MAYHEW V. SPOONER. 
165 
Mr. Sergeant Wilkins. — -Yes; and you too. 
Mr. Cockburn. — Yes ; both sides. Do not let us have a quali- 
fied retractation. 
Mr. Sergeant Wilkins. — I do not want to do any thing unhand- 
some or improperly qualified. 
Chief Baron Pollock. — What I understand is, that the offensive 
expressions on your part are entirely withdrawn. What I consi- 
der, Mr. Cockburn, the best apology is, the speaking of your client, 
the plaintiff, as a gentleman of high character, and an expression of 
regret: I think that is ample. 
Mr. Sergeant Wilkins. — And they are both withdrawn. 
Chief Baron Pollock. — They withdraw the expressions of the 
plaintiff. It was, no doubt, an offensive expression ; and, next to 
giving a blow, the use of the expression which is avowed on 
the part of the plaintiff is as great an offence as can be. 
Mr. Cockburn. — It is understood that the words “ convicted 
libeller,” and “ desecrator of the Christian religion,” are with- 
drawn. 
Chief Baron Pollock. — Yes. 
Mr. Martin. — And then a juror be withdrawn. 
Mr. Sergeant Wilkins. — There is no doubt it was a meeting at 
which there was a good deal of excitement on both sides; and I am 
certain that Mr. Mayhew would never for a moment justify a 
gentleman using that language, saying of another gentleman, “ you 
are telling a lie.” They both used expressions which they regret. 
Mr. Mayhew . — I am the plaintiff in this case, and this action is 
brought under circumstances 
Chief Baron Pollock. — Mr. Mayhew, do not. The language 
addressed to you is withdrawn ; nobody ever believes you are a 
“ convicted libeller” and “ a desecrator of the Christian faith.” 
Mr. Cockburn. — It is a verdict for £5, so as to carry costs. 
Mr. Sergeant Wilkins. — 40s. will carry costs. 
Mr. Cockburn. — Your Lordship will certify it is a fit case for a 
special jury. 
Chief Baron Pollock. — Yes; if you permit me to suggest, I 
think the better way will be to withdraw a juror and to enter into 
an arrangement for the purpose of paying the costs. 
Mr. Cockburn. — Certainly. 
Mr. Martin. — And your Lordship will certify for a special jury, 
so that that should be part of the costs. 
Chief Baron Pollock. — Oh yes. 
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