Mountney v Watton
| Jurisdiction | England & Wales |
| Judgment Date | 07 June 1831 |
| Date | 07 June 1831 |
| Court | Court of the King's Bench |
English Reports Citation: 109 E.R. 1293
IN THE COURT OF KING'S BENCH.
S. C. 9 L. J. K. B. O. S. 298. Referred to, Fleming v. Dollar. 1889. 23 Q. B. D. 392.
[673] mountney against watton. Tuesday, June 7th, 1831. Declaration stated that the defendant intending to cause it to be believed that the plaintiff was guilty of feloniously stealing a horse, published a libel concerning him. The libel, as set out, was headed " Horse-Stealer," and then alleged that the plaintiff was taken up on suspicion of having stolen a horse, by a constable who was informed that " such a character " was at a certain public house ; it then went on to state circumstances of suspicion against the plaintiff, and ultimately that, having obtained permission to go out of the constable's sight, he made his escape, but was retaken and confined in gaol for examination. Innuendo, that the plaintiff was guilty of feloniously stealing a horse. The defendant pleaded the 1294 MQUNTKEX' tWATTON 2 B. & AD- 674. ' general issue, arid then a justification as to all parts of the libel except the word " horse-stealer," setting out in this latter plea the several circumstances related in the libel: Held, that as the declaration alleged that the libel was intended to convey a charge of felony, and this intent was not denied by the plea, the statement of circumstances of suspicion to excuse part of the libel, was no sufficient justification: although semble, that where a libel contains propositions that may be separated from each other, one may be justified apart from the rest. [S. C. 9 L. J. K. B. O. S. 298. Eeferred to, Flemings. Dollar, 1889, 23 Q. B. D. 392.] Case for libel. The declaration stated that the defendant, contriving to injure the plaintiff, and to cause it to be believed that he had been and was guilty of feloniously stealing a horse, composed and published in a newspaper a libel of and concerning the plaintiff, containing the matter, following of and concerning him, viz. : - " Horse-Stealer. Charles Mountney, a native of Derby, was taken into custody in this town on Saturday night on suspicion of having stolen a grey horse, the property of Mr. Thomas Adderley of Stone, Shropshire. Information was given to Mr. Bowdler, solicitor, who happened to be constable for the night, that such a character was at the White Horsej Frankwell. Mr. B., with Heyward the police officer, went in search of him, and found him asleep in bed. Heyward awoke him, and asked where be left the grey horse ? He immediately answered 'Chester'; but on looking round, and observing who put the question, he denied' all knowledge of the horse." The libel, as set out in the declaration, went on to state , that the plaintiff was afterwards conveyed in custody to a...
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