Cambridge Chronicle 19 Mar 1830: Dawes action for slander against Dobson

DAWES V. DOBSON

The plaintiff in this case is a carpenter, and the defendant a bricklayer, both living at Trumpington, and the action was brought for slander, in defendant having asserted that the plaintiff stole a quantity of pease, the property of the Rev. Mr. Hewitt, who holds a farm in the parish of Granchester — Martha Green said, the defendant asked her if she had heard that the plaintiff had been stealing Mr. Hewitt’s pease; she said yes, but did not believe it; he replied, but you may, for I have been to Mr. Hewitt’s steward, who told me it was true; and also that he was caught in the man-trap which is set in Mrs. Humphrey’s garden, and further that he would have no more to do with him for he (plaintiff) was a rogue and a gallows rogue. — Several other witnesses proved that a similar allegation was made in their hearing by the defendant, who said that the steward had told him such was the case. The witnesses admitted on cross-examination that the report was quite prevalent, and one or two of them had heard of it before the defendant told them. —Mr. KELLY, for the defendant, said, words were not actionable unless the party sustained special damage, and it was not attempted to prove that such was the case in this instance. All the witnesses agreed that the report was abroad before the defendant had any thing to do with it. No malice was intended by the defendant from the report; and he did not say that he knew it himself, but that the steward told him. — The learned Judge said it was necessary that a party should be enabled to prove that such and such words or allegations were true before he uttered them it was not sufficient to say that he had heard them, and they were currently reported. —After a short discussion, with the advice of his Lordship, a verdict was given for the plaintiff - damages 40s. —Counsel for plaintiff, Sergeant Storks and Mr. Andrews; for the defendant, Mr. Kelly & Mr. Gunning.