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1 « OF THE LORD CHIEF BARON . cHA ^ p « vBab 0 K then proceeded tosum up . The ** ! .- iTaii action brought by the plain-¦ toS 4- ^ -MttBrt *>» de fendant , , Mr . Wi- ° 1 C £ iS % * - *<» . the plain-¦ srafct ** -. ; , political impostor , ana he ¦ Sf that- * ' jf-OTtation' with a ireference to wEaS ** 1 ^ " upon which there -will be K ! < ord " ° f £ n 3 ideration as to howfarand ffnoii * for jour tfce jmpntat ; on , C 0 Uched KU ^^ f £ The defendant pleaded first K flint « jLiitY and then he puts in several feS * ' ** £% »» rf wh Tf V ' that he jusffXrP ^^ Illed ) the libel . Hooked with con-¦ St ^^ d att en tion to a point to which I ¦ Ser-ble c ^ t . he marked mawier in vfhich
P ^ tuv 'Sded and ' limited in the plea to ^ t careinuy = f e toa certain Land Scheme , ! Seft ^ 5 ^ no other . The plaintiff replies , t ttlic defend ^ thcse are all the issues before ^ r ^ vvoa will hare to consider the extent Ian . Itl > wt 5 nniade- I think that is one of the Igthein'P ^ " inquiry , and the one to which your Y&uaa * of J ^ Hrst directed . Then there are | ijcnr i « n ffiU f Jj ew in -which the case is to be eoulawr ^ SfVis this a malignant libel , proceeding |^ erff > - ? " ^ f , ueinfoet , and malicious m in-IU ? « -iTi the plaintiff is no doubt entitled IS ** ? . K da mages- There is another point I . jreco T"T ; defence made out , assuming that i 3 « etr . k > St -o bevond that to which the liii ^ rtSddf lfs * ' the defendant is en-¦ jffend ant Jb-P ^ j ^ pme his justification . Ij-lcd to a Te ™ j T ^ extreme a view as the other , ¦ flat , however , ' anAan intermediate view ; viz ., I jjt tiiere u » ' Q . ^ nor was actuated by no feell ^ f "f t of patriotism- ^ npposing that he had no |« . " M 2 aon but to assist the poor-anuyet ¦ saw <> fT , scheme and managed its details ( . so wndncted w fa he bt be that have
? stony « - s-T ^ to comments Seen jeefroniTepr ^ - stifv t 0 a certa 5 n extent tLe ^" . " h « c ° w of the imputation , the plaintiff ! ^ fSed to a verdict , but that circum-* ^ nMnropcrly reduce the damages aecor djs ? to tue « e ^ thi nk tbat it is not a pohtical Iras ' tlie ' p laintiff is intitlcd to your verdict ; ^ f von think that the scheme was of such a cha-SSt anv reasonablc person looking at the ^ er iu which it was conducted , might come to Sclasion that it was an nnposition-and I pre-SfSSn the scheme an imposition rather than to SlSlainthT an in . postor-if you think that it £ !! . conducted as that any fair person , conver-St ' riBi public matters as placed before thepubfbv a jonraalist , would consider it to be anim-* Jjon "Ud conld honestly and fairly say ^ although ^ Thave no ri ° « t to impnte against an individual ' » liin » that you cannot make out to be true)—that all persons must take the consequence of their ! ln acts and that a fair criticism of the acts of ^ O'Connor , as the propounder of the schemerTonaav I cannot call it , for it never has been a
r * , _ fairly raises so mucn doubt ana suspi-V y Io mate it subject to editorial or other comiLt that will reduce the damages from the largest amount g iven to a person malignantly defamed , ijpsB to the smallest sum which is given to a man Rio . however much he may have been mistaken , or lo « rer pure his motives , can only be represented t , r those who look at his scheme and its developjjjeotsj as an impostor . I do not think that I can Jav it down that if any person , looking at what has fJcotted , might reasonably conclude the scheme passn imposition , he has a right to publish his owkon ; but I am rather inclined to think that if oi
vonpuWish of any person , or oi any part ms con-Lffl imputation , it must be made out in fact . If ron think the defendant has failed in point of failut that he has made out to your entire satisfcctioB ttat tbe imputation , although not true is TCifecily Teasonable , the question of damages is also rednceiffrom the largest amount given to a paintiff who is malienantly libelled , to the smallest sum often to a man who has so conducted himself as Inirlr to sive rise to accusations and who has no liobttobrinsa complaint into a Court of Justice iriikh is the result of his own mal-administration . 5 fae whole question , however , is entirely for you to decide—my duty is only to present to yon a fair view
of all the points at issue . I am happily relieved from an expression of an opinion of any kind except upon matters of law ; but nevertheless , I should ill discharce my public duty if I shrunk from expressinsmyopufion wherever it might assist in aiding ¦ voa to form a correct opinion . I mean in respect to cBestioESof law upon which lam more peculiarly capable from my situation , of giving a true interpretation , if it occurs to me to be my duty to express ancpffiion , I shall fearlessly do so ; leaving , however , everv part of tbe question entirely to be decMcd bv yourselves , in action for lible is a case in which the law isnotofsuch importance as it . is in aav other question that can arise in a court of
justice . If a man be charged with a crime , tlie jury ios to determine whether his motives render the act cmiinal or not . The rights of property in civil esses cannot be determined by the motive . To do tial ^ onld be to unsettle everything and to shake the foundations of society if in civil questions we did not always , sitting here to admister justice , draw oar Inferences from the conduct before us . If a man I ? guilty of that which appears to be folly , we are kind to impute folly to him . If a man does that ¦ ffMch imports any particular motive , we are not cdIt justified , but bound to impute to him that motive to which his conduct seems to give rise . Bat io a case of libel it is for the defendant to make
Out , to the reasonable satisfaction of the jury , the grounds on which he says he is entitled to publish the manerin question , and it is for you to say in this case if the p ^ eas of the defendant are made out , and if not , what are the damages to which the plaintiff is entitled . The libel you have heard read repeatedly . nieplaicnff is editor of a . newspaper of very extenare circulation . The defendant is the editor of the Zottinji , am Journal , and although it is not without ennijile , and on other occasions actions have been Itoughi by the editor of one newspaper against the editor of another in respect of a libel , it iscertainly not of frequent occurrence . Jjid observing as I do list the defendant is spoken of in terms of dispsrajenient by the plaintiff in his paper , one might hare supposed these editors would have settled their era differences rather than briusr us here three davs
to determine them , whether they be political orper-S * wL If they were political , their best way would iaie fceen for the complainant to have published some more of that disparaging matter of which he ™ published some , and " the dispute won'd have been settled much readier at least than by an action jiff hie ! . If yon think it is nothing but a political inputaiioD , you will also think it might have been ^ cll left to public discussion . Whether it contains ^ personal impntation-beyond that which is political , hisforyou to determine ; but even then it would lave been better for these parties to have settled the msiitr in their newspapers , and the plaintiff having Explained the matter io the satisfaction of his fl ders , the question would have been settled . The l «) el relates to the formation of the land Company a » d I must read , occe , and for all I hope , what the iibelis .
31 esubscribers to the 'National Land Company' and Jteadmirere of Feargus O'Connor , Esq ., 1 LP . for Xotting-S- ** ° ? as wheedled the people of England out of -ifl , oou , wiui which he has bought estates and conveyed « wn to his uwn use and benefit , and all who are desirous WwitBtss theflual overthrew of this great political im-£ tS dlouH onferdie-VotftisBam Journal , in which his J-f ^ e ho nesty , in connexion with the land Plan , has ™ jj : ana will continue to be , fearlessly exposed . The , «« Stew JoBr « riisthe largest newspaper allowed by huat is the best vehicle in this country and neighlwur-Jri J ™ verrisements , business information , and general «_ DtJiTered everywhere every Friday morning , price * f i per anmua , 18 s . in advance ; credit , 20 s . T m ftl s is a libel—that it is disDarasrinir matterno
^™ stsaylhave doubt , and tbe law says that Jon have no right , except on lawful grounds to pub-^ amsj . aragu , g matter of anybody . It has not bee * »^ 1 ° . r puW f ' ? moTiD S in pub ^ c spheres , such ^ members of parliament , who can set themselves ^ e ot by getting up in their place in the house , and jT ^ c a statement which appears tbe next morntolri Pa . PWS-it kas not been usualfor such men titm f actIons excePt for some atrocious imputaj ^ Vwhich requires a man to come forward , to put jj ^ i on oath to deckre his innocence , and then * enminal information challenge the op-JT » party to prove their allegations , and f' Proceeds to dear himself from the impugn by bis answer , and in that wav . It ** = l&t been the custom in late times to ' make
^ aPpeal toajuryfor damages by way ofreparar ® ' The general course is , as I said , for amem-^ "T parliament to set himself right by a statef ^ t Ttbjeh appeal 's in the public papers , and everyjSyis satisfied . On the present occasion , Mr . ^ j ^ or has been advised to bring the matter of JOnr - pomplains before yon , that yon may form ¦ sljgj ^ on , whether he is entitled to a Terdict , or aD ^ lj . ^ fte plea of justification has been proved , ¦ peart f ^^ ^ hat damages he is enti tled . It ap-BieuJ ^ ibr the plaintiff . They simply called ¦ VUU UPUVtUBU
WtKftTi X »•«*« W * M ^** W ) *»*** UVU «*» and ftp Jrore tuattQe defendant is the proprietor . ^ nnsel f " ^ . established at once . The learned Hot v : ' or the plaintiff said fairly enough that he did iath r ~ f go into this matterat first . He chose liis esJ ^ 7 tbelastword , and , therefore , he kept and ofln nnta tie other side Lad proved theirs , ^ fS ? ! . entitlcd t 0 tue Teply . Brother ^ winf e / garaged ma pnus tactics ; but tiineit "" V < % to avail hunself . At tbe same ^ eonH ? rfyopento the remark , which was at « J ! ^ « H w" «« ht , why did they not do so D St 1 " * however think that much turns
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Sergeant Wnsnra ; . JMylord ^ I » membered . that yon had once said the accused party ought always to have the last word . " ii . , " '< The Loed Chief BIbon : 'I think Brother 'Wilkuia you had a perfect right to db that ; . but I think yon should not disparage thoseCniri prius tactics , of which yon are yourself ready to take advantage The defendant then is driven to make out his case in justification of . the libel . Theirst witness they called was from the stamp office , to preve the proprietorship of the Northern Star . That was at once admitted , and then they called witnesses to produce the copies of the Star from the stamp office for thfi last two years , and for an earlier period from the British Museum . Then various newspapers were read , to the date of some of which I shall have to
call your attention . Then George Taylor from the stamp office showed what registration of the Land Company had taken place , and I think it necessary to call your attention to this evidence , especially with reference to the dates of registration , and to what was registered and what was not registered . As for instance , the act especially requires that any change of officers shall be registered . That is positively required , and yet in 1847 , it being tben under provisional registration , a change took place in the treasurership ( Mr . O'Connor being substituted for Mr . . Roberts ) , and yet from that time to the present
the change has not been published in the rules , nor was it registered . They then called a number of allottees who told you their grievances . They then called Mr . Rev . ins to express an opinion as to spade husbandry , which is not necessary for rue to go into . Intermediately they had called a solicitor from Gloucester who acted forDewhirst , and proved certain communications with 0 ' Connor . They then proved that there never had been a return made of the Lnnd and Labour Bank , and they then called a clerk in the London Joint Stock Bank , who was ignorant of country accounts , and that Mr . Roberts had an account . He however disclosed the fact that
Mr . O Connor had the largest account in his own name personally , and that there was a BA . account of which Mr . M'Gowan afterwards appeared to be ignorant . They then called Jamas Knight , who mentioned a fact of which there has certainly been no explanation , namely , that he had been invited to become manager—whether he spoke tlie truth or not is for you to fudge—that he never did accept the office , " that the moment he went there and found out the character of the place , he instantly said he would have nothing to do with it ; and yet James Knight is mentioned publicly by Mr . O'Connor as being at the bank superintending the bank . The object of calling Knight was to prove thatcircumstance . Charles Ansell , was then called , most
unnecessarily I think , to inform yon , gentlemen , of that which you must be perfectly competent to decide for yourselves—that the scheme of locating , the whole of the persons who became subscribers was impossible with the amount of their subscriptions —that they never could be located in such a number or in anything like it under a course of years which would probably run beyond the lives of the greater part of them . And so far . there is no doubt there was some mistake in the scheme , if it were held out that all would sooner or Liter be partakers of its alleged benefits . That is the whole case on the part of the defendant . A Jcetmax : Mr . O ' Connor said I think , that thev should all be located in less than six years .
Sergeant Wilkiks : That was in an election speech at Nottingham . The Lord Chief Baros ; Brother "Wilkins , I wish you would not interfere . It has been well said that the judge should not . interfere with the counsel so as to pre ^ cupy their remarks , and the counsel I tliink should not interfere with the judge and preoccupy his remarks . I was about to state that it was an election speech , andcertainly I do not require prompting . Gentlemen of the jury , —I do not think you ouuht to attach to election speeches the same degree " of importance which you might attach to a quiet , calm announcement , made irrespective of a general election . I think that is fair . But certainly there are other instances , not on tbe
occasion of the election , in which he at least hinted that all would be located within a very short time . He slso said that if he were elected the location would be effected in a short time ; but if he were not elected it would he effected in Jonger time , the latter being certainly a short term for the purpose But the question really is not to be determined by small criticisms like that upon expressions occurring here and there . If you believe Knight , he refused to be clerk ; but somebody , put forth that he was the clerk . Xow that mi g ht simply be a misunderstanding , and you are to judge rather from tbe whole effect the whole matter produces on your minds , and endeavour , rather than dwelling upon single and isolated circumstances , to form a general
and comprehensive judgment . We tben had the witnesses in reply . Philip M'Grath , the director and secretary ; D . M'Gowan , the printer of the Sbrthern Star , who expressly disavowed any connexion with the society whatever ; Thomas Price , the manager of the bank ; Chinery , the managing clerk of Mr . Roberts ( to whose evidence I shall have to call your attention ;) W . II . Grey and John Pinlayson , two persons who stated that they were sent by the Chairman of a Committee of the IIohsc of Commons to make some investigation of some accounts with reference to some inquiry then going on in the House of Commons . Those proceedings and the report of that Committee have not been given in evidence , but the fact of there being such a report has been presented to your attention—paraded I was about to say before you , but I abstain from using an expression which may indicate an opinion
beyond the plain statement of tbe fact ? . But there has been mentioned a Committee of the House of Commons and its report , and I am somewhat actuated by a spirit which induces me to vindicate the proceedings of the court of justice . As a lawyer I 1 'ave expressed my opinion on tfee privileges of the House of Commons in the house and out of it ( and I hold the privileges of that house in as high estimation as any man ever has done , ) as to their legitimate extent , and I give my advice as to how they ought to be treated ; and as a judge I have never seen reason to alter those opinions then and there expressed . But I should be very sorry to see the day when any Committee of the House of Commons or any report of such a Committee is to be held up as the model on which to form our proceedings , or as any authority on which yon are to found your verdict . Committees of tbe House of Commons are
appointed for specific purposes ; they examine no one on oath—a thing which I still regard as a matter of importance , and which creates a wide distii ction between them and our judicial proceedings . I know not how they are constituted—I know not the object for which they . ire appointed—neither do I know , nor does any one know , the result of their report on the members of the House of Commons . What if yon were to ask the six hundred individuals , which brother Wilkins calls a collection of gentlemen , separately , how they view the result ? some would probably say " it is in a blue book , and I Eever meddle with blue books at all" ( a laugh ) ;
but whatever those might say who did read it , must , in vindication of the proceedings of our courts of justice , exclude their testimony—I must , in vindication of your independence , of your correct and upright discharge of duty , exclude all such reports —and beg you earnestly to think nothing of it , to pay no attention to the suggestion made in reference to it , to forget it . I hope you have not read it , but if you have dismiss it as far as possible from your consideration . It is not evidence , and you must form your opinion from the evidence before you . Sergeant Wilkixs here offered some remark .
The Lobd Chief Baroh . —I have not for forty years practised in these courts—I have not for nearly half a century attended these courts without knowing this prfectly well . The learned counsel is quite right in warning you against prejudice . It is to be lamented that so many cases are decided on prejudice rather than from the facts . And if you watch the speeches of counsel you will be surprised to find how little is addressed to the merits of the case , and how much to the prejudices which surround it—you will be surprised to find the larger p : trt given to the accessories of the case rather than to its real subject . Brother Wilkins said tbat this was not given in evidence on the other side ; but I should have resisted it on any side . I could not
allow to be given in evidence that which is not evidence . I sit here to protect that which , belongs to yon , as well as to see justice done between the parties . We cannot receive that as evidence which would raise issues not on the record , and which is not evidence allowed by the law . I cannot allow parties to make tbat evidence lawful whicb is unlawful even by consent . I cannot allow therules of law to be altered by the caprice of counsel , nor , if they are taunted into cowardice of giving up that which is a solid and legal objection , can I permit it to be abandoned . That report I therefore beg you will dismiss from your memories . 3 Jessr 3 . Grey and Finlavaou then were to prove their statements , and what were the results of tbeir inquiries as far aa they recollected . They proved that they were occupied nine in London
days and four in the country . They then said that all the documents they required were produced to them ; but on cross ^ xamination they admitted that no . original documents were forthcoming . They came to some conclusion on some documents ,, which conclusion I could not allow to be given here . -It was just as absurd in an action between John Jfoaks and Tom Stiles fora debt , to call an accountant to say that he had looked over the defandant ' s books to show that the defendant was not indebted to the plaintiff , as to call those two accountants to give the evidence that it was proposed they should give . You , as men of-business and knowing something of the world , are surely not to be imposed upon by such evidence . Where is the opposite side at such an examination ? Where is the man to cross-examine
the witnesses ? Where is the man who could test the-documents ? Where is the man who would represent Mr . Bradshaw ? . To admit such evidence would be a gross departure from the first principles of justice , tfow the price of the estates haa been
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• hown to be £ 58 , 000 , and , the learned . Counsel has atatea . the : ; cost ; of the hqjiijaio . b ^ iSSfiW ' ., If , instead ; of bragm&these ' tw © ;^ sent down some surveyor to ; examine ; thei \ hb . use 8 , and who would take upon himself to ' . say that "having so examined them—I do not say ' every one , ljut one in twenty or thirty—they must have cost about so . much , that would have been , for more satisfactory . ' . \ . - .. = ... - ,. - .-. .... ' ,. '¦'¦ - ' . - "'¦ . '¦ Sergeant Wilkins . —One of their own witnesses , my Lord ; said they cost £ 100 each . V The Lord Cuiep Baron .--I am aware what he said ; but it would have been much better to have had the opinion of a surveyor as to the outlay , after an examination , instead of what a person » lio is not a surveyor says from merely looking at the outcounsel trie roads
side , rnejearaea says . and cropping cost £ 4 , 7 G 0 ; some proof oh that point would also have been satisfactory . The learned Counsel says he accounts for £ 92 , 660 in this way , and says that clearing the soil , making the roads , paying the delegates , printing , and other expenses , would more than fill up the remainder . I own it . would have been satisfactory to me if we had somebody who could have said " I have been on the estates , and on such a lot there was so and so , and looking at what would have been necessary , the' cost of these things must have been about so and so . " The evidence of one or two witnesses of that description would have been of far greater weight than the testimony of two persons sent by the House of Commons , or continual allusions to the report upon their evidence .
Sergeant Wilkiss . —I conducted my case with reference to the allegations on the other side . The Lonn CniEF Baron . —I am commenting on that which occurred in the course of the evidence , and , unless to correct a mistake , I must beg , brother Wilkins , you will not again interrupt me . Sergeant Wilkixs . —A mistake in inference is often more fatal than , a mistaken fact . The Lord Chief Baron . —I cannot allow y ^ ou to sit in judgment upon what I say , and proclaim the results of your judgment to the jury . I sit here only for the administration of . justice . This , gentlemen of the jury , is a general outline of the evidence ; it is now my duty to present to you some part of the history of the Company . After the
passing of an Act which received the Royal Assent on the 5 th of August , 1844 , and took effect on the 1 st of November following ( I believe it was in April , 1 S 15 , ) this Society began . I mention that , because the time of the commencement of the Society was after the passing of this act . There is no doubt of the fact that it was formed in . April , 1845 , because that fact is sworn to , although there may be some doubt as to the real date . That act was passed for objects which every well-wisher of his country must see were of the utmost importance . It was to prevent the formation of schemes which were , in their nature delusive , although they might be sincere , which were calculated to mislead , however honest might be the intention of the persons who had
started them . At that time the increasing prosperity of the country and the accumulation of capital had given rise ' to a great variety of schemes which had turned out delusive and erroneous , and this act was introduced and passed in 1844 to check those speculations , the scheme propounded by Mr . O'Connor being commenced in April , 1845 . There was a meeting which is called a Conference . It is of very slight importance what they chose to call it . If it had been called a convention—although that is a term not generally popular , it would have been of no signification whatever . At this meeting there were , at any rate , a number of persons who professed to represent several districts , and they agreed to form a society .
The result of that was , the book of rules which I have now before me , No . 1 . It was then called the " Chartist Co-operative Land Society . " ' I . must request you to pay attention to what I am about to say . Every person is expected to know the law , as every one is bound to obey it . No doubt that is difficult from the multiplicity of statutes which arc enacted in modern times , and even the judges require the aid of a book like this ( laying his hand . upon , a volume ) , containing statutes which are only one or two years old . It does not follow , therefore , that although certain parts of these rules
are illegal , Mr . O'Connor was aware of it . The objects of the Society are here stated : it was to consist of an unlimited number of members—shares , £ 2 10 s . each , paid by instalments . Then the objects are stated—the means by which they are to be carried out—the conditions of membership—the mode of government—the choice of officers—their duties —the investment of the funds—the selection of occupants—and the disposal of shares . It states , that members wishing to dispose of their shares shall give notice , &c . The Act of Parliament in question is especially levied against societies that admit of a transfer of shares without the consent of
the whole of the members , its object being to prevent bubble schemes . There is no doubt , therefore , that Mr . O'Connor ' s scheme was within this Act of Parliament . It commenc d after the passing of the Act , and clearly falls within its meaning . I do not , however , find anything in this book of rules about dividing the land by allotment . The Act provides , that before the promoters stir a step , they shall register who they are , what their object is , who are their officers , and where they do their business . Until they do that , whatever else they do is utterly illegal . I believe , however , that the registration of this . society was perfectly illegal . George Taylor says , the provisional registration was first effected on the 24 th of October , 1846 .
They should have been registered before that . The society was formed in April , 1 S 45 , and it was not registered until October , 1846 . This is an important matter . It is stated in the provisional registration , that the capital is to be £ 130 , 000 shares , in 100 , 000 shares of £ 1 6 s . each . In order particularly to guard against all suspicion—against not merely mischief , but the danger of it—the Act has this provision , " That on the provisional registration of any company , it shall be lawful to do certain acts for twelve months only , unless that registration be renewed . " The original registration took place in October , 1846 , it was renewed in 1 S 47 , and it expired in 1 S 4 S . One of the provisions ( the 23 rd section ) is this : they aro allowed to allot
shares , and to rpceive deposits by way of earnest thereon , at a rate not exceeding 10 s . for every £ 100 on the amount of their capital . They could , then , only receive , at this rate , on £ 130 , 000 , £ 650 ; and they had no right , in point of law , to receive one penny beyond ; and every farthing they did receive beyond £ 650 , was received in violation of this Act of Parliament , which , it is stated in the preamble , is to guard against not only mischief , but the danger or suspicion of mischief . But what have they done ? They have received no less than £ 112 , 000 . It is quite possible that Mr . O'Connor might be ignorant of the application of this statute to his Company , and that he may have been actuated by perfectly honest intentions ; but such is the fact . that receivcd
It is also in evidence they _ money after the question was raised of their legality ; and every lawyer , even Mr . Chinery himself , would have said , " You cannot now receive any money at all ; you may be right finally ^ you may be entitled to registration ; but , till yotfget it , you have no right to receive money—andj if you do receive it , it is in defiance of the law . " The registration having taken place , the society goes on , and O'Connor , Doyle , and Clark , are then the directors , and Knight and Cuffey' auditors . I do not know that anything turns on the station in life of the officers . I entirely agree with what the learned counsel said about the individuals who assembled at these meetings . No doubt there were many men
of intelligence and education amongst them . I have myself heard abundance of . eloquence in times past from persons of this class . There are , no doubt , amongst them , men of powerful minds , well armed with instruction sufficient to enable them to discharge what they conceived to be their duty to society . The treasurer is here represented to be Roberts , the secretaries Wheeler and M'Grath , and the concern went en in this way . In the third book they do not register Mr . O'Connor as treasurer in the place of Mr . Roberts ; and that , I am bound to say is a violation of the law . On the 12 th October , 1847 , there was a return of the withdrawal of . Wheeler , and-the substitution of Dixon in the directory ; and then there
was an application for a renewal of the registration , which lasted till October , 1848 . There was an application in 1848 ; but it appears to . have been refused , on the ground that , the concern was in itself illegal . You are to judge of the facts . I can only state the law . IIow far the , parties here were cognisant of it , and wilfully disregarded it , it is for you to judge . How far this neglect may reasonably justify the libel , it is for you to determine ; and it is for you also to consider how . far it will justify you in reducing the damages to . a nominal amount . I most unquestionably and fearlessly lay it down as the law that it could not be a bank without its being registered as a bank ; and that it could not be legally registered , because it provides for the purchase of laud , and the division of that land amongst the subscribers by a lottery . If it becomes a question as to this being a legal society , I at once
pronounce , that , in my opinion as a Judge , it is not : v legal society , and the attempt to collect large sums of money , and lay them out in lands , to be divided by a lottery , is perfectly unjustifiable . . So far back as the reign ef William and Mary , all lotteries , or anything having the shape of a lottery , is declared by Act of Parliament to be a public nuisance ; but although , during the period of a great national depression , public lotteries were allowed , the good sense of the country soon put down that nuisancethat public disgrace ; but they were -then only allowed to exist under special lots of Parliament ; and without such Acts , they did not exist at all . This is a matter of serious consideration . Mr . . 0 ? Connor might have been perfectly ., uninformed either of the law or of its consequences , . but it leads to this result : every man , poor or r ich , talented or otherwise , educated or ; ignorant , who subscribed bis money for the purposes of this society , was betrayed into that which bad been held for 100 years
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: to , be ; a . publio nui 8 ancerj : and , it is notjonly , fa-mattep of considerable , doubt , wh . pther ift ' nyv redreaa o ' f / . any ? ort , « ould-hav ^ have been able to call Mr . . iO'OoflnoRfoJtaccount if . to WAWpropnatod jthe . fuhds to- his QipiVprfojft purposes . It may , be . said nehas in . St thei . remotest : idea—and , as far as I know , he , maybe' quite inca-. pable—of . doing . anything , of the kind ^ Dutitnafris , for . you to . say Brother'Wilkins , alleges ; lthat ; in , caso anything should happen to Mi \ ' O'Connor , he . has left it to trustees , ; ,-, ; but ; supposing ' ^ 'have , tho greatest confidence , in my own honour and . integrity , how
can x pieose . myself , for the honour and integrity of those who pome after me . . It . is said , that the Star , hasi contained , announcements , to the public , that Mr . O ^ Connor . holds these estates in trust , but Mr . O Connor ' s heir-at-law might not be content with that , and say , "You are parties to an illegal transaction , and can have no claim upon me . And he would have the law on his side , for the question has been decided over arid over again , both in Courts of law and of equity " Mr . Sergeant Wilkins , who repeatedly manifested his dissatisfaction with the learned Judge ' s charge by the uneasiness of his manner and his anxiety to interrupt , here observed that the only question at issue was the bonafides of Mr . O'Connor . .
The Chief Baron begged of his brother ' Wilkins to repress his disposition to mako a commentary on the chargo . It was not seemly that there should be a contention between the Bench arid the Bar . No doubt it was a question of bbna fidei as regarded Mr . O ' Connor , but it was equally a question of bona fides as regarded Mr . Bradshaw . Mr . Sergeant Wilkins turned round to his junior , anil requested him to . make a note . Mr . Keaiixo remonstrated with the learned Sergeant . . Mr . Sergeant Wilkins declared that he was doing nothing wrong , and would not be dictated to by Mr . Keating . ' ¦" ' .
Mr . Keating ( wai-mly ) . —Then I will appeal to the Bench . My Lord , I must protest against the learned Sergeant making observations , during your Lordship's charge , which are audible throughout the court , and which cannot but reach , the ears of the jury . The learned , Sergeant ought to learn to conduct himself with respect , and to maintain silence as we do , . Mr . Sergeant Wilkins ( with vehemence ) . —I know my duty to myself and my client , and I will , not be deterred from discharging it by you or any one else , I do not require to be schooled in my duty by you , Mr . Keating , nor will I permit it . Your emotion is like a storm in a teapot .
The Chief Bahon remonstrated in a severe tone , and begged that the learned Sergeant would not again interrupt the Court . Mr . Sergeant W 11 / KIH 8 . —My Lord , I cannot sit . by and keep my mouth closed in a case of this kind . I merely turned round to request my junior to take a note of an observation made by your Lordship . The Lord Chibf Baron . —Yes ; but it was in such a tone of voice as to import an appeal to the jury . Sergeant -Wilkins . —I had no such intention , my Lord . The Lonp . Chief Baron . —A person may have good intentions , but he has a right to conduct himself in such a way that his conduct cannot be mistaken by others , and that is the question wo have to decide here . In your judgment did Mr . O'Connor act with bonajides through the whole of his
transactions ? And even if that were so , did Mr , Bradshaw act with hona fides in calling him a political impostor ? Brother Wilkins told you ,. you were to decide this case without prejudice , and without fear ; and he told you that ( which he had much better not have said ) that many persons were looking to the result of this inquiry . I think that observation would better have been spared . It is very true that he might not , as he said he did not , mean this by way of a threat , but it had very much the aspect of it . And after the" expression of feeling : which was manifested in this Court , and which I was obliged to repress , he ought to have been particularly careful not to address you in any language which could be construed into intimidation . Wo doubt you are to decide without prejudice against either the one party or the other , and
whatever you think of the case , you are to pronounce that decision with fearless courage . The learned Counsel made some observations upon the press ; but it must not be forgotten that ; both parties wielded tbat formidable instrument—the one being proprietor of the Northern Star , and the other of the Nottingham Journal . Tlie whole decision rests upon you , and you must not only endeavour not to be actuated by prejudices , but not to be acted upon by any fear whatever . Whatever you tliink , as men , ef that deliver yourselves—and thus do that justice between the parties which belongs to your office . I have a few observations to make upon tlie rules ; they are brought out by M'Grath , the secretary , anc one of the directors of this society . He produced No . 3 as the rules settled at the conference prior
to October , 1847 .. But there is an important change from the second set of rules . They contain the first statement about the bank , vrbicli , it is said , is founded for a two-fold purpose , and that the depotbrs will have the security of the Company ' s property . At this' time an opinion was apparently entertained that the two companies could go on together , and the one being a bank of deposit , and the other a society for the purchase and distribution of land , they could each assist the other , and that the connexion would thus lead to prosperous results . The bank of deposit was recommended to the working men , because it gave a higher rate of interest , < fcc , and a better security than any other bank . It is not necessary to follow this through its
whole history . Mr . O Connor may be a man of sanguine temperament ; he may have contemplated all the benefits to the working classes which the learned Counsel has described ; he may have engaged with ardour in a pursuit so delightful to contemplate—that of benefitcing his fellow-mea ; and he may have been carried away by the earnestness of his desires . These considerations may justify the remark , that it must not be supposed his accounts were kept with the regularity of a merchant ' s clerk ; but it is still a question to be decided —in whatever way tho irregularities may have occurred , however enthusiastic the pursuit of his objects , whatever his oversights or his ignoranceshow fur all these things go to justify the assumptions of Mr . Bradshaw . The two institutions were
to go on together . The Company sent its money to the bank , and the money of the depositors was applied to the purposes of the Company , and then tliey find out that such a Company could not legally have a bank . At that time , and at all times , the bank did not pay its way ; at the best of times it is certain that the loss must have been £ 100 per year , and at others near upon £ 1 , 000 per year . Who was to pay this loss ? While the Lund Company was connected with it , of course it would be the sufferer ; and it is difficult to see what benefit could possibly arise to the Company from its connexion with an institution which was going on fast for bankruptcy . When tbe separation took place , who was to go on paying the depositors four per cent , out of his own pocket ? They were told that Mr . O'Connor did
this ; and the defendant would probably consider such an unusual generosity a symptom that something was wrong . I have now to call your attention to rule-book No . 4 . M'Grath , who put them in , said they were agreed to at the August conference , held in 1847 , at the school room on the estate at Lowbands , while tho Company was still provisionally registered . His attention having been drawn to the fact that Mr . O'Connor ' s name was not introduced as treasurer , but that Mr . Roberta still appeared in that capacity , he said that it arose from the necessity that tlie rules should correspond with tho deed . There was . not any necessity for that . It is always best to represent matters as they
really are . It might have said "treasurer at present , Mr . O'Connor ; treasurer when completely registered , Mr . Roberts . " There is , however , in this set of rules ,. a very important change in tlie announcement about the bank ; nil that related to the bank having a two-fold purpose is omitted , and this is what'we have substituted in its place . The introduction contains the usual statement of the objects of the Company , and a sort of medloy of political economy and agriculture , which it is not necessary to read .. This is a question of bona fides , always coupling the lona fides of Mr . Bradsliaw with those of the plaintiff ; and I shall therforo read you a few paragraphs from the introduction : —
The National Land- Company has been called into existence topiimecr the : way . in the glorious work of social emancipation . Its purtieulai- object is tho benefit of its members ; its genenil object , to point out the means Of rendering permanently prosperous the condition' of the industrious millions . Tho Company aims at the realisation of its purpose by tHe location of its members upon the land , ' and by aiding them with funds for tho cultivation of their farms , ¦ . ¦ ¦ . '¦' ¦ . I do not profess to see how , if all England were cut up into cottage allotments of two and three
acres , - the objects of all society " : viz ., tho happiness of man and tbe glory of God , would be promoted . There would , at any rate , naturally arise , a somejrhat difficult question—what would be the result to thoso which would be consequent to the command " increase and multiply ? " If the second generation could bo provided for , the third would be rather inconvenient . I do not , however throw the slightest discredit upon the bona fides of this scheme . It may have been entertained with perfect honesty , but that is a question for you to decide . It then goes on : —
Tlie Board of Directors , in presenting to the public the following prospectus of the objects , principles , means , rules and regulations of the National Land Company , trust tliat everything therein contained will be found clear and definite . Their ardent hope is that thcso regulation ? will exhibit the land plnn , comprehensive as its objects aro in such simplicity of detail us slitill make it thoroughly understood by every capacity . The Board of Directors feel it their ! duty to the public to state that the number of shareholders in tho National Land Gompnny is 'imitcd , nna , judging ftom the celerity with which , it now advances , much time willl not elapse before the number is completed . , v , ! . ¦ ¦ . It must be remembered that all this time the Com-
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' any- ) waBTgOingiion ! collecting ¦ BubscribtiotiB- 'km tfflMUng jisbareholder 8 , u . which it had ; : no-tiiht : tod 0 j > ir *; ' i-af : m ><;> i-ifj Vi v < - , - :: . ; -.. ?; :- >;;^ . . i . ;? ? ;; ,, oi' # , « ety natdral question : sugggests Jiurelfio ' - the mind of erery individual about . vto become a i shareholder in this Jomnjuiy , namely ( 1 , ' When will it bejikely that I shallbe ln . Vpps 6 ession . pf myAimi , . &c . ' . To such Inquiry , the 'Di ii * ect < Jr s : liaye ; tO . replyj fchai'the term of . location i > ill 'dfepdhd entirely upbh'the'facih ' ty with which the capital of the Company'can-be reproduced . ' ••'¦;"; ' ' ; ' . ' . "" ¦ ¦ ¦ -Ttien ' oohies'the ' schemo for the reproduction of bapitai ; it isWfoUows;— :. '" Suppose ' the Company make . a purchase of 300 acres of land at 40 Lper ' acre' ( 12 , 000 ? . ) , and build 100 cottages at KM . each ( lO . OOpf . ) , besides advancing aid money to one hundred allottees- at 22 { . 10 s . each ( 2 , 250 J . ); the aggregate cost of location ,, including land , building , and aid money , would amount : to-2-1 , 250 ? . In order to Ideate a second hundred of the members , the Company purpose to reproduce ' the sum of 21 , 250 { . by making the land , buiWing , Ac , liable to the National . Liind and labour ! 3 anlt . '
At this time Mr . O'Connor owned the bank . It had ceased t © have ; iny connexion with tlie Land Company , ana that'fact had been announced , to all connected with the bank : — ' : Liable to the National Land and Labour Bank , for deposits to that amount- ; the depositors in the bank having ailegnl claim upon'the'property of tlie Company for the amounts ; advanced by them . In this way the Company intend to reproduce the capital-spent upon each estate , and if the industrious classes ot the , United Kingdom give the Company that support which their noble and ph lanthropic
olyec s deserve , in a very few years a great and beneficial change will be eflccted in tho condition of the toiling millions of England , through the meritorious efforts of the Company . It has been asserted , that the above classes have not the means of aiding the bank to tho extent requisite to locating the thousands who beU . ng to the Company , and who are yearning to get possession of a ' little land . ' which they rightly look to as their only hope of comfort or independence . Nothing can be more false , as die statistics of tho ' Savings' Bank' will amply testify ! Do not these same classes deposit , annually , hi such bank more than twenty millions of pounds sterling .
Certainly , at that time , if Mr . O'Connor was tho solo proprietor , of the bank , the depositors had no security on the land , and it is for you to decide whether the whole was not completely illusory ; and in deciding upon that it must be remembered that in many places the security of the land and buildings is spoken of . " . It f is for you to consider this ; but , I must say that I cannot understand why , when that notice was given to the depositorsJn the bank , instead of publishing this document , that circular , or rather the substance of it , was not'sent to each shareholder . We had , then , at this time Mr . O'Connor- the actual treasurer and Mr . Roberts the nominal one . We had the bank put forward as one of the elements of this scheme , and yet the bank had nothing to do with it , and no individual derived the slightest security from it . Tho bank was Mr .
O'Connor ' s own , and he alone was responsible to the . depositors . It has been given in evidence that before the rules ' were registered' in 1847 , this separation-Sergeant Wilkins . —The date of tho circular , my Lord , is 1848 . The Lord Chief Baron . —It is very well to throw in that date , but when you find that change of language , and the omission of " the two-fold purpose , " and the change in tho proprietorship kept in the back ground , it is for you to draw your own conclusions , but it is my duty to call your attention to the circumstance . I have now to call your attention to the pleas'pat in in justification . 'First , i ' tsaya that it is aCompany within the Act of Parliament . I have quoted , and it appears to me that that statement is made out . supposing the testimony of the witnesses to be true . Then it states the
scheme as it is propounded in No . 3 , the rules which first contain an account of the banking department ; and after other matters in the plea "the defendant further says that tbo introduction to the rules was false , in divers respects , as the plaintiff well knew . " Then it states in what it was false , " and especially it was false inasmuch as the land had not , as alleged in : the introduction , fallen a prey , to ruthless monopoly" and so on . But these are mere political matters ,. 'Und have nothing to do with the issues . It then says it was also false in this , that at the
timo of the publication of the said books there was no banking department in the said Company , and certainly there was not ; neither waa there a bank , for a bank could not be considered a bank until i was registered , and that was not done or attempted to be done , and I would here observe , as a matter of pleading that if the defendant had traversed the Company in the declaration , he would have compelled the plaintiff to give evidence instead of having to iake it upon himself . The plea then alleges that there was no bank . No dOubt that is true . '
And the defendant further says that at the time of the publication of the said books as aforesaid , the said Company had ano ^ ce of business in a certain house , and that in the same house the plaintiffhad at the time last aforesaid an office for carrying on the business of a bank , called the National Land and Labour Bank , the same then being notthebankot the said , Company , but the bank of him , the plaintiff , which two offices then immediately adjoined to and communicated with cacti other , thereby then reasonably creating in persons to whom the truth of the premises was unknown , the belief that money deposited in the said bank was deposited with the said Company ; and that the depositors thereof would thereby certainly have as security for the repayment of such deposits the security of the said Company and of the property thereof ; whereas it wasatthe time of the publication of the said introduction exceedingly doubtful , as the plaintiffthen well knew , whether such depositors would or could have ab security for the repayment of such deposits , the security of the said Company , or of any part of the property thereot .
It appears to me that thai is made out in point of fact if we are to believe the evidence . It is quite certain the depositors bad no security on the land . It goes on then to state that "by reason of the premises , as aforesaid , tho plaintiff whs dishonest in connexion with tbe said Land Plan . " They do not , you will see , impute personal dishonesty in the way of actually appropriating the money , but with having acted with dishonesty in not making a proper and full disclosure of tbe real state of things . This is the question , and you are to put your own constructional can in that give you no assistance whatever ^ on what tho defendant meant by the word " dishonest . " If lie meant to say that the scheme was a political imposition , inasmuch as all had not been stated that ought to have been stated ,
then the plea is made out . But if you think he meant personal dishonesty , then you must decide whether the plea bo made out , but the two propositions aro by no means identical . Then it goes on to say that the plaintiff , as tho promotor of tho Company , received from the subscribers sums of money exceeding 10 s . < for every £ 100 on the amount of every share of the capital of the said Company , contrary to the provisions of the said act . " This part of tlie plea is certainly mado out ; because tbe Company being commenced after the passing of the Act , neither 'the most honest and upright man in the kingdom , with the most patriotic views , nor Mr . O'Connor , although he was actuated with the purest views that ever filled the hrest of Howard or Cartwright ; or any philanthropist , certainly has a right
to collect £ 112 , 000 contrary to an Act of Parliament , and keep it in his own bands or lay it out as he thought fit ; but over which tho subscribers had no direct control . Then he goes on to show " that the plaintiff was dishonest in connexion with the Land Flan in falsely suggesting the existence of a banking department of the Company , and by holding out such expectations , and thereby inducing numbers of poor persons to pay their money , and in nottaking reasonable care to ascertain whether there was any reasonable prospect of such expectations being fulfilled , < kc . " That raises the question with respect to the ' meaning of the word honest . Practically we should say tbat a careless person—careless of his own property and careless of the property
of other persons—was dishonest . If you should think tliat it imports personal dishonesty , you must decide whether , in your judgment , Mr . O'Connor ' s conduct ; justifies this imputation ; but if you think by dishonesty is meant tnat he did not make those communications which he ought to have madethat ho did not take pains to ascertain matters which lie ought to have ascertained with respect t-b the plan , you will then have to sgg whether , in this other sense of the word , the plea is not made out . The defendant then goes on to allege as a motive , the increase in the sale of his newspaper . On this point I fully concur with tho learned coungel , that if any man contemplates any great scheme of philanthropy , he is not bound to turn away from it because it would increase the value of some other
undertaking in which he was concerned . If Mr . F . O' Connor ' s scheme had been started solely for the purpose of the sale of the newspaper , it would no doubt bo open to what is here insinuated . I must say , however , that the treasurer of a company , into whoso Hands all tho money passes , professing to account for it only in his newspaper , does appear to be open . 'to remark ; and of that you are to judge . Then it ; alleges that Mr , O'Connor received these monies , ' and purchased estates ; and , in substance , that tho monies and estates were at his own disposal . -It has turned out , from the evidence , thatall the monies of the company and of the depositors were placed in his own name at different banks . It was suggested that thore was a different account kept at some of them ; and it appears tbat the manager of the bank , on his appointment , said , " This will not do ; you ought to have two different
account s : ' and thereupon the B . A . account was kept separnt e from tho private account . So far Mr . O'Connor followed the suggestions of a prudent man ; nrseparating tho two accounts , which was the n . oro necessary now that tho bank was separated from the company . No doubt thore was the suggestion of Mr ; Roebuck that , whilo all these monies were in the name of Mr . O'Connor at a bank , had he been unfortunately connected with trade , and become insolvent , every- shilling -would have been divided' amongst his creditors . That is the undoubted law of the caBe . Had he failed , the accounts could not have been kopt separate It is for you to say whether anybody ouijht to have put so large a sum in such aposition , That is aq iiestionfor you , asjmen of business , and < men of the world ^ to decide , and it is not an unreasonable one , for Mtv O'Connor , as the proprietor of a newspaper , is a trader within the meaning of the Bankruptcy Aot .
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Tnerehave lately beeV times of ; enormous' ' specula tion , and men , and very wise men-too—learned in tho various chances ot ; life—have been ' tempted to lay but money , . apparently , with . thef certainty , of it being returnedlwitli " profit , b ' ut who , despite of every ' probability , have been'mistaken , disappointed and ruined j ^ and I think I am bound to express an opinion that no man ; uaa a r j g ht to entertajn such a confident ' opinion pf his owrinonour and integrity , sis to perii £ 100 , 000 belonging , to others , whether ' P ° / 01 ; rich , and leave its re-payment to the chance of his remaining solvent or honest . There was no necessity for it . It is quite a fallacy to . suppose that tliap money must have been placed in the name of a single person . Nothing would have been more easy than to have placed it in the hands of several
parties , ( signing a paper that it was held bv . ' them in trust to bo paid over to the treasurer of . the contemplated society , when its registration had been completed , ) and then , if any accident bad happened to one it would not Have affected tho fund . Tho same remarks apply ' t 6 the next matter in the pleas , which is the question of the estates . The learned Sergeant is quite right that the declaration of Mr . O'Connor would , in case of his death , be conclusive evidence that he was nothin / r but a trustee ; but . in the meantime , as Mr . Roebuck truly remarks , no one' can meddle with them , he being clearly the legal owner . Bud these shareholders , not being enwajjed in a legal transaction , could not file a bill in reference to them for any purpose whatsoever .. And if it were ' legal , not without a very great expense
What right , then , has any man to deal witn tno pro * perty of others by putting it at the risk of his , own honour and integrity , or make it dependant oh the extent to which he has pledged himself on the point of trusteeship one way , and in point of legal interest the other way . Thoso aro tho whole , of tho pleas , and it is for you to say to what extent Ser « eant WilkilNS . —With reference to tbe property It ; is stated to be conveyed to his own use and benefit in the libel . Tho Lord Chief Baron . —Well , gentlemen , that is true , he did convey them " to his own use and benefit . " No other person but him , in point of fact , has a legal title to theiri . Thelibel is perfectly true —he did convey them to his own use and benefit , and to that of nobody else . And when that
attorney ' s clerk said they were conveyed to Mr . O'Connor because ho did not think they ought to be conveyed to Mr . Roberts , you will remember that I asked him whether it would not be better that they should be conveyed , neither to the one nor to the other ,. but to , trtistees , with the declaration of trust —Mr . Chinery , in the simplicity of a clerk not out of his articles , but certainly in his last year , and for whom , if that be an excuse , it certainly is no excuse for Miv Roberts leaving his town business to be conducted by such a person , said , " It never occur * red to me tbat there was any other mode of conveying it , but either to Mr . Roberts or Mr . O'Connor , " as if no person under Heaven but one or the other was capable of such a trust . Mr . O' Connor is a per * son of some experience in the affairs of the world . I should suppose , from his writings ( said the learned
Judge , turning over a copy of the Northern Stir ) that he is a person of considerable information and great talent ; and it is a question for you whether or not all this was done in ignorance—whether he was merely in error , without , any bad intentionand thus you will perceive that throughout it is a question of bona fides . But then , there i 3 , also , another question , as to how far a man may have fallen into errors—if errors they be—and into mis * takes , if mistakes they be , and then come to ask for damages for commeuts upon those errors and mistakes . One of the answers given by M'Grath was very curious , When an inquiry was made why Mr , O ' Connor ' s name was not put into the books as treasurer , he said , that theythought it would loot ill if Mr . O'Connor should appear to be the treasurer and also one of the directors . Well , I know , that in hundreds of institutions no treasurer is
allowed to be one of the directors ; but it is equally true that he is always compelled to give security . However you have the fact before you , that because they thought that it would not look well to have Mr . O'Connor ' s name in that position , that of Mr . Roberts was continued , it being understood all the time that he was not the treasurer . . I think it will be unnecessary for me agnin to recapitulate the evidence , unless you desire it . .. ' . '' The Foreman , after consulting with his brother jurors , said , I think it will not be necessary to trouble your lordship .
The Loed Ciiiep Baron . —If you do not wish to have the evidence again , I have a word or two to add , in order to bring you back precisely to what ia the issue . You have had the whole history of the concern . There was irregularity , and there was more than can , be accounted for in tbat way . I was surprised to find that in the book purporting to be a minute of the proceedings of the Conference in 1847 , a detailed account of some immaterial and really unimportant matters , as , for instance , of some person moving an amendment , which he afterwarns withdrew , while the appointment of the treasurer is not there . Then-again it Baid , the accounts were brought forward and approved , arid that 50 , 000 copies were to be . printed and circulated , but it turned out that this did not mean that the accounts were to be circulated : but a
paper merely to aay that Mr . A . B . had examined such accounts as were laid before him , and they were correct . The reports were not forthcoming at all , and the original papers were asked for in vnin . Tbe money , it . appears , was , sent to Mr . O'Connor ' s agent , and every shilling passed into his own hands ; every acre of land was conveyed to him , and at this time no person has really a title to . 1 single cottage or single acre except Mr . O'Connor himself . The issue is , and with that I will conclude , what are the bona fides of the parties aye or no ? Every man , being responsible to society for tho obvious inference which may . be" drawn from his conduct , has no right to complain if those whose duty it is to watch over the conduct of public men , censure him . If , then , you believe that the libel is utterly false and wicked , the plaintiff is entitled to such damage as shall be - commensurate with the
sort of injury done . If you do not take that view , do you take the other extreme one ? Do you think either justification , personal oi political , ie mads out ? It ' the former the defendant is entitled to your verdict . If you think the imputation is not personal , but political , and that Mr . Bradshaw did not moan to say that tbe plaintiff put the money into his pocket to spend to his own concerns ; but that h « did not take tho right means to make his project truly known , and that the comments which are made are such as might be reasonably made by reasonable persons on the state of things they had before them ; it appears to me that the defendant will be entitled to your verdict . If you think the imputations are unfounded , but still that the comments made by the defendant were not wholly unfair or uncalled for you shouldfind for the plaintiff , and the damages will be high or nominal according to the view you take .
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T * Tr » . BRITISH COLLEGE OP HEALTH , New Road , London . .. FALLACY OF ANATOMY AS REGARDS THE CURE OF DISEASES-THB BURKING SYSTEM-DOCTORS BUYING DEAD BODIES WITH THEIR SHIRTS !!! ON !! As persons are continually disappearing : no one knows how , it may not be out of place to consider whether the burking system is not still carried on to a great extent . Had it not been for the terrible discoveries made on Burke and Hare ' s trial , there can be no doubt that thousands would have been sent into the next world in order to feed doctors with human flesh , so that they ( the doctors ) mi p ht fill their pockets at the expense of sufivrinjr humanity . This dissection , our readers should know , forms one of tlie very lucrative emoluments proceeding ; from ' hospital practice . ' For instunco , the professor of anatomy pays , we will say , eight or ten guineas for a dead body , and then makes fifty or sixty out of it from the medical students who have
paid then- money in order to find out , as they are told , the cause of disease in a dead body ! ! Was there ever a more infamous fraud ? Where is the doctor who knows how to cure a disease from dissecHon I They all know It to lie a shameful piece of humbug , and they are not a bit the wiser from dissection , as for as regards the cure of diseases . It is all to make money ! money !! money !!! that the rascality is kept up ; dust is thrown into the eyes of the public , the doctors tell the lie ( the wicked lie !) that anatomy is requisite to understand the cure of diseases . The only anatomy really required is BONE SETTING , in case of accidents , which might be learnt by designs ; the Vegetable Universal Medicine will ihen do all that is necessary , by keeping the blood pure and healing the parts—operations for stone , cataract , cancer , &c , are perfectly useless , which is proved by the disease always comingagain . be * cause its seat is in the blood !!! Burke , the murderer , found 'Burking' tho best trade going—he used to smother
people , nnd then take them to the doctors almost hot , 6 ome even with their SHI 11 TS ON , » and used , without tlie least difficulty , to get his £ 8 for each body ^ Now . there can be ho doubt that the doctors most have known that the vietimshad not come fairly bv their deaths , yet they blinked nt ' the whole business in order tliat they m ' ght fili . toeib pockets . Talk , after this , about the ' honourable' profee . sion , the ' liberal' pi-ofesssion , and such humbug . We say , read tho : confession of the Burfcers here g iven , and if you 01111 believe that these doctors did not know at the nme that the parties had been murdered , why , then , youmust have more credulity , than we givo you credit for . The deadly chemicals of the doctors and their burkings are both on a par , only the first is not so easily detected bj the public as the other ; but that a day of retribution will come we make no doubt . We understand that poor people will no longer allow their relatives , who die in the hospitals , to be mangled by the knife of the human butchers . No wonder . ___^_^_____^_____^__ * Read the official confessions of Burke , made in to -rani ; to be had of all the Hygeian Agents . Oh ! oh ! the Guinea Trade !! ¦ ' __ .: ^» Jte » . ' ...
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Tmates' Head Mosey . —A parliamentary paper just printed ,. at the instance of Mr . Hume , contains an account of the sums whicli have been voted by parliament for tho destruction of pirates fronv . J 826 to the : 17 th of December , 1849 . The amount is £ 57 , 255 . The payments were as follows ( £ 20 and £ 5 being allowed per . head ) : —In 182 G , £ 4 , 745 : 1827 , £ f , 055 ; 1 & 8 , 4 , 850 ; 1829 , 4 , 065 ; 1830 , £ 780 ; 1831 , £ 180 ; 1837 , £ 7 , 805 ; 1838 , ' £ 1 , 585 ; 1839 , £ 2 , 210 ; 1842 , £ 185 ; 1843 , ' £ 1 , 280 ; 1844 , £ 795 ; 1845 . £ 8 ; 450 ; 1848 , £ 120 ; 1849 , £ 18 , 190 .
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I T ^ wg . . l 850 ;> M / - ^ TBjEfffeOjtfBIgfloSiTjyte'y - 7 8
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Citation
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Northern Star (1837-1852), March 23, 1850, page 7, in the Nineteenth-Century Serials Edition (2008; 2018) ncse.ac.uk/periodicals/ns/issues/vm2-ncseproduct1566/page/7/
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