As has been said, S. J.-B. had everything to gain from publicity, from a
full exposure of the facts. The worst she had done had been to state her
case in public without fear of persons, without much tact and
discretion, though with no exaggeration of the actual truth. The public
had already passed judgment on her. She was now on her defence, desirous
only of asking her opponents, under cross-examination, to deny the truth
of what she had said.
But the law of libel is an intricate and parlous thing. S. J.-B. had
been told by several people of standing—including her teacher and his
assistant—that Professor Christison’s assistant had been a ringleader in
the riot; but she did not know of her own knowledge that he had been so.
“I wished,” she says, “to plead the substantial truth of my statement;
but, being, of course, ignorant of Scotch law, I was overruled by my
Counsel, among whom was the Lord Advocate of Scotland (Young), on the
ground that I could not _personally_ prove the truth of what I had
said, as indeed I did not know the young man by sight, and it would be
held an aggravation of the injury to plead ‘Veritas’ in a matter which
was, after all, only one of hearsay. I was assured that, if the case
came to trial, abundant opportunity would be given to prove the young
man’s real conduct in the matter.”
This opportunity, however, was relentlessly withheld.
The case for the defence was one to rejoice the heart of a brilliant
counsel, being full of technical opportunity,—and to a brilliant counsel
it fell. So entirely did Mr. Shand (afterwards Lord Shand) rely on his
own bow and spear to win the day,—and it must be admitted that there was
nothing else to rely on—that he dared to risk the conclusions which must
inevitably be drawn from his omission to call the pursuer as a witness
on his own side; he dared to provoke a laugh by saying that Mr. C. “was
not so fond of public appearances as the defendant.” He laid down in his
opening statement the law that must govern the case, and with dogged
tenacity, he brought the Judge and everyone else in Court to heel. Lord
Mure, as it chanced, was easily led. The choice of a Judge in Scotland
lies with the pursuer, and in any case it might not have been easy to
find one in those days who had a prejudice in favour of women doctors.
One is glad to know that the protagonist appeared “cool and collected”
to the indifferent observer, but she must have been on the rack much of
the time, for the “substantial truth and right” for which she longed,
got no chance at all, or rather they saved their lives only by losing
them, so to speak; and that is one of time’s revenges that youth cannot
foresee.
The full report of the case appeared in the _Scotsman_ of May 31st and
June 1st. The following extracts are taken mainly from the Edinburgh
_Evening Courant_, because they are slightly abbreviated, and because
they appeared in a paper unfriendly to the cause of the women.
Public-domain text, read in full here on John Shaqi.
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