The Sun. — London, England, 1825-01-31 00:00:00

w„w ,,e \sulJ- \-, , ..r.,_ . . 1 ------7-Ja‘ll ','------; N;. . ..t . _ g. :: : ..' - , E . . _ t: - - - - - t , . , z /4/ itex/ , fa.t)74...ii , j. f 4l 4§l r NUIVIBER 10,105. MO Y EVEN - 1 - 7 , :G, JANUARY 31. 5 PRICE SEVENRENc 4.O.3IIRALTY-OFFICE, Dec. 30, 1324. NOTICE is-hereby givefi, that a Session of • Oyer and Terminer and Gaol Delivery, for the Trial O f .Offences commztted on the High Seas, within the Jurls.dic "°" °f the rldmiralty of England, will he held' at Justice /fall, in the Old hailer/, London, on Wedne - sday,'the 2d day of February next, at Eight o'Cloch i in'the LAW LIFE ASSURANCE SOCIETY rrHE , SECOND . ANNIVERSARY .111. NER of this SOCIETY will he held at the FRU MASoNS' TAVERN, on WEDNESDAY, the 2d day of Fe- - bruary, 1825, nuke. This was tile first insteee-e in vetch he found it neces sary to proceed against any public; journalist. He did not claim credit for this, neither did he think' it. would subject him to any Unputation whatever. Ile - would state without reserve, that he was fully impressed that there were abundant occasions to jus tify criminal prosecutions, and that it would be mean and un becoming to shrink from the discharge of his duty, but it was a duty to he exercised with delicacy a'ad circumspection. Poli tical libels on the public character; of pnblic men and public measures, were not. in his opinion; lit subjecis for the exercise of the law, -mikes they were calculated - to work mischief by un justifiable and injurious - - imputations. There were certain ..wholesome, limits of public discussion, and it was. - perhaps, safer to - allow a Journalist to transgress the letter of the law, than to permit the spirit of the Constitution to be violated. It was one of the proudest prerogatives of our free Constitution to permit strictures on the structure and character of the Govern ment, and on the political principles of its members—and he, for one, had advised the Noble Marquis at the head of the Go vernment rather to rely- ore . the fair and conscientious discha rge, of the duties of his office--to the state of public feeling—and, above all, to the progress of pulelic prosperity and national quiet, than to dread ant' censure of his .political character, no matter how severe. - Besides, he tbottsV that prosecutions f or r)litic..ll,lthdßolazaattev how imichk the libeller may have lead e d in the commodity—no matter bow much he may have mini stered to the depraved appetites of &portion of the public--that when such a person was prosecuted, the tide generally turned in his favour, and lie was considered as a p erson w h o h a d b een hardly treated. He would now draw the attention of the Court to the circumstances which went to fix the publication en Haydn. The article appeared in the Morning Star of the 9th of February lest. It would distinctly • appear in evidence, that Haydn was heretofore connected with two other establishments, the Patriot and the Evening ; with this latter establishment he bad now no concern, although it was still published. Fortunately, however, he had been actively and zealously concerned in it. It will be proved that, at the time of Haydn's relinquishment of the Mail, the proprietors of that paper, wishing to secure a monopoly of him by a kind of patent, restricted him from .set. - ring up a rival newspaper ; and it will also be proved, and it was in consequence of this, Johnston's name was inserted in the Star. Haydn became the sole and real proprietor of the , Star in the month of October last. We shall be able to prove, that before this he exercised the functions of a proprietor—that he had te prospectus of the paper inserted in the Freeman's Journal —that he paid the expences of 'that prospectus--that be consulted with friends, as• to the mode in which the paper should be conduced—that lie spoke of this particultir libel as- forming no mean portion of the capital that he was to set up in trade, and that he considered it as giving a kind of political existence to the Star. It will be also proved, that he sent a draft of this very libel before Counsel for his opinion, to consult whether he w as w ithi n t h e li m i ts o f the law. That thisi Counsel was eminently qualified to give advice in any question of difficulty or complexity, there is no one who will admit more readily than myself; but there is no one who knows hint that is not aware that be would be the last to lend himself for such a purpose as this. This Counsel was Mr. Crampton, who did not know that he (the Attorney-General) was aware of the fact. We will produce the person employed by Haydn to transact this business, and your Lordships will see that no idea of profes sional confidence can shelter the Attorney from a disclosure.— Professional confidence he should be the last man to violate, or to produce the violation of; but the circumstances in thi s case were extraordinary, and the Court would sanction no man in an endeavour to recognize the limit where safety would end, and pUnishment would come down. We will prove to you that from • February to October, Haydn interfered in the manage ment of the Star, sometimes supervising articles—sometimes the press, and sometimes the cuts, by the aid of which, he im proves the public taste, and gratifies the public appetite. In fact, Johnson ceased to act, and Haydn then became the avow ed proprietor. It will also appear, that the house in Parlia ment-street was taken in trust for Haydn, and that he paid various tradesmen and persons connected *ith the establish ment, for furnishing paragraphs, &c. He hail not stated the name of any witness, and he would now proceed to read the libel on which the present indictment was grounded. Here Alr. Plunkot the libel, which.ftelloits;-- and in the behalf their countrymen, it is evident that -Lord 'Wellesley ought not to boast of having the Roman Catholics ranged upon his side. Indeed, another of the As sociation who formerly endeavoured to hunt Lord Wellesley's brother out of the country, lately proclaimed hostilities, in similar way, against Lord Wellesley himself t These cir cumstances are singularly strange ; but, what is stranger still, such circumstances never occurred during the administration . of Lord Wharton. " Many Protestants, who dislike the general policy of Lord Wellesley's administration, also, deeply regret that his Lord ship did not, at least. in one instance, bestow the favours' of the supreme power of the State with sufficient discrimination. Thus, the ill-fated Mr. Franks, who had been distinguished as - a spirited loyalist, on-account of his exertions in bringing some Ribbonmen to justice, applied to Lord Wellesley to be ap - -: pointed a constable in the new police—for the young man had conceived that such an office would affbrd .him the means of self-protection against the consequent resentment of the insur gent peasantry.- The prayer of this humble petition, however, was, if not refused, certainly not granted ; and in a short time the ominous apprehensions which the unfortunate young gen tleman felt, were awfully realiZed, with the horrible addition of the murder of his respectable, amiable, and aged parents! His application, which was supported by the testimony of per sons of rank and fortune, was respectful; his claims were lust ; his character was unexceptionable ; his usefulness—for be was a brave man, enjoying perfect health, in the vigour of was undeniable; but his humble petition, notwithstanding all these advantages, was not received, and the fatal catastrophe which terminated in the assassination of his whole family, occurred a short time afterwards. scribed as 1 7 6+4. - They, in the progress of the case, would reiore to evidence aliunde, and sustain the indictment by the. context, and by other publicatiOincsubsetfuent..' In - the Star, Of the - 18th March, the company a t-th e L evee wer e compared t o the "-riffraff." t was said that ftte wife of a cheesemonger -was present, and this was .made.a sub:len of ridicule by the buffoon Mr. Haydn...lt will be proved that a list_ of the corn- Pany on• this occasion was sent, to Ale Star Office, and that Haydn spoliated it; and altered it. It was true that the Irish Court was not as .crowde.d, or as 'elegant as )it was wont to be before the Union, but this was not owing,to Lord WelleSley, who maintained a liberal and splendid hOwitality here, mequalled by any thing , he (Air. P.) -remembered since the time. of the Duke of Bedford. Notwithstanding this wretch has come forward to brand him—and, like a purchased villain, to,proclainr what he knows to be false. The Right Hon. Gen tleman,said, it was painful to-hint to be obliged to- come for ward thus, but as a public officer, he ha :4 endeavoured to - do hid•uty.for which he had the best attestation—th, disapproba tion of the violent, of all Varties.• A discussion now .arose about the withdrawing of the wit nesses from Court, in which Mr. O'Connell, the Attorney and Solititnr-Generals, and . Mr: Sealy Townsend took part. • Mnch merriment was excited, at this stage, by Mr. Bourne vale anminn'cing that the witnesses were to remain out of hear ing, and to come when called. The Bench very heartily en joyed this bull. ivILLAAm WILLIAMS, Esq. M.P. in the Chair. STEWARDS. Etlw. Hall Alderson, Esq. Nathaniel Atchesun, Esq. Thomas Atkinson, Esq. • ,Charles Bicknell, Esq. John Campbell, Esq. William Green, Esq. Charles Kaye, Esq. J. J. Lockhart, E•q. Willimn Lowe, Esq. - Pickets, One Guinea each, the Society, in Lincoln's Inn MEETING of the PROPRI ETI Day, at Twelve o'Clock at Nov Dinner on Table JAME Itobert Marsham, Egg. Iltid Nichol!, Esq. Jonathan Raine - . Esq. NI.P. Richard Richards, 1•;sq. Nathaniertiaxon, Esq. James S:iarlett, Esq. M P. William Stevens, Esq. Charles Robert Turner, Esq 4 ' l alt Sherffs, Gaolers, and Keepers of Prisons, in whose custody anri PriSOII6TS, eliarged . With . °fences cam. vtitted on the high Seas, or within the said Juri,diction, !".V be, are hereby required to transmit a enpv of the Com t.nieme"t , ?f ever', ,vach . Pr;soncr to Mi.. ,thckult,.the Solicitor !"1: the d denirally, on Spring Garden Terrace, London, in "'der that the necessary measures May be taken, for removing ‘ 2 _ ll "'eh Pris-onirs to His Majesty's. Gaol of Newgate, fut Tri;tl at the said intended Session. to be had, at the Office of Fields, where a URNER.V., 'ORS will be held on the above o precisely. at Half-past Fire. ES ANDERTON, Secretary. NAVY OFFICE, January ,_>;, 182. RAPLA IN'S BOUNT Y.—MONEY be= lIIPOWNERS' , SOCIETY New B l'on (1. street, 29th January, 183.—The ANNIVERSARY DINNER of the SHIPOWNERS' SOCIETY will be held at the City of London Tavern, on Saturday, the 12th day et February next; The Right Honourable the Earl of LIVERPOOL, K.G President, in the Chair. ST EWA !IDS. Richardson Borradalle, Esq. Edward Parsons, Esq. Robert Brown, Esq. John Pixie, Dig. James Carr, Esq. Benjamin 'haw, Esq. John Chapman, Esq. Wm. Thompson, Esq. Ald David Johnston, Esq. M.P. George Living, Esq. Anthony Thompson, Esq John Marshall, Esq. Dinner on table at half-pas Guinea each, to be had of the Tavern. ing in the hands of the TREASURER of His MA JESTY'S NAVY, to pay BOUNTY for the Year 1824, to "eh CHAPLAINS of. the ROYAL NAVY as are entitled ther eto, under - His Majesty's Order in Council, hearing date the Ist February,l76s, Ist February, 1784, and 22d October, 1 502, and whO have been entered upon the list, by virtue of the Papers they have respectively transmitted to this Office ; Notice is hereby given, that the payment of the same will commence at the Pay-Office, Somerset-place, on Tuesday, the Ist February, at Ten o'Clock in the Morning.—And 1 1 1 is desired that in future the Chaplains entitled to the !ntY will, as soon as it may become due, cause their Mt davits to be delivered at this Office, in order to expedite th e pa nt. - Witnesses were then called and examined. The examination of Mr. White led to the following legal discussion : Roby White, examined by the AVTO It NE Y GENERAL.--Ig an attorney ;---wai a school-fellow of Haydn's, and was intimate with Trim for the last two years - ; Haydn consulted witness on several occasions and subjects; witness considers that all com munications between • himself and• Haydn, were strictly .con fidential and professional. Do you rrcollect baying been applied to by Haydn in the month of February, respecting a manuscript? I have no wish, Mr. Attorney-General, to evade the truth of any question put to me, but I must d ec li ne answer i ng t h at question, ,as any communication between Mr. Haydn and myself about manu scripts Was professional ; witness was concerned for Haydn about that time in law proceedings for Haydn. To a question, whether those proceedings were connected with the present pro secution, the witness declined answering,.as it was a privileged communication. " The Constitutional party contrast this refusal with the im mediate grant of a pension of two hundred pounds a year on the Irish establishment, to another young gentleman, because that young gentleman had been recommended by Lord Wellesley as a fit object for royal bounty. The merits of the latter lay in having rushed into the upper gallery of the Theatre-royal, on the night of the 14th December, 1322—and for having there by saved the life of the Lord Lieutenant. This was, at the time, a new and extraordinary piece of information ; and there fore those who have now to deplore the horrible death of Mr. Franks, and his hapless parents, deeply regret that none of the murdered family could boast of being of the half-blood of Lord Lieutenant ! i Five o'Clock. Tickets, One Stewards, and at the Bar of the SEAMEN'S II OSPITAI. Sod' E ry. AGENERAL MEETING of the SUB SCRIBERS and FRIENDS to this INS TITU TION will he held at this place, on WEDNESDAY, the 2d - of Fe bruary next, at One o'Clock precisely, to receive a state• meat of the number of Patients admitted in the pa , t year. The FOURTH ANNIVERSARY DINNER will be held at the CITY of LONDON TAVERN, on WEDNESDAY, the 9th of February, 185. The Right Hon. Lord Viscount MELVILLE in the Chair. " The young gentleman who obtained the pension of 2001. a year for life, certainly went with the persons who followed Al derman Parley into the upper gallery of the Theatre. But the young gentleman was not beaten ; his eyes were not blackened ; his face was not scratched ; nor were his clothes even disc'om. posed. On the contrary, Alderman Parley, whose coat was literally torn from his back by the exasperated Protestants, was neither thanked nor pensioned•! Indeed, Alderman Parley who would not disavow his principles to gratify the whim of a Monarch even, had some cause to apprehend his dismissal from the office which he held at the head of the Police of Dublin !—. And at the time, too, that Alderman Darley apprehended this result, the Attorney-General, who owes his station to the in. fluence of the Grenvilles, held several Protestants in gaol, under a charge of High Treason—although the verdict of an inde. pendent and enlightened Jury in a short time proved that the same Protestants had not been guilty even of a common Thea trical riot ! The ATTORNEY-GENERAL said, the Court must first know the circumstances of the communication, in order to de cide whether it was a privileged "one. Mr. NORTH submitted, that privileged communications were not limited to cases where suits were pending, but to any subject which required professional advice. The ATTORNEY-GENERAL said, he did not ask as -to the nature of the manuscript, but as to a manuscript. The Court thought the witness might answer the question -re specting a manuscript. The examination was then resumed—witness was consulted about the beginning of February, respecting a manuscript. The ATTORNEY-GENERAL—Was there any suit in which Mr. Haydn was plaintiff or defendant about the month of Feb., and in which you were concerned for him P—l don't recollect that there was. STEWA ]IDS. Admiral Sir Eliah Harvey. K C.B. Vice-Admiral Sir Wm..l. !lope, K.C.B. Vice-Admiral Sir G. Cochlrirn, G.C.B. Sir George Clarke, Bart. Th omas Blyth e , E sq . Sir William Kay, Bart. W. R . Borradailc W. K. Douglas, Esq. M.P. William Brydon, Esq. Capt. H. H. Christian, lt.N. •karon Chapman, Esq. Capt. Wm. Bowles, R.N. James Daniel, Esq. Capt. J.W. D. Dundas, R.N. Job M. Raikes, Capt. Robert Gordon, R.N. G. B. Whittaker, Esq. Capt. Win. S. Clarke, H.C.S. John Wild, Esq Sir James Little Dinner to he on Table Tickets, 11. each, to be had don Tavern : amd of Mr Har 19, Bislwpsgate-street-within. A TTORNEY-GEmEnat —Nor any suit for property depend ing, relßtive to a manuscript. Mr. Haydn, as Editor of a paper, might consider there was some property in the manu script. itt Six 0:Clock precisely at the Bar of the City of Lon ley, Secretary, at the Oth.:e, IRELAND. ( From the Dublin Morning Post of Wednesday. )• COURT OF KING'S BENCH, DUBLIN, JAN. 2.5. THE SING, AT THE PROSECUTION OF THE Ai"rORNEY. GENERAL v. CHARLES HOLTON JOHNSTON AND TI MOTHY HAYDN. .IATIONAL GUARDIAN INSTITU t, 4„ TION, for the purpose of investigating the Characters theau Applicants for Situations and Employ ;—the providing eh unie to all persons who are registered as Candidates ;—the S::r r agement of habits of Economy, by investments in the d eur n ,se Bank of the Institution ;—the distinguishing the_ most t t)/1 I ng among Servants and others, by the annual distri u tto them of Medals of merit ;—the assurance of the re etability of Employers ;—the relief of all Registered Candi the preserving of those (particularly females) who, while out of In PloY, are liable to evil associations, by being destitute of the 4 „stance and protection of reputable friends, and to afford Ara residences, until they obtain situations; the permanent ,!Q. comfortable provision of all such meritorious individuals ‘oeing in distress) as shall have become unable to continue in em Ploy by old age or infirmity, with maintenance in Asylums i o 3 r l Ai ms. h ouses ; and such assistance to all others of any em °Yed class who may be recommended by a Metropolitan o ar magistrate or who may b e d eeme d proper objects by the tution, of Directors, or daily Vi s iti ng G overnors o f the Insti , t 4 n umerous Meeting held this day at the London Coffee- PO se, Ludgate-hill, it was unanimously resolved, that Sir Walter Stirling, Bart. John Milks, Esq. Joseph Fry, Es q Wm. Alexander, Esq. Benjamin Shaw, • E Frederick A. Winsor, Esq. James Sedgwick, Joseph Woodhead, Esq. David Pollock, Es • George Dawson, Esq. Geo. M. Butt, Esq. M. A. Robinson, Esq. be the Honorary Board of Directors of the Institution. acid Sir Walter Stirling, Bart., Sir John nerring, Bart., Williann Fry, Esq., be the Trustees o f the rfnstitution. e l hat William Thomas Hodson, Esq. be the Treasurer of tfi Institution. Con tributions or Loans, Donations, and Annual Subsc•ip teeneVor carrying the objects of the Institution into effect, are Lo e . ,d, on account of the Treasurer, at all the Banking Houses Th n e u f Tl and Westminster. ()Pen e e,ffiecs of the Institution, No. 46, Bedford-row, will be whe re „")r business on Tuesday next, the Ist of February, frotrC, Par and Employers in general may apply daily, Soli • ' et ' to four o'clock • and all Persons seeking employ may qui r c e l d t i ° be admitted candida . tes, on their characters being in lit°, and found satisfactory. W. D .MOTT, Resident Manager. Bedf ord-row 26th Jan.. 1825. PRI VA'L'E PUPIL. A L MARRIED and BENEFICED CLEW. Nn GY NIAN, form er ly Tutor to a Nobleman of the highest p 4,l k . 1 and s ubsequently receiving a FEW PUPILS into his Sl a"" a VACANCYresid ent a conveni en t di s tance from .London, has , scl Letters directed for Reverend A. B. Mr. Prowett's, Book ' 23 , ()Id Bond -street, London, will be duly forwarded. `,V4IE EDUCATION, with the ADVANTAGES of a PUBLIC SCHOOL. E MASTER. of a FOUNDATION pr SC HOOL, withi n a d ay ' s j ourney of town, has at p.e.plent Two VACANCIES i n hi s H ouse fur PRIVATE ILS. Term s Si xty Guineas per annum, which include -IjZ• " , eil and' Washing, No Extras. Two of the Masters be- I .fradnates of the University of Oxford, and the other of .ca-• l4ri dge, the Pupils are instructed in that system of Edu itittelon which is pursued the University for which they are 't• "ed. There are also hi hly valuable Valves sity Advan- Vsra_ttached to the School.g A L :) , It address to the Rev. X. Y. to the care of " Caittiths, 2, Warwick court, Holborn, London. IN IHE MATTER OF MARSH AND CO. BANKRUPTS. ToTICE is hereby given, That a DIVI -1)„,, i D . END of Three Shillings anti Fourpence the wil t be Paid at tbe late Banking House, in BP.RNERS /0 BET, on MONDAY, the ith of February, and the Two uq suds Days, between the hours of Ten and Three, and the q ue st days between the hours of Ten and One. 10:e Creditors who have proved their Debts are requested ti e , r ,:!_t, at the Court of Commissioners, in I3asingliall-street, Af ter ; i u t ay, the 4th of February next, at One o'Clock in the tli t As _.lt Precisely, in order to assent to or disseut fro m . ,aoin_!lgnees commencing and prosecuting a Suit in Equity h ey usct.tl necessary parties for the recovery of a certain Po ,rid .11:)suratice on the Life of the late Henry Fauntleroy, Aor, rro perty in th e possess i on o f , an d c l aime d b y, M rs. to or ~ t" row Disney or h er T rnstecs. And also, to assent -do e - f ' o l lseat from the Assignees compounding certain Debts } ble tt i„_ tu "tious persons, whose Names will he stated to the . li te , And also, to assent to or dissent from the Assig. 4 sal %I 'D : 1 1) 1 1 '1 41 K an Accountant in the business of the Estate, ü b f e t it hi t g e - . 4 . :: 4 41 1 y Private Contract certain parts of the Estate a Pts, under particular circumstances, which .. ' u the Meeting. And on other Special Affairs. 0 :d Bro a d. A. GORDON, Solicitor to the Assignees. street, Jan. 29, 1825. p r}:OR COLDS, COUGHS, ASTHMAS, &c. s IdiuriPrigECa T 11. A.L ELIXIR.---Experience very long period, has incontestibly proved 11Pserior efficacy of this Nledicine, in all cases of Colds, " pe g Asthmatic Affections. By pron'oting gen t le . r urdh ° ll , it very shortly relieves the Patient of a slight ,141:v"tn t a r nold, and a few doses are generally sufficient to e se which neglect has rendered more confirm s e . d and Of hi t o 'ate , and which re accompanied with Cough, Spitting K iw .._:(l, and other serious symptoms. Its prculiat:.bals f acu tt :: 1 411 :: tend to heal soreness, and allay the irritation . o f cases of Cough ; and in Asthmatic Affections it a gives f reedom to the Breath. L ialup„,o Bottl es , at ls. lid. and 2s. 9d. by Butlers, Che ol4 4 , Cheap s id e, St. Paul ' s; Savory and Co. 136, New cio e yte el 220, Re gen t- s t reet ; and by the principal Medi enders throughout the United Kingdom. t U Of whom may b e h a d, Ible -10,rs ALSAAIIC LOZENGES, used in re cen t C ou ghs, en css, Sec. and for rendering the Voice Clear and 1. lexi lit ,2c.d prletl cting its Org ans f rom the effects of exertion. t, 9. 3 / 4 d. 14V,11u n gel o careful to ask for Butler's Pect or al Eli x i r a nd Bal lc o . TRIAL AT BAR. This case came on for trial yesterday. Considerable interest having been excited, Sheriffs Lamprey and Warren, and Mr. Browne, Sub-Sheriff; were in attendance, with a party of Po lice, at an early hour; and from the judicious precautions adopted, all inconvenient pressure in the Court was avoided. The County Jury-box was set apart for the Gentlemen con nected with the public press, and no other persons were permit. ted to enter it—a most important accommodation, for which the Sheriffs are entitled to our, and, we think, to the public thanks. Shortly after ten o'clock, the Chief Justice and the other Judges took their seats on the Bench, when the Special Jury Panel was called over ; first on fine of 201., and a second time on a fine of 501. When the panel had been called over, Mr. Townsend, K.C. said, it was his wish that the Jury should not be sworn until the Attorney_General was in Court, which would be in a few minutes. Mr. Townsend's request was complied with. When the Attorney_General came into Court, he inquired if he could see the Bailiff's warrant of the persons mentioned in the panel having been personally served, as he would request of the Court to inflict fines on every person who did not attend. The Loan CHIEF JUSTICE said, that what Mr. Plunkett required was not now the practice. The Sheriff returned the panel to the Court, and they presumed that the Sheriff had taken special care that every one on that panel had been served. The Gentlemen on the present panel had been called .on fine of fifty pounds. In conclusion, his Lordship said, that 'he had not seen a Bailiff's warrant these 20 years. The ATTORNEY-GENERAL. said, that what we wished for was, a full attendance of Jurymen. He did not know the name of one person on the Jury. But the Gentlemen had an ini portant duty to peform, in respect to themselves and the pub lic. He had no desire to question the validity of the present panel, and he could not, under present circumstances, think of causing any delay, or of objecting to the present panel which were struck to try the issue. The Jury were then sworn. Illr. PLUNKETT, jun. read the declaration. Here the Learned Gentleman stated, that this was an information filed ex-officio by the Attorney-General , charging Charles Johnston and Joseph T. Haydn with publishing a libel on the 9th of February last, of and concerning the present Lord Lieutenant, and to the tenor and purport set forth in such information ;. to which the defendants pleaded the general issue. The ATTORNEY -CiENERAL then rose and addressed the Jury. He said it was his duty to state to the Court briefly, y e t distinctly, the grounds on which he conceived it necessary to appear before them. But first it would be necessary to look to the nature of the alleged libel on which the prosecution was founded, and to detail the evidence on which he relied to bring the offence home to the persons charged. In the present case, there were two defendants, Charles Bolton Johnston and .To seph Timothy Haydn. With respect to the first of these de fendants, there would be very little necessity in consuming the public time, for in him would be vested the Proprietorship of the Paper in which the publication of the libel had ap peared. At the period of the 9th February, Charles Bolton Johnston was registered proprietor, and of this, the only and conclusive evid ence wou ld b e a ff or d e d by the production of the documents en t ere d at t h e Stamp-Office, as he was instructed. It was here necessary to say something respect ing the mode in which this prosecution had been conducted, or rather of the rumours that had been blown about respect ing the delays that had been practised ; and the manner in which the prosecution was suspended over the head of Mr. Haydn. It was a gross misrepresentation to say, that there were three or four different prosecutions, although perhaps there was no one who had regard to character, would make such a statement. In the present prosecution, however, he considered the first defendant, Johnstone, as merely a nominal person— his name was used as a pretext, and he was quite secondary and subordinate to Haydn, of whom there was a great moral cer tainty that he was the author of the present libel. Respecting the delay that had been talked of, all he could say was this, that the infbrMation could not be filed till Hilary Term, 1824 ; so that all that had been said about the vindictiveness of the prosecutors, was totally unsupported by fact. Two applications were made about clerical errors ; the word that was changed to the word but, and the word aforesaid was inserted preceding the County of the City of Dublin; of each of th ese contem plated alterations the defendant was served with notice, yet, it was ground of complaint that sufficient time was not allowed. It would be necessary to explain now, that by the existing law of this country, and he admitted it was a defect in the statute law that needed remedy, no Special Jury could be had in a case similar to that now under investigation, unless there was a trial at bar. There was one observation further which he wished to " THE PROFLIGATE LORD WHARTON. " About one hundred and fifteen years have now elapsed, since Thomas, Earl of Wharton, better known on account of the gross profligacy of his manners, than on account of his talents, which were considerable, ruled as the Lord Lieutenant of this kingdom. His Lordship hal spent the earlier part of his life in the pursuit of such sensual pleasures as we were, perhaps, excusable amid the impetuous passions of his youth ; but, as he continued to be a debauchee, even after he had passed the grand climacteric, the vices of the offe n d er w i t h a h oary head could have resulted only from irreclaimable depravity.— While the Earl continued in the Government of Ireland, his conduct was excessively offensive- He treated the Clergy of the Estallished Religion with contempt !—He violated public decency by his low aniours ! !—He excited the dislike of the Citizens of Dublin, as they believed he had hoarded Forty Thousand Pounds, and upwards, in the course of two years, in order to retrieve his shattered Artune ! ! !—And he dis gusted the liberal part of the nation by his inordinate love of power !! ! ! Swift has drawn the Earl of Wharton's character in most glowing colours —in such colours as will per petuate the recollection of his vices, and render the name of that Lord Lieutenant odious to the latest time ; but the supe rior refinement of the present day will not allow, in a news paper, the insertion of the language of the indignant moralist, nor even permit a mitigated description of the immoralities he practised within the very walls of Dublin Castle ! " Thomas Lord Whar..on had, like most other depositories of power, his minions and his confidants. Certainly some of his fair favourites were the Roman Catholic persuasion, but he bad not, during the whole course of his administration, a Popish adviser in Politics. Ilis - Lordship had around him two persons of the most desperate fortune, and most worthless character ; and although he intended to quarter every one of them upon the country, when they should be no longer necessary to him, as implements for the gratification of his avarice, or his ambition, or of another passion which was p ecu li ar l y unsu i ta bl e to ol d age, still, his Lordship was supported by a numerous body of partisans, end influential citizens. Two reasons can be assigned in explanation of this circumstance. In the first place, there was no bully in Dublin Castle at the time, who would presume to maltreat any citizen who might have con demned Lord IVharton's political conduct—and therefore irons of the Queen's subjects dreaded that the Viceroy, who was bound to cause the laws of the laud to be strictly obeyed, at least by his own servants, would retain at his Court any persons who had grossly violated the public peace. In the second place, his Lordship was enthusiastically attached to the principles of the Glorious Revolution of 1688 ; and therefore he was never suspected of countenancing, even through an error of judgment, any mea sure which could possilly tend to enslave the country under the horrible despotism of Popery. " Notwithstanding the striking and gratifying contrast whith is presented to us when we oppose, to the conduct of L or d Wharton, the conduct-of Lord Wellesley —a contrast so highly to the honour of the latter Nobleman, it may seem to be a strange assertion, but it will be found, nevertheless, to be strict)) , true, that the number of Lord Wellesley's adherents, at the present moment, is infinitely less than the number of Lord -Wharton's adherents, in the year 1710—that is, after the lapse of what may be called the second year of the Vice royship of the two Peers. It is evident that Lord Wellesley has lost the cordial approbation of almost all the valuable portion of the Protestants of Irelaui, while his Excellency has also to endure the mortification of being insulted every week by the members of the Roman Catholic Association, who ostentatiously profess to represent the feelings, and speak the sentiments of six millions of the people ! Very lately, one of the orators of this despicable faction, after having in veighed, in most offensive language, against Lord Welles ley's Administration, compared his Lordship's official letters to the vain and verbose epistle,' which Tiberius, according to the statement of the Satirist, sent to the Senate of Rome, from the dear abode at Caprea. In truth the Orator re peated the very words of the Satirist, in file original lan guage, the Association • and the n ews p apers w hi c h report to i the circumstance state,. that the members laughed immode rately at the sneer—but surely thi s was unnecessary to illus trate unless, indeed, the Or a t or also intended to insinuate what would have b een f a l se , t h at Lord Wellesley could dissemble on occas i ons of State, like the not have been quoted, pompous diction of th e di spatches, and, therefore, t should Tiberius, and that Woodstock was as charming a place, for the 'residence of a great Governor, as the Isle of Caprea! ! ! In the days of Lord Wharton, the Roman Catholic were neu tral, as they neither favoured nor opposed his mode of govern. undervalued by s o s p o e c n ia ly tion, speaking in i th ng e m lr em ela b n e d rs ; o b r u th t a e s R L o o m rd ai li c re a ll t e h s o l l e i y c isA " But how insignificant is Alderman Darley's case, when it is compared with the rejection of Mr. Franks' petition !—Poor Mr. Franks, with all his nierit,'. and all his acknowledged services, could not get even a constable's place, which he soli cited from Lord Wellesley, in order to possess himself of the means of self-defence, and to protect his adored and estimable parents, while at the same time he should have preserved the peace of the district in which he resided. Perhaps the pensioned gentleman thinks his merit fully entitles him to the large an nuity he has gotten ; and that it was quite right to leave poor Franks, whose veins were not the channels of noble blood, either gfa regular or irregular kind, to the care of Providence ! That young gentleman now enjoys all the comforts of ease and dignity at the expence of the nation ; while the mortal remains of Mr. Franks, and his parents, have not an inscription on their humble graves, to commemorate such a hideous anomaly in the social system. as that which conferred affluence on one man without any apparent cause, at the moment when a meritorious subject who had essentially served his country, was left to pine in want, until ferocious assassins had perfected the plan of his death, and consummated their revenge by the murder of his whole family." If this libel contained nothing but matter of public charge against the Marquis Wellesley, he (Mr. P.) would rather let it pass unnoticed and unpunished than run the hazardous con sequences of retaining free discussion ; but it was malignant private slander, uttered by one carrying on . the trade of defa mation, by a wretched calumniator totally unknown, with whom the Marquis Wellesley, at no period of his life, could have had any intercourse. lie (Mr. Plunkett) therefore thought it necessary, as a duty which he owed to the public, and to the noble person so cruelly maligned, to bring the venal scrib bler to the bar of justice, where an investigation might be had. The libel of which he complained charged Lord Wel lesley with gross profligacy ; it also called him An old and withered debauchee.—(Laughter.)—This was a serious ground of charge. The libel also asserted, that Lord Wellesley slid not indulge in that liberal expenditure and generous hospitality which it was the duty of his high office to afford to his Court. It charged the Lord Lieutenant further, with an inordinate love of power, with gross immorality, with public indecency, and with indulging in low amours. This was a se rious imputation. It was holding the Chief Governor of this Country up to contempt and odium. It was calculated to in terfere with the public duty of the Noble Peer at the head of the Government, because, if this charge went forth unrefuted, and unprosecuted, it must be quite evident, that the public would attach some credit to the imputations. It was therefore that he appealed to the King's Bench to interpose its autho rity. But the article, headed Lord Wharton, was not the only libel that hail appeared. He would read to the Jury another, giving an account of the assembly at the Castle, on St. Pa trick's night. (Here Mr. Plunkett read the article from the Star.) Now, this was false, and Haydn knew it to be so, for he had fabricated the falsehood himself. It was a malignant slan der, as all the suite of Lord Wellesley could prove. The house hold of the Noble Lord were in attendance—they could be pro duced at a moment's notice—they would not require the forma lity of a subpoena—they would appear at once, and submit to the most rigorous examination, to have an opportunity of proving the rank falsehood of these odious calumnies, which were as " false as hell." (The Attorney-General pronounced these words with great force and energy of manner.) Lord WelleS ley had passed his time in a very different manner from that de scribed. He passed it in the discharge of an arduous duty, and the pursuit of those liberal studies and elegant recreations which had been the delight of his youth, and which were the solace of his age. He (Mr. P.) did not care of what sect, or to what party, the Jury belonged, but he hoped they had the feelings of gentlemen and of Christians. lie would be followed by able and eloquent Counsel, but he was at a loss to think to what topics those gentlemen would address themselves. They would hardly, he thought, rise to justify topics, on the ground of the freedom of discussion, which he considered deadly and destruc tive. There was no more anxious friend to the freedom of pub lic discussion than himself. He hoped it would live as long as the Constitution ofthe country; but that indeed was an idle wish, for the Constitution of the country could not exist without it. But if even the Constitution were to be overthrown, and long dis tant may that day be, it would be overthrown by the unbound ed and unpunished licentiousness of the press, destroying its freedom. Ile was not one of those who would measure expressions tittered in the warmth of the moment.— (Here Mr. O'Connell smiled, as did many of the friends of that gen tleman). But here was a deliberate, a wicked attack on pri vate life. Haydn never thought of Lord Wellesley at all ; he was merely a worthy gentleman compiling a history of Ire land for the edification of the public; and perhaps the Coun sel on the opposite side would blame his officiousness for-seek.. ing to fasten the words on Lord Wellesley ; but it was the ge neral rule, that words were to be taken in the general sense which readers annex to them. If the Jury conscientiously thought that these words were a mere abstract piece of history, they were bound to find a verdict for the defendants. Yes, he would say, they were bound to fine a verdict for the defend ants; but they must come to the conclusion, that Haydn had abandoned the lofty path of politics to pen historic anec dotes of times vast ---that there was a comparison between Lord Wharton and Lord Wellesley, and the contrast was striking, and could not be mistaken. Here the Attorney- General went over the various passages of the libel, and ap plied himself to prove, that in the l atter part o f i t L or d Wellesley was distinctly mentioned, In alluding to the for mer part of the libel, he said it came within the case of the King versus Eaton, in which the late Monarch was compar ed to the tyrant Cook, and to the case of Duke !War_ ton, the son of the Lord-Lieutenant of Irel an d, w h o was de- ATTOIINEY-GENEnAL—Thi s is a matter of law—it is an indiscreet answer; and I do not want to avail myself of it.— But were there any proceedings, civil or criminal, against Mr. Ilayd at that time ? There were not. Not with reference to any right or privilege then depending, in which Mr. Haydn was concerned ? I believe not. Was there any crime committed at that time, for which Mr. Hayn was liable to be prosecuted ? Mr. NonTu objected to this question. The CHIEF JUSTICE—Mr. Attorney-General, we don't think you can ask that question.. ATTORNEY-GENERAL—The distinction wish to make, is with the view of having it decided, how far the witness is within the limits of his professional privilege. If Illdn con ; suited the witness, f or the _purpose of knowing h ow he could safely violate the law, that communication is not privileged.— But if he committed an offence, and conselted his attorney,. as to how he could defend him, then I concede that I have no right to ask him. - Judge BURTON—That is, perhaps, rather anticipating what should come from the other side. The ATTORNEY-GENERAL—I think so, my Lord, I will now come to the contents of that manuscript. and ask the wit ness what they were. Mr. NORTH objected. The ATTORNEY-GENERAL.—The question then is—whe ther a party, having no legal right depending, civil or criminal, consults a professional gentleman, with respect to an act which he intends to do, and if that act, being done, is detrimental to the laws of society and interests of the public, has that profes sional person a right to protect himself from a disclosure of those facts in a Court of Justice. If it is discretionary with a professional man to consult his feelings, as to what he shall consider a privileged communication, how is the law to be drawn between the most trivial and the most serious offences ? It' a man consult his attorney.. stating his intention to commit murder or treason, and requiring to be advised as to how he can do either with impunity--and if, after the commission of the crime, the attorney should be asked as to the fact of his haying been consulted, should he have the option of deciding whether he should screen the offender from Justice under his professional privilege ? The law knows no Such officer as an advisor how to commis crime safely, nor consents to tell what is or what is not crime—though it recognizes an adviser to in struct an offender how to defend himself when prosecuted. Mr. TOWNSEND contended that the privilege was not that of the attorney but of his client. If Mr. Haydn had handed& libel to Mr. Il'hite, his attorney, and handing it would be publishing it, could it be maintained that Mr. White, the only competent witness to prove the p u bli cat i on , cou ld s h e l ter him self under his professional privilege from giving evidence of the fact ? Could the libeller, by his own fraud, purchase his indemnity ? The CHIEF JURTICE.—Do you urge it then as a pub lication Mr. TOWNSEWD.-I do, my Lord, so far as that, for there is no privilege for publishing a lible.. Mr. O'CoNIiELL, for Haydn,— saidlt was quite familiarto every lawyer that there were many modes of distributing pub lications that were libellous, and yet privileged publications. It was notorious that Newspaper printers are obliged to inform the public of many occurrences, the publication of which may be libellous ; but the suppression of which would be an aban donment of their public duty ; and if such a printer should consult Counsel as to the safest terms or form of publishing it, shall it be said that the attorney, who may convey or submit the case to Counsel, shall be brought into Court, and made de clare what passages were omitted ? It was but the other day an article appeared in a Newspaper, and there was attached to it the opinion of Counsel, that " this case, as it n.ow stands, is not libellotts"--and was a printer, anxious to avoid offend ing the law, to be denied the right of taking the precautionary measures of obtaining professional advice how he could best do so? TheSOLICITOR-GENERAL submitted, that the professional privilege now sought for, could not exist consistently with the laws of the land, for no man was privileged to advise how to commit crime ; and an attorney or any man would be guilty of a misprison of treason, if he were consulted upon a treasonable project, and did not make it known, The attorney had no pri vilege but that which originated in the absolute necessity fur men, in some transactions in life, to consult those who neces sarily are persons of better judgment than themselves ; but it never was intended that such a necessity was to be the founda tion for counselling the commission of crime. The right of every man to consult confidentially his legal advisers, was not denied, or attempted to be infringed upon, by the exami nation now contended tor, because the rule did not go to affect those who consulted Counsel for some useful purpose. The COURT consulted for some time, and deferred their de cision upon the point. After the examination of two other witnesses, the Court ad journed to this day at ten o'clock. • General Sic Wm. Parker Carroll was near the Bench ; and, on the other side we observed Mrs. Kemmis, Mrs. North, Miss Bushe, and two of the young Mr. Plunketts ; at the table sat the Rev. Mr. Keugh, and next him was placed the Rev. C. Bard in. We never remember to have seen so crowded a bar sites t h e ex-officio trial. Mr. O'Connell sat within the Bar, next the e King's C ounse l , and exactl oppos ite him was Mr. Browniow, m.p. f or A,. magh. The lion. George Knox, with a party of Ladies, and several Dragoon Of were also p resent. ( The Second Day's Proceedings to-morrow. I