The British Press; or, Morning Literary Advertiser.
London, England, 1820-02-23 00:00:00

PRIVATE HEARING.

The LORD CIiaRCILLOR was occupied until
to ()o'clock iu hearing Counsel in a 'amine peti-
tion in his private room, at which hour his Lord-
ship left the Ina.
Counsel, Solicitors, and Suitors were waiting in
elm) Court from its) o'clock, is expectation that Ins
Lordship would come into Court. He however
did tont, nor had he intimated that it was not his its-
teution.

VICE-CRANCELLOR4 COURT,
T %TODAY, Ftsuumit 42.

File Honour the Vtce-CatxxcaLLort Was occu-
pied in hearing causes of no tittered except to the
parties concerned.

COURT OF RING'S RENCH, Wermointß,
TUESDAY, PERDU/IRV 22.

Sittinp after Term before the CIIIEF JUSTICE and
a Special Jary.

DON A 1.4)50N r. STOODART.

This MRS 1111 art !on to recover damages for a libel
puhlisiied iii a Daily Newspaper, the property of
the D. fendant, porporting to be an account of an
exantinstion at Bow-street, in which the Plaiotiff
was repre,ented as having been committed for rm.
brzzling his master's money, and having been dis-
charged at the end of 14 months service, brought
before the Magistrates of Bow-street, and commit-
ted for felony.
There was a defence and partial justification on
the record : first, that the Plaintiff did not write
that part of the paper; and, secondly, that it was
true that the Plaintiff had been examined on a
charge of embezzling his master's property, and
had been dismissed from his service. at the end
of the period started in the alleged libel.
Mr. St:Ant:err, for the Plaintiff, began by oh-
servng how necessary character was to the very
bring of persons eircumstenceei like his client,
whose employment and means of life depended upon
that more than any thing. Very different was their
ease from that of the editors of newspapers, whose
emoluments could mike them comfortable, with-
out any particular regard being- paid to their cha-
racters,, or any nieety about the means of acquiring
them. He need scarcely remind them how true
was the haekuied expression of the immortal poet,
when applied to his client—

"He wbo steals from ma my good usaie," &e. •
He could not help feeling that editors took a
little too much power upon themselves in the
arrangements. of their establishments. in order
to make their papers as attractive as possible,
they had taken to a method of publishing every
Thing at. the earliest possible moment rifler it
occurred. Happen what would, whether in a Court
of Law, or any other Court, or in whatever place,
people were sure to have an account of it next mim-
ing. The papers displayed an extraordinary init-
iation this way, in order to make a sixpence or two
more of profit by it. It must, in many cases, prove
highly injurious. Suppose the case of a man charg-
ed and even tried for a capital offence. He might
be honourably acquitted. But their a great lastly
people would read his charge and contain-
ment in the newspapers, who would never read
afterwards of his acquittal. Nay a man might
be taken before a Magistrate, on a charge for a par.
titular °fleece, and the charge might he dismissed;
still a great part of the examination would go be.
fore the public, and the accused would never be
wholly free from the stigma of such a charge. I f
a itersom should be convicted of an accusation, it
was certainly no Matter bow public the thing be-
came ; but it was certainly injurious that
cent persons should be expiwed to publicity,
merely to satisfy the views of dealers in news-
papers. It was very hard that one Man's bread
Abitibi be obtained by another 11% injury.
These said editors seemed to sit quite tranquil,
however, appeared not to be at all atlected by
the good or evil they were thus dispensing. Ile
certainly thought this an evil which ought to be
reasedird. Surely there must be matter and events
sufficient to satisfy the appetite of public curiosity,
without having recourse to such methods. His
client (Mr. Donaldson) had been in the employ of
one Woodfield, a distiller or brewer, of Drury-lane.
He had Muccee6rd Ali. M'oodbeild's collecting

clerk, who had faille's ill, and whose place he was
promised in case the invalid should not recover.
la had taken various sums of money, which he
had regularly handed over to his employer, till at
length tindiug that he was not to receive the.salary
which be had first understood would be paid biro,
at least in absence of the collecting clerk, be had
held it back from the sums which he gathered from
Mr. Woodheed's customer.. lie had subsequently
found that he bad no legal right to detain the
'Hooey of his employer, however justly he might
think himself entitled to any part of it, and
had remitted all that, he had retained. In the
meals time his master, in a fit of intoxication, to
• which he was frequently subject, had taken him to
Bow-street, and charged him with Woo), for em-
bezzling his money. The charge was heard, and
of course dismissed—the Magistrate declaring to
his cheat, that if any evidelice should be wanting
to prove his honesty on any future OCCIWOII. he
(ilie Magistrate) would offer his testimony. This
Had been twisted into an exemination, and cow-
suction, and commitment of Mr. Donaldson on
a charge of felony. Adverting to the justifies.
tiou entered, the Learned Counsel said, that if
his Learned Friends for the defence could eats.
bli•li that justification, of course there could be
nu verdict for hie cheat. But if, as lie suspected
they would, they should entirely fail in proving it,
he hoped fur such- damages as ',cult' make them
feel it, sod Le proMised them is his reply that he
would ostl'iptite their cli'ents.
The jiblicatiau was proved by persons in at-
.tendance fromelhe Stamp Office, and thus *mg the
whole of thutise for the prosecution.
The. ClllO JJISTICS recommended the parties to
make it up without going to a Jury.
The Prosecutor's Attorney said be had no instruc-
tions to that effect.
Mr. FLUME rose for the defence. Before he
offered the observations which his duty would

prompt him to make on the ease, anti in which he
pledge-II himself to make good every thing stated
hi the justilicatiou, he wished In reply to a few of
the reatiorks made by his Learned Friend its to the
business of newspaper*. to a cause much like the
one before the Jury, his Learned Friend had ex-
pressed his approb If of the coition of giving
prompt intelligence of what was transpiring in so
many places. He had commented ou the great
and general benefits which were derived from
that method of satisfying the public cariosity ;
and without doubt his Learned Friend was then
right. He perfectly concurred with the opinion
he had ber...e expres-ed, and fur the name reasons
' dissented from his dry opinion, which the Court
had just then heard. Such a diligent co.iveyasiceof
intelligence must be useful, sad provided always
that the statements were correct, nothing of that
nature could be more desirable—nothing could
be less dangeroua. What had an honest man
to fear from it ? It might indeed be peril-
ous to some—it might be a disadvamage to the
Plaintiff; Mr. Donaldson, whose character, if
it had been properly consulted, would never
have been subjected to the inspection it must no.
dergo in that Court. If the statement of Ins
Learned Friend were true, that the character of the
Plaintiff was his only property, then he should
prove to the Jury that his Learned Friend's client
was 4, poor indeed." He had heard of persons hair-
ing a strong appetite for distinction ; bat of all
the candidates for public fame, he had never heard
of say like the present Plaintiff'. He would prove
every word respecting him entered in the justifica-
tion on the record: That he had from time to
time been in the habit of withholding Isis
master's money ; that lie had been examined
on a charge of embezzling his master's money ; that
the charge had been substantiated in the 11104 per-
fect manner against him ; and that he had only
escaped commitment from an arrangement which
had taken place between his friends and his em-
ployer. The fact was, that his employer. instead
of prosecuting him as the law directs. had called
upon his father for the amount of the baud entered
into for his good behaviour. This was for 2001.;
which he had endeavoured to recover rather thou be
all the mooey withheld by Mr. Donaldson out of
pocket. Ilia father had died before theamouist could
be recovered, and his mother had given bills for the
amount to Mr. Woodhead, one of which hall actu.
ally been taken up. This was to prevent A pone-
elution, and he could not but say that it was very
like conspoundiug a felony. The mass had em-
bezzled his master's money, soul had made false
entries in his master's books. lie ought to have been
prosecuted capitally, but this was not the affair of
the Defendants, they had nothing to du with (list.
Their reporter had heard the examination fleetly to
its close, and concluding that the Magistrate, upon
the case made out to him. could do nothing else
but commit the accused, had gone away with this
conviction, and rashly, as he confessed, published
the account with this error as to its result ; which
error had crept is., and errors would creep into the
best regulated establishments, from the reporter not
knowing of the arrangetneut which had take.. place
to prevent the coiusintinent. Now had a cons.
plaint been made of the error to the Defendant,
every thing would have been done to rectify it, and
do the I'l . 'ff justice without an action. lie had
taken another course, which snug be attributed to
his attnruey. That Gentleman knew that if the
Plaintiff could but recover only sort of damages,
the costs which would come to his own share would
be worth having. If the Jury must give damages,
after what lie should prove to them, they ought
to be the lowest possible.
John Walker was then called, who is a clerk in
Mr. ‘Voodlirail's courting-house. He remembered
Donaldson coming into the employ of Mr. Wood-
liras! ; Donaldson succeeded the colt sting clerk ;
gathered in money from the customers, and hart
frequently withheld sums. and made false entries
iii the cash-book, in which he was required to enter
the real amount received daily. %t ituess recul.
levied Donaldson coming to the house as usual, on
the 17th of March, at about half-past ten in the
morning. Mr. Wooclhead took Imo into a room,
and an office' was sent for to take him to Bow-street.
Ills mother and sister were also sent for and attend.
ed. Witness was nit present to hear what conver.
outwit took place between them. Whets Donald-
soil came out, lie asked witness for the book, and
inserted a list of sums, which be confessed that lie
hail held back after having collected them. Wit-
ness wrist in the evening to Bow-street, to make
the charge against o _filialtlaini. his master not
being in a fit comfit . Ills master was a
little intoxicated. The Magistrate dismissed the
charge because Mr. ‘Votelheutt was not present.
The witness then gave a recital of the circum-
stances which took place on the seem! Issue of tak-
ing Donaldwir to llow-street. The elimination,
however, was private. arid us he did nut herr it,..of
course could give no further evidence on it.
Being cross-examined by Mr. SCA a LETT, the
witness said that Mr. Woodbead was iii the habit
of taking sums of money of Donalilaini. her which
lie received tickets worded '' I owe yaw." until
such sums were entered in the book, and then the
tickets were destroyed. The book was produCrd.
and the witness opened it at the page where Mould.
sou had inscribed the sums be acknowledged to'have
detained. They amounted to 1991. 13s. Id.
The CHIEF JUSTICE—I' Did Donaldson receive
no tickets of 44 I owe you" for any of these sums?"
Mr. Itatxx—" My Lord wishes to know if
Donaldson received any tickets fur those sums
which he wrote in the book as having withheld ?"
Witness--" Nom, as I understanii."
Mr. SC•RLETT—" But I object to his Under-
standing."
The CHIEF JUSTICE, with some warmth. di-
rected the witness to stand up. '. You have both
douse with him," said his Lordship. " Surely I hate
a right to put questions to him if 1 please. 1 can
have no object but to discover the trutk.
The yeomen' was then put. mid the witness re-
plied that Donaldson received no tickeal fur the
rum in question.
Samuel KC4II, clerk at Bow-street Office, sworn.
Wanes* took duwu the CX1I(1/111d11011 lii Doiialdion
when he was brought up the tirat time. 1 lie
charge was dismissed, because the Prosecutor did
not appear: Witness was present When Douatiliara
was again brought up; lie recollected there was riot
a heating on the adjourned day. Seviral persons were
present at the time. It was a private hearing; to Ins

.t,..+.~. ~--..

knowledge so person from the aewspspers was pre.
sera. At a private hewing it "rasing usual to admit
Reporters. The occurrence task place on the 6th
April, before Mr. Conant. He did not recollect
that Mr. Courant said there was no g►ound for the
charge. but he ce►tainly thought it a doubtful case,
within the Act of Parlieureut. He sent t►u account
to the newspapers.
W►lliam Brill errafeted.—Said he was an attor-
ney of the late Mr. Woodbead, of Drury-lane, mid
had been consulted by hint on the subject of Mr.
Donaldson's charge. He mw the younger Donald-
son at Bow-street, who said it was cruel on the part
of Mr. Woodhesil to prosecute him. IVitneas sent
no account to the newspapers.
The Cate► JUSTICE—A The man is discharged
for misconduct, bat net for felonious embezzle-
meat. Do you admit the moicooduct ?"
111 r. SCARLETT said, he had 110 doubt he should
satisfy the Jury the insertion of the paragraph in the
newspaper was from malice.
Thomas Collins said he kept a public-house in
May-fair, and was a customer of Mr. Woodhead,
the distiller; he had occasionally paid Do+►aldron
sums of money as clerk to Mr. Woodhead. He
produced Donaldso►►'s receipt for la. 164. 10d. on
the loth Dece►aber. 11112 ; and for other sums
at subsequent periods, urnoesiting in the total to
77/. 124. ed. For prompt trillium a compliment,
as was the custom, eras always made to witness's
wife.

Thomas Clarke examiaed.—Recollected nuking
repeated payments in Doi.' Ids°, on account of his
employer, Mr. Woodheat! Ile handed in a re-
ceipt for 341. I.ls. 6d. vrhieri he received from Mr.
Donaldson.

Win. Wright, • publican in Devonshire-street,
Queen-equine, was • customer of the late Mr.
Woodhead'o, and had often paid money on his ac-
count to Donaldson. An allowance was made to
the landlady, which was called pin-money.
Oilier publicans proved the payment of sums of
money to Mr. Donaldson. in a similar manlier.
Entries of those SUMS were (mood in the book.

ScAeLerr. in addressing the Jury fur the
Plaintiff, commented upon the evidence given in
the as, It was clear that the insertion of the pa-
ragraph sprung front a malicious motive. He would
not say the Defendants were themselves actuated
by that motive, hut were the agent• through whom
the views of another hail been propagated : they
were liable, and must answer for their responsi-
bility. Thee had not ventured to produce the re.
porter. The Learned Gentleman then condemned
the insertion of police articles in the newspapers,
which had a tendency to prejudge the minds of the
public against an individual before trial ; lie thought
Then► very injurious in their effect. Though lie
never could consent to a previous censorship of the
press. yet lie should willingly hold parties seriously
tesponsible who abused that great engine for private
purposes.
The Cur EP Justice then charged the Ju•y, and
tl glut the practice of publishi►gp what transpired
at preliminary inquiries antecedent to trial. highly
injurious to the adminisirstiors of justice. The De.
feinfailis in this had pleaded. first, the general
issue, and, secondly, a justification of a part of
their statement; but they lied not attempted to
justify the words " committed for trial." They
could not, for according to the evidence no such
committal tool• place. The misconduct of the
pally, though not the embezzlemeut, was certainly
a venous pert for the consideration of the Jury.
Tue Jury. slier some consultoii 1111 l brought in a
verdict fur the Plaintiff.—Damages 501.