libel in the form of a letter addressed to one of and concerning the said L. W. (that is to say) [insert the libel]; which said false, scandalous, malicious, and defamatory libels she the said M. A., afterwards, to wit, on, &c., at, &c., wilfully, wickedly, and maliciously did send and cause to be sent to the said and did thereby then and there wilfully, wickedly, and maliciously publish and cause to be published the said libel; to the great damage, scandal, infamy, and disgrace of the said L. W.; in contempt of, &c. and his laws; to the evil, &c.; and against the peace, &c. CHAPTER VIII. FORM OF PLEA UNDER THE STATUTE IN CRIMINAL PROCEEDINGS FOR DEFAMATION. THE sixth section of the statute 6 & 7 Vict. c. 96. enacts, that upon the trial of an indictment or information for a defamatory libel the defendant may plead that the matters charged were true, and that it was for the public benefit that they should be published. The following is a form of plea under this section of the statute. In the Central Criminal Court. [Or, if by information,-In the Queen's Bench.] And now the said Thomas Styles, in his own proper person, comes into court here, and having heard the said indictment (or information) read, and protesting that he is not guilty of the premises charged in the said indictment (or information), or any part thereof, nevertheless, according to the force, form, and effect of the statute in such case made and provided, says, that the said libel in the said indictment (or information) mentioned was published by the said defendant after the passing of an act of parliament, intituled, &c., to wit, on the day and year in the said indictment mentioned, and not otherwise, and that before the composing, printing, and publishing of the said libel, to wit, on the day of in the year of the reign of our sovereign lady Victoria, in the parish of Saint Marylebone in the county of Middlesex, the said John Nokes in the said indictment (or information) mentioned, did feloniously steal, take, and carry away certain goods and chattels, to wit, twenty pounds weight of lead of the said Thomas Styles, of great value, to wit, of the value of twenty shillings of current coin of the realm; wherefore the said Thomas Styles, at the said time and place in the said indictment (or information) mentioned, did compose, print, and publish, of and concerning the said John Nokes, the said libel in the said indictment (or information) mentioned, with intent and in order that the said John Nokes might be lawfully apprehended for the felony aforesaid; and the said Thomas Styles further saith, that it was for the public benefit that the matters charged in the said libel in the said indictment (or information) mentioned should be published as aforesaid, and that the particular fact by reason whereof it was for the public benefit that the said matters charged should be published as aforesaid was and is, that the said libel was composed, printed, and published by the said Thomas Styles as in the said indictment (or information) is mentioned in order to the lawful apprehension of the said John Nokes, who then and there was guilty of the felony herein-before mentioned; and this the said Thomas Styles is ready to verify; wherefore he prays judgment of the court here, and that he may be dismissed and discharged of the premises in the said indictment (or information) above specified. (Defendant's signature.) The particular circumstances pleaded in the above form might be given in evidence under the plea of not guilty, since, if the statement of the plea be true, the libel was a privileged communication (see ante, p. 44). This form will, however, sufficiently mark the only points in which the plea of justification in cri minal varies from that in civil proceedings; namely, the formal commencement and conclusion, the statement of venue, and the allegation that the publication was for the public benefit, with the facts by reason whereof it was so. If the defendant fails in proving this plea he pays costs to the prosecutor. 6 & 7 Vict. c.96. sect. 8. CHAPTER IX. FORM OF REPLICATION UNDER THE STATUTE IN CRIMINAL PROCEEDINGS FOR DEFAMATION. THE following is offered as a form of replication to the foregoing plea. In the Central Criminal Court. The Queen v. Thomas Styles. And hereupon [the clerk of the arraigns, or the master of the crown office, as the case may be], who prosecutes for our said lady the queen, comes and says, that for and notwithstanding any thing in the said plea of the said Thomas Styles by him above pleaded, the said Thomas Styles ought not to be dismissed and discharged of the premises in the said indictment (or information) above specified, because he the said according to the force, form, and effect of the statute in such case made and provided, denies the whole of such plea, and says that the said plea and matters therein stated are not true in substance and in fact; and this he prays may be inquired of by the country. |