The British Press; or, Morning Literary Advertiser.
London, England, 1826-10-21 00:00:00

LAIV INTELLIGENCE.

COURT OF KING'S BENCH, FRIDAY, OCT. 20.
London Remand Sittings offer Trinity Term.
LIBEL.
ROURKE r. WARREN ANT) OTHERS.
This was an action brought by the plaintiff, • police reporter for
some of the London journals, to recover from the defendants, who
are the publishers of the Courier evening paper, a compensation in,
damages toe an alleged libel of and concerning the plaintiff; pub.
fished by them in the Comfier newspaper.
Before this case was called on,
Mr. Ova* xv stated that there was another action for libels,
!Mlt by the same plaintiff against Mr. Clement, the proprietor
/Vernier: Cl/4rrniele and Ball's /Aft in London newspapers.
In the latter eau there were special pleas of justification as to the
truth of the libels. In the present case, which stood first in order
on the list, there was no plea of justification, and therefore lie
would tender to his Learned Friend, Mr. Scarlett, who conducted
the defence in both cases, the option of trying the action against
Mr. Clement first, if he chose. He would then have an opportu-
nity of proving the truth of the libels. if he could.
Mr. Sc AHLETT—I do not choose to accept of the option ; and
you will learn my reasons by-and-by.
Mr. GURNEY—Very well; if 1 had not given you the option, I
know very well what would have been said.
This case then proceeded.
Mr. GURNEY and Mr. PLATT were for the plaintiff. Mr.
SCA {MET T and Mr. F. POLLOCK appeared hOf the defence.
Mr. PLATT opened the pleadings. This was an action brought
by the plaintiff' for • libel published in the Courier, and imputing
to him the fabrication of a letter, purporting tote written by a
person of the name of Evans, 29, Northtimberland-street, and
addressed to Mr. Spilsbury, of Poland-street. requeoing him, fur
• due compensation, to let his apprentice, Charles Burton Lane,
go out of the country, he (Mr. Spilsbury) having previously entered
into recognizance* for the appearance of Lane at the ensuing West-
minster Sessions, to give evidence against John Grosse 3luirhead,
for an assault upon tote said Lane, with an intent to commit an un-
natural offence. The declaration contained a series of allegations,
detailing the circumstances which transpired, from the period when
the information was laid against Muirhead, up to the production, in
Marlborough-strett office, of the letter with the fabrication of
which the plaintiff was charged. To this declaration the defendants
pleaded the general issue, Not Guilty, whereupon issue was
joined.
Mr. GURNEY stated the plaintiff's case to the Jury. The com-
plaint which the present plaintiff this day made was, that the de-
fendants had, in their newspaper, published an imputation upon
him, that lie was the author of a letter written to the master of an I
apprentice, upon whom an assault, with intent to commit an un-'
natural offence, had been committed by a person named 3luithead,
who was afterwards tried for, and convicted of, that offence. The
facts of the cue were these. In the month of August in the last
year, a lad of the name of Charles Burton Lane went before a
Magisttate of Marlborough-street Police Office, and there made
I a charge against a person whose name was then unknown, of an
assault of the most indecent description. The person of the in-
dividual charged was, however, well known ; he was apprehended ;
his name turned out to be al uirliead, and after an examination at
Marlborough-street, ha was fully committed to take his trial for the
imputed offence. As Charles Burton Lane, the boy assaulted, was
both a minor and an apprentice, his master, Mr. Spilsbury, a re-
spectable tradesman in Poland-street, Oxford-street, was obliged to
enter into recognisances for the boy's appearance at the next ensu-
ing Middlesex Sessions, to prosecute the complaint. Very shortly
after this, Mr. Spilsbury received the following letter:—
" No. 29, Northumberland-street. Strand.
" Sin—From a very close intimacy, for more than fifty years.
with the unfortunate J. G. !Bullhead, Esq., I can most truly and
faithfully assure you that he is one of the best, most hospitable, and
benevolent men living. If really he is guilty of the indecencies
laid to his charge, I more pity than blame him. Ala. we are all,
even the best of us, poor, weak, imperfect creatures; and let him
who, laying his hand upon his heart, can say lam unconscious of
any secret sin,' throw the first stone at poor aluirhead. You, my
good Sir, have it in your power to perform a praiseworthy action,
by saving that poor infirm man, of 78 years of age, from shame;
your apprentice, the chief evidence against him, is in custody, and
your bail for his appearance on the day of trial is eighty pounds.
Now, good Sir, if by any means you can contrive to get him out of
custody. and let him enlist to go abroad, I willingly, as an old
friend of Mr. flluirhead's, take upon myself, not only to reimburse
you the eighty pounds, but to add five hundred pounds as a pre-
sent. As there is nothing unworthy a perfectly honest man in
what I propose, and which you may with perfect propriety accede
to, I shall expect your written answer; after which, should we
agree, I shall appoint an interview somewhere out of town, to avoid
being interrupte&
" Address to me as above. " fours, &e.
"Jo. EVANS, Sell.
" Mr. Spilsbury, 8, PolandAtreet, Broad-street,
Golden-square."
By some means or other, Charles Burton Lou., the boy, did af.
terwards leave his master's service ; but he was subsequently tippet-
liendial and brought up before a Magistrate, who committed him
for a month to Tothili-fields, for running away from his master,
and by that means he was secured from any further attempts to get
him out of the way. In point of fact, he was eventually brought
forwardinst this Illuirhead as a witness, and Muirhead Was con
against
rioted of the offence. It would appear, however, that Mr. Sidle.
bury, when he received the above letter, felt it his duty, as a man,
to go to Marlborough-street police-office, and there he gave it to
Mr. Roe, the Magistrate. It would seem, by the custom of our
Journals of the present day, that whatever passed at police offices
WY deemed fit subject for publication to the world ; and whether
the publications tha• appeared were libellous or not, publicity was
given to the proceedings before Magistrates in a manner not very
serviceable to the well-being of society. This system of printing
all that passed in police -offices led to a mischief of the most seriot's
kind ; because the Learned Counsel believed that malicious indivi.
duals, knowing the publicity that was always given to that which
passed before the Police Magistrates of the Metropolis, often pro-
terred charges against other indtvlduals, not with a view of their
being inquired into, but that the persons towards whom they bore
malice might appear in the public Newspapers as objects of general
ridicule or odium. It seemed that Mr. lismett, who was a re-
spectable solicitor, occupied the house in Northumberland.street
whence the above letter purported to come; but, unquestionably,
he was no party to it. Some inquiry was made upon the
subject, and the Jury would find that Mr. Harnett, and Mr. Ed-
monds, a reporter for the Morning Chronicle, were disposed to at-
tribute the authorship of the above letter to 111 r. Bourke, the plain-
tiff. Mt. Bourke was a gentleman Prom the sister kingdom. He
was a member of • respectable and opulent family in Ireland ; but,
with an honest independence., not choosing to bebome a burden
upon that family, he chose rather to be an assistant to the public
press in this great metropolis, whereby he was enibled by his
own talents and exertions to support himself as a gentleman. Mr.
obnoxious to Mr. Hargett, and he,
sent a letter to the.Magistretea of
*muting to Mr. Bourke the an.
L sr pretence of reporting the
office, the present defen-
to the Magistrates, all
an Mr. Eddionds charged
A ast letter. No name w in.
, • but stars were Introduced
fourke's name, and the Jury
a imputation was east against
defence to the present action
ids accused Mr. Bourke with
defendants bad not thought
Learned Counsel whised they
show that Mt. Boa**
tint be was ha s sea&
upon the most isematitetrade
by their plea, dhavowed aB
r merely pleaded the bruit of
that issue soh* tham, the
le almond of Elimemes that
i of this wilt, though rea.
to clesrthsplaintiff's re.

-.Anted by !Cir._ .ATT—Knows the plaintiff;
Mr. Bourke. In August and September last knows that he at-
tended at Marlborough-street, as reporter for the Times newspaper.
Thinks he still continues to do so. He was known there as the
Tinter reporter,
Cross-examined by Mr. ScanvETT.—Knows that
altbseseLlaintif
was a reporter for the Times, because he ( whams)) them
for the liforwiag Herald and British Press, sod Itssanes he has
seen him writing for the Times, and has seen the report se minim
in that paper on the following day. This letter was first pub lied
the Times: witness was the only reporter present at the time, and
took a copy of ft by consent of Mr. Conant, the Magistrate. Abe
copying the letter verbatim, he took it to the Public Ledger NM&
Saw Mr. Bourke in the evening, and pre it him. At the Peilie
Ledger office he got slips of the letter. which was soot by hha as
the different
preceded the letter. Witness and Mr. Bourke were
not exactly In partnership, but used to attend alternately at Marl.

Bourke, however had become obuoxiuus to
ttooggeether with lie. Edmonds, gent a lette
Marlborough-street police office, imputing
tbordsisr audio lane above read. L nder m
lags at Mulborough.atreet of
heil given disk/nee of Mr. Edmonds
i that Mee was cwt read, and therein
stinvidual with the fabrication of that lei
sated_ pi M tie Individual so charged • but
fee the 11111=of the letters of M. &uric,
wooldjos tely satisfied that this impu
thopoligatgaintif. It would be no defeat
the 'kW r. Barnett or Mr. Edmonds ac
Os We*. of this letter, because the deft
it Is put It any justification. The Learn
het t boles he was not only prepared to
was net the wetter of till's fabricated letter,
*CU lime who the real author was, upon
ovidsos. The defendants, however, by t
that this libel was true. They men
ritteiCruelity t and when the Jury found that
oily remaining question was, as to the ar
ought to be given. Damages in a case of
*enable moderate, ought to be sufficient to
putation.
Francis Power, examined by lie. PLAT'