The New York herald., 1876-03-12


burn, they must take the consequences. If a Grim
ina Information moved for 1t is not because the de-
fendant comes and says he finds he has made mis-
take that he is to escape the cOnseaueaces OF his act
There ought to be
MISTAKES MADE
In cases where character is involved"
Mr. SERGEANT Parry-I am aware Of Your Lordship's
opinion this subject 1t is not the first time have
listened to It, and have always done so with the
greatest respect
The LORD Chief Justice-I have always held the
opinion have now expressed.
Mr.. Sergeant Parry-No doubt, My Lord, and have
told my clients that sucn your views They have
placed themselves unreservedly in my hands, and
although from the terms OF the paragraph personal
malice might be inferred, yet
The Lord Chief Justcc-lt matters little whether the
motives malicious or not. You tear mans
character to pieces and then you say you have made
mistake.
Mr SERGEANT Parry-I hope Your Lordship will feel
that Journalist has by accident inserted paragraph
in his paper
The Lord Chief Justce-If he can show It was by
accldent-if he can show who was the individual who
has misled him and is the author Of the scandaous
matter he pubished-well and good
Mr. Serjeant Parry-rhe publishers and proprietors
OF paper are legally responsible, Ny Lord
The Lord Chief Justice-And morally, too.
Mr.. SERGEANT Parry-Undoubtedly. did not mean
at all TO exclude moral responsibility They fully
responsible for every paragraph IN their paper. but
do hope Your Lordshp will think that they honestly
make a full and complete retractlon and oneE per-
sonal apology to the person complainng-
The Lord Chief Justce-Retracton and apology
when criminal information is hanging over their
heads If they bad discovered their mistake before.
and inserted retracton a. publicly as the libel that
would be another thing.
Alter lengthy discussion the compromise was al
lowed, but nU without strong
PROTEST FRoA THE JUDGES.
The Lord Chief Justice said :-"lf We could compel
this prosecution to be carried to its legitimate end
might not listen To any proposal for compromise in the
case OF serious libel this appears TO us to be,
because can scarcely conceive anything more serious
than the charges that made against Mr.. Horsman
But we are powerless IN tnat respect, because II We
prevent u compromise to-day We cannot prevent II
tomorrow. The present Is compromise which the
Court is most unwilling TO listen TO. wish to say
this, that in OF serious libel like the present,
TO have the process OF the Court put IN motion
merely to obtain a retraction and apology is
what this Court ought not 10 submit to. Where
a party can show that hc has been msled.
that what is complained of has been inserted in his
newspaper without his concurrence or knowledge or
IN his absence other fair excuse then nobody
would object to n rctractation and apology being &C
ccped and the matter settled and got rid Of But IN
serious ol libel for thc future lay down
stringent rule allowing compromise where
excuse palliaon can be offered In such case we
must make II n stipulation before granting the rule
nisi that the shall be carried its legitimate end
that the high process OF the Court may not be OBJ
tanned merely the purpose OF obtaining retracaton
However, here, Mr. Horsnan, instead of insisting
going with the prosecution is content to stay the
proceedings where they are, be it So We express no
opinion as TO the propriety or improperly oi such
course We only say that the process Of the Court
ought not to be used Tor purposes which fall short OF
the purposes OF justice"
And so the printer Of the World is saved from the
durance vile OF Newgae and the proprietor OF the
paper from a heavy line Every knows that the
editor would have been compelled, had the prosecution
been carried forward, to change places with the
printer and therefore the clever editor of this clever
paper albeit his propre must be deeply
wounded this time and the prestige OF his journal
somewhat tarnshed may congratulate himself on the
vaclating weakness OF Mr. Horsmnn, member OF Par
lament, some time Secretary for Ireland, late Lord
Of the treasury ana what not
FoRsTER's LEGACY
The late John Forsters legacy TO the nation Is pro-
voking some discussion in literary circles An at
tempt being made invoke power sufficient 70
move the bequeathment from the trusteeship of the
South Kensington authorities the OF the
of the British Museum. The legacy a vau-
able one, and there is little doubt that II could be
turned TO greater account by being exhibited to the
public at Bloomsbury near the very centre OF Lon
don than away In the regions of the western suburbs
Besides large number OF tracts and broadsheets re-
latng to Charles l., the civil and the common
wealth. and to Ireland aud Swift the Forster collection
includes all the manuscripts oil the Dickens novels,
with the exception of "Our Mutual Friend" TO these
most interesting literary relics may be added fourteen
volumes OF pamphlets, arranged 10y Lord Macaulay
Addson's ''rravels IN Italy an er dono copy TO
Swift Pope's annotated copy OF 'Garths Dispensary;
the "Lives OF the Poets corrected in Johnsons own
handwriting; Swift's own copy OF the "Duncad' and
Byron's copy OF English Bards' given Leigh Hunt.
whole host of manuscripts and autographs greater
or less Importance included in the collection and
mere enumeration OF the ttes.ot the books in It
nils 2I2 closely printed octave pages.
CHURCH
Clergymen over here oil all persuasions seem TO be
afflicted just with itching hand for the pen
which amounts to disease with them. Not content
with preaching they must be perpetually writing
Your layman has great hesitation in committing his
thoughts to paper; your Anglican clergyman
Hence one is seldom surprised TO lind the English
clergy in hot water because OF hastily committed
faults paper The Bishop Of Winchester Is just
threatened with action in the ecclesiastical courts
which prove additional scandal TO the Anglican
Church II 1t is permitted to proceed The Bishop who
Is u High Churchman, is advocate for visible
between the Anglican and Oriental churchestho
latter OF which the Bishop declares to be orthodox
IN a printed paper which has recently been published
signed by His Grace Now the nineteenth article
Church OF England afiirms that 'the churches OF
Jerusalem, Alexandria and Antioch have erred ''anc
that rat only In the living and OF ceremonies
but also matters OF faith" His Grace OF oxford has
in effect p lched of the vital clauses IN
his sworn faith IL Is terrible to contemplate where
this continuous ecclesiastical fighting over here
likely to end.