The British Press; or, Morning Literary Advertiser. — London, England, 1808-07-26 00:00:00

LAW DiTELL Yr; t: NC E. C 'WU ULNCH, OuiLTIALL, JULY 123 .;iitings at Nisi Prima lajore Lord CALf JaArtice EL LENBOROUGU. .urd a Special slitry. LIBERTY tr! THE -PRES4 Sir Jon* CARR. Kulalst, v. nit;4;;; . ;elsnaarr. 4 Mr. GAaaow stated this was an action for da mages. The Plaintiff was a Gentleman who had been on inter led for a narrater, but n.l to - count of ill herdic(' was advised by his physicians to travel. He did, Mid thought proper tom eke hi, travels useful, by taking notes of ivttlikver he saw rensakable, and afterwards publishing them for the ansuseinent of the public, and he also derived a considerable emolument from the sale of those publications. The Defendants ore bred:A.ller*, o 'lo had published a book called My Pocket Boole, for the purpose of ridiculing the works of the Phsiutiff. They were not ,atislied with attacking one of th.i books that he had written, bat the g h g le, vii. Stranger in France, Northern Summer, Tent round the Baltic, Stranger in Ireland, and Tear through Holland; another w wk. written by Sir John Carr, viz. A 7'aue through Scotland, ncv had been publaised, in colisequenee, at he would prove, of the bone published by the peel:1411(1UL 111 the front of that book, which they entitled My Pocket Book, is a frontis piece, representing the departure of the Plaintiff (rein Ireland, and in page 29, nrelacet an "I°3- nation of that frontispiece, which commences with " You shall see whet vou shall see, the Knight Errant's regret at leaving Ireland." a grotesque ti ;me, with a handkerchief to his eyes, a number of ridiculous figures following leis, setting up fLe Irish hos.!; a huge porter, carrying_ b books, _ winch are PS that the weight of them ...sliges him to betel tinder them in one hand he eon-we the wardrobe of the Knight Errant, encom passed in a small pocket handkerchief. Stc. Thepuls lication itself cominenees by observing, that the wntiogs of the Plaintiff consisted of nothing worth paying for, except the fine binding, the fine paper, arid the goodness of the wit:t ; and there was no thing to recommend it, except the wideness of the inar,sins. Defenciants bud not been satiasert with publishing one edition of this hook, but they had three, and bad advertised and cirdulated it most iicheAriuusle. This morning there was met pc ' , eland l at the liefendant's shop, entitled "a Viird edition." If this was not the cast, it Was for the Defendant to prove it ' • for he iiiiileramod it was often advertised to be the tenth edition of a hook, when there were not fifteen number, of the first disposed or. He would prove that the publication complained of had injured the Maintain' an au thor; that lie would have got 6001. for the Time M Scotland, if it had not becee for this. book. There was no twat that would wish to give the Re viewer a greater occere than lee would ; but he mold not juitily them in making a mischievous attack fie an author; dewy ku. :4 111..ya. tv.:!l attack his pew ann; for when they acuevileusly whacked his works, it was lnjuriug 'him in the mnst e.seuual point. He di tll not doubt hut there might he sonic foolish passages in it, nut when the Reviewer criticises, he ought to pick out those , pria.sagiet:i and not Con demn the whole for perhaps one mistake or im proper exprrasion. His Learned end er him fiell had often, unfortunately, during their profes sional life, said foolish things, and he should be sorry if they went to be relented ever afterwards, and depnved of the benefits of their posies:ion, for a foolieh espwarion. He would prove that the Defenttints had gone the length, in private coovcr- Lawn, 'to ray, that they would exterminate the Plaintiff as an author. If he proved this care, he had not a doubt but the Jury would give a verdict for the Plaintiff. and damages, not only to the amount of the lose sustained. but to deter others from sending forth such scandalous mid scurrilous Publications. He tneu proceeded to examine his MI tt Mr. Hunt proved that he purchased at the shop of the Defendants, on the 14th 'numb, leoe, * book entitled My Packet Book, which ha produced, and another oa this morning, which was stated to be 4. a third edition." He had acquired from the per -103 who lOW him t'fie books, who was the author? but he would not ii.farin hi.a. He also purenas.d n Monthly Review, called 17:e Mirror, for April and Jane last, which had the ailvertisenieut of My Pocket Boak inserted in them. Lord ELLINPOILOUGH here observed, if • man published a feolish thing, every person had a right to say so. The liberty of the press would he com pletely done away with, if it was not the cam.. Mr. Joh mon, Bookseller, St. Paul's Church-yard, deposed, that he purchased the manuscript of The Stranger in Framoe from the Plaintiff for 1001. Sir Richard Phillips deposed, that he purchased from the Plaintiff his Norther* Sassiner Tour round the Baltic for 5001. ; The Stronger in Ireland he gear him 70u1. fur ; amid for his Tear throng/I Ho& &ad, GOOl. lie had seen the manuscript of time Thar through Scotland, and would have given 6061. it' it had nut been for My Pocket Book, which lie heard had depreciated the works of the Plaintiff so much, that it deterred him. The witness met the Defendant, Hood, o.ie day, and asked him, had hr read his Pueket Mole r—Told him he had not, for he never read such scurrility.—Hood re plied, " Lord help pour Sir John, we have got a rod in pickle for hint, we will do for bim." erc4s-czamined by the ATTORNEY-If:irk:MAL. Witittas never rased book,' of a scurrilous na ture; consideied all anonymous publications as libellous and scurrilous. He printed as many books es any man in London, but never published any without the name or the author. Although he might have read one or two numhers of The Eden burgh Renew when it was tire published, he did not recollect having read any other. When lie was first in the trade, he used to attach to his ad- vertiseinents the criticisms of Reviewers on books which Ise published, bait for the last six years he had ceased to do so. He left it off, ns he thought it was oaly encouraging scurrility. He had pointed and published anecdotes of the persons w:io com menced the French Revolution. It was iii ano tquions publication, that is, it was a it tail of without any author's name. There was no thing libellons--nothin g scurrilous, in it ; he ne ver published a libel in his life ; if lie had, he a (wit! be ashamed to come into that Court to give e,ideace. Ile did hot lima that every thing it cootained was fact, bat it was given by the Author r. as a plain narrative ef ftetii He bad priblished The Orford war atl6o an anaiivinou. putilicaLioa, but lie did it ilLit there might be one honest Lord ELI. 3O%OUGH here ilterrupted, the wit ness, alui inn& that the questions put to him did not tenu to ma ice Wan commit himself. If they had, he would nave protected Kim ; but the volun tary evidence, or rather that wish to chew the pure lies, al his monds, had t: tted him ; for if he, the Jury, and the public, were to believe hiw, other Reviews were dishonest, except his own. Ile was layin4 ground for the sauce charge to be pre ferred stganist Into that was alleged agaiust the pre scat Defendant. Sir Richard Phillip then proceeded and said, be was actuated by the wish that there should he an honest R,evirw, when lie consented to be the publisher of The azford Review. lie was obliged to his Lordship Inc his kind interference; for al though inapo.ed on by the image of the trade, when he iirst commenced business. for six years it had been his sti.dy to check the scurrility of the Press. He could not say that his senti ments were very retined as to honesty, but he trusted he hail a little common honesty in this re spect, soil he hoped, while he Wed, it might re main with him. lie never read anonymous publi cations, whether Reviews or nut, foe he cori.idered thensall scurrilous; but if he. ptiblished coy thi ng anonymous. itavas as clear from scurrilous matt er as vhrystml wuter. lie discontinued publishing 14e Orford Reeiere, as he found it did not answer, as nothiivg but seunility met .with encouragement fimu the public. Sir Richard Phillips gave his evidence from the Bench, dressed in his Court dress. Mr. Leigh, of the hour of Mathews end Leigh, Strand, deposed, that Sir John Car had offered to hint the Tour is Scoaaa for ii.ile, which he would have bought, and given hint auttL for it, if it had riot been for the unfavoitrable impressioa ,My Pucker Book had made on bun. On his cross-cxamination he said, his house had never given as Mitch ca 4001: for any hoOk, Earl of Nlonot.Norris deposed, that he had ►ead The &raver in Ireland, and My Poekrt-Book, chapter by c:mptar, nail he hal no doubt ta his mind but that My Pocket Book was written to ridi cule The Stratigeria Ireland. The ATTORNEY-G►a seat. said, he adinitted it Was striven for that all: unit.. The Fort of Aiount-Norrisr in continuation, said, that the Plaintiff had been recommended to him as a Gentleman, an•l lie was pleased to have fou:id that he had spoken ►o han4sam.•ly of hid native country, Ireland ; and would have purchased the book, it' it had not been do much depreciated by the puLlieation of My Pocket Book. This Witness was crows-esatiumed by Mr. AT. ioatiey-Gattsatt., who observed, that he was hap py to have the honour of whin-woo :4 . a Nobleman of letters, instead of the Knight who lived by letters, and knew nothing more of them wail the livelihood which they *Worded hint. lii. Lordship...aid, that he had read bolls book. over 'Nall great precaution, earl he thought My Pocket Bunk was a fair cud just eritici.on on the other. Lord Valentin corrohorated the evidence of his Noble Father, the Earl of Muunt-Norris.—. nti I's Cabe, closed here. Mr. ArroaNsr-listruett., Counsel for th e De fesidant, Atated, that he never found hervisell more perfectly happy than iu add, wonkier,: the Jury in de fence of his clients. His innol *4 perfectly at ease as to the verdict they would give. His Leaned Friend, in the opening. had charged been by anticipation with what was charged ag:tenst his dent. But he would assure him he was mistaken: for whatever foolig4 eau esaions he h.d made use of, he would not c:incise or emollient on them. lEn th , r first place they had the evidence of Sir Richard Phillips. The Knight lead either given false evidence, or he was the greatest fool that ever walked over earth. Lord ELLSNIDIAOUGII observed that he thought the weakest man would be more appropriate. The Arrows 4v .ligar.R.ll. theii continued. He had said the greitest fool, but his Lordship thought the weakest Mall was the more P T " then let it be the weak e st ma n ; if Si r Ric lard Phillips !yid been hying whe n F a i ami n o was w r iti ng , he would have given oily money for him. The book published by the ltefendants had drum no thing morz that) it ought to have done, sod whet an honest criticism ought to do. This had been prov ed by the Earl of Mount-Norris, who was going to Tuirt-hase The Stranger is Ireland, until My Pocket Book had shewn hire its reel merit, when he very properly dreliael to purchase it; and had not his Lordship given it in evideuce that be thought it, after comparing them both together, • fair criticism ? The Plaiiitiff went to Ireland ; he wus knighted there; and this he thought was sufficient to make him commence author. His mane was to sell the hook, and he dressed it out in red Nlsrocco, with a wide margin s superior print sind paper, and this watthought by ahe Plaintid suf ficient to insure a sale; arid what had My poor Pocket Book doge ? Nothing more than what itself would have done, shewn its true merits. It was like a coal porter in a fashionable suit of clothes; his outside was genteel, but the moment he opened his mouth to speak, you discovered the cheat. So with The Stringer us Ireland—the moment you evened it your expectations were disappointed.- 1 here never was an author of merit whose works were not attacked, but the merit of the work silenced the attacker. Socrates was a frent author, and ly• was reviewed by Aristotle, who was also a great writer ; yet it did nort affect the merits of the works of ':lncrurtes. In the present case, if it was sr work of merit, My Nagel Bonk would not have injured it. He was ton..ry to have taken up an lunch -of the time of the Court and Jury, still he wished tot- speak to them On the subject, for the action appeared More grotesque than the Frontispiece coraplairied of. What could be more ridicritous ? A hook is totioliohed, open to the in speetion of every person, containing the most nonsensical ideas that could enter the brsiti of msn ; another permit . criticises it ; he turns it into ridicule ; and prevents a portion of the pub he from throwing loony their money upon nonsense. lor doing this the critic hod done public service, and he trusted the Jury would feel it as such, and give a re nt. r for the Defendants. Lord ELL1111110101:6111 then addressed the Jury, and observed, that Authors and Puhlishera laid itli.iir works before 'the*Publie, and irivaalssifiscilly riqiiit that the Public should , sheen.) Intim pr._i.esit instance, there Nopetired not ttr iLtrei been may thing more domr; altx.ctigh, per'.in t . , 4, Lt criticism was severe, yet there was nothing to evi deuce, or before the Jury, that chewed that the fendants had alluded to the Plaiutiff iii private life; if they had, it would be a libel; but if a man presents himself berme the linhlic for their protec tion and encouragement as au Aathory• Ire mint sutler every criticism that touches on that puhlica trim. This is what coustittitcs the freedom of the press, and tend to present the putfie heing imposed on in their purchase o'r.• bOOlts';' , it teas a check on licentiotioness, and a -wiry. limper one. The true questinu fur the Jur.e4,4rtii4 *So. their consideration was, whether tiqi otoliculio"pouit plained of tended .to injure tic• private char ac t er of the Plaintiff o r no t ? itcritas,tlitUw,pub lic service, they put down "sties* publics-rope. The Plaintiff blight have suffered loss, 'and yon were to liHieve•he did, from the evidence of Sheriff Phillips, but then it woad'!" for the consideration of the Jiiry whether theDefendnutie criticism was not a fair one, and if they murdered it was, they a ouldignie their verdict fur the Defendants ; but if they thought it w a s not ; and any thing tended to the injnry of the Plaintiff's private character, they would Oye him a verdict with damages tantamount to the injury sustained. The Jury, witho.it a minute's consultation, gave K verdict for the Defendant,.. • During this trial his Grace the Duke of sedferd, Earl of :loam-Norris, Lord - and Sir Ri chard Phillips, sat on the bench with Lord ELLEN BOROUGH. PLILJURY. THE KING P. THOMAS This was an itirlietinent for perjury. It appeared that the Defendant had, on an issue froni . the Court of Chaucer'', tried July, 1807, sworn that he had not executed a deed of release to Mr. Bing, in December, 1803, of a foreland of land on the River Thames, near the West India Docks. It war given in evidence an the trial of the issue, that he had given the release, and the Jury ahoi believed his evidence. This day the attesting witness and another per on who was present at the exec atioa of the release, proved it, and the Jury • foand•Defendant guilty of perjury. lIOURT Sr COMMON PLEAS, JOLT et. Sittings befare Sit JAllt,4 Ma/tenet n, at Guildhall. DEF. 4 MAT/ 01". *LowLit r. ciritiviiis. . . Mr. Serjeasit Smyrna/to scatekl"this•actinh•to• be brought to revolter a crimpernatioffieserstiagosffor words spoken by the Defendsuftut!tsreePett th the Plaintiff". character, Tne P1a3n4.6 lives•at. Har low, in the county of Essex, soil is inill'e A the Defendant, who is * Dissenting •Clirgy'ailill, • The words with which the flefendstit *as chliftivet-were spoken to two reipectable persnim. sod tended go a transaction iu which the Pluitititt: was engaged many years past. The Defendant, alluding to that transaction, said to one of the witnesses, whom the Learned Serjeant intended to call, " He (mean ing the Plaintiff) is so base a eliaracfrr, that 1 d n't intend to read any publication of his—b e ha s . en guilty of forgery, awl his mother ja , rjured he selt, f by tracing her pen aetoss his %rims, to save, his life." These were the words which the peseta ac tion imputed to the Dcreortlant . es hiving mood. The Learned Serieunt said, that his Chentt in bringing the prevent acticru, was not actuate ily motives of spleen or resentment against title ess feutlaiit ; far from it ; all th a t h e w i s h e d wasftl set right his character. The Jury would therefore 13 give damages uccordinely. . . . Mr. Flight was called to sp?ak .to the words. This gentlem r ~ a respectahle coal4nerchant at Hacknry,stated, that he happenod todaron. same cooversation with the.Dcfenfant, itt It - crib-rne* of which he asked the fetter, whether * 400 seeit his uncle's pnblicatiori ? 'to which the Driolidaiiti re plied iu die negative, obserrirte, 'that' he did not wash to see it, for he.was a bellfloillt7.4Ba hint (-pro mated forgery. , Upon a subhrqueirt ceovereition, however, the witness learnt. Root the INefettrqtro: , that his chary, was nht exactly correct, timegflir.he crone of whin! the Plaintiff was guilty, was tier. rly as bad in the eye, of God. He thou stated, that ha had induced his mother to transfer:• his prriperty from one of the. funded securities to another. iu -the expectation of treat train; but that whet, she came to receive her divitieuila, none were to be hrul, and she was almost frantic in consequence ; from that time she laid down her Ci071111;'e. Mr. Pal.ner noticed similar conversstions ; par ticularly. that port iu which the Ifelembint had stated that 31r. Flower's mother had perjured. her self to save her sons life. This A Ili 13elie, however, stated that the Defendant hail i,ot made use of the words with malevolent motives, but, on the con trary, had mentioned theta as to he kept , secret. It appeared also that sortie time had elapse:l bc tivern the two conversations. • Mr. Serjealit Less isdilre-sad the Jury for the tu the course of which be denied that the Plaintiff's ease was proved. If the Jury, how ever, were of that opluion, the least damages would be a compensation. Lord Chief Justice Manse! FLD was of a different opNiion ; hut observed, that the pl , fendinit had been proved to have said the wards without nuy motives of malevolence. The Jury would, there fore, estimate the damages accordingly.—Verdict for the Plaintiff, damages 40.. Captain /lOWA NO, of the ship &knee, from London, fur New York, is artivel at Plymouth, from Billies, into which place the Sante is sup posed to be carried. • • The Chrirtiarse. Wourn, front Slim e for Hull, wax 'captured on the t)th Noce:niter ?mat. T! e Satyr, JOIIN*. sailed 'from ralinouth with the Malta Parket on the 13th May; wee eff tedix on e6th, and expected to pass .the Gut the seine night, under convoy of a mail of war., The Packet arrived at Gibraltar ou June. fifteen cltt a after the Satyr. Thirteen Capitol Pliers to he drawl, of 20.0001. Jo,ooul. t,OOOl, 5001. and a Rtll proportion of other Prizes. Next Tuenlay, August Q. tit . the day. Tickets and Share,,, (warranted undrewn,) are selling at all the Lottery Offices. SMUGG LE RS. • . . Thefbllovring is an extract of a letter hest Do tf !l i s ojit o Stilislity last : o •:•• Yor trittaing the Asp. Custom-liouse lug. ' 1 r s or 1.1 , (tarn Andrews, c a m e i n h ere , the crew Tiring ' in the course of the night beer) via shore at Deal, isisiheir boats. acco m p anie d by th e h boats (rote ille..hireldr, Custom-hoarse cutter, of 1 Jaritt, Coallotaio,4adrews, being father and son.-. They had ',telt iii pursuit of some smuggling beats which,bUd g one on slime, but on landing they were tired igion by a party from the shore, the comas ' rpieS4 e which was; that two of the people in the Cutkia-house hosts, Ellis and Bruce, were killed on the spot, and a third is es badly wounded as to _ lie without hopes Of recovery, having received two shots, two others are slightly wounded. Soon after The lugger came in; a jury was summoned, who re. turiked a verdict old-Wilful Murder by persons we !linemen. Two bostv, and a ;Hirt of the goods, were, however, takers ; it is needless to add, the smug. glens made their escape." VIE IV EATILER. Addition to the melancholy list of events occa ritmed by the extraordinary heat of the weather in the neighbourhood of Hull, given in a former number of this Paper:—The woman whom we mentioned as reported to have died near Ridge mont, Holdernew, was an elderly person of Bostwick, of the name of Mary Hor ; she was makin hay for Mr. Stiekney, of Ryehill, and frig sick WWI carried under an haycock. ' Finding herself considerably better, her companions left her for about ten minutes, and,. on their return, found her a corre. An old man, named Ralph Norton of Ile} ineiram, in Holderneaa , was hikes ill in the field, and died before he could be jot home.—Three'soldiers of the Cumberland Mamie fell duwu *bile in the ranks : two of them loop re. covered ; the third was appereuily in a lifeless state fur • considerable time, but is now restored. Mrs. Tindall, wife of Mr. Joseph' Tindall, of New. bald, buteher, having recovered slowly from her lying-in, took a ride out on the above day; bet was compelled to return. and died in a very short time. Several pigs, sheep, &c. in different ports of the neighbourhood, also died in consequence of the hest. At Everthorpe, Dear North Cave, some saw. yers, while at dinner, saw a great Enicke arise out of thesaw-pit, and found on coingthither that the chips, shavihgs, &c. were in Rrlmes. Attribetiug this to the act of some unlucky boys, they put out the fits, and.raturned into the douse; but in a liar twenties their assistarfce was again required : as it was ascertained that no person had been near the place, the fire is supposed to have been caused tiv the Pe Aleetion of the Son's rays from the saw, which bad !beeelet upina curved state against out of die sides of thee saw-pit.--(11wIl Advertiser./ , 17711CIIESTER, JULY 23. The Isle of Wight, during the last week, 110t' a hihit4 a acme of peculiar gaiety end amusessiket. The Haves*Commeneed en Wentiesday, snider the patrenar of thediderent Gentlemen of the Island, and afforded wogs interesting sport. Commodious booths were erei.vol on the met pound, ariA a large party of tidies hctnoured the • races by the,CWlrte,: ... l 4lllltii, iw the Stewsrtis' booth atijniti lig, the gttifittrnen of the country enjoyed a well supphed.atukotegmit repast.. 'the Minors started Iffeefttrit tour o'cleck. The Elszirscrivtlion Plata • of 3el. after two well-contested heists, wis won by Mr. Johe.,•-.,, chesnut mare, Creeping Kale, c;ht awl plsi s isiseipg three ethers ; and li k e Dune of guit,e•ni lever bT 1A101121'41 Vt , 01119. 7 1401911t0, Es / . the Ste l irir-rl t rtilr wln be Mr. Tucker's l'li”nut mare, TistrAone, beLtieg four other*, the two three heats..zoli• In the•evirrimic, earn: wawa splendid Ball in the town of Newport, attended by all the beauty and Island ; upwards of 200 perseas wem in the room ; and the impartial. exertions of the st•oard on the course, and his polite attentions in -,theliall-rocens, contributed in no small degree to . the pleasure end gratificetion of the day. On the Thunder, a salescriptioo purse, given by tha gentlernea of the of Wight Cavalry for wit-slued hackneys of tlic Island, *Combed very ex. cellent sport. Lord Henry Seymour is notuinated Steward tur the streveeding year. Our Rees, commencer) las.t Tuesday, on obich ;: a y Hi s Ni a .je,ty• ii Plote cf 100 Qumran waselbsta (vont eti for, in three heats : Mr Trees be. Is. tecesskauis, 6 yrs old 11 1 I Mr. lincht.r "a b. b. Sholilccuck. 5 yrs yid I a Mr. eIVIIt/ratl, 4 )1111. Obi en Matches, for to ) ( waves each, were after wards run, and afforded rood sport r the first was *on by Mr. Bateou's Chariot, beating Mr. God dard', £llouitaiNeet,• the other match was won by Mr. Craven's Bantam, heatlng Mr. • Trcvautou a- Liras. On WeAnewley, three Plate, were run for, and thus dc'cided : • The City Platen? so roads Mr. Dilly's Coelho, s yrs del • Mr. Rush's Timekeeper. 6re ell a 9 Mr. Martin's Witchcraft, *gni 9 The Nobleuien and Getilleinea'• Plite of 50 ?mods Sir .1. Itawkins'• R.suriu, 4 to old I I Mr. Trevasion's b c. I.esas. 4MI uld lt 9 A Minder's Plate of solaced,: Mr. Ranott's c. by Sky Rockct, aps old • I r 31r. Todd's Scrip, 6 yrs ald I 9 a The whole of the "racing this dey- affoided the amateora the highest gratification, every heat being well contested. On Thursday, the Ladies' Plate nf 50 Poem!s wu won by Lord Egrets%Ont's brother to licdfrito beating Mr. Worrall's b. f. by kill ',Jeri!. and Mr. Trevauion's b. c. li. Four horses started for the Gold Cup, but the principal struggle on* between Mr. Goddard'. Mountaineer and Mr. Dilly's Gradso ' • it was a well run ra c e, an d wva by h a lf a l eng th by Mown fainter. Our Theatre has been Apia for the week, hut, with the exception of Wedueiiday (the Steward's sight) it has beer. very thinly attended. Foday rooming, though the Ogres were not so fully attaaded this year as ou folipor occes:otss, yet there was muds gesittel comotny, aid macy tranteq!ipeges, anion which we noticed Lord and 'Lady Craven, Lord - Northesk and family, Sir Charier and Lady Mill, Sir IL Mildany's Mr. and airs. Chute, the High Sheriff and - (dozily. sad away ether iistiagoisbed poP,Aarla•