George Barrell Cheever: Deacon Giles' distillery (1844)

The Attorney General opened the case for the prosecution. Witnesses were brought forward to prove that the description in the dream answered to Deacon Stone and his distillery; that Deacon S was a distiller and had been for twenty years; that he was treasurer of a Bible Society, and deacon of the First Church—had a countingroom in the N. W. corner of his distillery; that a relative of his was found drowned in one of the vats of the distillery seventeen years before: the distillery was an old, black building: that the Deacon had a son who was intemperate : that advertisements were frequent in the paper—" Apply at John Stone's Distillery," &c, &c. Mr. Choate spoke for the defence. He said the main point was with what intention did Mr. Cheever write the piece. He took an wide view of the evils of intemperance and the obligations incumbent on all good men in every lawful way to labor for its suppression, and showed that Mr. C. herein was doing only his duty, and what if he had failed to do, since it was in his power, he would be answerable for. In one sense it was all true of Deacon Stone. It was written of all distillers, and he was a distiller. It was written of every body's rum, and he made rum; the rest was all machinery. It was useful truth; such truth as a clergyman might speak from the pulpit; truth which ought to be published, everywhere and in every way, that those who make rum may make it no more, and that an enlightened public opinion may quench those fires and shut up for ever those manufactories of evil.

Testimony was introduced to show the good character and standing of Mr. Cheever, that he had for more than three years been cngaged_ in the temperance cause, and that he could not be supposed to be engaged in a wilful libel; and, as the Court had decided that he had the right to prove that John Stone was wilfully and knowingly pursuing a business which was destructive to the souls and bodies of men, Dr. Mussey, Dr. Edwards, John Tappan, Esq., and others were introduced to testify to that purpose.

Mr. Sprague, in an eloquent manner, closed the argument for the defence. He dwelt on the intention of his client; that it was not to injure John Stone or any other individual, but to hold up the business of distillation in its true light. He dissected the business of distilling; held it up in its horrid character, and showed that it was a work of charity and Christian benevolence for Mr. C. to do what he had done, as much as it would be to expose the horrors of Juggernaut. He said if his client had been imprudent, it was the imprudence of genius, zeal and energy. He asked for no immunity for wickedness or malice, only that which the soundest principles of jurisprudence and the clearest principles of justice allow to the frailties of all human endowments.