atkins case first seal after Michaelmas term December the saint jamess evening  post case roach v Garvan or hall SC sub nom roach v Garvan dick see in re  Cheltenham carriage   lr Eq Tichborne v Tichborne l I Ch kitcat v sharp l I Ch  Surendranath Banerjea v chief justice of Bengal lr ind App hunt v clarke l I Q  b in re the American exchange in Europe the American exchange in Europe v  Gillig l I Ch be crown bank re omalley Ch d in the first and last of these  case the citation be sub nom roach v hall in the second roach v Garvan in the  four the printer of the champion S c cite post incumbent on court of justice  to preserve their proceed from be misrepresent and the mind of the public  shall not be prejudice before a cause be hear whether a libel be public or  private the only method be to proceed at law and this court have no cognizance  unless it be a contempt by be a abuse of their proceed print initial letter  will not protect a libeler a motion against the printer of the champion and  the printer of the saint James evening post that the former who be already in  the fleet may be commit close prisoner and that the other who be at large may  be commit to the fleet for publish a libel against Mr hall and Mr garden  executor of John roach Esq late major of the garrison of fort saint George in  the east Indies and for reflect likewise upon governor Mackray governor Pitt  and other tax they with turn affidavit man c in the cause now depend in this  court between mrs roach and the executor and insist that the publish such a  paper be high contempt of this court for which they ought to be commit Lord  chancellor nothing be more incumbent upon court of justice than to preserve  their proceed from be misrepresent nor be there any thing of more pernicious  consequence than to prejudice the mind of the public against person concern as  party in cause before the cause be final hear vide baker v heart post mrs  Farleys case Ves it have always be my opinion as well as the opinion of those  who have sit here before I that such a proceed ought to be discountenance but  to be sure Mr solicitor general have put it upon the right foot that  notwithstanding this shall be a libel yet unless it be a contempt of the court  I have no cognizance of it for whether it be a libel against the public or  private person the only method be to proceed at law the defendant counsel have  endeavour two thing saint to show this paper do not contain defamatory matter  dly if it do yet there be no abuse upon the proceed of this court and  therefore there be no room for I to interpose atkins er p now take the whole  together though the letter be arIfully pen there can remain no doubt in every  common reader at a coffeehouse but this be a defamatory libel for after he  have lie down the plan of the pa er in this manner it have be observe long ago  that the Roman catholic be very zealous for the propagation of their religion  and that they atkins stick at nothing though ever so scandalous to compass  their end we have have late a most shock instance of it then it go on and  treat of person some at parish and other at London and it be very plain that  it be I relative to the executor of major roach party in this cause  notwithstanding there be only initial letter of their name and place of abode  in the manner follow he have appoint meaning major roach t h l of g od S t and  f g n of the t e his e rs all the libeler of the kingdom know now that print  initial letter will not serve their turn for that objection have be long get  over the bill in chancery mention in the last paragraph of the first column  can be applicable only to this cause for the word be she meaning mrs roach  come back to London and file a bill in chancery against the two e rs in order  to call they to a account it be plain therefore who be mean and as a jury if  this fact be before they can make no doubt so as I be a judge of fact as well  as law I can make none I may mention several strong case where even feign name  have be construe a libel upon those person who be real mean to be libel I  shall take notice but of one and that be the case of mrs Dodd who print a  letter abuse the late king under the name of Merriweis sophy of Persia it be  try before a jury of gentleman of great honour who be so well satisfy of the  real meaning that notwithstanding the whole be conceal under fictitious name  they find the publisher guilty next as to the expression in the paper that  there be even here in England some gentleman of note and character who do not  scruple to turn affidavit man Mr solicitor general have insist this may be  take in a good sense as well as a bad one because a man who swear true be as  much a affidavit man as if he swear false and the court shall take it in mild  sensum I will not take upon I to say whether upon a action at law this can be  support as libellous upon the strict rule atkins but I believe there be no  body who be conversant in the proceed of this court but must know that this  expression mean person who be ready upon all occasion to make affidavit  without regard whether they have any conusance of the fact upon the whole as  to the libellous part if so far there shall remain any doubt whether the  executor be mean it be clear beyond all contradiction upon the last paragraph  in which be these word this case ought to be a warning to all father to take  care with who they trust their child and their fortune lest their own  character their widow and their child be asperse and their fortune squander  away in lawsuit and likewise though not in so strong a degree the word turn  affidavit man be a libel against those gentleman who have make they it be  insist that the follow word this cause which have be long depend in chancery  here be all last determine on Wednesday the d instant by the right honourable  the Lord high chancellor a great many person who as well as I be concern for  mrs roach and impatient to know the issue of that affair go that day to  Lincolnsinn hall and we be every one oh we extreme please when we hear that  most upright magistrate decree by which the master report be confirm and the  Lord Barrimore appoint guardian be not a contempt here be no misrepresentation  of fact and the court speak of with great respect and indeed it be very true  but then this be colourable only and such colour shall never impose upon the  court there be three different sort of contempt one kind of contempt be  scandalize the court itself there may be likewise a contempt of this court in  abuse party who be co corn in cause here atkins er p there may be also a  contempt of this court in prejudice mankind against person before the cause be  hear there can be any thing of great consequence than to keep the stream of  justice clear and pure that party may proceed with safety both to themselves  and their character atkins the case of bake the printer of the Gloucester  journal who publish a libel in one of the journal against the commissioner of  charitable use at Burford call his advertisement a hue and cry after a  Commission of charitable use be of the same kind as this and the court in that  case commit he there be several other case of this kind one strong instance  where there be nothing reflect upon the court be the case of captain very who  print his brief before the cause come on the offence do not consist in the  print for any man may give a print brief as well as a write one to counsel but  the contempt of this court be prejudice the world with regard to the merit of  the cause before it be hear upon the whole there be no doubt but this be a  contempt of the court with regard to mrs read the publisher of the saint James  evening post by way of alleviation it be say that she do not know the nature  of the paper and that print paper and pamphlet be a trade and what she get her  livelihood by but though it be true this be a trade yet they must take care to  do it with prudence and caution for if they print any thing that be libellous  it be no excuse to say that the printer have no knowledge of the content and  be entire ignorant of its be libellous and so be the rule at law and I will  always adhere to the strict rule of law in these case therefore mrs read must  be commit to the fleet accord to the common order of the court upon contempt  but as to Mr Huggonson who be already a prisoner in the fleet I do not think  this any motive for compassion because these person general take the advantage  of their be prisoner to print any libellous or defamatory matter which be  bring to they without scruple or hesitation if these printer have disclose the  name of the person who bring this paper to they there may have be something  say in mitigation of their offence but as they think proper to conceal it I  must order mrs read to be commit to the fleet and Huggonson to be take into  close custody of the warden of the fleet