The Sun.
London, England, 1837-10-25 00:00:00

CpMMUN
PLEAS.-(TIIIS DAY.)

(Bcfol

_.‘re the CHIEF JUSTICE and a Special Jury.)
EASTIIOPE v. WESTMACOTT.—LIDEL.
I,.‘i!r. Sergeant WILDE, Mr.. M. D. 1-11.1,L, and Mr. 11.
441 It; appeared for the plaintiff ; and Sir Wm. FOLLETT
(•,..alt• KELLY for the defendant.
wil4r. PERRY opened the pleadings, and Mr. Sergeant
ILDE stated the case.
It w.,-
6; „,„"4 an action brought by Mr. John Easthopc, the
F—a"; against Charles
.Molloy IVestmacott, the de-
hfeifi,„dant ; and. the charge which the plaintiff'.brought against
ta`gete'wraosfhtihseliaving published a libel reflecting on- the plaintiff. The The names of both the gentlemen
were probably known to the Jury, Mr. Easthope being one
the proprietors of the Morning Cliironick, and former!)
Pl'opa Stock-brOker in the city, and Mr. Westmacott being the
rietor of the Aqe newspaper. The action was brought
Lo
recover comperuation in damages for a libel published by
the defendant in his newspaper ; and the part of the libel
lilnPlaineil of, which formed the sole matter appearing 011
MO record, was not one of those attacks which the editors
',newsP4pers were in the course of making upon fuel,
.E.(,),l.:t'setrh,ohpuet was one in which the defendant had pursued Mr.
into his private transactions, and imputed to'llitri
;;?ndct grossly dishonourable, and sit-cii as must exclude
1111, fro grossly
all honourable or respectable society, if true.
1. niertunatelv, now-a-days, there were some persons who
ill. a
whu'it, hy, slander and riboi—whose daily food and whose
f',,,1. - existence was made out of attacks upon the
nf I,ngs, the interests, the honour, and the character
eii4uldividuals. Whether the present was one of that
.. s, it would be for the Jury to judge. One course
144°11Y taken by persons of that description Was, that when,
'the
order to punish the libeller, an action was brought under
.;:e for and
fiction of a plea of justification to the libel,
L. e defendant travelled into matter of a totally different
cseription, and wholly unlike the libel, and having nothing
I4lliccallincin with it as a justification, even if the matter
„:eged it' the lwere true, that was done either
'oat the pea . and
..
tralleous iitalrgteyir3c,omplaining might expose himself to an ex or, i from the real character of the libel itself ;
f the party objected that that was no justification,
tif.lat,it might be implied that be shrunk from some part
5.4,.1,ne attack made upon his character by the libeller.
"u"
Iv" the course that had been taken on the present
ti t° libel imputed conduct of a certain &scrip-
wisi..to Mr. Easthope ; it was of that nature that no man
sit 4.t,". tO preserve his character and respectability could
„, quiet under. It was of that nature that the party, if
ittg4cYing in respectable society, should demand an inyesti-
ou into the charge brought against him. Mr. East-
,dintlirPee had brought his action for the purpose of giving M. ,
,tt.Stniacott on opportunity, or those who might be behind
with or inciting Mr. Westmacott to such a course, if
a"pYausn,e.h there might be, or. if. Mr. Westmacott was acting
t els own views, to give him an opportunity of coming
w°oritwiadrd in Court, and substantiating that charge, which
t - throw the greatest disrepute and disgrace upon Mr.
tqa3r.ltx,e, if substantiated. But, instead. of that, when
:t
,_ t estmacott was charged with this libel, and challenged
tetui„euPro.ef, he, under his plea, imputed a transaction of
but "``,"Y different character—one not creditable, certainly, c" a totally different character. Mr. Easthope was
euns u
an i 49 °fitly placed in the situation, either of going into.
givatrY, of
.something that formed no part of the ma-
irrq libel—or if he demurred and said that the plea was
i• :,,,411t and immaterial, andfurnished no defence, and that
I:e7gat not to be gone into—and that even if true it would
it-„,'"n(I to be no defence—if the plaintiff took that course
lug"nld be found that in the Age newspaper of the follow-
aatSunelay it would be asserted that although the plaintiff
11,,,.tnet the first charge, the defendant had made anotherh
wen' Which the plaintiff shrunk. Mr. Easthope had ow-
.
in.given
Mr. Westmacott the opportunity to make the
tabliqeveliaryt,t,erafethearrtghee, action had been brought, not only
.in.to
but that which the defendant had origin-
,,t':'i "unshed. He had given Mr. Westmacott the oppor-
-11:P44Y to do that which lie ought to do, unless his feelings
ill%dievolence were stronger than his love of justice—he
giu'eli him an opportunity, if he had been hasty, and
%et ind naent of imprudence under false representations in-
reanen,,an injury, to retract it in a fair, open, and 'manly
very '.1.• But the present plea of justification stool on a
4ii, different footing from the original libel. An excuse
hagut, he made for a statement made through inadvertence,
tnistlaxei or misapprehension, but a plea was always the re-
biad_nf deliberate consideration after inquiry. .had been
~ ", after legal advise had been obtained, and the
aeans
_, , _
MI I°l defence ascertained—it settled the point of
wllet ler the defendant was a determined libeller, or
jiether he sought to repair an injury inflicted in
ollstiurnguarded moment. Mr. Westmacott had soughtdto
tra-nY the present libel, but in so doing he had imputed
fir, of a totally different character to the plaintiff.
the
'' 1-Casth did not shrink from the charge. They were
- ope
to,
b,1.,c to inquire, first, whether the plea furnished an answer
nat had occurred.
th.t The CHIEF JUSTlCE—Brother Wilde, could not some-
ung be said on both sides in this ease ?
airlj It appears to
nie io which an arrans. Surmight be come to.
4e 4
wi geant gement
WILDE—My Lord, Mr. Easthope comes
nation t° any feeling of resentment, but with a determi-
- •. l° the ext Push the matter, so far as his character is affected,
ren,
late boor -est test. If the defendant now, even at this
verdict- ,i' will recant, we shall be content with a nominal
The
(vta with less' than that we will not be satisfied.
evert .f. ?Illtr JUSTICE—The plea may be inade out ; but
Cannot
4till\ilertihitilgt 62 it is no justification to the libel.
he done ?
record • Sergeant WILDE—My Lord, the plea put on the
1it,„,;1. will be found to be as far from the fact as the
~ Itself.
t,,,_1.1. coven
rence here took place for sonic minutes betwen
uunsel on both sides, and
he _l'.* Scrgearlt WILDE, addressing the Jury, then said that
,ii,nad reason to suppose they would have ultimately n
nagittierelty
in the case, but he had risen to state what the
whieke of the libel was, and what the documents were by
1171:t
,he proposed to show that it was utterly.gou
mightdl
tll,i he Learned friend (Sir W. Follett's) opinion
tiit,i "0, would he seen. The libel purported to be aletter I.,''a:tebsused to the electors of Lewes, for which borough Mr.
4a attaPc,. was about to be a candidate. The first part was
I%iq a. such as was generally made upon political elm-
-1 ' ers' andwhich if the candidate had not nerve enough to
J. 4,., h ,
4'41 e(Sergeant Wilde) would advise him to keep quiet
1114,„Ittiire into private life. He would therefore say nor
°F ti;'„ilueut it, as it was an attack upon the political creed
',.4 the candidate, which he would be called upon to defend
I'4- great theatre where he was to appear as a legislator.
l'slitit),4,rt ef vvhich Mr. Easthopo complained, quitted his
4 il rh-44 character, and took him up ill his private character
Ilstri-an of business and a gentleman. It was written in
'ii; ° Is if Mr. Easthope were himself addressing the dee-
-4lite*d ',_'lie Learned Gentleman here read the libel, which
4Qtiae teßat the plaintiff was a friend to liberty in the fullest
Illitl that the terra—tile liberty not to pay debts of honour-
-4ibtiee4tt,lo would put a case by way of.' illustration. The
~'xellati "en proceeded to suppose a man upon the
his
,'4c,ter ige, a defaulter and that a friend, to save elm-
,,-ittie,),:lent hire 6,oooZ—that the borrower had no right to
'4eto,...,',e,tige the debt due to the man who had saved his elm-
;%ire ati hat was goiwf pretty far, but if the electors would, in-
l'ot till, the Stock Exc' flange, they would find lie (Mr. E.) had
tM born tie the hatchet. The statement implied that Mr. E.
" ,4t 4-, I.,_nwed 6,000/, from a friend to save his honour, and
Iph h i," "ad then disowned the debt because it was a debt
,),S':i°4l.• Mr. Easthope had never done so—he had
1.,47,q.0weil 6,000/. forsuch a purpose, and be had never
at the It Mr. Easthope 111)41 been formerly a member.
a,,,Ne4 °el, Exchange and in partnership with a gentleman
ALI •Allen Ti- ' 1 • t bad not been
et .-9 fro • ..ie parfnersolp account ,vit)iro,i, n'l the Year 1825 to 1831, when the partnership,
to 41 •k„ aNI Mr Allen lead then prepared an account I))
44ikiti 1,-:trrine',!B_ !!1: o.pc was__ brolhitieitlivaas csoen.siderable debtor
Mr. Easthope
tii,i e deak.r:i, ,p. No doubt
I'4Ail "ct ~p°- (1 the accuracy of the accounts, although le
4 tt, t.i.:1111 their incorrectness—that he would pay 111 .
col4Nts,rel!e.uttnost extent, but he would reserve the accounts
hboiq t ult"ainination • and, until an arrangement had been
,lti..,thstat°,4
that E. a.sthope gave' a bond for a certain amount,
4e N'ind L4t if in the result it should appear that be was
"%id ented to Mr. Allen on these partnership accounts,
tit lostruhls)ay the balance• That arrangement was made by
1, edth 'gent in writing Which he had before him—it re-
1-kt 11 4t ti
1(1 ts `41.. D'e Partnership accounts had been delivered—
ttlry *a
farhope was the debtor, and that he proposed
hit Pe), , as his means enabled him, and that he would
41141°4 g4ritsio estates and assign certain property, he and
I,.l:thllent i,;87,4, bond in the sum of 3,0001. That was the
i'ra, uPe
as
l'tle deed, and at a future time when Mr..
,Ut „It fams in a Condition to pay any balance duo
.by
'lltoleciot-"er communication took place respecting
1/etp-al Neil. That communication was conducted by a
I°l- vats
otni;„ Sod it was arranged that as the partnership
5
1(1'4 -'''-iti -aced a period of several years—from 18-
I,44aceounts7diter to save the trouble of going through
ghee bNI a . to
be desirable to see if they could
'lks_6„?udgh,:tr'itri to bo paid in satisfaction of all demands.
h,51141 ')
Eltict it on a former occasion was for a sum. of
1' al Of nearly was Proposed that a like sum, amounting to
;,4 4tiNr;,l °moot. in all, should be paid in satisfaction
n,"Dett 1 November ' a deed to that effect was executed. on
'lth
~,t)l4 , 1833. That deed was prepared by a
°At th,,,10,„a ileitor ; it recited the former agreement, and
llicti-,j,hilte o:,.`4tnteorrie.cite that in adjustment of the accounts
(' t'l,-.4.1 kr, i,B°'l3, Mr. Easthopc agreed to pay to Mr... I, t(st ' which • ripe
agreed to accept, the further sum of
-si • 1,, aun,
4 411 this Loans
was to be secured by a bond witllin-
li ''' t 18 took Y as Paid down, and a release was given,
t),44Vititahsothope
Ileplace in the month of November, 1833.
Ai ‘t
canono, rrow,d ver having been a defaulter, and never
411 ttod the shilling, as stated in the libel. Upon
, bond
e4ltkel for '") 250/ was given up by Mr.
'ed--certain -notes 'also held by Mr. Allen