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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![in his profession, disclaims having used the words imputed to him. [The gentleman here proceeded to give a rapid view of the principal parts of the evidence, to show that there was no malice.] To prove further said he in continuation, that the publication was made in good faith and without malice, you have only to recollect, that both my clients are members of the medical profession, and therefore deeply interested in the truth or falsehood of the reports, that the society did exist. Mr. Maxwell examined at length the law of libel, and the principles applicable to this case. Could these gentlemen have a better mode of ascertaining the truth or falsity of the reports in circulation, than by thus publishing them, and thereby giving to the parties named an opportunity of setting the public right ? You see, gentlemen, that in a succeeding number, the editors avow their wish to publish any correction of the statement which might be fur- nished to them. Now, gentlemen, I will request your attention for a few mo- ments longer. The law requires not only that a publication shall be false, but it must have the additional character of ma- lice to bring it within the definition of libel. In proof of this opinion, I will read you the opinion of an able lawyer, ex- pressed by him in defending the rights of the press. [The gentlemen here read from 3 Johnson's Cases, page 354.] And now, geutlemen, I will give you the opinion of one of the sages of the law, that you may see how far it coincides with that of General Hamilton. [He here read from 2 Kent's Commentaries 12, and the case of Broke versus Bolingbroke, quoted in a note, page .] This, continued the gentleman, is not only the established opinion in this state, but also in other states. [Here he cited the opinion of Chief Justice Parsons, of Massachusetts, in the case of the Commonwealth versus Clapp.] The same also holds in the State of Pennsyl- vania, as will be seen in 2 Binne, page 517, Brackenbridge, justice, in the Court of Errors. All these conclusively show,](https://iiif.wellcomecollection.org/image/b21161665_0040.jp2/full/800%2C/0/default.jpg)
