International Miscellany of Literature, Art and Science, Vol. 1,: No. 3, Oct. 1, 1850Various
Science
International Miscellany of Literature, Art and Science, Vol. 1,: No. 3, Oct. 1, 1850
Various
Art -- Periodicals; Literature -- Periodicals; Science -- Periodicals
Toward the close of the year 1769 Junius sent forth his celebrated letter
to the King, for the publication of which criminal informations were laid
against Woodfall, as well as against Almon and Miller, who immediately
reprinted the libel. "Rex v. Almon" was the first case brought to trial,
and the jury found a general verdict of guilty. The defense set up in the
trial against Woodfall was, that the letter was not libellous. The part
which Lord Mansfield took is well known. He contended that
"All the jury had to consider was, whether the defendant had published
the letter set out in the information, and whether the inuendos, imputing
a particular meaning to particular words, as that 'the K----' meant His
Majesty King George III., but that they were not to consider whether the
publication was 'false and malicious,' these being mere formal words, and
that whether the letter was libellous or innocent was a pure question of
law, upon which the opinion of the court might be taken by a demurrer, or
a motion in arrest of judgment."
The jury retired, and after some hours deliberation returned a verdict of
"Guilty of the printing and publishing only." The attempt of Lord
Mansfield to withdraw the cognizance of the question of libel from the
jury to vest it in the court, contrary, as it unquestionably was, both to
liberty and law, had high authorities for its justification, and was
supported by the unanimous opinion of the judges who sat at his side.
Posterity will acquit the otherwise upright judge of the moral obliquity
of which his living enemies, with regard to this proceeding, pronounced
him guilty, and for which Junius would have crushed the Chief Justice,
had his ability been equal to his will.
Public-domain text, read in full here on John Shaqi.
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