Hibbs Clerk v Wilkinson
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1859 |
| Date | 01 January 1859 |
| Court | High Court |
English Reports Citation: 175 E.R. 873
QUEEN'S BENCH, COMMON PLEAS AND EXCHEQUER
Common Pleas, Trinity Term, 1859, caram Erie, C J hibbs (clerk) v wilkinson (The plaintiff having, in the course of a public controversy with a third party, published as the opinion of the defendant upon that party expressions more severe than the defendant had employed, and the defendant having, in commenting thereupon in his newspaper, charged the plaintiff with a " malice which overcame his sense of truth and honesty,'1 &c , the jury were told that the occasion was privileged, and the publication, unless malicious, and that if the strong expressions used were under the circumstances natural, although rash, they might find for the defendant) Libel. The first count complained generally of a libel on the plaintiff. The second, of bbellmg him in his character as clergyman. Plea : not guilty Hawkins and C Pollock for the plaintiff N. P. vi.-28* 874 HI BBS V. WILKINSON 1 P. & P. 809. [609] Lush and Watkin Williams for the defendant The plaintiff was a clergyman, who had been engaged in a controversy with a brother clergyman, named Drummond, and had published a pamphlet, entitled " Truth Vindicated/' concerning that controversy The defendant was publisher of the " National Standard," and the libel complained of was contained in the following paragraphs which had appeared therein, in a review of that pamphlet:- " Mr Drummond also inclosed us a printed document, which has been circulated on behalf of the Rev Richard Hibbs, which purports to be a collection of ' Opinions of the Press ' upon this pamphlet, and which exonerates us from having had any part in getting up this review , for after quoting, or rather misquoting, the review in the ' National Standard,' the following note is appended to it in parenthesis - " [The ab.ove notice of ' Truth Vindicated ' was written by a much respected Free Church clergyman, and submitted by him to two Edinburgh newspapers, but rejected for reasons best known to then respective editors Can it be that newspaper editors, unlike this their correspondent, ' have interests to serve other than those of justice and fair piay ? '] " Now, as we love ' justice and fair play,' we feel bound to state that the concoctor of the paragraph purporting to be extracted from the ' National Standard ' in these ' Opinions of the Press,' has been guilty of adding to the article, which is declared to be from the ' National Standard,'...
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