"THE UNSPEAKABLE SCOT."

New Zealand Mail, Issue 1696, 31 August 1904, Page 83 (Supplement)

"THE UNSPEAKABLE SCOT."

BEFORE THE MASTER OF THE ROLLS, LORD JUSTICE STIRLING, AND LORD JUSTICE MATHEW. '‘.LOVELY WOMAN." Mr Thomas William Hodgson Crosland, of Chobliam, author of “The Unspeakable Scot” and "Lovely Woman." applied for a new trial of the action against the Dorset Publishing Company (Limited), against which he had claimed damages for an alleged libel contained m a review of "Lovely Woman,” which appeared in the columns of the ‘‘St. James’s Gazette." Mr B. A. Cohen, for Mr Crosland, explained that at the trial before Mr Justice Grantham, the jury found a verdict for the defendants, and the grounds of the appeal were misdirection by the learned judge; that before he summed up

he handed the jury a copy of the book in question, and told them to read two specified pages, and that he lid not explain that whatever view they took of the hook, or those two pages, could not affect libel, but could omy go to damages. Mr Crosland had had some connection with the "St. James's Gazette," which had apparently been broken off. There is one passage in Mr Crosland’s book which we can partially agree with in .one sentence: "When I look out upon life in my calmest moments I am prone to wish that all women were widows. If they were the amount of human suffering on the earth would, to say the least, be sensibly reduced. And when one went awooing or a-wodding, one would be appreciated at one's true worth. The courting of widows would appear to be a much less nervous matter than the courting of maids. As a rule it is rapider and more economical. If you say to a widow ‘Wilt thou be mine?' after a ton minutes' acquaintance she neither faints nor calls for the police. It is not sc with maids." All the last part, (said the reviewer) is merely a prosy watered-down version of a certain coarse rhyme of an Elizabethan date which may be found in the notes to some version of "Hudibras." If true it is of no particular profoundly. But. when we think of Mr Crosland, even in his “calmest, moments" as a prospective (and possibly actual) husband, we are inclined to agree that if one woman at any rate were a widow "the amount of human suffering on the earth would, to say the least of it, be sensibly reduced." Plaintiff alleged that these words meant, and were understood to mean, that liis character, temper, and disposition were calculated to render the life of his wife a burden, which would be alleviated by his death, and that he was a man unfit for married life. While admitting publication of the words complained of, the defendants pleaded that they did not bear, nor were intended tc bear, the meaning alleged nor were callable of any defamatory meaning. It was further pleaded that they formed part of a critical article, that they were fair and bona fide comment upon a matter of public interest, viz., the contents of the book and the opinions put forward therein, that they had no reference to the private life or character of the paintiff, and that they were written without malice. Lord Justice Mathew: What's the sting of the paragraph ? Mr Cohen: It is capable of a libellous meaning—that if he were dead it would be better for his wife. (Laugther.) Lord Justice Mathew: That's provisional, and conditional, and prospective. (Laughter.) Was this gentleman married ? —Yes. And thi-s is supposed to be a libel on his wife?—On both of them. Mr Cohen said Mr Justice Grantham led the jury to believe that if they thought the book was indecent or vulgar the "St. James's Gazette" was entitled to say anything it liked about the author. Lord Justice Mathew: You say it imputes to the plaintiff that he is a had husband ? Mr Cohen: Yes. (His lordship laughed;. Counsel said the gist of the two pages- of the book handed to the jury was that women were ashamed nowadays of bearing large families, whereas they used to be proud of it. The learned judge apparently thought it was an incentive to women to have small families, whereas it was the reverse. Lord Justice Mathew: One interpretation of the libel was that it would be a blessing if we wore relieved of the litgrary efforts of a gentleman like this, and. therefore, when ho calls attention to these passages in the book it is perfectly legitimate. Mr Cohen said at the trial Mr Crosland was asked if be had an intimate acquaintance with the landladies of ttamsgate, where the book was written. That was meant to suggest that he had had immoral relations with the landladies of Ramsgate. (Laughter.) Mr Gill, ICC. (for the defendants): The context of the cross-examination would show that it was. not so. Mr Cohen thought it was grossly unfair for the judge to hand the pages to the jury and say that that was the character of the whole hook. Lord Justice Mathew: I can understand that the learned judge did not wish to repeat in public anything so disgusting, so he handed it down. Without calling on Mr Gill, their lordships dismissed the appeal. The Master of the Rolls said that the critic was entitled to express his opinion on a book as literature, but. he was not entitled to go behind its merits as literature and embark on a discussion of the private merits or demerits of the author. Lord Justice Mathew added that the review was fair criticism, though very pungent and very unpleasant.