The Sun.
London, England, 1836-07-11 00:00:00

COURT OF COMMON PLEAS.

BOWELL V. BLACK.
(Concluded from the Sun of Saturday.)
Mr. EStLE on the part of the plaintiff, said, the plaintiff
was a gentleman- of considerable literary ability, and the
defendant was the editor and registered proprietor of the
Morning Chronicle and Evening Chronicle newspapers.
The plaintiff had in the first instance been ..employed upon
the establishment of the Morning Chronicle as a Parliamen-
tary reporter, and evinced great excellence in that capacity.
In Dec. 1834, during the interval between session and ses-
sion, the plaintiff, then holding on the paper an annual engage-
ment as reporter, at 51. ss.' per week, the new proprietorA
requested plaintiff to become co-sub-editor with the then
sub-editor, Mr. Hogarth, at a salary of 71. 7s. per week ;
and, on the 31st January; 1835, they appointed him, co-
editor with Mr. Hogarth of the Evening Chronicle, their
new three days per week paper, at an additional salary of
three guineas per week. These duties lie discharged so
much to the satisfaction of the proprietors, that on the
30th of April, 1835, they promoted him a further step, and
made a written engagement with the plaintiff, in conse-
quence of the violation of which the present action was
brought. The agreement was as follows :
" Morning Chronicle-office, 30th April, 1835.
" That Mr. Powell be the sole sub-editor of the Morning
Chronicle, and also sole editor of the Evening (Throuicle, his
salary remaining seven guineas per week for the former duty,
and three guineas weekly for the bitter, upon the condition to
be distinctly understood that Mr. Powell shall devote his whole
time and attention to the Morning and Evening Chronicle,
and shall not be interested or occupied in any. other pursuit or
object.

" That Mr. Fraser be requested to afford to Mr. Powell
such assistance in the sub-editor's department as may be found
requisite,
in consideration of which that an addition be made
. to his salary of one guine3 per week, it being at the same time
understood that, besides rendering such assistance in the edi-
torial department, Mr. Fraser is only to be required to take his
regular turns of Parliamentary reporting, and he is accor-
dingly exonerated from requisitions for other duties."
He particularly called the attention of the Jury to this
agreement. While the plaintiff acted as reporter he received
five guineas a week, but then he had considerable time at his
disposal, which he might devote to more lucrative occu-
pations: He had not, therefore, improved his circum-
stances in a pecuniary point of view by his advancement,
but it was an honourable advance, a situation of great trot
and confidence, and likely to lead to something of much
more importance, and therefore plaintiff accepted it. It
would be proved by witnesses that from the moment of
plaintiff's appointment, by his prodigious exertions, the paper
was not only materially improved, but advanced in circu-
lation at so rapid a rate as to double and treble its former
amount. The plaintiff continued to discharge the duties
of his office in a way that was highly creditable to his
talents, and serviceable to the papers with which he was
conneetal until the 9th of the last September, the day be-
fore the Prriregafia of Parliament.. It was during the
session of Parliament that the harvest of reporters was—
reports in Parliamentary committees, correspondence with
country papers relative to Parliamentary proceedings, con
temporaneous reporting for the Mirror of Parliament ;
and at the end of the session, having used the plaintiff's
talent through the time of difficulty and labour, they se-
lected that moment for the pkiptiff's discharge, although
the defendants must have well known he could have no
chance of obtaining another employment during the recess.
Now the question the jury would have to decide was, whether
on the face of their own agreement, the defendants had a right
to dismiss the plaintiff until the end of the year; and upon that
obit he would rely upon the contract,upon the undoubted law.
-To the declaration of the .plaintifithe defendant pleaded,
first that the engagement was not an annual one, and, se •
condly, that if it were, the
plaintiff had been guilty of mis-
conducl, and therefore the defendant had reasonable cause
to dismiss him, which he did upon giving him reasonable
notice, viz., a month's notice. His client denied that he
had conducted himself in any manner but that which was not
only highly creditable to himself in every respect, but also
highly beneficial to the journal which had the advantage of
his services. That the proprietors, Mr. Easthope,
M‘Gillivray, and Mr. Duncan, gentlemen wholly unac-
quainted with the press till recently, were competent judges
might be doubted. The situation was not like that of an
ordinary clerk ; it was not a confinement to a desk or table
which could satisfy the duties of such a situation ; and
therefore that proprietors and editor came in and found him
absent was no ground of charge, inasmuch as he was absent
about their business, or else was within one minute's mes-
sage of the office, taking necessary refreshment, which
plaintiff never did till he lied gone through his business, and
was waiting to ascertain that the amount of composition
would correspond with his previous calculations.
Mr. Metcalf
.examined by Mr. CROWD 'R
—Witness is
cashier and clerk in the Morning Chronicle office. Re-
collects Mr. Hogarth and Mr. Powell acting as sub-editors
of the Morning Chronicle. Mr. Powell was subsequently
sole sub-editor of the Mkrning Chronicle, and editor of the
Evening Chronicle, a three times a week paper. Mr.
Powell's engagement was entered in a minute book. He
was paid seven guineas a week, but witness was not quite
positive as to his having three guineas more for editing the
Evening Chronicle.

Mr. Sergeant Telfourd would admit at once that the
plaintiff's salary was ten guineas a week.
Mr. Henry Quin, examined by Mr. ERIE—Had been
many years connected with the London press, but was
not so at the present moment. Was formerly one of the
reporters of the Morning Post, and 'had acted as sub-
editor of the New Times, besides having conduCted
papers of his own. Had heard the agreement which
had been entered into between the proprietors of the
MorninD Chronicle and Mr. Powell read ' • and, from
his experience of the general course and practice of
the metropolitan press, he should certainly say it was
an annual engagement. Having been a reporter himself,
he could say that Parliamentary reporters had a consi-
derable quantity of spare time, which they could employ in
a literary way, so as considerably to add to their income.
He could not speak for others, but for him Self he Would
say that even during the session of Parliament he, though
acting as a reporter, had not failed in adding to his income
in other literary pursuits. Out of the session of Parlia-
ment he had still more time ; and during the recess he had
been as much as six weeks at a time without seeing the
office. The time of a sub-editor was considerably more oc-
cupied than a reporter, and nis duties continued without
vacation, and in his opinion an engagement as sub-editor at
seven guineas per week was a less lucrative appointment
than that of a reporter at five guineas per week. Was ad-
quaintedwith the plaintiff in this action, and had frequent
opportunities of seeing him while filling the offices of sub-
editor of the Morning Chronicle ; and from those opportu-
nities he had no hesitation in saying that Mr. Powell was
exceedingly diligent in the discharge of his duties.
Mr. James Griffin, examined by Mr. 13Arsics—Is a re-
porter on the Morning Herald on an annual engagement.
Has been twelve years on the press. There are only two
modes of engagements for Parliamentary reporters—either
sessional or annual—and the engagement was always annual
except otherwise specially expressed. Had heard the agree.
merit produced in this cause read, and should decidedly say
it was an annual engagement. Never knew an engagement
for a sub-editor for a shorter period.
Cross-examined by Mr. Bp.:nu/or Concurred with
what had been said by former witnesses, as to reporters
having a great deal of spare time.
Mr. J. Dominick Woods, examined by Mr. CROWDER—
Tina hon., D L

twenty years, between eighteen and nineteen of which fer
the Times, to which journal he was now attached. Witness
confirmed the evidence Of the two preceding witnesses, as
to the a•g:-eNnetit produced in this- cause,' amounting to an'
annual engagement ; •and also that a Parliamentary reporter
had so much spire time on his hands as to enable him to
earn more than double his salary. Had himself been edi-
tor of the Traveller evening newspaper; and for some time
-uh-editor of the Day, and of course knew well the nature
of these offices. It was not necessary for a sub-editor to
be always present in the office. He had observed the
effects of the zeal of Mr. Powell on his advancement to
the office of sub-editor of the Morning Chronicle, and it
was the subject of general observation amongst those con-
nected with the newspaper press, that from that period the
character of the Morning CT/ironic/e had greatly improved
in its general arrangement, and especially as to its country
intelligence:
Mr. John Lee Stephens, examined by Mr. ERLE—Vtrps
and had been for some time past the editor of the Public
Ledger newspaper, and corroborated the other witnesses
as to the fact that, according to the practice and general
course of the metropolitan press, the agreement which had
been read was an annual engagement.
Mr. Charles Roger Dodd, examined by Mr. CROWDER
—Had had nineteen years' connexion with the press, and
was now a reporter on the Times newspaper. He concur-
red with the other witnesses, .that the contract which had
been read amounted to an annual engagement.
Mr. John Scott, examined by Mr. BANKS—Had been
twenty-seven years connected with the daily London press
as a reporter, and was now reporter on the eatablishment
of the ilforning Advertiser. Witness bore testimony to
the manifest improvement of the arrangement, getting-up,
and intelligence, of the ;Mining Chronicto during thope-
riod that Mr. Powell filled the office of sub-editor.
Mr. Charles Dickens and Mr. James Philpotts, both re-
porters on the ilforning Chronicle, corroborated the evi-
dence of the two last witnesses.
Mr. Charles Ross examined by Mr. Crowder--Is a re-
porter on the Morning Herald. Could say that Mr.
Powell was most active and energetic in the discharge of
his duties.
Mr. Richard M. Bousfield—Was a reporter on the Times
newspaper, and bore testimony to the especial zeal and
activity of Mr. Powell in the discharge of his functions as
sub-editor of the Morning Chronicle. Had been engaged
in the conduct of election intelligence in the north of Eng-
land for the journal to which he was attached. Was first
sent down at the general election which followed the passing
of the Reform Bill, and on that occasion the Times had
exclusive intelligence from that quarter.
By Mr. Sergeant l'ALFouan—l believe tke Times esta-
blishment spare no expense for express intelligence, and
that they are celebrated for expressing all matters of public
importance ?
• Witness—They are so ; nd I. presume that you allude
to their expresses of the reports of the celebrated Glasgow
and Edinburgh dinners.
Mr. BANKS—I believe the Times establishment spare
no expense, and always act liberally?
Witness—Most certainly.
Mr. W. H. Watts, examined by Mr. ERLE—IS a re-
porter on the Morning Chronicle, and was the oldest re-
porter on the press attending either House of Parliament.
This witness not only bore testimony to
.the zeal and assi-
duity of the plaintiff in this action, but that he had also
heard the defendant speak in terms of great approbation
of the services and conduct of Powell, as sub-editor.
Mr. Gruneisen, the sub-editor of the liforning Post

Mr. John Anderson, the editor of. the Morning Advertiser,
and Mr. Bittleston, the editor of the Morning Post, were
next called, and prOved that in the business transactions
they had had with the Morning Chronicle while Mr.
Powell was there, the plaintiff always evinced the utmost
ability, zeal, and attention to the interests of that paper.
They also expressed it as their opinion that the engage-
ment contemplated by the contract was annual.
Mr. TaLrounD, on behalf of the defendants, begged to
say that it was by no means his intention to detract in any
way from the merits or ability of Mr. Powell. On the con-
trary, his instructions were to admit that Mr. Powell was a
young gentleman of very considerable talent, although of a
little too excitable a temperament to fit him exactly for the
calm and sober duties which a sub-editor was required to
perform. The duties of a reporter were simple and easily
defined, but the situation of a sub-editor was one of great
trust and responsibility, because it might be said that the
fate of the paper on which he was engaged was in his hands
and he had the power of ruining it irretrievably if he thought
fit, by offending, with the articles which lie insierted, either
the politics or the tastes of those who read it. He could
not help observing that the evidence which had been ad-
duced was merely general ; but, admitting that the engage-
ments of reporters were annual or sessional, did it, there-
fore, folloW that those sub-editors 'must proceed upon the
same principle ? The position of the two parties clearly
showed that the rule applicable in the one case could,have
no relevancyin the other. Mr: Powell had been displaced
because he was incapable of that calm, constant, and sober
discharge of the duties which necessarily devolved on a
h7editor.
Mr. Thomas Gardiner- examined by Mr. HILL—I am
printer of the Morning Chronicle, and was so during the.
last year. • I remember Mr. Powell and Mr, Howarth act-
ing as joint sub-editors. Mr. Powell afterwards became
sole sub-editor of the Morning Chronicle and editor of the
• Evenhq Chronicle. . It was the understanding between
Mr. Black and me that the sub-editor should be at the
office at seven or haltpast seven o'clock in the evening.
Half-past seven was the latest hour I allowed for givinr,
out miscellaneous copy. It is the duty of the sub-
editor to. remain .at the office until sufficient copy to
complete the composition of the paper is given out, and to
him belongs the discretion where more matter is set up than
is necessary of deciding what shall be left out and what At-
tained. It is, therefore, necessary that the sub-editor should
remain until the whole arrangements for the publication of
the paper are completed, or until the, printer says that all
is right. During the recess the hour of his going away
is earlier than during the. session of Parliament. Mr.
Powell at first was very attentive. The presence of the
sub-editor is more important as the time of publication ap-
proaches than earlier ; but for the last five or six months of
his time Mr. Powell's attendance was very irregular. He
frequently (lid
.not conic to the office till half-past nine and
ten o'clock. This was particularly the case on Sunday
nights. Could not say. that the publication was Much de•
layed, but complaints were sometimes made of lateness on
a Monday morning. On those nights he used to appear
excited, or fresh, when he came, as if he had been aboard a
steam-boat, and enjoying himself. B2fbre he gave out any
copy he had to get tea or soda water to bring him round ;
and when he got round he gave out. the copy, and left about
half-past twelve o'clock or so.

Cross-examined by Mr. ERLE—If i o change were ne-
cessary•to be made in the copy given out the sub-editor
was not required after he had given out enough of copy.
Mr. Black resided on the premises, but although I knew
where Mr. Powell was to be found I never sent for him.
Never sent for him, though it could not take two minutes.
Mr. Powell frequently .gave out the whole of the copy on
Sunday nights,before 12, and it often happened that there
there was a difficulty of finding space for Mr. Black's ar-
ticles, which were usually given out at a late hour.. Mat-
ter was commonly given out at an early hour, to be used
in the event of'thedebate in Parliament going off. I was
often desired by Mr. Powell io keep matter back until it
was seen how the debate would run. It was Mr. Mackay's
duty to see to the police reports, and cut them down if
necessary. Mr. Powell was active g
at first, but afterwards
I thought became rather lukewarm. I cannot say he was
all the benefit to the paper. The change that took place
At the time in the politics of the Times I consider did the
Chronick
more good in one day than all the talent in Lon-
don could have done it in seven years.—(Laughter.)
Mr. C. Mackay, examined by Mr, iiiNGHANI—Is junior
or assistant sub-editor of the Morning Chronicle, and was
so daring the time' Mr. Powell was there. Is acquainted
with the duties of sub-editor.''' He ought to be at the office
early in the afternoon, and-the earliest time he should go
away was two or three o'clock. Mr. Powell was not ,punc-
tual in his attendance, and during the last six weeks. be was
very irregular. The result of his non-attendance was, that
the printers were kept waiting for copy. He did not at-
tend more than four hours in the evening, although he
should have attended seven. Heard bath Mr. Black and
Mr. Easthope complain of his absence.
Cross-examined by Mr. ERLE—Could not remember
tYlicu any of those complaints were made. Mr. Black com-
plained frequently that Mr. Powell was not in tile way
when he was wanted. Could :not remember one single oc-
casion, because there were so many. Could not remember
one single event. Had there been only one occasion he
could have remembered it, but being so many lie could not
remember one. Knew where Mr. Powell was. Witness
is not acquainted with the custom of other papers.
Mr. Thomas Fraser examined by Mr. BINGHAM—Is the
sub-editor of the Chronicle now. Assisted Mr. Powell in
editing the Evening Chronicle, and in some other trifling
matters for the Morning Chronicle. The sub-editor should
• , .