Provisional Government v. Smith

Opinion of the Court, by

Frear, J.

Question reserved by Judge Whiting at the last August Term of the Circuit Court of the First Circuit as to the sufficiency of' the indictment, upon general demurrer.

The defendant is charged with having published in a newspaper a libellous article of and concerning one Claus Spreekels. The indictment contains introductory averments and colloquia to show that Claus Spreckels, who is not named in *258the article, is the person referred to therein, and sets forth the article in full, with innuendoes. The passages, with the innuendoes, which are especially relied upon…