The British Press; or, Morning Literary Advertiser.
London, England, 1825-01-24 00:00:00

absence, the defendant conducted the business of the house. It
frequently happened that witness's house allowed their travellers
to retain aril balances in their bands, because they always took
surety bonds from them.
The 14011 D Color JOST Ter here interposed and said, " Then
let me tell you that you did not discharge your duty to the surety.
It is your duty to take.as much care of the interests of your
surety as of your own. pray, Sir, alter that practice in future.
Wanes said he didnot knew if it was the practice of the trade
to take bonds for their travellers, but it had been his custom for
twenty years peek The balances in favour of the house were
Sever concealed from witness by Taylor, and the accounts were
regularly entered quarterly in succession. Taylor took his cash-
book away with him.
A letter from Taylor to the defendant's house was put in, dated
friitn Plymouth, February 23, 1821, in which he gave a list of
aunts, for which he debited himself; amongst which were the
• stun of Mi. to. Bd., which had been paid to him by pr. Bannister.
This was the defendant's case.
Mr. tle AAA ZA T replied, and contended that it was quite mani-
fest, from the whole transaction, that the defendant knew that
Taylor had embezzled money belonging to his house at the time he
gave the representation in question as to Taylor's character, and
consequently he was answerable in this action. The defendant's
general character, as a man of honour. was not in question in this
cue ; but where a party actually knows that a aervant is dishonest,
and he gives that man a good character, whatever his motive might
hc, he would still be liable for the consequence, if it turned out
Glut the character so given was untrue. This was the issue on the
present occasion, and it was impossible for the Jury to hesitate
about their verdict. The plaintiff having been deceived by the de.
frodant's representations, he was clearly entitled to maintain this
uction for lie fall amount to which he had been damnified, in COO*
a,. ante of the Unmerited trust reposed in Taylor. •
21te Lo all CHIEF JUSTICE summed up the case for the Jury,
and told them that the question for their consideration was, who-
res at tht time defendant represented to the plaintiff that Taylor
as • man of honest character, and might be safely trusted, he
Conscious of the falsehood and deceitfulness of that representa-
tion. If he was, the defendant was liable to this action, whatever
Might be his motive • but if not, then he would be entitled to a
ether. Ills. Lordship kneW of tio distinction between false-
fisi.sl and deceit, because a false representation is of necessity
calculated to deceive. The motive fur the fake representation need
not neernatily he of a personal nature to make the defendant liable;
fin if, from kind motives, he gives • false character to an un-
worthy man, still it would, in the eye of the law, be false and
deceitful.
The Jury fo'tnd their verdict for the plaintiff—Damages Eight
Hundred and One Pounds.
SHERIFF'S FFI', Jaw. 22.

LIBEL.
/MENNEN V. lINIGHT AND ANOTIMIL
This was an inquiry to 'tiaras the damages sustained by the
piwintiffby the publication of a libel by the defendants.
Mr. Serjesnt V•L'OLIAN and Mr. Cones( were Counsel for the
Plaintiff. and Mr. C. PHILLIPS for the defendant.
Mr. Cowie opened the pleadings. The plaintiff; he said, was
of man-midwife; the defendants, Knight and Lacey, were book-
Netterss the netion was brought to recovers compensation in da-
magesfer a libel on the plaintiff', published by the defendants in a
periodical work called The Medical Adviser.
Mr. Serjeint VAVOIIAN stated the case. The plaintiff found ,
himself under the painful necessity of applying to the Jury to vindi. 1
COP his character (corn a stain cast on it by the defendant', which
they would have 6rreat pleasure in removing. The libel was pub.
•
Bthed in a petiodteal work called The Medical Adviser, which WAS
stated to be edited by a Doctor Burnett. The plain tiff was a gen-
demon, about fifty yen", of age, and of established character for
many years in the medical profession. He came to London at the
um of sixteen, and for some years after lived as an assistant with
is very respectable apothecary and medical practitioner of the name
of Evans, who then resided on Holborn-bridge; after ellich he
commenced business foe himself on Saffron-hill, from which he
had many yearn Mum removed to liatton-garden. The defend.
.' arms were bonksellers aid publishers, in Paternoster-row, and had
published the libel on the plaintiff; far which the action was
brought. It was always desirable in cases of libel to attack the
anther, and make him respons:ble, but the Jury knew those
batiles were generally fought in armour and disgnise, and it was
difficult to come at the nothor, The plaintiff' seeing :he name of
Me. Titterton in the libel, whO must be 'lmpostd to know
*melting about it. applied to him for information on the
subject, bat none WILY afforded. Should Mr. Titterton be'
called by the defendants, he might, perhaps,. give some info,. 1
motion that would alleviate their moral guilt. One remark
he would make on written libel, as contrasted with verbal
slander. To appeal to a Court of Justice for reparation 1
in a case of verbal slander, nine times out of ten, showed reore the
. erre-lees than the soundness of character. Such slander was ge-
nerally the effect of passion; and, as breath was fleeting. the injury
was seldom lasting ; but not so with a written libel. appearing in a
medical journal. No matt had more respect for the medical pro.
Passion than himself ; he was descended from it, and nearly eon-
netted with it ; and if he raw the medical journal in which the libel
was contained, which is called en Adviser, and comes out weekly to
Infortn the public, and has a view of the College of Surgeons as a
feondaplece. as it was published under their authority, he would
naturally regard such a publication with respect, knowing that it
muss be highly nseful &well conducted. He would agree with
his Learned Friend (Mr. Phillips) in all he could say in
praise of the hiserty of the press ; he only wished to prevent
its abuse. The Jury won:d judge, by the conduct' of the defen-
dants. whether the libel had promeded from an error of judgment,
et a tiefeet of heart—whether it was like a bawl expression made
by a person tripping into error, and willing to retract. Written
• slander affects not only the individual, bur his family and friends,
_ - and Many years after im 'original publication may injure even the
. • children of the party r.gainst whom it is directed, as the enrc-
• nomad sting remains. Its being written shows it is done with de-'
liberation, and the writer slisitild be • prepared, when exiled on, to'
Drove that his facts are correct. However severe the censure, if
the recut were correct, the party might say, I am sorry to hart
any man's feelings, but thought it my duty to the public to state
Dens in which they were concerned ; hut if the facts were false, the
publication was malicious, and the publisher must answer for it.
The plaintiff did not come before the Jury in a spirit of hostility,
but of defence. No mar deserved to have a character whoheld it
so loose as not to defend himself from the repeated attacks made
on the character of the plaintiff in the publication of the defen-
dents. He might pass over it once : but when ft was repeated a
slimed, and even a third time, it showed it was a systematic attack,
• from which he was bound to vindicate his character, by -
'Mg as the plaintiff had done, by bringing an action, in wWf;IM
defendants were at liberty to justify the libel, if it could be justi.
tied. They could net now say, as they might if proceeded against
Ivy indictment, " You know you are safe; we are not allowed to
prove the fats we hare stated, but bring your action, and we'll
prove their truth." By the proceeding adopted by the plaintiff,
. the were allowed the opportunity of proving their statements,
if they were true. In The Medical Adviser of the 24th of April,
in a notice to a correspondent, after mentioning another surgeon,
Cher say, " and Skinner, the surgeon of Hatton-garden, was a
lolfypop-seller in a little shop in Saffron-hill. They both (save the
Mark!) are respectable and persevering grryinsionnfo' Lolly.
pops, it was known, were sold by vagrants, as an entente for their
remaining in a state of idleness and profligacy ; and was the plaintiff
td be degraded by the false representation of having ever been a
dealer In the same article ? He challenged them to prove that there
wma any troth in the asserting—it was wholly false. Of that false-
hood his client took no notice-'hey became bolder, and attacked
him for want of skill and humanity in the exercise of his profession.
If a nian of genius had been a lollypop-seller, and had advanced
himself in life, it would be most illiberal to use it as a reproach.
`'",lany of the brightest ornaments of all the professions had began
life in humble situations, and had afterwards, by their talents and
• industry, raised thernselves to the pinnacle of fame. The Medical
.fdlitter, or the sth of June, contained the libel for which the action
WM h-might, which be would read :
" The Lollypop Surgeon, Skinner, of Hatton-garden, who, when
he lived on Saffron.hill, made as good lollypop% as ever were eaten,
lately was sent for to a young woman who was in labour. He,
air- he true tradesman-like way, first asked was the money forth-
coming; and boding it uotquite so g nick as be wished, turned on
hht five! and left the patiefft."
Left the palest! said Mr. Sergeant Vaughan—what man, with
a heart in fits bosom, could see a woman in her agony, and ttipulate
fotmoney before he would give his assistance, and turn on his heel
sad leave her to her fate when he found it was not forthcoming?
Would such a btote be tit to live amongst men ? If it were true,
it was fit the world should know the monster, that he might be
Guided ; if false', and it was now admitted to be false, could a
gesseer calumny on the human heart be published I But what foi-
:sired shed a little day-light on what he hid read. The Jury should I
bear it:—
" Mr. Titterton, 'elegem, of Wilmington-square, Spafields, was
Oren sent for, and with the most prompt humanity saved the poor
woman's life- The latter gentleman found her in a deplorable
situation, owing to delay."
This spoke volumes:—inhumanity—brutality—every thing die.
grateful to man was imputed to the plaintiff, for the purpose of
nuemg Mr. Titterton. He hoped, foe Mr. Titterton'a honour, he
would he eaamioed as a witness: he, no doubt, Could prove the fact,
that the woman was in a deplorable situation from delay. There
witt no suck man living as Eli. Burnett, whose name was given in
Tft'Afeitteal Advise of tht editor: pains had been taken to Cad
Lini'out. The use of this name was mere quackery and imposture.
I firrit a mere trading concern, cariad on under false colours; no
rnsinfir physician would lend his name to such a publication. He
csami on Mt. Titre-non to state what information he gave the de-
fedflants on the subject. When the public saw names and circtim-
Itiklaa an particularly stated, they would naturally believe the ac-
couter; which was a moat atrocious libel. The action was net
bledight ftw any special damage sustained by the plaintiff, bet the
frln
J mpre to estimate the mniehief that was likely to ensue to him
' the publication of the libel, and that was incalculable.
this second attack was made on the plaintiff's character he
applied to Mr. Thtertcri for some information on the subject, but
I.eididined affording any. The printer was applied to, end lie
stead that he was merely employed by the defeudants to pint the
wort; and teat wholly unacquainted with its contents. Ills de-
fendants were then applied to : Mew acknowledged that they were
the publishers, but would give no hiformation respecting Dr. Bur.
sea, Whose name appears as editor. They were bid they would
km held yesponeible, and the action was commenced on the Ski of
Jam; and, to show the mind of the defendants, he would read a
publication Orhich appeared in The Matinee rtifelser of the 2111th of
lore, three de/settle the'actius-wag committed. It was headed,
s, *onset. of Qdaekery," and pluseetled—
" The table elitist's. Irstight• an, timer; one paddlaben, ab: