Campbell v Spottiswoode

JurisdictionEngland & Wales
Judgment Date01 January 1863
Date01 January 1863
CourtAssizes

English Reports Citation: 176 E.R. 188

Nisi Prius

Campbell
and
Spottiswoode

S. C. 3 B. & S. 769. Referred to, South Hetton Coal Company v. North Eastern News Association (1894) 1 Q. B. 133; McQuire v. Western Morning News Ltd. (1903_, 2 K. B. 100: Plymouth Co-opearative Society Ltd v. Treaders' Publishing Association Ltd. (1906) 1 K. B. 403: Hunt v. Star Newspaper Co. Ltd. (1908), 2 K. B. 309: Peter Walker & Son Ltd. v. Hodgson (1909), 1 K. B. 239. Followed, Joynt v. Cycle Trade Publishing Co. (1904), 2 K. B. 292. Considered, Thomas v. Bradbury Agnew & Co. Ltd. (1906), 2 K. B. 627. Approved and followed, Merivale v. Carson, 20 Q. B. D. 275.

[421] London Sittings, Hilary Term, 1863. campbell v. spottiswoode (The plaintiff having published, m a religious paper, of which he was proprietor and editor, some appeals for assistance in circulating the paper, with a view to promote a certain religious object, and also some letters and lists of subscriptions in aid of his appeals, the defendant published certain comments thereon, the effect of which was found to be, to convey that the plaintiffs real object was to promote the sale of his paper ; and to suggest that the letters and lists of subscriptions were, some of them, probably fabricated :-Held, that the subject was a fit one for fan: comment; and that, so far as the observations merely reflected on the character of the plaintiffs appeals, they were within the right of fair comment; but, so far as they went beyond that right, and suggested fraudulent acts, or motives, they were not so, merely because bond fide, unless they were also fair.) [S. G. 3 B. &, S. 769. Eeferred to, South Helton Goal Company v. North Eastern News Association (1894), 1 Q B. 133 : McQuire v. Western Mommy News Ltd. (1903), 2 K. B. 100 : Plymouth Co-operative Society Ltd v. Traders' Publishing Association Ltd. (1906), 1 K. B. 403 : Hunt v. Star Newspaper Co. Ltd. (1908), 2 K. B. 309 : Peter Walker & Son Ltd. v. Hodgson (1909), 1 K. B. 239. Followed, Joynt v. Cycle Trade Publishing Co. (1904), 2KB. 292. Considered, Thomas v. Bradbury Agnew & Co. Ltd. (1906), 2KB. 627. Approved and followed, Menvale v. Carson, 20 Q. B. D. 275.] Libel. The action was by the Eev. Dr. Campbell, editor and part proprietor of the " British Standard " and " Ensign," religious newspapers, against the printer of the " Saturday Review," for an article in that journal on the 14th of June last, commenting on certain letters and announcements in the plaintiffs pap'er. The letters were by the plaintiff, and entitled " Missions to China," and m the papers in which they appeared were appended thereto certain announcements and appeals to the religious public, in which the name of a Mr. Thompson often appeared, and of which the following, signed by the publisher, is a specimen :- " Co-operation is earnestly invited to aid in sending forth on all sides arguments and appeals, calculated to awaken compassion for the lost millions of the land of China." " The free circulation list now amounts to upwards of 20,000 copies, included in which are the following :-The Hon. Charlotte Margaretta Thompson, Prior Park, Bath, 5000 ; the Earl of Gams borough, 1000 ; the Earl of Shaftesbury, 1000 ; the Hon. Arthur Kmnaird, 1000 ; the Rev. Dr. and friends, 1000. While this is worthy of the generous donors and the matchless cause, it is full of encouragement to the editor and highly cheering to myself. I do trust that the noble example 8F. &F. 422. CAMPBELL V. SPOTFISWOODE 189 here set will have the effect of calling the attention of many Christians of zeal and means who have hitherto neglected China." In another of the lists of subscribers for copies for distribution were the following, " R. G., 250 copies ; A London Minister, 120 ; an Old Soldier, 100." And various letters were likewise published, one of which ran thus :- " Ah, would we have our great Protestant principles, privileges and blessings more widely propagated and more securely perpetuated, then let us to a man willingly, liberally and prayerfully set up an " Ensign ' for the nations. Put me down for 500 copies." Upon these announcements and appeals the article com-[422]-plained of as libellous commented, and the following were the passages selected as the subject of complaint :- " The doctor refers frequently to Mr. Thompson as his authority-so frequently that we must own to having had a transitory suspicion that Mr T. was nothing more than another Mrs. Harris, and to believe, with Mrs Gamp's acquaintance, that ' there never was no such person.' But as Mr. Thompson's name is down for 5000 copies of the ' Ensign ' we must accept his identity as fully proved (a), and we hope the publisher of the ' Ensign ' is equally satisfied on the point. Certain it is that Mr. Thompson knows more about China than anybody else in England. " To spread the knowledge of the Gospel in China would be a good and an excellent thing, and worthy of all praise and encouragement; but to make such a work a mere pretext for puffing an obscure newspaper into circulation, is a most scandalous and flagitious act, and it is this act, we fear, we must charge against Dr. Campbell (b). Buy the letters, and save the heathen. About twenty-five letters will be ' required ' ; they must be circulated and read, and this for ' I am wholly dependent on the good offices of the friends of the heathen ' There is no disguise in all this. Letters from correspondents, all hearing the mark of one hand (c), put the matter on a very simple basis. ' Ah,' writes one, ' would we have our great Protestant principles, privileges and blessings more widely propagated, and more securely perpetuated, then let us to a man wiHingly, liberally and prayerfully set up an " Ensign " for the nations.' The good soul adds, ' put me down for 500 copies." " There have been many dodges tried to make a losing paper ' go,' but it remained for a leader in the Nonconformist body to represent the weekly subscription as an act of religious duty (d). Moreover, the well-known device is resorted to of publishing lists of subscribers, the authen-[423]-ticity of which the public have, to say the least, no means of checking (e). ' R G.' takes 240 copies ; ' A London Minister,' 130 ; ' An Old Soldier,' 100 ; and so on Few readers, we imagine, will have any doubt in their minds as to who is the ' Old Soldier ' (/) (a) So that here was a distinct disclaimer, as regards this name, of any idea of its bting fictitious. (6) This gives the key to the real meaning of the whole article, that the making out that the advancement of Christian missions was an object to be attained or promoted by subscribing to the plaintiff's paper was a mere pretext, " a scandalous and flagitious act," and an " imposture " ; not that the imposture lay in fabricated subscriptions or fictitious letters, save only as a matter of mere inference arising from the similarity of tone or style. (c) This is the only passage which at all suggests a fabrication of letters, and it is done studiously by way of critical inference from the style of the letters, not by way of independent suggestion. The distinction is all-important. Why may not a public writer infer from the similarity of style...

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