The British Press; or, Morning Literary Advertiser. — London, England, 1825-01-31 00:00:00

I I I LAW INTELLIGENCE. COURT Or CHANCERY, SATURDAY, JAI. 29. • On hit Lordship's entrance into Court. Mr. MART submitted a trodon that a writ of sequestration might be Issued against the goods of a person who had been taken into custody by the Sheriff, and indeed in Whitecrowastreet Prison. As the Fleet Prison was the jail to which persona taken into custody by miry of a ('earl of Equity were usually conveyed, a difficulty arose with respect to the writ of sequestration. It would be fin the benefit of *di parties that the writ sheuld issue ; hat it had 'seen refused on account of this informality. The 1•01/D CHANCZI.LOI: doubted whether the form of the Court would not prevent his interference. At the same time, as it was tilt the advantage of all parties, he would do a hat he could. It was unfortunate that the forms of the Court stood in the way of making the mast beneficial order for all parties. BAULEZ V. RARLY.E• This was an application for a commission Sc lenalico inquirendo, sought for by the husband against his wife. A ffidavia had been tiled OK both sides ; those in support of the commission were strung and decisive, declaring, that ever since the marriage, Mrs. &mitt lies felt a rooted detestation for her husband, and many of her kindest friends, owing to the unCytanate aberrations of her mind. Toe affidavits against the commission deny that any such aberra tions exist., and state that Mr. Barite had treated his wife with the greatest enmity. sir. SHADW ELL and Mr. WHIT MARSH were beard to-day for be motion, and further hearing was pomponed. COURT OF KING'S BENCH, S _ATCRDAY, JAI. THI KING R. TIMOTHY POWELL. This morning the Court heard the further argunients of Counsel against the rule nisi fur a new trial, obtained by the Attorney-lie. natal. Mr. Ottawas' and Mr. BRODERICK argued, that the points upon which the defendant had been Tound guilty of perjury. were points the most essential to the formation of the judgment of the Larol ChoneollAr %AA that it had been laid (loan by Lord Itay mond, that a verdict should be supported, if upon the trial any one material part of the indictment or assignment of perjury had been established. The COURT, after consulting upon the subject, announced that :hey would read the hills and answers tiled in Chancery, before they heard the Attorney-General and the other Counsel in support • of the rule. COURT OF COIIMON PLEAS, SATURDAY, JAW. N. in Banco.] THOMAS V. 10W. Air Sergeant TADDY moved for a rule to show cause why the plaintiff's attorney should not pay the costs of taxing his bill in this case. The Learned Sergeant stated, thrt when the action was first commenced, the defendant applied to stay all further proceedings on the payment of debt and costs. The bill of the plaintiff's at torney was then brought before the prothonotary for taxation—it arneunted to SI. &L, but on the taxation by that o ffi cer, the bill war reduced by striking off the sum of IL Ss. Under these cireuen stenos% the defendant contended, that by the terms of the Stttate ?George IL C. ICI, the plaintiff's attorney was liable to the pay ment of the costs of taxation, as more than one-sixth of his bill bad been struck off. The Court, however, held that that statute was not intended to apply to any case but those in which the bill thus reduced had been d'eUvered by the attorrey to his own client, and not to those where the bin was delivered to the opposite party. It would be manifestly unjust to put any other constriction upon the statute ; for though the officer might have struck off more than one-sixth. considering that the defendant was not liable to pay so much, still he had nut by that determined that the items so struck off ought not to have been introduced at all. It was well known always to be the case that there were mary charges to which a party was properly liable to his own attorney, but which never could be recovered from the adverse party ; aid such might have beds the case with respect to the items reduced by the officer in this taxation. The motion was accordingly refused. In the course of a cause of no public interest on Friday, the Cutrr A:erica dropped an expression that he thought his Brother Vaughan was treating hint most unfairly by persevering in asserting a pout which he thought was out of the case. The earneel Sergeant denied the imputation with great warmth. When the Chief Justice came to deliver his judgment, he adverted to the circumstance, declaring that he had not the slightest wish to wound the feelings of his Learned Brother, whom he highly re spected. His Lordship added with emotion, that he trusted none of his Brothers would ever be in the same situation as himself, in one respect at least: he sincerely hoped that they would always enjoy better health than Providence had been pleased to bless him with, and they would then never feel that imtation both of mind and body which might cause them to utter hasty expressions, that never could be so painful to any one as to the person who bad uttered them. ; ; • • 41 SALFORD SESSIONS, Jaw. 27. 'IMPORTANT TRIAL TO COTTON SPINNERS. Y. O'Neal stood indicted for an assault on Ellen Jefferson. Ellen Jefferson stated, that her husband was an engineer in the employment of J. Latham and Co. She knew O'Neal; she was in the habit of seeing him ; she worked in the same room with him came. On the 23d of November last, was going to her tea about half past five o'clock; she saw O'Neal and other men; heard O'Neal say, " I have heard that Latham % have got the engineer's wife to spin ; if I can meet with her I'll kill her." The same esienfng was leaving the factory about eight o'clock, was let out through the private door; saw O'Neal and three or four other men agar the factory; had her little girl with her. They went towards the bridge. Her little girl said—" Oh, dear ! they are coming." The mtn came up to them. O'Neal looked her in the face, and said—'• Ire have got her now ;" and immediately struck her a violent blow on the head with a stone; she did not fall with the Sint blow, but was struck again by another man, which felled her. When on the ground she was kicked, and then became insensible ; Is sure O'Neal is the man. Afterwsrde saw Mr. Latham, and told him that she knew the man, that he lived near the factory, and had on a fustian jacket. On cross.esamination by Mr. AsnwoßTH, she said—l did not' say to Edwards that I could not know who the man was ; I did rot describe the man that night. I did not say that I did not know the man, because my eyes were full of blood, and it was dark. I did say I did not know the man who struck the second blow. I have been out of the way to avoid coming here. I did not say to Smith I could not swear to the men. Re-examination.—l have said I have a small family, and do not kwon into whose hands they may get. I have said I did not wish to hurt the man. E. Jefferson—l am daughter to Ellen Jefferson. I recollect my mother being hurt; I saw a stone thrown at my mother. She screamed and fell down ; I did not see the first man strike my mother. W. Latham—My father has a spinning factory. There was a turnmut in October, and another in November last. On the night in question I let Jefferson out at the private door. Soon after heard a scream. She was very ill hurt. The next morning she described the man said he worked in No. II room, and afterwards in the cock.loft ; that be had a fustian jacket on. Her description answered to O'Neal. James Jefferson--I am the Minium] of Ellen Jefferson. I stopped behind that night. O'Neal was one of the turn-ours. I heard her scream; she bled much, and was ill fur four or five weeks. C. H. Hyde—l am a surgeon. I attended Ellen Jefferson for a tooth; found her greatly exhausted. She had received a very serions injury. E. Owen—l am a solicitor. The ease, on the first warrant, was dismissed, on the ground of the statute requirini; two witnesses agates, OatatliCl . e have oruegrii Ellen Jofferenn bore by • subpena. DEFENCE. Harriet Clarke worked at Berby's factory. On the 23d of No vember last saw E. Jefferson near the bridge. Saw three or four men, about twelve or fourteen yards off, coming from Jefferson ; cannot say there were none so tail as O'Neal. Elizabeth Edwards—ls neighbour to Ellen Jefferson; washed the blood off her on the night of the ?3d of November. A night or two afterwards I asked James Jefferson if he had found out the men. His wife said, "I will not swear to please thee. or any other man, for my eyes were full of blood, and it was dark." Cress-examined by Mr. Come max.—My husband is a foundry man. A few weeks ago he was out of work a week because of low wages. W. Smith—Ellen Jefferson told me she could not and would not swear to the men. _ _ . . Gross-examined.--Jefferson and me were alone in my sbnp. Margaret Campbell—O'Neal lives with me. Mrs. Jefferson erne to my house last Tuesday but one, and said she had been out of the way since the Saturday before, but they bad met her by chance and given her a summons. O'Neal said—l can't help that ; yourself has brought you in this hobble. Cross-examine-hly husband worked is Glasgow ; was out of work two months through a turn-out. ilarnes Kennedy—lt as with O'Neal on the night in question, '!rene six I. rune, p.m. O'Neal then went home. Cross. exurnined—l live near to where the matter happened. , •is A turn-out from hatliam's factory, but now work there. ,lbhn Woiran—On the night in question I was with 'O'Neal liana six to nine, p.m. It struck eight when I was near the Ea eking*. —. thought It was the old church clock; can't foils any. judgment what clock it was. I :on a spinner ; I was not In work. For the prosecution Mr. E. Owen was celled, and stated, that when Worth area before the Magistrate he swore positively it was tlye.old church dock he heard. W. Kilhy—At the time in question the old church clock did not strike at all, being out of repair. Verdict—Guidtp. trace.—To be imprisoned three years in Lancaster Castle, and - feud two sureties to keep the peace fot two years longer. This trial lies attracted great attention in this town and neigh. houebood. The issue of it was waited Inc very anzioutiy by a crauded Court. It lasted seven hours. The master SpillOCl6, as waif as the operatives, were present in great numbers. As A. Christie, Esq. of i' - eterborougit, was hunting on Tuesday, his horse fell with him, and he was so much JIM that he was obliged to be conveyed home in a carriage.' IRELAND. COURT OF KING'S BENCH, Millais, Jar. 26. SECOND DAY. LIBEL ON THE LORD LIEUTENANT. THE ZINO, AT TIDE PROSECUTION OP THE ATTORNEY . GENERAL V. CHARLES BOLTON JOHNSTON AND TIMOTHY HAYDN. sai nt morn Tke int, tr a i t t Judgesten was o'c a l s oe c k ro , „. t . h d e edas on to t : from the esullent arrangements made by the Under Sherif, th e p th read eir stztsduoyn. butthe auditory were in no material degree inconvenienced. The Ch ief Justice immediately proceeded to state the judgment of the Court WAto whether the communications had between Mr. Rody te and the defer.dant, (Haydn,) were con fi dential comtnual- I cations between attorney and client, which it would be improper to , disclose. In the ease of 'Wandsworth w. Hamblin, 2 Brod. and Bing. note P. h. decided by the present Lord Chief Justice Abbott, lit March, milltlt9u,itiat.wtuun,GueCniiteled, zntirtmantote,CWonfrubuunsiicaneGoon; was a ti p u ri e v r i 19g. Br I ed od on . w h a m t.l ad d . been overturned itt the cue of t:ormack V. Ilea b: t i n t cotte, Bing, decided on the 20th Feb. 1 1 124, and also by the case of 'Wil liams v. Mundy (C a rrington, IM ) ; and also by the case of Bram well v. Lucas, 2 Barn. teed Car., 7.11.1. mu T u l t r at e Ctiountiolltbrewtwereeenofuoupyindinonautldiatilu.bridteerutthuatest b d e ecs uu i us in i n d s eted , the a c t o b tn e. . Ing in the nature of pridessional, Lad. therefore, privileged com munications, and that Mr. White should not be compelled to answer. Witnesses were examined who proved Mr. Haydn to have been couneeted with the l'atriit t Evening Mail, and Star. 1 Mr. NORTH now rose to address the Jury for the defendant, Johnston, and he thought It right, at the outset, to afford a full and i frank admission, that if the production which had been given in , t evidence bore the interpretation put upon it by . his Majesty's At torney-General, that gentleman would be wanting to himself, to the Lord-Lieutenant, and to the country, if he did not make it a subject of prosecution. But it was note libel, such as the Attor nee-General had declared, or, that he came there that day to defend. If the character of the publication were of the description imputed, he should, with an utter hopelessness, have shrunk from the defence of any man who could have been guilty of giving publicity to a do cument so foul and false as that desuibed by the Attorney• General. But there were two inquiries necessary, and in the consideration of these he would require, and he entertained no doubt but that he should receive, the aid of the Bench. The two questions were short ly and simply these :--First, did Johnston publish the libel as charged ? and, secondly in publishing it, did he transgress the fair limits and boundaries of public discuseion ? And, in the consider ation of this latter question, there were some rules of law which appeared so perfectly plain, that it was quite impossible to dispute them, before the minds f the Jury, who were calm and well. judging men, could_ be coerced in pronouncing that Johnston had been guilty of giving publicity. It was no avec by the -laws of England to be the proprietoe of a newspaper, in which a seditious libel may have made its appearance—no man was called on to plead to such a charge, and the Counsel of any person ac. cused, would advise him to demur to such a charge. It was no crime to keep a bookseller's shop ; it was no crime in Mr. Milliken or Mr. Archer to have sold a seditious libel, but having given pub licity to a particular pamphlet in which there existed libels, it then became a question whether the bookseller published this pamphlet or not. So in the present case they must first be convinced that the article declared, as to the indictment, was libellous, before they con victed his client, Mr. Johnston, of the publication. That Johnston published the article was a fact which the Crown should have proved by distinct cogent evider,ce, and it is a fact not easy of proof in all cases. So well aware were the officers of the Crown of this difficulty, that the Legislature had enacted an express law to relieve the Crown from that embarrassment, and making it imperative on the publishers and proprietors of newspapers to make an affidavit of their being the orly persons exercising their respective duties in each newspaper establishment, and obliging them also to deposit a Number of each of their publications, which might at all times be evidence of the contents of ;he paper. These were the statutable proofs which the Crown was enabled to make, of articles published ns each paper. Accordingly the Crown resorted to the provisions of this statute in the present case, and an attempt wan made to prove that Johnston was the registered proprietor, and had mode the affidavit of his responsibility at the stamp-office. To prove this fact several witnesses were examined, the amount of whose evidence was, that it appeared the name of Charles Bolton John ston was subscribed to an affidavit made in the stamp-office ' but as iamortant link was yet wanting—that is to say, the idcntitm of Johnston, which was cot m all established by any evidence given during the trial. The Crown not only neglected to exantilie the officer before whom the affidavit was sworn, but also neglected to read the affidavit itself, and Johnston was not therefore proved to be the statutable proprietor. The case, therefore, stood as against him, upon the old provisions of the old law of the land, and he (Mr. North) thanked God they did again breathe under its consti tutional and protecting influence. The SOLICITOR-GENERAL here rose, and requested permis sion to read the document, which form had been accidentally omitted ; but, as it was already in proof, it could not be con sidered in the nature of new evidence, and therefore not to be objected to. Mr. North and Mr. O'Connell both strenuously objected to the reading of the affidavit, after the case had dosed on the part of the 'Crown. The COURT were of opinion, that as it was a document which had been already in proof, the Crown was privileged to read it. Theeffidavit was then about being read, when Noura, in a very energetic and animated tone, said he would concede to the Solicitor-Generel that the Crown had--had what ?—a scintilla of evidence, that there was an affidavitjsworn,but there was one position which no Solicitor-General would dispute; namely, that if the Jury were out satisfied, that the Johneton who swore that affidayit, was the same Johnston against whum the in formation was filed, he did not come within the meaning of the statute. There was a rule of evidence which he would denominate the Magna Charta of legal rights. It was an impenetrable armour, shielding their property and lives, and through which, neither the authority of power, nor the finesse of legal ingenuity, could pene trate. it was that rule of reason and law, that a party is bound to produce the best evidence the nature of the case would admit of. Scintilla was a Latin word, the English of which was, a spark-- just something that could be discerned—come feeble glimmering, or " Will-o'-the-Wisp"—not that steady, clear, refulgent light, which, in the way of evidence. giesy should have thrown on any fact they required to prove. TI. ractice of relying on a aim/ilia of evidence, and requiring Juries to find their verdicts on such proofs, was of the most dangerous tendency ; it was calculated to bring the law of evidence into a state of frihtful laxity, in which oo man's life or property would be safe. I t ut he would tell them what would have been superior evidence—the production of a wit ness acquainted with the hand-writing of Johnston—or a witness who knew his person, and saw him make and sign the affidavit, would have been superior. But there was no evidence given to any such effect. Ile would now proceed to wrestle wish the phantom of evidence that had been exhibited, until he suceerded in chasing it to its grave. In CASS& of murder, circumstantial evidence was received, because, Ginn the very nature of the crime, and the cha cutustances of secrecy and privacy which usually accompany its commission, repulsed the possibility of giving better evidence ; but whet was the nature of the circumstantial evidence required in such MKS ? Why, a uniting of facts that could leave no doubt of the guilt of the party. The Learned Gentleman then proceeded to comment on the evidence given to prove Johnson's having signed the affidavit. lie then drew the distinction between his being the registered proprietor, or merely a proprietor under the control of the ordinary law of the land. In the latter character, which he contended properly belonged to Johnston, it would be for them to say, whether the evidence given was sufficient to affiard a satis factory conviction to any reasonable mind, that Johnston knew, or was cognizant of, the publication of the alleged libel, and he had the authority of the Attorney-General in that splendid statement of his, the recollection of which must be fresh in their memories, that Johnston was not the object of the prosecution---that he wa s con. sidered as the mere nominal proprietor. And what, be would ask, was understood by a nominal proprietor? A fictitious cha. meter, a person giving himself out for what he really is not, and assuming privileges he does not possess. If the Crown had not admitted that fact, he could not use the argument with the same effect; but how did it stand, upon the admission of the At. Lung-lacuna ? Why, that Johnston'a was not that guilty mind which lent its powers to the composition of that which the Crown considered necessary to prosecute as a libel, but that his name was merely made use of by another. Couple that admission with the evidence of Ream, who stated that when he met Haydn, that gen. 'lemma became agitated on being informed of the ex-olicio, sad. that he introduced to the witness (Rearm Mr. Johneton as pro- prietor. That was evidence they were not permitted to object le, but It was not conchrrive evidence, and was calculated to have the effect of misleading. And if Johnston was put forward as the proprietor, though the nominal one, and that Ilayda stated in his' presence that he was proprietor, surely if Johnston consented to play the proprietor, it was not to be expected that he would deny his being such, but rather that he would give an appearance of acquirer -env: to the character in which be hail consented to be re. presented ; but the matter went farther, for Haydn, Johnston, and limn, having gone into a tavern, what does it appear was the eon. duct of Johnston ? Why, he was careless and indifferent, and did not shire the anxiety of Haydn. who, however, afterwards became somewhat pot-valiant, end said, " No matter, here's the health of the Attorney-General, who Is about to crown the Star." Johnston's conduct was just what would have been expected from one not having any inserest in the crowning of the Star. But sup. pose he should go a little further, and having satisfied the Jury that Johnston was not the registered proprietor, hut was something more ; that he was, in fact, the real ar.d bons ifdl proprietor, yet he submitted that, allowing Jclmston to stand in the latter elm tarter, there was not t vidtmee to convict him of' being guilty of publishing the article for which ho is prosecuted.—For lit him not be told that his being the proprietor of any paper, is which a lit,ellous paraluaph shall be published, will convict bin e ter holaitosartney4cethem bel aynlaieroui n cirimpu. g aruilgalifl t bki h aniioc c iedh p Fhe u uraripc h n.n l i pcen s artt h ,e th e an c itel , erdia lr hti c alcir r norn : u u oicb s tsuh e ru ,. eapplir u polti n :una d: e r Diadituhe t b, h bruilci o ag.s r ie c niti l i iT n boe ar lripille y tu:toed l .o ;t :i w ecapa , rtilo y iniop o bi ti lileraja: m toobin u rsuce s et : be e e sta te t z uta tst b e l rud e responsibility with i t y he l y ia s b l it iould th wi ll th ut t o b t c he gu rw i ise ity , lie would be only subject to that responsibility thrown upon him by the law which existed antecedent to the statute. A man may be answerable for debts contracted by his partner, Itut he is not morally or legally liable for his crimes. As well might it be said, that the partners of the unhappy Mr. F.auntleroy should have suf. feud the penalty of death for his causes. Alen may be partners lea THE BRITISH PRESS. . trarloarete,eynet in rhwatidnomg thea go the length e of ia m ws ak f i o n t g Offences of each other. Though one man rosy be made civilly re wponeible for the acts of another, et y it is not because he is his coadjutor, but because he arts under his directions ; as in the case th th e em crim i° in in al t of a bookseller, who is answarable for a libellous work sold in his shop by his shop-keeper, beanie the servant acted for the master. But, under the ordinary:law; it never was said that persons baying a co-ordinate authority in the management of a newspaper, were each equally liable for the offence of the other. if such were the case, it would not have been necessary to enact the statute under which the present prosecution was sought to be supported. Having, he hoped., established a conviction in their; minds, that there was no evidence of Johnston being either a registered proprietor, or the publisher of the article, he would prcceed to ano:h .• lc ; but before ,he did so he would ob. serve., with refire fro . what fell from the Attorney-General,' as to the rumou g gone abroad, that he had been guilty f ia of merciless prrsee don towards the defendant. Persecution is a harsh and offens ye term, and be had ever thought that ex aggerated terms produce no advantage, and manifest bad taste. He wits not instructed to charge the Attorney-General with per secution, and his own feeling and opinion would prompt him not to do W. He was sorry the Attorney-General had taken the trouble to contradict what was not imputed to him. But, however, the facts of this case were, that three informations had been tiled against the defendant—perhaps, during intervening periods discoveries had been made that ennvinced the Crown that Johnston was but the nominal proprietor, and that they would be enabled to bring home the publication to the real publisher. He was very far, indeed, front insinuating any charge of harshness against the prosecutors ; but as the matter stood, there was certainly a great hardship en the defendant being several times duped by the prospect of this prosecution being abandoned, and alternately relieved and reloaded with the miser, of mind consequent upon an es-of f icio intorma tion. He could not well understand why it was necessary to alter the coons in each information, and from a multitude of counts reduce them to two, and then increase them, and again reduce them. He nnderstood it was by repeated touches that sculptors produced perfection, and perhaps Mr. Townsend, with his legal chisel, at length revived the beauty of the I r illill de Medici: or the Apollo Belvidere. He solemnly declared that he never looked in his Learned Friend's face, that he was not impressed with a con. sciousness of beholding all that is venerable in the law, and sound in opinion t and when he had learned that the last information was i complete, he was reminded of Lord Coke's celebrated aphorism, "literate(' be the mending hand." Certainly the artist who model led the present information, had the merit of producing what might be termed an unique in the law—a libel put upon the re. sold without a single inuendo; for he did not mean to consider as inuendnes,thst Wellesley meant Wellesley, Wharton, Wharton, and Woodstock, Woodstock. His Learned Friend's practice in this instance reminded him of that of some of the commentators, who threw a blaze of light upon subjects that were evident to the plainest understandings • but when a difficult solution came in their way, they preserved a judicious silence. Now he would tell them the use-and purpose of an inuendo—articles and paragraphs might be en written, that at the first blush they , would strike the reader as libels, and required not the explanation of a lawyer to convince a man they were such ; but there were other cases where what was said with apparently one view, really had an opposite meaning ; and in proving that such a paragraph was libellous, it would be necessary to explain what was the meaning intended to be conveyed ; because, although the Jury might very well understand its application, yet without an inuendo stated, there could be no permanent record upon which a defendant's innocence or guilt could appear. There would be no distinct issue upon which the Jury were to decide, whether the person named in the informations was the person alluded coin the paragraph, and as no description was so capable of conveying one's meaning, lie would illustrate his position by an example. The Learned Gen tleman then cited the case of the ex-if/hip against Paine, for the nicht* of Man, in which many protege; were complainedofi one of which was, " That the time was not far distant when England would regret having sent to Hanover, at the expense of seam thousand of pounds, for men who neither understood her laws, lan guage, nor customs, and were not fit to fill the office of parish con. , stables." In the informations it was inuendoed, that %Villiarn the Third was meant by the words mew, and that consequently the glo rious Revolution of 1688 was libelled, andlthe illustrious House et( Hanover brought into contempt. There it was necessary to insert. upon the-record and to state the inuendo. The moment the limerick was tested, an issue was raised, and upon that issue the Jury dim tided, and by it the defendant was to abide. If they took upon them to consider of an ambiguous phrase set before them, applied without an inuendo, what authority or ground would they have for deciding upon the innocence or guilt of the accused, or what permanent record would the Court have, to which to affix his guilt, or, as he trusted would be in the present case, what permanent rah{ cord would they have to which to refer for his Innocence, or what 1 punishment could be awarded to the convicted in the absence of any recorded offence ? If the Attorney-General is not content to take • paragraph in its obvious sense, but must put his own construction upon it, he is to do so upon the record, and not tor the first time acquaint a defendant with it at the bar of justice. He did not knew a more happy illustration of what he meant to convey, than by sup posing a splendid house, most perfect in the architectural arrange ments of its interior, but wanting so indispensable a portion as the stairs, how they were to climb up to the rooms, or view its beau ties ? If they said Lord Wharton, thereby meaning Lord Wel. lesley, there would have been a fair question to try. It wasever an opinion of his, that lawyers were not the best judges of political li. hell. Their habits were peculiar, entertaining a very high respect for authority,—(theirs is an ambitious profession)--generally look.', ing forward to preferment, and if any lawyer wan peculiarly di-. 1 ,qualified for being a judge of a political libel, it was an Attorney. General. Along with his natural bias, there are still stronger ones necessarily arising from his official situation • ' he is identified with the Government in feeling and interest, and he views all disappro. ' bation of his coadjutors through an exaggerated and perverted me dium. Let it not be supposed, that in those observations, he, for a moment, meant any thing personal, for he did believe, that no man ever filled the office with a more ardent zeal for the liberties of his fellow-citizens, or warmer attachment to the true principles of the Constitution, than the present Attorney-General. But as an illustration of the inability of lawyers to judge of political libels, he should remind them of a well-known circumstance. Sir V. Gibbs might be surpassed br others in the powers of eloquence, but no man i exceeded him in legal discrimination. He had been concerned teatime of life, when feelings and opinions take a firm impression, in securing from the perils of constructive treason Home Tooke, when he and his friends were called upon to answer that charge at the hazard of their lives, and it has been a subject of gratulating recollection with Sir V. Gibbs in his latter years, that he was concerned with the Atlas of British Liberty, Lord Erskine, on that memorable occa. sion. Yet, Sir V. Gibbs, when in the office of Attorney-General, so far forgot his veneration of the press, that he instituted a prose cution against the Marnine Chronicle. for observing in an article What a crowd of blessings rush upon one's mind, that would tall to the lot of the country if an entire change of Ministers took place; and if ever Monarch had an opportunity of becoming nobly popular, it was the successor of George the Third." Lord Ellen borough, who was not a whit more disposed to surrender preroga tive, left it to the Jury in that case to say whether such an observa tion exceeded the fair limits of discussion, and, of course, they had no hesitation in deciding that it did not. He made use of that example, in order to impress upon them the necessity of not yield ing their nndrrstanding to the dictum of great talents, ingenuity, and prejudice ; for there was not one of them but was more capable of giving a fair interpretation of a political article than, he would say, with great respect, all the LAW Officers of the Crown. It would be tor them to decide, whether the liberties of their fellow. citizens were to abide the hypercritical acumen of an Attorney. Generals lie would not ask this issue to be tried by shy other law or test than the profession of the Attorney-General, and would never interfere with a political discussion of men or measures. Is that principle were acceded to him on the present occasion, lie should consider himself as arrived in the haven of safety, and be would now show that there was nothing in this paragraph but what strictly applied to a fair political disquisition. They were aware of the political principles upon which the Star was conducted. It might be that those principles were carried to an imprudent length. There might be some of the Jury who dissented from the polities of the Star, but there were none, he was sure, who dissented from this position—that the subject of the Protestant Ascendancy was a legitimate topic for newspaper discussion ; nor would it be said that impeaching others with entertaining au opposite opinion to that supported by the Star was a libel, for some of the greatest characters in dm empire have registered their diseent to those doe. trines. He would not suppose it could he considered tut abuse of the liberty of the Press, to state the opirions of some of those pest and splendid characters, such as bards Farnham and Enniskillen, whose zeal on the other side was notorious, and who might aril them selves of their privilege of hereditary Counsellors of the Crown, and waiting upon Lord Wellesley, say to him, that, as experienced sub. iects, they would strenuously counsel him that he had lost his popu. larity with that portion of the public which was valuable, and refer him to the page of history, where he would find, that, notwithstandi. ing the profligate character of Lord Wharton, he enjoyed a greaser share of public favour, because he supported thuee principles which were in opposition to the policy professed- by his Excellency ; and in order tie more effectually to enforce their opinions, they might draw an historical portrait of Lord Wharton, to make tho contrast more complete, by enumerating those virtues whit► he wanted, and which Lord Wellesley possessed. If they assured hint that the Rote source of popularity was to be found in possessing the principles of the glorious Revolution, instead of courting the favour of the Catholic Association, who treat all his zeal in their cause with sneers and scoffs ; whilst one of their orators compare his despatches to those of the great Roman tyrant, notwithstanding his anxiety to conciliate—if Lord Wharton en joyed populority, though notoriously pro fl igate, merely because he professed those principles—this would not be considered invidious or effensive. The Learned Gentleman then proceeded to Impress upon the minds of the Court and Jury, that such was the true in. ter pretation of the alleged libel, and concludsd a splendid piece of eloquence, by referring to the pan lode exertions of Swift, whose. powerfidly and ably drew the character of' Lord Wharton, and. who, if assailed by rx-officios for the " Draper's Letters,^ would never have effected the services he had rendered to his country, through the nu ditto) of the l'ress. Alr. North, in the course of his speech, read the following beau tiful character of Swift, from the celebrated State if Ireland, Pad and Prernt : " On this _gloom one luminary rose, and Ireland worshipped it with almost Persian ittoliatry : personal resentment was, perhaps, the first motive of the patriotism of Swift, but it assumed in its progress& higher port, and directed itself by nobler considerations. The jealousy of the partisan soon expanded into the genmous de. -ration of a patriot, and the power of his mind, and the firmness his character, raised him to an ascendancy which no other ino: " I tYU attained or dezved above suspicion, be was tr,v-' . _ . envy, he was beloved ; above rivalry, he was obeyed. Hia dein was at once practical and prophetic; remedial for the pre sent, warning for the future ; he first taught Ireland that she might become a elation, and England that she might cease to be a despot. But he was a Churchman. His gown impeded his course, and entangled his efforts. Guiding a senate, or heading an army, he had perhaps been equal to Cromwell, and Ireland not less than England ; u it was, he saved her by his courage, Improved her by his authority, adorned her by his talents, and exalted her by his fame. His mission was b4it of ten years, and for ten years only 'did his personal power mitigate the Government: but when no longer feared by the great, he was yet not forgotten by the wise— his influence, like his writings, has survived a centurr—and the foundations of whatever prosperity we have since erected, are laid in the disinterested anirmaguanimous patriotism of Swift." The most rapturous applause followed the conclusion of this eloquent and Learned Gentleman's address, which occupied the Court upwards of three hours, and of which the above is but an abstract of the topics adverted to by him. The Attorney-General and Mr. O'Connell shook Mr. North most heartily by the hand, upon his sitting down. Mr. O'COWNELL followed for Mr. Haydn, and applied himself particularly to the law of the case, which he argued and dilated upon with peculiar ingenuity and ability. He concluded by ob serving, that Mr. Haydn and he differed upon political subjects, but they were both agreed upon one principle—the value and ines timable privilege of trial by jury. If they found the defendant guilty, they would send him to his cheerless house, with the cer tainty of being scon torn from his twelve children. If they ac quitted him, they would send hint (Mr. ('Connell) to his ten children and happy home with the most gratifying sensations. The Court then adjourned to this day, when the SolicitorXe nets! is to reply. A transaction of a nature peculiarly unfortunate occurred, we are informed, on NVednesday evening last, in the vicinity of Itattifry- Land. The parties concerned are, a man of the name of 'Wright, and another, whose name we understand is APllurney. The for mer, it is mid, had injured, very sensibly injured, the character of the latter's mother, by fabricating and widely circulating a mali cious, unfounded report, which he continned to repeat, though publicly known to be fal se. ill'Burney felt himself hurt, his in dignation was aroused,--in a moment of unguarded passion he vowed revenge, which, alas ! he too amply accomplished. Rs turning from Rathfryland, on the above evening, he overtook the object of his resentment—an altercation ensued, and he unfor tunately struck him on the head with a stone hammer, with such violence, that part of the brain was protruded through a fracture in his skull. Medical assistance was promptly afforded, but the un fortunate man, though still alive, cannot be expected to survive long. The offender was instantly apprehended and put into con finement, but has subsequently made his escape. At the Balling, Theatre, on Friday night last, a row occurred which had threatened to be very serious in its consequences. Three cheers were proposed from the gallery for the " Brave O'Connell." This proposal not bcing received with all the unanimity that was expected, gave rise to some angry feelings that ended in a vio lent uproar, during which time the passing and repassing of the contending parties caused the gallery to come down, with a terrific crash ; the effect of this catastrophe on the female part of the audi ence may be well imagined ; the ladies flew from the boxes to the stage, for refuge, and it was long ere order could be restored. (From the Limerick Chronicle, Jan. 211.1 111 ult DEIS D OUTRAGIII.—By the exertion of W.H.Pearse, Est C. C. Patrick Molony, charged with being a leader of the gang who murdered Connell. at Bilbao, was apprehended on Sa turday last in a glen near Keeper Mountain, whither he had fled for safety. Ile was lodged in our county gaol on Sunder. On the evening of Wednesday last, the police at Ilallingarry found a man, named Morrison, lying in a dyke, near Ballinleena, in a wounded state and speechless. It appeared that the side of his head had been beaten in by a stone or some fiat substance. A per. son named Thomas Roche, who has absconded, is charged with the murder. On the night of the llth inst. a person named Ryan was found dead in the street of lsalbally, in this county. It is ascertained that he was murdered; two persons have absconded, and a third is in custody. A clue has recently been discovered, leading to all the circum stances of the atrocious and unnatural murder of John Ryan, at Ballyvorneen, near Cahirconlish, in October last. This clue has, within those few days, been rendered more clear and satisfactory, attaching the strongest guilt to four persons now in prison for the crime, and for whose conviction the tallest proof is in preparation. The details of this horrid murder, when given in evidence, will affect the most callous feeling, more especially when the near re lation of one of the parties is considered. On Saturday night the house of Patrick Leary, a farmer, on the lands of Loughmore, south liberties of this city, was bur wlariously entered and robbed of 41. in notes, and 12s. fed. in silver, by two fellows, the amount of a load of wheat he sold that day ; the poor man denied the money to the last, until he was struck on the head and cut, when his wife, to save his life, told where it was. On Monday evening last, Thomas Reardon, of Castletown Conyers, was met near that place by three men, who knocked him off his horse and attempted torch him. On Friday evening a man, named Macknett, was way-laid on the road near Ballysieen by a number of men, who beat him in a cruel manner, broke his skull with the coulter of a plough, and left him nearly dead ; there are no hopes of his recovery. Since last assizes nine murders has* been committed in this county. POLICE. MOW-STREET. Saturday C. Lockay and J. Wood were brought up on suspicion of burglary. Early on Friday morning the parlour -shutters at Mr. Pluckett's, 311, Cummins-place, Pentonville, were forced, and a mahogany tea-caddy, a great coat, and other articles, were stolen. Donaldson, the officer, being informed of the robbery, discovered that the prisoners had left the identical caddy in ,c harge at the Crown and Thistle, in St. Martin's-lane, and on their calling for it on Friday night were secured. They were also seen to have a great coat, similar to the one stolen, in their possession. When brought before the Magistrate, they declined saying any thing, and were remanded. J. S. Emmerzon, collecting clerk to Mr. Thompscn, linen-Oraper, in the Strand, wss charged with embezzling various sums of mo. ney ; but only one case was gone into, and he was remanded. WORSHIP-STREET. Saturday Harry Gof, a boy about sixteen years of age, was brought before Mr. Benett, on the following charge:— Mr. Jelliman, • respectable tradesman of the Hackney-road, stated, that on aturday evening he saw the prisoner and two other persons in Pitfield-street, going from shop to shop, trying the doors of some, and at others where they observed the people inside, pass ing on. At length they came to the shop of Mr. Wakefield, a linendraper, where, after reconnoitering to see if any one was in the shop, the prisoner opened the door and went in, the other two remaining outside on the look-out. Witness then crossed over to the shop, and gave the alarm, and on the shopman making his appearance, they questioned the prisoner, who, giving a variety of contradictory statements, they gave him in charge to a con stable. The MRGIST•ATE desired sonic of the officers to accompany the complainants with the prisoner back to the neighbourhood, and ascertain if any other of the shopkeepers had any charge against hits. As they were leaving the office for that purpose, the prisoner was saluted by several of his companions, amongst whom Mr. Jelli man identified a young man, named Arnold, as having been of the party of which he complained ; when Gotland Arnold were in stantly brought before the Magistrate for examination. Goff declared he had been at work till six o'clock in the evening, and then, wishing to purchase a pair of worsted cuffs, he went to the shop of 31r. AVeketield for that purpose. Inquiries were then made as to the characters of the two pri soners, which proved to be of a very unfavourable nature, Goft's friends saying that he had fallen into a very bad connexion, and for the last three weeks they did not know what had become of him. The MAGISTR•TZ said, that as there was no direct proof that the intention of the prisoners was to rob, they must be discharged. He at the same time commended the conduct of Mr. Jelliman ; remarking that, if shopkeepers were more vigilant In attending to their shops, it would in a great measure do away with those petty robberies, complaints of which were daily made at this office. a CORONER'S INQUEST. —.nor— In the beginning of last week considerable sensation was excited in Kennington, in consequence of a rumour which was circulated throughout the whole neighbourhood, that a lad, the step-son of a Mr. l'uddeford, had been beaten in such a cruel manner by his hither-in-law, as to cause his death. The lad, it appeared, died 'suddenly, and some of the people resident near Mr. Puddeford's house, upon hearing of the event, industriously propagated a report all over Kennington, that they had seen the father-in-law beat the deceased in a shameful manner, a few days preceding his death. 'The parish officers hearing of the circumstances, comddercd it their duty to make them known to Mr. Jemmett, the Coroner for the county, before whom an inquest was heM on the body of the de. ceased, last Friday, at the sign of the Wind-mill, public-house, at Ksnningwn, the result of which was, that after several witnesses were examined, who gave extremely conflicting evidence on the subject, Mr. Young, a surgeon, was called, who deposed, that he examined the body of the deceased, and perceived no marks of ex ternal violence. lie then proceeded to open the body, and dis covered that the Fiver and other internal parts were considerably diseased, which be had no doubt produced death. The Jury returned a verdict of " Death by the visitation of sod." of Heenan nx Wt'n•nnox-Cu*ss.—Nothing has yet transpired to elucidate this mysterious transaction. Lynn, !lye understand, appears averse to refer to it. In other re- Ispects his conduct is stated to be beconiing his condition.— ecks Chronicle. lludtlehl, the notorious receiver of stolen property, has been removed from Horsemonger-lane gaol, to the Retri bution Hulk, at Sheerness, preparatory to his transporta tion to New South Wales. Hr. J. Parkhouse, of Taunton, has a spaniel dog, which in the fielel is ferocious after rabbits ; but it is remarkable that this dog and a rabbit sleep togethee, and evince great „Semitic': for cad other, UNIVERSI2I" CA MBR I DGE, J sat. N. Ilia Grate the Duke of Buccleuch is admitted of St. John's College. At a Congregation on Wednesday last the following Degrees were conferred : Masters of Arts.--James R. Hartley, Queen's College; Joseph Smyth Eggington, Trinity ; Richard Edwin Daniel, St. John's; W'm. M. Clarering. ditto. Bachelor in Phyric.—James Townsend Moore, Caius Bachelor of Arts.—Joseph Jackson, St. John's College. Samuel Stone Rushy, Esq. B.A. of Catharine Hall, is elected a Foundation fellow of that Society. OXFORD, Jag. 29. On Thursday last the following degrees were conferred Master afAits—Rev. James Drummond, Christ Church, Grand Compounder; Rev. Robert Wrotesley, Christ Church; Rev. Charles Alleyne Anesty, Trinity College; Edward Pavis Nutt, Fellow of St. John's; Rev. Frederick Pegua, St. John's; key. Oeo. Norwood, Oriel College ; Rev. Thomas Hetling, Wa&sun College. Bachelor of Arts—William Bleech, Magdalen Hall; Richard Antram, Queen's College; illiam Legge, Student of Christ Church; James Temple Manoel, ditto; Frederick Surkey, ditto; Edward Higgins. Brazenose College ; Thomas Leigh, ditto; Jan Jackson, ditto; George Jenne, Pembroke College; Thomas Hope, University College. The Rev. David Williams, S. C. L. and Fellow of New Col lege, has been appointed to the Curacy of St. Mary's Chtadi, Brectnock. E. On Thursday last, Mr. Thomas Clotton was admitted Founder's Kin of New College. SPORTING INTELLIGENCE. HUNTING APPOINTMENTS. Ills Majesty's Stag Hounds will meet at the Crooked Dille, lyre Heath, this day ; and at Thorpe, Egbam, on Friday--each day at half-past ten o'clock. The Earlof Derby's atag-hou nds will meet to-morrow at Wickham Court, and Friday at Warren Farm--at ten. 11. Jolliffe's, Lan. fox-hounds this day at Handcraft, Wedree. day at Charlewood Park, and haturday at Chipatead Churc4—st tine. _ The Surrey foz.hounds this day at Hamsey Green, Th urs d ay at Crown Ash Hill, and Saturday at Westerharn—at half.past tcr, The harriers this day at Sanderstead, Wednesday at ditto, and Saturday at ditto—at tea. Sir John Cope's Hounds will meet to-morrow at Easthatrp. stead Park; on Friday, at MAUI; on Saturday. at West Greta; and on 'Tuesday, February Bth, at Dogmerstield—each day at ball-past ten o'clock. Mr. Warde's hounds will meet on Wednesday, Feb. 2d, at Tot. tenham Park ; on Friday the 4th, at Stype ; and on Saturday the sth, at White Hill. The East Essex fox-hounds Wednesday at Clare Town. Mr. Herding's hounds Wednesday at Beetly, and Friday at Blakeney Field. The %Vesture stag-hounds Friday at Swaffham Race-course. The Conock harriers Friday at Bustard. The %V erwiekshire fox-hounds to-morrow at York's Wad, Thursday at Tile Hill, and Saturday at Hay Wood. SH 110 PSUI RE /10UxDs.--Sir B. Graham's fox-hounds to-ma. row at High Onn, Wednesday at Euville, Friday at Pattingbant, and Saturday at Old Lodge Gate. Lord Yarborough's hounds Wednesday at Croxton Long Clow, Friday at Kingerby, and Saturday at Roston Wood. Earl Fitzwiliiam's hounds to-morrow at Castor Hanglands, and B Thursday at Waybridge Wood. Tux uivrox HUJIT.—Sir R. Sutton's hounds Wednesday at Sisailby, and Thursday at Fiskertoo Long Wood. Lord Anson's hounds to-morrow at Rathby Burrows, Wednet. day at Black Swan, Friday at Kirkby, and saturday at Croft /ill Mr. Meynell's bounds Thursday at Allestry, and Saturday at Heddleston. The Earl of Scarborough's fox-hounds Wednesday at Bossing. ton Bridge, and Friday at Grove. The Badsworth fox-hounds to-morrow at Freston Hall, Thun. day at %Vooley Edge, and Saturday at New Millar Dam. Sir George Sitwell's fox-hounds to-morrow at Sutton Hall, and Friday at Norton. Sir Richard Pulestoo's hounds Wednesday at Emral, and Fe.. day at locoed Park. The Chester harriers to-morrow at Caughall Bridge, and Than. day at Trafford Bridge. Sir Thomas Stanley's hounds to-morrow at Moston. The Cheshire hounds IVedneaday at Bartington Heath, Than. day at Miceledale, and Saturday at Oulton Lodge. An extraordinary instance of thorough blood and spirit 111 hounds was lately exhibited by the Anglesey pack. While preasieg a hare very hard near Glan-y-Don, on the north side of the Island, poor puss, in a fit of blindness or madness, threw herself headlong over a high precipice, and was instantly followed by fifteen couple of the hounds, who fell headlong from a great height into the sea, and several mutt have been drowned, had they not been fortunately picked up by a boat belonging to a pilot at anchor in the Bay. Those that had strength enough to land on a shelf of the precipice, were in still greater danger, and were only saved by the resolute courage of some of the sportsmen, who, at the risk of their lives, crawled down and brought them up one by one on their shoulders. The hare was found smashed to pieces between the cleft of a rock. —North Wake Gazette. THE GREAT TROTTING MATCH.—This match with Tm. yeller, decidedly the fastest trotter of the day, in and out of harness, took place in Ashley Park, near Bugden, the seat of Col. Staples, on Saturday, for 1,000 sovereigns. It was to perform thirty-six miles in three hours; and a carriage of the lightest description was made for this match. The driver was George Skeen, a jockey of eight stone, and betting was 5 to 4 on the horse, which had before done 28 miles in two hours, on the Saturday after the late Chelmsford races. The ground over which the horse trotted this time was a prepared circle of four miles. and we subjoin the time each four miles. were performed in, to show the steady pacing of this horse. _ 111- S. First four miles . . 19 40 Sixth . . . 19 50 Second . - - 19 41 Seventh . . . 22 10 Third . - 19 39 Eighth . . 19 40 Fourth - 19 42 Ninth . . 19 41 Fifth . • 19 40 Total hours 59 minutes 43 seconds. The bit was drawn once only in the 25th mile, and it will be seen that there was not more than three seconds difference in any of the four miles except in two instances. in one of which the bit was drawn, and in the other there was a break. DESTRUCTIVE FIRE. Saturday morning, about one o'clock, a dreadful fire broke oa in the house of Mr. Roland, occupied as a lodging.house for grit tlemen, No. 42, Jerrnyn-street, which, in a few minutes, excited the utmost consternation in the neighbourhood ; so rapid was the increase of the flames, that the whole premises soon became on. entire blaze front the lower to the upper part of the building, ths takes of fire issuing at the same time with the utmost velocity. through the windows, which had a most awful and terrific appear. ante. The destructive conflagration soon extended its dreadflid cages to an adjoining house, kept by two elderly ladies, Groves, which was also let out similar to the former; here the de vastation was resumed; and the scene became alarming; it was feared that the range of buildings to St. James's Church would fall a • sacrifice. The fire had also, by this time, communicated itself to the premises of Mr. Hazard, a fruiterer, on the other side, which burnt a considerable time with great fury. A vast number of en.. gine* were quickly on the spot, assisted by the firemen, and, al. though a plentiful supply of water had been speedily procured from the various plugs, which flowed in torrents down the street; all their *nations to save the burning buildings were unavailing, and it was Vping perseverance that the other buildings escaped destruction. t i e l hesr not an article was saved from the house of Mr. Roland • lad what property was secured from the premises of Mrs Groves is entirely useless. Of the former building nothing remains but the here walls, and the latter fs completely gutted. Considerable da. wage has been done to the back premises of several houses situated in Piccadilly. It is a pleasure, however, to state, that no lives were lost, nor did we hear of a single accident occurring. Sir Frederick and Lady Baker and family were obliged, in eon. sequence of the fire which adjoined their house in Jarrnyn.strset, to escape to the Waterloo Hotel opposite. RTIIS. On the nth instant, at the Hermitage, Stamford Bill, the lad.. of Samuel Philip Rickman, Esq. of a son. Ou the 18th instant, at Brynbella, the Lady of Sir John S. F. Sainsbury, of a son. HARRIED. On Saturday, at Harney Church, Mr. George Ortne, of Orea Surrey-street, Idlackfriars, to Mies Peat, of Southwood-lane, Hizh• gate. On the !7th inst. by the Rev. Thomas Hyde Ripley, the 1141 William Hutton Wilkinson, R.A. of St. John's College, Cam bridge, and of Nether Hall, Suffidk, to Eliza Caroline, daughter of O. B. Tyndale, Esq. of Lincoln's Inn-fields. On Monday fast, at Blackburn, Mr. Joseph Armstrong, cotton merchant of Liverpool, to Jane, second daughter of Richard Rd ton, Esq. of Darwen Lodge. DIED. On Wednesday, the 19th inst., m his 47th year, lb. %V. Aicock. of Princes -street, Cavendish-square. On the 28th insL at No. b, Duke-street, Port Land-plans, lir James Thompson, surveyor, in his 54th year. On AVednesday last, at his house in Pentonyille, Alexander Ta loa, Esq. who has long been the proprietor and conductor of the Star evening paper. Last week, at Holt. Mrs. Ann Edge, in the 104th year other age. On the 28th inst. Thomas Wapshott, Esq. of Chipping Norton. Oxfordshire, aged 90. On the 25th inst. aged 76, Mr. Isaac Venn, of Duke-street. Portland-plate. On the 26th inst. at Leyton, in Essex, Joseph Cotten, Esq Deputy Master of the Trinity Howe, in his 79th year. HIGH WATER THITIYAYAT LONDON BROW Homing 26 mit. after 11. Mimeos 0 min. alto 12. Printed at THE BRITISH PRESS O. by J. W. CASSINI 161 1 /Wand, sad published by B. Ciumeil l ow rim I r as 'bat NI IMII R` dnri~ ral 1:13 Male NOUN afoot Ideas Chun Shtlib Thi Dearly Zama PIM' dr bl Thi Ea: ;Nur! blithe cosi the 1 POI Ti fralu • r