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Sign up freeNorfolk Gazette And Publick Ledger
Norfolk, Virginia
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In London's Court of King's Bench, merchant Wylie sued Mr. A. and his wife Catherine for slander after she accused him of bankruptcy, defrauding creditors, robbing Gordon, and fleeing to America. Husband held liable for wife's words; jury awarded £20 damages plus 40l. costs.
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COURT OF KING'S BENCH.
Wylie vs. -- and Wife.
Mr. Comyns opened the pleadings and stated that this was an action of slander.--The declaration stated that the plaintiff was a merchant, and that the wife of the defendant had maliciously reported that the plaintiff had been a bankrupt, and defrauded his creditors; that the plaintiff had robbed a person of the name of Gordon of property, and run away to America. The defendant had pleaded not guilty, and upon that the issue was joined.
The attorney-general, for the plaintiff stated that the words complained of had been spoken at a tea-party. He had often heard that slander and tea were inseparable, and it seemed as if that beverage received a more agreeable zest from the association of a little scandal. However, all conditions of life have their mixtures and alloys; this responsibility of the husband is one of the conditions of marriage. Ninety-nine times out of a hundred the marriage life is tolerably happy, there are also some pleasures in Mr. A's life, he is married to an accomplished beautiful woman, but if she brings the neighborhood about them, and if on any occasion she makes any mistake in her conduct, and takes freedom with the characters of her neighbors, he cannot take all the good of this world and reject the rest; he must not have all the comforts of matrimony without sharing also in its responsibilities; he must pay for the irregularity of her tongue, and make good the damages she does to her neighbors.
The words stated to be spoken were proved.
Lord Ellenborough summed up the case for the jury to the effect following:--
"Gentlemen of the Jury, this is an action against Mr. A. and Catherine, his wife, for slander. Though it is not proven of Mr. A. yet it is of Mrs. A. and Mr. A. must pay his wife's damages; it is a necessary consequence of marriage that the husband is responsible for the acts of his wife; if you keep a dog which is apt to bite, and you know his disposition, you tie him up; but if ever the animal bites or tears your neighbor you must pay for him; so of the lady in this case, the husband must pay for the freedom of her tongue."--Damages for plaintiff, £20 and 40l. cost.
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Foreign News Details
Primary Location
London
Event Date
August 6
Key Persons
Outcome
damages for plaintiff, £20 and 40l. cost.
Event Details
Action of slander where defendant's wife accused plaintiff merchant of bankruptcy, defrauding creditors, robbing Gordon, and running to America. Words spoken at tea-party. Husband responsible for wife's slander. Jury verdict for plaintiff.