Rex V. Russell: Report of the Trial of Sir Edward Russell, at the Liverpool Assizes for Criminal Libel in the "Liverpool Daily Post and Mercury", Together with the Proceedings on the Application for a Rule Before the Divisional Court

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Daily Post and Mercury offices, 1905 - Libel and slander - 251 pages

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Page 38 - Case made and provided and against the Peace of our said Lord the King his Crown and dignity — [Second Count.}— And the Jurors aforesaid upon their Oath aforesaid do further present...
Page 30 - If it be against a private man it deserves a severe punishment, for although the libel be made against one, yet it incites all those of the same family, kindred, or society to revenge, and so tends per consequens to quarrels and breach of the peace...
Page 44 - JS, was lawfully acquitted of the said offence charged in the said indictment and this, he, the said JS is ready to verify. Wherefore he prays judgment, and that by the Court here he may be dismissed and discharged from the said premises in the present indictment specified : Archbold, 132.
Page 201 - You are the sole judges of the guilt or innocence of the defendant. The judges are here to give any help they can, but the jury are the judges of law and fact, and on them rests the whole responsibility. In this sense the jury are the true guardians of the liberty of the press.
Page 41 - Whereupon the said Attorney-General of our said Lord the King, who for our said Lord the King in this behalf prosecuteth for our said Lord the King, prayeth the consideration of the Court here in the premises, and that due process of law may be awarded against him the said Thomas Paine in this behalf, to make him answer to our said Lord the King touching and concerning the premises aforesaid.
Page 137 - The first question is, whether the article on which this action is brought is a libel or no libel, — not whether it is privileged or not. It is no libel, if it is within the range of fair comment, that is, if a person might fairly and bona fide write the article ; otherwise it is. It is said that there is a privilege, not to writers in newspapers only, but to the public in general, to comment on the public acts of public men, provided the writer believes that what he writes is true ; in other words,...
Page 136 - Nothing is more important than that fair and full latitude of discussion should be allowed to writers upon any public matter, whether it be the conduct of public men, or the proceedings in Courts of justice or in Parliament, or the publication of a scheme or of a literary work.
Page 229 - There is no doubt that the public acts of a public man may lawfully be made the subject of fair comment or criticism, not only by the press, but by all members of the public. But the distinction cannot be too clearly borne in mind between comment or criticism and allegations of fact, such as that disgraceful acts have been committed, or discreditable language used. It is one thing to comment upon or criticise, even with severity, the acknowledged or proved acts...
Page 230 - It is one thing to comment upon or criticise, even with severity, the acknowledged or proved acts of a public man, and quite another to assert that he has been guilty of particular acts of misconduct.
Page 36 - Be it remembered, that AB, coroner and attorney of our present Sovereign Lord the King, in the King's Bench Division of His Majesty's High Court of Justice in Ireland before the King himself, who for our said Lord, the King in this behalf prosecutes in his own proper person, comes here into Court, before the King himself, at Dublin, on [the day the order was made absolute].

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