The Sun.
London, England, 1833-12-03 00:00:00

advantage of the very law of libel against which he
has so often declaimed. I understand that two
defences are intended to be set up to this action :
fir t, that the libel is too absurd and preposterous
for any person to believe it to be true; and se-
condly, it is to be urged that the addition of the
single word " Fudge" is a justification. I under-
stand that the parties say their only object in in-
serting the paragraph in their paper, was for the
purpose of giving it an unqualified contradiction. It
is certainly strange that persons inclined to act so
friendly a part should not make use of a better word
than " fudge" for the purpose. They might as
well have written " Finis," or "Figaro," or" Wag,"
or any other slang term, which the papers now-a-
days select for titles. It is to be contended that
the word " fudge" means " false." Why there is no
such word to be found in the English language.
6tie author alone has made use of it ( Dr. Goldsmith).
But Dr. Johnson, who was living at the same
time, has not noticed it. Nor is it to be found
in the dictionaries of Walker, Bailey, Sheridan,
Ainsworth, and others of established reputation.
It is only to be found in the large and expensive
edition of Johnson, by Todd, which costs four or
five guineas. But if they wanted to contradict the
statement, why make use of an equivocal word ?
Why not follow the example of other respectable
newspapers--The Morning Herald, for instance—
no friend, no political advocate of mine, but an op-
ponent, which said that malevolent paragraphs had
found their way into the newspapers, reflecting dis-
grace on their authors; amongst others, a cir-
cum itantial account of a murder given by an Even-
ing
Paper, and expressed a hope that the authors
of such calumnies would be severely punished. Why
not, if there had been no malicious intention, have
acted in a similar manner ? Or, if they must give !
the contradiction in a single word, why not have
given it in an unequivocal word of the same number
of letters, and have written " false," instead of
" fudge ?" That would have been understood by
everybody, But why, if friendly disposed, doll Id
they have inserted it at all ? the Morning Chronicle
did not insert it, the Times and the Herald did not
insert it ; why not have imitated their example ?
The fact is, they were enemies in disguise, they
were pretended friends. They were wolves in
sheeps' clothing; who, whilst they were trying to
make part of their readers believe they were my
friends, stabbed me in the back in the dark. Why ?
Fudge 1. If they are to get a verdict on that ground
then the Lord Chief Baron on the Bench may be
charged with the greatest crime in this world; and
if " fudge" be added, the author of the libel will be
exempt from punishment. Any crime may be charged
against any of you. Suppose, for instance, one of
you, a brewer, were charged with mixing poisonous
ingredients in your beer—that by such poison you
murdered your customers—that a coroner's inquest
was held, and a verdict of wilful murder returned—.
and that you were committed to prison to take your
trial in consequence—l ask you, as tradesmen, as
men of the world, whether you would consider the
addition of the word " fudge," as a reparation or
justification ? But I will show you there is no
ground whatever for this pretence. I will read you
an extract from the paper of the day before, where
you will see as malignant, though not so cowardly
a libel as this. When I brought the action against
them, they said they gloried in what they had done;
and that, if they applied the poison, they also ad-
ministered the stomach pump.—(A laugh.) God
forbid that such ignorant quacks should ever be
permitted to administer poison because they had a
stomach pump in their possession, else I fear their
patients will be like the man to whom another quack
administered a pint of gin, and who died despite
the stomach pump which they brought to his as-
sistance. Not only did they attack me en this
occasion, but afterwards, in a most vindictive man-
ner, followed it up on the 16th January; they said,
" Mr. Hunt has had much censure, but no word of
praise from the True Sun, from its first column
to its last." From the beginning to the end, indeed,
there seems to be nothing but the most rancorous
malice on the part of these people. One word
more with regard to the word " fudge." Mr.
Hunt then referred to the demurrer which had been
argued in this cause, and contended that the de-
cision on demurrer decided the question that the
addition of the word, fudge, did not take from the
libellous effect of the paragraph. Now Todd's
great dictionary was to be produced, which contained
the word "fudge," but for which Johnson was riot
an authority, though Goldsmith's " Vicar of Wake-
field" was. It was not, however, used there in
the sense of false, because it was applied to several
moral maxims, and there were several undoubted
truths to which the word fudge was applied. If, gentle.
men, you attend the theatres, you have probably seen
a little farce called High Life below Stairs, which
has been exhibited at the Surrey Theatre. The
master being out of the way, the servants, trades-
men, and others, are assembled in the kitchen,
enjoying themselves on their master's wines, when
a learned discussion arises as to who wrote Shak-
speare's Plays. One said it was Pope, another
Cibber, a third Addison, when at last the coachman
got up, and silenced all the talkers, by declaring, in
a tone of authority, that they were written, not by
any of those gentlemen, but by one " Mr. Finis,"
for he had seen his name at the end of the book.—
(Great laughter.) Now, Gentlemen, it is not at al
unlikely that the people who came to such a co

elusion are of the class of the readers of the True
Sun; and if the former were in error, and did not
know the meaning of the word " finis," which,
though not in the English language, is nevertheless
a word of common use, where is the improbability
that the latter should not know the meaning of a
word which is not to be found in any language at
all ? If they meant to contradict the libel, the word
should not have been such as to bear uny equivocal
meaning. Gentlemen, I feel bound to detain you
somewhat longer, and, in justice to the country,
as well as myself, to tell you how it is that I
am attacked by the True Sun. The True Sun
professes—l say professes—to be a liberal, and
sometimes an ultra Radical paper, and to he
a great enemy of, and opponent to some of the
measures of the present Government. By and bye,
either through their not employing proper men to
edit their paper, or other mismanagement, they find
the True Sun is likely to set, and a public adver-
tisement is sent through the country, calling on the
Radicals (and mind, I avow myself a Radical Re-
former, by which I mean a reform of all abuses
which have crept into the State, radically) to come
forward and support those who had supported their
principles. A meeting of the working classes was
held at the house of the True Sun, where they tried
to get up a penny subscription, thus following the
example of a great beggar in another country.—(A
laugh.) They called the liberal party together, and
two of them waited on me, and I said I would cer-
tainly go—

The LORD CHIEF BARON-Mr. Hunt, you have
no right to allude to parties who are not before the

Court, and who are not present to defend them-

selves. You have just alluded to some per-
son in another country.

Mr. Hunt—l beg pardon, my Lord; but as that
person has often taken liberties with me behind my
back, I thought I might for once take the same li-
berty with him.—(Laughter.) However, I beg
pardon. I attended the Committee, together with
twenty or thirty other persons, and their object was
to enable the proprietors of the True Sun to pay
their debts and to carry on the paper. But five
pounds only were subscribed, of which I gave one.
They then wanted to try a penny subscription. I
had no objection to this attempt, but in my imper-
tinence I thought it proper to inquire a little into
the expenses of the establishment. I said, here I
have come into a room with fine Turkey carpets,
mahogany tables, rosewood chairs, morocco cushions,
and everything in the most splendid style. This,
as Radicals, is not what we have been accustomed
to. I know something of newspaper offices, and I
know this is not the case elsewhere. I have been
into the Morning Chronicle office, end into the
editor's room, where I have found Mr. Black in a

small room filled with books, tables covered with
papers, and half a dozen chairs not worth half a crown
a piece.—(Much laughter.) I have also been in
other offices, wherein I have found business and not
elegance the main thing considered. Whereas,
here there are rooms for Mr. Grant, and Mr. Ager,
and Mr. Bell, and then a Mr. Wilkinson, a gentle-
men kept to keep accounts, of 2001. or 3001. a-year.
—(A laugh.) Then there is Mr. Leigh Hunt, and
last, though nor least, the Sub, Mr. Carpenter=
Mr. HumFREY—My Lord, I submit that Mr.
Hunt has no right to enter into these particulars—
none of these parties are before the Court.
The LORD CHIEF BARON—Certainly not ; it
could not be admissible in evidence even if proved.
Mr. Hunt—l will not pursue that course. My
observation was, that ten thousand pennies from
ten thousand starving workmen every week would
not pay the salaries of that establishment, and that
it ought to be reduced, as on other papers, to an
editor, and a scissors man, to make up the paper. I
said this with the very best intentions ; but from
that time to this the proprietors and writers of the
True Sun have made me the object of their repeated
attacks. If you, gentlemen, by your verdict, should
say that a libel, however atrocious, upon any man,
however respectable, ceases to be a libel when the
word fudge is appended to it, then you will destroy
the liberty of the press, and sanction licentiousness
such as has never taken place before. I care nothing
for public attacks on my politics, nor for attempts to
hold me up to ridicule, but when such an attack as
this is made on me, I should be unworthy
of possessing any character at all cbd I not
complain of it. Mr. Hunt then proceeded to
state the nature of the evidence which he in-
tended to call, and complained that threats had
been held out to him that he would be blown out of
that Court, and afterwards blown to hell in their
newspapers —(A laugh.) At the eleventh moment,
too, some one on behalf of the parties has proffered
to make a most humiliating and disgraceful apology..
They offered to insert in their paper that they did
not intend to injure my feelings or character, and
that they inserted the paragraph solely for the pur-
pose of giving it the fullest contradiction. Gentle-
men, I knew this to be a barefaced falsehood, and
therefore I would not listen to it. Gentlemen of
the Jury, I do not seek vindictive damages at your
hands, nor should I at this period have come into
Court at all, but for the circumstances which I have
stated to you. lam now cool on the subject, and
had a proper apology been offered, I should have
accepted it. But up to the latest moment the True
Sun has pursued its attacks upon me, and whenever
I have come before the public, it has misrepresented
me in its reports. I know you will be told by the
gentleman who is about to address you, that those who
are loudest in their clamours for liberty of the press,
are the first to take advantage of the law of libel for
any attacks on themselves. This observation, how-
ever, cannot justly apply to me, for I might have
filed a criminal information against the parties, or I
might have come here for vindictive damages, which
Ido not. I ask not for large damages, indeed if
you gave them me, I should not get them.--
(Laughter.) Nominal damages, however, are as
much as I wish for, or expect. I have already set-
tled with other proprietors of newspapers who had,
unwittingly, inserted the libel, by referring the mat-
ter to two arbitrators, and thus coming to a satisfac-
tory senttement. Gentlemen, do riot suffer your-
selves to be persuaded that the word " fudge" takes
the sting out of the libel. If so, any libel may be
printed against any of you or your dearest relations.
It may be said that your wife or your daughter was
seen going into a brothel—fudge. That your house
was burnt down, you set it on fire—that you were
tried for arson, found guilty, and were about to be
executed—fudge. If this is to be allowed, then
farewell to the liberty of the press, and let the li-
centiousness of the press rule for ever. As some
proof of the malicious intention of the parties, I
will call your attention to the paper of the day be-
fore that when the libel was published. I bring this
only to show intention; for I should have held my•
self eternally disgraced had I commenced a prosecu-
tion on such a paragraph as that. This paragraph
is signed not " Fudge," but " Spectator," from
which paper it is extracted
Cobbett is returned ! We do heartily rejoice at this.
He is a Radical worth having. He will add fifty per cent.
to the interest of the Session's debates. This is the man
who ought to have been put into the House when that
pour thing Hunt—(A laugh)—whom we are glad to see
turned out—was put in. Hunt degraded the labouring
classes, by his ignorance, and his base association with the
Tories. If Cobbett should, in some of his fits of way-
wardness, imitate hind in the latter, he cannot in the
former.—Spectator.' (Much laughter.)
Now, whether Fudge, Figaro, Spectator, or the
name of any other contemptible work be put to this
paragraph, the insertion shows the malicious feeling
which prevailed in the minds of the proprietors of
the True Sun, the day before the libel appeared.
That libel could have been inserted with no friendly
intention, it did not appear in the paper from which
they quoted, and I think I could show you, if I
chose to go into it, that it must have been manu-
factured in their own office. They knew that a
murder was a fine thing for a paper, and they doubt-
less thought that a murder instigated by me would
bring them a great number of readers. I have my-
self heard a newspaper proprietor say, that the
murder at Elstree put several hundred pounds
into his pocket, and 1 know that, at a very slack
time, the proprietor of a paper—a Leeds paper,
asked the Editor whether he did not think it pos-
sible to get up a good murder.—. A laugh.) The
Editor answered " Yes," and immediately sat down
arid wrote a most horrid, long, and circumstantial
description of a murder, which he called the Nor-
wich Tragedy. Four thousand or five thousand
additional papers were sold in consequence. Such
is the rage for the marvellous, that any thing like a
murder is sure to sell the paper. The friends and
relations of the persons resident at Norwich were
kept in the greatest state of anxiety and alarm, till
the next week, when the Editor said lie had been
imposed upon, though the article had been entirely
manufactured at his own office. Gentlemen, lam
sure you will not refuse to give me a verdict, because
you think my character as a Radical may be attacked
with impunity; and I am convinced that, by your
verdict, you will tell these gentlemen, that when
they next insert a malicious libel, they must, if they
wish to avoid an action for damages, give it some more
unequivocal contradiction than the single word " fudge."
Mr. Hunt then proceeded to call his witnes-es.
Thomas Kimber, a tobacconist, produced the usu d
proof of publication and proprietorship.
Cross-examined by Mr. HUMFREY, who appeared fur
the defendant A-er—Had been witness in the former
actions brcnigkt by Mr. Hunt against the Globe and
Liverpool Journal, in which he recovered damages.
Mr. Benjamin Turner, clerk in the newspaper depart-
ment at the Stamp Office, produced the True Sun of the
17th and 18th December, 1832, and of the 14th and
16th Januiry, 1833. The libel was the❑ read, and the
extract from the paper of the 17th. Witness also produced
the files of the Liverpool Courier, from 18th December,
1832, to the commencement of that year. He had
searched the file of the paper, and it did not contain the
libel in question.
Mr. Henry Hunt, jun., examined—Was in London in
December, 1832 ; saw the paragraph in the True Sun,
and in several other papers ; saw it in the True Sun
after he saw it in other papers; on the 18th December
witness received a letter from his father, by which he
knew that the stitement was false; had first of all seen
the paragraph ; before receiving the letter, he should have
feared that some part of it was true ; believed it was i❑
the Evening Papers of the 17th that he first saw it.
Cross-ex anined—Did not recollect seeing it in the
Morning Papers ; the paragraphs were not the lime; could
not tell wherein they differed, or that they differed in any
material points, but they did differ ; saw the word " Fudge"
added to the article in the True Sun. Disbelieved the
paragraph, but then he had the advantage of having his
father's letter; had his judgment been uninfluenced by
that letter, might very probably have thought it true,
notwithstanding the word "Fudge;" should have thought
so because he should not have expected that the True,Sun
would insert a lie; should not have understood "Fudge"
to imply a contradiction; the word is too equivocal; can-
not state in what respect it is equivocal. Knows no de.
cided meaning that ca❑ be given to it. It was equivocal
as to the intentions of the parties. It struck him that it

might have been added for the purpose of saving the parties
from an action of :,libel. He, however, knew better.
Knew it could not save them, because it was an equivocal
word. Cannot give the sense in which it is steed, not
being able to find it in any dictionary. Stinpnses it must
mean "nonsense" or " all stuff."—(A laugh.) It might
mean the name of a correspondent.—(Great laughter.)
Could not find the word in any dictionary. Did not look
into Goldsmith. Looked into Johnson and Walker. Saw
the article in the Liverpool Journal. Cannot point out
any difference between them. In substance they are the
same. They both spoke of the murder, coroner's inquest,
verdict of wilful murder, and committal for trial.
Thomas Hart, clerk to Mr. Hunt, examined. [This
witness created much risibility by the particular knawing
look which he assumed.] Saw the libel in the True
Sun, and in the Evening Papers. Saw the word
" Fudge" at the end of it. Examined many dictionaries
to find the word ; examined Walker, Johnson, 13ailry, a
pocket edition of Johnson's, Boyer's, and many others
Found it in no dictionary, except in a recent quarto
edition of Johnson by Todd, who gives the word, and
underlines a quotation from Goldsmith, as his authority.
The LORD CHIEF BARON—The word occurrs very
often in Goldsmi,h.
Witness—Does not recollect the meaning of the word
as given by Todd ; believed it is " non-sense." or some-
thing- of the kind. Occasionally read the True Sun.
Attended a public meeting at which Mr. Hunt was
present. Attended a public meeting about the 15th of
Janu try last, at Theohald's-road.
The paper of the 16th of January was then put in for
the purpose of reading the report of the meeting.
At the suggestion of the COURT, however, Mr. Hunt
only reed the tollnwing passage:—
" Mr. Hunt then continued his address, which was
received at intervals of about every twenty words with
renewed cries of ' Fudge.'"
Mr. Hunt—Tee libel itself was read to the meeting,
after which some discussion ensued, and a gentleman of
the name of Carpenter made a speech, to which I replied;
and that is an account of my reply, and I wish to ask the
witness whether it was true or telse.
The Loan CHIEF BARON—Go on.
Examination resumed—Witness was at the meeting :
1,500 or 2,000 persons were there. The cries of Fudge"
did not proceed from above six or a dozen persons; it was
not called at all from the body of the meeting; heard Mr.
Carpenter first of all call out " Fudge," and some persons
immediately about hint cried out also ; they appeared to
be persons connected with the True Sun.
By the COURT—Mr. Carpenter was the first, witness
saw the words go out of his mouth.—(A laugh.)
Cross-examined by Mr. lIUMFREY—You talk of ex-
pensive dictionaries and large quartos, pray did you ever
look to Dr. Chalmer's cheap edition of Johnson, published
about 1820?
Witness—No.
Mr. BUMFREY—Look at it ; do you find the word
" Fudge" there ?
Witness—Yes, it is here.
Mr. HUMFREV—SO you find it in that ?
Witness—Yes ; but I'll hand you half a dozen, in
which I can't find it. Perhaps you'd like to look at
mine ?—(Laughter.)
Mr. HUMFREY—No, I thank you. Did you ever see
Dyke's common School Dictionary ?
Witness—No.
Mr. HUMFREY--Why, where have you lived? What
dictionary, pray, did you learn out of ?
Witness—Why, I hardly know ; I think " Antick's"
—(Roars of laughter.)
Mr. Hunt—Upon my word you seem to be well ac-
quainted with lexicography.
Witness—Why, when I learnt out of " dicksonnaries,"
didn't look particularly for it ; but I have looked in
Ainsworth and five or six others, and could not find it.
Now I have found it, I'll make a memorandum of it.—
(Great laughter.)
Mr. Hunt—Well, read Dr. Chalmer's meaning.
Witness—Yes : " Fudge—an expression of the utmost
contempt, usually bestowed on absurd and lying talkers.
—Goldsmith." Witness had attended meetings of the
working classes. Was aestutinted with that class. They
might, perhaps, understand the meaning of the word
" Fudge," but does not think that all would. Does not
know whether they would take it for the name of a cor-
respondent.
The LORD CHIEF BARON—That is too absurd. Every
body knows the meaning of the word " Fudge," with-
out a dictionary. There are many other terms used in
these days, which you will not find in dictionaries ; such
as the word " Radical." which you will perhaps not find
in any dictionary in the modern sense, and yet everybody
knows the meaning of the term.
Dr. Lipscombe examined—Has read the libel in the
True Sun. Never applied himself to consider in what
sense the word " fudge " was intended in that paper.
Gave it no particular attention; because it is used by no
accredited author except Goldsmith. Ic has only been
introduced in the recent edition of Johnson, by Todd,
published many years after Johnson's death, and without
his authority. It is also in Chalmers'., and believes it is
there taken from Todd. Has read the " Vicar of Wakefield,"
where the word is frequently used by Burchell. As it is
there applied it is, in his opinion, intended to convey a
ridicule, not on the words spoken, but on the parties
speaking. Many moral truths are uttered which cannot
he contradicted, and to them the word " fudge " is equally
applied. Bad women, in the presence of Sir William
Thornhill, are made to utter expressions which are per-
fectly true in themselves, but which, being inconsistent
with the character of those who utter it, excite our con-
tempt, and not the indignation and disgust which we
ought to feel at falsehood.
Cross-examined—ls a doctor of medicine. Is an author ;
not of a dictionary. Wrote a history of the county of
Buckingham and several medical works.
Mr. HUAIFREY then rose and address d the Jury for the
defence to the following effect Lord, and Gentle•
men of the Jury, I stand before you as Counsel for the
defendant, John Ager, Mr. Grant defending in person,
and Mr. Bell also, but he is unfortunately absent, in con-
sequence of a severe accident. Perhaps, Gentlemen, you
have frequently, attended Courts of Justice, but not being
so familiar with them as my brethren of the bar, you
might have taken some of Mr. Hunt's prefatory ohserva-
dons as true. He has told you that it is his misfortune
to have been here once before on a similar case. His mis-
fortune ! Why, Gentlemen, it is the very happiness of his
life—the glory of his existence. Now that, as the Spec-
tutor says, Cobbett is in for Preston, and Hunt is out,
there is no place where he can have the happiness of
making a speech, that is, with the hope of being listened
to, except in a Court of Justice.—(A laugh.)
Mr. Hunt—l beg to set the Learned Counsel right ;
Mr. Cobbett is not in for Preston.
Mr. HUMFREY—That's true; but the sting is, that
Hunt's out—(Laughter)—and he has now no other place
where he has the opportunity ofdoing what he pompously
calls justice to himself, his country, and kis friends, says
a court of justice, because you hear, that even in the
assemblies of the working classes, of which lie was ones
so bright an ornament, the people assembled meet his
observations not witk acclamation, but with " fudge,
fudge." Here he has an opportunity of using any lan-
guage he thinks proper, and of giving to the public a pure
and—as he would say of his blacking—(Great laughter)
—an unadulterated account of the observations which
spring from the inmost recesses of his heart. Mr. Hunt
says the defendants wanted to use the stomach pump to
him. Gentlemen, I don't know that the stomach pump
would be of any service in curing hint of that desire of
talking which amounts almost to a disease, and which, to
use a sort of medical phrase, might be called by his friend,
Dr. Lipscombe, a determination of words to the mouth.
--(Roars of laughter.) This is a disease which cannot
be cured by the stomach pump. In other places, cer-
tainly, something may be found to stop his mouth ; but
that cannot be done here, unless, indeed, your verdict
should have the effect of preventing it for the future.
(The Learned Counsel here read the libel.) Now, what,
I ask, can you consider the meaning of " fudge," as it is
there used, save that the whole statement is stuff, non-
sense, and a parcel of lies? That is the pure meaning of
the word. One of the witnesses said, it might be under-
stood to mean a correspondent of the paper, but such an
assertion was too absurd to "require notice. Why, the
article itself is, at the beginning, said to be taken from
a correspondent from the Liverpool Courser. Sup-
pose the contradiction had been put in other and fitter
words, as Mr. Hunt acid. Suppose they said they did not
believe it, would it then have been a libel ? Certainly
not; and why should it be more a libel when the contra-
diction is given in a single emphatic synonynie? This
takes all the sting out of the libel. As a stronger proof
that Mr. Hunt came here only to hear himself speak, he
himself asks only for nominal damages. He, himself, the
judge in his own case, rates the grievance only at the high
sum of one farthing. Way should your time and his be
wasted on so trifling an action ? What is to become of
his writings, his blacking, and Dr. Lipscombe's physic
whilst he is labouring here in order to gain at your hands
this precious, invaluable farthing ?_(A laugh.) Why,
if Mr. Hunt has, amongst his other rare collections, one
of coins, and if he should be so lucky as ta get this
farthing., it will, doubtles:,
.he treasured up there and
handed do Nil to his children and children's children as the
farthing for which he brots;lit this tremendous action—....as

the farthing for which witnesses upon witnesses and news-
papers upon newspapers were brought here to-day ; and I
have no doubt, that of all the old coins for which enor-
mous sums are given, this rare farthing will be by far
the most valuable. But, Gentlemen of the Jury, rich as
Mr. Hunt is, he is not rich enough to have so expensive
a propensity as this. You know that when a gentleman
was applied to for the purpose of interfering between
two ladies who had quarrelled, before he would
undertake the delicate task, he inquired to what eettemi-
ties they had gone ;—imputation on each other's virtue
were not of much moment, but he particularly inquired
if they had called each other ugly, and being answered in
the negative, said, then they can be reconciled--a woman
will p srdon every thine but that. To apply the story, it
seemed that the True San bad proceeded to that extre•
nai,y against Mr. Hunt which he never would forgive.
They certainly had not called him ugly, but they had called
him ignorant—they said that Cobhett might imitate him
in his base association with the Tories, hut that Cobhett
never could imitate him in his ignorance.—(A laugh.)
Now this is the never to he forgiven crime which was
the true secret of the present action. On the meaning of
the libel, gentlemen, you have had witnesses produced to
you who are versed in dictionaries, one particularly who
had searched " Antick" through, and could not find
" fudge." I have certainly looked at many dictionaries in
my life, but never met with " Antick's." It woi then
complained that the word was not to be found in Johnsen ;
why I might just as well be told that this sovereign is net
good, because no such coin existed in the days of Magna
Charta. There is a word written by Mr. Hunt fre-
quently, of which I will read you the meaning given
by Johnson. The meaning is "primitive, original, itn-
planted by nature, serving to origination." This word is
"Radical," and when it is said that Mr. Hunt is a R idi-
c 41, I think it would very much puzzle a lexicographer to
make out what Mr. Hunt really was by the defini ion I
have just read. " Primitive"—certainly there is nothing
very primitive about him ; " orieinal" he may be—
(Leughter)—" implanted by nature"—that won't do at
all ; serving to origination"—thet, by a forced construe-
tien, may apply, and certainly Mr. Hunt, in this Court
at least, serves to origination of actions.—(Great
Laughter.) Still what is meant by a Radical could never
be nivined without applying to some more modern autho-
rity. Then it was said, that the word was only to be
found in larg • and expensive books. Why I have pro-
duced two small and cheap editions in which the meaning
of the word is given ; and if Mr. Hart hail looked into
those, instead of searching "Antick's"—(Laughter.)
Mr. Hart—( Very angrily)—l do not say Antick's;
I meant Ainsworth's.
Mr. HUMFILEY—WeII, Ainsworth's let it be ; but as
the Bristol men are said to sleep with one eye open, this
witness reads with one eye shut, and contrived to keep
that eye shut on the very easy books of reference in which
the word is contained. The explanation is very clear, and
perfectly decisive of the question of libel. " Fudge, an
expression of the utmost contempt, usually bestowed on
absurd and lying talkers." If Dr. Chalmers had been
adverted to, or Dr. Goldsmith, one of the most classical
and correct of English writers, there would have been no
difficulty in understanding the expression. I have the
hook before me, and yet, strange to say, Dr. Lipscombe
says the word does mean here false or absurd.
Dr. Lipscombe (apparently in a great passion)—My
Lord, claim the protection of the Court. It certainly
is false or absurd in the disjunctive, but not false alone,
for it is applied only to moral truth. I claim protection;
I won't be made absurd by any Counsel. (This declara-
tion of the wrathful Doctor produced much merriment in
Court.)
Mr. ilumrßEv—l hope Dr. Lipscombe won't he so
angry; I'll read you a passage or two by way of example,
and then leave it to Lady Blarney, Miss Carolina Wil-
lielmina Amelia Skeggs, and Dr. Lipscombe, to decide the
meaning of the word,—(Renewed laughter.) The first
passage which illustrates Dr. Lipsconehe's moral truth is
this :
" Lady Blarney was particularly attentive to Olivia ;
Miss Carolina Wilhelmina Amelia Skeggs (I love to give
the whole name) took a greater fancy to her sister. They
supported the conversation between themselves, while my
daughters sat silent, admiring their exalted breeding. But
as every reader, however beggarly himself, is fond of high•
lived dialogues, with anecdotes of Lords, Ladies, and
Knights of the Garter, I must beg leave to give him the
concluding part of the present conversation."

All that I know of the matter," cried Mrs. Skeggs,
4 is this, that it may be true, or it may not be true; but
this I can assure your Ladyship, that the whole rout was
in amaze; bis Lordship turned all manner of colours

my Lady fell into a swoon ; but Sir Tornkyn, thawing
his sword, swore he was hers to the last drop of his blood."
—(Great laughter )
On this Sir William Thornhill cries " Fudge," and
this is one of Dr. Lipscombe's great moral truths. Now
for another—
" Well," replied our Peeress, " this I can say, that the
Duche,s never told me a syllable of the m itter, and I be-
lieve her Grace would keep nothing a secret from me.
This yuu may depend on as a fact, that the next morning
my Lord Doke cried out three times to his valet de chain-

bre, Jernignao Jernignan ! Jernignan ! bring me my
garters."—(Roars of laughter, in which his Lordship
joined most heartily.)
And to this great moral truth, Sir William Thornhill
has the impudence to cry " Fudge" also. This triple call
for garters is certainly rather new in the list of moral
truths.—(Dr. Lipscombe—l did not say so.) Well,
not quarrel with you, but, as I said before, I'll leave it to
Lady Blarney, Miss Skeggs, and Dr. Lipscombe, to deride
whether the word means falsehood or absurdity, and
whether this is the way in which philosophers usually in-
culcate grave moral truths. The Learned Counsel then
concluded one of the most witty and bumourous addresses
we nave for some time heard in a Court of Justice, by
calling on the Jury to repudiate the attempt to make this
paragraph a libel, and to observe how impossib!e it was,
upon the plaintiff's own showing, that he could have sus-
tained ant damage by its insertion.
Mr. Grant addressed a few words to the Jury, and said
that at so late an hour, and after the address just deli-
vered, it would be improper for him to trespiss further on
the time of the Court or Jury.
Lord LYNDHURST told the Jury that it was a question
entirely fur their consideration. This was an action for

compensation for the injury which the plaintiff sustained
by this particular publication. He had instituted two

other actions before for the same lib l and had verdicts
notwithstanding which, if this was a libel, he was enti-
tled to compensation for the injury which he sustained
thereby. With respect it was admitted on the other
side, that if fudge had been left out it would be
a libel; but the real question was, with what motive
was it published ; if with an intent to injure the
plaintiff, he was entitled to a verdict; if, on the
contrary, it was to vindicate his character, the de-
fendants were entitled to a verdict, for this action could

not be sustained. They had nothing to do with what
the plaintiff said about the demurrer; when it came
before the Court they said it was a proper questiun for
a Jury. Mr. Hunt said that he would show that this
paragraph was invented by the defendants, and that it never

appeared in the Liverpool Courier, but if it did not appear
in that paper it appeared in the Liverpool Journal, and a
mistake in the title of the paper should nor. lead to the
conclusion that the object was to injure Mr. Hunt. If the
object was to throw discredit on the statement the defen-
dants were entitled to a verdict, but if their object was to
injure the plai❑ iff he was entitled to a verdict, and he

asked for no more than nominal damages.
The Jury, having deliberated for a few minutes, returned
a verdict for the plaintiff—Damages, Oae Farthing.

At the annual general meeting of the Go-
' vernors of the Royal Dispensary for Diseases of the Ear,
held on Thursday, it appeared that since its establishment
1,520 patients had been cured or relieved, including seve-
ral cases of deaf and dumb. A vote of thanks was after-
wards passed to Mr. Curtis, the surgeon and founder of
the institution, for his humane and skilful attention to the
patients; and it was resolved that a gold medal be presented
to that gentleman at the next anniversary dinner.
THE REGISTRATION SHILLING.—Mr. Jar-
vie and a deputation from the Board of Guardians appeared
before the magistrates at Chester, and stated that they
had been requested to make application to compel Mr.
Johnson, late overseer of St. Oswald's parish, to give
up to the Board the sum of 2/. ss. 6d., which he re-
t tined in his hands, for the purpose, as he said, of remu-
nerating him for his trouble and loss of time in registering
the names of freemen and county voters in his parish last
year. Mr. Johnson, in reply, said there must be some-
thing invidious in dragging him under the notice of the
public in this way, when there were individuals belonging
to other parishes who were in office that retained sums of
money to themselves in the same manner that he had thine,
and they were not noticed. The town clerk said all over•
seers were bound to pay the registration shilling into the
hands of the parties authorized to receive the poor rates;
and, according to the 76th clause of the Reform Act, it
they neglected so to do they were liable to a penalty ty
5001. Neither overseers nor assistant overseers could re-
tain any of the moneys so collected for their trouble ; but
the parishes, in vestry, could make them an allowance it
they thought proper. Mr. Johnson, on hearing this, paid
down the amount.— Chester Chronicle.