The Express.
London, England, 1868-07-11 00:00:00

THE LAW OF LIBEL.

At Bow-street, yesterday, Mr. Albert Henry
Elworthy, of Crown-court, Threadneedle-street, solicitor,
and Messrs. Charles and Edward Wyman, of Groat
Queen-street, Lincoln's-inn-fields, printers, appeared to
adjourned summonses, issued at the instance of Mr.
Thomas Cannon, of 139, Cheapside, journalist and news-
paper proprietor, charging them with having published a
malicious and defamatory libel against the complainant.
The prosecution was conducted by Mr. Stevens Tripp,
of Tavisteck-street; and Mr. Frederic Stanley, of Austin-
friars, appeared for the defendants Wyman, who are the
well-known firm of Wyman and Sons, late Cox and
Wyman.

The proceedings, which had occupied the court on two
previous occasions, were of a somewhat important charac-
ter, involving a novel question as to the respousibility of
printers.
Mr. Tripp, in opening the case, said there was a distinc-
tion between the charge against Mr. Elworthy and that
a gainst the Messrs. Wyman. As regards the lattir, who were
a most respectable, and, indeed, eminent firm of printery,
the charge was simply that of publishing a malicious and
defamatory libel. It was not alleged that they knew it
to be false. With regard to Mr. Elworthz;xlmix. however
knowledge of the falsehood was distinctly charged, and
though he believed that was not set forth in the sum-
mons (which had not been drawn by him), the summons
might be amended so as to include it, and that was the
charge on which he should ultimately apply for a com-
mittal.
The discussion of the matter, as carried on at the pre-
vious hearing, resulted in Mr. Vaughan's holding that
there was proof of publication, that the printers were
responsible, that there was malice in law, and that it was
not necessary to show malice in fact. He also held that
certain passages in the pamphlet were clearly libellous, but
took time to read it fully and compare those passages with
the context.
Yesterday, the parties being assembled to hear the
learned magistrate's decision,
Mr. Vaughan shed whether there was no possibility of
any arrangement being come to in this case. It appeared
to him to be entirely a private matter.
Mr. Cannon had no desire to make any settlement. He
did not wish, as was imputed on the last occasion, to make
money out of the mutter. He had been cruelly perse-
cuted for several years, and had suffered much in other
ways, beside the los of money. He did not care to be
compensated for his pecuniary losses, as he was quite able
to earn money enough for all his requirements, but he
wished to vindicate his character, and to free himself from
further annoyance.
Mr. Vaughan maid he certainly held that Mr. Cannon
was entitled to that. He must have an ample apology,
with a most complete retractation of the charges and vindi-
cation of hie character.
Hr. Cannon said the tone of the cross-examination to
which he bad been subjected implied a repetition of the
chargoges, and he should be doubtful of the sincerity of any
Stanley aPol•
Mr. said that the Messrs. Wyman would make
any apology the magistrate thought consistent with their
honour and that of Mr. Cannon.
Mr. Elworthy declined to make any apology, and made
some observations tending to maintain the truth of the
statements in the pamphlet.
Mr. Vaughan could quite understand that Mr. Elworthy
felt aggrieved at the remit of his trial. If he thought he
had been unjustly convicted he had a right to say io, and
to endeavour to set himself right with the public. But
he could have done that without making attacks upon Mr.
Cannon which were obviously calumnious. If Mr.
Cannon had been guilty of the acts imputed to him he
would be liable to be prosecuted criminally•• He had fully
expected that Mr. Elworthy would make a full and ample
apology and retractation, and would give a complete Ls-
silence that for the future silence should be observed.
As that had not been done, and as the apology offered by
Wynian had not been accepted, he had no course
ti.t to bind the case for trial.

Mr. Fienley preammed it would be sufficient to WO the
}:tn.. V 3-man over in their own reoognizancee.