The Trial of Reuben Crandall, M.D. / Charged with Publishing and Circulating Seditious and Incendiary Papers, &c. in the District of Columbia, with the Intent of Exciting Servile Insurrection. Carefully Reported, and Compiled from the Written Statements of the Court and the Counsel.

by Unknown

That the evidence did not appear to the Court to justify the inference that the defendant knew and approved the contents of those pamphlets, unless it can be connected with evidence that they were of the same nature with those which he had been a subscriber for.

Key then proposed, as he had shown that the traverser had by his declaration approved of the publications, and had also implied approval by writing on the words read and circulate, to put them in as evidence of intent, in relation to the one published, and given to the witness King.

The Court ruled that they could not be given in evidence, without proof of publication.

Key then proposed to read the Emancipator, as a paper he had subscribed for, instead of which these had been sent.

This was objected to on the ground that there was no proof that he had subscribed for the Emancipator; and that if he had, it was at a period previous to the time about which he was charged with any offence. The Emancipator was sent gratis, and taken by many persons who did not approve of it.

Jeffers was called, and said Crandall said he had taken the Emancipator, or subscribed for it, he didn't know which.

The Court decided that such Emancipators might be given in evidence as were published before the declarations of the traverser.

Thruston, J., dissented from this opinion on the ground that it was not competent to put in one libel, for which the prisoner was not indicted, to show the sentiments he entertained in regard to one for which he was indicted.

In the midst of considerable discussion as to the parts which were proper to be read on the different sides, the most of the day, Tuesday and Wednesday,

was consumed in reading long articles from different numbers of the Emancipators, to show that the Anti Slavery Society intended to use every exertion to procure the immediate abolition of slavery. In the course of this reading, Key proposed to read an advertisement of the different works published by the Anti Slavery Society, which was objected to on the ground that it would admit all the works named to be read, and as Crandall had not been proved to be a member of that Society, he ought not to be made answerable for all their doings, nor for all that the editor of the Emancipator might see fit to publish.