The Sun. — London, England, 1822-04-22 00:00:00

.. A _ . . . ~ . L ovlzstorTr 7 - , ~....... , ._,....„...„, ,„...." . . . T I U N. . .. .. .. . . . ... fr z /' 1 , . L.-- e / . ''' ... r.- -3 ra, 2 '7l/ A -g-/-y 4-. .s. .. . . _ // . 2 c../ / ti- i-i . • . . . NUMBER 9253.] VIC TCAL L 1 NG- OFFICE, April 4, 1822. TUE COMMISSIONERS f or VICTUAL LING His MAJESTY'S NAVY do hereby pre No lice, Thai on Friday, the 261. d Instant, they will be ready e ° receive refuters in writing (ealed up), and treat for the S , ' PPIY of what FRESH BEEF may be required for, the use If 114 • Majesty's Ships and Vessels at the places under-men tio..,,-, , , L, from the date against each expressed, till the 3 tat De cember next, ri_t.:— • , e n . ... cance `4evicastle and Tinitionth Haven 7th June ' G ,uernsey and Jersey 7th ~c r een ocoh t _ o n . 7th & mph - 15th ?,alway • , --- ' 20th , 7 Belfast r • elfast, Carrickfergus, Larne Harbour, K., and lin ford Ha ve ..20th .. ver - • - .. Ist July 'Ntranraer and Loch Ryan .. ..... 23d -- tel th, Leith Roads, and the Firth of . „Edinburgh '') be paid for by Bills payable, without interest, sixty days rfer date. or The Conditions of the Contracts May he seen at this (Vice, „ ~u, l ' applying to the Postmasters at Guernsey and Jersey, the to the Collectors of His Majesty's Customs at . each of 4e other places. No regard will be had tb any Tender in which the Price ,'"Il nOt be inserted in words at length, or - that shall nt ; !letiv erc d t o the Board before One o'Cloch on the said rir laY, the 2tith Instant, nor unless the Pelson who makes Ih e Tender, or souse Person 'on his behalf', attends, to an twer when called for. 6 Each Tender must also he wecompanicd by a Leiter signed two responsible Persons, engaging to become bound with thye Party tendering, ix the Penal Sum of 500/. for the due PeTormance of each of the Contracts. ROYAL HOSPITAL, dIIELSEA, Arnrx. 9, 1822. E LORDS COMMISSIONERS for the A. AFFAIRS of this HOSPITAL do hereby give Notice, ‘at th e y are ready to treat with such Persons as may be willing t 0 CONTRACT CON'rRACT for SUPPLYING the HOSPITAL with ',PALS for the current year, consisting in the whole, or part " 9 1 the following descriptions, viz. • • illing,sworth, Helburn Main, Heaton Main, Bewioks, Bell's 'l Russel's Wallsends—about Five Hundred and Twenty alo more or less. ,Those Persons who may be inclined to furnish the said Coals, " .9e delivered at the Hospital and the Officers' Apartments 114 ' Offices therein, are desired to send their Proposals in g, at per Chaldron, including all maces, on on or before THURSDAY, the 25th instant,(marldng on the cover " Tender for Coals)" to the Secretary's Office, where further Particulars may be known, - or of the Steward of e - th • Hospital. EQUITABLE ASSURANCE OFFICE. AGENERAL COURT of this SOCIETY will hi holden here on THURSDAY, the 2d May next, at Eleven o'Clock precisely, fur the ELECTION of DIREC IORS for the Ensuing Year. wILLIANI MORGAN, Actuary. GAS LIGHT AND COKE COMPANY. London, April 15, 1822. NOTICE is hereby given, That the HALF YEARLY C;ENERAL COURT of the PROPRIE TORS of this COMPANY, , to be held pursuant to the Act of the 59th of his ,Late Majesty George the Third, will take Place on THURSDAY, the 2it 'day of May nest, At 'the CROWN and ANCHOR TAVERN, in the STRAND, in-the county of Middksex,atiEleven o'CiOck in the Forenoon. By Order of the Court of Directors, J. PEDDER, Secretary. . 1 ;• B.—The Chair will be taken at Twelve o'Clock pre- TCITY OF LONDON NATIONAL SCHOOLS. HE ANNUAL EXAMINATION of the CHILDREN MONDAY, the will be in the 29th C inst. ENTß at Two o AL SCI;10oc CloLk, , u tnte-str H eet, on efore His Royal Highness the Duke of York, the Lord Bi- London, &c.—After which, the Frien T ds of the Irfsti- Ironwill DINE at the CITY of LONDON AVERN. Royal Highness the Duke of YORK, K.G. in the Chair. STEWARIA. th e Lard Bishop of London ni ght H on . L or d Sid mo uth e c r i l ie ß st e e r r . the Dean of . Win- Ve nerable the Archdeacon of ' Colchester 1 4 . et• Earl Bulwer, D.D. --". Samuel Martin, M.A. g l % William Johnson s ! J IV. Lubbock, Bart.M.P. " r C. Flower, Bart. and Ald. Sir Gtorge amage, Bart. Pth 3 Uel Birch, Esq. Aid. 117 ' G arrett, Esq. Ald.Sc Sheriff ii t l•Venables,Esq.Ald.B4Sheriff 4`; P. Lucas, Esq. and Aid. s ° "II Pearse, Esq. M.P. t aionel Brasier, Esq. Bird, Esq. 4 ° `Lil Dixon, Esq. w. Drake, Esq. Robert Elliott, Esq. C. A. Ferguson, Esq. Charles Fisher, Esq. Stephen Gaselec, Esq. J. W. Goodwyn, Esq. John Griffin, Esq. Oliver Hatch, Esq. Charles Kaye, Esq. Zachary Langton, Esq. Frederick Mangles, Esq. Ambrose Moore, ig. W. L. Newman, Esq. Samuel Oliver, Esq. Samuel Paynter, Esq. Francis Paynter, Esq. Samuel Poynder, Esq. Samuel H. Sterry, Esq. Samuel Sweet, Esq. • James Super, Esq. Claude G. Thornton, Esq. W. Woodward, Esq. ix precisely. lc Stewards, Treasurer, Coro Dinner at 5 'glee, jicket Wild ls Secretary. s. to be had of ti ROBE Central Scbool, White-stree ;111' HESKETH, Secretary. t, April 20, 1822. TO BE SOLD BY AUCTION, H Y Mr. SOTHEBY, at his House, Wellington-Street, We , te rloo-Bridge, Strand, on FRIDAY, April 26, and 'Six f ollowing days (Sund a y e xce pt e d), a t T we lv e o 'Clo c k, lt , HE Valuable LIBRARY of the late W. i t ,.. PLUMER, Esq. of Chediston Hall, Suffolk ; contain , . fig' some Rare ITALIAN NOVELS and POETRY of the ir,"ecnth and Sixteenth C Gi enturies, particularly from : several tiitbe Collana Istoriea; English Poetry, General History, Qg'raphy, &c. 4 ',,1110ng other rare Articles will be found, Boccaccio 11 De ah...trone, mind Giunta, 1527, vera Edizione • Dante Opere, i t r l4l Aldum, 1502, printed on vellum: Barb erini: Poemata, i, printed on vellum ; Historia de Lancilotto di Lago, :41 8 ; Vera e Compita Relazione del Successor della Morte s o : 4 a Regina di - Scotia ; Pici Mirandulm de Geneseos, printed ii'rt e llum; Le Mairc de Beiges Illustrations de Gaule, &c. 4 i t Edition, 'Paris and Lyon, 1511-13; Ciceronis Opera, 7;1 Juntre 5 vol.; Victorii Comment. in Aristotelis Opera, M ° I.; Ear% of Surrey's Poems, First Edition ; Dugdale's I)?tlasticon by Stevens, 3 vol.; Purchas's Pilgrimage, 5 vol.; I,:gdale's Warwickshire, 2 vol. ; Harris's Kent, large paper; N e at.a Hibernia, beautiful impressi o ns of the portraits ; a,te's Annals Adamson'l of Esiza Muse's bet h. with the portrait Princ D e Jamesy of arcie br a ram ;, &c. pir_ro f be viewed, a n d C a t a l ogues (p r i ce I s .) t o b e h a d a t th e .......t!..e2 Sale. wI PO TWORMS, FITS, PAINS IN THE STOMACH, &c. ORIVIS are the Cause of many Internal Afflictions - , which vary so much in their effects that th e i q . }' may be m i s t a k en b y the most eminent Physician, an d i l °re e qually fatal to th e C ons tit u ti ons o f Ad u l ts an d Chil d!" ; t hough the latt er more ex t ens i ve l y su ff er from theirpai t hough ravages. Their moriLusual symptoms are Fits, n.. i the Stomach, Side, and Had, Loss of Appetite, and Tt e e, Languid, a n d E maciated, Aprkarrnce in the Patient.— 1:6 ex traordinary efficacy of CHING'S PATENT WORM i E NGES t in all such Complaints, as well as Obstructions OYt,,, i Bowels, and every Disorder where opening or cleansing sic is required, is so universally klown, and has been pub rltti'l E . l cknowledg e d by so many persons of distinction and Pe4;: ii n , S ... c 'e.letY; that it is unnecessary here to enlarge on their ~ . _ ! virtues. isizid in Boxes, at Is. I4d. and 2s. 9d. by Butlers, Chemists, th e ) Cheapside, St. Paul's, and 220, Regent-street, (near 4 .7, , 1 3 rule- room s,) London ; 20, Waterloo-place, Edinburgh, c;7e Sa ckville-street, Dublin ; and by the principal Medi ." .venders throughout the United Kingdom. NINE O'CLOCK TO-MORROW MORNING. CI CARROLL reminds the Public of the 'cull • present Rich State of the Wheel, which contains TWO PRIZES of ..C-20,000, And Twenty other Capitals ! 'l'be whole of which must be _Drawn TO-MORROW, being the Last and Only Day of Drawing. TICKETS and SHARES, warranted undrawn, are Selling at CARROLL'S truly fortunate Offices, 19, CORNHILL, and 26, OXFORD-STREET, where he has already Sold many Capital Prizes in the Present Lottery; and in the Last Lot tery, 11,486. r a Prize of £30,000 18,602 a Prize of £3,000 Were both Sold in Shares by CARROLL. PRICE SEVENPENCE. income. The cliarge respecting the shawls was represented as having a different meaning in each of three sets of counts— the first representing it as imputing a felonious receipt of stolen goods; the second describing it as conveying the impu tation of receiving goods obtained by false pretences ; and the last merely setting out the words, without alleging any specific meaning. The jury would decide whether either of the two first of these inuendoes could be supported. His Learned Friend certainly would be agreeably disappointed ; for he would have another opportunity of addressing them on evidence which would be adduced, and which would, he trusted, re duce the verdict to nominal damages. This was no case where the defendants had pierced the shades of private life to drag an individual into disgraceful notoriety ; but where they - had at tacked a person seeking the public attention, at a period when the public mind had been greatly infuriated and agitated, and when the plaintiff had personally. interfered in two inquests, while holding"an office essential to the public peace. How far his conduct on that occasion tended to sooth and tranquilize the national mind—whether his whole conduct or that of 'the de fendants was best calculated to sustain the ;%lonarchy.and the Constitution—was not now to be decided ; but it was material to obseire, - that-in that season of excitement and heat, the de fendants thought it right to call the public attention to those facts of which some evidence would be given to-day. The LORD CHIEF JysTrcE.—What is the initure of the evidence whiCh you propose to give, as it seems to me very pro bable that I shall entertain great doubts whether I ought to receive it ?, Mr.. Sergeant VAuGIIAN.—I submit that I have a right, under the general issue, to give evidence of any facts, short of a complete pstification, for the purpose of negativing the pre sumption of malice. The LORD CHIEF JUSTICE.—What authority have you that such evidence can be given ? Mr. Sergeant VAUGHAN.--A case which your Lordship remembers well—that of " The Earl of Leicester v. Walter." The LORD CHIEF JUSTICE.—That is a very different case from the present ; there evidence of rumours was admitted, to show that the plaintiff, having previously lost his character, had sustained no injury ; but here you propose to give in evi dence, not rumours, but facts. Mr: Sergeant VAUCHAN.—One of the charges here is, that the plaintiff sold contraband goods. This I cannot prove, nor am I at liberty to do so under the general issue. But sup posing I can show that he was charged with so doing ; that an information was filed against him; and that he submitted a memorial upon it, would not this be evidence to disprove the malice imputed to the defendants ? The LORD CHIEF JUSTICE.—But no part of the present action applies to this charge. I understood Mr. Scarlelt. to proceed only on the charges relative to the purcljase of the shawls and the perjury. Mr. SCARLETT said that his Lordship had understood him correctly. The reason why he had not proceeded on the impu tation respecting contraband goods was, that he thought it not sufficiently specific to sustain an action ; otherwise he should have laid it in due form, and have given that explanation which Mr. Waithman had offered on former occasions, and was anxious to render. Mr. Serjeant VAUGHAN then proceeded to argue the gene ral question. He referred to the case of Knobell v. Fuller, re ported in the appendix to Nlr. Sergeant Peake's Law Evidence, p. 94, which was an action brought by a servant of the Duke of Portland for a libel in the Morning Post charging him with being concerned with another in procuring money from the friends of persons convicted of capital offences, under pre tence of being able to obtain pardons through the influence of his master. In that case, evidence short of a justification was admitted by the Lord Chief«lustice Eyre in mitigation of da mages. The LORD CHIEF JUSTICE again pointed out the distinc don between rumours and facts. He thought the rule was not so laid down by any of the cases as to preclude the exercise of his own judgment, which was decidedly against the reception of the evidence proposed. Mr. Sergeant Vaughan must either tender his evidence, and then argue the point on a bill of ex ceptions, or lie might decline opening it, and move for a new trial. The latter course appearing to be preferred, his Lordship begged Mr. Sergeant Vaughan to state to him the substance of the evidence in question, but to do so privately, that the state ment might not operate to the prejudice of the defendants. A conversation in a tone inaudible in Court accordingly took place between the Learned Sergeant and his Lordship. The Lour) CHIEF JUSTICE then. invited Mr. Scarlett to hear what Mr. Sergeant Vaughan had pioposed to offer. Mr. SCARETT replied, that he had no desire to appear at all on the occasion. His client had come prepared to explain every action of his life which he thought might be brought into ques tion ; but he could not tell how to meet charges which were altogether unfounded. In this last point of view only could he feel anxious for the fate of his friend's proposal. This, however, ')i.e must say, that it would be a most bitter aggravation of the mischiefs of a libel, if its author might plead the general issue, and leave the plaintiff to suppose that: no evidence would be ad. duced, and then might come into Court with a mass of testi mony affecting the &aracter of his victim, and say—” True, I cannot justify the libel which I have published respecting you ; but if 1 had written another libel, I could have proved it." It was the common practice, if a party could not justify all, to justify a part of the libel ; and thus, whenever lie had fair gro!kid of mitigation, he might reduce the damages. The LORD CHIEF JUSTICE—I own I have always thought so, and I have never been satisfied with any of the cases cited. Mr. Sergeant VAUGHAN and Mr. PULLER argued that the plaintiff could not come unprepared, because he knew the cir cumstances to which the libel alluded—that the peculiar form of a'libel, founded in truth, might preclude the fbrmal justifi cation of any part of it ; and that it was most important in in quiring into the design of the defendant, 'to ascertain whether he had only mistaken real facts, or had invented an entire false , hood. The LORD CHIEF JuSTICE, however, rejected the evidence, leaving the Counsel for the defendants, if they should think fit, to move for a new trial. Mr. Sergeant VAUGIIA'N then. resumed his address to the Jury. He proceeded to comment on the first four counts of the declaration, and contended that on these the defendants were entitled to a verdict, as the statement respecting .the shawls could net fairly be construed to charge a felony. On the other counts, he admitted that a verdict must pass for the plaintiff: but the Jury, in estimating the damages, would consider that the libel did not arise from personal malice, but from the warmth of political zeal. They would remember that all intemperance was injustice. The would observe that no special damage to the plaintiff ' s trade, not even the loss of a customer, or of the sale of a shawl, was alleged in the pleadings, or proved in evi dence. They would feel disposed, under these circumstances, to deal leniently with the defendants, and would not lend them selves to resentments which no man was entitled to gratify, The LORD CHIEF JUSTICE, after directing the attention of the Jury to the two specific charges relied on by the plaintiff, observed, that it had been alleged that Mr. Waithman might have sought redress by a criminal information, or an indictment, rather than an action for damages. lie certainly might have taken either of those courses; hut, had he done so, it would have been said that he afforded no opportunity to the defend ants of proving the truth of their allegations, which he had done by the course he had chosen. Had he preferred an in dictment, it was by no means necessary that he should himself he examined as a witness on its trial. The defendants had not ac cepted the opportunity offered, of proving that their statements were true, and therefore they must be regarded as false. They had proposed to call evidence, indeed, as to alleged cir cumstances not specified in any plea; but this he had refused to admit for this plain reason—that it is incumbent on every man who comments on the character of another, to take care that he states no more than lie can prove. His Lordship then alluded to the first four counts of the declaration, and inti mated an opinion that the direct charge of felony specified in them was not sustained, and directed the Jury, •if they thought so, to find a verdict for the defendants upon them. But the charge respecting the purchase of the shawls was, as it stood by itself, a most grave one, deeply affecting the character of the plaintiff as a tradesrnah and a man of honesty. The other charge of perjury, though any one acquainted with the proceedings must at once perceive that it was false— for no oath ever was taken unless in case of an appeal, which the libel said had not been made—would appear very serious to persons unacquainted with the statute under which the tax was collected. The question of damages was peculiarly for the con sideration of the jury. He would only make one observation, which lie always offered when the nature of the injury might excite strong emotion—that they should consider the case with moderation and temper, anti suffer no party feeling or violent passion to influence their decision. The jury retired for nearly 50 minutes, and, on their return, gave their verdict for the defendants on the first four counts, and for the plaintiff on the residue—Damages 5001. o de -the )ei.ng con nong lick ; )we ; other Main's Ach in : mar to her cy for 3 per. ftted. nee of .n de. aught and her no ;ly re. eemed suffer settle to find Tidier ice, at it with t2rally Us. limey [receive Tecti've Tective pet Os. e. 40s Od , Mrs• e LadY Colonel Fes, Sir county Louisa, , in the, Esq., to. Esq., of v. John; 1., and ta, only r. Wm, rer, Mr. relict of milerset, dwards, ,e island L.l3lake, 1, in her nan, an twenty ndinary th ; and ;widen), e Svg-, LACON, A SECOND VOLUME. This Day was published, price 7s. T HE SECOND VOLUME of LACON, being the Completion of the Work. Also, the TWELFTH EDITION of the First Volume. Sold by Messrs. Longman & Co. and all other Booksellers. N. B.—As Lacon has g one through many Editions in Am e . rica, any Agent inclin e d to treat for the Second Volume may be consulted with, on application to the ,Author's Publisher. In the press, and speedily will be published, Dedicated, by permission, to her Royal Highness the Prin cess Augusta, THE NARRATIVE of a JOURNEY un dertaken,in the years 13,9, 1820,'!820, 1821, through FRANCE, ITALY, SAVOY, SWITZERLAND, parts of GERMANY bordering on the Rhine, HOLLAND, and the NETHERLANDS. By JAMES HOLMAN, R.N. and K.W. The above Work will comprise incidents that occurred to the Author, who has long since suffered a total deprivation of sight, with various points of information collected on his Tour. " Ccecus iter monstrare relit : tamen aspice si quid " Et'nos, quod cures proprium fecisse loquamur."—Hoe. LAW INTELLIGENCE. COURT OF KING'S BENCH, APRIL 20. THE JOHN BULL NEWSPAPER. 'WAITHMAN V. WEAVER, SHACKELL, ANV ARROWSMITH [Farther Particulars.] This case came on to be tried at half-past nine o'clock on Sa turday morning, before which time every part of the Court was crowded to excess. Messrs. Sc ARLETT, GURNEY, and CA mp- BE LL, appeared as Couns e l f or th e plaintiff . ; and Mr. Ser geant VAUGHAN, Mr. PULLER, and Mr. CHITTY, for the defendants. Mr. IVaithman sat during the trial among the Counsel without the Bar. Eight. special jurors answered to, their names, of whom one was excused by consent, and five common jurymen were sworn, on a tales being prayed for the plaintiff: . . Mr. CasIPBELL stated that this action was brought by Ro bert Waithman, Esq. to recover damages for two libels, pub lished by the defendants, in a newspaper called The John Bull, imputing to him that he had received stolen goods, and com mitted perjury. The defendants had pleaded that they were " not guilty." Mr. SCARLETT then proceeded to address the Jury. The plaintiff; Mr. Alderman Waithman, was, he said, too well known among them to require that he should, in that place, say any thing respecting his public or private character. The part which the plaintiff had taken in politics had necessarily exposed him to the' violent animosities of his opponents, and to free remarks on his conduct, of which, while they were con fined to his public life, he had no reason to complain. A lia bility to this species of observation was the price paid for ce lebrity, especially in a country divided into parties like this but such political hostility implied nothing base, nothing dis honourable, nothing ungenerous, nothing whica ought even to disturb individual friendship. But the attack for which Mr. Waithman now sought redress was not directed against his public character, but against his honour as a man, and his integrity as a tr a d es m a n. It h a d b een hi s good fortune, in a long life of blameless industry, to acquire a numerous class of friends, many of whom dif fered from him in political opinion,. but who yet were ever ready to bear testimony to his private virtues. The de fendants on the record also were not unknown to fame. It would be mere affectation in him (Mr. Scarlett) to pretend not to know that they enjoyed high eminence among those conduc tors of the press who regarded a traffic in libel as a source of honourable gain. Unhappily there was something in our na ture, apparently in its original cast, which even the best of men could not entirely subdue, disposing us to be gratified with an expOsure of the vices or follies of others; and thus, if a Newspaper be established on the principle of sparing none —of respecting no religious, no moral, no political feel ing—of attacking, right and left, the private characters of all men without remorse, it would meet with considerable success. The defendants boasted that they had succeeded so well in this infamous traffic, as to be able to pay any damages which the Jury might assess. Mr. Waithman came before them only as a private individual, as a tradesman who had for many years sustained an unblemished character, to know what compensa tion he should receive for the slanders of men to whom he had given no offence, who were excited by no provocation, but who had said that the appearance of any man in support of a public cause gave them a right to destroy his means of honest liveli hood, and to inflict the keenest agony on his mind. This was the morality of which they made open profession. Formerly the game of politics was regarded as a game of honour, into which it was thought base to introduce the private failings of an antagonist, and far more to invent them ; but now all sense of delicacy and justice was to be taken from it, and it was to give scope for every slander which malice could devise. If this became the general morality of the press, it must soon be destroyed, for its social relations could not long co-exist with its envenomed contests. The defendants thought fit to imagine, that Mr. Waithman, who then held the office of Sheriff of London, intended to offer himself as a candidate for the mayor alty—a design of which he was wholly unconscious, but which they thought sufficient to authorize any slander which might prevent his success. Was this to be palliated by the heats of political strife ? He (Mr. Scarlett) knew not how other men might feel, but he would take the liberty to express his own belief, that they who would thus employ the press, ought not to be estimated differently from the bravos who lent out their arms to assassinate, in the dark, those whom their paymasters marked out for their vengeance. He had read of such mon strous societies in other countries, though there were none in our own. In that celebrated novel " Don Quixote," two young men, earlyproficients in fraud, were represented as discovering., with astonishment, a society at Seville, organized on the most regular system, with its president, officers, and books of ac count, for gratifying the animosity of all who chose to deal with them, having a graduated scale of charge for every species of personal injury ; as, for example, so much for cutting off a nose, so much for a given number of kicks, so much for so many stabs of a poinard, so that each man might indulge his peculiar fancy. All the accounts were fairly balanced once a week with the customers, who, of course, concealed their names, and who yet had full opportunity of ascertaining that they were honestly dealt with, that the contract was fulfilled—that the blow, the thrust, the wound bargained for, had been justly inflicted.— Could such an association exist here, and the names of its meml?ers fae known, how would society rise to put down so MONDAY, APRIL 22, 1822. atrocious a combination, and every man in the rank of a gen,. tleman shun every one of its associates with horror ! Yet was there not some parallel in our own time to guilt like this ? Sup pose three or four individuals to associate—to open an office to receive information from all nameless slanderers, and to dole it out for the purposes of political vengeance—though they stab bed only the character and tortured only the heart, would not their offence be of a similar colouring ? But, unhappily, there was something in man's nature, gratified by the exhibition, which screened these dastardly offenders, and swelled their gains ; for the defendants boasted, that from 8,000 to 11,000 copies of their paper weekly circulated among men of all parties in the State. He would now inform them how he should bring home the charge of publication to .the defendants. In 1820, when the paper was projected, they all made affidavit at the Stamp-office that MT aver was its printer, and the other two its sole proprietors; and that it would be printed in Dyer's Build ings, Holborn. This last assertion was a falsehood, for it ne ver was printed in Dyer's Buildings, but in Johnson's-court, Fleet.:street. In February, 1821, the papet having acquired a disgraceful celebrity, and the parties becoming conscious of their danger, Weaver, a mere journeyriiiin till then; ventured to make affidavit that he was not only printer, but publisher and sole proprietor of the John Bull. Notwithstanding this affidavit, he would show, beyond all doubt, that Shackell and Arrowsmith retained an interest in the work—that they took an active part in all its concerns, paid the workmen, rented the hOuse, were combined in all its operation's, and that one of them Made a declaration, that his own share in the profits was 201. a week. He came now to lay the particular libels before them. In the paper of Sunday, the 9th, and Monday, the 10th Sep tember, 1821, the author thought fit to suppose a meeting of the Common Council assembled to investigate the clainis of Mr. Waithman to the Mayoralty, and that he was first exa mined by his friends, and then cross-examined by others. The whole assumed a ludicrous form ; but they would not suffer this to divert them from the malice beneath; they would en tertain no better opinion of the assassin, who can smile as he plunges the dagger into the heart of his victim,—who can ridi cule the agonies he inflicts, and invite admiration to the air of grace and felicity with which he pursues his murderous trade. Mr. Waithman had selected such passages only of this pretend ed dialogue as assailed his character as a man ; for lie would be the last person in the world to complain of the coarsest attacks made on his political career. They would perceive that, in such a libel, each of the contributors had his allotted part ; one furnished the raw materials, the second dressed it up in a light and attractive form ; and the three defendants then were ready to introduce it to the world. The examination began thus : " You are Sheriff of Middlesex, Mr. Waithman ?—I am. " And an Alderman ?—I am. " And a linen-draper ?—Yes. " You wish to be Lord Mayor next year ?—That is my pre sent intention. " You were once in Parliament, I believe ?—I was. " How comes it you are not in Parliament now ? I really cannot say. " On What are your pretensions to Mayoralty founded ? On my general conduct as a man and a tradesman ; my prin ciples as a son, a husband, and a friend ; my love of liberty, the purity of election, Magna Charta, and the Trial by Jury; my constant attention to the duties of my present office, my zeal for the rights of the people, my abhorrence of despotism, my hatred of military Government, all the acts of my political life, and, above all, my esteem for injured innocence. " Have you any other qualifications !—Some few more which I could not recapitulate without appearing vain. " Has any gentleman a wish to ask Mr. Waithman any questions ?—Several. " The members of the meeting proceeded to cross-examine the candidate. " You said you were a linen-draper, I believe ?—Yes, I think I did ; in fact I did say so. " A wholesale merchant, I conclude ?—No, not exactly ; a retail dealer. " What, am I to understand that you are the retail linen draper who sells contraband goods in Fleet-street ?--I am the Robert Waithman who sells shawls and Bandanas. " You buy them too, I believe, sometimes ?—lf I did not, I could not sell them. " lam not quite so sure of that, Sir. (A laugh). Pray, do you recollect two shawls which were sold by Messrs. John Cooper and Co., of Bond-street, for 95 guineas, to a man, for which he gave a draft that was not paid ; and do you recollect buying the shawls of this strange man the same evening, and paying him the next morning 50 guineas for them ; and do you not recollect that the matter was referred to arbitration, and that you were obliged to give the shawls back to Messrs. Cooper and Co. ?—I do not recollect any thing about it ; when did it take place ? • " Don't you remember, in the year 1808 P—l cannot charge my memory with any thing so far back." With this vague answer was the matter left until the next week, when the mock-examination was continued, and the sub ject of the shaws thus resumed. Mr. Waithman is supposed to be called in, and asked, " Have you any observation to make on your last examina tion ?—I would merely say that I do recollect the circum stances about Cooper's shawls, and that I saw the propriety of returning them, after the decision of Messrs. Moorhall and Kesteven. " You saw the propriety of returning them ?—I " But you withheld them, I believe 2—l did as long as I could, because the decision of the arbitrators was not written on stamped paper, as the act directs. " And you think there was nothing extraordinary in purchas ing two shawls for 50 guineas, at night, of a stranger?—No thing ?—I am by no means particular in such cases. " Did you know the shawls were worth more than 50 guineas when you bought them ?—I am not likely to have given more than they were worth. " Had you ever seen the shawls before ?—I cannot say. " Did you know that they were bought at Cooper's ?—How should I ? " Had you not sold one of them to Cooper a short time befoTe for 391.?—Why yes, I believe I did ; but I did not recollect it at the time. " Did not your young man in the shop say, This is one of Cooper's shawls' looking at one of those brought you for sale ? —He might. Irather think he did. " A nd - as you did not pay the man who brought them to you that night, did you send no message to Messrs. Cooper upon the subject ?—I did not. " Did you know the person who brought the shawls for sale? —I was quite convinced he was a respectable person, which quieted my apprehensions. " Oh ! you had some apprehensions ?—Why, if I had ap prehended the person _ " You would have done your duty, Mr. Sheriff: Do you know who the person was ?—I think I have-heard. " 'Was it not Roberts, who has since been tried at the Old Bailey, and who escaped from Cold Bath-fields House of Cor rection ?—lt might have been • but I trust this Committee will not suspect that I was personally acquainted with him at the time." Could any one doubt that the object of this was to represent that Mr. Waithman had bought shawls at a price far below their value from a notorious swindler, which he had especial reason to know could not have come into his hands by honest means, and under circumstances which would have justified the detention of the seller ? The plaintiff felt his honour deeply affected by the charge ; he called for inquiry ; he gave oppor tunity to his slanderers to prove the veracity of their assertions; and what did they then do ? They shrunk back from an inves tigation of the truth of the libel, and merely denied that they had published it. 'Was this a situation fitting for an English subject--the master of a family—after forty years of honour able exertion ! Was he to be circumstantially charged with receiving stolen goods, and then when he challenged inquiry, to find his libellers shrinking back and saying merely that they did not publish this : if they did, it was done without malice, and no damage had been sustained from a calumny which his family must feel to the latest moment of their lives. It was the greatest favour the defendants could have done him—the only reparation in their power—to justify and enable him to prove in the face of day that the calumnies were as false as they were foul. Were a man tamely to submit to such an imputa tion, even though he held no conspicuous situation, could he expect any person of honour to associate with one branded thus with fraud and felony ? But this was not all. The libel went on to make a distinct charge of perjury. Mr. Waithman was asked whether he did not return his income at 601. while carrying on his present trade, which he was represented as ad mitting amidst the laughter of the spectators. H e was then ask ed, " Did you not make that return on oath ?" and represented as replying in the affirmative. The LORD CHIEF JUSTICE here observed, that this could not be true, as the first return never was made on oath. Mr. SCARLETT assented ; and proceeded to read and com ment on the libel, which distinctly imputed to Mr. Waithman that, after making this statement on oath, he was surcharged 8001. per annum : that he never appealed ; but that he only paid the tax when compelled by process of law. There were many other questions and answers referring to subjects long ago satisfactorily explained to the world, but they were framed with so much ingenuity as not to forma. afe round of action. On these two distinct imputations of receiving stolen goods and of perjury, the plaintiff now sought compensation at their hands. He appealed with confidence to a British Jury, who would take nothing into consideration, but that one of them selves had been thus slanderell—that the circulation of the libel bad been most extensive—and that his public character (not otherwise of importance to-day) sent the wound deeper into his vitals. Had it been alleged of A, B, or C— of sonde indivi dual whose name was unknown beyond his own social circle— however painful the effect, it would be temporary, for the world would not know ivho was intended, and his friends would be sa tisfied with a private explanation, which would easily be given. But when the calumny was directed against an individual of hotoriety in the world—against a magistrate high in office, whose name was familiar to multitudes who where strangers to his person, the evil was incalculably greater. Under these cir cumstances, he appealed to their justice—to nothing else would he appeal—for damages as exemplary as ever were given in a case of libeL What would the feelings of one of themselves be, if, after 40 years of honourable toil, he had obtained a situa tion entitling him to become a candidate for civil distinctions— if he had uplifted his own name by his exertions in the eyes of his fellow-citizens—to find it made a mark for an attack of this kind, and his distinction employed to spread more widely a charge that he was a receiver of stolen goods, and stained with perjury and fraud ? With what feelings could he go back to his dwelling and look in the faces of his wife and children, con scious that he was branded as a perjurer and a felon, by a ca lumny extensive as the press ? What words could describe his feelings, if he should know, that, having sons grown up to manhood, they would be unable to go into any town in the kingdom, without seeing this imputation on their father, when no means of vindication were at hand ? This was not an ima ginary case ; one of the plaintiff's sons had actually gone into a public room at a watering-place, where he found this atrocious newspaper on the table, the theme of dis cussion, and retreated with bitterness and shame. Hap pily there was in this country a tribunal by which appro priate redress might be awarded for every degree of injury— happily,"indeed, he might well say—for without this there would be found some injuries which infirmity could never sustain.— That Being who made us reasonable, made us also resentful ; and how could a man thus calumniated, or his family, bear such a stigma unredressed—must they not wipe it out with blood ? In other countries, where no such tribunal existed, men thus sought their revenge ; and if here, Juries should be found averse to give ample damages for the deepest injuries, to what a condition would this Empire be reduced, under the con trol of passion instead of law ? If the appeal were not to our equals, to men of the same habits, station, and sympathies, but to the will of a suspected judge, we should soon be brought to that wild and fierce state of nature, in which every man would, be the judge and the avenger of his own wrongs. "I trust," exclaimed Mr. Scarlett, " that your verdict this day will be a salutary lesson ; that it will administer full consolation to the plaintiff; that it will sustain the majesty of the laws, and • im press on the heart of every British subject that he will find from the hands of a Jury that ample redress which he may not seek with his own. Whoever is the author of these elaborate calum nies—whether his Vile instruments will ever disclose his name, I know not ; but you will teach them, that if they lend them. selves to this abominable traffic, they must bear all its conse quences ; you will feel that no compassion is due to those who thus, in cold blood, assist in the circulation of libels for gain ; nay, that they are baser and more wretched even than theauthors, as the assassin who hires outhis arm for half-a-crown hasless ex cuse than his employer, who may have some human passion to ex cite him. I know my Learned Friend can have no evidence to offer, I have therefore fully addressed you now ; and I sit down leav ing the case with confidence in your hands, only admonishing the defendants, that if they dare again ,to publish falsehoods against the plaintiff, he will again meet them in this Court as often as they assail him, before juries ready to follow that ex „ample which you are about to set them." Mr. Charles Crepley produced three affidavits from the Stamp-office ; one dated Dec. 15,1820, made by all the defend. ants, and alleging that Weaver was printer, and the others pro- Drietors of the Joh n Bull, which they intend e d t o p rin t a t yer's-buildings ; one dated February 10, 1821, by Weaver only, deposing that he was printer, publisher, and sole proprie tor ; and one dated Feb. 24, also by Weaver, repeating the same statement; and adding that the paper would in future be printed in Johnson's-court. The witness, in answer to a question of Mr. Sergeant VauonArr, stated that when there was a change of proprietor ship, it was not necessary for the former prorrietors to join in the new affidavit, and that there was no other affidavit by Shackell or Arrowsmith than that of Dec. 15, 1820 ; on which Mr. SCARLETT said, " Oh, I'll concede to my Learned Friend that his clients would have made any affidavit which was necessary on the occasion." Mr. Hill deposed that he had been for 4 years and a half in hhe employ of Mr. Pontifex, an attorney, occupying the ground oor of the house, No. 9, Dyer's-buildings, Holborn, where Mr. Weaver came to reside about Christmas, 1820, but he had never seen or heard of any newspaper being printed or published on the premises. William Marsh was then examined by Mr. GURNEY. He had only stated that he was collector of the watch-rate and King's taxes in the parish of St. Dunstan's in the West, where Johnson's-court is situate, when Mr. Sergeant VAUGHAN in terposed and suid, that to save his Learned Friends trouble, he would admit the publication by all the defendants. Mr. Benjamin Bensley, a printer, was then called, and de posed, that he worked off two numbers of the Monday edition of the John Bull, in January, 1821, and that the paper was then printed in Johnson's-court. The LORD CHIEF JUSTICE.-1 do not see how this is ma terial, as the.correctness of the statement of the place of the publication is not material to the proof which the statute has supplied. _ - Mr. GURNEY.—It is a part of the whole system of disguise, my Lord. The witness proceeded to state, that Weaver had left his ser vice to go into that of Shackell and Arrowsmith. He was a reader to the paper—that is, one who corrects the proofs before the working off' of the impression. He remembered Shackell inquiring of him, in Jan. 1821, if he could recommend some one else in Weaver's place, as he was not satisfied with his ser vices. He remembered Shackell's once telling him that the profits of the paper were very considerable, but did not recol lect his saying that his own share was 201. or 301. a-week, nor that the witness ever expressed to Shackell his own indignation at any articles in the John Bull. The Monday edition was about 2000, but he could not say of how many the Sunday edi tion consisted. The passages charged as libellous were then read by Mr. ABBOTT, the Counsel for the defendants waving their right to have the whole of the articles read. A number of the paper of August, 1821, was also put in, containing an affidavit of "Weaver, that between 7,000 and 10,000 copies of the paper had been sold weekly in the preceding month. Mr. Sergeant VAUGHAN then addressed the Jury for the defendants. In rising to comment on the merits, or as Mr. Scarlett would say, the demerits of this notable cause, he felt no small anxiety for its issue. The parties on the record were well known to the public, who evidently took no small interest in the decision. Mr. Waithman, the'plaintiff, had long excited the attention of the world ; few persons had made more noise in their time ; he had acquired popularity, doubtless ; but whether of that kind which follows or which is pursued, he (Mr. Sergeant Vaughan) would not determine. Unquestion ably he had a right to come before a Jury for the vindication of his character, which was as much deserving of the protection of law as property or life. The defendants were engaged in a task of great delicacy,—a work of difficulty and danger ; but they would not shrink from the responsibility to which they were liable as the publishers of a public journal. There were other modes in which Mr. Waithman might have proceeded to vindi cate his character, besides this action for damages. He might, being then in the high office of Sheriff; have moved the Court of King's Bench for a criminal information, in which case he must in the first instance have purged himself by affi davit of all the charges implied in libel. He might also have preferred an indictment against the defendants, and thus have submitted himself to interrogatories in open Court re specting the whole of those transactions to which allusion had been made. He had pursued neither of these couises, and, as the defendants had put no justification on the- record, they could not now maintain the truth of their assertions. The libel, to which their attention would now be directed, contained three charges against the plaintiff—that he was a dealer in contra- band goods—that he received shawls under peculiar circum stances—and that he had committed perjury on his return of his bil W r 4 131S1-I has already Shared and Sold TWENTY-THREE Capitals in the present Lottery. TO-MORROW MORNING, AT NINE O'CLOCK, ALL MUST BE DRAWN. rip BISH / of the OLD STATE LOTTERY- • OFFICES, 4,Cornhill, and 9, Charing Cross, Lon don, calls the attention of his best Friends, the Public, to the present Rich State of the' Wheel, which contains TWO PRIZES OF £20,000 ! And 20 other Capitals of ,Cl,OOO, £5OO, &e. &c. All of which must be drawn TO-MORROW, when the Lottery will entirely finish. Tickets and Shares, Warranted'Undrawn, are on Sale at BISH's Offices in London, and by his Agents in the Country. Every Ticket—Every Share—Every Capital—and every other Prize must be drawn TO-MORROW. BISH'S Offices will be open until TWELVE o'clock THIS NIGHT. ssrs. with eftn- corn ng of oung Fr un ig d by. and vund meat. She tain'a r sub auced ow he r lose mtne•mmiaime (Ti Us. 3 Us. 2 Us.