The jury were of the opinion that the pursuer should have submitted
some evidence to them of his non-participation in the disgraceful
riot, of which Miss Jex-Blake had so much reason to complain, to have
entitled him to a verdict; and they would have made some
representation to the presiding Judge on the subject had it been
possible to do so.
After retiring, the first thing done was to appoint a foreman. This
gentleman turned out to be in favour of a verdict for the defender.
With the view of ascertaining the mind of the rest of the jury, he
asked us individually to write down on pieces of paper whether we were
for ‘libel’ or ‘no libel’. The result was an equal division—six for
finding that there was a libel, and six for no libel. This was done a
second time with the same result. In this predicament, and after
considerable discussion as to the amount of damages, in the course of
which I don’t think a larger sum than one shilling was even mentioned,
even by those who thought there had been a libel, it was proposed to
ask the Court whether the foreman had a casting-vote. This was done,
and the Clerk came back and told us he had not. We then asked the
Clerk whether we were entitled to find for the pursuer without giving
any damages, and he told us we were not. Shortly after, we again sent
for the Clerk, and enquired whether a farthing of damages would carry
expenses against the defender. He stood a while, and said there was
some new Act which provided that a farthing of damages would not carry
expenses.
He went out to consult the Judge; but, having got this information
from him, we agreed upon our verdict, and rung the bell for the macer
at once. I had no doubt of the soundness of the Clerk’s opinion, and
in that belief I concurred in the verdict finding the pursuer entitled
to one farthing of damages. I certainly would not have done so, had I
for a moment anticipated the result which has happened. I think the
case a very hard one for the defender, more especially when, but for
the opinion given by the Clerk, the verdict might have been in her
favour. I think it is due to her that the public should be informed of
the circumstances under which the verdict was given, for it seems a
very illogical result to affirm that the pursuer had suffered no
damage by the alleged slander, or, at least damage of only one
farthing, and at the same time to compel the defender to pay a large
sum for expenses, especially when the origin of the whole matter was a
riot in which the ladies were so badly used.—I am, etc.
A JURYMAN.”
This letter was followed by one from a lawyer:
“Edinburgh, July 12, 1871.
Public-domain text, read in full here on John Shaqi.
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