The Massachusetts spy, and Worcester County advertiser. [volume] ([Worcester, Mass.]) 1825-1831, 1828-12-24
From the Boston Erening Gazette.
TRIAL FOR LIBEL.

10Th inst, agreeably to assignment. The al
Legged libel was published in the Jackson
Republican, newspaper of this city, IN an .
article admitted to be written by Gen. Ly-
inan-which libel grew eut of a statement !
made by John Quincy Adams in the Ma
tional Intelligencer, charging /" certain Fed
eral leaders" Of Massachusetts in the year
1903, with a design to dissolve the Union
ef these States. The offence, in the tech /
nical language Of the indictment, was set
forth in two counts. The first charged the |
defendant with repeating what Mr.. Adams
said-and the second for his assertion that
the Hon. Mr.. Webster was denounced
among others by Mr.. Adams, and his name
placed on the secret aTchieves of the gov
eminent.
The prosecution was managed by the
Solicitor General-and Messrs. +. Dexter
and S. Hubbard, were the defendants
counsel.
In defence, it was mentioned that the
publication was not libellous, the facts be-
ing. so nearly true that the statement OF
them could not imply malice. The law OF
libel was examined, and the principles ia
vorable to the defence were stated with
clearness and ability by the defendants
counsel.
He offered, as the first piece of evidence
in the defence, facts admitted by t>ae Cow
crnment. viz. that the statement in the Ma
tional Intelligencer was authorized by Pres
ident Adams, that Mr.. Jefferson's published
letter to Gov. Giles was authentic, and that
Hon. Daniel Webster was, in looo, an active
federalist, and was aiding and promoting,
ny his eminent talents, the opposition to the
embargo and non-intercourse. pam
phlet, entitled Considerations on the En-
barge, &c." was then offered in evidence,
but the authorship net being admitted by
the Solicitor General, Mr.. Webster was
sworn. He stated that, in 1903, he wrote
pamphlet against the embargo, which he
supposed to be the pamphlet shew1 HIM.
He also stated that he was member OF the
Brentwood Convention in 1872, that be as
scented to the proceedings, was on the COM
mittee to draft the Rockingham Memorial,
did make principally the draft as reported,
but that he could not say how much after
wards the report might have been modified
at the suggestion of others. He did not
know that Gen. Lyman was the author OF
the publication till he ayowed himself as
such. The publication was by one indivld-
ual attributed to Gen. L., by another to
some other. He had nc reason to believe
it was Gen. Lyman's, but rather the reverse.
An attempt being made to read from this
pamphlet, was resisted by the Solicitor
General, on the ground that the whole
should be read or nothing. The Judge
said that the pamphetw was in evidence, and
might he referred to.
The Solicitor General had no objection,
if there were any thing in the pamphlet to
show that Mr.. w. was engaged IN trea-
sonable plot, to have it read, otherwise the
whole must be read, if any.
Without proceeding to read the pam
phlet, the defendants counsel offered some
previous numbers of the jackson Republi
n9-.ut-lI. Ivy II, no lIUIli1n oeru ufSt1e
of Mr.. Webster, and that, therefore, there
was no disposition shewn to be hostile to him.
Other evidence was gone into to identify
sundry pieces in the Jackson Republican,
as written by Gen. Lyman. and the express
ed intention of Mr.. Webster to instigate a
prosecution. 1t was also shewn that the
defendant took no part in politics till the
year 1920.
Mr.. Webster was again called by the
Solicitor General. He stated, he "came
to Boston in lSI6-knew the other person:
named in the Jackson Republican as boys
known men, when he studied law In Bos-
ton" To question by the Solicitor Gen
eral, he said he never entered into any plot
with them to divide the Union. His atten-
ton was first drawn to the publication in
the Jackson Republican at the Suffolk
Office-heard of it in another insurance
ofice-said if any responsible man should
be the author, he would give him chance
to prove the truth of his allegations to z
Court and Jury. Applied to Messrs. C. P
Curtis and r. Fletcher, as his professional
friends, and the former went to Col. Austin
to ascertain as to which tribunal the com.
plant should be made-supposed an ex-
PLANTATION would appear, and any legal pro.
cess become unnecessary. Nothing ap-
pearing twelve or thirteen days after the
publication, preferred his complaint to the
Grand Jury.
In the afternoon, on the opening Of the
Court, Hon. S. Hubbard commenced the
close of the defence. In the course of it
the entire pamphlet alluded to above, wa:
read. At z, P. NJ, Mr.. HIS. argument be-
ing then concluded, the Court adjourned.
Second day. Solicitor General Davis
closed the prosecution in an elaborate and
able argument of about three hours dura
ton. Mr.. Dexter replied in few words o.
explanation in behalf of the defendant
The learned Chief Justice commenced his
charge to the jury, containing an exposition
of the law on the subject, and an examina
tion of the supposed libel And, as to the
material facts, he gave this direction to the
Jury:
"Yos will look over the communication
of Mr.. Adams, and see whether he has ref
eYence to any persons as chargeable with
high political offences, except those of hi:
own native State. do not think it will dc
to refer to Mr.. Jefferson's letter on this
point, because the defendant says that Mr.
Adams distinctly asserts, undoubtedly re.
3erring to Mr.. Adams's own communication
The insertion of Mr. Webster's name. Il