APPENDIX TO CHRONICLE. 313 



taining the paragraph about Mr. 

 Stewart, and the interest with 

 which it was read. 



Mr. R. Carrick, a partner in 

 the Ship Bank, where Mr. Stew- 

 art discounted bills, had heard 

 the report. On seeing the report 

 in the newspaper, the witness 

 told Mr. Stewart that he consi- 

 dered it a stroke against his 

 credit, advised him to take steps 

 to clear his character, and in the 

 mean time to lessen his commer- 

 cial transactions. After this Mr. 

 Stewart did not do so much 

 business with the Bank as before. 

 Some persons who had placed 

 money in Mr. Stewart's hand, 

 proved that they had demanded 

 it in consequence of the story, 

 which had made a great impres- 

 sion throughout the country. 



Mr. MoncriefF, for the defend- 

 ers, stated that Mr. Allan, at the 

 time the paragraph was published, 

 was abroad with his wife, whose 

 health rendered travelling neces- 

 sary, and who died in Italy. It 

 had been said that the defenders 

 had refused to give up the author 

 of the paragraph; but the fact 

 was that a person of the name of 

 Kilbee had furnished the inform- 

 ation ; and the pursuer was told 

 so. This piece of news had been 

 inserted by Mr. M'Kay in the 

 routine of business, without his 

 even knowing who was alluded 

 to under the initial S. From the 

 paragraph itself no one could 

 know to whom it alluded. It was 

 only from extrinsic information 

 of the process that any person 

 could know to whom it referred. 

 When the name of the author 

 was applied for by return of post, 

 Mr. M'Kay expressed his regret, 

 and stated that it was inserted in 



the hurry of business. He also 

 stated that in the very first pub- 

 hcation, the first opportunity in 

 his power, he had published a 

 pointed contradiction of the pa- 

 ragraph. This ample refutation 

 he published without being soli- 

 cited to do so, and this contra- 

 diction said that the paragraph 

 was false and groundless. 



Several witnesses were called 

 by the defenders, to prove the 

 previous existence of the report 

 in Glasgow, before the publica- 

 tion in the Nev/sletter; and that 

 report had been received by Mr. 

 M'Kay from Mr. Kilbee in the 

 street of Belfast. 



Mr. Cockburn replied for the 

 pursuers. 



Lord Gillies, in summing up, 

 observed, " The paragraph in 

 question does not appear to be a 

 report of legal proceedings; and 

 it is therefore unnecessary to go 

 into the law with respect to the 

 general question of the right of 

 newspaper editors to publish all 

 the proceedings of the courts of 

 law. Mr. Allan could not be 

 actuated by any malicious mo- 

 tives ; and it is improbable that 

 Mr. M'Kay could be so ; but it 

 does not appear that he did on 

 application at once give up the 

 author. He is bound to show 

 that the name he gave up was that 

 of the calumniator. Damages 

 are due, not only for actual loss, 

 but solatium. The defenders do 

 not stand in the place of pub- 

 lishers who have given up their 

 author. I think that it was wholly 

 owing to this paragraph that Mr. 

 Stewart was obliged greatly to 

 diminish his business. His Lord- 

 ship then went over the evidence. 

 The sum claimed is large, and 



you 



