The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1868-08-08 00:00:00

ACTION FOR SLANDER.

The cause of Hare r. Hare," hos been tried at Guildford,
and was an action of slander brought by Mr. Francis George
Hare against hi. brother Augustus Hare, and (rota the posi-
tion of the parties and the circumstances connected with the
case, the proceedings created a t reat deal of interest.
Baron Martin, after the pleadings had been opened, said
he had looked at the record, and he could not help expres-
sing his opinion that the case was one which would he
settled much more satisfactorily by the intervention of sonic
gentleman who was a friend of both parties.
A short consultation npon this took place between the
learned counsel on both sides, but it appeared that they were
unable to agree upon terms.
Baron Martin said that he should have thought that I.th
parties would have desired to avoid public inquiry. The al-
leged slander appeared to have been contained in a letter
addressed to a lady named Montgomery, who ought not to
Suave exhibited it

Mr. Ilawkine said, in addition to thin, the inquiry would
involve a consith ration of what occurred at the death-led
of the sister of the parties only in May last.
Baron Martin, observing that the counsel on both sides
did not appear able to conic to any satisfactory arrangement,
repeated that he had stated chat his opinion was, and he
should say no more upon the subject, but should leave the
putties to take their On course.
t'
retook
elate,

Serjeant Parry accordingly addressed the jury on behalf of
the plaintiff .the account of which we take from the
Sit in the Daily News'. Ile said that he fully appre-
the course that had been taken by the learned judge
de matter, with a view to some amicable arrangement
entered into, because he felt that the case was 01le of
y painful nature, and it was rendered still more Sr by
relationship that existed between the plaintiff arid the
__inlaid, who were brothers. 0e believed, however, that
if all the matters connected with the ease were gone into,
the jury, ill tile result. W 0111,10,11101.0 the conclusion that
the plaintiff was perfectly lA:unclesa in the rflatter. and that,
having regard to the very serious character if the imputa-
tions that hail been east upon hint by the defendant, he
had no alternative but to adopt the present proceeding., In
order to clear his character with his friends and all who
were acquainted with 111111. The learned serjeant then pro-
ceeded to state that the plaintiff was the eon of Mr. flare, a
barrister, who was the brother of Archdeacon Mare, and who
died in 1541, leaving a large fortune,which was divided amongst
his family. The plaintiff was formerly in the army—be was an
officer in the Guards, and when Ire came of age he came into
poseession of a considerable property. Ile passed a good deal
of his thne in enjoying the gaieties of life ladh here and
on the continent ; but although he, no doubt, had wasted a
go.' deal of his property in those pursuits, he believed
that not the slightest insinuation could be made against his
honour or character in any respect. The further said the
sister of the plaintiff lived a good deal abreact, aid they
eventually became converts to the Roman Catholic religion,
and the plaintiff euheequently did the same, fort although he
mentioned this tactile might etate that no question of a theo-
logical or religiouscharacter was involved in the Inquiry. The
learned serpent went on to state that the sister of the plain-
tiff and the defendant, the lady whom he hail mentioned as
having become a convert to the Itrrrruatr Catholic religion, died
in May last, and this occarrence appealed to have led to the
predication of the letter that was the subject of the present
action. This holy had originally been possessed of con.
enterable fortune, somewhere about £ls,rkrO, but it
occunTed that she had, as many other ladies,
he believed, hail done, engaged in speculations
on the Stock Exchange, In which she had been
unsoccessful; and at the time of her death It turned
out that she was ill possession of much less property than
was anticipated by her family. Within a few hours of
her death this lady inane her will, by which she be-
queathed a portion of her property to the plaintiff, and
another portion to the defendant and other members of
the faintly. After her death, and down tin the Gine ..f
the Inner:lL the plairitiff and the defendant appeared to
be perfectly satisfied witlt what had taken place ; and it was
not until the day after the funeral that sAmething was said
by the defenibutt relative to a sum of £1,001.1 that hail been
borrowed by the plaintiff of another mender of the family,
and which it was represented hod not been eatiefactorily
accounted ti.r ; and the plaintiff at this time stated that he
hail borrowed the money for his sister, and that Ire had paid
it in to her a :count at Coats's rho libel complained °twee
written by the defendant or, the 12th of June follow ing the
death of hie sister, which took place in May. It was
addressed to Mrs. Montgomery, r lady .d high position, and
related to Lord leconlield and the Earl of Mayo,
wWch gave a much more smious significance. The
learned ssrleaut 1,000 read the letter which, for eir-
mous reasons, ;mill d .I.t be given in full. It will be
sufficient to state that .!
represented that there were
rumours about as:, what had occurred at the deatiebed of
his sister, and to the disp,sition of her property, and that
for some time before her death his sister would not see the
plaintiff, and that ehe ehrieked when his name was men-
tioned. It eller represented that the sudden death of his
sister ought to be cleared up, and that the "Superior of
Precious Blood '— this, It was afterwardsexplained, referred
to the Lady Superior of a convent of mum, who hail been
with the deceased previous to her death hail had a message
of a fearful character intrusted taker by the decea4eit to he
delivered to the plaintiff, and that the state of his health
had alone beer, the reason why this message had not been de-
livered to him. . . . . .

being

defendant,

Serjeam Parry then went on to state that he should show
by the evidence of 1111111CTOUS witnesses who were in at- I
tendance, that there was not the slightest foundation for any
of the insinuations contained In the letter, and that, so far
front the sister of the plaintiff desiring not to see him, or
shrieking with terror whenever his name wan mentioned;
they were, on the contrary, on the most friendly terms,
and site wrote hint an affectionate letter, which he should
put in evidence, on the Saturday previous to her death.
He should also call the medical gentleman who was
in attendance upon the deceased to show what was
the nature of her nmlady. and that there was 110
foundation for the insinuation which was undoubtedly
contained ill the letter written by the defendant that
she hail come by her dead" by unfair miens—in fact,
that she hail been poisoned He should likewise call
the Lady Superior of the convent, to whom the terrible
message was represented to have been given by the deceased
lady to he deliveted to the t 'Muth!, and she would Naive
that nothing of the sort ever occurred. Ile should also pro-
duce evidence to show how the property of this lady had
been disposed of, aid that a great portion of it, as he hail
already stated, had been lost in speculations 011 the Stock
Exchange, ant the remainder was fully accounted for, and
that there was no, the slightest pretence for the suggestion
that lt hail been unfairly dealt with, either by the plaintiff or
any other person. The defendant had not ventured to j.lead
a justification, and the only object the plaintiff had in view
was to vindicate his character front the serions imputatiims
that had been cast upon it. and he would be ready tri at once ,
yield to any suggestion either front the court or the July ,
that the case ought to stop, w-hen that object was accom-
plished.
Mrs. Fanny Montgomery was then called Into the witness
box, and sworn. She stated that she was acquainted with
the plaintiff and the defendant, and she was about to narrate
the circumstances under which she received the letter that
was the subject of the present action, when,
Mr. Hawkins rose, ninth said he hail conferred with the
defendant, and he was now in a condition to offer to with-
draw all the imputations upon the character of the plaintiff
that were contained ill the letter, and to state that the
defendant was ready so apot arise for having written it. -
At the same time, he thought it right to state on behalf of i
the defendant, that lie repudiated altogether the interpre-
tation th it was pint upon 1301110 of the passages contained
in the letter by the plaintiff, and particularly that which sug-
gest.' that lie had made a charge of his sister having been
pain-med. The defendant w-as not in England at the ,
time his sister died, and he received a good deal of Informa-
tion upon the subject fret other parties, and he now be-
lieved that the Information he so received was not the truth,
and that there was no foundation for any imputation that
had been cast upon the plaintiff Under these circumstances
he was ready, on the part of the defendant, to consent to an
apology being made for the charges that were contained
11l the letter, and that a verdict should be taken for the
plaintiff.
Serpent Parry said, on behalf of the plaintiff, he was ready
to accept the proposition of his learned friend, that under-
standing being that all Imputations upon the character of
the plaintiff should Inc withdrawn, and that it was :Omitted
that there was no tnith in the charges against hint that were
contained in the letter in question.
A verdict for 20s. damages was then taken for the
plaintiff.