Star. — London, England, 1812-12-10 00:00:00

..: ---;c • r,' ~ I t it ii., *to ii PhYsicista. in Co ndos hell Mr. ER . surgeon to the Ceammander in Chief, dated b rio ,. Nove.mber, 21, states,. tha t lifarshalßenaszonD s ieOvering but very slowly, in consequence of ex rire es foiistions taking place from the rib s , w hi c h ! ' c e injured by the.,hall he received in the battle of g a ismanca. We regret to liarn that the Se rv i ce i s t b s . at so critical a . fr iu!iiture as the present, deprived `of se rvices of this valuable O ffi cer, who possesse s i s io .o f the confidence of the Marquis of WELLING ,' T os, NVe . bope soon to learn that the Marshal has de r„..„ , • . t. try the effets of his native air, in restoring more to the service of hi* country. Tiusivik and.woonded soldiers lately arrived from Liao, were on .Tuesday. morning landed at Ply- Na di, from the Transports No. 130, and 355: pre 'wow to which, three cmnpanies of the Royal Che- I & hire Militia marched from their barracks, at Ply-1 : youth Dock, to drke barracks at Mill Bay, to make r oofer such of the sick and wounded as are in i quivalescent state. , The `rest have been sent to the 1 Algal Military Hospital. . . ._, , • I • % ..the Cheshh'e lAi egimertt *WE Wert to ialat titi ~ •jjasy at Mill prison, which 'on accodntsof the edit, is the severest ditty in the United Kingdom .; ''. • • The Hussar brigado are expeeted at Portssobiath to, em bark immediately. Six troopt of. the 18th, • who are now in that neightoutitood,,lhave received their '1 , ai d ers , A i ate to. embark as soon as possible. :". Colonel DAVIS; of ihe'22ct Light Dragoons, has . jeer appointed .a Arigadiei-General upon the Staff of Malt 4. .... , .. • . Colonel Duo, of the 3d root Guards, aO4, colonel i!i Rm i AN E, Assistant:Adjetant-Gvnerai in the !Cent piltrict, are to be Brigadier-Generals in.tite riltliilSOUll• —that their verdict pronounce it what the in torrnation'descllbed it to be— a gross and malicious libel. ,It might be expected of him that h e s h ou ld i n some Way anticipate what no doubt would be urged on the other side; but he should pursue no such Course, though on such a libel,. so plain, so atrocious, he was at a loss to conCeive'what could be offered in defence of it. He could not believe that the Learned and Eloquent Gentleman (Mr. Brougham) won'd introduce such topics by way of defence and justiff.' ' cation, as he had elsewhere heard that it was intend= ed to adiluc on the present occasion. He could not believe that any such mode would be adopted ; but ' it depended on the speech of the Learned Gentleman on the oppotite side, whether he should avail himself of his right of reply to the defendant's Counsel, to again address the Jury. It was not his Wish, and he lipped that occasion would not call upon him to do it. For the present he should conclude, with Merely entreating the Jury, when they should have admired the fervency end the energy of the speech which) they would hear from the defendant's Counsel, to do justice between the Fublic and the defendant; ; and not to suffer their minds to be unduly impressed with what might fall from his eloquent adversarY.— But why should he put them in mind of doing justice towards the public as well as towards the defendants ; • • LAW iNTALLMENCE. iil7 ICING'S BENCH, DECEMBER CDANEERLAYNE V. ISHDOM HEA D. Th issvas an action of Critn. Con. The plaintiff `rasa Clerk in the Pacquet Agents Office at Lisbon, 'sod the defendant a Lieutenant of a man of war.. The evidence stated that the plaintiff had sent 44. , *f if e away from Litton some time ago, in conse• *wpm of her adulterous conduct, and trom that pe. liod has allowed her ar66 per month. She had rest•, for four years in Landon, and became acquaiii eith the defendant, with whom it was clearly for he knew that just i ce would characterise their verdict? He would also conjure them to do it with the conviction that their conduct-would be transmit ted to postcrity (for they were to be transmitted to future times with observations on such conduct) ; but. he would nit doubt that they would so act, as to entitle ' them to live in the memories of the present lic individual except the person now addr ess ing them, and he was only known tq the author in the way of his profession. The author *as a retired, studious young man—one who assorted with books rather than with men—he was one who delighted in book, alone, as his publication would prove, it being occu pied with critieisrhs, puetry, history, as well as gene ded K J KID. proved she had acted criminally.; but it was also rowed that her general conduct was most indecent, tad that she wai also, not unfrequently,-in d state of beastly intoxication, ' Lord ELLINEODOUGH here interfered, and observed the action would lie ) and there must be a verdict for the plaintiff ; bnt . he thought the Jury would not give , 'any serious damages. Verdict for plaintiff—Dama-si les One Shilling. • DUNDAS v. LORD SENIPLE. This .was an action against the defendant, Lord 'temple, for 'criminal conversation with the plaintiff's wife. The Souctrort-Gamtar. stated the cirrumstances ‘`vildie case ) which were as follows : The plAinti ff , liir.Dudtlas, l tvas a Gentleman of small fortune, who bad connexion:l'2nd property in Sweden, to Which • country re frequently resorted. He had initrried his • Lady 19 the steer 1801, at which time she was abont 22, years of age. Last year he wenras usual to Swe den, tit ,on account of the dimurted state of the ,sountry, he left her at hothe with a sister, in Berk . shire.. During his absence she became acquainted frith Lord Semple, and before his return she had 'doped and was now living in open adultery. • The Noble Lord made no defence, 'aria the Jtiry Cot the plaintiff.—Damages £4OOO. . . . niccrissista 9. ° CRIMINAL 411 7 ORMATION FOAL A UtiEL. • • THE KING V. JOHN HUNT AND LEIGH :HUNT. This interesting trial came on this morning before ,the folloWing Special luny;—there being a full at dance of Special Jurymea, there was.no occasion 11) pray . triter John Bond, Esq. Thomas Sultan, Esq. Samuel Sharwood, Esq. . Joseph Brown, Esq. John Lewis 131achbourn,Esq. Alexander Gibbons, Esq. Jobs Wilson, Esq. John tooth, Esq. Mold qarrett,Esq. Samuel Jotibl, Esq. • Joseph Gay, Es q. Josephs Watson, Esq. r - • . - that generation, and to be handed down to future ages as men who had the courage to do their duty. Mr. Raven produced a certificate from Mr. Hal ton, of the Stamp-office, containing• a copy of an affidavit, sworn to by John Hunt and Leigh Hunt in 1807, in which they declared themselves to be the Publishers and printers, and sole proprietors of The Examiner. Witness also produced a number of The Examiner of the 2ild March, containing the alleged libel. Mr. Lowton, the proper officer of the Court, then read the libel from the newspaper, as well as several portions of the article which contained the libel, at the request of Mr. Brougham, as he declared his intention of quoting those passages, and making re marks on the ci,ntext ;—but We will notice those pas sages as they occurred in the course of the address to the Jury. Mr. Baoticmast then rose. If in rising to addratig.' the Jury, he felt that he stood on no other ground' than what public rumour had been pleased to assign to him, and Which had been obscurely glanced at by the Solicitor-General ; if indeed he were compelled to mtack those exalted personages, whom the Con. stitution protected for the wisest of purposes ; if he were to violate the sanctity of that place, and the character of that gown which•he wore, in those en deavottrs which he was about to make to obtain that verdict of acquittal which he confidently anticipated if, indeed, his road to that verdict of acquittal lay over any such circumstances, they were claculated to shake much stronger nerves than he could boast of possessing. But his road- did not lay over any of those topics. He had occasion to rejoice, that in his t;elencer, in exculpating the defendants, it would not be necessary . for him to travel over any such topics. If he were to make any such attacks as might have been anticipated by some; they could not be subser vient to the d e f en dants , and they could only gratify _ . - Then - . . ral politics. He was one of no party, he knew no thing of an'y set of men:indeed he carried this hatred of party to a Very erroneous extent, as the Jury might think, since the motto to the paper was— " Party is the Madness of many, for the gain of a few." ' (Swift, or, according to some, Pope.) The political questions which generally occupied the attention of the defendant's publication were those of leading and vital interests to the etnpire—questions in which all parties were interested, such as Military Punishments, the Criminal Code, Parliamentary Re form, the Slave Trade, the condition of the Poor, and, above all, the Sister Kingdom. Those Isere the general subjects that run through his Journal, and amongst others, particularly thl one last named. On the subject of Ireland he had often discusses!. On that question he had certain opinions, they might be right or they might be wrong, but he hold them with ,tha.t earnestness. and enforced them with that war mth which honest men would ever evince and feel, when dwelling on important subjects. He could not see 'the policy of keeping one army in Ireland to pre vent another from being thcrr. He could not gee the gratitude df still continuing to pillage that thutch of their ancestors, from which they had built their own—nor could he perceive the profit .that resulted from mismanaging so valuable a portion of the United Kingdom—he, in fact, could not see the safety of irritating the general population of that part of the kingdom. To conciliate millions, he thought would be a much wiser course of policy to pursue. Filled with such sentiments, he wrote the libel. He might be wrong, or he might carry them to too great an extent ; yet, though he diffl.red from 4 reat authorities, there were. great names on his side. Suffice it for the Jury to know, that those were the author's opinions, and that he had a right to hbld them. As a free subject, he had ever held, and still held the same opinion, that he bad a right to enter . . RicnAnDson then stated to the Jury . this wis a Criminal inforniaticu, filed by his Majesty's hie'Attorney•Peneral against John Hunt and Leigh. Meet, 4.Ar g in # them With writing and phblishing a -libel in The Exauiiner, of Sudday, March 22, 1.812, with intent to traduce and vilify his royal Highness the Prinee of Wales, the kegent of the United King. .dom; and to bring him into hatred mid contempt.— The libel; as •et forth in the record, was a comment en some eulogiorn in the Allowing Post, and was con tained in the tollr - words : 4. What person, unac inclinations which his clients did not feel, as to the libel itself, some comments from him were ne cessary to make the Jury fully understand it ; for that full understaiiding of it could not be obtained from the few lines contained 1$ the record. He must not only comment on thine lines, but he must draw their attention to its content, and io those circuit). stancts which hnd Caused the wholi to be written, in order that the Jury might know the motives of the defendants ; for without such knowledge it ►yeas im ible them ko say whegittrthe matter was libel tale such opinions, and to enforce there with all the warmth with which he felt theme The subject was a great and important one; and el the emancipation of the Catholics," as it was called, had long been, looked for; and but for some scruples that existed in a quarter which they must all revere, it had been held out to the Catholics of Ireland it would have been granted to them. It was acquieked in to defrr the consummation of such an event ; and it was then strongly and intelligibly held out to them, that when an event should happen, which, however deeply they g _ _ ; iptinted with the true state of the cafe, woul - d ima gine, in reading these astounding eulogies, that this Tory 4 . Profile was the subject hf, millions of j and reproaches ! That this Protector s of the lous or not.. This it ivis his duty to,perfOrm. and he hoped he should be able to do it without offence. He stood there clothed and armed with the liberty of speech, as full as was enjoyed *in any other place.. The . . might deplore it, niust come, then would the Cntho lics have granted to them what they desired, as all scruples would be removed. Let the Jury then figurt to themselves a. people tints wound up to the-highest shrugs . ... lilt* hid Muted A wretched foreigner his hiStorical it liberty was still preserved to them full and en. lot .s in disparagement or in Ignorance of the tire—it had never yet been violated ; and he hoped meritt of his own eountryfrien ! That this Naranas that it Never, would be violated.so longas any wreck lib ii:e patronlieti not a single deSettring writer ! of otir Constitution shofild stand trembling on its - / . ..a.t this Breather of _Eloquence could not say a few base • but 'if it ever were to be,* he trusted that he decent extempore words—if we are to judge at least should never suffer it to be said that it bad been done frohi. Wha t b e sa id t o hit reg iment on its embarkation by him while contending for the freedom of others ! for Poktugal I That this Ctinfierfr # - Hearte was the He claimed no peculiar privilege from . the habit tiktappointer of hopes ! That thus Exciter of Desire which he wore. It was the laudable boast and the ibiavo, Kosienrs of The Post !), this Ado'fiif in /ate- manly deterMihation of all those who wore that habit, laws, was a corpulent gentleman of fifty ! In short, that they never would utter in. that place any thing - that this delighOrl, blizyul, wise, .pleasurane, honour-; Which they wouV be either afraid or ashamed to' k , , virtuous, tray, and immortal PRINCE, was a vie?- I repeat in their private capacity. By the saMe feel later of his word, a libertine; over head.and ears in ing he huts goierned this day.—The defendants were 74list and disgrace, a despiser of domettic ties, the i not before them for the first time, for articles which sc;rapanion of gamblers and demireps, A man who I hid appeared ih this same periodical work ; it bad ; *ail just closed half a century without one single ! been their lots to be Prosectited several times for con,' elhtin on the gratitude of his country or the respect ; icientionsit discharging, in their eitiniation, the d&! 4 posterity I" To this information the defendant! , ties of public jmireilists: The first tithe they were bad pleaded—Not Guilty. ! prosecuted by the Attorney:Ueneral, it was for speak- Sir W. Gaattow, the Solicitor-General, then rose. • ing freely oh a subject of great importance and of /t was his duty, by virtue of the office held by him, greater deliCacy; • it possible, than the case now he to prosccate the . libel which had just been read.— , tore them 1 and tot Mating, as the event provcd,,in- His Learned Friend (Mr. Richardson) had rightly ' nocent but justifiable remarks. It was for the notite informed the Jury that the information had been taken by the defendants, of the appointment of a -Sled by the late Attorney-General. The libel had Prince of the Royal Blood to the command of the been read in this stage of the business at his (Sir W. ' armies then and now under the Marquis of Welling- Cow's) request, for it was not usual to read it so ton. The second prosecution was for the language early ; and he had wished it from this feeling—to which , the defendants held on a subject of the greatest • put it to the Jury whether they did not conscien- possible delicacy, namely, the system of punishments. • tiously think, as honourable awl dispassionate men, in ilhe army; a subject on which it was scarcely yes- • ~. • • ... . .._ . i,•• • v .• , • • .. • • • 1. 1 . ; •1 , i ' .., . that it trite a Mott gust libels and•ivhethlr, as sildi, 'tibia tor a ut honest . and vinitti thinker to nap within virtue, behold those who ha k titeekthe eet•aefa •L it ought not to be prosecuted ? If such languag e th o se boonsis which cold prud enc e m i g ht prescr ib e . ; I mess for half a century, giving him op tti :that Worst were applied to any private individrial amongst those In &cuss* such a subject, ..the xlefendantir . were bane et Princes id Kinks:. flarery.s.and by flattery with ' t horn they were. a c qu a i nte d, wou ld t h e y not tre a di ng on a groun d t h at w as d e li cate aad,fine in sedocing thattreto vile. For the first time, he saw feel that it tended to reduce him, in the estimation the extreme; where they were not alope coming in them coVeritvg the Prince they had defamed, with of all his acquaintances, to the lowest scale of degra. contact' with ordinary individuals, but where th ey -the ridicule of their pra;3'. 64 I have proofs .in my dation ? If they did not think that such would be could scarcely avoid the construction that might have i hand," exclaimed the Learned Gentleman. the effect on a private individual, then he would beg been put upon their sentiments, of directly address- ' Lord Et.t.eNsottnuen ..iostantaneously interrupting !of them to consider it as no libel against the Prince ing the army—of telling them that they were tyr tn. '-hiro—cel•roeft, why do you talk of proofs ? What of Wales., If looking at it dispassionately, indepen- nib& over instead of being puni.hed. So near were pi-;•ols con you have r dent of :tny thing they might have heard without they upon the extreme of discussion, from the very ° Mr. BRobOtiasa-1- , 6 I will shew your LordshiL . : that Court, and no doubt they had h ear d muc h, as nature of th e stihject ) .. and so difficult was it of ma- I may have lave, that lam strictly within rumour had been very industrious on the occasion— nagement, that they could scarcely approach; and bounds allotted to me." • • • if, looking , at it dispassionately, they could say that not touch without thelegitimate bOundariesof inqUiry. Sir W. GARROW observed, that he out to have the libel had not such tendency, then ought he not Sir W. GAaeow was compelled ,to interrupt Mr. ° saved hs Lordship the trouble of interrupting Mr, to say one word further;. but as honest, honourable B. upon the ground of the irrelevancy of what be . Brougham, but the Learned Gentleman. could not, men he was size that they would think far otherwise was now urging. _ . __ ha' - • would ' ••-..m. said otherw Lord ELLENBOROUGH said, that Nr. B. certainly i Law and usage said _ . -:ise.. - 7 .' • • was irrelevant, and that he must shape his course Lord Ecitasonntooott -," Exctet I itio to recast differently. the jodicial character, and to rehould the forms of , . Mr. BROUGHAM certainly should . lIRVZ paid the ' proceeding, I cannot allow any thing hie proof to be greatest deference to his Lordship's admonition, even , offered in this case." had he not arrived at , a conclusion of the remarks ' Sir W. GAtittoik would here make his formal obs which he intended to offer in this part of his speech, jection to the mode of proceeding about to be adopted ! which, however, was the case. Hid he not been in- by the 'defendants' Counsel; and he did it on this terrupted, he might ,have xold the Jury that the pre- ground, the usages and strict rules of the Court, sent defendants had formerly been prosecuted for I which would not .hear of ftroof: being offered in .sup too warmly expressing their hopes of the Prince of port of a libel: : Supposing for au instant, persons 'Wales; when they were now prosecuted for too had been in the habit of defaming the Prince of Wales sliamly expressing the disappointment which the for half a century, would that affect the merits or failure to realize those hopes had given birth to in demands of the libel new under the consideration of tlier minds. Now as to the libel directly before them, the Jury ?—Certainly not. • as to the defendants' personal feelings, and as to their I Mr. BROUGHAM resuming, lamented that he bad wish to vilify and traduce his Royal Highness, on I not before been able to explain what had dropped their part, he disclaiMed the existence of every such from him respecting ig proofs ;" but' he had been feeling or wish, and it would be for him to shew that ' completely misunderstood—the Solicitbr-General had none'such could hive existed. The author of what i completely misconceived his meanin g . He would had been set forth in the re cor d as a lib e l, and he thew him (Sir W. G.) that he tens about to proceed I was here about to make the Ju r y acqua i n t e d w i t h technically, but possibly he had been somewhat too the Character of the author, that they might more , technioal in his phraseoltigq. The defendants were correctly judge of the motives with which he wrote ; accused of publishing a libel—they had quoted some the author was not a person who lived in the neigh- other publication„ and had made comments on the bourhood or within the view of the Court; he moved 1 quotation, and his "proofs", consisted of what' had in no _political circle, and did not even know one pub- I already been quoted, and of what had bl..en read by .. . . . •of - 'hese - _ - the (Add. .4 the Court. A._ _ were the 46 proofs" that he had been about to bring forward, and he apprehended he had a riga* to adduce such proof. Lord ELLiNDORO UGH.--.." Well, then, they are proofs that/tatted:on already produced, not that will be produced, if you mean to quote tho 4 parts of the context of the libel that have been *ad.". . - - Mr. Bnouchttra obseraed; that the libel, it would be seen, arose out of Other pUblications ; and he wished to tell the Jury what those other publica tions were. . Lord teurituouotto—le Oh *6—such can't be done," Mr. Booootrasi -•••• gr Well then, my Lord, I'll take my stand here, and will wait for . your Lordship's opinion, whether I am not entitled to read any other extracts eicept those immediately in proof, that is those extract's which have been read in Court, I have done so before ; I was not checked by your Lord; ship, and, therefore, I thought, that I was confining Myself within the usages qt the Court." , Lord Er.maonauoti dSserved, that it wai difficult at times to know how to check a Counsel with that delicacy which a Judge would wish to observe to. Wards him. 13 ut from favouring at-particular mos merits. and under particular circumstances, this ex. cess arose ; and it became absolutely necessary not only to watch but to check such etcegs, Mr. BROCOIIAM proceeded: Pis Lordship had, on a former occasion, allowed him, when pleading the cat*e of these same delendants, to read lout extracts from Sit Robert Wilson's pamphlet in par. ticular,,and no objection was then made ; and by therefore, had thought that he might pursue a similar course on the present occasion.—But, to pursue his main observations, in a former part of his speech, he had attempted to giie something like a character and a style to the praise and adulation that had been heaped On his Royal lithness by his former clefa. Mers ; but the Jury would say that his description fell far short of the truth when they heard one of th# series of poetry or rhymes, for he knew not how tat call the wretched doggerel) vered over his Royal Hip so ridiculous, that they an humbler individual _ _ Prince of Wales he was %. him. . Bin:itch doggerel's held in his hand would • such as the individua! any of - the Jury the! for them to have ahy as had been said of .the was about to tead formed expressions in the libel clients° indignation ; --wed in the libel. preserved . - - by the 1104a:ice of those leading words ,l bui - those words.wool4 do ice/ without their doggerel' dam: et it becanie hiiti to read thinii, to thew the .191;1'r thi clients', remarks did not bar those usis- The lines hunt ,11114111•••• - _ pith attired at:that point where there was no 10 - agepi chievoi4 italignittl'," akd libellous *Soren which hope or expectation, where, in fact, the wish was almost they had been persuaded characterised thern. . Eno within their grasp ; and then let them figure to them. ; Learned Gentleman then quoted some doggereil pelves what must be their feelings on finding the era rhymes; which dwelt on the patronage-bestaalted arrived—but the hope deferred, on finding the time . the Prince, styling him " the 'Macanas of the are . " of fulfilment come—but the fulfilment postponed.— —lt went on, u see hi: voice f 0 tweet," 44 he's &gm He would not pretend todescribd such a situation, and I land'S wonder and England's praise." Again, a thy the feelings it must occasion. But he did not stand graceful form is Such that fancy revels in delight."— there to blame those who might have advised the 'There was then something about Wool:, the ties** , Prince Regent not to gratify the Catholics of Ire- of Fame, and so on.] lie must beg pardon of the hind by accomplishing what they might have been Jury for disgusting them with such lines; but such lea to expect ; but he would put it to them as men, were the lines that the author had set himself down th for they must feel like men, whether such a disap- “ comment on. Thus it would be seen, that the author pointment, unless a miracle had worked in favour of ' bad not gone out of his way to treat lightly any etre the disappointed, could, evaporate and leave them alted personage, or to attack the character of any quiet and silent, submissive and content, under the officer of State; but his remaks had been called' tor increased despair. About this time a meeting was by the fulsome adulation of an nstagonist. Had eh* holden in London to celebrate the Anniversary of , author freely and uncalled for given vent to such sen- St. Patrick ; and the proceedingi of that meeting, ac- timents as welt now termed libellous, he ( Mr. Broil. ,:cording tb an account which had appeared in a daily ham) was not sure whether in that case be should *Paper; was noticed in the Examiner, the above ac- not have admitted the officious interference of the count being tproted by the author. At that meeting author, and that it looked very notch like malignancy there were certain expressions of disapprnbation, cer- on his pait. But such was not the fact, and he con tainlk neither decent nor justifiable. Of this occur- jured the Jury never to forget what had called forth pence, however, particular advantage had been taken, his clients' remarks. The amber had been spurred cat and, do.trd then appeared, for the first time, on the by those rhymes, nut fo' f the purpose of attacking die part of those who had been accustomed from the be- Cnurt, but with the ' , hew of sheering the public what ginning of the Prince's life to defame him, an incliA ,the gross adulation consisted of; rend under such cit.. nation to flatter him by the grossest and most ridi- cumstances, he would contend, that though she .culous adulation. Then, for the first time, did our choice and prudent expressions were not nso, author, who was almost a ronantic lover of publio that for one or two eaceptionable expressions the ab. • ggerell With which they had co.: kiiEhneSs. Those panegyrics were ey certainly would have affected ial; but it was fortunate for t 4 vas too exalted for them to read grrells and such panegyrics ask" kl sink any humbler individual- 7 ; al addressing the Jury, or ev :rnselves. It would ant be es% r such things said in their priiee the Regent. The lines that he r-rned a free tommentery of the libel which had called forth.hie indeed the leading words were • Ilrlt I* t L -1 1 1 1 t ry NI 1~. so of ' t te a to ea las 1.1 •:! _ p„