The Sun.
London, England, 1860-12-01 00:00:00

in the form of an advertisement. Ido not know
that there is not something more in it than we have
any means of knowing. It appears that the corps
of volunteers of which the plaintiff is the lieutenant
was to be called the " Scarlet Rifle Rangers," being
under the patronage of a most distinguished officer,
General Sir John Yorke Scarlett, the son of my
predecessor in this office, which I have now the
honour to fill. The libel proceeds to say, " The
undersigned hereby gives notice that he is forming
the above corps." The word forming, I may remark,
appears in large type, possibly with the intention
of throwing a doubt on the propriety of a young
man in the plaintiff's position making himself so
busy as to appear as the creator of a volunteer
corps, and then proceeds—" An eligible opportu-
nity is thus offered to respectable young men, who,
from feelings of disappointment or from necessity,
may have left other corps," as if this corps was to
be a refuge for the destitute. (Laughter.) Then
the advertisement goes on to say :—" It is hoped
the sanction of the War-office may be obtained for
securing the services of Arr. Bouchier, late lieu-
tenant-colonel of the Ist Surrey Rifles." We have
no information who Mr. Bouchier is.
A Juror—l think, my lord, Mr. Bouchier had a,
difference with some of the rifle corps, and that may

account for it.
The Lord Chief Baron—Netther of the learned
counsel for the plaintiff or the defendant gave us
any information as to who Mr. Bouchier is. May
I state for your information, brothel Ballantine,
that he is the chamber clerk to the Lord Chief
Baron ? (Laughter.)
Mr. Sergeant Ballantine—l did not know that
your lordship was aware of his military rank.
The Lord Chief Baron—Perfectly, and he was
made lieutenant-colonel in consequence of his
having written a most valuable pamphlet on the
volunteer movement. He is a most respectable
and respected gentleman. Some years since we
bad an educational movement; but I really do not
think that before that there were half-a-dozen
blockheads in the world who would not have
known that an advertisement signed " William
Stockbridge, Esq., tailor," was a hoax. (Laughter.)
Surely one would suppose it was not a serious
accusation that " William Stockbridge, Esq.,
tailor," would " adapt old uniforms at a small
charge." One criterion of a libel is, whether it is
capable of being justified; but as far as I can tax
my ingenuity and my memory, I must say 'should
not, if I were counsel at the bar, have the least idea
how I could justify a matter of this sort, supposing
it to be true. Is it a libel to call a man a tailor P I
think there would be a vast deal of insolence on
the part of a man who said, " You libelled me
because you called me a tailor." It is no libel to call
a man a tailor—to say that he bears his share in a
respectable branch of our native industry ; it would
certainly be no libel without an inuendo. For my
own part, I cannot understand how the plaintiff
can say the whole of the libel is untrue. I believe
several parts of it are true. The old idea of a libel
was that it was a thing which would hold a man up
to ridicule, and which would have a tendency to
disturb his feelings ; but a more sensible, a more
social view is now taken, and every mere joke to
make a laugh does not constitute a libel. Do not,
gentlemen, understand me as laying down any
principle for your guidance. Whether this is a libel
or not it is your province to decide. It is your pro-
vince and it is your right—it is your duty to do so.
Although I am entitled to give you my opinion, I
do not feel bound to do so. It has been stated that
Mr. Fryer, on reading this advertisement in the
Daily Telegraph, was disposed to turn the plaintiff
out of his situation as clerk. If that be true, I can
only say Mr. Fryer is the last attorney whom I
should wish to employ. (Laughter.) But whatever
may have been the secret malignity of the person
who caused the insertion of the advertisement it must
have been clear to all who read it that it was a hoax.
The plaintiff, through his attorney, demanded an
apology and an exculpation. That was made the
day after the writ was served. It will be for you
gentlemen to say, taking all the circumstances into
consideration, whether this is a libel or not, and if
you think it is a libel, then you will say what
damages the plaintiff is entitled to. I will leave
the case in your hands, with this single remark :
The Press has, of late years, gradually become more
emancipated from what I may call the fetters of the
law, and if in the beginning of my address I said
something about the volunteer movement, I now,
at its conclusion, will say that to the Press, under a
proper administration, that movement owes so much,
and although you must feel that the volunteer move-
ment is entitled to our highest admiration, you must
also feel that the liberty of the Press has ever been
respected in that place in which you now sit, and
that this country owes to it everything, far above
everything, except to that glorious constitution
under which we live. •
The concluding remarks of the learned judge
were received with loud manifestations of applause,
which were immediately checked.
The jury returned a verdict for the defendant.