The Sun. — London, England, 1827-02-22 00:00:00

MITRIT ol► taIIPUBLIC JOtTRNALs. The present situation of the is like that of the Coßige of-Cardinals.when the Pope is in extremit. They meet in conclave, debate - , disagree, confer again, and settle nothini, There is in one part of the Ministerial body, a stiff *R disinclination to give to a certain Right Honourable Ottntleman„in form, the -official dignity which his talents must confer upon him in effect—namely, that of Prime Ministet ; and that opposition is said to be as obstinate as it is unreasonable, so.that in fact it will prevail; and some anasia phantom of a Prime Mi n ister must be sought for, whilst the person objected to may retain his situation as leader or the Honse of Commons. This gives one but an unfavourable idea or the amicable feeling, individually and perscmally, that will subsist among the members of the forthostning Administration; when it shall be formed ; and the telailon in which they will stand with respect to political semi , ineut is little less antipathetic. The Right Hon. Gentleman, whatever his powers may be, labours under one disadvantage in these biekerings, Which is, thathe feels he is sensitise; the brutes who thWart kiln are callous, and impenetrable to acute sensation. The County hates and despises them ; hut what signifies that % :Popeus me sibilat, at mini plaudo. We cannot help surmising 4./tat it will be a difficult matter for an Administration thus formed to subsist long. Mr. Burke's fantastical description of the dove tailed Ministry will hardly apply ; it does not sufficiently describe the unamalgarnating qualities of the body now to be formed.— Times. We have in our own case protested against the holding to bail for libel, as a practice utterly irreconcilable with justice ; and, on a recent occasion, an applicant against its was referred by a respectable Magistrate to a Grand Jury. We should be ashamed of ourselves if we did not equally protest against a recurrence to this practice in the case-of .. others, what eer the nature and character of the libels with which they ace charged. The case at the Man ,,aort Ilcrase is one in which no class of the community is ?nine interested than the Proprietors of Newspapers ; and if they meanly remain silent, when a sanction is obtained fir the practice in the instance of an individual, whose conduct may have rendered him obnoxious to the public in general, they abandon the cause of the Press, and de prive themselves of a_ justification when the precedent is brought to bear against themselves. We enjoy, at this time, the unspeakable advantage of being under a Govern- Mtnt, as little chargeable with a wish to fetter the Press as any Government which this country has ever possessed. in this respect we have a great advantage over our neigh bours, the French. We are, in fact, left to ourselves, under laws which allow us to pull each other in pieces—a liberty of which we are not slow to avail ourselves. The French laws arc better than the Government wish them to be; our Government, on the other hand, is better than our Irma: nut of what avail is the fairness of a set of Mi nisters, if-the laws allow the people to harass and prey int each other. Now what we maintain is this—that it is a mere mockery to say the Press of this country is inde pendent, so long. as the practice of holding to bail is tole fated: The Journalist is at the mercy of every one of his neighbours; his public existence can be brought to a close Avlietiever a party arises sufficiently malicious,and sufficiently persevering, to avail himself to the full extent of the Ower a practice like this places in his hands. No Newspaper is, ever was, or ever , can be published, in which matter may not be found that, under the present Law of Libel, may be termed a libel. A Prosecu tor has the choosing of his Magistrate ; and it would be strange indeed if, under a system which admits to the Magistracy any man who has sense enough to avoid jumping into a chalk pit or a pond, a suitable instrument could botbe found for the prosecutor's purpose. Let it be borne in Mind, that it has been decided again and again, that a Magistrate is protected against punishment for errors of judgment; and that ff a corrupt motive cannot be proved, he is in the enjoyment of complete impunity. Now a prosecutor having, with the aid of a well-disposed Magistrate, held a journalist to bail, has only to follow up tho blow by successive applications, to succeed in lodging him at last in a gaol, and to ruin him long before it can be determined by a Jury whether he is innocent or guilty.—We ObierVe that the Lord Mayor departed from the principle respect ng sts-earing, laid down by himself on Monday. The City Soli tecording to the report, asked the bail whether they be liswid in the Books on which they were about to be sworn. Now en Monday his Lordship reprobated the putting of such questions at' that stage ; and told the defendant, that his security was in the penalties attached to perjury, and in the justice of his tentatry. We cannot bring ourselves to suppose, that his Lord ship has ens law for one party, and another law for another; but it is obvious that he cannot be in the right on both eccasions.— We Wish it to be understood, that we bear no grudge against his Lordship, for bad dinners and coarse knives and forks—these are matters for the consideration of Aldermen and Members of the Corporation, who may be safely trusted with the care of their own interests; and that we found no faith, as our contemporary of the New Tittles did, with his speech on the retirement of the Rev. Mr. Clayton. We care not for his kitchen or his chapel,whather he be a follower of Calvin or Joanna Southcot, but we care for himin his character of administrator of the laws. In that cha racter, we wish be could have reconciled it with what he owed to " God and his Country," to discourage the practice of holding tit .bail, which, though recommended by Lord Sidmouth, was reprobated by- a man whose opinion is much more deserving of regard, Earl Grey, whose speech on the subject of the famous Circular has always been very much admired by the best judges.— :Wining Chronicle. We were surprised to see a man of Mr. Waithman's good sense and discernment imputing the state of the poor end the amount of the poor-rates in the metropolis, to the Corn Laws; the fact, we believe, being, that bread, as . well as other mere articles of necessary food and clothing of the poor, have not fer many years been so cheap in Lon don as they have been for some time past, and happily continue; notwithstanding the severity of the winter. That there is much distress among many of the middle and Tower Atlases in-London (as, we fear, there always must be int , thedestae population of a vast metropolis) cannot he denied; TOCeasiored by a great stagnation in all or most of &a- great sources of employment, and not u little ag gravated by the extreme cheapness of spirituous liquors, and the other too great facilities with which they are ob tained. Mr. Waithman neetkonly look round his own ward to see what we mean. He expresses his surprise too at the number of persons in particular parishes ex cused from payment of the poor-rates on the score of po verty. But this does not surprise us at all. It is clear that the same persons cannot be both receivers and ' - payers; and to expect that those Who want relief them selves should be able to contribute to the necessities of others, is a proposition which no reasonable man will maintain. It follows, therefore, that as far as individuals go, the poor themselves must be exempt from the burden occasioned by their own relief. We are well aware, however, that a great abuse e x i s t s on t hi s h ea d , and that Mr. Waithman and the other Members for the metropolis would be doing a very acceptable service to:lhe public, were they to bring a Bill into Parliament making the landlords subject to the payment of all rates upon lioness. In some parishee this is the case; and it should be so in all, fur it is quite notorici: that no small pert of the distress which exists among the lower classes in the metropolis arises from the high rents they are compelled to pay. Persons unac quainted with the fact would hardly credit the enormous prices which ars given for wretched houses in vile streets, courts, and alleys, in Spitalfields, St. Giks's, the lower parts of Westmin star, &c., many of which belong to persons of great opulence, and who obtain these large rents, in sonic degree. in consequence of knowing that their tenant s will be exempted ' from parochial rates on the score of poverty. It is quite erroneous, too, to sup' pose that the poor-rates are altogether spent upon the poor. The county-rate alone is no inconsiderable drain upon it, and one from which the poor derive no benefit. And if Mr. Waithman, or any other active MenAber of Parliament, could apply the search ing qualities of the Speaker's wan ant to the archives, the freaks, and goings-on of certain immaculate bodies yclept " Select Ves tries," he would find that there are other causes besides the Corn Laws for the increase of parochial burdens in the metropolis; and eat those who are causing, and, in not a few instances, fattening upon the abuses which exist, in fact, laugh in their sleeves, while he, with other sensible men, like himself, unconsciously set up the Corn Laws u a bugbear, while the real evil s , as well as their remedies, are passed by unnoticed.—Morning H era ld . According to the latest accounts from Portugal, the re. fives are still in considerable force in the province of Tras-os-lkiontes, and evidently watching an opportunityto make another irruption into the interior of the country. When this - sort of warfare will end, or when our troops ^ay safely be recalled, it is impossible to say, but it is xtremely probable that it will go on so long as the Spa !ish, the French, the Roman, and indeed the whole Ca- Clergy of Europe shall lend them their countenance ad aid. That this is the fact at present, no one who pays be least attention to the subject can deny. The Clergy of hose countries look upon revolutions and liberal govern uents as the forerunners of their downfall. They know hat wherever a regular system of free government is -stablished the power and influence of the Clergy are di ninished ; the people become more enlightened, and less tisposed to submit to the dictates of the Church than to ,:ommon sense, They have seen that the French revolu tion stripped the Clergy of all their church lands, tithes, and other sources of revenue—that the people of France are now the least subservient to the priesthood of all the nations of Europe, and they naturally dread, if Clio revo lutionary spirit should be allowed to extend itself, that they too, shall lose their influence, with their church lands, and be obliged to subsist on a miserable pittance 7 -T.:lobed by the Executive Government. Though this not happen for many years after the establishment of the Constitution, they have sufficient foresight to dis cover, that soon or late a most material change to their disadvantage would take place. If Spain had any thing like a free Constitution, and were governed by the laity, it is quite evident that the Clergy would not, as now, be allowed to raise a revenue nearly as great as that raised for the purposes of Government. We cannot, therefore, wonder that they show enthusiasm in the cause, and do every thing in their power to excite a war. Self-interest is the most powerful of all motives, both with Clergy and laity, and we may be assured, that the Catholic Clergy, whose chief objects for centuries have been wealth and power, will act like other men, arid not submit without a struggle to such an important change. But beside the Clergy, there arc other classes in the different states of Europe highly friendly to the Portuguese refug.:e , . The Nobi lity must naturally dislike a free Constitution, which tends to raise plebeians and persons in the middle rauha of life to a level with themselves ; and absolute Monarchs must hate it still more. If the Portuguese Constitution succeeds, Spain must ere long adopt one of a similar description. The infection will soon spread along the shores of the Mediterranean, and at length make its way into the German dominions. With what horror the Empe ror of Austria and Prince Metternich would regard its approach, their past conduct has sufficiently shown. They lost no time in extinguishing the Constitutions of Piedmont and Naples, and we have no doubt they look upon this of Portugal with exactly the same fe:7:l.g. It makes no difference to them, in reality, whether the Monarch grants the Constitution, or the people take it by force. Reform, liberty, and liberal institutions are the objects of their hatred in any shape. The late Emperor of Russia always acted on these occasions with the Emperor of Austria, and from all accounts, his successor is treading in his footsteps. We have thus arrayed against the Constitutionalists of Portugal the prin cipal Courts of Europe, and almost all the Clergy—a fearful odds. They, of course, do not act openly, but they have many other ways of serving their ends. It is easier to transmit to the re fugee, money than troops, and with money, troops in all coun tries will be found. Looking, therefore, at the disposition of those Courts, the self-interest of the Nobility and Clergy, and the want of enthusiasm among the Constitutionalists themselves, it cannot be denied, that their cause at present has a forbidding aspect, and that, taking it even in the matt favourable point of view, many years must elapse before it can finally prosper. We must, in the mean time, maintain troops in that country at an annual expense of two or three millions sterling, and thereby in crease the burdens of the country without receiving the thanks of the great body of the Portuguese people. We are as anxious as any party can be to maintain the faith of treaties, but we think, in this instance, the case was not sufficiently made out, and we are only confirmed the more in this opinion, by the repeated ac counts of the apathy of the people, and the little thanks we have received for our interference.—lbid. The policy of Mr. Canning promises to be as successful in respect to America, as it has been in the mutual relations between us, and Portugal, France, and Spit). Mr. Can_ ning refused to make the intercourse between our West Indian Colonies and the United States the subject of ne gociation ; and, in doing so, he acted with candOur, and with spirit ; for the law of America had prescribed a con dition to that intercourse, with which England could never comply, and with which the American Executive had no authority to dispense. The Congress seems to be inclined to recede from their extravagant pretensions. If, in the legislative measure, which is stated to be now under consideration, for regulating the intercourse with our Co lonies, they abandon their absurd demand to be placed on the same footing with the mother country, the great bar to negociation will be removed; and if they are content to participate in the trade of our West Indian Islands, on the same terms with other countries, we doubt not but that our Government will show every disposition to pro mote the settlement, by treaty, of differences of opinion, or collision of interests, on these matters. Undoubtedly, in all questions touching the mutual relations of sovereign States, it is infinitely better to proceed by negociation and treaty, than by separate and independent legislation. Eng land adopted the latter course, not because she deemed it in itself preferable to the former, but because America had left no other alternative. An Act of Congress made nego ciation at once impossible and useless; by imposing a most unjust and extravagant preliminary condition. What other course was then left to us, except to regulate, by Act of Par liament, so far as our own interests were concerned, that which the Act of Congress rendered it impossible to regulate by tieaty. When that objectionable Act of Congress is replaced by a more temperate and rational law, it will be the duty of our mini sters to consider anew the course they ought to follow:—We de not object to the United States following any course of commer cial policy, which shall be agreeable to their own notions of their own interests. If they choose to.attewpt, by means of heavy im posts, to favour this or that species of industry, and to create among themselves manufacturing establishments, which would not otherwise exist, they check the progress of their own wealth and prosperity in a greater degree than they impede that of other nations. But it is abslusl enough in them to follow one system, and yet, is all their official documents, to laud themselves as the patrons of principles directly opposed to those on whicl: they act. They load trade with restrictions, and then wish that other States would imitate their liberality, and adopt their enlarged princi ples. :lot satisfied with reciprocity, they insist on enjoying pre f r.nces beyond other nations, and, with the same breath, talk of .thzir own wisdom and moderation, in doing their utmost to pro , trie..e free trade on equal terms.—At this very moment a project ,s under the consideration of the Legislature, the purport of which is, to raise, enormously, the duties upon the importation of the most important class of manufactures. Whether the measure will pass is, as yet, uncertain; but the opposition to it arises from the wants of the Treasury, and not from aversion to the narrow and erroneous views on which it proceeds. America is adopting and cherishing the very errors, which more mature experience leads England to throw aside. So far is the child behind the parent in the maxims of a liberal commercial policy. Nttc Times. t.l 1 i CATHERINE OF RUSSIA.—" 1 It will not be altogether useless to mention here a, fact, in itself of no great moment, but which may contribute to give a just view of the character of Catherine. One day, as I was sitting opposite to her in her carriage, she expressed a desire that I would repeat to her some light pieces of poetry which I had composed. The delightful familiarity which she permitted to those who travelled with her, the presence of her young favourite, tue remembrance of those who had preceded him in her favour, her philosophy, her gaiety, her correspondence with the Prince de Ligne, Voltaire, and Diderot, having led me to suppose that she would not be shocked at a tale of gallantry, I recited one to her which was in truth a little free and gay, but still sufficiently choice in its expressions to have been well received at Paris by the Due de Nivernais, by the Prince de Beauveau, and by ladies whose virtue equalled their good humour. To my great surprise, I saw the laughing traveller suddenly assume the deportment of a majestic sovereign. She interrupted me by a question altogether foreign to the purpose, and changed the subject of conversation. Some minutes afterwards, in order to shew her that I understood her lesson, I entreated her attention to a piece of verse of a very dif ' ferent kind from the former, and to which she lent the most oblig ing attention : as if desirous that her weaknesses should be re spected, she took care to cover them with a veil of decency and dignity. This anecdote reminds me of what my brother said, with so much justness and originality, when speaking of the in dulgence permitted by women thoroughly virtuous, and the ap parent severity of those who are not quite so perfect. " Where virtue reigns,' said he, 'the thew of nice decorum is useless.'"-- Serer'. Memoir. LAW INITT:LtGitNM • COURT OF KING'S BENCH, Faa. U. YHILLITS V. ACICRILL AND ANOTHER. Mr. Currry opened the pleadings. Mr. GLTILNET stated the case. This was an action by the plaintiff to recover from the defendants, Messrs. Ackrill and Berry, printers, in Holland-street, Blackfriars-road, a compensation in damages, for the publication of a libel on him in the shape of a hand-bill. Shortly after the late election, a meeting of the free men 'of the city of Worcester took place at the White Hart public house in Chancery-lane, at which the plaintiff and the defendant, Mr. Ackrill, were present. The plaintiff having claimed the right to deliver his opinion on some question that was agitated in tae eourse a the evening, it was objected that I.a. was an intruder, and had no right to speak, as he was not a freeman. A show of hands decided in his favour, and shortly after the hand-bill in question was printed and circulated by the defendants. It pur ported to be " Pry's interview with the Electors of the City of W—r—s —r, or a new song to an old tune ;" which, after intro ducing some remarks respecting the election, with " I hope I don't intrude," concluded with a song, in which was the following stanza, which it was alleged alluded to the plaintiff : Huzza, Gents., buzza! shout away for the clerk, Whose actions and libels are known ; Some few years ago, it was said of this shark, The boys hung many miles from home. The Learned Counsel concluded by expressing his confident hope that the Jury would, by their verdict, give the plaintiff such a compensation in damages as would effectually repress the mis chievous activity of the defendants from such proceedings in future. The Loan CHIEF JUSTICI2 observed, that if the Jury were of opinion that the placard had been published by the defendants, they were then to decide whether it was a libel or not.—\ erdiet for the defendant. COURT OF COMMON PLEAS.—FEU. 21. LEVY V. ZiII.NES AND ANOTHER. Mr. Cntrrr opened the pleadings. The declaration Mated that this Was an action brought by the plaintiff against the de fendants, for a libel contained in a periodical of which they were the printers. The libel was represented in a picture as well as words. Mr. Sergeant VAUGHAN addressed the Jury for the plaintiff. The plaintiff was a Sheriff's officer, and, in his profession, a very respectable man, residing in Oxford -street, and, in the course of his duty, executed, or rather attempted an execution against a person, who had for some time evaded his search ; he at length, however, received information that this person was up stairs in his own house. He accordingly went there, and inquired for him, and, on being told he was not at home, proceeded up stairs, hut was unsuccessful in finding him. In consequence of his thus having gone into the house, an action of trespass was brought against him by that person; in which 1001. damages were given against him. A short time after this the poetry com plained of was produced, which appeared to have received its birth in some garret in Grub-street, and was published in a periodical publication, called The Spirit of the Times The publication in question was embellished with a frontispiece, and a pretty sort of one it was ; in-heed, it seemed to account for the eagerness with which his Learned Fi iend had hurried on the trial of this cause (it was now late in the evening) when it was :ihnost dark. This frontispiece was, indeed, sufficient to shock any person, and appeared to be grossly indecent. At the first glance it conveyed the idea of two persons about to murder a third, who was represented as in bed ; and unfortunately in one of these two was discovered a formidable likeness of his client; fur though it appeared in the shape of a caricature, yet it was well known that very excellent likenesses were frequently contained in prints of that description ; and so it was in the present, for no one who knew the plaintif f could look at that print and not im mediately recognise it as a representation of him, although he was drawn in such a figure as no mortal before had ever seen. He was represented in the act of pulling off the clothes of a bed, in which was a lady, or what was perhaps intended as the figure of a lady; but in his (Mr. Sergeant Vaughan's) opinion it was much more like his brother Wilde.—(Laughter.) —The plaintiff and his assistant appeared to be engaged like two assassins ; but were their " intents wicked or charitable," he would leave the jury to say. They were re presented pulling the clothes below, and the lady above.—(A iatigb.)—Beneath this print was written—" L—y, the Bum," which was without doubt intended to apply to his client. Now, ts this latter word might be attached two different interpretations ; hut he would not in this instance take what he believed to be the general one, but would apply it to the situation in life which the plaintiff filled—who was, as he had stated, a sheriff's officer, or as they were generally called, " a bum bailiff." As he had before stated, the portrait could not be mistaken, and at the back was published a description of the plate, in which he was held up as a man misconducting himself in a gross manner in a lady's bed room. The consequences of this publication were calculated to prove extremely injurious to him and distressing to his feelings, es he would now be invariably met at the comets of the street with the salutation of " There goes Levy the Bum." Ho would now come to the poetical part of the publication, of which the pla i nt iff m i g h t well say, " that some enemy had done this." It was dated the Ist of July, 1826, and was headed, " The Spirit of the Times, or Essence of the Periodicals, concentrating every week all that is worthy (strictly regarding the times) of being preserved from the whole of our newspapers, magazines, &e." It then commenced as follows-- L---Y, THE BUM. " ' Come, follower, come,' " Says L—y,•the Bum, We've rather a shy bird to nab to-day.' s' So their shandry dan, " Mounted master and man, " And o'er Oxford-street stones rolled away." Now the plaintiff resided in Oxford-street ; his domicile was situated there, so that there could be no doubt that the words were meant to apply to him. But the poetry continued— " Is the master at home ?' " Says L—y, the Bum. " No master lives here—mine's the house you sec.' " Nay, Ma'am, that's a hum,' " Says L—y the Bum, • " So upstairs he march'd right merrily. " The chamber-door " Was locked, but no more " Cared L—y the Burn, for Lock and Key . , " Than wine-bibbers for the cork . " They can draw with a fork, So smash went the door, and in walked be. Was this a libel, or was it not ? Could-any thing be mere se to an officer filling his situation ? But to proceed— " Then beneath the bed-clothes " A bead sunk and rose, " And then came a squall and a pitiful souk, " '-Fee, fo, fum,' " Says L—y the Bum, " ' I smell the blood of the man I seek.'" What could be more offensive to the feelings of an officer than this, in which he was represented as having broken into the room of a lady ? But the next atanza was still worse, as he is described as pulling off the clothes from a bed in which was a lady. Now, this must be particularly injurious to his client, who, in his capa city, was remarkable for the softness of his approaches to the ladies, and was never known to behave in any manner at all in decorously. This stanza was as follows : " Then off they pull'd neat, " Quilt, blanket, and sheet; " But instead of the bird they would seize in the nest, " They saw, with surprise, " A white neck and black eyes, " Ripe lips, rosy cheeks, and a heaving breast. " Not Moses, the cunning— This lie supposed alluded to Moses in the Vicar of Wakefield. " Not Moses, the cunning, • " When he found they'd been funning " Hint off with green spectacles not worth a toy ; " Not poor Doctor Caius, " Who could blister or slay us, " When he found he had married a lubberly boy,' " Were struck half as dumb " As L..—y, the Bum, " When he found himself balk'd of his destin'd prey, " And no dog of true mettle, " Tied to a tin kettle, " E'er bolted so swiftly and madly away." Now, this really appeared to him (Mr. Sergeant Vaughan) as one of the most injurious parts of the publication. Here was • his client compared to a dog ; and to a dog, too, represented in of all situations the most humiliating in which he could be placed —a situation which was calculated to excite pity in the minds of the whole world. He had said that the figure represented in the bed was exceedingly like his Learned Friend; but he felt . convinced that the next verse must positively allude to him. It read thus " But the worst job of all, " Was at Westminster -hall ; " Counsel's speech, Judge's charge, Jury's verdict— a sum " Most dismally lost, " For damage and cost ; " And thus ends the story of L—y, the Bum." and the description The scene being laid in Westminster-hall, . - of Conasers Beech could allude to no , other than his Learned Friend. At this late hour he would not detaiO the Jury by making any comments on this publication, of the malicious tendenCy of which no one could doubt, consequently it must be considered a libel, and being such, he trusted the Jury would give some small damages to the plaintiff for the injury it was calculated to do him. During the delivery of this speech, the Court was .in a conti • nued roar of laughter. Mr. Sergeant Winne addressed the Jury for the defendants.— His Learned Friend had stated that the likeness in the plate was so much the resemblance of the plaintiff, that it could not be mis taken, and that it could refer to no one else. Ile had also said, that he should have taken the lady who was represented in bed for him (Mr. Sergeant W.) Now this was certainly very unfortunate, as, aecoraing to Ilia Learned Friend's account, he allould nut be to walk through Oxford-street without becoming the object of some unpleasant remark ; because, of course, if that argument could relate to the plaintiff, it would to him. But he (Mr. Sergeant Wilde) really did not observe that there was any thing that could be called offensive in this likeness to a sheriff's officer. - The plate repre sented two figures, who were pulling the clothes from off a bed. At the bottom were the words " L—y, the Bum ;" and the reader was referred to the other side for a description of the plate. The print contained two figures ; but which was meant to apply to the plaintiff did not in any way appear. The Learned Scrjeant would venture to say, that any sheriff's officer, even supposing him to have the most delicate feelings possible, could not find any thing in this pamphlet which could at all reflect on him or his cha racter. He admitted, that if it had been stated that the plaintiff had pulled the clothes off a bed, which bed contained a woman, he would have been entitled to recover a farthing damages. As it was, he submitted it was no libel at all ; and again, there appeared to him to be an objection ; the plaintiff complained that he had been described in the plate as pulling the clothes off a woman who was lying in bed, whereas, it was obvious to those who had eyes, that the woman was represented as sitting in the bed.—(A laugh.) He again repeated, that he was of opinion that the pamphlet con tained nothing that could be called a libel, and he trusted the jury would think the same, in which case they should give a verdict for his client. While the Learned Sergeant was making his defence, Mr. Hutchinson, who was engaged with him, employed himself in comparing the record with the pamphlet, and ho discovered se veral material errors. After some discussion, the LORD CHIEF JUSTICE decided, that the two first counts of the declaration must be thrown aside relating to the poetical part of the alleged libel ous publication. Therefore, the only remaining question would be, as to the nature of the annexed frontispiece. The LOAD CHIEF Jesricz, in charging the jury, observed, that they must now confine themselves to the picture, which he had no hesitation in was a libel, inasmuch as the plaintiff was represented in a ridiculous light. Ridicule, in some in stances, was good, where it confined itself to attacks on absurdity alone ; but when a man was held up to public ridicule it was a libel, and in many instances might be the means of doing much injury to the individual, and of rendering wretched a whole fa mily. His Lordship concluded by saying, that this picture ap peared to him to be a libel on the plaintiff, who was therefore entitled to recover damages, to what amount it would be for the jury to say. The Jury consulted a short time, when the Foreman inquired of his Lordship what sum would carry costs. His Lordship re plied, that any sum would carry casts. The Jury continued to deliberate a short time, and then returned a verdict for the de fendants, expressing it as their opinion that the pamphlet did not contain any libel on the plaintiff. His Lonnstur expressed much surprise, and inquired if they were unanimous. They replied, they were perfectly so. His Lordship then said he would take their,verdict, observing that they had done no kind act for the plaintiff, and he was sorry they had so tampered with their consciences. While leaving the Court, his Lordship remarked to Mr. Ser geant Wilde that Sheriff's officers did not appear to be popular in Westminster. After the trial of this cause, end .after his Lordship had left the Court, a Reporter for a Morning Paper obtained from the de fendant's attorney one of the pamphlets, in which the alleged libel was contained, and was proceeding to copy it, when the plaintiff 's attorney, Mr. Charles Lewis, came to him and insisted on his immediately giving it to him. The Reporter replied that he .had received it from the defendant's attorney, to whom he con sidered himself bound to return it, and who had given him his address for that purpose. Mr. Lewis, however, said that the pamphlet was his, and persisted in his demand of its being given up. This was of course refused, when Mr. Lewis snatched up the note-book belonging to the Reporter, and which contained the notes he bad taken of the trial; and surrounded by a party of other Jews, fell upon him and wrested the pamphlet out of his hands by main strength, not thinking proper however to return the notes which they had taken. COURT OF EXCHEQUER, FEB. 21. LIBEL.-PRICE v. CH,P3IAII. Mr. WaLrox, in the absence of Mr. Starkie, who was along with him, opened the pleadings, and stated the case.—This was an action brought by Mr. Price, a barrster, to recover compensa tion in damages for the injury which he had sustained in his re putation, in consequence of a false and scandalous libel having been published respecting him, in a weekly newspaper, called The Sunday Times, of which the defendant was proprietor and publisher. The learned counsel then read the libel as follows, from a number of The Sunday Times, of March 12, under the head of " Odds and Ends." " Mr. Price, the barrister, was charged at Bow-street, on Friday last, with indecent behaviour towards two females in Mai den-lane. He was discharged with a hint at the vagrant act, and a caution." The learned counsel commented on the enormity of this libel, and called on the jury to make ample reparation to the plaintiff, for such a wanton attack on his character. Lea rt r i n r ed ß F a rie u nd f , A h 3 e l answer to this action ; if he thought so , he ough t to hav e de baddressedserved , te stated Jur y that rnurred, but having neglected to do so, this was not the stage for such an objection. If Mr. Price had suffered in his reputation from the publication complained o f, he (Mr. Brou gham) was sorry for it ; but the defendant was not to blame if be gave a fair ac count of what took place. If, on the contrary, it was an exagge rated or perverted account, ,he would admit that the plaintiff was entitled to a verdict. He could not, however, pass over in silence that the publication took place in March —that this action was not instituted until November—and that Mr. Price bad already recovered ample damages from the proprietor of another paper, for any injury whi , •! , rTutatlon !”; :; 1.4. hp.re The LORD Ciller BARON briefly summed up. That the pub- , licat . .on in question, he observed, was a libel there could be no doubt; but with this they had nothing to do,. on account of the point on which issue was joined. 'The only point for their consi deration was, whether or not this was a fair account of what took plain at a police office. His Lordship here commented on the evi dence, and on the publication, and told the Jury, that if they be lieved it a fair report, they should give their verdict fur the de fendants. The Jury retired for half au hour, and brought in a verdict for the plaintiff—Damages, Is. SALE OF HIS ROYAL HIGHNESS THE DUKE OF YORK'S PROPERTY. The first day's sale of the late Duke of York's property, by order of his executors, yesterday took place at Mr. Christie's Rams, King-street, St. James's-square. The articles submitted to auction consisted of exceedingly fine Saxon damask linen, of beautiful and rich patterns; also a quantity of Irish and Scotch damask, of very fine quality and exquisite patterns. The whole of the property contained in the catalogue, which will occupy until Saturday in selling, Mr. Christie assured the company was ei l id O i gahy 'l''ie yards 's a .1 e l on "— g . . . .8 98. d.O the genuine property of his late Royal g Lots. . A e sel re e a c l t s t ax he o f n ol d fo a s in vi as n : I ta ot b s l fr e- o e m loth th , 2. Ditto 8 16 0 5. Two dozen and a half of napkins 10 10 0 26. Three table-cloths, five wards 10ng... Q 0 9 6 27. Two dozen of large napkins l4 lii 0 30. A most beautiful Irish damask table-cloth, with the royal arms and orders in the pattern, and cipher at the corners (new), nine yards long 14 8 0 I. Two dozen and nine napkins, to correspond, with the crest and enliar of the garter in the pattern 19 8 0 (These last two-' - -.. - ere purchased by a Mr. Moor ) 45. -Three large Dutch diaper cloths (new) 46. Two ditto (new) 9 0 0 The rooms were filled with genteel company, and a good deal of opposition was manifested occasionally, to possess some of the an excellent price, compa red w ith its intrinsic value. most valuable lots, and even lin en .that had been much worn made The landlady of ail inti, in a village in Gloucester shire, had mixed np some arsenic with lard, for the purpose of poisoning rats, and placed the same in a pot,.which..she: put into the cupboard. On Sunday morning last, haying„occasjon for some lard to fry potatoes, she took the wrong pot, by which means four men who partook of the repast were taken violently ill ; medical aid being, however, promptly called in, their lives were saved, but they remain in a very languid state. POLICE INTELLIGENCE. MANSION-110USE.—Bail was yesterday given for the gooe behaviour of the Rev. Robert Taylor, charged with blasphemy.— The bailsmen are a potatoe dealer of Deptford and butcher of- Wa!worth. The Rev. Gentleman at first refused to comply.with the required terms, as they might prevent him from addressing.hix congregation upon the plea, that by so doing he departed , fronr good behaviour. The bail seemed also under great apprehen'- sion in this respect ; and the Lord Mayor informed him that if at any time previous to the prisoner taking his trial, he offended again in the manner charged against him, their recognizance* would be est reated. The trio then took their departure in the utmost dismay. CHARGE or EMBEZZLEMENT.....-• Owen. Rainier, who Ta;tely. a situation in the Post Office, was charged with en:beading a 51. note, contained in a letter. He was remanded for a creek at the request of his friends. MEETINGS OF CREDITORS. LONDON DlARY.—rathAr, Fre. kl.--(At the Court uf" Commiamionera, Basingh,all-street.) Babb, J., Oxft.rd, maltster-10 Bishop, Isle of Sheppy, farmer-10 • Brittaro, J., Lambeth, oilman-12 Cogger, 'l'., liaymarket, glassman-10 Colbeck, G., Hatton-tall, grocer-1 Dady, IL, Doregate-hill, carpenter-12' Dowding, C., Shadwell, Humphreys, J., Vauxhall, carpenter-.AO Joyner and co., Romford, bankers—J Matthews, A., jun., Chatham,. tailor—l I Peters, .1., Chelsea, victualler-11 Pope, W., St. John-street, tailor—ll Sborcy, J., Croydon, coal-merchant-11 . COUNTRY DIARY, SATURDAY, FEE, 24. Bee%ton, J., Mugginton—King's Arms, Derby-11 Blakey, T., Mould-gren—Sun, Bradford-11 Blyth, 31., Usk—Bush, Bristol-2 Bowker, T., Warrington—Nag's Head, Warrington—l2 Brarnall, J., Ashton—White Bear, Manchester-2 Cowper, J., Aloorside—White's, Manchester-10 Flint, IL, Paddington in Poulton—Nag's Head Inn, Warriug- ton-4, Illingwortb, A., Stockport—Rulkely Arms, Stockport—.3 Maud, W. and R., Andover—White Hart, Andover-1 • Power, J., Colyton—George, Axminster-12 Springll)rd, J., Warminster—Bath Arms, Warminster-11 Steele, T., Disley—Star ' Manchester--.-22 Wilkinson and Mitchell, Keighley, Yorkshire—Sun lan, Brad. ford-12 INSOLVENTS APPLYING TO BE DISCHARGED. Petitions to be heard at Portugal-attict, FEB. 26, AT tciNr. Betts, IL, Tothill-fields, bookseller Broughton, G., Walworth, shopkeeper Crabtree, T., Ovenden, stone-merchant Crawley, J., Newgate-market, butcher Cutts, H., Salford, draper Daggers, 'W., Liverpool, attorney Fenton, J., Hanky, grocer Gwinn, J., Hertford, clerk Hart, J., Albemarle, gent. Holding, T., New Bond-street, artificial florist Jobling, J., Brixton, clerk - Dodder, S., Lambeth, labourer Martin, T., Hoxton, Carpenter Marshall, It., Batley, near Leads, clothier Marshall, R., Batley, drysalter .sNlt7lrti:n% Chelse a, 3lahes te; i , do S w table-kee,ror, Nolty, P., Winchester, surgeon Poore, IL, Richmond, painter Revell, F., Walworth, corn-merchant Singleton, G., Richmond, paper-hanger COUNTRY.—At the Court-house, at Wehtiel 4 , Feb. 2-1., at Ten o'clock. Farmer, J., Thornton, atone-delver Marsden, J., Saddlewortb, auctioneer Otley, S., Sheffield, tailor Smith, W., Halifax, card-maker Stead, D. and J., Bradford, stonemasons Stephenson, J., Halifax, cordwairv?r Swale, T., Knaresborough, carrier Wright, G., Bilton, tailor At the Court-house, Brecon, fel). .at Ta". Lawrence, J., Brecon, horse-dealer At the Guildhall, Carmarthen, Feb. 27, *A Ten. Harries, D., Carmarthen,' labourer Lewis, W., Carmarthen, - miller Watson, J., Carmarthen, farmer Williams, H., St. Peter's, wheelwright Williams, D., St. Peter's, merch an t At the Court-house, at Kingaton-upon-Hull, reinttery 21', at TZvelre. Barkbouse, R., Kingston, apprai.er Blakey, W., Kingston, flax-dresser Dixon, A., Kingston, baker Everingbam, W., Kingston, cabinet-make• Holdstock, H., Kingston, painter Linley, T., Horses, labourer W a lli s , W. fissile, Paris-white-manufacturer 'HE MARKETS, C d. 33 6 Heaton —S7 0 Flebburn Main— SEI 0 Killingworth —,. 31 1 Licidell'i Main-- 28 6 Percy 31 0 Tanfleld Moor-- :4 0 'est Main 80 0 )AL MARKET...-Feb. s. d 33 0 W. E. Beneham— . 3l 6 W. E. Burraton... 36 7 NV. E. Hrda— 34 W. E. Northumb. 36 6 W. E. Riddell's 37 6 Tantield Trader 32 6 Lambton Brasil...._ 19 0 I. d. Stow.. n Fawcett 33 a LainbtonPrirnrvaefis 0 Noshes Main--. 33 P Walls End Hetbon 2S W. E. Lambton ... Walls End Lyons WI W. E. Stewart's— S 8 S shi p , a t m ar k e t; 'lBN—Vhip3 sold. LIVERPOOL CORN EXCHANGF..—fth.2o. Though the winds have continued chiefly from the eastward, the supply has been more than sufficient for the wants of the trade. Wheat has gone off slowly, and scarcely maintained late rates, whilst the demand for Oats has somewhat improved. Eng lish Earley lias also net a tolerably free sale. Penns, Pease, and Rye, in consequence of the expiration of the p e ij e d a l lowe d foe a:!raisrion :rf foreiwl, have I;een lip reque - t, and r 7era l coo .. siderable parcels of the two former articles haying changed h an d l , they are now held at an advance of Is. to per quarter.—. N o transactions have transpired in Bonded Wheat or Bailer. Flour still meets a fair sale for export. Wheat, English, per Scotch —lrish (red) ------- ---- Ditto (white— -- Foreign (free) Foreign (in bond) Canada (free) • on,. Oats, English and Scotch Irish Barley, Malting, per Imp. qr. --- -- Grinding, per 601bs. Beans, Enlriil,ish, per Imp. qr. ---- _ Flour, Amer., sweet, (bond), per 141 ditto, free------ - English, fine, per 2Solbs. Irish, ditto Oatmeal, English, per 240ibs. Irish _ Malt, per Imp. quarter ----.--- Pease, English white, per Imp. Qrs. Qrs. Qrs. Qrs. Q rs. Wheat. Oats. r rie o 3 7 ' for .Ry,..ea th n e .. 10,774 92,490 4,130 33.5 ()I.D. NaW. 9. d. a . tl. s. d. d. 0 0a 0 0 0. O a 9 0 Oa 0 0 B 3a 10 O 0 a 0 0 7 10 a 0 0 a 0 0 8 0 a 0 0a 0 0 8 3a 09a0 0 4 4 a 0 0 a 0 0 8 8 a OCa 0 0 4 4a 1 4 8a 4 1 4 1 a 7 O 0 a 0 0 41 0.4 0 O 0 a 0 0 5 4• 10 O 0a 0 0 bit 0a 60 0 O 0a 0 0 50 0 a 311 O Oa 0 0 40 oaso 0 O 0a 9 0 VI 0a 97 O 0 a 0 0 0 0 a 0 0 O 0 a 0 0 31 0a 38 0 oa 0 43 0a 47 0 On— B 4S 0 a 44 0 _ 0 40 0 a4l 0 0a 0 36 0a 40 0 Oa— 0 44 oxo7 - o. 0 54 0a 60 0 0a 0 40 0.43 I reebc ending Feb. 19. IPeale. I Oatrnl.l Flaw. Qr.. Loads. Barret' 63 4,347 1,343 COTTON WOOL—GLASGOW. The sales during the week amounted to '798 bales. 19 Sea Islands 13 Stained Ditto 8;3 floweds 127 Orleans 192 Egyptians 24 Grenada 7d. a —d. 103 Surats Nd-A e BIRTHS. On the 17th inst., at Tunbridgo Wells, the wife of ThOs..Pe repine Courtenay, Esq., M.P., of a daughter. On the 19th inst., in Broad-street -buildings, the lady of Ro bert Cotesworth, Esq., of a son. DIED. On the 20th inst., in the 11()yal Terrace, Ade/phi, E m ily Ca. therine Bethune, the infant daughter of H. Leggatt, Esq. On the 16th init., Henrietta Hanbury, the surviving daughter of Capel Hanhury, E-sq., formerly of Pontypool Pnrk, in' Mon mouthshire, at Hillingdon, in Middlesex, aged 78 "years. On the 14th (26th) of January, et St. Petershurgh, Eleanor Isabella, second daughter of Henry Middleton, Esq., Envoy Ex traordinary from the United States of America. printed and Published by M. YOUNG, at th. s u p_o rnti4 No. 114, STRAYD.