In December 1703, "The Observator" was arraigned for scandalous libel on Parliament. In May 1704, Tutchin fled to France briefly to escape being seized. He contacted Robert Harley and sought his aid. Harley was a Tory, but he was also in contact with various Whig politicians and attempting to strike a middle line. (He was, for example, a friend to John Arbuthnot, who was an avowed enemy of Tutchin.) Tutchin was found guilty, but the conviction was overthrown on a technicality, as the evidence had been improperly presented. A number of Tory statesmen, MPs, and writers thought that the mistake in the proceedings had been intentional.