CO129-012 - Sir John Davis - 1845 [5-7] — Page 385

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the course

α-

Iconcurred in

f proceding there recommended by the littorney General,

a the ground that a private prosecution was most likely to be successful, both on account of the temper of the public at this place, and the opportunity thereby afforded to the prosecutor of giving upon oath. full statement of the peal circumstances of the case, and justifying himself, while bringing the publisher of the libel to - punishment. For this peason &officis informations in cases of libel have been, as I understand from the Chief Justice, in practice almost entirely discontinued in England.

As the course then suggested has been actually adopted, and the rule for a criminal information made "absolute upon a full hearing of the case, the Council are of opinion that

an

change

to the

578

change of the proceedings writs only tired to expose both the Government and Your Excellency grave charge of unnecessarin, harassing the deferidant with a multiplication of legal procedings

costs, and that under cover of the sympathy. which this act of apparent prosecution might, sroite in behalf of the defendant, the great object of the prosecution, would be frustrated.

It appears that nothing pemains for the Jury, but to fired the fact of the publication, of which no possible doubt

can exist.

I have to

(Signed) I. H. Davis.

tive Appy.

Maine

Officiating Colonial, beretary