The Sun.
London, England, 1826-12-06 00:00:00

LAW INTELLIGENCE.

VICE-CHANCELLOR'S CO U RT. —( Tui a DA r.)
',ALL A. ROOK 11.
LONGMAN AND CO. V. DVODALZ.
An injunction was granted to restrain the defendant horn
printing or exposing for 'ale any copy or copies of the poe►u of
La la Rookh, upon the affidavit of the plaintiffs that they had
the exclusive copyright of that work.

COURT OF COMMON PLEAS—(Tats DAY. )
WIM V. NAST.
This was an action for assault. The Jury found for the phi]
:if—Damages 40a.

COURT OF EXCHEQUEIt—(Tms DAy.)
Sitting. in Nisi Prius, before the Loan CHIEF BARON.
LIBEL IN THE " TIMES" IN THE CASE OF THE
IDIOT SMITH.
5111TH V. MUNE.

This was an action for libel against the editor of the Times
newspaper, by the brother of the idiot George Smith, of Muckle-
tone Wood.
The libels complained of were published in the Times of Fri-
day, February 10, and Friday, March 9, in the present year.
Mr. CAMPBELL addressed the Jury on behalf of the plaintiff.
The libels were taken, the tint from the Salopian Journal, the
second from the Birmingham Chronicle. They were of the
most dreadful description, and, when published •by such a paper
as the Times—a paper that was conducted with groat
talent, and which generally had the credit of great accuracy—
when published in such a paper as that, so much the' greater
was the misfortune of those who bad been libelled by it,
as its talent and its accuracy obtained credit for the libels with
every person who read them. The libellous account in that paper
could not be read by any person without indignation against the
perpetrators of such cruelty. It must be the subject of conversa-
tion of almost all persons, and among them the Juries and the
Judges; and though our Judges were men of the strongest minds,
and less likely to be influenced than any others, yet they were but
men ; and the Learned Counsel again stated hie conviction, that
no person, however great his experience, could read, or hear of,
such a statement as that published in the Times without the
strongest feelings. The Learned Counsel then read the libel,
which was.as follows

CASE OF tIOR RID AND BRUTAL. ATROCITY.
(From the Salopian Journal.)
"In giving the following outline of a case of unheard-of and un-
natural cruelty, we suppress the names and residence of the liar-
ties, as the case is in a train of legal investigation. A brother
and sister reside near the northern border of this County, whose
father died about fifteen years ago, leaving seven children, four
sons and three daughters; one of the sons, was, unhappily an
idiot. The father,. by his will, bequeathed to the brother and
sister, the sum of 1,5001. in trust, the interest thereof to be applied
to the maintenance in the most comfortable manner, his unfortunate
situatiou would admit, of his deranged child. Immediately after
the death of hie father (as is alleged) the poor idiot w:.. locked
up in a small dark room in the house, where he was daily
fed like a swine, through a small aperture in the wall, for
a series of years. About eleven years ago the brother and sic-
ter gave it out that their unfortunate brother had died, and
was buried at a distant plat*, in consequence of which the
family went into mourning for him. The brother and
sister then spread a report that their house was haunted, in
order to deter persons from visiting it; however, a servant girl,
who had been with them fourteen years, left them a few days ago,
and went into the service of • Magistrate in the neighbourhood,
and communicated the above circumstance. The Magistrate
took immediate steps, and, with a constable, he went
to the house, and requested admittance. This being re-
fheed, he hunt open the door, and found the unfortunate object of
their search in a place of total darkness. They procured a light,
and discovered the miserable victim of atrocious penury crouching
in a corner of the room, his hair had grown all over him to
the length of three or four inches, he was become quits
deformed, and shrunk to little more than a yard. in height
—When his father died, he was iu person a well-made and
tall young man. Blankets were procured to place him in, but
when the constable went to wrap them round him, he sprung at
litm and bit him in the cheek, making a horrible and unintelli
gible noise. Us was, however, brought down stain, and con-
veyed to the Staffordshire Lunatic Asylum, where be at present
remains." 4

After finishing he made some powerful and severe remarks upon
it, On siteh a libel as this being published, it was well known
what Ives the anxiety ofevery person to discover the names of the
persons alluded to by it, and he (Mr. C.) contended that every
person who had read it, and was acquaiuted with the pliiiitifir

must know that it alluded to him and him alone. It was rapidly Scarlett) would waive his objection if his Learned Friend vroul
distributed among those who did not know it, which made it im- i put in a full account of the trial.
possible for the injured individual to hold up his head in any 1 The Cuter Barton knew several instances of such publics.
society. Every one was interested in reeding and discussing an : tinns being admitted, in order to show the malice of the partie
account where a brother had been so inhuman as to lock up another ' or the quo animo.
brother in a dark room, and instead ofnourishing him like aChristian, Mr. SCARLETr said that publications subsequent to the alleges'
caused him to be fed like a swine ; who had kept him in such a libel might be admitted for the purpose stated by his Lordship,
state of filth and nudity that the Constable could hardly enter the providing,they took place anteriorto the bringing of the action,
room for the obstruction of the filth, and that the hair had grown but not what appeared subsequently, as the latter would form a
all over the body of the unfortunate idiot to the length of several subject of a separate action,
inches from suffering in a state of nakedness, and that when the The Cone Berton would not allow the paper to be given in
constable weut to cover him with a blanket, he flew at the latter, evidence, but would give the parties the benefit
of it elsewhere, if
bit him in the cheek, and made an unintelligible noise of a horrid they thought proper.
description. Such an account would raise the publication of a This was the snarl fur the plaintiff.
paper to the greatest degree. Everybody would run for a copy of Air. SCARLITT addressed the Jury for the defendant, thous}
such a libel, and he (Mr. C.) much questioned whether any damages he should admit that his Learned Friend, Mr. Campbell, wee al
they could give would amount to the profits which such an injury competent as any other in the profession to manage this case, yet
on the plaintiff would bring to the Paper by the increased sale and he looked on his elaborate statement and evidence taken together
circulation. Not content with publishing one libel, they shortly to be like the fahle.of the Mountain and the Monst, much ado
afterwards published another on the.loth of February, professedly about nothing. From his Learned Friend's statement he ex-
as a correction of the first, but so far from being an apology or a petted that a dozen witnesses at least should be examined to
correction, was in fact a confirmation of the first in all the mate- prove the facts therein mentioned ; but to his great surprise
vial facts, and an addition of more libellous matter, which conside- lie brought only a single witness, who proved nothing.
rably inflamed and aggravated the case. They then stated the His Learned Friend had stated that the 'publication complain -
unfortunate idiot had had his thigh broken, and that it had been ed of contained a picture an extravagant as outraged probe-
left to reunite by itself. Such - atrocity was not to be equalled bility, and that if represented in the form of a tuelo-drama
in any record; it was, for the honour of human nature, not to be on the stage, it abounded with such absurdity, that it would be
equalled even in fictions, and if a person Was to -make up classed among the same specks as the " Fairy Tales." Yet, not-
e melo drame, or write such a scene of horrors in a romance, he withstanding its inconsistency with probability, notwithstanding
would be blamed for bad taste, as it was too atrocious even for that it was of such a character, that no person could believe it,
the stage. Another fact to which he begged leave to draw their his: Learned Friend had stated, that his client's character has
attention was the one stated in the libel, namely, that it had been been ruined by it ; but with respect to the real merits of the case,
given out by the plaintiff; that the unfortunate idiot had died and he adinitted,with his Learned Friend, that when a publication was
been buried at a distant place, and that the family had gone into likely to excite prejudice, or to inflame the passions, the partieulat
mourning for him. Such a falsehood would make all who read details of a case ought not to be published in a paper which
it shudder. The Learned Counsel then read the second libel, circulated in the neighbourhood, from which the Jury was to be
which was as follows :.-•.. taken to try a cause relating to the subject of that publication, but
BARBAROUS ATROCITY. he would not go far as to say that Editors of Newspapers should
(From the 15'irminghani Journal.) refrain from all remarks on subjects however atrocious, that were
" The account of an atrocity discovered on the borders of likely to come before a Jury. If his Learned Friend's doctrine were
Shropshire, as copied into the Birmingham Journal from another true, an editor of a newspaper would be liable to be indicted by any
paper, is not, in all its particulars, quite correct. The cir- thief or robber in the Old Bailey for noticing his committal, if his
cutustauce is no secret, since it is made the general topic of trial were to take place at any time after such notice. It would
conversation throughout the neighbourhood. Muckleston -wood be very dangerous to lay it down as a rule that the preen
is situate about a quarter of a mile front the Loggerheads pub- should refrain front ex-parte statements in all tonne
lic-house, at which the two turnpike roads front Eccleshall though ho (Mr.' Scarlett) would admit that in several to Woore, and from Newcastle to Market Drayton, cross each cases such statements would prove injurious. He agreed with
other; and the house which is large, and of respectable appear- his learned friend, that libel, which affected the honour and
once, is inhabited by two bachelors and a maiden sister, of the character of individuals, whereby they incurred damages,
name of Smith, and the lunatic is Stick elder brother. The corn- were fit subjects for actions, though the libellers did not
munication was first made to a Mr. Eld, brother of the Ma-
know the individuals, and consequently could not be
gistrate of that name, and he, with the Reverend H. D. influenced by malice; he admitted this to the Oiliest
;
Broughton, a Magistrate in the neighbourhood, accompanied by extent, providing damages resulted from such publication
the constable of Aluckleston, broke into the garret where the but no such thing appeared in this case, there was not a tittle of
lunatic was confined. The (try which he uttered, on beholding evidence to chew that the plaintiff had sustained any damage by
the light, was that of horror; but it does not appear that be bit this publication. The plaintiff had brought actions and recovered
damages from two newspapers, which circulated, in his own
the constable. Indeed, such was the stench that issued from
the room, that the parties could not enter for some time, neighbourhood where he was known and was likely to sustain
and when they did so, it was by ascending a pile of filth, which an injury from the circulation of such a report, with
had accumulated to more than the height of a foot. His body is that he outtht to be satisfied, as this was no more than ais re-
not overgrown, as absurdly stated in the papers, but his beardpetition of the isaine libels. He (Mr. Scarlett) could net sub-
scribe to die doctrine laid down by his Learned Friend, that by
about five inches long, his hair hangs about his shoulders, his
nails have grown to a prodigious length, as from a con_ law, a person might indict another for a libel on a MAD who was dead.
filsernent of fifteen years may be reasonably supposed.
As long as he (Mr. S.) breathed, be would oppose such a doctrine.
Prior to the time of incarceration he was so far rational as to If any man were to quote a paragraph out of Home's History of
drive the cattle and do errands, and could give a direct answer to England, reflecting on the character of any of the ancestors of the
Jury, according to the principles laid down by his Learned Friend,
any plain question, though he now seems to have lost the powers
of speech and reason ; his sense of hearing, however, has been the man quoting such a paragraph, would be liable to be
indicted by any of the posterity of such ancestors as a libeller,
proved to continue, by experiments made since his removal to
the County A.ylunt at Stafford. The poor creature was the doctrine was too absurd to be entertained for one moment.
found in a state which may be considered equivalent to The law respecting such subjects was this, if a man spoke words
nudity, and was unable to walk erect ; his thigh has (in themselves actionable) respecting another man, which he said he
been broken, and has been permitted, it is supposed, to reunite had heard from a third person, if he bad really heard such words frotn
the third person,he was not liable to an action for having spoken them
dered his situation more deplorable, as he cannot have had any ,
of its own accord ; .this circumstance must have ran-
if he could not prove that he had heard them from that -third
means of procuring sustenance, but that of receiving the provisions person, he was subject to an action. With respect to the libels
furnished by means of a slide inverted in the partition or wall. in question, the Editor of the Times gave them as quotation* from
" Mr. BROUGHTON, with becoming humanity, has exerted other Papers, and not as true, or that he believed them to be true,
himself to obtain for the lunatic the highest legal so that if the plaintiff wished to punish the anthers of them,
advice and protection ; and it is generally understood he had a full opportunity' of doing so, but be ought not to seek
that his (Mr. Broughton's). conduct is likely to afford matter for damages front an innocent party. If the Jury were of opi-
the prolific genius of Mr. Charles Flint, the confidential friend of Mon that the fact of their being quotations did not protect
Lord Stafford Cooke. Such are the correct particulars of a case them from being libels, the only question then for their
which, to say the least of it, has filled the county of Stafford with consideration was, the amount of damages. It could not
astonishment." be endured that Mr. Smith, who recovered Images from
What Mr. Scarlett could offer on the part of the plaintiff, he newspaper proprietors in his own neighbourhood, shenld also re-
(Mr. Campbell) could not imagine, but there were only two cover damages for the publication of the setae libels in London.
courser to be pursued. Perhaps he might call witnesses ;if so, be Was he not sufficiently recompensed by the damage* which he had
(Mr. C.) would have the honour of replying. If he did not, already received? The fact was, this action did not originate
and depended for the excuse and palliation of such atrocity on with Mr. Smith ; there was a clam of persons who gained
Flint, the plaintiff's attorney, should not also bring. actions
theit livelihood by such actions, lie raw no reason why
Mr.
cautioned the Jury against his superior eloquence. Tlie plaintiff
ingenious observations, and an eloquent speech, he (Mr. C.)
had proceeded in the fairest manner; instead of an information, against all the papers in England, and foreign countries which
he had entered an action, which gave the defendant an op- copied the same paragraphs, for though he might not recover da-
portunity of justifying, and, by the laws of England, any per- mages, he would be sure to have his costs, and if any newapeper
son who proved the truth of such libel could not be liable to heavy should publish the remarks which he (Mr. Scarlett) ha 4 now made
damages. He had not, however, taken that course, but had respecting Mr. Flint, he would not wonder if Mr. Flint would bring
pleaded the general issue, by that means admitting that the libels an action against it. The Learned Counsel having indul-
were false. Perhaps his Learned Friend might say that the de- ged in a long eulogiu . i on the manner in which the rimer
fendaut had no malice. But was that any compensation to the Newspaper was conducted, submitted to the Jury, that
notortunate plaintiff ? It had been circulated in every part of the considering that these paragraphs were only extracts from
Empire, and probably in every part of the world, in every lan-
Country Newspapers, and that the defendants could not be
guage. When a libel was published in a country paper, it circa- influenced by malice er any other unworthy motive in pub-
hated round the spot. where it was published, and was beard of no belting them, and Old the plaintiff had already recovered
more; but when repeated by such a Paper as the' Times, it was sent to damages for the same publications, (if they, the Jury, should be
of opinion that the Plaintiff was at all entitled to a verdict,) they
every country, and the person libelled was held up in all parts of the
should give no more than nominal damages, as that would satisfy
world as an atrocious offender, and abused indignantly by all who
knew him, or by all who heard of hint. If his Learned Friend
the object for which the action was brought, namely, the attor-
pleaded that it had been taken from another paper, the Jury must "Ys coats.
consider whether the well-known and generally considered ac-
The Loan, Cum BARON then charged the Jury. lie eb-
served, that the fact of the defendant not having justified, con.
curacy of the Times was to confirm a libel published by another,
vexed an admission that the libels were false. He had no doubt,
calving the punishment justly due to such an act of in-
comparatively insignificant Paper, with all its weight, without re-
from the testimony of the witness, that the libelerapplied to the
justice, sending it as truth to the world, to the ii re
plaintiff. He then read and commented on the strongest parts
of the libels, °Nerving, that they were of the most atrocious
tie-
parable injury of his unfortunate client. The Counsel then called
scription. A charge made against one brother for cruelty
Thomas fling, who stated that he knew the plaintiff, Mr.
William Smith ; he was a farmer, and had lived at Mucklestone to another was perhaps the most severe that could be
Wood all his life ; knew the libels applied to him,
made, and, if false, deeply affected his character. He considered
Cross-examined by Mr. Scenerre.—Knew the libel meant.
1,-usnthat-tehme greatest enemy to the Liberty of the Press was its liven-
and an individual might as well lay his house open to
Wm. Smith and not his brother, because Win, was the master of
burglars, as not repel and punish libellous charges of this dee
the house—there are two brothers living in the same house; peo-
ocription. It had been said that it wits no offence to give charges
plc in London would not know that it applied to William Smith.
Mucklestone Wood was twenty miles from Stafford, and thirty from of this nature a more extensive circulation, because they had been
Shrewsbury. Only those persons living near the plaintiff would originally published in another and inferior journal. The
know that the libel applied to him. He first saw the
paragraph ntere repetition was an offence to God and MU. It
in the Times yesterday; had seen time libel in the country papere; MS well known that the Times had a great ~iicalation,
but could not say exactly when lie first saw them, and he considered it a very respectable paper. lit that view
therercee it was an aggravation of the offence. It was lending
Mr. Scant.trr here tusked the whom if he had seen the libels
in the Salopian Journal, and the Birmingham Chronicle Y its weight to the most injurious libels, which would gain credit
with all who read them, by the great confidence placed in the ge-
Mr. (ItXtPRELL objected to this question. It would he giving
neral, accuracy of that Paper, which would not be the case, ifpith-
parole evidence of its having been published in other Pa en.
dki
itutteoh
petyahpeenro,tandwsonit;
fill
lished in a Paper notorious for libels. Was it nothing to re-publish
Mr. Scatterer replied, that Ids Learned Friend had tnede in
hint itch a libel in the Times, which had a more extended circa! ti t
the opening a great many observations, which were new to
(Mr. Scarlett) in the present case; and he intended by crass-exa-any other Paper? then'
never either seen or read the Sulopian Journal. It wee not
takPetileB4" t en
would
be,e
initiation to meet them. '
, enough for them to say that they bore no malice towards
The LORD CHIRP* BARON observed, that, if Mr. Scarlett
wished to prove the transcript of time libel from other papers, it that Plaintiff,
would be more regular to produce the original paper.
mii the
iltnyi
tdtuun duty to
oai n
htplaintiff.
themselvesfavtnTotitm
fe taoint
its
eill the
avl lnpugus l
been icl
deserved, such unmerited calumny. The t' h punish,
asl
Journal, but to estimate the injuries sustained by the plaintiff' and
thatfonnt 1;1 e raen idvettee
the damages that would compensate for such injonsintieteh-.* Sal*:'
4
w i
tt IL; Swc Ai
the t.
exoTiris theni(lla
bpi
eu t
hesitation,lais qu tt io natiinswaenroetdhei•
such papers as the Salopian Journal and the Birmingham
The Jury retired at half-pen twelve o'clock, 'and remained in
Chronicle; hut that the plaintiff had never complained to him
about the libels in those papers. Mr. Smith had never told hint
lidlahmilar zwagthaiiongstaboonue,t
it. Witness
sthgeatiwihtethhe
deliberation until five, when the CHIRP BARON came into Court,
knew him well and lived about a mile and a half from him ; had and sent for them to know it' he could be of any mistimee to
frequently taken tea with him ; but had never mentioned any Fyn'
thing to hint about those trials. Mr. Smith told him to come into
4:ithreercr heardMne4voerotlo.
The Foarmart said that ten of them agreed to give 5 "rdit't
that box, but did not tell hint why ; could not say when he had for the plaintiti—llemages One Farthing; but that the other two
first read those paragraphs, whether it was since he had come to were sticking out for Ten Pounds.
town ; knew when he visited there that George Smith was in the Mr, PLAIT, CU the defendant, reward a verdict for 67., to
house, but never asked to see him ; did not like to intuition the which Mr. Talfotudagreed on ballad the plaintiff. subject to the family. (This witness, in giving his evidence, Ire. for
quently hesitated some minutes before he would give an answer,)1 the plaintiff—Dann.*
A verdict was accordingly rerordet .
•
the plaintiff told me that the actions which he brought against Five Pounds,
the other papers, were tried in Gloucester, and that he received
damages, but he did not tell me to what Amount. I never saw
George, the brother of the plaiutiff ; I did not know where he was,
but 1 read from the newspapers that he was kept in darkness ; I
did not ask to see him ever, because I did not wish it ; I often
enquired how he was, and they said very well; I saw the room
he was in after lie had been taken away ; there was a window iu
it. I have never talked with the plaintiff respecting a full actxmnt
of the trial against the other newspapers having appeared in the
Times. William Smiths never told me that he received 2604
from other newspapers to refrain from prosecuting them.
Mr. CAUPSILLL now proposed to put in evidence the Times
of the std
August, containing a paragraph libelling the Plsintiff,
Judge, and Jury, who tried the former trial. - - -
Air. SCARLETT had no objection, provided he put in what in
candour he was bound to do, the Times
newspaper- which con-
tained a full report of the trial ; otherwise
1 submitted that the
plaintiff had no right to put in evidence any thing "'eh ""
curred subsequent to the time at which this action was brought,
because that might be it subject of another action, but still lie (Mr.

.
The extensive library of Dr. Parr has beam removed
rom hie holm at Hatton, near Warwick, and is now in London.
t Will be *old by auction, but not during the present year.

MAsatIENADE.—A Grand masquerade took place
sst fit at the King's Theatre, which was will attended, cor.
,
aide ring the disagreeable state of the weather. The waivers en-
iffed themselves con (more, to the great someement of the epee.
'atom The favourite character of " Buy a broom," was NO gm-
rid among the sprightly fair, MI at one time to threaten a clear
sweep of the Plage, by throwing love's dust into the eyes of the
beholders. We are prevented by want of room from giving any
particulars—but every thing went off painting well,

Boxtria.-The fight between Sharpe end Gaynor
soak place yesterday, five wiles from St. Albans, when, after a
revere fight (78 rounds) of one hour and ten minutes, Sharpe was
proclaimed the conqueror. A full account of the Male) for want
of rvum, we mud defer giviiig tin tcleurrowe