had been given to the prosecution to read other parts of the publication not contained in the indictment, in order to obtain a verdict of guilty, was neither jure humano
nor jure divino
. It was taking the defendant by surprise, by giving him no notice to prepare his evidence of the truth of those parts omitted.’
In concluding, Mr. Mitchell
paid a warm tribute to the editors of the Genius
, and expressed the hope that they would be sustained by the jury and by their country.
The prosecuting attorney, Mr. Gill
, made a brief rejoinder, defending the domestic slave trade, and denouncing Lundy
for their ‘fanaticism and virulence.’
said that the jury would acquit or convict upon the matter contained in the indictment, but that they might also derive ‘auxiliary aid’ from the remainder of the article, in making up their verdict!
It took the jury only fifteen minutes to return a verdict in favor of the prosecution, and to declare Garrison
guilty of libel.
at once moved for arrest of judgment, and for judgment of acquittal; but these motions, as well as one for a new trial, made by the advice of the Court
itself, were all overruled on the 3d of April, and judgment was given on the verdict.
Two weeks later, the Court
imposed a fine of fifty dollars and costs on the offending editor, the whole amounting to upwards of one hundred dollars. This was a large sum at that period—more, probably, than the young printer had ever possessed at one time, and far more than any friend to whom he might apply could afford to lend him. He had no alternative, therefore, but to submit to imprisonment; and on the 17th of April, 1830, he entered Baltimore Jail, amid shouts of ‘Fresh fish!
from the prisoners who peered at him from behind their grated doors, and received him with the playful salutation which they impartially extended to all new-comers.
The publication of the weekly Genius
had ceased six weeks previous to this event, the final number being dated March 5, 1830, and completing the sixth month of