The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1899-02-07
ASTOR'S SUIT
Against the London Daily Mail
For Libel
Is Settled by an Apology From
the Defendant.
LORD CHIEF JUSTICE
Of England Presides at the
Trial and Relates
Personal Experiences Which
Produce Laughter.
LORD CHIEF JUSTICE

London, Feb. I'm the queens bench
division of the high court of justice to-
day before the lord chief justice of
England, Baron Russell of Killowen
and a special jury was heard the suit OF
William Waldorf Aston against the
Daily Mail of this city to recover 1000
pounds damages for libel which held
him up to ridicule and contempt. There
was an imposing array OF counsel on
both sides. Sir Edward Clarke, Q. c.,
counsel for the plaintiff, said the libel
was published on October IS last and
was headed Mr.. Astor'S strange dinner
party" 1t declared, counsel continued,
that as the outcome of a wager of 500
pounds with General Owen Williams
AStor brought the trunk of a California
redwood tree here and gave dinner
party at Cliveden around it. A fcti-
tious list of guests, counsel said, was
published, and indeed the whole details
except the mere fact that Mr. AStor
brought the tree to England was an eff
fort of imagination and Mr.. Astor
claimed he was thereby held up to the
public as "a foolish incredulous per-
son.
Mr.. Astor then took the stand and
confirmed Sir Edward Clarke'S state
ments. He added that many of the
guests mentioned were unknown to him
and he expressed the belief that some
of them did not exist. The matter cauS-
ed him great annoyance but he was al
ways willing to accept an apology.
Thereupon the lord chief Justice asked
if it was not possible for an apology to
be given at that stage of the proceed
ings.
The Right Hon. Edward Henry Car
son, Q. c., formerly solicitor general
for ireland in behalf of Alfred Charles
Harmsworth, principal proprietor of the
Daily Mail and other papers said his
client was always ready and willing to
apologize.
Whether the matter published is
libel or not" the lord chief justice re-
marked, lis a question for the jury to
decide, but surely it is proper to apollo
gize for giving annoyance
My clients said Mr.. Carson, while
they do not admit the libel are anxious
not to publish anything which may
cause annoyance"
TT can not be said" replied the lord
chief justice, that these personal para
graphs are not sometimes very annoy
ing. This is the fringe of a very large
question. One can not fail to see that
there is a growing fashion, perhaps
copied from the press, with which Mr..
Astor is better acquainted than we are
Qaughter), of publishing personal para
graphs which are very annoying.
"A para graph appears in a newspaper
this morning regarding myself (laugh-
teri, enormously stating that forced
my carriage through the Horse Guards
passage, Notwithstanding the opposition
of the guards, and an American paper
the other day described a painful Incl
dent in my career. 1t said it had been
my duty, in the position of president
of the divorce court, to pronounce
decree between myself and my first
wife.
Il have only had one wife; she is alive
now. We have never been divorced and
I am not president of the divorce court"
daughter.)
Addressing Mr.. Carson, the chief JUS
tice said: Il think your client ought to
apologize for publishing the paragraph
which has given annoyance to Mr. AS
tor
To this Mr.. Carson replied. 'I adopt
your lordship's suggestion absolutely.
The proprietOrs of the Daily Mail wish
me to say that they had no wish to
give annoyance, though some people
are annoyed by these things and others
are not Gaughter.) They regret that
they gave annoyance to Mr.. Aston and
apologize for so doing.
The case was then settled, a juror
being withdrawn and the proceedings
came to an end.