Report of the trial, Cooper versus Wakley, for libel / from the notes of W.B. Gurney ; with remarks on the evidence, by Bransby B. Cooper.

  • Cooper, Bransby Blake, 1792-1853.
Date:
1829
Catalogue details

Licence: Public Domain Mark

Credit: Report of the trial, Cooper versus Wakley, for libel / from the notes of W.B. Gurney ; with remarks on the evidence, by Bransby B. Cooper. Source: Wellcome Collection.

Provider: This material has been provided by The Royal College of Surgeons of England. The original may be consulted at The Royal College of Surgeons of England.

    15/190 (page 7)
    the Plaintiff is not called upon to give any evidence upon the subject. If the Defendant should fail in doing that, the Plaintiff will be entitled to a verdict. Sir James Scarlett.—I acquiesce, as I always do, in your Lordship's judg- ment, but there is one consequence that may result, which it is my duty to state. Suppose it should happen, which I have no doubt will happen, that this gentleman's whole case, if he attempts to make it out, will fall to pieces. My Lord, I shall then take the liberty of insisting on behalf of the gentleman who has been calumniated, that his evidence may be heard, which will prove most satisfactorily, that the operation was performed with the utmost possible skill under the circumstances, and that I shall not be satisfied on behalf of a gentleman of high honour and unspotted reputation in his profession, and with the public, to have it said, that some particular part of a special plea was not proved, and that the case was not further inquired into, and that the Jury are only to ask themselves what damages they are to give. When a man publishes a libel, and justifies it, the Plaintiff ought to have an oppor- tunity of proving in a Court of Justice, that the calumny is wholly unfounded, which will not be the case if the verdict is to pass merely because the Defen- dant fails to prove his plea. If the Defendant fails, I trust I shall not be told, you must have your verdict, address yourself to the damages. I hope your Lordship will let me give my evidence, which is here to support a cha- racter hitherto unattacked. Lord Tenterden.—It would not be proper for me to anticipate what may be fit to be done, or not to allow to be done in a future stage of the cause; all I have to do is to hear the point argued, and then give my opinion upon it. I intended to have added before, that both of my learned Brothers in the adjoining court, concur with me in the view I stated. Mr. Wakley.—As this is a cause of immense importance to every party, and of a very peculiar nature, I am under the painful necessity of requesting that the witnesses on both sides should withdraw. Sir James Scarlett.—The witnesses to facts, if the Defendant insists upon it, should withdraw, but many witnesses are here to give an opinion upon facts to be proved. Lord Tenterden.—They must stay ; they are to hear the evidence, and to give an opinion upon it. Sir James Scarlett.—The witnesses to facts may withdraw. Lord Tenterden.—-The witnesses to give an opinion upon facts to be proved must remain. Sir James Scarlett.—I have no objection to my witnesses withdrawing who are to prove specific facts. Mr. Waldey.—AH the facts alluded to are printed and written, they are font, declaratl0D> and if witnesses are to be called to speak to any particular Lord Tenterden.—They will be to speak to the evidence. Sir James Scarlett.-The Defendant assumes the libel to be true. Lord Tenterden.-Persons to give an opinion upon the evidence, as a\ \Z1 TnCe a,nd &m' mUSt be allowed t0 stay aild **ar the evidence: all w ho are to speak to facts must withdraw. '