New-York daily tribune., 1858-09-08
ACTION FOR LIBEL AGAINST MR.. WALTER
SAVAGE LANDDR.
From The London Ne,ss. =,

YKscoMBE ASD ANOTHER ACT. LASnoR-sPEcAL JURY.
Mr.. slade. Q. C.. Mr. NJ. Smith Q. C., and Mr..
Butler O. G.. we're or the plaintiffs; VI. Phinn O. C.,
and Mr. Collier @. C., for the defense.
Mr.. Butler opened the pleadngs. The Rev Morris
Yescombe and Mary Jane, hs wife, were the plaintiffs,
and Mr.. Walter Savage Landor tie defendant. The
declaration contained four counts. The hr't three
charged the defendant with having printed and pub
lshed certain lhels and the lat count vas on CON
tra,f. II alleged that former action had been
brought by the plaintiff against the defendant, which
had been compromised Oh an undertaking by the de-
fendant that he never would repeat the charges again
md Il charged the breach Of that contract. The de-
fendant bv hi- pIcadngs denied the publication de-
MED his undertaking, and denied the breach.
Mr. Sladc in opening the Gaze. said the Rev. Mr..
Yescombe a clergyman of the Church "f Englandi
he was married gentleman with family Of five chill
drcD and had moved in respectable circles in the City
Of Bath. Tie defendant NJ. Walter Savage Ian
DOR the celebrated author and poet, whose linag'
mary Conversations and other works had gained for
him not merely European but worldwide renown.
ard of course any matter cmanating from the pen OF
such writer unless it was by way Of joke. could not
be passed over but must have serious notice taken of
it. Tie present action brought for the purpose OF
clearing the character Oi Mrs. Yescombe from most
false foul and malicious libel which had come from
the pen of Mr. Landor. and which was contained in
book which he had published, called Dry Sticks Fag-
gctted by W. ). Lander" That book had become
library book, which would probably be found in the
dra%ng-rOom ON the wOrk-tables of many Of the
Jury, and which certainly had been spread abroad
very freely IN Bath. The plaintiff appealed 20 the
Jury to protect his wife from the ibeous pen of Mr.;
Landor and to say, by their verdict, that they would
not suffer hn to follow mp such relentless pcrsccu-
tion ofhat lady must render her life misery lift did
not consign her TO premature grave. He MI. Sadel
Eui lg ed in nj for
could have acuated Mr. Landor in the course he had
pursued. Up to June. certainly mp to May 1871, he
and Mr. and Mrs. iescOmbe were on the most friendly
terms. dining at each other 2 houses and exchanging
all the cuIteses of life. The only possible motive
which could be- assigned was the course which Mrs.
Yescombc had thought il right to pursue with regard
to young lady Of 10 or III, who was the daughter
of a gentleman residing next door To her, and whom,
in order TO assist her IN her education, she kindly al
lowed to participate in the education of her own chill
dren, and become part of her own iannly ana be-
Mrs. Ycscombc thought it better for the inter-
ess of that young lady that she should be sent to
Cheltenham. would seem to have arisen all the venom
Oi Mr. LaudOr From that moment Mr. LandOr began
TO pen his scandalous bes. In the first place he put
ont n pamphlet called Walter Savage Landor and
the Honorable Mrs. lcscOmbc,' in winch he charged
that lady with six ofenses Of the most heinois kind;
such iii fact as il was impossible for her to pass over
without taking steps upon them. In limited society
ike that of Bath the hbcls circulated with great rapid
ity. The pamphlet charged Mrs. fescombe with ak
distinct oenses OF which hc would gvethem the heads.
In The hTst place Mr. INnHuT cnHfgci MIS- 1tscobiUc
that at trial which took place in the County Court at
Bath betwccn Mr.. Ycscoubc and Mr.. Roche she
committed wiul and deliberate perjury. Second,
that one occasion he had given Mrs. lescombe
GlS, for the purpose Gi paying Ur music given
to the young lady and that Mr.. Yescombe deliberate
ly purloned half the money. Third that she extract
~ ~ n~to, which h hsd put ,n,o itts fss tho
purpose of being sent off to nurse. The fourth
charge was that u tradesman of the of Jolly had
sent Mrs lescombe IL receipt for some goods which
she had had at his shop, that the money was not re-
turned with the receipt and Mrs. fcscombc took
advantage of the receipt having been sent and refused
pay the money. Fifth, that she in the shop of
shoemaker named Bankey, at Bath when i Is was
the counter, and when, in some inexphcabie way,
~. disappeaIed and 6th, that she had obtained El0
from the young lady by false preeiises. Those dcb-
crate charges were printed and circulated through
Bath, and II became necessary that Mr. fescombe
should either appeal TO court of justice, or insist on
Mr.. Landor's utterly Withdrawing the libels Mrs.
Yescombe communicated with her solicitor. Mr..
Slack wrote letter. urging him To withdraw the
charges. and requiring him. if he declined 10 do so, to
communicate the name Of his solicitors. That letter
WAS written on the 18th June. and no answer was
returned to il; but anoiher pamphlet was published
by Mr.. Landor, in which that person chose to make
most indecent attack on Mr.. Slack The work was
called Waiter Savage Lander Threatened and the
opening passage was :" am threatened as below.
The writer's name is no invention of any author of
farce, of comedy, satire, but is really and truly
90 Slack. Whether he has an alias, never ascer-
" tanned or inquired. II will he unlawful "a order n
" chairman To cndgc TINS fellow Tor hiS lnSuhncP.
After that other remained To be pursued hy
Mrs. lcscOmbe than to bring her action for libel, and
to challenge her lbeler 10 meet her before twelve
indifferent men in court Of Justice. where the hbeer
might, if he pleased prove the truth of his charges,
and where the whole matter might be ventilated The
case went to trial. briefs prepared, and
counsel retained, when gentleman named Forster,
gentleman of enincnce in the literary world, and
who also editor of The EramiHcr, came down
from London an intimate friend of Mr. Landcr, and
presented himself the 2Jth of July at Mr.. Stacks
office, al Bath, and endcayorcd to if the matter
might not be settled by Mr.. Landor, making an
apology. and, after negotiations the following was
signed by Mr.. Lander, and rendered to Mr.. Slack:
The two published statements concerning Mrs. Yes
" comhe, and entitled Walter Savage LamdOr and the
"'lIon. Mrs. Yesconbe, and Mr.. Lander Threatened
having, at the request of my friends been referred 10
Mr.. Forster to institute inquiry into the circnm-
stances connected Herewith, and il having been this
day reported TO NE the result of such nQuiryhat
" IN Mr.. FurSterS opinion had no sufficient authority
on which to make the charges affecting the honesty
and character of Mrs. lcscoHbe hereby fully and
unreservedy withdraw all such charges contained in
the statements above referred 10. Bath, 9th July
p" ls9'. When the apology was Submitted to Mr.
Slack, he took objection to the word " sufficient"
and also expressed his wish thar Mr. Landor should
express regret. NJ. F,,sier assured him that
the apology was ample and on Mr.. Slack refusing 10
receive the apology, unless accompanied by an under
taking not tO repeat the libel the document was sent
back 10 Mr.. lantor 10y Col Bruokmau, and, such an
undertaking having been added. Mr.. Slack gave a
letter Of acceptance. The lux was hardly dry with
which the apology written, when series ui mos,
beastly disgusting aud offensive ANONYMOUS letters
were written by Mr.. Lander and sent 10 this unfortu
nate lady. The first was dated the ith August 1857.
and was addressed " 10 the Hen. Mrs. Yescombe No.
II Green Park Bath Ii was supposed 10 be n
sonnet to Mr.. Clark. the surgeon who attended
Mrs. lescgmbe. and was in these terms:
The weakest Of the Devils iaps
S"ne, Vlafse, prepare the sable pills;
ls-cotnhc- are common human lis.
D ned Il a .rrv xIi