The British Press; or, Morning Literary Advertiser. — London, England, 1826-10-03 00:00:00

SUPREME COURT, VAN DIEMEN'S LAND, Aram IS, 182$. (Prom the Cdottial Tittercl ICING r. BENT. . . This was an infomiation, filed evotheio by the Attorney-Ge neral ageing Ale. Andrew liens, for libel. This was the second nisi, the tinnier one heytne been vitiated In consequence of ism. gu le r ity it reeeiving the verdict. :ti e S T Erllrrr. the Segieitor.General and Crown Soliitor, peered tile piesdings. The informetion censioted of *owes! counts; eie too three of which wi-re la to an article inserted in this Journal ea the pith of Oetriuer, 1824. tespening Colonel Arthur and Alr. Erne, as to the Proprietorship of this Journal, then celled the eeieief Tureh Gazette ; the other counts were as to an article M ooted on the sth of February following. rope-curie the trial of Colons! Brailey and Colonel Arthur at Itundures. The acting .eweoasee-Geetee.o. HOftt addressed the Court ceatly as follows t-1 do entreat most earnestly that neither this CV: nor any other, as sleeting the deinulant, whien mar hnye hen brought hereire this CA" may remain in your recollection. 1 le gentlemen. the conduct of tine defendant, in the management of his paper, had beets such as to illlllle. the Government to believe tint he felt regret Mr what lie had done, I have reason to conclude that I should not have appeared before you thee day. But the coa -1 duct of his ',Aver has been such that Mr. Bents sentiments have Appeared unaltered up to the late period during which lie continued is he the printer and publisher. In reference to the licit libel. you will hare seen that 31r. Bent had claimed to be entitled to tee ploprietotnsip of the /bleat Turn Gazette; and that he had stated that claim to the laeutenant-Governor , who, for reasons which he gave the defendant. claineed the Paper to be the property of the Government. With this decision Air. Bent felt dieeetiefied, a nd, in eoosequence, despatched Mr. Even floury Thomas to ;Id. aey, for the purposeof stating his cote so the Governor, Sir TIMIIIIIII iwa se a l s, and ° mooning his desire's thereon. Mr. Thmthes did so proceed ; and the decision of the Governoe-io-Chief was in favour o e Mr. lime. who C011eilltetl: his claim to the Preprietorship to be thereby eetablielied. On Mr. Thomas's return, this circumstance was announzed tithe public, in the article which forms the subject matter of the first count' of this 6d . ..filiation. Now, Gentlemen, it is by no means rte eve ere that Any individual libeiled thould b e eg „ prone' named I; is finite enough if the reference is understood. 'fliers are many ;vestries here holding hi a h oces, who are doirous of doing their duty with Immune and fidelity. ffi accuracy and junky ; but Vouch emu. be attacked whenever it sissy be considered by the writer of a newspaper Om their conduct does Lot suit hi. ideas. what ent:..t he the result ? Gentlemen, if we permit our intellects to be ao heated, and our pensions so excited, as to cattle us to put forth violent attack,. such as tem before you. I say we become worse titan incites menthe!, of eiiety. For our intel. lee's meal b e ap pli e d to a more base use than that of maligning is high public officer ' and bringing him into disrepute. Now, Gentl eme n, be secured, that if I could have persuaded myself that the defendant had no intention to bring Lieutenant-Governor Arbur into contempt, I should not be the mate to *peak thus warmly about it. thee Gentlemen, you will wimps say that the t eeerie isee.tiosernor held a eemedy in his own hands ; that this newspaper, bring published by atehority, and bearing the What' r. , :1ii:11.3:1 Or the efeerctary, that the Ideuteaant.t love:I-nor could bare reettrolled it. Unfortunately rich was not the ease. If it hail, ran, it be sierinesed that Lieutenant-Governor Arthur would have safes: such ankles as these to hate been Merited ? Rut he had r' mean' of preventing it The press, the only one then in the i-lied, was Air. Bent's. The type also; over dicer the Lieut.. Governor had no control. There was no other vehicle in the Wand ei which to insert the Government notices and orders. If he had had any control whatever over this Paper, of course he would not lave satiatef such ertieles as these to hare gone forth. The Pres. is an allierverfel engine. It is one of the greatest blessings to rem', when applied to useful purposes. Allint a comfort it would be if a paper could he produced which would he satisf toory to our. Feces and families ! Rut if we are to be inundated, week after week. with persental attacks. with nothing but what de trees exe. ;Litton tram ell roil men, what a wretched situation arc we in, so lung as such a rime of things contieues ! Ido not mean to say that a newsp liter may not discuss, fairly. puhlie nem and ettldie mea sures; het then it must be temperately sad welt respect. Ido not menu fulsome adulation. I would not have a man unman himself. I would not leave a man foil to %peak what he thinks of public men red public warner., But let him do so, recollecting that they are flesh and blood as well as hintself. Ahltoueh it may be possible that he may ditli:r in opinion, let him do so mo ney:My and terupoately. 111 r. llone here read the second article, shish he commented upon at ctuisiderable ivngtlil Gentlemen, I sent trouble you with little more. You must perceive that t h e tidies of these writings are calculated to do the greatest injury. Wian the tiro man in the land is thus spoken ot, is it not apparent etc time etiji et is to bring him into contempt, and divide him Irons the people. who will have deep cause to regret that they are so di. videe 't. I hey: tent the ~lighten; enmity towards 31r. Bent-1 hare ee ;stemma fesine. But I stand here to support the Government. an by si ti•iillr, the people ; for I enguage such as that before us I- i‘bt timely cal.:ulated to de.aeli the people from the Government. V.-midi - len, noon MUM recollect that there are a great number of Cr fellow flesh and Wood sent here as prisoners. Whet must rot be the status .1 con-equence. when this description of people are told t: 0 the Gee, reor le as lis is here deectilied to be ? But how much ..sre must tree people trey this, to whom the prisoners 1:ok for evampleand prifiection ? If these arc to be levelled, how must the binds of Huvernment be weakened, which has the good of all in t.ew, and wlll do its utmost to protect those of the bond who are placid under its control ? Gentlemen. I have only now to say to y ;.:, that, if you believe the articles before you are written with t :e construction put upon them in the inforniation, it will be your meen dui to find :Ile 4:LW:IIi guilty. It, on the other band, y • . eta retain the smallest doubt, 1 may you to let the defundant ti.tre the benefit of 1. Mr. E. 11. Thomas--I mid.: in Hobart Town. I have known )Ir. Bent since HU. I was the Editor of the Hoffust Tliant ter in June, 11l !1. I was appointed by sir. Item. I continued fotil the eatablishtnent of the Government Gazette. I swear rasinfely that this paper (October IL 1821) was printed by Me. no:. and in 11;s office. I know that the impresnion amounted to Lary I undreds, but how many I do not know, nor how many were Tic paper before me is addressed to a 3/e. (:ill; it is in the I,;:de•titing of 31r. Bent. 1 have had much conversation with him to then twa papers. I went to Sydney a few weeks after I was Et!i•ar. at the instance of 31e. Bent. The object was to fr; , ni f'ar Thomas Brisbane a confirmation of what 3lr. Ben: d:...-led to be his title to the 11,1ntrt Timm Gazette, and which title, as :1;r. Bent represented to me, had been opposed by Lieutenant. cocetnot Arthur. I saw Sir Thomas Brisbane; I submitted to snot a power of attorney from Mr. Bent, authorizing me to repre. r.t him, and several affidavits and documents upholding 3lr. %es ti!if to the paw; on perusal of which, Sir Thomas cx. sctl himself decidedly in fermi of 31r. 11..ne, claim. On my early in (lctoLer, I communit: tied the result of my journey Hem. Ile claimed to be totizlesl solely as proprietor of the t b oast “t•sta "lcd—t commenced my eilimrial duties about June, :1; nat litany weeks atter I had so einnine:.eed, I went up to •)flt..y in the Plta.r.ix. I received a salary for assisting in the of the; user. 1 ass not sal?. r.liter. The duties of an n'tior are An digest the matter. It is the duty of an editor to write tae le•atling articles. The c van of the paper 1 left to the mechanics. Origin il cat. coniections fall to the duty of the c.::•er to receive. Atl the other part of the paper, except the com ma:lel, ought to be under the conttol of the editor. I saw the 4rizle to the Oth fit October by:Ore it WAR rUhnrihttl. The MahU te..pt is In my hand-writing. There are same .cars; they are tr et. 31r. Bent to the composiwr to put the words in italics. 1 they were done by Mr. Bent. Ti:e ilittrk miler lone tho was by me; Ami.u. harmini rovers.. also by me. 31r. Bent never valid publish any Loin woos, unless he understood, Of said he a. , '-retool them. I never did say Mr. Bent found limit with me to .ritivg so much about politics. 1 have heard Mr. Meredith e : :Isis 11z:scribe what I have written as jargon and nonsense. sas told that a person ought to carry a dictionary in his . : when he read my articles. Mr. Bent is not an illiterate . He can read, writ:, and criticise the articles published in • end. I was merely a vehicle for rutting his bless into Lsn- The style devolvfd on me. rite words " liideonite of • y " were in the ntantisetiot ; the word liidwuuite is se corn. ' word. Mr. Bent did not compound it. We sat over this . .•: th ree er four hours, and after notch alteration it was settled ;• sw stands. I did not conceive that any portion of it was I::r.t's t •• ' no caution to Mr. Bent. beCitise I eon sidercd such requisite. 31r. Rent heard that it watt considered libel. and lie wrote An ameliorating article next week. I wrote it, to Mr. Bent's directisin and perusal. I never was • ti with a printing establis.!intent before or since, nor .• r:eespaper. It is impossible fur me to describe the : -Ate. by which I can ascertain the contoul of di.? lion, • Vineations of the unicorn t but there is as much difference •n the finest work of a Hnbens, and the miserahle rubbish of • . lead is more ductile than beam, and I can swear posi t t., list ornament, front an injt•ry it has reevirtil. I left Mr. get.: in July 1813. 1 will cut answer whether I did not writes Ion.; wth:l? aealnot the persons who assumed the title of the Iblart Twos . : . i• itif the Government. I have written s pop lial ar ti c l e , w hi c h :lr. Rent refused Insertion ; I cannot t.ny when; he ticc.etionally ob. J., •ed to particular parts which Its wished to slier, but sometimes, s 'An articles have been printed. I bare not known my own ofFspring. tines we twice he rensal to insert an entire article. I believe he Ltd taken a peofessional opinion upon it, and it was considered tlaclernus. It was list put in type exactly as I wrote it. I was astAnialted that the proof eta not sent to me. I went to the office, and found it so mitt:A this; I was electrified. I cannot say any tit•tre, because It is driving me to a pii.nacle, from which 1 must leap into a gulf of danger if I reply. I found the proof so altered that it was like a subj.ct in a dissecting room. When I found this, and time the article had been so mangled without consulting toe, I became so indignant that I left the office. I then resigned ice editorship. 1.1 paper sat •,tut into Mr. Thome.s's hand, and I.e y k , a sked 'nether it was toe proof of the article of which he had ;Olsen? Alt. Thomas refused aanswer. He was then asked. Is not that •woof ? He ritused to answer . He wee then asked, la sum han d -writing are the itt . arlo in the snargin? He refuses' to answer.) I inane(' an adrat tsement in the paper published by :I mre. Run sn d H owe , alien I quitted the editorship of Mr. i'nn's piper. I recollect I therein disclaimed baring sanctioned an wick which had appeared in. Mr. Bent's preceding paper. I resigned all editorial responsibility. and there my labours ceased. 31y advertisement appeared ou Saturday, as to ]lr. Bent's paper the stay before. Mr. G. Robertson--I had tome conversation with Mr, Bent. lie said an Opposition paper was calculated to do good, so lung as it was respectful. But I said that the paper was now so conducted that I thought it would won be put doers. 1 said, I thought the expression "Gideosite of tyranny " ens a most offensive ' presm.m. as applied to tips Lieutenant •flovernor. H e sahl he had been ill-used by the Lirutenant-Hovernor, alto bad attempted to wrest the pmnerty of :he piper from him. T. H. flretrion, --I am a Ithigistrate. I ha-e hvaid the artit.le of the Ilth of October read. I must repeat ahst I before said, that having had my attention drawn to the raki, et, I con sider a to I.ieut.-novernor Arthur. 31e;t' III:h. Esq.—l have heardi the article of the Bth of Oct. read. I understand it to apply to Lieutenant Wonel..irthttr. I think I reed it about a month or six weeks after it was publblied. It made no impreasiun upon my mind, except that ofa penult cum phiiting of a Ooyernor in a most unintelligible manner. I wan reading it cursorily. I coneid-red it a jumble of nonsena , from beginning to end. I ant certain that an ordinary man could t.ot understand one syllable of the talkie. If Mr. /lent hail oak -it a dictionary and cot 'tut the hard surds, it would hate moved all the trouble. I conceirn the article Is altogether unintelligible but the expression 6 . (iideonite of tyranny" would ba intelligible to any mai who mid I read and n?aron. It I.nrd, E-q.—l am a Magistrate, and Commandant of Maria island. 1 was at Bonder:et ; i knew Colonel Arthur there for five veers and upwards. I knew Colonel Bradley. Colonel Arthur was Superintendent and Commandatit of the temps at that I settlement. Colonel Bradley coasinandol a detachment of the 241 West India Regiment. Colonel Arthur was superior officer. Col. Arthur had authority over Colonel Bradley. A question arose about the command of the partisan. It terminated in Colonel Bradley being put in arrest by Colonel Arthur. Colonel Bradley was removed from the service, and left Honduras two or three month. before I did. He was removed .in consequence of a letter he wrote to the Duke of York. I was present when a cause was tried in England between Colonel Bradley and colonel Arthur. I think it was in July 11124. It was for trespass tout false imprison ment. It was about the affair nellrmduras. Colonel Bradley ob tained 100/. (bungee. I have read the article in the Hobart Titan Gazette. The rennet of the triad is urinate I was present. Mr. Brougham was Ceunst 1 for Colonel Bradley. I considered the article generally to apply to Colonel Arthur. Cros.-exnmined—l teed the editorial article as to the circum. stances at Honduras. It was a matter of doubt whether Colonel Arthur was right or Colima Bradley wits right ; it stood over for some montlix. The leading parts of the cm« were truly detailed in the report of the trial in the Ibiliart nneit Co. Mr. Attorney-General is the case for the Crown. Mr. OZI.I.IIIRAND then rose and addressed the Jury, in a speech of two hours continuance. He spoke to the following effect : —I rise under considerable difficulties. I need not say, that in or dinary emirs it is a met &Mucus task to defend an individual charged with publishing a libel against the supreme authority. In this case, however. I la ;out under others of a very embarrassing nature, having been before concerned in this ease. But Mr. Bent has theineht proper to call upon me for my prefeseionel &existence, and it becomes my duty to render him every assistance within the crimples of my humble ability. I trust I shall do an fearlessly and honestly. He is charged, Gentlemen, with writing two libels —one so long back as ()ember, 11121, the other in the Febru- I ary following. The subject of the one is quite unconnected with that of the other, and I have earnestly to request that you will keep the enneiderations of them quite distinct in your minds. 1 confess it is with the tune's! aettenieliment I have heanl, fain' the Counsel for the proeccution, that my unfortunate client is brought here tee day, nut so mush in reference to the subject matter immediately before you, as in respect of subsequent conduct, which it appears leas been viewed with displeasure. But very especially. I am astonished to hear it openly avowal, that the prosecution has been held over his head in terrnreni. That it is not for the writ. ince now before you that he is now prosecuted, but for others which are nut b. fore you, and as to w hi c h, therefore, you can font no judgment. Gentlemen, up to a very short time previous to the pstblication of the first article, the Bedew Tonn Gozritr was sub jected to the censorship of the Government : and Mr. Emmett, a very respectable gentleman, was the Government editor. Mr. Bent, however, considered that the copy-right being his property. the right of appointment to the editorship was vested in him. Ile made an application to the LieuteGovernor, claiming this right. It was rejected. Mr. Bent coneiderrel himself aggrieved, and it is in evidence heftier: you that under these circumstances it was that he was induced to despatch that mast wonderful gentleman, Mr. Evan Henry Thoinee, to Sydney. as hie plenipotentiary, to sub. nth his case to the consideration of the Governor-in-Chief. It tees. indeed, a great mietertune to my client that he fell into the hands of this Mr. Thomas. You meet, however, have perceived by his evidence. that Mr. Bent is almeether enable to conduct a paper, and of course he looked about him for a person who might be qualified for so Arduous an undertaking. I rejoice that Mr. Thomas has been breught Lefote you; because you can judge toler ably clearly as to him, and as to his evidence. This person, however, was the plenipitentiot despatched by Mr. Bent to represent him widi Air Thomas Brisbane, and to solicit redress for what lie con lettered an attempt to dispossess him of his jive rights. He went and I have no doubt he displayed to Sir Thomas Brisbane all that astonishing eloquence, of which we hay.. had so extraordi nary a specimen. Mr. Thomas, however, having been furnished with documents which supported his invincible powers, socceeded in his embassy. and returned here flushed with victory. %%That is his first proceedine after his arrival ? Ile sits down and composes the ieexplicable article before you. He composed it, I say, because lie helm you himself that he did to, although I did not pot such a question to him. But he adds, it was under the direction of Mr. Bent. Now, Gentlemen, I tontine that if I give any Individual • particular subject to enter upon, that if the language and the ex pretseiens in which that subject is put forth are his, if the manner in which that subject is altogether treated is his. that I am nut the author of it. [The Learted Gentleman argued this part at con. sidereble length, and with the greatest ability ; but as the Attor. ney-General hone gave up that part of the intrnmation, it is unne reestery to report it. Gentlemen. this in not a Colony where Mr. Rent could in a moment put away Mr. Thomas. and find a fit and proper person to replace him ; that he would have done so, hod such been possible, there can be no doubt. But is It not evident, from Mr. Thnmos's own evidence, that Mr. Bent had not a will of his own? Ile had a weekly teak, and that one of a most arduous nature, to perform. Ile was unequal to it himself. Ile knew not where to find an individual who could undertake it. For what are the facts betere you in evidence? Why, Mr. Bent is dissatisfied with 3lr. Thomas's writinge. He consults his legal adviser on a particular article. Ile is odd that it is libellous. Ile pauses as to publishing It. And what follows? Why, the very moment that Mr. Bent presumes in take the liberty of thinking for himself. Me. Thomas flies lie save, .• You have dared to interfere with my beautiful productione! You have 'moiled an article which took me a whole night to bring forth, and you may go and be d—tl!" Now, Gentlemen, let us look at the first article in the information. [3lr. Gellibrand read it to the Jury, remarking upon particular passages in a manner which excited the greatest amusement, and discomposed the gravity of the Court.] Now, Gentlemen, you have heard this article read, and you have seen the erudite author of it, Mr. Thomas ; you can judge therefore a little about hint. You can imagine him returning teem his embassy to Sydney, crowned with laurel:. His first step is of course to show to the world what a great and powerful man he was—what high company he hot been in—and what astonishing effect his all. powerful eloquence had prothiectl. You cal imagine how Mr. Bent looked when this article was printed. You can imagine the wonder which it must have excited in his mind ! Ile must have been absolutely thunderstruck with astonishment and admire , ?ion ! If you could have seen him at that moment you would have witnessed him precisely in that attitude of wonder and awe In which ;114 Pritgger, in the drama, witnesses the tricks and per ' fomianees of the Alchymiet ! You would have heard him exclam ing in the words of Dominic Sampson. prodigious! But, Gentlemen, do you suppose that Mr. Bent uodentood one word of this astonishing performance? Do you suppose that he comprehended one syllable of it? It is quite out of the question. Alr. Thomas told him that thfe would excite the admiration of the whole island; he believed hint, and the arti. 'de went forth. Now, Mr. lknt is a plain homely man. lie was told that the triumphant article before you, couched in the inex. plieable language which you have heard, was offensive. Ile de. sues Mr. Thomas, in his plain way, to put a plaster upon the wound. Now. Gentlemen, the Attorney-General considered this as spoken ironically ; hut it was not so—it was n.eant sincerely. He told Mr. Thomas to write an explanation. Mr. Thomas does so. will read it you. [Mr. Gellihrand here read the article of the 13th October, which convulsed the whole Court with laughter.l Now, Gentleman, I would ask you, whether, when Mr. Bent read that, he was not again thunderstruck, that he was not again full of admiration ? Here was a plaster, he thought, which would cure any wound. But look at the effect. hutted of doing what Mr. Bent wished, to publish an apology for any thing which could be considered oflineive, this article according to the idea of a witness (31r. Gilbert Robertson) made matters worse. Now, Gentle. men, look at the fact. Mr. Bent publishes in October an article which lie was told was offensive; he publishes what he considers a plaster. 31ont1te elapse. and no notice he taken of it. He considers, the/diem that he is in perfect security ; nor is it until near a year afterwards that he awakes to a sense of his situation, by find ing that large roll of parchment put upon this table. Now, Gentle men, I have to entreat of you to forget any feelings you may have other than as private individuate. I am sure you will do in this as yarn do in every other ease, cautiously remove from your minds every feeiing connected with yourselves as military men. And this I say in refetence to what fell from the Attorney-General, as to the endeavours of Mr. Bent to excite differences between the Lieutaunedlovemor and the military. I lament to have heard this, because 1 will show you that such mould not possibly have been the case. Gentlenien, it appears that, on the urinal of the Admiral Cockburn, rumours were in circulation, as to the tied b e . tween Col. Bradley and the Lieut..Uovernor, of an unfavourable de scription. Now, can you believe that it could have been the intention of Mr. Bent to have vilified Col. Arthur, when lie inserts the very trial in which the facts appear? It ix well known, that in this colony, as in all others, persons generally judge by results. If rumour,. had gone abroad that Colonel Bradley had received a verdict of 100/. against Colonel Arthur, people might have supposed, if they had out known the facts, that the report.. alluding to the oppressive treatment experienced by Colonel Bradley were facts. And what does Mr. Bent do? Why, he publishes the trial itself , in which it appears there is not a shadow of pretence for so charging Colonel Arthur. Now, gentlemen. I beg leave to till , c,-under the direction of his Honour, that if au illiterate man like Mr. Bent pub lishes what he does not understand, and which lie does not believe to be a libel, that lie could not he justly, or wil fully and intentionally , publishing a libel. [Mr. Gellibrand re fereed to the eases of %Vomited! and the Dean of St. Asaph.] Now, Gentlemen, as to the second information. Here are a number of indwell' &et intrnductel, and then Mr. 'Thomas comes to the matter in the high.flown language which you heard from him in the lens. 131 r. Gellibrand here read the second article of the 11th February. feed cement:nue! vii it, as he proceeded, THE mtrasti PR FP° with great force and effect, in Mar?ect, to show th a t t h e i nten ti o n was not to calumniate Colonel Arthur.) NOW. (lent! titan. how it pn7ibie In di tort the publication of theerisl into an iff coition to vilify Colnirl Arthur. lamat a /own to nntlerst•nd. Does not Mr. Befit %nem the animas with which the article was intended by him to hate born written—which wits to show. that altheugh a verdict had gone agninnt Colonel Arthur, yet that it wan upon amcre point of law, and that Ain character was altogether free limn reproach on that autfii et it I humbly submit, that before you can find Mr. Beat guilty of printing and publishieg, you must he banshee, that be does so midie ously. Gentlemen, when I see the spirit avowed with which this prosecution in condoned against the defendant, an cnnviiiced you will be surprised to find that he wrote to Mr. Stephen. offering to give up the author of every rine In the articles for which lie was prosecuted. And yet, instead of accepting dint. we hind Mr. Thimian, the author. brought here as a witness, or, to USE his own expression, putting Mr. Rent upon a pinneele to plunge Idol into the gulf of danger! Meaning of course the dungeon to which Mr. Bent had been strut, instead of Mr. Thema& Gentle men. Is there no:hit:gof malice evitif..e in this? It in evident that Mei object is not very friendly to Mr. Bent. Gentlemen, I ankest Mi. Thomas whether he did not correct a proof of an article.— , I put it into his hands. He swore positively li e dli not. I did not want him to speak of thin with any reference to libel, but to impeach his credit. Gentlemen, at the present moment the defendant is immured in die gaol, for having trusted to the pen of Mr. Thomas. As regards the firs: informa tion, I must nay that it is a matter of peculiar amity to 3lr. Bent to let this inlinmation hang so long over his head. Van know, Gentlemen, that I cannot explain farther; but this I :ill say, that if the defendant had been prosecuted for that libel at the lime It was produced, he would have been mon caufloua in hit future conduct, and would have Instantly dismissed Mr. Thomas. But here you are in April, 11.:26, .vting Xs. Se nt. charged with baring printed anthiablinhOtran &AWN October, 1024. I sae tinerntleo cony, and I trust you will think so trio, that at the time these papers were I:obi:idled, :11r. tient hail not the smallest intention of villify ing his Excellency the lieutenant Governor. Mr. Bent was driven, as a matter of necessity, to emptily one, who had appeared against himas a witness, for that very /tonne which he Mown* prepared. Gentlemen. if you shophl be of opinion that the articles are libel- I us, and that you see not allowed to look quo anima these articles were published, that von aid, if you should consider that he has unhappily published these patient, recommend him to the mercy of the Court. One very material oborvation is moat important—alietlier:the defendant printed and published these two papers. I niihtnit there is no evidence whatever of ir. lam quite satisfied, when you come to look at the papers, that Mr. Thomas's evidence, as to the Unicorn, in not such as to be relied on. The CHIEF JUSTICE —I wish to ask the Counsel for the Ctoan, whether they consider there is any evidence of coinpoaing, or canning to be coniposcd ? Mr. A ttorney-lleneral ow E—l consider Mr. Thomas's evi dence goes to prove that Mr. Bent caused the articles to be COM ! pot!d by him. _ • The CHIEF JUSTICE—I do not find upon my notes onydi• rectevitlenee thee 54. Bent irotruckd him to write alum articles. Mr. Auttrney•Genetul IIoNE—I have no wish to press that feel against Mr. Bent. Mr. lat.r.tnnANn then declined to call evidence. _ Mr. A ttorney.t II o sie —GentieMen of the Jury—the first point which I *ball much upon in my reply is that part of the def.ndant's Counsel's address, in which he expressed his cur. prise that the defendant is now prosecuted after such a long delay. and with a wife and several small children. Hateful, indeed, would be the government which would have recourse to such a measure. So far from it. that the government is most mindful of that circumstance; and had the defendant been equally mindful of it, he would have been differently situated. The conduct of the defendant, in continuing to print and publish a paper -3lr. essinnaND-1 beg to ask your llonout if this is a ',toper course of reply Ale. Attorney-General Hoot --I shall then hot continue It. I shall now go to the point. I have heard from the Counsel for the defendant that he has much to complain of, being now charged with writing two libels*. the first in October, 11124, the second in February, 11123, and with their remaining so long unnoticed. It might have been in the power of one of the gentlemen to have sussed why such took place. A variety of circumstances have oc. stirred in this colony to distract the attention of the lioveniment. I cannot state all the circumstances which have oc,urred, but they have barn the principal means of keeping the Government front pre-entitle this case to your notice. It would be unjust to some of the first panotrus in this island if I was to say more. This case was tried, hotvever, in July last, and the defendant was found Guilty. Mr. OELLIAR•ND-1 , this fair, in reply? The CHIEF Ji . wrice—Why, the Attorney-General, I pre sume, means it only in explanation of the delay. Mr. Aoorney.General lIONE--I only mean it in that way. I pledge my honour that it has been presented to you at the first pos. sibleopportunity; and if a proper line of conduct had taken place, I should have been the very man to have submitted to the Lieute nant-Governor the consideration, whether the present prosecutions 'Mould go on. Gentlemen. it was said that she defendant was obliged to retain this very extraordinary man, Mr. Thomas. Was no• there a very short mode of getting rid of him ? " Mr. Thomas, he off; your 'fittings see only getting me iniodifficulties every week." How is that to he got over? f rosy be answered, had he done so, then Mr. Bent's paper most have fallen, to the ground! What if it had ? Won] I not Mt. Bent have escaped, if he had turned off this Mr. Thomas, and his paper had become extinct? He would not have been exposed to his present sufferings, and I should have been spared the ntortiflcation I feel in conducting this case, an 1 which I must ever feel in conducting such. Gentlemen, if Mr. Bent continues to proceed in a course, which, it' it is not prevented, I mean by proper and lawful means, must be produc tive of ruin to all—high and low—rich and poor, he must be the sufferer. Gentlemen, the Counsel fie the defendant, with the greattst talent, which I shall always be happy to hear, because little did I expect to find such in this Colony, stated that no inten tion could have existed to excite dissension between the Governor and the military. Gentlemen, the line of defence is such as 1 have endeavoured to adopt when I sat on the other side of the table, for every Advocate does the best he can for his client. [Mr. Hone here read the article again, in order to show that its intention was to im. pugn Col. Arthur.] Mr. Bent must have had quite undemanding enough to have judged of the papers when he went to his friend to take opinions of them, in order to moderate them. finding them too hot. Gentlemen, it seems Mr. Bent was formerly the Government minter, and as such was the mere machine of Government. But when he envied to be such. he looks fora man who crould write spi ritedly, with as notch force as passible, and as little feeling as may be. Gentlemen, it is asked where the papers come from. Mr. Thom+ sorcant they were part of the impressions published on the days mentioned. in my opening address I read to you certain cases of a similar nature. I shall now advert to others. 1 will ask you, Gentlemen, what would be the result if there was no punishment fur libel ? Governments would be subverted, and ruin would ensue: private families might be plunged in the utmost dis. tress by foul libel being dispersed against any given individual. It is most desirable that this should be watched with the utmost MC and attention. Lord Mansfield says that the licentiousness of the Press is Pandora's box. rott will have the goodness to look et these papers, and decide whether they were written with the pur. polle of putting the Lieutenant-Governor's reputation fairly before the Colony—you will then say he is not guilty : but if. on the con trary, you think that toe intention was to malign the Lieutenant. Governor, there is an end of all good government, and anarchy and conflision must prevail, and in such cue you will find the defendant guilty. The CHIEF JINTICE—This is an We:Thelon against Mr. Bent, charging him with composing, printing, and publishing cer. Min papers charged to he libellous. The points you will have to attend to are considerably narrowed by tile Counsel for the Crown not pressing the composing. The first point for your consideration is, whether the facts are proved; and, secondly, atm is the in. tent. This you must collect from the import of the writintr. There have been a great many observations made here which I do not mean to refer to; but one certainly has been in. siated upon wills the greatest ability and ingenuity by the (bun. set for the defendant—it is the ignorance of the defendant as to what was the effect of the papers. It is certainly not neces sary to prove express matter uttered in so many wilds. If the tendency of the writing be what it Is imputed, the writer and the publisher, in the absence of all evidence to the contrary, must be implied to understand such. [The Chief Justice here referred at great length to several casts as to the criminal intention of a pub. Halter, in whirls it was invariabky held that all publishers are lia ble f o r what they make public, even in eases where they do not ac tually know what were the contents.] The evidence in this case, gentlemen, depends principally upon Mr. Loan Ilenry Thomas. Now, gentlemen, the whole pith and marrow of this article depend principally on the words " Oidennite of tyranny." if you are satisfied that Mr. Win is the printer, and as such the publisher, for there is no evidence ofpublidung here. With respect to the brat libel, Mr. Thomas says, he was two hours with him before he agreed to it. It you are satisfied that Mr. Bent did really mean to malign the Lieutenant.Goveenor. I have no hesi tation in saying that it is a libel. If Mr. Bent or any body else is upon a misunderstanding with Government, to accuse thei Governor of tyranny is a libel. The other part of the in formation relates to a supposed trial; you have heard the aver.l ments, and it is fie you to say whether they are proved. It ' is of great importance, gentlemen, NI. rata to be certain that these articles, if they be libellous, are so as regards the Lieutenant. Governor in his character as such. It is, however, your province to decide upon the actual meaning of the words. Ilia Honour ended a very long and able adder'ss by requesting them to bestow their utmost attention upon the whole circumstances of the ease, and deride thereupon, as he was certain they would do, consci entiously. The Jury retired for about an hour, and on their return the fol lowing venlict was recorded—Guilty upon the 2d count, Not I:uilty upon all the other counts of the information. This count was For printing and pub:ishing the fir►t arkle, containing the expression Galronite of tyranny. SVDDEN DEATH.—Yesterday an inquisition was taken before T. Higgs, Esq. at the Coach and Dorsey, Breton -street, Berkeley -square , on the body of Mr. Thomas E•cutlier, aged 31, Principal waiter at the Naval Club-house, in Bond-street. The deceased, it appeared, was subject to fits, but hail gone to bed on Saturday nigia in apparent good health; not coining dawn as usual On Sunday morning, the under-waiter went to his bed-room. where he found him in bed, undressed; bespoke tot'is deceased several times, but received no answer, and Wood, to his great sur prise, that he was quite cold. There was nothing in his apartment to lead to a suspicion that he had destroyed tun:sell. Verdict— " Died by the rteitatioa of (W." ifIDDLESEI SEI4IONII, OCT. t The Chairmen havingralten his teat upon the Beach. Charles Nerkr ll, Jiving in the aeighb tut hood of Contptoc -street, was put to the bar, chit, ged with belog guilty of a most brutal en? direrdstbacaftince. The facts of the cage, which wets of the moat revolting dekrription, were ptoktd to the satisfaction of the Castel by a man named.Kendrirk. A .number persatis attended and gave the prisoner en excellent character, hit the Jury, without the alightes: he.itttion, returned a verdict of Guilty. The emu it MAN, alter commenting upon the ctt y of . the prisoner's OH. %CHURL./ tl hint to two yea' imprisonment. 7 . ll:reens Gadd was charged with assaulting Mare hull, and be -1 haring in an iodclicase intoner towards her. The prmscutrix proved the rate. The priaoner, who said that he was induced to act in the manner he did by Miss eltiell caliiug hint a rasc.al, was lined W. and discharged. Joint Leihmst WAR chweed with rip. assault upon W. Thomas. The assault h!ing of the slightest nature, the Chairman lined the pristmet toils lit,. lid. be pto.,eutor left the Court, but alter a short 'bile returned, a&ressing the Court, stated that he had been d tait.ed for 17i. 6,1. fete. The CHAIR MAN said that it was rot on his (Chairman's) ac count that he had been en detained. _ _ Mt. PittLI.IPS Sail l i tnt prosecutors 'mitt dei.tly for seeking the protection of the law ; it was, in fact, the ilvare.t commoditT Engle• d. Ile Wl4 afr.tia that it was s very gee= inducement to people to take thy law in their own bawls. The CUAII4 31 A N said that, however he might regret it, he could not aitt.r the law. _ _ long can I be detained for the non-payment of the demand ? 11;na1axam—Pur act. Prosecu , nr—Th•:n I i , liiinnse the ywiner I pay it the better. alt. Thames then 1 , 61 the fees, 12.. of which went to 'he Jury, and the retosintler to the crier end other to::ieers. John Taylor, for an as.ault upon Mrs. Winifred Pyle, was put to the I . ar. . . Mrs. Pyle stated, that between the hour* of II and P 2 o'clock at night, on the 14th July, whde walking with her husband down the lirhitechapel.rond, she received a severe blow on the forehead trout the prisoner, which cut her severely, and left her insensible formate time. She knew nothing of the prison, r, never saw him before, nor did phe give him t.ny the slightest prortwation. The husband of thz prosecutrix corroborated the whole of her testimony. Mr. A nOt.i.ntra, on the part of the prisoner, said. that he un derstood that his client and a friend were romping in the street; t list his friend having struck him playfully, he was turning round to return the blow, when. unfortunately, the prosecutris received the injury which she that day complained of. The Jury returned a verdict of Guilty. The prisoner, not being able to satisfy the demands of the party in a pecuniary way, was sentenced to three months' imprisonment. PO /. /('F.'. MANSTON-TlOUSE.—Yesterday the case respecting Mr. Wilk., jun. came on before the Lord Mayor. Alderman Lucas was acci dentally present at the time. The Justice Hoorn and the Hall of 'the Mansion house were crowded durihir the day ; so great was the heat and the pressure, that Mr. John Walks, the complainant in the case, was obliged to go away before the business commenced, in consequence of the delicate state of his health. Mr. ALLEY attended for Mr. Walks, and Mr. ADOLPHUS for Mr. Verbeke„ and the gentl-man staled to have been concerned in taking violent possession of Mr. Wilks's house, and of having acted riotously there. Mr. ALLEY awed that his client had withdrawn, because he was overpowered by the heat of the Justice Room, which was crowded almost to suffocation. His presence. however, Was not necessary upon the occasion, as he (Mr. Alley) was there to repre sent him. There were, he understood, many affidavits given in, proving that forcible entry had been made into the premises of Mr. Wilts, and mentioning other particular relative to th r conduct pursued with respect to that gentleman. An agreement had been entered into between Mr. Walks and Mr. Verbeke, fiat an officer should attend at the house, in order to see that no riot took place. The charge against Mr. Verbeke comprehended riot, as well as violent entrance into the premises, and detention of them. Mr. Adolphus, who, as well as Mr. Alley, was a stranger to what laud occurred at the Justice-room on the former day of mans ti ration into this case, expressed some surprise at hearing the charge of riot. _ _ Tate LORD MAYOR said that if the charge of riot was to be gone into, he should wish to have the benefit of Alderman Lucas's co. operation in deciding uptot the case. Mr. A LLEY said that Mr. Adolphus had anticipated him In al. luding to the charge of riot, as he ( Mr. Alley) certainly intended to call upon the Lord Mayo., to hold Mr. r erbeke and his friends to I bail, for the twofold offence of violently entering and taking pos session of Mr. ‘Vilka's house, and of committing a riot there. All Mr. Wilke desired was to have peaceable possession of his house, and to trloillicate the injury which the public had sustained through him, by the violence exercised in depriving him of his ptoperty. He made application also to the Lord Mayor to oblige Mr. Ver. beke's servant to leave the house, in which he had been placed by his muster. At the same time no objection could at all be made to the presence of the officer, who had been appointed by the Lord Mayor for the purpose of preventing any breach of the pence. After his Lordship should bind over the parties, an indietmeat would be preferred against every one of thetu. Mr. Alley rejoiced to see Ids Learned Friend, Mr. Adolphus, engaged upon this occa. siou ; as, if their two clients were pitted against each other, the case probably would slot come to so speedy and amicable a tenni nadon. (A laugh.) Mr. ADOLPHUS was of opinion that his Learned Friend had galloped a great deal too fast in his sta•ement of what had taken place. Tlure was no evidence whatever, he was assured, of riot. Mr. IVilks hail no right to file affidat its at the Justice room. In a case of this kind. be was bound to produce evidence. and not to come forward with affidavits. The fact was, from all that he had heard, he was justified in calling the en:ry a peateable entry, and not a violent or forcible one. 11ith PC,:pet.:t to the application of Mr. Willis to have Mr. Verbeke's servant turned out of the house, the Lord Mayor had no such power. The Loup 31avon-11 the violent possession of the ;Itemises be illegal and improper, surely the person holding possAision, under such circumstances, can be removed. — . _ Mr. AnoLeit US—Ay, after a decision to that effect by a Jury, Mr. ALLEY—The man is certainly not justified in retuaitdo.,a in possession. All we require is, that lie do quit the house, and that those gentlemen do Hod bail to answer at the Sessions : . Mr. Auotruus—lndeed he will not quit the house. We have got an •agreement in our possession, signed by Mr. Wilke, in which he admits the propriety of keeping the officer in the house, fur the sake of securing the public peace. Mr. said that that stipulation had been made upon a certain condition, which had never been performed. Mr. Wilks was not nt all disposed to attain reparation by viulence. He wished that every thing should be done in a quiet ;tad peaceable manner. With respect to the production of the affidavits, lie allowed :hat they cught not to be admitted under circumstances of this de scription. . . _ Mr. nobler said, that in taking notes of what had occurred on a former day, he had never once thought of term ring to the affidavits which h ul been produced. The Lono MaYon—l mentioned before. upon hearing the charges, that I considered that a violent possession had been taken, which could not be defended in a Court of Justice, and that a riot had taken place. Ale. A Dor.ritt:s—lf your bird.hip thinks so, the defendant must enter into recognizances to appear at the Sessions; but you cannot intelfete with the man who is in possession. Mr. ALLEY—AII I want is, that the Lord Mayor will recom mend to the man to leave the premises quietly. The Loan MAYOR said, that he could hot take upon himself to interfere. The presence of that man involved a . quesstion of law with which a Maghtrate would not be justified in interfering. Mr. AnoLptios—For God's sake, Mr. Alley, don't say any thing more about Mr. Wilkes quiet and peaceable demeanour. I don't wish to say any thing about that disposition to peace and Tuictnesa which you ascribe to your client, for I wish to act upon ristram Shandy s principle. In my journey through life, I would not hurt the hair even of a jackass on the road. (Laughter.) Mr. A have no acquaintance wit:i Mr. IVdka; I hare had no communication with him until this day, and v:hen I spoke of him I spoke from my impretoion of his manner in addressing me. and certainly he showed a great disposition to quiemes4. Mr. A.not.runa—Oh. I dare say he did—to you. (Laughter.) The Loan MAYoR—The conduct of Mr. Verbeke appears to me to have heed calculated to do great public mischief. hatever may be his right in the case, he has taken means of possessing himself of the right in a way that may be turned to very bad pur poses. It is my opinion, certainly, that lie, and those who actual. partied him to Mr. Wilkes house, mull find buil: 31r. ALLEY—I am glad that my Learned Friend and I have been employed on this occasion. It Iles been one good effict of that anangement, that we have got through this business without travelling into partnership accounts, or meddling with any other question. 3lr. ADOLPHUS—Yee: and we have our names in the news papers too. This pLan of getting business before the public is wh4l pawns ought to avail themselves of, for the purpose of saving election expenses. The I.onu Maxon then directed Mr. Verbeke, his brother, Mr. Corrie, and one or two others who assisted those gentlemen in getting possession of Mr. Wilkes house, to attend next day with securities. _ . _ A Friend of Mr. IVillts.—There is Dr. Mitchell; he is to find bail as well as any of the rest; he was amongst the rioters. Mr. A t.LEs--Certsinlythe Dovor tnust find bailtoo ; • Mr. Verbeke—Dr. Mitchell ! These is not a tittle of evidence against him. Why would you inclotle him ? Dr. Mitchell—No, I was not in the house at all; I trust thr.t you will not put me to expense for nothing. There is no pretence for saying that I was present. Mr. Wilke, sen. (uncle to the complainant)--The Doctor cer tainly assisted in the riot, although tie was not in the ho use . Mr. A LLEY —Yes; it appears that Dr. Mitchell handed in a sword to Mr. Werbeke's party. That was very tuatetially assisting, in my opinion. Mr. lierbeke—There is not a tittle of evidence against Dr. Mitchell. and 1 refer to the Chief Clerk's notes to prove it. Mr. Holder, in referring to the evidence, of which he had taken notes, did not see the name or Dr. 3litchell amongst those who stood accused, but there were two persons alluded to whose names did not appear. Mr. A t. Lev—lt will only be putting of to the trouble of Wing ing forward our evidence again. t Dr. iikchell—ls It par Ale that you can hate any ides of tr.& ct. ipf; nse P ale. Verbelv—Why, Wilk* has i , elocksl Mr. l i fillta4 Clark in his eltsrve ut consitiraey amunat hi; m Mr. Clark xpressestairtne , urpri.e at this infortnition, La/ mot to have much devil of the e. esequences. l'he Lout, MA YOU—lle has included the Killtor of The Turrea elan in the chive. Mr. fkoirie requested tl•at as he was already hatted over in the sum of 2091. to appear at the besaMns, on a cortir.L.tr.t a/641g oat of the same circumstances, no ftfrther security should bs minded. The LOAD Marna ordered all t;.e defendants, with Ile excl. don of Dr. to produce hail this day. . Mr. Atilt'', the propristne of the fortdne of War public-EQ.I4, 'in 011 ; spor.stmet, appeared 'moo an information, charging hint lark Efitiwingly harbouring, keeping. end concealing some /nail tllk handkerchiefs in his hrvse. The penalty sought aces 100!. The Cusfmn-house officer stated, that on the tdd of April, in con.equenterif info - melon which he had 'emitted, he went to :ha ;house n. this delndant, who was in the cellar Et the time. Hi sew Mts. ali:ht. anti told her he insisted to search Cie house, as hr be. Ii: tad there were contraband goods in it. She offered no nhjamiuni and upon going up stsin 4 into the cluh.rorww, which iris opcw *on ti.e ttble n bundle dfsilk handkerchiefs. 'floe posseottor. of handkerchictit of the kind tras at C:tat rime against the taw. That wa• met the ease now. Mc. Mills' attorney red, that his client knew nothing whn'mitr about the bandk!rehiet , . A man had called in with a bundle is 'mot time brtire the Miker at dyed ? and, after looking round the tolt-r. disappeared. and it was solvated that be had gone no troths end left tl.e handkerchiefs either for the purpose of obtcit.. irg share oh the Density, er hum liar of being apprehended. tad Custormlioir.eolfntre witlnn The Lone Mavou said, he was of opinion that it was not likely that the landlord knew any thing at all about the hdmiker. chisfa, er they would not have been lett in an open room. Altlesman LUCAS was quite or a different opinion. Ile thong-lit It wooed be a dangerous principle to act upon, as that sort of de . . fence would. in all probability, be made by nine out of ten of :lime who were guilty. The Loan MATOR—I em not at all Satigleti with the esklence. The handkerchiefs were in an open room, not mingled with the stock. I canon' think of convicting in this linty penally althotat much stronger evidence.of guilty knowledge. Alderman I.l.7cas—'Perhsps we cm mitigate the penalty. The defendant keeps a licensed house, and he must be responsible for every thing that is brought into it. It is easy for a poblicasa to say," Oh ! bring them lic:e : and you reed not say any thirty about them to me. ' 1 am caii.laly of opinion that there is no doubt of hi. knowledge. The Loan MaYon—Well. I cannot think this man guilty. There is not a title Or proof that either Le or his wife knew any thing about the bundle. Ur. ALLEY and :11r. ADOLPH VS, and Mr. IfARNER, to whom his Lor d ship referred, perfectly cuincided with hint in the view ho had taken of the evidence; but . _ Alderman Luc As said, that it would be a.bad practice to permit excuses of he kind to turn case in a publican's favour. It would be constantly acted upon. He repute:l, that ate publican W. 1 .4 m aw mible fur every tiara,: in his house, as well u for the good order of it. Thz Loan MA Y Ort—Well, we must only dismiss the CIRC. We cannot agree. 1 refuse to give judgment. If, however (addressing himself to the Solicitor for the complainant), you think proper to have another hearing, prepare the matter anew. and 1 will lingly attend, and hear it with Alden:lan Lucas and any other Al. derman, if I ant authorised to do so.—The ease ended here. f)ittt.OH A ta...—Mary Gorinam, a poor Irishwoman, was brought before sir Peter Laurie, yesterday, charged with att•ttniiting to in traduce three pins of rum and gin to the Debtors' Prison in Whitt.. cytysy-street. Mr. Douglas, the principal tore key, stated that her husband hod been cantina! in the gaol . but a few days, and suspecting that she had been employed to introduce some spirits, he lout her searched by toe matron when she presented herself for admission on Satur day, and the above-mentioned quantity of girt and rum was fount% concealed in long guts under her clothes. The prisoner said she had been enticed into the commission of this offence by one of the intustes of the gaol, who assured her that, if she was defectid, she would be merely reprinlantled and dis. missal, it bring her first offence, and if she succeatal she should have a shilling for her trouble. Her husband had been thrdwn into prison for a debt of IL 136., and would probably remain con fined six weeks, and being in distress, the offer is: the shilling opt. ra.t d as a suffici. nt inducement. Sir P. Lab; LIE said, the debtors in V.'"i:ltccmss-strett were tba most ungovernable prisoners in the City of London. The Magis. testes were continually hearing complaints of them, while those in Seagate and the other prisons were orderly and quiet in their de. ineanour. If first offenders were to escape in the way anticipated, It was clear there might be a daily succession of them, and MO primners would obtain a regular surely of gin. Ile at brat coc teniplated committing 3lAry Garman to the House of Corr.:circa fur three months, In default of paying a fine of MI., but learning that Sir John Perring hail committed a female for a similar offence last week for only one month, he fixed the term of imprisonment at one mond, also. Shortly arieriirstris. Jeremiah Douogiue, al Irish labourer, who had just been detected in attempting to convey three quarts of gio, coocerled in long bladders round his waist, was put to the bar. Mr. Spencer, the Governor of the prison, said, Donoghue was s labourer, who, with about forty others, had been employed some time in repairing the gaol. lie, of course, had no suspicion of them uhtil he received a letter from an unknown friend, de scribing the prisoner as being so employed occasionally ; an 4 whet Douglas returned from the Justice Room that morning, find ing the prisoner among a body of workmen waiting for admission, he sear:bed him, and discovered the bladders. Jerry cried, and urged in mitigation that it was his first offence, and that he had pointed out to the Governor the debtor who, by the primtise of a shilling, had tempted him to commit the offence. Sir I'LTEn LAURIE asked what had been done upon the discos very of the tempter. Mr. Spencer said he visited his ward and broke all his store hot. des, which was all the punishment he could inflict. Douglas here stepped up to the prisoner, and asked for his hat, upon snidling which it was too evident that it had recently con tained spirits to be d:nied, and cite prisoner confessed he had cars tied in a quart of gin before dinner that d.y. Sir PET ER said, since the last case had been disposed of, he hal received a letter. complaining of anot her ouirageous assault having been committed in the pinion. These broils were, no do•tbt. pen. rooted by the great circulation of spirituous liquors among the pri soners; and, by way of example, he should commit him to Me House of Correction for one month. Bow-sTREET.—Last night, at eight o'clock, narks F.,krant Grim. MI, the husband of the lady who was the prosecutrix in the extraordinary case of assault and imprisonment in a madhouse. detail. d in our paper of Saturday, and Without Mutter, a nuta charged with aiding and abetting in the offence, were brought up for examination, in the custody of Ledbetter, who had apprehended them in the country on Sunday night. The warrant was put in as the hands of Ledbetter on Friday night, and, as lit stated before, it was ascertained that the parties bad gone to Tunbridge Wells the °Meer proceeded thither, and found the two defendants living with Mr. Grindell, bon at an hotel. lie took the defendants into cus tody on Friday evening, and set off post to town with them, tra velling all bight. The old gentleman was too infirm to be removed itnmediately, or with so much rapidity, and he was left to pursue his journey in a manner suitable to his age and cothlition of health. It was not convenient to bring forward the witnesses until mir ing, and the defendants remained during the day in custody at the Grapes public-house, near the office. The defendant Onndell is a tall man, rather slight, about forty years of age, weating, as is the fashion or the day, large whisker , , and was dressed in a claret-coloured coat, light trowsers, and a white hat. Hunter is a mithlledrized man, and curies in his countenance the appearance of good humour. Mr. A001.1 , 111:3 appeared as Counsel for the defence, and Mr. list' DON aitended, as before, for the prosecution. Mrs.Grindell, who wasattended by several friends of both sexes, was Called and sworn, and was desired by Mr. Miarettut.t. to re. state the complaint which she had made upon the former examina tion. when The defendant himself observed, that as the watement and the proceeding altogether which was about to takc place were e.r-park. it would, he thought, be necessary to have the evidence taken on the former occasion read over. Mr. A DOLPH tra—lllr. Illinshull has been good enough to desire Mrs. (Modell to tell the story over again, and that I think is Comte than reading any thing which may have been before taken down. We shall have a viva vote statement, which is always the beat. Mrs. (Modell then repeated her evidence. adding some few cir cumstances which, in her artati , n on the former occasion, she had omitted, and which we now supply. She said it took four of them (the assailants) to get her into Mr. Grindell,sen.'s house, after they had attacked her at the gate of the fore-court. Site fought with the desperation of one who thought her life in danger, but they were too much for her. One of the men kept his hand over her mouth, and it was not until they got her inside the house, ant every duct and window was closed, and no complaint or call could be heard, that she was permitted to speak. They threw her down in the moat indecent manner, and one of them knelt on her cheer. The defendant, Ilunter, who had been dismissed front the house m the course of the day, said to complainant, " You ei—ti bitch. I will be revenged of you for getting tut insulted in the fore put or the day." Hunter—l beg your pardon, Madam; I deny that. Mrs. (Modell—Ay, but you did though. Site continued to stale that the assailants pet handcuffs upon her, the marks of which she bore now, as we:l as bruises in all parts of ber person, as a lady now present, who attended her to a bath on Saturday , could testify. lie: husband, Mr. Sinton (and not Durnalord, as stated by mistake in our hauler report--a mistake which arose front Met. Oriadell's speaking with a very peculiar accent), and Coch rane, were the active assailants upon her ; while Hunter stood over tlie old gentleman with • straitjacket, which he exhibited to the pato old man, and whenever he seemed inclined to give the least alarm, Hunter grad, "If you speak a word 76u shall have it on you." When the others took her away, Hunter( remained with the geadclu-n. When they got her to the mail_ house, her Ito:bard had the face to wish her good night, and eve r : wanted to shake hands with her,"but she wou.d not speak to hist. There were nine mad people in the room where she was placed, and the stench WAS horrid—as bad as "Mariam Clouk.wria" Ithe goddess Cloarina, we presume, the lady meant). She had a mast disagrees able mad pir..m for her betlfeltow during the night. In answer to qtlCititHlS from Mr. MIXOTItILL, the co.tiplainsfle mid bee husband std 31e. Minton were the canegers and divider* • i~