Opinion
SEPTEMBER TERM, 1792.
THE defendant was indicted for a libel; and at the last Nisi Prius, retracted his plea and submitted, protecting his innocence, c. He now appeared to receive judgment, and his own affidavit was offered to be read in mitigation of the fine.
But, BY THE COURT: — It has been usual to hear the defendant without oath; but we have never known his affidavit received, although it goes only in mitigation of the fine.
Affidavit refused.