Page:Nil Durpan.djvu/178

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and thoughts. It might have been urged that he disavowed those sentiments, and he (the learned judge) had fully expected to hear some disavowal of them at the outset of the trial, some explanation, possibly that they had been overlooked in the hurry of publication; but the case had gone on and had come to close without an apology, or retraction of the insinuations against English women on the part of the defendant or his Counsel. He would read another passage, and ask the Jury what was meant but an improper influence on the part of the wives of the Indigo planters over the Magistrate, who allowed himself to be influenced in his decisions by what might be the conduct of the Indigo planter's wife towards him. If any other construction could be put upon that passage, no one would rejoice more than His Lordship and it was for the jury, and the jury alone, to decide any question of fact involved in the case. That statement was sent to England without a word of explanation or caution; and every civilian, merchant, and he hoped every clergyman, would agree that such a statement should never have been sent to England for circulation.

Then, again, as bearing on the question of bona fides in the publication and circulation, the jury would take into consideration the evidence as to the lists which had been produced that morning. His Lordship had asked Mr. Lushington whether the persons mentioned in the smaller list were those to whom the Government of Bengal were in the habit of sending copies of works to shew the style of Native literature and the state of Native society. (His Lordship here read out the small list printed below.) It commenced with the Secretary of the Aborigines Society, and the Peace Societies, and included the names of the Earl of Albemarle, Messrs. Bright and Cobden, the members of Council of India, Mr. Marshman, and Mr. Layard. Those names included members of Parliament, clergymen, and religious societies, and these were the parties that were to receive copies of the Nil Durpan according to the reverend defendant's own desire. A man had a perfect right to send privately any document to Government which tended to ameliorate the state of society, but not to publish to the world charges which he cannot substantiate or does not honestly and conscientiously believe. Whatever might be the decision of the Jury regarding a criminal intention on the part of the Rev. Mr. Long, he had the

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