was contended that no libel had been committed, because it was published against a class, and that class was not sufficiently described with respect to numbers; but it appeared to him wholly unnecessary to describe them more fully than the indictment had done. Suppose, for instance, in the case of libel against the army, it would be only necessary to define the army which existed at a particular time, without reference to numbers. But the indictment in this case did specify the class, and could any unprejudiced person say that this class did not really mean the Indigo planters of Lower Bengal? It appeared to him perfectly clear, and he believed it to be generally known that the two classes were in existence viz. the Indigo planters and the ryots. His Lordship proceeded to consider the various cases cited by the Counsel for the defence, but held that none of them applied to the case then before the Court. After commenting at considerable length upon the various passages in the pamphlet, he proceeded to quote the following:-
"Darogah:- Did not the Magistrate say he will come here this day?
Jamadar:- No, Sir, he has four days more to come. At Sachigunge on Saturday, they have a champagne-party and ladies' dance. Mrs. Wood can never dance with any other but our Saheb; and I saw that when I was a bearer. Mrs. Wood is very kind: through the influence of one letter, she got me the Jamadary of the Jail."
Again:-
"The cobra-de-capello, like the Indigo Planters, with mouths full of poison, threw all happiness into the flame of fire. The father, through injustice, died in the prison ; the elder brother died in the indigo-field, and the mother, being insane through grief for her husband and son, murdered with her own hands a most honest woman. Getting her understanding again and observing my sorrow, the ocean of grief again swelled in her."
Now, we are asked to say that this passage does not bear the construction which the Jury have found that it does bear. This passage of itself had been quoted, and had been found by the Jury to have been published in the sense imputed that would have been sufficient to have supported the conviction.
The Court disallowed the rule.
Mr. Justice Wells, addressing the defendant, asked him
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