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 Diſpute concerning what Libels were, that Point was dropp'd.

Here the Council for the King acquainted the Court that the Hague Letter, mentioned in the Craftfman of the 2d of January laſt, was, and could be no other than a falſe, ſcandalous and ſeditious Libel; for that it very plainly by Inuendo's, endeavour’d to ſubvert the Minds of his Majeſty's Subjects, and maliciouſly aſperſe the Conduct and Adminiſtration of his Majeſty and his Principal Miniſters. And that tho’ the Council for the Defendant had made a ſmart Defence for the Liberty of the Prefs; yet they could not be perſwaded that the Abuſing of his Majeſty and his chief Miniſters, and the ſpreading of falſe News, any ways belong'd to that Liberty, and that it was no Part of the Printer’s Trade to ſcandalize whom they pleas'd; but that upon ſuch Defaults they have always been puniſh'd according to the Nature of the Offence.

The Witneſſes being examin'd, and the Council on both ſides having gone thro’ their Briefs, his Lordſhip proceeded to give his Charge to the Jury. Which he did in a conciſe, pathetick, and juſt Manner; firſt beginning with ſummoning up the ſeveral Depoſitions of the Evidences, and then ſhew’d them, that the Council for the King had plainly, and poſitively proved the Publication of the ſaid pretended Extract from the Hague Letter upon the Defendant, and that his Council had produced no Evidence to the contrary; but had only prevaricated, pretending that they could prove the Aſſertions in the ſaid Letter to be true, yet never produced one Evidence to that Effect.

His Lordſhip likewiſe obſerved to the Jury, that the Council for the Defendant had only produced one Evidence, viz. A Conſtable, who had depos'd, That the Meſſengers, when they ſecured Mr. Franklin, ſearched his Pockets and took all the Papers from him