Scottish Jury Court Reports

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Cite as: [1821] ScotJCR 2_Murray_505

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SCOTTISH_HoL_JURY_COURT

Page: 505↓

(1821) 2 Murray 505

CASES TRIED IN THE JURY COURT.

No. 67.

Scott

v.

Scougall.

1821. July 16.

PRESENT, LORD CHIEF COMMISSIONER.

Damages for defamation, assault and battery.

Damages for defamation, assault and battery.

Defence.—A denial of the summons as laid, and a plea of provocation and aggression, for which a separate action was brought.

ISSUES.

“Whether, on or about the 18th day of November 1820, near the Exchange Buildings in Leith, and in presence and hearing of Alexander Brodie, Patrick Hodge, and Andrew Gray, merchants in Leith, or one or other of the said persons, the defender did falsely and injuriously say, that the pursuer was a liar, or a damned liar; or did use or utter words to that effect, to the injury and damage of the said pursuer?

Whether, on the said 18th day of November,

Page: 506↓

in Bernard Street in Leith, the defender did violently assault and strike the pursuer, to the injury and damage of the said pursuer? Or Whether, on the said occasion, the pursuer struck the defender first?”

Damages laid at L.2000.

Buchanan opened the case, and stated—The real question is the amount of damages, which the defender seems to admit, by offering L.15 as compensation.

Jeffrey, for the defender.—I do not deny that a blow or push was given; but the pursuer called the defender a damned scoundrel, and the blow was merely an insult, and not attended with any injury. The Court cannot hold words a justification for a blow; but the whole case is in your hands, and I trust you will not give damages.

Cockburn, for the pursuer.—The defender is wrong in all his statements, and a counteraction brought by him has been dismissed. An apology would have been received, but the defender repeats the insult by an offer of L.15. A

Page: 507↓

blow, by the manners of this country, though not by morality or law, and still less by religion, justifies the taking the life of the aggressor; and what damages will you give to a peaceful citizen who comes to seek reparation for such an injury?

Lord Chief Commissioner.—We are here, you will recollect, in a court of law, not of honour; and in a court nothing is better than coolness and deliberation in considering the cases which come before it. This case is peculiarly for you; but the sentiment with which the counsel for the pursuer concluded, makes me think it right to state to you, that moderation is the proper principle upon which to proceed in a civil court.

On the second Issue, the blow is admitted, and the manner in which it was given has been proved. There was much irritation between the parties; and probably you may be of opinion that, in the circumstances, it might have been as well settled out of Court. L.15 were offered, but no apology was made; and that sum not having been accepted, you are not entitled to take it into consideration. How it may affect the costs, will be matter for the consideration of the Court in term,

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in this, which is the first case of a tender of amends.

Verdict—“For the pursuer on both Issues, damages L.100.”

Counsel: Cockburn and Buchanan for the Pursuer.
Jeffrey and Robertson for the Defender.

Solicitors: (Agents, John Young and John Robertson.)

1821

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