The Sun.
London, England, 1854-12-23 00:00:00

DECEMBER 23, 1854.

brethren of the South-Western, we shill begin to 'believe in
the possibility of such a result."
The AttorneyaGenerat having staffed the case for the
plaintiff, and. Sir F. Thesiger for the ilefendant,
, Lord Campbell addressed the jureans follows :—Gentle;
men of the jury, after the very able speech which you have
heard from the learned counsel, E ' Sir E. Thesiger, you will
cautiously and. deliberately determina the case, which is a
case' of great importance as effecting the liberty of the
press; and also of the greatest impel-Lance as far as the
'rotectiun of private character is eobeerned. The infor-
, nation charges an alleged libel on Fritecis Scott and other
lirectore of the SontraWestern Italway Company, and
ho defendant merely pleads that ' . is not guilty—not
confessing that the article was an i . proper publicatiseia ;
nit, on the contrary, saying he had ot written anything-
i
.vhich imputed dishonour or mie eiduct to the prose-
:utors. By the law to which refetireee has been made,
there is now' an -opportunity to a defendant on an in-
formation for libel to say, "I knowlah:3.t I have written
nothing but what is true." Fora rly in this country
there was no such privilege, and it was said, "the
greater the truth the greater th libel;" but, gen-
-1
'lemon, I am happy to say that that • obloquy has
been. removed from us, and that now 'idefendent, in a case
if libel, has had an opportunity of showing what he had
written had been written with a laudable object. In this
ecutthortit s, tolife uaying
it is all true. Ile, however,
ease an opportunity was granted to the defendant, if it
publication had imputed dishonour
to
,does not do that : he acknowledges thatall the prosecutors
ire honourable men,'but he Says' that nothing had been
vvere
the allegedrops
done by him except in the way of p&ssing fair comment.
If, gentlemen, this be your opinion, then for God's sake
find a verdict for the defendant. The liberty of the press
is of inestimable value, and God forbid that you or I should
do'anything to impair it. I have no difficulty in saying
that the conduct of railway directors is a fair subject for
discussion by a public journalist. They are public func-
tionaries, and their conduct may b fairly considered,
and condemned if deserving of condemnation, but to
them or to no public man can misconduct be imputed
without proving that Yee charge Is true. The judg-
ments delivered by e judgeniay. Be assi„.l toe b.
erroneous, and there is no cause of complaint if there
be arguments to show that they are erroneous, but you
mast mot say that he took a bribe unless you are pre-
pared to prove it, and then you may y allege it. Nothing
can be more fair than the criterion by which the learned
gentleman wishes this articleto be judged—does this article
impute private misconduct and dishonour to the prosecu-
tors, or does it apply to their public characters? Bat you
must not impute public dishonour, and then say I have not
touched upon private character. You must not say a minis-
ter of state has been guilty of receiving a bribe from a
foreign power, and. then say you imputed nothing reflect-
' fug on his private character. It is not competent to a man
to impute gross misconduct in a' public capacity, and then
without proof justify it on the ground that it was
imputed to the person charged, not as a private citizen,
but as a minister of state. Gentlemen, you will take
the whole article into consideration, and will say if it
imputes dishonour-or misconduct to the prosecutors. I
give no opinion on the character of the article, bat if the
proprietor of a newspaper is at liberty to make impu-
tations on the character of persons which cannot be sup-
ported, then the liberty of the press, instead of being a
great blessing, would be a curse to the country. When the
press breaks out into licentiousness, it is necessary that it
should he at once repressed. We may rejoice, for it is an
honour to the country, that the press is now conducted with
the greeted credit and 'propriety and to the usefulness of
the public, but if the columns of a newspaper were to be
open to calumnies on individuals, then it would be neces-
sary for the law to interpose. It was unnecessary that any
of the directors' should have been called into the box as
witnesses, but in the most manly manner they had pre-
sented themselves, and had given ample Opportunity for
examination into any improper conduct that might be al-
leged against them. If, ;tsritlenien, yon find thatthisarticle
was only a fair comment on the public conduct of the di-
rectors, then by all means find a verdict for the defendant,
but if you find that it imputes that which is unbecoming
to their conduct. as directors and to their conduct as gen-
tlemen, then you will find to that effect., You will con-
sider the article -as a whole, but there are some passages
to which, if I did not refer, I should not be doing
justice. The article says, "We have surely heard of such
a thing as tampering with some votes, and creating others
of a fictitious character, for the purpose of carrying out
any scheme on which a body of directors have set their
hearts." It is said on behalf of the defendant that the
prosecutors were not aimed at in this sentence; but in a
case of slander or libel it is not necessary to show that these
is a direct imputation—to show it was alleged that Mr.
Smith murdered Mr. Johnson; but that the article is of
such a nature that when read by persons it can be applied
to those against whom it is aimed. If you think this does
not apply to these directors, then, for the purposes of this
day, the sentence is harmless; but if you think it does,
then you say, is it not a very grave charge? Then the
article goes on, " It is of course competent to the direc-
tors to show that the former meeting was a bons fide
one by the publication of the voting list's," but you must
not say that a man has coinmittol a felony, but he may
bring forward evidence to prove his innocence. I think
it is not creditable to insinuate without proof that a per-
-on is guilty of an offence, and then qty he may proceed
to prove his innocence. Then it goe-On 'to say "if the
Hon. F. Scott made it," meaning the pledge, " in defiance
of the wishes of his constituents, of *lac the transaction
is a mere swindle, and there is an end ' e it."' You will say
if this sentence (lees mot lead to the liqf that he did do
it in defiance of the Irispes orbta- Client:4, and thou
that being so that the _
transaction NVILB A " mere swindle."
Does the liberty of the press require such language as that?
The learned counsel said he kneW of no such term as a
swindle, but it was a term of great opprobrium, and to
apply to a man the term swindler must wound his feeling!
anal injure his character. If the transaction was a swindle
then ho who took pertain. it waa.a swindler. Who then
was the swindler? No doubt the "Demon of Specula-
tion" does a great deal of mischief, but it is for you to
say whether by the phrase in this article it was in-
tended to imply that these directors privately had a
speculation which was to be served by the course pur-
sued. "The Demon of Speculation was amused, and the
chairman and directors of the South-Western appear to
have been infected by . the general mania to a higher
degree than the rest of alicianeighbours"—and here follow
words which, gentlemen, I implore you to mark as show-
ing in my opinion the animus of the writer—" We trust it
was no worse." These words of seeming candour appear
to me to contain a sting, showing the animus of the writer
of this artic:e. Did it not imply that he who could express
so candid a statement knew what he said, and that it
could be strictly relied upon ? If the directors had entered
into a combination for packing meetings and creating fic-
titious votes to attain objects of their own, then they could
be indicted for conspiracy, and would be liable, if con-
victed, to be imprisoned. It will be for you to say whether
all these charges have been made, and, if made, are
they unfounded ; but for myself I will say that I do think
that if such publications as these are repressed, that the
liberty of the press cannot in the slightest degree be im-
perilled.

The jury immediately returned a verdict of " Guilty."
The defendant was not oalled up for judgment.

RAILWAY TRAFFIC' RETURNS.

TRAFFIC RETURNS FOR VIE PAST WEEK.

Miles -
' kceeelpts.
opened,
NAME OF RAILWAY.
1853. 1854.
Beats%
115_4. Bristol and Exeter -•• •••• - •••• " ...•
....
-- ---...,____.• -..-...
X
7214 Aberdeen
,37 .24 Belfast ••'••••••• • • • • • " • ' • ' , 71 0 631
and Ballymena •• •• •• •• • ' •• .-
17 Beira . - -
1,821 , 1,420
33 Belfast and County Down•• •••• - •• - 1,696 1,910
98' 6; D°urbkl Ina nd
and Landon
Be t
, :4,
il Birkenhead,Dublin
East Dundee
i,
aananend:
2614 Bolt
_
103% • 011. Blackburn, and West York •• • • 4,630 5,251
139 4 ti 9,750 12,980
142 E,,,„, -
94 Cheater
and Glasgow ***** ** •• •• • •.
3,862 4,390
_ st..-hester and Holyhead... •• •• •• '' •• • 137 136
:„ ork. Blackrock, and Passage .....•
and Cheshire
196 238
-
1,072 1,231
7% Dublin at d Drolheda• ••••••• • • • • • • • 542 549
167.464 416
Junction 686 869
25 Dundee, Perth, and Aberdeen Jun 175 287
67% Dundalk and Enulskillen.• .. ••••• • • • 762 854
81_ East Anglian. ...... ••••••••••• "• '• .•
4,563 4,746
417 Eastern Counties and Norfolk.. •• •••• i 19,803 19,917
Arbroath •••. •• •• ••
2,359 2.575
a 'dinburgh, Perth. and Dundee•• "••
-
6 -
2,, Exeter and Crediten•• •• •• •' •••• ••
••
- -
. Farness Railway •• •••••••• • " • • • •
934 GI.. W ters 010 5•114
283 -Ow. •
and South- es =••-•• ••
18 451 23,619
Great Northern and E. L........... .
199 Great S d Western (Ireland) 0=303 5,733
a 42 Southern an
20 523 23,273
25 Great Western •• " ' ***** ••
• • ••
••
" . Irish South Eastern •••••••••• • • •• •• - -
90 Lancaster and
Ca..' • rsle• ••• .......... 5,134 5,046
260- •kshire..- ........ 17,841 18,393
Lancashire and lot
- Leeds Northern .• •"• '• • • • • •• • "• •• - -
161 Liverpool, Crosby, and Southport.... 2ao 270
4,53„)4 L orlon and North Western ......... 47,544 50,869
"74. Landon and Blackwall.• •• • • •....... 1,040 1,142
174 London, Bright m, and South Coast.. 10,019 10,746
267,, London ar dEI inth We5tern......... 10,816 12,037
" Londonderry aid Enniskillen •..„ ,„ ,„ 311 590
...- Blanchester, Buxton, and Matlock, Sic. - -
1i 1 % Manchestei,shomeld,and Lincolnshire 7,435 8,567
1,;(I Manchester and SouthJunetion•..... 667 627
`t, 3laryport and Carlisle •• •• •• •• .... 730 820
498'X Midland •••• •-•••• •• • ..... •• • • .... i 5,798 26,127
12614 Midland Great Western (Irish) ...„ ~ 2,609 3,071
37 Monklands •• •• • • •* •• •• '• ' ' •• '' •• •• - -
781 i Newcastle and Carlisle.. •• .... ..... , _ -
119 North British •• •••••••••• •• •• •• •... 4,321 4,527
- • North Staffordshire • • .• .... •... ~ _ _
4614 North-Western •• .. ...... .......• ~ 726 883
9,14 Scottish Central •• •• •• •• •• •• •• •••.. , - -
32 Scottish Midland •• •• •• •• ••.....
2934 Shrewsbury and Birmingham .... , - . -
7,9 Shrewsbury and Chester • • .......... 1,654 1,910
4,1 Shropshire Union •• •• •• •• • • •• • • •• .. 693 797
67% South Devon- ••••.•••••••• •• • • •• .. 1,736 1,837
284 South Eutern •••••••••••• • • • • • • • • .. 12,3,0 13,470
162% South Wales .••••••••• • • • • • • • • • • 3,7 .6 4,708
97 South York., Doncaster, and Goole .. -
-
30 Taff Vale .• •• •• •• ••••••"•• • • •• • • •• 3,183 2,856
.'1 Ulster . ...• •••••• • • •"• •• •••••• • • •• • 1,:09 1,238
77 Waterford and Limerick •... ~ ~ ....
60 i 785
12 Whitehaven Junction .. • • • • ......, ..
25 West Cornwall ...... ... , ....... ' 586 441
273 350
682 York and Newcastle, and Berwick &
York and North Midland & L seas - -
TORVGN. . •
571 A Dutch Rhenish .................... 1 180 „ 865
185 Lyons and Ifediterr mean ........ '
C 3 Ntontereau and Tmyco, ..............
G3Namur and 1.1e4e ................,
.. - _
415 Northern of France .. •.............
6 )7 Orleans and Ceotral* ..
___
-
240 Paris and loops ............ „„,
~ _
-
82 Paris and hones. ..•• •• ........., ~ 7,,512 7,649
392 Paris and Strastargh .• .. ••• • • ~ .. _
59 Rouen and it ~.v re • • ....
118 Western of France _ -
Ea s t er n U n 1s1( i0hn::::::t0...j.w.:::...n....0....ti.: 0... n•
:•.: ........:
........:
........
........

* the receipts hielnds the traffic on the Orleans and Central, Or-
leans and Bo:deaux. and Tours and Nantes lines.

[ADVERTISEMENT.]—PRACTICAL EXPItRIENCE OF 111'.
GElSTS.—Upwards of 300,000 cases of cure of various
diseases have been effected by Morison's medicines,
which cases are recorded in the Ist, 2d, and Ed vols. of
"Morisoniana." Such is the practical experience of the
British College of Health, New-road, London, on which
hygeists rely when they proclaim that all diseases arise
from impurity of the blood and that alone.

51A11KET J11P3%8--(1'111S DA Y.)

: COVENT GARDEN.
We were well supplied with both fruit and vegetables.
The demand ruled steady, as follows :

TRUIT.7-Pine apples, English, 4s 01 to 7s per lb; apricots,
Os to Os per doz. ; hot-house grapes, 4s 6,1 to 9s Oil per lb ;
foreign ditto, 101 to is 8d ; • melons, Os Oil to Os each
peaches, Os Od to Os; nectarines' Os Od to Os per dozen
v.pples, 44 Od to 12s Od per bushel; pears, 2s al to
Gs Oil per half sieve; Orleans plums and green gages Os to
Os Oil per punnet ; ditto, Os to Os 0,1, and common plums,
3s 0 to Os 01 per half sieve; clifzriee, 01 to Os per pound ; '
lemons, 61 to. is per doz.; oranges Is 0,1 to lOs per 100; fil-
berts, 9is per 100 lbs; cobuuts, IGOs to 130 s ; almonds,
Os to Os per lb. ; walnuts, 01 to 0.1 per 100; figs, Is Oil
to 2s Gd per lb.
VEGETABLEts.—Savoy cabbages, Ca to is 01 per dozen ;
red ditto. 2s 0,1 to 4s per dozen ; French beans, Os 0 1
to Os per half sieve ; brocoli, 6.1 to is 3d per bundle ;
potatoes; cr,s to 125 s perton; vegetable marrow. 01 to Os each;
peas, Os 0,1 to Os 0,1.,per bush.; broad beans, 9,1 to is per half
sieve' turnips, 21 to 41 per bunch ; carrots, 3d to 6(1 per
bunch; cucumbers, Is 61 to 2s each ; garlic, Os Gd to
Os 81 per pc unil ; spinach, is to Is Gd per sieve ;
onions, 2s Od to 4s Od per bush. ; Spanish ditto, 1,5 to as
per doz. ; leeks, 2d to 3d per bunch ; shallots, 41 to Gd :
horse-raddiab, 2s Oil to 5s 0 i per bundle ; parsley, 2,1
to 3d per bunch ; celery, 9,1 to is 31 per
bunch ; endive, 91 to is 3d per score ; beet, 6d to is 3d
per doz. ; parsnips, is 01 to 2s Od per dozen ; small
salad, 21 to 3d per punnet ; mushrooins, is Od to is 6d per
pottle ; artichokes, 4s to 6s per doz.; cabbage lettuces, 9d
to 18 01 per score ; sorrel, Gd to is per half sieve ;
radishes 91 to is per dozen hands ; tomatoes, 3s Od to 4s-
-0,1 per half sieve.; chillies, is to is Od per 100;• Brussels-
sprouts, is 01 to 2s 01 per half sieve ; capsicums, is to 2s
per 100.