FREE BOOKS

Author's List




PREV.   NEXT  
|<   10   11   12   13   14   15   16   17   18   19   20   21   22   23   24   25   26   27   28   29   30   31   32   33   34  
35   36   37   38   39   40   41   42   43   44   45   46   47   48   49   50   51   52   53   54   55   56   57   58   59   >>   >|  
in the eye of the law, and was compatible with entire innocence; and possession alone was no offence. _Key_ cited a number of authorities to show that _prima facia_ evidence of publication only, was necessary to let the libel go to the jury. Here was a publication--the jury must judge of the intent--with the handwriting of the prisoner endorsed with the words "read and circulate;" and he made the point that when a libel is printed, and a copy is found in possession of the prisoner, it is _prima facia_ evidence to allow the libel to be read. To prove that the words were on the libel given to King, in the prisoner's handwriting, he called _William Robinson_, who testified, that he saw the pamphlet which King said he got of Crandall in Linthicum's shop, and that the words "read and circulate" were written on it. _The Court_, deeming this to be _prima facia_ evidence of publication, permitted the pamphlet to be read to the jury, or so much thereof as either party might think proper to be read, and pertinent to the issue. _Key_ was about to read the libel. _Coxe_ objected, that it was not the libel proved to have been given to King, for that was lost. _King_ was called again and said the paper he had was lost; how or where he did not know; but he identified the one handed to him as an exact copy of the same pamphlet; but said he could not say what writing was on the one he had. He might have remembered if he had not seen some with and some without writing. _C. T. Coote_ was one of the examining magistrates in the jail when Crandall was arrested. He recollected that King pointed out one with the writing on, as similar to the one he had, and that Crandall admitted the writing to be his. _B. K. Morsell_, another of the magistrates, recollected that King stated distinctly, that the words "read and circulate" were on the paper when he got it; and that Crandall said it was his handwriting, but he did not recollect Crandall's saying it was put on a year before. The question was here raised and argued by the counsel on both sides, whether any evidence could be given of any libels, except those of which the publication was proved, unless they referred distinctly to the libels charged in the indictment. _The Court_ was of opinion that the United States could not give in evidence to the jury, for the purpose of proving the intent of the defendant in publishing the libel stated in the first count, any papers subse
PREV.   NEXT  
|<   10   11   12   13   14   15   16   17   18   19   20   21   22   23   24   25   26   27   28   29   30   31   32   33   34  
35   36   37   38   39   40   41   42   43   44   45   46   47   48   49   50   51   52   53   54   55   56   57   58   59   >>   >|  



Top keywords:

evidence

 

Crandall

 

publication

 

writing

 
pamphlet
 

handwriting

 

circulate

 

prisoner

 

magistrates

 

called


possession

 

recollected

 

stated

 
distinctly
 
libels
 
intent
 

proved

 

admitted

 

examining

 

remembered


pointed

 

arrested

 

similar

 
referred
 

charged

 

indictment

 
opinion
 
purpose
 

proving

 
defendant

States
 

United

 
papers
 

question

 
recollect
 

publishing

 

raised

 
counsel
 

argued

 

Morsell


endorsed

 
printed
 

Robinson

 

William

 
innocence
 

entire

 

compatible

 

offence

 
authorities
 

number