The British Press; or, Morning Literary Advertiser. — London, England, 1805-02-08 00:00:00

1 LA .. tOl'aT OF SF.NCII, WESTMINSTER, F . 's. 7. JUDGMENTS. LIRE!. ON TIIF. BOARD OF ADMIRALTY. T!I F. KING O. JOHN HERMIT and others. The Defendants in this case, Messrs. John He riot, John Taylor, Richard Harris, and Richard Larhhury, the proprietors, printer, and publisher of the Newspaper called The True Briton, were this day brought up for judgment, having been con vided of printing and publishing a libel against Earl St. Vincent and the Board of Adinitalty, the Sittings after last Michaelmas Term, of which trial we gave a report in our Paper of the Bth of December last. The At TOReLY GENZRAL havirg moved for the judgment of the Court upon the Defendants ; Lord Ea tensottouou read the information, set ting forth the libel, and the evidence adduced upon the trial, of which we gave a statement in the Paper before alluded to. The several affidavits of the Defendants, John Taylor. Richard Harris, and Richard Lathbury, were then read. After stating the convidion, Mr. Taylor swore, that he had only a fourth share in the paper in questigin ; he Beni , ' ad concern in writ ing the libel, and having any contronl over the pub lications in that paper, stating, that Mr. Heriot superintended the political part of it, nor did he see the paragraph alluded to, until after it had been published. By the affidavit of R. Harris, it appeared that be was employed merely as the primer of The True Briton ; that he derived no advantage whatever from the sale, nor had he any controul over the publication of it, being only employed as a servant, and paid as such. The affidavit of Lathbury stated, that be was only the publisher of The True Briton, and was em ployed merely as a weekly servant, having no con troul over any publications whatever. Mr. Heriut always managed the political part. of it. It further stated, that he had quitted the service of Mr. He tiot, and was then otherwise employed; and, if con fined by the judgment of that Honourable Court, he would lose his present situation, to the great in jury of himself and family. All the affidavits breathed the utmost contrition, and prayed the mercy of the Com t. Mr. Coast, as Counsel for Messrs. Taylor, Har tis, and Lathbury, observed, that in point of in tention to circulate or publish a libel, these De fendants in every way steered clear. As to the first Gentleman, from his affidavit, he appeared to be placed in a point of view wholly innocent of the tiansadion ; though, as being a proprietor, in point of law, liable to a portion of the losses ; he declared, most positively, his perfed ignorance of the matter : he added, that the profession attached to the busi ness of a newspaper was as honourable a one as could be, and of very great public utility, when concluded with citeurnspedion : as w the celicr two parties, they were pettedly innocent of the crime ; they were employe& in doing that which they might suppose to be legal, and only followed the instruc tions which they received from their employers ; and, though legally answerable to their Lordships, be troste I the Court would discriminate between the parties, as they were wont to do in all cases. He begged leave further to add, that imprisonment upon these unfortunate Gentlem -n would greatly tend to the ruin of themselves mid imsti ies. Mr. Mosaic, as Counsel for Mr. Heriot, said, be felt it would be unbecoming in him to impeach the verdie'l against his client ; at the same time, he trusted, that his subsequent conduct, and the great contrition he had expressed, would be some exte nuation in their Lot &hips' eyes: he then offered to read a subsequent paragraph, which had been pub %hill in The Tree Briton, to which the Artoeate- Gixceat obieded. unless it were verified by affida- Tit, and an opportunity given to him to bring tip some other papers in answer, upon which be would claim the indulgence of the Court, to Make some observations, which he should then feel it his Linty to do. Lord Er Lenaosounii asked, if any such affidavit could be produced ; then if not, he would order the Defendants to be brought up on a future day, and give them an opportmaty to make sods. Mr. Modals declined his Lordship's proposal, adding, that he would only now advert :n the state of mind in which Mr. Het rot felt himself at that moment, which was that of the d epest cinstritie,;l; lie was most anxious to make eve, y atonement in his newer to the Noble Earl ; and he trusted this would Lave due weight with their Lordships. The ATTORNEY GENERAL said, he need nor trouble the Court with making any observations tiaras the indiament, and the evidence upon the trial, which were sufficient in themselves to satisfy their Lordships ; but he thought it necessary t.•r trouble the Court with an observation or two, as it was a case where their Lordships might discrimi nate between the parties, and deal out a punishment equal to their guilt. Mr. Taylor, it appeared, was one of the principal Proprietors of the Paper in question, and Mr. Heriot had the sole manage ment of the political part of it ; hut it was the duty of the former to take care that that power was not abused by the persons entrusted; and when be found a deviation from those prineitiks which amid conduit every man in such a situation, he should have desisted from the business ; he should h,ve withdrawn himself fool' the concern entirely ; he should have reprobated such conduA, and insisted on an immediate contradiCtion of such calnrnrv; had he done this, and verified it by affidavit, be might have come with some hope of mitigation of punishment before their Lordships. There was also a discrimination to he made between the Printer and rublither, the former was the hand through which the calumny was executed, and it wai highly necessary he should be taught that it was his duty' so be cognisant of every such paragraph a. came into his hands. All the parties, Itnwever, were wholly distinguishable from istr. Heriot, who had the con. trout and usanagenfent of the business, but most particularly of the political part. That he was ex tremely sorry to be brought up before their Lord ships, he bad no doubt; but if he was extremely contrite, he should have made an affidavit to that effect, and expressed a deep sense of his cuatrition ; • he would have then put hinuelfr:r the situation of a contrite criminal, seeking the mercy of the Court. As to the libel itself, little remained to be said. lire Ertl of St. Vitteosle 4 itsithit Lord of the Admiralty Board , was loo& - nis - ro as a person high in, the confidence of Sovereign, and the public ; he was like every idler Minister of his day ; though there might have been a difference as to the public sentiment, at that time, there was no differ ence with respect to the Noble Earl's former life ; the glorious actions he had atchieved at the risque of his life, in the service of his country, sufficiently evinced his galla.nt charader ; be would then ask, what was the tendency of this libel'' it was attach ing ignorance and criminality to one of the first Mi nisters of the State. Ne defence whatever could be made for this paragraph ; he either invented it him self, or gave circulation to the invention of another, and pledged himself for its veracity ; he stated has a fad, which, if not well known, would not be be lieved ; and this, upon his own authority ; giving it to the world as a criminal instance of public negli gence in the government ; there was no ground for the least shadow of excuse ior this gentleman ; he had offered nothing in extenuation of his guilt ; and their Lordships being in possession of the nature of the charge, with these observations he left it to their decision. Mr. ERSKINE followed on the same side. He observed, that it so often fell to his lot (not having the honour of being of His Majesty's Council) to defend persons in the situation of these Defendants, and to resist the conviction of the Court, that he felt himself quite out of his element in the present ewe. It was not from the respell he had to the No- He Earl, but from the malicious tendency of this libel, that he troubled the Court with a few.observa lions. Mr. kleriot, he had nn doubt, was a very respectable Gentleman ; Mr. Taylor was also Proprietor, but not a conductor of this Paper; the former Gentleman was sworn to have had the con troul and management of the political part. God forbid, in defending Earl St. Vincent, he should say any thing which could tend to depreciate the li berty of the press ; it was the great bulwark of ci vil liberty, which it was the duty of every man to watch and protect.—This newspaper was sup ported, at that time, by a set of persons, then out of power, who had ended a battery against the Board of Admiralty, the great bastion of the British constitution, who had sent spies into that camp for the purpose of supplying the enemy with ammuni tion to destroy it. lie declared, upon his honour, it was not his attachment to the Noble Earl which drew from him these observations ; at a time like the present, at the commencement of a Spanish war, when every man was leaving his family and his home for the defence of his country, was it to he re presented to France, and to all Europe, that, without rudder or compass, without persons of capability at the - helm of Government, they were of themselves to steer through the seas of events which might occur? If the libel in question was not unexampled for its malignity, if it was not unparalleled in its ca lumny; he should not have thought it necessary to have said thus much ; hut the very writer himself knew the reader would not believe it ; he imputed a charader of promptness to Admiral Rainier, which he admitted he very well deserved, but not mole than the Noble Earl, for whom lie was then concern ed, or many other gallant officers hicould mention ; he gave Admiral Rainier a characteristic for the purpose of stabbing the chandler of Earl St. Vincent in its most vital part. If Mr. Hetiot had disclosed the persons behind the curtain, who ' were the original authors and instigatesr s of this calumny.; if - be had denied that he hinise:t was the person; it might have been sonic extenua tion of his guilt. At the same time lie eould not help thinking, there was something more re spe6ablie his not denying it t however, he bad made himself a volunteer for persons ten thousand times more criminal than himself ; he bar' embarked a volunteer in a dangerous service; an], perilous as the present times may be, he has patei the way for tithes still more perilous. With rhea= observations hie left the case with their Lordships, convinced their Lordships would deal out the punishment with their usual justice and mercy. COURT" Let all the Defendants be committed, and again brought op on the last day of Term " TII 1.11.10 in HERM', SCRIPPS, /Jai M.MIL LAN. This WAS a similar case to the former, the De fendants being the proprietor, publisher, and printer of The San, a Daily Newspaper, in which the same libel was published. 'file affidavits of : 4 cripps and M'Millan, which de- ' flied any.knowledge of the paragraph, acknow ledging their sincere condition, stating the infirm state of the health of the latter, and throwing them selves upon the mercy of the Court, being read; Mr. CoNsr, as Counsel for Scripps, said, this Defendant stood clear of every observation which had been made by the Counsel for the pro•ecution in the former case ; he never knew it had been pub lished until the prosecution had been commenced. Mr. Moneta, for the other Defendant, and the ATTORREY-GZNERAL for the Prosecution. declined making any observations. Mr. CURWOOD. as Counsel for Mr. M'Millan, in a very impressive speech, observed, there was a material difference between a malignant mind, and a man innocently brought into such an error: he trusted their Lordships would take this man's case into consideration : if they sentenced him to con finement, it would he virtually imprisonment for life, and end in the utter ruin of himself and family: lie was also aflliiffed with a malignant distemper, which he could not well publicly state, but ss mice was sapping the foundation of his constitution Linder these Circumstances, he begged the mercy of the Court, well satisfied, that no just plea was ever made to their Lordships in vain. AT rospivr-Gsmt a L—." Your. Lordships will not consider this as a separate libel, hut merely as a more extensive publication of the former." Mr. ERSKINL said, he had reason to know that Mr. *Milian laboured under a severe bodily infir mity. The Court ordered these Defendants also to be committed, and brought up the last day of term. FRAUD ON TIIF. STAMP OFFICE . Tits KING R. EDWARD dnd HENRY DAErIS. I The Defendants in this CAW, who had been con viEted, the Sittings after last term, of committing frauds upon the SUM Office, were also brought up for judgrnetn, from the House of Correftion. We gave a fell report of this trial in our paper of the date before alluded to. Both Defend ! ants were found Guilty, but Henry Davis team mended to mercy by the Tun on accent rof his youth. being only 17 years of age. The affidavits of 'the Defendants were read, et pressing their deep contrition for their past o.ondud ; stating, that they had been confined since the month of August last, and imploring the mercy of the Court. Mr. ERSKINE, for the Defendants. observed, that when persons were charged with frauds, it was the duty of Counsel at the time of trial to exert them selves, but not whets brought up for judgment. As these persons had bcen fully convided, be did not feel he could male any observations, particularly in the case of Edward Davis ; as to the other, he had no doubt the recommendation of the Jury would have its full weight with their I .ordships. The ATTORNEY-GENLRAL, after observing that h;s friend Mr. ERSKINE was not now out of his ele ment, said, he had a very few observations to trouble their Lordships with in this case, who would easily discriminate between the two Defendants ; 1 lenry Davis appeared to be the servant of his bro ther, and, if the latter had not been too eager, he might have carried on this species of fraud for a great length of time : he regretted, exceedingly, that his ingenuity had not been exerted to a better purpose ; and trusted their Lordships, in dealing out their punishment, would give them a whole some admonition. The Court ordered them to be remanded, and brought up again the last day but one of the Term. LIBEL ON MAGISTRATES. Mr. WILSON moved for leave to file a criminal information against a Mr. Thomas Franklin, an attorney, for a libel against the Rev. Mr. Le Mesurier, who was a most respeClable gentleman, and bred to the profession of a Barrister, but was now a clergyman, and a most useful Magistrate, re siding in Buckinghamshire. The affidavit stated, that an information was preferred against a person of the name of Bowler, for two offences against the game laws, commuted on the Ist and 12th of Sep tembtr last. Mr. Le Mesurier issued a summons for the party to attend on the 12th of Weber, and Bowler came, accompanied by two attorneys. Franklin and his partner : he found it necessary to convict Bowler of the first offence, against which the attorneys declared their intention to appeal ; and, having produced a certificate of deputation, dated the 10th of September, they con ! tended he had no right to convid him in the second offence. A clause in the Ad of Parliament required that the deputation should be registered ; but, they insisted he bad a right to kill game twenty days previous to such registry. Much conversation took place relative to the manor, which formerly belong ed to the Duke of Norfolk, but now belonged to lady of the name of Franks ; Mr. Le Mesurier, therefore, gave them to the 7th of November to make their appeal and enquiry relative to the manor; and not being satisfied with the evidence on the first convidion, lie did not immediately draw it out, but deferred doing so until the next meeting, which was again postponed until the 28th of No vember. On the 110th, Mr. Le Mesurier received a letter, signed Thomas Franklin, in which lie stated, he hated and abhorred all Game Laws, as abominably oppressive; lie did not know how the Magistrates in other parts of the country aacd upou this subjed, but he was sure very differently limn Mr. Lc Mesurier; he had heard from the pulpit, that justice and mercy were attributes' of !leaven ; the theory and pr office of Mr. Le Mesurier he considered totally different :" with many other expressions of insult :he concluded, I demand a copy of the convidion, we shall not be priest-ridden by any body." On the 2Sth of November the cos= vidion took .place, and Mr. Le Mesurier mitigated each penalty to 101. and the costs. Mr. WILSON then said, this condud of Franklin was highly re prehensible ; it was an attempt made to interrupt the due course of justice, pending a convidion. Cou at —.J. Take a Rule to thew cause." HACKNEY COACHMEN. Mr. Allowr applied tor a Certieeeri to remove a conviction against a person of the name of Plush, Who :sad been convieted before Sir W. PA au, NS and Mr. Bono, for taking more fare than be was enti tled tn. By the Ad of the 40th of his present Ma jesty, if a coachman, having been cut of town, can not drive back within the carriage pavement betore sun set, or if the sun sets (in his way back, he is in titled to an additional fare. In the present case, the coachman was returning from •Brompton, and the sun set before he got back to the carriage pave ment. The Magistrates, however, convicted bini on the grounds of having sufficient day-light to re turn within the pavement. He, therefore, contended, that the Magistrates had construed day-light tor sun -set, and the convidion could not stand. COL' nr.—“ Take your Rule." r•Aso • DAY RULES. Lord £LI.IIIO/10ROVGIf gave notice that as the other Jedges had not concurred in the order made the first day of Term by this Court relative to Day Rules; and in order to give persons confined for debt as much privilege in this Court as in the Com mon Pleas, that order so made was to be vacated, except the latter part, relating to special application being made for time, &c. All is still conjecture respelling the destination of the Itochfort squadron. Some of the Papers of Wednesday seta them to the Brazils,while others con veyed them hack in safety to one of their own ports. Five sail of the line are arrived at Plymouth horn the westward. It is not improbable that these will prove to have been the ships which were lately seen off the Cove of Cork, and which, in all likelihood, were unacquainted with the private signals on shore. Five British sail of the line are now in Bantry Bay. On Wednesday, the sth December, sailed from . New London, t h e b r i g Hester, CLARK; fof th e West Indies: in 14 hours after she sailed, six leagnes to the Southward of Montauk Point, she .spratig • a leak, and went down in an hour and a half. The Captain and crew witty difficulty cut the lashing of the boat, and got in) 3 her with a long tow-line, which they mash: fast o the wreck to leeward, and is that situation contin ed rowing, so as to keep the boat's head to the sea, prevent her filling. After being in that situation 40 hours, Capt. GRISWOLD, who left that port the ay after the H un t er , took them up, and fell in ws h Captain 8141 in, from Virginia. bound to Newpo rt, and put them on board, at which place they arrived .tfe. rArAL INTELLFGENCE. PM G. Arrived, with dispatches from PORTSMOUTH Lord, Gardner the Resolution cut ter , o f 12 guns, Lieutenant Ells'. mere ; she will return to-morrow or next day. Sailed the Rattler, of 18 guns, Captain Mason; Sylph, of 18 grins, Capt. Goate ; Furious, of 14 guns, Lieut . . Collet ; and Sir Andrew Mitchell cutter, to join the light squadron cruising on the coast df France. Went out of harbour the FliA sloop, Capt. Richardson ; Expturion bomb, Capt Ellcott; and 7'eozer gun brig. The Mediterranean convoy, having the wind eu fair, expedt to receive orders to sail every day. sasasrast, TM 5. Arrived this afternoon-lions Portsmouth, Fbs Ms. jesty's ship Enzie, 74 guns, to join the Chanute' &set She remains with the Nemesis frigate, and /( gnu revenue lugger. ~:. . ~. PLY 0101,711, TM S. Came in the Friende , ,an;, of Memel, from Nam.: for St. Ander°, detained by the Santa Margat-e frigate. Arrived the Ranger cutter, Topaze and VPII. frigates, from a cruise. Sailed the Mourlicroa sloop of war on a cruise. DlSki, stn. f'- Sailed this morning the Honourable East lo,!:1 Company's ships, Walpole, Cliarllon. Stc-r e y. Howe, and the Lord Monroe, with several otter os ward-bound vessels, fur Portsmouth. FROM LLOYD'S LIST. AsaIVALL Off Dover—The St Patrick, Campbell ; and Prinezic Me n Ilhlnt, Rum waterford--R o ver, °Tin ; and the Ellen, Iy, from Cork. At Poole—The Frederick, Storey, from Limerick. At New York—The Cotton Pi toter, ---, from Liverpool. At Naples—Toe Sukey, Prowett ; ■nd Darlec, Wig, frog Boston nice OF s rucKs. Bank Steak _ . 379 4 . 3 per Cent. Bed. *lioi 3 per Cant. Couch.. ' . 6 •0 11 1; . 4 per Cent 5 per Cent. Navy .90 69; 90 • 5 per Cenv.`Lnyaky • ' 1094 Long Annuities .l7j 9 16 Imperial J per Cent. Dittn Annuities 9.11.16 9 14.. India Stock lBll3' Lottery Tiekele,..., .241. Ile. Como'. for .. • . I'. BISI I, Sto-lc•Brr4cer, - No. 4, Co/101111, aria 9, CharintElms. PRICE• OF 111/SII IDC1(1. Gov. Drb. al per Cent. r ho 29) ..... Colikllr. OF EXCHAI Arnst.r.:Am 3B 6 2 U• Ditto ut Sight ^7 10 Rotterdam, c. f 31 U. fiemburgh 33 6 till Altona 33 7 2111. Pane... 25 10 Lir. Ditto 2 Lk 25 la Mourdeauk .t3 IS Tunsont,Aran Gatos ....... 4I Liw.fac. Venice 1111 Dion Li.ben 4t Oportoll Dublin ll out, In 1 . I 4. IN•turalGold tll C.,,n C.lot Ditto Aludgid Ditto •}3l end. Hilton& '3'#. atnd Kara per at. 4 0 4 Dolbtouns . ..... 0 0 a New lhahns Saver In Ears New Lnuis each Awn .0 the flank of Hollaol 41 per Cent. Lechers: Naples Dublin us Loodub (Feb. I l'4 a 11. BIRTH. Early on Tuns!lay morning, the nth instant, the Lady of 1. Genma etosbje, of Nurthlanflc, Sussex, of a son. MNRRIAOES. Yesterday, at Mary la.liontre Church. by the Reo..J. Choi. meley, F. I. Austen, Esq,eldest son of F M. Au-ten, Esq. of Shrppingtuti Park, Kest to Miss r Chohneley, fourth rLatycht..r ut the late M. C hoi mete„ Esq. of Lasturt, Lin. eolovitiro. Tiitlikr, at C..troberwaH Church, John Boxteu, Esq. of I bgithory-plsco, to Mist Unwut, of Camberwell. DEATHS. Mr. Chapman, woollln.slra7er, Strand. On ‘Veeloesday, the SOth of Ja:ruely, at Lymington, Hams, William Rose, Esq. east! 46 vezhs. On Ssturlay last, at her h . nre.e in Writhro-larip. Wenning. ton, Mrs. Elisabeth !know, sister to the late J. A Benson, E.q. of Upper Greivenor-street. • - MOH WATER THIS DAY AT LONDON BRIDGE. Man. 26 min. after O ...Even. I into. after S. SALES BY AUCTION. FURNITURE, LINEN, PLATE, A Gold Watch by Batiks, a Tattle Cluck, amil e capita . Doublo-burrefied Goa. . By Mr. sTi. WART, this Aull;roi Rooms. No. 194; Piccadilly, °myna§ Albany House. THIS. DAT, at• Twelve o'Ckick, r 111 , HE HOUSEHOLD I.'URNITUItar; eon- siitinz of bed.telds, feather beds, bl..iikets carper, chairs, double che,tm of drawers; counting hoot desks. a shower bath, els& ify ing machine, a few articles of silver .• a sextant by Carey; a capital gold watch by Rink-, a taA.. c• wearing apparel. linen, mix dozes pairs of cottoh double-barrelled gun, chaise harness, dm. the luop:rty us a Gentleman, lately dece wed, remortd from Renal •creet. To be viewed and Catalogues bad PEMBROKESHIRE. Vahishle and Immoveable Freehold E.tate, with Royalties. Manor, Fisl:cry, Perpetual Mermen's, dec. Pe. VEK COX E, BUP.k ELL, And FO TER, At Conaway's, nn FRIDAY, March 2s, at T...., AVEILY vAlti ble and improveable FREEH OLD ES FATE, contiming 1200 acres r,f Land, hod to tenants at well, called Great Trefgarn,being a Parish and Lord hip of itself, situate in a delightful part of the county of Pembroke, al.ound. ing in Game, five miles on the turnpike road from Haverfard west, and ten miles hem FiegAM r consisting of sundry garden'', oichards,Lartwas ' court lodges. Una, .tabus, closes, pieces CIA parcels of rich an d fertile amble, in...how, and siaod-tend, acres of which are oak timber, highdr iwna mental as well as pso. ritable, and with uninclosed shesp walks; tl.e whole in a ri.ig fence: together with the next Presentation and Pcnictdi Adamson' sof the Living of Great Trelg.irn, and all the R.isal ties, Manorial Rights, in Coon Leet,C.iurt Ransii,kc wallas+ extent of Fishery of near two miles of the West Kesidy, tk skirts the Estate ' a (Avowable stream for eels, trout, tri mon : there is g oal stone on the Estate for budding, Ala 3OA iditl may be erected at very little expense. This property is well worth the attention or any Nobleman or Gentleman who may wish I. invest his money in land, in a pert of the counter where the value of land in daily riving, as in Out part of South Wake. May be viewed any time till the Sale, on application to Me. Peter Axton, Belmont, near Haverlordwoet ' of whom panicle ars may be had one month preceding ; also of Meows. Sher, l/nr.ker, Yates, and Hodson, Manchester; John Charlaberlard. Esq. Chester; the Bosh lon, Bristol; the Castle, an d the Mariner, Haverfordweat the White Hart, N•rhath ; at the Mee of Salo ; arid irfMessis. Peter Coxe, Burrell, and Foster, Throgmorton.street ; where a Plan ut the Estate may be seen. LONDON :—Ptunted by GEORGE DAVIDSON, No 3i. WechAtroet, St. Clements, am, puliethetl by JOSIAH RYDER, at the Ofsce No. 15, Rack of St. Clement% Church, Strand, where drtlete ter the Papet,ire. (Fon . r 4 ) sill be duly atteuded to. ... r "