The Sun.
London, England, 1826-06-21 00:00:00

COURT OF COMMON PLEA 5.'67( Tin f; DA Y. )

WAKLY V. JOHNSON,
This way an action fur, libel,' reflecting on the plaintiff in his
professional capacity.'. The plaintiff is the Editor of the Lancet.
The libel was published iiirthe Medical Alayazine, of which the
defendant was EAlitor.
The Jury it-turned a verdict for the plainta--,Daniages 100!.

COURT OF JUNO'S BENCILITisis DAY).
rue afl4ia v. altar.
This wakkaaingliOuleat. for a Nse,*coadahmai and ilefAmatoly
libel, published by the defendant, a wipe ni`erchant, Aiiirk-line,
On Sit. Gilbert East, Hart.
Mr. stated the espy tlta fiat* of which way be best
underetood from the evidence,
Sir Gilbert'East, Bart. deposed, that he had purchased several
quarter casks of wine, in 1824, from the defendant, and that hit
butler, in bottling it out, bad discovered that they were inferior
in quantity to those he was in the habit of receiving from others.
He wrote to the defendant respecting it, stating that he had re-
ceived some quarter casks of sherry from Mr. Wright, con.,
taining thirty-six gallons for twenty.-six ; whereas
,the de-
fendant charged 28/., though hie casks contained only 32 gallons,
and saying, if defendant would send him ten bottles to make up
for the difference he would he satisfied. The defendant replied,
that the casks were made by his coopers, who might make some
larger than others, but that he was not aware of a deficiency in
any of them. The defendant afterwards sent for the casks, in
order to have them measured, but the prosecutor would not let
him have them; whereupon the defendant wrote him a letter to
the following effect Sir, Your conduct in not sending me
casks,. to have them measured, convinces me that your representa-
tions as to the quantity they contain are false. You may a
Baronet—but I ant sure you are not a gentleman : are a dis-
grace to your rank."—(Thia letter formed the subject of the pro-
secution.)
Cross-examined by Mr. WILLIAsts.-;-He never sent a letter by
a twopenny post to the defendant,---of that he was as sure as he
possibly could be of any thing. The letter which Mr. Williams
handed to him was certainly written. by hint to the defendant,
bearing a twopenny post mark on it, but he did not recollect .hay-
jug sent it by post.
. Richard Keely was butler to the prosecutor; saw the quarter
cask guaged, it contained 32 gallons ; called on the defendant re-
specting it, who said that be would have nothing further to do with
Sir Gilbert East as he was no gentleman, nor did he know how to
behave as a gentlewan.
Mr. Ward, a solicitor, called on the defendant, requesting of
him to make the matter up with Sir Gilbert, and prevent legal
proceedings Jobe instituted against him. Defendant replied, that
he would notretract any thing in the letters Sir:Richard was not a
Gentleman; and if a Baronet, he was a disgrace to his rank. Wit-
ness might tall Sir Gilbert so ; if defendant was not in trade, he
would treat Sir. Gilbert.in a different manner.
John Elliott, clerk,to the last witness, applied to the defendant
to have this matter settled, who said that Sir Gilbert had obtained
the calls in a dishonest manner, he was a disgrace to the rank he
held, he would have him before the Lord Mayor but that he was
beneath his contempt, he therefore would take no further notice of
hini.—Tbis was the case for the prosecution.
WlLLtasts for the defendant, objected to some allegations
in the indictments.
The CIfIEP 'JUSTICE retired to consult with the other three
Judges respecting it, and on his return overruled the objections.
Mr. WILLIAMS then addressed the Jury, stating that the
conduct of the prosecutor perfectly warranted the exprersioni used
by the defendant.
The Loan, CHM, JUSTICE briefly summed up the evidence,
stating it as his opinion, that the letter written by the defendant
had a tendency to induce a breach of the peace, and was therefore
a fit subject for an indictment. The, Jury without hesitation,
returned a verdict finding the defendant