The Sun.
London, England, 1861-12-18 00:00:00

HE CASE OF MR. W. F. WINDHAM

2'

(Continued from The Sun of yesterday.)

Dr. Donald 15a,lrymple.—I- have practised a,
Norwich for 25 years. I was intimately acquainted
with the father of the alleged lunatic and with
his family. I have known the present Mr. Wind-
ham from his childhood, and have had frequent
opportunities of seeing him. For more than 20
years I attended professionally a private asylum
for the insane. My opinion is that his intellectual
powers are very much below par. I think he is fit
,to manage his own person, but he is not able to go
into society with safety to himself or others. He
is certainly not fit to manage property or money.
In 1848 I saw him at Felbrigg-hall. He there
broke out into violent passions apparently without
any adequate cause. I have heard him tell the
most transparent falsehoods, and when, as a friend
of the family, I remonstrated with him, he paid no
attention to me. I have frequently conversed with
lira about his fondness for low company, pointing
out that it was degrading to him as a young gentle-
man, but I never could make the slightest impres-
sion upon him. He did not seem to be aware that
there was anything wrong or unusual in his con-
duct. When ho broke out into sudden outbursts of
passion I do not think he was sensible of the diffe-
rence between right and wrong. In August, 1856,
he stayed two nights at my house. A horse was
hired for him, because I did not like to trust him
with one of my own. He rode out, but did not
bring back the horse. The saddle was brought to
.my stable a week after, but the bridle has never
been seen or heard of at all. (A laugh.) On the
occasion of the ovation to General Windham, in
Norwich, he rode in the same carriage with me,
and I had the greatest difficulty in keeping him
down on the seat. He screamed and howled when
there was no occasion for it, and at the
dinner in St. Andrew's-hall he conducted
himself in the most outrageous manner, dis-
turbing the proceedings of the evening. He
was not labouring under the effects of drink.
He slept at my house that night. I went up to his
bedroom and found him lying on his back quite
naked. I saw him at a Volunteer review in Nor-
wich in the early part of the present year. He told
me his uncle, General Windham, was going to get
him a commission in the army. I said he would have
to undergo an examination. " No," said he, "my
uncle can do whatever he likes." The next time I
saw him was in the streets of Norwich. He was in
the company of three or four shabby-looking men,
and was standing with his arms thrown around the
neck of one of them, at the same time making a
loud noise.
Cross-examined by Mr. Karslake—Mr. Windham
is an only child. I think his parents spoilt him.
His father was a hot tempered man. His mother
was an exciteable person also. As a child Mr. Wind-
ham was allowed to do pretty much as he:liked, I
think he would have been better if he had been kept
with a tighter rein. He was frequently in the ser-
vants' hall and the stables. I never observed that
he was extremely fond of the housekeeper. I never
saw him in a page's dress which his father had
purchased for him. He was frequently restrained
by his parents, but irregularly restrained. I saw
him on the day of his father's funeral. He appeared
deeply affected in the church, where he shed tears,
but at the mansion-house after the funeral I was
painfully struck by the little emotion he displayed
at the death of his father. When I got him a house
in Norwich 1 did so at the request of his mother,
who did not ask me to lend him one of my own. I
never heard that he wore an ivory palate in his
mouth. His speech is peculiar, but it is not suffi-
cient in itself to attract the attention of bystanders.
At the Windham ovation his conduct was unbe-
coming. He yelled in a loud, boisterous manner.
The streets were crowded, flags were flying in
every direction, and everybody bearing the name
of Windham was in great vogue. At the dinner
there were a great many toasts given, and much
wine was drunk. When the health of General
Windham was proposed the cheers were deafening;
I never heard a greater noise made in St. Andrew's-
hall. His outbursts of passion even when a child
were most extraordinary. When spoken to about
some fault he had committed, I have seen him fling-
ing himself down on the floor, and then howling,
shrieking, biting the carpet, slobbering, and making
a noise totally unlike anything I have heard made
by a child of his age. I think he is capable of
managing himself. 1 have not seen him at Felbrigg
since he became of age, nor have I ever seen him
engaged in what may be called the practical busi-
ness of life. I have seen him driving, but I have
never driven with him. God forbid that I should
do so. (A laugh.) He drives and rides recklessly.
Although I never saw him transacting any matter
of business, I have stated in my affidavit, and now
repeat, that he is incapable from mental deficiency
of managing his own affairs. I have stated in my
affidavit that his habits were of a nature to weaken
Powers originally defective. The habits I referred
to 3vere those of associating with low persons, of
drinking, though not to excess, of gormandising,
and of consorting with loose women. Another
habit was one which I detected when I found him
lying naked in a bedroom in my house. What I
mean by saying that I think he is capable of man-
aging himself is, that he will take care not to get
his own neck into danger, At the same time, if he
were to injure anvbmly else wilfully, insanity might
properly be pleaded- in his defence.
Re-examined by Mr. Chambers—He has an im-
pulsive nature, and I think that nature would lead
him to do rash acts. The noise he made in the
streets on the occasion of the Windham ovation was
not at all like a hearty English " huzza ;" it was
rather, to use a provincial expression, a " blare,"
and might be heard in a madhouse, but nowhereelse.
SVbat made it more marked was that there was no
cheering or shouting going on in the streets at the
time.

By the M ister—l define Mr. Windham's case as
one of imperfectly developed mental power. I be-
lieve the malady is congenial. He is able to protect
himself from physical injury, but that is alt.
Mr. James Johnstone—l am a physician praltis-
Ing in Norwich, and have had a good deal of experi-
ence in mental disorders. I have known Mr. Wind-
ham personally almost from childhood. I saw him
on the occasion of the ovation to General Windham,
He was riding on a pony quite at random. At one
time he rode into the crowd. Lord Suffield caught
him by the collar, and asked him what he wanted.
th said, " I want my uncle Charles," in a very
peculiar tone. His Lordship led him away. I saw
him at a ball in Norwich in 1839. He was con-
tinually beckoning at a party of women in the
gallery, where they were admitted to see the danc-
ing, wanting them to come down to him or to observe
what he was doing. At one period of the evening
he trod on Sir John Boileau's toes, and instead of
apologising, as he ought to have done, commenced
something which sounded very much like swearing.
(A. laugh.) Shortly afterwards somebody trod upon
his toes. He caught his foot up in his hand, limped
across the room, and uttered a most extraordinary
noise—something like a howl. I have also met him
at subscription balls. He used to run his partner
through the dances, tear ladies' dresses, and other-
wise misconduct himself. His laugh was that of
an idiot.
Cross-examined by Mr. Karslake—l cannot give
you an idea of an idiot's laugh unless you come with
me to Colney-hatch, (A laugh.) I was never intro-
duced to Mr. Windham, nor have I ever been at
Felbrigg-hall as a visitor. On the occasion of the
Windham ovation his pony was frightened by the
artillery, but I am not aware that it dragged the
bridle out of his hand and broke away.
Re-examined—At one of the balls in Norwich I
was asked to allow one of my daughters to dance
with Mr. Windham, but I refused to do so, because
I considered him a person of unsound mind.
The Rev. Thomas Goodwin—l was residing in
Torquay in the early part of 1867. Lady Sophia
Windham applied to me to take charge of her son
for such time as I should remain in Torquay. I
consented, and remained with him for a fortnight
or
three weeks. He was living with his mother,
and I went to the house every day. I attempted
to instruct him. His education at that time was
exceedingly deficient
expected in a person olof itihiissuch as I should have
years. While I was
with him I could not get dfopmore than two
chapters in " Prescott's Historyrato
toerfiu."
bated my ill-success to his inabilityl:attri-
a few his
.atten-
tion upon any subject for more twhaasnaefeowtivmemutes
at a time. His mental power
was dirty in his habits, untruthful, and boastfule.
He would tell me things which on their face bore
the evidence of untruthfulness. He was very ex-
citable. I have seen him jump over chairs without
any cause. I have seen him jump upon hismother's
shoulders and attempt to ride her like a horse.
When we were reading together he would start
suddenly up and run round the garden, shouting
all the time. He was also liable to sudden bursts
of passion. On one occasion, because his mother
would not allow him to go out hunting, he swore
at her in a fearful manner, and threw down his tea-
cup. He was in the habit of gorging
himself with
food, and ate like a pig, putting large quantities,
into his mouth at one time, eating from the dish
instead of his plate, and mixing up the dishes in a
disgusting manner. I have seen him at an evening
party bringing in a large dog and turning it loose
among the ladies. (A laugh.) From my experience
of him I regard him as a person of unsound mind.
His mental faculties are far below the average.
Cross-examined by Mr. Karslake—He was en-
couraged in doing nothing with me by his mother.
I tried him in ",Virgil," but the conclusion at which
I arrived with respect to his mental deficiency was
founded upon conversations which I had with him.
Re-examined—He could not talk upon the
4imPlegtoubjecti lb knew the Aiming of et word

here and there in Virgil, but could not construe a
single sentence correctly. His habits were pecu-
liarly dirty. I may say that I never saw his face
clean, (A laugh.)
Colonel Bathurst—l was formerly in Ihe Cold-
stream Guards, and now command the 15-h Middle-
sex Volunteers. I was first introduced to Mr.
Windham in May, 1859, for the purp )- e of taking
him abroad. It was proposed by Vice-Chancellor
Wood that we should travel for six months. We
first went to Brussels, and then to Spa, where we
remained a fortnight. Then we went up the Rhine
to Wiesbaden, Frankfort, Baden-Baden, and so
through Switzerland. We visited Spa on our
return. The tour lasted about three months. I was
constantly with him during all that time. I did
the best I could, but I am afraid I effected no im-
provement in him. He did almost nothing in the
way of study, reading nothing but newspapers, and
that only occasionally. I offered to read with him
every day, but could not induce him to look at a
book. I believe he did read two of the " Ingoldsby
Legends," but that was all. Even of them he
seemed to remember only a single couplet, which
he often repeated—

"The modern monk
44 Got jollily drunk."

(A laugh.) At Spa he was guilty of great cruelty
to a horse. He was in the habit of eating too much
mid very rapidly. A favourite fancy of his was to
speak in the Norfolk dialect. He was generally
very noisy indeed, and used to run up and down
the stairs of the hotel shouting at the top of his
voice. One day, in the Black Forest, he screamed
for half an hour. I concluded that he was letting
the steam off. (A laugh.) He often laughed
without any apparent cause. I could have made
him laugh as often and as long as I pleased. He
slavered at the mouth. He cried like a child, and
burst into tears for almost nothing. He was fond
of making the acquaintance of railway guards, and
was frequently allowed to work the breaks. He
larked with the waiters in hotels. He was always
falling in love with ladies whom we met, and to
some he made proposals. At a dinner-table near
Plymouth, he behaved himself in such a manner as
betrayed something more than a mere want of the
manners of society. Complaints were made to me
of his having used filthy language in the presence
of ladies. I induced him to make an apology.
Speaking generally, his manners were noisy and
boisterous, and he never failed to make himself
conspicuous in whatever company he happened to
be. He could not take care of his clothes, which
were dirty and full of holes. I gave him a little
money when he wanted it. He bought foolish things
—threw his money away. I found him untruthful,
and the falsehoods he told were sometimes obvious
and transparent. I have seen him in violent pas-
sions, but his fits were not frequent with me. My
impression is that if upon such occasions he had
happened to have a weapon in his hand he would
have used it. I returned to England sooner than
intended because I felt that I could do no good with
him. I consider him a person of weak intellect. He
may go into society with safety, though he will al-
ways conduct himself as rudely and boisterously,
and make himself as conspicuous as he did with me,
but Us want of ir ental power will always render
him incapable of managing his own affairs.
The inquiry was again adjourned.

LAW INTELLIG ENCE.—Dcc. 17.

COURT OF EXCHEQUER.

Sittings at Nisi Prius at Guildhall.—(Before the
Lord Chief Baron and Special Juries.)

STUBBS V, " LLOYD'S WEEKLY NEWS.".

r--TRADE PRO

TECTION SOCIETIES.-LIBEL.

The declaration in this case stated that the de-
fendant had published of the plaintiff the following
malicious and defamatory libel :
" DAGGERS IN THE DARK.

"We are overwhelmed with letters from indepen-
dent correspondents complaining of the doings of
Messrs. Stubbs, Perry, and Co. An Italian gentle-
man is especially struck with this anomaly in free
England. He asks whether we shall suffer that in
this land of freedom, of justice, and of hospitality,
men's reputations shall be silently and secretly
assailed, and that black mail shall be levied
on the timid ? Tradesmen or professional
men who happen to owe even the most
trifling sums may find themselves in one
of the black lists. Mr. Perry, for in-
stance," ' issues a weekly private ilist for sub-
scribers only, with this caution under the title, viz.,
' The information herein being strictly confidential,
subscribers are reminded that it must neither be

shown nor communicated to any other person.'
This artful warning is intended to create subscri-
bers. Mr. Perry wants his annual £3 3s. for the
information his circular affords. It is clear that the
calculations of these trade protectors are based upon
the fears as well as the meanness of their customers.
There are tradesmen who will condescend to patro-
nise a spy, in the hope that he may now and then
lead them from danger. On the other hand, there
are foolish men who fear the lash of the protector.
They are afraid that, not subscribing, they may be
described as no good ; not very wite to go into
business with such people,' whereas a little subscrip-
tion puts them forward as 'good people, very re-
spectable, and with good business." It is easy to
perceive the tyranny the conductors of a persecuting
system of this description may exercise, not over
wealthy tradesmen, but over the poor and sting-
gling man, who may be ruined by an evil word. It
is enough that we have secret police offices, spring-
ing up in our midst, without suffering the degrada-
tion cf surveillance by the bravo who holds a dagger
in one hand and a subscription form in another. It
is the bounden duty of every honourable man to
help to put an end to this disgraceful system of
espionage. The laws are strong enough to punish
offenders. There is ample security openly offered
to every man's house by the police; he needs no
skulking detectives om his threshold. But trades-
men are not alone concerned in putting aside these
daggers in the dark ; men of all degrees are affected
by them. They strike at the practice of the young
doctor; they lay bare the passing difficulties of the
student. All classes, therefore, should ' take action.'
Tradesmen should decline to be protected,' and
customers should refuse to deal with any of the
subscribers to private lists."
The defendant pleaded only not guilty.
Mr. Sergeant Shee, Mr. Hawkins, and Mr. 1). D.
Keane were counsel for the plaintiff. Mr. Sergeant
Ballantine represented the defendant.
Mr. Sergeant Shee, in opening the case, said that
the plaintiff in this action was Mr. Stubbs, of
Stubbs' Trade Protection Society, and the pro-
prietor of Stubbs' Gazette, and the defendant was
the proprietor and publisher of Lloyd's Weekly
News. The action, which was for libel, was brought
ander the following circumstances :—The plaintiff,
who had succeeded his father in the same business,
carried on a trade protection office of a most exten-
sive character. The central office was in London,
and there were branch offices in Birmingham, Glas-
gow, Edinburgh, and Dublin; and when be told
them there were on the list of subscribers at £1 10s.
a year the name of 20,000 gentlemen engaged in
trade, they would be aware of the high apprecia-
tion in which the services which the society
rendered to the mercantile community was held.
The service thus rendered to the commercial world
was this, that it gave to all persons by its publica-
tion and machinery the best possible means of pre-
venting the mischief of incurring bad debts.
'Stubbs' Gazette contained information of the highest
importance to mercantile men, It gave a statement
of all warrants of attorney, all cognovits, all judges'
orders, and all bills of sale which were registered in
the public offices, and which documents gave a pre-
ference to those who had obtained them over all
other creditors, and therefore it was of the utmost
importance that mercantile men should know
whether the property of persons with whom they
were dealing was pledged to others. When he told
them that during the week prior to the publication
of the Gazette which he held in his hand there had
been 12 warrants of attorney and cognovits, 14
judges' orders, 242 bills of sale, and 210 county
court judgments registered, they would estimate the
value of the information thus afforded to the sub-
scribers to whom this Gazette was a safe and sure
guide. Mr. Stubbs maintained a staff and
machinery to do for the mercantile community what
each individual could not do for himself. Its ob-
ject was to give to the great majority of the traders
of this great city and of this great country the advan-
tage of fair dealing—it was with this object that
this trade protection office had been established;
and thus it was countenanced and suppported by
the mercantile world. It stood to reason that if any
from doingas
man did not perform the work which he undertook
thoroughly, honestly, and conscientiously, so far
he could harad ervicy.e, he would become a perfect
pest, and would bring ruin on thousands ; so that
macnoliceive any charge more disgrace-
he had put mone 111
fill against
racter of an honeyst tradesmanr. Stubbs' position than that
ocket to destroy the cha-
If they found that as one who should
whom he knew to be un; or to represent a man
tahisitlyhasslthe deliberate
be trusted.
make out
intention of the writer of
such a charge, no doubt he had done Itioi
uvtetroybbleasst
not only to destroy the plaintiff's trade, but
his character. The learned sergeant, aving read
the libel, proceeded to say that it put the plaintiff
on the level with the midnight assassin, and Mr.
Stubbs being determined to challenge the defend.
ant, who did not now dare to justify his words to
Mr. Stubbs, the plaintiff, was then called in sup-
the proof, had brought this action.
port of the statement made by his learned counsel.
He stated that be succeeded his father nine years ago
in Manchester, in the same business, though more
local character; he caw to London Tofu yore Age,

In his Gazette he extracted all the information re-
gistered in the different courts of England, Ireland,
and Scotland, and gave information as to all per-
sons who carried on business by swindling, but their
names were not put into the Gazette until the cases
were investigated. The Gazette was only sent to
subscribers, who were requested to regard it as con-
fidential. He had never received a single farthing
for inserting or abstaining from inserting any one's
name in the Gazette. He was perfectly ready to
produce all his books.
Cross-examined by Mr. Sergeant Ballantine—l
invite my subscribers to give us the names of per-
sons who are supposed to be swindlers, and we in-
vestigate the cases. Ido not investigate them my-
self. I have agents in London and other large
towns. I have eight or nine agents in London. I
pay them by salary.
Mr. Sergeant Ballantine—What do these gentle-
men get for hunting out information ?
Witness—From £l5O to £2OO a year.

Mr: Sergeant Ballantine—And asuit of clothes.
(Laughter.) Well, when one of these well-paid
gentlemen catches a swindler for you what do you
do with him ?

Witness—We publish his name.
Mr. Sergeant Ballantine—That is an out-and-
out swindler. What do you do with a half-and-
half one ?

Witness—We keep him in our register.
Mr. Sergeant Ballantine—Until he is full-blown
—(laughter)—and then you publish him?
Witness—Yes.
Mr. Sergeant Ballantine—You publish the auto-
graphs of swindlers ?
Witness—Yes.

Mr. Sergeant Ballantine—And you go to fur-
ther expense for the commercial community; you
publish photographs of swindlers ? (Laughter.)
Witness—We do, sir.

Mr. Sergeant Ballantine—You don't keep a
secret police-office. You are not connected with
Mr. Field ?

Witness—l am glad to say lam not.
Mr. Sergeant Ballantine—Why, what is the
difference ? (Laughter.)
Witness—l decline to answer that.
Mr. Sergeant Ballantine—Now, what do you
call your legal agents ?
Witness—That refers to the collection of debts.
I mean solicitors who attend to the business of sub-
scribers on the terms mentioned in the prospectus.
Mr. Sergeant Ballantine—Oh, then, you are also
a debt collector ?

Witness—l am a debt collector through seven
hundred solicitors.

Mr. Sergeant Ballantine—Gracious, do you keep
seven hundred solicitors, and yet the world con-
tinues to exist ? (Great laughter.) Do you keep
them, or do they keep you ? (Laughter.)
Witness—l suppose they keep themselves.
Mr. Sergeant Ballantine—On the system of half-
charges ? •
Witness—No, my subscribers arc entitled to the
services of the solicitors at a less charge than
usual.

Mr. Sergeant Ballantine—You have had other
actions brought against you ?

Witness--:Yeshalf-a:dozcn.
Mr. Sergeant Ballantine—Did you ever fight
them ?
Witness—Yes.
Mr. Sergeant Ballantine—Did you ever get a
verdict in a single action ?
Witness—Yes.

Mr. Sergeant Ballantine—You were not so lucky
with the others perhaps ? (Laughter.)
Re-examined—l never published the name of any
person in my list of swindlers without the strictest
investigation. Once I published the autograph of
a respectable firm which a swindling firm had imi-
tated, but when I found out the mistake I imme-
diately explained it to the satisfaction of the respec-
table firm. I have published many thousands of
autographs, and only in one instance was there a
verdict against me, when the plaintiff', having shown
that although he had been mixed up with swindlers,
he had not been personally engaged in swindling,
I consented, on the suggestion of the judge, to a
verdict for 40s.

Mr. Sergeant Ballantine—What do you mean by
this under the heading, " Addresses Wanted," and
then follows a long list of persons ?
Witness —Persons who have left in debt and
whose addresses neither we nor the subscriber have
been able to find out.
The Lord Chief Baron—You want the inventus
in place of the non est inventus. (Laughter.)
This closed the plaintiff's case, and as no witnesses
were to be called for the defence it was summed up
by Mr. Sergeant S hee. _ _

Mr. Sergeant Ballantine then addressed the jury
for the defence. He said the plaintiff was a young
gentleman—a very young gentleman indeed to take
upon himself the position of arch-protector of the
commercial interests of this community, which must
be in a very bad way indeed if it wanted such pro-
tection as the spy system could afford. There was
another gentleman named Perry, who was also en-
gaged in the same benevolent design—(laughter)—
and it seemed that the system was going on to an
enormous extent in this country. A public news-
paper, Lloyd's Weekly News, had referred to it as
a question of public interest and importance. That
newspaper was not conducted in the Stubbs fashion
—it had no secret agents, no secret spies, but as a
public newspaper it had its attention called to the
fact, and under these circumstances the article had
been published. He would submit that all it intended
to convey was that the system was rife with danger,
and that such a power in the hands of au un-
scrupulous person was bad and injurious. The sys-
tem was this: If any subscriber thought any per-
son a rogue, he was requested to inform the Gazette,
so that not only did Mr. Stubbs spy out swindlers,
but he addressed to the gentlemen whom he wished
to protect the insulting proposition that they should
do the same. In every parish how many men were
there who hated their neighbours, and every sub-
scriber had the power of putting his neighbour into
Stubbs' black list. How many persons were there
whom he was addressing whose names might be in
Stubbs' black list. Mr. Field, whose younger days
had been passed in catching thieves, had now his
private inquiry-office; but one advantage of his
system over Stubbs' was that the former only gave
the information he acquired to the person interested,
while the latter gave his to the whole world.
The Lord Chief Baron—You overstate the case,
brother Ballantine. It is a secret which is only
confided to 20,000 subscribers. (Laughter.)
Mr. Sergeant Ballantine admitted the secrecy of
the transaction, and that the fact of there being
20,000 subscribers must prevent any one Ilse from
knowing anything about it. (Laughter.) Now,
this Stubbs' Gazette was one mass of libel from be-
ginning to end. He had rather admired this young
gentleman, Mr. Stubbs, and he would frankly adroit
he rather believed him, for he had given his evi•
dence with a smiling satisfaction that irresistibly
led to the conclusion that he felt he was doing
nothing dirty. (Laughter.) There were street
scavengers as well as moral scavengers, but the per-
sons who swept our chimneys or who cleaned out
our dustholes were not precisely the class of persons
we should wish to see in our drawing-rooms. How
did the system work John Tompkins had a grudge
to John Jones, and he sent in his name to Stubbs'
Gazette. John Jones did not read Stubbs' Gazette—
he preferred a lighter class of literature—(laughter)
—and there his name figured. If there was a John
Jones in court, he would advise him to look at
Stubbs' Gazette, and probably he would there find
his autograph in mistake for that of some other John
Jones, in the same way as the little mistake had
occurred before. (Laughter.) Now Mr. Stubbs
might be the incarnation of everything that was
honourable and upright, and just as good as he
thought himself, but ho were Stubbs' agents? He
(Sergeant Ballantine) hated spies, and from their
employment he had no faith in Stubbs. He
thought that the agents of innocent Mr. Stubbs
might do very dirty things in the very dirty work
which he had provided for them. So much for
swindlers. But was every person who gave a
judge's order or a bill of sale to be held up in this
publication ? A person might raise money for the
most honourable purpose, and yet be branded
amongst a nest of swindlers. He trusted that the
trade of this country would never have to depend
on such a system as spies and informers. This was
a great and important question which the proprie-
tor of this journal had taken up ; and he trusted
that it would never be countenanced or supported
by the verdict of any jury of English gentlemen.
The Lord Chief Baron, in summing up, said that
this was an action for libel by the proprietor of
Stubbs' Gazette against the proprietor of Lloyd's
Weekly News. The press of this country was en-
tirely free, and if it published anything regarded
as questionable, and a remedy were sought in a
civil or criminal court, it would be for the jury
alone to decide that point. The proprietor of a
newspaper could not complain if comments were
made on the conduct of his journal. The idea that
the intelligence which the plaintiff circulated was
secret because it was confined to 20,000 subscribers
was a farce. He could not see any objection to the
plaintiff's Gazette if it were limited to the publica-
tion of what was directed to be registered some-
where by the legislature ; but he did not think
that any persons would be justified in publishing
the names of those persons who had pawned articles,
though that might be in some cases a guide to
picredit;clha
c Ae
dhceuo
nucldodeur
el dot
complain
slt
au justifyirnv eo ifl aßn taehnoedf
7tphor
(lane
at
tißctoe
rsnuhenoyudsle
dr;
bwheehcould not say that this system of spying behind
a man's back might not lead to considerable mis-
chief, and certainly it deserved no encouragement.
IBut the only question for them was not as to
l
COndliCt 9 4444 be Goo*, but us to the

spirit in which the paragraph comp:ained of had
been written. Was it a fair comment on a public
man ? And here he would say that in using the
word fair, it should be used with a large and liberal
indulgence to the rights of the public journals to
comment on public men. Juries owed certainly
very much of their freedom to the press, but juries
were not independent because the press was frQe,
but the press was free because juries were indepen-
dent. They would say had this article been written
in a spirit of fair criticism—if so, they must find
for the defendant, and if not, for the plaintiff, with
such damages as they thought fit.
The jury retired, and in a quarter of an hour
came into court with a verdict for the plaintiff—
damages, one farthing.