oyce invents and states the exact opposite of
all these facts, and then bases on these purely invented facts most
undeserved "personal censure" and most "reckless and unfair attacks."
Therefore, his article is a libel in its whole groundwork and
essential spirit.

"If a person, under pretence of criticising a literary work, defames
the private character of the author, and, instead of writing in the
spirit and for the purpose of fair and candid discussion, travels into
collateral matter, and introduces facts not stated in the work,
accompanied with injurious comment upon them, such person is a
libeller, and liable to an action." (_Broom's Legal Maxims_, p. 320.)
Applying this to the case in hand: Dr. Royce "defames" my "private
character," when he accuses me of "frequently" indulging in
"extravagant pretensions"; he "travels into collateral matter," when
he alludes at all to my unpublished manuscript; he "introduces facts
not stated in the work, accompanied with injurious comment upon them,"
when he alludes to this unpublished manuscript for the sole purpose of
saying (untruthfully) that I "frequently make, of late, extravagant
pretensions as to its originality and profundity," and again when he
says that I have worked all my life in a Hegelian "atmosphere," for
the sole purpose of founding upon this false statement a false charge
of plagiarism.

In the "Griffith Gaunt" case, Judge Clerke said in his charge to the
jury: "The interests of literature and science require that the
productions of authors shall be subject to fair criticism,--that even
some animadversion may be permitted, unless it appears that the
critic, under the pretext of reviewing his book, takes an opportunity
of attacking the character of the author, and of holding him up as an
object of ridicule, hatred, or contempt. In other words, the critic
may say what he pleases of the literary merits or demerits of the
published production of an author; but, with respect to his personal
rights relating to his reputation, the critic has no more privilege
than any other person not assuming the business of criticism."
(_Abbott's Practice Reports_, New Series, VI. 18.) Applying this to
the case in hand: Dr. Royce, "under the pretext of reviewing" my
"book, takes an opportunity of attacking the author, and of holding
him up as an object of ridicule and contempt," if ridicule and
contempt are the deservedly universal punishment of the plagiarist and
the braggart. To