CO129-210 - Governor Sir Bowen - 1883 [6-7] — Page 406

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395

"to support such a defence; but the instant article is one which is open to that objection to such an extent as to make the verdict of a jury doubtful.

"It is to be considered also that when, as in this case, the libel is not pointed against an individual but against a class of persons without the mention of any one in particular, the principle on which it is made punishable, if at all, is that it tends to excite the feelings of people against the class, and so leads to a breach of the peace. I do not think the present case could fairly be included in that category.

"On the whole, seeing the difficulty that thus stands in the way, and having regard to the somewhat shadowy character of the imputations, I think it would be inexpedient to attempt a prosecution. There is sure to be a strong feeling against convicting where Government press prosecution proceeds upon any but the most cogent grounds; and I do not think the Government should undertake prosecution of this kind without every ...

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395 "to support such a defence; but the instant article is one which is open to that objection to such an extent as to make the verdict of a jury doubtful. "It is to be considered also that when, as in this case, the libel is not pointed against an individual but against a class of persons without the mention of any one in particular, the principle on which it is made punishable, if at all, is that it tends to excite the feelings of people against the class, and so leads to a breach of the peace. I do not think the present case could fairly be included in that category. "On the whole, seeing the difficulty that thus stands in the way, and having regard to the somewhat shadowy character of the imputations, I think it would be inexpedient to attempt a prosecution. There is sure to be a strong feeling against convicting where Government press prosecution proceeds upon any but the most cogent grounds; and I do not think the Government should undertake prosecution of this kind without every ... 1
Baseline (Original)
6 395 # "to -support such a defence; but the in article is one which is open to that as to make "Kind of treatment so far "the verdict of a jury doubtful. when, "It is to be considered also that as in this case, the libel is not pointed against an individual but # against a class of persons without "the mention of any one in particular, the principle on which it is made punishable, if at all, is that it tends # " to excite the feelings of people against the class, and so leads to a breach of the pease. I do not think the present case case could fairly be included in that category. # "On the whole, seeing the difficulty that thus stands in the # تا way and -having regard to the somewhat shadowy کم کو " character of the imputations, I think it # would be inexpedient to attempt a proscention. There is sure to be a # " # a strong feeling against convicting where Government press prosecution proceeds upon any but the most - cogent grounds; and I do not think # the Government should undertake prosecution of this Kind without "every 1
2026-05-23 11:18:55 · Baseline
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6

395

#

"to

-support such a defence; but the in

article is one which is open to that

as to make

"Kind of treatment so far "the verdict of a jury doubtful.

when,

"It is to be considered also that

as in this case, the libel is not

pointed against an individual but

#

against a class of persons without "the mention of any one in particular, the principle on which it is made punishable, if at all, is that it tends

#

" to excite the feelings of people against

the class, and so leads to a breach of

the pease. I do not think the present

case

case could fairly be included in that category.

#

"On the whole, seeing the difficulty

that thus stands in the

#

تا

way

and

-having regard to the somewhat shadowy

کم کو

"

character of the imputations, I think it

#

would be inexpedient to attempt a

proscention. There is sure to be a

#

"

#

a

strong feeling against convicting where

Government press prosecution

proceeds upon any but the most - cogent grounds; and I do not think

#

the Government should undertake

prosecution of this Kind without

"every

1

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