Let it be recorded at once that her brother promptly redeemed his promise, and sent a cheque for half the amount.
As soon as the decision of the Court was made known, one of the jurymen expressed his feelings in a letter to the Scotsman:
“Edinburgh, July 1871.
Sir,—As one of the jurymen before whom this case was tried, I am extremely disappointed to observe from the papers that the Court have found the pursuer entitled to his expenses.
I have been anxiously looking forward to the determination of the case, in the hope that the verdict of the jury would be so applied as to receive the effect which they intended by it.
The jury were of the opinion that the pursuer should have submitted some evidence to them of his non-participation in the disgraceful riot, of which Miss Jex-Blake had so much reason to complain, to have entitled him to a verdict; and they would have made some representation to the presiding Judge on the subject had it been possible to do so.
After retiring, the first thing done was to appoint a foreman. This gentleman turned out to be in favour of a verdict for the defender. With the view of ascertaining the mind of the rest of the jury, he asked us individually to write down on pieces of paper whether we were for ‘libel’ or ‘no libel’. The result was an equal division—six for finding that there was a libel, and six for no libel. This was done a second time with the same result. In this predicament, and after considerable discussion as to the amount of damages, in the course of which I don’t think a larger sum than one shilling was even mentioned, even by those who thought there had been a libel, it was proposed to ask the Court whether the foreman had a casting-vote. This was done, and the Clerk came back and told us he had not. We then asked the Clerk whether we were entitled to find for the pursuer without giving any damages, and he told us we were not. Shortly after, we again sent for the Clerk, and enquired whether a farthing of damages would carry expenses against the defender. He stood a while, and said there was some new Act which provided that a farthing of damages would not carry expenses.
He went out to consult the Judge; but, having got this information from him, we agreed upon our verdict, and rung the bell for the macer at once. I had no doubt of the soundness of the Clerk’s opinion, and in that belief I concurred in the verdict finding the pursuer entitled to one farthing of damages. I certainly would not have done so, had I for a moment anticipated the result which has happened. I think the case a very hard one for the defender, more especially when, but for the opinion given by the Clerk, the verdict might have been in her favour. I think it is due to her that the public should be informed of the circumstances under which the verdict was given, for it seems a very illogical result to affirm that the pursuer had suffered no damage by the alleged slander, or, at least damage of only one farthing, and at the same time to compel the defender to pay a large sum for expenses, especially when the origin of the whole matter was a riot in which the ladies were so badly used.—I am, etc.
A Juryman.”
This letter was followed by one from a lawyer: