The British Press; or, Morning Literary Advertiser.
London, England, 1825-12-17 00:00:00

LIBEL.
PENN V. STAPLETON, ESQ. • •
Yesterday a Jury was summoned to assess damages in this case.
which was an action fee libel, the defendant having allowed judg.
ment to go by default.
Mr. Bacinoe•at stated the csse for the plaintiff. The defend-
ant was married to the yoanger slater of the plaintiff, Mira Penn,
and was the win. ha Isslieverl, of a eleneral Officer of grant respect_
ability. Alias Penn (for it was necessary to go back ale ti years to
exptain the particulars of the case) in the year 1813 had formed an
intimacy of the most pore and honourable nature with a Mr. Bras.
nell, a respectable man, whose circumstances were at that time af-
fluent. In consequence, however, of the change which had taken
place in his Mikes, the intimacy was broken or. and no inter-
course existed between them up to the year 1817. In that
year Miss Penn had betaken herself to the honourable and
useful occupation of keeping a Preparatory School at Mar-
gate. She had, anon after she had entered upon this em.
ployrrent, the misfortune to burst a blood.vessel. tier health suf-
fered considerably, end it was thought that the visits of Mr.
Brasnell would be of some comfort to her, and he accordingly went
down to hlargare, where, some improvement having taken place,
most probably in the circumstances of one or both, so as to render
It no longer imprudent to renew the former intimacy, they walked
out together, and were on terms of the same Intimacy as formerly.
It happened that Mr. and Mrs. Stapleton had anon. whom they
wished to have educated under the superintending care of the
plaintiff. as they expected the attention of Alias Penn would
be increased by the affinity. They also sent their daughter
for instruction to their aunt. On the 13th of Juue, how-
ever, an occurrence of a remarkable kind took place. Mr.
Stapleton having celled at the house of Miss Penn, and
not finding his children at the school, walked nut, and met
Mile Penn accompanied by Mr. Brasnell. He questioned Miss
Penn about his ehildren, and was told that they were play.
leg in a field close to the house. He returned to the house,
and acted in Such a manner as to excite not only surprise but
terror, with a harshness that could not be jJutified in any
person. He ordered that his children should leave their aunt,
and I.c actnaliy took them away with him before his return.—
This was not theugh to do without reason. He sent a constable
for their clothes, as if Miss Penn had been guilty of a theft. She
naturally felt a great deabat this treatment, end of course expected
an explanation. Air. Stapleton afterwards called at the buisoe of
Dirs. Knott, another married sister of the plaibtift, and there seeing
Miss Penn at the window. used the expressions which formed the
ground of the present action, and whio she considered a moat
grievous muck upon her character. He charged her with having
stolen his children's clothe., and used these words :—" You,
Sarah Penn, you are a liar and a thief; 'or stole my chil-
dren's clothes. lie accused her publicly of being a prostitute
to Mr. Brunel'. Into Mr. Stapleton's motive, ha (Mr Brougham)
would not inquire. It was admitted that tie words had
been used, by the fact of the defendant having outlived judg-
ment to gu by defeat. Mr. Brougham concluded by •tiescribing
the consequence or such slander to a lady who was.ar the head of an
establishment for die education of children, and calling upon the
Jury to show, by their verdict, their sense of the lady's conduct,
and of that of the defendant.

Mr. Thomas Brisionell was then tailed, and examined—lle eon.
firmed in every respect the statements of tl:e Learned Canned.
Three other witnesses gave similar testimony.
Mr. ADOLPHUS addressed the Jury for the defendant, Never
had a c:.ae come before a Jury of a more truing deacription. He
would take It for granted that Ms client's fatter had viewed the con.
notion with the family to which Penn be/ringed, with displeasure,
lams be would tog of his client, that no husband could he fluid who
was more studied sad more attentive; Mat lie stood dear from all
imputation as a husband, at leant, whatever he might be as
hrwher. hi,. Adolphus then requested the jury would look well at
the intimacy which subsisted between Mise Pen and Mr. Brasnott.
IA was true that Ilia client had usen improper language, tut every
ens knew that the phraseology of anger in a female moth wits
more annoying than any other to which the liu trim Sir %.:Stßibje,n.
Mr. Adolphue tjdiculed the idea of attributing impornince to the
' observations which had been made, and deciated tout. in leaving
the School at Ma•gate. Jlime Penn was benefited instead of
being injured, because there she had not a aeotool, and here she
had; sou that, in tact, the damages must, in a cave ot such at
nature. be merely nominal.
The Srown:snit said, the damages wave hid in the ,teciara-
lion at SUN. • the question was, without referesee to the station ot
condition of the delendant, what damage Vs plain;iil had no,.
tamed io her reputation. It Mis been prom: that the sortie men.
tinned in the record had been ',Token, end it should be rteollected
that the tenon of reproach used by the plaintiff; wercoonebreatheil
until she waa ca lied that opprobrious name whi.:lr ere decent woman
could endure. The camparixon between the defendant and the
person who via raying attention to the plaintiL. was not rufficient
to justify the use of such ezpreax;:ma as were to':•.ained in the life'.
The Secondary concluded his obaervar inns W the Jury, by stating
that the case was by no means one of every .1.y'50CC41141.C.,, and
that the libel °unlit to be viatica with. Willa' CMial'll,llHOlL
The Jury in aye ittinutc.. assessed the dung., at 160 i.