The British Press; or, Morning Literary Advertiser.
London, England, 1819-07-06 00:00:00

*genet, and prevent the repetition of 'lmam foul
anti malignant &epoxied' in future. .
Anthony Meyler, tsq. ergs them called mid ex.
omMed.—He stated himself ro be a Doctor of Me-
dicine. He had known Mr. Hayes Mani, veers
since; he had lived in the same town, and gone to
the same school with him. Mr. Hayes was • frier,
and resided fur three years in the town of Wexford
after coaling from Rome, as • Catholic priest. and
iis the exercise of those functions which clergy-
men of that faith usually perform; be also acted as
teacher iii a school ; looks upon the lost appoint-
ment sie • mark of the approbation his character
sod conduct received;
charge against his moral character before that iu the
libel; knew that, from the wham, placed on him
by • large pert of the Irish nation, he had been de-
leyated to go on • public mission to Rome.
Cirms-e.mmixed.—Does not know whether Mr.
Hayes ever made his residence in this part of the
empire, or had ever visited it previously to his
journey to Rome. when he might have passed
through it. Sow Mr. Hayes yesterday; had been
Wired with • subpoena by his attorney • does not
know that he had another attorney engaged at first;
knows nothing of the Defendatu. Mr. Hayes in-
formed him he had brought an action for • libel
against him; on his honour did not hear that he
bad brought six different actions on that account;
got but one summons; has not been told to stay in
town on account of other actions. His fr.lings
nu
politics were so different from those of the
that of late he has not had much intercourse with
him ; has lived in England for three years.
Rt-eramised.—The emoluments of the Roman
Catholic Priesthood inn Ireland depend very much
on the character of the individuals. The office of
receiving confession, which they exercise. is one of
• most delicate nature. Nearly all the females of
that pursuasion go through that rite, and therefore
the slightest imputation on the reputation of a
priest is necessarily injurious to him, and, if believ-
ed, its consequence would be to deprive him of all
emoluments whatever. Could not speak with
any precision as to the amouut of the Plaintiff's
lucrime in Wexford.
Rte P. oendolphy eramined.—Witaess is •
Catholic Clergyman, was in Rome six months of thr.
time that the Plaintiff resided there. Never heard
the slightest imputation attached to his moral cha-
racter at that place. Believes the libel in question
to be absolutely false. most malicious, and totally
destructive of tbe character of any Catholic Clergy-
man whatever.
Crosperamitied.—Knows Mr. Hayes perfectly
well ; he never told him of any other action being
brought for this libel. Has heard nothing about
another action. Was summoned to attend, and
came from Worcester the day before yesterday.
By a Juryman—ls not simple adultery • crime
to be commuted in the Roman Catholic Church ?
...Witness ; to be commuted, I do not understand
you.
Q. Cannot it be commuted with penance ?
A. Certainly not.
Q. Nor with confession ?--A. No • confession is
a species of repentance. and cannot No;
the na-
ture of • clime that has been committed.
Q. Be so kind as to tell us what impeachment of
snort' character simple adultery is considered in
the Church of Rome I—A. There cannot be a
greater, I suppose—it is totally destructive of the
character of a Clergyman, so as to incapacitate
him front doing any good in his profession.
Mr. Wtxt.tans then addressed the Jury in
mitigation of damages. It had been observed that
the resentment of Priests was implacable; hen be...,
ever, should not stop to examine whether that pas
position was tree in the general. er its the part.
par. The friar Hayes was doubtless a scholar, awl
accordiugly he seemed to have drawn the grounds
of his action not from legal, bat from classical au.
'hors. He should beg leave to remind them. that
in ancient times, if a man fell in battles it was an
•.piuiou that his ghost wandered about, uneasy and
unsatisfied, till a number of living victims were
immolated to leis memory—and they would recol-
lect, that in the first epic poem its hero offered up
twelve captives to his slaughtered friend. in an-
/Alter, the hero, one of minor calibre, sacrificed
four. The friar Hayes took a middle course be.
tween both, and had resolved to offer up six book.
sellers to the manes of his injured and departed
character. The Learned Counsel then took a re-
view of the circumstances which had led to the mis-
sion of the Plaintiff to Rome—contended that the
alleged libel regarded his character solely and ex-
clusively at that place, and as a public delegate;
and that he had no right to expect that Ise alone.
of all public mews should escape the observation of
the press. He adverted to the style, manner, and
composition of the Paper in question, as affu;ding
evidence it was not intended as • malicious and

malignant libel on private character, but as a sew
Berate, temperate, and decorous statement of what
were believed to be facts. He argued that Mr.
Reynolds should not have been required to attempt
a justification to the action, which would have Un-
posed on him the expense of having a commission
appointed to examine evidence at Koine, when he was
hut one of a number of individuals who had fallen
into one of those dilemmas to which all booksellers
were exposed. Was a bookseller to be called on to
plead the truth of every thing published in the va-
rious newspapers of London, many of which were
sold at ilb shop before he was out of bed in the
morning ? and was his not doing so to turn out to
the ruin of himself and his family ? if such was the
state of the law, every man in such a perilous occu.
potion was a driveller if he did not shut up his shop,
'and go and work in a ditch.
• Mr. WILLIAM proceeded to expatiate, at great
length, on the hardships and grievances to which
news-vesiders would be subject, admitting the
force of such a rulei but was interrupted by
Mr. Pseasou, the Plaintiff's attorney, who
stated. that he had offered to renounce the prose.
cation, if the Defendant 'mild give up the en.
thor. •
Such an offer. continued Mr. WILLIAM% was
as immaterial and futile as if Mr. Pearson had said
41 catch me the new comet's tail." Whatever might
be the malignity of the libel, to the Defendant in this
case no part of that malignity war to be ascribed,
liiasinuCh as he had nothing in the world to do with
the publication. He was neither the printer, the
editor. nor the publisher of Tye Literary Joansal.
He was the mere vender, and. in common with
other bookseller...bed procured it from the pub.