him here.

That in order to show the evil intent with which the defendant published
the paper charged in this first count, it is not competent for the
United States to give in evidence to the jury other _unpublished_ papers
or pamphlets found in the defendant's possession, unless accompanied by
evidence of some acknowledgment or admission, by the defendant, that he
knew and approved their contents.

That the evidence did not appear to the Court to justify the inference
that the defendant knew and approved the contents of those pamphlets,
unless it can be connected with evidence that they were of the same
nature with those which he had been a subscriber for.

_Key_ then proposed, as he had shown that the traverser had by his
declaration approved of the publications, and had also implied approval
by writing on the words read and circulate, to put them in as evidence
of intent, in relation to the one published, and given to the witness
King.

_The Court_ ruled that they could not be given in evidence, without
proof of publication.

_Key_ then proposed to read the Emancipator, as a paper he had
subscribed for, instead of which these had been sent.

This was objected to on the ground that there was no proof that he had
_subscribed_ for the Emancipator; and that if he had, it was at a period
previous to the time about which he was charged with any offence. The
Emancipator was sent gratis, and _taken_ by many persons who did not
approve of it.

_Jeffers_ was called, and said Crandall said he had _taken_ the
Emancipator, or _subscribed_ for it, he didn't know which.

_The Court_ decided that such Emancipators might be given in evidence
as were published before the declarations of the traverser.

_Thruston, J._, dissented from this opinion on the ground that it was
not competent to put in one libel, for which the prisoner was not
indicted, to show the sentiments he entertained in regard to one for
which he was indicted.

In the midst of considerable discussion as to the parts which were
proper to be read on the different sides, the most of the day, Tuesday
and Wednesday, was consumed in reading long articles from different
numbers of the Emancipators, to show that the Anti Slavery Society
intended to use every exertion to procure the immediate abolition of
slavery. In the course of this reading, _Key_ proposed to read an
advertisement of the different works published by the Anti Slavery
Society, which was objected