Mr. _Attorney_, ... "The Case before the Court is, whether Mr. _Zenger_ is guilty of Libelling his Excellency the Governor of _New-York_, and indeed the whole administration of the Government? Mr. _Hamilton_ has confessed the Printing and Publishing, and I think nothing is plainer, than that the Words in the Information are =_scandalous, and tend to Sedition, and to disquiet the Minds of the People of this Province_=. And if such Papers are not Libels, I think it may be said, there can be no such Thing as a Libel." Mr. _Hamilton_, "May it please your Honour; I cannot agree with Mr. Attorney: For tho' I freely acknowledge, that there are such Things as Libels, yet I must insist at the same Time, that what my Client is charged with, is not a Libel; and I observed just now, that Mr. Attorney in defining a Libel, made use of the Words =_scandalous, seditious, and tend to disquiet the People_=; but (whether with Design or not I will not say) he omitted the Word =_false_=." Mr. _Attorney_, I think I did not omit the Word =_false_=: But it has been said already, that it may be a Libel, notwithstanding it may be true. Mr. _Hamilton_, In this I must still differ with Mr. Attorney; for I depend upon it, we are to be tried upon this Information now before the Court and Jury, and to which we have pleaded =_Not Guilty_=, and by it we are charged with printing and publishing, =_a certain false, malicious, seditious and scandalous Libel_=. This Word =_false_= must have some Meaning, or else how came it there?... Mr. _Ch. Justice_, You cannot be admitted, Mr. =_Hamilton_=, to give the Truth of a Libel in Evidence. A Libel is not to be justified; for it is nevertheless a Libel that [i.e. tho'] it is =_true_=. Mr. _Hamilton_, I am sorry the court has so soon resolved upon that Piece of Law; I expected first to have been heard to that Point. I have not in all my Reading met with an Authority that says, we cannot be admitted to give the Truth in Evidence, upon an Information for a Libel. Mr. _Ch. Justice_, The Law is clear, That you cannot justify a Libel....