n?" Hereupon the counsel referred to a
dictionary, to which also we refer our readers. "There you see," said
he, "there is no harm in it. At most, the word can in its present
application, be considered only as an intensitive, or the like.
The fact is, may it please the court, it is but a strong form of
expression, and means no more nor less than _very_, and I should be
willing to leave it to the good sense of those who hear me, as to a
jury, to say if my construction is not correct."
Here Tom Gladding nodded his head at Tippit.
"Mr. Gladding," continued Tippit, "nods his head, and I honor his
judgment, and venture to say there is not a man here better qualified
to speak on the subject."
Here there was a general laugh at Tom's expense, in which the court
itself joined. Tom, appearing to regard the joke very little, and
only saying, "The squire's got it right by chance this time, I guess."
Presently, the court commanded silence, and Mr. Tippit proceeded.
"I flatter myself," he added, "that I have satisfied your honor there
is no profane language in the case; and that ought to be sufficient
for my purpose, even though the court should be of opinion that the
prisoner was guilty of reviling; because the words of the statute are
in the conjunctive, providing punishment only where profane speaking
and reviling are united, being levelled, not at one alone, but at
both as one act. It should also be borne in mind, that the statute is
penal, and for that reason must be construed, strictly, in favor of
liberty. But I will now proceed to inquire whether there has been any
reviling in the sense of the statute. Who was intended to be protected
against injurious language? Reasonable beings only, certainly.
Assuredly not the delicate feelings of horses, or cows, or pigs, and
if so, much less those of an inanimate object, like a book. Now,
it will be recollected that the language uttered characterized the
contents of a book, not Mr. Davenport. The words were consistent with
the supposition that the prisoner cherished the highest respect for
him, whatever his opinion might be of the sermon. It was then absurd
to pursue a man criminally for criticising a book, and requesting
another not to read it, which was all that had been done."
Here Ketchum inquired how his brother Tippit would get over the words,
"man of sin," which it was testified had been applied by the prisoner
to Davenport.
Mr. Tippit treated the inquiry with great
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