The British Press; or, Morning Literary Advertiser. — London, England, 1804-11-28 00:00:00

r~^ 1 LA,. COURT OF RING'', BENCH. Waal' ‘IIIISTIO. Nov. 27. LIBEL UPON THE EARL OF ST VINCENT. lila ICING v. W. H. MANN ESQ. JOHN DODD, AND OFOHOE SYDNEY. In this case Mr. ERsectsx, on the first day of Term (the 6th inst.), bbtainci a conditional Rule for leave to hle a criminal inflrmation against the Defendants, for a libel upon the Earl of St. Vin cent. Of which motion, and the subsequent appli cation to enlarge the Rule, in consequence of the absence of onc of the Defendants (Mr. Bourne) in Ireland, we laid the proceedings before our readers in our Papers of the 7th and 16th inst. Mr. WOOO this day showed cause against the Rule on the part of Mr. W. P. Bourne, whoae a fEtaelt when read, he said, he had no doubt, would be a full and satisfaaory answer to the Prosecutor's affidavit, and would entirely exculpate him from the charges laid against him, not only to the Court, but to the Noble Earl on whose behalf the applica ti,m had originally been made. He then o . ,served, that he should not trespass upon the time of the Court by stating the particulars of the Earl of St. Vincent and Mr. Tucker's of ; but would come dirk* to the affidavit of Mr. Bourne, which, in the most explicit, unequivocal, and satisfaaory manner, denied any knowledge of the second pamphlet, entitled, Audi .lltera,n Parlem," alluded to ou the part of Earl St. Vincent; and, as to the first pamphlet, Mr. Francis William Blagdon, for the purpose of vindicating the chamfer of Mr. Bourne, though at the greatest risque to him.elf, came forward in the most honour able and gentlemanly manner, and by his affidavit avowed that he was the author of it. The affidavit of Mr. Bourne stated, that he never wrote or published the pamphlet called " Audi APerrim Pariern, mentioned in the affidavit of lienjamin Tucker, Esq. or any pa of such pamphlet; nor 1,,,d he to least knowledge of the author or wrier of the sa;d pamphl2r, nor could he form any judgment, opinion, or bolicif as to w'-to was the persua by whom the said manuscript v..,q writ ten : and he further stated, that though it was re ported in London, previous to his departure for Ire. land about the 18th of last May, that •unn matters were about to be pnblished respeaing conduit of the Board of Admiralty, yet he never had any fur ther kn• wledge or information t. an common report with regard to any such reported publicatim; ; nor did he ever direaly ar indirraly know or heat more of any such publication ur.til after his return from Ireland to Londo:,, which was ;6aut the 2d of Seetember, when he first heard that Ac pamphle•, intitled a 34.1 i Alteram Pare"," had haven publish ed in his absence, and which, he had since been in. formed, .14,1 published in the month of July preceding, but wf ich pamphlet, or the -manuscript if which ~ .0p1.14, he had not reac - - or seen, sae* and excer: e much as he had seen in the office copy of the ..rhicdivits, on the part of the prosecution. And he 'Luther stated, that he never had any com munication, direly or ihdirally, with John Bud.' and George Sydney, or either nF them, the publishlo-r and plan r, or reputed pubhsi er and printer, of the said pamphlet; that he was wholly unacquainted with them, and that, to the hest of his knowledge and belief, he never saw either of them, or heard of either of them, until after this prosecution was comment-d, and then for the first time only by the irter which he received from his brother, Fee Bourne, and the copy of the Rule et Court enclosed therein, which came ta his bands, when hr was be yond Limerick, in the west of Ireland: and further, that having from an early period of his life, very much participated in the respell and good wishes which some of his nearest friends entertahied for the charatter acrd the person who is now the Earl of Mt. Vincent, and, having from such early period, felt an animated ixerest in all those persons whom he con ceived to have served his country, which, in the case rt th , - said Earl, was about the beginning of the pre sent year, increased by a seuse of oblig,ation for a favour which at that period had been conferred by the said Earl, at the solicitation of him, Mr. Bourne, upon a near relation hf his, he laboured to corrcEl what he believed to be a prejudice in a part of - the public mind a'ainst the said Earl; that he thought I.e particula:ly demonstrated those semi mem% after harir.g called last May on Mr tucker, his Lordship's then private Secretary, to express them by Lis successful exertions to put the Earl. through the confidential medium of his Se cretary, in possession of the muoiscript, and about 700 impressions of a pamphlet announced for publi cation, intitled " Naval Administration; a Letter to the Earl of St. I/inc.:in, K and which, it published to the world, appeared to him to be calcu lated materially to injure nix Lordship's charaFter— an aa, which he, judging of the operation of zealous service on the common feelings of mankind, did h•ipe and believe w,-114 have highly gratified and , obliged the said Earl, instead of being misconstrued, as he fratnd it had been, to his prejudice : hat he never wrote, or printed, any pamphlet or other thing to injure or selleech upon ; or that, ac cording to his judgment, could possibly injure or retied upon, the Noble Earl, ,or that was in any manner or way calculated to wound his cflra&er or lerl'ngs ; but that he, Mr. B. on various occasions, laboured to toroteß his Lordship's eh trdaer, and sedulously sought occasion, to add to his renown : That he never. slireSly nor indireElly, in any way whatever, gave out Coat, auy money had been paid by the Larl, or by any person zetitig for him, fur the said pamphlet, or for acre s upp ress i on t h ereo f ; t h at be never in his life hoped or wished to obtain any money or pro perty whenever from the Earl, or from any other person, for the pamphlet, or for the suppression ! thereof, nor would he have received such, had it been I olf , •resi to him: That he did not knew, or had he an: , reason to believe or suspe4l that lie had been is the least degi et instrumental in fit nishing or supplyiag the author of the pamphlet, called " Audi Ahem, ' PaHem," with the manuscript, or with a copy Lt . the pamphlet called " Naval Administra unn, az." or with any part of either of them; but verily believed that the author of the pamphlet called "Audi Aileron, Poi bad obtained the manu script or pamphlet called " Naval Administration, Ike." or such part or parts thereof, as he made use of in the pamphlet caned " Audi Afteram Paden," from some quarter, and by some means, totally un knilWß to Mr. Bourne. The Learned Counsel then proceeded to state the affidavit of Mr. Francis William illagdor., who ad mitted that he was the author of the first pamphlet, and stated nearly as follows : The affidavit thea stated, that Mr. William Henry Bourne had no share whatever in the com position of the pamphlet, nor did he furnish Mr. Blagdon with the least inf.amation as to any mastiff comained in it. He then denied any knowledge wit it ever, nor could ha form any belief, as to who was the author of the pamphlet entitled " .4 ?di dlletram Par!em," and that he believed the passages quoted from the suppressed pamphlet in the other pamphlet could have been o'stained only from some r.son or persons employed in the office where the suppressed pamphlet WAS printed. Mr. Woon then said, he could not avoid observ ing that the Earl of St. Vincent had been a little too harsh in making this application in the absence of Mr. Bourne, in Ireland ; he might have waited until he should at least know from that, gentleman how the matter stood. The anxiety of Mr. Bourne for the reputation of the Noble Earl, had been too hastily construed into guilt; he therefore trusted the affidavit of Mr. Bourne would be hilly exculpa tory of his condua and that of Mr. Blagdon, who, leaving all personal considerations aside, came ft,r ward in so explicit a manner, would convince the Court of the former'; innocence; be therefore, upon these grounds, hoped the Court would dis charge the Rule as to Mr. Bourne. Mr. Fi LLD! sic also, on the part of Mr. Bourne, observed, that however culpable, however hideous th's offence might have been made to appear by the superior ability and talents of his lA , ained Friends (Messrs. Easicise a•nl GARRow) on the other side; vet, from the affidavits then read, no gnat what ever could attach upon Mr. Bourne ; no doubt but that there was cause for very sti. , ng ►uspicion, as to his being concerned in the second publication; and if he was the author, he was one of the most f 'ohs!) men in the world to give up to Earl St Vincent's Secretary, that which, of all others, would tend must t.l criminate himself, ultimately putting an offen sive weap.m in the ! and; of his adversary• ; but the Court of Judicature in this cuuntry, he thanked Heaven, v ld not deci.fe upon bare suspicion, whi,:h was 1: •his case ov r•,et completely by incon trovertible evidence. Indeed, if it had been tri-ti by Oyer and Terminc,, under the present existing G ivernment . ' France, this gentleman must in eviiably ' ; and it by the inqui sition, he vale dou',tie nave been roasted alive. If he , very the author of the second pamphlet, it was a) !ally t ,sing hi-. head into the fire to gain up tho.e rr pies of the fit st. • Lord • : ..s.risoaouon—" Mr. Erskine, do not those aCtavrts sati iy you r' Mr. EllS141:••." IF your Lordship will allow me, I all make a ! observations sshich occur to me by and by. when the Gentle.nen at the other side have June." Mr. Frixorno continned.—He expressed some sorprom at his Le. rued Friend's declaratioa, of an inteoi:ors to make time observations upon f.e case hereafter. 115 w.as wrdl awatlr et his e,oquence and ingenuity, wh: ..1 he had mr doubt at present could only he direeted to a well-J..served eulogium upon that Z: •ble Earl, who !tad been attacked in this most scurrilous prortigtion. br.t veh •se charafter stood so high in the public muvl , that he could feel little anprehe rsi,m I.n it, and whatever else :.is Le.u-ned Friend's surrior talents and abilities mr•f•tt suggest to the Curt; he was Hold to say. that he defied them to hiring in an. other taus which could amount to a presumption against Mr. Bourne. As to some passages in the second pamphlet similar to the fir a, he begged leave to remark, it might be possible, some of the copies of the latter might have been taken out of Mr. Tucker's oth.:e (where, perhaps, they were not kept very carefully), by Some persons belonging to the Admiralty, and through that means came into the hands of the author of the second pamphlet. It often happened tillt although a pubbcation may be suppressed, yet some co; ies may be got hold of either by the pi in ters themselves. or those creatures ire 'amine who frequently do much mischief in their own way, or by other persons employed in pullMg off copies io a printer's °dire. In short, no other answer could he given, than what had been, to these charges. As to the Printer and Publisher of the second pamphlet. Mr. Boerne had no concern whin ever with then; ; and as to Mr. llagdon, who came forward in so very handsome and honourable a way, whatever suspicion might formerly have rested on Mr. Bourne this fag alone pots the case beyond a ',Nobility a/ doubt. Mr. hs rt. followed on the same side, declaring, that before his Lordship put the question to Mr. Easirme, he felt very little apprehension on the part of Mr. Bourne; and he could not help express ing his sot prise at his Learned Friend's &cluing his dissatisladion, upon what appeared to him the clearest and most unequivocal answer. It should not be sent forth to the public, that Mr. Bourne, with the mind of a libeller, had done this; the generous feeling of that gentleman expressed in his fetters, who, not only in common with other men, ad• mired and respefied the high charaeler of the Earl of St. Vincent, but had acknowledged, in the fullest manner,obligations of a private nature. Ile concluded by observing as to the possibility of some copies of the I st pamphlet having fallen into the hands of the author of the second, and cited a ace of a felony, which w.O tried some years ago at the Oft Bailey, where the Defendants were charged with pur loining some copies of publications, and it ap-, peared that the printers had a right to take off a certain number of copies fur their own private purposes. Mr. Eits , a ivt, in answer to what fell from Mr. Fielding, observed that he did not mean to pass any eulogium upon the Noble Earl, as the best he could make, was to advert to that Gentleman's great pub lic services, which have laid him open to those scur rilous attacks. He differed very widely in opinion from his Learned Friend, Mr. Fielding. in thinking that the French would guillotine any man for libel ling Earl St. Vincent, for, on the contrary, the of fender would find ample proteition and encourage ment among them. He expressed his dissatisfaiftson upon the answer gives to the charges, which could not convince him ; and, after a most laboured de nial of the second pamphlet, he contended Mr. Bourne did not deny that he was the publisher of the first pamphlet, nor did be say that he had not circulated some copies of it. As to the other two 4 4, • persons, Mr. Sidney and another, uo del . ,ilze what ever had been made f,r them. Messrs. GA 'mow and Jsavis follnwed nn the same side. The rule wr discharged as tn Mr. Rovirise ' and made absolute against the printer and vender of the pamphlet • Mr. 1 lELDTNG then, in the most res, , letqfu! man ner, begged t!ie G.urt would allow i.lr. liuurre 1 ;s costs ; who, he obsi,rved, was a gentleman of great respectability, hut of small fot tune, and had been put to great expense in this business. Lord ELLENHOROUGiI—" It is very clear this Gentleman's motive was to recommend himself to the favour of the Earl of SEVinctnt, which made his conduCt an object ut suspicion. From the affiiravits he has produced. he certainly ought to have his costs, but if a man conduits himself so equivocally as to give r ise to suspicion, he ahnuld abide the con sequences." SECOND APPLICATL Mr. JERVIS then applied fur liurrtc to file a cei. minal information against Mr. h rancis William Blagdon, for the litsel contaii,ed ia the first pamphlet. /le grounded this application upon the affidavits of the Earl of St. Vincent and Mr. Tucker, and also on the affidavit of Mr. Blagdon, all of which had already been filed in the first cause. He contended that on the face of these affidavits, it appeared that he was the author of the libel, and by hi, own shew. ing, he stated himself to be a most malicious libel ler; that after delivering them up to Mr. Bourne, he confessed he was perfeEtly indifferent about them, as the °Neel of them was done away by the report of his Lordship's resignation. Lord EL LENEGROLOH.—" If this the publication on which you rely cn the Court's granting an in formation." Mr. Jests , is replied that it was, and he trusted it was suflicieat evidence to shew his malicious inten tion. Notwithstanding the advice of a respeclable Gentleman at the bar, who said it contained libel lous matter, he delivered 700 copies to Mr. Bourne, but did not say that he had delivered him all the publication ; he, therefore, submitted that there was trite sufficient publication, and abundant grouns:s on which the Court might grant an information. Lord Et a Esi sueouou—" This is an application entirely within the discretion of the Court; it is not now for us to say, what the impre , : ion of the Court might have been upon Mr. Biagdon's conduet; but, upon the whole of the case, the application coming in this way, and adverting to all the circumstances, I do not think it a fit case for the Court to exercise its discretion upon." EARL DARNLEY AND MR. BLIGIL SHL KING V. HOBERT !MICH, sus. In this case, Counsel moved to make the Rule ab solute, for a Criminal information against the De fendant. The original application by Mr. ERSIUNE, and the subsequent motion, shewing cause against the Rule by Mr. ADAM, we gave us our Papers of the Ath and 20 , h inst. Mr. AU Si, on the part of the Defendant, ex pressed :'rcat surprise at this motion ; he really thought the Court was to have heard nothing more of it, as Mr. Bligh was ready to submit to any t.:ms the Conti should dired ; he was ready to en ter into recognisance to any amount, himself and two sureties. This came on quite by surprise, and he ..ad no opportunity of communicating with Mr. I.lligh on the subjed, as he had been ill and co,fined. Mr. Eases's' said, he understood the matter was to have been left entirely to the consideration of both parties. If Mr. Avast, on the part of Mr. Bltgh, had expressed any contrition or apology for his conclud, and left Earl Darnley's affidavit to stand by itself, it might be ais.other matter ; but he tried to explain it away, and throw the charge on h:s Lordship. Mr. ADAM said, he understood the suggestion of the Court was, that his client should enter into a re. cognisance; but since his friend Mr. Bits,: us is did not take the suggestion of the Court, he begged icave to say a few words. Mr. Bligh direCted him to state most explicity, that he was ready and will ing to enter into any terms the Court should dictate. On the affidavit of Mr. Wish, it was perfealy clear that he did not go to Sussex, or to Uckfield, for the pnt pose of meeting or insulting Earl Darnley, but, on the contrary, most studiously avoided every opportunity of any communication or intercourse with him; when he went to Brighton, he there saw Earl and Lady Darnley, and immediately went off for East Bourne; hut not meeting with any of his friends at that place, he was on his return to London, and stopped at Uckfield for his chariot; while he waited at the door of the inn, he heard Earl and Lady Darnley corning down stairs, but did not recollea he stood in the attitude as sworn by Darnley ; his meeting him WAS the greatest accident in the world. His Lordship, when he saw him, rushed furiously past him, and kicked his heel, in consequence of which he, Mr. B. gave him a push with his hand. His Lordship then swore he would break his bones, only Lady Darnley was present. Mr. B. further swore, he was most anxious to avoid any thing personal, or which could be construed into a provocation to tight, what he had done was not violent. The question. therefore, for the Court, the learned Counsel observed, was, whether they would exer cise their discretionary power in this case ? He ex pressed a wish that the affidavit should be read, from the whole tenor and effect of wh.c!i, he sub mitted, it was impossible to conned it with the for mer transaction. The affidavit was then read, which was in sub stance, as above stated. Mr. ERSKINE observed, on the part of Earl Darnley, that upon the affidavit of Mr. Bligh, as it then stood, his Lordship appeared to be the aggres sor, and not Mr. Bligh. It had already gone be fore the public that Mr. B. gave the first assault and how would it now appear ? This he consi dered as a high aggravation of his offence, but how were the Efts? It was positively sworn lie stood across the door, with his arms encod ed He would ask, was there no other door in the house, no other possible way of going from East Bourne to London, but through this mi litary pass, as he would call it. or was there no other inn in the town? When he heard Earl and Lady Darnley on the stairs, he placed him self in this position, and appeared as if intend ing to obstruft their pa , ,sage : he rstade a little way ,-...---•;--..'•-- - for her Ladyship to pass, but when Earl DAri '" inme up,. he cried an a loud yoic; 4! Yi.s iir...ibe greatest wound., in Ehglind." iradjsr!rnedia.:.fist aimusi a blow at him with el hi•sforee t this was the Language and threat he made Use of on the flit-rises trans:titian. • . • • • Lord ELLtnsottotou- 44 We ale eu deai oarlng to pot the most lenle;jt•construelion upon this ago. ter, buz we find the old. anger and a - limb:ill tuilte out, that led to the lime cool:logien in the faraler letters. I therefore think Eattl Darnley has a rlght to the plot' lien of the Cot: . c., and, from the faith as stated, Ilas a right to have the rule mad.. a! , ,n!ttio„ If, hereafter, any thing .-nay be doge Unarms the parties, towards en accomnindition: that Is for thins to consider."—Rule made absolute. GENERAL Piero4. DOWLING C. PICTON. t Mr. DA LI. As moved to make the Rule astsolate for putting °tithe trial in this CAW. Mr. l'ala ea vAi chewed c.uike against this rules which was obtained on the affidavit of General Picot, stating, that it was necessary for hip to take not a commission to examine the iknorneyilae neral of the Island of Trinidad; and also a gaoler of that island ; the Plaintiff's witnesses were :.{I In habitants of that Wand, now au -London, ready to be examined, and aenainut to go home again. Nlr DA Lt. AS observed this Was an adion of ors pass and false imprisonment brought agamst Ge neral Picton, for an ad done by him while in the capacity of Governor and Comniander-in•Chief of the Island of Trinidad, and the damages were laid a: 40,0001. It was necessary to examine witnesses in that Island. The Court ordered that the Plai• tiff might ex amine witnesses on.„interrogatories„ and made the Rule absolute to postpone the trial. i\sui.s - ON MAGISTRATES. Mr. Glu es applied for Steyr to file a Criatinal In formation against Mr. George Lowther, of Salisbury, fur gross misconditel towards the Earl of Radnor. the Rev. Mr. Jacob, and several other Magis trates for the County of Wilts, by whom he hid been summoned to answer the complaint of a poor labouring man of the name of Sopp. The offence was contained is two letters, written by this gentle man, to the Magistrates, in which he charges thien with inability, and an intent to cloak themselves with Magisterial authority, fur the purpose of tir. sonal insult. The Court granted a Rule to chew cause. TI F. CHESTER % OLUNTEE Rs. Tilt KING r. DANIEL avieriatiers. The Ar roast.r.GtNaitat. moved for the judg ment of the Court in this case. The Judges' report stated, that the bad been convieed _at the Chester Sessiette e with two others, for Aiding and assisting in a and for rescuing one Daniel Jackson, a szarnane had been legally impressed. It appeared, that tenant Dutch had impressed Jackson, and bt him to the rendezvous house, where he *at rounded by a large nark oft or 3no persons, of whom were Chester Volunteers, in uniform; e demanded some of them to come fo.ward, when the Defendant and three others advanctil, and the former told him the Volunteers wanted him to relea se Jackson ; their musi...t:. were loaded with slugs, and unless he einiki comply, they were determined to carry their pte3t. after, the mob proceeded to the r •ndezvons house, and from that to the gaol, which th..y forcibly broke open, and rescued I, ck s.m. In the mean time, the I-relent/ant bad lett Ole rioters, and m tde every exertinn, to assanble Magistrate , , and quell the disturbance. By the affidavit of the D r*daiit, it tap-leered that he was a very loyal and industrious man, pith a wife and four children ; that immediately after Ito had spokea to Lieut. Dutch, in the fi eat of the tnob, he was conscious of his error, and male every excr. thin to rolled the Magistrates and assist them.— Some time after, he was seat fcr to ri to the tft-- change, and went without any hesitation. The Met , gistrates then dismissed him, and desired him to t. tend on the day following, which he accindi.aply did, and was then arrested, and informed t h at L;eat. Dutch kid tiled an information against him. lie was confined for nine weeks, in consequence of which, and the agitation of his mind, he had seve ral nervous attacks and hysteric fits, which bad much impaired his constitution, and his wife bciag great with child, was very had, and her I;fe de spaired of, and likely to be much ss Arse, with ap prehension, on his quitting Chester. The affidavits of three respeaable surgeont, stating the dangerous situation of th e Def er m ent ' s health, were then read. The affidavit of the Mayor of Chester, several cf the Magistrates, and a great nam'icr respv..ahle inhabitants, was then read, all of whom • Ave t;.r Defendant a most exemplary character for altj, honesty, industry, &c. &c. Mr. GLE•DE, in a most impressive, pathetic, and feeling speech, addressed the Court on behalf of the Defendant/ and the ATTORNEY Gesitit•i. made some ohservations in answer, in which be admiited the conduct of the Defendant, the character he sup ported, and the recommendation of the Jury, were strong incitements to the mercy cf the Coart. During the time the Defendant remained in Court, he was so violently agitated, he was or able to tug port himself, and, when the Court was about to Fill. nounce judgment upon him, he was in such a twos of terror, that their Lot Alsh'ps found it expedient so postpone their judgment till to-morrow; ant'. by consent of the A Trouts Ls - Gus ss E, instead of be ing committed to goal, he was sacred to go m large. MA mstom-Housk.—Yes;:rday a genteel, welLi dressed young man, underwent a second examins-• lion before the Loan Mayon, charged with being concerned, with several others, in i conspiiaty to defraud tradesmen of their goods under false pee. tences. It appeared that they had fitted op a counting-house in Nicholas-lane, Lombari-st.eet, where the goods were ordered to, but au miner was forthcoming. It appeared from the evidencst of several persons, that the Prisoner Lid i'nly acted as clerk, and that a Mr. t 3- was tbo principal; that they had ch.oned a beuse .n Rood. lane, Fenchurch-street, and when the creditois be came troublesome, removed to 'Nicholas-line. TIN prisoner male no delc- , .c, and %%as 1 - crusaded for further examicatiou. v . . . . . . . . .___!_.