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=- "¡.E S \(iE AGAINST F LETCH EM. Mr, WILLIAMS (who was assisted hy Mr. TEM- .miJ i.iiis.vvas afi'action for a libel but be- t-I)tel-i,ig illit) the circumstances of the case, would state who were the partics-The -plaintiff. Mr. Sa^ entered into the nml. East India Company's service, in IS09, he being then •of I lie age of fifteen, and continued to advance in rank in lhHI department -of the state, till his re- turn to England, which happened3n 1823, in cori- se<|iieuc-<> of a rheumatic illness, which amicted him in th< way of lameuess, and rendered him pe- -c\i liar and. rewisvkable in his walk, which in the -5 would be found a featureiuthe case, Mr. iSage on his return to England, found liis brother- in-law, Mr. Seller, a brewer of Chester, haddied, leaving a widow (the plaintiff's sister) and child- ren. yet too voting te take the management of the business, and Mr. Sage, being then at leisure, and wishing to occupy his tille, undertook the superintendence of the brewery, and continued to do so up to the present time. The defendant, Mr. Fletcher, was well knowlI as the Editor, Proprie- tor.-ami Publisher of the CHESTER CHRONICLE, and from the "Ientb of time he had been so, had at least the .benefits of experience in "this"profes- sion. Having said thus much of the parties, it would be necessary now to make a few observa- tions Olt the case. The jury were well aware, tllat tiiis ancient and respectable city, of Chester was much divided Mi politics, and that whether thow politics were brought into action by the •election of representatives of parliament, or the tKiiuinatioH of city officers, they were supported with, a warmth of spirit and animation, that strongly marked the zeal with which the respec. live partizans adhered to the interests they es- poused. Mr. Fletcher, out of compliment, he ( Mr. Williams) would say, was attached to what was called the corporation or Grosvenor party and he said., out of compliment to him, because that party had the power to speak, act, or do any thing they pleased, of themselres—(A laugh.) The other side was named with great reason, for the very many meritorious services it had per- formed under the auspices of the highly honoura- ble Baronet, who was at the head of it, the Inde- pendent, or Egerton party, Of this latter party was the plaintiff; and this high offence, in the estimation of the defendant, had been deemed a sufficient reason for holding him up to derision, as spleen or malignity might propose. The libels in question were published on the occasion of an annual election for Sheriffs, of a popular kind, in October last. The candidates then proposed, were Mr. Shearing on behalf of the corporation or Grosvenor party, and Mr. Whittaker, who was supported by the Egerton interest; and by the termination of that election, Mr. Fletcher had the satisfaction of triumphing in the success of his own party candidate, after a well contested and animated struggle. Mr. Sage before that time had been a member of the independent party, et.d the crime laid to his charge was, that he had the wickedness then to look Mr. Fletcher in the face, and still say he was true to thesame cause. (A laugh.) The month of October having so ma- terially contributed to the success of their favoured candidate, it was thought that Mr. Fletcher would have received so much satisfaction from that event, that he would have permitted the city and his op- ponents to remain in quietness till another popular opportunity presented itself; but no. his object in the meantime was to put down the manifest exertions of the independent cause by the publi- cation of gross libels, containing false inuendoes and personal attacks on its members. As an illustration of the calumny, ribatdry, and sneers which the defendant was desirous of bringing on the plaintiff by his writing, the following- extract from one of his papers mav b« giVen: — "Sunday.—This being (he Sabbath. 1ro Whitebrook, Mr. Limt, and, Mr. Bowden, and ] other professing Christians, were piously em- ployed in the amiable work of cajlvassing, in order by their exertions, to renewon londay the shame- ful scenes which their commendable labours brought to perfection on Friday and Saturday. ♦' This day, Lieutenant Sage, brewer(who, we hear, is on the Sick List of the Hon. the East India Company's Military Establishment), took the command, and trotted through the street like aijf elephant on hot bricks. The laurels that he woii on the Ganges, Hope whisperetlwould be renewed on the Dee; but Hope told a flattering tale." inasmuch as by ten o'clock on Monday morning Mr. Whittakers was some tkree or four scores o voles. 00 the wrong side of the Post.—The Com lmuider looked queer—he could not keep pace with the grandeur of his conceptions (of which he wag tl,ie. s not delivered), and appeared like another great man in Chronouhotonthologos, who in his dilemma vitti almost matchless forethought, roared outfoj a Coaeh-Iet a Coach be called, Aud he that calleth be the caller of the Coach, And in his calling let no call be heard, But Coach Coach! Coach Oh for a Coach, ye Gods But ho coach was at hand; andlayinghold of the hapless arms of some unfortunate wights near him, be trotted off in search of votes and adven- tures. First he applied to an independent publican in Frodsham-street, and charged him, on his allegiance, to vote for Mr. Whittakers, or he should have no more of his ale to sell! The honest voter, however, heard the terrible denunciation undismayed, I)a cd off the COlli mander's bill, and gave an order to another brewer.—thus proving, ill the teeth of the adage, that a mail may go further: and itot fare woi-.w. Feeling as b.: (Mr. Williams) did, the pain, which such ridicule and sarcasm on the misfortunes of the plaintiff must occasion, he, as his counsel, could not refrain from smiling at the obvious re- ference to the lameness of the plaintiff in the for- mer part of this paragraph* d this shewed to demonstration that one or tbe, defendant's OI)jt,clsl had been'attained, as, by thcmalignity ofhTs pen, 1w had raised a laugh at the expense of the plain- tiff. anil, by holding him-up-to ridicule, had done that which in law was accounted a. libel, as hav- ing a tendency to a breach of the peace. In the first part of this libel, the plaintiff is made to appear in a ludicrous and ridiculous light, but in the lat- ter part or it he is cliarge.J with having attempted to gain the vole of a publicaivby thelexercise of an undue influence, and as this accusation affected his character an.I reputation lie (Mr. Sage) went t,, ttie Fditor of another paper in tti(! city, that wa IÜghly respectable. and conducted with great moderation, and gave a naked unvarnished cnli- tradiction to tlie defendant's statement, unaccom- panied with any hostile or malignant observation, although he felt himself injured and aggrieved hv the attacks that had so unjustly been made •oil his person and integrity. The consequence of that forbearance was, that on the next dav of publication, the defendant further insulted he character and honour oi" Mr. Sage by tlie fol- 'mving anjusiifiable and tauritingremarks: TIIR INDEPENDENT PUBLICAN We certainly (ve some respect for Mr. Sage, because he s the honour of wearing a military coat—be- ,tè he has seen some■ service, and because he :,r vesin a respectable circle as a tradesman but tli:Ti f,.(.)n, Just animadversions if he has acted wrnn? r ."therefore, call upon him to state whether the wticti in the Cou- r. is pt.D.ished by liis authority —• \ye have os<y avoided entering into a formal eontra- oi u,)v of L, a' .v on oi any of the gross mis-slatemejus of the *»'*<uim uf11 wwirya? CHRONICLE'S account of the late election. But we are desired, and authorised to state, that the story told of Mr. Sage's interference with an ill- dependent publican, in Frodsham-street, is false altogether, from beginning to end. The contra- diction was hardly necessary.—If this be done with his consent and approval, he has been guilty of laying before the public a statement which is not true. The fact is precisely as we stated it last week. Mr. Williams very properly refused to vote at the dictation of Mr. Sage, and with- drew his order in favour of the King-street'bre- wery of Messrs. Shase, and Co. Since then we have to Communication the following, and pledg-e ourselves for its accuracy. On Friday last, after seeing the CHRONICLE, Mr. Sage looked very like whathisname sake is often put into (meaning a goose,) and called upon Mr. Williams, request- ing him to affix his name to a certain document, for the purpose of contradicting what we have as- serted, as it would oblige him. Mr. W. spurned at the invitation. and asked Mr. S. whether he wanted him to sign that which was a lie? and, finally, like a man. refused to do anything of the sort because what he had stated was the fact. This e,rplanation would not have appeared, only for the insertion, by some unwise person, in the COUBANT, of the above paragraph, which is a most impudent fabrication. We wish Mr. Sage well, but. at the same time, it is necessary for him to learn, that he has not Sepoys or Lascars to command at Chester, as he, perhaps, might have had at Calcutta or Delhi.-Fei-I)iim sat. Gentlemen, what was Mr. Sage to do? — He was first lidiculed and laughed at, and then ac- cused of having published a fabricated statement. Was he to sit down it, the face of his Compatriots and submit to these insults ? He; Mr. Williams) knew that the passive* doctrine of oiir religion bade us, if our enemy slapped one cheek, to turn the other to him. This was indeed religious professing, but he feared it was not the practice of mortal man in there days. There was then only two remedies-the one was the cane, and the law. It would not be tolerated that the first should be resorted to and there then only remained an appeal to a jury of the country, which course the plaintiff had taken, and as he had been made the victim of ridicule, so he hoped to receive a compensation commensurate with the injury he had sustained. Mr. Samuel Farr. the Crier of the Court, pro- duced copies of affidavits, procured from the Stamp Office in London, by which it appeared that Mr. J. Fletcher, the defendant, was the pro- prietor and publisher of the Cl]rSTEII'CilitOSI(ILL. Win. Egerton, Esq, the brother of Sir John Egerton, Bart. and the High Sheriff for the county of Denbigh, knew the plaintiff in India, at the time he was in the East India Company's service. After Mr. Sage's arrival in England, he became lame from an illness previously contracted, and still continued so. On reading the libels, he con- sidered they were pointed at Mr. Sage. The elephant walking on hot bricks, he conceived was an allusion to the plaintiff's lameness. He knew that Mr. Sage assisted Mrs. Seller, his sister, in the management of her brewery. Cross-examined—Mr. Sage was stiil in the Company's service. He was not at the election dinner in October last. He was in London at the time, and had no local knowledge of what was occurring. Mr. Dunstan, the Governor of the County Prison, proved that the CHICSTEII CHRONICLE was read in that city and county. Cross-examined.— He saw the defendant abroad between October and January, he walked with a stick, and was looking very it). He did not know that Mr. Fletcher was confined to his bed at the tune the libel was written, fi-oiti the effect of an accident. Mr. JONKS, in addressing the Court fur the defendant, said, it wis tio-t liis 0. indulge in any observations that would gi ve pain to the feelings of the plaintiff, neither wonkl he.- enter into a discussion of the politics of either party as all who knew him, knew thalhehad aban- doned all discussions of that nature,, for the last year. He considered this case as a trumpery struggle between the independent party on the one hand, and the Grosvenor interest oil the other, and after attentively at that which was called a libel, be was at a loss to discover from what motives of poUtical hostility, or to put costs into the pocket of the attorney, as it was quite clear it was not brought for the setting right of Mr. Sage's character, but to keel) alive the spirit of hostility, and the local politicsofthe city. It was said that Mr. Fletcher had indulged in these remarks to gratify some sentiment of hate, spleen, and malignity, that was i-iiiikiiiig within his breast against the plaintiff, but it was not in evidence that Sage and the defendant had even exchanged a word, and so far from their having been published with a view of indulging any supposed malignity, it would be shewn that at the very time of the publication, Mr. Fletcher's health was so much impaired by an accident, that he was confined to his bed, and incapable of giving directions or of making the least personal exertion. What, then, could these observations be publish- ed for, it was osked? why to answer political purposes, and to keep alive those electioneering squabbles that so much divided and disturbed the peace of this city. With these, however. Ihejury and the court had nothing whatever to do they were not to enter into the rival contentions of opposing parties, nor judge too rjgidly of the feverish temper that might be supposed to exist in the moments of a contested electi(mi-but, (lis. missing all pasty reflections from their minds, cooly consider whether this was any thing more than little wordy war between the conflicting in- 9 in terests, without any intention of injuring or un- justly aspersing the-character of the plaintiff.- It appeared that the wortlsw.e,re nothing more than a play of parley, andsuehas all mankink ad- mitted on such occasions. With-these remarks he wotild:eave the case in the hands of the jury, satisfied they would dismiss it wjtfi the. contempt it deslryed. Mr. JUSTICE WARREN said; this action had arisen out of the beats of a contested election, and every one knew that at elections, squibs were passed between party and: party, that were not deserving of after consideration. This, however, would not justify the publication oflibels, though it would sometimes go a long- way inapportioning the damages that ought to be given. This was certainly a very slight case, and his Lordship did not think there was any intention to injure the charaoter of the plaintiff, but if the jury should conceive the publication had that effect, Mr. Sage was entitled to a verdict, though from the very trivial ground there was for the action, they would probably be inclined to give the least possible damages. The jory found for the plaintiff—damages One Farthing.

SUXUA Y.

" t r P. Y. M. be Y. M. P.

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