“Miss Blake has not pled or proved the substantial truth of her
accusations. She has preferred to challenge Mr. C. to prove their
falsehood. We are altogether unable to understand why he should not
have accepted the challenge, and why he omitted to deny the charges
levelled against him. We cannot see how he could have expected a jury
to give him substantial damages for his injured reputation when he
refused to allow any enquiry into the circumstances in which he stood.
The witnesses who were present on the occasion of the riot were not
allowed to say whether they saw Mr. C. present at the riot, whether he
took part in it, or what he said or did on the occasion if he was
present. Miss Jex-Blake is accordingly very properly fined one
farthing for her rash and libellous statements, and the public is left
to wonder for what earthly reason Mr. C. brought his action. It has
only one compensation for the loss of time involved in reading the
evidence in a trial which has established nothing. Miss Jex-Blake has
completely vindicated the title of her sex to aspire to the highest
honours not merely in medicine but in law. She has shown herself a
perfect mistress of the art of self defence. In no cricket field this
season have there been so many dangerous balls admirably stopped, and
so many badly bowled ones dexterously played. If the witness and the
counsel could have interchanged positions, the change might possibly
have had considerable effect upon the fortunes of Mr. C.”[82]
Footnote 82:
“Of course, as you know, I daresay,” writes Professor Jack to S. J.-B.
about this time, “all the articles that appear in the _Herald_ are
mine, and especially the good ones.”
But the end was not yet. It was still possible for the Bench to make S.
J.-B. responsible for the entire costs of the case, and in due time she
was called upon to pay—in addition to the farthing damages—a bill of
£915 11s. 1d.
Let it be recorded at once that her brother promptly redeemed his
promise, and sent a cheque for half the amount.
As soon as the decision of the Court was made known, one of the jurymen
expressed his feelings in a letter to the _Scotsman_:
“Edinburgh, July 1871.
SIR,—As one of the jurymen before whom this case was tried, I am
extremely disappointed to observe from the papers that the Court have
found the pursuer entitled to his expenses.
I have been anxiously looking forward to the determination of the
case, in the hope that the verdict of the jury would be so applied as
to receive the effect which they intended by it.
Public-domain text, read in full here on John Shaqi.
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