The British Press; or, Morning Literary Advertiser. — London, England, 1818-11-21 00:00:00

DOVER, NOVIIUDER 20. Among the late errinls at, and departure, from, Panes York I Intel were— Th m —Sly Robert sad Lady Lanky, Mr. anal Mrs. Lao, Admiral sir Phillip and Lady Durham, Lord and I.ady Mayo aml suite. E. Groves, Elm. Mr. Fykr, Lord and lady Cavendish mad suite, Countraa hy afl o es sa d 17mplaia Owes, Sir Charles and lady Chad, Lady Labelle T n y n otir, Coast ale runner". Sir Henry and Lady May and family. Baron Riiniladd, and Count Loss,. F or finertan —General Mr C. Groot and lady, Major Miirray, A.D C. Dr. Maaier, Mr. Wootikoar, Major K ma e i ty , M r . a w l Ilia. Laken Nod family, J. He..., Esq. 1t,,. Mr. Stearns, %Ir. and Mrs. Garrett, Colonel Blundell, Culustel Bridger, Major Sowell, Caplaia F.rakine, Captain it'ailare, Captain Reed, Lieutenant lan,, Mr M'Neal, Carain V‘ndelenr, Captain Coles, Mr. °lay, Captain i;oldusid, Mr. Wight, Sir Charles Styles„ Lora Palmer. a wn, —, Esq. Livateasat.Coloorl and Itrs Starke and family. Mr. and Mrs. Papkw, Miss Coleman, Major lkisted, Major Davenport, Major Elrington, Captuits Bragg, Cimino' Wrhb, Captain /bowel', Captain Smith, Captain Illisiibersit, Captain Barnett, Captain Magna. Mr. and Mrs. Each mil family, Mr. mid Mrs. Syosset, Captain Fermi. am, Cassia loolsby, Colonel rangy, Mr. and Mrs. Henry Barker. Mr. Jackals, Mt. Williamson. Captain Brown, Mr. King, Captain ilisClarty, Captain BUM, Mr. B e n, Hr Chards. Mr. sad Sirs. Wryintotth, Mr. Sberall, Major Wynyard, Captain Steveaarin Sir Alexamier Dixon, 10,4, 0 1.1 Praridy, Dimsdale, Es q. Mr. and Mrs. Picker. tog, Mr. Meerut, the Comet sod Gramma of Molester sad mite, the Earl of Kinnard mid milk, General Sir James limp. Captain Wyss ' Colossi Pearson Mr. Holmes, Colonel Beaty, Sir Joha Headlight, hir Ch arles Pratt, Sir Eaoard sad Lady Blaharrey, espial, 'Morgan, Sir William Wo.ser, Bart. Ns. and Mrs. Chambers and family, Mrs. it roo k‘baak, lady Lowry Cole and fussily. Lady came. me Harris, Lady isndslitaiw and audit, Captain Sberwell, and Sir Mort sod Lady Bateau,. TILE ARTS. A spleadal edition of Don Quixote has jost been published which does honour to the Arts of one country. the typography is from 110.use's justly-celebrated press; and the engravioge, which are nearly eighty iikaw tubers ere the finest specimens extant of the peefeetion which our Anion, have a g. tinned in that very difficult branch of the Fine Arts. &lesser. HEATH, RAISIDACH, AV Attlee, Firet.ea, Gonna°. sod the must eminent En- Fravers iii England, were employed on the Work, rite Engravings are executed in a style of perfec tints which must at once vet at reset the claims of the Continental Artist to pre-emioetiee in this department of Art. The French Artists have been amply patronised by the booksellers of the Coutinenr, and the weeks which they have embel lished have been universally admired, and in no iucouwderuble demand in this country. The 4.lmoms, lately printed by 31. DE Caocza, at Pads, was certainly • beautiful (perhaps the best) opeennee of the proficiency of the French Artists Sri the arts of design and engraving. • The embel lishments were less ineretricions, and in a purer style of taste, thao thst for which our Continental neiglibeimi are generally temarkahle. Having paid this tribute to the talent of the French Engravers, which it would have been uncistwhil to withh o ld, we must at once put iu the superior claim of our Artists who have executed the Engravings in the stew editioa of Doe Quixote; they are better finish ed in every port, than the foreign workst the lines ere chaster. and the figures full of contrasted charac ter : where vigour is pourtniyed there is a !mildness of touch ohich at once displays the hand of a suns. ter, sod where delicacy is depicted the execution is reniarkiible for exquisite softiies,. The shadows throughtint the whole series, beautifully cast. "Ye have hitherto spoken of the execution—the designs are by Saimaa, and in his best style; it is impossible to speak without admiration of the ex quisite taste this eminent Artist hos displayed in illustrating and embellishing the admirable work of CERVANTES. Mr. SUIRKE'R daughter is the accomplished Editor of the work. and iu a preface. winch does credit to her talents, she says that she has made use of the corrected text of the great Madrid edition. by 31.. PtL t.tcea, with a selection from his explonetory notes. 31esors. CADaLL and an-. Davis—E are the publishers of the work. As • specimen of our typography, and the superior excellence of our Artists in the most beautiful and permanent depanment of their pro fession, this new edition of Doe Qai.rote stands unrivalled: it will, we trust, put an end to the im portation of works of foreign embellishment, and elicit that patronage fur our own Artists, and the Publishers who on this liberal scale encourage them, to which they are so eminently entitled. The Alexander, Capt. PA RIM, Discovery ship, arrived at Gravesend on Thursday. The Hero, ostensibly destined for the Ilavannah, reached the Downs from the river on Saturday, and remains for the present wind bound. This ship is one of those to which we last week alluded, as bring fitted out for Sir GREGOR MiGaccon's expedi -11011: 011 board of it are Sir GaEcou's staff, with several other officers of different grades nttachtil to I.:1 service. The Chief himself rennin's fur the present at the Three Kings Hotel, et Deal ; but trill embark in the above vessel, and roil as soon as the wind becomes favourable, The //fro is an armed ship, carrying 24 34.posinders, and is well fossils' iis every other respect. Tilere are sio troops Inrard, and only such officers us above stated.— " e Lase already iiiiiiii tal she previous departure of a considerabl e number of men wlin are to be under his orders; and hum the source from whence we isht.iiaell that information, we now learn dint it.. versa other vessels err in course of preparutsun to re-. !live such other recruits as have been resioKral, or may 1.1 future uffirthernselves to his agents in London and 1 bealiere. The applications are extremely numerous Loh from men and officers, and none are accepted but those ;shove in a very forward state of discipline. A isumlier of private individuals who have never 5r.r....-rt us the army, but also are anxious to go out to South America, have been refused. They re quested to kw placed on the Commiesitriat Depart ment; but the 'newer was, that the vacancies had long betll tilled. finch officers, whose services are considered eligible, hove one additional degree of rank conferred upon them: thus au Kussgue is "Malt I.leutesiant, a Lieutenant a Coptaill, and so uti.— f('uoterbary Paper.) L4IV INTELLIGANCE. VICE CHANCELLOR'S COURT, Wrrramum, FuseAv, Novimato 20. ?I Tinging and OTHIRS V. NOBINsON and TODD. Mr. Belt. moved, on the part of the PleintilTv. for an injunction to restrain the Defeo'Lint, Thomas Todd, from sending the sum of 1,4i31. out Of the jurisdiction of the Court. which he lied received in his capacity as trustee, he being appointed to that situation by the will of the testator, and that he should be ordered to pay the sum into Cued, under the following circumstances :—The present bill ores tiled by the Phnom& on behalf of themselves and the other creditors of the testator, CliarlesScar lett. who died in Jemmied, where his executors now reside ; but the Defends/de, as the trips. tees. took out letters of adaiiiiistrittion it, the Ec clesiastical Court, to the testator's will. The Def.mlant Todd admit* haying assets of the teats tor's in his hands. but contends he is bound to remit them to the Executors, in Jamaica. He (the Learned Counsel) had no doubt but his Honour would restrain the Defendants, from sending the assets out of the jurisdiction of the Court, offer the Ecelesiesticiil Corm here had granted letters of administration. The Defendants, in their unswer, easy that they have paid certain expenses incidental to the obtaining of the letters of administration, sod then set forth that they are ignorant of 14w pro ceedings. The Court most, however, see that this was the simple ruse of executors or trustees having • balance in their hands on lemma of the testator's property, which they were bound to pay into Court, fur if the money was sent to Jamaica it would he out of the jurisdiction of the Court, rod its order could slot Fecal it. Curter these circumstances he trusted his Honour would grant the injunction. Mr. WETHERELL. Counsel fur the Defendants, was *bon to address his Honour. The l'lcc-Ctitricat.ton—p I have attentively read the hill, and find it defectivetls in point of .padies, therefore, it must be amended before the Court call make any order on it." Mr. BELL—" 1 hope your Honour will restrain the Drfelichints from sending the money out of the country, until the bill is amended." The VlcE-Cmtsicattoe-1 , That is out of my power, as I cannot do it according to the rules of equity. No judge coin make an order, or dispose of a case, without all the pasies interested in it are before Ilion. Have your bill, Mr. Bell, amended by Thursday." Mr. ‘VETHIRIMILL—" I trust your Honour will give the Defendants their costs iu defeuding this appliestion." Mr. BELT.---" Had not the question of costs better stand over until the case is heard on its merits ?" The VICE-CRANCILLOII- 41 I will net allow any costs until the bill is emended, and the case finally diapered of." LAW( TIDLT VANE TENNLST. a Miner and a Ward of Court, by her owl .(rind, NI. a. Tatum, Esq. I.l'. C. 0105, Ms COUNTS'S o f ANTSIN, tad OVUM!. Mr. HEALD moved, that the Minter's report might be confirmed. He slated, that by his Ho milies order, of the 6th of November, it was referred to Master Stephen to inquire and report, what sum or sums of money were due to Mr. John Gregson, the late receiver of the infant's collieries in the County of Durham. The Master had reported that the sum of 5.931/. 19s. 811. were due to Mr. Greron, for money which he hail advanced out of his own funds, for the ;mopes- of carrying on the collieries for the benefit of the infant. He was instructed to move that Mr. Thomas Hallway Bigg, the present receiver of the collieries, should be or dered to pay the sum of 5,931/. 19.. Sd. ont of the proceeds of the collieries, to Mr. Gregson forth with. He understood the motion was not opposed. Mr. Haar and Mr. ROUPELL said, they were instructed to consent to the motion. The Vlce-ClL•mciLLoa—ui In a case situated as the present, I can have no objection to confirm the Master's report, particularly when that repoit has berg. made pursuant to • Decree of the Court. But there are cases in which the Court has been called on to confirm • Master's report on motion, which never ought to be done, as it ought to come before the Court by way of petitioh. This laxity of practice has found its way into the higher brooch of the Court, but it cannot be permitted to exist any longer. I will consult with the lord Chancel lor on the subject. Take your motiou Mr. Heald." COURT OF RING'S BENCH, WESTMINSTER, FRIDAY, NOVEMBER 20. The aima en the Prosecution of' Lord CHARLES SPENCER CHURCHILL v. WALTIR and SELL, Proprietors of '• l'he Times" IVesespoper. Mr. GURNEY said. he had to shear cause against a rule obtained in this cave, last Trinity Term, by his Learned Friend, Mr. Scarlett. It was a con ditional rule, calling on the Defendants to shew cause why a criminal information should not be filed against them, as Proprietors of The 1 burs newspaper, for publishing a libel on Lord Charles Spencer Churchill. The transaction to which the publication alluded took place in May last. Lord Charles Churchill, it appeared, was driving a gig, in a toad (the Kisig's.road) near Chelsea, at which place Mr. Tooke, a respectable Solicitor, was, at the Mlle moment, driving his chaise. There were in the chaise, besides Mr. Tooke, a Lady named Sherwin, and a third person, an acquaintance of Mr. Tooke. The informatiois did slot allude to the first publication that took (place on this sub. jest, but to 50 article which appeared in answer to the original. Mr. Tooke ermeeived himself to be reflected osi, iu the first account, and, there fore, requested an intimate friend, Mr. l'eo. mans, to write au answer to that surtement. He did this, because he conceived the original state ment misrepresented the occurrence altogether, and did not fairly detail what passed before the Coroner. He (Mr. Gurne)) was not a little surprised, that Lord Charles Churchill should have added to the iodiscretion of that unfor tunate day, on which the accident happened, the addititniai and greater indiscretion the iirstient application. lie would he able to slew, that there was much misrepresentation iu the II tattiorait wade by the Plaintiff—and also, that flit 'talc was uri. Ritually obtained on tt misrepresentation of circOm stances in the affirlaints on which his Learned Friend had founded his application. It was stated that L or d Ch ar l e s Churchill had applied twice as the office of the Defeurlam% to be informed who was the author of the publication compl a i n ed a y. and that he could not discover the person. Now, it was very true, that two such applications had been inade—hut it was equally true that th e y were 'node by different persons—each of whom repro prided himself to be the Solicitor of Lord Charles Churchill. It was, consequently, impassible to know *lnch was the proper person to receive ilw information --and. under these circumstances, it was wit Wield. The other facts stated by his Leonard Friend. were chiefly fo led on the affidavit of a Mr, Jones, who was examined before the Coroner. This gen tleman. it appeared. lied, before the Coroner, *totted that he believed some thane was attribtstable to Lord Charles Churchill—hut. in his affidavit, as resit by his Lesrued Frieml, he declared that he did not think soy misconduct could be fairly al leged against the Noble Lord. The affidavit of Lord Charlet, nod that of hie Lordship's groom. were also read by his Lordoliip. Lord Charles, however, contradicted liss groom, and the groom contradicted his master—and it should not be for. Rouen Oust Mr. Jones differed from himself, when iodine their Lordship* and when before the Coroner. Ile stated, that there were not any person present, when the accident took Wore, but. in point of fact, he could prove that theft. were beVefiti. Mr. Tookes affidavit stated. that he was driving at a moderate pace, and that, at the spot where the ac cident occurred, the road was only 22 feet wide. Ile alleged, that the moment lie was called to by Lord C. Churchill, lie gut out of the way. Lord Charles, in his affidavit, stated, that hr called out, hut was not attended to—and that 1114 groom next culled, without effect. Ile then pulled his horse hard, and hie gig passed without touching that of Mr. Tooke. Now the groom stated, that Alr. Tooke, on bring called to, pulled in. and then drove out—sod that the wheel of Lord Charles'a vehicle in consequence came in contact with that of Mr. Tooke. Here there was a manifest contrailic. Iron. It was stated by Mr. Tooke. positively. that Lord Charles was " driving furiously." Tins was denied. But he had how several 'affidavits implit. ing blame to his Lordship for the manner in which he drove. The, affidavits iii question declared this fact—that there were, at the 11:101t m o ment, the chaise of Lord Charles, and two others, in the road. That of Lord Charlet and of Mr. Tooke were coat ing towards town—the other was proceeding iii the opposite direction. Mr. Tooke drew up on his own side to give the chaise, driving from town, room to pass, and Lord Charles Churchill, in as tempting to run through the space thus left open. brought the three carriages in a line, at a part of the road only 22 feet wide. This. said the Learn ed Counsel. no man who drove with prudence would attempt to have done. In 'Milano' to these affidavits, he had likewise that of Mrs. Mary Smith, of Chelsea. who war walking with another Lady in the road at the time. She observed (alluding to Lord Charles Churchill, as was since proved by his identification) that " the Gentleman was driving an quick, she was sure there would lie an accident." When the rule was obtained. his Leafleted Friend was instructed to say, that tvo one imputed blame to Lord Charles Churchill. He (Mr. Gurney) meant not to insinuate any censure on his Learned Friend for having followed Ilia tostructious. But it now 'appeared, that there were several persons, who did say, that the accideut, to use the mildest terms, arose out of Lord C. Churchill's improper conduct. He would now state the alleged libel. It was contained in a letter signed " J. Y." which op peered in The Times very soon after the accident took place. After narrating the accident, by which Miss Sherwin lost her life, it went on to say, that " it was owing to the misconduct, sod to the greatly.iinpatient haste of Lord Chinks Spencer Churchill." It also set forth, that "it had been declared in the presence of the writer. by all the witnesses in attendance to be examined before the Coroner, that the accident was occasioned solely by the furious driving of Lord Charles Churchill."— Mr. Yeollllllll4l, by wl this letter was written. did not say that they stated this before the Coroner; lie only said, that they expressed such au opiiiima In his presence while waiting, in an adjoining cham ber, to be examined. Our of the matters com plained of war, iliat the letter charged these words to have beet' used to the actual examiiiation before the Coroner—but he left it to their Lordships to say, whether such an interpretation could fairly be attributed to the letter. He could now spew that this statement was not • misrepresentation' of Mr. Yeomans, but an absolute fact, the truth of which lie would support by 'leveret affidavits. With re spect to the affidavit of Mr. Jones, who said that no person witnessed the accident beyond those imme diately concerned, that he was aware of, belied now to otter, in order to skew that others had seen it, the affidavit of a gentleman, who was returning from the loners' of his child at Chelsea; who, on be holding the accident, sent the undertaker forward, to afford all the assistance in his power. Mr. Tooke, in his stetement before the Coroner, men tioned one very strong point, namely, that if Lord Charles Churchill had stopped his gig fur one boll minute, all would have been safe, but that he did not stop until Mr. Tuoke'a chaise was broken to pieces. Mr. Justice BAYLEY -" What was the finding of the Coroner's Jury• ?" Mr. Gurturiv" The Jory found • •erdict of accidental death,. for no perNiiii attempted to impute to Lord Charles Churchill any intention of occa sioning the death of this uururtuuate young lady." Mr. Justice BATLEY —" The introt 00000 was not . the only point to be looked to. If there were ap parent negligeuce, or want of due care, and death followed, flue verdict ought to have been main. slaughter." Mr. GURNOT—" No one can dispute your Lord ship's statement on this subject—hut it t~ wen known than Juries are in the hobo, where no bete's /ion to do mischief appear., of finding a verdict of accidental death, although !wtrbap■ the circum stances would warrant a werdict of manslaughter." Mr. SLAKLLTT—" According to the affidavits stated bt• sue Learned Friend, there can be no doubt, but that the verdict ought to have bteu tuanslsughter." _ - The Cum.. JUSTICE—" The Jury were not to decideori the nAld .vita now read, hut on the depo. eitionsarl• the Witnesses immediately before them." Mr. GURNEY COtiliiiiirtl-.1-fr hail other affirla vita. five in number, v huh distinctly imputed the accident to the ;salient-sit rind iiiiproper manlier in which Lord Charles Churchill drove hit gig.— When this was the ease, he cook, riot but consider it very extraordinary for his Lordship to turn to the Court now. owl call for a yr - • I information :igaiiist the Defendants, whip had' only stated what appeared to he the fact. He hail, besides, the affi davit of the Coronet's Jury. which stated, that " although they concurred in the verdict of acci dental death, they were unanimously of iminion. that the accident mightlive been avoided, if Lord Charles Churchill hail acted more care fully." No applicatioo was mode to find a deo dead. It was sukgested, by one of the Jury, that a dendaarl should be imposed on the gig—hut the Coroner exp d his opiiiimi that they had h. tier not, because that would deprive the party itijorril of his right of action. Therefore no deodand was given. Lord Charles Churchill might declare that he was not driving fa.t—but it certainly ap peared, from all the affidavits. that lie was driving in a manner inconsistent witlt his own safety or with that of the public. Under all the circumstances, he was persuaded their Lordships would he of opi nion, that there were no sufficient grounds fur making this rule obsolitte. Ile thought, iiideed. they would eves, go further, and that they would discharge the rule with costs. Ile now under stood, sad he was surprised to find it was so, that some allusiou was to he made by his teamed Friend to a second publication that had appeared on this unpleasant subject. It would turn nut, that after this alleged libel appeared in The Times. a counter-statement was inserted in the Observer—and to that. counter-statement Mr. Tooke certainly caused an aterwer to be published is, The 'limes. In that answer, ?sir. Tooke stated, that the letter. formerly inserted in The Times. and 'signed "J. y." w.is written by Mr. John Yeomans, with his (Mr. Tooke's) consent. and to his presence. He then went on to wow k rot the conduct of Lord Cherie*, mid observed, that " he had never called at his house. after the occident occurred. lle seemed to have forgotten it altogether. But lie was toot stir plaited at that, if Lord Charles was the sort of per sou The Morning Herold hid represented him to be —one who, within a few hour* after the accident had occurred, was at Alintiai's grand ball, and one of the leaden there." On this letter, he was informed, some observations would be made; but he rested iii perfect confidence, that their Lordships would agree with him in thinking, that there were nu sufficient grounds for making this rule absolute. Mr. ROBERTSON was about to adiress the Court, on the tonne side—when he was interrupted by The CHIEF Justice, who intimated a wish to hear the Counsel in support of the rule. Mr. Scaimett said, that, notwithstanding what had fallen from his I-rattled Friend, he had little doubt but that the rule would be made absolute— or, at all events, that their Lordships would not visit his client with the judgment that had been prayed, by compelling I to pay the costs attending this application. A variety of affidavits had been read, the whole drift and purport of which, as far as he could judge, went to reflect still more strongly on the character of his Omit. But their Lordships would feel, that the question for their consideration now, would be, not as to who was or was not blameable, on the day when the accident bap perm). They could not try that on affidavits. If they could. Lord Charles Churchill would be en abled to lay before the Court affidavits, equal in number and weight, with those which had been read, and made by persona equally independent of the parties. Various attacks had been made on the character of his client, who bad been accused of want of feeling, who had been pointed nut as a being destitute of common humanity. But how had his conduct on the unfortunate occasion, borne out this assertion ? So far from shewing a want of feeling, he immediately. when the aceideut occurred, got out of his chai.e, aud, with his groom, tendered all the assistance in his power. He immediately dispatched his servant fur a surgeon, Mr. Roe, and continued for some time et Chelsea, near the spot. When he returned he left his serva n t tbere—and when, about ten o'clock, he received information of the death of the unfortunate young woman, he was very much agitated. Ile sent to Mr. Roe, to say, that, if necessary, he would attend the Co "ranee+ Inquest, but he was told there would no ne cessity. Lord Charles did not go out that evening, and he also rettiaitied at home the whole of the fol lowing day, with the exception of a visit which he paid to Mr. Roe, for the purpose of again offering to attend the Coroner. Having acted thus, could lie be otherwise these surprised to find • statement in a newspaper, a few days after, imputing to hint a total waist of feeling, and a criminal negligence in his conduct. Ile felt he was called on to repel this statement. To what was denominated a true accousit of the transaction, a preface appeared re. fleeting on him most unjustly. It was said, in the at. tick to which he had allotted, that " the lives of the must peaceable and sober of his Majesty's subject, were endangered by those young scions of great fa. who drove furiously through the streets, to attract the gaze iud asiwoOltiollelli of the multitude." Theis came the account of the occident. The Coroner's Inquest had at that time found a verdict of accidental death. arid such remarks were surely, that cirownstatice br ing co lered, quite impress . . per. Now, what had Jones said. lie stated, at the fugues', that he did not impute blame to Lord C. Churchill. but, of the two, he conceived his Lordship to be wrong. Mrs. Smith, whose affida vit hail been read, did not way a word about furious driving. The Count —" That is not the fact ; she says that his Lordship wits driving es fast as he could." Mr. SCARLF.TT neat Nilvrtled to the affidavit of Mr. Tooke, who stated his belief that Lord Charles drove wantonly. But it was evident that Mr. Tooke w ar antler great alat , n at the time, sod, therefore, hi. deposition would i.ot he relied on in a Court of Jus ire. Could any omit suppose, after looking to the evidence given, that I i, Lordship ought to be spoken of as one sigcni.t whom a verdict of mast elesighler should be given ? At the Coroner's In quest, held at the Nelmin's-ltrad public-house, the witnesses, as stated iti the Paper couipleitiell of, • were of opioioo that the accident was wholly oc ealtiosied by his furious ilviiiii"—mud a continent was in►erted at the cud iof the article, is which the Et!dor said, " We ale very Dorry that we toold cot get the depositions made before th. Coroner. for the purpose of tonblicition." Now he was nt" opt nion that Mr. Walter had no right to publish ex parte depordmits, the other bide having too oppor tunity to Answer the t n_at i d still lesswas he justi fied, in the al-tipsier of those depositions, in send. ing forth to the world the statement or a 'muslin, coutaining facts, which, in the first instance, est ry person *cold belie've. Mr. Yeomans said, the wit lIPBI,II before the Coroner had not declared that all the blame was imputable to Lord Charles, but that others. who were in atte.detice, had duce so. Was that the proper way to hoe l'.-fore the p u blic. au accoutut of the trancscrion ? %I'a% it fair to biol. maate that all the witnesses haul regularly stated 4 particular opinion, wheel, in fact, all who attended were not examined ? In spplyeng for the rule, lie had distinctly stated that but three witoessea wele examined—and, in his opinion, the explanation con tained in the affidavit of Yeomans was not a very satisfactory one. A few days after thii publication another appeared, and his Lordship aboot received an anonymous letter, couched in the most abusive terms. He knew not whether the parties who at, knowledgrd writing the other letters also &toted this. Mr. GURNEY—" They deny most positively all knowledge of it." Mr. Sf.:ARLETT—" If that were the env., he could say no more about it. fle was g!is.l that Nir, Yeomans, who took the leading part in *Wet Appeared in the newspaper, disavowed this prof tumuli, in which his Lord s hip was c u lled ' bully, •1 fu. I, a coward. a being unworthy of the name of Env lishnsate." Mr. GURNEY—" Mr. Yeomans and Mr. Tooke deny having written any letter or article on the subject, except as before mentiened'—alludnig to whist appeared in The Times." The COURT—" Your motion, Mr. Scirlett, is against the proprietors of The Times, who ',mod in the shoes of Mr. Tooke and Mr. Yeomans. You have nothing to do with them." Mr. SCARLETT—" On the Bth of June a letter appeared, written by Mr. Tooke, its *bleb he ex presses.' his stonishment and ioutiviatiou at the indifference with which :hie most shocking circuit:- stance was treated by his Lordship, who had out taken the smallest notice of the event since the ac cident happened. He had neither called cur fetid to him PIG Tooke) since the afflicting accident look place. He appeared to have lor A otteta this slight circumstance, for a few hours afterwards, etc cording to The Morning. !Jerold, he was aenusiti; himself at the ball at Alma.' ." The CHIEF JUSTICH—" You see he there refers to his authority, The Morning. Ilerahl." Mr. SCAULETT—" There wait, it seemed, a foolish paragraph in that Paper, de.cuibing every person at the ball, and this young Nubleinipi. %%hum the writer probably never saw, and certainly could out have seen there, was spoken of amongst the rest. This paragraph, standing slime, did Lord Charles Churchill nu injury—but Mr. Tooke very ously coupled it with the accident —h ..... gilt the two circumstances together—and stated, a. a proof of his Lordship's want of humanity, that, innuerli. ately after haying been the wanton cause of 1 0 . 1 , 4: the life of an individual, lie was carelessly amusing himself at a ball." Mr. Justice HaYt.itY—" There was so julienne (hate statement in The Times more favourable to Lord Charles Churchill. I wish to know, whether, between the first and second publication, there was any statement in The Herald. contradicting the fact Of his bring at A !muck's ?" Mr. SCA LETT said, there was nothing shout it in The Herald. but a contradiction appeared in The 06 . In consequence cf which Mr. Tooke's letter was published, in which he avowed that the article contradicted was written in his pre- Pence and with his approbation. There was plenty of time, before Mr. Tooke's letter appeared, to base discovered the falsehood of the paragraph relative 1 0 Almitck's—but the libeller assumed it to be 14 tact, and by coupling two circumstance, together, gave to each of them a sting which it would not other wise have had. Mr. GUINEY—" The contradiction in The Ob server was evidently paid for. It said, We slate it from owthority'." The CHISP Justice-4 , Such a publication, it is admitted, appeared—and it is the misfortune, in cases of this kind, that harsh things are written of both sides." Mr. GURNEY—" The Observer paragraph states, We are desired by ahthority to state, most equivocally, that the account given of an accidei.t, in The Times of the 6th instant, signed " J. Y." is • malicious and scandalous febricat:on, and that steps will be taken to punish the author of to gross a libel.' This was clearly paid for." Mr. SCARLET? conceived, that Lord Charles Churchill, of he were not the sort of man Onto', could not suffer such defiinatory public..tions to mit unnoticed. How had the Defendants acted ? did not give up the authors when rrlleJ 011011 — but, about au hour before the rule was unwed tor, when the affidavits were in his hands, they raole forward and stated whom they were, velieli tlore was no time whoever to make inquiries. lilt thi+ course, Lord Charles was obliged to lie under ill.: cruel imputatliiii cast upon Inin dorm g the whol e of the long vacation. His Learned Friend said, the information was refused because it was demand ed by two persona, in the character or solicitor to his Lordship, but this lie deemed a very insufficient reason for withholding it. If their Lordahipo would not interpose, he trusted, at all events, st.ry world feel, that this young Nobleman, deeply wounded by the statements that had been published, qua right in endeavouring to vindicate himself from a charges° heavy as that of a total want of humanity. Their Lordships consulted for a few minutes — after which The CHIEF JUSTICE said—" The Court, in tbs. charging this rule, prouuttncas no opinion OH what has been offered, as to the nierits of the conduct of Lord Charles Churchill, on the °coos of this ac cident. It appears certainly in his Lordship's fa your, that on the following day and evening, lie acted with much feeling amid propriety. But f cannot suffer such a case as this to pas* without making this observation, that the driver of u car riage, following another, and wishing to iplsoi, ought to give full time to that which is tretoie him to get out of the wry. He ought tint pursue a viulesit pace, but to relax it. and fut. I ; t t I' ' .# I li . c 0 , I I: I 0 V', I f il l l 1 1 ft , I ) ..tj I t 4` i i II 1 t i it 1 r t 1 I 1 1 I 1; i 4