The British Press; or, Morning Literary Advertiser. — London, England, 1818-01-19 00:00:00

COURTS MdRTIAL. Ilse Coma Tlartial on Colonel Ahernethie. of the Royal glaiiiirs, I hlw.i its sittings on rriday, at Woolwich; and , :te 111 . 11illICC was 4ansenittrl to ItIC Admiralty fur ap t-roi aI, prey ~,,, In Its prosuutgatiou. In the emirs, of op, proc. riliug*, it was adduced, as the opinion of the At ...wary-I:. 'sea al, that an Officer on half-pay, is not a perm. (Ehnen die Arto le• of War can take cognizance, or to whom they can at all refer inn public transaction. A Court Martial as*ernbled on Saturday morniwg, at ttootimosith, for the trial of Mr. Midis, carpenter of the 'rebel. for enibtzeiement; when the Court agreed that the large bail been proved; but in consideration of the caret kessi character hr previously bore in the service, did adjildge tear ka be only dismissed front hit Majesty's on vice.— Members of the Court—Captains Alexander (President), Ulcer*, Wise, Roger. M. White, Shifter, Muoraum.— Giettliatu, Esq. Judge Advocate. FUNERAL OF THE L.4TE LIEUTEX4NT EDMUND HAILE)°, ‘lllO WAS WALLED IN A DI 'l'?. ST MR. 'Meal/ORE On Friday the remains of this gallant young Officer were removed iii it shell from the I 'e of Slr. Adarno, id England-lane, Chalk Farm, where foe was taken after the fatal duel, to the Wheat sheaf Tavern, St. Pancras--and from thence, the tame evening, to the house of Mr. Chippenden, undertaker, Greek-street, Soho, who was the per tain lotin:aril to conduct the funeral, which took place yesterday afternoon, at three o'clock. Pre cious to that hour, the street was crowded with a %set o. her of spectators of every description.— At the appointed time, the body was I ght nit trims the airiirtmetit its which it lay, soil put Into the firarte. The crlin was covered with superfine Hack cliiilt, and very tastefully mounted with plated sail, clasps, !wadies, &c. 000 the breast plate of the coffin was the following inscription : LIEUTENANT EDIII.:ND BAILEY, Aril January the nth, 1818. Aged 26 'ears. The proceiwion moved to the place of interment in the following manner:— The Funeral Conductor, Mr. Chippenden. Teo Mutes, with white scarfs and hat-I/Audi. Slate lid of ostrich readier*. THE HEA ILsE. Ornamented with plumes of black ostrich feathers, drawn by four black horses, covcrril with black rrlvrt and photon of black Pothers on ihrir heeds. Two_ Mournitak Coaches, containing . ten Geotlemen as Mourner., in derp mourning, with black silk glove., silk sashes, 41141 had.hmills. _ _ In the first Coach were Major O'Shauglines.y, Mr. Grant, Mr. wile, an Mr. M'Grath, jon. and Capt. Carter. In the si valid Coach were Mr. Clarke, Mr. Johnston, Mr. Supple, Mr. Haines, and Mr. Ailani.. 31r Grant'. private Carriage, with the blind s up, the coach . - . . . usan - astd footman ;ill. black uli: bat-baud:. The procession was closed by about forty Gen- II ntru, Officers in the army aunt wary, o trAkril two and two. It proceeded along I:reek-street, by tiolui-seluare. Carli•le-street, down I)rato-strtet, to Si. Anne's Church, into alto+ the loaf). W 3•4 taken. followed by the mourners coil the frirods of the deceased. The Rte. Dr. M`Leod unlined the funeral service; after which the body war carried, followed in procession, to the church yowl. ..here it VIM interred in it deep genre on the ri; 4 111 hand sole of the entrance front Dean-street. Asnong the Gentlemen In the walking procession, we noticed Mr. Delany, Mr. Browii, Mr. Brooke'', Alf. NValker, Ste. &c. The Tigris, Captain listinEasots, is paid off. The Pike ,c 1 i has been reduced in establish nolo. and te.coininisi.ioned by Lieutenant StanN 1101'11 rile:oll. Lirtitettamt GABRIEL is appointed to the Spar/int.—Mr. J. SM APE 1 , 4 ppolitteit ruiner. NIG J. It ouut: Surgeon. owl Mr. W. WHITE (2) 111•1•tcr, ul doe Varian. Messrs. Bassos, and NI AS, Mldslopmen, of the cNefli Charlotte awl Foil:ear, are appointed to the ships to Norti.-urst Passage. The shy Padre .!;erno, commanded by the PortnyueM CeiDIVIII DAVID Mu.r:uEa, departed front Jn i rin in 1660, trod run to the northward, nearly in et degr.-es of latitude. from whence he stwrtdl lirt%%rrus Spitzbergen and Greenland, and 1)31%.1114 , to the westward of Scotland and Ireland, rrtiornril to I hporio. The ()wt.lt Coptaio VANYOUT 14 Pcaicl to hive oetwitly got solo the Soul!' Sea, by Iludsou's Stravo. . Captain ROBERT I.ARKAII (of (iospor) is Ap iraautral wie of Ow Caplet°, of Greenwich I lu•pital, tire Captain Ituvitiourono, deceased. the extra vitt Its employed in the Navy Pay- Office (about fifteen), were discharged on the Ist _ . LAN miELLicEnck. COURT OF CHANCERY, SATURDAY, JAN 17. tAwrs V. THE COMMISvIONERS FOR FRC/A/SING TWICKENHAM COMMON, CHARLES IbIMMONDS, ESQ. and OT/lERS. , I/I this Cam Sir SAMUEL HOMELY applied for an injunction to restrain the. Defendants from con verting an ancient pond upon Twickenham Coin moo, from which the neighbouring inhabitants bad from time irumemorA enjoyed very great and lin portaut advantage, hot.) private property, under the powers of the Enclosure Act. It aim urged by the Learned Cuuiivel that on the pond iu question, which contained water of the best qua lity for all household purposes, depended the livelihood of a vast number of persons ; and that the right of sole occupancy to any particular part might be the means of iiquring the whole; he admitted that a watrriug place was left for the pub lic, but that was not sufficient while it was in the power of any individual to convert a part to pur poses that might eventually prove destructive to the whole, as regarded the uses to which the water was at present applied. Mr. Wa.itt supported the motion.—lnjauction granted. COURT OF KINGS BENCH, GUILDHALL' SATURDAY, JANUARY 17. AaMHNEEi of MAYOR P. PATTEN and ANOTHER. This was an issue directed by the Lord Chan cellor, to try• the validity of a certain conveyance executed by the Bankrupt, hearing date the 31st of December, 11313, by which he conveyed to Mrs. Mayor, by her marriage settlement, hi. right and title to a certain house, situate in the Circus, near the Regent's Park ; and al,o the validity or a second conveyance, giving: to Mrs. Mayor certain furniture and effects, which were in several houses, the property of the Bankrupt. The allegations were, that the conveyance of the house was frau dulent, and intended to defraud the creditors, and that the furniture was never out of the Bankrupt's possessioii. Mr. ScriaLETT conducted the case for the Plain tiffs. It appeared that the Bankrupt had been exten sively engaged in the business of a builder, and was the owner of several houses. lie appeared to live with Mrs. Mayor for several years as man and wife; hut their marriage actually took place in January, 1914. For some time previous to the execution of the deeds in question, the Bankrupt was in very insolvent circumstances. The Defendants were the trustees for their due execution, and the case was preferred on the part of the assignees, as being founded in gross fraud on the part of the saukrupt. Mr. TOPPING, for the Defendants, contended that there was 110 proof made out that the Bank rupt's wife was aware of his insolvency before the execution of these deeds, and consequently, mar riage being a good consideration in law for the set tlement made upon her by her husband, the Plain tiffs were not entitled to eecover. Several witnesses were called to negative the fact that Mr. Mayor was in insolvent circumstances at the time the conveyances were executed ; and from their testimony. it appeared, that, just previous to his bankruptcy, lie was possessed of property to the amount of 40,0001 . _ Mr. SCARLETT waa heard in reply to the De frl4tl;lllel Cabe. Mr. Justice Ilot.aoirn. who tried the cause. summed up the caw with suitable observations ; and the Jury found their verdict fur the Plaintiffs oil both issuer. The trial lasted the whole day, and did not ter minate autil seven o'clock in the evening. SHERIFFS COURT, BEDFORD-ROW, SATURDAY, JANUARY 17. LIBEL. Sir Frl IX Afillt mein otters latatc.elf for Said !may st the respelling election. Tit re a ou founilatuns fur the report stated in F.%elatog raper, that Mr. Consis:a is leave Ins pia await Ohre fur that uf Trett•uler of liar Navy. The I tarsals r (Sir I )Avill NI and 41p.acvsPit. ',111. - al I Halifax, for Beraniaila, on th• ar is al I:l, s aa, to winter. The turth was to *ni ter at A I s tiered SHei ll gee Bank Car the county is about to he forsiscd in Chas town, under the molt respects lale ''u rain'. The Institut . already established in Oster wry, Wellington, &e. tarnmi,e to be exten sively use fut. The 50511 ra1 . 1.15/. was deposited in she Ablwy Savings Yank on Monday, by the Ib ru sidens S oc iety at gaddiogtoil.—(.Nlirercsbary thromirle.) The first Quarterly Meeting of the Nlanaiters rf the Coldwater Saving Houk was held em ol.ev. A report was wade of Ow isroceeaLf?% a:s the Institut ttttt since the Nth of Nov,anto:r. a le-. a'ae poit. were but pond ill. By tine at ippc.irrtl Ili at the stalorriptions fur defraying the expenses :AIN t rat to:J., san d t h a t 1,977/. its. al. bad been receav eal Irons 117 depositors of every elm.* intended to be benefited by ibis very excellent e‘tablo.:astent. Frrascit eggs brought into the port of Portsmouth, elik 11w sth January. 1617, to the 5111 .I , entuery, 1.;10-.-111rele mslliuos fifty-three ,aosl toilettes', Which, at the rate of IU fur VI weetnunt to 9,5404 13s. Bid. Au instance of suicide took place last evening, Ivetorras sweets and eight o'clock. us Norfulk-Arent, Mrs Id. Th, unfortunate griatleinasta's name was anti Is, he Known. MO a Ireottleul of Westminster. lir Bur pistol sumo has month. which, on expire. mina, a :swot! instant death. Surgeon: \TEIINOSTES Illtialed on the list show. micanditiothilly pardoted, anti soon after re:torv.l to their professiois. %Viten a fe!low-sulajeet was unhappily involved in 6114,11 an Lai as this, lie W W I to every good tnin, to every item cf true honour and humanity, an object mit (11.:y of sympathy, but of protection, 111111 the last 111.. e against whom the charge of " foul murder" should be wantonly aml malevolently flung. When he said this, he spoke of what was termed a fair and honourable duel, which was nut the fault of the party iu volved, but was imposed upon hint by the rigid m k s of society. That this duel was of the cha racter he described, it was manifest from the par don extender, to the Prisoners, and the opinion of the Judge at whose recommendation it was granted. Such, however, was nut the feeling or opinion of the Defendant*: for they, at a distance of time, when even if the adlair were not us pure as it un doubtedly was, would, if they were like ordinary minds, have merged their angry feelings thought proper not only to revive the topic, but to attach to It a character which it never de served. So much for this branch of the libel.— Now for that pert of it which sent the ['Windt' on a voyage to Bigamy Bay for forgery ; on tins point, much a. he generally dreaded the exercise of his Learned Friend's (Serjeant Copley's) talents and in genuity, he was tinder no apprehension that in this case the indignation of the Jury would be turned away from a proper consideration of this imputation OH the Plaintiff. The character of the latter stood as high as that Of any man in the community ; he could adduce the testimony of the first military and mercantile characters in his behalf; and was it to be e'tdured that such a man should be sihgled out for public obloquy and detest iti 111 l . He could hardly anticipate the sort of defence which his Learned Friend meant to make to this libel. It would, perhaps. be said, that the Defetailatits were Editors of a Newspaper ; that they were often isecessarily obliged in the hasty and sometimes careless manner in which they sent their papers to press, to publish matter without revision, on the authority of others; that they had nothing to do but to till their columns with the daily news, and in this way to gratify the uppetitee of their various readers well, be it so—let them say, "this is the craft by which we live." The Editor of a Newspaper, in his (Mr. Brougham's) opinion, filled a most useful and respectable station—one which was essential to the existing state and wel fare of society. Let him use all manner of liberty in his description of, or anintedversion upon, pub lic events; let Lim take great latitude with the cha racters of public men; nor would he advise such individuals to be over-jealous or captious with an Editor, if he deviated a little into their private characters in discussing their public pretensions, if it was done within proper bounds. Ile, for one, if he were more a public man than he could pretend to be, would give an Editor this full latitude. [Here the Learned Counsel pursued his descrip tion of the various and complicated duties which devolve upon an Editor, and defined their portico. lar nature.] Now, as to any defence being set up on the ground of carelessness. and that a man cannot he un his guard at all times. and that he must trust to chance ; well then, he would answer, let him take his chance ; if it turns up welt • he is a winner; if his luck proves against him, then let him pay for the slander he has disseminated. The situation in which the parties stood left no tenable defence on the ground of carelessness. The convict ship iu which the printer thought proper to put Mr. Gil christ, was within sight of his printing press; he might have sent or gone on board in five minutes, and at once ascertained the truth of the infor ination communicated to hint. Was it likely that he should have assumed this license of in setting a paragraph of this kind which reached him with the same facility, and indifference, and inatention, which he would have shewn to a para graph of the price of stocks, or the arrival of the Alms, or the sailing of the Betsey, or any thing shout which nobody cared ? But how (lid it hap pen that these Editors never heard of the exumi nation at Bow-street, or of the trial afterwards of the party whom they thus found arrived from GILCHRIST a. THE PROPRIETORS OF THE lIAMP• the hulks? Do trials in this city escape without the notice of the Newspapers ? Could au officer in his SHIRE TELEGRAPH. f Majesty's service be convicted of forgery without This was an action brought by Lieut. Gilchrist I any notice of his trial ? It was a waste of time to agamst Messrs. Mottley and Co. proprietors of The pursue these observations; for the Jury must feel Haim chime Telegraph. f ur the publication, last that the Defendants, at the time, were conscious of August, of a libel of his character, by stating, ti I the reverse of what they published being the fact. a paragraph, that he mud another were then on Ile would only say to the Jury, that if they ever board the Larkins convict-slap, on her way to heard a case with more of aggravation belonging to Botany Bay, for forgery. It also described the it than this, l ie would willingly consent to any re- Lirmenant as bring a lit 1 ,1 011 who was concerned j duction of the very moderate damuges laid in the " a foul molder," in a duel %nine time previous, I declaration. He had omitted to state, that not un it Isle of ‘Vlght, a n ti alsoishaving led a P r ' tip five weeks after the publication of the para thgete life. .1." this "eti°"•the Defendants " I d d graph had the Defendants issued a counter-state judgment to go lay default. The Plaintiff laid his I silent, though widths two days after they sent their damages at paper forth, they knew the libel had been copied Alr. !input:nom . stated the Plaintiff's clew ; into the Papers all over the country, anti thus, by doing wiled', lie said, he would not detain the Jury 'versa) publicity, his client was branded with a long, its the matter thi-y bud to consider was el' character, w hi c h was, h ia reel ) , respect, devoid of the plainest and niteit palpable nature which evert the slightest foundation. came before a Court of Justice. lie would, there r, For the purpose of substantiating this fact. Mr. fore, simply s tate the LINA published by the De rutoutaiwit was about to tall evidence, but Mr. fewlattts, and then ask the Jury. whether they laud Serjeant . COPLET objected to its iapers had done, over being .hewn against not composed and invented (*nil this they admit. Def tad by buttering judgment to go by default) one of the • the most titrocioua sod false libels that had ever which t eudants what other they had this objection.no. HERIFF concurred iii the validity control. D been directed against tut innocent man's chew. The EPUTY-S ter. Ile would beg here to say a few word'. rela - of' `five to the descriptiets given in time paragraph of Mr. BROUGHAM said he could spew. that on the same day the publication actually bore date in Mr. Gilchrist, and the allusion to hi% ft 1111 l er con steximi with the t )pas in an uu f o rtnnate Burl I Portsmouth, it was copieu tutu two of the most re hi the Isle of wi v ht. T he jil d i titi tt h a d, a t t h e spectuble London Prints, lie meant THE Bairisu time when this nialertunate etetit took phiee. hilt 1 Press and The nines. The regular post convey ' jest joined his irgillitHt in the depot at the Isleance was, therefore. anticipated. of 11 Ott ; the ttttt tape!, to %how lie was second, Alr. Serjeaet COPLEY —" You surely don't mean hail also joitied at the same time, and having be- say that the paragraph was itself sent to thowe repels ? The fact is, the Paper, though tad conic HlVailltd HI a dispute with a brother officer, Sunday, is not publielted until Monday. though it and til the presence of Mr. Gilchrio, the latter yieldedl is sent off to town by the coaches tem Sunday night." to his solicitation or secompoo)isig I* to Mr. BEHHIL:HAM-.." Certainly I (1011% Mrall to the field. The circumstances were such as w o u l d have 'minced the most prudent man to stets for- say the paragraoll was alwelficalle sent. I merely speak of the Puper whicli went by the coach con ward on such all occasion. This duel hall a fatal issue. and the two seconds (note of sebum, as he eqatlee." Mr. BROUGHAM- 4 ' They admit the composition before *aid, was Mr. Gilchrist), and the smelting of the libel, and its being copied into other Papete I were tried at the Amax , * at ‘Vinclora -1111111:11101 , ter, owl the rigour of the laws condemned them, as 11 consequence of that composition." These l a w s were, however, ad • *sierra, as they The publication of the 'Owl was then admitted always are, with the alasoluie tatceestiv with which by the Counsel for the Defendinia. A Gentlentait it is necestury they hi his the present state of i from the n i ce for the Home Department wag ul,O society, and all tile parties were subsequently and called to sla w, from the proper f %PAL:, i of the Winne of Gilt:6m we• a% board the Lat. kites ; but Min wAr elm admitted. . . _ Tlie Idol was theta formally read by the Mrriuty Sheriff; il.•ls itA being eleatitttte" tif famotalion was fully a liar. l ott the lint of the OrionWWl. 31r. Serjr.mt CDPLEY then arldresAeil the Jar). on the part of the Drfendant§, in mitigation nitla. mages. Ile sui‘l that lie had r most painful duty to perform on the present oemoion. The Defend. outs hail her ti for many years Proprietori or the ilampodre Tch.grtsph. Hull 0114 WWI the lint time they had ever lire's eill!ed mem to explain iis a Court of Justice vny eirt•to instant.« relative In either a public or it private cloiaeter. They were Gentle men of the itlntit tipri4lt und honourable character, dent;, eye s.3se tiny h.ni .heitni in tinkintt‘tv ...king to retract the trror into %Ine! I th r y bren leil. - _ Mr. Ifistton said, t!► ,t last jolt h e ems mute ~r the Cupticilg. from which ender sentence of trais T ortati.m, were pot on locird the tut kio.s. titre hound fur Botany !Loy. Ile recollected the run►nur Immod the reinwt, that one of two convicts entered by t h e mime or' fitesart, was the Mr. GO. Christ. who hat Ikea etilksiged tun din-% lie told it one day in die (lock-void to 'Mr. Motsley just as heard it. Wisoemi never inside :my Anther in. quirks into the matter. lie gut the rumour as it remelted hie►. and 1.11. above Hoy imp:nation or being mettiated by ni awl interesteJ m o t iv e *. Hwl they been In hi• erusl-exasnination, he said, that the l or. kiss had hint immediately eallt-41, and any body who wished to take the 4reqble miglit hare gone on hoard, and akertaitted whether the rutuntir wa* founded i.t truth or nit. He could not precisely swath as the date of the Larkin* siding, but he believed it was at the latter old .44 July. tried in I hinpAhire, w here the libel was they would have had the bent tit of their protium, iirutleticit and high character In the toi.,(!. of a Jury of their neighbourii, mot lie still hove(' %Wilk! lIRVC thite ft' the presto Jury, before whom the Plaintiff thou lit proper to briii.4 his case. He would mention ther circumstance fur Cie consideration of the Jury. They mind, that the f Is from which damages must this day be paid were not those of a totals Journal, but lot his re-eirsininatiess, he raid, he rottlol not pre cisely state the .words he load' used to Mr. Mottiey iu describing the occurrente. Mr. Robert Scott, the proprietor and condo( tor of The Regitter. was examined. Tibia witness complained of the trestment Ite !tall t e. ceirctl front the Defendant*, and denied that he had kept out of the way to avoia giving evitleuv,i on the former day fixed for this trial. The inti mation to attend was only given to him on the day when he was called on to be present. Mr. Scott, after giving this explanation, in which Mr. Serjeant Copley fully acquiesced, said, that soon after the 4th of August, Lieutenant Gilchrist was intro duced to him by a friend, to ask his advice relative to this libel, which lie was then sheivii. Tile Lien. truant oas almost in a state of madness from th i agitation of liis wounded feelings, and witness ei.- deavoured, at much as possible, to as.sure hint that the Defesidants would be ready to make every atonement. Ile then published the paragraph to The Military Register, declaratory of the lake. hood in the imputation against Lieutenant Gil christ. lie also receive(' two letters (though he did not distinctly recollect the first), from the Defen dants, who offered an ample apology to the Plain tiff, hut %althea:4 not knowing his address, did mil see lam for some time, and when lie did, lie said the apology came too late; it shoal(' have berir priblisaed by the Defesoluilts soon idler the hint: when the libel was issued. . . of a provincial Paper, necessarily limited, as com pared to the former, in its means and circulation: his case was plain and simple—he was not there to justify a syllable iii the libel—lie had only to lay before the Jury a plain unvarnished tale, and to describe the insulter in which the Defend ants had been imposed upon in the publication of this paragraph. It happened that last July the ship Larkins arrived at Portsmouth ou her voyage to Botany Bay, having, among oilier convicts, two men, who went, as was said, by feigned names, anal who had been sentenced to transportation at Hor sham for forgery. These mere, for some reason which he could neither fathom nor divine, were said to be Lieut. Gilchrist, formerly enga4ed in the fatal duel with Lieutenant Blundell, and another. This was implicitly believed on board the convict ships, and just as the Larkins had sailer', it was coin municated by Mr. Hatton, the mate of the Capti vity, engaged in the convict service, vs a fact, to Mr. Mottley. The paragraph was published after the ship had sailed, and could nut be verified, as his Learned Friend I ' d, by sending on hoard to ascertain the fact. Even had any one gone on board, they could only have heard what was then generally stated, anal believed by every body on the spot, who knew nothing personally of Mr. (iil christ. The Defendants, thus misled, published the paragraph, and any body else, in their situation, would have done the same thing. For a consider able time after the paragraph was published, the Defendants had not the slightest ground to doubt its truth ; at length a friend called and skewed ' them • paragraph in The Military Register, riot ing, that there was no foundation whatever for the imputation against Mr. Gilchrist, who was at that time at the elbow of the writer. linniediately ou receiving this intimation, the Defendants, who were ignorant of the Plaintifrsaddress, wrote up to Mr. Scott, the proprietor of The Military Register, and through him to Mr. Gilchrist, offering to make 'the amplest apology, amid stating that they were reedy to insert any retraction which he should • choose to dictate. They received no answer to this letter. Some days after they repeated the offer, and then heard, for the first time, that the Plaintiff would accept no apology. The reason of their writing to Mr. Scott, was is consequence of their having seen a paragraph in his Register, most fully and properly contradictitig the circumstance which they were the involuntary means of sending forth. As this paragraph men tioned that Lieut. Gilchrist was at the writer's el bow, and us they had not any knowledge of this gentleman, they iiaturally concluded that Mr. Scott would be the proper person toaddres', in the hope of his knowing where to find the gentleman whose feel ings they had unfonunately wounded ; and the ne cessary time which had thus elapsed, was the reason of au earlier contradiction not having been given by the Defendants to the paragraph in question. It was true, they might have contradicted it the mo ment they discovered their error; but in their scru pulous anxiety to do ample justice to the Plaintiff; they sought for him to receive from himself what ever terms of contradiction his own feelings dic tated and required on so unfortunate on occasion. The Jury could not lose sight of this fact, as it shelved the honest feeling which actuated the De fendants. His Learned Friend talked of caution ; but what caution could be necessary on such au oc casion as this, when the mate of the vessel, in con stant intercourse with the convicts, declared the truth of the rumour. The real way for the Jury to see by what motive the Defendants were actuated, would he to look at their subsequent conduct. The moment they discovered that they had been led into an involuntary error, they at once .ought alter the Plaintiff; such offered to him leis own terms its dictating a retraction. It was most extraordinary that the Plaintiff, instead of acceptiog the prof fered terms, should have laid by for moil a length of tune, instead of at once coming forward and demanding a vindication of his character iii the only proper way in which it ought to be sought. flow could it be said. that during this interval, which arose front the Defendants receiving no an swer to their offer of reparation, any injury should have fallen on the Plaintiff? True, is paragraph bad guise Auld, stating, that lie was a convict ou a voyage to Botany Bay ; lint would his friend.; be lieve, that when they saw la at this 'cry time moving in honourable society its Loudon, and when his presence was a sufficient refutation of lois being ut she same instant on a voyage to Port Jackson, that his character was likely to suffer injury % flow could they for a tttttt iient suppose, that lie could ;offer the slightest injury from a statement which, by the evidence of their own setioes, this)• knew to be false? It was quite impossible to suppose tides:, that any injury should have risen out of tills cir cumstance. As to the quantum of danorges, he was convinced the Jury would measure this so as Inertly to cover the Plaintiff 's costs, is oder all the circumstances of the case.—Llltre the Lcarlied ISeijeent pronounced an eloquent erilo4 on the high and manly character of a Biitish officer, and raid, that to such a pa-riots prviiisiary franunerat fullki not be considered us a compensation to wounded feel.iiga.l-1r uothiug but money, how -1 ever. would do, then the Jury would estiitiate the I amount iliCo''''' • 'Z '' .6 . :e litta 011111 V! i ; ..' Der!•11 This witness disclaimed in an impressive manner hi. having absented himself on the former day of inquiry, and described the friendly offices he had dune to the Defendants in his intercourse wills beutenant Gilchrist, and his statement to him th:.t they would, doubtless. be ready to make the" amplest apology. The Lieutenant, when he tir•t called on witness, only seemed to require a refuta tion of the paragraph, and this he immediately gave in his Register, which had universal eirculatimi in the gariisoas all over the empire, and anit'n, military men. Ile bad no doubt it went to Ports mouth. He could not, of his own knowledge, say that the Defendants received it, but he was sure it went to Lord Howard's library, in the garrison at Portsmouth. The contradiction in The Hampshire Telegraph was nearly in similar terms to that he himself published. The witness read the paragraph inserted in his Register, iu consequence of the first letter he had received brim the Dektalants. This paragraph set forth, that it was due to the De fendants to stute the proper sense which they had manifested, and which became them the moment they had discovered the impositiou which had heels practised upon them. Mr. Gilchrist, when he af terwards saw him, expressed his dissatisfaction at - . the Defend:ruts for the tardiness of their apology. Witness certainly received the letter from the De fendants prior to the publicat just alluded to iis his Register, but he slid not communicate it to \lr. Gilchrist, not knowing his address, nor, of course, until he saw him several days afterwards. Mr. BROUGHAM inuie an energetic reply, and controlled that the defence anticipated by 1;,•4 Learned Friend had signally broken down, when he brought forth his evidence to support it. If even, however, it had been proved, it would have been quite insufficient to justify the conduct of the Defendants, for no Editor should lie ',emoted to let fly his arrows at random, and rankle in the breasts of whoever they may happen to hit in this walnut' manner. The mate (Fiction) had merely heard, at second hand, a rumour among the con ',Acts of one ship relative to some Immo' ur persons On board another ; but the Defendants thought pro.. pert to embody the rumour into a formal libel agaiust the Plaintiff, and to rake up all the scandalous int. potations they could invent against his character.— Ile explained the reason that this case was not tried in Hampshire to be, that the libel was published after the List Assizes, and could nut be tiled until the next in March, a period too remote for the el rectum, vindication of the Plaintiff's character, %lite,. could only be done by a formal legal inquiry, unit a full verdict of a Jury. This, it ails said, did not become an officer. To such .an osssrticii he would • reply, that the most distiuguished military char:ie.. ters had not hesitated, on more tender grounds 'hal' could arise in this case, to seek that mode of rtpa ration, not so much indeed as its conveying any ade quate balm to wounded feelings, but bona its being. the only effectual way of punishing the maller of their calamity. The Learned Counsel paid Mr. Scott a high compliment for his conduct on his occusioli, and referred the Jury its estimating the 'Lwow a to his eg p rec O se declaration of the state of the Plaintiff's feelings when he cad I rti Spoil him, awl which were well ilescribt•il as being that of a state of inalluess. ills Learned Friend, it seemed, ki.ew not only mist passed at his town consultations, but what uccurrelt with'', 1114 (Air. Brougham's) Mick walls—but lie could miner I ' that his surmise was erroneous ; fur lie had advised the Plaintiff to pursue the course lie had done, from a full persuasion that the only on.a•tual way of setting himself right aas by a legal inquiry mid the verdict of an intelligent Jury. A. to the motive of the Defendants, be it malice. or be it not, lie cared 'sot one jot—he merely looked to the tesidency of their conduct on this pus titular occasion, mid the gross and utifotstideil calumny which they had ilissitilinateil argliost his Clieot. winged on the most irsitretahl.• ice ofiliterstbtotig!i out the country. It was nu separation of so aggra . voted au act to sar. they Wt re ready to insert an 1 apology, or retraetation. Any man might escape it ~,,,,, ~ roverthiog %tft: tilt rated. The lanai Ltd vated ,a,,:liots IhrtVirras seven situ molt coo - o• . , , _ e _ ne The uoruounate grokinmi ." o4 , ll „„, ter, 111141 1111.. tigour ot int loos 4..unueisin it in. 1 nut Il.e enuTtry. It was no lell4llolol of so agitra.. Th e s e l a w. were. however, ad' ttttt as they 1 1 pobtiemion of the like! was then admitted could not be considered SS a compensation to soul i s , he ihtowri. and a resideut of 11'el , tmisister , always are, wills the ah.u l u i e uteessoy %soh whic h . by the Cona , tsvl for the Daentlattlo. A (;entlettnnt wounded freEngal--If nothing lost money, hoe- RRR r rtet the pistol into Ins month, which, exido.apolop., or retraetation. Any Mall escape- If suc h a -- .1 1 : y o , tr I c he t f olt. 1 7teu - '. "l".l lt t i: i L is e r a r l t s:(l " it is uecestary sootthi in the present state ut twin Ilse Oust e for the Home Department wag uko I ever. would do, then the Jury would estimate the 0 .1 1 .11 tioasst death. Sur i seet: stEttmosteit aociety, and lel Il•.e patio:* were sulywrinently and cAleti to from the prorr that no rr- A noont to t',:e mit of the Def,l l . Ilk ',Jed on the 8141111. _ ..• - . - • _ _ ' '• • _ 1 i