176 ANNUAL REGISTER, 1817. 



in both; some actions in the folly 

 and knavery of attornies, and 

 some in the folly and knavery of 

 the parties." My friend is not 

 apt to deal in metaphysical ab- 

 straction ; you know very well 

 that he docs not use words with- 

 out application. We shall not at- 

 tempt to prove his whole speech. 

 You know with how little credit a 

 long story is received from wit- 

 nesses ; but we shall prove the 

 words here entered upon the re- 

 cord : "Mr. Peter Hodgson was 

 tlie attorney for the plaintiff; he 

 drew the promissory note ; he 

 fraudulently got Beaumont to pay 

 ISOl. to the plaintiff. This was 

 the most profligate thing 1 ever 

 knew done by a professional man." 

 Then follows the particular ex- 

 pression which we have charged 

 in the secorul count on the record : 

 it concludes the remarks already 

 stated to you. The sting is always 

 ill the tail. " Mr. Hodgson is a 

 fraiidulent and wicked attorney." 

 Now, gentlemen, I ask you, if 

 you were wrong in any action 

 brought into this court, how 

 would you like such abuse of the 

 freedom of speech by a gentleman 

 holding a high reputation at the 

 bar ? A humbler individual, if he 

 had not the spirit and the honour 

 to vindicate his fame from such an 

 attack, would be ruined. My 

 client has the spirit and honour to 

 repel it. The defendant has join- 

 ed the general issue ; that is, the 

 words are denied. I have a right 

 to presume, indeed I have more 

 than a presumption, that his in- 

 structions did not warrant the 

 words, and Mr. Hodgson has taken 

 care to ascertain the fact. In the 

 hurry, agitation, and irritation of 

 the bar, words may certainly be 



uttered that are not warranted ; 

 but a serious impression to the in- 

 jury of character and professional 

 career could never be allowed to 

 be made with impunity. What 

 was Mr. Hodgson to do? He called 

 upon Mr. Scarlett to justify or to 

 deny these words : he would do 

 neitiier. Mr. Hodgson, therefore, 

 found he must appeal to a jury. 

 The words will be indisputably 

 proved. Mr. Hodgson was dis- 

 tinctly predicated to be a fraudu- 

 lent and wicked attorney. The 

 only (juestion then was, whether 

 he was thus to be traduced with 

 impunity. I mentioned that the 

 plafntiff lives in a different county. 

 it is generally a suspicious cir- 

 cumstance for a plaintiff to come 

 to a jury of a different county, as 

 if he could not trust a jury .who 

 knew his character. But in this 

 case the action was brought here 

 because tlie words charged had 

 been uttered here ; and it is rather 

 advantageous to my learned friend, 

 for if there is one place on this 

 circuit in which he is better known 

 than in another place, it is the 

 county palatine of Lancaster. As 

 I believe this will be the last time 

 1 can address you on the subject, 

 I must say a word of damages. I 

 distinctly disclaim for my client 

 that damages are his object. He 

 only wants the vindication of his 

 injured character. You will take 

 care that he sustain no loss by this 

 vindication. I do not ask for 

 angry and vindictive damages. I 

 ask no more than justice to my 

 client. Less than justice you will 

 not give. 



Mr. Baron Wood. — Can you 

 mention any action of the same 

 kind, or ujjon what principle it 

 can be maintained ? 



Mr. 



