The British Press; or, Morning Literary Advertiser.
London, England, 1805-02-08 00:00:00

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tOl'aT OF SF.NCII, WESTMINSTER, F.'s. 7.
JUDGMENTS.
LIRE!. ON TIIF. BOARD OF ADMIRALTY.
T!I F. KING O. JOHN HERMIT and others.
The Defendants in this case, Messrs. John He-
riot, John Taylor, Richard Harris, and Richard
Larhhury, the proprietors, printer, and publisher
of the Newspaper called The True Briton, were this
day brought up for judgment, having been con-
vided of printing and publishing a libel against
Earl St. Vincent and the Board of Adinitalty, the
Sittings after last Michaelmas Term, of which
trial we gave a report in our Paper of the Bth of
December last.
The At TOReLY GENZRAL havirg moved for the
judgment of the Court upon the Defendants ;
Lord Ea tensottouou read the information, set-
ting forth the libel, and the evidence adduced upon
the trial, of which we gave a statement in the Paper
before alluded to.
The several affidavits of the Defendants, John
Taylor. Richard Harris, and Richard Lathbury,
were then read. After stating the convidion, Mr.
Taylor swore, that he had only a fourth share in
the paper in questigin ; he Beni, ' ad concern in writ-
ing the libel, and having any contronl over the pub-
lications in that paper, stating, that Mr. Heriot
superintended the political part of it, nor did he see
the paragraph alluded to, until after it had been
published.
By the affidavit of R. Harris, it appeared that
be was employed merely as the primer of The True
Briton ; that he derived no advantage whatever
from the sale, nor had he any controul over the
publication of it, being only employed as a servant,
and paid as such.
The affidavit of Lathbury stated, that be was
only the publisher of The True Briton, and was em-
ployed merely as a weekly servant, having no con-
troul over any publications whatever. Mr. Heriut
always managed the political part. of it. It further
stated, that he had quitted the service of Mr. He-
tiot, and was then otherwise employed; and, if con
fined by the judgment of that Honourable Court,
he would lose his present situation, to the great in-
jury of himself and family. All the affidavits
breathed the utmost contrition, and prayed the
mercy of the Com t.
Mr. Coast, as Counsel for Messrs. Taylor, Har-
tis, and Lathbury, observed, that in point of in-
tention to circulate or publish a libel, these De-
fendants in every way steered clear. As to the first
Gentleman, from his affidavit, he appeared to be
placed in a point of view wholly innocent of the
tiansadion ; though, as being a proprietor, in point
of law, liable to a portion of the losses ; he declared,
most positively, his perfed ignorance of the matter :
he added, that the profession attached to the busi-
ness of a newspaper was as honourable a one as
could be, and of very great public utility, when
concluded with citeurnspedion : as w the celicr two
parties, they were pettedly innocent of the crime ;
they were employe& in doing that which they might
suppose to be legal, and only followed the instruc-
tions which they received from their employers ;
and, though legally answerable to their Lordships,
be troste I the Court would discriminate between
the parties, as they were wont to do in all cases.
He begged leave further to add, that imprisonment
upon these unfortunate Gentlem -n would greatly
tend to the ruin of themselves mid imsti ies.
Mr. Mosaic, as Counsel for Mr. Heriot, said,
be felt it would be unbecoming in him to impeach
the verdie'l against his client ; at the same time, he
trusted, that his subsequent conduct, and the great
contrition he had expressed, would be some exte-
nuation in their Lot &hips' eyes: he then offered to
read a subsequent paragraph, which had been pub-
%hill in The Tree Briton, to which the Artoeate-
Gixceat obieded. unless it were verified by affida-
Tit, and an opportunity given to him to bring tip
some other papers in answer, upon which be would
claim the indulgence of the Court, to Make some
observations, which he should then feel it his Linty
to do.

Lord Er Lenaosounii asked, if any such affidavit
could be produced ; then if not, he would order the
Defendants to be brought up on a future day, and
give them an opportmaty to make sods.
Mr. Modals declined his Lordship's proposal,
adding, that he would only now advert :n the state
of mind in which Mr. Het rot felt himself at that
moment, which was that of the d epest cinstritie,;l;
lie was most anxious to make eve, y atonement in his
newer to the Noble Earl ; and he trusted this would
Lave due weight with their Lordships.
The ATTORNEY GENERAL said, he need nor
trouble the Court with making any observations
tiaras the indiament, and the evidence upon the
trial, which were sufficient in themselves to satisfy
their Lordships ; but he thought it necessary t.•r
trouble the Court with an observation or two, as it
was a case where their Lordships might discrimi-
nate between the parties, and deal out a punishment
equal to their guilt. Mr. Taylor, it appeared, was
one of the principal Proprietors of the Paper in
question, and Mr. Heriot had the sole manage-
ment of the political part of it ; hut it was the
duty of the former to take care that that power was
not abused by the persons entrusted; and when be
found a deviation from those prineitiks which amid
conduit every man in such a situation, he should
have desisted from the business ; he should h,ve
withdrawn himself fool' the concern entirely ; he
should have reprobated such conduA, and insisted
on an immediate contradiCtion of such calnrnrv;
had he done this, and verified it by affidavit, be
might have come with some hope of mitigation of
punishment before their Lordships. There was
also a discrimination to he made between the Printer
and rublither, the former was the hand through
which the calumny was executed, and it wai highly
necessary he should be taught that it was his duty' so
be cognisant of every such paragraph a. came into
his hands. All the parties, Itnwever, were wholly
distinguishable from istr. Heriot, who had the con.
trout and usanagenfent of the business, but most
particularly of the political part. That he was ex-
tremely sorry to be brought up before their Lord-
ships, he bad no doubt; but if he was extremely
contrite, he should have made an affidavit to that
effect, and expressed a deep sense of his cuatrition ;
• he would have then put hinuelfr:r the situation of a
contrite criminal, seeking the mercy of the Court.
As to the libel itself, little remained to be said. lire