Verwandte Artikel zu The Balance, and Columbian repository Volume 3
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Inhaltsangabe
This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1804 Excerpt: ...and even charges him with setting fire to it. Secondly, It is all true, and inasmuch as it would have a " tendency to create animosity in the mind" ot Sandford and " induce him to disturb the peace" by assault' ing the publisher, the truth, instead of a defence, is only an aggravation. We will suppose now that the printer at New-Orleans should in compliance with the general request of the Inspectors of the StatePrison, re-publish the above advertisement rrom the Evening Post; and that when Mr. Lyon was brought to trial, he should acknowledge he published the words charged, hut should move to put oss the trial till he could send to New-York and procure witnesses to prove the whole truth respecting Sandford's conviction, confinement in the State-Prison, &c. &c. "No, says the learned Judge, this defence is inadmissible; if your witnesses were heie in court I should not permit them to be sworn, nor an exemplification of any 'record to be read." To the pannel he would say, ' Gentlemen of the Jury, 'the defendant stands indicted for maliciovjly publishing of James Sandford that he was a convict in the State-Prison, &c. all which is clearly libellous, and you gentlemen have nothing to do with the truth or falshood ol the words, for if Sandford was really a convict and set fire to the State-P/ison in New-York, and escaped and carhe hither, this is only an aggravation of the offence, with which Lvon stands charged, and which you are sworn to try; indeed, if we are to believe the defendant himself, who alledges that he has published nothing but the truth, then in the eye of the law the libel is greater than if the fame thing had been published of cither you,or my (ell; you therefore have only to consider whether the defendant...
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Reseña del editor
This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1804 Excerpt: ...and even charges him with setting fire to it. Secondly, It is all true, and inasmuch as it would have a " tendency to create animosity in the mind" ot Sandford and " induce him to disturb the peace" by assault' ing the publisher, the truth, instead of a defence, is only an aggravation. We will suppose now that the printer at New-Orleans should in compliance with the general request of the Inspectors of the StatePrison, re-publish the above advertisement rrom the Evening Post; and that when Mr. Lyon was brought to trial, he should acknowledge he published the words charged, hut should move to put oss the trial till he could send to New-York and procure witnesses to prove the whole truth respecting Sandford's conviction, confinement in the State-Prison, &c. &c. "No, says the learned Judge, this defence is inadmissible; if your witnesses were heie in court I should not permit them to be sworn, nor an exemplification of any 'record to be read." To the pannel he would say, ' Gentlemen of the Jury, 'the defendant stands indicted for maliciovjly publishing of James Sandford that he was a convict in the State-Prison, &c. all which is clearly libellous, and you gentlemen have nothing to do with the truth or falshood ol the words, for if Sandford was really a convict and set fire to the State-P/ison in New-York, and escaped and carhe hither, this is only an aggravation of the offence, with which Lvon stands charged, and which you are sworn to try; indeed, if we are to believe the defendant himself, who alledges that he has published nothing but the truth, then in the eye of the law the libel is greater than if the fame thing had been published of cither you,or my (ell; you therefore have only to consider whether the defendant...
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