1791-11-07 (static/transcriptions/1791/11/059.jpg)

112.)

present case. It is there held that if the words be actionable in themselves the occasion of speaking or writing [ILL] excuse them: and if so that occasion here ought do [ILL] for this letter was written in the course of publick enquiry for the furtherance of Justice.
Mr. Richardson on the same side.
quotes the case of the King v. Horne in Cowper 675. where Lord Mansfield says “Whatever the degree of guilty may be be, how strongly soever it may have been proved, or whatever observations may have arisen in this case, yet if the defendant is entitled to a legal advantage from a literal flaw. God forbid he should not have the benefit of it.
And