Jenks's Portland gazette. [volume] (Portland [Me.]) 1799-1802, 1801-06-15

.e.e ~ INC Cirent Court OF the United Staegsupon
/" "'1'7 psaaf, Pubhihsr Ct the -d4ssrs fer a cor
tempt OF Court.
| WILLIAM DUANE,
"A motion was made BY the Council Tor Levi
HCllingi"orth, for rule 70 thew canfe why an
attachment ihonld not iGue againa YOU, grouu.
dsd on an afidavit Of yo0r having made 1
publication in the Newspaper called the Auro-
"a, which was fuPpofed to be acsntempt Of this
Court. You appeared 10 Court, on lie day
appointed for ihewug caufe, and when he
proiecutor was about TO offer evidence in fup-
port OF the rule, you voluntarily declared that
you contehed yonrf,lf tAe author Of the publi-
caGon in the Aurors The Council for the
Protecutor were then heard IN tie Tnpport DC
the rule. and your Counlel made an elaborate
and ingenious argument agairR il. The court
delivered their opinion yeiterday, that YOU bad
been guilty OF contempt, and made the rule
ahloiute -Yeu were then informed that IL you
w'ihed 70 aniwer heterogeneous, L was your
right and your privilege 10 have them exhibit
ed-by the Froieeftor aud that #, by vour
antwtr on oathi you cleared yourf@lf Of the con.
tempt, Il would be received as the truth, not.
withtandirg the violence that had been pro-
duoed againit you, and you would Ne dilcharged
/ from all further proceedings. You requened
time 70 eoniijer OF IL, which was granted YOU
and you have this day declared that YOU do
nor with The meuog ltoies 10 be exhibited.
| Betore ! pronounce the Judgment Of the
| Court, | will briefly mention The circumstances
Ct your cafe. Ltv Holiaefwo Ii brought an
action againa you for a libel. You plea.
| ded that roth he ana you were citizens IF TIE
state ot Penny vania, and therefore the Circuit
SouTt o. The United States had no iurrjiajon.
The plaoub replied that yon were not CHI
zen OF me stare al Pennsylvania but fubiett
| oi ne hiNg n y ca Britain, and on that point
hue wa joined. The cauic came 60 trial this
| term. 4 be jury were lworn, and evidence Of
| tered on both iJes, after which IL was agreed
between the C0u1ie that re cauf: hould ~
unlimited 70 chs jury, under the cha. re OF ihe
Court, without argnm-nt. Ii con equence Ut
MS agreemgnr after premihng that tic Court
were always dei-ous Of receiving information
from the arguments Of learned Council. and
that It y'ur Council on reaeClou were di6tris
nd with the Courts dccition II ey MIGHT enher
take bill of * epti ms or move f.: new rial.
Delivered their clear and unanimous opinion,
thar upon the eviienoe produced, taking il 10
Ire mott favorable pobt OF view for you YOU
were 70 b- con61er>i rs A Brtiih flbieR..-
Ih@Juiy having received this charge, retired
tor few minutes, and returned with A verdict
10 conformity 10 H. The Court have alreadv
de Jared AM now repeat il. that though
your plea WAS put In on on h, the verii9 of IN,
jary agliaa ynu,s M imputation "a your maral
character The truth of your plel depended
zoo matter OF law,and iuppoiias that The law was
- your tAvor, You might very innoeently have
iworn 70 It as you DID. In purlnance of an
greemenr betwsca the Council, The Jury did NOT
aieis the plaintiffs damages. The council then
made aao.her agreement, that The damages
thould be atiehtd by a fpecial or truck jury
next term, and that YOU fltould have liberty to
offer any evidence in mitigation of dam ,ges
which ght legally be given in evidence on
the general ifue joined Your council have
canuidy delared, that in the whole courte Of
theft proceedings, You received from the Court
that liberal ana impartial treatment, which we
do not conitder matter OF favor, bur the
ltrd light ct every one who appears before
u.s. Under theie circumaances, the action be-
ing ltill depending, The damages 1.-THE great ob
Jet OF the rlitl remaining 10 be aheGcd, you
made publication IL your own paper, the Au-
rora, IN which after Mentioning the deciicn
which had recently aiken pace, YOU endeAvor-
e. 70 draw public odium on the plaintiff by
rePre!enting him as 4 man who had been guilty
oftIeslon and iived from the Callows by the
enity Of The late chief inaicc Of Peuufylvsnia.
You lhcrted that the respectable jury who tired
your ciuic had civen mai iqfarouI rerIig y and
you made iHGluitions too plin 10 be miflu
deritooi, that NJ Juice was to be expected by
citizens OF rePubhoan principles III trial BY
ltruck Jury and under the fytem for tile adj
mobilization OF jVAice, et4blthedby the EXIT.
ing law Of the Unted States, which you indie
Gently Gyed +" mr.. Adlmi'5 judiciary laSv -
The evident ten leucy u vour whole publication
was to viity and degrade the character ct the
plaintiff and thereby to leGtn his damagcs-to
dete, the council OF the plaintiff. the clerk of
the court, and the future ju,y, from doing
| tIeir dny; and.to inumidate the courr them
elves, If they were fulcsptbe of Intimidation,
which mott furely they are not from whatever
quarter or BY VIII tever mems il may be al
| tempted. All The world mutt &c fsnGble that
proceedings Of this kiud tend TO htvert ihe-