The Trial of Reuben Crandall, M.D.: Charged with Publishing and Circulating Seditious and Incendiary Papers, &c. in the District of Columbia, with the Intent of Exciting Servile Insurrection. Carefully Reported, and Compiled from the Written Statements of the Court and the Counsel.Unknown
History
The Trial of Reuben Crandall, M.D.: Charged with Publishing and Circulating Seditious and Incendiary Papers, &c. in the District of Columbia, with the Intent of Exciting Servile Insurrection. Carefully Reported, and Compiled from the Written Statements of the Court and the Counsel.
Unknown
American Anti-Slavery Society; Crandall, Reuben, 1805?-1838 -- Trials, litigation, etc.; Slavery -- Washington (D.C.); Trials (Seditious libel) -- Washington (D.C.)
such evidence of implied malice in them, can be brought to prove express
malice in the publication of the charged libel in the first count. I am
against the motion.
_Mr. Key_, for the United States, then offered to prove the publication
by the defendant of the libels stated in the first, second, and third
counts, _by proving the following facts_, viz: that a large collection
of libels, and among them several copies of those charged in those
counts, with the words "_read and circulate_" in his handwriting, were
found upon the traverser--that he undertook to account for their being
in his possession, and gave untrue and contradictory accounts--that he
acknowledged that he had brought here those then shown to him, being
the same now in court, and that they comprehended all he brought here,
except about a dozen; and that prior to the traverser's arrest sundry
similar publications had been privately sent to various persons in this
District by some unknown person or persons in this District.
After arguments which occupied nearly the whole of Saturday, in which
the counsel on both sides displayed great learning and ingenuity,
_The Court_ delivered the opinion that the Attorney for the United
States may give evidence of the publication, in this District, of any
copies of the libels charged in the first and second counts of the
indictment. That if he shall have given any evidence tending to show
such a publication here, he will be permitted to show that other copies
of the same libels were found in the possession of the defendant. He may
then give evidence that a certain number of papers or pamphlets were
found in the possession of the defendant, together with the copies of
the libels charged, and of the publication of which in this District,
he shall have given evidence; but he will not be permitted to give in
evidence to the jury the contents of any of the papers other than those
charged as libels in this indictment, unless such other papers have
relation to the libels charged in the indictment, and would not in
themselves be substantive ground of prosecution. He may then give
evidence to the jury of any confessions or acknowledgments made by the
defendant in relation to any of the matters charged in the indictment.
_The District Attorney_ then put in evidence as follows, to show that
the prisoner had many similar libels in his possession, and that others
were distributed throughout the District.
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