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

Mr. THESIGER—Not distinctly ? Why, was it not
proposed that the proceedings in both actions should be
dropped, if Mr. Richards's shares were. purchased at 101.
discount ; and was there not a split about the money that
was to be paid ?•-Not distinctly. There had been
disputes between Mr. Richards and the Company, and
I had endeavourel, by all in my power, to bring them
to an end.
Then bad some proceedings taken place between
Mr. Richards and the secretary P—Mr. Bartrum called
upon me and said that all had been settled ; I showed
him a letter from the secretary.
Mr. THESIGER—Now, don't talk about the secre-
tary, Sir ; we have nothing to do with the secretary.
I ask you, was it not distinctly agreed to settle these
actions, on condition that Mr. Liggins, or some person
on behalf of the Company, should purchase. Mr. Rich-
ards's shares at 101. discount P—Certainly not. It was
stated that if the disputes could be arranged, the ac-
tions should be settled on proper apologies being made,
and the costs paid as between solicitor and client.
The ATTORNEY-GENERAL—Was not all this stated
to Mr. Bartrum distinctly to be without prejudice?
—Yes.

Mr. THESIGER—Do you mean to swear that the
negotiations between yourself and Mr. Bartrum were
stated to be without prejudice ?—Distinctly so ; I have
one letter from the secretary stating so.
Mr. THESIGER—Now, really, Sir, we cannot hear
anything about the secretary. Will you swear, that,
between yourself and Mr. Bartrum, it was ever stated
that what was proposed was without prejudice ?
Certainly.
Was it stated when you met ?—lt was so stated.

Verbally ?--Verbally.
Do you know anything about the docks yourself ?
No. I have been at Southampton, but not to the docks.
Have any actions been brought against Mr. Richards
by the Company ?—Several.
How many ?—Four or five for calls.
Has he paid them up P—They are all paid now.
Were the actions defended?—Since I have been
concerned for him I have defended none. I have car-
ried them up to a certain point and then ceased.
Mr. THESIGER.—Ay ! Made a show of fight and
then, when it came to the point, gave in.
The witness was here about to retire, when he was
prevented by Mr. Thesiger, who asked,
Did not Mr. Young at the meeting you had with him
at your office, offer to insert an apology in his news-
paper?—He said he would insert anything I pleased,
but I said that would not suit our purpose.
Lord DENMAN.— You wished to be supplied with
information ?—Yes.
The ATTORNEY-GENERAL—TO supply you with

means of proving it against the proper parties ?—Our
object was to make the parties prove what they had as-
serted.
That ho should give you the means of proving ?
Certainly.
The ATTORNEY-GENERAL.—And as the negotiation
was without prejudice I can't go into that.
This closed the case for the plaintiff.
Mr. THESIGER, then addressed the Jury for the de-
fendant. May it please your Lordship—Gentlemen of
the Jury.-1 think the last answer, or nearly so, will
satisfy you that this action ought never to have been
commenced against Mr. Young, the proprietor of The
Sun newspaper, because it has now been proved, that
it i 3 not in the slightest degree necessary for the vindi-
cation of the character of Mr. Richards, the plaintiff.
Every atonement that could possibly be made was of-
fered by my client, but yet it appears, that the plaintiff
chooses to persevere in these proceedings against him,
when it was perfectiy clear that he will have an oppor-
tunity of having the whole matter fairly contested in
the action which he has brought against Mr. Liggins,

the Chairman of the Southampton Dock Company,
which is now pending is this Court. lam anxious to
show you, gentlemen, that in the whole of this
transaction there has been nothing to reflect upon
the character or conduct of Mr. Young, the
respectable proprietor of The Sun newspaper. My
',carried Friend, the Attorney-General, in his ad-
dress to you, would not cast any blame upon
The Sun, but he did not dare to praise it. He

would not dare to give it that character for respect-

ability which he knows it deserves, because he well
knows it would not tend to make out the case he
wishes to make before you. I Lelieve it has very
rarely happened indeed that Mr. Young has been guilty
of any conduct, or put under such circumstances as to
ccmpel him to appear before a Jury—very rarely indeed.
FL is extremely anxious to avoid, in his newspaper, all
matter at all reflecting upon individuals. He beliores
that his duty as a Journalist, confines him to matters
of public importance ; and in the diligent discharge of
that duty, he has unfortunately fallen into the error
which compels him to appear before you to-day.
With respect to the claim for damages, my Learned
Friend the Attorney-General has endavoured to show
a mercenary motive on the part of Mr. Young. Now,
gentlemen, what does the whole of that amount to ?
1 was indeed surprised to hear what fell from my
Learned Friend—l was surprised to hear the observa-
tions he was instructed to make in regard to that most
mportant national undertaking, the establishment of
large and commodious docks at the port of South-
ampton. He has endeavoured to make you believe
that it has been undertaken for the mere purpose of
speculation, that it has been undertaken by persons of
no character, and, in fact, to use a term of my Learned
Friend's, that it is a bubble Company from beginning

to end. Now let me observe to you that my Learned
Friend merely insinuated all that, and that he offered
mo• proof of it whatever, and I defy him to do so.
He says so, he is so instructed, but I am
bold enough to say that it is a most important
undertaking, ene which will be attended with the
greatest national advantages, and it is one which I hope
will soon be carried out to its fulfilment, and that the
adventurers who have joined it, I have no hesitation in
saying, with a view to their own interest, but I will
also say with a view to the public advantage, or they
would never have obtained the sanction of the Legis-
lature to their Bill, will,be rewarded. Well, this being
a great national undertaking, everything connected with
it, of course, was of great public importance, and as
there was to be a meeting of the Proprietors f shares,
at which the Report of the engineer was to be read,
and as it was expected, to be post numerously attended,
and it being thou; ht to be for the advantage of the
undertaking that the public in general should under-
stand how the affairs of a work of such public importance
were going on, a request was sent to my respectable
client, Mr. Young ; of course that request being made
by the Directors, that he would send a reporter to the
meeting. Now, gentlemen, could it possibly have been
anticipated that at that meeting there would have been
any charge made against Mr. Richards, the plaintiff, by
Mr. Liggins ; that there would have been any attempt
at disorder made by him, such as to make it the duty of
the Chairman to call him to order ? Does anything ap-
pear but a fair and honest desire that all the matters
and concerns of the Company—the more especially as.
the Report of the engineer was to be considered—
should be laid before the public, in order that they
should form their own idea of what prospect there was
of the ultimate success of the vast undertaking ? Ac-
cordingly the Directors make the request, and a re-
p orter is sent to the meeting by Mr. Young. Now,
gentlemen, look at the way in which the proceedings of
this meeting are sent forth to the world. It begins—