Trial of the Case of the Commonwealth Versus David Lee Child, for Publishing in the Massachusetts Journal a Libel on the Honorable John Keyes: Before the Supreme Judicial Court, Holden at Cambridge, in the County of Middlesex
Dutton and Wentworth, printers, 1829 - 119 pages
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Accounts addressed adjourn Answer appeared asked authority believe bills Boston called cause Chair Chairman character charge Child circumstances Committee common Commonwealth conduct considered constitution contract correct course Court criminal decided decision defendant difference doubt Dutton duty editor election Ellis evidence examined fact false favor gentleman give given Government ground hand hear heard House important intent John Journal Judge Jury Keyes Legislature letter libel malice manner Massachusetts matter mean Middlesex motion motives never observed offence opinion Palfray party passed person political preference present principle printers printing privilege proceedings proper proposals prove published punish question reason recollect regard relation respect Robbins rule Senate session speak Speaker stand statement supposed taken testimony thing thought tion took True and Greene truth vote whole wish witness wrong
Page 57 - But if one branch may assume its own privileges without control, if it may do it on the spur of the occasion, conceal the law in its own breast, and, after the fact committed, make its sentence both the law and the judgment on that fact, if the...
Page 23 - In prosecutions for the publication of papers, investigating the official conduct of officers, or men in a public capacity, or where the matter published is proper for public information, the truth thereof may be given in evidence; and, in all indictments for libels, the jury shall have a right to determine the law and the facts, under the direction of the court, as in other cases.
Page 132 - He shall preserve decorum and order; may speak to points of order in preference to other members...
Page 116 - Court from time to time to make, ordain, and establish, all manner of wholesome and reasonable orders, laws, statutes and ordinances, directions and instructions, either with penalties or without, so as the same be not repugnant or contrary to this Constitution, as they shall judge to be for the good and welfare of this Commonwealth, and for the government and ordering thereof and of the subjects of the same...
Page 4 - Chalk afterwards, to wit, on the day and year last aforesaid, with force and arms at the parish aforesaid, in the...
Page 37 - It is essential to the preservation of the rights of every individual, his life, liberty, property and character, that there be an impartial interpretation of the laws and administration of justice. It is the right of every citizen to be tried by judges as free, impartial and independent, as the lot of humanity will admit.
Page 57 - Laws made to punish for actions done before the existence of such laws, and which have not been declared crimes by preceding laws, are unjust, oppressive, and inconsistent with the fundamental principles of a free government.
Page 60 - In all crimes," says Lord Hale, in his Pleas of the Crown, " the intention is the principal consideration; it is the mind that makes the taking of another's goods to be felony, or a bare trespass only ; it is impossible to prescribe all the circumstances evidencing a felonious intent, or the contrary ; but the same must be left to the attentive consideration of judge and jury, wherein the best rule is, in dubiis, rather to incline to acquittal than conviction.