The next time I was at Mooney's I heard some further particulars. The stranger had gone back for another drink, and after chatting for a few minutes, the bar-tender told him that his friend Mr. Aykroyd was the very Berry for whom he had been enquiring. On hearing that, he rapped out half-a-dozen oaths, rushed for a car, and drove off in mad haste.
I have never seen him since, nor has the bar-tender, and I never knew what were the motives for his peculiar conduct.
Early last year (1890) I felt compelled to bring an action for libel against the "Answers" Newspaper Co., Ltd. As the case was fully reported at the time, I think that a report condensed from the columns of _The Bradford Observer_, of March 17th, 1890, may be more satisfactory than my own statement of the case. I, therefore, give it, in the form of an appendix, rather than in the chapter--"The Press and the Public"--to which it belongs.
In this action Mr. Waddy, Q.C., M.P., and Mr. Waugh (instructed by Mr. J. J. Wright) appeared for the plaintiff, Mr. James Berry, the public executioner, of 1, Bilton Place, Bradford; and Mr. Cyril Dodd, Q.C., appeared for the defendants, the "Answers" Newspaper Company, Limited. The plaintiff claimed £500 for libel, which was printed and published in the periodical called "Answers;" the defendants admitted the printing and publication of the libel, and by way of mitigation of damages they withdrew all moral imputations against Berry's character and paid a sum of 40s. into court, and apologised for the words used.
Mr. Waddy said in behalf of the plaintiff--and he thought the observation would commend itself to their judgment--that no man in the kingdom, whatever he might be, and whatever calling he might follow, as long as he followed the duties of his calling in honesty and integrity, ought to be deliberately insulted and flouted for any reason whatever; and he believed that when they heard what kinds of falsehoods were printed concerning Berry they would agree with him that Mr. Berry, although he was the common executioner, being a sober and respectable man, was entitled at their hands to be protected from wanton insult. He would tell them what the facts were. It appeared that some time in September or October of 1889 a man named White came to him representing himself to be a correspondent of an American newspaper, and told Mr. Berry that he was anxious to hear his views upon the very interesting subject of executions by means of electricity, and that his opinion, in view of his experience at executions, was of very great importance. He offered Mr. Berry a fee of £3 if he would give him the interview which he desired; and that fee was paid, and Mr. Berry did discuss the question with him. He did that on the promise, both by word of mouth and in writing, that whatever he said should not be published in this country. Mr. Waddy then read the article which had appeared in "Answers," from which I need only give extracts.