Page:England's alarm!.djvu/56

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[ 52 ]

The Jury who tried the Dean of St, Asaph, at Shrewsbury, found the fact of publishing only, though in a parley with the Judge, they found also the inuendos, but nothing about a libel, consequently they confounded the distinction, in the case of Woodfall, on which Lord Mansfield said, that a verdict of publishing only, negatived the inuendos. To find, therefore, the inuendos and publishing only, is certainly not to negative the former, but to find, from their admission after they considered them, that there was no guilt in the defendant, and to acquit him. This the court determined, on the motion in arrest of judgment, by saying that the indictment was insufficient, because nothing was averred in it expressly, or by intendment of law. The Jury could not determine on the averments, because the indictment did not contain any, and this is a particular that seems to have escaped all the writers on the subject, who are not of the profession of the law. Hence, after all the eclat that has been made about the Dean of St. Asaph, the question whether the Dialogue he published were criminal,

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