, admitted the words, "please read and circulate"
to have been written by himself. He saw in Crandall's shop two or
three of them, not more than three. The plants were enveloped in large
newspapers. Crandall had been in Georgetown about three weeks or a
month, at this time. Witness was frequently in the shop. Crandall was
much engaged in gathering and preserving plants.

_Key_ proposed to read from the pamphlet.

_Coxe_ objected that the publication, with the malicious intent charged,
had not been proved, and that it was necessary before going into any
other evidence to make out the fact of publication. The paper could not
be read to show the intent, when no evidence of publication is offered
to show such a publication as is charged; and he cited various
authorities of no interest to the general reader.

_Key_ argued that possession alone of a known published libel, was
evidence of publication sufficient to call upon the defendant to show
how he came by it. The intent was to be inferred from the character of
the libel: and the evidence he had already given was sufficient _prima
facia_ evidence to put the prisoner to his defence, and allow the libel
to be read to the jury. He meant to show other circumstances which would
show the intent. If the evidence of having given one to a witness, and
having in possession a bundle of other similar libels was not enough,
then a man has only to keep them on hand, and take care not to give them
away; but he may tell every body that he has them, and advertise them
from one end of the country to the other; and may give them to every
body who chooses to call for them, without any danger from the law.

_The Court_ called King again, when he stated that Crandall permitted
him to take away the pamphlet at his request, reluctantly; that it was
a private office, without any sign, or indication of business, or any
thing shown for sale at the windows, nor any thing for sale in the shop.
The pamphlets might have been thrown down in the confusion of unpacking;
and he never saw but three persons in the shop, which was usually kept
locked. Crandall was mostly out collecting plants; and he once saw him
describing some specimens to Mr. Cruickshank and Doctor King; he
understood Crandall had given out that he was about to teach botany.

The counsel for the defence here contended, that this was not sufficient
evidence of malicious publication. The delivery to King was no more than
simple possession