Page:Nil Durpan.djvu/160

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fully investigated by a Full Bench before they came to a jury. A rule nisi was applied for, and either made absolute, or discharged. In the case of a rule being made absolute the case was considered fit for the investigation of a Jury. The prosecutors had thrown this matter before a Jury without giving Mr. Long a chance of opening his mouth on his own behalf. The mode of procedure would win for the defendant the sympathy of the Jury, as in this country he was debarred from certifying or disavowing his connection with the pamphlet. This was not the state of the law in Westminster Hall; for, sixteen or seventeen years ago an Act was passed to enable a defendant to enter into the question of the truth of the charge. The learned Counsel was sorry to say, the Act had not been extended to this country, but that state of things now existed here, which existed in England at the close of the last century when political animus ran high, and held great sway. The learned Counsel would call attention to 6th and 7th of Victoria and Lord Campbell's remarks thereon, which approved of those Acts as salutary measures, and considered it necessary for a defendant to be able to enter into the truth of allegations cast on him. The learned Counsel would argue that there was no publication of the alleged libel. He would then enter into the question of the truth of the innuendoes, and subsequently as to whether the publication was a libel generally. His learned frierd Mr. Peterson had indulged in a very long address, and had made remarks which he considered quite foreign to the case between the Crown and the defendant. He had entered into a long disquisition on the subject of advance made for cultivation of Indigo. Had the learned Counsel thought it was necessary for the just performance of his duties to be acquainted with the relations between planter and ryot, he would not have accepted the case, as his Lordship knew he had only accepted the conduct of the defence when assured it had nothing to do with the cultivation of Indigo. A great fallacy, in his opinion, pervaded his learned friend's speech. He had assumed that the Native mind was greatly exasperated by this publication; this was the crying evil complained of throughout Mr. Peterson's address. It would have been a very proper complaint if the pamphlet had been published in the Native language, but not without. Then Mr. Peterson spoke of its wonderful circulation. He expected that he would produce evidence of the ryots being

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