The British Press; or, Morning Literary Advertiser.
London, England, 1822-11-22 00:00:00

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Carr is he -would have been hadtthis been stated 41
the ground on which the rule was applied fur.
If his Learned Friend had applied fur the rule iis
for • libel on the clergy of Durham, he (Mr. B.)
grata convinced it would not have been greeted. If
the ;isle had been applied for es ;against individual.,
th.• Court wou!d Lave railed un thosetindividuals to •
solemner the milli of the libel in the used way, and
would have ertinitted the Defendant, in 'hewing
rattle, to go into facto to shew that those individuals
Aid uut come into Court entirely with clean hand*.
hefe wee a charge against the whole budy of the
" Our, and he would repent, it was not sufficient
prove.that it applied to a part of the body. If
' of the time of the trial h. had known that the libel
was not charged as a lolirl Oa the whole body of the
Clergy, but ouly its !lie clergy of Durbufn, much
labour would have spared to him ; lie should
mit have endmvoured to prove that this was nut a
r thel on the established church, but lauvectoifioed
bitriselrte -ihew that it was not a libel on the clergy
of Durham, but upon that point he was not heard at
all. Oa that ponit on which be was heard the De-
fendant was acquitted, and it was nu that on which
he war not bruit that the Defendant was found
netiext ground on which he had to apply
fora new trial was, that the verdict wiz against eve.
deuce. The Counts charged the Defetident with
haw the printer
.1.111 publisher of the Paper in
whieh the libel appeared. whereas it was proved at
the triel that lie did not print the Piper, that it was
printed by a mats named Walker.
Mr. Justice BAY LEY—" Did not the affidavit
suite who was the printer and publisher ?"
Mr. BRoucilaM—" I do not recollect ; but we
pooled that ‘Villiains was not the printer."
The LORD Cuter JUSTICE—" It it of little
consequence. If priived, it will wily go to narrow
the verdict to the second count, in which lie is ouly
charged es being the publisher."
Mr. BRoVollsa said, the next point on which lie
moved for a new tiial was, that of* inirdirection of
the Lesrued Judge, Mr. Baron Wood. The Learn.
id Baron, in his address to the Jury, said the Court
of King'. Bench hid already declared their opiontu
that the publication was a libel, by -granting the
information. This he (Mr. Brougham) aubtainted
he ought not to have dime.
Mr. Justice BAY LEY—" Did the Learned Boron
tell the Jury what his own opinion was ?"
Mr. Ilitoucanam—.. Yes, my Lord ; and of this
also I complain-1 object to his having done so."
The LORD CHIEF JuSTICR—" Theis in every
case of libel almost which lau occurred since the
parsing of the Libel fbil, Judges have done wrong :
for it has beeu sit invariable rule for a Judge to
jell the Jury, ' This is my opinion, but you wall
teteercise your own judgment'."
Mr. Justice BEST—" The Learned Judge,
• adverting to the Court of King's Beech having
&rented the information, said no more than this—
• The Grand Jury have found a bill'."
Mr. BROUGHAM—" I do not object to is Judge
saying—' This is my opiniuu.' But the Learned
Judge went further in this case: be observed—
! Gentlemea, I am required by law to give you my
aviation, and I say this is a very groi, libel.' A
Judge may wee, lam expected,' but not 'I am
required by law to give you my opinion'."
Mr. Justice HAVLEY—" Theta we are to grant
the Defendant a new trial, because Mr. Baron
Wood used the word • required' instead of • es-
pec:ed.' Is the Learned Judge dissatisfied with
llie term lie used or wilt the verdict 1"
Mr. BROUGH acid, he had nut heard so much
fruui the Learned Judge, but he had to object to
other parts of the Learned Judge's summing up.
• The Learned Judge went on to state, that any
publication *wended to bring establishments into
• eouteoipt,•MlS a libel—this, he sebouitle4. was too
large an interpretation, and should sot have been
put to the Jury, lie had known many imitative* if
attempt. made to disparage estahlishoteuto, but
Bever heard before such nit interpretation put on
them. The Small Pam Hospital, for instance, was
established Icy Act of Parliament, and patronised
by persons of the highest rank previous to the dis-
covery of vaccinetunt' but since then be remem-
bered to have heard Lord Ellesiboroogh colt it a
pest, and declare that in time it might become a
141S1•111/CC• He could cite massy iustauces of IMO.
•dishoeuta which had been "'au discussed as to tern
them into ridicule. The office of third Secretary
of State, 'fur inetauee—(A laugh)—such liberties
'bed been taken with that; it had perhaps been ridi.
'eteletwith some intention of bringing it into con-
tempt, but uo one ever pronounced such ridicule a
fit subject of prosecutiou for libel.
The CMIEF JUSTICE said, he was not prepnred
to say that au attempt to bring that establishment
into coutempt would not be a libel. It would de.
paid on the manlier it. which the merits of the
establishment were discussed.
Mr. BROUGMAM—" Certainly. my Lord, on the
stunner ass feeling, but he submitted that to bring
mow esteblislitneuts into contempt was not libellous.
Popery
bad riot
been brought Into contempt, the
iamb ished church would nut hive risen upon its
reins."
. The LORD CMISTJUSTICE—" Do you mean to
soya Mr. BrougluM, that the Learned Judge did
not leave it to the Jury to say whether there were a
libeler nt.t ?"
Mr. Baoueiteas said he did not mein to impute
that to the Lea/lied Judge.
The CHM JUSTICE--" You may take a rule
So thew cause why the judgment alanuld not LI at.
iested, but we no see sou grounds lair • new trial."
Mi. Justice Balfl.EY--." To constitute the De-
fendant the wialer, it isnot necessary that hie should
be the hued which sets the press or compotes the
molter. It 18 salbeteut that it is dose by others for
bias."
Rule to shear cause granted.
The further hearing of this ewe will not be till
nest Teta) at the esrlie.t.

COURT OP CHANCERY, Limeoues liv,
TUVIISIDA 1,, N QUM= II II .

The LORD CMANCILLOR WOO a-copied in haw.
ing motions of oo interest except to the parties
couremed until half.past two o'clock. at whicis
hour his Lordship ruse.

WRONIUDAY. 111011111811/1. 40.
sums e. WARD.

Mr. Wines stmt. bowing coocluded his argosies,
The LOBO CSANCILLOR tusked whether the Al.
towthey•Geuetal had oaks of this sootiest?
Me. SIBADIVILL said be bed note bet the Att.r.

. „
try-Genital ttroulJ iii be .tor Cherr•trial when the
verdict was solistuntielly•fer the Crown.
The toes eIIIANCAI.).6I,--1 am not sure'of that
hut, for aught 1 know td the contrary, lie may be
with yon.
Mr. WETHERSI.4. contienterl.—lt would be a •
violation of all the laws of the laud, if, for an
offence which !might he penally or criminally
visited. Mr. Ward should be punished otherwise
than by hue or ciimusal peieweutiou. lie was not
to be robbed of e.OOO/. a 'ear. because lie had
eillfcreil the estates to he mam.grtl as they had
been under the It-v. Evelio It...who'd Cotton.—
Glow could a new trial then lee granted ?
punish him, and nut whet, ? If his Lordship
could ion punish impartially and indiscriminately,
he would not punish at all. •
'Die Loan Crisscst.t.na —'• Mr. Wetherell
takes • view of the case rely different from any I
take of it. It is nut as a puritsliment that any
course is to be taken. From the year 1796. the
estates of the lunette were committed to Mr. Waal.
During all thot time the prisons next of kin were
represented to the Master wills Nlr. Ward's know.
ledge and acquiescence. In ordinary cases, he
would be alit when the lunatic died that there
was an end of his office of receiver. It is not the
rights of parties that the Court has here to consi-
der, hut the priciples on which the 'Hairs of In.
natics can be securely siinie.istereil. If no delft.
•ctilty had silted, she estates would, as a matter
of course, hare beets deltvried over to the next
of kin 44 soon as the lunatic died. I speak of Mr.
IVrtherell, I need out say, with effectionate re.
sprct from circumstances of pat life; but whether
a new trial ought or not in be granted, is not the
made of arguing this question. It is with the view
of arriving at the right conclusion on this pinta that
I wi.h the Attorney-General not only to have no-
tice, but at my desire to conaider what he is to do
in this ease. If he say that it is tint the interest of
the Crown to interfere, it will be for the Court to
consider what is fit to be done. Whatever the re.
salt may be, or in whatever mode the Court may
part, with the cause, it will be necessary to guard
it from becomnig a precedent. For that reason I
wish the Attorney•Geiwral to have notice."
Mr. SHADWELL timid he should address his Lord-
ship now on the sane but as Mr. Serjeant
Bosenquet was kept there from hot own Court, his
Lordship would perhaps hear him next.
The Loan CHANCLI.I.OR readily consented.
Mr. SerjeWit 130SANQUET said he would not pre.
some so interfere with the fern). of Chancery, or the
leas of lunatics, hut would only offrr a few caner- •
rations on the motion for a new trial. On this pert
of the subject M . . Scariest and Wetherell had
left him little to say. The Solicitor-Genetsl had
intuit an isnptes.ion as amnia important documents
had been withheld at the trial, and particularly two
affidavits—one by Mrs. Rebecca Cotton, the tither
by the Rev. Evelio Cotten ; but lie would read
them wins Lordship to drew their total irrelevancy—
the furnaer, respectiug the perfect satisfaction of all
parties with the settlement of the lunatic', affairs
in 1780. on the death of his lathe, ; the latter
stated that the cornini..ion and of lunacy
had bees in the linunic's lathes'. life-time. and that
the lunatic was recognized then as next of kin to
his father.
The Loan Cii•scaLLoa said that was evidence
of reputation.
Mr. Serjestit BOSANQUIT admitted that it was,
and had been so argued on at the trial ; for tit.
commission and inquiritiou had hero produced, soil
therefore the affidavit of Evelin Cotton could be of
no use. The real estates mush have come by a dent)
of settlement to the Rev. E. R. Cotton, so that nu
escheat of real property could take place. The
head and front of Mr. Waid's offending was, that
he had not auformed against his mother and his
aunts.

The LORD CHANCELLOR. At the tiring of the
Court intimated that he would lieur morions to-
morrow, and could not now tie r ddy for the hu-
ffier heuriug of this cause.