Star.
London, England, 1830-05-08 00:00:00

CARLISLE V. DUNN AND OTHERS.

On the case being called on,
Mr. Carlile addressed the court in person, and said—
My lords, I have to apply for a rule to show cause why
tho verdict in this case (which was for the defendants)
should not be set aside, and a new trial granted. The
grounds on which I move are not of a novel kind. The
first is that of omission of direction of the learned judge ;
and the second, that of a commission of direction. Those
two grounds I consider amount to a misdirection. The
second point on which I move is, that I have suffered
egregious wrong from the manner in which the de-
fendant's counsel conducted his case. It was, Sir, con-
ducted so that I ought to have been heard in reply, or
the learned judge ought to have interfered on my behalf.
Lord TEN DERDEN—You should state the nature of
the action.

Mr. Carlile—lt was an action brought by me against
the proprietors of a Nottingham and Newark paper, for
having published a letter bearing the signature of a person
named Gilbert, which letter contained a libel upon my
character. I am furnished with a list of cases, where
verdicts have been set aside by a wrong impression hav-
ing been produced on the minds of the jury.
Lord Tut Teunzw—You should state what I omitted
to tell the jury, and also what I improperly told them.
I consider in this case it was not an unusual direction,
but that I left it as 1 do in all other cases of libel.

Mr. Justice BAYLEY—We know nothing of the omis-
sions or commissions without you inform us.
Mr. Carlile —The omission I complain of was this,
after reading the publication his Lordship left it to the
Jury to say whether it had a tendency to injure me in the
town of Nottingham
Lord TENTERDEN—No, Mr. Carlile, not in the town
of Nottingham, but whether it was calculated generally
to injure your moral character.
Mr. Carlile—All the newspaper reports agree with what
I say. I was well received, my Lords, in Nottingham
before the publication of the letter, but afterwards I re-
ceived insults. I have a strong ground of complaint of
the insufficiency of the direction to the Jury, and the de-
fendant's counsel took an unfair advantage by alluding to
titles of books, and the manner in which he did it must
have been perceived by the Learned Judge. He repre-
sented the books as too vile to be read, without introduc-
ing them to the Jury. From declaring myself the pub-
lisher of those books I never did shrink, nor never will; and
I considered the great merit of my answer to the charges
made against me by the defendants would be to show the
merits of those books, or at least to put their merits to
the trial. I should (bad I been allowed) satisfied
your Lordships, however you might differ on some
points, that they are not books too vile to be read ; but I
had no opportunity of removing the impression this as-
sertion had on the minds of the Jury. I would refer your
Lordships to many cases in support of my application. I
would now positively point out the case of Hare v. Wil-
son, which was an action brought against a newspaper for
publishing a report of some proceedings in the Insolvent
Debtors' Court, and a verdict given for the defendant. Ap-
plication was made for a new trial, on the ground on which
I now move, when Lord Tenterden said the Judge ought
not to have left it to the Jury to say whether it was a
libel or not, without first telling them his own impression,
and a new trial was granted. Never was stronger lan.
guage, or language more calculated to injure the feelings
of an individual, than that of which I complain. Much
milder words have been deemed libellous ; but I have been
unfairly dealt with. This Court, however, I am con-
vinced, will not allow my character to be blasted, without
affording me redress. I could explain, were It now ne-
cessary, in language not offensive to your Lordship, the
objections to the works which the defendant's Counsel
raised, without producing an unfavourable impression
against me.

_Mr. Justice BA YLEY—That .is not necessary. We
can only attend now to what was given in evidence on
the trial.

The Court consulted together for some time, after
which

Lord TENTERDEN said—You may take a rule to show
cause, Mr. Carlile.—Rule Nisi granted.
Mr. Carlile bowed to their lordships, and immediately
left the Court.

This being the last motion for new trials, the Court pro-
ceeded with arguments on pleas and demurrers, none of
which possessed anw public interest.
LAMENTABLE OCCURRENCE..--011 Wednesday last,
a respectable ropemaker at Leven met his death in a most
distressing manner. While attending his work, a strap
connected with a windlass used for twisting cables, having
got out of its proper position, came with such force against
his leg as instantly amputated it from his body. me un-
fortunate man was otherwise so severely injured, as to
occasion his death next morning.
A most melancholy and fatal accident occurred on the
road between Yeovil and Martock, on Friday last. As
Mr. Chaffey, jun. a respectable surgeon, of the latter
place, was driving his lady and infant child in a gig, the
horse started at some object in the road, became unma-
nageable, broke the traces, and ran the vehicle against a
.heap of stones, in consequence of which it was quiet, and
the whole party at once thrown out. Mr. Chaffey, fall-
ing on his head, fractured his skull so severely that be
died on the spot ; but his lady and child fortunately
escaped with some alight injuries.—Devises Gazette.