National Republican., 1881-11-07

cause supported by oath or affirmation of such per-
Not the oath of somebody else that he has talked
| with
in which shall be stated the facts within his own |
knowledge constituting the grounds for such belief
| OF suspicion.
1t viii not be denied that tho same certainty is re-
/ quired In an information as In an Indictment.
| (See Bacon's Abrdgement, 3d. page 6i0) Ifthis Is
50, it requires at least much evidence to support
| IN Indictment The affidavit upon which the ap-
pication Is made, or rather upon which the inior-
nation Is filed, must disclose all the material lacs
OF the case. The court in n Of this kind takes
| the place Of grand jury. The facts must be dis.
closed ~ good Ialt ana wnen IsSSsS1 Csnson mus
| formation and belief: they are not connected
All the Information and belief IN I the
ton suppress any material fact, that fact can be
brought TO the notice OF the Court, and the Court
will then ectprecisey as he would have acted had |
that fact been presented at first In this con-
Wooimer ct al, ia Adoiphus & Ellis, 422. The |
| Attorney General obtained a rule upon the de- |
PENDANTS e show cause why criminal iniorma,
newspaper libel. The afIidaviis referred to the |
newspaper, but the paper was not filed with the
| nfhdavits
The Court-Denman, C. J-hcld that
We can look at the aiIldaylts only, ss The
esscna hat the rules should be drawn upon reading
y No rule can be discussed on documents to which
| Llttcdalc Justice
The newspaper has, indeed been shown TO the
Court but 4 has no. been annexed to the afdavs,
lin this cnse the papers referred TO were not even
shown To the Court The Court has never seen
these papers that were obtained for the purpose of
misleading" and corrupling" the Second AS
slslant Postmaster Generalthe letters and papers
said to have been furnished by my clientl
Sv S wS wSE wSaS SeSoS oe @ e enass @ "
should be made an exhibit and hed; but merely pro.
i In evidence We are ut present I'm the same post
neWs aper Which, Se SS a
-, The defendant ought TO be apprlsesd OF
court.
Patterson, justice, held:
Evidence must be given which is good under the
statute or good at common law.
Aud the rule was discharged.
In the case of Queen VS.. Stranger Law Re-
ports, Queens Bench Court, p. 352, the motion for
for libel should not be iled was supported by an
aihdavit alleging on information aud belief that
the defendant was the publisher of the libel. The
court held that the rule must DO discharged, on
the ground that the alldnvits did not contain any
evidence Of the publication OF the libel by the de-
fendant: that an affidavit made on information
or belief is not sufficient legal evidence. That IS
exactly our case. There l. an affidavit here made
upon Information and belief, but It Is not suiii-
oient legal evidence" II is utterly and hopeessly
Inadequate. The gentlemen on the other side
probably drfted into this position by following
the New York custom of arrcsting people without
requiring an oath or an affirmation: IL was that
practice that brought iniormations into universal
ABHoREScE AND CONTEMPT.
T II was the practice I'm England to allow the
attorncy-general to come into court and proceed
against any citizen without oath and without
Affirmation That was the practice in the court
known as the Star Chamber. That court had It's
, jurisdiction extended. believe, in the time of
Henry VII, and IT kept extending It. It had not
the right to pass sentence of DEATH but It passed
sentences of imprisonment II nut men In the pill
lory; II branded them; cut off their limbs; took
from them their estate; made them infamous;
and ofienses multiplied until II cost man his
liberty his property, and his reputation simply to
! have made disparaging remark about some
royal robber That was within the province Of
that court and the reason II became so odious was
that informations were filed without oath or
affirmation. They did exactly as they now do in
the State of New York. IL is not necessary for mo
to give the history Of that court There is not
lawyer In the world who does not know IT, There
Is not lawyer in the world who does not know
that the practice Of
FILING ISFoRMAToNs WITHOUT OATH
\ was the club in the hands of the Tudors that
) struck down liberty in Great Britain There Is no
0 lawyer who does not know that 1t was used by
u art G finally \ 1G DoO SSOd 10 Of nF SS
land had no real liberty until that court abol
ishcd IN the year 16il-the birthday, you may al
most say, of English manhood and liberty Stricken
down-why? Because they branded the citizen
without oatb and without affirmation; because
they put substantially the life, the liberty, the
property, the happiness of every man in the king.
dom ut the beck, the will the caprice, the malice
Of The Kings Council and Of the kings attorney
kinds. We have servants They are the servants
OF the people. The great sovereign is the people
the people To say upon what condition the liberty
of the citizen shall be stricken down. And let me
say here to-day, because
/ SEEMS TO ME ENTIRELY APPROPRIATE,
that the great the sole, the only legitimate object
when followed to its last result, of any good and
n legal government Is TO preserve the liberty Of the
that The preservation of the Nation is simply the
Il preservation Of the liberty OF the Individual.
4, my Judgment, that idea Is in accordance with the
. genius OF our Government Now, upon this same
@ subject, let me call attention to another thing
stated In the argument of my friend. Colonel Bliss.
Allow me n,. 70 Say that ! admit eheerinlly
his intentions s aTe Perfectly honorable iGs IN iSs ease e
= We simply differ upon modes and methods. do
not believe that he wishes to subvert this Govern
!. mcnt or our modes of procedure do not believe
Y that he wishes to trampe into the earth the liberty
Of the citizen. But am going to state the etie I
BRSH IN Si he s
= remarkabe statement, and am sorry not to sec
y that desire his presence is that hate to speak Of
u any man who is not present
But fthe Court should regard the question rs doubt
That is, as to whether it is IN infamous ofense
N | or not.
IS But ire Court should regard the question rs doubt
q | proceed.
hazard the declaration that that is an original
uEhtSSr Sa by p ia ST@nG
. any legal report or in the report of any speech or
anything OF the sort ever published made or filed
been made by the prosecution. You are told that
II there Is any doubt about your Jurisdiction the
fair way is TO decide that you have got IT, Laugh
teri You are told that fthere Is amy doubt about
n this being infamous crmel the safest way is to
!, decide that 1t is. tlnughtcrl Now, why?
Al the rights of the accused will be protected, and
those OF the Government saveL
G reeollect Of n gentleman who was elected JUS
y tlce of tle peace. man was arrested by the
% police during the night aud brought to the JUS
r. tees oflcc The case was heard Not solitary
70 thingwas found sg9inst ine man except that the
Y him: :" will only fine you dollar aud costs -
10 lI.aughterl Alnwyer snd 10 him: why, this Is
2. well" said the justice, il YOU don't ine him
m you might just as well not have arrested him
d Laughterl Somebody has got to pay the costs OF
10 theatre one time to SEQ n lille play One of tho
ID characters in this play never does anything with
s. out quoting some Guthorityi lie always has his
pr authority on hand. rec9iect one occasion when
| aud they having one by one gone away, looks on
/. the door and $40 bill lie picks Il up. The
lr question with hmis
is WHAT TO DO WITH 1T.
He says: Maybe they lost 1t; maybe they didn't
n If should sNy had found II, 1t might be the
rs means of these men lying about having lost It,
m There Is doubt in my mind rs TO what | ought tc
~ do Then putting the bill IN his pocket he said
OF 'When in doubt take tho trick" That is really
io the argument urged IN this case. "If Your Honor
tS has any doubt MS to whetheryou have Jurisdiction
I'M the safer way Is TO decide that you have. If YOU
Ut have any doubt as to whether II Is proper pro-
., ceeding, the safer way is TO say that you have
to II YOU have amy doubt about, the guilt the
safer way o - o 70 hs say yoa Sw Of B syorS all Shc
p. ized nation says exactly the other way There I,
lg not law in the world upon the subject but sayi
gs when the court hns has any doubt about the
III about the guilt Of tho prisoner, stopl THAI
has been the law for centuries, aud will be
III until man returns 10 nalroeriSm ll, except y