SIT
(32)
prove that Mr Alexander McGlashan Heaton of nuance, and was put down in Webster's was a sharebroker, that he did become em- Dictionary as meaning "something mean or barrassed in his affairs, and that he died compromising in the mode of dealing." before this letter was written. The thing Standing by itself it might not be libellous, was to a certain extent, an allegory. What but the hint was conveyed that Mr Nel- was meant he could not say; the meaning of son could not and did not attend to his the clause was of course entirely for the jury. work. Considering what he had already It was for the jury to say, having this letter said as to Mr Nelson's position of trust, what before them, and having this paragraph could be the probable result of these sug- standing, among others, all of which impugned gestions and the one that must have been blame to Mr Nelson, in a letter which was contemplated when the letter was written? obviously a letter of a strong character, con- The probable result of such a charge, if ac- taining such expressions as "unworthy cepted, would have been the annihilation of public acts" and calling upon the Directors Mr Nelson as a Bank Manager for ever. to inquire into this transaction, with this He was bound to place the case before the suggestion which seemed so very injurious, jury on behalf of his client; he did so as that on the eve of Mr Heaton's embarrass- temperately as he could. If he could see rents something took place—he asked the that the temper of the document was sudden jury whether it did not import a charge, anger, and a hit back straight from the which to the minds of the Directors, living shoulder, without any charge against it, he as they did far away,—and they must recol- should have been very glad to do so and lect that this letter was intended specially would have brought it before them. But, on for the edification and instruction of the the contrary, it seemed to him, this charge Directors an impression that Mr Nelson having been brought five weeks after the had done something dirty, something im- time, that period having been taken to rake moral or corrupt. It is impossible to formu- up things, to pile together such a damning late exactly what it did mean, but what they letter as could not fail of its effect, must hit had to consider was what it was meant to the mark right in the centre of the ball's effect. Then the letter proceeded, and on eye, then it must have been calculated to the same lines, so to speak, because the para- have such an effect. Mr Pitman showed graph just read led up to this: It may, that he was not writing in a public spirit indeed, be doubted whether Mr Nelson as a for the public good; he said distinctly that regular trafficker in shares and other con- he was writing on account of a private injury. cerns, is able to devote that undivided at- He had taken the pains to show his motive tention to the interests of the Bank which by this paragraph:—"I should not have its shareholders expect, and whether such been disposed to trouble myself or you about occupation is within the legitimate sphere of Mr Nelson and his affairs had it not been for aetion of a Manager of a Chartered Bank." his impudent public attack upon me at the That was simply an indirect way of putting meeting referred to, for which neither his it that Mr Nelson was a regular trafficker in relations to myself nor any transaction I shares. The innuendo put upon it was this: have ever had with the Bank had given him
Thereby meaning that the said Horace the slightest pretext or justification." That Harrington Nelson traded or trafficked was to say, Mr Pitman's private injury is so largely and regularly in shares or other concerns as to cause him to neglect the interests of the said Banking Company confided to his care as such Manager as to aforesaid, and that the same were and had been injuriously affected." He did not think that could be called a forced construction in point of fact. He thought it could bear no other construction. The word "trafficker" might of course mean a person trafficking properly, but if it was intended to injure, it was a wonderfully skilfully selected word. He did not say it necessarily imported something more than fair traffic, because words were so large and varied in their meanings that they necessarily imported different things to different minds. The word trafficker might mean a fair trafficker, but we don't generally call people who deal fairly traffickers. The word had got a sort of
(33)
and one which, in the five weeks of the in- terlect and every weapon which could be unbation of that letter, he might have been drawn from the armoury of a most skilful advised to pursue had he thought proper. writer had been brought to bear upon this It had been laid down in Kelly and Sherlock gentleman. He should have been glad to that you cannot set up one libel against have had a public inquiry into the whole another. The law said, you shall not take thing under the conditions laid down by law. the law in your own hands. If a man gave That, however, was not according to the you a blow in the eye the law would not making of the case and the issues before the justify you in knocking that man down, al- jury. They could not go out of the way though if one were strong enough he would for this purpose; it would not be right to probably do so and would probably not be do so, to go into circumstances of which they punished or not receive any severe punish- had had no express notice. He should ment; but one would be guilty all the same. have been very glad to have known what Assuming that what Mr Nelson said was a false this fact connected with Mr Heaton's estate and slanderous attack, that could never justi- was. They did not know in the least in fy a return blow of this kind. A remedy was point of fact, but he should have been very open. Mr Pitman then closed his letter with glad to have had it stated to the jury, and something in the form of a subdued threat. to have inquired into and explained it. He says "I trust you will at once give it That was apparently the most deadly the attention it demands and spare me the charge. It was the defence which had necessity of taking other means for bringing refused to allow this whole matter to be it to the notice of your directors." What enquired into, if they believed there was that means is this "If you don't, so strong any truth in it.
The truth not being am I, so strong is my case, so much do I pleaded in justification, what became of believo in the strength of my position, that that letter and the malice that dictated if you (Mr Jackson) don't take notice of it, ed it? don't bring it to the notice of the directors so that they take notice of it, I will take
It was a terrible position for any other steps to bring it to the notice of the person to have to stand in, before a directors." Well, Mr Pitman had been jury of his countrymen, with that libel spared the trouble. Mr Jackson handed the before them unjustified. It was not for him letter to Mr Nelson, and Mr Nelson had to say more than that. But what was to be brought it to the notice of the directors said about charges like these—that charge by bringing these proceedings. It had been about Mr Heaton especially? What was to brought to the notice of the public, and nec- be said of that charge if it were made and essarily the directors would see it; there- sent to this gentleman's directors without fore Mr Pitman had been spared that ne- such ground as could be laid before a jury cessity which he hoped he would be spared. for a justification of its being made? Mr Francis was sorry to interrupt his That finished the letter. The only other learned friend, but he submitted he was not observation he had to make on it was that it entitled to go into this branch of the subject. was a very skilful one, because it piled up The Chief Justice said he could not take charge by charge and step by step, until any objection unless the precise words ob- it attained an exceedingly formidable whole. jected to were given. He could not say, was this expression libel- Mr Bayllar proceeding said he did not wish lous, or that expression libellous. Perhaps to say anything that was improper, but in this case there were matters put away. no, perhaps yes; but it charged Mr Nelson Bring them out into open Court and with publicly misbehaving himself in two into the light of day, and let them see what or three ways. As regards Mr Pitman they were. Put them in black and white. personally he had misbehaved himself, and Bring them all forth out of the dark biding as regards the Governor personally. Then places, the places where these dank fungi privately he had misbehaved himself in grow on people's reputations. Reputations dealing with a dead man's estate, or the are sacred things. According to a very old estate of an embarrassed man subsequently and hackneyed quotation—
dealing with the affairs of his Bank. It was a sort of anaconda coil spread around Mr Nelson's character, calculated to crush it to annihilation. He could not say that he had ever seen or read in any book of such
Mr Francis waived the objection.
Who steals my purse steals trash But he that filches from me my good name, Robs me of that which not enriches him, And makes me poor indeed.
Fatal charges like this, calculated to ruin a man's character, ought to be justified or not made at all. What were these matters pally on its face and lying in every line. which were to be inquired into by the di- It was not hasty; it was polished. It was rectors? not hasty, because time had been given to
413