888 Slide – American State Trials 1918 Volume X Leo Frank Document

848 X. AMERICAN STATE TRIALS.

President of the United States, and to bring him into con-
tempt and disrepute, and to excite the hatred of the good
people of the United States against him, did wickedly and
maliciously write, print, utter and publish, a false, scandal-
ous and malicious writing, against the President of the United
States, of the tenor and effect following, that is to say: ‘The
reign of Mr. Adams has hitherto been one continued tempest,
ete.” Now what is the law! The act of Congress provides
among other things that, ‘if any person shall write, print,
utter or publish, or shall cause or procure to be written,
printed, uttered or published, any false, scandalous and
malicious writing or writings, against the government, or
either House of the Congress, or the President of the United
States, with intent to defame the said government, or either
House of Congress, or the said President, or to bring them,
or either or any of them, into contempt or disrepute, or to
excite against them the hatred of the good people of the
United States, ete.?’? The indictment charges the defend-
ant with publishing a false, scandalous and malicious writ-
ing against the President, and the law provides against the
publication of false, seandelous and malicious writings
against the President. The offenses stated in the indictment
correspond with those expressed in the law; the question then
is, whether the name of the book in which such false, scan-
dalous and malicious writings are published, must be recited
in an indictment against en offender? It brings it to this
point. Js it necessary that the title of the publication should
be examined before it can be ascertained that it comes within
the law? Any false, scandalous and malicious writing pub-
lished with intent to defame, is provided against by law,
whatever may be its title or name, or whether it have any
name or not. I know that cases can be produced where the
title of the libel is recited in the indictment. I remember
one cage where a man was indicted for publishing a libel
ealled ‘The Nun in her Smock;’’ but it was not necessary to
mention the title of the libel in that case, nor is it essential
in any. Why is it necessary that every charge against a