The Sun.
London, England, 1850-08-10 00:00:00

ASSIZE INTELLIGENCE.

HOME ClRCUll—Guildford, Aug. 9.
CIVIL SlDE.—(Before the LORD CHIEF BARON.)

PELLATT V. STIFF.

This was an action for libel.

Sergeant Shen and Mr. Bernard were counsel for th 3
plaintiff; and Mr. M. Chambers, Q.C., and Mr. Lush for
the defendant.

ac-
tion was brought against the defendant, who is the pro-
prietor of a cheap publication called The Weekly Times,
The plaintiff in this action is an attorney, and the
to recover damages for a libel coutsined in that paper on
the 26th May last. This case occupied the Court a con-
siderable time, and the circumstances under which the
action was brought created a good deal of merriment.
It seemed that the plaintiff, although at the prssent time
he was represented to be carrying on a respectable busi-
ness as a solicitor, was for several years connected with
the establishment in Bow-street, known as the Judge and
Jury Society, presided over by Lord Chief Baron Nichol-
son, which is the title adopted by the president, and he
was known there as the " double" of Lord Brougham,
from the peculiar faculty he possessed of mimicking that
Noble and Learned Lord. He had, however, given up
this pursuit since 1843, and since that period he had
devoted his attention to his business of a so-
licitor, and practised at the different county
courts. It happened in the beginning of May,
that a person named Dale, who was in the service of
the dereadant, summoned him to the Westminster County
Court for a week's wages, and Mr. Pellatt attended in
support of the plaint, which, in the result, was dismissed,
and on the following Sunday the article appeared in the
defendant's paper which formed the subject of the pre-
sent action. This article purported to be a report of the
case at the county court, and was headed, " Lord
Brougham in Court," and it then represented that upon
Mr. Pellatt appearing as the advocate for the plaintiff,
the judge asked who he was, and the usher replied that
he was Lord Brougham. A supposed dialogue was
then given, in which the usher was represented to have
contrived to style the plaintiff " my lord," and upon the
question being put to him where he resided, the plaintiff
.was represented to have replied, "Go to the devil,"
amidst roars and shouts of laughter. The attorney,
who appeared on behalf of the defendant upon the occa-
sion, was also represented to have reminded the plaintiff
that he was in St. Martin's parish, and not in St. Ste-
phen's, and the judge was reported to have rebuked the
plaintiff, and to have told him to conduct himself pro-
perly. This was the libel complained of, and for which
damages were now sought to be recovered.
Mr. F. Bayley, the Judge of the Westminster County
Cana, and the Chief Usher, were examined, and they
stated that none of the circumstances referred to in the
report actually took place. The usher, however, ad-
mitted, in cross-examination, that when he saw the
plaintiff he might have made the observation in a low
tone that he was the Lord Brougham of the:Garrick'.
Head.

Mr. May, the attorney for the
to produce a letter sent by plaintiff, was then called
iess o
him to P the defendant.
Crud-eximined—Witness on
went to the Judge
and Jury Club, in Bow-street, cl)
Baton Nicholson presided. Thuete
they were drinking brandy-andewa,teri re
wa cnaudsr is las ha edf
lied functionary"
oking.
Mr. CHAMBERS.—I believe the , e
who presided was also drinking brandy-and-water
smoking 2--(Laugh ter.) Witaeas—lknow that he had
and
a Bihar in his mouth, and I have no doubt that he was
drinking also.—(Much laughter.)
Mr. CHAMBERS —Did yuu hear the names of any of
the counsel—Mr. Busanquet, Thesiger, for instance?
Witness—No, I did not.
Mr. CHAMBERS—Do you recollect what cause was
being tried? Was it an action fur libel against
"Little Puddleton Gazette and Flying Plemen,Evenin
the
Post?"—(Much laughter.) Witnees—l do not think igt
was a libel. I believe it was a case of cr.
im. con., or
something of that sort.
Mr. CHAMBERS—Did you see the plaintiff perform on
that night. Witness—No, lam sure he did not. I was
not aware that be had ever acted at the Garrick's Head
until after the present action /vas commenced.
Mr. CHAMBERS made a moatl humorous speech to the
jury on behalf of the defendant, and the audience wore
in a roar of laughter during a greater portion of his
address. He characterised the action as being of the
most contemptible character, and he asked the jury
whether it was not really too bid for a man who for
years appeared to have got his living by ridiculing others,
without caring a farthing for their feelings, or for those
who were connected with them, should lay hold of a
simple squib like the article in question, and bring his
action for libel, and ask for damages for injury that it
had occasioned to his character? The nature of the
judge and jury society at which the plaintiff enacted
the part of " double" to a noble and learned lord
was pretty clear, and there was no doubt
that its object was to excite ridicule, and amuse
the visitors by so doing; and surely if the
plaintiff chose to put himself before the public
and enact the part of Lord Brougham for their amuse-
ment, he ought not to complain if at a subsequent
period a newspaper should ileciihc him as it had in this
paragrap'a, "Lord BrUngilaiii in court." Tiie more ridi-
cule the plaintiff occasioned whila personating Lord
Brougham the more the spectators laughed, and that was
the object of the whole proceeding. Not only the
Learned Judges, but the counsel and jury, sere all made
the subject of ridicule' and it appeared to him that he
or any of his learned friends might just as well bring an
action far a libel against the parties who personated them
at this judge and jury club. as for the plaintiff to bring
his action on the present occasion. The Learned Coun-
sel concluded a very able speech by Calling upon the
juiy to treat such a case as it deserved, and he said that
if
,they, should tea themselves compelled to find a verdict .1
fur the plaintiff at all, he was assured they would
give i
as damages the very smallest amount possible.