which I am clearly of opinion it is) that the truth of the
calumny affords a relevant defence, and if it be likewise
true that the Diamond Beetle is really an Egyptian Louse, I
am inclined to conclude (though certainly the case is
attended with difficulty) that the defender ought to be
assoilzied.--_Refuse_.

"LORD JUSTICE-CLERK (RAE).--I am very well acquainted with
the defender in this action, and have respect for him, and
esteem him likewise. I know him to be a skilful and expert
surgeon, and also a good man; and I would do a great deal to
serve him or to be of use to him, if I had it in my power to
do so. But I think on this occasion he has spoken rashly, and
I fear foolishly and improperly. I hope he had no bad
intention--I am sure he had not. But the petitioner (for whom
I have likewise a great respect, because I knew his father,
who was a very respectable baker in Edinburgh, and supplied
my family with bread, and very good bread it was, and for
which his accounts were regularly discharged), it seems, has
a Clock or a Beetle, I think it is called a Diamond Beetle,
which he is very fond of, and has a fancy for, and the
defender has compared it to a Louse, or a Bug, or a Flea, or
a worse thing of that kind, with a view to render it
despicable or ridiculous, and the petitioner so likewise, as
the proprietor or owner thereof. It is said that this is a
Louse _in fact_, and that the _veritas convicii excusat_; and
mention is made of a decision in the case of Chalmers _v._
Douglas. I have always had a great veneration for the
decisions of your Lordships; and I am sure will always
continue to have while I sit here; but that case was
determined by a very small majority, and I have heard your
Lordships mention it on various occasions, and you have
always desiderated the propriety of it, and I think have
departed from it in some instances. I remember the
circumstances of the case well:--Helen Chalmers lived in
Musselburgh, and the defender, Mrs. Douglas, lived in
Fisherrow; and at that time there was much intercourse
between the genteel inhabitants of Fisherrow, and
Musselburgh, and Inveresk, and likewise Newbigging; and there
were balls, or dances, or assemblies every fortnight, or
oftener, and also sometimes I believe every week