"
"But it occurs to me," said I, by way of stimulating his conversation
with an objection, "that if so passionate and tenacious a habit of
telling the exact truth upon innumerable things was present in this old
institution of which you speak, it cannot but have bred a certain amount
of dissension, and it must sometimes even have done definite harm to
individuals whose private actions were thus exposed."
"You are right," said he; "the danger of such misfortunes was always
present, and with the greatest desire in the world to support only what
was worthy the writers of the journals of which I speak would
occasionally blunder against private interests; but there was a remedy."
"What was that?" I asked.
"Why, the law provided that in this matter twelve men called a jury,
instructed by a judge, after the matter had been fully explained to them
by two other men whose business it was to examine the truth boldly for
the sake of justice--I say the law provided that the twelve men after
this process should decide whether the person injured should receive
money from the newspaper or no, and if so, in what amount. And, lest
there should still be any manner of doubt, the judge was permitted to
set aside their verdict if he thought it unjust. To secure his absolute
impartiality as between rich and poor he was paid somewhat over L100 a
week, a large salary in those days, and he was further granted the right
of imprisoning people at will or of taking away their property if he
believed them to obstruct his judgment.
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