if he had any thing to urge in mitigation of punishment.
The defendant proceeded to read a written statement, and had proceeded to some length, when he was stopped by the Chief Justice, who expressed himself of opinion that the defendant was alluding to matters altogether irrelevant to the case. The defendant shortly after concluded.
JUDGEMENT
JAMES LONG,—After a careful and patient investigation of the charge preferred against you, the Jury returned a verdict of 'guilty' on both counts, and the Court having refused to arrest the Judgement on the motion of your learned Counsel, it is now my painful duty to award the punishment called for by the verdict of the Jury. And after an anxious consideration of all the circumstances of the case, you have been convicted of the offence of wilfully and maliciously libelling the proprietors of the Englishman and Hurkaru newspapers, and under the second count, of libelling, with the same intent, a class of persons designated as the Indigo planters of Lower Bengal. I most earnestly, I may say most strongly and pointedly, called upon the Jury to uphold and vindicate, if necessary, by their verdict the right of free discussion, and to be careful, lest by their verdict the right of liberty of the press might be endangered. In summing up the case, over and over again I recognised and maintained the right of every man to instruct his fellow-subjects by every sincere and conscientious communication which may promote the public happiness; and I stated distinctly and emphatically the privilege possessed by every man, of pointing out those defects and corruptions which exist in all human institutions. The Jury pronounced a verdict which, I have the satisfaction of feeling, rests upon a constitutional basis and cannot be used hereafter against the liberty of the press. There is not a person who would have rejoiced more than myself if the Jury had returned a verdict of 'not guilty' on the ground that they believed you had acted conscientiously and for the interest of society in publishing this book. I grieve to say that verdict could not have been given without those twelve gentlemen believing that you have been actuated by a feeling of animosity towards the Indigo planters in publishing and circulating such a
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