Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1833-07-18

ing; d. L. Child, Esq. was counsel for the de-
PENDANT, and q great deal Of testimony was gwen
in relation to the official conduct OF Justice whit
man. The indictment was found at the voiuata-
~ instance of the Grand Jury, and not at the
suggestion OF the Justice. The case was gwen 70
the Jury on Friday evening, and Yesterday morn
ing they returned averdict Of guilty. HIS honor,
Judge Thatcher, therefore sentenced Mr. Smell
log to pay fine Of fifty dollars and be ,"Pr'soa.
Ell in the common Jail for sixty days. From this
sentence the defendant appealed to the Supreme
Court. and gave bonds as the law requires. Mr..
Smelling was then tried for a libel on Dabny U.
Harrison, and Amos 8. Allen, jr. late keeper OF
the Lion Tavern. The substance Of the charges
were that they were thieves; that they had boast
ed on one occasion Of having gambled l60 dollars
out of a young man, from the country, at the
game of props, and that Allen had given dose
Of ipecac to horse in his stable, who was to run
a race the next morning against another horse 10
whose favor Allen and his associate had large
bets. and that the sick horse was beaten.
Evidence was examined on these severa! allega
tions. The defendant offered to prove that the
publication had been made under an impression
that il VAS true, and that the substance OF the al.
legations had been related to the defendant
hy a third person. On this point Mr.. Child
cited Sd Pickering. $50 Mr.. Parker, for the
Commonwealth. objected to the doctrine, as
destructive Of civil society. it it were establish
ed that an Editor might publish libel, to RUN
the repstatiun Of man, and then excuse him.
self by throwing the blame upon some irresPon'
sible or absent person from whom he got the
story. He cited 18th Mass. Rep. Jackson vs..
Stetson.
Judge Thacher decided that such testimony
could not be received IN justification OF libel.
Ii might be considered in mitigation OF damages,
by the law requires defendant who sets up
iu sliication in an indictment for libel, to prove
! the truth. The allegations are presumed to be
false, until proved otherwise. ;,
! The case was given to the jury about halt
past one, who came into Court at two o'clock,
and stated By their foreman, that they found
the defendant guilty on the first and third
charge, and acquitted hun on the second, as to
the boasting Of having won money at "a game of
props. They further stated that they recon-
mended the defendant to mercy, in considefa-
ton Of the good motives which they believed
! had induced him to publish the libel
The verdict of guilty was entered against the
defendant, and thereupon Mr.. Parker moved
that sentence be deferred until the next teim OF
Court He stated that the defendant had vol
unfairly proposed, befure he knew what the yer.
dict would be, 10 make an explanation in his
newspaper. which should satisfy the feelings
Of Mr.. Allen and his friends, and that Mr.. Allen
would much prefer that to any sentence the Court
might impose. The Judge expressed his plea
sure at proposition for an amicabe adjustment
Of the difficulty, and the defendant gave bonds
to appear at the next term.
To the Sd indictment, for an incidental init
nation in an article in the Galaxy, that one Su.
san E. Munroe, who is dead, was person OF Ill
fame, the defendant retrdcted his first plea oil
not guilty, and entered a CONCESSION. that he
would not contend with the Commonwealth. -
No sentence, we believe, has been passed, II
that case.-BoSton .4duocate
"A few severe verdcts against these ibeiins
editors, would do much good to society, and hell
to rid the press from the supervision and regula
ton of some who now most uuworthiy are asso
ciated in its management. We are clear for the
strong arm Of the law being held ia terrorem
over those whose own sense of proprlety canno
teach them decency.