The British Press; or, Morning Literary Advertiser.
London, England, 1818-01-23 00:00:00

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the case he heti

anal ion

course of use of infor-
mation, bout:fide. in - of the cause—if
lie did nothing extra riam—if he introduced only
that which was pertinent—an action could not be
maintained against him for word. spoken under
these circumstances.. They were then to look to
this particular case, awl to intoire, whether the
words uttered by Mr. Scarlett bore on the facts of
the case, and whether he had sufficietit rearon for
using them. It appeared that the present Plaintiff
was not Hilly the Attorney iu the 1041131 111113*, but
that he knew of the colicoction of the promissory note,
and, therefore, was possessed of information which
ought to have restrained him from proceeding with
the action. In consequence of that proinissmy note,
lie had got a sum of y greater ill amount
than what was fairly receivable from the De-
fendant. Upon this circumstance, and look-
nig also to the situation which lie held iu re-
lation to the parties in the cause, Mr. Scarlett
had a tight to animadvert on Isis conduct.—
It was impossible for lino to state all the circum-
stances costoected with the promissory note, without
adverting strongly to the present Plaintiff. Ile
did not, therefore, introduce his name and charac-
ter unnecessarily. If lie had done so, it would have
left the Plaintiff strictly a right to maintain his
Sefton, lie c plumed, that Coutisel.hail described
I us 6• a fraudulent and wicked attorney." Per-
haps these words acre ton strong to Le made use of
Isetween man and man— but, it could not be said,
That tittle was no re:two for having recourse to them,
since the nature of the transaction called them forth
—anti, in eutisequence, it appeared. to the Learned
Judge on the trial, that a lionsint should be enter-
ed. When he directed a noii.rtit, the Learned
Judge had sit exposition of the facts investigated at
the original tiiul, and viewing them. lie was of.
opinion that the Plaiiitiff could riot maintain his
aciicii--a sentitnent in which ins Lorilship vertecily.
'concurred.

Mr. Justice BAY LEY was of the same opinion.—
lie thmight that.the doctrine which had been just
laid down by his lordship extended to all that
might be %ilia by Counsel, if it were pertinent to
the matter at issue—and nu mischief could arise
from allowing the rule to he acted un to that ex-
tent. Counsel uuduulitedly had a right to com-
ment on all the facts of a case, as proved in evi-
dence. In this inetaiste, one must be led to sup•
pose, that, ns all thee tarcumstauces of the filmier
trial hail occurred in the puerile.- of the Conner'
who witiirsisrd the actual' for damages, their iii-
faeunition would he accurate on the snivel—and
the Lamed Jiiilvte would be apprised of curry
thin;; that had take!) bytever carte the
real Clow of the case, it was.nyetasary.,tu hike those
facts into considerst. now--beirausis the propriedy
ior improvatere of using the words coniplained of
.must be decided by a reference In the meant-
stances that were dna-loud at Site turner trial, and
nut on new facts. The ettsiattl action was brought
to recover a rcrtaiii proportton of money , a hich, it
Hotlison had reerised in,part 'gym, sit
fur a ship. 'Elie *hole 'of mousy was to he
44, 41 to two persona. Meram.SystSataint Commit,
and a ytnntiammy note Wu gitrest.for that limp/lee,
di.ovii by Malcom, rho, thetefinr, knew that

before a Jury.
Mr. Justice I•lossorn concurred in the opinion
of his Learned Moisten. Evidence bs,L heed
given, no whirl, the woids spoken ti .Jr. Scarlett
were foundell.-.31111, tberrfuir, lie would riot send
the cane back for further isivestigatioti. The ex-
pression was a mere comment or observation on the
facts disclosed in evidence, and was offered to the
Jury in order to bring over their minds to view the
Care in a particular light. Ile agreed perfectly in
the doetriite laid down by the Learned Baron hr
fore whom the netioti was tried that words
were not actionable unless spoken %%all a multi: •
imenticm—and here they were uttered, not with
that malicious feeling, but with reference to facts
adduced its evidence. Ile-apprehended that C -
sr! were placed in the same situation iu whirl) the
parriss employing them would stallid, if ths y car-
ried on their cusses theinselies. 47011ittid Ililll
✓ight to go as far as the parties themselves would
proceed—but, of course, their stiverior knowl.nlge
would teach them to testruiii then observations
more than 11101 W not used to act professionally would
be inclined to do. Now, it was right that they
should look to eases, where it had been sletitlctl, tlvit
parties themselves making use of scandalous iiiattzr
were not liable to be visited by au action for ill-
'images. In Ist Hawkins, c. 8. sec. 8. it was laid dos is,
• that 1111 scandalous matter, contained in a petition
to Pailiassieut, or listioihiced in the tegular course
of judicial proceeding, shall be visited by actions—
because it is left to Path:intent and t.. the Courts
t's outline Iwo the troth of the all. giitiesii." in
Roll's Abridgment, s7—Plorifum 4, it vies held
that an action 011 the case did hint he, under the
following, circumstances :—lu a jn,hciul proceed-
hag A. aas called tau is/ make vii affidavit—and
said not a word of it was true, which he world psove
by 40 nitttesses. It was adjudged by the Court, iii
flits case, on a motion for attest of judgment, that
though these words were alleged to have been
uttered maliciously, yet as they were given iti ass-
swer to u part of • judicial pitweedilig, in which
11. wits implicated, I. as lie said he would pfore
the Watt' of his sfalriffillit by forty, witsWoits, that,
therefore there was wit a sufficient ground of act ism.
lir lst Sounders-. p. 1:12, it was tall down, that the
piesenti:ig a Petition to Parliament was 61140,
although the matter was false and scandalous, be.
cause it was laid before those who could' ex-
Ylnitle
whether its allegations wets, ten* Of
Tire only doubt brie was, wltctlier the
printing the petit' 1111 l told hauling it to the
individual Members of a Commitie.c, was or was
tibt justifiable a—sod it was ultimately held that it
was M. In COnelUiinha the Leareitil sludge ots-
illetVed, that, noless express malice emdd hr vri,%td
against the Defendant—unless it api eared that the
words aced were unit pertinent ielevafil, but
erese introduced for purprisst foseign inss;
of the ease—theta the actiou !nougat by tba Maim-
was taw turiutruwhle.
tittle discharged.

A top, afoot toren yourg a-Art.lmsof
the it Ole of Sitareirbovoger. hove or rivtd at lioltalu,
with the tuttskSiiiiii of, feratouloing fur Ettiove, to
laid I)aithiss

7

sisuitir with resisect to a Comisel, who conduct- he carried on as it ought to be—of Cutins:•l w
ed, in Choirsr the business of those who could liable to he called on to answer for the tun gt
not carry tor their own cause. He received infer- strength of any expression they might use, such
million from those who employed him, and that its- ' "1"4" b'ing relevant Ind l'enjue"t w'tbe mill
rottliglilo4l* wini-isilihiserfttfr
_isitfi-The'nitture.OT • • no beingisiarspiainti, he conceit
the case ha hadtw-atete-geTallefind. if, in the llttilihere weall'o ground for Sending the case ag
course of his mocteding..4te made use of his infurs before a Jury.
'nation, bout:fide, in furtherance of the cause—ii _NIT. Justire 1./outtosrn concurred in the niiir