hended all he brought here,
except about a dozen; and that prior to the traverser's arrest sundry
similar publications had been privately sent to various persons in this
District by some unknown person or persons in this District.
After arguments which occupied nearly the whole of Saturday, in which
the counsel on both sides displayed great learning and ingenuity,
_The Court_ delivered the opinion that the Attorney for the United
States may give evidence of the publication, in this District, of any
copies of the libels charged in the first and second counts of the
indictment. That if he shall have given any evidence tending to show
such a publication here, he will be permitted to show that other copies
of the same libels were found in the possession of the defendant. He may
then give evidence that a certain number of papers or pamphlets were
found in the possession of the defendant, together with the copies of
the libels charged, and of the publication of which in this District,
he shall have given evidence; but he will not be permitted to give in
evidence to the jury the contents of any of the papers other than those
charged as libels in this indictment, unless such other papers have
relation to the libels charged in the indictment, and would not in
themselves be substantive ground of prosecution. He may then give
evidence to the jury of any confessions or acknowledgments made by the
defendant in relation to any of the matters charged in the indictment.
_The District Attorney_ then put in evidence as follows, to show that
the prisoner had many similar libels in his possession, and that others
were distributed throughout the District.
_H. B. Robertson_, constable, deposed that he found some tracts on
Dr. Crandall's table at his office in Georgetown. Don't recollect how
many. There were also a number of them at his lodgings, in a trunk. He
denied to me that he had distributed any, but did not conceal or deny
that he was in possession of them. He mentioned that he was formerly a
subscriber to the Emancipator, but they had stopped it, and he had taken
them in its place. They were sent to him from New York, and came in a
box by water, and not by mail. Witness collected and brought them to the
jail, tied up in a handkerchief. Being fearful of some trouble when he
got into the hack, he proposed to Mr. Jeffers to take Crandall to the
jail through the back streets, and keep him there during the night,
for fear he might b
|