The British Press; or, Morning Literary Advertiser. — London, England, 1803-03-24 00:00:00

oit.4roßlo. eottrer.otantrt. the vocal corps already very strong, as compriz lag Vl.aars. Incledou anti Braham, Miss Parke and Mi.s IvrOnday, alai last night reinforced by Mrs. Billington. Thu! commanding combination of ta lent attracted one of the most elegant and crowded atulieneet we have eveteheen at this species of enter taitutent. Mit. Balington was in fine voice, and wit reocived with enthusiastic applause.-4 , Her tol ls& tired," displayed her astonishing powers in the Arannira style to great advantage. It was encored, as was Mr. Braharn's " Softly 'wed in Lydian area auree," and Mr. Ificledon's .4 Come rf you dare." We have never observed the feelings of an audience so strongly excited, or so great an impression nude at Any entertainment of this class. FASHION. LADY SALTOUNI BALL. This Lady, so universally admired in the fa shionable world, gave, on Tuesday night last, a Most elegant Ball and Supper to above three hun dred and fifty of the first rank and fashion in the Metropolis, at her house in Ilertford-street, May- Fasr. The Ball-room, in front, was elegantly lighted up, with side-lustres and chandeliers; the drawing loom, in the rear, contained tables for forty, ele gantly ornamented with frames with various de vices, medaliont, trophies, &c. &c. The front and back patlouts, containing five tables for seventy, *ere also elegantly ornamented with various frames, tepresenting a pavilion, with trees, flowers, foun tains, medaliont, warlike trophies, &c. At eleven o'clock the dances commenced with Sir David Haider Blair ; the Ball was prned by Lord SAtTotni and the ROM Mks K twirmi D. At two o'clock the middle drawing-room was covered with tables for fifty, and the company, to the amount of two hundred, sat down to supper. At three, the dances resumed, and continued till seven, when, with reluaasce, the company de. Fatted. Among the fashionable visitors, we noticed the following, Viz. Prlnec of Wales, Pfinee of Condi. Atomise of Waterford. Tad of Limerick. Vacuum Fitaharris. eoudt Polignac. Lerds-.Vukr . If. Petty. A. Hamilton, Ma.xleinaW, G. kradley, G. L. Gower, and Borringdon. airs-A. Clarke, R. Buxton, R. Thornton, W. Call, D. 6enegie, A. Gordon, M. W. Ridley. Admiral Young. Governor Bentiiick. Crecrels-4scoigne, Craig. Colearto-Robinsou, Murray, Arrowroot. Ceptaisw-.Dalrymple, Otto, Woodford, Callow, Drum- Resod. lion. Mr. W. and J. (*.onion.' Mears -Trotter , W. Fraser, Bailey, Sullivan, J. Cassatna joe, R. Thome, Tlionspion, Garthaliore, Campbell , Stio:; , art, Law, Eakin, Freeman, Clare ' M'Donnell, Murray, Banker, billow, Adams, Midland, Spalding, Gosling, Lush ington, Call, Sankt, Fleming, Long, Gordon, Andrews, G. Herbert, Mow, Churchill, Ridley, Murray, Latouche, Upton,Willtams. Dottiest of Athol. Cutiodissarßoulies, Aberdeen, Limerick, Cardigin. Laoiles..sOttl, Ross, Irvington, Auckland, H. Townshend, Call, Yostng, A. Murray, A. Ilsshwmod, M. Corry, H. Sulk. yak Handers, Smith Burgess, Dowager De Clifford, F. So• talent, J. Diandae, Emmersley, Brownlee, F. Erode", Kin stoint, M. Hornio. bfatersses•-•Nugent, Caldwell, Rose, C. Trottet, Balfour, Plaokenair, Sullivan, Robinson, Thompson, Campbell, Garth sure, Flint, Wycombe, Cornwallis, Milner Butler, ::::: •11, Elliot Banker , Robinson, Gosling, Lushington, k, Gibbs, iowman, Harcourt, Fitaherbert, Macdonald. Nielow.Wright, W. Epley, Gray, Trotter, Balfour, Sul- Bean, Eden, Elleker, M'Clnud, Campbell, Call, Hays, talbot, Thoospoiae, Buxton, Tbourlough, Ormby, Law, dot, lbw Toweibends, Ra l lies, Miner, Byng, Johastooe, obinsao, Dalrymple, Gibbs, Bowman ' Rose, Stuart, Wortley, Essonly, Brownlow, Haggerston, and Kinnaird. Yesterday morning. soon after nine o'clock, his 1 4 11•Jyrry and the Dtikeof CUMBER LAsto, attended General Mitosis's, left Buckingham-house for Mew, where his Msusr v inspected the new house Arhich is building. and walked a considerable time. 148 returned to town at two o'clock. About half-past one her MAJ MT and the Prin cess Maar. atunsded by Lady CeAsicsv, wok an tiring in the neighbourhood of Parson'slreen. In the evening their MAJtsiltil and the nunctuts ?honoured the Concert of Ancient Music with their Presence. Lord Rt !astute is expe4ed in town this week, from Dublin, to attend his parliamentary duty. Marsois of Haatroax gave a grand dinner yesterday at his house in Stanhope -street, May-fair ; among the company present were, Earl of BASItY.• Moak Lord BLAYNLY, Lord Ms, ItEws i Colonel 3 0 4.Gosssav, Colonel VIIIIIIZR, Meskrs. BUTLEII, PAULA/4214 DtLLOY, LaroucHt, IScrti.a, jun. 2111Ab$11AW, &MAY, &C. &C. &c. Or Sunday nest the second Ladies Subscription Concert, this season, will take place at Mrs. Firs kraal Rl' s honse,iaTilney-street; Madame BOLLA, ,Signora Itortotrio, Vicariorir, &c. will exert their vocal powers upon the occasion. Sir H. MILDMAY, and Lord Kir:mitten, are among the last arrivals in town, Loa BOY LS sets off in a few days from his house, in Baker -street, for Ireland. The Marchioness of A szscoares rout in Grove itofoiltiare, Countess of Police ESTE a's, same place, Ind Lady CAMP trt. es, in Wimpole.street, were last !light very numerously attended. Ftrzuzaasaa's rout this evening will be timed by stlo persons of the first rank and fashion. Mt. Gattswoob purchased, last week, two capital mansions it. Stanhope-street, May-fair, one the lase Colonel the other General Ho. visa ties. Countess of Srarteti was truch better last night, bat it not yet declared out of danger. The Earl of Liveiteoot was yesterday declared *tit of danger. Colonel ltftwat Wooer, M. P. for Catton, left town for that Borough cis Monday last, for a few days. Lord Wa Lsotou are gives a grand dinner on Sun day.isest ; the Cabinet Ministers are invited. Vitcount Ilia.ser.v left town on Tuesday for Englefield-greern, *here he will remain for a few The Countess of Aseseette, Lady S. Hoa vow, and the Hon. WM. GORDON, have taken up their fesidence, for the season, in the Duchess of Gos port's late house in Piccadilly. telebtated Poet Kr i estoce, the atithot of the Afruisi, died at Hambargh on the 14tb instant, in the 79th year of his age. . ,~ 714sw:': • NORFOLK ASSIZES! THE L FORD, Ntmica Before Sir Nssel Cause and a Stscut JUR?. AiTLEY, RAIL, V. HARWOOD, ESq.. DEFAN NTION. Mr. M'ltsrosmopened the pleadings :—He said, this was an anion brought by Sir Jacob Astley, Bart. against W. D. Harwood, Esq. and the decla ration stated, that a short time before the speaking and publishing the false and scandalous words therein contained, the Plaintiff had served in a for mer Parliament, as Knight of the Shire for the county of Norfolk, and at that time was a candi date for a seat, as such Knight of the Shire, in the present Parliament ; that the Defendant, well know ing the premises, but contriving to injure the Plain tiff in the esteem of the freeholder*, and to cause ;:nd procure him to he looked upon as a man of no inte grity, and as an assassin, and a murderer, did, on the tith day of July last, publicly state, that the said Sir Jacob Astley was a liar, an assassin, a coward, a scoundrA, and a murderer, and that he had murdered his own father—to the damage of the Plaintiff of 10,0001.—The Defendant had plead ed Not Guilty, and upon that Issue was joined. Mr."Easeisit Gentlemen of the Jury, I have the honour to attend as Counsel, at the desire of Sir Jacob Astley, Bart. by your favour and indulgence one of the Representatives of this County. I attend to submit to your judgment and consideration an attack made on his honour and charader—an injury at all times, and under any circumstances, most grievous, hut heightened greatly in the opinion and feeling of the Gentleman who applies for your ver did, inasmuch as this attack was made in the pub lic face of the world, and at a time when he was not present to enter on a vindication of himself. Above all, at a period when he was soliciting the suffrages of his fellow-subjeCts to represent them in the Great Council of the kingdom—a trust which, permit me to say, nothing short of the most unsullied integrity ought to ask or receive from the judgment, wisdom, or favour of the people of any part of the empire. The circumstances which go to the constitution of this tense, are so perfectly notorious, that there is not a man, if my voice was loud enough to extend to the limits of the County, who would not be perfectly ac quainted with them—con seq uently all the observations and reflections which I shall have to address to you, must have occurred to every person present ; and it is for this reason, I feel myself under no small de gree of embarrassment in performing the duty which is required of me. Gentlemen, notwithstanding the hot debates which have taken place at various peri ods in this land, on the subjeCk of the liberty of vot ing and speaking, with reference to public characters, and subjeds of a public nature, yet as regarding private slander, nothing has ever been brought into question. Lawyers, moralists, and all classes of mankind, have uniformly been agreed.—The reason is plain ; there is an invincible sensibility in the mind of every human being, for the good opinion of his fellow-creature : it is a principle im planted in the breast of every individual, for the most beneficial purposes ; it fits him for social life : it so strongly pervades every department of life, that there is no person, whatever may be his rank, birth, situation, talents, or qoalification, who is not actuated by it. It is the principle which, operating on the human breast, is the parent of every social duty, and awakens every sentiment that is great and good. If I were to ask you what, at the late awful and critical period of the country, has stimulated oar brave countrymen to deeds of splendid and glo rious atchicvernent ? What is it, when the shrill spirit stirring trumpet sounds to battle, urges man against man, army against army, and navy against navy ? What is it has made British valour triumphant in every part of the world ? What is it but that princi ple, the effefts of which I have stated. Do you think a man sits down to moralize upon the duty he shall perform to his country, by assisting in a well-fought battle ?—No: he considers only how, when he re turns to his native home, he shall be received by his friends, and how his name will be resounded from mouth to mouth; and the fame he shall have ac quired, and the glory he shall have atchieved, be celebrated among those of whose esteem and good 4101i03 he is most anxious. If we look back to for mer times, we may find the truth of what I am stat ing exemplified, in the conduct of the Christian mar tyrs. When they felt the flames that were on the point of consnming them, it was not only the reward of an heavenly crown they anticipated, but they looked forward to the applause and admiration of after ages. In short, the love of reputation, and the d 'sire of a good name, is the foundation of all pub lic and private worth; and it is therefore that the law of this country, ever attentive to the best inte rests of Society, gives an nation to a man who re ceives a reproach from another, of that which if true may subjed him to punishment. It does this that Society may live in peace and tranquillity ; for it is in vain a man is in the enjoyment of riches and the luxuries cf life, if in consequence of his diameter be ing destroyed he cannot look his neighbour in the face. Tnese are the principles which must govern this cause—The fads I ought rather to refer, to than state—they are Familiar to every one of you. With these prelim na7 observations I will, however, now proceed to state the tads :—The Plaintiff and the Defendant had b 'en companions and friends for 25 years—They livel together during the remoter part of that period in habits of friendship, which are or ought to be h ,bits of confidence. There is no con sanguinity hal!' so endeared, as the spontaneous con sanguinity of friendship ! A man feels himself not in one of the t mmon situations of life when he is with his friend, he feels he is with his brother. I do not speak of any obligations which the Defendant received from th: Plaintiff. He was not, I admit, in a situation to require them ; but he received his hos pitality, and every favour urged by friendship, which ought to have made an impression on his mind.— You know that Sir Jacob Astley represented the County in former Parliaments, upon the advance.. ment to the House of Peers of the worthy and hon. Gentleman whom he succeeded. You know too, that Sir Edw. Astley, the father of the present Plain tiff, recently died, and that previous to his death he had, in consequence of elpences he was led into, fre quently been undzr difficulties, but at no time had those oitEcuitits produced any thing dishonourable-on his part.—Vs hen the eletioss was proclaimed, and the Plaintiff was seekirg the suffrage of his countrymen, allow me to ask this question. What is the situa tion of any man at such a period, in such a country as Great brita D? You do not meet like the people of Switxerland, to chose 3 LandaMillath who de- Orr - mauls your sufrages whit the sword ilk his hand I ' you chuse the man, whom you conceive competent to legislate fur you, to prote& you ; you chuse not because he is forced upon you, but because you approve of him. lam addressing you as men who, as freeholders, occupy situations such as are filled by no race of men under the canopy of Heaven, except tale inhabitants of the United States of Ame rica. It'*as at this particular moment, when, as I have stated to you, the Plaintiff was soliciting the suffrage of the freeholders, the Defendant, who was at a ball at Norwich, elevated himself, as on a ros trum—called aloud for silence; and having obtained it, applied these epithets to the Gentleman I re present. Speaking of Sir Jacob Astley, who was not then in the room, he used these words :.—• 44 He is a liar, a coward, an assassin, a scoundrel, and a mur derer ; and he murdared his own father !" I ask you what any man must have felt under these cir cumstances ? From whom did this slander proceed ? Had it come from some man who was a Mounte bank, or in a low situation of life—lf such a one had said Sir Jacob Astley was a liar, he would have been kicked out of the room ; he would have been considered as a man who could have had no acquaintance with him or his family : but, on the contrary, every one who saw Colonel Harwood in that situation in whicl) (I am sorry to say) he ever was placed—a man who was bred in the family and acquainted with all that confidence could com municate ; who had lived under the roof of Sir Ed ward Astley to the moment of his death ' • who was acquainted with all the transaftions of that Hon. House : every one, I say, who saw and heard him, must have concluded, that there was some founda tion for such an assertion. What must have been the feelings of my Hon. Client, when these things were reported to him ? I think he must have felt that sentiment, so beautifully expressed in the Di vine Poetry of the sacred Psalmist is not an open enemy that bath done me this dis honour, for then I could have Dorm it. " Neither was it mine adversary that did magnify himself against me, for then peradventure I wuuld have hid myself from him. " But it was even thou my companion, my guide, mine own familiar friend." The first question I would ask, (and I humbly im plore the attention of the honourable and learned Judge to it) is, Are these words such as must have been noticed in one way or another ? I repeat these words with as much emphasis as I am able—Must they have been noticed in ear way er another my learned friend's prudence permit him to say that the words used by the Defendant, instead of being tried in a Court of Justice, should have had a tr ial in another Court, a Court of Honour. This is a tribunal the law will not hear of. What if a man accuses me of murder, am I to become his murder er, or he mine ? I thank God there has been on this subjeEt a considerable alteration in the public opi nion—lt is owing to the noble Lord who so long administered the justice of the country—l mean the late Lord Kenyon, that we are to attribute a disuse of the praElice charaderistic only of the most bar barous people. Since that noble Lord's time, Offi cers whom I could mention—Officers -who have been carrying the fame of the British army to the remot est corners of the earth—Officers who have placed _ _ in the shade the atehievements of former periods, have come to the Court of King's Bench, appealed for protation to the law, and reserved their cou rage for that cause in which the exertion of cou rage becomes a moral and religious duty. The law has said, that the first person who shall meet and destroy his adversary in the field of honour, falsely so called, shall expiate his offence with his life. But what is it induces a man to rush into the field and stain his soul with his bro ther's blood ? It is reputation—fame--a sense of public opinion. There is no danger a man would not brave, rather than that the hand of scorn should point its slow and moving finger at him ; there is no manknows what the dread of public opinion may drive him to ; and a man will be justified in taking the law into his own hands, when it will not afford him its proteaion. This observation is as old as the Re volution ; for whoever will look into the Reports of Lord Raymond, who lived about that time, will find that it was said by the Lord Chief Justice 11014 when an attempt was made to explain away words, and give small damages, gg I am" (said he) “ always, for supportingadions for words; forl remember a saying of Mr. Justice Twisden, who was present when judg ment was arrested for words, and the Plaintiff ex claimed, if I had thought this, I would have had his blood !" Such was the opinion produced on the mind of that able Judge by the circumstance I have mentioned, and thertfore it does appear to me, that this is a case of a similar description. But you have a further duty to perform—rtiat duty is - to hear both sides of the case with impartiality.—l know there are topics of defence which will occur to an ingenious man, and which my Learned Friend, in the pressure of the case, will not fail to have recourse to—l shall therefore, as I may have no opportunity of a reply, endeavour to anti. cipate the arguments he will probably address to you. The Learned Counsel supposed that the first topic urged by the Advocate for the Defendant, would be drawn from the circum stance, that the charader of the Plaintiff had not been injured by the aspersion of the Defendant. It might also be said, that the slander was uttered in the evening, at a Ball, and at a time and place, when persons throw aside those restraints they carry about them during the hours of busi, ness. It might also be inferred, that the Defendant had offered an apology to the Plaintiff. Having stated these supposed topic, of defence, and replied to them at considerable length, he concluded by saying, " I have to apologise for the time I have occupied. I am aware that a great part of what I have said may be . unnecessary ; but I am not conscious that I have laid down any principle which it will not do you honour to adopt.— You will have the verdietto pronounce—my province is over. I have made such observations, in the hearing of the Judge, the Jory, and the Country, as I have thought necessary. if you should give small damages, I shall lament deeply, that Sir Jacob Astley ever brought this attion ; I shall lament, that in endeavouring to vindicate his repu tation, he has lost it ; I shaillament that you should say to him, Go any where else for redress, for we will not give it you ; I shall be sorry, for the sake of the country. It is an awful trust, which, as Jurymen, you have reposed in you. I cncerelt lope you will preserve ito by discharging from your minds all passions and prejudices—ail pulitcal and private considerations, and by dismissing from your remembrance every thing you may heard span the subject. 77r'V". n t i:m , • The death it Sir Edward Astley was proved by the register of his burial. Lieutenant-General Murray stated, that he was at the ball at Norwich, on Tuesday the IGth of Joly. In the evening, when the company were beginning to withdraw, the Defendant mounted the tea-table, in the corner of the room, and addressed the com , pany. The witness proved the Defendant's having used the words mentioned in Mr. Erskine's speech. Mr. GURN Y.—" Gentlemen, I have the honour to attend you on the part of Colonel Harwood, who it called on by Sir Jacob Miley, to render to him a compensation in damages for having, as he asserts, maliciously defamed his charader : and, Gentle men, I am not at all surprised that my learned friend, Mr. Erskine, should have treated this case, not in words expressly, perhaps, but in the manner he addressed you, as if it had been one of great im portance. I confess that to me it seems to be a ca,e of as little importance as any one can well be. To me it appears to have no other importance whatever than what it derives from the talents of my learned Friend ; talents which can confer importance on the . most trivial subject, and can make great things small, and small things great. Not that I think the character of Sir Jacob Astley, or any other Gentle man, a matter of small importance. There is no person who thinks more of the value of character than I do, but it behoves every man to consider well before he comes into a Court of Justice, whether his character has sustained any injury, and whether cir cumstances may not have occurred subseqaent to the surosed injury, which make his appearing in a Court of Justice as a Plaintiff' the most improper, as well as the most dishonourable step he could take. It would have well become Sir Jacob Astley to have considered these matters ; and I am persuad ed if he had done so, without his Attorney at his el bow, he would not have come forward with this action ; a circumstance he must in my opinion re gret as lung as he lives. My learned Friend, Mr. Erskine, has said, that the law . gives an action to every man against whom a crime is unjustly im puted : I wish he had referred his mind to a case in which one of the ablest lawyers, Chief Justice de Grey, laid it down, that the words must impute a charge, not merely affeding the maral character of the party, but which, if true, would subject him to punishment ; otherwise they are not actionable : Therefore it is, that the declaration on the face of it, states that these words were uttered with intent to have it believed the Plaintiff, Sir Jacob Astley, had been guilty of the crime of murder—the horrible crime of murdering his own father. It appears to me to be worthy of your consideration in what sense these words were meant to be understood. I might call witnesses, and as them in what sense they un derstood the words. My learned Friend had many witnesses to prove the words ; but when he found. from the course of my cross-examination, that it might become a question in what sense the words were uttered, he stopped short in examining them. The reasonhe did notexamine any more was, because he was sensible there was not an individual present who understood them in the sense imputed to them by the declaration. How often do we in popular language use words, which, taken abstratledly, impute crime, but are of perfedly innocent interpretation when properly explained. An its. stance of the kind very lately occurred with regard to a Learned Friend of mine. I happened to ask him what he thought of a certain Clergyman, who was a man no less remarkable for his piety than his learning. My friend, after describing his emi nent qualities, added, " but, after all, he is a great pickpocket." Could any words be more des famatory than these were ? Yet when they were explained, they rather conveyed a compliment. He said, " I went to hear him preach a charity sermon, and his sermon was so persuasive, that I did not bring away a single shilling." Had my friend stop. ped, and not been allowed to have entered into the explanation, he might have been called upon to have made compensation for imputing to a respectable Clergyman that he was a pickpocket,. Other cases might be imagined. Suppose a man were to de bauch an innocent female, and by desertion and cruelty break her heart. If it was to be said he had robbed her, or that he had murdered her, would any one conceive that such a robber, or murderer was meant, as could be the foundation of a crimi nal prosecution ? It consequently would not be that species of defamation which could be the subjea of an action. I ask whether there is one man to be found who understood the charge of murder made by the Defendant in the legal acceptation of the word ? 1 admit the words were uttered, but at the very moment when the Defendant was on the point of explaining them, he was pulled down. Had these words been uttered respeding the death of any mart whose death was suspicious, there might have been some room to have attributed slander to them, but it appears, and it is a fa& well known, that he died at the advanced age of seventy-two, and that his death was the consequence of a slew and gra dual decay of nature ; but why has not my learn ed friend shown the manner in which he died! It is extraordinary, that having the power of calling as many of the domestics of the family of the late Sir Edward Astley as he pleased, he should have rested the evidence of his death on the mere produdion of the certificate of his bu rial ; the reason evidently was, he did not wish to spew that he died a natural death, or that the cir cumstances of it were above suspicion. But there is something else most important for your con sideration. I will suppose that the words have 'been uttered in the sense charged in the de claration ; and even in that case, I will shew you, that this Cause ought never to have come here. I will prove to you that it has been brought to trial in breach of faith, and that a reconcilation was effected between the parties—a reconciliation which of course ought to be a bar to the anion. It has been proved to you, that these words were used at an assembly the week preceding the elec. , tion ; after which, Colonel Harwood, who had been in town, came down and voted for Mr. Coke and Mr. Woodhouse, and appeared on the bust. ings as the friend of Mr. Woodhouse. I will shew you, that a Mr. Dinmore, and a Mr. Gardener, and '. another gentleman, went to the Plaintiff, and t oe. posed themselves as mediators between the Pendant and the Plaintiff. The Plaintiff stated. th he knew not exadly what the words were. Dinmore gave him the words, and observed, that Defendant, when he spoke them was in liquor. Upon - which the Plaintiff replied, a I freeiy forgive him, lam sure he is my friend." Upon - bring informed he had voted against him at the elution, he sad, " That is no matter, I shall be happy to meet bun and forget what !lulu:soli" and he 4404 " - - 0111 t. 1 " ibi, - -, f