278 Notes for the Month. [SEPT. 



trade (o the amount of from one. to three, or perhaps to five hundred 

 pounds. 



Now the same practice of allowing nominal damages to carry costs, exists 

 in all actions of Assault ; and it is true that, attirstsight, the cases appear to be 

 the same. And frivolous actions for assault are not very numerous ; although 

 itwould be possible tobringthem on very slight, yet sufficient grounds, every 

 day. But the truth is, that the advantage of bringing these actions (to an 

 attorney) is extremely different. In the first place, the persons among 

 whom the assault and battery cases arise, are not often in a rank of life 

 from which much money is likely to be gained. They are either parties 

 both in a low condition, who have no money ; or both in a respectable 

 condition, who have some character. It seldom happens that a man of 

 straw is beaten by a man of substance; but where that does happen, five 

 times in six an action is brought. In the next place, an assault case is one 

 that must be proved; and an attorney knows that it is always a case 

 proved with difficulty and uncertainty. The jury have some discretion 

 as to the verdict they give, and will consider whether the circumstances 

 amount to an assault or not. And, lastly, it is to be particularly recol- 

 lected, that, for an assault however well-packed and got up we can 

 .bring no more than one action : one case, when it is arranged, can only 

 serve for once ; we cannot, because a man has had his ears boxed, bring 

 actions against a whole county. Now this last circumstance alone consti- 

 tutes a sufficient cause for the preference shewn to an action for libel ; 

 a matter in which, when once to use a printer's illustration we have 

 a case set up, we may go on striking off as many impressions as we please. 

 Seven actions, it appeared, had been commenced for one newspaper para- 

 graph, at the suit of a man called dies was, who lately obtained a verdict 

 for a. farthing against the Wolverhampton Chronicle I But the whole pro- 

 cess is sure gain, and plain sailing. Some man no matter who has some- 

 thing said of him, or some report referred to concerning him, which no one 

 doubts, but which no one can prove to be literally true. A prize-fighter is 

 reported to be suspected of having made his last battle a " cross ;" our 

 " Mr. Cheswas," we believe, was spoken of as having incurred blame, by his 

 mode of riding a race. Nowhere is a case that is cock sure ! Nobody can 

 prove that the battle was a " cross :" and the judge will certainly declare that 

 the paragraph is a libel. For us to break down in our evidence is impossible ; 

 for we have no evidence to give but the copy of the paper, and the register 

 of the proprietorship from the Stamp-office. If the jury do their worst 

 against the plaintiff, therefore if they give him a Farthing damages 

 the attorney (who is the real promoter of the cause) will get his tf lump- 

 ing" damages not a " Farthing," but a good Two hundred pounds, 

 under the name of u costs !" And " The greatest is behind." This 

 " libel" is not a question of one action ; not of one two-hundred pound 

 job, but of twenty. For the offensive paragraph has made the usual 

 round of the newspapers; and the attorney, with his verdict against the 

 FIRST in his hand with his point settled and decided goes to work 

 against all the OTHERS. In every case where the " libel" has been copied, 

 nay, in every case where it has beon sold, the judge will declare that 

 " the party" (the attorney) is entitled to a verdict; and, no matter how 

 much of contempt or disgust the terms of that verdict may exhibit on the 

 part of the jury, while it gives him two hundred pounds in the shape of 

 "costs," which it must do, the man of parchment is perfectly content. 



Now the duty of juries, in civil actions, is to do justice between the 



