The Sun.
London, England, 1847-01-05 00:00:00

LAW OF LIBEL.

Few of our readers probably remember the trial of
an action for libel under the name of " Houldsworth, v.
Gibson," which took place about three weeks ago. A.
full report of it appeared in our paper of the 9th of De-
cember, to which we refer those who may wish to re-
fresh their memories on the subject. It was a case pe-
culiarly illustrative of the benefits of Lord Campbell's
amendment of the law, which enables defendants to plead
the truth of their alleged defamations. The libellous
matter was contained in an article published in the Ply-
mouth and Devonport Weekly Journal, and alleged that
certain persons, who had once been members of the
Royal Western Yacht Club, had been expelled that asso-
ciation on the ground of their being blacklegs. It set
forth the proceedings taken by the club previous to the
expulsion, and, commenting upon them, made some se-
vere, but by no means extravagant, remarks upon the
character and conduct of the offending members. Of
these remarks the plaintiff in the present case, who is
one of the ostracized, complained, and with great
appearance of honesty, put his case before the
constitutional tribunal,—a jury of his peers. The
newspaper proprietors justified themselves under the
new law, and rested their defence upon the truth of their
assertions. They traced the career of their opponent
and his confederates back for several years, and found
them in various parts of the continent, and also nearer
home, practising a system of what appeared to be
fraudulent gambling and disgraceful knavery. To prove
these facts at the trial, they were compelled to bring
witnesses from a considerable distance at a great ex-
pense ; and we are informed that their disbursements
for this and other necessary purposes do not in the
whole fall much short of 2,0001. Their labour, however,
was not in vain. The jury took the same view of the
case as the Royal Western Yacht Club and the Plymouth
and Devonport Weekly Journal, and declared, in sub-
stance, that the alleged libel was not a defamation, but a
correct description of the plaintiff and his friends. In
other words, their verdict was generally for the defend-
ants. The law, as everybody knows, gives costs to the
successful suitor, whether plaintiff or defendant, for the
double purpose of encouraging the prosecution of honest
demands and of preventing attempts at extortion. The
payment of costs, in principle, may be considered in the
light of a fine imposed upon persons who attempt
to avail -themselves of the power of the law to
unworthy ends. It is a fine, too, which can be
enforced by seizureh of goods, and, in default of these,
by imprisonment. So far may justice be satisfied. But
whilst the abstract idea is thus fully carried out, the
persons in whom it is developed too often receive but a
very imperfect satisfaction. They are invested with a
right to be reimbursed their expenses incurred against
their will, and in consequence of proceedings to which
the event has proved them not to be amenable ; but the
mere right is sometimes their only compensation. Even
the law cannot squetae blood out of a stone, nor make a
man pay money that has not got it. A. man of straw, in
hatred and malice, or with a knavish design, or, as in the
case before us, with a desperate attempt to patch up a
broken reputation, may sue any respectable person. He
hardly hopes to get a verdict, and rests contented with the
reflection that he cannot be much the worse for failure,
having nothing to lose ; on the other hand, he may win.
But the defendant in any event, is sure to suffer. If the
verdict passes against him, he has to pay damages and
costs to ; if for him, be escapes only the former, for as
to the latter, there is none but he who can pay. In this
predicament precisely stand the proprietors of the Ply•
mouth newspaper in "Houldsworth a. Gibson." The plain-
tiff is a person, as we are informed, quite unable to pay so
large a sum as 2,0001.; and, if we are to judge from his
manner of life, as disclosed on the trial, he is not very
likely to realise it speedily by professional gains. Thus,
in fact, though not in theory, the whole expense
falls -on the innocent party, contrary to justice, and
directly against the intention of the law. Such a result
is extremely inconvenient, even in a public point of view.
There is no duty of a public journal at once so delicate
and so dangerous as that of exposing fraud or miscon-
duct in individuals. We do not fear the accusation of
partiality or undue regard to self-interest, when we say
that the calm unflinching discharge of this duty is most
essential to the well-being of society, and ought to be
upheld and strengthened by all possible means. It
seldom happens now, whatever may have keen done in
former days, that a wilful or malicious libel appears in a
np ue
vbel i p
re
morrien tof
than
any reputation.instances
gTehnee
e.worst
But
casesexa a
m pl
er es
tarrae tenumerousdthrotigh otfhediasgheonneeystoyf
ndeetwescptesdpearsn.d v7,llhlaenypufbrluies:
we know, can express its gratitude in a fitting manner
when once convinced that there is good occasion for it.
It seems to us that a good occasion is always apparent
in every case of fraud exposed. Here the Plymouth
Journal has been the means of showing up a party of
blacklegs (for such the verdict of a jury has pronounced
them to be) who had insinuated themselves into good
society, and who might have done more extensive mis-
chief but for the exposure. The people of Plymouth
and its neighbourhood are, without question, indebted
to them. Yet, for all return, they are mulct in a
sum of 2,000/, and have only the beggar's satisfaction
of being honest men. Surely this is a hard case.—
Times.

RACES TO COME.
The following list of the fixtures already made for the
next soaeoe, will be useful to •those stewards who have
not dews:rained on the time of holding their meetings:—

3wAiton.
Coventry
Warwick Spring

APRIL.
Newmarket C. 5 1 Newmarket, F. S.
Bath
Catterick
Epsom S.
'MAY.
4 I Epsom
5 I Newton
I UNE.
Ascot Heath 1 I Stockbridge
Hampton
Bibury Club
JULY.
6 I Goodwood

.... 23
... 27

Newmarket, S. S
Shrewsbury

Newmarket
Liverpool

AUG'

Brighton , 4
Horwich
Wolverhampton
*Chelmsford
Lewes ll
York

UST.
'Egham
Derby
*Hereford ....
*Huntingdon
*Canterbury

SEPTE:

Warwick ...............
DoncaFtcr ...............

Newmarket, S. 0........ 11
CThe meetings against
tertsk have not been otficiall
bability will take place at th

MRER.
*Lincoln
Newmarket, F. O.
MIER.
I Newmarket, H 25
vhich we have placed an as-
y announced, but in all Fro-
e time mentioned.]

ZETLAND.— STATE OF THE POOR.—In a strong
article on the subject, the John O'Groat Journal says—
" Every island, from the potato blight and the deeply
depressed condition of the herring market, is more
or less threatened with immediate starvation, many
of the inhabitants being reduced to a quantity and
l• •
quality of food barely sufficient to keep in
a lingering
existence. The sea is inaccessible, from the continued
stormy weather, and, constquently, no means exist
wherewith to pass over the yet to come rigorous months
of winter." A correspondent says that very few of the
workmen average ss. a-week throughcut the year. How
ouch a wage can support a family he does not know.
Potatoes are not to be had ; and the 41b. loaf sells at
Sktf. and 9kd. Thefts of food and grain are on the in-
crease. Mr. Scott, of Melby, has allowed his tenants a
reduction of ten per cent. on their rents.
GRATUITOUS PUBLIC EXHIBITIONS .—At this holi-
day season it may be interesting to visitors to the me-
tropolis to know that the following exhibitions may be
inspected gratuitously:—The British Museum, Great
Russell- street. The National Gallery, Charing-cross.
The Museum of the Royal College of Surgeons, Lincoln's
Inn-fields ; Monday, Wednesday, and Friday ; any
qualified surgeon can write an order for admission. The
East India!House Museum, Leadenhall-street ; Saturday,
to the public, from 11 to 3. The Soane Museum,
Lincoln's Inn-fields ; on application for a ticket. The
Society of Arts,
Adelphi ; any day except Wednesday,
upon application. London Missionary Museum, Bloom-
field-street, illoorfields ; a collection of curiosities, the
results of missionary enterprise brought from all parts of
the globe ; Saturday, Tuesday, and Thursday. United
Service Museum, Middle Scotland-yard ; daily, by a
Member's order. Entomological Society's Museum, Old
Bond-street ; any Tuesday, from 3 to 8 o'clock. Mu-
seum of Economic Geology, Craig's-court, Charing-
cross ; daily.
AFFECTING FAREWELL BETWEEN THE BISHOP OF
SODoR AND MAN AND HIS DIOCESE.—Bishop Short has
been translated to the see of St. Asaph, and if there be
any truth in the subjoined, it is a fortunate event both for
his flock and himself. On Saturday last (says the
Liverpool Mercury): the High Bailiff of Douglas called a
public meeting of the inhabitants of that town for the
purpose of " voting an address" to the bishop on his re-
tiring from the Isle of Man. At the hour appointed a
considerable number of persons had assembled at the
Court-house ; the High Bailiff took the chair, read an
address, which he said he had prepared, and without
ever putting it to the vote, or offering or receiving any
resolution for its adoption or rejection, called upon those
present to sign it. About thirty persons having signed,
Mr. Fargher objected to the address going forth as the
act of a public meeting of the inhabitants of Douglas,
unless it were put to the vote. The High Bailiff denied
that the meeting was called for any other purpose than
to sign the address, and upon Mr. Fargher attempting
to argue the matter, ordered the court to be cleared by
the public officer. This being done, the parties so un-
ceremoniously ejected assembled outside, and carried
unanimously a resolution declining to vote an address to
Bishop Short. The reasons given were, that the Bishop
had always identified himself with the opponents of a
parochial'sl a
representative Government; that in ecclesiastical ap-
pointments he, had appointed young men ignorant of the
Manx language as pastors, passing. oxer Manx clergy-
men who had been curates for many years; that he had
failed to exert himself for the restoration of Bishop
B and;thathe use—popularhati
pa
charity
education
throughoutto thei r
the
island; designed
l
originated the late Marriage and Registry Bill, which
was offensive to a great portion of the community; that
in one of hi • s late publishedcharges he
expressed the
belief that the instructions of Dissenters bto Sabbathschoolchildren wer© seeding
and these innocents yt h
ou-
sands to destruction; that he had refused to ordain
the son of the late vicar of Braddan
THE MEMORY OF Tllo
As ° m CLARKSON. The
coloured citizens of Cincinnatti •
held a public meeting
on and passed resoluti •
ons eulogistic of the
late Thomas Clarkson, and his They
regretting death.also resolved to wear mourning for thirty days, and re-
-.onamended pastors of their churches to deliver dis-
urses appropriate to the occasion.