A Report of the Trial of the King V. John Hatchard: For a Libel on the Aides-de-camp of Sir James Leith ... and the Grand Jury of the Island of Antigua, as Published in the Tenth Report of the Directors of the African Institution. In the Court of King's Bench, Before Mr. Justice Abbott ... on February 20, 1817, Together with Mr. Justice Bayley's Address in Pronouncing the Sentence of the Court
Whitmore and Fenn, 1817 - Slavery - 134 pages
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Page 36 - Attorney General.— May it please your Lordship. Gentlemen of the Jury, I rise to endeavour to perform my duty to Mr.
Page 132 - ... persons, in whose hands you have been the instrument, is a matter which we cannot say. I feel myself warranted in saying, that it is at least unfortunate, that any resolution should have been passed, by which the author of a publication of this kind should have been effectually screened from justice. It is insinuated, that this originated in a letter from the West Indies. There is no affidavit that any such letter existed ; but supposing, that there were such a letter, it is not necessarily true,...
Page 68 - ... It is not necessary to give any opinion how the Information must be drawn, or whether it must be a Libel against all the Directors. It seems to be a reflection upon all the Directors, and the conclusion of it seems to throw a general reflection upon the Company. As it points out none in particular, it must reflect upon all, and create a distrust of them in the public ; and therefore I think the rule ought to be made absolute ; and it will be for the Jury's consideration, whether this reflects...
Page 134 - Isaacson's sentence was, that he should pay a fine to the king, of 100/., and be imprisoned in the custody of the Marshal of the Marshalsea until it was paid. No sentence was passed upon Marsden ; but he entered into his own recognizance to appear when called upon ; and into recognizances, with two sureties in 100/.
Page 66 - In 1709 a defendant, on being served with a rule of the queen's bench to show cause why an information should not be filed against him, spoke of the rule in a contemptuous manner.
Page 100 - ... such refusal was given, the drawer, as to him, would have been discharged; but the action is not brought by Sinclair, but by the plaintiff to whom he had indorsed the bill, and without notice by him to her that the bill had been refused acceptance. The question then will be, Whether she can stand in a situation different from that in which he would have stood if he had brought the action? On the part of the defendants it is argued that there is no distinction; and this is contended, first, upon...
Page 66 - Where a paper is printed equally reflecting upon a certain number of people, it reflects upon all ; and readers, according to their different opinions, may apply it so.
Page 67 - ... must be some mistake there, I do not know what it is, — " but the Court held, that for the printing such an account of the Jews, as would tend to make people believe them so barbarous as to burn a woman and her child because it was begot by a Christian, the Information ought to go. Now as this is equally applicable to all the Directors, the readers may equally apply it to any one, which is the inconveniency this Court always endeavours to prevent.
Page 67 - it appeared by affidavit that the persons upon whom the reflection was niade were moved '—there must be some mistake there, I do not know what it is, — " but the Court held, that for the printing such an account of the Jews, as would tend to make people believe them so barbarous as to burn a woman and her child because it was begot by a Christian, the information ouÁht to go.
Page 75 - ... that could be adopted. The law of libel as it affects publishers, and the reason for the law, were thus clearly enunciated on the trial of Mr. Hansard: " There is no doubt that by the law of this country, and of all other civilized countries, a printer or bookseller is answerable criminally as well as civilly, for the contents of the books he publishes, no less than the author of them. If indeed the law should be otherwise, reputation, the protection of which is one of the greatest objects of...