The Sun.
London, England, 1810-07-27 00:00:00

LAW ,REPOR7.

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witness. a large caticktinie,?itovliich the plaintiff was
represented as passing from the gallOWs to the infer-
COURT OF KING'S WENCH, juvr t 7. nalregions. . -
• WILLIAMS V. CALLENDER.'
Dr. Bevan proved the writing on, the copy of the
-
The ATTORNEY-GENERAL stated this to 'be an ' pamphlet left for hire to he.to this.effeat -"Thia- is
action of damages brought by -the plaintiff, wn
, o the man -who said he" was practising oply to keep
' -
-
epettifoggers and rascals out of the Profession—rand
practisedthebosiness of an attorney, in the town of Monmouth, againsr the defendant, also an attorney, . concluded with these words :—" Who is the rascal
" . .
in the same town, for having now ? published, with Mark- I
ed and persevering industry, ft- libel of a most infa- I Mr. Edward Phillips, Postmaster pi-Monmouth,
mous and caletainioas nattireaginseahe plaietiff, 'proaed, that the plaintiff, had intredeced to his sib-
calculated and obvioUsly intended to ruin:lhe. plain-
nervation a copy of the pamphlet, with marginal
' notes in his ownewriting, drawing the
.witneas's
-tiff'S`character and fair lame, and for the part-taken
tention to -the caricature print. The defendant at-
byob-
the defendant,- in the propagation of'w Inch, no ' served, "there's Bobby," meaning' the Plaintiff,
'other possible motive could be -fleeted, than a de-
pointing him out as one of those whom the Devil
sire, through the rneans of the publication in gees- , was driving into hell. The defendant afterwards
lion, to blast the diameter of the plaintiff, as ansat-
teok the Look, opened it in a particular part, and
torney, that the defendant might rise on its, ruins. : s,,ie that
'Never could- any competent for the fai,eur of-the " them," alluding to thy .plaintiff and
others, " were perjured scoundrels, and not fit to be
publid, in any line of business, hive employed '.entrusted by
any person." . -
greater pains in' the circulation of his Cards of' ad-- !'dwell of Monmouth, also proved
dress and recommendation, than i The Rev. Win: the defendant bad that he had purchased, one of the books in question
sliewn in the dissemination- f the libel DOW to be •noticed, Libel, it was to be-remarkedewas now the ! from the defendant.
..
Mr. Allpress,e aft ,Attorney, -at Abergavenpy,
favourite, 'because it was. found 'to be the must *el-
probed, that when lie was in Monmouth prisonoare
factual mode- of injuring any dharacter, ptiblic or
defendant had lent the pamphlet toliime as settinig
private. It 'was the ' Mode which proved the Most
likely to afford him amusement. .
palatable and agreeable to the taste oi those to whom , Mr. Pewees, a clerk of the plaintiff, was adaluc-
such attacks were direded. But of all attacks of the
' ed, to prove a notice on the defendant, to produce
kind the present probably was one of the most dae-
' one of the brae bills, relative to the sale of 'the
gerouss from its being built on a judicial proceeding :
pamphlet, said' to have ,been publicly hung up in
which' had actually taken place, and in the state- l the defendant's office. On_ his cross-examination,
merit of 6t
which probably truth had in some respe ,
with
1 he admitted that,he had heard the plaintiff say, that
been blended with falsehood, though-the fads were he, g
alonPrice tine{Powell, had paid 3001.
completely perverted, and caused in every respe'l to. i
1 for compromising an action brought by Junes ageilist
Militate against the plaintiff. The libel in question
consisted of ; them. for suing Out an improper, Cominission of
. a pamphlet, "containing what was al- ; Bankruptcy against Jones. Also, that be had paid
accompanying it was a caricature print,wbich
leged to be a statement of a case in Chancery, and ~ the costs in Chancery, and that Powell was to bear
never his own costs in, the. Common Pleas, even after he
could be figured as a necessary. appendage to any fair
had heard a Verdia in his favour ; and, that these
and impartial detail of such a proeeeding. 111 case
--.--e , latter things were done in consequence of- t lieswas ope which occurred in the bankruptcy of a deci-
sion of the Lord Chancellor. He did not understand
Son of the name of James, Whose commission was !
from the pfaintiff, however; that he had, paid any
superseded, and part of tlse costs ordered to
,be paid
',.. part Of the 3001. to compromise an indiettnent
baethe present plaintiff; and by others. An Ho-
nourable and Learned Friend of his (Sir Samuel Ro= against him for perjury. It was also proved that
.
, .
milly) was in this cailtinture, represented as going in the defendant had the posting bill relative to the
. publication in question, displayed.in the most con-
his gown and wig to the hut of this poor Man and
-
his family, and exhibiting to them a label, stating, spicuous place of his office.
Mr. Serjeant BEST for the 'defendant, admitted,
" I have *gained you your cause;" while another
- label proceeded from his Mouth, " The oppressed
that not having put in a plea in justification, he could,
:
not ask a verdict in his favour. It' appeared that the
will always find a friend in me." Such,
.he was'
paper had been- published by the defendant, and he,
convinced, would afways be the feeling and
but
was afraid it must
,be admitted that the paper was a
of his Honourable and Learned Friend, but such ,
libel. His; Learned Friend, the Attorney-General, words ta his- • own praise, he was equally satis-
_,
and he, however, bad very 'ditierent ideas; of the,
lied, would never proceed out of his mouth; as de-
nature of the offence hereeommitted, His-Learn-
, scriptive of himself; and however strong the feel-
ed Friend had represented .as it Tio sum, how`ever,
ings of injury and, aggression felt by his client on
the *publication of the libel in question might have great, not even that- which might beeadequare to:
been, he was confident they could not be equalled the payment of the national. debt, could compensate
for the injury which t4ie. plaintiff had .sesteined,
by the contt•inprand di4gust with which his Ho- •
He (Mr. serjeant Best) contended, thateit :alight
nOurable and Learned Friend must so fulsome,
be covered with the coin. of the 'smallest dendmina--
~ but degrading an attempt to compliment him, which
!jou known in this country. His Laiiirned
.Friend'
only shelved ,the inadequate notion the author had A
enad even abandoned the first count, in .his dechire-
, termed of the character and feelings of his Honeur-
tion, rather than let his Lordship and the Jury ,aye
able and Learned Friend. In anothetpart of this
a peep beyond the curtain on the other of -the
caricature is seen :Mr. Richard Hill, the Solicitor,
hall. Every body knew that certain high asharaciers, with his green bag, kicking before him three fel-
had said 'strong things orb the subject of the plain-
lows, who-are supposed to be the plaintiff Witilems,
tiff's conduct, so much so, (bat -nothiP4 said In any
and two persons of the names of Powell and Price ,
public.tion like the present, could add to the. aye lio-
before him, who are again -in the' back ground sup- .
illy of the statement ; arid, of course, if the plain-
posed to be driven to the haler, and beyond that to
tiff had no charades to lose, he could not be in-:
he received by the devil into hell fire. The parn-
jured by the present publication. The pain of the
phlet to is bin this caricature is a frontispiece, and
which is anti lvd " The Farmer and the Three At-
author, too, was nut imaginary, and if the plaintiff i•
torahad been anxious for his character, to. him who:
ics," also charged the plaintiff, in various in-
stances, with perkiry, aid even with having
.been
might have entered a plea in justification; woeld:he
. . . ,
ieleee.4eoted by the Lord Chancellor as guilty
.The order of the Lord Chancellor, supersedingol- per- :have gone.
-4,
aury and suboreation of perjury. To prove ills case :
the Commission against Junes, and 'crideringdif-
the Attoiney-General adduced
._
ferent parts of. the costs both in the Commission
. ' Mae Avery, who kee,,s the Beaufort Arms Coffee-
of Bankrupt, and in different actions. at law; to
house, near MOnmouth. ' The - witness proved that
be paid' by. the plaintiff,. and in someinstanc,es by
the defendant was present in his bar on the 741 i July,
Ihim jointly with Powell .and Price was then put in .80e, when the Mail, which conies to the witness's
. s
house, arrived. Thewand read. was a paler parcel /tor the • .. ,
defeudant, whic Sir S. ROMILLY, who had been Counsel for Jones,
h he opened in the witness's pre- .
sense. It contained pamphlets and some large pupers ,
was then adduced as a witness. •
' The ATTORNEY GENERAL objetied, on the ground
besides. The pamphlets were abhait a hundreo in
that ' • all t• had been entered;
no jus t ca ion
number. The papeis were large;, with a caricature.
' Lord ELIANBOROUGLI said this was only meant in
similar to that in the book. The defendant shewed '
mitigation, not as a total vindication, and it would be
• the witness one of the caricatures, and said,. "look
:-going too far to hold that because a justification bad
here at your townsmen, naming Williams, Price,,
nut been entered, the defendant must
.Stand be-tore
arid Powell, and see what a situation they are in.'
the Court, as if. every thing he badalleged :s a,
wa
The defendant at tht same time represented to the
witness what these three had done, as... The being a very fiction.
ATTORNEY
GENERAL applied for a Bill of
black act, and that-they were three perjured men.—
' Exceptions, which was allowed him. ,
The defendant said nothing farther of the caricature,
Sir S. ROMILLY was then exainined.,;` The
but, stated that Sir S.,Rotnilly had said that the.plain- ,
"said Sir Samuel, " . '
; case,
tiff should have his right arm cut off. The witness
~
time. The Lord Chancellor certainly.anln'adverted
only saw the title-page of the book, and the carica- ,
on the condutt of Mt. Williams, I thought,'
with
titre. The defendant offered the witness one of the ; , .
Itake ' myself • ' '• ' 1 '. ' f
, severity. cannot on to state
cap
o
books, if he would remit the carriage, amounting to !
the words his Lordship-used, but I think I cap say
2s. 4d. e; but this the witness declined, observing, !
were not the words' stated in this publielition.
that the, rice was marked km the title-page as being . they
I remember perlediywell a good deal w as said about
is. 6d. on. which account he thought 2s. enough to ;
affidaVits. ' I think the Lord Chancellor" said, the be given by him fur the book; and of this sum the
affidavits of Williams Were not reConcilithie"
defendant accepted, and gave the Witness one of the , , , ,
i. Tile ATTORNEY GENERAL again* Objetted, but-
books accordingly. ' A r----= was present at the 1 ; ,
- . \-
time, and received the book in loan 'rum . the Wit. / • Lord ELLENBOROUGH, could not see' any thing in
ness. ; the ohjedien.
Mr. George corroborated the circumstance; and ' , Sir S. Romteey proceeded. —" I think the Lord
produced the book, having-lent it to several persons, Chancellor said the affidavits of Williams avereeiot
tut still believing this to be the-book he had so re- , reconcilable with some papers- which appeere'd un-
ceiyed from the preceding witness. - der his. own hand: el 'think he said ste These were
. . Mr. J. Gibson purchased one of these •books from not the words ; ,leht this L•talte to be the substance
the defendent, in consequehce of his having repre- of what his Lordship said."
seated the plaintiff as one of the vilest men that ever Mr. PARKE.—" Did his Lordship say any thing
lived, which, he 'understood this book would spew.
about an action in the Cornmen Pleas ?" ,he saw the defendant almost every day tor' a! fort- Sir. S. ROMILLY—" He-certainly did. That was
night or three weeks, and diningehe whole of that, an important feature:in tie case. get Ide trot rt:cOl-
time the defendant was constantly telling the wit- left 'what he did say.' ~
.' . . ness something or other against the plaintiff. In Mr. PARKE—" Was there any thing-Aaid about
particular, tw, on one occasion,' .told the' witness the Docket Bfin-il ?" .2 • ~„
that the only, remedy left for the plaintiff-was, 'that - Sir S. ROMILLY—" I really do not recolle6t aVhat
he should put a pistol to his' head, and blow out his
he
,said about it. He certainly spoke' about, the
brains. - • • • •
bond given -by the petitioning creditor."-
• Mrs. Champney proved that the defendant bad left Mr. PARKS ---" Do you recoiled- Verbal 'qu'estions
a copy of the. pamphlet with her for &Dr. Bevan, -having been ptit to. MT. Williams?"
who lodgest in her„ house, who was an intimate Sir S. Roarterti—"- Such -qTtestiOns 'certainly
friend of the plaintiff, ano also acquainted with the t were put to him,. but I do not, rebelled. on what
defendant. The message left for Doctor Bevan was., sueleee" ...a.....-- -- • '•. •
" that he .might read the pamphlet and there see. i Asir. WEATIIERALL, who was esouricil. along
what a rascal Mr. Williams was." There were ma- ! With ' Sir Samuel -Roinilly, deposed:to- a similar
nuscript marginal notes is the copy So lett for Dr.' effect
. . Bevan's perusal. The defendant also shewed the • Other ea•
viclence was given to prove that the•plain
, .