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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![that the malice, not the falsity or mistake, connected with the publication is that which constitutes the libel. But in addition to all these authorities, I will read you a recent opinion given in our own state, one which has become embodied in the law of the land ; a law to restrain which would fix a shackle on the people more galling, and more destructive to their liberties than any other which could be placed on them. [The gen- tleman here read the decision of Chief Justice Savage in the Supreme Court, in the case of Root versus King, 7th Cowen, and of Chancellor Walworth in -the same case, 4th Wendall.] There is another case to which I will refer you ; it is that of the People versus Coleman, the editor of the Eve- ning Post, to be found in the City-hall Recorder. Here the editor charged a citizen with kidnapping, an action was brought, and the defendant relied for his defence on the fact that he had reason to believe the facts were, as he stated, and the Mayor decided that the defence was good. It is given in evidence, my clients have avowed, and I now avow, that we have no possible malice against any member of the medical profession ; and can it be possible that any arguments to be used by my learned friend, the District Attorney, whose emi- nent talents I so well know, can induce you to believe we had malice ? Can you believe that two gentlemen, holding the rank they do hold in the medical profession, could be induced to become the base libellers you must believe they are, before you convict them ? Surely not, so well satisfied am I that such a result cannot follow, that I leave the case before you with the greatest confidence in your discrimination and independence of mind. The District Attorney, Mr. Hoffman, addressed the jury in a fluent and eloquent style. He said, he would not keep the floor as long as Mr. Maxwell had, to tire their patience, not- withstanding he spoke for near an hour. He would convince them, by the testimony given, that the defendants were guilty of libellous conduct in the Lancet, as respects his clients, Drs.](https://iiif.wellcomecollection.org/image/b21161665_0041.jp2/full/800%2C/0/default.jpg)
