Newspaper of The New York Herald, 6 Ekim 1855, Page 2

Newspaper of The New York Herald dated 6 Ekim 1855 Page 2
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MATE TEMPERANCE CONVENTION. A?l?ption o i the Whix Abolition Fusion Ticket. The Opinions and Habits of the Candi dates Canvassed. WAS ABIMH MANN. JR., M IN THE GUTTER? BscHlof Pknwl?i? Free Soil Harangue* KenoiiiConti, *c., Ac., Ao. AFTERNOON SESSION. Utica, Wednesday, Oct. 3, 1856. The Convention assembled at 2 o'clock. The Afternoon car* from the West had brought large accowaiona to the onmber of delegates. There could not have been U* than two hundred preBent. Mr. C. P. Wiijjams, of Albany, from the Committee on Organization, reported the following nominations (or per xaanent officer* of the er.nventlon, which were unani mously ratified amidst great applause: ? President ? Hon. John Savago. Vice Presidents? ?. C. Leigh, New York , Samuel Beyea, Orange; Jos. H. Smith, Ulster ; Ellin Chisbio, Montgomery; BmdM H. Marsh, Oswego; Geo. D. Ileery, Tompkins; L. Beaktas, Cayuga; A. Poo veil, Ningara. Secretaries ? (.'no. W. Bungay, Herkimer; Jolin B. Wells, Rings; N. Seymour, Jr., Livingston. The Pmsiuknt, on taking the chair, read a lengthy, elaborate and carefully prepared argument in Uvor oi the eonstitutionallty of the Prohibitory Liquor law, and of all its provisions, which was listened to with great at tention and elicited froquent applause. Mr. C. C. I.ttnil, of New York, then presented a eoin uanie&tion from his Excellency Governor Clark, trans ?lilting to the convention an address, adopted lasi spring, from the United Kingdom Alliance ofOreat Britain to the ehisens of New York, on the parage of the Maine I jquor law. The address was read and referred to a viominiUt? oi three, who woie instructed to prepare a suitable answer. The committee consists of Mr. C. C. l.cigb, and 1U.-YS. C. L. Warren and .Ino. Marsh. Rev. Mr. Crampton, from the Committee on Credentials, reported that the committee had examined ?nd found to he correct the credentials of -5d delegates to tlio Conven tion. (Cheers. ) , Mr Kit iiAKtiWis Mated that there appeared Ui have I ' on a mlsappr* liension in some portion* or the Sta'c relative ta, U,e mode of appointing delegate* to the o invention, a-, seme of the Assembly districts hrd appointed only two delegates instead of three. The roll of delegates was then called over. Mr. Amasa McCi.y, of Albany, said that it Neal Dow were present the Con ver tion, no doubt, would call u,on dim for a speech, Ho (Mr. McC.) h&d ten words in his possession from Neal iww which ho would road, il tn Convention wished to hear them. (Loud cries of ' 'Head, f<Mr McC. th^n read a telegraphic despatch from Noal p?w declaring the report that he had eea e.1 'o enforce the 1 iouor law in Portland to lie t.ilse ? an :rn ncenaent wbljh was received with loud aud long continued ap ^'tImTbcv. .Tou.n Mabot, from the Committee on Business, ?ported a preamble and resolutions, which were read as Whereas. A political convention held at Syracuse, in this Male, on the <!3d of August lust, passed '-he following resolu "^Resolved, That we regard the Prohibitory Liquor Act, rassod oy the LeKtslaturo oi this btate at its last session, os not only a viula'ton of Uie eonatltution. but also as subversive of personal liberty and the ri?:hts oi private property, and tliat Its r?o< al is. In our opinion, Imperatively demanded ? And whereas, another eon ventlon. consisting of a portion oi tke same party, ata convention held at Syracuse on the &IJi of AnfiiiHt last a resolution iiB follows:? Resolved, That the elloils and growing inclinations of the whlc oarty to extend legislation beyond the limlut authorized Dv'ho constitution has proved detrimental to the best interests u the Sate. I t is the duty of the legislature, not 1^ than the Judiciary to protect the rlgbtH of the citizen. A reckieis disrc aard of tLse rights has lod the whig party of this btate, under SwKutse ot suppressing Intemperance and crime to tr< nci anon urlvate property and personal liberty against, the plainest ?Sanwtcca of the constitution. This law ihou d be repealed; tor illation should not tupenndo moral discipline ? And whereas, a convention calling itncif American, held at Anburn en ihe 1Mb of September last, did not, so to ?*|* known, pnss any resolution wliateve.r upon the subject of 1 i o tul.iUoii, thereby clearly iRnorlnn tluit l?sue; and wh''r(\iH, a convention known as republican, held at Syracuse on the 2t?th and 27th days ot Seplember last, udopted a resolution as fol low ? "That llnnlv believing the ureal principle ot prohl >f lion to be light, we will resist the attempts now being made tom-event the trial ot the praotlcal working theieot In this Htate:" and whereas, i-ald RepubUcan Conviuitlon ooni'^a1''^ a tleket romDOfed In good part ol avowed and decided fib nils &RSSr?l whereas! It is of the hl?hest tmportajiee U>at all the oncers whose duties are eonnecteil with the Pro 2?hlinrv law either in a legl-lattve or executive capacity, abould receive the united support of the irlends of Prohibition W^^n\l^irw Sfth^vorable acUon of the Repub Bean Convention? a course not pursued by any other P0'"'';'1 ?anveution of the present year? it is the opinion of ills Oonvi n ttau that the interests of temperance will be best suhserved oy a cordial support of ihe republican nominees, so tar as th?-y are found to be Prohibitionists. (Enthusiastic und protracted applause. ) Resolved. That we adopt as our own the nominee! ot i ie Republican t'-onventimi? for Judges of the ^.h'uMilmffor tUe Bradford R.Wood for the Ion* term, and JosephMullenfor the ?hnrt term: and for Attorney General, Abljah Mann, Jr. (Cheers.) jfe make no further nominations ? because til St. thin Convention was called for the purpose of nominating ^ can dklates tor these office* only ; and, second, because these o.ll ocm are the only ones directly connected with the enforccini nt "tffl &re"T.a?mo,'?t ?'?te l?ue now before the ?lectors of New York is the question of entire prohibition of tbe sale ot Intoxicating liquors as a beverage ? a question which thoush recently decidinl by lecislatlve act, is, through 5e maJfeasluiee of certain executive officer., and the extraorfb nary decisions of soioe of our judges, again In issue at the PReaolved. Thai we hold the total extinction of the traffic In intoxicating liquors as a beverage lo he the c*w?ifri and nolitical reform ot the that we atlirtii the rJM't ot the people to prohibit ibis or any oilier evil which like a too! ?nd?F2K!dtog p?ttle..ce is deitroying the cl.aractor pr.e nerty health, hupplnes* and lives of thousands ot our UDow cttirrns fUllniour jail*, enlar^lnt! our Stale prisons, rrowd K S iV.. pacxliii! our almshouses, a?d fur iklt.hlnc nine out of t c;i of all the victims of the sc.ittold. Calved That the prohibitory law enacted by our la'e Ledsiature shoii d have a full and lair trial, which we are cou IWlpnt would result In die affirmation or lis wnslltiitlOTui lty. aiid ihe entire legality ot Its main provisions. We uphold It as 1 is, Kiihiert only to such amendmetita and altemtlous as shall te id so strengthen the act. nnd liH-rease Ita efficiency inputting an tod u> the traffic In intoxicating liquor an a beverage. ??? W?r" H."b"mjh;h moved the adoption of the first and second of the above resolutions. (U>ud cries or ?' Question," and " No. No,'' aud great excitement.) Mr. KktaHHi iok, ol New York, desired to be posted up in rtcaril to tbe opinions of the individuals nominated. Are those three gentlemen named in favor of the I r hlbitorv law? Cries of " Yos. Yes." ... The I'RlwinKNT said that they were understood to b.' ? Rev. Mr. IliW ? I will ati-wer for Bradford R. Wood. (Ix.nil cboers anil laughter.) I have known bun <>r Ln ; I have ate at his table, ami cau safely answer b.r U_ onc]tnr.>s of Monroe Uo|*d that some gentleman who had conversed with tbe three gentlemen named in the resolution, would state to the convention what is their position in reference to prohibition, so that it may go ontto the t?ople of tbe State with due authority. He SlU upon Mr! lngalls, the editor of a ??^ranc? paper at Watertuwn. to state what he knew of Mi. Mul Mr M Atu-it ? I have not quite done yet. but if you are ?atiitied as to Bradford R. W.asi I will say no more. {Shouts ol "Yes. Yes." and loud cheers > Mr F ALTON kr, ol New V'ork ? Thifi a kind "f vilio^alc business, und 1 do not quite like it. I want to l>'' that these men are temperance men. I have come here to support none but temperance men. I want no whole sale business done here, and uo party principles wliat ror introduced. If any such thing is going lo >e done 1 am out or it. I am a temperance man and 1 vote for temperance men and none others. If 1 am atsiirtd that these men are temperance men 1 "hall lie satisfied, but not otherwise. (Slight applause. ) Mr I sua its, of Watertown. mounti-d the platform anil Mvi.l-? I reside In the arte town Mr. Mullen, and since hia nomination by the He^ubllean Convention re cuse J have tailed u pon him to learn his opinions ami fading* on the subject of temperance and the present Prohibitory Isw II. ?t .ted that ins antecedents w?><? well known to the citizens ' .letters n county as :i trie.. 1 of the tmnperane. r une. In the W ishingtonlan time be used frequently to deliver lectures on trni^ance in that county. I b ?ve not known of h?" drinking io?i eating liquors lor six or -even yeiirs if be ever d l o a bis life, lie l? a very abstemious temperance man. (>.n the subject of prohibition he tated that be .ltd B-'t qm -lion the' constitutional .wer ol the l.egv iat?r.. to aars una't prohlbitimr entirely the <*'c ..f . Sinks as % {leverage, | Cheer*.) In reg.' d to the p ? sent law. he said tin' he had never examined it. or reu the opinion of Jurists n to ? rence - its provisions Mi h reference to the ? rcb, -ei 'ur- and destruction of into* eating Wquor. lie ba no i ft about the powci , ir vm bquor be adulterated. <-yni|itom?of consteenntlon 1 was not so cleat upon Hint p int (be' mine !?? uad n 1 ex unined the authoritte.i. ?i oyen the oill itself With reference to the right >>t lo. Legislature to authorixe the destruction of pure 1 qioir t tl.ere we e any ? 'ch lu the ?ouatry. (Clieet-) I *t . - i\?tmti?lly, the inform i tios 1 have derived from blit and it ? i> what tho-e who knew him per-onal!y were we'd vw*.? . s. Mr. Hounr"-* ? Vl,fy f?' ' K **"t!*m*n, from ,.e? York, said that if he was call* 1 upon ?? en lo- -e> Mann, Jr.. he waiite^l to know som. thini .f his a i ec ? dents. H* was ouce foun l n the su-e.-t. ?f Se* \ ..i dead drunk. (<Jreat ensation.l If ?? .re aiW upon to endorse a man of tha' kind, i i . >r so -.w 1 pmlilbltion. (Increaaed sensation,) Ur. (?nwniN* ? 1 wa* ff dng to call >ti tie \ \t f 'rampton to speak on that Tery point. Heluww Abij.,i Mann. Und rails for "(Hmpton , A l?w>s ?T? wished to know if Mr. Mullen ha>l d. -d hitr*alf nnci'ilvocally in regard to tbe ant aort.y ,.i, l*gi?l*tur? to p*ss not the. but a Prohibitory .an Mr Ixauji ? V.ntirslv -o The ItmauAi*? 1 Then t am natlsled |Clieer> .> Hev Mr. Dunn a ? I bav? lone lelt au interesl in Jie prohibit<iry law, aud t>?>. o'.e it my bu'i ie ? to a? or fain the vi.-a . of nomine, ,-n 'dial que ti 'n il-in< la the city of New V, ,1. ..... ?v ?vl h >v :?if -me leisure 1 called ujwin Abijsh xtsn'i I 1 told liiin I calleil to have some , n n.t i bun to ascctaltt his views with reb to b ? Prohibitory law. He re aiaiked that he was r. dy ,nsv?ei :,ny questions I miglita-k oi would gi' e u hi- wen |n a few ^orl?. In the tire* place he read me a r a of * lett.-i w'oieli be h id written the day previous ind -cni to a distinguished politician in this Sta'e. in wluch ie ? ild be bellevesl it not only ti e dutv blit that it *?s e?|#.! ent for every mndidate to vp?.?k out pUinly u|v n every ut.Jeet and grower every <|iie ti..n which wis respectfully put to Jim. Il? iead m? Ike letter, sod ftCVctward* cxplaincl tuusflf mere fully. He ?Ut?! in the letter that he had no iiuuUod whatever ia regard to the constitutionality of the prueent Prohibitory law (loud cheers), or in re gard to the powet of the Legislature to any prohibi tory law. (Renewed cheering.) He went on topve an account of an interview which he recently had with two or three dintiDguinhed gentlemen in the leguJ pro fcpaion, who have favored oa with thoir opinion*. 1 bejr pardon, not opinions; they are not opinion*, but arguments against the law; but he xiateu particularly the conrursatiou he had with one of those gentlemen, and the virtual confession 'if that one that he 01 ini< n ho bad g<*>n win not eound. (Ap plau.-e.) He said that he had no <loubt whatever in re Sard to the couetitutionulity <* the Uw, and tliat if elect ed he would endeavor to do his duty in enforcing it. lie remarked that h- was not a pledged total abetinence 1 man hut considered himself a very temperate man, and as derided in gustaining a 1 rohibitory law iw any man you can tind in the Wate. (Loud cheeiv.) Mr. ('. 1). W HKKt EK testified hat he too had recently ?I en Mr. Mann, and hail heard from him the same state Mr .'oiin T. HiiDlwro, of Bio< Vlyn, was the next wit ness. He rt*id: "J have been a. ciuainted with Abijah U.ii.u lor jwiri, and have often UlVwl with him on the ?uhiectof the irohibitory la v. 1 always (bind him in I.ivor of the right to j am a Inhibitory law, and I am ratttied that we urn li miua < U'> man who would do ub Kieater honor, or he moie lu'thful and true to the caUrO th?n Abijah Munn, Jr. (f'heers.) 1 am for endowing him heart and i.and. I nevi r heard ol that man drinking I ho first kIuw of liiiuor. I liave known him in Washing ton, in New York -i.y, ..urt eli.. where, and I never saw the man when I thought he wan the worse for liquor. ' ^m'^^B.^Wiilki ku of New York? If the candidate is a teetotalJer 1 say all the better; but, i? the language of a , rominent public jouxtal, it Is not our business to in nire what men's private habits are. ('<>ud cheers, cries i f "Uocd," i.nd rhght marks oi disapprobation.) ili X. 11. Uqouto.s? We are not to set ourselves up to ? ay .hat no man who parties oi intoxicating liquors rhill be a ri ' hibitiomst. The policy is ;o 11 iminaie men who will urge forward the principle we come h-;re to-day to advance, if Abijah iiunu, ev u though lie lies in the gutter, is in favor of prohibition, wo am bound to support him; but he Is no rach man. (Applause.) Mr. Scott, of Orange count y> asked it the adoption of the^e resolutions would bind the convention to support the other gentlemen on 'he republican ticket. Loud oties of "No, no." Mr. C. Robinson, of Orleans, (an elderly gontleur.n with a very uuaint style of oratory,) then addressed tho convention, ilo said: ? 1 uevct was iu a State convention before. t may not have clone much good t> tho tempe rance cau?e in public, but 1 havo worked steadily and faithfully in that cause at homo all my life. 1 nave worked iu my own house and with the aid ol my better half. I have reared up seventeen children. (Roara oilaughter.) I mention this to how you that if i have not done much anywhere elne I havo done It > in my own bouse. (Renew od anil exces.sivo laughter.) We are all teetotaller* to the backbone, and my children are scattered through t>ix stales. (Applauae and laughter.) J havo cloven girls and nearly all their husband# are tee totalled, (laughter.) There are but two or threo in tlw whole tribe who are not teetotallers. But, my friends, we have other work to do besides fighting alcoh ?l. Ihcro are other lilthy habits benides drinking, l^et tobacco go this time; but I inu*t say one word about ?egarn. (Roara of Jaugluwr.) Now, you k into the narroam of ?ny hotel ?iny where, and as you open the door the smoke will g.e.h out as if there was a neat of?of? A Dklbcutk (prompt tug) ? Young volcanoes. (liiugti ter. ) Mr. RofciNbUN. ? No, *ir, polecats, f renewed laughter.) A Hogur as Dr. Johnnon faid, is a roll of tobacco, with a lire at ?ne end and a iV?ol at the other, (Great laughter.) Young men, y#>u have work to do. You must rouse tins community from its s< niuality and devlllshness. The true foundation of a Prohibitory Liquor law is total abstinence and efeanhnesM from all flfthinof*. both iu the llenh and iu the spirit. (Ones 01 t( question, que jtion") Then 1 will come to the question. I go for men who are teetotallers. You want men who not only profess to be prohibitionists, hut who are practi cal abstainers. (Renewed cries of " question.") We want men who are not only with us for prohibition, but with us in the great work of moral reform. (Here there wore renewed and persistent calls tor the question, during which the speaker retired from the platform amidst great Mr. '&Uksi' miMly suggested thai- although time was precious, he hoped gentlemen would be allowed to ex press their opinions. , ... . 11. . A <?kay Hhadkd Dklwutb waxed very indignant nt the imralience manifested by the convention, He declared that he was a secondhand revolutionary soldier. (Ijiughter.) His father was in the Revolutionary war. (Cheers, laughter, and loud shouta of ' question. ) llo wsts in lavor ol temperance, but did not believe in gag* nine anybody. (Cheers and confusion.) CKIHS of "<ioon," "No gug Uw," and great commotion. M:\ krai. Dkluiiatw, much excited, touk the floor and demanded to be heard. , , . . . Mr. 11an<x>i k, of Orange, begged a hearing, and at last obtained it. I wish, said he, to make one remark in rela tion to Abijah Mann. It has bcon said that at some former reiiud of Mr. Mann's Ute he was a drunkard? in the cutter. (A voice ? " lie never was"? and chears.) II. is very possible in wan. (Ither respectable gentlemen here have bei n iu the same position, and aru now as good temperance men &.-< any of us. (Loud applauae.) It is no inatobje tionto Abijah Mann. The great question i? whether he is a prohibitionist now. 1 am a toetotailei uiys-lf, and 1 contend that it he has been in the gutter he is bette: qualilled to lepresent our cause than if lie bad never been there. (Cheers and sen*ation.) Tha. simple tact is nothing at all agaiust him. If these gentle men are now tomperance men on whom we can rely, 1 am satisfied that we ought aU to a?ree upon them as candi dates, and tlien we rhall t>e able to present a bold front to our opponents thai will secure success. (Cheers.) liou Ueij. Jot, of Tompkins, followed in u lengthy speech. He said:? I feel that it is of thi) first importance that we should separate well satisfied with the candidates whom tie nominate, and, therefore, that at this point there should be a free, full and unconstrained expression of opinion. An attempt is now making, und will continue to lie made, to divide the temperance hosts. Tins is the nuino-uvie ol the enemy, and if w? separate with a half heartednctts in reference to our candidates, and are una hie to hay at home who and what they are, we kIiuII com mit a gieat and grievous blander. (Applaute.) 1 am glsd that umplo testimony is brought forward iu regard io the candidates whom we are to support. I need not say that 1 am not a political partisan, but I am "hart, very haul, on the tem\ierance question. (laughter.) us leave this place prepated to give a hearty and cor dial support to ull our candidates. With Bradford R. Wood we are all -atigtied. (Cheers.) Next comes Mr. Mullen. Well, about those pure Bpitits.' 1 think it will be long before the Judge will be called unon to test the constitutionality of destroying pure spirits in this Mate (Ijiughter.) ?o I am satisfied with his declaru tlon in regaid to the constitutionality of prohibition, thouch 1 do not know what political party he belongs to (Cheer?.) With regard to Abijah Munn, 1 should be glad to know that nny candidate we support ija prac tical teetotaller; but at the -Mine time I do not think we ?houlil insist upon that. Prohibition is the point we aim at, and if we can carry that point, even through the agency of lukewarm and doubtful ftiendo, it mates no difference. (Applause.) We have every reason to hope for success in the ap proaching contest. We have a bright prospect before us. let our adversaries say what they will, if we are true to ourselves, we shall succeed. Hitherto, WC have always expressed ourselves ready to co-operate with those w ho would give us temperance candidates. If we tind good and sound men nominated by others, let us tako them and elect them, without asking whether they are whigs or democrats. (Loud cheers.) Mr. WtLllAMS was not satisfied thai Abijah Mann was a I temperance man. One said one thing, and another another. One said he new drank ; another that he was a moderate drinker, lie could not vote lor a man who was a drunkard or a drinker. He wa? iu favor of liav ng a teetotaller. A Voice IHi you lersoually know anything against Abijah Mann f Mr. Williams replied that he did uol. hut nothing hid l?en said cere that satisfied him that Mr. Maun was a temperance man at all. Mr. Wm . II. Bi rlkioh said that the temperance party had always, in former cattTaasea, adopted the plan of taking up men who had been nominated on other tick ets. who were sound upon the gre?t question of prohibi tion?but now (i new plun ?f action was proposed by omu of tluir I - 'ends. They ?m *t .. member that this Wi nit a contention of teetotallers, lie hoped they were all tec tot II Hers; hut. wverthele- s if a man cam* there as a del. gate, who was in principle a prohibitionist, hut who w?s not a teetotaller, they must admit him. He referred to the faet that temperance men who were not prohibitionists hml some times been supported by the tem perance party, in preference to men who were iu favor of prohibition, although not practical teetotallers. Iu rete rcuce to Bradford K. W. ??! snd Joseph Mullen, there no eontrovercy Both of the e tncu we ka?w a* pled^r. teetotallers, "l do n <t, i ontluue-l Mr. B.. claim Abij m Mann Jr. as a ple<lged teetotaller. ?'n the contraiv with that manliness and honesty of ehara-ter which dis tinguishes him and whi -h has ma:ke i Ids wh de career, he avs baldly that lie l? not a tee'. -taller : but he Mieves In the principle of prohibition, and he aU . believe* that, as I said this iiii.nun; the people are aboic parcbni ni s, and that wluit the jxs.ple declare t .e law is constitu tional, rjc n." i"'- U.ud Cheers.) Who would accuse Abijah Mann of concealing hi? opinions or -ailinn indei false eolot - Id., not -k as a p..liti. iin. I entirely igi.ore jmllties in this . nne.-tb.n I am first la-t itid ai ill times, a r. bibit -ust in i with ill who -'and n;. n that ground I mi read* .'.. operate (Cheer-. I ui ti- ., .|.i.tia'. the '.'i t'.at : le i -upjorl p....'dl.i'i..nls*- anv men * ire n ?' in ad.ii' ? n t" i iat ? eC'ot ill." - Innif- '*? UK e,ual ipM'1-' -i ;>r.." .! ? eetotall." but I would rati- hue a prohib i.ini.t w,... occasionally take- his gla of wine than a temp, ranc mau who guores the gieat principle of pronibitiou. It is true that we have he.-o sent here a? prohibllionl?ts. hu? our c mstituents evpect that we have some oractlc il I common sense, and we must adopt a (uae?ica'. Course , and go in f<? victorr We have but tw ? courf. ; , pur sue. We may either adopt candidates irom the ticket already in the field. ?? nominate candblates of our own Which of these is the most practical coarse* ."hall we g ? to the so called American party 'ot a eanlblate f. At tornev (ienerah Thev give us Mr. I'uslung. win. is the i .til. t'eneun of prohlb'tl"ti and '.e,o>?e In- |..i-.mi habits are' not anv moie correct 'ban <h I Amk V nn -hall vie g.. and a-k the Iri.d- ;o- a emu, date The* will give us Mr. .Sutherland tb great on ... elier'i nee ?-* 1 ? | ' ? : ? ' 2 tb> ther dav? a man whom I mv-el' heard den u:i ? ' ic fru-uds of prohibition laiiati s. and the i? i a (ana al of Samuel J. Tilde.), th- "ft n anin~' I know nothing . but *he convention which nominated h m passed anti prohibition resolution.. The ouly condliiate now before the people who behave, in the constitution ality of a Prohibitory law, o Abijah Mann, .lr- (I beers. ) I tlouK we 1 v..g,:eiate the inje.rlance of the oilice of A' l?o ?!. v 1 :. 1 oral Whi' hi. the Vttoroey-tJeneral to lie .< tl.e 1.. v.-rn a bgal ?dvi->-r. Now Abijaii Unnn would ol . on -e in that capacity advi?e the governor f h^ ! , I'roliibitory l.>w wis conslitu' oinal. What else ha he to do Why m a c. rtain i ntin?cncy . he may have to ar(tue tb" lnc'stmn ben.n the (louitof Appeals Well then *11 we have a r ijriit to demand is ? 'iat our . audi. '.ate I ciic.c in the ? n-tl:uti< nallty of prohibition. We may then nominate Abijah Mann, and elect him, and thus Is. sure of an Attorney-tieneral who believes pro hibilion to l>e constitutional; or we may nominate as in ilc|?ud. ut candidate, and e!?ct nobvd)? by bo doing permit the candidal* of the hard'* or of th ) softs to go Into office, and then we shall be tore of a man who is against as. This is not merely a quest Ion of ex pediency. Principle requires us to win the victory if w? can, and God helping as we will win it. (Load cLeers.) "We will take the instrumentalities God has placed in our hands, and with these instrumentalities we can and will conquer. ( Applause.) There is another question besides tint of prohibition, and .! though we have not been cun vi ned with reference to it, yet every man who has a heart feoU it pulsate within him at the thought of that ques tion. The gravest issues are at stake in this contest, and the lives of our frknds in Kansas may perhaps depend on i\e action of New York In the omiiig election. It is tor us to fay whether the virgin soil of Kansas shall be ino^ nai.ined with the blood of freedom's martyrs, pouied out by the assessing of Missouri, who are invading that Terri tory w ith rifles, revolvers and bowie knives, or whether the insolence of tliat usurpation of slavery shall be checked by 'he mighty voice of New York, sounding above all trie din and tumult of the political contest, like the voice of her own Niagara, in utter and stem repro bath n -of that innfuiiy. (Tremendous applause con tinued for some moments.) In God's name let u<s beware how, by doing or refusion (o do, we add any streug'h to the iniquitous slave power, or increase the peril of our friends and brethren in K in .. . for if their blooi should flow in martyrdi m tor freedom, verily the Lord will re quire it at our hands. (Enthusiastic aud protracted ap plause.) Rev. J. C. W-akiuen, of N. Y. , said a few words, amidst c lamorous calls tor the question. Mr. C. Baktlbit, of f'oughkeepeic, deprecated the im patience manifested for ue question. This, he 'Aid, is the turning point with ue, and it is important that every man should he satisfied aa to the noaiiuees. Oi this de pends our victoiy. Our enemies have uo hope except in ( hiding us. Their organization is such that they ran not he divided. When the election comes, you will find .Ue demociats? "softs" and "hards" ? uuitiug to carry anti-prohibition candidates for the Legislature. Of the Know Nothings 1 say nothing, foe of them I know nothing. (1 juighter.) I Jo not spe&k in derision, brethren. (More laughter.) I am not a Kuuw Nothing, and I roally mean that 1 know nothing about it. 1'hero may he another convention held in this State before the election. There is a party ?f straight out and out whig*, and it will de pend much on the action of this body whether they bold a convention or not. If they see that there is no pros pect of dividing our ranks, they will fall in where they properly belong ? among the old hunkers, (cheers and laughte.',) and we shall be a clean republican party. (Loud chef r?.) There is no use in oncualiiig the fact that we are mj h. Though wc only nominate the candi datesfor Judges and Attorney General, yet most, if not all of us, will support the whole ticket of the' republicans, for they are nearly all good temperance men. Preston King is a pledged temperance man. (Cheer*.) 1 have no more doubt of that man's tomperan-c principles than 1 have that I am here, and if tin re was any cause for it, 1 would move to adopt Preston King. (Cheers.) 1 know that ho shall have my vote. (Loud cries of "aud mine.'') It is now near tea time, and 1 move that w take the vote on these resolutions. (Cries of "No," no.") W'm. C. Blocs, ef Rochester ? I have been acquainted with Abijah Mann since 1838, and ha\ e known him during that timo as a political opponent. I know that he dranii some in 18i39, and from that time up to 1645; but I hu.e ncvor known him to drink sin o then. Drunk as ho may sometimes have been in the devil's gutter, ho never got so drunk yet as to make himself a pro-slavery man. (Loud cheers.) So, you see. the devil never had him much in his power, and now he stands m erect as any of i us, and you may depend upon hirn. (Cheers.) sir. Fouuoftis, of New York, ( the youth who made th'! j charge of drunkenness against Mr Mann,/ here appeared upon the platform amidst a storm of shout# of ''ques tion" and marks oi disapprobation. He said ? lu the "ity whero I reside Abijah Mann has the reputation of being a ' 'moderate drinker," and hogies so far in his modera tion that once in a while it is necessary that his friend.i shook! take care of h'm. (Great sensation.) A VoiCB ? Are you a member of the hnow Nothing order ? Mr. roLDEMm ? No, sir. GUvxVoicS ? A re you a rn> mher of .he United Order or the Star Spangled Banner ? Mr. PoiJitattT ? 1 wish it to be understood that 1 do not belong to tliO American party at all. I belong to the or der of the Sons of Tempernnco. Mr. HllDBKTH, (very much excited) ? I will hold yo'i responsible for what you said just noiv ahont Abijah Mann, young man. (Cheers.) My name is JohnT. liildreth. Mr. PauiKUt'B ? 1 < oly state what is the reputation of >!?-. Mann In the city Of New York. Mr. Iliu iiKni ? I deny it. (Cheers and confusion.) A Voice ? Po you know anything agaiu^t him of your own knowledge I Mr. Pou:emi:b, (not noticing the question) ? As a tem 'eranreninn 1 cannot return to the or .lor to which 1 be org in New York, and say to tlo-m with that imputation against Mr. Mann's character I have allowed his name to be brought before the temperance public, for it will he hit Bed at us that we have net op drunkards as our lead ers. If any one will prove to mo that Mr. Mann is a tem titmice man 1 will go for him, but not otherwise. (Con tusion, and shouts of "question.") Hon. Jam. .1. Ridkr, of Queens county, was introduced by Mr. fcitebbins. and said ? 1 have been a total abstainer for twenty-seven years. Abijah Mann is my townsman and my n'-ighbor. His business place is in t'haur.cey court, Vail street. 1 have been inti mately acquainted with him for the last four yours, and 1 ha . e never seen him when I even suspected that he was in any way disguised with liquor. 1 have been in com puny with him frequently, and have never seen him iliinl: a drop. 1 have hoard it said again and again, by his own fninily, that he is an entirely sober man, al though he has never adopted total abstinence principles. Many Vcun ? "That's so," and cheers. Mr. Riukk ? 1 en mo here feeling proud that 1 mi^ht hive nn opportunity to support /l.ijah Manu for Attorney General in this convention. (Loud cheers.) I know his sentiments on the subject of the Prohibitory law. He believes the Court of Appeals will declare the present l.iw to le constitutional, and that it is ia the power of the legislature to pass a Prohibitory law. l know him to bo an honest man. What he tells us we may confidently rely on. Be will never deceive us. (Great cheering,) llr. Perkins, of Herkimer, mounted a bench and called out, " A motion has been made to adjourn; 1 demand a vote on it. (Ixiud shoutsof " no. no." I do not happen to agree with the gentlemen who have spoken, and I want time to express my views. (Shouts of ' go on now," aud ' hear him." Dr. Perkins ? I cannot go on now. I am too darned hungry. (Laughter, and cries of "Adjourn" and "Ques tion.) Mr. EfTARBOOK, of New York (shouting at the lop of his voice)?' This motion to adjourn is designed to injure us. If 1 were a i umsellcr that is the very game I would play, or if I had an axe to grind that is just what I would do. Come up, gentlemen, and face the music at once. (Cheers.) I tell you there are some two or three here? aud I do not think there are more ? wh> would not vote for Abijah Mann if we were to stoy here till the cm ?! 'if doom. (Great cheering and vociferous cries of "Qi ? tion.) Tue question was ihen taken on adopting the pres'nMe and the two firs; repletions, being those relating ie nominations, and on a division there were found > be but four vote" hi th negative. This result was vei ved with tremendoor applause, and cheer after cheer m called for tmd given. At the suggestion of one of the mi nority of tour, the vote w:is made unanimous. In order still further to clinch the matter, Mr. Bt n i wen moved a recon.-ideration. which was negatived. John Hawki.ns, of Baltimore, the temperance lecturer, was then introduced, and after n brief speech from iuui the conventiou adjourned until 7 o'clock this evening. EVKNINO 8KSSJON. The Convention was again called to order at 7 o'clock. Itev. Mr. M a Kim announced that the se.vioe* of John B. Gough had been secured to address the people of the central portion ol the State during the canvas*, and that lie would commence immediately. (Cheer*. ) The lesolutious reported thin afternoon by the Giiu tee on lliif-iness was then taken up for action. A !?'i?i"atb moved to amend the first of the resolution* liy insertiug the words ? "And not secondary in Impor. tance to the prohibition ol slavery in the Territories." loud cries of "No" induced him, however, to withdraw the amendment, and the resolution* were thereupon all adopted, vrm itm. Mr. Marsh from the Business Committee, then report ed three additional resolution#, which are a* follows: ? Resolved, Tlmt the opposition which thlsereat and Important art has encountered. Is imtnilestly not from the people; nowhere Is It found prevailing In the rt'iral districts of the Mate? it arises chiefly, and almost wholly, in the great emporiums of ttalc. nnd ini' lis those ? ho roll up wealth In the liquor tr><le "Hy the crafl," they ory, "wc have our wealth." and hv lat wealth they suftaUi a hostility to the law and hindrance* Y, its execution which may well excite the fears of all who desire the pei nitinence of our free institutions. Ke-olvnd, That It he recommended to our trlends throughout the Mate to adopt lor legislative. Judicial . and executive ufll -opt such candidates In their respective districts, In the ?the: ir ties, as are worthy and reliable on the question of prnhtbitou; but where none such arc found, thut independent rad ii tales be put forward tor the support ol temperance voters. Resolved. That we honor die honorable Senate an I Vs*cm bly foi the gift of a Prohibitory law at the last session; w ho nor hi- Kxcelleney, the Oovrrnnr of tlic State, tor recninnu nd ins and promptly giving t' his sin nature ?ud addlnii on a suit ahle occasion, his firm anil decided appmbatlon: we honor and thank t bo e >tis anguished jurist*, our Savage, Ktlmonis, I'onoJi ling, Rockwell, Bacon, ShanXUnd, Weiis. Huinphrcv. and others who have so nobly given their testimony to it* oorrsct nes* , ami we look to the people. In the Arm rontidenee lb*' the , in this enlightened state and In this agent the world, Will cite it their pious and hearty support. A.ter fpeerhe* in favor of the scieral rendition* from Me- Marsh. t/eigh, Stehhin* Rl -. Crampton. Joy and other gentlemen, these resolutions w-.r adopted ? rinlim without dissent. Tlie Rev. .!> H > Maiuoi then presented the follow fug; re so'uticn. which was unanimously adopted ? Resolved, That in separating wc plan- ourselves upon the broad platform of the total prohibition n' ihe trrnlic in tntoxi cat it w ! moots as a beverage; we hlnil hands ml h-arts to gethcr tor the sustenance a id thorough enfoi i emen of the Pro blblton law in all our borders, and we ph'dge otal abatlnenoe from ali use a- one great security tor personal t?aiiicr?nc.\ righ' legislation, judicial action, obcitlen ? to law m i us hat lowed influence throughout the community. tin motion of Mr. |{inwm?n\. the cf>i> was authorized to appoint the Stale Tempe; m e Committee, t'i consist of two from each judicial district, to -ewe .or the ensuing yes t . The l'RKni>svr thereupon appointed the following gen tic men. as said committee: ? Hon. C. C. I.eigh \. V. Hon Horace tireeley, V. V. Hon. Jame- J. Klder, Queens ; Hon George Hail, K ng* Kdgat B. Pay, Greene .lnrne? Hartnes- Schenectady; li. S Allen. Washington Oliver Teall Onondaga Hon. Ha* nfel Ward well. Jefferson; Hon. tieorge |>. Itcei-, Tomp kins Hon. Cha*. llatliawav, Pelawtre; I -? '<? n II nkin?. f'attiga Hon. John W. Steohins. Monroe. Hon Tlienms lag,' art, fiene-cc A. ScoTell Niagara. ? in motion of Mr. HttimKTil, it wri- voted that tlie pro ceedings ot the Convention, together with the ad iress of | the President, lie printed in i?mphlct form, and that the ! secretaries be a committee to superintend the publica tion. | Mr. Amasa MtCov. of Albany, editor of the I'mMhi ti mut. offered a resolution calling upon the (.lends of tilipmM eanse thn tdbMtw RM? tamtiml I relnvigorate temperance socletle-, orders, alliances anil lodges, and to empltyr ;inew the whole machinery of moral suasion, including meeting", lectures, sermr.ns,

tracts, pledges, banners, pnx-??*i<ins. mu-dc eloquence and song, and last but not least, the generous and sy? tematic suiqiort of tem|.eranee periodical*. The resolution was cariled. Mr M'i'ov also submitted another resolution In refer ence to the propriety of returning members to Congress with a view to the passage of a law prohibiting the im JH rfetivu vf *4 wmc? and -|uit*, but at thin w?? ? ?tcp farther than lleuni. Mureh, Barkigh, and ither Idling t pirit* were prepared to go without di*oun?ion and <W i.beratioa, the mover withdrew it. A communication wae pretwntert ffom tertain tce t< tuJltm at Kingston, Canada Went, inviting attendan. >i at a grand Prohibition Convention about to be held in tV at Province, and after wme disencKion an to the pro piety of recogniiiag any ?uch " out wide barbariant)," a small delegation wax ap)K>inte<l to make a pilgrim.tgu into the liCighUuing Province at the time specified in the in vitation. Thanltg wore then voted to the President, and with three chrere for the ticket and sundry cheern more, the convention adjourned line die. THE BLACK MAIL QUESTION. An Old Bald Headed Libel Before a Court of Justice* Am) A STRING OF OTHER LIBELS. THE PLAINTIFF IN THE MALAKOFF. Superior Court? Special Tetm. JAMES GOHDON BENNETT AOT. EDWAKD P. FRY. Skit-kmum 27, 1855. BvewoRin J.? Tbe plaintiff moves to ctriku out twenty five distinct portions o f the answer, as irrelevent and re dundant, and for Buch other relief as may be proper. The action 1b libel. The complaint allegoH that the de fendant maliciously wrote and published, an<l caused and procured to be written and published, of and concern ng, Ac., "a certain lalie, scandalous, malicious and de famatory statement," which in net forth at length. The complaint states the publication of this article a* a single en use of action. Tho artiJe contains Mineral distinct mature, either of which would make it libellous. It affirms, among other things:-? 1. That the plaintiffs course an editor drove one woak minded man to commit suicide: and 2. Caused nine other able-bodied ones to horsewhip him through the streets of New York. 8. lie formed a deliberate plan to attack defendant through tbe columns he controlled, h ? ?au-e defendant re futed him black-mail, an<l denied to .iny of his editorial cr repoiting crow the privilege of the free list. 4. lie sought to ruin defendant's busine?s and blast hi. character, lest other operatic or theatrical manager might follow his example anil withdraw from plaintiff ? joboffico the theatrical printing, tfce black-mail proUu on which? or profits over and above what any printer should chargc- ? to the extent of $V2t(W)0 to $-0,000 a year, have built up and sustained, anil still are a cbiel suppoi * ?fS.' Willi thi.; view he published almost daily of ilefen dant columns of persi ual abuse anH defamation, in th ? guise of Clitiui m upon dCendant'u operali iDanagwnent and tbe operatic performances. Then follows a specification of eiat' inen'.s said to have been published by Hcnneit, concerning the character .if Iho persons afT.rmi d to commonly resort to the Astor Place Opera House; the conduct ol defendant as to the money of the subscribers; his management of the opera in Philadelphia ; his being patronlwd hy gamblers ; and his conduct towards the artists he employed; and that When defendant appeared before ilic audience to a l dross them, it was in his favorite character of an ape; and that he was a half-starrod musical adventurer, who could not pay his landlady for Ills board. 0. The London Timn, ever eager to copy anything de rogatory to America l'rom tho American press, alwav ' found In tlie journal of the .Scotch vagabond an ample supply ol Buch material. ... .. f. Reflecting that the repeated horsewhipping* others had adininislered bad failed to changc Discourse: that his avaricious and hellish instincts in :liued him to con tinue always tbe business of extorting money by lies, slanders and threats, the def ndant re-mlvod to make an example of him, and punish him legally. The article then proceeds to state that, defendant sued plaintiff for some cf the libels; that the latter delayed a trial the death of some of defendant's witnesses iu the meantime a trial in liecember, 1853, and the recovery by defendant of a verdict of $10,000 damages; that from one to two years of the delay was to enable Bennett to obtain from Europe the testimony of a former employe of his, (whose nunie was mentioned.) which was one mass /Tthen'albges a course of proceedings, taken by Ben nett's lawyers, to gain time and avoid paying the penal ty ; and that #n the Saturday before tho article in ques tion was written, a new trial was granted. It then proceeds to comment on articles published by i the plaintiff respecting that trial and the grant of a new trial, and also to comment upon t lu&t suit, themscourag j ing advice he received before bringing it, the difficulties ho encountered in prosecuting it, and his purpose as to I further prosecuting it. It will be observed that the misconduct charged I against the plaintiff by the article In iiuestlon, so far as it is here particularised, except such as relates to the li bels said to have been published by him of the defendant and his conduct in defending the action brought against him, and in moving for a new trial, is confined to a le-.v charges. . .. The latter include the statements as to the e?n?e n nonces of the plaintiff's course as editor, to himself, and to the man who committed sulcido, and as to his con tinuing the business of extorting money by lies, dlanders and threats, or levying black mail. The answer begins by stating that ''it sheweth to tn Court," and then proceeds to allege various matters oc cupying ninety-six lulios, when this clause oscurs, nr.. : "And iti case said occasion and the foregoing tacts an 1 circumstances do not amount to a full justification, * i**n defendant will give then in evidence as mitigating r cumstances, pursuant to the code of procedure. ' luis extract is one ol those moved to tie stricken out and is the twenty-fifth, numbered in the order in which thoy aland in the answer. The only inference which can be drawn from the rorm or terms of the answer is. that the facts contained in it are set up as a full justification, if they would amount t.. thai on being prowl, and if they would not, then tnejr are pleaded in mitigation. A party may set up as many separate and distinct .It fences i,s he has. but they must be separately stated. If facts are stated, as justifying the truAh of the charge, an answer, ortho part ofan aiswer, which attempts to justify (he whole article must contain a negations of facts which, if proved, would entitle the defendant to a verdict in his favor upon the whole record. It the answer, or any part of It, attempts to justify any distinct statement which is libellous In itself, it should refer to the part which it U intended to answer, so that it maybe readily distin guished. (Code, Sec. 150. Sub. 2.) A justification, or a plf'a proof, of the truth of tho libellous charges, is a fta.fl defenes to a clrll action for a An an?wer, or part ?>f answer, which attempts to jus tify the whole of the libellous article, or distinct and in dependent portious ol it. which in themselves are libel Ions. mav be demurred to. If the allegations contaiued in It, assuming them to lie true, would not amount to a full justification of the part it is intended to answer. (Laws or 1865. p. 54.) , ... . . in an action for slander or libel, a defendant may al lege the truth of the matter charged as defamatory, and ? ny mitigating circumstnuces to reduoe the amount of < amnges, and he mav prove the mitigating circiira stances, whether lie prove the justification <>r not. (Code, sec. lfio.) ... ... . , . If a defendant prove the truth of the matter charged to be defamatory, ?h" plaintiff as a matter .if course cannot recover; and in such a case proof of the mitigating Cir cumstances could be of no benefit to the defendant. But an attempt to justify does not now deprive a defend ant of the right to give evidence in mitigation, and t lie evidence in support of the two defences may be submitted together to tbe jury, and if they think the defence of justification Is not established they may give such con sideration to the matter in mitigation as it deser?es. Matter in miligation, under the (Vide, may be audi as t? to prove the truth oftlie chai-ge. But whatever it may he. it must be such as teml? to disprove any actual malicious intent or in other words such as lends to prove that the defendant believe I. . nd was justified ill believing, what he published to lie true. Bush vs. l'rosaer. 1 Kern. 1147. As an aet: m of libel is one to recover damage, for in jury t.i cl.ii' :ie:er, a defendant may mitigate damages hy proof tin. tlie plaintiff 's general character is bad; but not bv pr< viti* that he ha? been gull y of s .me other specific olfcn. c or vice than the one imputed to him by the libel. If an answer alleges the trutn of the matter harg- las defamatory, theie would not seem In lie any object in stating in the answer that th'' *atn" facts will lie given in evidence in mitigation If the charge is proved to he true in the sense in which, and a< broad as It Was made a full defence w.mld lie established If the delentlant fails to justify, beeanse he is nimble to prove the matters stated In his answer, lie will, as to such matters be equally destitute of evidence to mitigate damages. But he may prove part, and only a part of the allegs tion? of hisanswer, and for that reason fail to justify, and yei portions of It maybe proved which would properly mitigate damages. An answer in bar of a plaintiff s action must b ? 1. ?t and tiosltlve In the fscts ?et forth and must state them with all necessary certainty. Because the article which Is the subject of the acti in comprehends a multiplicity of matter, an answer .it tempting to justify it is not allowed for that reason In l.e any less precise or direct in its statement of the fact* ou wlii.h a justification is founded. Bearing these rule" in mind, the portions of the : u swer moved to be stricken out will be adverted to, ? h a view to ascertain whether, taken together, they are pertinent or relevant ill a plea of Justification. Tlie matter first moved to lie stilcken out, which. for the sake of brevity 1 will call the first exception and which affirms what the article complained of does not assert, vi/: 'hat flie plaintiff, ''by his course and con duct while editor and proprietor or said newspaper, wri-i well known to lie a common notorious libeller and liar" (the residue ol the exception being;? "and had II shed and built up ^id newspaper, in a very great le grse. by libels, and by articles written for the purpose of extortliiK black mail or hush money, and also by the pub lication of licentious obscene and blasphemous articles, which were intended to create and did create excitement at the time, under which ?aid new ps per would and did sell and become notorious;" specifies no instance of his obtaining blsck mail, does nut directiy affirm that he ever received any, and does not tend to establish the truth of any of the specific items of misconduct which th>' article complained of impute- to him. If the defendant inteilss to allege the truth of the state ments in that article, in relation to the levying of bin- U n Si! bv the I l.iii "IT. he ?? ,?t is-cify Instance, with ? '< ?enable certain'y a> totirne an I clr umstances, so that ti.e plaintiff may he apprised hy the an-wei ..n whit ..e Intendsto rely snd have an opportunity to prepare t.? disprove at Ihe tnal anv . a-e which the !" en lant s n i f)rn?e m?j ie?4 Vv fsUHKb. 2J? SrtSSL u rtricken out> utJe* ma<1# mor# g??yUpn? The ?.tf. of thie exception al ifgn uut Bennett, oo the *JU of July, 18 -Ml "a* ?aa nSHrn?M^ J knoWQ' PubNabed in his own KTffi'nlM on ?hf,h fHhlm9elf' hUi ?*????? au<i I1"1 ?'aPwr *a) conducted by himself, and as the general opinion of the public of hi* owu character and course as editor. the following true ^u?u"t ojfki'uaelf, purporting to be from a cur?f?nf>u dent. lljen follows what Purport* to he a communica te from a correepondent, denouncing hi* charac ter ^ editor, the article* that appeared in his^ranJ^ motive* tor publishing suoh a paper. The most that can bo gaid of it, if pubUshed by the plain tlfl a* bewp a true account of himcglf, and of th? com ?e and character i f his is, that it may be evidence which might b" given in support o! an answer properly jtt tirg up the truth offline of the charge* made by the article complained of. Evidence, however, in not to be mated in a pleading, but the tacts on which a party relies to establish acnu-e of uctiou or defence, and in proof of which the evidence is to be given. When an anttwer. ,'*? tho defendant'* doet.), admit* the publication of the ar ticle complaint A of, and it 1* not privileged, the only answer that can be made Is, that the *tal*meutB con tained in it tire '.rue, or that they 'were made from good motive*, and not maliciously. An nm wer of the former kind, if proved, is a bar to a recovery. Proof of the fai t* stated in the latter does not a.Tect the plaint ill's right to recover, hut only bears upon the amount ol '.lie recovery. TUia should be stricken out. <"Le matter of the third exception begins thus: "Ami also on the ilOth of July, 18BH, the said Bennett published ui said newspaper the following true account of hi-nself purporting to be from a correspondent." Then lollow* an ai ticlo purporting to be from a correspondent, de nouncing the piai'.tiff, his paper, und its tendency. This is open to the same class of objections as the second ex cop lion. Fourth exception ? '-That said B?nnett in the month of June, IK.. 7, in hin mid newspaper, wrote and published his opinion* ,,f Hot Christian clergy of this country, which were often repeated by him utterwareds in his Haiti newspaper, as follow h." Then follows an extract from prewnt day'??mme 5 ?U U'8 "ChribUan dwgy of the The tilth relates to an extract from a number of his ua i>er issued in 18 M, commenting on politicians, brokers, lawyers, and nil public men, Including the clergy The sixth is a "libidinous effu.ion," alleged to have been published in AprU, 18oC, and also alleged to be "a specimen ol aiticies of the same character, published by him in his said newspaper." . Tho teventh is In these words: "Ami the sai l defendant further saith, the columns of said newspaper at and before and many years alter the lime when said publica tions won made, abound in licentiuus and blasphemous articles, und publications fully bearing out the character of Mid James Gordon Hennett, and the principles on which said paper was conducted, as depicted by James Gordon Bennett Uimttflf In his t>ai<i newspaper, aud show- I Ing lurn to be a liar and llbeilor, and to which, if neces sary, defetdant will refer, and some of thom are too di* graceful to soil tho records of the court." It cannot be pretended, as I thins, that either of these ?even portions of tho complaint, or all of them put to gether, allege in substance the truth of any of the vices or disparaging conduct imputed to the plaintiff by the ar ticle complained of. It is not alleged in any pari of them that the articles rom which extracts are copied, were published to extort blaek mail, or hush money, or re sulted in hi* obtaining any, or that they caused a man to commit suicide, o any one to personally chastise him. Neither of there last six, on any recognized rules in rc la? b n to pleading, can properly form part of an answer setting up the truth of the libel, nor do I perceive any ground on which they are admissible in mitigation. ? Lhe ?t,er "f ,h" el?hth exception Is to the effect that in May, 18.17, the plaintiff, to create alarm an I distrust, and to induce merchants to pay tribute to him, under mar that their names would otherwise appear as insol vent, published what ho called a list of those who failed in New "V ork in 18.'i7, and included therein, as appears from said newspaper, thirteen i arsons or firms who h id not failed; that the plaintiff was indicted, found guilty, and fined SoOO for a libel upon one of those who was pub lished as having failed, but who had not failed. The matter of the ninth exception is, that a few days af terward* the plaintiff ''published in said newspaper of anil concerning himself, iiis character and his course as edi tor, on or about tho 20th of May, 1837, the following true acco-int of himself. Then follows an article purporting to be written by the New York correspondent of the Bos ton Ml(u, in relation to the plaintiff, his course and con an eilJt?r> a,lJ 1,1,1 arrest on a complaint of having vent 0D? gentlemen whom he published as insol li I!16 In*tter,0f lhe ,Cn,h rxecption relates to his pub lishing an article, ou Ihe ^Jth of June, 1837. purporting ,C,n. wr,tt"n hJ ? correspon?ient ol the Illinois Ik^Z'Atla, V"m'' g,'neial t,'nor M t,1H? taken from the The matter of the eleventh exception relates to, and ex tracts an article he publlshod on the 18th of .Sept., 1817, !ihel ?n?iL .e'.n K'n'encp'1 to IiaJ a line of $500 for tho i?e! .J ? i exception, which the an i.T.TLti." published "to bring the administration of justice into conU'iupt, and to throw ridicule on said court, sham ? I>ul,cr ?>li, and to make money out of hi* own exception is to the effect that "? ?J ^ ?? October, 18117, he published what he .-ailed a solvent list of merchant* in New York," from the same motives (among others) which induced him to publish a list ol those whom he represented to hare failed. In no one of these parts 0r the answer Is it alleged that he obtained money, black mail, or hush money, from any person at any time. Tho matter of these twelve ?xcen tions embraces all of the answer from the end of the first to the end ol the twenty-eighth folio. It cannot be pretended, as I think, that either of thom except parts of the eighth and twelfth, would be e veil evidence tor any purpose, except tho?e which affirm that he published certain matters as being a true account of hitmeli. To make tbem admissible as evidence of any thing there must be averments in the answer prooerW athrmiDg the truth of such imputed instan. ?s of miscon duct contained in the article complained of, as it may be claimed that he. by such articles, confesses that he was guilty of. Hut even II the pleadings shall be so framed as to render any of those extracts admissible as evidence to prove the truth of any issue that may tie formed, they have no place in a pleading. Evidence is ? n hut issuable facts. Tho eighth and twelfth allege that the articles therein relerred to were published to extort hush money, but specify no instances of payment of it, and are too indefinite and uncertain. Thirteenth exception. ? This contains a statement ?f the arrival ol the dancer (Kllsler), and in relation to her per forming a* such, aud an extract Irora an article alleged to have been published by Henry Wikoffin certain news paiiers, concerning the plaintiff's course towards her and the motives imputed to the plaintiff for the conduct charged against him, which extract, as this part of the answer states, "the defendant is informed anil believe* *Q,i fairly represented public opinion on the Neither the fact that Mr. Wikoff published this article nor the extract copied into the auswer, should be insert lIV??" defendant chooses to auHwer. by allt?jrin? that the plaintiff publish*! unfavorable articles to oxtort money or realise gains In the form of presents, and that lie by such courfe coerced or induced her to pay money or make piesents, aud to spc. ify instance*, he is at liberty to do so ? ' But It i* a new mode of answering a complaint for a Iibnl, Imputing specldc misconduct to a plaintiff, to allege that a third person published a certain article of him which the defendant. eUeves was true, although snch article may impute ths same misconduct as that charged by the one which is the basis of the action. Mich a fact is not one which can be alleged in a pie* of justification, nor can it lie given in eviden'-e to support the issue made by such a plea. Fourteenth exception .?The matter of this exception relates to what the plaintifl' is alleged to haTe published in April, June and October, 1836, concerning a murder said lo have been committed in the house of one Kosina Towuseud, and avers, among other things, that the -'in sinuations, threats and letters thus published by Bennett in hie newspaper'' * ? "caused the public to believe and let l the impression almost, if not entirely universal that said publications were made for no other purpose than to obtain hush money or black mail, and that large sums of monev were paid to Bennett lor that purpose? ' Although this part of the answer alleges that hush money, or black mnil. was paid to the plaintiff, it d.tes not allege that sny of these matters were publlshod with a view to extort It. No one is named who paid it. The matter of thl* part of the answer, if properly pleaded to that part of the article complained of which charges the plaintiff with "extorting money by lies, slanders and threats, for aught that h.iH l>een suggested or now oc cms to me, would be a good answer. But it would be ne ces^nry to ^tate by whom and when any was paid. Hut no part o) the matter of this exception alleges that what it charges him with haviug published, or as threatening to publish, was untrue; or that this conduct, was pursued to extort monny. It not having been allege.) that such was his purpose hnt otily that the public believed that such was his pur pose. It neither makes of ilself, nor in connection with the Other parts of the answer, any issue ot urt with re spect to any of the acts of misconduct imputed by the article complained of. In an answer constructed like the present, it is irrelevant. It may be made relevant by adding other allogstions. If they can he truly s verre I, and by being stated in such form as to be more definite ami t ertsln. fifteenth exception ? This covers some Ufl folio* of the aiihwer, and assert* It to be true, as tbe article com plained of Rflirms, that Judge Noah since deceased, told 'he defendant (hat he would swear to certain thing as joatters within his own knowledge, in relation to tho plaintiffs having extorted sums, amounting to some fl.'i MX>, from a man who happened lobe al Rosina Town ?end's on the night of the mm er, under threats of publisl in*' his name, and that the plaintiff by his con slant demand* ol hush money drofe this unfortunate man to commit suicide; and that Noah published sub stantially the same thing of Bennett, in July 1841 In the /?: 'ning Tim/t and Star, which I. *et forth at length and as tbe answer states, "is, as defendant is In formed And believes, true." The article published by ftoige Noah should be stricken out. ihe libellous article complained ol does not state flat he made such a publication. Sueli a publica tion is not admissible to prove that the plaintiff was guilty of the misconduct imputed to him. It does not present nor contribute to present an issuable fact . The plaintiff's counsel contends that such a fart cannot be "loved In mi'igatlon of.lamage? ? and as I understood hin. he also insists that .proof of the fact that Jivtge Noalt told defendant he would swear, as tbe article com plained ol s-.ert*, and the answer affirms he did cannot f.i proved, even in mitigation of >bimage*. In support of these positions, he cited Bush vs. I'rosser, 1. Kern 3?il (per Helden J.) 1 Is not neeeseary to expros- any opinion In respect to the latter question In ortle^ to dispose of the present mo tion. With referent# to that |*iint It la suiHclent to say that when the answer shall he so framed. II at all as to not only state that >-uch Information was given, hut also that it was believed, and in conse^uenee of such infor mation ?nd i>eliel . the defendant published tha' port, on of the libellous without nialiee, and thai - i h fact- will t,e proved to reduce the damages, or, in otiter words, to disprove maliee It will be time enough to de termine, If the question -hall then be presented whether neb matter shall he allowed to remain in the attswor In reconstructing thean-wer, so mu< h <>f it as ?tates that I Judge Noah published a certain articl#. and the article - I1*elf, -hen Id he omitted. eiceptlvB?Ihia *Ueg*? Utftl i* Mi iher* was published la ttip city of Saw York a pamphlet en title I " The life and Writings of James Gordon Bennett," and generally what it eoutaiued, and gives ?n extract from it. The seventeenth excoptioi covers a further extiiioG from the MUiie pamphlet, und the matter of the eighteenth exception states thut there wait set forth in said paraph let >n article mentioned in a previous part of the dutwe,-, li in very obvious that all of this umtter in Irrelevant for any put pose. Nineteenth exception ? So much of the matter of this, a* states that "defendant further >>alth, that It in truu tbe newspaper called the Lonion7Vmei wan ever eager to copy anything derogatory to America from the Ameri can piess, and always foun t m the journal of ?aid Ben nett, a Crotch va#:?t>ond, an amide supply of such im terial," Is not Irrelevant or redundant It objrges thn truth el' c< rtain statement* contained inthe article com plained ol, in as broaiHf n?.t eubctan aally Identi cal with thofie there lined. But it does noi p-ofesH to be an answer to each statements only. If this matter pur ported to answer only a corresponding part, of h<; com plaint, if not good and sufficient, it certainly could cot be deemed irrelevant or redundant. The only defect, it any. would be that it was not sufficiently definite and certain In that it did not specify or refer to any matter of that character. But it is parcel of an entire answer to the whole libel lous article complained of. If it can i>e urged that It 1? 'O specific as to indicate with reasonable certainty what part of the complaiut it wa intended to answer, that argument would assume that such part of the complaint contains substantially a distinct cause of action. If there be unyt hing in such a vitw. it is obvious that every distinct portion of the answer which is intended to set up a def'nee to only a particular nart of the libellous article, rbould go refer to it an clearly to distinguish and iden tify the precise i?rt it was meant to cover. It might lie a perfect answer to such part, but as part of an answer to the nholo complaint it might be held bad en demurrer. A libellous article may ch irge a plaintiff with being a thief, a loiger and a public, vagrant. An answer, pur porting to be an answer to the whole complaint which only sets up that he whs a thief, and the fact of his. hav ing stolon, stating properly time, pluce and the sgbject matter ol' t ho larceny, might bv. held bad, on a demurrer lor InsoHiciencjr. If it purported, and, by its terms, at tempted to answer only so much of the article an imputed larceny, it might lie deemed a good answer, and the other parts of the complaint, alleging that the defendant falsely and maliciously wrote and published, of and onccrning the plaintiff, that he had been guilty of forgery, and w?< a public vagrant, would be deemed to be true, and th? defendant would not only be precluded from giving any evidence to show that either ot those charges was true; but, perhaps, he would be precluded from giving evidence to mitigate the damages, 011 account of having made sucli charges. That would depend upon the uuestion whether matter in mitigation must lie stated In the answer, in order to atimit proof of it. The jury that tried -he issue as to larceny would assess such damages, however they might dispose of the issue of fact. 'Ibis part of the answer should be made more definite and certain, by refering to the part of the libel it is in tended to answer. The residue of the matter of this ex ception is clearly irrelevant, as it merely gives an ex tinct from the JIkjuid of July, 1837, to the effect that, the London Tivit* copied largly from its columns. Twentieth exception. ? llnsghes an extract from the Hxkai.u of October, 18a7, commenting on the fav >rabh? effect, 1 1 1 a.1 would be produced in Kngland and France by the publication of what It callod the solvent list. This if cleat ly Irrelevant. Twf nty-flrst exception This, in effect, affirms that de fendant bad obtained certain authenticated documents from the 1'aris courts of justice, proving th it a witness, when dep- sition was taken and u?ed in the c/we of Fry Vs. Bennett, find named in the article complained of, had been guilty of certain misconduct. This is irrelevant; whether proved or not, It csunot affect the right of the plaint it) to recover, or tboamouut of the recovery. Twenty-second exception. ? 'this begin* thus : "And the defendant further alleges that as to the words Tombs pettifogger who had run the risk of being dom ciled at .-ing .Sing on a charge of perjury,' in said complaint mentioned, that." ? and then prooeeds to state tuat a. person whom it name.s, but who was not named In the article complained of, was arrested on a charge o! perjury, what proceedings were had thereon, &c. This is irrelevant and scandalous. Irrelevant as neither justifying or mitigating the 11 lie 1 upon the plaintiff for which this action is biou^ht, and scandalous as imput ing to a third person a crime, not necessary te be proved to make a full defence to this action, and proof o<? which cannnot effect the damages which thould be awarded to tie plaintiff in case lie recovers. Twenty-thiid exception. ? The matter of this covers va rious extracts from the Herald, commenting upon the trial of Fry vs. Bennett, the sobject matter of that suit, the grant of a new t rial, and matters relating thereto. Tbe tact of publishisg such comments neither tends to justify or mitigate a libel upon tbe author of them. They are irrelevant. Twenty-fourth exception. ? This, in substance, states ae reasons, among others, for publishing the article com plained of, that knowing Bennett's course as editor, as liefore set forth? that neither indictment*, nubile Hog gings, nor civil actions induced him to change his course, hut, on tbe contrary, furnished him fresh topics of ridi cule and abuse, and made his paper sell: and believing, under the circumstances, that defendant bad no othei means of defence against renewed falsehoods and abase, and that a second suit for Uie new libels upon him would last some six or seven years, be d'd, as a matter of self defence, to prevent tl><> public mind from being poisoneil against Mm by allowing said libels to go unanswered, sail as matter of history, and as a reply to said additional libels, publish tbe articlo complained of as a " card" to the public, lielieving the statements therein to be true, and the comments thereon to be just, and warranted by the occasion, and published it without malice, and without intent to injure Bennett, and fully believing that said llennett never had any character that could be injured thereby. This torms no part of a good plea of justification, and contains dj allegations "of facts or circumstances." which can tend to mitigate. There are " no (kite or cir cumstances" stated which the law recognizes as suffi cient to warrant a belief of the truth of the libels upon the plaintiff, or as tending to show an absence of malice. Certainly the facts, that a second suit for any fresh li liels would last some six or seven years, and that he be lieved Bennett never bad any character that coald lie injured by the article he published concerning him, are no apology for libelling him. Twenty- li fth exception. ? This has been already copied herein, and is to the effect, that if the occasion, facts and circumstances do not amount to a justification, they will be given in evidence in mitigatiou. This Is not a proper mode of pleading. The rules applicable to this branch of the case have been stated. The matter of all the exceptions, except that of the 1st, 8tb, 12th, 14th, 16th and 16th, must be stricken out. These six must also be stricken out unless tbe answer be amended, so as to make It with respect to the matter of them mote definite and certain. The defendant will be allowed to amend his answer as he may be advised. Tbe amended answer should be so drawn that it may be manifest what part of it is intend ed asa full answer or plea in bar to the whole complaint, and what part is intended as an auswer to only a part, of the complaint, clearly distinguishing what part of the complaint it is designed to answer. < >n Iielng so amended , any part of the answer wbich at tempts to set up a distinct defence, if deemed insufficient, can be tested by a demurrer. If it contains irrelevant or redundant mat ter wbich ought to be stricken out, it may be corrected by a motion to expunge. Tbe facte and circumstance* which the an?wer may state will be proved to reduce the damages should be stated separate and distinct from the allegations de signed to present a full defence. So tar as they may consist of portions of the facts relied upon a* a Mill de lence, they inay probably be so distinguished by refer ence to previous part* of the answer as to make a repe tition unnecessary. If the complaint had been more in the form of a de claration prior to the code than it is, it would leave lea? apology for such an answer as tho present. Such a de claration. in addition to other matters, usually alleged, after stating the lihellou* publication, that the detend ant thereby and then and there meant that the plaintiff bail committed the offence of forgery or larceny, as the case might be. In the complaint in this action, the article alleged to he libellous is set out at length, without any specification of the offences which, as the plaintiff construes it. the defendant thereby intended to impute to the plaintiff. In most case*, it is easy to state, on reading an article, what offence or mUcon> uct it imputes. In the present case, it i? an eaay matter to perceive that misconduct of a certain charoeter is charged but it is not so easy to determine acc urately how many distinct imputations are made, either of which ? if all the others should be justified? would render the article libellous. A defendant, in answering such a complaint, must I* advised by great professional skill and experience, to I* morally ceitaln, that his answer sets up a defence to every distinct libellous imputation, whieb the plaintiff, at the trial, may successfully insist is charged by the article complained of. If the defendant was distinctly apprised by 'be com plainant what offences or misconduct the plaintiff con strues thellhellout article to impute, and intend* to insln at the trial that the defendant had thereby accused him of, the latter might safely rely upon an answer which it would be unsafe to risk to such a complaint as the pr??ent Although an inuendo cannot enlarge or vary the sense ol tbe previous words, and in soma cases would be surplus age yet It will sometimes limit the plaintiff in his prieif to show that it ba- the meaning thereby impu'ed Ui It. I am not prepared t > say that the plaintiff c*n be com petled to make bis complaint more specific in this respe"t than it now is If It was more spec iflc In this respect it is obvious that It would he le < difficult to frame a prof?r answer which should be designed to justify the litiel. An order will be entered giving the defendant liber'y to amend his answer as he may be advised, in twenty days, on payment of $10 costs, and directing that nnle-' o amended the parts cxeepte 1 to be stricken out. (ourt of Oyer ??nl Terminer. Before lion. Judge liooeevelt. (NT. :i. ? I'harpr of Jfur./?r.? Mary Ann lAmhert. ? inu alatto, wa- placed at the bar, charged with killing < >*car nowden a colored man. with whom ?be lived a? hi wife. Th<- < crtirrence took place In July la?t. in Moll utrewt, and tlie cireum<t%nc-- were fully ptibllihed at tlm Coroner'* inquest. The prinner i? a nutive of Phila I ladelpbia. end Wan a seamMres*. The I>i?trict Attorney appeared tor tta>' pm?ecuMon. and rdicit?l (he fa.!t of tht killing. B"th wpp- in the bahit of drinking to e*ceiu, and the parties were jealou* of o?rh other M C. -|v>n. rer cotinael for the prisoner, <n rroM examination of the wttne*?e? for tlie prosecution, end hy te?timory to:- thf defence, proredthet the deceased had been in the hahlt ?.t ill treating t)i? priaoner n rid at the time of the trans action he had a hetcbet m hie hand and threatened ti: tnke her Uf?. The lHatrict Attorney at* ml >Md th? rbarge of munler, hut (treated for a OMNifrtko for nun laugntei in the third degn*. The jury being Ant ?ere. r?l bonra eore not able to *gr~ and were di-charged about 10 o'clock at niirbt. We undemtand they -tood ten for acquittal and two lor m?n?In tighter. (h t. 4.?CAa?jr of Mmrdrr ? Robert Ballot. Indict*.! for the murder of H"nrr Bloom, by ahooting fclm. Hi. eoiio?el ??? not ready, and the jury were di ha ifd till Monday next, Cburt adjourned to Friday m^nlne it 10 o'clock. A young man from Cincinnati, named Adotphm rtulhf' Kan, wa? murdered in New ftrlean* on the 26th ult bt two iiUuwu wuoeU Jmtt JfcoOwfck ?m0 Jmuvj