Not until 1717 did he appear in print, with a grand jury charge denouncing Jacobites.
(Justice Washington had delivered an unrelated jury charge below.)
Justice Washington, the author of the Court's opinion, had also delivered the jury charge below.
Fellow judges peppered him with telephone calls, borrowed his jury charges, and heaped responsibilities upon him.
Judge Sofaer's more important contribution to this and future libel cases, however, may be his jury charge.
I have not in any way tried to engineer a jury charge.
That could expose him to a jury charge that he consciously avoided evidence of fraudulent conduct for personal benefit.
The jury charge includes an "ostrich" instruction that says the jurors can find the defendants guilty for deliberately avoiding learning about wrongdoing at the company.
The lead defense counsel objected to the wording of the jury charge several times, but Haywood believed it to have been fair.
Nevertheless, the court did not provide curative instructions during Hassine's testimony or in the jury charge.