The British Press; or, Morning Literary Advertiser. — London, England, 1825-01-29 00:00:00

-. • IRELAND. front the Duldhriog Pod of Wednesday:l COURT OF ICING'S BENCH. LIBEL ON THE LORD LIEUTENANT. TIAN RING, AT TUE raosectertox OT Tl' • ATTOINET CENTRAL V. CHART. Ea BOLTON JOHNSTON AND TIMOTHY HAT ON. This case came nn for trial yesterday. Coosilerable interest hay ine been i %cited, Sheriffs Lamprey and Warren, and Mr. Browne, Nub-Sheriff, were in attendance, with a party of pollee, at an early ban 4 ard, from the judicious precautions adopted. ell inconvenient -pressure in the f'ourt was avoided. The County Jnry-box was set apart for the gentlemen connected with the public press, and no either persons were permitted to enter it—a most important worn euediatton, for which the Sheriffs are entitled to our, and, le c think, to the public thanks. Shortly affer ten o'clock, the Chief Justice and the other Judges took their seats nn the Beech, what the Special Jury Panel was called over ; first on a fine oftwenty.pounds, and a second time on a tine of fifty pounds. When the panel had been called over. Mr. Towers': en, K.C. said it was his wish that the Jury should sot be sworn until the Attar • Sey.Operril was in Coert, which would be in a few minutes. Illr. Townsend's request was complied with. When the ATTONNET-GENIIIAL llND4LintoConrt he inquired if he meld see the Bailiff's warrant of the persons mentioned in the panel Laying been personally served, a. he would request of the Come to inflict fines nn every person who did not attend. The Loan Clime J I'ITICE said, that what Mr. Plunkett re. qui:eel was, not now the practice. The Sheriff returned the panel to the Court. cnd they presumed that the Sheriff had taken special care that every one on that panel bad been served. The gentlemen on the eresent par.el had been called on fine of fifty poitnele. In conclusion, his Lordship raid, that he had not seen a Baifer's war. nr_t_ these 20 years. - The ATTORNET.GTNERAL said, that what he wished f,w was a full attendanceeef jurymen. lie del not know the name of one perscn on the Jury. But the gentlemen had an important duty p perform in respect to themselves and the public. He had no esiee to question the validity of the present panel, and he could not, under present circumstances, think of causing any delay, or of objecting to the present panel, which were struck to try die Issue. The Jury were then sworn. Mr. Pee x e ETT ' jun. real the deciaestion.. 'Here the Learned ;Gentleman stated, that this was an information filed er-oficio by the Attorney-General, chargieg Charles Johnston and Joseph T. I llardn with publishing a libel nn the 9:11 of. February last, of and concerning the preset toed Lieutenant. and to the tenor and pur • port set forth in such information ;to which the defendants yneared the general issue. The ATTONNEY.GENNR•L til.rl rose and addressed the Jury. lie said it was his duty to state to the Court briefly, yet distinctly, the grounds on which he conceived it necessary to appear before - • them. But first it would he necessary to look to the nature of the allege,' libel on which the prosecution was founded, and to detail • lhe evidence en which he relied. to bring the offence home to the Vetoes chsered. In the present case there were two defendants, Charles Bolton Johnston and Joseph Timothy Haydn. :With re spect to the first of these defendants, there would be very little eteces.ity in consuming the public time, for in him would be vested the proprietorship of the p p e :ri in /3 which the publication of the libel tad appeared. Ar the .of the 9th of Feb., C. B. Johnston was re : nosed proprietor, an of this the only and conclusive evi :deuce would be affereled by the preduction of the documents entered at the Starap.alice, as he was instructed. It was heti necessary to • say something respecting the mode in which this prosecution had been coat:octal, or rather of the rumours that had been blown about reepecting the deLys that had been practised. and the manner in . which till'prOseetteen was suspend el over the head of Mr. Haydn. • I. was arms% misrepresentation to say that there were three or four differettrprosecutlens,sithotigh perhaps there was no one who bad - • regent ta character would make sech a statement. In the present 'prosecution, howevne beednsitlerel the first defendant, Johnston, as merely a nominal person ; his name was used as a pretext, and . 'he was quite secondary and subordinate to Haydn, of whom there ' ;was r. greet moral certainty that he was the author of the present libel. Respecting the delay that had been talked of, all he couldt • say wet this. that the information could not be filed till Hilary • • - Term, 1n24 ; so that all that had been said about the vindictiveness 'art the prosecutors was totally :men:ported by fact. Tiro applies. tions were made about clerical errors ; the word dun was changed se • the word bat, and the word aforesaid was inserted preceding the . • Cooney o'the City of Dublin. Of each of these contemplated alter .eatione the defendant was served with notice. yet it was ground of complaint that sufficient time Ives not allowed. It would be necessary to explain now, that by the existing law of this country. and he admitted it was a defect in the statute law that • 'needed remedy, no special jury could be had in a case similar te that nuw under investigation, ur !CAS there was a trial at bar. There vas one observation further which he wished to make. This was the first instance in which he feued it necessary to proceed against any public journalist. He did not claim credit for this; neither did he think it would subject him to any imputation whatever. lie mould state without reserve, that he was fully impressed that there were abundant occasions to justify criminal prosecutions, I 'and that it would be mean and unbecoming to shrink from the • ..discharge of his duty. but it was s duty to be exercised with deli. easy sod circumspection. Political libels on the public charactas . of public men and public mesures, were net, in his opinion, it . subjert for the exercise of the law, unless they were eakulated to . welt: mischief by unjustifiable and injurious imputation,. There were Crellin II hulesome limits of public discussion, and it was perears safer to allow a Journalist to transgress the letter of the ian, than to permit the 'pleb of the Constitution to be violated. It •WILS CDC of the proudest prerogatives of our free Constitution to `permit strictures en the structure and character of the Government, and on the political principles of its members—and he, for one, had advised the Noble Alaroils at the head of the Government rather to rely on the fair and conscientious discharge of the duties szt his otfrc—to the state of public feeling—and, above all, to the Srogress of pablte prosperity and national quiet, than to dread any censure of his political character, no matter how severe. Ilaides, he thought that prosecutions for political libels, no matter how much the libellee may have trailed in the commodity—no matter 'how much be may have ministered to the depraved appetites of a portion of the public—that abort such a person was prosecuted, th.,a tide generaffy turned. In ills favour, and he was considered as a person who had been h-rdly tteeted. Ile weld(' now draw the at vendee of the Court to the circumstances which went to fix thet publication on Ilal dn. The article appeared in the Morning Staff, of the 11th of February last. It would distinctly appear in evidence, that Haydn was heretofore connected with two other ctemblish n merits, the Patriot and the Ezening .Mail ; with this latter crab lishment he had now no corcern, although it was still published. Fortunately, however, he had been actively and zealously concerned' in it. It willbe proved, that, at the time of Ilaydn's relinquish.: meet of thee:Hun, the proprietors of that paper, wishing to secure a monopoly of him by a kind of patent, mulcted him from setting up a rived newspaper; and it will also be proved, and it was in: column:nee of this, Johnston's name was inserted in the Star. lla mle.came the sole and real proprietor of the Star in the month p;ben ►ost . Ve shall be able to prove, that before this he el l. en i the functions of a proprietor—that he had a prospectus of '.:the paper icserteel in the Finereon's Journuf—drat he paid the re vere*• of dee prospectus—that lee consulted with fiiends as to the Riede. in which the paper should be conducted—that he spoke of oils particular libel as forming no n.eun portion of the capital that ka was to set up in trade, and that he considered it as giving A kind of ;vial& existence to the Star. It will be also proved, ?hat be sent a draft of this very libel before Counsel for his .opinion. to connub whether lie was within the limits of the law. That this Counsel was eminently qualified to give advice in any question of difficulty or complexity. there is up one who will ad ...din more readily thin myself : but there is no one who knows him that is not aware that he would be the last to lend himself foe such a purpose as this. This Counsel was Mr. Cranipton, who did not „know the: be (the Attorney - General ) was aware of t ine fact. We • will Soluce the person employed by Haydn to transact this bud -nem, and your Lordships will see that no idea of profeesional con fidence an shelter the attorney from a disclosure. l'rofeadonal iconfqleute he should be the last mien to violate, or to produce the • 'violation of ; bet the circutesentees it this case were extmonlinary, • the Court would sanction no man in an endeavour to recognise • hails where safely would end, and punishment would come wn. We will prove to you that; hold February to teetaber, 13 aydn ioterfered in the menagement of the Star. sometimes super • eking articles—sometimcs the press, and sometimes the cuts, by the aid of which, lie it:men - es the public taste, and gratifies the penlic appetite. In fact. Johnston caked to act, and Haydn then became the avowed proprietor. It will also appear, that the house to Parliamennetreet aes taken in (riot fir Haydn, and that he paid various tradesmen and persons connected with the establish caret, for furnishing paragraphs, sc. He had not stated the name ' :of any witness. and he would new proceed to read the libel on which ehts-pederent indictment war grounded. . here Mr. Pet:Net:TT veld the libel, which follows: " THE PROFLIGATE LORD WHARTON. " About one hundred and fifteen years have new elapsed, 1111111 • Thomas Earl of Wharton, better known on account of the gross profligacy of his manners, than on account of his talents, which -were considerable, ruled as the bad Lieutenant of this kingdom. 411/ , Lordship had spent the earner part of his likes the pursuit of sucn sensed tII...aCUPCS as were, perhaps, excusable MOW the int. DettICCA passions of his youth ; but, as he continued so be a de .2,,,,,, lice, even after be had puled the grand elimaceerie, the vices of the offender with a hoary bead could have resulted only from • irreclaimable depravity. While the Earl continued in the Go •varnment of Ireland, his conduct was excessively offensive. Ile ire reed the Cl aey of the Established Religion uith art:dewy' ! lie viobted public decency by his low amours ! 1..-lie c., : lied the dislike of the Citizens of Dublin, as they belietled he hod thea.ded Forty Thensarid Pons& ' arid aparards, in the cosi se of Pao years, in order to retrieve hissluittered firtone !! ! And iit .disgruted the liberal part of the nation by his inordinate love qf ;power !! ! Swift has drawn the Eerl of li'liartonn character k Wert gloving colours—in such coheirs as will perpetuate the tee collection of his vices, sod resider the name of that feed Lieu seam odious to the latest time ; but the superior refinement of peesuat day will not allow, in a newspaper, the insertion of thelan. goatee oldie nod want moralist, nor even permit • mitigated desarip ;eon of the innuerahties he practised within the very wails of Dublin 'fflostiee •• Thomas, Lord Wharton, had. like most other depositories of power, his minions and his confidants. Certainly some of his fair /leashes were of the Roman ellabgic Par i l l i ii ‘ 333 . but b e bad not fait' the whole courts of his edmihisorattop et elvish adviser is a. His Lordship had around him two persons of the most depose** brume, and most werttless character.; and •altineugh be V intended to quarter every one of them upon the country, when they should be no longer necessary to him, as implements for the gratification of his avarice, or his ambition, or of another passion which was peculiarly suitable to old age, still his Isliiltip was supported by a numerous body of partisans, and influential citizens. Two reasons can be assigned in explanation of this circumstance. In the first place there was no badly in Dublin Castle at the time, who would presume to maltreat any citizen who might have condemned Left{ Wharton's political conduct— and therefore pone of the Qsessis subjects dreaded that the Vice roy, Tr.'w seas bowed to erase the laws of the land to be strictly obeyed, at least by his aunt servants. 'amid retain at his Curet may /xenon,' %rho had grossly riautcd the public peace. In the second place, his Lordship was enthusiastically attached to the principles of the Glorious Revolution of UM ; and therefore he was never suspected of countenancing, even through an error of judgment, any measure which could poeeibly tend to enslave the country under the horrible despotism of Popery. " Notwithstanding the stinking and gratifying contrast which is presented to us when we oppose to the conduct of Lord Wharton, the conduct of Lord Wellesley—a contrast so highly to the honour of the latter nobleman, it may seem to he a strange assertion, but it will be found, nevertheless, to be strictly true, that the number of Lind IWellesley's adherents, at the present moment, is infi nitely less than the number of Lord Wharton's adherents, in the year 1710—that is. after the lapse of what may be called the second year of the Viceroyship of the two Peers. It is eel dent that Lord Wellesley has lost the cordial approbation of al most all the valuable portion of the Protestants of Ireland, while his Excellency has also to endure the mortification of be ing insulted every week by the members of the Roman Ca tholic Association, who ostentatiously profess to represent the feelings, and speak tire sentiments of six millions of the people ! ' Very lately one of the orators of this despicable faction, after having inveighed, in most offensire language, against Lord administration, compared his Lordship's official letters to the vain and verbose epistle" which Tiberius, accord. fog to the statement of the Satirist, sent to the Senate of Rome , from the drar abode at Caprea. In truth, the Orator repeated the very words of th• Satirist, in the original language, to the Auo . elation ; and the newspapers which report the circumstance state, that the members laughed Immoderately at the sneer—but surely this was unnecessary so illustrate the pompous diction of the de spatches, and therefore it should not have been quoted. unless, in. deed, the Orator also intended to insinuate what would have been false, • that Lord Welieslcy could dissemble on occasions of State. like Tiberius, and that {Woodstock was as charming a place for the residence of a great Governor, as the Isle of Caprea !P— -in the days of Lord Wharton, the Roman Catholics were neutral, as they r•rther favoured nor opposed his mode of governing Ire land ; but as Lord Wellesley is openly undervalued by the mem• ben of the Roman Catholic Association. speaking in the name and in the behalf of their countrymen, it is evident that Lord I% . ellesley ought no to boast of having the Roman Catholics ranged upon his side. Indeed, another of the Association who formerly endeavoured to hunt Lord 'Wellesley's brother out of the country, lately 'pro claimed hostilities, in a similar way, against Lord Wellesley him self ! These circumstances are singularly strange ; but, what is stranger still, such eirennetaine,es never occurred during the admi nistration of Lord Wharton. 31any Protestants, who dislike the general policy of Lord {Wellesley's administration, also deeply regret that his Lordship did not, at lean in one instance, bestow the favours of the supreme power of the State with suflie.ent discrimination. Thus, the ill. fated Mr. Franks, who had been distinguished as a spirited loyalist, on account of his exertions in bringing some Ribbonnien to jus tice, applied to Lord Mile:lcy to be appointed a constable in the new police—for the young man had conceived that such an office would afford him the means of self-protection against the conse quent resentment of the insurgent peasantry. The prayer of his humble petition, however, was, if not refused, certainly not granted ; and In a short time the ominous apprehensions which the unfortunate young gentleman felt, were awfully realised, with the horrible addition of the murder of his respectable, amiable. and aged parents ! His application, which was supported by the testi mony of persons of rank and fortune, was respectful • his claims were just ; his character was unexceptionable; his usefulness—for he was a brave man, enjoying perfcct health, in the vigour of life— was undeniable; but his hamble petition, notwithstanding all these advantages, was not received, and the fatal catastrophe which ter , minwed in the assassination of his whole family, occurred in a short time afterwards. _ _ . " The Constitutional party contrast this refusal with the imme diate grant of a pension of two hundred pounds a year on the Irish 1 establishment, to another young gentleman, because that young gentleman had been recommended by Lord ll'ellesley as a fit object for Royal bounty. The merits of the latter lay in having rushed into the upper gallery of the Theatre Royal, on the night of the 14th December, lta2--and for having thereby saved the life of the Lord Lieutenant ! This was, at the time, a new and extraordinary piece of information ; and therefore those who have now to deplore tbehorrible death of Mr. Franks, and his hapless parents, deeply regret that none of the murdered family could boast of being of the /.01-Udet/ of the Lord Lieutenant ! " The young gentleman who obtained the pension of 2001. a year for life, certainly went with the persons who followed Alderman Parley into the upper gallery of the Theatre.—But the young gen tleman was not beaten ; his eyes were not blackened • his face was not scratched ; nor were his clothes even discompOsed. On the contrary, Alderman Parley, whose coat was literally torn from his back by the exasperated Protestants, was neither thanked nor pensioned ! Indeed, Alderman Dailey, who would not disarms his principles to gratify the whim of a Monarch erns, had some cause to apprehend his theatithal from the office which he held at the head of the Police of Dublin ! And at the time, too, that Al derman Parley apprehended this result, the Atterney_Deneral, who owes his station to the influence of the °reveilles, held several Protestants in gaol, uhdest a charge of High Treats's—although the verdict of an independent and enlightened Jury in a short rime proved, that the same Protestants bad not been guilty even °fa common Theatrical riot ! " But how insignificant is Alderman Parley's ease, when it is compared with the rejection of Illr. Franks' petition !—Poor Mr. Franks, with all his merit, and all his acknowledged services, could not get even a constable's place. which he solicited from Lord Wellesley, in order to possess himself of the means of self-defenes, and to protect his adored and estimable parents, while at the same time he ' should have preserved the peace of the district in which he resided. Perhaps the pensioned gentleman thinks his merit fully entitles hint to the large annuity he has gotten; and that it was quite tight to leave poor Franks, whose veins were sot the channels of noble blood, either of a regular or irregular kind, to the care of Providence! 'that young gentleman now enjoys all the comforts of else and dignity at the expense of the nation; while the mortal remains of Air. k ranks, and his parents, have not an inscription on their humble grates, to commemorate such a hide otti anomaly in the social system, as that which conferred afflu .ence on one man, without any apparent cause, at the moment when a meritorious subject, who had essentially served his country, was left to pine in want, until ferocious assassins had perfected the plan of his death, and consummated their revenge by the murder of h:s whole family." If this libel contained nothing but matter of public charge against the Marquis Wellesley. be (Mr. Plunkett) would rather let it pass unnoticed and unpunished than yin the hazardous consequences of restraining free disease:on ; but it was malignant private slander, uttered by one carrying on the trade of defamation, by a wretched calumniator totally unknown, with whom the Marquis Wellesley, at no period of his life, could have had any intercourse. He (Mr. Plunkett) therefore thought it necessary, as a duty which he owed to the public, and to the noble person so cruelly maligned, to bring the renal scribbler to the bar of justice, where an loves. Ligation might be had. The libel of which lie complained charged Lord ll'ellealey with gross profligacy ; it also called him an old and withered debauches . (Laughter.) This wu a serious ground of charge. The libel also asserted, that Lotd Wellesley did not indulge in that liberal expenditure and generous hospitality which it was the duty of his high office to afford to his Court. it charged the Lord Lieutenant further, with an inordinate love of power, with gross immorality, with public indecency, and with indulging in low amours. This was a serious imputation. It was holding the Chief Governor of this country up to contempt and odium. It I was calculated to interfere with the public duty of the Noble Peer at thehezd of the Government, because, if this charge went forth unrefuted, and unprosecuted, it must be quite evident that the public would attach some credit to the imputations. It was there. fore that lie appealed to the King's Bench to interpose its authority. But the article, headed Lord Wharton, was not the only libel that bad appeared. He would read to the Jury another, giving an account of the assembly at the • Castle, en St. Patrick's night. (Here Alr. Plunkett read the article from the Star.) Now, this was talse, and Haydn knew it to be so, for he had fabricated the falsehood himself. It was a malignant slander, as all the suite of Lord Wellesley could prove. The household of the Noble Lord were in attendance—they could be produced at a moment's notice—they would not require the for. mality of a subpoena—they would appear at once, and submit to die most rigorous examination, to have an opportunity of proving the rank falsehood of these odious calumnies, which were as false as hell.' (The Attorney-General pronounced these words with great force and energy of manner.) Lord IVellesley had passed his time in a very diKrent manner from that described. He passed it in the discharge of an arduous duty, and the pursuit of those liberal studies and .elegant recreations which had been the de light of his youth, and which were tie solace of his age. He (51r. P.) did not care for what sect, or to what party, the Jury belonged, but he hoped they had the feelings of gentlemen and of C'hristians. He would be followed by able and eloquent Counsel. but he was at a loss to think to what topics those gentlemen would address themselves. They would hardly, he thought, rise to justify topics, on the ground of the freedom of discussion, which he con sidered deadly and tkstructive. There was no more anxious friend to the freedom of public discussion than himself. He hoped it would live as long as the t'onetinition of the country ; but that indeed was an idle wish, for the Constitution of the country could not exist without it. But if even the Constitution were to be over. thrown, and long distant may that day be, it would be overthrown by the unbour.ded and unpunished licentiouanclui of the press, destroying its freedom. Ile was not one of those who would mea sure expressions uttered in the warmth of the moment. (Here Mr. O'Connell smiled, as did many of the friends of that gen tleman.) But here was a deliberate, a wicked attack on private life. Haydn never thought of Lord NYellealey at all ; he was merely a worthy gentleman compiling a history of Irela nd for the edification of the public ; and perhaps the Counsel on the opposite side would blame his officiousness for seeking to fasten the words on bord.‘Velleslay ; but it was the general rule, that words were to be taken in the general sense which readers annex to them. If the Jury conscienutously thought that these words were a mere ebstrut piece of history, they were bound to find a verdict toe the defendants. Yes, he would say, they were bound to find a verdict fur the defendants ; but they must come to the conclusion that _~. ..). THE BRITISH PRESS. Haydn had abandoned the lofty path of politics to pen historic anec dotes of tittles past—that there was a comparison between Lori Wharton and Lord NVellesley, and the contrast was striking, and could not be mistaken. Here the Attomey.General went over the various partages of the libel. and applied himself to prove, that in the latter part of it Lord Wellesley was distinctly mentioned. In allndicg to the former part of the libel, he said it came within the case of the King v. Eaton, in which the late Monarch was com i t - pared to the tyrant Cook, and to the cue of Lord Wharton, the son of the Lord Lieutenant of Ireland, who was described as Verres. They, in the progr.:ss of the case, would resort to eel dence charade, and sustain the indictment by the contest, and by other publications subsequent. In the Air at the lllth March, the company at the Levee were compared to the `' riff raft'." It was satd that the wife of a cheesemonger was present, and this was made a subject of ridicule by the buffoon, Mr. Haydn. It will be proved that a list of the company on this occasion was sent to the Slur Office, and that Haydn spoliated it, and altered it. It was true that the Irish Court was not as crowded, or as elegant as it was wont to be before the Union, but this was not owing to Lord Wellesley, who maintained a liberal and splendid hospitality here, unequalled by any thing he (3lr. Plunkett) remembered since the time of the Duke of Bedford. Notwithstanding, this wretch has emu forward to brand hitn—and, like • purchased villain, to proclaim what lie knows to be false. The Right Honourable Gentleman said, it was painful to him to be obliged to come for ward thus, but as a public officer he had endeavoured to do his duty, for which he had the best attestation—the disapprobation of the violent of all parties. A discussion now arose about the withdrawing of the witnesses from Court, in which Mr. O'Connell, the Attorney and holicitor Generals, and 31r. Sealy Townsend, took a part. Much merriment was excited at this stage, by Mr. Bourneville announcing that the witnesses were to remain out of bearing, and to come when called. The Bench very heartily enjoyed this bull. Witnesses were then called and examined. The examination of Mr. White led to the following legal discussion :- 1 Rody White. examined by the ATTORNEY-GENERAL—Is an Attorney : was it schoolfellow of Haydn's, and was intimate with him for the last two years. Haydn consulted witness on several occasions and subjects. 'Witness considers that all communications betweeehienself and Haydn were strictly confidential and pro ! fusionist.. Ina you recollect having been applied to by Haydn in the month of February, respecting a manuscript ? I have no wish, 3lr. Attoroey-Geaeral, to evade the truth of any question put to me. but I must decline answering that question, a 4ty communication between Mr. Haydn and myself about plant'_ scripts was professional. Witness was concerned for Haydn about that time in law proceedings. Ton question, whether those proceedi ng s were connected with the present presecution, the witness declined answering, as it was a communication. _ _ The ATTORNEY-GENERAL said, the Court must first know the circumstances of the communication, in order to decide whether it was a privileged one. Mr. NORTE( submitted, that privileged communications were not limited to cases where suits were pending, but to any subject which required professional advice. The Axxolisixy-Gtxxnat. said, he did not ask u to the nature of the nraqnscript, but as too manuscript. The Court thought the witness might answer the question re specting a manuscript. The examination was then resumed—witness was consulted about the beginning of February, respecting a manuscript. The AT T ORNE Y•CiENZ AL—Wrill there any suit in which Mr. Haydn um plaintiff or defendant about the month of February, and in which you were concerned for him ?.—I don't recollect that there was. _ _ ATTOR NET-GENERAL—NOT any suit for property depending, relative to a manuscript ?— M Hay dn, as Editor of a paper, might consider there was some property in the manuscript. ATTORN EY.GENER•L —This is a matter of law—it is an in. discreet answer; and Ido not want to avail myself of it. But were there any proceedings, civil or criminal, against Mr. Haydn at that time?—There were not. Not with reference to any right or privilege then depending, in which Mr. Haydn was concerned ?—I believe not. Was there any crime committed at that time, for which Mr. Haydn was liable to be prosecuted ? Mr. NORTH objected to this question. The Oster Jc ST ice—Mr. Attorney-General, we don't think yon can ask that question. ATTORNET-OENERAL—The distinction I wish to make, is with the view of having it decided how far the witness is within the limits of his professional privilege. If Haydn consulted the witness, for the purpose of knowing how he could safely violate the law, that communication is not privileged. But if he committed an ffence, and consuhed his attorney, as to how he could defend him, then I concede that I have no right to ask him. Judge 111.711 TON.—That is, perhaps, rather anticipating what should come front the other side. The ATToa W/Y.GE PIE artz—l think so, my Lord; I will now come to the contents of that manuscript, and ask the witness what they were. dir. NORTH objected. The ATTORNEY-GENERAL—The question then is.—whether a party, having no legal right depending, civil or criminal, consults a professional gentleman, with respect to an act which he in tends to do; and if that act being done, is detrimental to the laws of society and interests of the public, has that profes sional person a right to protect himself from a disclosure of those fiefs in a Court sf Justice? If it is discretionary with a professional man to consult his feelings as to what he shall con sider a privilege-it communication, how is the law to be drawn between the most trivial and the most serious offences? If a man consult his attorney, mating his intention to commit mur der or treason, and requiring to be advised as to how he can do either with impunity--and if, after the commission of the crime, the attorney should be asked as to the fact of his having been consulted, should he have the option of deciding whether he should screen the offender from justice, under his proles. sional pririlege ? The law knows no such officer as an adviser how to come.:t crime safely, nor consents to tell what is or what is not cr:ttie--though it recognizes an adviser to instruct an offender how to defend himself when prosecuted. Mr. Towsratnn contended that the privilege was not that of the attorney, but that of his diens. If Mr. Haydn handed a libel to 111 r. White, his attorney, and handing it would be publithiug it, could it be maintained that Mr. White, the only compe tent witness to prove the publication, could shelter himself under his professional privilege from giving evidence of the fact ? Could the libeller, by his own fraud, purchase his in demnity ? The CRIET JuITICE—Do you urge it then as &publication If blr. TOWNSEND—I do, my Lord, so far as that--for there is no privilege for publishing a libel. 111 r. O'CONNELL, for Mr. Haydn, said--It was quite familiar to every lawyer that there were miny modes of distributing pub lications that were libellous, and yet privileged publications. It was notorious that newspaper printers are obliged to inform the public of many occurrences, the publication of which may be li bellous, but die suppression of which would be an abandonment of their public duty ; and if such a printer should consult Coun sel as to the safest terms or form of publishing it, shall it be said that the attorney who may convey or submit the case to Counsel, shall be brought into Court, and made declare what passages were omitted ? It was but the other day an article appeared in a newspaper, and there was attached to it the opinion of Counsel, that " this case, as it now stands, is not libellous:" and was a printer, anxious to avoid offending the law, to be denied the right of taking the precautionary measures of obtaining pro. fessioncl advice how he could best do so? The SOLICITOII-GENEYAL submitted, that the professional privilege now sought for could not exist consistently with the laws of the land, for no man was privileged to advise how to commit crime ; and an attorney or any man would beguilty of a misprision of treason, it' he were consulted upon a treasonable project and did not make it known. The attorney has no privilege but that which originated in the absolute neemaity for men, in some transactions in life ' to consult those who necessarily are persons of better judg ment than themselves ; but it never was intended that such a ne cessity was to be the foundation for counselling the commission of crime. The tight of every man to consult confidentially his legal advisers, was not denied, nor attempted to be infringed upon, by the examination now contended for, because the rule did not go to &fleet those who consulted Counsel for some useful purpose. The Con IT consulted for some time, and deferred their deci. elan titan) the point. After the examination Of two other-e Assesses, she Court adjourned to this day at ten o'clock. General Sir Wm. Parker Carroll was near the Bench ; and on the other side we observed Mts. Kemmis, Mrs. North, Miss Bushe, and two of the young Mr. Plunketts ; at the table sat the Reverend Mr. Keogh, and nest him was placed the Reverend C. Bardin. We never remember to have sees so crowded a bar since the er. officio trial. Mr. O'Connell sat within the bar, next the King's Counsel, and exactly opposite hint was Mr. Brownlow, 111. P. for Armagh. The lion. George Knox, with a party of Ladies, and several Dragoon Officers, were also present. ACCIDENT to LADY MOSTYN.—A serious accident be fel Lady Mostvn on Tuesday evening, as her Ladyship was returning from Spring Bank, about eight o'clock; one of the wheels of the carriage slipped into a water-shoot, and the shock precipitated the coachman from the box, who immediately ran to the heads of the horses, but was knocked down, and the wheels going over him, he was se verely injured. The horses proceeded at a smart trot about 200 yards, when unfortunately Lady Mostyn attempted to leap out of the carriage, and it is supposed that her clothes entangled in the wheel, by which she was thrown down, and her head and face dreadfully bruised; she was taken up quite insensible, and conveyed to Spring Bank. Several medical gentlemen were immediately lint for, and an ex press despatched to Sir E. Mostyn, at Leicester. The horses proceeded to the Barbourne turnpike, where the keeper, as usual, threw open the gate, with which the car riage came in contact, and the splinter-bar was broken. The footman leaped from the carriage at the first, and at tempted to stop the horses, but was unsuccessful—Fire o'clurk.—We regret to add, that we have just received in formation. that Lady Mostyn's case is exasidered quite hopelcsa.—Keceecr Journal. . * POLICE. GUILDHALL. An application was made to Slr James Shaw on Tuesday, for summonses against three tradesmen, resident in the Ward of Queenhithe, for carrying on business on the Sabbath-day. The worthy Alderman declined issuing the summonses. because the conduct of the parties, who were acknowledged to be very poor, had not been of a very flagrant nature. Mr. Alderman Venable' on the following day waited upon Mr. Alderman Scholey, who presided for Sir James Shaw, and stated that he feared some mis understanding had taken plate, or the summonses would have been granted. After a great deal of conversation Mr. Alderman Scholey refused to grant the summonses, observing, that Sir James Shaw must have had some cogent reason for objecting, and he did not conceive it would be quite proper for him to issue what had been previously refused by one Alderman, who had had the case fully stated to him in the first instance; however Mr. Alderman Ve nable' eventually left the office, upon the understanding of his making another application on Friday, when it was probable Sir James Shaw would be present. Accordingly, upon Sir James Shaw's taking his seat yesterday morning, Mr. Alderman Ye nables made his appearance, and said, one of the beadles of his Ward had applied toe three summonses, and which application had been refused. He considered the offence for which the summonses had been requested, via. keeping shops open on Sundays, and daring divine service, was one that ought to be stopped, and the only means of so doing was by putting the law in force. Sir J. SHAW wanted to know what sort of articles were exposed for sale, and whether the parties were not very poor Smith, the beadle, said they were poor persons, and the goods, were wood, herrings, hearth -stones, matches, and such like. Sir J. SHAW observed, that there would be great difficulty in proceeding, and which could not be done on a summons; it must be by an information, and a written one, stating the nature and all the particulars of the case; and upon that a summons would be issued against the parties, who will then, having been made ac quainted with the complaint, come to the Office, fully prepared to meet the charge: this not having been clone, he refused to grant the summonses. The worthy Baronet then commented at some length upon what had taken place between Mr. Alderman Scholey and 31r. Alderman Venables. . . 31r. Alderman '.ww.ant.ss then said, the penalty incurred was five shillings. Sir J. SHAW said, post certainly not, for they were not liable under the Act. And arother reason for his refusal was, on account of the offenders being very poor, anti most probably unacquainted with the laws of the country; and, indeed, this law was almost obsolete—he had thought he had only six or secen complaints under it during the period of hisllagistracy; and had the beadle come prepared agreeably to the Act, he (Sir J. Shaw) should have ad. vised him not to press the matter. The Act rendred it necessary to identify the articles exposed for sale; and he should like to know the possibility of goods of this description, and which must be taken upon a warrant, being sworn to; and upon that being done, they were forfeited. The Alderman issues a warrant for the seizure of the goods, sod at all times the seizure must ht made at peril, and should the identity not be proved, then the party seizing will be liable to an action fur trespass. Mr. Alderman VEWATILES wished to know whether it was not optional ? Sir J. SNAw—No, it is not; from the nature of 'our applica. lion the whole complaint becomes :1 : )ou should not have gone upon the Act. Mr. Alderman Vzsaings thought that the Act 29:h Charles If. was in their favour. Sir J. Straw—The Act is 29th Charles 11. cap. 7, and which renders the exercising of a person's calling, or working, liable to a penalty of U.; but in this instance, where it is only exposing for sale, the goods are liable, upon identity, to be forfeited. Mr. Alderman VEHAHLES asked Smith whether the beadles had not frequently complained to the parties? Smith said they had. several Sundays. Sir J. SIIAW said, the only and the proper method to proceed upon was, to produce a written information, upon which a sum. mons could be granted. lie then read the Act of 2Vth Charles 11. which having concluded, he remarked, that the goods must be sworn to, otherwise a trespass was committed. An information must be duly produced, upon which a summons would be granted, and which summons not being satisfied, the Magistrate grants a warrant to seize the goads, but the identical goods, and not any that may he in the limpet the period of executing the warrant. Sir J. SHAW said be should sit there to-morrow, and if the writ ten information wasiliegralaril brought before him, he would issue a summens. •, • mi.. Mr. Alderman V.ithridefirtha observed, he drew a very different inference from the Act than Sir James Shaw ; but if the law was deficient, he thought it high time the legislature should be made acquainted with it. and that it should be rectilicd. The Alderman then withdrew. Before the conclusion of the busincu of the day, Mr. Alderman Venable; returned to the Justice-room. and informed Sir James Shaw that he had consulted his Ward Clerk, who held a different opinion upon the Statute than that which had been expressed there, and that he still thought that exposing goods to sale, especially if there were any sold, must certainly be considered as exercising the business of a person's ordinary calling ; but he had determined not to pursue the complaint against these persons in the present in stance, and they had been cautioned that if they continued to offend in future, proceedings would be taken against diem. C 044 CO Kr.d/V/ES. TO THE EDITOR OF THE BRITISH PRESS. Sta—l beg yea will call the attention of the public to the existence of the 48th Gee. 111. cap. 53, prohibiting " any number of persons uniting in covenants or partner ships, or in any way whatsoever, consisting of more than five persona, for the purchasing of coals for sale, or for making regulations shit respect to the manner of carrying on the said trade in coals, shall be deemed and adjudged to be an unlawful combination to advance the price of coals, and every person coneetned therein shall be liable to be punished b 7 indictment, or information for the same, in his Majesty a Court of King's Bench at Westminster." I am, &c. 47th Jan. 1825. X. Y. Z. BRIGHTON VhSTRY. One of the most tumultuous assemblies we ever wit nessed took place at the Old Ship on Tuesday last, in con sequence of it being insisted upon that the Vestry Act of 1618 and 1619 should be carried into effect, to regulate the Vestry which bad been called to receive die report of the Committee appointed by a former Vestry, for the purpose of carryings New Bill, for the better regulation of the Town, through Parliament. An unusual degree of in terest had been excited respecting this important subject, and a very large number of inhabitants had got together ; indeed, it might hive been fairly considered, that all per sons having an interest in the town were present. This attempt to depart from the course at all times adopted in our Vestry Meetings, and that without notice, produced a moat violent clamour. A large portion of the Vestry felt indignant that the new law should thus unceremoniously be iusisted on, whilst the other party cried out for that law, and that law only ; and so very intemperate was the line of conduct pursued, that the Clerk was actually required to read the Act previous to order or silence having been obtained. At last the Rev. H. J. Taylor tock the Chair, with the unani mous concurrence of ail parties. The debate then com menced, and at length was confined to whether the meeting should dissolve, in order that a Town Meeting might be convened for the consideration of the subject. In order that the opposition, tylieli appeared to be buried in obli vion by both parties, may not he interrupted, we shall not at this time enter into the arguments of either side ; it is enough that they united before the close of the Meeting, with a desire of coming to a unanitnous feeling on the clauses of the Bill on which they differed, for which pur pose it was finally determined to separate, and report pro ceedings to a Town Meeting to be held on Friday. Fite two Committees, or, as we hope henceforward to be able to designate them, the Committee met yesterday to settle the qualification and rotation clauses, and other matters of con sequence ; and we learn, that after much attention to bu siness, they resolved to adjourn, to meet every . evening at six o'clock, until the Milk completed, and, in all respects, fit for the approbation of the town, consequently there will not be a Towu Meeting on Friday.—Brighton Gazelle. T NRUM NITY.—(FrOI I I Gore's Liverpool Paper of Thurs day.)—lt is with deep feelings of sorrow that our duty, as public journalists, compels us to insert the following para graph, which comes to us from unquestionable authority, in the hope that this public expo►ure may operate as a useful memento :—We exceedingly regret to hear that the surviving crew of the Diamond American ship, lately wrecked near Barmouth, should have cause to complain of inhospitable treatment, on their route to Liverpool. The inhabitants of jtals, sea body, we know, are uot, by any means, implicated in the charge; but these poor sufferers, although they had money to pay, were peremptorily ordered out of the public-house, in that town, and it was with difficulty these strangers could obtain a lodging for' the night.—This was not the way in whieh we read, in the glith chapter of Acts, of the shipwreck of St. Paul:— " And the barbarous people showed us uo little kindness ; for they kindled a fire and received us every one"—" and lodged us three days courteously." In consequence of the operatives having contradicted the statement, that they had returned to their work uncondi tionally, some of the mills that bad began working are again 6UL—filo:foto Chronkk. MARKETS. CORN XCHANCip, FRIDAY, JAN.I6. Fine Wheat vras heavy sale, thOugh not cheaper than on 31.0._ day, but middling and Inferior saulptes were Is. to 2s. per /ewe , lower. There was rather more sale for but Barleys this inomtag than on Wednesday, at a decline of la. to 2s. per quarter n Mon 's currency, the stained inferior descriptions heavy safe at the Mon de The Oat trade was not very brisk to-day, and once, this article, as well as Beans and Peas, rated much as on 31e:Idst Wheat - Rye Barley . NEWBURY. BEAKS, JAX• 27 5 0 11 to COs I Oats . . Igs to :O. . —s to —s Beans . 361 to St, -28 a to 45s Peas - Its • ao s Bread, per gallon, Is 7d to Is 8.1 DEVIZES, JAN. 27. Wheat and Beans at per sack ; Barley and Oats per quart*. Wheat -211 s 011 to 334 Od Oats -22 s to 31. nt B a rley - I (hi to 47e 6d Beans . 19s PIP 28s th: Wheat - Barley t - iItYNGERFORD, JAW. 26. 60s to 76s Oats . I 30. to 42s Beans - 41 e ti 33, 43s to Xi Wheat Barley SALISBURY, Jaw. S. 60s to 61341 Oats . . 30s to 47s I Beans Wheat Barley ‘VARSIINSTER, JAX. 22. . 1411 to 723 Od nib -30 s to 424 Ud I Beans SMITHFIELD, FA DAY, JAN. 28. 3s 4cl to 4. 8d Veal - 5s Od to C., 4d I . 3s 4d to bs ttd Pork - 3s 4d to bs 14 HEAD OF CATTLE TKIS DAY: Beasts, 402 I Sheep, 2,1100 Calves, 150 I Pigs, DO. ?OS to • Ms tr. VI 23s to 30. 4:6 tr 61k Beef . Mutton HAY-MARKET. Hiy (Old) - 41 4s Od to 3/ Os Od New Inferior . 31 Os Od to 41 4s Od Clover (Old) . Os Od to 31 101 Od Ditto (Inferior) . 41 Os 00 to 41 1k Od Strew . . 21 Os Od to 21 es Od NEWGAT 'E AND LEADENHALL—(Bytite Carcase). Beef .' 2. Ad to Is Oct I Vaal . 3s 4d to :Ps 4d Mutton . 3. ad to is ad jPork . 3a Id to Si 4,1 PRICE OF BREAD. The highest Price of Bread in the Itletropolis Is I Id. for the four-pound I,oaf. There are others who sell from s halfpennt to three halfpence below that rote. PRICE OF POTATOES, JAN. 28. Potatoes -13 s Od to 5l Os Od per Ton. Yorkshire Kidneys 4/ 10s Od to 31 Os Od ditto. PRICES OF H4V ST. JAMES'S. Ray 103 s Od Ditto (New) —s 011 to —s Od Closer . 73s Od to 103 s 04 Straw . 31s Gd to 40% Od AND STRAW. WKITECH•PIL. Hay . 64s Od to 103 1 04 Tarmac . — 1 Od to —s Od Clover . BOs Od to 1201 Od Straw -40 s Od to 44s Od PRIL E OF HOPS. per Cwt. .1 Ax. 28. POCKETS. Kent — 67 is to 81 Os Sussex . 61 ens to 61 16. Essex . 61 Ils to 71 10s Farnham, fine 10/ Os to 121 PRICE OF TALLOW Torn Tallow -50 s 04 Yellow Russia . 42* 04 White ditto -40 s Od Soap ditto . 40s Od I Melting Stuff . 32. Ott Ditto Hough - 2ls Od HAGS. Kent . 151 to 71 7, Sussex -6112 s to 61 41 Essex - 61131 to 6115 s IN--Seconds 91 Os to 101 Os SOAP. dce. per 1121 b. Yellow Soap - Mottled Curd Graves Good Dregs ' 741 Od 821 Od 86s 01 114 Od Os Od - • RAW HIDES. Best Heifers and Steen. Ordinary . 21 6d to 24 per stone - 3 / 1 2cl to 34 ad Market Calf (each) . tis Middlings - 2s 10t1 to 3s Od PRICE OF LEATHER, per lb. Butts, 50 to Mlbs - - PM to !Od Ditto, 56 to 661bs - . . 2=d to /Tel Dressing Hides . . . . 15d to IA Fine Coach Hides - -19 d to 211 Light Crop Hides, for Cutting, 35 to 401bo . 15id to lid Ditto, 45 to 501bs . - - - 17jd to 190 Calf Skins, 36 to 40Ibs . - 2N to 261 Ditto, 50 to 701bs . . . . 24d to 28(1 Ditto, 70 to 1011bs . . . - 23.1 to 2Ad Small Seals (Ureenland) • - . 174 to It-d Large Ditto - . . - lid to HA Tanned Horse hi hlcs . . . 13d to MI Spanish.H Me Hides - - - 14.1 to 2la Ships at Atariet. 193 Newcastle 2 :Sunderland COAL MARKET, JAN. 28. Ship( Sold Pries. . 41 . . 31s Od to 208 041 2 . 40s 34 to [From the London New Price Otrrent, Jan. 281 ". COTTON-The Cotton market has been very quiet this week; the prices are without any variation. St7O.lR-The demand for 31userades duchig the week hes been steady, but not cmetunve; there has however been a good proportion of sales, when the small quantity of good Sugars is show is taken into consideration; the late advance has been fully supported. In Refined Goods there is little alteration to notice; the quantity at market is quite inconsiderable, but the ilernand this week has been languid ; the late prices are supported. There was a public sale of white /I avannah Sugars on Tuesday last, hut the whole, middling to good white, was taken in 395. a 425.: the inquiries since by private contract have been considerable, but there are tier purchases reported, on account of the high prices demanded by the holders. COFFEL-The demand fin British Plantation Coffee continues general and extensive; the prices are still imploring ; Jannum ordinary descriptions are Is. a 2s. higher this week, ordinary Deme. rare sail Berbice 2s. a 3s. higher; the Foreign without any alters. tion; St, Domingo Mts. and 001. good to lire ordinary Brazil r , rts. a 63a. There was a considerable public sale of Coffee this fore. noon ; Jamaica was again 2s. higher, 'hitch 3r. a Is., Brazil end Cuba at the advance of Is., fine ordinary Cuba 675. a Efts., fire ordinary Bread 62e. a fib., fine fine ordinary Jamaica ns. a 775. 6d. middling Dutch 905., good middling 103 s. ; we cannot quote St. Domingo biglier than t9a. or ells.; but after the advance of the prices to.day,of course, notion-hears could be made at these prices; the advance in Coffee is now general, not confined as formerly se the qualities for home consumption. RUM, BRANDY, and lIOLLANDS.-The demand for Rum continues suspended; the proof Leewards are, however, so scarce, that the late advance is fully maintained ; no purchases can be made under Is. 6id.; fine Jamaica. also are held at the late highest quo. tatien ; all intermediate qualities may be purebred at a reduction of fully Id. per gallon, and the market heavy at the decline.... Brandy • is still very firm, 3s. Id.-Genera remains nominally at Is. Ild. a 2s. FM:LT.-There is very little alteration to be noticed in Fruit ; Currants continue in good demand, also Pulled Figs in drums, for which a small advance has been obtained ; Red Smyrna Raisins see rather a dull sale; Black ditto go of freely at the present prices; of the common Spanish Fruit there have been no arrivals lately. INDIGO-The sale finished on Tuesday; the quantity was 4,138 chests. The sale opened with spirit, at an advance on the last sale of Is. 6d. a 2a. on the good and line qualities, and Is. 3d. a Is. 6d. on the ordinary and middling. On the ensuing days that spirit increased, a further improvement took place, and we quote now the advance of 2s. a 2s. 6d. in the middling, good, and fine sorts, and Is. 6d. a 2s. on the ordinary. The good and fine sorts of Oude Indigo were run upon, at an advance of 15.61 a 5. Rd. but middling and ordinary went off without spirit at 3d. a higher than last sale. The Madras were all sold at an advance of 21. &I. The whole quantity that has been bought in may be esti. mated at about 900 chests, Me of which are middling and ordinary Oude. SlLK—Bengals are at a premium of two guineas per bale, Chinas at a premium of 21. a 21. bd. per lb. on the last Last India sale prices. SALTPETRE saltpetre has lately become a great article of speculation ; the price today is 21s. a 245. Gd. ALSIP and TALLOU —Hemp is unraried, 421. Tallow is heavy ; gte nearest price today is 391. BIRTHS. On the With inst. in Saville-row, the lady of the Hon. and Rev Henry E. B►idgeman, of a son. On Wednesday last, the wife of Mr. John Anderson, bookseller, West Smithfield, of a son. On Saturday, the 22d instant, Mrs. Hebbert, of the Strand, of • daughter. MARRIED. On the 27th Inst. by the Rev. Thomas Ilyds Ripley, the Rer. William Hutton Wilkinson, ILA. of St. John's College, UAL bridge, and of Nether Hall, Suffolk, to Eliza Caroline, daughter of 0. B. Tyndale, Esq. of Lincoln's Inn-fields. On Wednesday last, at Norfolk, Charles Loftus, Esq. third son of General and Lady Elizabeth Loftus, to Jane, youngest dsughter of the late Colonel John Dixon, formerly of Rainhain.hall, Nor. folk, sad Harley-street, Cavendish-square. On the 98th instant, at Lichfield, Bructon Gibbons, Eaq. of Birches-green, near Birmingham, to Eliza Lucy. youngest &iuit. ter of the late Charles Leonard, Esq. of Hampstead, Staffordshire. On the 27th instant. Francis Frederick Rongcmont, Esq. of Dul wich, to Alarianne, youngest daughter of Alexander Glenn'', Esq of Great James-street. DIED. On the 23d inst. after a short illness, at Iloleen. Somerset, tr. Warr . ,v Esq. principal in the Sturmitister Bank, Dorset. At Banff, on the 16th inst. Batilia wife of George Robinsoe. Esq. late Provost of Ban ff ', aged 80 , universally respected, ami deeply lamented by her family and friends. At Calais, on the 22d instant, aged 13 months, Philip Hem". this' atm of Robert Gun, Esq. of Mount Kennedy, county Wick low, Ireland. HIGH WATER THIS DAY AT LONDON DRAM Moping 5A min. aft gr 8. I Afternoon 31 lain. atm 9. Printed at THE BRITISH Blitt'SS Office, by J. W. Ilismiams. ICI, Strand, and published by It CANsilli4 mos Are. / 7, 0 4