APPENDIX TO CHRONICLE. 



177 



Mr. Raine. — I do not know that 

 any action of the kind has ever 

 been broiight. 



Mr. Baron AVood. — It appears to 

 me that an action cannot be main- 

 tained for words spoken in judicial 

 proceedings. If a counsel misbe- 

 haves, or goes too far, the judge 

 who presides corrects liis miscon- 

 duct ; but if an action is once 

 maintained, there is no end of it. 

 Actions of this kind would ])ei- 

 petually occupy the court. If a 

 counsel were to pause in his plead- 

 ing, and to say such a man is a 

 great rogue, that would be action- 

 able. 



Mr. Raine. — That is precisely 

 our case. We say the libellous 

 expressions were voluntarily and 

 gratuitously used. 



Mr. Baron Wood. — No; whe- 

 ther a note was fraudulent or not, 

 as I understand the record, for I 

 know nothing- of the nature of the 

 first action. 



Mr. Richardson. — The privi- 

 leges of Parliament liave been al- 

 luded to. I don't apprehend that 

 the question here has any resem- 

 blance to them. — (Mr. B. Wood. 

 Why not?)— Well, be it tliat the 

 utmost freedom of speech is allow- 

 ed ; but to go out of the way to 

 attack character — (Mr. B. Wood. 

 No, it was not out of tlie way ; 

 the words might be too severe, !)ut 

 they were connected with the note. 

 It would be a dangerous precedent 

 to receive an action on such a 

 ground.) — If a man's character is 

 injured, if, for instance, a sui'gcon 

 is injured and obstructed in liis 

 career, there must surely be some 

 remedy. The presiding wisdom 

 in our courts is no protection, 

 when the injury is sustained, 

 when the .shaft strikes, and cannot 

 Vol. LIX. 



be extracted by such protection. 

 I, like all my brothers, am in- 

 terested in the full freedom of the 

 bar, but there must be a limit. 

 The privilege of parliament is a 

 jieculiar species of right that can- 

 not in its very nature be made 

 actionable in courts of law. The 

 plain question here is, if the coun- 

 sel could with impunity go out of 

 his way, and say, Mr. Hodgson " is 

 a fraudulent and wicked attorney." 



Mr. Topping. — Does your Lord- 

 ship wish us to say any thing on 

 the question ? 



Mr. B. Wood.— Yes. 



Ml'. Topping. — } did expect to 

 hear some observations by your 

 Lordship on the novelty of this 

 action. Its tendency and nature 

 are important, not only to the bar 

 but to the client. If such an action 

 can be maintained, very different 

 will be the situation of every client 

 in a court of justice, when deprivetl 

 of the free and vigorous exercise 

 of his counsel, at full liberty to 

 apply his talents, learning and 

 industry to the cause in which he 

 is engaged. The words in the 

 record are only the opinion, the 

 inference, the comment, which 

 my honourable and learned friend 

 felt at the time to be merited. The 

 facts of the case warranted the 

 comment. Mr. Raine very judici- 

 ously and very <ibly — I observe he 

 shakes his head, but I will say — 

 (Mr. Raine, I read every word,) 

 — if Mr. Raine had not interrupt- 

 ed me, lie would have heard me 

 say, in terms no ways disrespect- 

 ful to him, tliat he showed great 

 prudence and discretion in not 

 communicating the facts and cir- 

 cumstances of the case. The 

 words were severe, because my 

 lion, and learned friend felt severity 

 N to 



