in the eye of the law, and was compatible with entire
innocence; and possession alone was no offence.
_Key_ cited a number of authorities to show that _prima facia_ evidence
of publication only, was necessary to let the libel go to the jury.
Here was a publication--the jury must judge of the intent--with the
handwriting of the prisoner endorsed with the words "read and
circulate;" and he made the point that when a libel is printed, and
a copy is found in possession of the prisoner, it is _prima facia_
evidence to allow the libel to be read. To prove that the words were
on the libel given to King, in the prisoner's handwriting, he called
_William Robinson_, who testified, that he saw the pamphlet which King
said he got of Crandall in Linthicum's shop, and that the words "read
and circulate" were written on it.
_The Court_, deeming this to be _prima facia_ evidence of publication,
permitted the pamphlet to be read to the jury, or so much thereof as
either party might think proper to be read, and pertinent to the issue.
_Key_ was about to read the libel.
_Coxe_ objected, that it was not the libel proved to have been given
to King, for that was lost.
_King_ was called again and said the paper he had was lost; how or where
he did not know; but he identified the one handed to him as an exact
copy of the same pamphlet; but said he could not say what writing was
on the one he had. He might have remembered if he had not seen some with
and some without writing.
_C. T. Coote_ was one of the examining magistrates in the jail when
Crandall was arrested. He recollected that King pointed out one with
the writing on, as similar to the one he had, and that Crandall admitted
the writing to be his.
_B. K. Morsell_, another of the magistrates, recollected that King
stated distinctly, that the words "read and circulate" were on the paper
when he got it; and that Crandall said it was his handwriting, but he
did not recollect Crandall's saying it was put on a year before.
The question was here raised and argued by the counsel on both sides,
whether any evidence could be given of any libels, except those of which
the publication was proved, unless they referred distinctly to the
libels charged in the indictment.
_The Court_ was of opinion that the United States could not give in
evidence to the jury, for the purpose of proving the intent of the
defendant in publishing the libel stated in the first count, any papers
subse
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