Trial of the Case of the Commonwealth Versus David Lee Child for Publishing in the Massachusetts Journal a Libel on the Honorable John Keyes ... |
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Trial of the Case of the Commonwealth Versus David Lee Child, for Publishing ... No preview available - 2020 |
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abuse Administration alleged asked believe bills Boston Patriot Boston Statesman called candidate Chairman character charge Child Committee of Accounts common law Commonwealth communicated contract conversation corruption Court criminal Dedham defendant dollars Dutton and Wentworth's duty editor election English law evidence examined fact false falsehood favour Fletcher Gardiner gentleman give a preference given Government Greene's proposals guilty handbill Honor Hoyt Indictment inquiry intent Jackson John Keyes John Mills Judge Jury Justice Keyes and Ellis Keyes assented law of libel LEE CHILD Legislature letter lowest malice Massachusetts Journal Messrs Middlesex Morton motives never newspaper official conduct opinion Palfray Palfray's paper Perkins person Plymouth political libel posals preference of $500 principle printers printing proposals of True proposition prosecution prosecutor published question recollect retract Robbins Saturday sealed proposals Senator Solicitor Star Chamber statement Statesman testified testimony tion True and Greene vote witness
Popular passages
Page 23 - In prosecutions for the publication of papers, investigating the official conduct of officers, or men in a public capacity, or where the matter published is proper for public information, the truth thereof may be given in evidence; and, in all indictments for libels, the jury shall have a right to determine the law and the facts, under the direction of the court, as in other cases.
Page 4 - Chalk afterwards, to wit, on the day and year last aforesaid, with force and arms at the parish aforesaid, in the...
Page 60 - In all crimes," says Lord Hale, in his Pleas of the Crown, " the intention is the principal consideration; it is the mind that makes the taking of another's goods to be felony, or a bare trespass only ; it is impossible to prescribe all the circumstances evidencing a felonious intent, or the contrary ; but the same must be left to the attentive consideration of judge and jury, wherein the best rule is, in dubiis, rather to incline to acquittal than conviction.
Page 62 - ... for every thing he has broken. If the proprietor of the York coach, though asleep in his bed at that city, has a drunken servant on the box at London, who drives over my leg and breaks it, he is responsible to me in damages for the accident ; but I cannot indict him as the criminal author of my misfortune. What distinction can be more obvious and simple ? Let us only then extend these principles, which were never disputed in other criminal cases, to the crime of publishing a libel ; and let us...
Page 28 - ... be deterred from prosecuting or defending there by fear of punishment or damages. Yet in these instances, if this necessary indulgence is abused for malicious purposes, a pretence only being made of the forms of legislative or judicial process, the party so conducting himself is amenable to the law. The right also of complaining to any public constituted body, of the malversation or oppressive conduct of any of its officers or agents, with a view to redress for actual wrong, or the removal of...
Page 28 - Quakers' meeting reasons for expelling a member, in an exposition of the abuses of a public institution, as in the case of the Deputy Governor of Greenwich Hospital, addressed to the competent authority to administer redress. The policy of the law here steps in and controls the individual right of redress. The freedom of inquiry, the right of exposing malversation in public men and public institutions to the proper authority, the importance of punishing offences, and the danger of silencing inquiry...
Page 60 - ... attending its publication. If, upon reading the paper and considering the whole of the evidence, they have reason to think that the defendant did not believe it to be illegal, and did not publish it with the seditious purpose charged by the indictment, he is not guilty upon any principle or authority of law, and would have been acquitted even in the...
Page 89 - The liberty of the press is essential to the security of freedom in a state': it ought not, therefore, to be restrained in this commonwealth.
Page 62 - What distinction can be more obvious and simple ? Let us only then extend these principles, which were never disputed in other criminal cases, to the crime of publishing a libel ; and let us at the same time allow to the jury, as our forefathers did before us, the same jurisdiction in that instance, which we agree in rejoicing to allow them in all others, and the system of English law will be wise, harmonious, and complete.
Page 61 - VIII. and consequently not a burglary. Mr. Justice Ashurst saved this point of law, which the twelve Judges afterwards determined for the prisoner ; but, in order to create the point of law, it was necessary that the prisoner's intention should be ascertained as a fact ; and for this purpose, the learned Judge directed the Jury to tell him, with what intention they found that the prisoner broke and entered the house, which they did by answering, " To rescue his goods;