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March 1809
Press. Judge's Opinion
§§.4. Intention proveable?
19
Sole means of taking
away this ground of
extenuation or exemption —
Index expurgatorius. p.25
20.
Application to the case
in hand — in author
or first publisher,
criminal intention
(publication proved)
requires no proof. p.25
21.
But this will not
save the Judges position
from the imputation
of injustice —
For in the instrument
of accusation in
question, ulterior charges
are contained, which the
would have
credited without and
against proof p.25
22.
To mask the injustice
the word form is
employed: form a
standard instrument
of ingenuity: having
no other function than
to defat the object &
disfulfill the engagements
of the legislator
in statute law.
to the profit of Judge & Co
p.25
23.
In defamation the
instrument of accusation
is thus made the instrument
of false defamation
or wrongful
vituperation, or both
23(a)
Instance Almon's case
Deft charged with intention
to produce rebellion.
For what? for
republishing Junius' Letters
which is what ever since
has been done by every
Bookseller in the three
Kingdoms p.26
24
Consequence the Jury
compelled or inveigled
upon their oaths to find
an innocent man
guilty of intention to
produce rebellion. p.26
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§§.4. Intention proveable?
25
Unlicenced defamers
those who speak true
— Judge & Co self licenced
to defence only. p.27.
26
Quest. IV par.4. Criminal
intention is no part of the definition
of the crime
This admitts that a
of the crime
a man is punished
who is not guilty of it.
p.27 —
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§§.4. Intention proveable?
1.
Quest. IV.par4.(a)
[Intelligible description]
See Ch.3.
1. This description of a
libel is not from a
law book but from a
Proverbs —
2 In the original the
scatterer of firebrands
is not a libeller but
a deceiver —
3. More of deceit in this
description than in
the thing described:
4. Though not death
yet deceit was the
object in the confounding
libellers
with murderers.
5. Law, the neighbour
deceived:
6. N.B. Then libellers
are almost every one
who reads or hears.
7. The "sport" analogous
to bull or witness
baiting: sport, can
this be a serious
definition? p.28
Identifier: | JB/026/035/001 "JB/" can not be assigned to a declared number type with value 26.
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law amendment |
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press judge's opinion |
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marginal summary sheet |
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john herbert koe |
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