William Cobbett: A Biography in Two Volumes, Vol. 1Smith, Edward
History
William Cobbett: A Biography in Two Volumes, Vol. 1
Smith, Edward
Cobbett, William 1763-1835
Mr. Cobbett’s leading counsel was EDWARD TILGHMAN, a gentleman who had
acquired distinction at the bar, and whose name is still remembered
with honour. He had been recently a candidate for representing the
state in Congress, but was beaten by John Swanwick, Democrat. Mr.
Tilghman took up Cobbett’s side _con amore_; but there is no record
of his speech.[8] _Claypoole’s Advertiser_ goes so far as to say that
“the pleadings on both sides were lengthy, ingenious, and eloquent,”
but does not reproduce them. Mr. Harper, however, another counsel for
the defendant, is stated by Brown’s _Gazette_ to have spoken as though
he had a bad cause in hand, and “appeared resolved not to defend it at
the sacrifice of his honour and character as a gentleman.” The judge’s
summing-up has not, likewise, gone into oblivion; for Mr. Cobbett took
pains to preserve it, and it appears among his reprinted American
publications.
The judge (Shippen) dwelt strongly upon the imputation of personal
malice, which had been advanced by the prosecution, and urged that
no attempt had ever been made to combat the doctor’s arguments
with regard to the system he had pursued with his fever-patients.
To call the plaintiff a quack and an empiric--to charge him with
intemperate bleeding, and the injudicious administration of mercurial
purgatives, and with “puffing himself off,” besides calling him the
Samson of medicine, for he had “slain his thousands”--was slander,
and a pernicious abuse of the liberty of the press. He concluded with
reminding the jury that offences of this kind had, for some time past,
too much abounded in the city, and it was high time to restrain them;
and, to suppress so great an evil, it would not only be proper to give
compensatory, but exemplary damages! Which the jury did, to the tune
of five thousand dollars, and to the dismay of the defendant.
The court was crowded with the plaintiff’s friends, and the
announcement of the verdict was received with great applause. Outside
there was also much rejoicing, although the newspaper-men heard the
news with mingled feelings. They professed to “derive pleasure and
satisfaction” therefrom, and behaved very tenderly to each other for
several days. Mr. Duane’s paper, the _Aurora_, which had been fifty
times as bad as _Porcupine’s Gazette_, was subdued and silent; its old
opponent, the _Philadelphia Gazette_ ironically observed that “not a
single sally of wit or sprightliness, and, what is more surprising, not
many lies or much impudence, have appeared in it since this memorable
verdict was given.… No wonder Master Duane looks pale, &c., &c.” But
the same paper was somewhat rash to continue in the following strain,
referring to Dr. Priestley:--
Public-domain text, read in full here on John Shaqi.
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