His Lordship, addressing the defendant, anid that after a long and careful trial, Mr Smith, you were found guilty un: animously by the jury on the second count of libel and by aix to one on the first, and the jury recommended you to the merciful consideration of the Court, as they cou. sidered you received provocation and pub: lished the articles b You have filed a affidavit in mitigawhich you to some extent ask for mitigation of the punishment on the same growuds. His Lordship then rend the firat four paragraphs of the affidavit and procveded—Aud in the fif-h paragraph you very properly express your sincere regret for havin: violated the law and unjustly and illegally aspersed the character of Mr. Bandmann, mud you throw merciful consideration of the have anxiously considered what ought to pass on you, a s-tence that not be too severe but at the same time which shall prevent any recurrence of such libels, not only in your paper, but in any ers, and of course ought to take into consideration the nature of the offsuce with which you have been charged and of which you have been convicted. With regard to ti t that you published ides believing them to be true, which the jury also urged in mitigation of punishment, you must be aware that there are three kinds of libel specified in the Act of 6 and 7 Vic. One of these is either publishing or threatening to publish a libel on any person for the purpose of extorting money. That is punishable by thr 4 imprisonment either with or with Lory libel known i able by two yenrs, and by hall award, The third is simply publishing any defamatory libel. In that case the punishment is that the pers-n convicted thereof is liable to fine or imprisonment or bth as the court may award. Tu this case you are charged the third. If you had ed with the second the jury acquitted you of publishing libel knowing it to be foley and found you guilty of publishing " defamatory libel only. Phot ie all you are charged with. Therefore the recommendation of the jury only goos to this extent, that although you are only charged with publishing a defamatory libel, and not a defamatory libel knowing it to be false, yot the evidence might have gone to show you knew it to be false. They also reoummended you to mercy on the ground of great; rovocatiou. Lain unable myself to see any great provocation. It is true Mr. Bandmana made certain remarks
Text read from the printed page and cleaned; old type leaves the occasional error.