[list-cumbria] Carlisle Patriot, 13 Mar 1824 - Cumberland Spring Assizes (37)

[Petra Mitchinson]

Saturday 13 Mar 1824   (p. 1, col. 5 - p. 4, col. 5, and p. 1, col. 4)

 

CUMBERLAND SPRING ASSIZES. 

 

NISI PRIUS. 

  

LIBEL. 

BLOWE v. IRWIN. 

 

[continued] 

 

Mr. Richard DIXON sworn.-I am one of the attorneys for the Plaintiff. The defendant, Mr. IRWIN, lives in Carlisle, and publishes a
fortnightly paper called 'The Citizen.' On the 18th of August (a number of that work having been published on the 15th), I called
upon him, and directed his attention to the sentence, " 'scaped from the gallows (a fact) genius." I told him that I came at the
desire of Mr. BLOWE, the plaintiff. I asked him if he were the publisher of the paper? He said he was. (Witness held before him a
written memorandum which he said he made soon after his interview with the defendant.) I asked him if he was the writer of the
paragraph? He said he was. I asked him if that part of the paragraph which I had pointed out did not refer to Mr. BLOWE, the
plaintiff? He said it did. I myself thought so before. The plaintiff wears large spectacles. I understand by 'The Journal,' the
Carlisle Journal newspaper. At the time that I called, I thought he was Editor of that paper; but since I have understood that he is
only corrector of the press. I then told the defendant that the paragraph imputed the commission a capital felony to Mr. BLOWE. The
defendant replied that it certainly did, for he understood that Mr. BLOWE had said he was engaged in the rebellion of Ireland, and
that he was confined on a charge of high treason in a prison in Ireland, out of which he escaped. I then asked him if he would make
a public apology, retracting the expression alluding to Mr. BLOWE?-which he positively refused to do, and said that he never would
make an apology to the JOLLIEs, or any one in their employment;-and that if they would wait till the end of the week, he would give
them plenty of libels; a co-partnership of libels. Messrs. JOLLIE are the proprietors of the Carlisle Journal. 

 

Cross-examined by Mr. BLACKBURNE, for the defendant. I think I heard you say at the close of your examination, "Or words to that
effect"? I did say so.-Is that your Book of Confessions? It is a memorandum of my conversation.-Is that your Book of Confessions I
ask? It is a memorandum, I tell you, which I made immediately after I called upon the defendant.-Have you no Book of Confessions
except this one? This is the only memorandum that I made.-I have been personally acquainted with Mr. BLOWE since August last. I
don't know that I had spoken with him before. He called upon my office on the 18th of August; I think I did not see The Citizen
(containing the alleged libel) till he brought it with him. I had known the defendant much longer than I had known Mr. BLOWE, but I
don't know that I had ever spoken to him. I don't know that I went to school with him. I might have done so; I am not aware of it at
present. At that time (August) I certainly understood that Mr. BLOWE was Editor of the Carlisle Journal. He did not show me any of
the late numbers of it-he did not tell me who it was that had botch'd up the article to which the defendant had alluded. No one
shewed me who it was that had written this. (Mr. BLACKBURNE held a number the Journal in his hand.) Did he show you that paragraph? 

 

Mr. ALDERSON interposed. He said the contents of that paper could not be put in in the present action. 

 

His Lordship said the defendant might answer if he chose; at present it implied nothing objectionable. 

 

Witness refused to answer on the ground that he was the plaintiff's professional adviser. Mr. BLACKBURNE continued:-Did not the
defendant say, that if Mr. BLOWE would apologise for the libels which he had written on him, he (defendant) would apologize for what
he had written of him? I do not recollect.-Oh! that is not in IRWIN's Book of Confessions! (much laughter.) Come try to recollect
it? I do not.-Will you swear that he did not? I will not swear that he did not; but I do not remember it.-Did not the defendant say
that plaintiff had said that he (defendant) "had been writing libels on the Clerk of the Peace, and on any helpless female whose
name any unfeeling brute would assist him to, to fill his filthy pages?" I did not recollect that he did. 

 

Mr. ALDERSON objected to Mr. BLACKBURNE reading sentences out of a newspaper (the Journal) which he did not intend to put in in
evidence. 

 

His Lordship said that defendant's counsel clearly had a right to show provocation: to show what had given rise to the alleged
libel. 

 

You say you don't recollect this. Why, did you not make a memorandum of what passed between you and defendant on the 18th of August?
Yes.-How comes it, then, that you have neither note nor recollection of what is so material? I do not remember such a thing.-When
did you send for the writ, that night? I believe I did.-Why, you have not put down that in the minutes, you see. Did you draw these
declarations? I did not.-You say you knew Mr. BLOWE at this time because he wore spectacles; you know of any other of Mr. JOLLIE's
Editors who wears spectacles? (Much laughter; and general attention was directed towards a person taking notes for the Carlisle
Journal who wore spectacles.)-I said I considered that the paragraph referred to the plaintiff because he wears large spectacles in
the street.-So it was only because he had spectacles on his nose, that you thought him the object of attack? (The person alluded to,
fidgeted, took off his spectacles, and then put them on again, which increased the general merriment.)-I have seen Mr. BLOWE in the
street with his spectacles; but I have never seen any other of Mr. JOLLIE's Editors with spectacles in the street.-But have you not
seen any of them in any other place with spectacles? (Continued laughter.)-At the time, I had other reasons for my conclusions. The
paragraph refers to other persons-first, to those whom I consider the proprietors of the Journal-to another person-and then to Mr.
BLOWE, who, it appears to me, is clearly pointed out by his spectacles.-But your only reason was that he wore spectacles in the
street. 

 

By Mr. ALDERSON.-The defendant himself told me that the libel applied to the plaintiff. 

 

 

[to be continued] 

 

 

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