The Sun.
London, England, 1839-12-09 00:00:00

LA INTELLIGENCE.

COURT OF QUEEN'S BENCH, DEc. 7.

LIBELS.-SOMERS, M.P., P. HOLT AND OTHERS.

The ATTORNEY-GENERAL stated that this was an
action brought to recover compensation in damages for
a series of libels on the plaintiff, the Member of Par-
liament for Sligo. These libels had been published
from time to time in the Age newspaper, beginning on
the 18th of February 1838, and going on to the 7th of
April 1839. They varied in malignancy, but at last
they reached a degree of malignancy which rendered it
indispensably necessary for Mr. Somers to bring this
action. He might say, that probably if it had not
been for this last libel, contained in the Age of 7th
April, 1839, Mr. Somers might not have thought it
ni cessary to have troubled himself to bring this action ;
but this last contained such a virulent attack on the
plaintiff's honour and reputation as to render it indis-
p'usable to bring this action, and to give the
defendant an opportunity of justifying these slanders.
Tile first three publications related chiefly to election
squibs and quarrels. The last attack appeared in the
Age of 7th April, 1839, and was in these words :
"In the Post of Friday we find the following : We
are authorised to state that an explanation has taken
place between Mr. Somers, M.P. for Sligo, and Colonel
Gallois, to their mutual satisfaction.' We have reason
to believe that this authorization came from a Master
Patrick Somers, through a medium he knows
we understand as well as himself. The fact is, that
Colonel Gallois, who is one of the bravest fellows
that ever honoured the profession of arms, chivalrously
followed this man Somers to his own dunghill. and made
the blustering Taller' kneel for protection and implore
mercy. We hope Mr. D. Browne will benefit by the severe
lesson his acquaintanceship with the peculiarly-qualified-
tor-Zero Society, Mr. John Patrick Somers, has taught
hint " It this were true, Mr. Somers did not deserve
the character of a gentleman ; it imputed, that when
Colonel Gallois asked for satisfaction, Mr. Somers, in
the most cowardly and dastardly manner, used the
expression here made use of, and " knelt for protec-
tion and prayed for mercy." There was no justifica-
tion attempted ; the defendants relied solely on the
eloquence of their Learned Counsel, but he (the At-
torney-General) hoped their feelings would not be led
away by any address, however eloquent, but that they
would look fairly at all the circumstances, and say that
it was a case which called for very heavy damages, in
order to compensate Mr. Somers for the injury he had
sustained, and to punish the libeller.
Mr. Dillon Brown, a Member of Parliament, exa-
mined.-1 an acquainted with Mr. Somers. I have
heard the publications read, and I believe they refer to
Mr. Somers. _ _ _ _ _

Cross-examined.—l am well acquainted with Mr.
Somers, hut I have not seen him lately. I have not
he,trd from him, or any one else, that there is process of
outlawry again t him.
Mr. THESIGER then addressed the Jury on the part
o: the defendant.
Lord DENMAN summed up to the Jury, and said it
would hav,. been infinitely more satisfactory if the plain-
tiff had produced any evidence before the Jury. An
opportunity had been given to the defendants to prove
their assertions, but as they had not attempted to do
so they must be taken to be utterly unfounded. It was
entirely a case for the Jury to decide the amount of da-

mages.
The jury, after having retired for some time, returned
into Court, and found their verdict for the defendants
on the first three publications and for the plaintiff on the
last, with 501. damages.