The Sun. — London, England, 1833-12-03 00:00:00

COURT OF KING'S BENCH, DEC. 2. THE KING V. WILLIAM JOHN EANKES, ESQ., M.T., AND JAMES FLOWER. (Concluded from The Sun of yesterday.) At half-past one o'clock Sir JAMES SCARLETT rose to reply.ant: delivered one of the most able and eloquent speecoes ever addressed to a Jury. Mr. KELLY. on the part of Flower, the soldier, offered a few observations. Mr. Thomas Montgomery, Mr. S. Rogers, Mr. H. Barikes (father), George Read (a servant), Mr. G. Bankes (brother), Mr. D. Hughes, the Duke of Welling.on, Lord Fitzroy Somerset; Mr. Smedley, the Deputy High Bailiff of 'Westminster ; Dr. But ler, Master of Harrow School; Dr. Chambers, the physician ; Lord Burghersh, Mr. Knight, the Earl of Ripon, the Earl of Caledon, the Rev. H. Jones, Sir E. Kerrison, Mr. W. S. Rowe; Mr. Harcourt, M.P. for Gloucester; Dr. Beanie, Master of Hert ford College, Lord Brownlow, Captain Yoike, M.P. for Cambridge; Mr. Clive, Mr. Bond; Mr. Gordon, M.P. for Cricklade; Mr. Harris, one of the Com missioners of the Insolvent Debtor's Court; Mr. Dundas; Mr. H"nry Alexande r , the barrister ; Lord Gage, Mr. Beckett; Capt. Peach, late M.P. for Truro; the Hon. Mr. Best, Mr. Arbuthnot, Lord C ,, wley, Lord Brecknock, Sir C. Grant, Professor Smyth of Cambridge, H. Beechey, Esq., Mr. Alex ander, Lord Stuart de Rothsay, Mr. Bayley, the Rev. Mr. Picard, Mr. Dominick Browne, M.P., and many other witnesses of the highest respect ability, deposed in the strongest terms, and from long and intimate acquaintance with Mr. B inkes, to the excellence of his character, and the general pro priety of his deportment. William Goul—Knew Parker, who went to Ame rica. He had some words with another, and asked the witness to go with him to the London Docks rind get him a ship, as he was determined to go. On the night the charge was made against Mr. Bankes, the witness had taken a ship for him. He took a passage for him on board the Amity. William Ladd, a shipping clerk, proved that a berth was taken for Parker before June. William Smith, the charterer of the Amity, said several passengers were taken out. Four ptiunds four shillings and sixpence were paid for the passage of Parker. This was before the Ist of June. Mr. Faulkner, attorney for Mr. Bankes, first dis covered that Parker had taken his passage for Ame rica in November. The witness went to the Quarter Sessions, arid endeavoured to stop him. The Attorney's clerk went to the ports to stop the Amity and take out the witness, but could not overtake her. Several witnesses deposed to the general good character of the defendant Flower, and to circum stances respecting him which rendered the offence highly improbable. The SOLICITOR-GENERAL, at twenty minutes to seven, addressed the Jury in reply. The LORD CHIEF JUSTICE then summed up the evidence, and the Jury, after consulting together about twelve minutes, returned a verdict of Not Guilty. The Foreman, Colonel Astell, added— " I am further directed by the Jury to declare their unanimous opinion that the defendants leave this Court without the least stain upon their characters from this trial." Some applause in the body of the Court followed the delivery of this verdict. COURT OF EXCHEQUER, DEC. 2. LIBEL ON MR. lIUNT.--lIUNT V. AGER. This case being called on, and the Jury sworn, Mr. Hunt, who had previously taken up his posi tion in the seat allo!ted to King's Counsel, rose up and addressed the Court and Jury to the following effect : " May it please your Lordship and Gentlemen of the July—This is an action commenced by myself against John Ager, Patrick Grant, and John Bell ; against Ager, as printer; and against Grant and Bell, as proprietors of the True Sun, for a libel. It is my misfortune to have been in this Court once before, relative to an action of a similar tendency; but I now appear under such peculiar circumstances that I hope I shall be allowed to differ from the course I adopted on the former occasion, and enter a little more at length into the motives of the par ties, which I feel my duty to my country, my family, and myself, calls on me to do. Gentlemen, this libel, which is contained in three counts—why the lawyers will tell you—charges the defendants with a malicious intention to do me an injury. Before I proceed further, I will read you the libel complained of. It is in the True Sun of December 18, 1832. Riot at Preston.—(From the Liverpool Cou rier.) —It appeals that Hunt, the late Member, pointed to Counsellor Sag,ar in the mob, and said, That is the black sheep.' The mob fell upon and murdered him. In the affray Hunt had his nose cut off."—(Great laughter in Court.) I have heard a similar laugh to that before, but those who now laugh, if their noses were cut off, would laugh on the wrong side of their mouths.—(Renewed laugh ter.) The paragraph goes on thus The Co roner's inquest has brought in a verdict of wilful murder' against Hunt, and he is in custody-- Fudge !" Now, Gentlemen, when I, in the first instance, state to you that this is a falsehood from beginning to end, that no such extract appeared in the Liverpool Courier; that the whole is a perfect falsehood; that in point of fact it was manufactured at the True Sun office, you will doubtless be sur prised at the defence which will be set up. I have a witness here who will produce the files of the Liver pool Courier for weeks before the transaction. I will put these files into the hands of the Counsel for the defendants, and if they can find the paragraph, or anything like it, I will consent to withdraw this action and pay the costs. My appearance in my own proper person will at least convince you that one part of the libel is untrue, and that my nose still remains on my face.—(A laugh.) If any attempt should be made to increase the laugh against me on this subject, I ask you to look on the face of that eloquent and Learned Counsel (turning to Mr. Hutnfrey, whose features are large, and whose nose is somewhat prominent), and in the midst of his elo quence on this subject, just imagine what a pretty figure he would cut if somebody would only cut the nose off his face.—(Laughter.) I hope no attempt will be made to turn this part of the case into ridi cub. A libel is inserted against me in a public newspaper, in which I am charged with having ex cited a mob to commit a murder—it is said that a minder was committed—a coroner's inquest held on the body—a vetdic: brought in against me, and I myself committed to gaol to be tried for a capital offence. If ever there was a malignant slander, surety this is one. lam accused of the highest crime known to the law, and if I were found guilty, I should have but very few hours allowed me before I expiated my offence upon the gallows. This is no electioneering squib. It is downright malignant slander. It may be asked ashy I have proceeded agains t the present defendants, after having obtained damages on former actions, which might be deemed sufficient to satisfy the attacks on my character ? I had instructed my attorney to settle this action if any reasonable apology hed been offered, but no such offer was made. Nay, I was even urged by one of the most eminent men at this bar, to file a criminal information against the parties, because he conceived the libel too atrocious to be satisfied by an action for damages. But I have always hi rnented that such a mode of proceeding on actions of libel should ever have existed, and I certainly never will proceed i n any way without giving the defendants an opportu nity of juitifying their conduct. The efforts made by the public press have, no doubt, made an im pression on the minds of the public, and I dare say of the Jury, in opposition to the law of libel. We know horn the public papers that Lord Durham has been filing criminal informations, and that the present Ministers, the Whigs, who have been the loudest in their abuse of the law of libel, have fol lowed it up with as much virulence as those who preceded them ; and no doubt you have been told in addition, that Hunt, the Radical, has also to en advantage of the very law of libel against which he has so often declaimed. I understand that two defences are intended to be set up to this action : fir t, that the libel is too absurd and preposterous for any person to believe it to be true; and se condly, it is to be urged that the addition of the single word " Fudge" is a justification. I under stand that the parties say their only object in in serting the paragraph in their paper, was for the purpose of giving it an unqualified contradiction. It is certainly strange that persons inclined to act so friendly a part should not make use of a better word than " fudge" for the purpose. They might as well have written " Finis," or "Figaro," or" Wag," or any other slang term, which the papers now-a days select for titles. It is to be contended that the word " fudge" means " false." Why there is no such word to be found in the English language. 6tie author alone has made use of it ( Dr. Goldsmith). But Dr. Johnson, who was living at the same time, has not noticed it. Nor is it to be found in the dictionaries of Walker, Bailey, Sheridan, Ainsworth, and others of established reputation. It is only to be found in the large and expensive edition of Johnson, by Todd, which costs four or five guineas. But if they wanted to contradict the statement, why make use of an equivocal word ? Why not follow the example of other respectable newspapers--The Morning Herald, for instance— no friend, no political advocate of mine, but an op ponent, which said that malevolent paragraphs had found their way into the newspapers, reflecting dis grace on their authors; amongst others, a cir cum itantial account of a murder given by an Even ing Paper, and expressed a hope that the authors of such calumnies would be severely punished. Why not, if there had been no malicious intention, have acted in a similar manner ? Or, if they must give ! the contradiction in a single word, why not have given it in an unequivocal word of the same number of letters, and have written " false," instead of " fudge ?" That would have been understood by everybody, But why, if friendly disposed, doll Id they have inserted it at all ? the Morning Chronicle did not insert it, the Times and the Herald did not insert it ; why not have imitated their example ? The fact is, they were enemies in disguise, they were pretended friends. They were wolves in sheeps' clothing; who, whilst they were trying to make part of their readers believe they were my friends, stabbed me in the back in the dark. Why ? Fudge 1 . If they are to get a verdict on that ground then the Lord Chief Baron on the Bench may be charged with the greatest crime in this world; and if " fudge" be added, the author of the libel will be exempt from punishment. Any crime may be charged against any of you. Suppose, for instance, one of you, a brewer, were charged with mixing poisonous ingredients in your beer—that by such poison you murdered your customers—that a coroner's inquest was held, and a verdict of wilful murder returned—. and that you were committed to prison to take your trial in consequence—l ask you, as tradesmen, as men of the world, whether you would consider the addition of the word " fudge," as a reparation or justification ? But I will show you there is no ground whatever for this pretence. I will read you an extract from the paper of the day before, where you will see as malignant, though not so cowardly a libel as this. When I brought the action against them, they said they gloried in what they had done; and that, if they applied the poison, they also ad ministered the stomach pump.—(A laugh.) God forbid that such ignorant quacks should ever be permitted to administer poison because they had a stomach pump in their possession, else I fear their patients will be like the man to whom another quack administered a pint of gin, and who died despite the stomach pump which they brought to his as sistance. Not only did they attack me en this occasion, but afterwards, in a most vindictive man ner, followed it up on the 16th January; they said, " Mr. Hunt has had much censure, but no word of praise from the True Sun, from its first column to its last." From the beginning to the end, indeed, there seems to be nothing but the most rancorous malice on the part of these people. One word more with regard to the word " fudge." Mr. Hunt then referred to the demurrer which had been argued in this cause, and contended that the de cision on demurrer decided the question that the addition of the word, fudge, did not take from the libellous effect of the paragraph. Now Todd's great dictionary was to be produced, which contained the word "fudge," but for which Johnson was riot an authority, though Goldsmith's " Vicar of Wake field" was. It was not, however, used there in the sense of false, because it was applied to several moral maxims, and there were several undoubted truths to which the word fudge was applied. If, gentle. men, you attend the theatres, you have probably seen a little farce called High Life below Stairs, which has been exhibited at the Surrey Theatre. The master being out of the way, the servants, trades men, and others, are assembled in the kitchen, enjoying themselves on their master's wines, when a learned discussion arises as to who wrote Shak speare's Plays. One said it was Pope, another Cibber, a third Addison, when at last the coachman got up, and silenced all the talkers, by declaring, in a tone of authority, that they were written, not by any of those gentlemen, but by one " Mr. Finis," for he had seen his name at the end of the book.— (Great laughter.) Now, Gentlemen, it is not at al unlikely that the people who came to such a co elusion are of the class of the readers of the True Sun; and if the former were in error, and did not know the meaning of the word " finis," which, though not in the English language, is nevertheless a word of common use, where is the improbability that the latter should not know the meaning of a word which is not to be found in any language at all ? If they meant to contradict the libel, the word should not have been such as to bear uny equivocal meaning. Gentlemen, I feel bound to detain you somewhat longer, and, in justice to the country, as well as myself, to tell you how it is that I am attacked by the True Sun. The True Sun professes—l say professes —to be a liberal, and sometimes an ultra Radical paper, and to he a great enemy of, and opponent to some of the measures of the present Government. By and bye, either through their not employing proper men to edit their paper, or other mismanagement, they find the True Sun is likely to set, and a public adver tisement is sent through the country, calling on the Radicals (and mind, I avow myself a Radical Re former, by which I mean a reform of all abuses which have crept into the State, radically) to come forward and support those who had supported their principles. A meeting of the working classes was held at the house of the True Sun, where they tried to get up a penny subscription, thus following the example of a great beggar in another country.—(A laugh.) They called the liberal party together, and two of them waited on me, and I said I would cer tainly go— The LORD CHIEF BARON-Mr. Hunt, you have no right to allude to parties who are not before the Court, and who are not present to defend them- selves. You have just alluded to some per son in another country. Mr. Hunt—l beg pardon, my Lord; but as that person has often taken liberties with me behind my back, I thought I might for once take the same li berty with him.—(Laughter.) However, I beg pardon. I attended the Committee, together with twenty or thirty other persons, and their object was to enable the proprietors of the True Sun to pay their debts and to carry on the paper. But five pounds only were subscribed, of which I gave one. They then wanted to try a penny subscription. I had no objection to this attempt, but in my imper tinence I thought it proper to inquire a little into the expenses of the establishment. I said, here I have come into a room with fine Turkey carpets, mahogany tables, rosewood chairs, morocco cushions, and everything in the most splendid style. This, as Radicals, is not what we have been accustomed to. I know something of newspaper offices, and I know this is not the case elsewhere. I have been into the Morning Chronicle office, end into the editor's room, where I have found Mr. Black in a small room filled with books, tables covered with papers, and half a dozen chairs not worth half a crown a piece.—(Much laughter.) I have also been in other offices, wherein I have found business and not elegance the main thing considered. Whereas, here there are rooms for Mr. Grant, and Mr. Ager, and Mr. Bell, and then a Mr. Wilkinson, a gentle men kept to keep accounts, of 2001. or 3001. a-year. —(A laugh.) Then there is Mr. Leigh Hunt, and last, though nor least, the Sub, Mr. Carpenter= Mr. HumFREY—My Lord, I submit that Mr. Hunt has no right to enter into these particulars— none of these parties are before the Court. The LORD CHIEF BARON—Certainly not ; it could not be admissible in evidence even if proved. Mr. Hunt—l will not pursue that course. My observation was, that ten thousand pennies from ten thousand starving workmen every week would not pay the salaries of that establishment, and that it ought to be reduced, as on other papers, to an editor, and a scissors man, to make up the paper. I said this with the very best intentions ; but from that time to this the proprietors and writers of the True Sun have made me the object of their repeated attacks. If you, gentlemen, by your verdict, should say that a libel, however atrocious, upon any man, however respectable, ceases to be a libel when the word fudge is appended to it, then you will destroy the liberty of the press, and sanction licentiousness such as has never taken place before. I care nothing for public attacks on my politics, nor for attempts to hold me up to ridicule, but when such an attack as this is made on me, I should be unworthy of possessing any character at all cbd I not complain of it. Mr. Hunt then proceeded to state the nature of the evidence which he in tended to call, and complained that threats had been held out to him that he would be blown out of that Court, and afterwards blown to hell in their newspapers —(A laugh.) At the eleventh moment, too, some one on behalf of the parties has proffered to make a most humiliating and disgraceful apology.. They offered to insert in their paper that they did not intend to injure my feelings or character, and that they inserted the paragraph solely for the pur pose of giving it the fullest contradiction. Gentle men, I knew this to be a barefaced falsehood, and therefore I would not listen to it. Gentlemen of the Jury, I do not seek vindictive damages at your hands, nor should I at this period have come into Court at all, but for the circumstances which I have stated to you. lam now cool on the subject, and had a proper apology been offered, I should have accepted it. But up to the latest moment the True Sun has pursued its attacks upon me, and whenever I have come before the public, it has misrepresented me in its reports. I know you will be told by the gentleman who is about to address you, that those who are loudest in their clamours for liberty of the press, are the first to take advantage of the law of libel for any attacks on themselves. This observation, how ever, cannot justly apply to me, for I might have filed a criminal information against the parties, or I might have come here for vindictive damages, which Ido not. I ask not for large damages, indeed if you gave them me, I should not get them.-- (Laughter.) Nominal damages, however, are as much as I wish for, or expect. I have already set tled with other proprietors of newspapers who had, unwittingly, inserted the libel, by referring the mat ter to two arbitrators, and thus coming to a satisfac tory senttement. Gentlemen, do riot suffer your selves to be persuaded that the word " fudge" takes the sting out of the libel. If so, any libel may be printed against any of you or your dearest relations. It may be said that your wife or your daughter was seen going into a brothel—fudge. That your house was burnt down, you set it on fire—that you were tried for arson, found guilty, and were about to be executed—fudge. If this is to be allowed, then farewell to the liberty of the press, and let the li centiousness of the press rule for ever. As some proof of the malicious intention of the parties, I will call your attention to the paper of the day be fore that when the libel was published. I bring this only to show intention; for I should have held my• self eternally disgraced had I commenced a prosecu tion on such a paragraph as that. This paragraph is signed not " Fudge," but " Spectator," from which paper it is extracted Cobbett is returned ! We do heartily rejoice at this. He is a Radical worth having. He will add fifty per cent. to the interest of the Session's debates. This is the man who ought to have been put into the House when that pour thing Hunt—(A laugh)—whom we are glad to see turned out —was put in. Hunt degraded the labouring classes, by his ignorance, and his base association with the Tories. If Cobbett should, in some of his fits of way wardness, imitate hind in the latter, he cannot in the former.—Spectator.' (Much laughter.) Now, whether Fudge, Figaro, Spectator, or the name of any other contemptible work be put to this paragraph, the insertion shows the malicious feeling which prevailed in the minds of the proprietors of the True Sun, the day before the libel appeared. That libel could have been inserted with no friendly intention, it did not appear in the paper from which they quoted, and I think I could show you, if I chose to go into it, that it must have been manu factured in their own office. They knew that a murder was a fine thing for a paper, and they doubt less thought that a murder instigated by me would bring them a great number of readers. I have my self heard a newspaper proprietor say, that the murder at Elstree put several hundred pounds into his pocket, and 1 know that, at a very slack time, the proprietor of a paper—a Leeds paper, asked the Editor whether he did not think it pos sible to get up a good murder.—. A laugh.) The Editor answered " Yes," and immediately sat down arid wrote a most horrid, long, and circumstantial description of a murder, which he called the Nor wich Tragedy. Four thousand or five thousand additional papers were sold in consequence. Such is the rage for the marvellous, that any thing like a murder is sure to sell the paper. The friends and relations of the persons resident at Norwich were kept in the greatest state of anxiety and alarm, till the next week, when the Editor said lie had been imposed upon, though the article had been entirely manufactured at his own office. Gentlemen, lam sure you will not refuse to give me a verdict, because you think my character as a Radical may be attacked with impunity; and I am convinced that, by your verdict, you will tell these gentlemen, that when they next insert a malicious libel, they must, if they wish to avoid an action for damages, give it some more unequivocal contradiction than the single word " fudge." Mr. Hunt then proceeded to call his witnes-es. Thomas Kimber, a tobacconist, produced the usu d proof of publication and proprietorship. Cross-examined by Mr. HUMFREY, who appeared fur the defendant A-er—Had been witness in the former actions brcnigkt by Mr. Hunt against the Globe and Liverpool Journal, in which he recovered damages. Mr. Benjamin Turner, clerk in the newspaper depart ment at the Stamp Office, produced the True Sun of the 17th and 18th December, 1832, and of the 14th and 16th Januiry, 1833. The libel was the❑ read, and the extract from the paper of the 17th. Witness also produced the files of the Liverpool Courier, from 18th December, 1832, to the commencement of that year. He had searched the file of the paper, and it did not contain the libel in question. Mr. Henry Hunt, jun., examined—Was in London in December, 1832 ; saw the paragraph in the True Sun, and in several other papers ; saw it in the True Sun after he saw it in other papers; on the 18th December witness received a letter from his father, by which he knew that the stitement was false; had first of all seen the paragraph ; before receiving the letter, he should have feared that some part of it was true ; believed it was i❑ the Evening Papers of the 17th that he first saw it. Cross-ex anined—Did not recollect seeing it in the Morning Papers ; the paragraphs were not the lime; could not tell wherein they differed, or that they differed in any material points, but they did differ ; saw the word " Fudge" added to the article in the True Sun. Disbelieved the paragraph, but then he had the advantage of having his father's letter; had his judgment been uninfluenced by that letter, might very probably have thought it true, notwithstanding the word "Fudge;" should have thought so because he should not have expected that the True,Sun would insert a lie; should not have understood "Fudge" to imply a contradiction; the word is too equivocal; can not state in what respect it is equivocal. Knows no de. cided meaning that ca❑ be given to it. It was equivocal as to the intentions of the parties. It struck him that it might have been added for the purpose of saving the parties from an action of :,libel. He, however, knew better. Knew it could not save them, because it was an equivocal word. Cannot give the sense in which it is steed, not being able to find it in any dictionary. Stinpnses it must mean "nonsense" or " all stuff."—(A laugh.) It might mean the name of a correspondent.—(Great laughter.) Could not find the word in any dictionary. Did not look into Goldsmith. Looked into Johnson and Walker. Saw the article in the Liverpool Journal. Cannot point out any difference between them. In substance they are the same. They both spoke of the murder, coroner's inquest, verdict of wilful murder, and committal for trial. Thomas Hart, clerk to Mr. Hunt, examined. [This witness created much risibility by the particular knawing look which he assumed.] Saw the libel in the True Sun, and in the Evening Papers. Saw the word " Fudge" at the end of it. Examined many dictionaries to find the word ; examined Walker, Johnson, 13ailry, a pocket edition of Johnson's, Boyer's, and many others Found it in no dictionary, except in a recent quarto edition of Johnson by Todd, who gives the word, and underlines a quotation from Goldsmith, as his authority. The LORD CHIEF BARON—The word occurrs very often in Goldsmi , h. Witness—Does not recollect the meaning of the word as given by Todd ; believed it is " non - sense." or some thing- of the kind. Occasionally read the True Sun. Attended a public meeting at which Mr. Hunt was present. Attended a public meeting about the 15th of Janu try last, at Theohald's-road. The paper of the 16th of January was then put in for the purpose of reading the report of the meeting. At the suggestion of the COURT, however, Mr. Hunt only reed the tollnwing passage:— " Mr. Hunt then continued his address, which was received at intervals of about every twenty words with renewed cries of ' Fudge.'" Mr. Hunt—Tee libel itself was read to the meeting, after which some discussion ensued, and a gentleman of the name of Carpenter made a speech, to which I replied; and that is an account of my reply, and I wish to ask the witness whether it was true or telse. The Loan CHIEF BARON—Go on. Examination resumed—Witness was at the meeting : 1,500 or 2,000 persons were there. The cries of Fudge" did not proceed from above six or a dozen persons; it was not called at all from the body of the meeting; heard Mr. Carpenter first of all call out " Fudge," and some persons immediately about hint cried out also ; they appeared to be persons connected with the True Sun. By the COURT—Mr. Carpenter was the first, witness saw the words go out of his mouth.—(A laugh.) Cross-examined by Mr. lIUMFREY—You talk of ex pensive dictionaries and large quartos, pray did you ever look to Dr. Chalmer's cheap edition of Johnson, published about 1820? Witness —No. Mr. BUMFREY—Look at it ; do you find the word " Fudge" there ? Witness—Yes, it is here. Mr. HUMFREV—SO you find it in that ? Witness—Yes ; but I'll hand you half a dozen, in which I can't find it. Perhaps you'd like to look at mine ?—(Laughter.) Mr. HUMFREY—No, I thank you. Did you ever see Dyke's common School Dictionary ? Witness—No. Mr. HUMFREY--Why, where have you lived? What dictionary, pray, did you learn out of ? Witness—Why, I hardly know ; I think " Antick's" —(Roars of laughter.) Mr. Hunt—Upon my word you seem to be well ac quainted with lexicography. Witness—Why, when I learnt out of " dicksonnaries," didn't look particularly for it ; but I have looked in Ainsworth and five or six others, and could not find it. Now I have found it, I'll make a memorandum of it.— (Great laughter.) Mr. Hunt—Well, read Dr. Chalmer's meaning. Witness—Yes : " Fudge —an expression of the utmost contempt, usually bestowed on absurd and lying talkers. —Goldsmith." Witness had attended meetings of the working classes. Was aestutinted with that class. They might, perhaps, understand the meaning of the word " Fudge," but does not think that all would. Does not know whether they would take it for the name of a cor respondent. The LORD CHIEF BARON—That is too absurd. Every body knows the meaning of the word " Fudge," with out a dictionary. There are many other terms used in these days, which you will not find in dictionaries ; such as the word " Radical." which you will perhaps not find in any dictionary in the modern sense, and yet everybody knows the meaning of the term. Dr. Lipscombe examined—Has read the libel in the True Sun. Never applied himself to consider in what sense the word " fudge " was intended in that paper. Gave it no particular attention; because it is used by no accredited author except Goldsmith. Ic has only been introduced in the recent edition of Johnson, by Todd, published many years after Johnson's death, and without his authority. It is also in Chalmers'., and believes it is there taken from Todd. Has read the " Vicar of Wakefield," where the word is frequently used by Burchell. As it is there applied it is, in his opinion, intended to convey a ridicule, not on the words spoken, but on the parties speaking. Many moral truths are uttered which cannot he contradicted, and to them the word " fudge " is equally applied. Bad women, in the presence of Sir William Thornhill, are made to utter expressions which are per fectly true in themselves, but which, being inconsistent with the character of those who utter it, excite our con tempt, and not the indignation and disgust which we ought to feel at falsehood. Cross-examined—ls a doctor of medicine. Is an author ; not of a dictionary. Wrote a history of the county of Buckingham and several medical works. Mr. HUAIFREY then rose and address d the Jury for the defence to the following effect Lord, and Gentle• men of the Jury, I stand before you as Counsel for the defendant, John Ager, Mr. Grant defending in person, and Mr. Bell also, but he is unfortunately absent, in con sequence of a severe accident. Perhaps, Gentlemen, you have frequently , attended Courts of Justice, but not being so familiar with them as my brethren of the bar, you might have taken some of Mr. Hunt's prefatory ohserva dons as true. He has told you that it is his misfortune to have been here once before on a similar case. His mis fortune ! Why, Gentlemen, it is the very happiness of his life—the glory of his existence. Now that, as the Spec tutor says, Cobbett is in for Preston, and Hunt is out, there is no place where he can have the happiness of making a speech, that is, with the hope of being listened to, except in a Court of Justice.—(A laugh.) Mr. Hunt—l beg to set the Learned Counsel right ; Mr. Cobbett is not in for Preston. Mr. HUMFREY—That's true; but the sting is, that Hunt's out—(Laughter)—and he has now no other place where he has the opportunity ofdoing what he pompously calls justice to himself, his country, and kis friends, says a court of justice, because you hear, that even in the assemblies of the working classes, of which lie was ones so bright an ornament, the people assembled meet his observations not witk acclamation, but with " fudge, fudge." Here he has an opportunity of using any lan guage he thinks proper, and of giving to the public a pure and—as he would say of his blacking—(Great laughter) —an unadulterated account of the observations which spring from the inmost recesses of his heart. Mr. Hunt says the defendants wanted to use the stomach pump to him. Gentlemen, I don't know that the stomach pump would be of any service in curing hint of that desire of talking which amounts almost to a disease, and which, to use a sort of medical phrase, might be called by his friend, Dr. Lipscombe, a determination of words to the mouth. --(Roars of laughter.) This is a disease which cannot be cured by the stomach pump. In other places, cer tainly, something may be found to stop his mouth ; but that cannot be done here, unless, indeed, your verdict should have the effect of preventing it for the future. (The Learned Counsel here read the libel.) Now, what, I ask, can you consider the meaning of " fudge," as it is there used, save that the whole statement is stuff, non sense, and a parcel of lies? That is the pure meaning of the word. One of the witnesses said, it might be under stood to mean a correspondent of the paper, but such an assertion was too absurd to "require notice. Why, the article itself is, at the beginning, said to be taken from a correspondent from the Liverpool Courser. Sup pose the contradiction had been put in other and fitter words, as Mr. Hunt acid. Suppose they said they did not believe it, would it then have been a libel ? C erta i nly not; and why should it be more a libel when the contra diction is given in a single emphatic synonynie? This takes all the sting out of the libel. As a stronger proof that Mr. Hunt came here only to hear hi mse lf speak, he himself asks only for nominal damages. He, himself, the judge in his own case, rates the grievance only at the high sum of one farthing. Way should your time and his be wasted on so trifling an action ? What is to become of his writings, his blacking, and Dr. Lipscombe's physic whilst he is labouring here in order to gain at your hands this precious, invaluable farthing ?_(A laugh.) Why, if Mr. Hunt has, amongst his other rare collections, one of coins, and if he should be so lucky as ta get this farthing., it will, doubtles:, .he treasured up there and handed do Nil to his children and children's children as the farthing for which he brots;lit this tremendous action—....as the farthing for which witnesses upon witnesses and news papers upon newspapers were brought here to-day ; and I have no doubt, that of all the old coins for which enor mous sums are given, this rare farthing will be by far the most valuable. But, Gentlemen of the Jury, rich as Mr. Hunt is, he is not rich enough to have so expensive a propensity as this. You know that when a gentleman was applied to for the purpose of interfering between two ladies who had quarrelled, before he would undertake the delicate task, he inquired to what eettemi ties they had gone ;—imputation on each other's virtue were not of much moment, but he particularly inquired if they had called each other ugly, and being answered in the negative, said, then they can be reconciled--a woman will p srdon every thine but that. To apply the story, it seemed that the True San bad proceeded to that extre• na i, y against Mr. Hunt which he never would forgive. They certainly had not called him ugly, but they had called him ignorant—they said that Cobhett might imitate him in his base association with the Tories, hut that Cobhett never could imitate him in his ignorance.—(A laugh.) Now this is the never to he forgiven crime which was the true secret of the present action. On the meaning of the libel, gentlemen, you have had witnesses produced to you who are versed in dictionaries, one particularly who had searched " Antick" through, and could not find " fudge." I have certainly looked at many dictionaries in my life, but never met with " Antick's." It woi then complained that the word was not to be found in Johnsen ; why I might just as well be told that this sovereign is net good, because no such coin existed in the days of Magna Charta. There is a word written by Mr. Hunt fre quently, of which I will read you the meaning given by Johnson. The meaning is "primitive, original, itn planted by nature, serving to origination." This w o rd is "Radical," a nd w h en it i s said that Mr. Hunt is a R idi c 41, I think it would very much puzzle a lexicographer to make out what Mr. Hunt really was by the defini ion I have just read. " Primitive"—certainly there is nothing very primitive about him ; " orieinal" he may be— (Leughter)—" implanted by nature"—that won't do at all ; serving to origination"—th e t, by a forced construe tien, may apply, and certainly Mr. Hunt, in this Court at least, serves to origination of actions.—(Great Laughter.) Still what is meant by a Radical could never be nivined without applying to some more modern autho rity. Then it was said, that the word was only to be found in larg • and expensive books. Why I have pro duced two small and cheap editions in which the meaning of the word is given ; and if Mr. Hart hail looked into those, instead of searching "Antick's"—(Laughter.) Mr. Hart—( Very angrily)—l do not say Antick's; I meant Ainsworth's. Mr. HUMFILEY—WeII, Ainsworth's let it be ; but as the Bristol men are said to sleep with one eye open, this witness reads with one eye shut, and contrived to keep that eye shut on the very easy books of reference in which the word is contained. The explanation is very clear, and perfectly decisive of the question of libel. " Fudge, an expression of the utmost contempt, usually bestowed on absurd and lying talkers." If Dr. Chalmers had been adverted to, or Dr. Goldsmith, one of the most classical and correct of English writers, there would have been no difficulty in understanding the expression. I have the hook before me, and yet, strange to say, Dr. Lipscombe says the word does mean here false or absurd. Dr. Lipscombe (apparently in a great passion)—My Lord, claim the protection of the Court. It certainly is false or absurd in the disjunctive, but not false alone, for it is applied only to moral truth. I claim protection; I won't be made absurd by any Counsel. (This declara tion of the wrathful Doctor produced much merriment in Court.) Mr. ilumrßEv—l hope Dr. Lipscombe won't he so angry; I'll read you a passage or two by way of example, and then leave it to Lady Blarney, Miss Carolina Wil lielmina Amelia Skeggs, and Dr. Lipscombe, to decide the meaning of the word,—(Renewed laughter.) The first passage which illustrates Dr. Lipsconehe's moral truth is this : " Lady Blarney was particularly attentive to Olivia ; Miss Carolina Wilhelmina Amelia Skeggs (I love to give the whole name) took a greater fancy to her sister. They supported the conversation between themselves, while my daughters sat silent, admiring their exalted breeding. But as every reader, however beggarly himself, is fond of high• lived dialogues, with anecdotes of Lords, Ladies, and Knights of the Garter, I must beg leave to give him the concluding part of the present conversation." All that I know of the matter," cried Mrs. Skeggs, 4 is this, that it may be true, or it may not be true; but this I can assure your Ladyship, that the whole rout was in amaze; bis Lordship turned all manner of colours my Lady fell into a swoon ; but Sir Tornkyn, thawing his sword, swore he was hers to the last drop of his blood." —(Great laughter ) On this Sir William Thornhill cries " Fudge," and this is one of Dr. Lipscombe's great moral truths. Now for another— " Well," replied our Peeress, " this I can say, that the Duche,s never told me a syllable of the m itter, and I be lieve her Grace would keep nothing a secret from me. This yuu may depend on as a fact, that the next morning my Lord Doke cried out three times to his valet de chain- bre, Jernignao Jernignan ! Jernignan ! bring me my garters."—(Roars of laughter, in which his Lordship joined most heartily.) And to this great moral truth, Sir William Thornhill has the impudence to cry " Fudge" also. This triple call for garters is certainly rather new in the list of moral truths.—(Dr. Lipscombe—l did not say so.) Well, not quarrel with you, but, as I said before, I'll leave it to Lady Blarney, Miss Skeggs, and Dr. Lipscombe, to deride whether the word means falsehood or absurdity, and whether this is the way in which philosophers usually in culcate grave moral truths. The Learned Counsel then concluded one of the most witty and bumourous addresses we nave for some time heard in a Court of Justice, by calling on the Jury to repudiate the attempt to make this paragraph a libel, and to observe how impossib!e it was, upon the plaintiff's own showing, that he could have sus tained an t damage by its insertion. Mr. Grant addressed a few words to the Jury, and said that at so late an hour, and after the address just deli vered, it would be improper for him to trespiss further on the time of the Court or Jury. Lord LYNDHURST told the Jury that it was a question entirely fur their consideration. This was an action for compensation for the injury which the plaintiff sustained by this particular publication. He had instituted two other actions before for the same lib l and had verdicts notwithstanding which, if this was a libel, he was enti tled to compensation for the injury which he sustained thereby. With respect it was admitted on the other side, that if fudge had been left out it would be a libel; but the real question was, with what motive was it published ; if with an intent to injure the plaintiff, he was entitled to a verdict; if, on the contrary, it was to vindicate his character, the de fendants were entitled to a verdict, for this action could not be sustained. They had nothing to do with what the plaintiff said about the demurrer; when it came before the Court they said it was a proper questiun for a Jury. Mr. Hunt said that he would show that this paragraph was invented by the defendants, and that it never appeared in the Liverpool Courier, but if it did not appear in that paper it appeared in the Liverpool Journal, and a mistake in the title of the paper should nor. lead to the conclusion that the object was to injure Mr. Hunt. If the object was to throw discredit on the statement the defen dants were entitled to a verdict, but if their object was to injure the plai❑ iff he was entitled to a verdict, and he asked for no more than nominal damages. The Jury, having deliberated for a few minutes, returned a verdict for the plaintiff—Damages, Oae Farthing. At the annual general meeting of the Go ' vernors of the Royal Dispensary for Diseases of the Ear, held on Thursday, it appeared that since its establishment 1,520 patients had been cured or relieved, including seve ral cases of deaf and dumb. A vote of thanks was after wards passed to Mr. Curtis, the surgeon and founder of the institution, for his humane and skilful attention to the patients; and it was resolved that a gold medal be presented to that gentleman at the next anniversary dinner. THE REGISTRATION SHILLING.—Mr. Jar vie and a deputation from the Board of Guardians appeared before the magistrates at Chester, and stated that they had been requested to make application to compel Mr. Johnson, late overseer of St. Oswald's parish, to give up to the Board the sum of 2/. ss. 6d., which he re t tined in his hands, for the purpose, as he said, of remu nerating him for his trouble and loss of time in registering the names of freemen and county voters in his parish last year. Mr. Johnson, in reply, said there must be some thing invidious in dragging him under the notice of the public in this way, when there were individuals belonging to other parishes who were in office that retained sums of money to themselves in the same manner that he had thine, and they were not noticed. The town clerk said all over• seers were bound to pay the registration shilling into the hands of the parties authorized to receive the poor rates; and, according to the 76th clause of the Reform Act, it they neglected so to do they were liable to a penalty ty 5001. Neither overseers nor assistant overseers could re tain any of the moneys so collected for their trouble ; but the parishes, in vestry, could make them an allowance it they thought proper. Mr. Johnson, on hearing this, paid down the amount.— Chester Chronicle. LONDON MARKETS. PRICE OF BREAD. thi The highest price of Bread in the Metropolis is 934d..0f lib. Loaf. There are others who sell from 34d. to 134 d. be lo that price. PRICE OF SEEDS.-Dec. 2. New Englisn Zed Clover Seed (per Cwt,) -s. 60s. fine 675. I . l `' 60S. Old Ditto Ditto -s. 506. fine ... 4 . .. ........ -.S. -s fine ---5. New Foreign Ditto ...S. Old Ditto ••••••••••••••./...../...W.l, e , / -s. .' . .6 • fin e.-s . „.„.. New White Clover - .................. 60s. fibs , fine 688. 0 1: Old Ditto Ditto ... . ~ ,s . -a, fine --s. ‘ ,4% . ew Trefoil .. - 225. • - kis. fine -5.. - .+4. Jld Ditto Rib Grass . - -s. -s. fine -s. Foreign Ditto English Carraway Seed. ' _ -s. -s. 84s. fine bo"'„, -s. 83 3 fine V"' Voriander - ' ' '....-.:-....-...--s. lls. fine -s. St. Foin (per Quarter).................. 445. 458. fine 4.90. 1i,,, 11.. ji. Rye Grass -s. -s• new 40.5.. ,- "' ..0 , Pacey Ditto .....---- -s. -s. new ..-4. Linseed, for feeding Ditto, for crushing- _ -- -8. ties. fine -.s. at ..- 545. 58s. --s. fine-' IN Canary Seed, New -s. -s. 64s fi ne . ' 'itto Old -.. -s. -s. -s. fine' . White Mustard Seed-(per 8u5he1).....- -s. 12s. I3s. fine-7 Brown Ditto .., -- -0. 17s. 18s. lint --": 'furnip Seeds, Rounds .-- -s. - s , 18s. fine 9 ur, Green and Red Ditto ........--„. - -s. -s. 18s. fine 9.' Fares, Old. 4s. Pd. fine 46. g. Ditto New_ ...; Fia-eSeed, English, fine (per Last) 25/. 241....-,, Foreign 241,2>" Pit It Es OP HOPS.—Dee. 2. New Kent Pockets (per cwt.) 31 Os. 61. Os. to 61. 104 Choice — 7 l. 81. Os to 91. OL East 71. Os. IV. to 81. OL Choice 9/. 10s. 0/. Os. to 101 04 New S , =sex Pockets 51. ~ s . 01. Os. to 5/. 101. Superfine Ditto Cu.f Os 01. Os. to 6/. OS Far ,, ham (fine) III. Its. 0/. Os to 121. 121. Ditto (seconds) lul Os 0/ Os to 111. Os• The Hop Duty is estimated at 156,000/. PRICE OF OIL. Rape Oil, brown .........-371. Os. Refined .........f39 0 Linseed Oil ..—...... ..—...... -ss- °" a ig Linseed Oil Cake at the Hill, per thousand .................... IJ ttai , e Cake, per ton . 5 I° PRICE OF POTATOES.—Dec. 2. Os. to 31. !Os, per ton. Middling Os. to 2/. ss. ditto. Marsh Champions - 4/. Os. to 41. 10s. ditto. Scotch Reds., 3/. 10s. to 41. Os. ditto. Chats .0/. Os. to 21. Os. ditto. WWI ErHAPEL HAY MARKET.—Nov. 30. Hay Od. to 84s. Od. Clover 751 (hi. to 955. Od. 245. Od. to ',As. Od PRICES OF Per lb. cl. tod. Butts, Eng1i5h.,,,,„,,, 15 25 1 Ditto, Foreign 13 21 Dressing Hides 12 15 Ditto . 14 17 Ditto, light Clop Hides, light...—. 12 14 Ditto 40 to 501 b 13 17 oitto LEATHER. Per lb. d. to d. English Horse Hides.. 14 tg Spanish Ditto 16 w Per dozen. Calf Skins.. 30 to 401 b. 13 95 „ Ditto 40 to 601 b. 18 21 Ditto 70 to 901 b. 20 9 1 . Small Seals. Greenland 16 l'"• Large ditto— ,12 16 RICE OF RAW FAT, per stone of 81b. Price of Tallow (as stated by the Tallow Alelters)....—„.., 2s. 10d. PRICE OF TALLOV Down Tallow 48s. Od, Yellow Itussia—.--- 48s. Od. White—, s. Od. Soap Ditto Od. Melted Stuff.---.. 375. Od. Ditto,`lls.Od. PRICE 01 fhe price of Store Candles, in tl Candles. per doz. 7s. Od. to Ss. Od COAL MAR Per Ton. g. d. kdair's 16 3 East 16 0 Graham's Main 15 0 Hebburn Maui l7 fi H. , lywell . 16 3 Ord's Redhogh...,_.„,„, 15 6 Pontop 17 0 Shipcote l4 9 18 0 13 5 West Hartley Wylam 17 (i Walls End Bell & Brown 17 9 Walls End 17 0 Ditto Chirton—..—..— 15 0 %V •lls End Carr and Co. 16 6 W.E. Clarke and Co. 16 6 Walls End Hilda— 18 0 Ships arrived since I SOAP, &c. per 1121 b. Yellow Soap, Od. Mottled 7os. Od. White 72s Od• Graves 14;.04 , Good Dregs W; - . i. CANDLES. le retail shops, is as follows: I Moulds, per d0zen,......95. tid K ET. —Dec. 2. Per Ton. s. d. Walls End Hotspur-- 17 6 Walls End Killingworth 18 „ 5 Walls End Newmarch..... 17 ditto Northumberland 17 9 Walls End Perkins 17 O Walls End Riddell's 19 0 Walls End Walker 18 Eden Main 16 ° Lambton's Primrose 18 0 Walls End Hetton '2l Walls End Lambton 21 0 Dixon's Butterknowl—. 17 0 Walls End Butterknowl 19 Walls End G0rd0n.....—... 19 0 W. E. South Durham.. 19 ?, Walls End Tees , 19 " Hartley 15 6 Cowpen . 15 st market-day, 15. MEETINGS OF CREDITORS AT THE COURT, BASINGHALL-STREET. (From the London Gazette.) TO-MORROW, DEC. 3. M. E. Stringer, victualler, Commercial Tavern, Poplar lat 1 - - DIVIDENDS. st. R. Stevens, victualler, Newgate-street at If 3 H. H. Arderae, cabinet-maker, Southwark 1 T. Thompson, merchant, Chamomile-street 2 W. Oaks, coppersmith, Houndsditch 3 G. R. Tempany, tailor, Holles-street, Cavendish-square l2 R. H. Brown, hackney-coach-master; Vauxhall.walk l'2 ATTEMPT TO ASSASSINATE.-It gives U 5 no small pai❑ to have to state that an attempt, which happily proved abortive, was made this morning on the life of our worthy fellow-townsman, Mr. Egerton Smith. About ten o'clock a gentleman was shown into the editor', room at the Mercury (Bee; Mr. Smith and Mr. M'Queen were in it at the time, but at the request of Mr. Smith, Mr. M'Queen retired. Tee stranger then, to Mr. Smith's reat surprise, deliberately fastened the latch of the door, and began to tail: in a very strange and incoherent man ner. He described himself as the gentleman who had re cently advertised in the Mercury and other papers for a wife, and be had come to complain of what he considered personal allusions of an offensive nature to him in sundry paragraphs in the last Mercury. Mr. Smith protested that he had never seen him before, and that no allusion whatever had been made to him in his paper. This con versation lasted about five minutes, when Mr. Smith's alarm was considerably excited by seeing the stock of a pistol protruding from his breast. While preparing to resist any attack that might be made on him, the stranger drew another pistol from his inside pocket, and at that instant Mr. Smith closed on him. A struggle ensued, in which Mr. Smith used all his efforts to turn the pistols in such a direction as to prevent any injury to either of them in the event of any one of them going off. The noise occasioned by the struggle alarmed Mr. M'Queen and Mr. Langley, who were in the outer room, who, apprehending the worst consequences, very properly and promptly burst in the door and seized the assassin. As he is a strong athletic man, they had some difficulty in keeping him down, and on taking the pistols from him they were found to be loaded with powder and ball, and further prepared for fatal mischief by having percussion caps on. Officers having been sent for, the prisoner was carried before the sitting magistrates, his worship the mayor, and Peter Bourne, Esq., and Mr. Smith, accompanied by Mr. Ros coe, and other friends, attended. The prisoner, on being asked what he had to say, replied, " It's a lie ; what did I want with two pistols to shoot one man ?" His wanner and his agitation showed but too plainly that he was not in his right mind, and accordingly the magistrates ordered him to be remanded until Monday ; and two medical gen tlemen in the mean time to visit r•im : and inquiries to be made after his friends. The prisoner is a gentlemanly looking man, apparently about twenty.five years of age. Fie had written several strange and incoherent letters to Mr. Smith, of which no notice was taken. The prisoner is named De Bruin, and lodged in a house in South Myrtle str. •t. He is possessed of some property, and was a clerk in the office of Messrs. D. and T. Willis. He has not been very well for a week or two, and has not taken his meals regularly. Hie behaviour did not attract the par ticular attention, however, of the people with whom be lived, until this morning at breakfast.time, when he was cbserved loading his pistols. He did not eat any breakfast, and on going out said he should not perhaps be back that night.—Liverpool Chronicle. BIRTHS. On the Ist inst., in Upper Brook-street, Lady Louisa Finch, of a daughter. On the Ist inst., Mrs. Adams, of Finsbury-square, of a son. On the 2d inst., in Edward street, Portman-square, the lad/ of the Rev. Edward Bowlby, of a son. On the Ist inst., Mrs. William Robinson, of Park-terrace , Highbury, of a daughter. On the ‘2d inst., the lady of William Nash, Esq , of Clapham' common, of a son. MARRIED. On the Sth ult., the Rev. B. Lucas Cubitt, son of Georg Cubitt, Esq., of Catfield, Norfolk, to Emma, youngest daught er of Francis Holyoake, Esq., of Tettenhall, Staffordshire. DIED. On the 30th ult., at Ashurst Park, Kent, William Fow ler Jones, Esq., in his 75th year. On the 30th ult., at Great Ropers, Southweald, Essex, i 0 her 43d year, Henrietta Ann, wife of John Hirst, Esq. On the 2Sth ult., at Sevenoaks, aged 69, Averina Lotlo Warren, daughter of the late Edmund T. Warren Home, FAL On the 30th ult., at Forty hill, Enfield, Miss Farran, On the 27th ult., at Waliner, Kent, in her 17th year, O' b* Georgiana, youngest daughter of Sir Thomas and Lady gusta Baker. On the 15th ult., at the residence of his father-in-laW , d Willis, Esq , of Walcot.place, Lambeth, the Right Hon. Viscount Kingsland, Baron Torrey. On the 2d inst., aged 24, Eliza, wife of Marshall Turner' Esq., solicitor, Rochford. a 74 On the Ist inst., at Walworth. Mr. Joseph Clowes, ag e— i o 4 At her residence in the Vauxhall.roai, aged 72, Mary' , w of Mr. Robert Hawkins. 0 8, On the 30th ult., at his house at Chertsey, Surrey, a g e d Mr. Willia Newby, of Drury.lane, London. , 11. On the Ist inst., at Clapham.comnaon, the infant son of Barclay, Es 24 q. On the 4th ult., the Rev. J. M . Ri ce, o f the Royal Crescent' Brighton. PRINTED AND PU➢LI?HEDIBV MURDO YOUNu.- ;Srx Or;ies, 112, arttAND: ALT D t te Guild A Reign of D of 1 weat Bri Reso That tl Ronourab ‘ , l this Ci duet in I Played at the 1 lad for I ancient di That s Ilion will tio n o f charges, 1 that in al tXercise ( court, of ` U BN A LI lent to t ,) Ikl' the 1 !"1 the A tltne no Porte kinible. N.B. bon% fid P re be Nine ORD IN of Twei Thirty_ behind, of grou lad coa For the Ar of( .____ ny ord, Oa w One T' ORAL St. Pe large a replete Walled offices also v also si buildi eituat in Gt tpoa Th 'MI MI the ti 4nd e kppli, lind , ---...: G t ty ( goo , Ran atte for