Attorney : For tho' I freely acknowledge, that there are such Things as Libels, yet I must insist at the same Time, that what my Client is charged with, is not a Libel ; and I observed just now, that Mr. Attorney in denning a Libel, made use of the Words scandalous, seditious, and tend to disquiet the People ; but (whether with Design or not I will not say) he omitted the Word false.
Mr. Attorney, I think I did not omit the Word false : But it has been said already, that it may be a Libel, notwithstanding it may be true.
Mr. Hamilton, In this I must still differ with Mr. Attorney ; for I depend upon it, we are to be tried upon this Information now before the Court and Jury, and to which we have pleaded Not Guilty, and by it we are charged with printing and publishing, a certain false, malicious, seditious and scandalous Libel. This Word false must have some Meaning, or else how came it there? . . .
Mr. Ch. Justice, You cannot be admitted, Mr. Hamilton, to give the Truth of a Libel in Evidence. A Libel is not to be justified ; for it is nevertheless a Libel that it is true.
Mr. Hamilton, I am sorry the Court has so soon resolved upon that Piece of Law ; I expected first to have been heard to that Point. I have not in all my Reading met with an Authority that says, we cannot be admitted to give the Truth in Evidence, upon an Information for a Libel.
Mr. Ch. Justice, The Law is clear, That you cannot justify a Libel . . .
Mr. Hamilton, I thank your Honour. Then, Gentlemen of the Jury, it is to you we must now appeal, for Witnesses, to the Truth of the Facts we have offered, and are denied the Liberty to prove ; and let it not seem strange, that I apply my self to you in this Manner, I am warranted so to do both by Law and Reason. The Last supposes you to be summoned, out of them Neighbourhood where the Fact is alledged to be committed; and the Reason of your being taken out of the Neighbourhood is, because you are supposed to have the best Knowledge of the Fact that is to be tried. And were you to find a Verdict against my Client, you must take upon you to say, the Papers referred to in the Information, and which we acknowledge we printed and published, are false, scandalous and seditious ; but of this I can have no Apprehension. You are Citizens of New-York ; you are really what the Law supposes you to be, honest and lawful Men ; and, according to my Brief, the Facts which we offer to prove were not committed in a Corner ; they are notoriously known to be true ; and therefore in your Justice lies our
