True American. [volume] (New Orleans [La.]) 1835-18??, 1839-07-04

'e confident that if allowed fair opportunity bring
'og them before the court and jury, that acquttl Of
The defendant would be the result He rested the de
'enc1 upon the right Of freely speaking and writin,
every SUBJECT, as guaranteed by sacred Constitution
lie defence further trusted its ability prove THE
fu III Of all that had been published In support Of
MS 'sh' To addnce the truth in evidence Mr.. p. read
tA'"c's from the Cons uon Of Missouri, where
expressly declared as follows: that in all prosecu-
IONS Tor l'bels the tru thereofmay he given evidence
a"" '''e jury may determine THE LAW and the facts"
lie also read from the Constitution of Mississippi pro-
vision to the same effect. He then quoed the article
tile Constitution Of Louisiana, as follows Printing
shall be free to every person who undertakes
examine the proceedings of the Legislature or any
branch OF the government, and no law shall ever be
made to restrain the right thereof The free comn,uni.
cation {" thought and opinions of the invaluable
rights "t man. and every citizen freely spcak write
ami prnt on any subject being responsible for the abuse
{" that liberty" Was abuse of the liberty of the
press 10 speak the truth9 The defence was prepared
to show that Dr. Nacke had sedut cd the Scotch girl
that she was virtuous young woman until she met
Machie. ; he occupied the humble station Of chain
ber'ai at one Of the hotels, she under tie care
and protection of her sister and lroherin-'aw, who
watched over her nth parental care, supply ing the place
"'"'', now unStt or III Inc grave. Dr.
Mack'e took advantage Of this girl ruined her. nd re-
moved her from the kind enlcarmen,s OF her relatives,
excited her to quarrel will, then-her hes, and only
friends
Not content with this, he concd his poor unfortunate
and Icuded victim larra>s her friends with pre,en-
ded claims for wages. During the pcnle,cy ola suit
for wages against the keeper of the HOTEL the defendant
Mr. Gibson was informed Of the fact, and sent repor
ter who took down " hat occurred in and nbou, tho
cnur:. in relation 10 the An acc cunt of the in
cdcn's was published. In doing So Gibson used the
sacred privilege tf the press which is publish reports
leases occurring in the different courts of judiciary 1t
Is 'h duIy OF the conductor ofpubc papers give am
pie publicity to such cases may tend to enligh=en the
public, with regard I" the character of its The
ohectand reason of this right and duty is eviden,-it
to tear away the cloak of viceto enable the public
voice to administer that Justice which no law, or court
can dispense-o bring down public Indignation for in
stance, upon practising physician, who violates the
trust reposed in him. by destroying the good fame and
character ola young and conGling woman.
Our doors are thrown wide open the oedicul man
whom we select to attend to our families. When they
abuse the faith epose,l in tIcm when they disgrace \
sister, wife duughter-shaIl they escape signal nun.
is,menl! Yet without the press to expo Sc the case il
without an adequate rrn,edy-,he law cou Id not reuch
IT, AS to the facts in this case, the proof Guild be- am.
pie and ndispuablc. The ruined girl hid been placed
by her seducer in the house of free oman Of color
where she was expected shortly to be onined Letters
written by Dr. Mackie himself would be produced and
would prove the an fact, seduction os the girl ond
doubt.
On the subject Of prosecutions fer libel Mr. p gays
short history of the ,yrannca ard oppressive laws
made and forced by the despo,ic oreromens of En-
rope Works, merely alIuding TO government were
prohibited, and their authors puns aed by dungeons and
| letters Works written advoca, e che cause Of human
liberty, were burned in the public aces bv the common
hahg1nan. Censorships es tablished and every
means used TO quench the light of truth and reason
Nothing could be printed unless revousy submitted 10
censo's' and approved by them and in some instances
i"dN'dals were punished aitors for merely sub-
uniting to the ,e'sors writings advocating liberal onin
ions. Among other instances, Mr.. p. particularly al
luded 10 the old English Star -lnter which was the
polluted source of the odious ,nd absurd duc,rine that
the greater the truth the greater the libel AS the of
civil s. religious liberty advanc ed the ryors of this outa
geous principle was relaxed more liberal set of rrin
cp'cs are upheld particularly in the United States
under our glorious federal Constitution, and our
free institutions. Witness the statutes and Const;tu
tons OF the several Staes in behafof the liberty of the
press and in fact Anne rcan case can he nuot,d in
which the vlencc OF truth was refnsed e,c,nt !, ho
tracentc the decisions Of the oJous Star Chombc
under the influence of power and despctisn1- to the
Star Chamber court where the trial by iurv was no,
allowed. But then Tire contrary the majority of
American cases, and the most respectable of them 90
with the spirit OF the asc and Of rational liberty.
Mrs. Shand was now called to the stand
4fH Gen. Whit do the counsel for the defendant
propose to prove'
Mr. Pry|o~. We propose to prove by a letter from
Mnrti" t" Mrs. Shaud, rhat-
tn. Gen. Let dat letter.
The letter was la ndcd TO the A,tornc, General. AZ
ter some delay, he and objected 10 it as irrelevant
The prosecution ha nohinS To do with the letters Of
Mackc. 10 cut TIL" matter short lie objected that the
truth shouldh be girsn IN eridcnce.
mr. Sou/e sad II hat the object of the evidence offered
was NJ" merely I" show the truth of the libel but to
show that if DR.. Macke had been injured it was by his
act and ha mad himself alone to hlume He was the
frSt'o publish the libel by the writing and sending of
the letter offered lie had been injured by himself and
| not by Gibson.
Mr.. Randall Hunt then entered into an argument to
show that the evidence could not be admitted.
Mr.. Cohen hcr addressed The Court in an able srccc,
OF more than two hou's in length, upon this question:
lie went over the whole subject of the law Of libel and
showed conclus lively 1rt the provrnb that nothing is
law that not reason" applied in this country pnrcu-
~. lie nrgncc that the truth ought to he admitted in
evidence and TINT the greater the truth the greaier the
libel was only suited TO the subjects of the monarchs of
Europe and not to the free citizens of n republic.
After Mr. Cohen had closed, Mr Peyton gave short
and feeling statement The points he intended to main
tam his address on Friday. lie will argue that
L. The doctrine Of the common law which! forbids the
truth from being received in evidence, originated under
| the ''rspoiIc sway of the Star Chamber
. Previe us TO the decisions of the Star Chamber the
| truth WINS crvel in evidence.
3. The passed in l792 under George II T. wa. de.
rlaranrr Of the common law, and gave The, jury the,
power an right tn jn'!gc the law and ,clacts in all
| prosecutions for libel.
l. The truth may be proved show i! at no malice
was int nded.
>. The weight of American authorities in fax or of
the doctrine, that the truth should be heard bv the
jury, :,nd to withhold it from the jury and Il, the same
TIM" 10 require them to give verdict OF guilty or no,
guilty on all the ISSUE would be TO ask them
! to CO nm perjury
6- DIR. Mack", having irSt written the ncs in let
ter. was the first to publish the libel an consequently
1t w rs not Illegal nor cnlpab'e repuhIiSh them.
ujDrsring To d" justice all the atrornes in the
case, we shall give their speeches full us fast us we