Scott v Doherty
| Jurisdiction | Scotland |
| Judgment Date | 04 August 1843 |
| Date | 04 August 1843 |
| Docket Number | No. 3 |
| Court | Court of Session (Inner House - Second Division) |
Lord Justice-Clerk. Jury Cause.
Reparation—Slander.—
THE cause and grounds of this action appeared from the issues, which were in the following terms:—
‘Whether, on or about the 13th day of January 1843, in the public street, near the north end of George the Fourth's Bridge, Edinburgh, and in the presence and hearing of Charles Glendonwyn Scott, son of the pursuer, James Fraser Gordon, Esq., residing at No. 26 Dundas Street, Edinburgh, William Nathaniel Fraser, Esq., younger of Find-rack, also residing there, and George Lindsay Crawford, Esq., residing at No. 22 St Leonard's Street, Edinburgh, or any of them, the defender
did falsely and calumniously say, that the pursuer, Mrs Scott, was a liar, and totally unworthy of credit, or did use or utter words to that effect, or of a similar meaning and import, to the injury and damage of the pursuer.‘Whether the defender, on or about the said 13th day of January 1843, did write and transmit to Sir Charles Gordon of Drimen, knight, residing in Albyn Place, Edinburgh, the letter No. 10 of process, in which, inter alia, he stated—“Mrs Scott, as she is called, of Parton, having raised a calumnious report relative to Mrs Doherty, it was thought necessary by the latter to investigate into it. It was found that it had its sole origin with her, (meaning the pursuer, Mrs Scott,) and of course she (meaning again the said pursuer, Mrs Scott) was stigmatized as —.” And again—“ I do not wish to conceal or palliate any thing I have done in this matter; this much I must say, that the annoyances I have been subjected to by Mr Gordon and Charles Scott to-day and previously, have originated in their endeavour to defend Mrs Scott (meaning the pursuer, Mrs Scott) from the character of a disreputable liar, which none other than herself could inflict on her. Her (meaning the pursuer, Mrs Scott) lie against me, I could easily bear; but when directed against one of her own sex, an unprotected stranger, and in a land not her own, deserves what it has met with, a sting of conscience, produced by her son and his honourable ‘eorps,’ no doubt for the present, a little uneasiness of mind, but after all, not near so great as their own guilty consciences inflict on themselves.”
‘Whether the whole or any part of the said words are of and concerning the pursuer, and state and represent her as a liar, or contain a statement to that effect, to the injury and damage...
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