[libel, placard]

Gregson v. Mitchell

Supreme Court of Van Diemen's Land

Montagu J., 16 March 1837

Source: True Colonist, 17 March 1837[1]

MORE PERJURY

On Thursday, this case came on for trial before Mr. Justice Montagu, and one of Mr. Stephen’s juries of four esquires. They were Messrs. David Lord, Learmonth, Lackey, and J. F. F. Kerr. The Attorney General was for the plaintiff, and Mr. McDowell for the defendant. The action was brought to recover damages for the injury done to the plaintiff’s character, by publishing a most atrocious libel, being the copy of a placard, which had been stuck about the streets by Mr. Henry Arthur and Mr. Jellicoe. A similar action had been commenced against Mr. Arthur, but he and his friend Rowlands got it put off, on the plea that the public mind was greatly excited against him. This was the trick in Mr. Bryan’s case, by which his actions were defeated. In the present instance, the defendant, who is a clerk in the Secretary’s office, went with Mr. Jellicoe to the office of the Colonial Times, where he found Mr. Toby, who is chief clerk in that establishment; and he, Mr. Mitchell enquired if the paper which he brought in his hand (being the counterpart of Mr. Jellicoe’s placard,) could be published in the paper then coming out. Mr. Toby took it to Mr. Melville, who agreed to punish it, on condition that he should first be allowed to shew it to Mr. Gregson. To this Messrs. Mitchell and Jellicoe readily consented, saying, that they did not care who saw it; that publicity was their object. Mr. Dobson also proved, that Mr. Mitchell had avowed being implicated in this affair, and asked, why Mr. Gregson did not call him out, if he would not condescend to fight Mr. Jellicoe.

Mr. Macdowell was very brilliant on the subject of a reporter getting a dinner, which he was pleased very facetiously to look upon as a rare occurrence. We presume the learned gentleman had reference to his own experience in the days when he was a reporter. He also endeavoured to throw discredit on Mr. Toby’s evidence, treating it as an impossibility, that a reporter’s testimony should be believed in preference to that of a Magistrate. However, Mr. Mac found it impossible to make the Jury come to his way of thinking, and they believed the reporter in preference to the Magistrate, and gave a verdict for the plaintiff of 40s, and costs. It appeared that they did not feel themselves called upon to give heavy damages, because that the publication of the placard would have taken place, or rather had taken place without this act of Mitchell’s; and that by giving any other than nominal damages they would be exposing Mr. Gregson to the imputation that they had valued his character at the damages. As it is, they have marked their opinion of the act by giving costs. We have heard the expression of very opposite opinions on the conduct of the Judge in this case. Mr. Jellicoe swore in every thing the very opposite to what Mr. Toby swore; and the Judge then read all Mr. Toby’s evidence to Jellicoe, and asked him whether it was true or false? And he deliberately swore it was false. But the Jury did not believe him. Still this man is a Magistrate! Will Sir John Franklin take no notice of this? We saw Messrs. Jellicoe and Arthur coming out of Government House to-day; we hope that they have at length had the decency to relieve Sir John by resigning the Magistracy they have degraded; We cannot conceive any other proper errand that they could have at Government House.

The conduct of Mr. Mitchell merits some notice. Had Colonel Arthur been here, he would no doubt have got a Police Magistracy conferred upon him, as he got the chief clerkship for insulting the Attorney General. We would respectfully solicit Sir John’s attention to the fact, that these retainers of Colonel Arthur’s offices appear to be at the bottom of all the quarrels, which have disturbed the peace of society; they have in fact been the sole promoters of these quarrels, and for such acts favours and rewards were heaped upon them.

Notes