The enquirer. [volume] (Richmond, Va.) 1804-1815, 1814-11-04
RALE1c Oct. %.

- NNttCLt L<INcf.--NID TiO9Y last came
on to b0 heard at the Superior Court of Stokeu
county, in this state, the trial of a libel. ON a,
Indictment found at October term, 1913. A.
gainst Romulus Sanders, of Caswell county
for having written and published in this pa
per of the 23of April preceding, libel on
James Martin, Jun. Esq. Councillor at Law.
OF Stokes County, At that time Candidate for
seat in the present Congress, in letter adj
dressed to him, under the signature of =" Grac-
chus. The prosecution was conducted in
behalf of the state, by Edward Jones, ESQ.
solicitor, and Thomas Ruffin, Esq. was Coun-
sci for the Defendant.
Mr.. Jones proved by sufficient evidence
that Mr.. Sanders was the author of the piece
III question but failed in fully establishing
Ire publication by Mr.. Saunders, or his agent
tae Editor OF the Register, in the County OF
Stokes. n paper was produced which was
toaHd in the possess N of a citizen of tbat
County but it did not appear that 1t was bro't
O. scHt here " either the writer OF the priu-
yer.
One passage in the piece which was charg-
cd as Ioeuous, was set aside, because it was
aot published prcc.cey as written
Mr.. Rufin on the par, of the defsndent.
produced Circular written BY Mr. Martin
jnst before the election, TO which Gracious
was intended as an answer, and contended,
IN IN animated and eloquent address, that
though the piece was spirited and somewhat
severe, it was not more so than the Circulgr
warranted that the publication was alto
ssher ieTclled at the 6o(ificaL and not at the
TTipcte character Of Mr.. Martin, and that so
for from being written with malicious intent.
the parties were unknown to each other.
That the writer had undertaken. as he had a
right 70 do, to support Mr.. Yancey, Mr.. Mar
TINS successful opponent, to defend the pre-
sent administration and the present war a.
gaust Tire attacks OF Mr.. Martin and to en-
courage the people to support both, notvith-
Standing inc taxes with which they we're told
py the Prosecutor they would be oppressed.
Judge Seawell laid down the law ON the s,l,-
Jcct of bibels to the Jury in a clear and mr.
spicuoas manner J; said that malicious intent
vas a necessary ingredient in every Ibel /:
and u That was asceTtaneo, 1t must also an
pe2rthat the libel was Published by the an
thor, OF Inns agent, the printer, in the County
Of Stokes, in order TO bring the matter w;,l,i1
tlle cognizance of the court. IF tt,ese f,c,s
were satisfactorily proved, the Jury world
lind tic detentlent guilty bat if, on the con-
trary, thcy believe the writer 60 have done
no more than exercised rieht which every
zen ENJOYS OF examining the qualifications
ard pretenslons OF q candidate Tor q seat in
Congress, free from malicious intent or ner-
sonal SANDER, then they ,yo,rN find the deeSn-
dent .NDf Gully He directed the Inrv 70
crry with them, when they retired. not opIy
the bill ri Indictment bu, The newspaper COR
tain NJ the PIECE signed Gracious. compare
Them together. and form their own iudee-
mcnt oi tie correctness Of the iuue1does cor
taiUed IN the indictment, and Of The whole
mae r., aid return a verdict ACCORDINGLY.
The Jury retired. and in few minutes re-
Turned a verdict Of Mt Guihy."