Child, an anti-slavery activist and the husband of Lydia Marie Child, had published an article charging that State Senator John Keyes had corruptly rigged a public printing bid in favor of "that reprobated Jackson Press," a Jacksonian political organ. He was charged with criminal libel. This is the record of the trial, beginning with the indictment, and including the jury empanelment, opening statements, summary of witnesses' testimony, closing statements, charge to the jury, and verdict. The jury found Child guilty despite his counsel's eloquent defense of freedom of the press: public officials may not "entrench themselves behind" coercive legal "barriers when their public administration is called into question. It is not for them to close the door against official investigation, or check the spirit of free inquiry into public abuses, by threatening to bring down the strong arm of the law upon all who" criticize them.

Excerpt from Trial of the Case of the Commonwealth Versus David Lee Child, for Publishing in the Massachusetts Journal: A Libel of the Honorable John Keyes, Before the Supreme Judicial Court, Holden at Cambridge, in the County of Middlesex, October Term, 1828 This was no more nor less than a proposal to give$500 from the Treasury of Massachusetts to that reprobated Jackson Press. And that the said David L.Child, on the day and year last aforesaid, with force and arms, at Acton aforesaid in the County aforesaid, the aforesaid false, scandalous and malicious Libel, so as aforesaid framed, printed and published, did utter and publish, to divers good citizens of the said Commonwealth, in different towns in the said County of Middlesex to the great damage, infamy, and discredit of the said John Keyes, in evil example to others in like case to offend against the Peace of the Commonwealth aforesaid, and the laws thereof in such case provided. To this Indictment the Defendant pleaded Not Guilty; and the following Jurors were empanelled and sworn to try the issue. Amos Hill, Foreman, . Wat Cambridge, Calvin Brown, . WaWum, Simon Barnard, . Woburn, Samuel C.Buckman, . Wobvm, Elias Crafts, Charlettown, Leonard Emerson, . Maiden, James T.Floyd, . Med ford, Nathan Grout, . Sherburne, Jonah Howe, Jr Marlboro Samuel Hazen, . Shirley, Heman Seaver, . Marlboro Thomas Spaulding, . Billerica. Solicitor General. You perceive, Gentlemen, by the indictment just read, that David L.Child has been indicted, by the Grand Jury of Middlesex, for a libel on the Hon. John Keyes. The part which is derogatory to Mr. Keyes is inserted in the indictment. I am disposed to conduct this prosecution with liberality and fairness towards both of the respectable individuals. It involves important consequences. I have had no conversation with the prosecutor upon the subject; but I am persuaded that if he had not been a Senator, and one of the eyes of the Legislature, or if the publication had touched only his private character, he would have viewed it in the same light as highminded men do the libels, which are strown from one end of the country to the other. You will agree with me that if Mr. Keyes is conscious of innocence he could hardly delay one hour to vindicate himself. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.

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