[list-cumbria] Carlisle Patriot, 13 Mar 1824 - Cumberland Spring Assizes (38)

[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] 

 

The libel was put in and read by the proper officer. His Lordship looked at it, and observed that there appeared to have been two
editions of the paper containing it.-This was the plaintiff's case. 

 

Mr. BLACKBURNE.-Does your Lordship think there is evidence to sustain the inuendos? 

 

Mr. Justice HOLROYD-Oh, yes. 

 

Mr. BLACKBURNE.-Gentlemen of the Jury-My learned friend has told you that I should endeavour to treat this affair with ridicule; and
the reason why he said so, was, because he felt that it deserved to be so treated-not only on account of the subject matter of the
action, but also on account of the manner in which the action is got up. For how does the case come into Court? It is not the
plaintiff who really brings it here. It is got up by the man who spurs his memory with a written paper; and when pressed for facts
beyond what he has prescribed to himself, he replies, "I am the plaintiff's attorney, and shall not answer." This is the case of a
man who complains of injured character. This is the man who comes to ask damages, Gentlemen, at your hands. He asks for damages; but
when I, on your behalf, ask him for truth, that the nature of his claim may be properly elucidated, he interposes his professional
adviser, who combines the venerable office of attorney with the veritable office of witness. This much-injured plaintiff brings
forward -- 

 

Mr. Justice HOLROYD.-The attorney is bound to keep the counsel of his client; and the plaintiff is not answerable for such refusal. 

 

Mr. ALDERSON.-It is the client's privilege. 

 

Mr. BLACKBURNE.-I know it is the client's privilege; he has availed himself of it when he should not have done so, and I now make
him suffer for it. Is it not clear from all that we have seen and heard, that the cause is Mr. DIXON's, and Mr. DIXON's alone? He
has carried it on from beginning to end-obtained the evidence, set it in array, and concluded by delivering it. But, Gentlemen, I
say, that unless you are convinced the defendant intended to impute treason or felony, all this labour will be in vain.-One of these
two things, he contended, must be shewn beyond doubt, and on nothing but one of them could a verdict be given for the plaintiff upon
the present record. Now, looking at the paragraph, what ground was there for any such conclusion? If it were a libel, they must
necessarily incur the penalties of that offence every day of their lives. The common saying, "Many better men have been hanged," was
an imputation of felony, if this paragraph contained one. Mr. BLOWE, however, had chosen to have treason. But did the defendant
impute this to him? No, no: he only said he had heard of such a thing: and unless Mr. DIXON had pumped him, no one would have
thought that Mr. BLOWE had been guilty of any other crime than writing libels. Mr. DIXON put constructions upon the paragraph; but
the decision of this point belonged to the jury; and in forming their judgment they would take into consideration his evidence; they
had heard him say that he put down all in his Book of Confessions; they had seen how difficult, how impossible he found it to
recollect those things which would best elucidate the point at issue: that though he had put down as many things, he had taken care
to keep out "writ" and "action," best of all remembered, most important of all. He did not tell them, among the things recollected,
that his (Mr. BLACKBURNE's) client was at the time smarting under accumulated libel poured out by the plaintiff and those with whom
he was connected. Then, if the jury, contrary to his expectations, should impute to the defendant the libel laid to his charge, the
next consideration was the damages; and he felt sure that no jury would give more than a farthing to a plaintiff who had brought his
attorney alone to prove his case, instead of one not vested with the privilege, of whom might have been obtained all that the
substantial justice of the cause required. "I may say," concluded the learned counsel, "that such a man comes with no very blushing
countenance to ask of you, Gentlemen of the Jury, compensation for injured character. One farthing is all that you ought to give." 

 

Mr. BLACKBURNE called no witnesses. 

 

Mr. Justice HOLROYD, in summing up, observed that the expression seemed to impute high treason or felony; but unless the jury were
of this opinion, a verdict could not be returned for the plaintiff on this record. It might not be taken to mean such a thing were
it not for the evidence of Mr. DIXON, who obtained from the defendant's own mouth what he did mean. This gentleman had made
memoranda of what had passed at the interview; yet, it was evident from the cross-examination, that other things transpired which
were not there put down, and consequently came not before the Court. The question should be considered in all its bearings and
circumstances; and the jury would remark that the libel appeared to have been written in consequence of something that had been
published by the Messrs. JOLLIE in their Journal. If the jury were satisfied as to the imputation of felony, and that the right
person had been fixed on, the verdict must be for the plaintiff: if they thought any thing short of felony had been imputed, they
must find for the defendant. 

 

The Jury consulted a few minutes, and returned a verdict for the Plaintiff, damages 1s. costs 1s. By this decision, each party pays
his own costs. 

 

 

[to be continued] 

 

 

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