The British Press; or, Morning Literary Advertiser.
London, England, 1822-07-17 00:00:00

JURY CCUHT, EDImBURGH, JULY 10.

ACTION OF DAMAGES FOR LIBEL.
LORD ♦. HAMILTON IP. D. STRTIVIIION.

This canoe came before the Court this day, upon • no-
ticeof • motion Ibr esperests, Jsry harlot; lately fo•ad
fur the Pursuer is all the foists.
The Notice being read—
Me. Rusin Ckmumostn-11 WWI unnecessary fur him to
state the merits of the action. The Jury havisg found •
verdict for the Pursuer, in ail the i sssss so some reparation
for the attack on his character, h. now moved fur expellees.

Mr. lIPIOTAIet. for the Drfeed's, opposed the motion.
He contended that it ass disetetiooary 'in the Court to glee
esp‘oses or not u they saw it. The sent,' did not con-
clude shirty far reparation of i‘jory•to 'the Perteet's•cha-
racier, it concluded alto for a large sum of damages, so
less than 6,0001, and the Jury had only found the Pur-
suer had sustained damage to ibe amount of one shilling.
Had the Pursuer claimed reparation only for the actual
damage he had thus 'been 'found by the verdict of tie
Jury to have enst•ined, his client would hive bees es-
titled to get out of the action for payment of the sun
friend doe by the verdict. If the adios bad been brought
solely for reparation of injury to character, it was sot cunt-
'retest in thiSCourt, but is the Commissag Court wily. His
client, Mr. Stumm*, had been Valise to mite Mint reite-
ration be could to the Punter, and bed Offered • reference
to respectable Counsel to dictate what apology be should
make, but the offer had bees rejected by the Pursuer, who
had sought his remedy is a court of Ism and a respectable
jury bad given him only one shilling of damages. The se.
lion had been laid for real damages, arid the Joey had forted
• verdict of nossinef damages. This wss-not a cue In which
**penes should be given.
Mr. Jarraaw replied that, in supporting the motion for
expires, he would begirt by conceding the proposition
of the Defender's Cososel„ that expenses did not follow
as a matter of itout,e, where only one shilling of da-
mages was given by the verdict of • Jury. is all cases
there was a discretionary power vested in the• Judges of
this Court; and eves where oily one shilling of damsels
Was given, the Court might justly award to the party hill
expenses. Here the party were at issue ors the true cri-
terion of the ease. Now, was this an action which the
Pursuer was retitled to bring, or was it the reverse
Was it brought on frivolous and captious pretences ; and
did it conclude for imaginary damages, and sot for re-
psration of • rest sod substantial injury? The Court
would recollect the Jury had found fur the Pursuer oat
all the issues. The Pursuer did not complain of
paeate language merely, as an unfair commentary on his
p • ,tic conduct, but he eiimplaiacd of a wilful taisreprtste-
ititiue and false ealsetent of facts; not of so excess is
language, is discounting a public question, but of • series
of impunities, against the character and conduct of the
Pursuer, which were totally false, but which the Weeder
had offered to prove ie his defence to be true, and which
he had entirely failed in doing; sot wily so, but they
had actually bees compktely disproved by the Pursuer.
Qa what ground, therefore, could the Defender resist the
present motion for costs ? Substantially on this, that the
Joey bail given • smaller soot of damages than his client
bad claimed. But the Court were sot tied up by that
weirlict, la the energise of their diuretic's as to exposes.
He timid stet say his chest was satisfied witls'the verdict in
respect to the ansonet of the damages awarded, winds he
believed had bees gives merely because tbe'Jury had con-
sidered that pecuniary compensation was not his object.
Surely the susalloese of the sum awarded as damages was
so reason why be should be refused the expellees be had
bees put to in seeking redress in a Court of law for a
gross injury, which had been proved to the satisfaction of
• Jury. If they were small, that was only a stronger reason
why full expenses should be given The Court would not do
him justice if they did mot award full expenses, when there
wet here • verdict of a Jury, ersetaining a complete demon-
ist/lidos of the falsehood of the charges brought against him.
The Lotus Cutts Cossistsatonea said, it was admitted
by the bar, and it undoubtedly mu the unquestionable right
of the Court to award expenses or sot i• every case, accord-
ing to their discretion. As to the verdict of the Jury, be
thought it a matter of regret that so much stress bad been
laid on the character of the Primmer, as to have induced them
to gin nominal damages, on the ground that they mild not
measure the tidier, dew to it by money. It would be better
;fit con Id be laid on the party that I. elaisaiag redress, merely
to prove the charges made against him to be filer, and that
the damages should be lard in some other way. The °pi-
eties of the Court was. that the ordinary expeurs must be
made to the f'orimer, as the action had bees fitly laid. As
to the amount of the damages concluded for in the libel,
5.0001., he thought the gentlemen of the bar should not
allow a random sum of damages to be laid i• such senor's,
without considering fairly what would be a proper rennet-
ratios to the party; formerly in his practice it used to be
dune with a dash. The party should put down the damages
at such a reasonable sem as might give the Jury a notion of
what was expected; for otherwise the/tory might so moderate
the damages, as the psblie would nut be satisfied that it had
been considered their verdict was intended merely for windiest-
ing the character of the party. The Court, however, could
not be regulated by that is jsdgiug of the question of ex-
penses. The Court, in the present cue, considered tlist the
libels had been proved sot to be true, and, therefore, they
were of opinion that costs should be gives.
Lord PITNILLY said, in this case the Court considered
that the Jury found fur the Pursuer on all the issues, and
vet the verdict wily gives wee shilling of dsmsges. The
Weirder may therefore well afoul to pay expenses, and he
Vested that this verdict, the opinion expressed by the Court,
and the judgment they were cow going to pronounce, award-
kw expenses to the Peruser, would hare a tendency to check
sock libetfors attacks in future, which, slimiest whomsoever
they acre aside, must ever be offensive to sober minded men.
Lord Gicissa entirely concurred with their Lordships.

The COWILT accordingly decided full tlrtllote to the Pur-
suer, sod appointed s a account band( to be iv ea iota
Cowart to be taxed.

Better sail sold is Darlines° market yester.
..'e'en gig at 44 per lb. Of thee ponds fm a
!

GAME.

Tl,e present nelson is full of promise fur the sports's/eV.
The young grouse nre already flying over the mountains,
mot can be distingui,hed from tbe old birds only by chewier
tails. The coveys are large and numerous beyond any recent
precedent. The partridges •ill be equally pleuty.—(Glae-
pow Paper.)