Report of the trial on an indictment for libel in "The American lancet" : containing the whole evidence, speeches of counsel, recorder's charge, &c. : accusers in behalf of the state, J.B. Beck, E.G. Ludlow, and divers others against J.G. Vought, Wm. Anderson & Samuel Osborn.
- John G. Vought
- Date:
- [1831]
Licence: Public Domain Mark
Credit: Report of the trial on an indictment for libel in "The American lancet" : containing the whole evidence, speeches of counsel, recorder's charge, &c. : accusers in behalf of the state, J.B. Beck, E.G. Ludlow, and divers others against J.G. Vought, Wm. Anderson & Samuel Osborn. Source: Wellcome Collection.
Provider: This material has been provided by the National Library of Medicine (U.S.), through the Medical Heritage Library. The original may be consulted at the National Library of Medicine (U.S.)
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![nre amenable to their country if aught there is in the allega- tions for which they ought to be held responsible. [To show the necessity of strict proof in case of libel, Mr. Maxwell cited the case of Harding versus Greening from Espinasse's Reports.] Now in this case, he asked, is it not much strong- er? Dr. Anderson had no control over this publication in the absence of Dr. Vought; and the latter, in surrendering his authority as editor, did not give to Drs. Osborn and Pascalis any authority to publish a libel against Drs. Beck and Ludlow. But the second ground of defence is, that the publication is not defamatory. If read and construed fairly, there is nothing in it which brings it within the definition of a defamatory libel. With regard to one branch of the case I must put you on your guard. If an injury has been done to Drs. Beck and Lud- low, it can only be in reference to them as private citizens. The indictment does not contain any colloquium. It is not charged that it was published of them as physicians—it con- tains nothing which charges that the publication has injured them as in their profession as physicians: now if you believe that there is nothing defamatory in the publication as regards their private capacity, the defendants must be acquitted. With regard to this you may take their own opinions. In the opinions of some honourable gentlemen, some things in this secret society are perfectly right and proper, while in the minds of other persons equally honourable, the same things are deemed improper and pernicious. Among the names of gentlemen given here as members of this associa- tion, are to be found those of Dr. John A. Smith, Dr. Stevens, and several other gentlemen, who would never belong to any society they thought unworthy. You find many highly re- spectable men, who think there is nothing wrong in belonging to a secret society; while on the other side, you have respect- able men who think it wrong to belong to any society which is secret in its nature. It is a mere matter of opinion. Now a matter of opinion, which this evidently is, and expressed to](https://iiif.wellcomecollection.org/image/b21161665_0037.jp2/full/800%2C/0/default.jpg)
