The Sun.
London, England, 1850-12-06 00:00:00

THE SUN,

generally conceded, that counsel were armed with a
coat of mail, and that persons who enter d into the
arena of the court of law with tie m came un-
tamed: but (hat ceuld not be considered as exactly
the position cf. the Duke of 13:Anew/la for, ui qu etieei-
-Pe-- ehly, his attorney tad prepared f r him whet wit. be
Q UEEN'S HictieiCii.—(T HIS DAY.) termed the weapons of off, nce or ot defence, in the thick
(Sittings at Nest Prius, at Wesimireter, be fire Mr. tell() volume which he had made such free use ot, and
ejtvticr EttLE and e Spectal Jury.) which had served him Llte the sevenfold shield ot
Ajex The Duke, therefore, came into court, net
TEE Dust; OF Bliu:gsWlCK V. YOUNG.
only h
at,,rialil at all
points, but with an ex-
Thie, was an action brought by the I.)ulte of Brunswie
en perteecet or the prcceedings in courts of law exteed-
against Mr. Murt.to Yung, the proprietor of this journal, ingtover a considerable number of years; and he bad
to recover ci.mp.n,,arii.o f,r eu alleged libel, published thus been enabled to put his case before the
herein on the 28 h Juue, 1849, jury iu the most tavourable way possible.
i'he disadvantage, however, which he (the
The Duke ef lirueswiek cenducte his own case in L. arued Couusei) laboured under by having such
perstai, two M • Yiu g, ,he de fE'll to if, Wa, ably ' repro- :nt,,,gentst was al.paik ni, and why, let him oak, had reit
seuted by Sir F Toe:si4•:r ~.tid el.. F. 'eau Jemes., QC. tn.- Duke resorted i 0 the assistance ot some of hie learned
friends whom he saw around him? It was not fir
The ;objet -,softer oi the atleee i heel was a leading
article which appeared in The Sun of the "S A 1 June, valet of means, for the Duke bad spoken to them
days of his large realms. and of his generosity 111 distributing 1849, commenting tio the trial in this court, a tew
t
previously, of as acian for an alleged libel brought by ,he pi oce•eds of previous verdicts, amounting to 8,0001.,
the Duke of Brunswick ayainst Mr. James Harmer, the aMor.gst the poor. He was nor, therefore, destitute of
means, like tome helpless creatures, who were compelled
proprietor of the Weekly Diipatch.
The Duke of Bauisswic slated hie case to the jury to appear in person. That was not the motive which had
K
is an address previoutly prepared, which he read from a governed the Duke on present occasion; his object for
appearing in person was a very different one indeed, aral large folio book, and which occupied the Court nearly
tate hour, in its delivery. He said this was an action when they looked at his manner 4,f conducting the ease
brought by him against the proprietor ot The Sun news-
nobody could doubt what that object really was. The
papa. for .s libel; but Lettere entering into the case itself imputations which he had cast upon the dead were
he was obliged, by pecuiiar circumstances, to make some of a painful and distressing character. Now, had he
preliminary remarks, the necessity of which the jury called in the assistance of learned couusel to viudi-
cate his reputation against slander, which he said had would Le able to appreciate as he proceeded,
been unjustly directed against him, no such imputation It was his unpleasant duty to state to them that he (the
Duke of Brunswick) had brought a similar action against upon the absent and the dead would have been allowed
another party besides the present defendant fur the or tolerated for a single moment.' Having
881110 libel of which he now complained, and that on the said thus much the Learned Counsel went
trial of that action, in June of the present year, he had on to observe that he would repeat a remark which
obtained only Is. damages. He,stated that in order that he made on a former occasion when the Duke was
the jury might judge of the injustice that had been before the Court. Suppose the Duke of Brunswick had
done him on that occasion, the lib,' in that action bar- thought proper to come before the Court of Queen's
ing been proved. The Duke proceeded to complain Bench for a criminal information against the pro-
or the interruption offered to him by Lard Campbell, prietor of The Sun newspaper for these very articles,
who tried the preceding action, which drove him (the suppose in his affidavit, or in his address to the Court,
Duke) to change his course te. the trial. He (the Duke) he had used or uttered half the slanders which
was obliged simply to negative the case of his enemies, he bad to-day directed, not only against the
having been ail need by a preliminary interruption on proprietor of the newspaper, but against other
the part of the judge, whilst the counsel of his adversary iudividuals unconnected with this inquiry, would
was, on the contrary, allowed full scope to say what he his application not have been refused, and would he
not have been deprived of a remedy by his own conduct? chose. The Duke was stating the circumstances under
which he had thought it his duty to institute legal Well, then, could there be any reasonable difference be-
proceedings against this journal in the former action, tween that case and the present, where, while seeking to
recover reparation in damages for a slander which he el-
and was adverting to the instructions of his counsel in
loges has been committed upon his character he assails the that action, when he was stopped by
Mr. Justice ERLE, who said he should feel it his duty reputation of the party he complains of in terms far
more unmeasured than those used againt him ? Could a
to inform him that the present jury ought to confine
their attention scrupulously to the cause of complaint jury
be found who would give damages under such cir-
cumstances as these? Now, that was exectly the posi-
which he had against the present defendant, and to ex-
their
in which Mr. Young stood with regard to the Duke of elude from their consideration everything in conne-xien
with the preceding trial in respect ot which he (the Brunswick upon this occasion. The jury, however, besides
c Duke of Biunswicte) had grounds for being dissatisfied. considering the unfair imputations, must remember that
an action was brought against Mr. Harmer for thin The Doax coutplaioed of being so restricted.
v. ry libel, and the special jury who tried that case
Mr. Justice EAU: sal what was (ejected to was his
conversation with his own legal adviser, and the Duke awarded the Duke of Brunswick one shilling damages.
isad Mr. Young republished this article after that
of Brunswick must be so good as pass that over.
The DUKE, notwithstanding the intimation from his verdict, there would be ground for saying that
Lordship, was then proceeding to recount the circum- he had exposed himself to serious consequences, but so
stances under which, in June, 1849 he brought en ac- far from that being the case, there was no republication
at all, and the article they were considering was the
lion against the proprietor of the Weekly Dipatch. In
very sense as that for which the jury gave the Duke a
respect of an article which he thought reflected upon
him, and which appeared in that journal so long ago ae verdict against Mr. Harmer, for one shilling da-
September, 1830, nineteen years before the trial, when mages. It was the same newspaper, the same
article, the same inquiry. But it had been suggested
Mr. Justice ERLE said he thought it better not to in-
by the Duke of Brunswick, that nominal damages only
terfere with the ceurse taken by the Duke of Bruns-
were given iu that case, because Mr. Harmer was not
wick, unless called on by the counsel on the op-
posiie side, and unless he saw s me great public the real author of this libel, but there was no foundation
for that statement. It was laid down by the Learned
inconvenience. Unless he (Mr. Jultice Erie) in-
Judge that Mr. Harmer was legally responsible to the terfered, the Duke would pursue his own course,
full eat nt ef the injury sustained for any libellous and he (Mr. Justice Erie) thought that would be
arida which had aepeared in The Sun newspaper, and
most convenient, being ateeired that the jury would only
it was upon that footing the jury proceeded in their
take iota account what was.really rekvant to the matter
estimate of the damages which the Duke had sustained
in hand. He was well aware of the extraneous matter
by reason of the publication of the article in question.
which the plaintiff' was introducing, and why the Learned
Let:the jury look fir a moment at the ingenious mate in Counsel for the defeedeet did not iejtet to it was, that
which the Duke, under the able advicie of his attorney,
in al probability he saw greuier ativeretages to himself
tied conducted thit case. The Duke had over and over
in the comments which he would afterwards make on
it .-- (Le unit ar ) egs' epelten •ti the vei dice ei 5001., welch he had ()b-
-athed against Mr. Harmer as the proprietor of the
The DUKE courinuA to read long extracts from articles
Weekly Dispatch. He had also referred to the motion
which appeared in the Weekly DiTutch in September,
for a new trial, and had attributed the success ciflB3o, and in subsequent years. 1 hose articles, which
that metion to the perjured testimony of the clerks ,and
said were libellous, were of considerahl, length, and
officials of Mr. Harmer, but in his declaration the Duke
stated substantially, and emurg other teine,s, that the
hid carefully ahsfailied f, um adverting to that trial
minions beceuee he was a c} rant and had by his conduct
Duke of itrutiewick had been expelled from his de-
or motion, and had carefully excluded all that portion of
outraged the feelings on his subjects, and that he had the article now c. implanted of, which alleged,
trampled upuu the laws, and been guilty of other acts and truly so, that the verdict had been ob-
which had to much incensed and irritated his subjects rained by false ,evidence, so as to preclude the de;
that they bad risen up against him, burned his palace, fondant from pleading a justification, as the ends
and expelled him from his dukedom.. The alleged libel, of justice in this case would seem to require
of which he now complained, was an article which ap- Just let him now come to the article itself, and to the
peered in The Sun of the 28th June, 1849, commenting consideration of the matter out of which that article
on the trial of the action brought by him (the Duke) arose. And here he must confess that he was not at
against the Weekly Dispatch, in that year. The Duke all disposed to accept the definition of the liberty
of the press laid down by the Duke of Brunswick.
proceeded to complain that that article in
He said the liberty of the press consisted in their being
The Sun repeated and exaggerated the libellous
matter contained in the Dis p etch in reect of which
considerable allowed to publish what they liked, and then they might
he had obtained a verdict and a,
amount of be prosecuted for it. Well that certainly was liberty of
damages. Our limits will not admit of cur reprinting a very extraordinary character, and looked to him very
the article in question, but the following are portions much like the liberty of a man who commits a felony, or
of it, of which the Duke most strongly complained : any other crime which he was quite at liberty to do,
" Long and deservedly has this country boasted of its but then the consequences would undoubtedly follow,
capacity for affording shelter to the ' refugees' from all and he would be punished for it. But this was not
the other dominions of the habitable globe. Long has the liberty of the press which he recognised. He had al-
the nation prided itself upon that social security, and ways considered, and no doubt the jury were of the
that constitutional freedom which have rendered same opinion, that there was certain ground which was
England the haven of those unfirtunate persons who public property, which belonged to the public at large,
are expatriated either through the ungrateful fickleness and over which the public journalist may range
of same continental race, or through the vengeance of a at his pleasure. The newspaper writer may form
whole people, rising to vindicate their outraged nationality what notion he pleases of public events and of public
by punishin wab one sudden std awful blow a character, and he may express himself in the sttoegesi
g
protected reign of enormities. Betweenand most unmeasured terms. True, if he invades the
those very op-
' postte classes
of fugitives England draws no distioction Privileges and privacies of domestic life, or if he assails
whatever in so far as the circumstances of affording private character in any way, he is amenable to public
them alike a place of repose is concerned. The justice; and no matter whatever position he (the Leaf nett
objects of execration find themselves as freely Counsel) might fill, whether as the advocate or the coun-
sel against him, he would never shrink from avowing hie
adraitted to participate in the advantages afforded
by our institutions as the men entitled to general opinion that the journalist ought to be brought to ac
sympathy and reverence. Whether it bo,with a view to count for private slander unless he ceuld justify the
slander by showing that it was true. He
assuage the griefs of the latter by commiseration, or to
should be otherwise made to answer for it in
facilitate the expiation of the guilt ef the .
firmer
.. by
but it, while confining
affording them an opportunity' fete fullest measure of damages;
of repentance, certain it 1
that Great Britain is accessible at all ;Mies to the political himself to his own legi imate and undoubted province
'halm and the political criminal, irrespective of all creeda of referring to merely public events and public cha-
. if he should take an erroneous view ot
of all countries, of all coleurs, of all policies, of all anti-
ratters, teen
pachies, and of all predilections. Red Republicans, anti public affairs acid public conduct, and should express
Conservatives, and Aristocrats, each find iu England himself in the moet unmeasured language, ho was free
fuge from the pursuit of difficulties. Princ re-
from blame, or most uudoubtedly his notions of de
e Mateernich
and M. Louis Blanc, the Count oe Neuilly and M. Mate liberty of the press were entirely misapprehended,
Caussiosere, Sig'.ur alitezini and the Prince 4.f Prussia. Well, then, taking that for the rule, let then.
turn to the article of which the Duke of Brunswick
Don Miguel arid General P. pe, tat Cuticle de Moe temolin
complained of, and apart from all tortured construe-
and General Etpartero, Prince Louts Napoleon and
M Lion and meaning, which he bad endeavoured ti. Guizo., among a multitude of others, hove, from tie e
fix upon particular expressioas, he (the Learned
to time, hurried over trout thecontinent during these mo-
menes of peril when the, shelter of the United Kingdom Counsel) would dtfy any dispassionate mind to come
to any other conclusion titan that this article, from be-
resistiblepresented to the wearied awl the pa-ire-stricken, au ir-
te end, wiih the exception of that part white',
teecivalion. And one arid all have been ad-
refers to the turner action, was directed egeinst the
tented with the tamecordiel and indieerimivatefietuknets
within the guarnian bulwarks ef ear renowned and public character of the Duke +:f Bzunswick and his puhlie
matchless cotistitution. It was felt fur the ax-Duke ef Letts, and to the opinions and judgments white.
Brunswick to attach an additional notoriety to a name his contemporaries had formed, arid what posterity
already sufficiently nutorious, by being the first to repay would form, with regard to bis public character, sue,
this national generosity by a petty cotton agairat a the part he had taken in public events. It must have
journalist—an example which, arnoNg kindred refugee., been startling to the public to be informed that the pub-
fisher of a libel which appeared in a newspaper boar
may prove so tar eetitagious as to he iiieugunitive orts
nineteen or twenty years ago, before the action was
system of continual annoyaece and exteritoti; a result,
by she it; ay, not at all iinprobable, seeii.g that the verdict breaght, could be rendered liable for damagestto the
given on Titealey wilt act as a lure to those
who, be. extent of euel. In ruch a state of things the proprictoe
sides finding in suns actions a means of gratityifig their of a newspaper became responsible for the acts of his
own evil and more ignoble passions, may perceive predeceesert, while it should be kept in mind that a
libel published so far back as nineteen or twenty
in them a method ot replenishing their attenuated
years was. not I.ke a slander being published al
purse's, and at wow:reify tuaprovilig their ddapideted
fortunes. By- such a proceeding butt, ring upon the the present time, and scattered all over the
country, working its effect at this very period.
selves as bound by the b
very race to whom they should have regarded them- country,
rule so laid down tceame particularly startling
ends of eternal gratitude ! In
and alermieg to the proprietors and editors of news
Buena meet as that of the ex-Dtike of Brunswick, the
veracity of the old axiom—the greater the truth papers, coupled as it was with a verdict giving such
the greater the libel —h extraordinary damagee, and he for one was not surprised
t,comes more than ever and most
paiutuil that the editor of this paper felt himself called upon to
y perceptible. Since the fiat instant of his ex-
make some strong observations upon the case. The ar-
puleion from the dominions of his ancestors, the public
tided of England has not hetitated ae to the cal, nder title in gut china, then, was upon the subject of that very
eerdict, and under the circumstances be had already stated
upon which eheuid la, imeribeet !be name of this p.r-
sonage—wht titer ennui g the ptaipcgi victims or
among it ought net to he ccnsideaed at all strong. Having in•
the political critniUals.' trodueed the Duke of Brunswick through the verdict,
That was rte most important pert of the libel; but the the article proceeded to comment upon his
writer continued 83 follows public coeclect and upon the opinion which was
; " Unless he (the Duke) may be solicitous to proced entertained of him by his contemporaries, and
as upon a rather profitable ept upon the judgment which history would form ofculation in his attacks on
character. The Learned Counsel then proceeded
the liberty of journalism, we should suggest to the ex- his Duke ot Brunswick the propriety of withdrawing to read the article through, sentence by sentence,
into
his own natural and sinister ' . ''
uoscurity. commenting up( n each as lie went along with the view
The Duke drew the attention of the jury to the fact that of showing that it had reference to the public and not
the wordthe private character or conduct of the Duke. He must,
" eatural" in the pessage rte had just read way
printed iii italics, and added that the word "own," which he continued, press the latter part of thearticle upon them
preceded at some length, breathe the Duke of Brunswick bad
rounding a it, was printed in larger leers than the sue-
brought it eqeeciully under their notice, and had en-
tended
he con- the inference to be drawn from the words deavoured to t xcne a strong feeling of prejudice in the
~
his own natural and sinister obscurity '' Bo minds of the jury by insinuating that the
printed, was that he (the Duke of Br :wick)l al
words imputed to hi'unnat ural practices. Undoubtedly,
was addicted to the practice of an unilateral crimanes.This if there were any foundation for such a conclusion, a
sentence, to intepreted, he siibmitted, was a clear libel, prejudice so excited would be just and proper; but what
was the " unnatural and sinister obscurity" of the Duke
for which he claimed a substantial compensation at the
Ininds of the jury. He disclaimed any intention of of
_Brunswick who had been hurled from his throne
by his offended subjects? The Duke, let it be borne in
'' gagging journalism," or of interfering with mind, styled himself the reigning sovereign, Duke or
the liberty of the press in this country ; but Brunswick, and of course at present the position he oc-
the liberty of the press was surely great enough copied was one of natural obscurity,: of private lite.
wt hen it was not only allowed to permit the truth, but That, no doubt, was the meaning to be put
to permit calumnies, which, in many instances, were upon the words, but if the jury entertained a
tten times more painful than the wounes of an assassin. different opinion, or thought the tenor of the article ex-
wetdhought the liberty of the press consisted in being a--
to print
.whatever a man liked but h , e must be pus i
creded the limits of fair commentary upon public events
Wished for it afterwards, .
ds. He submitted that there could be ant public diaracter, of course there was no alternative
no doubt that the article but for them to find a verdict fur the plaintiff.
published uuderthe in qui wion had been written and
motive& .
ibis libel influence el: bad feelings and bad The Learned JUDGE,' in summing up, told the jury
put forth wan nottwish or de- that the general rule of law, with respect to libels, was
sire to avenge mankinwdas
et put. only wiih tie view of an- that any publication ending to expose another to the
Laying a; it seriuuely
much prefer ail ji,dge
uirtiiiuirring h In. He' should v, ry uatred, cone mpt, or ridicule of the public, was a libee
him on the and would re rider the authur of it liable to such damages
spot to the pueosnifig of such a -bill"thg corcerning him. as, in the opinion i. f the jury, wuuld sufficit fitly compentatte
Some foi met proofs we-re g
this; iven as to l i
Ir. Your,g, the the party injured, unless that publication could be
deleudant, aeon; the proprietor of •
journal; aid that brought within, some of those exceptions which limited
was the plain :ti's ease,
the ger eral pre p. siticn. In regard to those exceptions,
Sir 'r.
,F. ~IILSIOi;R commenced his address fur the de h
ee observed that by the England full
y the law of
lea .et, e; e . . ;
y reitaneing the juey of the e ee-known adage, free c- mmeiit on the public charateer of those
that a person who was his own counsel had a fool the
held public situatiuns was permitted, if
for his client, but it was not uppliceble to this case, theey i'astetrye mwebiki.ittguedsudCh comments btl eve d that
because, although the Duke I,f Brunswick had thought actuated by private malice, butan d e wase.e t
ht
eomt at the
the
ee s time
ir.t
proper to claim the r symt a-hies by .reason of of
th.Airness, because it was this exercise of the freedom
his being opposed by an advocate who was ofu
i:troepresft whichw had a wheleeeme effect upon public
hog ever, for the party complaining of
ateuse meet to be rules of t ou:ts ot j:s ice, he thought the libel to satisfy
eusryaritd thatteethe writer was not
if er what trey ha-1 witnesse d in the progress of the ! acting in a spirit of faire:l; misty, and that he
•ca •e the jury woele not be (hip aed hastily to &deer that ; availee himself e f the protection thus afforded by law to
conclusion, So far from a party who appeared: in per- ' puthlic jotircals as a cloak for the juetificatien of his iil-
feeling, and ianleatxset tirtedt so the defentautt against where
20n being ixposcd to any dieadvaatage ire • such
! he proceeded to
titolidvanthe verdict. In the pree.ent
• content; with- an 'a _'vacate, he heed generally found ;
genera .71 • case the libel was a
_1
trial g article in the shape t• o a C. 0121.,
that then was ir. h meat ''' • former which it taken'
._: nc m...r0 sympathy moved upon a had place in that
favourl,_ of a person in that position; than for tile advo- - Court, and in which a verdict was found for the Duke of
""' who wag oilkisal -to him. . Nevertheless; it wits) Brunswick in respect
_of an article published iu the

*
•••4; %PIC ,r
*.J.

et:zoca
" Z. 4: *.

SEII.I 01714 CE, Seven o'Clock.