Commonwealth v. Child
Massachusetts Supreme Judicial Court
Fletcher and Gardiner offered the petition of the defendant, in which he represents, that in January 1829 he was tried before Morton J. upon an indictment for an alledged libel upon John Keyes ; that he endeavoured to satisfy the jury by proof, that the supposed libellous matter was true, or if not true, that he had such reasonable grounds to believe it to be true, and such good motives and justifiable ends for the publication, as necessarily rebutted the imputation of…
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Fletcher and Gardiner offered the petition of the defendant, in which he represents, that in January 1829 he was tried before Morton J. upon an indictment for an alledged libel upon John Keyes ; that he endeavoured to satisfy the jury by proof, that the supposed libellous matter was true, or if not true, that he had such reasonable grounds to believe it to be true, and such good motives and justifiable ends for the publication, as necessarily rebutted the imputation of malice, and established his plea of not guilty ; that much evidence was introduced (part of which is stated in the petition,)…
1Opinion of the Court
Parker C. J.
There are probably but few cases in which some incidental remarks of the judge during the trial may not be liable to objection, but I doubt whether .they would furnish ground for a new trial.
We do not wish to settle the question before us without deliberating upon it. No doubt parties have rights even against members of the Court. On the other hand, the judges have rights in regard to the time in which they shall be called upon to make reports, and as to the manner of making them. In a case in Pennsylvania, the court object against reporting at length the charge of the judge.
Parker…
2Cases cited1 opinion
- Malson v. FrySupreme Court of Pennsylvania · 1833