Declaration a trader. greatly injured and damnified, to wit, at L. &c. aforefaid; wherefore LONDON, to wit. Chriftopher Hughes complains of in B. R. for William Took the younger, &c. for that whereas the faid C. words of banklong before, and at the time of the fpeaking and the publishing rupicy spoken of of the feveral falfe, fcandalous, and defamatory words hereinafter mentioned had been, and was a cheesemonger, and fought his livelihood by buying and felling, as others of that trade and bufinefs ufually do, and as fuch trader had always conducted himfelf with great fairness and punctuality towards his creditors, and till the time of the fpeaking and publishing of the said several words had never been fufpected of bankruptcy, infolvency, or any fraudulent intention, but on the contrary during all the time aforefaid had been, and at the time of the fpeaking and publishing of the faid feveral words was in good circumftances, credit, and esteem, to wit, at the parish of Saint Mary le Bow, in the ward of Cheap, in L. aforefaid; yet the faid William, well knowing the premises, but contriving and maliciously intending wrongfully and unjustly to hurt and prejudice the faid C. in his faid trade and business, and to injure his credit, and to cause it to be believed that the faid C. was infolvent and likely to become a bankrupt, and that he intended to defraud his creditors of their juft demands, heretofore, to wit, on the day of A. D. 1789, at L. aforefaid, in the parish and ward aforefaid, in a certain difcourfe which the faid William then and there had with divers good and worthy fubjects of this realm, he the said William falfely and maliciously faid, fpoke, and publifhed, in the presence and hearing of thofe fubjects, of and concerning the faid C. as fuch trader as aforefaid, and of and concerning the state of his circumftances, these falfe, fcandalous, and defamatory words following, i. e. "His (meaning the faid C.'s) circumstances are very bad; he (again meaning the faid C.) has but about twenty"fix pounds per annum, which he (again meaning the faid C.) is "going to make over to his (again meaning the faid C.'s) wife, "and then to be made a bankrupt" (meaning by the faid words not only that the faid C. was on the verge of becoming bankrupt, but also that he was about to make a fraudulent conveyance of his property, with a view of protecting it from his creditors): And afterwards, to wit, on the day and year aforefaid, at L. atorefaid, in the parish and ward aforefaid, in a certain other difcourfe which the faid William then and there had with divers other good and worthy fubjects of this realm, he the faid William falfely and maliciously faid, fpoke, and published, in the presence and hearing of thofe laft-mentioned fubjects, of and concerning the faid C. as fuch trader as aforefaid, and of and concerning the fate of his circumftances [thefe words in italic omitted in the laft count of the declaration], thefe other falfe, fcandalous, and de zd Count. 66 famatory famatory words following, i. e. Mr. Hughes's (meaning the faid C.'s) circumstances are very bad; he (meaning the faid C.) is going to be made a bankrupt:" "He (meaning the faid C.) is dont. going to make over his (meaning the faid C.'s) property, and then to be made a bankrupt" (meaning by the faid laft-mentioned words not only that the faid C. was on a verge of a bankruptcy, but also that he was about to attempt a fraudulent difpofition of his property to the prejudice of his creditors :) His (meaning the 4th Count. faid C.'s) circumftances are very bad" (meaning by the faid laftmentioned words that the faid Ć. was infolvent, and incapable of paying his debts): "He (meaning the faid C.) is going to be a 5th Count. bankrupt; by means of the speaking and publishing of which faid feveral falfe, fcandalous, and defamatory words, the faid C. hath been greatly hurt and injured in his faid trade and bufinefs, and his credit materially injured, infomuch that divers perfons, to whom the situation and circumftances of the faid C. were known, have from thence hitherto believed him to be infolvent and likely to become a bankrupt, and have alfo fufpected him of intending to defraud his creditors of their just demands; and the faid C. is by the means aforefaid otherwife greatly injured and damnified, to wit, at L. aforefaid, in the parith and ward aforefaid, to the damage of the faid C. of pounds; and therefore he brings fuit, &c. Pledges, &c. SAMUEL BUTLER against Hilary Term, 27 Geo. III. ROLL, 1514. S. MARRYAT. his matter. LONDON, to wit, &c. For that the faid Cafe for words Samuel now is a good, honeft, juft, and of felony spoken JOHN JONES. faithful fubject of this kingdom, and as fuch of a fervant by hath always, from the time of his nativity, hitherto behaved and governed himself, and hath always, until the speaking and publifhing of the feveral falfe, fcandalous, and defamatory words hereinafter mentioned to have been spoken and published by the faid John of and concerning the faid S. been held and reputed to be a perfon of good name, fame, and credit amongst all his neighbours and other good and worthy fubjects of this kingdom, and hath never been guilty, nor until the fpeaking and publishing of the faid feveral words been fufpected to have been guilty of any robbery, theft, or fraud, or of any other fuch hurtful crime: And whereas the faid Samuel for divers, to wit, eight years before the Speaking and publifhing of the faid feveral words had lived with and been in the fervice of the said John, and during fuch his fervice had behaved and conducted himself with the greateft fidelity and honefty towards the faid John, without embezzling or purloining any money or other things entrufted to his care, and without ever defrauding the faid John of any money or other thing; by means of which faid feveral premifes he the faid Samuel had defervedly obtained the benevolence, good opinion, and credit of all his neighbours and other good and worthy fubjects of this kingdom, Colloquium. kingdom to whom he was known, to wit, at L. aforefaid, in the parish of All Hallows, Lombard Street, in the ward of : And whereas a little before the speaking and publishing of the faid feveral words the faid S. had quitted and left the fervice of the faid John, to wit, at L. aforefaid, in the parish and ward aforefaid: And whereas before the fpeaking and publifhing of the faid feveral words in the first and fecond counts of this declaration mentioned a certain guinea had been left at the fhop of the faid John of one Mary Chitty, for the purpose of being exchanged on account of a fuppofed deficiency in the weight of the faid guinea, to wit, at at L. &c. aforefaid, yet the faid John, well knowing the premifes, but contriving and maliciously intending wrongfully and unjustly to hurt, injure, and prejudice the faid S. in his aforefaid good name, fame, and credit, and to bring him into public fcandal, infamy, and difgrace, and to fubject him to the pains and penalties by the laws and ftatutes of this kingdom made and provided against perfons guilty of robbery, theft, embezzlement, fraud, and difhonefty heretofore, to wit, on the twentieth of April A. D. 1783, at L. &c. aforefaid, in a certain difcourfe which he the faid John then and there had with divers good and worthy fubjects of this kingdom, of and concerning the faid guinea fo left by the faid M. C. to be exchanged as aforefaid, and of and concerning the faid S. he the faid John then and there falfely and maliciously faid, rehearsed, proclaimed, and loudly publifhed thefe falfe, fcandalous, and defamatory words following, of and concerning the faid guinea, and of and concerning the faid S. and his conduct and behaviour in the fervice of the faid J. as aforefaid, in the prefence and hearing of those laft-mentioned fubjects, i. e. Mr. Butler (meaning the faid J.) has it (meaning the faid guinea) I (meaning himfelf) know, and many other guineas of mine (meaning of his the faid John's) befides (meaning by the faid words, that the faid Sa muel had embezzled not only the faid guinea, but also other monies of the faid John whilft he was in the fervice of the faid ad Count, fpo- John as aforefaid): And afterwards, to wit, on the day and year aforefaid, at L. &c. aforefaid, in a certain other difcourfe which he the faid John then and there had with divers other good andworthy fubjects of this kingdom, of and concerning the faid guinea fo left by the faid M. C. to be exchanged as aforefaid, and of and concerning the faid Samuel, he the faid John then and there falfely and maliciously rehearfed, proclaimed,and loudlypublished thefe other falfe,fcandalous and defamatory words following of and concerning the faid guinea, and of and concerning the faid S. in his conduct and behaviour in the fervice of the faid J. as aforefaid, in the prefence and hearing of thofe laft-mentioned fubjects, i. e. I (meaning himself the faid John) am not furprized at it; it (meaning the faid guinea) is not the only guinea by many I (again meaning himfelf the faid John) have reafon to fuppofe Mr. Butler (meaning the faid S.) has defrauded me (meaning himself the faid John) of (meaning and infinuating by the faid laft-mentioned words, that he the faid John had reafon to fuppofe that the faid S. had defrauded the faid John ken in another way. not not only of the faid guinea, but also of various other fums of money whilft he was in the fervice of the faid John as aforefaid): And 3d Count. afterwards, to wit, on the twenty-firft of April, in the year aforefaid, at L. &c. aforefaid, in a certain other difcourfe which he the faid J. then and there had with divers other good and worthy fubjects of this kingdom of and concerning the faid Samuel, and his conduct and behaviour in the fervice of the faid John as aforefaid, he the faid John then and there falfely and maliciously rehearfed, proclaimed, and loudly publifhed thefe other falfe, fcandalous, and defamatory words following, of and concerning the faid S. and his conduct and behaviour in the fervice of the faid John as aforefaid, in the prefence and hearing of these laft-mentioned fubjects, i. e. He (meaning the faid S.) made himself a partner in my fhop (meaning the fhop of him the faid John) without leave, and pocketed money that fhould have been put into the till (meaning and infinuating by the faid last-mentioned words, that the faid Samuel, whilft he was in the fervice of the fervice of the faid John as aforefaid, had embezzled the property and money of the faid John): [Colloquium like that in the 4th Count. third Count.] Words: He (meaning the faid S.) made himfelf a partner in my fhop (meaning the hop of him the said John) without leave (meaning and infinuating by the faid laft-mentioned words, that the faid S. had acted difhonettly, and defrauded the faid J. of his money and property whilft in his fervice as aforefaid): [Same colloquium.] Words: He (meaning the faid S.) 5th Count. pocketed money that ought to have been put into the till (meaning and infinuating by the faid laft-mentioned words, that the faid S. whilst he was in the fervice of the faid John as aforefaid, had embezzled the money of the faid John): And afterwards, to wit, 6th Count. on the twenty-second of April, A. D. 1786, at L. &c. aforefaid, in a certain other difcourfe which he the faid John then and there had with divers other good and worthy fubjects of this kingdom of and concerning the faid S. he the faid John then and there falfely and maliciously faid, fpake, and loudly published thefe other falfe, fcandalous, and defamatory words following, of and concerning the faid Samuel, in the prefence and hearing of thofe fubjects, i. e. Mr. Butler (meaning the faid S.) is a thief, and has robbed me (meaning him the faid John) of two or three guineas: [Same 7th Count. colloquium as the 6th.] Words: He (meaning the faid Samuel) is a thief: [Same colloquium as the two next preceding Counts.] 8th Count. Words: He (meaning the faid S.) robbed me (meaning him the faid John) of two or three guineas: [Same colloquium as the 9th Count. third.] Words: Mr. Butler (meaning the faid 5) is a thief, and has robbed me (meaning the faid John) of two or three guineas (meaning by the faid words, that the faid Samuel had in the fervice of the faid John acted unfaithfully, and had defrauded the faid John of his money): [Same colloquium as the third.] 10th Count. Words: He (meaning the faid Samuel) robbed me (meaning the faid John) of two or three guineas (meaning by the faid words, that the faid S. had, whilft in the fervice of the faid John, defraud ed ed the faid John of his money); by reafon and means of the fpeak- Ples of juftifica Firft, Not guilty to the whole, and iffue thereon; 2d, as to fo tion, that the much of the faid words fupposed to have been fpoken and publifh. words are true as ed by the faid John in the firft, fecond, third, fourth, fifth, ninth, to fome Counts. and laft Counts of the faid declaration contained, as refpectively relate to the faid S. having, in the faid fervice of the faid John, acted unfaithfully and difhoneftly, and defrauded the faid John of, and embezzled his money and property, he the faid John fays, that the faid S. ought not to have or maintain his aforefaid action thercof against him; because he fays, that true it is that the faid Samuel had lived with and been in the fervice of the said John, and had quitted and left the fervice of the faid John in manner and form as in the faid declaration is above fuppofed; but the faid John further fays, that before any of the faid times when the faid words are fuppofed to have been fpoken and published, the faid S. had in the fervice of the faid John, to wit, on the first of January, A. D. 1786, and on divers other days and times between that day and the faid nineteenth of April, in the faid year of Our Lord 1786, at L. &c. aforefaid, without the leave of the faid John pocketed and embezzled divers fums of money of the faid John, which had come to his hands in the faid fervice of the faid John, and which ought to have been put into the till of the Laid John, amounting to a large fum of money, to wit, the fum of four pounds of lawful, &c. and defrauded the faid John of the fame, and thereby acted unfaithfully and difhoneftly whilft in the faid fervice of him the faid John, to wit, at L. &c. aforefaid; wherefore the faid John, at the faid feveral times when, &c. did fay, proclaim, rehearfe, and publish the faid feveral words relating thereto, and in the faid firft, fecond, third, fourth, fifth, ninth, and |
