The Sun.
London, England, 1846-12-08 00:00:00

PAPER LIBEL.

This was an action brought by Dr. Holdsworth, re-
siding at Plymouth, to recover from the proprietors of
the Plymouth Journal damages for an alleged libel,
which appeared in that paper on the 12th of February
last, arising out of certain proceedings of the Royal
Western Yacht Club. The damages were laid at 5,0001.
Sir F. Thesiger, Mr. Sergeant Channel, and Mr.
Smith were for the plaintiff ; Mr. Cockburn, Mr. Green-
wood, and Mr. Hoggins were for the defendants.
The defendants pleaded not guilty, and also that the
charges put forth in the alleged libel were true.
Sir F. THESIGER opened the case on behalf of the
plaintiff. The action, he said, was brought against the
proprietors of the newspaper in question after the most
careful anxiety and consideration. Unless he had done
so, he could not have again held up his head in society.
In order to meet the charge the defendant, not content
with denying the libel, had declared on the record that
the charge was true. With regard to the plaintiff, the
consequences of the trial were most important. If the
verdict goes for the defendant the consequences to the
plaintiff would be most disastrous ; whereas, should it
go for the plaintiff, it would be but little reparation for
the injury done, while the defendant in that case would,
in all likelihood, not sell a single newspaper the less.
The plaintiff in the action is a physician, a married man
with eight children, who, in 1845, established
himself in practice at Plymouth, and, up to the
time of the unfortunate circumstance which led to the
present action, had been much respected. Shortly after
settling in that town he get elected into the Royal
Yacht Club. In the month of February, in the present
year, some circumstances arose in connexion with that
club which led to the calling together of a general
meeting of its members. A discussion took place, and
the result was the blackballing of the plaintiff and
another member. This was a matter unfor-
tunate enough in itself, but the matter did
not rest here. In a few days there appeared in
the newspaper in: question an article reflecting
in the strongest manner on the character of the plaintiff
The public, it was said, liked strong meat in newspapers,
and this, no doubt, was the cause of the article in ques-
tion being penned and published. That article was so
gross and libellous that no course remained to the
plaintiff, unless he would allow his character to be for
ever blasted, but to bring this action. In order to put
the jury in possession of the libel at the earliest possible
period, he would read it. (The Learned Gentleman then
read the alleged libel from the Plyniouth Journal of
Feb. 12 :
" ROYAL WESTERN YACHT CLUB.
"COURT OF HONOUR.
" EXPULSION OF TWO BLACKLEGS.

"For some time past circumstances of suspicion had attached to
two members of this club, owing to two gentlemen having been
plucked at the residence of one of the suspected members in a manner
that seemed to indicate foul play. One of the party was fleeced to
the amount of 1,0701. in one evening at cards, and the other gentle-
man lost about 200(. In the case of the first gentleman that we have
alluded to the parties were betting on the turn-up card, and his op-
ponents managed to turn up a king nine times running. All these
circumstances led to suspicion—that suspicion led to inquiry—and
the inquiry has resulted in the expulsion of the two suspected per-
sons, and of one of them suddenly leaving the town.
" A short time ago a person known to be a confidante of the ex-
pelled parties sought admission int* the club. Ills name was O'Brien.
He gave a crack entertainment a few days before he was to be
elected, as he thoaght, and his party was graced by almost all the
rank and fashion of the neighbourhood. lie was going to make his
entree into the club in grand style. Two or three days afterwards he
stood the ballot, and was blackballed I The next morning he bolted,
and some of the poor tradesmen had to lament the character of his
fashionable entertainment, and the great desire be had for display.
" The talk and excitement that this blackballing occasioned was
very great. Other gentlemen wins stood the ballot about the same
time trembled lest the same fate might await them, especially as
one black ball in seven excludes any who may seek admission. Sub-
sequent events prove that the course thus adopted with regard to Mr.
O'Brien was a very judicious and wise one.
" The events that we have described led to an inquiry into the
character of a Mr. M—, who lived near the club, and into that of
Dr. ll—. Both those persons were citizens of the world ; we can-
not learn whence they Game or whither they are going. On the 29th
ult. the secretary of the club, Walter Lormer, Esq., by order of the
committee, issued a circular, summoning a special general meeting
of the members on Thursday, the sth inst., at noon, when informa-
tion forwarded to the committee from Tours, relative to the conduct
of two members of the club, would be laid before them. The
members of the club generally knew what the object of the
meeting was, and Jherefore on Thursday last there was an ex-
ceedingly large attendance, there being nearly eighty members
present. W. H. Hanker, Esq., was voted into the chair. Pre-
viously to reading the report of the committee, and the
documents mentioned therein, Mr. John Beer, of Devonport, rose
to inform the meeting that he had been consulted professionally, and

that he attended th; meeting as the professional-aciviser of the two
persons implicated. It was then put to the meeting, whether a pro.
fessional man could appear there, and it was negatived unanimously
and decidedly.
_ . _

" The history of their movements, as detailed to the meeting from
sources beyond all doubt, was this—They were said to hare been
connected in a notorious gambling transaction with Mr. Connelty at
Tours--that of marking cards—in which a French officer was made
to suffer most severely. Mr. Connolty was tried at Tours, and then
he removed the trial to a higher court at Blois, and again into a
higher court at Orleans, and had decisiong against him in all cases,
and he was for the offence imprisoned two years. There was then a
charge ,against them of malpractices in play at . Guernsey, where
they were ejected from the Civil and United Service Club—all of
which, will be more amply detailed in the letter of which we shall
give a copy presently. Thus the eircumstances that have occurred,
which were not in the club, but by means of their connexion with it,
were also stated.
" When these circumstances were known Mr. Bonner sent a
letter to them, suggesting the propriety of their withdrawing. They
replied to this by requesting to know what charges there were
against them. The secretary sent a copy of the charges, to which
they ma 'e no reply.
" On the meeting deciding that they would not hear a professional
man, Mr. Beer and their proposer sent for them. The club waited
for one hour and a half in order that they might offer any defence
that they felt necessary. They, however, made no appearance, and
sent back no answer, though one of them was seen from the window
Of the room walking about.
" The letter received by the secretary from Guernsey, in answer to
inquires was as follows :
'The affair that took place in this island, with reference,to these
two black-legs, was this :—They had got themselves introduced Into
a club lately-formed, called The Civil and United Service. Several
strange occurrences had taken place in and out of this club, Large
sums of money were lost. Suspicion was afloat. They quitted and
went to Baden. Something drove them out of that place, and they
returned here. M-- came back first, and wished to re enter the
club, but he was blackballed, and M--, out of this occur-
rence, assaulted a highly respectable gentleman, for which
he was sent to gaol for a fortnight. Shortly after this,
a person from Paris came here to arrest him, and he
stowed himself away in his house, which overhung the sea, and
whi
u theiethepioaslict wew•ekrenowof him.
watchingh
outside he let himself into a boat, and
that
" Yon are in the right direction—Tours You may go to Ireland
Sawlsoin—dliipngperairi3o-,ml
atdheinka
bolt, and
similar way that he did oat of this place.
asandbgrootugohutt
obfefolrreelatthide
iCnouartsotmliterwehfoat
r
" I hope that my friends at Plymouth have not been fleeced.
" ' Mr. Lormer—You have been asleep at your post.
" • Had I had the least supicion that these chaps would have had the
impudence to introduce themselves at your club, I should have felt
it a duty that I owed to have gone to Plymouth at my own cost to
have put you on your guard.'
" The letter and evidence having been read, and the members
having walled till endurance could wait no longer, the meeting pro-
ceeded to ballot under the 11th rule, which provided that, In case
any circumstances should occur injurious to the welfare and charac-
ter of the club, the committee shall call a general meeting, giving
seven days notice, and in the event of two-thirds of the members
present voting (by ballot) that the name of any member shall be
removed from the list, the subscription of that member for tee cur-
rent year shall be returned, and he shall cease to be a member.' The
result of the ballot was a most awful affair. At the time of the vote
being taken a number of gentlemen had left, the proceedings having
lasted three hours:—

For Dr. H-
Mr. M

2 ; against 50

" Mr. M— has since lett the town, but the Doctor remains.
"We think the inhabitants are under the greatest obligations to
1 the members of the committee and to the club generally, for the
prompt and determined manner in which they obtained evidence
respecting these men, and acted upon it. They had introduced
themselves into the society of every respectable stranger who visited
the town, with what intentions we leave our readers to determine
The clue is not likely to be impaired through having had two or
three black sheep in it. It still maintains its high and respectable
character, and the honourable way in which it has vindicated itself
from this possible stain will redound to its credit rather than detract
from it. The club is of great public utility, it affords excellent
literary qualifications to those of Its members who desire to avail
themselves of them, and it must be a source of pleasure to its friends
to know that there are fifteen new candidates to be ballotted for at
the meeting on Friday next."
The Learned Gentleman then went on to show that
the Dr. represented could mean no other than
the plaintiff ; that the other party named in the libel was
a Mr. M'Donald, and that the greatest injury had been
inflicted on the character of his client. Having ampli-
fied on these points, he proceeded to prove his case.