The Sun. — London, England, 1827-06-07 00:00:00

['hese papers state, that, after a careful perusal of the lobart Town Gazettes, that Colony seems gradually im- Toying, under the guidance of Colonel Arthur; arm' he iad, in c onsequence of the series of outrages perpetrated the aborigines of the Colony, issued a regulation for the mnishrnent of such crimes as they committed, and points ut how far the settlers may use force in repelling their ag ressi°4o. Considerable inconvenience had been felt from a lrought in the Colony, which had obliged the cattle to be lent very far inland. Letters from Brussels state, that a Russian Cabinet 'courier had passed through that city, for London, from St. Petersburgh, and that it was immediately reported that the Emperor NICHOLAS had decided to have recourse to arms against the Turks, and that a considerable armament was preparing at St. Petersburgh. THE FUNDS-(THIS DAY). CITY, Twelve o' Cloch. The English Funds have had some pretty extensive busi ness doing this morning, and there have been what is tech nically called some good sellers in the market. Consols opened at 844 4, but, in consequence of several sales be ing effected, they dropped to 84A- 4, and were at one time nearer 844 than any other price ; they have, however, improved to 844 4, looking heavy. India Bonds and Ex chequer Bills have not had any material alteration since Yesterday, the former being 78 80, the latter 48 9 pm. In the Foreign Funds some business has been doing in Colombian Bonds, which have varied between 294 and Sol; they are now 291 SO. Mexican are steady at 684. Spanish have appeared to be a little on the move, 124 the price ; if this is occasioned by any hope that the arrival of th e Spanish Ambassador will afford some prospect of a more healthy state in this security—if it can be called by that name_ the speculators we fear will be most seriously disappointed. At length there is a market for Shares, which has not been the case for some time, and it is quite a novelty ; a slight improvement generally may be stated, but still they all remain at a large discount; but it is one comfort, after all, that a holder can get an offer, for he can then use his own discretion as to making a greater or less sacrifice. Brazil Mines are at par to 1 pm. MiNits.—Anglo Mexican, 50 dis. ; Brazilian, par 1 pm. ; Colombian 10 12 per Sh are; R eal del Monte, 70 dis. ; Tlalp uxa b ua : 50 dis. United Mexican, is die. , Bola nos, 100 dis. wo o Cak. Consols Co n ti nue st i ll much depressed, T and ' the price declined as low as 831 at one time; they are now a shade better, and 83i a 84. The state of affairs between Russia and Turkey relative to Greece, and the probability of our interference, as well as the disturbed state of the public mind at Paris, are given as the causes of the decline. C olombian 6 per Cent. Bonds have had a further decline of n an early 2 i per Cent. , and are quo t e d now a t 28 ; Mexi c, 68. Consols, 83 THREE 0' CLOCK. " f, buyers. FOUR O'CLOCK—CLOSING PRICES. Consol s • Danish Bonds 611 D o. for Ac. 83i 84 Greek Do. 1825, 171 Brazilian Bonds Mexican Do. 1825 68 13nenos Ayres Do. 60 Peruvian Do. C olumbi an , Do. R uss i an D o. ‘'oitinibian, 1824, 28i Spanish Do. 12k OLD BAILEY--(THIS DAY.) OLD COURT. jonathan Thompson, aged 54,, was convicted of stealing 4 W4 teh, 21. I. 6d. in money, and a quantity of wearing IPPod from his fellow lodger, Henry Willi ams. Tb • i l td Th e ' , Runner said he did it from severe distress ; describ ti;e t`outelf as an u n f ortunate man, and threw himself upon „ s elercy of the, Court and Jury. l 1. s Ole RlColuk informed th e pr i soner , th a t no thi ng b u t ..._, n . i el 4uvan ee 4 er prevented his being transported, as he • I :'Re then sentenced him to two years' hard labour la t h e 'House of Correction. SHEEP STEALING. d a lie "r e Y Nichol, was indicted f or s t ea li n g o n th e 10th 4 °` M ay, six sh eep, value 9/., the property of Wm. Ro gers, the younger, of Bethnal-green. The prosecutor stated, that the cheep were seen by him the t hin before the day he missed them ; he had 156 in the field, ° ~1 1 4 th e s h eep stolen were of 3 different so r t s; h e saw th e w h o l e L ,4teep Westal's Li very -stable, Curtain -road, en the 25th ; le officerat took him th ere; k new them directly he saw them; there was no place. where the sheep could have got out ; l b searching carefully round the field, he found the marks of 4 cart having been backed up to the pailings, a piece of Which was there broken off, which wet not gs, so the night before- By Mr. CLARICtoN.—The sheep were in three fields; Were open to each other by gates ; two of the fields joined the high -road ; net even a hare'eould have escaped through the hedges of those fields. The sheep were alive when Witness found them at the stables; is positive that there Were no sheep of the sort stolen within that parish or the two adjoining ones, and witness believed not within twenty miles. k "'ahem Burt, of No. 35, Turk-street, Bethnal-green, thewths p r i soner, who came to him on the 10th May, and wanted him to kill six sheep for Trim; prisoner said, rkr. Green, a p erson w h om witness knew, bad sent i ti soner to him t o get t h em killed ; the prisoner said, that 4 had bought the sheep of his brother ; witness went and l ii ear the sheep, and asked bim what he bad given for them ti l l Il lewered, 1/. Ss. per head ; witness said he would kill aid t ek though they were not fat enough ; prisoner s e Wished them to be killed, as he did not want the .111•1(,).uhle of taking them out of the neighbourhood again ; ia L g te ess met Mr. A rmstrong, the o ffi cer, on the Fri d ay ; -;" the priso ner i n a yard at Air-street-bill - on Friday 4. ht ht; th ey were waiting for him to kill the sheep ; Arm- Wit eg cano e in a n d as k e d w i tness w h ose s h ee p th e y were, . fleas answered, they were his, and lie was going to kill th a i etn „,,, 11 e asked where witness got them. Prisoner then ~e / „,,7aat them, ay - g lie had bought them of a Mr. Eames, i . ;„ "°brb, l3uc - is m . w A rmstrong then took the prisoner Saw the e e . ° L... gte dir- ' Saw Mr. Rogers at the office. sam e et delivered to him that he (witness) was to kill. -.40 8a . examined . y b Mr. CLARISON.—Did not keep ed a cooks 1, them h but killed sheep for any one who wanted on —'. Knew Armstrong before lie went to him on this b t hey. were in hi s " in eea himself. Said the sheep were his, because care. Green had told him ten days be iorl that he was going to send him such a job. be- John Armstrong, officer, deposed that the prisoner came him on the 11th of May; went to the Curtain-road, a s V saw Green, the prisoner, and the last witness, toge- Iv , the y. Witness asked whose they were ? Burt said they ere his, but the prisoner subsequently said that he had bought sheen, Prisoner above-mentioned. Knew Green before ; h e is a gas man. One of the sheep is- here. By Mr. Ci.catasou---made no mark on that sheep: drove th em hi mself to- the livery stables, and believed this Sheep was the same. Thomas Garton, an office r , rece i ve d some sheep on the 14 th May. 'Had the custody of them in Mr. Westal's stable ; gave them sheep. up to Mr. Ro gers ; t h ey were the same • , The prisoner, a renawatehalZ in his defence, that he simple looking man, man that he had had a littl e money, honest, and hardworking a a butcher's shop ; hut that not and and tended to open the London markets, he had started t the way o 0 gOOO Beckonsield, to buy seine sheep from among his fr e met with a man M whom he told. his inte,,tia`'" the road he said that he would save him that trouble, a m % i i to e could er se ll The man ll him some. They went to a public house after some time, prisoner went with the man a aleid an d which were six sheep in a fold. It was moonl The 'ban said that those six were the only ones he l as t' for sale, and the prisoner ultimately gave him twenty - eight shil liags per head for them, and assured the Jnry that he drove then' away without- any knowledge of their not h e _ ng the property of the man. He had driven them tot wn 41 pe n ° d aY. Had not made any alteration in the marks, 411.1" t number of them ; and, after having kept them 111 1. tell days, without trying to put them away, h e -", assisted the in driving them to Westal's stable. 11, L. , . officer t Zq directed him (the officer), as nearly as he could, 1 1 1 ) 1 .-' Place where lie obtained them, by which m ean , I!...eed discovered the owner of them ; and Mr. Rogers 'art ha,, . tl e n , as oPportunity of seeing them before he described Laid t o l dsequently could swear to them safely. T h e man , him that he might say he bought them of his brother, which illee he did, as hi s b rot h er- i n- l aw ' s name was stat ed , and liv e d a t B eckonsfield, near Woburn. lie then et that he h a d a l ways attended church till lately, had his schoolmaster schoolmaster in the country, and again declaring Wh t ll°°e nee, 'ffe referred them t o hi s appearance, as to ether he looked like a thief. vice thou however, notwithstanding thi s pl aus ibl e de -Flelthout hesitation found him " Guilty." LAW TNTELLIC4ENCT.-(rITT4 DAY.) COURT OF COMMON PLEAS. ACTION AGAINST THE SUN. (Before the LORD CHIEF JUSTICE.) POUCHES V. THE PROPRIETOR AND PUBLISHER OF THE eUN NEWSPAPER. Mr. PATTISON opened the pleadings. It was an ac tion brought by the plaintiff Louis John Pouchee against the defendants, for a libel, charging him with certain mat ters said to have passed before the Court of Requests. The defendants had pleaded Not Guilty. Mr. BRoucin - Ard stated the case. Ile believed he had the satisfaction of addressing gentlemen who had before now assisted in the administration of justice, by sitting as jurors, and, if so, he need hardly say that as there was no cause which depended more on the peculiar complexion of the facts, or on the impression which was to be the result of those facts than a case of libel, so there was none in which it was more important that the Jury should pay an anxious and a steady attention to all the details than in that now before them. He was about to state to them a case, which, when they heard the proof, and without proof he could not call on them for a verdict, they would he was assured pronounce to be second to none as to the malignancy of the attack on the character of the individual, as it was second to none in importance upon the more general principle. The defendants were the proprietors of the Son news paper—a newspaper of great respectability and long stand ing. It was established so far back as the commence ment of Mr. Pitt's Administration, and enjoyed his patronage ; it was then the organ of the Government—for that, the Learned Gentleman believed, was the phrase sometimes given to such publications. This newspaper had since passed into other hands ; and though its ori ginal patrons were now no more, it enjoyed the re putation of a most respectable and ably-conducted print. But the consequence of that respectability— the necessary result of that reputation which he allowed that it possessed, was to give greater force to facts which it might ever unwarily admit into its columns; the plaintiff, therefore, had still greater reason to complain, still larger reparation to ask, because this print was one of those which rarely, if ever, on former occasions, was pol luted by personal slander. However, in admitting its general purity and respectability, he must feel, and so he trusted would the Jury, that this very circum stance, creditable as it unquestionably was : to the Newspaper, must make any deviation from its gene ral rule much more prejudicial to the character of the individual whom it attacked. The defendant, who was by trade a type-founder, and held a respecta ble situation in Somerset-House, was the Proprietor, or the supposed Proprietor, of a Weekly Newspaper called the " English Gentleman ;" and whether he was ever the Proprietor or not, was at present immaterial. The Learned Gentleman's own opinion (as we understood him) however was, that the defendant was the Proprietor, and that by some arrangement the expence was to fall on another. The circumstances of the case were these. A Reporter thought proper to summon before the Court of Requests the defendant for a claim for work and labour done for the English Gentleman. Mr. Pouchee answered the subject matter of the com plaint, and the claim was dismissed. The Court of Requests was one the proceedings of which were seldom, if ever, reported. Whether it was on account of its small jurisdiction, which did not exceed 40 shillings, or from the no very great celebrity of the persons who practised in it, or from whatever other cause it might arise, no one ever thought of reporting its proceedings any more than those which occurred in a Magistrate's private office, or what took place before a Judge, in his chambers at Sergeant's Inn, or at his private chambers. Many reports, it was well known, were given of what took place at police offices. This gave rise to discussion as to whether that which occurred before Magistrates ought to be made most public by being inserted in the three hundred news papers published in this kingdom ? It was said with great earnestness, that it was improper to give publi city to such proceedings, inasmuch as what took place at a Police-office was ex-parte, that it was not final, and that it was rather leading to justice than an administration of justice. Upon this subject it difference of opinion pre vailed among the most worthy and eminent men, well skilled in legislation, and who had devoted very serious atten tion to the probable results of such publicity. Some thought it would be highly detrimental-to , publish it, others thought it would be beneficial, and I (said the Learned Gentleman) am among the latter, although, in forming that opinion, I differ from those whom I habitually respect. But that is not the question now before us ; for all agree upon this point, that if reports go forth to the public, they ought to be reports of what passed, and not of what did not pass. That newspapers should not insert that which never took place, and send it forth to the public as if it had taken place. That they should not publish that which was all a mis-report—for this was much more destructive, and mush more likely to contaminate the pure source of public justice than any thing which could be conceived. All agreed in reprobating the perversion of the Press to the purposes of private malignity; by which a person, from feelings of animosity, sends forth a slanderous misrepresen tation to gratify the appetite of the public. All agree that it is criminal to attribute to counsel what counsel never uttered, and to make witnesses swear what had never been given in evidence ; and above all to put into the mouth of the presiding Judge a sentence, not one word of which escaped his lips, for here the Judge is made to pronounce a severe and sarcastic attack on the defendant's character. This was a piece of conduct not to be defended—it was the grossest abuse of the liberty of the Press—it was the basest scheme which private malignity, or most perverse ingenuity could devise. It enabled one man, not in a manly fashion, but borrowing the name of another, to slander and revile an innocent person. Such a practice, must, lam sure, be abhorred as the greatest crime, and that as such it ought to he dealt with, whenever and wheresoever it occurs, none, I trust, doubt. If the slander were anonymous, it would then be - only backed by the little authority which an anonymous charge deserved. If I send forth a charge under my own name, it possesses all the weight which my own name can give to it • but suppose I make any of my Learned Friends near me say, that such a person dealt dishonestly with hi s tra de smen' that he did not pay his debts of hono ur ; I ma k e t hi s charge not on my own siuthority, but on the authority of those respectable persons whose names I use. Then I barb the slander with the weight derived from their charac ters—l coin from my neighbours' brain what my own malignity suggests, I lay the scene in a court of justice, I attribute abuse to others as if uttered' by them and sanc tioned by the judge, and then this goes forth armed with all the authority which a judicial proceeding commands, and I trust that in this country it will always command attention. I will now read to you the libel, the truth of which the defendants do not dare to plead. If the report only said what really occurred, that Mr. Pouchee had been summoned, and that the Reporter did not sub stantiate his claim, there would not be a shadow of com plaint, and the defendant would not have uttered one word of remonstrance. But, instead of that, we have a baseless fancy, and slander, one of the most malignant that could be devised, or could proceed from the malice of those who insert articles in newspapers for profit, because we all know that Newspapers are established for gain, to be derived from their sale and advertisements. The Learned Gentleman then read the Report " COURT OF REQUESTS, LEICESTER-SQUARE. THE ENGLISH GENTLEMAN. Edward Dixon Pouchee, of Brydges-street, and Louis Pouches, of Stage Coach-office, Somerset-horse, were summoned before the Commissioners by a Reporter, for the amount of reports furnished to a weekly publication called the English Gentleman, of which the defendants were proprietor?. The Reporter's claim amounted to about 4/. The defendants did not deny that he was entitled to that sum, but they denied their own liability, as neither of them was the registered proprietor. Edward Dixon Pouchee was first called, who simply de nied his liability. The Reporter said that he was convinced that the defen dants were the bona fide proprietors, and that they lurked behind the shade, and put men of straw forward as the ostensible proprietors, in order to evade the debts and other responsibilities incident to a newspaper : it was a species of swindling that ought to be exposed, and which no honest man would resort to. The. COMMISSIONER apprehended, that unless the Re porter should adduce some evidence of Edward being a proprietor, he could not fix his liability. The Reporter said that he was net prepared with such evidence at present, but he would have him up again on a future day. Louis Pouchee being called appeared by Attorney, who said that the Reporter might safely leave the matter entirely to that gentleman's honour and sense of justice. Th e v. -°mmissioNEß—Well, on such conditions, we will dismiss the case for the present. Other gentlemen may pride thems e l ves i n not pay i ng t h e i r t a il ors ; b u t the English Gentleman _ alone can boast of not paying its Reporters. _ Y ou see, gen tl emen , th a t l ie a tt r ib u t es a w itti c i s m to the - ; ornrnissi oner I thus embalming in the - point of an epi gram this atrocious slander. We all know that there is no better mode whi c h t h e mos t i n genious libell e r can d ev ise, of doing grievous injury, and of giving force and intensitylO lei-Action, than by steeping the lie and venom In the spirit of a jest. The falsehood of itself would soon evaporate, but only steep it in the venom of a joke, and then' you will make a deep impression, and give to the lie a pun gency which will be long remembered... It is not by a dull statement that you can effectually do harm : No, no, the lie will not be a good- keeping lie unless pic kled in a joke.— (A laugh. )--- Here the Commis sioner is made to he witty, though perhaps he never uttered a joke in his life;—(a laugh.)---but the libeller either invents himself, or borrows from another, a joke, and uses it by a chemical process, for the solution of the plaintiff's character. I have, continued the Learned Gentleman, opposed to me an antagonist who never makes a greater show than when he has a little case. He can declaim and quote—indeed I see that he has a little paper before him,--(a laugh)—he can quote, Gentlemen, and misquote, and may misrepresent me in the same manner as his client has misrepresented the plaintiff. I trust, however, he will not lend me a jest, whatever else he may laugh.)—When, Gentlemen, my Learned Friend has addressed you; when you have heard and weighed in. your scale all that he has said to you, you will retire, ad mitting, no doubt, his talents; but all his jokes and all his eloquence will pass innocuous over your heads, and you will return a verdict for the plaintiff. My Learned Friend will keep up appearances before you, and will slip in a little about the truth of the libel, and the difficulty in every case of establishing justification. But I can tell you a little of what took place behind the curtain ; I can tell you what took place when this plea was drawn up, or rather—for my friend could not be engaged in drawing it up—what took place at the consultation at his chambers in the King's Bench Walk. Oh, said Mr. Brougham, I know as well what passed as if I were sittin g bythe side of my Learned Friend. When my Learned Friend looked over the pleadings he said at once, why not justify? All this passed in a Court of Justice. The attorney hummed and hawed, and said, he had been advised by the Special Pleader not to do so. But, said my Learned Friend, the Sergeant, never mind the . Special Pleader : apply instantly to the judge for leave to amend your plea and add a justification, otherwise we shall be cut out from proving the truth of the report. The attorney loooked queer ; he paused for a minute or two and said that it was rather awkward, but so . it was, that the thing did not pass as stated in the report. What, said my friend, did nothing of the sort occur? No, replied the attorney. What, was there not a joke? No, not one word. Is every thing then false ? All. How much are the damages laid at in the declaration, asked my friend? Go instantly, offer any terms, propose an apology, insert as much as ever they please ; fill every column of the paper with praises of the plaintiff; do any thing rather than come to a trial,— (Great laughter.)--But notwithstanding all this, said the Learned Gentleman, I Well know the topics which my Learned Friend will urge in his address to you. He will tell you that this is a mere squabble between the editors of rival papers ; that the plaintiff is only the editor of a weekly paper, and that he himself attacks other people, and he will ask you what impression an attack of this sort can make on the character of an editor. Now, Gentlemen, I take leave to put you on your guard, and to tell you, that if any man contrives to make the Press instead of being the blessing, become the curse of the public, his most sure way of proceeding, is by urging that principle, and holding up editors as men of no . reputation, be declar ing that they are of a degraded caste—that they are to ask in vain for reparation for injuries done to their character— that in vain they go to a Jury of their country for redress— that they alone are to find the avenues of justice barred, and the hands of the Jury withheld, that with respect to them justice is as powerless as blind. Let this principle be once established ; let it be for once declared that no man of good character will fill 'the situation of Editor, and you will do that which its worst enemy could scarcely wish—you will do more to de grave that Press ; possessing as it does great force, that mighty object powerful for good or for mischief than the most devoted enemy could require. You will fling it into the hands of men, who baying no character to lose, will batten on the character of othe.s ; and then this . great source of public knowledge, this grand instructor of the people becomes, not a blessing but a curse, and falls into polluted hands, guided by reckless hearts. Never is the Press, in such jeopardy as as when attacked, and its respectability denied by its own members. I have often heard it lamented, that owing to the pampered prejudices of some the direction of the public Press is this country has not fallen into such hands as on the Continent . ; that there are men of the highest respectability, of the most liberal education, and enlightened - character, connected with the Press of this country, I have no doubt, but there is not among them that constellation of talent, which you see in other coun tries. In Paris, for instance there is Etienne, Jouy, and Benjamin Constant, the _last of _whom, _one of the ablest men in the day, is the avowed Editor of a public print. If you, Gentlemen, by our verdict, sanction the principle that Editors are men of no character, and they are with impunity to be slandered, adieu to the respectability of the Press. The question now be fore you is not, whether we are. to have three -hun dred newspapers—for these we already have--:-nor whether the public will be instructed by that Press; the only question is,whether the people are to be well taught ornot, whether this great public instructor is to be in the hands of honest men, of men of delicate and refined taste, or of being of the . lowest description, ready to prostitute what talent they have for gain. You will do your utmost to prevent it from getting into such base hands, and will, I trust, save it from the headlong ruin which must follow the adoption of the opposite principle. Mr. Mallison, from the Stamp-office, produced a copy of the SUN, of the 7th of April, containing the libel in question. The witness said that the plaintiff held a situa tion in the Stage Coach-office, at Somerset-house. Joseph Coleman produced from the Stamp-Office a copy of the affidavit, which stated that the defendants on the record were the Proprietor and Publisher of the " Sox." [The libel was then put in and read by the officer of the Court. ] Mr. Beoranaat.—That is my case. Mr. Sergeant WILDE then addressed the Jury for the defendant.—Gentlemen of the Jury, my Learned Friend has said that he had some experience in my mode of con ducting business. On this point my experience is on a par with that of my Learned Friend, and I mention it because it is the only point on which I have the slightest pretension to appear at any other but the humblest distance from my Learned Friend. With my knowledge of my Learned Friend's mod e of conducting a case; aware, as I am, of his habit of indulging even to fondness, in the greatest irregularity; and confessing my surprise, that before a Court and a Jury, he could Lave indulged in so much matter, and referred to so many topics in his statement, which be knew he could not adduce evidence to prove ; notwithstanding my long ex perience of my Learned Friend's habits, I confess I felt sur prise at his conduct this day. With respect to the rest, that my Learned Friend would make a powerful dis play of talent, that lie would bring those varied talents to bear, by which you have been entertained this day, no one who had ever heard his name could doubt; but that those great powers and varied talents are not always applied to the elucidation of truth, when my Learned Friend, in his character of Advocate, does the best he can for his client, admits of as little doubt. My Learned Friend has given an imaginary account of my mode of con ducting a case, and the account he has given of me may with more truth be applied to himself. He desired me to attribute any thing to him but a joke, and yet my Learned Friend is well known as a master joker—(A laugh)—but his address, this day, has proved how little jokes hare to do with the facts of the case. My Learned Friend too, has alluded to the use of sarcasm, but who "knows better the power of sarcasm, and who uses it oftener and more successfully than my Learned Friend ? But surely my Learned Friend knows that a feeling heart, and principles devoid of guile, are not incompatible with a love of sarcasm. My Learned Friend is a living in stance of how much good feeling a n d hi g h h onour m a y exist in conjunction with a superabundance of sarcasm._ As for Inc I am a plain unvarnished man, and as such I sliall proceed to lay the facts of the case before you, with out any of those meretricious ornaments which my Learned Friend has applied to its own case, but which would be totally unfit for me to use. When I have brought you back from the topic with which my Learned Friend has entertained you, you will find this to be a case of not much difficulty, nor much importance. With respect to the character which my Learned Friend has given of the " Susi" newspaper, that it is widely circulated, and hitherto has been unknown as a paper remarkable for containing libels on private character, I perfectly agree with him. By this observation, my Learned Friend has admitted that the Sex is conducted with talent, that its information is quickly obtained and accurately reported,. and of those facts there can be no doubt.; but surely, Gentlemen of the Jury these are not circumstances of aggravation.— These are circumstances which, when the Proprietors of this paper are brought before the public, should induce you to give their case your candid consideration. My Learned Friend's statement shall be the foundation of my observa tions ; and in that statement lie has admitted that the libel was inserted unwarily. My Learned Friend has observed, that my efforts are great in proportion to their weakness, and I call on you to apply that maxim to the present case. r My Learned Friend has been forced by the weakness of his ca se to declaim about the propriety .of protecting the characters of editors of newspapers, as if any one ever dreamt of refusing them protection when they came into a Court of Justice. He spent half an hour on general topics in alluding to the advantages derived from reporting the proceedings of a Court of Justice, and the necessity which existed that those reports should be accurately drawn up—before he Caine to the libel, which, in my opinion, contains less of slander than any Paper I ever saw brought into a COurt of Justice as a libel, in my life. My friend wishes the proceedings of Courts of Justice to be made public, and so do we all, under proper re strictions. Those Courts in which questions have arisen, relative to the right of reporting, are only courts of inquiry—courts to promote inquiry, and to put justice into motion ; but the Court of Conscience, from whence the present Report came, is a Court to hear and determine. My Learned Friend has admitted that the plaintiff in this action is the Proprietor of a News paper ; but that, by some private arrangement, he is not to pay the expencea,—in short he is to receive the profits, without incurring any of the responsi bilities. He says that the whole report is false— that there is not a word of truth in it, and yet he admits more than could be inferred from the report. He admits that the plaintiff is a proprietor, but that he is not to pay the expences. I will read the libel to you, gentle. men, and you will perceive by it, that the reporter comes as a plaintiff in the Court of Requests, which as I have before said is a Court to hear and determine, and a Court where any matter supposed to have any thing-of public interest is sure to be reported. If there is any thing of interest to the public—any name that will bear it out—if my Learned Friend, for instance, had quarrelled with a hackney coachman, he would be sure to see a report of it in all the papers to-morrow. If the nature of the case, or the name of the parties, give the case any public interest, it is certain to get into -the newspapers. Then what is the present case ?—a reporter summoned a Newspaper Editor, and the case is given as that of the com plainant. If a newspaper gave a case—for instance the present case only on. the part of the plaintiff—if it gave, for instance, my Learned Friend's statement, would any one take the whole for truth? If my Learned Friend thought so I am sure he would not have stated many things which he has done. Well, the reporter is nonsuited as you shall hear—(the Learned Sergeant here referred to the Report)—the plaintiff was nonsuited, and he was angry very naturally—nothing more common for us than to see plaintiffs angry. He cannot prove his case—and if he had proved the arrangement which my Learned Friend admitted, it would have been quite sufficient; but he cannot prove it, and the Commissioner disinisses the charge. ,Now, these facts are all stated in the report, and then it concludes with - a joke :—" the Eng lish Gentleman, was the only Gentleman that did not pay its Reporters." Here the name of the English Gentleman, you will perceive, is not applied in derision to the plaintiff ; but it is the name of the Paper, and can have no allusion whatever to the plaintiff if lie be not the proprietor of the Paper. The reporter was made to say, that the plaintiff, lie knew, was the bona .fido proprietor. do not know, Gentlemen, whether the words bona fide can be properly applied to a Gentleman who makes a private arrangement, by which lie receives the profit*, but shrinks from the responsibilities. The facts stand thus : The reporter summons the plaintiff and is dismissed, be caused the plaintiff allegea that he is not one of the pro prietors. But what does my Learned Friend now say?-- why, that the plaintiff is a proprietor, but that he is not liable to the debts. The reporter, in his anger, says that it is a " species of swindling which ought to be exposed." What is a Species of swindling ?—The particular act of which the reporter complained—and is not applicable to the character of the plaintiff in any other transaction—nor ap plicable to him at all, if he is not the proprietor of the Eng lish Gentleman. You are now in possession of the libel of which. Mr. Pouchee complains—on which my Learned Friend has been brought into this Court, and for which Mr. Pouchee has thought it necessary to bring four actions of libel to clear his character. Ido not know how to account for this multiplied litigation, -unless I were to refer to my Learned Friend's observation; and ascribe it •to a quarrel between one rival proprietor of a newspaper and another—though I am sure the proprietor of the Sort would not condescend to act under the influence of such motives ; however, four actions have been brought, from which no person-will benefit but the attorney, whose bill of costs must amount to an enormous sum. The , worst part of the 'statement is true, because my Learned Friend admits the plaintiff takes the profit of the English Gentleman, but is not liable to the payment of debts—be cause he is a secret- 'proprietor, taking the profit hut escaping the responsibility. My . Learned Friend is also a great friend to the Liberty of the Press, and has called upon you to protect it ; but is this a way to protect the Liberty of the Press, when people of property skulk behind others of no property,- and' take the profit them selves? I put it to yous . ---is this a way to promote the re spectability of the Press ? No homiest man has a right to shrink from his•reapcnsibility. , -Let persons avow them selves as proprietors who are so ; but if, like the plaintiff, they continued as priVate'prOprietors, whilst others are put forward to Meet . the• eesprinSibility; each persons are the greatest ehethiei teiethiTibert , ±4f the Press: l My Learned Friend has charged 'rue 'with mis-quoting, but I defy any man at the bar to convict me of mis-quotation, and I must say, my Learned Friend has put a most un candid construction on a joke of the simplest kind—l say, of the simplest kind, and I give him the benefit of the word simple, to use it as he thinks proper. The term— " English Gentleman," does not apply to Mr. Pouchee. The sentence is—" The English Gentleman' alone can boast of not paying its 'Reporters ;" and, reading the pas sage, ran any one doubt the fact that it is a mere play on the word Gentleman, as applied to the Newspaper, and, as Bush, that it is neither more nor less than a bad joke reflecting on nobody. • Then, here is the report of a case in the Court of Requests, inserted in a paper of great circulation— of a good character—that character depending on its giving those reports expeditiously, for it is well-known that the Sine makes great • exertions to give the reports ex peditiously. In this paper the report which you have heard was inserted, and if this be matter of complaint, it is one of the lowest cases of complaint that I ever heard. How often, both here and in Guildhall, do we try cases in which there are secret partners ; but those are different from the present—where, for public purposes, the proprie tors are obliged to register their names. Then what injury has been done to the character of the plaintiff—what motive could have prompted the insertion of the libel ? Look at the manner in which a newspaper is conducted—the haste with which every thing is got up.--(I admit that this is no excuse for a deliberate intention to slander. )—But where there was no intention to slander, no injury has been done ; and not one of you would have dreamed that such a speech could have been extracted from such a case as that with which my Learned Friend has amused you. The plaintiff has given no proof of damage ; and the question is, whether you will sanction a litigious persecuting spirit in a case marked by the entire absence of personal malice. My Learned Friend has said, that the Scat Newspaper has hitherto been remarkable for maintaining a character for acting without any infusio'n of private, personal, or malicious feeling. In the present case, my clients disdain any such feeling—they are responsible, no doubt, for what they have unwarily admitted into their Journal ; but my Learned Friend has himself admitted the truth of that part of the report which militates most against the character of the plaintiff. The ,article was ad mitted and inserted in the ordinary and usual way. Under such circumstances I am confident you will be of opinion that the smallest damages are sufficient. I am not in structed by my clients to utter any thing disrespectful to Mr. Pouches; but they hope that you will consider the c ircumstances, and after that consideration, that you will be of opinion, that as there was an entire absence of ma lice, the smallest damages will meet the justice of the case. The case having closed, The LORD COM` JUSTICE proceeded to charge the Jury. It has been admitted, Gentlemen, by the Counsel for the defendants, that the plaintiff must receive a verdict at your hands. As to the amount of damages, that is a question entirely for your consideration. Some subjects, however, have been adverted to in mitigation, to which I think it my duty to refer. I do not think that the libel having been inserted in a hurry, or having been received in the ordinary course of business, is any excuse. It is the duty of those who have the management of news papers not to insert any thing in a hoary, and not to publish it until they ascertain its truth. If this were an excuse, a im , n may knock another down in the street, and then plead that he was in a hurry. It has been stated, and truly stated, as far as I have been able to judge, that the SUN is a paper generally conducted with great care and respecta bility, and that it is not one of those papers which are in the habit of devoting their columns to the slander of private individuals. In the case of a criminal charge, undoubtedly general character does and ought to weigh on the minds of a Jure ; but the question in the present case, is what compensation you ought to give to the plaintiff for the injury done to his character ?' It may be said that, because the plaintiff is a man of g ood character, little or no injury has been sustained by him, but if this doctrine was • admitted, every man of good character would be subjected to the attacks of those who thought proper to libel him. As to the propriety of publishing the proceedings of a Court of Justice, I am of opinion that the law allows a man to publish the proceedings of a Court which is not sitting to examine, and to see whether any charge is against parties, but to hear and determine those charges. It may be im proper to publish the proceedings of Courts which sit only to investigate the conduct of individuals; but I agree with Mr. Justice Lawrence that the law admits that Courts of Justice, anti I hope it will ever continue to admit the proceedings of Courts of Justice to be published, and that great good has arisen to the public from their publica tion. The Proprietors, however, are bound to give ac curate reports, especially when those reports reflect on the characters of individuals. If the proceed ings of a Court of Justice—l mean of those Courts whose judgments are final, be not properly and ac curately given, the slander is much aggravated.— The difficulty we are placed in here is, that we do not know whether such proceedings ever passed in the Court of Requests. One can scarcely think, after all that has passed, that the report was a pure invention ; but there is no plea on the record, and no evidence has been adduced, which could inform us whether what is stated had passed or not. We do not know, be cause the defendant does not defend himself on the grounds that it is true. The Plaintiff is summoned to the Court of Requests for 4/. by a Reporter—he denies his responsibility—the Reporter states, or is made to state, that he is convinced that the Plain tiff is the bona fide proprietor, and that the transaction ought to be exposed. It was a question whether this was the means which the reporter contemplated of exposing the transaction, but if Mr. Pouchee was not the proprietor of the English Gentleman the allusion could not apply to him. You will perceive, Gentlemen, that the libel contains a direct charge of gross fraud; and will give such tem perate damages as will compensate the plaintiff fur the injury done to his character. I again beg to to remind you, that we know nothing of the proceedings in the Court of Requests. If any thing had passed there it would have been easily proved, but no proof has been ad duoed on the subject. A verdict, it is conceded, must be for the plaintiff, and you will consider the amount— Verdict for the plaintiff—Damages, 251. POUCIIEE V. GnANT. The CnrEr Juszten said, he believed this was a ease between the same parties, and for the same libel. Mr. BROUGITA3I said it was, but that they would not trouble the Jury. His Learned Friend and himself bad ar ranged that a verdict should be taken for the same amount as in the hot case. The verdict was accordingly taken by consent for 251. POUCHES V. STEWART AND OTHERS. This was an action for the insertion of the same article n the New Times Newspaper. Mr. BROUGHAM said, that in this case an arrangement had also been entered into that a verdict of 201. should be taken for the plaintiff. EDWARD VOUCHEE V. STEWART AND OTHERS. This case was disposed of in the same manner as the last. HOWARD V - . TOUCHES AND ANOTHER. Mr. Sergeant BOSANQUET stated that this was an action brought by the plaintiff against the defendants, Messrs. Pouchee and Jennings, to recover a compensation for the work and labour of the plaintiff, during the time lie was in their service, and while they carried on the business of type founders. The partnership commenced about May, in the year 1820, and terminated in the . year 1823. Pouchee held a public situation at Somerset-house, during the existenee of the partnership, and was but very little at the foundry. Jennings knew hardly any thing of the business when lie entered into the partnership, and the plaintiff who was a man of great skill, ingenuity, and in dustry, had the management of, the concern. After con ducting the business here for a considerable time, he was sent to Paris by the defendants, to acquaint himself with the nature of a French machine, for the purpose of bringing a knowledge of it to the defendants, to enable them to get a patent for a similar one in this country. The plaintiff claimed to be paid at the rate of 4/. per week, and the question was what he was entitled to. Letters which had been written by the defendants would shew that they considered the plaintiff a most confidential person, and his services extremely valuable to the concern. Mr. Howard, an attorney, and a relation both of the plaintiff and Pouchee, had repeatedly heard the latter and Jennings speak in the warmest terms of the plaintiff, as a mechanic. Other witnesses'swore that the plaintiff was an ingenious man ; that he had the sole management of the concern, that he had greatly improved the business by his exertions, though the French machine, which had been made under his superintendence, had never turned out any perfect work ; that 4/. a-week would be a reasonable payment for his ser vices ; and that from three to six guineas a week was what persons in the plaintiff's situation were usually paid in London. Mr. William Howard, the co-exectstor of the plaintiff's father, proved that he had paid the plaintiff a cheque for 6.19/. the atnotint of a legacy due to him. He did hear the defendant Pouchee say, that he either had allowed, or did intend, to pay the plaintiff 2001. a-year. Mr. Sergeant WILDF'S defence on behalf of the defend ants was, that the plaintiff had gone into the business to learn it ; that he had been paid in full according to his abilities, and consistently with the understanding came to between him and Pouchee at the period at which he began. He had been paid at the rate of 21. 'a week from 1818 to 1823, and from 1823 to 182 . 5 at the rate of four pounds a week, the business having been continued by Mr. Pouehee after the termi nation of the partnership. This was what the compensation was to be, but from some suggestion, the defendant had thought fit to make his present demand, which was for an additional 21. a week, during the time he had been paid only 21. The Learned Counsel put in a rough state ment of accounts on half a sheet of paper, partly in the handwriting of the plaintiff, which he considered was an adjustment of the account between the parties. The plaintiff's Counsel considered the paper put in by the other side greatly in support of the plain tiffs' claim, for the sums cast up were _ those arising from 1823 to 1825, at 41. a week, and from August ISIS, to June 1823, the statement on the paper was " received only 21. a week after Harvey left," and which Mr. Sergeant B. contended, 'hewed at the moment at which the paper was delivered, that the plaintiff meant to insist on a further payment. The LEARNED AMOR summed up, and the Jury found a verdict for the plaintiff—Damages, 310/., which was the amount of his claim at 4/. a-week, from August, 1818. The late Mr. Windham was at a country Sessions, at which applications were made by six persons for licenses to preach. Out of the six, four differed in their mode of spelling " Mi nister of the Gospel," and not one of them was correct. Of the other two, one could read, but not write, but the other " preacher of the word" could neither read nor write. On admitting this fact, one of the Magistrates asked, in amaze *ment, how he could " preach the word," with out the facility of some little reading ? " Very well," was the reply, " Mother can read, and I can 'spound.—Dublin Morning Register. We are extremely glad to state, that James Thompson, the man charged, by the verdict of a coroner's jury, with the wilful murder of Cathe rine Fisher, at Compstall-bridge, on the 13th of January last, was apprehended at Liverpool on Friday. It appears that he was, in the first in stance, taken into custody, not for the murder, but for horse-stealing, having hired a horse at Ormskirk, and afterwards sold it at Liverpool. For this offence he was examined before the ma gistrates on Saturday, and committed to Lancas ter for trial. Some suspicions, however, having been excited that he was the man for Whose ap prehension, on the charge of murder, a reward had been offered, a communication was made to his late employers, 'Messrs. Andrew, Bruck Shaw, and Co., of Compstall-bridge, and a per son in their employ,. together with Barrett, the deputy-constable of Stockport, went down to Liverpool, for the purpose of ascertaining his identity, which they did most satisfactorily. When they went into the lock-up for the purpose of looking at him, the turnkey, to his great sur prise, saw that his prisoner was bleeding pro fusely. On stripping him, one wound was dis covered on his throat, and two on his belly, none of which, however, were of a dangerous nature. These wounds appeared to have been inflicted by a sharp-pointed piece of glass, about an inch and a half long, which was found in his pocket, and which he had, no doubt, picked up somewhere about the prison, and reserved for the purpose of self-destruction. We suppose that, instead of being sent to Lancaster to be tried for the horse-stealing, he will now be sent to Chester under the Coroner's warrant, to take his trial for that more heinous and unpardonable crime with which he stands charged.—Manchester Atcrcury. SHIPPING INTELLIGENCE-(THT &DAY.) FROM LLOYD'S. DEAL, JUNE 6.—Wind W.—Arrived the George Can ning, —, from the West Indies ; Regalia, Burt, from New South Wales ; and Rawlins, Rigwarden, from Ja maica. The Lady Nugent sailed with the outward-bound. PORTSMOUIU, JUNE 6.—Wind N.N.W.—Arrived, the Lady Flora, Fayrer, from Calcutta—sailed from Calcutta Feb. 11, and from St. Helena April 28. Arrived from London the Egyptian, —, for Gibraltar; Westbrook, Hall, for Jamaica; and Cortes, —, for New York. FALMOUTH, JUNE s.—Wind S.W. to N.W.—Sailed the Two Brothers, Bull, for Hayti. GIBRALTAR, Jurzn 6.—Arrived the Winchelsea, Ewen, from China ; Alliance, Whiting, from Nevis ; Swift, Artis, from Lisbon ; and Precedent, Guardo, from St. An dero. Sailed the Nymph, Martin, for Constantinople; Preston, Wallis, for Geneva; and Medway, Stephenson, for Quebee. The Lincoln, Hood, from New Orleans to Bordeaux, was lost on on Point de Grave on the 28th ult. The Brilliant, Dove, from Sunderland to Portsmouth, was totally lost on Tuesday night, on the Long Sand— exew saved. THE MARKETS.-(THIS DAY.) HAY MARKETS.—(A ST. J A X. a. I. s Lowland Mead. Hay 9 15 to 4 15 Upland Ditto 4 l 5 6 0 Itye-grass Hay 4 25 6 0 Supply limited, trade dull, t per Load of 56 Trusses.) MES's. A. s. X. s. Clover Hay 4 15 to 7 0 Oat Straw ll6 118 Wheat Ditto llB 2 2 and peiees as last quoted. e. S. Cloy. Hay generally 4 15 to 6 16 Do. extra flue 0 0 7 7 Oat Straw ll4 116 Whoat Ditto 1 16 S 0 trade, at Tuesday's prices. SMTTHFIELD, s. X. s. Lowland Mead. Hay 3 lbto 4 15 Upland Ditto 415 510 Itye-grass Hay 415 510 New Meadow Hay 0 0 0 0 A short supply, and a civil MIDDLESEX HOSPITAL-JUNE .5. MONTHLY RETURN OF PATIENTS, From May 1 to 31. In-Patients admitted by letters Ditto, Accidents 5l --170 Out-Patients admitted by letters l9O "Jitto, Accidents 194 -384 Total 654 In-Patients discharged Remaining in the Hospital l6O PARLIAMENTARY PROCEEDINGS. HOUSE OF COMMONS. ItOTICIti OF MOTIONS FOR THIS DAY. 1. Lord John Russell—Repeal of the Corporation and Test Acts. 2. Mr. Littleton--To move Resolutions for carrying into effect the Report from the Select Committee for les sening the expences of Turnpike Trusts Bills. 3. Sir John Wrottesley—Production of a Letter relative to advances from the Bank of England to Country Bankers. 4. Sir Charles Wetherell—That the Corporation and Ma gistrates of Coventry be allowed to be heard by them selves, their counsel, or agents ; and also, to offer evidence at the Bar against the Bill for preserving the peace within the City and County of the City of Coventry. 5. Mr. Moore—To bring under the consideration of tie House the Petition of the Dublin Operatives for este blishment of a loan fund. 6. Mr. for amendment of the law in re spect of the service of process to compel appearance of persons resident out of the jurisdiction of Courts of Equity from whence such process shall issue in certain eases. 7. Mr. Moore—Bill for the protection of purchasers for valuable consideration in Ireland against judgment not recovered within a limited time. - S. Sir Francis Burdett—Address for appointment of a Commission to inquire into beet mode of supplying. the Western Division of the Metropolis with whole- some Water. 9. Mr: Henry Grattau--Returns from the Paving Board, Dublin ; the Board of Wide Streets, Dublin ; the Courts of King's Bench, Common Pleas, and Exche- quer, Ireland. 10. Lord 'John Russell—Bill for the bettor taking of Polls in Cities and Boroughs. 11. Mr. Peel—Alteration in the law respecting Briefs in . - Churches. I. Mr. Hume—Return of the Promotions in the Navy since January last. 13. Mr. William Lamb—Bill for consolidating and amend ing the Laws relative to Jurors and Juries in Ire land ; also, Bell foi lighting, cleansing, and watching Cities, Towns Corporate, and Market Towns in Ireland. 14. Mr. Wilmot Horton•..To continue the New South Wales Act for one year. 15. Mr. Charles Grant—Bill to alter and amend the Irish Butter Aets. FASHIONABLE AND MISCELLANEOUS. WINDSOR, MAY 6.—Yesterday, at twelve o'clock, the RING left the Royal Lodge far town, to meet the Queen of WTurtemberg, and after dining with her MAJESTY and her Royal Highness the Princess Augusta, at the Duke of Cumberland's apartments, in St. James's Palace, returned to the Royal Lodge at twelve at night. His MAJESTY was accompanied by the Lord Steward, and travelled to and from London without any military escort. The Queen of Wurtemberg and Princess Augusta are riot expected at Frc.gmore Lodge till after Ascot Races. It is thought his MAIESTY will Visit the Castle to-day, as it is some time since he in spected the improvements, which are rapidly ad vancing. PRUSSIAN LOAN OF 1822, NEGOCIATED BY MR. N. M. ROTHSCHILD, IN LONDON.— The half-yearly Dividend on the above Loan, which becomes due on Sunday, the Ist of July next, will be paid on Monday the 2d, and every succeeding (13 , , Saturdays and Sundays ex cepted, by Mr. N. M. Rothschild, between the hours of ten and two. The dividend warrants, with a list thereof in numerical order, must be left two days previcus for examination. The printed forms to be previously called for. AMERICAN LAW ON WIFE WHIPPING.— At the late Tel m of the Warren County, North Carolina, Superior Court, a cause was tried against one Forkner, for whipping his wif e . The Judge, as is reported by th e W arrenton paper, explained the law in the following man ner :—Although in civilized society it was con sidered disgraceful for persons in elevated situa tions to lift their hands against their wives, yet the law was for the great bulk of mankind, who were obliged to labour for their bread, and clearly is, that a husband has a right to inflict moderate punishment on his wife. He in formed th© Jury that the only question for them would be, whether the whipping was barbarous and cruel ? whereupon the man was acquitted.— New York Paper. A jolly old fellow at North Shields, who prefers whisky to water, last week swallowed a rather large portion of the exhiliratink cordial, which rendered his legs of little service. industrious rib, hearing that he had broken down on his way home, hastened to the spot, t had him carried to his ow n a b o d e , an d sent f or a son of lEcu arms, clapped e doubt supposing him t o b e i n a fi t ), an d was on the point of shavin g an d bli s t er i ng hi s head, when his employer happened t o en t er on sl ig aP h i t l e is eighteen who leeches ble d him in e both le s (no on temples business, and, rightly conjecturing his complaint, ordered it not to be done. Somnus at length took him in charge till a late hour next morning, when he awoke, perfectly well, with the excep tion of sores from the lancet, and the bites of leeches.— Tyne Mercury.