
    Respublica versus Askew.
    THE defendant was indicted for a libel; and at the last Nisi Prius, retracted his plea and submitted, protesting 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.  