New York Daily Tribune

Court of Sessions. Before the Recorder and Ald. Martin and Dunning.
James R. Whiting, Esq, District Attorney.

Trial For Libel.--Michael Walsh was put upon his trial on an indictment charging him with a libel on Levi D. Slamm, Editor of the Plebeian, as published in the Subterranean of August 26, 1843. The article is as follows:

"Burglarious Demonstration.--A most singular attempt to surreptitiously enter the basement of our office was made on Friday last, by Slamm and a suspicious looking individual who appeared as if he had been designed by Providence to steal sheep. He was caught in the act by one of the boys, who hailed him as to what he was about, whereupon he turned as pale as death, and fled down the street, in company with his companion, at three-minute speed. On looking towards the upper corner, we perceived Humpbacked Doyle, in company with a fellow with a large bag on his back, lying in wait behind a show board. We are utterly at a loss how to account for this mysterious demonstration unless it was that design upon our movables was entertained. Some of our friends incline to the notion that it was part of a deliberate conspiracy to perform a second edition of the gunpowder plot, and to call in the aid of the elements to give us a blast, which the miserable wretches could effect in no legitimate way of themselves. Though we do not seriously incline to this belief we shall take precaution to arm one of our printer boys with a capacious syringe to give them a reception, should they repeat this singular attempt."

Mr. Walsh admitted the publication, &c.

Levi D. Slamm was then sworn, who deposed that the article alluded to him; that he went to the basement under the office of the Subterranean, occupied formerly by Mr. Bingham, who had done the presswork of the Plebeian, to see Mr. Bingham at noon-day; discovered that Bingham had removed, and walked away in company with a gentleman with him.

Cross-examined by Mr. Walsh--I went there in the day-time, knew nothing of Humpback Doyle, and that the person accused of having the bag is in court; my errand was in the cellar, believing at the time I should find the printer of my weekly paper there, but he had removed. Prosecution here rested.

Robert Mcinally was called for defence, who testified that Slamm and another person were going down into the cellar; that he hailed them, and they left on a fast walk, and he immediately went and informed Mr. Walsh that Slamm was in front of his premises, who was in the back-office and got up and called to them. They made no answer.

Elias Carter was called, but the testimony was ruled out as inadmissible by the court

Jared W. Bell also sworn. and asked what was Mr. Slamm's character, but answered he knew nothing against his character for truth and veracity. Other questions were asked but deemed inadmissible.

Edward Mills deposed that he was there at the time that Slamm went into the cellar; saw Doyle at the corner leaning on a cart. but Slamm had no conversation with him. Doyle was talking with two other men, but witness saw no bag;-- witness would not leave the basement alone if he was aware that Doyle was in the neighborhood. There was type in the basement at the time belonging to Mr. Walsh. Slamm, on being hailed, walked off fast.

Levi D. Slamm recalled by Walsh--Witness never had made a bet that he would get Walsh on Blackwell's Island but he had stated that Walsh ought to be punished for certain articles published in the Subterranean. Did not run when I left the cellar under the Subterranean, but walked away--usually walks fast.

Henry Shainford deposed that he heard Slamm say that he would send Mike Walsh to Blackwell's Island if it cost him $1000.

Elies Carter testified that he heard Slamm offer a bet of $50 that Mike Walsh would be in the Penitentiary in less than 6 months. Defence rested.

William J. Brown for prosecution deposed that he accompanied Mr. Slamm to the basement under Mr. Walsh's printing office; believing that the printer of his weekly paper kept there. They found he had removed and left and walked away. Did not see Mr. Doyle, or any bag, or heard any call until Mr. Walsh himself called to them from the stoop. Mr. Slamm and myself were about leaving for Long Island at the time. Testimony here rested, and the case was submitted.-- The court charged rather adversely to the accused and the jury retired. They soon after returned with a verdict of Guilty.