SIR,—I am not surprised at the letter in your publication of to-day,
of a ‘A Juryman’ in the above case. The Clerk of Court was _in
substance_ correct in his statement to the jury that by a recent Act
of Parliament the pursuer in an action of damages is not entitled to
expenses if the verdict is for less than £5, but he was wrong in not
at the same time informing them of the discretion still left to the
Court....
But the thing that strikes me most forcibly in the juryman’s statement
is how came it that a Clerk of Court was allowed to speak to the jury
at all on such a matter. The public are indebted to the juryman for
making this known, because it at once explains what was intended by
the verdict. I do not think in the circumstances the verdict is worth
anything, and I would strongly advise Miss Jex-Blake to appeal the
case, and have the verdict set aside on the ground either of the
Clerk’s interference, or that the decision of the Judges is wrong.
Certainly the decision on the matter of expenses is very
unsatisfactory to the legal profession, especially as it was given
without the usual statement of the grounds of judgment.
I am, etc.,
A LAWYER.”
It remained for Miss Pechey to give her views on the practical outcome
of the case. Poor little Hope Scholar! She had travelled far since the
days when she had refused to “appeal” because she was better employed in
listening to the nightingales.
“Edinburgh, July 13th.
SIR,—I see that a juryman has written to you to say how very ill the
recent decision as to the costs agrees with the intentions of the
jury, and a lawyer has made clear how extraordinary it is in point of
law. Will you allow me to say a few words, from personal experience,
on the practical results?
The medical students of Edinburgh have received a hint by which some
of them seem well inclined to profit. They have been told pretty
plainly that it is possible that there should be a riot got up for the
express purpose of insulting women, for one of the very women insulted
to be accused of libel when she complains of such conduct, and then
for the insulters to escape scot-free, and the complainer to be
mulcted in expenses. In fact the moral seems to be that, unless a
woman is willing to be saddled with costs to the amount of several
hundred pounds, she had better resolve to submit to every kind of
insult, without even allowing herself to mention the facts.
Public-domain text, read in full here on John Shaqi.
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