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

Newspaper of The New York Herald dated February 8, 1843 Page 2
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k"V\ YORK HKK \LP v? w 1 ork, Wrdncidajr, ITtbruM) S, 1(443. The Libel (' >r-Anthony Dry, A full report ol 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 lor the delence. To-day the evidence will begin. We are requested to say that an attachment will be issued against all those witnesses who have been Biibpmned in this case, and do net appear at the Court ot Sessions to-day, at 11 o'clock. The Approaching Spring Trade. We are very thoroughly |>ereuaded that the prospect* of the Spring Trade, and of the country generally, are better and brighter than tliey have been for seven years past. Let us take an inventory of stock on hand, the debts due, the currency in circulation, and a glance at the pros|>ccts before us. anncal pkoduck, 1843. on hand. Manufacture* 379.158,000 . . . 150,000,000 OftheForert 16,855,300 ... 10,000,000 " Horticulture, 2,079,200 ... ? Agriculture 643,970,*00 . . . 400.000,#00 Mine* 33,167,300 . . . 10,000,000 Fliberies 10,933,300 . . . 6,000,000 1,076,168,600 $676,000,000 f.Climate 01 annual produce for 1343, 1,300,000,000 Aggregate State debts 331,130,000 " City debts 33,000,000 " United States debt, 26,uoo.otio Total debt $389,130,000 Taxshle property in all the States 7,000,000,000 Active population, 6,174,000 Grosi " 17,068,666 hatimated number of bankrupt*, 23,000 Probable debts,unpaid, settled by the law, 150,000,000 Banking Movements at Three Periods. 1836. 1839. 1843. Loans 4?7.606,000 .. 492 278,815 .. 387,876,162 Specie 40,019,594 .. 46,132,673 .. 87,114,306 Circulation, 140,301,308 .. 135,170,995 .. 70,666,038 Deposits 115,104,440 . 92,240,146 .. 64,290,973 Net import of specie, 1621 to 1843, $43,603,873 It is utterly impossible that a rich country and an active people, possessing such resources-such vast elements of wealth, can be long depressed or kept under. We are certaiuly 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 new principles?with equalized exchanges?low prices? economy, and eash payments or short credits. Th#?a*A will mult p flir mnvamonta tA tku fntnru 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 fifty millions of dollars. These vast profits will (all to the share of the active, the industrious, the honest and most talented in managing business. Think ol 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 is a heavy State debt?but that debt cannot afiect those who have the management of business in this revolutionary age Another grand prospect is before us. So don't forget to advertise in time. Honesty, integrity, morals, intelligence, are increasing every day, even in the midst of all sorts ol religious, moral, philosophical and literary excitements. The downfall of the bank inflation will, to a certainty, aid the moral revolution. This is certain?then go ahead?and trust to the future. TeaTKLS in Eovpt, tfcc.?We shall publish at this office on Friday morning, No. 2 of the great work on Egypt, by J. & E. Cooley. This number contains the popular story of Nebby Davod, illustrated with plates?price only 25 cents per number, being one nun ine original price, as uie wont. win oe completed in six numbers. We sliall have ready for delivery at the same time No. 1 of the Book of the Navy, comprising a general History of the American Marine?to contain v?rv many large plates of Naval Engagements? The first No. will contain an admirable steel portrait of Commodore Perry, together with other plates Call and look at this. The whole will be complete in four numbers, only 25 cents per number. Effects of the Smow Storm.?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 Sunday morning. We learn from Adams At 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 Railway at 4 o'clock yesterday morning; and the train that left the same afternoon at 6 o'clock had not arrived at Elizabethtown at 7 o'clock yesterday morning. The passengers by these trains have either returned to the city, or taken up lodgings "along the line." The Housatonic Railroad, which connects with Albany, and the Norwich road which runs to Boston, 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 .-? fFrom Albany Atlas, Feb. fl.J A snow storm set in yesterday morning, and continued falling through the day. [ From Philadelphia Chronicle, Feb. 7.] Yesterday w<is a pretty good sample of an old fashioned winter's day. The cold was intense, and infused quickness into the motions of most pedes trians, aa well as plan'ed 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 Mercury of the 3d says?"After a long vernal respite, old Winter has given us what we suppose was a parting grip of his frozen fist. Wednesday was hitter cold, with a flurry of snow about eight o clock in the morning, and the wind biting shrewdly as pepper vinegar during the day; and yesterday was quite cold enough to be pleasant with thick clothing and warm fires: but we arc inclined to think the thermsmeter did not show quite so low as 12 degress below zero in the mornins." British Consul in New Yohk.?We learn that the abolitionists of Great Britain are endeavoring to prevail on their government to revoke the appointment 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 I nitkd States Senator.?Silas Wright, Jr. was yesterday elected United States Senator for six years Irom next March. He was unanimously nominated on Monday. The Spoils ?It is now said that Noah is to be the United States Marshal of this port, since the affairs of Morocco have been settled. ??? State Treasurer.?Thomas Farrington waselected State Treasurer on Monday. He was nominated in caucus on Saturday. lima* in Philadelphia ?The jury in the libel case against the Ledger, could not agree?6 to 6 What nonsense to bring sui h suits ! Cars ?Why don't an omnibus run from Fulton (erry to Jerwy terry 1 In Paris omnibusses run all orer the eity, and in every direction, too. IyoTTK*t*N ?The lottery busmen? is quite flour wiling in New York, in spite of the law and its penalties. We see one ol the papers full of advertisement*. Law or Limu?Can auy body tell what it is I or wliat it means 1 Court of tireocral Sewlona. I'luktnt KocorJcr Tallmadge, Judge Lynch, Aldermen * June* and Croliu*. James H. Whitihs, District Attorney. Ftl. 7th ?-tnl/i#ny /ley vs. Jama iitrion B*nn*tt The cm* having been culled, Mr. MonaiLL asked permission t* call the name* ol the witnesses for the defence, and accordingly commenced reading aloud a lift of upward* of one hundred name*. After twenty or thirty persons had been called The DrtTHicT Attornit asked Mr. Morrill if he had net better have a Directory 7 Mr. Mokrii.l? Oh ! ?ir, yo'i have only to look at the schedule?it will iMwr the par|>oae (A laugh.) Mr. Morrill proceeded?Pat Colpay*. Diitrict Attornst?Who's that! Mr. Morrill?Oh ! that'* the man that swept hi* oflicea. (A laugh ) Mr. Mobrill went on?Monmouth B. Hart. District Attobrict?He '* looking for Colt. (A laugh.) Mr. Morrill?Dudley Sehlen. District Attornet? Oh! he'* in Congress. (A laugh.) f An officer here banded a Directory to the District Attorney, who again ottered it to Mr. Morrill, amid the suppressed laughter of the audience.] At Ungth the long list of witnesses was concluded. Mr. Jordan, of counsel for defence, then rose anil said?1 beg leave to say to your Honors, that thi* is a case w hich has excited considerable interest in the community, not ouly on account of the conspicuous characters of the parties, but also the intrinsic nature of the com. plaint, being for a libel in publishing what appears on the records ol the District Court of the United States, and making such remark*on it as will appear by and by. Mr. Bennett stand a in the situation of a public journalist; a man conducting a newspaper of very extensive circulation, and one which takes cognizance of the politics fol ax,-, .<.v.aia|nuu VI IIIKB VI nidllBIIKI, U CAlCIIRlVeiy ? UUV public journal in the country, and he haa therefore ample means for making enemies as well as friends. He ha* also the means, and, perhaps, like other oditors, employs them, creating prejudices. Now we propose?of course without any knowledge whatever ol the opinions or sentiments of any ol the jurors called, with respect to the parties in the case, or the case itseil, but bv w ay of caution ?to challenge 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, thay are in that situation in which the law requites a jury to be?entirely devoid of all impression of the guilt or innocence of the party accused. 1 make this explanation because otherwise aur challenge* might be deemed uncourteous and unkind to the jurors. Recorder?Certainly, sir; you have a right to challenge. John B. Oassner called'and sworn Knew both parties, had read the libel; thought at the time 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 partner, and made a good many remarks about it; Mr. McLaren was there at the time, and he said it was wrong to publish it. Rrcordeh?Did you form any opinion on the matter! Juror?1 did not exactly make up my mind that it was libellous; I would rather be excused, sir. District Attornev?That is not the question; did ybu make up your mind that it was libellous? Juror?Tes, 1 did. He was set aside. Walter Bahnes was next called, but did not answer. James Peach called and sworn as to his competency; had seen the publication; that was, the schodule; did not see the remarks; had not heard much talk about the mat ter; had formed no opinion about the Tightness nor the wrongncssot the publication; had no prejudice* against either party, neither of them had ever troubled him in any way. He was sworn as a juror. Isaac M. Samuels was the next juror called?He was not acquainted with either party; had uot seen the publication in question; had formed no opinion; never gave ine mauer a tnougbl; know from hearsay that Mr. Bennett ii the editor of the Herald; never hud any occasion to form any prejudice against either party. Mr. Jordan?What is your opinion 01 Mr. Bennett's reputation as an editor? Recorder?I do not see the propriety of asking that question. Mr. Jordan?1 am aware, your Honor, that the rule is differently administered in different Courts-, I think il jurors have any general prejudice against the party on trial, that he is disqualified. Recorder?1 merely made the suggestion that your question was too extended. Mr. Samuels was then sworn. Okorge W. Atwood was next called? Had not formed any opinion. Is a merchant at 14 Front street. Has no prqjuaice against either party. Sworn. Oeohge B. Miller?Had formed no opinion. Is not in any particular business at present. Lives in Pearl street. Has no prejudice against either party. Sworn. Henrt J. Mitchell was next called, but did not answer. Albert Water bury?Does not know either party.? Had seen and read the publication in question. Had not formed any opinion as to whether it was a libal. Had formed an opinion as to its beiog right or wrona. District Altornet?Is it in amoral or legal sense? Ji ror?In a moral sense. Mr. Jordan?Well, the moral sense is, after all, what constitutes a libel. The jursrs are not supposed to be lawyers?they are not supposed to know, when they read a libel, whether it is libellous or not. It is that peculiar kind of tiding that the very law depends on the moral right or wrong of it. It is undoubtedly a question for tho jury whether the publication be a libel or not, ami yet they judge of it with respect to the moral restitude of the thing itself. It seems that we. hare no great trouble in getting jurors who have tormed no opinion one way or the other, and I suppose it would be more satisfactory to the parties and to the community, and in fact redound more to the honorof the law, that the case should he tried by jurors who are entirely Iree from all prejudice or impression in regard to the rectitude or otherwise of the acccused. 1 submit to your Honors, that though the grounds maybe slight, vet thev are sufficient to exclude the itirnr. District Attorxev?I submit that the constitution supposes, in the case of libel, that every citizen is a good lawyer, for it declares that the jurors are judges both of the law and the fact. The juror 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 preliminary question is, have you formed any opinion as tv the guilt or innocence of the accused. If so, he has done it, not because he knows the law, of which he is supposed to be ignorant, but because he has formed a distinct opinion of the facts of the case. Now the juror has formed no opinion as to whether the publication was a libel or not, but simplv with respect to the propriety of the publication. Now, if the Court please, if the rule of the gentleman is to be valid, 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 have jurors who do not think at all. This juror has formed no opinion on the legal aspect of the case. Judge Ltsch?Has he not, *in avowing that he had formed an opinioa on the morality ot the publication, impliedly given us to know that he has formed an opinion of the motives of the publication 1 Mr. Jordsis?It strikes me that that view of thecase is correct. Certainly it is no very pleasant situation for any individual to be placed in, who is to be triad for an alledged otlence, by a juror who has an imoression that his conduct was wrong. I do not know wnat is the opinion of thejuror in this case, but at all events we are exposed to that without asking his opinion. I think that the adminlit rat ion of justice? Recorder?This indictment is rather peculiar, inns much as the Jury are judges both of the law and the tart. The motives constitute very much the gist of a case of this kind, and it is very ' desirable that the jurors on tAing their seats, should be unprejudiced with regard to the motives of the defendant. The Court is of opinion that thejuror should stand aside. Mr. Waterburv was ac ordingly *?t aside. I Bfxjami* R. Thrall was next called. Had formed no | opinion, and had no prijudice. Sworn. Willism Hawkixs?It a leather dreaaer, lives at 361 Tearl street? reads the Herald?had lormed no opinion, and had no prejudice. Swora. Thomss W. MonToomav?Is a merchant, lives at 366 Pearl street?had formed no opinion, and had no prejudice against either party. Swarn. Evoch Moruah?Li*'s at JOQ Greenwich street; is a soap and candlo manufacturer. Had lormed na opinion of the publication?had no particular prejudice against Mr. Bennett; Mr. Bennett bad published some things which he thought ought not to tie published. Mr. Jordan ?I suppose that is enough to exclude the juror. Recommit?He has sworn that ho. has no particular prejudice. Mr. Joansn?Mr. Bennett occupies a peculiar position. Home think the Herald an excellent, moral paper, and others think differently. 1 suppose if Col. Webb were called on this jury, although he might not have formed any opinion as to the publications in quntion, we could scarce!) think him a fit and proper juror on account of his prejudices. The Jeans?Mr. Bannett has merely published some things which I didn't like. I dont know Mr. Bennett. Mr. Jordan?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. Rkcordkr?I really da not see on what grounds, Mr. Jordan. Mr. Tmvall was then sworn. Joh* CoMrrow called?Had formed an opinion ai to the propriety of the publication. Hot aside. Dsrirl. Koanm sailed?Had glanced over the publication, but not with sufficient care to form an opinion ; had no particular prejudice against Mr. Bennett, and scarcely ever read his paper, but considered him entitled to his right*. Sworn. Orraiv Cowle?Lives ia the Seventh Ward?keeps ship stores?has formed an opinion on the propriety of the publication. Sat aside. Thomas Emfrsor?1 live at 27$ Christie street?am a brass founder?have not seen the publication?heard nothing about it, except that the trial was coming off' to-day? do not see the Herald oAen?stopped taking it about a year ago. Mr Joanaw?For what reason 1 District Attorrit?1 object to that question. Mr. Jordsr?We do not wish to be tried by any man i who has prejudices against Mr Bennett or his paper. We w i?h impartial Jnrors, and think that enough of them can be found. We wish every juror to stand like a piece of white paper. This juror has taken the naner and conceived a dislike te it I therefore wish to salt him the cause of his stopping it, in order to discover where the prejudice exists Rklordir?I understand the juror to say that he had not any prejudice. Mr Joans* ?Men are often as unconscious ol prejudice a* of the circulation of the fluids in their bodiss. Prejudice it so subtle in ill natuge, that it may tie circulating III rough a man's veins, and poisoning the very sources of life, whilst he ia all unconscious of its existence. I wish in the present cuaato get at the laets, and allow the Court to judge whether prejudic.'.eiisthereor not. Your Honors know that the individual on trial here, is one of great notoriety and? Iticoanra?Make your inquiries, Mr. Jordan. Mr. Joansis?(to the Juror)?Wliat were your reasons lor stopping tho Herald 1 Jcaoa?Iwhs taking several papers at the time, and I did not think my means would permit roe to taka thvm all. I have no prejudice against Mr. Bennett. I don't know the man?1 haard a great deal of talk aliout him, but 1 don't form any opinions from what I hear or see published either Mr. Joan** -I ask simply whether you know the repu tation of Mr. Bennett in his paper 7] ??? 111 ? DiirttiT AtroaNtt?Thiaiiiuraly carrying It beyon all conceivable rale. Kecoxdee?He say* he haa no prejudice-let him b Hum. Mr. buiersou w?a accordingly (worn. ChKKTorHan Liuwith was next called?I live at 0 Barclay atreet, and keep a public honae- Sometimea read the Herald?have not seen the publication In <iuei tion, and have formed no opinion. Distxict Attohik? Do you know Mr. Dey ? Juaoa?No, air. Mr.Ledwilh-.vas then sworn. Abiik Lawto* called? I read the Herald,but haveform ed no opinion, and have no prejudices. Sworn. The Jury being now complete, the Diatrict Attorne; opened the caae as follows:? Gevtlemem or the Ji b*?Thia ia an indictment To a libel against James Gordon Bennett, editor and proprie tor of tne New York Herald. The complainant Is Mr Anthony Dey, a gentleman who has occupied an r.minen station in this community, as a lawyer and as as a gentle man, who was at one time exceedingly prosperous in bu muess, until lie atiinsbin a considerable amount of boll real and peraonal estate. Owing to misfortune he be came im|>overiahed, made an assignment of his property Tor the benefit of his creditors, and at length thought it ne cesaary to seek the relief which has been afforded by at act known as the " Bankrupt Act." Mr. Dey, as he had f right to do, and as he was bound to do, made an inventor) of his estate, setting forth the names of his creditors, am the character of his indebtedness to them, and also a listo his assets. These papers were spread upon the files oi the Court, and were sought by Mr. Bennett?a copy oftht schedule made and published in the Herald, The com plaint is not so much of the publication of the schedule w of the remarks that appeared in the paper as editorial, and comments on the character and standing of Mr. Dey. Tht great cause of complaint lies in these editorial rematks. He does, indeed, also complain that the statement published by Mr. Bennett as a statement of hit schedule, is garbled, and mixed up with observations by Mr. Bennett, uncalled lor and unjustifiable. This law of libel, gentlemen, has in our country undergone a very great change. Formerly, and in England, as well as here, it was held that the greater the truth, the greater the libel; and this in very many instances is entirely true. But in our State, by the constitution of it, |iersons now are held responsible only for the truth ol what they publish, and for the motives and end of the publication. Our constitution, therefore, has settled au entirely new principle in relation to the law of libel, by conferring the privilege on every citizen: first, of pleading the tiuth in justification; and, secondly, of good motives and justifiable ends. Thia freedom of speech and publication belongs no more to the editor of a public newspaper than to the private oitizen. The constitution grants to every man in tho community, no matter what his station or calling, the same right that is claimed by the conductors ot the public press. The constitution declares that " Every citizen may freely apeak, write and publish his sentiments on all subjects, being responsible tor the abase of that right?and no law shall he passed to restrain or abridge the liberty of speech or of the press. In all prosecutions and indictments for libel, the truth may be given in evidence to lbs jury ; and if it appear to the jury that the matter charged as libellous is true, and published with good motives and for justijiabls ends, the party accused shall stand acquitte 1 ; and the jury have a right to determine both the law and the facts." Formerly in England, as well as here, it was held that the Court were exclusively the judges of the law of libel, and whethei individuals or the government were libelled, the Court on reading the paper decided whether it were libellous or not?the jury having nothing to do but simply pass on me 4u?iivii ui |>uuiiuuiiuii. i nis ruieoi taw in a.ngiaiul wan carried to a very great extent; and to such an extent that the government protected itself by it in all its oppressions of the people?and theie was no means of stemming the despotism of those in power in this particular by reason oftha intervention of the judges, who constantly held individuals resi>onsible whenever they called in question the conduct of the government and the character of its officers. This lieing so, there was a restraint not only of the press, but also of public discussion. This led to the very celebrated letters, of which all of you mutt have read, written by "Junius," in favor of constitutional liberty on this subject It was then probably that the great struggle first commenced, which went to establish in that country the privileges of tree discussion on men and measures, and particularly of the government. This law is justly regarded as of the highest importance, and in this Statu it is summed up and settled in the section of the constitution which I have read. And you see from its peculiar phraseology it 'was intended that individuals might express their sentiments freely, anj it was to enable 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 endsofihe 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, yet he docs not appear 011 this trial before the Jury as individuals generally do. There is claimed at this day for the public press a degree of freedom from all law and all restraint, that I apprehend cannot yet be granted to it by any twelve honest jurymen to be found in the community. "I am free and willing to admit its right to the freedom bestowed on it by the Constitution, but yet it is not always proper, right and just, to publish the truth. Because, it the doctrine which will probably be claimed by the gentlemen is true, there is no man in this community who can regard the most private recesses of his own hause as safe from the prying gaze of the public newspapers, which will transfer to'its columns and give te the world tha most private attairs of his household. The slightest controversy that may take place between a man and his wile may ba spread on the pages of the newspaper and set fotth to the community. The least difficulty with one of his children may be trumpet td forth and sent forth in glowing colors, either to degrade or injure in some way the head or members of the family.? Oreat complaint hws been mpde, and in fact pat toft he "notoriety"of Mr. Bennett arises from tne fact tf.nt instead at aimlvinz his newsnaner to the .liii-nnim, -I 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, that a man could scarcely have around him his friends to have a c invivial meeting, without their being put before the community, and almost every word and joke uttered published to the world, to gratify vitiated curiosity. If a man's daughter was to have a small social party of her young female friends to visit her, their names, character and behaviour were blazoned forth, often in such a way as to produce a blush on the cheek of modesty, while there was nothing on the face of the thing that you could lay your hands on as vicious in itself Now I stand here to deny that Mr. James Gordon Bennett, the defendant in this case, or any other man in the editorial chair, has any right to such freedom. And itwillbe for you, Gentlemen, to say after vou have heard the whole his ory of the case, whether he stands justified or not,and whether, you as members of this community,are prepar< d to grant 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 liko ours of its going beyond its proper bouads. In this case Mr. Dey complains first, that the editorial remarks are libellous, and at to this, gentlemen, perhaps it you tuke them sentence by sentence and examine them cditically, you mev conceive that they are true, or are in the main true. But they are, on the facethcm. taken in connection, from beginning to end, intembvl to be satiriccat. A man may be libelled by speaking the truth ol him. For instance, if an individual is known to be a very stupid mail and with a had memory, should be represented as a man of remarkable intelligence and an excellent historian, such observations would be justly regarded as libellous. And we say that in this csme, from the manner in which Mr. Bennett has gone on to set forth the reputation of Mr. Dey, he has made it quite ridiculous and libellous. The definition af the term " libel" includes any written or printed publication of any matter which charges an individual with an offence, or holds him up to ridicule, or wmcQ u cxicuiaieu 10 excue nia passion, or to produce a breach of the public peace. A man may be libelled in various ways. He may be libelled by a painting, as well us by written words. A celebrated inatance of this sort ol libel occurred in this very city, some time since. An Italian painter, painted the .portrait of a gentleman, with which the latter was not satisfied, and refused to pay for It, on the ground that it was not a good likeneas. The Italian added a pair of as*'* ears to the portrait and exhibited it in his window. That was held to be libellous, and a jury in this rity found the Italian guilty of tbs libel ami the Court subjected hiafi to punishment We sup)>os< Mr. Dennett guilty of libel in these editorial remarks, and also, that in the copy of the schedule he made such omissions and udded such comments as made itlihellou*.? Then as to the probable motives. It was deemed rathei singular by Mr. Uey and his friends, that he alone should tie selected, if the design was to copy the schedules of per. sons, applying for the benefit of the bankrupt act. Not being indebted to Mr. Bennett, Mr. Dey supposed thatthi latter was not influenced by the simple motive of giving notice to his creditors, hut that he had been induced to dc so,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 perseus who had en mity against Mr. Dey. How this is, and how it may turn out in the trial of the case, I do not know. But, under that impression Mr. Dey set down and applied to a grund jury, who have submitted hia complaint to your adjudica. tion. We shall contend that Mr. Bennett has overstepped 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 cast in these aspects to your consideration, and it will ht for you to say whether Mr. Bennett is to be handed aver to this Court for such punishment as they may think pro per to inflict, or whether he stands entirely excused. The Distbict ATTOnorr hore produced a copy of tht Weekly Herald of Dec 17, IBM. The counsel for defence admitted the publication. The Disraicr Attorokv then rend the following por. ton of the editorial article in question:? " Repeal of the Bankrupt Jaiw?Itt Practical Operation! in Real Lifa?Cait af Jlnthnny Dey, En/, in Bankrupt ry." " Tmslay, however, we give to the public the state of af fairs of a gentleman on whom we doubt not the bankrupl law wjy produce a very wholesome effect, and one direct ly the reverse of that produced upon Col. Webb. It is thi case of Anthony Dey,, and far surpasses all we hav< yet published on the philosophy of bankruptcy, lie hai tiled in the U 8. District Court his petition in bankruptcyconsisting of various schedules, from A to /, or therea houtt, altogether occupying 70 closely written pages o foolscap,the substance of which we have endeavored tc report with accuracy and impartiality. It isa very sin gular, curious, complicated, and philosophical expose.? vir. ury ii?t" nh?uh MIII'JIIK m? lurumon hi in?' i^'W ion bar? a gentleman ami a christian?a man ol honor, integ rity, respectability, ami undoubted piety , arid wliatcvai may bp Imp flnal result af hi* application for a rppmllatioti of hi* debt* in thp Court of Bankruptcy below, there car Ire no dontit that in the Court ofllpaven above, hi* pctitior for a remission of sin* will be heard, and a decree of eter rial discharge Ire given Irom any lien which the great Ad ver?ary may hare hold against him. Mr. l)?r ha* been reputed to be a rich man, and we are not sure hilt that hii name is upon thp list of rich men lately published by Mo ?es V. Beach, a brnrhurt of atartling accuracy in the sta li*tlr* of New Vork wealthy men. Yet he is now an ap idicant for a decree in bankruptcy. His case will In found to he one ol great richness in morals, piety, poti drette, finance, religion, law, land speculations, and gol< mining We attach no blame, however, to Mr. Dry. Hi seems to hava been liewed down lor years, and at lengtl prostrated ander the influence of that dlaastroua system o domestic economy under which the country haaheen suf leriug since I nan. Mr. o#jr not 4ione. And we doub d not that far mora extraordinary cue* than hia uill vet N< cunir u|i. Hlill hia ease is very curioui and remarkable." tin e Then follow* the classification of (lie various mecha- w> nios aud others to whom Mr. Dey is indebted. The arti- bo 0 c lo (foes on :? siu 1 " On the other hand also, among the assets, thern will pn i- he spen no contemptible array of strength. His schedules we are rich and strong in bibles, psalm books, poudrette, and del |>cwa, together with much lands, houses, gold mines, and nol other property, all of which we doubt not, will be viewed tor w ith complacency and approbation by all his creditors, as bis well those in the Court of Bankruptcy below, as those ho> in the Court ol last resort above. And if, in the paiulul hill j trial through which he is now pussing, his title to gold un< mines and mansions in thia world shall not proveclear or, ur r even vanish aw ay, we hope and believe that the time is 'ra. i> near at hand '* \ " When he will read hia title clear, tl|l) t To manaions in the skies ; (), And bid farewell to every feai wj] And wipe hi* weeping eyes. vvn ' "Whatever the poudrette and mines may be valued at,wc Hn " have every reason to believe that the pews, psalms and run bibles, are equal in salvation to $1,166,706 37$, in the cur- ma " rency of New Jerusalem. On the whole, we know of no hia ' objection on earth to Mr. Dey'a obtaining his certificate ot but ' discharge from all earthly debts, unless it be in the uncx- ph? J plained mystery of that candlestick and the two candles. pet j The account stands thus cas i Cash Account. f'1,1 nr taxnsl. nnliond ?il?M .M It! I Cr. by one candlestick and two candle*.. 0,000 20 ('ro Hero is very palpably a balance of one cent due to some mft unnamed creditor, from whom it was received. This is ^ mysterious, and somewhat alarming. We certainly hope ami trust it will not vitiate the petitioner's application." ^ There are other portions of the schedule published, con. tinued the District Attorney, but I do not wish to occupy ^ the time of the Jury by reading them at present. W'e rest m(il the case here. Mr. Jokdan then opened the case forthe defence as lol ers lows 1 am really at a loss to know ot what part of this ker :>ubliration Mr. Dey'complains. He is called " Anthony gar Dev,Es?|.," "of high standing as a lawyer, a gentleman mis and a christion," and I see no reason to suppose that this she is meant in ridicule. The article then goes on . hu ami instead of publishing the schedule itselt, >*, gives a description of the classes of persons, mal to whom Mr. Dey was indebted. The defence consists hui in showing, in the Arst place, that the publication is true all That schedule is a public document, placed on the record nor of the District Court of the United States. It is public aba property. Every man has a right to know what it is, Dej either by going to the Ales and perusing it, or by obtain On ing, upon the payment of the usual compensation in the ieei shape of fees, from any of the officers of that eourt en- are trusti d with the record, a copy ol it. pev Rf.corokr?Does the District Attorney admit that the oth report of the schedule is substantially correct 1 wit District Attohnkt?No, we do not. we Mr. Joanan?We shall show that it is so Mr. Bennett the has not published the whole schedule, because, us hi' thr says, it is spread over seventy-six pages of foolscap. But and we will show you by reading the schedule itself, tiiat Mr. var Bennett has represented nothing wrong. He hus sup- iiai pressed no material tact, eieept wnat he has stated to exist in general* In regard to the debts, he has not professed to set them all forth, but he gives everyone who reads the editorial article sufficient proof that to all the ciassss mentioned in it Mr. Dey was indebted, and also ? sufficient knowledge that he does not intend, nor profess . to set forth the whole, except in so far as to show th> classes to whom Mr. Dry was indebted. Now, we will show that so far as he goes he was correct, and where he does not go he fairly apprizes the reader; and ii the reader have any curiosity uxcited by the publication, he knows ' , that he can go to the schedule itself, and thtr* ascertain '... the truth and correctn<;ss 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 Hei positive statement of what ii untrue, or by suppressing uni and keeping people in the dark in relation to what is true my and thereby giving a false impression of the general mat* 411(1 ter, which is but another mode of uttering falsehoods, r that may be unquestionably libellous. But we shall be of able to show to you that there are in this publication the bee strictest fidelity and truth. There is one remarkable cir- ,tcc cumstance which you have probably noticed in this pub- | ,l< lication, and that is that there is not a single expression o> r><" ill-will against Mr. Dey. Not one. There is not one un: tor civil expression, even in the whole article. 1 have read ry t the article over and over and I have been unable to find Ice ona There is nothing in the publication which imputes Me> wrong motives to Mr. Dey. There is nothing in it which mr charges hira with becoming indebted to others fratidu- wo lently. There is nothing which charges him with having o0i committed any Iraud in making out his petition or sche fere Jules or any |iortion otthe papers or representations which trie he has made in the case of his application in the Court oi nwi Bankruptcy. There is nothing in the publication which |j*h I have been able to discover as calculated to disparage the thii moral character of Mr. Dey. All there is that I can sec Micalculated to hold him up to ridicule and contempt, is the lien publication of the truth- Now then, if a man is so very an sensitive that he cannot bear the publication of the truth, ,.m; when it ia not discolored?when it is not distorted, but on cul the contrary,is put forth with expressions of kindness anil by vility, of it due respect to his character and feelings, so for | w as the publication of the naked truth will admit of it?if a j? n man be so very sensitive that he cannot bear that, why, at c then, it seems to me that that part of the Constitution ot and our country, which, as the District Attorney has properly to t remarked permits the truth 'to be given in evi yet dence is completely nullified. I ask you it it is [)t,, for the preservation of Ike morality of this com the" I munity?if it is calculated to produce a wholesome ,* ji i standard of morula, to prohibit a man from publish- cor ' ,ing ihe truth about any transaction, provided he does it ,-ar with decorum and with kindnesa to the individual ? I appiehend that there ia in objection to a publication of hiu that kind. I apprehend that if a publication of that kind can be prohibited, then we are no longer at liberty to publish oft the truth with goodmotivt sand lor justifiable ends, Now ,na, let ua see bow far the doctrine of the law goes with regard ,-xc to the justifiableneas of the motives and ends in view. I ,,js| shall probably ditier a little from the District Attorney in Ver regard to details, hut not in regard to the general princi- |?,t pie of the law. 1 say that this community are entitled to U'iu know all the follies, and, if you please, the frauds, of its |jk, members?that thev are entitled to know the results of ^lo the misconduct of individuals. In cases where, hv per the visitation of Provideneeor unexpected calamity which ,naj the sufferer had no hand in procuring, a man is placed in ani] an unfortunate position, the law prima facia presumes a Gel publication ol that kind to be done with bad motives and ,)ep for unjustifiable ends, and the defendant is called on alhr Kra matively to prove the contrary. But 1 insist that where fea, anything is brought on a man by his own lolly?by his ,m) own extravagance, and that operating to the prejudice ol per the community, the law draws a different conclusion, and ?ev the publication which reveals to the world his crime,or the folly, or misdemeanor, is supposed to be done with good are motives and for justifiable ends. How else, I ask, can this less community be apprized of the frauds and crimes which fore are daily perpetrated? Here, in this Court, there was a ;1|] j man convicted this moming, of a felony. Now, suppose a week, or a fortnight, or two years hence, that the editor 0f u of a newspaper should publish that Patrick Flanagan?I wit] forget his name?had been guilty of grand larceny in Qa? stealing from his benefactress. Well, the editor is in- Con dieted for a libel. But he proves the commisaiou of the IHtf crime, with the additional sin of ingratitude. " Oh! but'' ran says the District Attorney, " I have just got him indicted miI for publishing the truth, and it is now incumbent on him he I to show that he done it with good motives and for justi- q|, liable ends." Now 1 would ask whether the law does hod not infer that inasmuch as that crime and fraud and in- tar( gratitude were by the procurement of the party himself,the w j. publication of tbe truth in relation to his case was done p,Ri with good motives and lor justifiable ends. Butsnpposen ve? manhas a wen on his neck,tor has a deformity-has a crook. j|,a ed limb, or a squinting eye,or that he has some foul disease, wal a leprosy, or something brought on him by the visitation trill of God, or an unavoidable accident; or suppose he unf has an unfortunate son, or an unfortunate wife, or an un- bee lortnnate daughter, who has been guilty of some crime, or ?to< misdemeanor, or impropriety, or criminality, or indecen |iC| cy that outrages the moral sense of thecommunity, with- w. jj out any fault of his?there the rule of law would be dif- lrtir fercnt. Tbe editor of a newspaper, or any one who would tur, publish that to the world, either by writing or printing, ,uc would be guilty of libel, unless he could show some pow erful metive urging him to do so tor the attainment of a boi justifiable end. Here is the j>oint in this rase. If Mr. Dey n,g has been guilty of folly and extravagance?of humbug- jn? gery or fraud?or anything else that has brought him into C.1S the situation of a bankrupt, his schedule introduced upon ,,11, the records of the Court is in itself highly ridiculous?-is w), evidence of fraud if you please?ot imposition on the I whole community. It is his own art; and 1 shall take the int( ground?the bold ground, and I think fully borne out by ..m, the facts?that Mr. Bennett, or any one else, has a right to -11*ofie his case to the community?to show what Mr. Day's practises have been?what the humbugs and ma| ' frauds?I do not charge them in the case?hut if they have ,|ell 1 been, every thing will appear?which have made him t|,a indebted to A. B. and C.?to every body?all the letters of B|OI the alphabet, .rom A. to Z.?reported live times over, for (gg) aught I know to the contrary. Now, bat Mr. Bennett c,ln referred to the family of Mr. Dey I To any visitation of w j| Providence upon him? To any misfortune in his family 1 Has he spoken of Mr. Dey in vituperative nov far vindictive terms! In terms of ridicule, any t,ov ' further that in a spirit ol a fair commentary? For it a man |1HV speak the truth he inay adorn it?he may enforce it by ?( | illustrations; and if not so very select in the figures and the viupo iic i-ui|iie/'? nui mi nice in nii language ns some p,., 1 men of more fastidious taste, it is no mntter. If the fart l>e <taf ' trne, and all his remarks l.e merely illustrative and ex- tr,., planatory ,orif you please ornamental, I shall insist tt|Min (Ur it, that he is i|uitr justifiable in the puhlication. And so long as he does not travel out of it for the ptir|iose of at- rR| i tacking the character of individuals, he does not trans- fgc gresi the rules which govern the exercise ol the liberty of ion the press. Now, in this case, we shall proceed to sliow that Mr Bennett has published a faithful report of the ache- S|1(J (!ule. We have a right to read the whole publication in ?ui i the first place, and will then heat liberty to refer to, and uy reBd other publications connected with the subject matter, sen and hence we shall now read to you the article by Mr. |?,| Bennett I?" It is a very singular, curious, complicated, nf 5 1 and philosophical exjiose. Mr. Pey has stood among the ku, foremost at the New York Bar?a gentleman and a Chris- (hit i tian?a man of honor, integrity, respectability, and un- to i l doubted piety, and whatever may tie the final results ot (0 t i his application for a repudiation of his dehts In the Court jn t of Bankruptcy below, there can he no doubt that in the wjt Court of Heaven above, his petition for a remission of sins hut i will he heard, and a decree ol eternal discharge 1m- given jhm , from any lien which the great Adversary may have held ma against him." f A very Catholic sentiment certaifily ! I ja t cannot jmssibly see anything here which can lead a jury rH|i t to believe that Mr. Bennett meant to wound the fadings of na t Mr. I)ey. The article goes on]?" Mr. Pey hss been repu ?f r ted to he a rich mail, and we are not sure but that liis name ,|4r i is upon the list of rich men lately published hy Moses Y. rl,l , Beach, a brochtirtof startling accuracy in the statistics of , New York wealthy men. Yet hi is now an applicant lor foil a decree in bankruptcy." [We shall show yon, gentlemen ,|r| thepimphlet referred to, in which Mr. Dey was set down jnv as w orth fl'JOO,000, and Just before his application. Whe ,|jr therthis wasdone liy the procurement of Mr. Pey or no* ,,.v we cannot now say, tint we will probably ascertain nl ,.ar about that either from him or Mr. Beach, both of whom <.?) we can examine if we think proper. The article pro v(? eeed?| ?" His rase Hill be found to In on of ureal Hch- nil dihii in moraiH, piAiy, nnnnco, religion, h,., I law, Ian I peculation*, ami e<>M mining." [Now uti , w? shall prove all till* Wo hall pmvo Hint (,0, , Mr. Oey wm the owner ol two or llm <- paw* in Marcer >,,, f ftri-ot Church, lor which ho run in rteht anil never paid ,nl one or two also in Dr. Spring'* church, lor which h> run ,k | t in debt ami never paid?me ar two alio in a church in w? '% Jersey; tndwe shall piore ikM kt tU ift Mill ? religious instruction, or at all efenti tor that part >ich appertain* to the sacred music ol the church?that was in debt to those persona who taught his children l?> g psalms, (a laugli) ? that he hail a large number ol tyer books und bibles, and all the paraphernalia ol a irthy, pious man, (a lunch) for all which he had run in 3t, except lor the psalm books and bibles, though lam t sure of it, but he bus not si t them down in theinvony of his debts. The article continues]?" We attach 110 use, however, to Mr. Dey. He seems to have be? n acd down for years, and at length prostrated under the luence of that disastrous system ol domestic economy lor which the country has been suffering since 1S30. . Dey is not alone; anil wo doubt not that tar more exur linary cases than his will yet come up. Still his case ery curious and remarkable. The flrst thing which iketuson looking over his schedule is the vast multie of his debts, and the great number of distinct classes individuals whom he owes. [Why, gentlemen, we 1 show y ou a lis of them which would reach to Broady, allowing half an inch to each ol themf (Laughter.)] 1 liabilities are not to one solitary bank, and in one ind sum of $62,000, but they are to dozens and scores, sees, and classes; they are to administrators, bakers, cksmiths, brokers, tioat-rowers, boat-builders,hutahers, ter women, and banks. [All true! gentlemen.] Cam-tie merchants,chemical m?niifnrm?i.i<? , * -- merchants,cabinet makers,carriage lenders,carpenters, hiers, coblers, coopers, coal dealers, chamber maids, lrchea,corporations, and cooks?[True?every word of dock-builders, doctors, daughters,dry-good-mei chants, vers and druggists?Endorsers?Freight merchants, me-makers, fish-mongers, tormi-rs and florists?Grami schools and grocers?Horse-shoers, hardware-mtrints, hurness-mukers and hatters?Iron founders and iron ngers?Keepers of lioarding houses?Lumber m<Tuits, livery stable keepers, lawyers and laliorers? nufacturers, meat sellers, merchants and Millers? wspapers and nurses?[It is a fact, gentlemen]?Oil rchants and ottice-keepers?Physicians, printers, plaster riders, publishers and painters?Quill dealers?Repair of drawers?Segar merchants and seedsmen, stable pers end stationers, soap chandlers and solicitors, sumerchants and shoemakers, school masters and school tresses, shoe dealers and scavengers, sheep sellers and rill's?[(Laughter)?All tiue, gentlemen]?Tallow indlers, trustees, teachers aud tailors?Union whitH I companies, universities and upholsterers?Wagon ksrs and wagon lenders, wharf owners and whaif Iders, washerwomen, widows aud wives?through the letters of the alphabet. This is no burlesque, ' intended as such, for all the occupations named ve may every one be seen written down in Mr ,'s philosophical schedules. [Considerable laughter.] the other hand also, among the assets, there will be n no contemptible array of strength. His schedules rich and strong in bibles, psalm books, |K>udrctte, and vs, together with much lands, houses, gold mines, and er property, all of which we doubt not, will be viewed h complacency and apptohntion by all his creditors,as II those in the Court of Bankruptcy below, as those in Couit of last resort above. And, if, in the painful triul uugh which he is now liaising, his title to gold mines I mansions in this world shall not prove clear or even iisn away, we hope and believe that the time is near at nl " When hn will read his title clear, To mansions in the skies ; And bid farewell to every fear And wipe his weaping eyes." Whatever the poudrette and mines may he valued at,we 'e every reason to believe that the news, psalms, and les, are equal in salvation to $'2,160 796 37}, in the curcy of New Jerusalem. On the whole, we know of no action on earth to Mr Dey's obtaining his certificate of thaige from all earthly debts, unless it be in the unci ined mystery of that candlestick and the two candles, e account stands thus : ? Cash Account. Dr. to cash on hand $0,000 23 Cr. by one candlestick and two candles, 0.000 29 rc is very palpably a balance of one cent due to some lamed creditor, Irom whom it was received. This is sterious, and somewhat alarming. We certainly hope I trust it will not vitiate the petioner's application." erliapsit was not neccssury to state the various classes persons to whom Mr. Dey was indebted; but il that had n Ipft out thn District Attorney would probably have used Mr. Bennett of suppressing n part of the truth. ) not know that there isanythnrmin saying that Mr i had a greater number of Bibles than was necessary the use of his family, unless you mean to construe eve truth into a sneer, and take up the insinuations which, >ufe?8 1 was surprised to hear from the District Attor , and to which he would surely not have given uttere, had he recollected what was said by the Couxt when were cxami ilngthe competency ol the jurors. The irt had stated that thn case was to bo tried without re ince to any thing but its subject matter, but the Dist Attorney no sooner opens his mouth than he goes ?y back to tell you what Mr Bennett had dona in pubing the chit-cliat of the social party. But that has nolg to do, 1 need surely scarcely say,with this case.? , Bennett, as you have already been told from the ch, is to be tried for this offence, and it only. But if that has been said against Mr. Bennett by personal ones, or by hostile editors, always ready to coin and c irate slanderous charges against him, is to he taken up 1 you on the trial of this case, I would give it up at once ould say to you, find the man guilty at once. Thfre o use in torturing him. Take him and victimize him QOt. There is no use in insulting him with the form 1 semblance of atrial. But, gentlemen, I am disiiosed Link that you are not quite prepared to go that figure . You are to try Mr. Bennett lor a lihel on Anthony i f. That is all. Now, gentlemen, 1 inaiit upon it that public press ia in some sort a public censor. That it i some measure, and to a very considerable degree a rector of public morals, and it executes that work in a ietv ot ways. It does so by holding up the lollies of j akiri 1 to public view?by exhibiting in their genuinei their frauds and crimes ?telling the truth indeed, beso il not, there is no justification. It la for the b'neflt i he community that all this should be done. It has a lifest tendency to prevent the repetition of crime. It ites public indignation against the offender. It fur- l *s an antidote to the |ioison of evil example. It preits successful imposition. It elevates the standard of die morality. It men were to remain ignorant of what , i going on in the community, especially iu a great city 1 i this ; if the innumerable frauds and stratagems em i yed tor the iniquitous acquirement of property were mittedto go unexposed?if men were allowed to rein in the dark with respect to the crimes, and frauds, modes,and manner of humbugging the public, why, ntlemen of the Jury, I need not tell you that the most ' lorable state of thiugs would be the consequence. : iud and viliany would stalk forth unabashed, without : of detection, and the public would heplundered with ' lUDity. And I appeal to your own knowledge and exience;andl ask you, does not the public look to the ,'spaper press for all that information .' Ileuce it is that publication of cases tried here is tolerated. Criminals I thus made known, and rendered in some degree harm- i in future. Now, gentlemen, in regard to the ruse bei us, here is Mr. Dry, who has been, and I say it with ,>09sible respect for the gentleman, one of the great ft ibugi of the age? a man w lui has under the reputation ' re at wealth, and with undoubted credit, got into Jebt ii every body, as he literally has; and when that ikrupt Act, which is the great revealer of society, I es into operation, he applies for the henetit of it; ami it ten found that all his reputation for wealth was as art nn humbug?as perfect ga??as great a bubble as the id ot man e.-uld imagine ! his then found that while ias been passing in this community for a man worthy i : red it, and who on that cr. .lit got into debt with evert y, irom one dollar to ten thousand, is, in point ot , a man altogether destitute of property, excepting al ys nis gold mines in rNortn i^irolnm,and his lialvrston id Stock, which could probably havebeen Ixiught two rs ago at six|xuicc a call-load (Laughter) Now, I say iMr. Dey should have known better, when nothing r published hern in relation to his schedule, but the th, than to come into Court with such a charge. II an ortunate and dreaming speculator, whose brain had n manifestly turned by visions of gold mines undjoint:k companies, had succeeded in imposing on the pub. it would have been bail enough. But when a man h grey haira ?ot sobrletv of conduct?a solemn Chrisi?a pious man?bringing up his children in Ihentir0 ami admonition of the Lord?is loiind running into h extravagances, why it puts young, inexperienced a, crazv. And no wonder it should. And there can 10 greater service done to the community than by tell* the truth and so shaming thedevil?if there bo shame um And that is all that Sir. Bennett has done in this , e, as we will show you. Ami again, when upon tin stance of this baseless thing?the ground of property, ich is not property ot all, nml which no man in his ses would regard as property it he has caution?to get ] > debt with every bo.iy in the community, large and , ill, from the merchant down to the nurse that takes e of his children?Irom the lumber merchant who t Ids him a palace in Lafayette Place, to the joiner who lies his cradle?I think that no greater service can nc ' e to the community than to let them know all this, so i * when hereafter a man makes extraordinary pretenis to profitable speculation?to the |>os>ession of $.100, , as he was represented not two moaths before he be- I le a bankrupt-the public will be cautious?that they \ 1 recollect that all is not gold that glistens. And had h service been rendered by the press years ago, as has ' v been done in this publication, it is impossible to sa\ v much of ruin, and misery, and beggary, it would e prevented among the honest, good, substantial men business, who have been entirely prostrated within last four or five years'? Now. what is the object of Mr. inett in this publication7 What is it? He publishes a cment on the philosophy of this bankrupt act. Hp its it as a gieat revealer of secrets?as a process which ns men's insidss out and shows them to the communiThis is his language? and this is surely a philosophi inquiry. Hew long can a man who putson a lair e?who wears the semblance ol a man of wealth?how g enn he impose on the credulity of the public, and ol>* i credit of which he is altogether unworthy? All this ws the operation of the human mind. It is indeed a curb i and philosophical subject of inquiry,and I dare say maof you have reflected on it heretofore. You have all seen litile men indulging in visions of wealth, as baseless (in i,|i- rati J inin n.n iti iiii'tuiin. nil nullIII Some on may nave caught yourselves in these reverie*. 1 >w I can answer for myself that I have. Now I ilk such n publication nt this is admirably adapted nake men more cautious. In regard to the references lie "New Jerusalem stock," and some other expressions the publication, I know they are not in accordance h the taste of many, and indeed they are not with mine, there are very wide differences of opinion on these nt*. But whether Mr. Bennett was prudent or not in king use of these expressions, is not the question. This lot an indictment lor a libel on religion or public mo?, or on those things which most people would regard oo sacred lor admission in this way into the eoliimns n ncw*| aper. 1 call on you to dismiss all such consiations from your minds. Has lie slandered, ridi"d, lihalled Anthony Dey ? That is the ijueHtiou. And I no I MVWr V IT >erwi;.'lll,|l' VII Ul'V mayllHVO ml hi*religion li^rHolorf1 in enabling him to get into it w itli in pry Imily, yet hu will flml tluil now hi' ranwol i.k.' your religions I.. lings to hclj him otit with thl* in tmofit, hi'i-aittp Mr. II 11it?-ft may have spoken not fi> erently usaotpe of ) i might h no ilono. Mr. Dp) mot jnit that cln 'I; on him hi n\ II.- i? her* in hi* own or?. lie it to 1)1'Iril I hj himself, anil I apprehend that 1 will dismiss nil religion* eotiatdrraiiona from y< ur ids. I say that so (urn* relate* to Anthony Dry, Mi nni'tt lis. ptihli' hi I nothing hot the truth. Hp hn* gom o the philosophy of the bankrupt Art?he has shown ?r complfto II htinhug, how p> tr< ct a hobble a man may an.I j i-t p.tss through the community w ith credit that ihli't him to get into iloht with erery body. There it not, mill, an niikinil won! in the wholo publication. Hi ihei that Mr. Day "may reed hia title clear to mansion* in the ikiei.*' U'cli. to uishamau in heaVen li lurai) no great harm; whatever you may think of '.he propriety of tno aspiration in a new tpa|?*r. lam certain that Mr. Bennett had no ill-will to Mr. Dey. A? to the idea of extorting money from Mr. Dey -Good God ! I ihould think that would l>? the very laat thing a man would think ol after looking at hia achedulo! (laughter.) 1 know that there have been insinuation* about " black mail, and all that. But I believe it is now pretty generally known that all this originated with editors and others who hail been envious ol that prospeiily and success which Mr. Bennett's enterprise, industry anil ability have secured. Mr. Bennett may have his imperfections. That lie has his enemies wo all know. But he is now before you as a jury, and h? is to be tried as any other individu. al. He is to have all hia rights. Let us, then, try this libel on Anthony Dey, and nuthiug else. Irrespective of the wishes of his friends or enemies, let Mr. Bennett bo fairly tried for the alleged offence, and for it alone. We shall see whether he has done any thing more than what any other editor could have done without being noticed, at jeast so far as judicial investigation Is concerned. Mr. Jordai* here concluded his opening, having spoken ahout three quarters of an hour, and the court adjourned till this day at the usual hour. The court room was excessively crowded. Mr. Dey was present, and, strange to say, like Uncle John in the Cockloft Family, looked quite comfortable and perfectly at ease. BY THE SOUTHERN MAIL. OO-At the time our pa|*r went to press, the southern mail had not arrived. v-?iy inuiiigeneti Care ofIIichmond Woodhull ?This gentleman, wu?> was charged by George W. Miller, of Tattersiillh', Broadway, on Saturday last, with forging his check forStfiOO, which was discounted by Mr. Hicks, ol Wall street, voluntarily appeared at the police nflice yesterday, attended by his counsel, E. M. Peck, Esq. He stated, upon his examination, 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 admitted to bail, and alleges that he will be able to show most conclusively that he received the note (rom Miller as a genuine one. This is a very strange transaction, and the expose is looked for with great interest by those concerned in the art and mystery of the business. The Fates would have it so.?A few weeks since, a fellow named Thomas Doran escaped '.rom Blaokwell's Island, where he had been confined for larceny, and in a lew days afterwards v/as rearrested 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 application to a judge with a copy ol the commitment; but deputy keeper lloman, uwake to the interests of the community, wrote upon the copy of thecommitmenl, "escaped from Blackwell's Island, and four months to serve." The judge very properly refused to grant bail, and Tom was set down for trial in the Court of Special Sessions yesterday morning. In the return Mr. Homan again registered the ominous words, " escaped from Blackwell's Island," ?_ ? i t"\ c.- ? - ' 11 wvi;., mm L/urnii nnuing mix an attempts at escape by any legal means were fruitless, took advantage at the carelessness of the bevy of tighteen officers attached t? the Sessions, and walked out of the court room, hat in hand, as though he had never been brougut into it by force of law. This is an offset to the two recent escapes from the City Prison, and is another evidence of the lack of attention to the duties of the court, as undertaken to be performed by (lie officers attached to it. The Preventive Police.?While perambulating the streets of our city atalate hour last evening, we were accos'ed by those indefutigables, John H. Lowe, Francis F. Smith, Barber, and Drinker, who have been recently organized into a first district mght police, under the immediate jurisdiction of Justice Mats-II, 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 m different squads. Musical.?Signor Rapetti intends to give a grand concert next week. He will be assisted by eminent talent. 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. (0- Col. S. Pkrky, whose advertisement appears in our paper of this day. is not t(ie same who deli? ^ered a lecture some time since, ut the Tabernacle ?n the subject of " TtxaHe will go into the sublet he has chosen?intolerance?with a perfect rush. A Beautiful Print ?Colman, 203 Broadway, us published a very beautiful litlwtint of U. S.sloop >f war Ilornet, at the low price of $1 A. Mail from Albany.?Pomeroy <Sc Co. came in yesterday from Albany, via the Housatonic railroad, with papers from that city of Monday. This road j now open, and the trains go through to Albany without any detention. Ship Launch?Tomorrow' afternoon at a quarter rast three o'clock the great packet ship Montezuma will be launched. Sleighing.?The sleighing throughout the city was never better than now. All who can obtain n deigh improve it, and dash ahead at a great rate. The weather is beautiful. From Albany.?We are indebted to Pullen and Copp, for Albany papers of Saturday evening No appointments mentioned. James G. Bennett, Esq.:? Sir :? Many of yonr subscribers, resident* of the Ninth ward, are seriously inconvenienced by not receiving your valuable paper at their houses befoiy 8A and sometimes 9 o'clock in the morning; now as Business men cannot wait at their homes and neglect their business to wait for the paper, they consequently do not see it until th? evening. The Sun paper is delivered in the same neighborhood by 7 o'clock by their carrier, and why is the Herald carrier so dilatory, "Can you inform me!" Yours respectfully, A Ninth Ward SubscriberAnswer.?The Herald carrier lor the Ninth ward is requested to reform his practice, or we shall have to reform bim.?Ed. Hcrahl. Welch's Olympic Circus ?The public should liear in mind, that this wonderful establishment has ?ut a few weeks more to remain in this city, and all who have not yet enjoyed an evening of social, rare ind instructive entertainment here, should not neglect 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 anil fashionable audiences?it is beyond question, the most gorgeous, novel and amusing affair ever produced iti 'his city. Chatham Theatre.?A very attractive bill is presented for this evening. The oeautiful play of the " Orphan of Geneva," is announced, with a very excellent cast?Mr. Thome sustains the part of Carwin, in which character he is ulmoBt without a rival; Miss Mary Duff, a superior actress and an exemplary woman, appears as Therese. The thrilling drama 01 the "Robber of the Rhine," with other attrnrtionu i>r*a?nt nn uncommonly en 'eriaining bill, and will undoubtedly secure n full bouse. Tbe entertainments offered at tins establishment are infinitely superior to those presented at any other theatre in the city, and the prices of admission being much cliea|>er than at any other place of amusement, it is nightly thronged to excesa by orderly and respectable citizens. ^ (Ky-The beautiful Do-hum-me, bride of the young fr,va chief, Cowpick-ke, though ihe has an odd way of orlB. meriting her husband. and painting heraelf with re/,l0che, ii yet 10 beautiful, amiable, and modeat, a* to creator |H>werful lenaatlon, and ona deeper often, tha n mere c. riosity. The niece o( Black Haw k ii alio a very interci ing creature. They apeak not a word &[ English, but talk nature's own language with their b.right expressive ryei. Never have we aeen *o nolde a group of chiefi and warriors? and perhaps it ii the la?t that may ever viiit Ul. ft?- VELPEAU'S LECTURES .?The following ii h? manner In which the celebrated Volpeaii, ol the hoi. pital of La Charitle, ipeaki of hi* unrivalled remedies for Ire cure ol gonorrhea?" In thin way I tyrve trie,) an iminenio numlier ol cn?ei, in whom every other aperies of 'reatmettt hatl been tried withnut itienmra." Velitran'a PlUaaro now 10M exclusively in this country,by authority ?fthe College of Medicine and Pharmacy of the city of New York, at their principal office and cnnmltina rooms, 87 Nassau street. Price One Dollar per box W. H. RICHARDSON, Agent. i'l| l

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