The Sun.
London, England, 1838-04-23 00:00:00

QUEEN'S BENCH.-(THIS DAY.)

LIBF.L—MERRICK V. BARLEY, ESQ., M.P.
Mr. Sergeant LUDLOW was instructed on behalf of the
plaintiff in this case to move for a rule to show cause why the
verdict for the plaintiff should not be set aside and a new trial
had. It was an action for libel brought by Mr. Merrick, a re-
spectable medical practitioner, carrying on business in Here-
fordshire, in which place he had been appointed by the sanc-
tion of three monthly contracts to attend the poor of a con-
siderable Union, against Mr. Wakley, for a publication in the
Lancet, of which be is the editor and proprietor, reflecting
upon the plaintiff's character. The action was tried before
Mr. Baron Alderson at the last Hereford Assizes, and a ver-
dict was had for the plaintiff, with one farthing damages. He
was aware that he could not ask their Lordships to consent to
the application on the ground of the smallness of the damages;
but unfortunately from what had taken place at the trial, and
subsequently, it was absolutely necessary, he might say,
to the existence of the party whom he represented, to
make the present application. The principal ground upon
which he moved was that the verdict had been against
the fair result of the evidence ; and when their Lord-
ships were aware that evidence had been called upon
both sides, they would feel the difficulty in which he was
placed, more especially as the Learned Judge before whom the
case was tried had certified on the record, from which it
might be presumed that he was satisfied with the finding of
the Jury. On Saturday last another article, which was likely
seriously to injure the plaintiff's character as a medical prac-
titioner, had appeared in the Lancet, which stated further that
Mr. Baron Alderson having certified, therefore depriving the
plaintiff of his costs, they (the Editor) wished him joy of the
farthing damages he had obtained, as he would be required
to pay 1501. to the sapient laver who had advised the prose-
cution.

Lord DENSIAN—Do you bring this before us on affidavits?
Mr. Sergeant LUDLOW—No, my Lord.
Lord DENMAN—And is it true that Baron Alderson has
certified?

Mr. Sergeant LUDLOW—Yes, my Lord, and I thought it
right to mention the fact to your Lordships. The Learned
Counsel here proceeded to read the libel, which was published
in the Lanc't of the 18th of November, and was headed
Effects of the Medical Contract system—a case of Strangu-
lated Hernia left to nature," and then went on to juatify the
treatment the plaintiff had resorted to, as had been proved by
the w itnesses.
Lord DENMAN thought it would be very difficult to interfere
if there had been nothing objectionable in the evidence ten.
dered at the trial. If anything material had been admitted
which might have lowered the verdict, the Court was bound
to hear the arguments of Counsel upon that point.
Mr. Sergeant LunLow said there were two pieces of evi-
dence omitted which he thought would materially affect the
case of his client, and which a new trial would afford him an
opportunity of bringing before the Jury.
After some further argument,
The Comr said they would consult the Learned Judge who
had tried the case, and mention the matter at a future day.
Judgment deferred.