Libel - Wilkinson v. Gardner - Cumberland and Westmorland Newspaper Transcriptions

Libel - Wilkinson v. Gardner

WILKINSON v. GARDNER.

In the Court of Queen's Bench, a short time ago, MR. PASHLEY obtained a rule against MR. GEORGE H. GARDNER, solicitor, Windermere, calling upon him to show cause why a Criminal Information should not be filed against him for a certain libel complained of in the "Carlisle Patriot".

In the same Court on Monday last MR. SERGEANT WILKINS appeared on behalf of MR. GARDNER, and said he was bound to admit on behalf of his client, who had since made those inquiries which perhaps he ought to have made before, that the whole of the statement complained of was unfounded. At the same time he expressed his client's regret that he should have been in any manner instrumental in interfering with the usefulness of the Rev. gentleman in his office of clergyman.

MR. GARDNER had received from a parishioner an apparently circumstantial statement of facts, and he without inquiry published them in the newspaper alluded to. He hoped their lordships would consider the ends of justice satisfied with this recantation -- the defendant paying the costs.

MR. PASHLEY said the object of this rule was to vindicate the character of the plaintiff, and this had certainly been done by the recantation of the imputations against him, which the defendant now admitted to be untrue.

With their lordships consent, therefore, he would consent to the rule being discharged on the defendant undertaking to bear MR. WILKINSON harmless from costs.

LORD CAMPBELL said, after the handsome recantation of the part of the defendant, the court had no difficulty in acceding to the proposal.

The rule was therefore discharged -- defendant paying costs as between attorney and client.

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