t the state) have thought it of a nature not
at all requiring their interference What can be so preposterous? So
monstrous? And in taking leave of this view of the case, let me once
more ask you who have been actually the publishers of this paper? Have
you a single iota of evidence, which ought to satisfy your minds, that,
but for the insidious conduct of the Association, and its spies, this
pamphlet would ever have been before you or the public? Is there a
shadow of proof that one copy was ever sold, except those bought by the
creatures employed by the honorary secretary (who is also the feed
attorney in this prosecution) for the sole object of entangling the
defendant in this indictment? None, whatever. None. They conspired you
see to procure and seduce (the word is neither too broad nor too long for
their conduct) the publication for the very purpose of this prosecution.
How then having thus suborned the offence of which they complain, can
they dare to stand forward as prosecutors, when they themselves are the
criminals, and ought to be the defendants.
Mr. Justice BEST.--You mean. Mr. Cooper, to offer some evidence of that,
I suppose.
Mr. COOPER.--None, my lord, but the evidence already before the court and
the jury, and the strong and necessary inference from the facts proved by
the witnesses for the prosecution themselves.
Mr. GURNEY.--There were many others lying on the counter.
Mr. COOPER.--What of that, does it follow that they must, therefore, have
been sold? In the absence of all other proof of any publication, I have
a right, I am forced to consider the Association as the only publishers.
Mr. Justice BEST.--In the evidence there is nothing like it.
Mr. COOPER.--What, gentlemen, is it a necessary conclusion, that because
the pamphlets were lying in the shop, they must have been sold to other
persons? The defendant but for their intrusion, for the sole design of
prosecution, might have sold no others. She might have changed her
intention to sell. The pamphlets might have lain like bad verses
untouched on the shop counter, till they were turned over for waste
paper, and not a soul have ever known of their contents. The
Association, therefore, by their insidious and plotted purchase for the
sole object of prosecution, have provoked the act of publication, and
they, who provoke crimes are the criminals, and ought to be the culprits;
and those, who would punish the crimes that they have prov
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