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Story
November 28, 1814
Kentucky Gazette
Lexington, Fayette County, Kentucky
What is this article about?
In the Court of King's Bench, plaintiff Wylie, a merchant, wins slander suit against Mr. A. for his wife's false accusations of bankruptcy, fraud, and robbery at a tea party; husband liable for damages of £120 plus costs.
Clipping
OCR Quality
98%
Excellent
Full Text
COURT OF KING'S BENCH
Wylie v. A.—and Wife.
Mr. Cumyns 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 neighbourhood about them, and if on any occasion she makes any mistake in her conduct, and takes freedom with the characters of her neighbours, 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 neighbours.
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 Catharine, his Wife, for slander. Though it is not proved 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 neighbour you must pay for him; so of the lady in this case, the husband must pay for the freedom of her tongue"—Damage for plaintiff, £120 and 50s. cost.
Wylie v. A.—and Wife.
Mr. Cumyns 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 neighbourhood about them, and if on any occasion she makes any mistake in her conduct, and takes freedom with the characters of her neighbours, 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 neighbours.
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 Catharine, his Wife, for slander. Though it is not proved 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 neighbour you must pay for him; so of the lady in this case, the husband must pay for the freedom of her tongue"—Damage for plaintiff, £120 and 50s. cost.
What sub-type of article is it?
Crime Story
Historical Event
What themes does it cover?
Justice
Deception
Crime Punishment
What keywords are associated?
Slander Trial
Defamation
Husband Liability
Tea Party Scandal
King's Bench
What entities or persons were involved?
Wylie
Mr. A.
Catharine A.
Gordon
Where did it happen?
Court Of King's Bench
Story Details
Key Persons
Wylie
Mr. A.
Catharine A.
Gordon
Location
Court Of King's Bench
Story Details
Merchant Wylie sues Mr. A. for his wife Catharine's slanderous statements at a tea party accusing plaintiff of bankruptcy, defrauding creditors, robbing Gordon, and fleeing to America; husband held liable for wife's words; jury awards £120 damages and 50s. costs to plaintiff.