before and
after opening, which the court refused to admit in evidence.

Mrs. Austin went on and testified, that she did not tie up the package
again, but left it, and she saw it repeatedly in the same state up to
the time of prisoner's arrest. She also saw several Emancipators in the
house, and one or two tracts sent by mail, which she used or destroyed
as waste paper.

_Bradley_ here offered to put in two letters and a deposition from the
man who gave Crandall the package in New York.

_Key_ objected that it was not legal evidence.

_Bradley_ knew it was not, but the witnesses were beyond the reach
of the court--they could not be forced to come and testify; and had
distinctly declared that they were afraid to come into the District.
He had last term requested the District Attorney to join him in taking
their depositions, in consequence of the circumstances, but having been
refused, he had gone on and taken them exparte, and he hoped they would
be allowed to go to the jury.

_Key_ was willing to admit any thing reasonable, but this testimony was
clearly inadmissible.

_The Court_ said, by the rules of evidence, it could not be given but
by consent.

_Mr. Carlisle_ opened the summing up for the prosecution, and remarked
that his was observed by the opposite counsel to be the only case of
seditious libel ever brought before this court, and I will add,
gentlemen, that the decision of it may determine whether or not it may
be the last;--whether or not this traverser may return to his fellow
laborers in iniquity, and inform them that _here_ he has found the gates
wide open, and the way all clear for the propagation of their libels and
their plans. It has been truly said that this topic is one of excitement
all over the country. Under these circumstances this traverser may
congratulate himself upon the opportunity of a fair and full trial, and
that he has not been the victim of summary justice. But, gentlemen, let
justice lose nothing of its proper efficiency by being administered with
coolness and deliberation. The opposite counsel say that the charge
is grave. Aye, gentlemen, it is so, but the proof is full. The offence
charged is one of a fatal, devastating, and, beyond all power of
palliation, most horrid character. These libels are not like common
libels, which tend to bring individuals into discredit and disrepute.
It is an offence of which the like is not contained in the annals of
criminal jurisprudence, pe