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

TIIE LIBERTY OF THE PRESS.

(From the Seaman.)
We have just learned that a case occurred iu
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 Aer. It appears that
certain judicial proceedings which took place in ti's
Sheriff's Summary Court in Glasgow last summer,.
were narrated in ordinary course in the columns 01
the Glasgow Herald, and in connection with these
proceedings a civil lawsuit ensued between two
private persons. In the course of the litigation
the legal agent of one of these men thought he would
better his cause if he could ascertain the name e`
the person who had supplied to the Herald the in'
formation contained in that journal, it being under;
stood that professional newspaper reporters do 110°
usually attend the court in question. Certain WIT
bers of the literary staff of the Berald were accord
ingly summoned, about six weeks ago, to give tov
deuce before Sheriff Steele, but one of them vill°
attended respectfully declined, on being inter)"
gated, to give the name of their private correepoir.
dent, stating that, according to the invariable rule
of the office, the names of gentlemen communicat-
ing with the paper were never divulged, and that'
a
in taking this course, he was asserting Decessall
privilege, especially as the proprietors, while ue;
dining to reveal their confidential or private
operations, at all times held themselves respont.
e
tble for all the contents of the journal.
._— Th •
case was finally adjourned, the Sheriff IL`tl
mating that if the Herald was not prepare
to give the desired information at the net
diet means of compulsion would bo used. It Ola•Y
be remarked that the accuracy of the Herald's Ili
port was not questioned, and that journal was riot
mixed up with the lawsuit in any way.
The next stage in the business occurred 1145 t
week, when Mr. Wilson, one of the reporters f°'„
the Herald, appeared before Mr. Sheriff Steele, 1°
consequence of a summons, and was examined by
i
one of the agents. In reply to the demand for i,
SA
name of the Herald's informant be repeated
„Lk':
former declinature. To show, however, that ;
Herald was most anxious to avoid anything IP!,
contempt of Court, and willing to meet the
of the agent, so far as consistent with the good
faith they felt bound to keep with their corresP°lld.
dents, Mr. Wilson stated that he was ready to WA_
up the name wanted to the sheriff; not to be 115°:
publicly, but that his lordship might judge whether
or not that gentleman was at all likely to have and
other object in making the communication beyond
that of simply communicating a matter of fact to .
public journal. Sheriff Steele repelled this over,
ture, stating that he regarded it as an insult to
bench, adding that neither the Herald nor any
other newspaper had a right to plead privilege ;
the Herald not only was not entitled to withbo,,li
but was bound to give, the name of its confidetat'
correspondent ; that the course the witness Wss
'
4,_
following was obtrusive of public justice, and that'
in short, if the name was notgiven,Mr.Wilson n 21!;"
go to prison. This intimation did not move the if; r
ness, and, accordingly, a warrant was made out '‘)s
his committal to the gaol of Glasgow. Before Ife,
removal, however, Mr. Pagan, wo is the gentle'
men responsible in this department of the lieraid,
and who had also been summoned, was called h,
He was asked by the sheriff if it was by his o:ci
rangement and concurrence that Mr. Wilson ILA
refused the desired information. Mr. Pagan replied
in the affirmative, adding that, for his own part,.
must respectfully decline to impart information
regarding the private correspondence of the paPeiI,;
merely because two parties, with whom the Hera
had no connection whatever, chose to enter into ~.
lawsuit. That if such information could be olvii
I/1
manded all confidential arrangements made
or by a public journal would be at an end. 01:
sheriff ridiculed the idea of a newspaper having and
right to plead "confidential communication,' and
after some debate atated that be would be er,:
pelted to send Mr. Pagan to prison also. fir'
Pagan replied that he was most reluctant to be ni°,
a martyr ef, but, as he could not with integrar
make the revelation which was demanded, no other
course was open to him than to submit to his to
ship's ultimatum.
At this stage of the proceedings a private confer"
once took place between Mr. Pagan and the agell
and it was afterwards stated in court that it tww,
been arranged that the Herald's correspondeo._;
should be asked whether he was disposed to gr.
his name voluntarily, the agent at the same tuts
intimating that if the name was not given 111);,,
would act upon the warrant for incarceration.
this being intimated to the court the
readily granted an adjournment. We have been IP;
formed that the gentleman who corresponded with
the Herald has not the slightest objection to make
himself known ;_ and thus, in the meantime, the
case is at an end.

But this episode gives rise to a serious question'
It is this.—Can the law demand that a newspaper,
or any mercantile company, or' ordinary citizen,
must give up the names of those who have revealed
to them any matter, under the seal of coufidenee,
whenever two parties enter into a law-plea, real!.
fictitious ? Sheriff Steele says that the vrorup
" confidential communication " do not exist *a
longer, and ail we have to set against this dicta/et
in the meantime, is the resistance offered liy th°
Glasgow Herald, which, however, as will be seep,
does not by any means settle the question.