The Sun.
London, England, 1841-02-22 00:00:00

your hands, and though I have not troubled you by
laving the whole Report read, yet you must consider it
as read. I might have troubled you by causing the
offieer of the Court to road from beginning t r eed the
whole of these five columns and a half, in one portion
of which, the middle of the third column, is found this
objectionable passage ; not, as I have already shown,
printed in any particular way, not marked in italics,
or in larger characters., or distinguished from
the rest in the slightest degree ; and not charge-
able as a misrepresentation of what had taken
place, or as not giving insertion to the answer
of Mr. Richards. Notwithst lading these circumstances,
Mr. Richards hag thought proper, or his attorney, to
commence two actions. Now, gentlemen, I should like
to know what possible advantage is to be gained by Mr.
Richards by instituting these proceedings against Mr.
Young, the proprietor of The Sun newspaper. Mr.
Richards was present at that meeting ; he probably
knew most of the persons there present ; he bad the
means in his power of proving the langu ige used by Mr.
Liggins, aad whi-11 language would most ucquestioaably
be slanderous, and on which he would be entitled to
maintain an action. If his object, therefore, had been
the vindication of his character, he would have had no-
thing to do but to proceed against Mr. Liggins. Mr.
Liggins might then have put any justification on the re-
cord, and the real parties in dispute would have been at
issue with each other. Mr. Richards night have justi-
fied his character by falsifying the declaration, or Mr.
Liggins might. have been able to satisfy the Jury that
he was correct in the statement he had mad... What.
possible object then could there be in commeileing this
action against Mr. Young bet to hernias and oppress
him, and to put costs into the pocket of Mr. Lowless
the attorney ? My Learned Friend says the letter written
by Mr. Lowless to Mr. Young was not answered. Why
should it ? What was that loiter ? A letter informing
Mr. Young that it bad been determined upon to corn-
nicnce proceedings against Line and re questing to
know the name of his attorney, that the writ
might be sent to him. Teat is the whole let-
ter ; a word and a bloc'. It is not, geatlemer, a letter
written to invite any compromise or arrang,emena It
does net sly, see shall be obliged to inst:tute proceed-
ings against you, utile 13 you make a suitable apology,
or do certain things satisfactory to Mr. Richards ; but
we are instructed to commence an action against you,
and vie wish to know the name of your solicitor, in
order that we may send the process to him. The ac-
tion had been resolved unon, and was not to be pre-
vented by anything Mr. Young might be able to do.
Was lie then to call on them, that they might serve
him with the writ, or to assist them otherwise in bring
icg their action ? He could not. It is difiicult- to know
what answer could his given. Well, a writ is issued
out, and then Mr. Youuig goer, and what does lie do?
G. nile.nen, I ask you, and I am entitled to your fa-
vourable answer—what more could Mr. Young do
than he offered to do for the vindication of Mr.
Xcherile's cliara- ter ? Gentlerree, be went for the pur-
pore of making every reparation in his power, but whet
did they ask him to do ? T.) assist them in proving
t: eir ease against the Directors, and then the action
should be discontieued against hint. Gentlemen,
you may take it for grained that the applica•i.7n
made to send a reporter was an application
made by Mr. Liggins, the Ca airreal of the
Compeny. What possible object, thee, can be gained
by Mr. Richards, by bringing this action ? He knew
that fie Chairman authorised the reporter, and there-
fore that it was an authorised report. An action hes
bi ea already commenced against Mr. Liggins. All in-
form:it:me fixes Mr. Liggins with ti:e slander. He is
not orevente I from cornineecing proceedings arainat
Mr. Liggins for wart of proof, with which Mr. Young
could furnish bim, because he has the means in his
power of proving the slander, and of establishing his
case against him. Now, what does Mr. Young offer
to do ? Mr. Young does not offer to do that which is
impossible or unnecessary. Mr. Young did not say, I
will give you the name of Mr. Liggins, which would
have been a mockery, because they have his name al-
ready, but Mr. Young said this, " I will publish any-
thing you think proper." Mr. Richards might. if he
had pleased, have insisted that Mr. Young should hare
inserted an apology in his newspaper for the report,
and no doubt Mr. Young would have done so. He
would have expressed his sorrow, as he does upon this
cceaslor, that the report had found its way into the
cclumns of his newspaper. It has, I can assure you,
gentlemen, lecn a subject of great uneasiness, and
anxiety, and expense to him. Mr. Young does not
know whether the report is true or not,
and lie gave a carte blanche t.) the opposite
pat ty to insert anything they thought proper, and they
might have had, if they pleased, a complete viadica-
tion of the character of Mr. Richards as far as toe
editor of this newspaper was concerned. Gentlemen,
beer this in mind, I Leg of you, that there is a
great difference betweea the action between Mr.
Liggins and the plaintiff and that between Mr. Young
and the plaintiff. Mr. Liggins stands in a very differ-
ent situation to Mr. Young ; the latter is a stranger to
all the parties ; he had no ill-will to gratify ; Le has
expressed his sorrow for what has been done, but this
don't seem to satisfy the paqies, and they am deter-
mined to go on against Mr. Young, and then it is male
a charge against that gentleman that he has put in a
plea justifying the libel in the terms in which it ap-
peared in his newspaper. Now that plea, but for my
Learned Friend the Attorney-General, woul 1 have
been utterly unknown to you, Gentlemen, or to any
person in Court ; but my Learr.e 1 Friend thinks it
proper to drag it before you, in order to show you
whet his instructions were. Now, he intended to
have met it by proving as true the stigmatising of this
Company, a Company which, I firmly believe, has the
most beneficial objects in view. Mr. Young, finding
tl at he was the party to be assail, d, had
no doubt, the assertion having been made at
a public meeting, teat it was true, and such being
his opinion he thought it right, and those Who
advise] Mr Young, that it was proper to pl ice the plea
upon the record. I am hero expressing these senti-
ire As which Mr. Young has invariably felt on this sub-
jec t. Mr. Young knows nothing of Mr. Richarde, and
Le tLe-etore can Lear hirn no ill-will. Mr. Young will
have had to bear the whole pecdty of his misfortane in
inserting this report, for Le has had to bear all the costs
of tlis unnecessary proceeding. Oa the pant of Mr.
Young, I have nothing more to do than to explain the
circumst trees under which this publication was inserted
in order to satisfy sou, Go:Ali-pee, that there was no
intentionel malignity on his part, or any desire to injure
Me. Richards. The whole was done for the purpose of
wising information to the public. Mr. Young, I think,
hes a rigl t to coniel sin of bong ill-treated, for even to
the last —even a' this the twelfth hour—when your
verdict must he pronounce) against him, he is ready to
gee every separation to Mr. Ricbards ; he had never
any tic sire to injure that gentleman. ; his only desire
was to keep up the respectability of his own paper, and
le does submi . to you through ire thi.t Mr. Richards
has an ample oppottanity of vindicating his character in
his action against Mr. Liggins, because in that action

-
he will be eititicd to show his connection with the

Company, and to establish his position, if it be
a true ore, that this is a bubble Company, and not as
I tra.ntain a fair and honest Company established for a
most bet'eticiJ and !egitimate object. It does appear
to me that Mr. Richards is acting, to say the least of
it, a most vindictive part, when he procee Is against the
propr.et sr or a newspaper who could have no wish to
upheld a f:aad, when he has the means, through another
action. which he has brought, of preserving himself
from tile mutations which he says have been cast upon
him. Ueder these circumstances, Ido trust, when you
ree, lle t the consequence, it must entail of heavy costs
on Mr. Young, and when they might have stopped at
an collier period—namely, when the writ issued, I do
trust that you w)li not sanction such proceedings, by
any thing more tie nominal damages. I must again
say, -
that these has been no attempt to impeach the
character of Mr. Richards, and as Mr. Richards
might have got oli he wished to get, if he is a reasona-
hi.; man, a 3 I suppose he is, at small expense, it does
app-ar to me, th,.t you will best discharge your duties
by doing for Mr. Richards thtst which he ought to have
dorm for himself orig;sally—namely, putting a . stop to
by givtng Mr.
there proceedings sgdost Mr. Young,

Richards only a small measure of damages.
Lord DENMAN shortly summed up, and
The Jury &t Jr a short consultation, ieturned a ver-
dict for the plaintiff—Damages 50/.

FRANCIS V. HUTCHINSON.
Mr. PLATT stated the case for the plaintiff. It was one of
very considerable importance, becau•e in the present, instance,
there being a dispute between master and mariner, the former
had resorted to corporal punishment and imprisonment. Be
admitted the importance and necessity of subordination and
discipline on board ship, but the utmost caution shou!d be
used test the man who acted himself as judge and executioner
should abuse the authority vested in him, and permit it to de-
genertee into tyranny and oppression. The defendant was
master of the ship Greyhound, and the plaintiff was articled to
him as boatswain for a voyage to the East Indies and back.
Nothing occurred on the voyage out, but on their return
home they put in at Aleppo, on the coast of Malabar,
to take in a quantity of pepper, on the 13th of March last.
The Learned Counsel then detailed the circumstances of the
assault which was committed on the plaintiff by the defendant,
as it afterwards appeared in evidence. It was only the verdict
of a Jury that could put down such barbarity and petty tyranny
as was sometimes exercised on board merchant ships. The
voyage was completed in September, 18-10, and ilie plaintiff was
discharged.
His wages were withheld unless he would make
an apology for what was termed his mutinous conduct, and the
unfortunate man was compelled to come into Court to seek re-
dress for the injury inflicted upon him, and also bring an action
to recover the wages which had been withheld from him.
The evidence of Nicholas Jibon, a mariner, which had been
taken before a Master, was then read. With reference to the
assault the witness deposed, that when the last boat load of
pepper came alongside, Francis, who was in the hold, sung
out, " Keep them on deck till we make room for them.'
The Captain, who was on deck, called out, " There is
plenty of room for them." Francis said, " If you striek
them down, you must send more hands to help to stow
them away." The Captain then jumped down the main hatch- ,
way to the 'tween decks, and collared Francis, and gave him a
violent blow. The Captain asked who ordered him to come up
there, and Francis said " You did." The Captain said
" You lie, you d--d blackguard." They both then came
down by the run into the hold, and the Captain sung out for
help, and a lot of the black fellows (Lascars) came down and COI-
Jared Francis. The Captain said Seize him up, and he was
brought on deck. I remained in the hold, and heard lashes. j
When Francis came down his eyes were "bunged up"— his