The Sun.
London, England, 1857-03-06 00:00:00

THE LIBERTY OF THE PBESS.

(From the Scotsman.)
We have just learned that a case occurred is
Glasgow a few days ago in which the liberty of the
press appears to have been subjected to an assault
of a very extraordinary chara;ter. It appears that
certain judicial proceedings which took place in the
Sheriff's Summary Court in Glasgow last summer
were narrated in ordinary course in the columns of
the Glasgow Herald, and in connection with thee
proceedings a civil lawsuit ensued between two
private persons. In the course of the litigatil
the legal agent of one of these men thought he would
better his cause if he could ascertain the name °
the person who had supplied to the Herald the in"
formation contained in that journal, it be ng under"
stood that professional newspaper reporters do itev
usually attend the court in question. Certain me
bers ot the literary staff of the Herald were aceeru:
ingly summoned, about six weeks ago, to give efsi,-,
dence before Sheriff Steele but one of them "e'"
attended respectfully declined, on being inter°.
gated, to give the name of their private corresPle
dent, stating that, according to the invariable rule
of the office, the names of gentlemen communielt,
ing with the paper were never divulged, and thst
a
in taking this course, he was asserting neees6eri
privilege, especially as the proprietors, while
de-
clining to reveal their confidential or Priv%
operations, at all times held themselves resell";
ible for all the contents of the journal. L
Case was finally adjourned, the Sheriff 'eel
mating that if the Herald was not prePar
to give the desired information at the ne,
t
,e,
'
diet means of compulsion would be used. It r°3
be remarked-that the accuracy of the Herald's 'ot
port was not questioned, and that journal Was pot
mixed up with the lawsuit in any way.
The next stage in the business occurred -1114
week, when Mr. Wilson, one of the reporters .6
the Herald, appeared before Mr. Sheriff Steele; If
consequence of a 81111MIOns, and was examineal3
the
name of the agents. In reply to the demand for 11,5
name of the Herald's informant he repeated be
former declinature. To show, however, that,'.o
Herald was most anxious to avoid anythg eins
contempt of Court, and willing to meet the wileed
of the agent, so far as consistent with the go 'f,
faith they felt bound to keep with their correslf,;d:
dents, Mr. Wilson stated that he was ready tota
up the name wanted to the sheriff, not to be 11,
publicly, but that his lordship might judr
ge whether
or not that gentleman was at all likely to have 811
other object in making the communication beret,
that of simply communica'ing a matter of fact t°_„
public journal. Sheriff Steele repelled this ofte the
ture, stating that he regarded it as an insult to bench, adding that neither the Herald nor aef
b't
other newspaper bad a right to plead privilege kt
the Herald not only was not entitled to w'tbliol
but was bound to give, the name of its confidaos
correspondent ; that the course the witness,ot,
following was obtrusive of public justice, and got
in short, if the name was notgiven,Mr.Wilson °Lit.
go to prison. This intimation did not move the for
ness, and, accordingly, a warrant was made out
his committal to the gaol of Glasgow. Before tie.
removal, however, Mr. Pagan, who is the ry,
men responsible in this department of the Mere is,
and who had also been summoned, was calla' or
por
He was asked by the sheriff if it was by bisl
rangement and concurrence that Mr. Wilson' lica
refused the desired information. Mr. Pagan rePt
iu the affirmative, adding that, for his orin Par ijos
must respectfully decline to impart infortn°,„.
regarding the private correspondence of the,Pe;i4
merely because two parties, with whom the veto
had no connection whatever, chose to enter i° de'
lawsuit. That if such information could belitll
manded all confidential arrangements mad° 00
or by a public journal would he at an end.
sheriff ridiculed the idea of a newspaper havil opa
right to plead "confidential communication, 0.
after some debate stated that he would be SU.
pelled to send Mr. Pagan to prison also ads
replied that he was most reluctant to be ro
a martyr of, but, as he could not with integ '
rber
make the revelation which was demanded, n°, °trd•
course was open to him than to submit to his 10
ship's ultimatum.
At this stage ot the proceedings a private c° anti
ence took place between Mr. Pagan and the 9%1
ondeP
and it was afterwards stated in court that it 4
been arranged that the Herald's corresp as
should be asked whether be was disposed te:t100
his name voluntarily, the agent at the suns Jo
intimating that if the name was not given up 00
would act upon the warrant for incarceration.ff
this being intimated to the court the eu
readily granted an adjournment. We have belt° .th
formed that the gentleman who corresponded lf,lja
the Herald has not the slightest objection to no
himself known ; and thus, in the meantime; i"
case is at an end.

But this episode gives rise to a serious questo;
It is this.—Can the law demand that a newel*Pe,„;
or any mercantile company, or ordinary eilujoi
must give up the names of hose who have reVe
to then] any matter, under ►he seal of confide_ or
whenever two parties enter into a law-plea, rrlds
fictitious ? Sheriff Steele says that the Oa
" confidential communication " do not exjs,o,
longer, and all we have to set against this diet
i_ the
in the meantime, is the resistance offered "1,0,
Glasgow Herald, which, however, as will be °""
does not by any means settle the question.