An Enquiry Into the Extent of the Power of Juries On Trials of Indictments Or I
An Enquiry Into the Extent of the Power of Juries On Trials of Indictments Or I
Francis Maseres
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For, if it can, it is a matter of fadt, and the jury have a right to confider and determine it. Now it is certain that thjs tendency can in mofl, if net in all, cafes be either [ 21 ] either proved, or difproved, by witnefiess though it may alfo, in (ome cafes, be col- lecfted from the mere perufal of the paper, li^ the paper contains blacks and initial let- ters (as mofl: of thefe papers do, ) then it is mod: evident that, till the meaning of thofe blanks is afcertained, the tendency of the pa...per cannot be known; and the right of afcertaining the meaning of thcfe blanks is confefled on all hands to belong to the jury. Therefore in thefe cafes the right of deter- mining the tendency of the paper muft belong to the jury. And, if the paper contains no blank?, but is full of allufions to perfons of great rank and power defcribed under feigned names by circumQances that are peculiar to them, it is neceffiry to have witneflcs to prove ihat thofe circumftances relate to the faid perfons, and confequently that they are the perfons meant to be pointed out to the fcorn and indignation of the public by the writer of the paper.
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