New-York tribune., 1873-12-24
BRITISH TOPICS.
NOTES FROM LONDON.

Carlyle wouh probably call him a playwright
though whether Mr. Gilbert would sue him If he
did, / cannot say. 1t appears from his own testi-
mony that he has written at least IL plays He is
also dramatic critic and tells Ms with engaging
frankness that he once criticised one Of bis own
plays--nnfavorably he says. He has made liter
aturc his profession His success, Judge has been
considerable. Few plays have been more praised
than his or much more. make the statement with
caution, because most of what is called dramatic
criticism in the London press is anything but crti
cal Good nature is its best quality and to such an
extent third rate actors and fifth rate plays
praised that there seems to be no particular reason
why any critic actor should take pains to become
first rate The Pan Mai Gazette itself has not been
free from notices Of this sort: indeed, its regular
notice of Mr.. Gilberts The Wicked World" was
not unfriendy The offense Tor which Mr.. Gilbert
sued il publishing a letter some days after al
legng that the play coarse and vulgar, that in
parts it unfit to be spoken in any theater, and
that one scene was simply indecent. Mr. Gilbert
considered this attack his moral character, or,
his counsel rather Queerly put it, personal at
tack on the moral tone Of his writings.
At the trial on Thursday. the plaintiff produced
number Of actors and authors to testify that in their
opinion the play was not indecent nor coarse, nor
market Theater, was 1t appeared that the play
had run l75 nights so that the letter in The Pau
Mall Gazette could hardly be supposed to have in
j'lred Mr. Gilbert pecuniarily. Mr.. Blackstone OF
bore witness to the proprety of the piece. So
did Mr.. Bancroft the manager of the Prince of
Wales Mr.. Oxenford, the dramatic critic of The
Times, Thought it remarkably inofensive play.
Mr.. Blanchard OF The Daily Telegraph agreed with
Mr.. Oxenford, while Mr.. Wills the author of
dramatic libel Oliver Cromwell called " Charles
L." pronounced The Wicked Word' to be one of
the most refined things he saw on the stage
For the defense no witnesses called, and this
gave the counsel for The Pan Mall Sir John kars-
lake. the right TO the closing argument Bnt the
speeches of counsel need not detain What is of
interest to all the world is the law laid down IN the
case and that is Of unusual interest because it was
not only good law but good sense and is substan-
tal help to the editors and the rest of mankind on
difficult subject.
However hostile in spirit, said Mr.. Justice Brett
no tine jury, or however wrong in opinion the crlti-
cism might be. 1t was a fair comment if 1T did not
travel out of the work for purposes of slander
Though The jury might utterly disagree with the
author of the article, yet it was no libel if he con
fined himself to the work as work. To make it
libel, it must he delamatory of the author person
contempt for him. Upon the question of indecency
Mr.. Justice Bretts language to the jury was as fol
lows:
They should approach the consideration OF the subject
with a robust aud manly feeling. and not with sckly
sentmentality either with regard to the play OF with
regard to the criticism. 1t would not do for jury who
had consider play ask themselves whether there
was some phrase in IL which the most delicate minded
person would object TO; neither would 1t do IN deaing
with the article TO say that there we're some
phrases which the most sensitive author might
complain Of They should deal with the play
as men with knowledge of the world who did not ex-
pect every kind OF grsh senstveness to be applied to
a play which vas given 10 the public in London. A
similar feeling should actuate them in considering the
article People did TO theater To hear sermon
and az there anything in this play which people OF
high morality ana delicacy could not listen to They
must look at thing fairly neither disregardng what
was due 70 delicacy, paying too much regard TO
what would be the feeling of exceedingly sensitive
peope 1houghthe article used the words coarse and
indecent they not therefore Jump at once TO the
conclusion il meant anything wickedy coarse or IN
decent II merely meant that there was bad taste in
the play and did go beyond the work as work. then
IL no Libel.
He wound up with suggestion which, in its form
at any rate, is probably novel; and certainly sound,
viz: That if the jury thought the play was not an
innocent play it followed as matter OF course that
they would consider the article an innocent article
if they thought the play an innocent play aud the
article an innocent article. then there was no harm
done, and the verdict must be for the defendant ;
hut if they thought the play was innocent play,
and the article not an innocent article, then, ana
tbeu only could they give verdict for the plaintiff.
The iury. after few minutes deliberation,
brought in a verdict for the defendant, and Mr..
.Justice Brett said: "You think both things inno-
cent - and the foreman answered. Il Both" lt rs
seldom that a verdict has been so ingeniously con-
triyed TO give satisfaction to plaintiff and defendant
Mr. Gilbert gets the assurance of jury OF British
bousehoders that they do not consider his play IN
decent Tke Pail MaU Gatetfe gets the assurance OF
| tbe same dignifed body that it had right to Its
own opipion aud the expression OF IT, Ii mas the
further satisfaction Of having its right to do so vln-
d;ated at Mr. Gilbert's expense for the verdict In
t favor obces Mr. Gilbert to pay the costs Oh ooth
| s;des. amounting probably, to some two OF three
| tbousand dollars. Possibly he may think that
large sum to pay for the jurys good OPINION Oh MS
play especially the play is not now on the boards
| But t6en he not obliged to sue me ran Aa1
| Gazette for libel and people who VIII have such
| uxuries as libel suits must pay for them II they
| lose The newspapers with one voice declare the'r
approval of Mr. Justice Bretts law and OF the 'er-
| diet OF the jury.
Your mex distinguished visitor Will be MI Charles
Kingsley. If you wish to give him ms proper t'.'e
| YOU will call him the Rev. Canon Kingsley out
take it you care more about the man than the chnrn
| official, more about the author OF Alton L"'he'
+" Hypata,' Tho Water Babies" aud At La'', "
| Christmas in the West indies than apou. 'no
Canon of Westminster OIL the Chaplain IN ordinary
to Her Majesty. Yet Mr.. Kingsley sa preacnor 80
| much ont of tue ordinary sort, and cohtrves " "
terest people in his sermons so mucn' 'na'' "e'" -.
ster Abbey ia throng nged when he breaches, and the
newspapers have taken to reporting his DISCOURSE
the latter a thing most unusual in England. de
| poea to America next January or February on