The Statesman. — London, England, 1818-08-15 00:00:00

~ : -_ LfBEL-711E PRESS. -. , millIN•••- [TROY THg CORE 1017111111111 REPORTSR I At/0. 8.) WHITE e. o'nntscocc. This Trial came on yesterday before Baron SMITH, and a most respectable Jury. ft was an action brought by the Plaintiff, Wm. p re sto° White, against the Proprietor of the Cork' Southern Reporter, for an alleged Libel, contained 1 i n ID a dvertisement, set forth in the name of Wm. ' Thompson, and published in that Paper on the 3d of o f February last. The Damages were laid at One Thousand Pounds, and the Defendant pleaded the Geoeral Issue. The trial lasted a considerable time, when the Jury found a Verdict for the Platattiff— lizpence Damages and Sixpence Costs. IVhile this case was pending, and before it had yet come to trial, we were restrained- by a perhaps overwrought feeling of delicacy, from putting the Public in possession of the facts, though we knew that muc h misrepresentation was afloat upo n t h e subject. But we had little apprehension of the decision of that tribunal before which we were shoot to go. But though we are secure in our own reso lution and consciousness, and in the spirit and integrity of our Fellow-citizens, it is no little thing, that in the discharge of a laborious public ditty— in the midst of a multiplicity of fatiguing and ha rassing avocations, we are to be called away to defend ourselves in a Court of Law, with great trouble and at great entente, from the attack of any peevish or vindictive individual, who might imagine in injury, or whose wounded vanity could 'find no liniment in our open and offered Columns, or any balsam except in the shape of money to be extracted from our pockets. If we happen, at any time, to fall into error—and where is the Establish. I nput. of equal magnitude, wholly free from such occasional visitatioos ?—we confess we do rely much upon the goodness of the Public, and of in dividuals, in extending towards us a generous for bearance, and a kind and considerate indulgence. We rely much upon that noble feeling which dig. Pikes the People of this Country—which makes the ' Press he considered as a thing sacred, something holy, to be revered even in its errors, end from which a man of high mind would patiently bear an injury, leaving to mean and creeping spirits the ye. num and the disgrace of vengeance. We have relied much upon this noble feeling, and the Public will re. • joice to learn, that in a career of some years, we have never been disappointed, until we encountered Ww. Preston While, Esq. _ In February last, a Gentleman of one of the most respectable families of this city, called at this office with an advertisement for insertion. It was received and inserter!. It is true that the adver. • tisemeut reflected strongly upon Mr. White, our Prosecutor in the action just tried ;' but those under whose inspection it came, were not lawyers enough to tell if it were libel—(few even of the profession could do so, and the Learned Judge who tried the case, said it was " barely" so) —and the point was not considered. Nothing was known of the allegations contained in it, 'and it was not the province of the office to judge of them. But as in the first instance it was not (perhaps errone ously) consideted right to refuse insertion to Mr. Thompson's paid fur advertisement ; so in the second, it would be equally unjust if werefused to Mr. White the manuscript, and the name of the author. slow could we set ourselves op to judge of Mr. Thompson's publication ? We did not.— Ilow could we refuse to Mr. White every facility of vindicating himself against the author? We offered every facility. We believe that the line we took, in this instance, was the same which is ondeviatingly pursued by the upright sod honest Press of the Em pire. But • the course pursued by our Prosecutor is Rs novel as the Icebergs which have recently visited our latitudes, and if encouraged, will have the same ' freezing elect upon public discussion anal right of enquiry. Wr. White, instead of bringing his action against Mr. Thompson, and disproving the facts, if untrue, attacked us, who •could not know whether they were true or false, and who were utterly unconcerned in the matter. This is a course which, though in strictness legal, is happily so rare as to be almost unknown. The Crown, which is a great and a very close prosecutor, never Jokes it. It looks only for the author ; and yet the Crown has, in all cases, more to do with the pub lisher than any individual can have. Why then has it happened that Mr. White's wrath has exceeded the awful displeasure of the Crow n ?—and stretching be yond the real culprit (if culprit there be), has pour ed out the phial of his indignation on our devoted heed? Mr. White has given the answer very dis tinctly to this obvious enquiry. It is that Mr. Thompson is a pauper! and therefore he sought to Leal the wound which his reputation and his feelings had received, by a pecuniary balsam to be . extracted from our pockets. Fortunately fur us, but still more fortunately for the Public, his ,applicatiou to the Jury to grant him this relief was not attended to, et least in the decree which he solicited it, having ask . ed for One Thousand Pounds, and only received Sixpence; and even that may not have been awarded to him, if the upright, eloquent, and able Judge who presided had not considered it to be hit duty to pronounce that the publication in question was so far libellous, that it merely came within legal limits. In our next Number we will give a full Report of the Trial, but we cannot defer inserting the Charge of the Learned Judge, as it will at once show the impression which this extraordinary action—extra ordinary from its being instituted against an innocent person—has created. The Plaintiff having closed hie case, and the Defendant having declined to call any Witness — Baron SMITH said, that the action was founded on an Advertisement—not an anonymous adver tisement, but one that ascertained at once the author, beginning with his name, and ending with his ad. dress—inserted in the common course and routine in a Public Paper, which had uniformly, for a num ber of years, been conducted by the Editor with great rOrteCtiteSs, and which had frequently con tainted paragraphs complimentary to the Plaintiff; a circumstance which negatived the idea of malice or personal ill will. The presumption was too, that the contents were unknown to the Defendant, who Would he likely to read the paragraphs, but not the adrertisements ) to which bis Paper gate admission. . Trit gTAITAMAN The action arose out of a poblicatiohi which, though 'libellous, was barely so, and hardly trans gressed the limits set by law. It was brought against the Publisher and sot against the Author. And this was not a matter of necessity, but of choice. For the Editor had at once offered to give op the author and the manuscript; thus not only directing the PlaintilT to the right quarter, but furnishing him with evidence to support his action, namely, the head er riling of the Author. It is said, that to vindicate his character is the object of the Plaintiff. Surety' this would . be best vindicated in an action against one who would have the means of justifying, if truth end law enabled him to do so; mid who, in failing to do so, would show that he was a calumniator. — But here the Plaintiff rejected this surrender, and the reason which he assigned was, that the author was no mark for damages or costs! This might be true; but what became of those generous effusions which his Counsel were instructed to indulge in ? The Plaintiff here seemed to recollect his pocket and forget his reputation. On the whole the Learned Judge said he felt him self obliged to direct the Jury to find for the Plaintiff, but they would probably be disposed to console themselves, under the necessity of following those directions, by awarding damages of very small amount. The Jury found a verdict for the Plaintiff—Sit. place Damages, and Sixpence Costs. Counsel for Plaintiff— Messrs. Goold, Sealy, Townsend, and Warren—Agents, Messrs. Pope and Resnard. Counsel for Defendant—Messrs. Pennefather, O'Connell, G. Bennett, and O'Driscoll—Agent, Mr. James By rue. • DRURY-LANE THEATRE. Sir A. PIGGOTT (as soon as some unimportant matters had been dismissed) rose for the purpose of moving to dissolve an Injunction, ordered upon • previous day, to restrain the five Defendants, Lord , Yarmouth, Mr. P. Moore, Mr. It. Wilson, Mr. It. Walpole, and M. Douglas, from opening Droty- Vine Theatre, and from making any eugogements With keyhtemers for that purpose. . 4 1 1 3 ii S. RostiLLY thought it right, before his Learn ed Friend proceeded, to notice a preliminary ob jection, sit. that only three of the Defendants bad put in an, answer to the Plaintiffs' bill. Sir A. Piccorr answered, thst it was notorious that Lord Yarmouth and Mr. Walpole had resigned heir situations as Members of the Sub,Gtmmittee; the former, however, had put in his iniswer !bib morning, and the latter was out of the jurisdiction of the Court. lie admitted that he was not furnish. ed with a copy of Lord Yarmouth's answer. If this objection had any weight, It would be obviated by to-morrow morning, so that nothing would be gain. ed by the delay. The LORD CHANCELLOR saidi that if Sir Samuel Romilly wished to see the answer of Lord Yarmouth, the application was certainly reasonable ; bat his Lordship certainly felt that it was of great importance that the question whether such a place as Drury. lane Theatre should or should not be closed, aught to he decided as early as possible, This was pro bably merely a matter of a day's delay. After a few more remarks upon this point of forth, I Sir S. Roan t.Lir waved his objection, adding, that he should take it that the answer of Lord Yarmouth was in substance the same as that of the other De. fendants. • ' • Sir A. PIGGOTT then proceeded with his motion to dissolve the Injunction. Ile 'observed, that the order of his Lordship (see our Paper of yesterday), that only one 'Counsel should be heard on each side, would certainly be a great dissppeintment and per haps iconsiderable injury to his Clients, the Sub- Committee of Drury-lane Theatre, against 'whom . this Injunction had been moved. Since that order had been moved, he had made it his business to read the bill and 'the single affidavit by which it was ac companied, made by Mr. G. Henry ItivAlls, who, it should seem, deposed on hit' own behalf and on that of seven other persons who, perhaps his Lordship was aware, composed a Select or Special Commttee of the Proprietors of Drury-lane Theatre, which Committee had taken upon themselves a great many extraordinary powers, and had done about as mans extraordinary acts: other persons were not joined in the suit, so that there were eight Plaintiffs and five De. fendants, who were all subscribers to an utlertek. log which had received the sanction of the Legisla ture, the subscribers having been erected rote a Cor poration : the patent of the subscriptions of " each of the parties was stated in the bill, one part of the prayer of which was, that an account might be taken of the debts due and owing from the said Theatre to performers and other persons. This of course meant lan account of debts as against the five Defendants ; • but his Lordship, if the notoriety of the thing were not so great, would, perhaps, he surprised to find ußder the two Acts of Parliament, one of 1810 and the other of 1814ohat a great number of persons were concerned as Proprietors, and had charges and demands upon that Theatre, which he was now re• quired to shot up. It was singular, too, that no po. sitive ground was heard for the interference of the Court, for Mr. Robins himself only ventured to swear that the keeping of it open might be injurious to the interests of the concerts ; " that if the De. fendants are allowed to re-open the Theatre and carry on thestrical performances in it, the Deponent and other Proprietors may sustain great loss and in. jury thereby." Most assuredly, if the Injunction were not dissolved, and the 'Theatre were closed, many individuals would actually sustain great irs jury in a pecuniary point of view, and yet his Lord ! ship was required to shut it up because the eight Plaintiffs might by possibility be damaged. As to the part of the prayer which required that accounts• should be taken, it was evident from the hill and the affidavit that there never was a case in which such a demand was made with less reason ; for the state ment of all the concerns of the Theatre was most complete and perfect, end the accounts were to be taken, not against the whole Corporation, but against four of the Proprietors ; and a demand was added, that his Lordship would direct a proper sum to be raised by mortgage ou sale of the property and elects of the establishment, for the purpose of dis charging its debts. By the Acts of Parliament the whole property (the patent, the building, the scenery, the wardrobe) was vested in the general body of Pro. prietors ; yet In this most tunable bill his Lordship was called upon to order accounts, the raisins money. by mortgage or sale, and to give directions for wind. ing op and adjusting all the concerns of the Theatre. After this, the purpose for which the bill was filed was declared, viz. that the five Defendants might restrained by Injunction from re-opening theTheatres," from entering into contracts with a Stage-managet s t and from engaging new Performers. Surely it never occurred before to the mind of man, that the best means of paying debts and obtaining money was to deprive persons of the only means by which it could be acquired. The Lord Chancellor was petitioned to close the door of the Theatre, that the Proprietors might grow rich upon the profits of the concern. Such a proposition was so absurd, that the absurdity was self-evident ; and, in the mean time, what was to become of the per formers—of the mice lent company of comedians ? They must, of necessity, be scattered not only over this, but over foreign countries—they would be. driven from Great Britain to America, or at least would be dispersed over the provinces to seek a live. lihood on country stages: and how were they again to be collected if the Theatre were at any time re. opened ? The whole establishment depended upon the unity and adherence of its parts, and the portion of the scheme of Mr. Robins and his friends was quite as wise and discreet as the rest. It was re quired that the present Sub-Committee should vote themselves unfit and incompetent; that they should inetantly resign, that others might immediately step into their places. So anomalous a proceeding was never heard of before. In the first place ; this was I' •;" note creditor's bill: the eight i'laintitrs scribers, and besides the litrge body or he: ••i the same situation, there were don) ,00t charges upon the concern to ri large gne.ent ; raritt , r4 upon the till houseosho had eonsen:ll to take I s.3d. instead of Qs. 6d. or 34. per night, anti w , tose claim was 37501. per annum ! the Subscribers had shares of 1001. each, dud a free Rdnti.. un attached to piety five shares, and this seas eitpreisly providetl iri the Acts. Where were these Renters,indepen- debt of all the other Proprietors? Had they been consulted before this bill was filed; to pat an end to she possibility of their receiving st chilling? Wlutt was to become of the intemberances ? —of the debt of 80,0001. ?.-of the bond creditors to the amount of 21,0001.1—0 f the tenants of pi; vote holes, who bad paid a ism of not lest than 53,0001? Ilad they been consulted before they were deprived of all benefit ? Iled they even been told that they bad advanced their money in vain, for the performances were to he discontinued, and the doors of the Theatre bailed up ? No; the eight Plain.; tiffs had taken upon themselves to proceed with.; out authority and without ipoltsgy. But; overlook ing for a moment the irritate rights which had been so disregarded, it was impossible in thel present form of the Acts that the Court should ititerfete. It was said, indeed, t hat the Sub• Committed was a mere pretence, that their nomination was in. valid ; but if so, if they had been iMproperly chosen, why was not a port of the onus of this case laid upon the Court of King's • Bench ? Why did not Mr. Robins and his friends, as in other cases of Cor porations, go there for informations in the nature of ltusi warranto against the five illegal Sub-Committee Teti? Instead of doing so, the Lord Chancellor was Callerl upon to declare judicially that their ap. pointments were invalid. The Act of 60 Geo. III: created the Proprietors a jnint.steck Company—d Corporation with a common seal, and all the other appendages, and gave them power to raise 800,0001. Ten persons were named in the Act es-a Committee, among whom were .Lord Kintitird, Mr. Cavendish Bredthaw, - M r. 11. C. Gooie, Mr. Wilants, and various others, with power to assnciate to themselves 11 additional Membera, and to change Wren every dear. It was remarkable, however, that these 'evert were not to be excluded by vote, but the Ql names were to be put into a boa, and the seven that came out' ilist were to retire; so that the most active and useful might be excluded, while Mr. A. B. a droning and incompeteut Member, might remain to burden. the operations of the Committee. It was !lowa found that this strange plan would not answer; and in the Act 52 Geo. 111. it was altered to exclusive by ballot, and it was provided that six should go wit annually, so that in shout three years the whole' Committee, called the General Committee, Mis,ht be changed ; and if Mr. Robins cod his friends thought that such or such individuals were objectionable, he had an opportunity of voting against their continuance in office. By the same Act, the General Committee of 21 were authorised to name a Sub-Committee of Monovalent of five, to continue for three monde' after the end of every season. This Sub-Oortimittee was, however, removable by the General Committee, and the General Committee by the body of Proprie. tors at large. It was obvious, therefore, that three months after the end of the season the Sub-Commita tee was removable, and if Mr. Robins could per. suede the Proprietors to be of his opinion by October next, he might displace all the five Defendants who appeared to him so obnoxious ; and he might, per* halts, procure himself to be voted to this post of ho nour, which had been filled by Noblemen and Gene tlemen. It was said that the Theatre had been mite managed : perhaps so ; hut not by the Members of the present Sub-Committee; for it was clear that last year its affairs had been better conducted than in any previous years : but beside. she c... ar e an d Sub-Committee, by the Act of 1812, three Tread. tees were appointed, who were not removable, tin+ less they ceased to possess five shares of one hundred pounds each ; and here was another anomaly ; for the quilificatiote for the General Committee was only three shares, and for the Sub-Committee five shares; and the Sub-Committee was to be chosen out of the • General Committee, so that it Might happen that there were not on the General Committee, Members enough, with five shares each, to form the Sub- Committee, and then the Theatre must of course go unmanaged. The Duke of Devonshire was one of the trustees, and Mr. P. Moore and Mr. Douglas the two others; mod the Statute indemnified them against any acts bat their own. Yet these arcounts now prayed were to be taken against them, and they had not been made Defendants, nor had any notice beets given to them. The bill was defectiie in many parts, but especially in this—that while it stated a debt of 80,0001., and suggested the payment of it by sale or mortgage of some part of the Theatre, it did trot give the least hint as to what it 'would be fit to sell or mortgage. Did they mean, that some of the fruit. stalls or small private tenements were to be sold for the payment of 80,0001.? or that, though the value of the establishment consisted in its totality, one - part of it wits in be separated from the rest, for the purpose of making the whole useless? Nett, it was asserted, that - the capital was exhausted; but the ca. pital of tomb a concern consisted of the building, the scenery, the wardrobe, upon which the greater pare of the 300,0001. sat horised by Parliament had been expended; this was net exhausted, nor would it be, unless the Plaintiffs induced some of the creditors to step in and ruin the whole Theatre, by stripping it of what was most valuable. Something had beets said about the patent; but what authority had these eight Gentlemen to say, that the Theatre should be closed, and the Public deprived of the amuse. meet it would otherwise receive? If Drury-lens were closed, what answer could be. made to any persona who might claim from the Crown a new patent ? What Could be said to the numerous enter. prising theatrical epeculetors, who were erecting houses in thit vicinity of the metropolis to rival, as for as possible, the two Anvil Theatres? These con sequences seemed to have been not at all attended to by the short-sighted Gentlemen with whom this applicetiou originated. Looking et the allegations in -the bill, it was in the brat place. to be remarked, that the establishment was not like 'canal in 'course of being made, and for the completion of which ad.. ditionel sums are necessary; but the Theatre was the epe o i ! l i s t i s o b n o o m i f s a l ; dcorammpale.te had c i ‘ t m s ra pt e r a t c s jail% NAVAL INTELLIGENCE. DEAL, AUGUST 14.—Came down from the River last evening and sailed, the Tontine, Turley, fur Philadelphia.—Also sailed the Symmetry, Jay, fur Genoa, &c.; Cambrian, Browirrigg, for the Cape of Good llope ; Rose, Henderson, for Columbia River; and Hope, Perry, for Chester. The three latter passed through the Downs this afternoon.—Sailed the Royal Sovereign yacht for Dover Roads. PORTSMOUTH ) AUGUST 14.—Sailed his Majesty's ship Rosario on a cruize . ; Columbine, Wilson, for London ; and Riga, Forster, for Riga. PADSTOW, AuG. l4.—The Vine, E-sery, of and for Swansea from roam, was brought in here in distress, basing carried away her fore and main-top masts in a gale of wind, at five P.M. CORK, AUG. B.—Sailed the Tyne, Bell, and the Earl St. Vincent, Simpson, with convicts, for New South Wales. SHEERNESS' AnausT 14 —The prig Ceres, from London to Pernambuco, has pot into this port with the loss of her mairt.top.mast. HULL ' AUG. 13.—Arrived the Ajax, Stevenson, from Greenland, with ten fish, 115 butts • GRAVESEND ' AUGUST 14.—Arrived the William, Erriogton, from Gottenburgh ; Sceptre, Ord, from Archangel ; Hoop, Smith, from Ostend ; Friendship, -Visser, from Worcsm; Ceres, Rinks, from Gibral tar; Deborah, Be,i from Christiana; and two or three more.—Sailed the intrinsic, Taylor, for Hour-derma ; Davies, Harrison, for Rlsinear ; Barbadoe4 Packet, Balaton, for ditto ; elicity. Timothy, for Vigo. "UNLOVED VALVE OF PROPERTY. —On Wednes-1 day last was let by auction, fur 31 years, at annual rents, the Elephant and Castle Public-house, New ington Botts, the Chapel, and Dwelling-house, and sundry messonges and tenements immediately ad joining. The total rental, for the last 21 years, has been 1001. per annum. The Estate produced on Wednesday a total annual rental of 6231., subject to the several takers expeuding in improvements nu less a sum than 1,7501. DREADFUL CATASTRONIE.—On Saturday, as three boys were playing in a field near Bennington, Ilerts, where some coos were feeding, one of them, about 16 years of age, proposed to tie one of thel others to a cow's tail, which, with the assistance of his remaining companion, he unfortunately accom plished. ■nd, horrid to relate, the poor boy soon fell a victim to the barbarous whim of his associates, for the enraged animal dragged him up and down the field at full speed, plunging in all directions, and be fore he could be extricated from his perilous situa tion, life was totally extinct. ATTEMPTED SUICIDE.—At an early hour on Thurs day morning, as three Gentlemen, inhabitants of Islington, were passing the New River Head, their attention was arrested by a noise in the water ; on going to the spot they perceived a fem. , e struggling on the surface, as if she had been kept Genet by her clothes; they immediately got her out, and carried her to the Blue Coat Boy, Goswell-street-road, where prompt assistance was rendered...On recovery, she fell into a Rood of tears, and after some time re. hated where her mother lived ; that her father was deed, and she was kept at service: that she was'now but 16 years old, and that her mistress used her with great cruelty, but still her mother would not permit her to leave her place. On the preceding night ' she went to Sadler's Wells, and stayed out too late ' to go home ; that she had wandered about the fields till at length she formed the dreadful resolution of self-destruction.—She was sent home to her mother's residence. Thursday night, about half-past ten o'clock, Wil liam Rhoades, Esq. of Fulham, crossing Fulham fields, was met by a single footpad, who, presenting a pistol, robbed him of his ;noney and watch. It is mentioned in a French Paper, that a sow, in the commune of Montmedy, recently brought forth a monstrous kind of animal, with the head of a bear, the ears of a rol l and the body of an ape, but without a tail. It only lived eight hours. Bow-vraorr.—Friday being the day appointed for the ex amination of Lord Ranelagh and his five servants, some inteie t was excited in a number of persons to hear the investigation, the charge being of an extraordina - y nature, against a Noble Peer and five or his servants. acting tinder his direction, ftrmed with a double-barrelled gnn, n piich.fork, and Indian clubs. for i.seaulting, detaining for half an hour, and obiaini-g seven shillin.s for the re ease of Mr. Wallace Mill, a Gentleman in she La's, Mr. Le Gall, and two other Gentiemen, at the time they had t ken shelter fr •rn a Tinted' storm a short time since, under a tree at the bark of Lord Itanelagh's grounds at Ful ham. After waiting till two o'clock, his Lordship not appear ing, the Gentlemen left the Office. slating, that they should in dim his Lordship for the smolt, and obtaining she hil lines, at the ensuing Middlesex Sessons ; and as to the false imprisonment, they should proceed by action. ~_~ 441, .? ••• -`" - LAW IN7'EbLIGENi,E. COURT OF CHANCERY, Avo. 14. --, I I. ' , ITT - r•`77'W • I • ' . of , I . - -N f .~ A i. RJ