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consequence of the defendant have will be better perhaps to be merciing published a false and scanda- ful to him. lous libel of and concerning the
“ Yours, &c. plaintiff. The defendant pleaded
“ W. J. BANKES." Not Guilty, and also put upon the The following libel was then record several pleas justifying the put in and read :several parts of the alleged libel. The following evidence
to Mr. Buckingham, dated given for the plaintiff
from Thebes, June 12, 1819. H. W. Hobhouse. I was in the “Mr. Buckingham --After some civil service of the East-India anecdotes respecting your conduct, company. I think, because my which you cannot but suspect must writing is on it, that I received have come, however late, to my the letter now produced. I re- knowledge before this time, you ceived it from the plaintiff at cannot expect that I should address Trieste, in the year 1819. The you otherwise than I should the letter was unsealed when I re lowest of mankind. It is indeed ceived it, in an inclosure. Be- with reluctance that I stoop to adfore I received it I had some con dress you at all. It will require, versation with the defendant about however, no long preface to acit, but I do not remember the par- quaint you with the object of this ticulars. I think the defendant letter, since your own conscience told me, that he had seen the will point it out to you from the plaintiff in Syria, that the plain- moment that you shall recognise a tiff was going to publish a work hand writing, which must be
-that he, the defendant, consider- familiar to you, since you have ed the plaintiff's conduct unfair copied it, and are about to turn towards him, that he had written a the transcript to account. You letter to the plaintiff from Thebes, have hoped that the distance of and that he would send me a copy place would befriend you you of it. He did send me the copy in have hoped that I should shrink a few days inclosed in the letter from proclaiming that I have been now produced.
imposed upon. It would have The letter was here read, it was been far more politic in you to dated Novemberthe 16th, 1819, and have shrunk from being proclaimed was to the following effect :: the man who has imposed. “ Dear Sir I have found the
that advertisement, by rough draft of the letter, which which you announce as your own I wrote to Buckingham, when I the works of another, you have at first saw his advertisement in the least spared me the humiliation of Calcutta newspaper. I send it to being named in the list of your you inclosed. There may be a friends. Though the motive of few verbal alterations, since I this is sufficiently obvious, and it kept no duplicate. I wish you to furnishes in itself both a proof and show it to my friend Mr. an aggravation of your culpability, at Aleppo, and to Mr. and Mrs. yet some of those who are made Rich, at Bagdad. You may make to appear in that list would what use you think proper of it; rather, I am persuaded, that you but if, on your arrival in India, had invaded their property as you you find the work withdrawn, it bave mine, than have subjected
them to so unmerited a stigma; afterwards) that you were in any oneamongst the number (whom you person's employ ; that it was at my would not have dared even to allude invitation (I being always under to had he been alive) is unhappily the supposition that you were a unable to repel the imputation in free agent) that you went with his own person, I mean the late me, having previously agreed to Mr. Burkhardt, whom you so im- take down my notes and the prudently cite as your bosom journal when I should wish it ; friend. The boast is rash and that the whole expenses of that ill-timed.
journey were upon me; that the “ Are you not aware that copies notes and journal were in great of a letter are extant, in which part taken down from my mouth he styles you a villain; in which (especially what relates to Dger
that the rogue can be ask), with the exception of that of brought to a sense of duty only by the two or three last days, which a kick? Do you wish then to were written with my own hand, publish your own disgrace, by and afterwards copied fair by you; letting the world know how well but above all, that the plan of the you were known to that excellent ruins at Dgerask was constructed person, who, during the two last and noted with my own hand, and years of his life, lost no oppor- that all the assistance that I detunity of testifying his contempt rived from you, even in collecting and aversion for your character. the materials for it, was in your.
“Do not imagine that these ascertaining for me the relative sentiments were confined to the bearings of some of the buildings page of a single letter. Sheik with my compass; that as to the Ibrahim was too open and too plan of the theatre, you did not honourable to wish others to be even know that I had made it deceived, as he had been for a time till you saw it at Nazareth. himself. Had his letters to me “ It is hardly necessary to rereached me sooner than they did, I mind you that you neither copied should have had timely warning a single inscription, nor made a to beware how I trusted you, and single sketch on the spot, since you you would never have had that are, I know, incapable of the one, opportunity which you have seized and your ignorance of Latin and of abusing my kindness and con Greek must, I should suppose, fidence.
unfit you for the other ; add to “ It is beneath me to expostu- which you had not a single sheet late with you, but I will state some
of paper on which you could have facts to yourself which I have done either, if I except a pocketalready stated to others-that the book about four inches square. journey beyond Jordan to Dgerask “ The great ground plan was and Omkais was arranged, and the traced at a window of the convent Arabs under engagement to con at Nazareth (as both my servants duct me thither before I ever saw can testify), and you have copies you; that you introduced yourself from my drawings at the tombs at to me by a letter, stating that you Omkias, taken at the same time. were intimate with some of my These last are probably to furnish best friends, and studiously con the vignettes and appropriate encealing from me (both then and gravings which are announced.
Surely you must laugh at the terms on which the parties were, simplicity of your subscribers when and the favourable opinions exyou are alone, with whom you are pressed by the defendant of the to pass for a draughtsman, being plaintiff
. The advertisement in ignorant of the very first principles the Calcutta Journal, announcing of design ; for an accurate copier the appearance of his book, was of inscriptions, being ignorant of also put in and read. all the ancient languages; and for John Murray.-I am a publisher an explainer of antiquities, being in London. The manuscript now incapable of even distinguishing produced I received about five or between the architecture of the six years ago ; when I parted with Turks and the Romans. I have it, I believe it was given by Mr. said enough. It is in vain to at Clerk to Dr. Babington ; this was tempt to make a man sensible of some months after I received it. ingratitude who has been guilty of Cross-examined. At the time I fraud.
got the manuscript back from Dr. “ What I demand is, the im- Babington, I had not seen the mediate restitution of those copies letter Mr. Bankes sent to Mr. from my papers, without exception, Hobhouse ; Mr. Buckingham sent and without your retaining any me two or three portfolios of drawduplicates of them. Let them beings and engravings; can't say how put into the hands of sir Evan many drawings ; there were
more Nepean, whom I have begged that than two; might be five or six ; he will, do me the favour to take the rest consisted of old French charge of them; and let all that engravings. Those produced are portion of the work advertised that some of the old engravings
. treats of a journey made at my Dr. Babington.-I am a phy, expense, and compiled from my sician; have travelled in the East ; notes, be suppressed. I leave you I became acquainted there with otherwise to take the consequence: Mr. Buckingham in April, 1815; should you persist, the matter shall we travelled together in the East ; be notified in a manner that shall in that year I saw Mr. Bucking, make your character as notorious ham copy inscriptions in India; I in England and India as it is al- have never seen him make drawready in Egypt and Syria. You ings or sketches ; I saw Mr. Buckwill find that you have not duped ingham in Madras, in April, 1818, an obscure individual, who is where I have seen manuscript notes obliged to bear it and hold his of his travels; I belieye I have tongue.
WM. J. BANKES. seen those now produced, but I " When this letter was written,
can't say positively; the books in I did not know that the person to
which the notes from which the whom it is addressed was editor of account of Djerask was drawn up the paper in which his long-winded were small ones like those now advertisement appeared, but sup- this country, I went to Mr. Mur
produced. When I returned to posed him to be still at Bombay.
ray's, in order to look after Mr. Several letters, which passed Buckingham's interest. I got
the between the plaintiff and the manuscript now produced from defendant, in 1816, were put in Mr. Murray in the end of January and read, in order to shew the or the beginning of February,
1820. I gave the manuscript to This was the case for the plainMessrs. Longman and Co., but I tiff. don't know whether the book was Mr. Gurney addressed the jury printed from this manuscript. I for the defendant. Mr. Bankes, have never compared the manu he stated, was a gentleman of great script with the printed book. Mr. acquirements, who, instead of wastBuckingham introduced me to Mr. ing his youth in dissipation, had Burkhardt, at Cairo, and to colonel devoted it to the advancement of Misset, at Alexandria. He
literature and science. Whilst he peared to be on intimate terms was thus employed, he had the with them. He introduced me to misfortune to fall in with the the one in November, and to the plaintiff, who was at that time, in other in December, 1815. In con- plain English, nothing more than sequence of his introduction I re a messenger
for a company
of merceived civilities from those gentle- chants, who had given him a sum men. When Mr. Murray returned of money for conveying their deme the manuscripts, he gave me up spatches; but which he intrusted a number of drawings, perhaps be to the hands of a stranger, leaving tween twenty and thirty, certainly the despatches to shift for themsufficient to make vignettes for selves. When the plaintiff wrote each chapter. I think I have seen the letter in question, he was conMr. Buckingham take sketches of siderably irritated, and it was nahead-lands, when we were tra- tural that he should, when he saw velling together near the Red Sea, that he was, by a person under but I can't speak positively to that obligations to him, about to be des fact.
prived of the fruits of years of toil Mr. Arrowsmith. I am a chart- and labour---years which he might engrayer ; I have compared the have spent in all the enjoyments drawing of the Ruins of Geraza in of his native land. He did not the published book with the draw mean to say, that those feelings ing (Mr. Buckingham's) now pro- would justify the defendant in duced, and they correspond. I writing that which was not true; have compared the smaller one but he trusted that he should be (the copy of Mr. Bankes's) with able to show that every statement the one in the books, and they was perfectly true, and then, of differ materially in the bearings. course, damages would be out of In one place they differ as much the question. as seven points. There are eighteen The deposition of Mr. Biggs, of places in the whole map. I mea- Bombay, stating, that the plaintiff sured thirty or forty bearings, and had, upon the oocasion in question, I found that in eight out of ten of been employed to convey des them, there was a difference be- patches over-land to India, and tween the drawing in the book and that he had sent them by another the smaller map. There is also a person, having been read, the difference in the shape of the French engravings having, in the figures and of the buildings. There margin, the plaintiff's manuscript are in the drawing in the book two instructions for the necessary alrows of pillars which are not to be terations, as to costume, &c, were found in the smaller map. There put in, and the marginal notes are many other variations.
were read in evidence.
A. Da Costa, examined through for drawing-paper, and compasses. an interpreter. I was in the de- All those articles belonged to Mr. fendant's service during the time Bankes. Mr. Buckingham had no he was travelling in Syria. I was portfolio. I kept Mr. Bankes's in his service for seven years; I money in a bag, but Mr. Bankes entered his service in 1813; I was took some in a girdle which he with him in Egypt and in Pales- had about his body. Mr. Bucktine ; I first saw Mr. Buckingham ingham left his servant at Jerusaat the convent in Jerusalem; the lem. I paid the Arabs 250 piasdefendant was then on the Dead tres. I took the money out of the Sea; the plaintiff asked me if I bag ; Mr. Buckingham never put would be good enough to deliver a any money into the bag. On one letter to my master; he said that day he asked me for the loan of ten he came from Bethlehem, and that dollars, but I said I could not give he had been in Egypt. He said, them without my master's orders. that he knew Sheik Ibrahim (Mr. I afterwards gave
him the money Burkhardt), and colonel Missett, by my master's orders. I saw the in Egypt. I delivered the letter plaintiff at Nazareth, writing a to the defendant, who read it, and copy of my master's note-book. I then tore it into pieces. At that recollect the defendant making time Mr. Bankes had an Arab with the produced plan at Nazareth, him, to make an application to the after his return from Djerask. I governor of the town, to release afterwards saw the plaintiff trahis son out of prison. The son cing the plan at the window of the was liberated, and I then went to
Convento bring another Arab to accompany
Giovanni Benatti examined, us on our journey. The Arab's through an interpreter.--I was in name was Mahomet Mehedi. Ma- Syria, and went by the name of homet Mehedi was with Mr. Mahomet ; I acted as interpreter to Bankes before I saw Mr. Bucking- the defendant, whom I accompaham. The plaintiff afterwards nied to Djerask. I was with made an application to Mr. Bankes the defendant when he agreed for permission to accompany him with the Arabs to guide him to to Djerask. The defendant re- Djerask. Mahomet Mehedi, the fused, and said he did not wish to Arab, who had accompanied Mr. have any company. The plaintiff Bankes from the Dead Sea, had made application two or three days a son in prison, in Jerusalem ; before Mr. Bankes gave any an- and, to procure his release from
After some time, permis- prison, the defendant made the sion was given to the plaintiff to governor a present of a telescope, accompany the defendant, upon some silver, and pearls for a lady's the plaintiff's promise that he necklace. I carried the defendant's would go for pleasure, and not portfolio to Djerask. The plaineither write or make any drawings. tiff had no paper; the day was I saw the party set out. The raining, and Mr. Bankes was in a party consisted of Mahomet, who grotto, taking a drawing of Djerask; came from Egypt, Mahomet Me- Mr. Bankes was speaking, and Mr. hedi, two Arabs, and Mr. Buck- Buckingham was writing. The ingham. The servant, Mahomet, plaintiff' did not make any drawcarried a portfolio, a tin case ing. During the journey there