Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1818-09-29

was public officer, and that she and every
other subject were entitled to examine his con.
duct in that capacity. She WAS fully prepared
TO prove the truth OF every statement contain.
| ed ia the published letter.
MIR. Justice Burrough.-That the law Of the
land does not allow you 10 do.
The defendant proceeded expressing a hope
that she might at least he allowed 10 prove
mat the publication IN question WAS no libel.
The JGry. she trusted, would not he induced
By any legal sophistry, to sanction principle
equally adverse to religion aud to mcrals-
that truth could be libel Ii was the doctrine
not OF tue law but of the abeitors OF tyranny,
ever vigilant to cnslave mankind Vengeance
not the viudication ct character, was the I'M
worthy aud unmaniy motive oil the ptoseru-
TOR. HAD he been actuated by better feeling,
he would have brought his action, in which
| as lawyer, he must have known that evidence
might he produced with regard To every fact
stated IN the publication. he had, how ever
adopted the cowardly resource OF indictiny "A
female tor an act Tending to u breach of tue
peace he himself having, not long since. been
sentenced 10 sin months iinptisuums ant ON the
court OF h,ns $ Beach, Tor ii positive breach of
te peace, III hoise-whipp,ng the present Soil.
citor General. The statement which she had
Smt to The Editor Of the Vest Briton. referred
wholly 10 the official and public conduct of the
prosecutor; and with great submission 10 the
court, she apprehended that the cOnduct of
every persian IN public station WAS open To
public examination. This proposition, as she
had before stated, she had the authority of
Lord Peterborough IN maintaining
MIR. Justice Dnrrough. Lord EllenhorOncli
never could talk such nonsense, or assert that
man in ajndic;al Office, may he charged witt,
bribery and corruption by any person who
thinks proper 10 publish such Il statement to
me worid.-t am sorry u see YOU transsress.
ing the law nj every step, from false notion
OF moral right. Many gentlemen at this bar,
would have been happy 10 assist you, aud
would, am sure, have advised y very ditferent
sort OF dcionCe.
Miss Thicker continued. and begged leave to
read clause ofthe act OF the SOD of q eOrgeItI
by winch the jury, ~ case Of "a libel, are EN-
powered TO give verdict on the whole mat.
ter, and OH The general issue OF guilty or not
guilty.
Mr. Justice Burrcuyh. This act waspev.r
construed to enable Il defendant, upon AN IN
dictment, TO Justify by proving the truth of the
libel.
Miss Tucker proceeded, and remarked. that
the essence OF the Indictment consisted in the
EVIL tendency Of the publication. This tea.
dencN she was prepared 10 show was good,
ana would contend that resentment mi.ht ex
Is, without malice. The celebrated Mr. Locke
had quoted an expression from 81. PauI - lhi,
eHee t" Beye angry, but sin mott L the law
ofiibel really MAS what she had heard i, inter
preted TO be, a new system of ethics ought to
he prehNed to II. No lawyer or legislator
could intend TO punish where there was no
malicious motive or intentional provoca,ion
The faisehood and masui were all on the
other side and she hoped no legal sophistry
would induce the jury Ia convict her of AN OF
fence where her otJect was merltoriOus.
AIR. Justice Bu,rough then charged The in
ry, expressing his decided opinion that The
publication III question was iiDeiious in the
highest degree.
The jury retired for about half an hour, and
delivered "a verdict OF NOD Guilty at the Judges
lodgings.