The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-02-08

London. Feb. Tn the queens
bench division of the high court of jus
tice today before the lord chief justice
of England, Baron Russell, and spe-
cial jury, was heard in the suit of VIII
liam Waldorf Astor against the Daily
Mail of this city to recover e1. 900 dam
ages for a libel which held him 10 to
ridicule and contempt"
There was an imposing array Of
counsel on both sides. Sir Edward
Clark Q. c., counsel for the plaintiff,
said the libel was published Oct. IS.
last, and was headed Mr.. AstOr'S
Strange Dinner Party"
It declared, counsel continued, that
as the outcome of a wager of $4,000
with General Owen Williams Mr. Aston
brought the trunk of a California red
wood tree here and gave a dinner party
at CliVedOn around il. a fictitious 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 effort of i'm
aginatiOn and Nj AstOr claimed ne
was thereby held up TO the public as u
foolish and ridiculous person"
Sir Edward Clarke also said Mr.. As
tor was an American gentleman Of
great wealth who had made this
country his home. had a house in Carl
ton house terrace and was the owner
of the beautiful estate of ClivedOn"
and that soon after he settled in Eng
land, certain personal and offensive
paragraphs from time to time appeared
about him"
Mr. Astor then took the stand and
confirmed Sir Edward Clarke's state
mepts. 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
caused him great annoyance but he
was always willing to accept an apOl-
Ogy.
Thereupon the lord CHIEF justice asked
if it was not possible for an apology
TO be given at that stage OF the pro-
ceedings.
The Right Hon Edward Carson. Q.
c., formerly solicitor general for Ire
land. in behalf of Alfred Charles
HarmswOrth. principal proprietor Of TIE
Daily Mail and other papers. said his
client was always ready and willing TO
apologize.
Whether the matter published is a
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
Ny clients" said Mr.. Carson. while
they do not admit the libel, are anXi-
Gus not to publish anything which may
cause annoyance"
THE COURT ANNOYED.
1T cannot he 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 cannot 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 par
agraphs which are very annoying.
"A paragraph appears in a newspaper
this morning regarding myself 0augh-
teri, enormously stating that l forced
my carriage through the horse guards
passage, Notwithstanding the ODDOsi-
ton of the guards. and an American
paper the other day. described a pain
ful incident in my career II said il had
been my duty in the positOn0f president
OF the divorce court to pronounce Il di-
vorce decree between myself and my
first wife. As a matter OF fact. have
only had one wife; she is alive now:
We have never been divorced. and l am
not president of the divorce court.
(Laughter)-'
Addressing Mr.. Carson, the chief JUS
tice said:
7 think your client ought to apollo
gize for publishing the paragraph
which has given annoyance TO Mr. As
tor"
To this Mr.. Carson replied: 4 ado9t
your lOrdship's suggestion absolutely
The prOprietors of the Daily Mail wish
me to say that they had no wish 10 give
annoyance. though some people are an
noyed by these things. and others are
not GsauGhter.)
They regret they gave annoyance
to Mr.. AstOr, and apologize for so do
ing
The case was then settled, the jury
being withdrawn and the proceedings
co-nin- to an end.