Untitled - Memorial University's Digital Archives Initiative

- 4 -
dey, published the item in question ond
r-efused to admit the truth of Tobin'a
disclaimer . Previous to this end as a r e su l t of l i be l s by Tobin on the administration
of justice, Tobin' \l8 S dlsrdss~d by the Gove rnment of the day f'r-oa all offices
held by him .
The Plai nt i f f sued the proprietor of the NevfoundIande r- f or 11bel, l aying t he
damages a t -l,2,OOO. The f e I'e noe \l 8 S that "as a public journal they only did thei r
duty, and they would be unworthy of their posit ion did they not notice a rwnor of
un iversal not ori ety; one which f ixed upon a publ ic officer the au thorship of a
libel concerning t he best interests of the country" . Th" case came on f or t r ial
in due course, and vas heard before Chief Ju stice Brady and Hr . Justice Robinson
in January 1859 .
The full bench at that tioe consisted of Brady, Robinson and t he
late Phi lip Little, br other of t he l at e Chief J ustice , Sir Joseph Little. JUdge
Little, however, did not
take part in the trial , for the reas on of his identific _
ation wi t h the cfr-cumste ncea leading up to the su i t , the person r eferred to i n
the Globe correspondent as "I'he i:ew Candidate" , being his br ot her, t he l at e Sir
Joseph Ld.t.t.Ie , The plai ntiff's case wa s cond uc ted by t he l at e Sir HUSh Hayles,
And the late Sir Frederick Carter; vhile arrayed on the sdde of t.he defendant
....are George Hupot t, then Attorney General i n t he Kent Gover nment , Mr. Wood Q.C . ,
the late Sir Joseph LiftI,,: ane-j.:r . O'Dr1RColl--the latter bcln~.nOWl1 as ~ 4 _:'-:-:- - ._~~
Iris h Levyer- , The fir s t witnes s called f or t he pl.