v. Chirol's book contained matter defamatory to the plaintiff. In dealing with the Rand and Jackson murders, Sir Edward Carson had made some strange omissions. Within a month of Mr. Rand's murder, Mr. Tilak, who according to Sir V. Chirol was the real author of the murder was prosecuted at Poona, not on any charge connected with the murder, but a charge of sedition, a striking fact, for the authorities had every means of knowing how far Mr. Tilak's writings were to blame. At that trial the Advocate-General and the Judge, both expressly disclaimed the idea of any connection between the articles and the murder. Secondly in the very month, in which the murder was committed, Lord Sandhurst had confirmed Mr. Tilak's election to the Legislative Council. Again when asked by Sir Edward Carson if he had ever taken proceedings against the Times of India, Mr. Tilak said he had— much to the discomfiture of the defendant. He took proceedings in Bombay and the Times of India came to the court and not only apologized but did what was very rare in Ubel actions — it went out of its way to give an assurance that the apology was genuine. Regarding the murder of Mr. Jackson, not a single denunciation of Mr. Jackson by Mr. Tilak was produced. The confession of a wretched boy caught after the crime was not the best evidence of the truth of the matters concerned. Regarding the remaining four libels, not a scrap of evidence had been given in the case. In conclusion he said that no matters of colour or race or creed or religion should come in the way and that the Jury should give Mr. Tilak unfailing justice even if the heavens should fall. Mr. Justice Darling then summed up the
