The British Press; or, Morning Literary Advertiser.
London, England, 1824-02-10 00:00:00

SINGULAR C.ISF. OF LIBEL.

SUPREME COURT, CALCUTTA, JULY 21.

3. BRYCE v. G. BALLARD, J. PALINEN, AND J.P. BANDY&

Counsel for the plaintiff; Mr. CLARKE and Mr. PEaosEgrow.
Counsel rot the defendaats, the ADVOCATE-6E34EIIAL and Mr.
RTOR.
Notwithstanding the unfavourable state of the weather, the in-
tense anxiety of the public with regard to this cause was manifested
by the crowded state of the Court, which was filled at an early hour
by gentlemen high in the civil and military service, and the most
respectable inhabitants of Calcutta.
Mr. PEllaraTOX briefly opened the case to the Court, and
stated that the damages were laid at 100.0 id rupees.
Mr. CLARKE said. the plaintiff in this case was a Minister of
the Church of Scotland; and of' the defendants, two were pro-
prietors, and one the editor, of the Cotentin Jumrnal. He need only
refer to Dr. Ihryce's career in India, and he could say that from the
first editor until the time of the present one, he had been continually
the sufferer by the libels published in the Caknlla Journal. The
very fifth number of that paper contained a libel against him, and
every succeeding one had teemed with them. On the sezond day
that the present editor entered on his duties, a libel was published
against him, and day after day, this conduct had been repeated.
The charges brought against his client, the Learned Counsel pro-
ceeded to argue, were absurd, and were fixed entirely to the one
action of his life. And this was, that having enjoyed the confidence
of the government, they had thought fit to give hint a violation, and
because he had accepted it, they had overwhelmed him with these
libels. But the Learned Counsel would put witnesses into the box
to prove that there was !lolling derogatory to the character of a
Clergyman of the Church of Scotland in accepting of such a situa-
tion as this, for it was the practice of its ministers to exelyise secular
employments. The libels appealed to the authorities at home; to
the Court of Directors and to the General Asaembly, and they
called upon them to stri his client of his gown. No one could
say. what the Court of Directors or the Church of Scotland might
do consequence of them. Might they not say, " You have dis-
graced religion by bearing for five years what you have done; why
did you not have recourse to the law for redress?" His client had
now recourse to the law, the Learned Counsel stated, in the
hope that his reproach would Ir.t wiped off by his Lordship's
decision. The defendants, Messrs. Ballard and Palmer, were
very respectable persons • and if their respectability had been
less, they might have been mixed up with the Editor, and
have passed without further notice. But when people of this
description came forward to support with their rank, influ-
ence, and property, publications like the present,—when they
did this--they were completely mixed up with the Editor, and could
not be distinguished from him. They did it with their eyes open ;
they knew of the four former prosecutions ; they knew that Mr.
Buckingham had been sent home for the same offence ; they
knew the present Editor ; they saw the libels published daily ;
they knew the plaint in this action had been filed ; and if, instead
of coming forward to check these proceedings, they gave them a
helping hand, they thus identified themselves wish the Editor, and
were answerable tor his actions. Tne Learned Counsel then pie-
ceetled to consider the libels. . . .

Evidence was called to prove the publication of the libels, which
principally attacked Dr. Bryce, fir at cepting the office of Clerk of
the Stationery Office ; attributed a hwe of pel:to hint as a minister of
the gospel ; and arraigned his conduct as a writer in a newspaper
which he edited, and also reproved him for his political conduct.
The Aov ocaTa.6 EN /AUL, for the d:fetielants, made se-
veral technical objections to the proceedings, and particularly to the
proof of the publication, but said he had many more as to the plaint.
On this occasion he had the honour, he said, to address the Court
fir the defendants, who resisted the claim for 100,000 rupees da-
mages, so modestly demanded by the plaintiff: After the case his
Lordship bad heard, he was convinced that a very small modicum'
of this sem only would be awarded to him. (If the questions which
had arisen out of Dr. Bryce's appointment to the situation of Clerk
of the Stationery Committee, he would not say $ word, because the,
appointment had been made by those who were the best judges of
the propriety of it. And there could not be the shadow of a doubt, I
that a gentleman who had consumed so many of the articles in'
question, pens, ink, papery and sand, must be an excellent judge of
them. If any one were ht fur the office of ti judge of the articles,
surely s man of such talent as the plaintiff was fit for it. There',
could Dot be the smallest doubt but that it was inconsistent with the'
character of a minister of the Church of Scotland to accept of such'
a situation : and every one had said so, with the exception of the
two last witnesses, whose evidence he would leave out of the ques-
tion, *ho had talked of their shoemaking and tailoring parione.
Dr. Halliday had said that he, oot being a minister of the Church
of Scotland, would accept of the situation; but he said, at the same
time, that ft was an office, which Dot only the wild class in the
Church of Scotland, but the great body of the people, would eon-
demo • minister for accepting. The Learned Counsel only asked
that the mouth of the public should not be shut ; and hecontended
that it was the right of the public, and of the congregation of 1):.
Bunk as a of the public, if they disapproved of his conduct,'
to be to express it. His Lordship had heard of his editing
a newspaper—of his filling this situation ; be had also hard his
eulogfum : he had beard him anklet' Ms Priest of the Creator ;
the High Priest of the Most High: but notwithstanding this
eulogium and these designations, he coold only come to one aim
elusion from the evidence before him ; and that was, that he was
actuated in accepting this office by a love of money.
The Learned Counsel, after having taken • review of the libels,
referred to the letters "A Friend to Bankes." He contended that'
there was quite sullieient evidence to lead people to believe that Dr.
Bryce was the author of them. Any one who read over these
letters would say in an instant that such a man as wrote them did
blow up the coals of discord, and tear asunder the bonds of society ;
that mom atrocious libels were never uttered than those against his
then client, who was not may abused in his family, in his pursuits,
and in his profession, but who was pointed out ass wild beast; and
its reformer; to whom, not only was society called upon to hunt him
down, but every one was anathematised who dared to stretch out the
hand of fellowship to him. Whether or no, concluded the Learned
Counsel, the gist and substance of the remarks on Dr. Bryce was,
that by his activity in promoting addresses, his eagerness in accept-
ing of dila appointment, and his warmth in newspaper discussions,
be bad not gone out of the line of his duty, and thus deprived him-
self of the protection of his religious professions. That he had
gone out of the situation in which he was placed by those who sent
him ben, could not be doubted. lie had been placed here to
preach the gospel, and to preserve the public morals ; and if he had
left the paths which the Learned Counsel said he was happy to re-
mark were so honourably filled by the English clergy, and no
comment was to be made upon his conduct, either in public or in
private, then the rights of society were at an end, and it may be
justly feared that the clergy, instead of being an example to the
nublic, may become the reverse, and the morals of the public be
impaired, instead of being improved by their example. The
Leaned counsel's speech, of which this is the conclusion, was
more animated than any we remember to have heard in the Court,
The ADVOCATE-6 ' declined to call any witnesses, al-
though many were in attendance, and the Court adjourned about •
quarter before eight o'clock.

TUESDAY, JULY 22.
Sir A. BOLLER proceeded to givejudgroent.--His Lordship
thought that the libels had in substance been proved, tut he was
not disposed to say that some of the variances were not sufficient to
afford grounds for a new trial, although he thought many of them
groundless. The defendants, however, should have the full bene-
ht of their objections on a motion for a new trial, but at present he
could not go beyond this, and must give a verdict for the plaintiff.
As to damages, his Lordship said, that it would be an object to
prove to the world, that the plaintiff was not actuated in coming
into Court by the motives imputed to him, and it was with refirenee
to this consideration that he should award them. He supposed that
the plaintiff had come tom:nil to vindicate his character alone, and
to another Clergyman he should have given larger damages than
he felt disposed to do on this °coition. For he was bound to re-
member that Dr. Bryce had once been editor of a newspaper, and
that he ass supposed to be the author of the letter of " A Friend
to Hanka." Ilia Lordship therefore thought there was some ex.
cuse fur Mr. Buckingham, and some fur the present editor. It was
very unpleasant to determine the amount of damages at any time;
hut in this we, and under the circumstances he had referred to,
he should give a verdict for the plaintiff on all the five counts, at
the rate of 400 rupees each count, amounting to 21300 rupees and
costs, (about 2001. sterling.)