The Massachusetts spy, and Worcester County advertiser. [volume] ([Worcester, Mass.]) 1825-1831, 1825-11-30
PLYMOUTH. NOV. 10.


tne Law Term OF the Supreme Judi
clai Court was held in this town the pres
ent week-present, Chief Justice Park
er, Putnam and Wilde, Justices.
Commonwealth VS.. Balloon.
The Defendant was charged in the in
dlciment with permitting gambling in hi.
eEefn.--One question made was, wheth.
er me Defendant was licensed innhold
err; Tor If be was not, he would not be
liable 10 the penalties by law provided
In such cases. 1t appeared that certain
en'ries were made in book kept by the
ClerK OF the Court of Sessions, which in.
d'cated the license, but which did not ex-
pressly record it. The Court adiudged
The license to. be well proved; and also
'hat u was not necessary it should ap-
pear mat previous appreciation was re-
ceVed by the Court of Sessions from the
seiectmen of the town. As to the Of
fence charged, the Court thought that a
general allegation of "playing at cards,
and other unlawful games" was suffi-
Client. 1t was also objected, that there
was not sufficient allegation in the in
dlctmeni, that the Defendant 1vas a Il.
cfnsed lanholder at the time uphsn the Of
fence 1pos alleged to haze been committed !:
Tor ne might have been licensed to keen
an Inn or tavern. and have abandoned the
business before the commission of the al
iieged offence and the Court strongly
inclined to the opinion that there must
oe afisfinct averment that the Defen-
Cant was an inoholder at the time. But
as all the facts stated in the Indictment
might be true, and yet the Defendant
might not have committed the Statute
offence charged, the Court arrested the
Judgment.
Commonwealth vs.. Banding.
This "as an indictment for compos-
ing and publishing libel against one
Enoch Fowler, an innholder in Reho-
both Il was tried by his Honor Judge
Wide, at The sittings in Taunton. The
alleged libel was the publication of the
verdict OF the coroner's. jury, gether
with temperate and guarded account
of what was proved at the time of the
inquest on the body of a person who
died Of drunkenness il the tavern of
SAID Fowler, and some inst observations
thereon. At the trial al Taunton the
defendant offered evidence of the truth
OF the whole publication but the Hon
Judge refused its admission, and directed
the jury that the truth Of the matter pub
llshed had nothing TO do with the case.
and that the malice was an inference
OF law; and that the truth or falsehood
OF the publication was altogether i'm
material. The argument of the Hon.
William Baylies, counsel for the defend
ant, against the law as laid down by the
Hon. Judge, was truly learned, elo-
quent and mastery performance. He
commended hat the law, as expounded
by the Termed Judge who presided at
the trial, was the offspring of the Star
Chamber. and altogether inconsistent
with the principles of free govern
ment- and that this case had never
been decided in this Commonwealth
and maintained with great ability the
doctrine, that the liberty of the press
consists in the publication of the truth
from good motives and for justifable
purposes. great variety OF authori-
lies were cited in support of the doc
trine contended for, which evinced a
depth of research and close investigation
fully adequate to the importance Of the
question. He was replied to at a consid- |
cradle length by the Acknowledgement in
behalf OF the prosecution. The case
was afterwards continued for advise
N ent
Hunter vs.. Boucher.
This was an action OF ossumpsit against
husband for the board of his wife
the wife had committed adultery, and
was convicted.-The defendant was. un-