The story of the Congo Free State : $b Social, political, and economic aspects of the Belgian system of government in Central AfricaWack, Henry Wellington
History
The story of the Congo Free State : $b Social, political, and economic aspects of the Belgian system of government in Central Africa
Wack, Henry Wellington
Belgium -- Colonies -- Africa -- Administration; Congo (Democratic Republic) -- History -- To 1908
so, of course I am perfectly aware that that is not the point of
the case, but you cannot keep out of your mind in a case of this
kind what has been the conduct of those who are responsible for the
libels which have been published. Is it a case in which they have
done the thing with a _bona fide_ intention to produce and to bring
to light, and to make to cease outrages and atrocities which have
been committed in any part of the world, or is it, on the other
hand, to make a profit out of something which has been brought to
their knowledge to the detriment of other people? If you think that
this was done to get a profit by forcing the Belgian Government to
buy their silence, it would appear to me that you would deal with
the matter upon a different footing to that on which you would be
willing to deal with it if you thought that the Defendants, from
beginning to end, had done their best to alleviate the mischief
which their published statements might have unfortunately brought
about.
You must also, I think, look at the conduct of those who were
guilty of having published this libel. Have they done the best
they could to alleviate the consequences, or have they, on the
other hand, maintained the fact that it was true until almost
the eleventh hour; and have they also, or have they not, whilst
this matter has been going on, been actuated by other motives,
not merely the motive of bringing to light in the public interest
a scandal that was going on, but by the idea that out of this
business they would make some ugly profit for themselves?
The jury retired at 3.22 o’clock. In ten minutes it returned a
verdict for the plaintiff, Captain De Keyser, awarding him £500
damages and costs. Sir Edward Clarke, plaintiff’s counsel, having
moved the Court to make the preliminary injunction forbidding
publication of the book perpetual, defendant’s counsel gave
expression to the thought that if the Court complied, it would be a
“very hard and cruel proceeding.” In replying to this observation,
Sir Edward Clarke said:
I do not know that the interference with the business of persons
who publish libels like this is a public misfortune; but it would
be very unfortunate indeed if after the Jury have found a verdict
in my favour upon this matter, and awarded substantial damages,
that the Defendant should be free from the Injunction which has
gone on for the last year. I do not ask your Lordship to vary the
Injunction, but I ask your Lordship that the Injunction which
lasted while this matter was in dispute shall be made perpetual.
Public-domain text, read in full here on John Shaqi.
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