New Orleans. and hau paid ber passage to the tter city. Mr. Huff usaty orvn appealed to, persieted in his deciaraticn that the d had beew before the eourt before; and on this declaration beivg made, th Court reptenced ber to imy:t-oumentia the city pi fer the term of 50 deys. Oo hearimg ber mother 6 tence, the daughter, a yeuug xirl, perhaps 16 years of Popeyes tu leave the room bat had only got out- ide the door, when rhe, uropped pertvotty invensible ‘The indignity cart upon her mother quite overcsm> her, and she found it imposible to bear up under the severe stroke. She was @ stranger, the money found ‘upon the person of her mother was claimed by the ac- using party. (who resides at 67 Cherry street). and on eopviction Of the eseused. given up to the officer for ‘the benefit of Mrs Convay of means, the daughter was alike destitute, and had ne where to look for necessary tood. until some kind friends offered ber their aid “On application to the female hig oeapeni of the city prison, it was found that Mrs boyle was an entire atronger there; none of the old cflcers ever recoliveted seeing her before; Mr. Huff wes the eniy wan that could recollect her, It was evident, im tact and proven by @ carefal investigation wut of court. that Mr. Huff was mistaken; andit the court renteneed \ rs, Boy!» to the city prison Decaure Huff raid“ she wasup here before,” they bi done great Wien to her = (Quite & vember of symp: thiting friends clustered aroara the girl prof hs. wpeation of law was, uawiliiog Wo test it Would rather that atatre accurer sheald i unwhipped of justice than to yeuture farther in her mee cf legal affaire. ‘We Inencat Bait give in our police intetiig: euthentic report of the iaets ia the hielory of the re- eent very extreordivary case of Alege: bil, which was authorised Lecerder Scott, under tae advice of eouneel, Coe day leet werk © It will be reew by this report, that, s¢ soon a4 no- tice was called to the subject im the pibiisjouraale the Recorder tock vccasion to wake a statement of the circumstances vader which be accepted bal and per- mers to ereape-ia a @anaes which, Dy nO means jusiities so Bigh aa offlcer as the or taker away ail blame from hit in the case stands. ‘The judge of a high eriminal court ure au wxpressive but ordifiary term, at his tnyer eod:;” por should he be Reeonprn Scort.—“We u very falland wepder the nrerrrity of taking legal ade ov wellas@ statement of facts. from counset.on may occasion But certainly, one of the strangeet things 1s. (hat Recorder Scott, at that particular juvecture should, vader any ctroumstences. have forgotten (he exiclence of the sta tute preseribing the levai proceuings iu ruch cases; er that such ep important aed wclive priceipl+ of law should have be eu obliterated by (he eioq ur ne of learn ed counsel or any thing ise trom the mind of So © epected and iucepere pubiie tuactiouury ws I @order Scwit cialis to be “ Phe Recorder however in giving an explanation, places the stre:y ct the policy ke pursued. oa thw ade vice of the cor vret epgnurd ta the © This counsel, by the came of Hull and who ap. ou ie this pa can, a logal Advirer, Dot cvly of Ube tee po. + impbeated, bat Of his Hovor the Recorder Sow, the qartioa arises at once, whois Mr fiutl wad how did Le exercise each tensive functions as legal adviser. mot ouly bo the 4. but wiso to the Recorder bunself, oa the occasion of giving und (sking illegal bail ia this cane? © On inquiring into the history of Mr. Muff, we fod thet that cirtingui bed wav bes made a gremt deal of noise inthe world. om former vceastoas. His debut im Mfe wo bave not secertaiued ; but his profereion, fur many years, was crivrty the old Mating Court da which Heccrder Seoit sates«ue of the dicponsecs of juetice, In that capacity Mr. iuft bas made consid Treble nolee, 6t ) Beocrding to law. giving notes to the lawyers that the court ing the end haferr wih p would keep stil) aud quiet Oa ott to the Hecordersmip, by wa mp, him through th ix @iale troverm and for the por, it I raid. efmaking J Buren Attorne, Ceurral of ferred bis talents and wey Court to the Uourt of Sesrt to the reepopritic oMice OL LODOr and trust Up bs he Qiled wich t time ¢ Was gumit ® tthe courts, and, iberefore abaue ghiy respons 4 of thet 4 nad lowing our ged toa persica ramed, ant wien we « Aiteratem > Mr D Crosman PY, werbatin et Bir A Claim en placed ta my bands net you tur evtleesion yo ewll my aod iio fame mud eave Cost, my the efiee is in ark with the ‘man, but there was » foreman on each fleer, who rected what was to be done. ; int iting; | o almost ewry paper there. wows is stonsible owner ad proprietor ? Objected to. Feat is the owner and director? ad newer that; | could mot sey pesitively fevald is reputed to be {egued from the corner of Nassa Fulten streets; I never bought or sold any; | have gone in an@ taken up copies from there; when Bennett is there, | do not know that he occupies any room; | have seen him inthe editors’ room; | may bave seen him write there; { have heard bim give directions; | have econ him read proof sheets; J and eo for Benactt in some things; | have done business professionally for aimost ein that yl ot had any eon Von ip regard tothe Herald; Ih been ia the room o ner of Fuiton awd Nassau once or twiee; | think | hat seem him write there; I asked him a question; | went te see him; | asked him if » person named Harris was working for bim on his inéividual account; he said yes; it was fer carpenter work; it was in the moath of June, 1948; | bave read the //erald ten or twelve years; it is te- vued from the vorner of Fulton amd Nassau; | have got it there, and have seen numbers of persous purchase it; 1 d@ rot Buow who eomducts the Herald. (Being shown « paper)—[s that the form of the paper? (Objreted to) Wirsrse-1 do not recollect seeing Bennett's name on the builéing. Q-- Ie that the form of the paper you bought at the Herald building! (Objected to as mot ovmpetens eri- dence. ¥ ae _1 judge from the appearance of the paper that it in that issues from the Herald baliding. ‘To the ¢ 1 have @ great number ef those I bought. Cree befor Avraro E. Baxen, fer plaintiff’ —I know Bennett, Q—ie he the publisher of the New York Herald? A--I presume be ix (Deing shown paper) says: [eam- not tell whether this is # paper istued from his office, ora paper of like import; | do mot Know; [ am em- ployed at that office as reporter and was on the Z¥ch Now Yorber, 168; | bave been econnceted with it for several ours. 1s shat paper of the type and press of the Herald, published by Kennett? (Objected to es not competent, and leading ) Q.—What are the type and form of paper presented ? Ie it similar to the Heruid, or like it? (Objected to as hot eoupetent ) A.—I should think it was. Q— Is there apy other paper of the like form, in press or type tseued in this city, of that date! (Ubjeetwd to nt) suppose there was. uy other paper purporting ud to) i have reon like ud form, Q.—De you koow of any other payer called the New York Ji purporting to be issued 10 his oityf (Objected to wa mot competent ) A—No, sir Q —Siuee you have been connected with the paper, what bas been the caption of the paper issuvd trom that building ? (Objected to, a4 calling for the contents of the paper, without producing ts) Al have seen Mr Benuett; | havo seen hin writ- ing: 1b: ‘ wy desk amined.—1 never saw this partieular paper © seen him there se tho oonducter of the paper; en the wvik of November lust, | was one of the reporters of Unst paper. Q Inthe articly, beaded “The Illegal Bail of Re- corder Scott,” and, miso, the illegal bart cave under the head of * Polise Intelligence,” papers that you ob- tolved from the pulice cifice for the éieraid, ws the re- porter? eee pelleve [reported something of that kind feom the police olfles. under the police heat Q The article beaded * IHegal Bali before Reoorder Seett did you give the inf cuted, to the Heraid office? (VU A—1eh i wuateate Infor- mation of that Kind jen suspended ) Jou Ha orn—| am @ printer, | Know dof dant; bave worked at the oflice of the !eraid; | always underetcod Mr, Peunett to be proprietor, (Defence objected io the anowe Q Are you acquai r) nied with the type, caption, im- pres and form? (Chjected to as not eompetent) Ai am. deen to the babit of taking an a be Lerald otto ur Beuness, f bir. reading it four or Ore y ed his presses ty du ba: mi of the buildiog; tae firrold was primted ther (. —I4 thet the form and type of the New Yark Mereld printed on thore presses! (Odjected to, on the ground that wituessis notshown to bave bewu acquainied at the time 18 purports to be com potent ) some Fe which Tracogniee a privter ign uy jerald Building, Ja Gordon Bennett,” | wade application to tar foremea of the prose room, and be reter uett, aad then i addreseed him; | huve reading this peper whatever, | au: ® printer, aud kaow moss other papers. ‘Q.- Is thare any other paper of the form. eaption, de clara) ion of proprietorehip, of this copy, prtucud iu tule eit: (Ubdjected to as leading and incompetent ) Joux B. Score sworn—| was Reoordor of this elty I tok t topp (uence of this abusive article. vonined — do Teeoliect now, distinetly, | tens © i think it emiae; | {it was left. e W. Sreruens ewern—I take the [eraid, and nnd ® bait ye Gror Dove fur thiee neva. vow E ja cm; tine ribed for te in 1% bas deve 1 subsertbed ab (he offive, a atrects, alton pat wu tmp ne New Vork Herald itaetr, such as you read aud ip wer oyou? Objectol to as net wompotent (Overrated ) it is similar to one served to me wt that time > you know avy dilleronce bubwwon the rh 145 your band aod the eae you read ile headed “ 1! ted to, om the vg should be i ‘ A ‘ ed) corde (Heeurd , ae) ss eal pedis nes New York april $th boas Te : “Prom this nore, it will be perveived that Mr Ta article under date of 2d December, the legul edviser of Recorder se Ulin the cae he eys he bas no & ection of eering that be A} # HO partioulac regard to (b {think it fs necessary word on tie charac Recorder Seti. or « Hany eopy of tbe Herait rd. 149 the eae iwiprosssion the Hrereid office? id, and excepied ) 1s th 7 if tie of act before. 5 mowey there dir aod & person calle pre we Woes iy sari ae Hi aie kbor ot wine; I extremely sorry f lie chbor ot mine; for peeriy ¢ aud have w A sinoe Nay we intecest ikem, than noticing rhe? man Were romeenbitiiens d sing (he reoent reeulted tn rue 4 ye remendeus majo it dor Sott. and in favor ol Me laine @ impreasion, ity the opinion of any iu Repard Recerder Thr poop © geod nd We may, however, torget. the vhule sevens ones. (Paper attacks Ou the charseee ut et Talla That is the Herald, frou warrowly into ticir ewece, provided t will be particular to presewt tuia ease of | +r enw either of those partiou- the Grand Jury. ride by ride #tih fone before to my kaowrdge " An toe cted to, om the grqund Wea Heation bas be a | ali ineisb apom thie fr plaintiff opened hie aod called Lee 1. Hannes, who, being worn, textifed as fol lows :—Lan:m bowre carpenter and do business at 87 Abn street; | know er Ben i have worked in t, for ebout five years; | bave done last bill war £620, over $100) worth of work in the wh Jvever hard Ueonett dirvot about editing the paper. cowporitiou, or printing; | have seen Der cett in the editor's re eoveral tiaee he war away in burepe part of the time, | hy the newerpaper at that butiding; itis publiahe Q=—Wh a ar? (Objeeted to.) uy uawe up. iu the paper? yet bs prow ule paper in Witness * heod sod wrke te that the peper tint wr Beourtt pulitenes! ig Wp v4 be paper)—'t raya this i Herald polis: ied by James Gordo deanet imal taapeersion, ames Gordou Jeane't, Have you seem any other form of paper than fst (Objector to, and reled out ) riget Q—le there e that off to), Ia thie the dany & A we 1 have be fourteen yrnre uot go read the pe) or ever rine im the room wp r maw Bennet!, jy the editor's Dress-examired — the ch | did as carpent wes Gone ov (he bulidieg corwer or Fulton ond Nace a4 streets; it ae done for (he perrom that f eupposed to be the owner of the builal I peverea® Mr Bennett eel @ mewrpaper (here. o Vork lem ue © bwidieg where | A wot of ) k In the pape or under bh i i v a Overruled tod reste de tence wplant, om the ground thet there is eifon to varrent the rubiaiston ef the eave to ur 5 Motion overruied, aad defesdant excepts Mr Sanprenn, of counsel for defence, opened the cave for the defence Cowmeel fur piaiaill offers to reed Judge Ldmonde . a a Defence —1 prepared the re oe prevent @t the baile ot papers there; th Con nant originals here offered to read the orig! Piel vtifl hjreted, om the ground that ttt the |ibel. aid not to be introduced to tdeutity Tuled, eva complain tacr duced Wirsew.—| know the rignstore of Justice Lothrop; that te hie; the body of the compiaiat is io the haud- w f et, Clerk of f Over. ot Uh at is the paper he copled and the oi Recorder witness ognizane tetely, om when the girlie were; I fee abd ek Jret end said the tore the tures te copied Uem there, vewssion Q— From whom did you get fuformati it trom Justice Lothen ae Liv outme tate the poll yibrow to step into the Se«xious, wished to ree hig that was bs» yites Court; the «gma pot fal) noder cboervat +P, UBL the proofs were read; eometl aves the proofs mi 4 in the eaitorial rooms; five or ei ace to Mr. hudeon; therein theese rooms, | do not haow w hick of th or pet; I ded & paper to Hadson it | pered the coman y on it wee the te!) man a this copy before: | do * was present when the examination 1) Copy that purp ted to the oe; | tare it from genera! etyle of the ps take i) (oom She style from the type; | do not des the ty pe; Bee vt aa mn eithout s ee 8 oe none oAbrap, it took place in took place be! bat took place in the Seas pe them more th y otber reporter; | eanwot ray how Jong after it cloned: it may bave been bulf an hour or aa hour, the papers ere ie custody of the clerk of the court, | bare no knowledge who wrote “Iiegal Bail Case,” | did not coe it written, | did not eee the mana soript of proof of it, | banded my report im during the of wy owa kuow- | ; i did not notice | contaim | v |e day: the warrant from Justice Lothrop; | went to the house where the girle were, with officer Crosset; they tuot about three hours to get ready, they could g broughe sh Lothrop wae there when they were brought tu the ‘Tombs ; Justice Uy hyd me efter the arrest of these girls; | next caw the girls at the time they were bailed by Justice Lothrop; they were not exsmined thet night, fo ag knowledge ; Haff came to with one of them, and had been waiting for them; | first naw Hveff om the trout stoop at the time we brought the girls up; Dr. Crossman was not there ; 1 ain not certain thas he was there tay how into prison ; the interlinestion isin the bandwring of ; Justice Lothrop told me he had issued a warrant and put it in the hands of officer Davis. before he iseued this; { heard be had the warrant aud could not find the parties ; | saw saw the magistrate fll oat the warrant to me; Davie wi in Officer there; it was the magistrate’s preponitiea that | should be the party te make the arrest ; | had oot been a party to aayepro- ceedings before ; | could not fix che time of information of complaint ; I got it prior to issuing of warcant; it might have been some days previous ApkaHaM D, Russect called and eworn—I am attor- bey aud couprellor at law, anu b been twenty one years; | kuew Mr. Huff when crier of rine Court. Bx or eight years ego; Jobo B. Scott, Sealetfelin sad Hammoud Were justices of that eourt; Hutt coatiaued FeVeral years, UDI Scott was apvointed Kecordwr and Was thed Bppointed Crier of the Srestonsof which 3eott was presiding jude ; he eontinued till the uew code went tubo eff et, abolishing the office, and then he con tinued cometine atier ; his general duties were to open court by proclamation. and close 16, and presecve ai lence; | beve sewo him iu the performance of his duties; the audiences at the Marine Court sad Sessions were ncisy. and fait made # noise to tuake them keep silent ; he practised at the Sesrtons; | feequently saw bim get up and spoak to the Court ine whisper tu casos that he was mot engaged 10; | was in court when the Boyle care wae trivd ; | think Huff was there, I did not hear bim make any statement; my atten iom was not particularly directed to it; | bave seen Huff wrive and belicve this letior was written by him (Otfered to ; mined—Being shown paper, eaya It looks more Like his (Huff's) # handwriting ; ruff aved wo take notes of all the trials at the Sessious in a Dove. have seen him write frequentty; | dy wot reootiec’ teeing him write anywhere else; | bave stood over hun many times when writivg in tha books [ do not re ealeot seeing him weite Lis woniw, [Letiwr read | Mr D Crossuea Sir AC isin has been placed iu my banda against you for euityetion you please cali wy oi d aittie the sue ant sare cost, wy the office 1) in ark with the A Recorder (iecorders office) Yours, &o sr Hus? ow York april Sth In48 peorm~1 rk of the C havea dische ge of . granted by K corder Sectt (Dikcha ge produced) Wituwss kaows the tigvature to it ani to therecoyutzanee of lvoorder Beote. Cross-exomined —It was night after I Le not locked up till afer | Lett, | left be tix o'clock; the discharge tied my eel Blesky Vancxuvoon, sworn —! am clork of General Serrious tince Sey, 141; | know Stuou P Hull, he was appolnied crier; tt eas after Soot was appotuted Kecorder, be continue t tii the end of siarch tert 1843, the Jaw me tben; he practined as eouns in one or t jt tharine Boy) 3 they wen five aad 1 ir Hutt was ther ther Catharine Boyle tad peeu there before; tere was an answer given; Tat said he briteved she had been there, or that she had bera there bet teamn ot re member if the remark Was wade more than oucs (in- Cietment against the Martios produ end excluded) wamuned.— sir Hutt was © ous ator 33088 ere; 1 believe hy kept « oieworaudua of tne cases there, be did ail tne time he was there tried December Jan fomue times Officers are wked it they kaow prisoners; af LT know the fast aud wm soriain of it i state it, the general Guestien wos arid; | ennnot wey Whied of Law Judges meked it; the WKeourder tur bead to dutt Bud erked him if he reo: convieled, and reatenced ty tre the City Prisem; If as pris laroe show; Aufl eaid either she baa been there before or that he briteved she be paid he Anew ber; he eswe in oud took » seat end (hen came in aud anewered livil got pointed e here was no duty at term, IM8; De Wace petore erie, be acted om the tral oft veult'and bet 1 cannot di other Adjobrned to Germans euly remesmbor May "yi October, SECOND DAY. Jexesian Lorinor swore for defenes--W tho pritce sungistraton of (uty city. 1a Nowe stationed at ihe Halls of Justion ; 1 knew be died on the 6th of sugust lant, was with Bum « time be died ; the eompiaiut was wear by De trons Detore me, and ewer we by bum; | inured & fareeyt De, Cowman; vhs the emo Gay that the warreul was given to Devis.u police offices ; it w 4, Davis he could poe One che gicle; Dad epeni a deal of time ; [issued @ au days trom the tia bi fain whetber tt came tr he Lad beem ove of the witioers Dut whether he wasro att he wae @ poltes offieer; th eoire Lavin did net ware the & kept out of the way; the gtri Warren Bud brought before we were both the aitert nm about five ia at bat ber was prop fewnt, avd bret bret ight, Huff ieciined ; tin, that cid me be waived too it wee not mitted to dail ; t being deeiivd suit Kuow the Daly Mr nid apply bo the Ke ied by bi them to the om the Kee Lhe ensthe le take buil Piegeity, thet t dim tu th thatthe bau bed net beew | to the Police Court room atte } PLERTION Rede to me » tnhe ther exas tha wae not present, preety there; bail whe taken te Gey, Me Kaker questioned me; | ested took place, aud wre t eievedt be unde beats OF, Gud Spoke the fren ted in Philadelphia, aad ews boro} be lett Vaine somes h New York, attended p deipbia. ood rewetmed there ten ort went to Lurepe, sed trailed fn tite ce ite coriain whether he wemt to N coming to New Lork be visite ne time; for the inet three y houre with bim; there wae meivil suic brought after at, ae Dr, Crosman told ae, Q.- Have you told anybody that you advived Dr Cromman? (Exeluded ) the doctor to commence suit? joned it to meio whet complaints are made, a0 warrante are en eut, he bee pe ediwiest a to the dete: be con ree the pigeon holes; Croswet wae tn the potion court; we have eight cfleers, and be te one of thew over Race he girls by right, Crosset did mot | requested nim to 40 With the offer; | think (tort did aot know them; think er «there the day the second warrant hot poritiveofit (Daplioate war it t+ directs to Altred FE Baker, not ® poliow 1 think f set; Hieker went with bim, | directed it to Faker bee he Ene © but that Crosset & by wight; (do wotl ne Baker; net De two; the article headed © Ileal » versation about with Baker, | think the report was right, | think [mw him next dey, | do whether we bad any conversition next day on ti Jeet of this ar’ are bound. by the law, yariies any aiid ', for the the living House. and hed lodein ing; be withentes wore examined shen the girls wore committed temporarily, | lxed $900 a4 the amount of deroribing the offences charged juat them; the affi- davit is interlined im m; handwriting; time; Mr. Stewart drew it out it was made at the re bred of Dr, Croreman; | saw them once or twice before judge ——. yee W. Nites sworn, —I am an attorney at le: when | first ki tell in what capacity he ity ef crier; he had to the character of audi- Judge Scott was one of new bim I caunot im im th wes; | knew bi eboen was m justices @ portion of the time; he was there se ous; 6; he was at the Sessions as crivr; when Recorder Neott was eppointed Recorder, he was crier, or bad ome office. MartHew Ancann éworn,—I am an attorney at law, ‘aud practiae in this city; I was in the Court of Special Seestons when the charge was made against Catharine jas counsel; after evid: staced e was @ reepectable wom: st was not stated im answer to any quesiien put by the Court, but was ® voluntary statement, | then stated | would prove my statement by witnesses; | was stand- ing outride the railing, and (Huff was inside; aod tiuft stated tome that | was misiakev, and that she had been there betore, and thas | hed better not persist in my ftutement to the Court; I replied to Huff thar my client bad so informed me, end that | was bound to pertevere for her; Huff stated ubet | was wrong aad ho i In the me me her daughter came into witness; after hearing the duughter’s tevtimony, the Court again appealed to Mr iiuf, and be raid ke could mot be wistaken; she had been there before; | requeeted a further postponement to get furtber witnesses; the Court, in the meantime. advised together, aod rept her for thirty days to the ity Prison; the girt testified that she was here a snort tiwe aud was on her way from Liverpool to New Or- leaus, [Ccungel bere offered to prove that the scone took place outside of the court room | Wirwxss—None but Mir. Haff pretended to recognise her; Hutf was there asan adviser to the Court, and should take bis seat inside the railing; | aw sure the Reocrder was there. Q.--Did you wake any investigation out of court, as to the fact whether Mr, Hull was, or was not, mistaken? A.—Yes Q.— Will you state what it was? A— uired of Misa Foster, the matron of the pri son, if m ber, (mre Boyle) befure? if the had been in prison? She stated she bad not, | asked seine of the officers; | lort sight of ber altogecher, after the was disebarged; | do not know what became of the hter; 1 think she stated her motuer had been here eight or ten days ‘Cross exomined —1 am atterney-at-law, sod station myrelf wherever Lean got business; | was counsel for ihe women; | was exgaged the day previous; she was accused of Btealing pli or $15; I epend a good deal of my tine at the Poribs; the o and another woman stated that she (Sirw Boyle) had someled mo- bey tem her a6 Cherey rtrees, in guld, ‘hiuk rhe stated, whic y the Clber woman suid she wee pr sed ity i mtroduced the only witness { had, the daugbter, an to how jong the mother Led been here; aad ratro- ouced Ler Wo prove my statement, thas she was o stranger; [think Aud did wot hold « puty sheriff; he was crivr; he sas iunide tue railiog when (bis Womau Was tried whece Diss, Atloruey usuntly sits at the right band desk, used t# ccoupy thas seat when be vaserier, the Court asked [fulf it Re was miscateon; ewed the wowed, aud said ne faw Une woman before; | au poritive <d his first statement; | waa stending outside the raiieg; | made my statement, i etepped up to me aod raid | was mistaken: all in Lwenty minutes; there way a runuing time £ two yoare ba the hes bron there for yewrs, ( read the slate ou the folowing moruing: it 14 @ correct state. ot what eccurred; | was well pleased Wo nee t6; do not know who wrote it. of ive minutes, | Knew the gratron abo fore thal men Banny © ro—{ am a lawyer and counsel ot Corporation, | know Simon & tiuif, he base olain 70, for services, auwiost the sity, trom Marsh. the winter of 1845; | believe there is @ claim pending before the Board of Supervisors ©. Pat en eworn— ams reporter; In December, 1648, | was exnployed for the New 4 ork ileratd, my du- ings, | at tet Were Varied at that time; among ether th tended thet c of December, 1848, when Cathariue Boyle prepared s report of what ccourred ov Lua ue utterwards pabli-hed tn the feral Del, a Vee, emys it isthe report;) it ebenged in any word tiuce, that { caw hott, the ¢ was ud the testimony had been contieting the josges seemed to be a: @ lov, eve they recalled witneres to get tertimony asoarat seemed wt a lore; Huff was eitting in ony of the jaror's venia; be went to t Ideraine sitting on the ieft of the Heeorder. and apoeared to make soci comtmuantos- tion; Ald. Stevens then turned to other members of the Court end made some oom wuniration te j ate ter come short consultation. he arked Vander Foort question inaudible to me, vpom which Vandervoort ad dremed Hutt: "You my you recollect this wow Jott recollect that she bas bews here before!” | Yery confidently raid, “On yes? | stom ludicuting that ebe bod be HT | couruitation; | donot know but some m | rome tertimony for « wtier that complaineat s withers was rather voc ws apd divorderly, aud L | think a little intoxicated; Court had xoothet cousuitn- tiog, and pally pated (le sontenen; {heard the mony of the eanix weeks by came tp and ed; she mentioned the ela y Wrought. aud rtate rleston 1 knew of an bof excit s began te eo made the « eof theic Inading ated whether sie had been ch ove Feild NO; Rud seme added te was ued «thing should bave been said: =p a om of tho city Prison. . to her 1 patehe reo wuteide +0, and a goed de # number of peree there be die the y c t bed momalios oF 111 wail in makin went an | dad, cramined —1 am vow reportl ruld, (Deve taken notes, twa + F did not take down ke. wal took the mene + fo cashier's ¢ t my money tr for aboutt are; y ot * guing en Vira Bo be feted what the gus b; | forget the ue Coark, Belwer ty. a Dera ere all that! recollect; w thet triel; Chey may pot have bee imall the él the trial getg On; F sprke to them abo bet Know who tain court during the know shere Mr Bennet bot think he ®as in tow phvont mort of the times deel 4 W. Srevess, sworn =! was an Alderman of ¢ ty in December, 1848; | wns prevent ae one of the Alocrmen on the triel of Catberine Boyle; [eat at the left Land of the Kecorder; [knew Hua by sight; {do O, Ror whether it was votumtee fated that ake was an old of 4 bem here before; | remembsr © the information; | eaonet tell the testior ot quite ee o. some fare rly fender, or th but che who whe ver Holt enee it pe before, and he ffirmative fed Recorder Soott was biting thers: be kept mieotes andso did [iv brief, I have not g them, | left cbem. Fro 4 Fowrra sworn —T am matron of the City Prison, ye been for four yeara—not longer than that; | reeoilect Cnt bering Boyle being fo the (ity Priron; she matron in 1846 there efe there in a month: we have forty, for y nd ae high ae ninety, persone who are arrested and deveined, and some put im the city privom wader sen. tenew Dvret veswmed ae con mitted— det Vogrants nt np the same day ed & very phort time alled — | have miantes of the con. , Deormber 1, 1848 —(reade from a pended tll Tues connsel on ave the original, dated December 1, 1844; | have none of the tertimony given only names of witnesses; Mary Doyle was sworn for the defence Crosmeram ned. —L remember speaking to Ilalt arking ether she bad heen there before: | do not keow her the question had bewn ssked by others before Ait; | think some member of the court meked (t before | put it; Leannot recollect whether he member of the court hefors he did snewer whether when | put the question, | think. tn alow Secet voles; shen he apoke to me I think he came in with a gentle man and cat in thejury reat at fret or it may hare hoon im the bar: it le my impression that he came from hi reat tome, he Inside the railing or cut; | cannoteey whether before he spoke to me, he held communica fom ome | ve ithe was | with the judges; 1 gunnet' may eataes Sennen ies or outside or inside; q in was asked by some member of the court, and | cannot remember what fret drew my attention to Huff; | caquot sey whether he ‘wee 6p to at first; atter the question had been epewered, be was appealed $0 posuealenty; 1 fad he detonded one German, instead of two Jonas Bo Prin. worn —l am Aasistant District Attorney, and bave been since 1443; | know Huff; 1 have sren him write; being shown a letter, says he be- Heves it to be his. the letter; fj orthography; | jud character of i ena cog Se and the orthography; | have Huff; recollect question arose as to b I remember it from the circumstances; Vandervoort asked Hoff reid be did, and that she bad been there bef! be said something to the Court; [thought she was a stranger there; he said the was an old offeuder; my re collection of faces is pretty good, Cross-cxamined —| wae standing alongside Huff, who was sitting inside the railing. where the District At- torney generally site; | recollect and going to speak to Alderman Stev py thing of this trial untilto-day; Mr. poke to me about hor being there before; | asked Oak- ley. aud two or three others, if they knew ber; the; said ne; Huff raid” an old offender;” 1 sald, Huff is mistaken,” Epwakp McKixuey sworn.—I am an attorney and counsellor of the Supreme Court, admitted Jangary 8, | 1849; examined on the 6th; I kKuow Huff; ho was ex- amined at the eame time that | was; he sat several per- fous from me: | beard the answers he gave. Offerred te show that Huff was not an attorney of the Supreme ourt, cr was attorvey of the Supreme Court, mod Was ex: date for adm attorney in that ceurt, term, 1549. (Objected to, overruled and excepted) Defendant rests Daniee Raspace eworn for plaintiff —I was a Justice | of the Marine Court for tive years; Huff was orier part of the time; be commenced about two years after | was appointed; bo was there when | left; his daties were to keep order, open and adjourn the Court; he soied as all other criers; Hammond, Sbhermau sad inyswif composed the Court during the last years of my term; th of May, 1838, wad lefcia 1843, T di ere the article hi fom the “illegal Bail Case,” 1 very seldom read the Herald, Cro eomined —1 have seen Huff write; (shown » ncn | reyes. it may be bis hand writing. but 1 think not; the niguafure iavors bis; Leould not say if it be bie cr net. Joun Davia, for plaintiff. sworn--I am a police offlcor, and have been since 1} 1 reeotlet # warrast ia Nov. 1848, vs. Martin girls, given to me by Justice Lothroy Q What were your proceedings t (Objeoted to ) Wriasas—1 have the origival wareant (produces It) ; it was given at the time of its date. luce Now , 18485 1 told bi that Crosman bad wade application to me be- fore that for errevt of Ube quils; | told hig be mast ma} application; it was pine months or # year before 1 told Judge Lothrop that the man had been robbed, and it was my duty to arrest; | looked for the parties ; i bad beew 9 their resideuce ninw mouths borore; I kiew where they resided; I did act make any com- wounication; | west to iook for the parties } they bad moved; | cannot ray the day; thay were brought 1m about night, about shu'tipg-up Ure; 1 was precy got the warrant a ked why | did not bring those tes tr auswered, | evuld pot Oud thea ut out of town; Lothrop ssked me if eod [told him i could met dad them, for plamtif, sworn — ve John Van Buroa was appointed At- war you # meuber of the Seuste! and exciuded.) did your duty cease as Senator? ISdt; [ was State Semstor from 1841 to the miantes of trislet Cath Boyis; | was t that time; Bridges Comway was the first there are short minutes (readr)—"Loat, two gold picers deiendont euapped them out of my baud”? 1 Det wu wll in relation to the charge; Macy Simpwon was Che next witness, whoesid,” | saw deieadeut take the money, William K. Kuowles found $6 60? 1 do not recokact avy thing but what! have taxea down; | have nothing Gown ss given by them; no discovery ow Dy Part of any incoxics‘ion; | dy nut rece lwot any thing of the kind; my impresticn ts thab Ahwara was there; | do not recollect; Abeara asked foc vuspoasiva jadgment. Q.— 1d Huff say anything to you? A~leanvetsay whether be epoke or said anything, or pot; it iv a Very commen thing to doit; migut or might pot: | do not reoulivet; 1 do aot recollect that I made apy inquiry Q—Wae Mr, Hoft's word taken there, or had her being en old offender or pot. ip the deotsion of the quertion of ber puilt. apy lofluence oa the judgment of tho court? (Cbjroted te as mot competent ) A.-it bad noton my judgment; ! cannot say as to the other ge uuiemen, Q — Dia you come to suy conclusion whether the wo- Bian war wo old Clender or Bet? (Ob; overruled and excepted ) A-i Q — Did any witners give evidence that she was a re- tubie person? She might tay if rufl was there ali the time or pm cUlect thal apy euepeneion was weRed tl out mod bring in witerses {. Was there avy wituess whe testided that she had Goid ovim? (Objected to) Q@ — Dia any witn 1 do Lot ree “ ¢ sald so; I de not kaw; T cannot if do not ree li they ovuid ‘ # ray anything about gold? Whether tt good characte cannot fey; no aiidaric w pore i held e couruitation; Ido vot kuow if the son Was UHeniDeas; Without there miuares | Aho bot reollret mayluing about it; L read this article wbovt the time Q--At that time did you make up your miad that it Pas tue or faive? ed to.) As to bailing the Mai ad order, end November coréer of the ecliy; there te tren Lethiop avd myself, im the Court ne, ai the time they Were brovght in w } 1 saw them there; I do pot know whether they eae by force oF Mot, tho Dirteles Attorney suygented it, | think Loibrep was seat fer; F know there was a examined by iting magtetrate; he nad @ was 8 mere te stit man ft bail tad } Presemt when bath | oot” Bhp y } puld require notion, ved It; he did got waive motive on the 1 ree t wha? ! told bapers we 9 Veo 1 " «l ased 2 tha # we to; Lan y are ard might net; | de not recol te iain ad's t it was, Whe A wilirg to take bail th pot hnow who sug voller; | wae deol tedis fo favor of ar op raid the proceruings Were un- “i differentiy; | we i | told his nd otated m that | hed a What wae fiat been feformed that he had sin tym patbies were eroited remain in prh 1 hie ve, d tint wil wit he own. ir; the Distret Attorney proposmd he whoald the practice were brought into Court at my that of the Diarrlet Attorney, ftotd » ina. d not wish to sereen them; nt iangth they hed ped eqaln; the District Attorney was there, plained take bail 1 theme avd eculd waive notice; they wont Into the Folie ofiise » Cowrt of Seestens:; Mr Clarke eas there; | do not wit he secompsuind them. or if he and Mr. Ha both there together; | think it likely {sent for Half jueisted it w yall. and wae & mere technicality Dis trent Atrormey present: it had been ag-wed between him Oni I that they ehould be brought before Ceart of See sions, and they were brought there; | do not know bat Het brought them the is was agreed to send for the ftrate: b nd @ conversation ensued, [wns | appeinted Recorder in 1946; | believe Hail was prac- then, © year, two, or three, or ed an office with Huot in Chamber 7 whether this i er, be was appe three or tour months after lweseppointed; Mr Halt never advived with me on Any rubjeot. expecially om matters of law: he con’ rier until the act was parsed directing the sheriff to appoint; it eae determined he should remain thould know what would be done; he thoogh y sheriff; I wrote to the sheriff and he ap- him, he ceased to be erier when that office er got any from he did not bring t don ray notion rb. vid be given?’ he raid no, it did mot ree quire It- that wae only in caves of hobeaseorpys; | think he sald forther—“Tlere are the papers they are all righs, made cut by Vandervoort. and all that fs necessary is for you to swear the to nd take ball." the next dey | looked at the etatate, and found notice was never ith the District Attorney, office at my request; he had lown after sheriff to get bis appointment, and wrote to I h and to aldermen; I urged it wh THIRD Dar. Marerte, for plaintiff, sworn —Produces minutes of court— Superior Court, J Counent for mode. Counsrt for defence objected to this testimony— let = On the ground that the result of sait of Mertin ve Bennet’, doos not warrant foference of motive a 2nd.— No evidence that defendent had an parte pa. tion in these publications Overruled, and defendant excepted, Minutes of court, October 28,1848. Tres ihe Heretd about Haff; I did not | when they were brought In; | was not clea ca to éaxccute; Crosset brought them t is ‘there preiy much ail the Ome as a re wa porter of proceedings of police; was tat the examination; | was not told by a y lived after {bad the warrant; ( au applied to me | about itoften; Leannet teil whether it was aftr be | Offered to read trow case of Mortin vs. Cresemen, attorney, to show that the arrest wad mahoives, (Excluded as no evidence) Pisintal excepted, outs ra Aa git B recalled fy ploinny ot G at the requestof Mr attorney apd counsellor of one the coarts; { heard com. Yereution but esnpot reoollvct what it was; weat tate the police office, to speek to Justies Lota 00 One accompanied me, when I went iv first ; | wes preseat at the exawination ; Dr. Croeaman was present. Q.— Was avy waiver made ! A.—I did not notice it ; I was anxious that an exanf- ow should be made; he was the mea who went’ ere. Q —What wassaid by Justice Lothrop, as to bailing? (Objected to by defendant, and the objection opposed Ore cous di that the importeat was, ‘bbe Court deoi at @ importeat iat whether the batl egal or iease, ” examued—! aur an attorney of the Supreme nd wcounselior under the reoent law; | was aémitted in 184% ; | took them (the girls) in there, for the purpote of baving them examived. aud to have the bail properly taken ; | did got eay to Lochrop | waated Croseman examined, nor did auy body The testimony elored here. and the counsel for de fepce made a motion to dism' he complaint, op the ground that, upon the pleadings aad proofs, no cause of action is prevented. ‘This motion was overruled and defend: i? bo} Counrel tor defence, Mr. Sanproxp, thea introduced authoritig, in support of requests fer the court to ebarge the jury ss to certain potats. The suses Ce gae€ ie Kon he mig charge ‘Upon rev points, He did this, ia order, if possibile, to shorten the case, . Mr. Saxpronn summed up the evidence for the de- fence, He said to the jury that had not at fires supposed that one day would have been consumed im the trial of this cause, but it was now s late hour ia the third day. would, therefore, present tn as briefly as posible. | shall take them u es they occur im the papers. and ree if there i ything ud if ceurorious, whe- cepsorious towards Mr. full, ther itienottrae It is as much the privilege of am editor toexpress his views tothe public, as itis the privilege of any one of you to express your views to your neighbor. In regard to the peticle ‘headed * Po- liee Intelligence,” our defeace ie, that it ip a trutofal statement of what ocoarred. Mr. S$ here ‘gviewed the testimony, showng (bat the allegations all been proven, What is luere, eaid he, 1m the of thia th truth? If Mr. Justice Lothrop Miz Baker. and ne correot- ly reported the there is po libel (iKeads Scott's testimony, to prove that ijuif did mislead the lecorder, end also to prove the relation between full aad Rooorder Beott) And now, sbout ths comments made on this arti- clo. The commentavor seeing this, thinks 1¢a proper sub- ject to lay beture the public This acticle was directed to Recorder Scott; Mr Hutf came ta merely as an inoi- dent. Ifthe principal haa been gutity of a fault. ead bad given up the agent, onght he not te be noticna? his making ® votre, strieily according to ley, ail that bas been proven; aud in reterence to bis picking up cares about the Tombs, you may say he had nos many cuses, Why was that? Lhe only inferenoe is that peopl ot willing to employ nim | see no- thing scandalousin that im reference to the spectmen Cf his literary abilities, Mr Russell knows the bead, aug Mr, Phillipe proves the speliiog; and wheu a waa bas seen bull ’s spelling, he never cao mistake it 16 isabsurd to ray that Hull did not write thas letter. The couveel next took up the report ot the case ia the Special Sei end, geing over the evidence, owed that the facts eet forih ia thet article had deta abundantly proven, Whep. said he. the scales of jase tice were equipoime, he (otf) threw in the wwight of bis we n tgwinst Ger ebaracter ‘The girl's appear- ance scene oatside are proof of the trata of ihe emotions of nature cannot be 1 have gue Over the points of the case, s libel Deena committed? ‘Che coumsel for has told you that he kuows of hundreds of tol coves agsinst (ir Beouett | bave tried every libel ca-e whivt Le has bed tried for the iust four yeara, ndibave known of but four, Aa to damages, you iil be told Uhat you are Lo give sufictent to repale ti dumage done to ibe compia.uant But whi proven ail that tx ert ret out uo dauages can aoerue. ea 4 thao when a bbetis pecpetraced you hare # Tight Lo award such darsezes as shall pot only repate the ebaracter, out ball be #0 exemplary as to tease others not to laterfere with private rigacs, {will ome ceue (hat, In cases where Chere is evidence Of an aggra- yatedcase But bere it was quite different ports were mild ta expressly fue counsel closed hte Teinarks to the jury, by © mmeuting eloquently apo the exerilences of an uotrammelled precs, comparing Ube countries where thers is no treedum of the press with onr own country, and even England —countriee communicated ana ed ba atutin where the creat mass of the people gain thelr pringipal stock of iufermationg and lescoing teom the ne) per proms Heeiaimed that the acts of courte Jaties cugkt pot to be-exempt com remark and eva te proot. so long as the publications contlaed to truth. ii seid Le, & Judge wll open the prisom door to the gulity, shall not the pre eit Kon? YOURTH. b. The C, rou THe Poa followad. and, iw the course of his summing up. became Venoment in the use of invective against tbe editor of the (lerald. the repor= ters, Lhe counrel on the other tide. and some of the wit. neeres in the case, He them went into aa arithmetiont calculsuion ou the data of the eirculstioa aad price of the Herald, arriving at the conciuciva that Mr. Seanets must be m. BZ Over $160,000 & year, Independent of bus adverticing And this, said the counsel hy ke should be muloted in damag eid he, * tor mu Give me any amount of the Jarger the be vp the weak? Ain't you to austata thow wae are ea- denvortog to rise dy thetriodustey, tutoute So?) The whole, cr che greater part, of the summing up by tae pluintif's counsel was devoted to stating how Wai had Lien sbused, end in the aoe of invective against tawde- fondant aod the witaesves CMARGE OF JUDGE SANDVORD. Judge Sascvonn then charged the jary as fotiows :— It is imperiant, io caves of tals dessription, that they sheuid be determined to courts of justice the just liberty of the press aud private rigits ought to be pre rorved, We havea simple duty —to regard che parcies d rely ups thetetiqony. This cae ®& pErcow com His hoaor sue < Polats commencing with tre phneifi'a aliegations : — That defeadant Hiebwd bela Kvidence introduced to eh he was the pabtisher The aueger dented alt of them. ‘As to the point iteeif. I submit evidence ix suiflowms. 2d, Defenvant. as proprietor, ie reepourtble for all tae articles and ix able to pay all thet iadiestes express * ip publications prepared by Lhore im bts eayloy. o over the whole whether Novlioas or # to the ju @ Libel (rea ty in public estiastiva of if (he pebdicattons are ‘hice ingeliigence” Onlya myplained cf by plewntul two parageapos, You ie dere @ right to lo Rat the whole. to areectain ite cha. raolot= the eoples of proceedings avd examination, (Keade two p veyed them (t raphe) © Phe counsel. ial coms arty gitte) before tae Negurder == rmed bin hie plage of bustier wae Biavding by Itenlt, nothing ibellous find | leave it to 90a to say ia what senre ho intended to convey it—whether lt was ma ete courre Of legal proceediogs. oF cz improper @oudagt, It ie tor you wes the cate, if so, then it ie Me autos it bait Care of cords Sets.” ¢ are heb trylug Soott, not the aliugoa to thea is wholly fume iu referewes to motives, It ta itbule i ter, waters true; and it ty only to % doe it bears on Hult ‘To easter it—it m with participacing im Legal bail Une is wlibel That he wrote the letur, 1 ublers & defence ts mate owt, io ordioary tag der ogetory. thw @ none of yptivle person, It they are intended to being mtearpt, they are libellvas, fae a af nlorepresen'alioa made by bim into sidiente net eee any fi Hiwtt It appenrs th end pot a werd is contained beyond t intended to convey the tdra ot am honest divebente of duties, or to hold bla wp to ridieule? if to ridieule, 16 isa libel, though true scrietiy © tieking causes a. the Tombs: Did it mews te Cograde HUM and bring bin into contempt, asa fledged lawyer, Rod uni! «d to transact other Ousioesat It ie ne libel to ray be wes admitted fa iiS. it was repa- table to him that, in the courge of his duties, he got up 24, “Court of 8 at uf Hull's partisive woring and giving am- Tration and is libellow 7" sts As to detenoe: 1. Hail the faote stated are tras, and oll the remarks are fair comments on them; if there true io print otfact, it ita perfect d trace, yea defence in a civil acti to the charge, Where there sions, proof of trath of any one or justify others. if ebarging the participating mbar ate o what he raid ip reference to illegal bail, plelntifl is entitied to resoverfor that, ac though action wee breaght for thet siene lo case where lenguege ie equivoe: }d avmite two interpretations, aud you fad it was ured tronieaily, evem then, if facts prowe the Fenee 10 used. the defencyis made It the vooation of erier war of that ob: ter necessarily toexciee thie lavghter, them that isa defence, That is for youto way. there were proesedings in pablie, and a sach it ‘wer proper to report tn to the public; if facts are fteted with rubsteutial fairness, any remarks fairl; mace sre privileged But if facts are mot tairly st or do wot feirly rnpport the comment, it ie not privt- leerd. You will look at the obarges, and @ee the de ce, As to the “Police Ri alleged to be libels. east opprobri Wao ite fal only two paragraphs are Ifyou aed tues re tain ded to be considered libetloas, ap the duebarge and own to house of ed them ; not necereary; On the following day the Recorder lsoked result wae that om Saturday the girls got sions. and Lothrop was sent for, Chery occurred. Huff and Clark were One come into the Police Court. Lothro; ht by Clark: [tis for you to aay they were whe. ther the report is not substantially true. It is not proved