M'Corkle v. Binns
Supreme Court of Pennsylvania
THIS was an action on the case against two libels published in his gazette, the Democratic press, on the 9th and 16th of September 1808, against the plaintiff, who was editor of a gazette called the Freeman’s Journal. The declaration contained three counts. In the first and second the same publication was laid different ways.
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THIS was an action on the case against two libels published in his gazette, the Democratic press, on the 9th and 16th of September 1808, against the plaintiff, who was editor of a gazette called the Freeman’s Journal. The declaration contained three counts. In the first and second the same publication was laid different ways. It was” as follows: “ But what will not ambition and revenge des- “ cend to? Who could expect better from such a quarter? “ Was not the envenomed simpleton, who professes to be “ the editor of that paper, deprived, of a participation of the “ chief ordinance of the…
1Opinion of the Court
Tilghman C. J.
This is an action for two libels published by the defendant in a newspaper called, “ The Democratic Press,” of which he is the editor and proprietor, on the 9th and 16th of September 1808. Motions have been made by the defendant for a new trial and in arrest of judgment. There were five reasons for a new trial filed, but as some of them were abandoned, I shall consider those only which were insisted on. These may- be reduced to three heads. 1st, That one of the jurors declared, before he was impannelled, that he had made up his mind against the defendant. 2d, That the judge who…
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