The British Press; or, Morning Literary Advertiser.
London, England, 1826-07-13 00:00:00

MIDLAND CIRCUIT.

LINCOLN, JULY 11.
[Before Lord ChicfJustice A snox T and a Special Jury.]
3tAwiir v. HARKER.

This was an action brought to recover compensation in damages,
for an alleged libel on the character of the plaintiff:
111 r. 3Pllowal.a opened the pleadings.
Mr. Co MatOti SERGEANT stated the case to the Jury. He re-
gretted the painful duty which was imposed upon him, of calling
on a Jury of Englishmen to decide upon a charge, the very men-
tion of which must be revolting to the feelings of every man of
honour and integrity all over the world. All morality was shocked
at such disgusting charges as were attributed to his client, but he
was forced to appear before them, in order to repudiate the horrible
charge made against him, not so much with a view to punish the
guilty violator of all law, honour, and all decency, as to set his
character aright with his friends and neighbours, and in doing so,
to wipe ()tithe foul stigma which had been cast upon the character
of the county at large. This appeal was no :longer a matter of choke
to his client, bitched become a matter of necessity, and if he could
not, before he concluded, show there was no foundation for mai a
charge, then would he be satisfied that all the infamy of so outrageous
a etarge should attach to the plaintiff, rather than to theldefend-
, ant. He was satisfied, however, that no ground existed for such
imputation, and he had no hesitation in stating, that all these alle-
gations were the result of malice and revenge in the breast of the
defendant. The plaintiff in this case was a respectable brewer and
maltsier at Market Beeping, in this county, and the deterulaat a
tanner of considerable property, residing in the same neighbour-
hood. It appears that some time since, property was taken fforn the
i premises of the plaintiff; and found on those of the defentlana
1 against whom, however, no imputation of dishonesty had her,
alleged, beyond what malicious gossiper' will tattle. The plaintiff
had made some observations on the subject, and to that cause
alone he attributed the hostility of the defendant, who charged hint
with indulgieg in unnatural propensities. Ile should make but
few further general observations on a charge of this nature being
' made against any man. It was most painful to be charged wirit‘
such an offence—it was painful to bring it forward in this pubae
manner; hut painful as it was, the plaintiff owed it to his duty--
to his character—to his family, anti to the morality of the country,
to t ring the defendant to prove the truth (if he could) of as au.
datious and wicked a libel as ever was charged by vise man against
another, in any country, or at any period of time.
(Several witnesses were examines!, bu: the evidence was of SA
repulsive a n.ture, that we decline inserting it.l
Mr. Sergeant V.tuGHAN, for the defendant, said it was painful
to him. even though professionally, to enter upon the dismission nt
topics like the present. With respect to the writing on the wall,
there was no evidence of its being written by the defendant. No.
i it was dexterously introduced to make oat a case, in the absence of
1 otiwr matter. Ile took it that the very walls were prating of Mr.
alawby'a character ; and sure he was, that after the witnesses i:r
was instructed to mill, that character would not be impro%ed.
But why did the plaintiff take this writing to himself? Why was
he ro morbid ? why did Isis conscience share him at such an seen.
Lulea ? He did not quarnl with the plaintiff at bringing the mat.
ter here, but it should not have been overloaded, as it had been by
his Learned Friends. But if Mr. alawby felt ea for his character,
why did his Counsel objact to speak to the rumours geuerally afloat
about it? !the w:isinnosent, he should have courted every inquiry,
in order tit restore him tothe good opinion of his (!lends t whereas,
at the very first onset, an olijection was taken to the inquiry:—
Here there were no less than fifteen or sixteen counts in
this declaration, the one half of which must be dismissed, as the
allegations were not proved. It was lamentable to think how
much the crime imputed to the plaintiff Itad increased, partitat-
tarty in this courty. If the defendant coldly and malignantly
charged the plaintiff with unnatural propensities, then let him tie
punished ; but if not, then let the brand of infamy be fixed ut.on,
the plaintiff: The Learned Sergeant then, at great lengths, com.
mendal on the evidence, and contended, under all the ciretan-
stances, that no case of malice was proved against the defendant
He would now proceed to call evidence, to show that the plaintiff
was addicted to the propensities with which he was charged by the
plaintiff; and having done so. lie would leave Hie case, with p::-
fect security, to an intelligent Jury.
Mr. COMMON SERGEANT replied on the evidence.
The LORD CHIEF JtasTies recapitulated the evidence, arid
the Jury, aller a few minutes' hesitation, found a verdict for the
plaintiff—Damages 21101.

RANTING.—A short time since, one of those persons,
called Ranters, took his station on Cavendish-green, and
ranted to a considerable number of people for upwards
of an hour; his discourse was eery striking; we trust
the proper authorities will look to this. Such fellows do
as much harm to the cause of real religion as Carlile—they
first make their disciples melancholy and then mad. Ou
\Wednesday last, a p.Json, called Dr. Owen, preached a
sermon in the Tabernacle, for the benefit of the Moms:hut
Missronarier;' after which the sum of 2/. 1 ts. 6a. was
collected. Ibis Caveadii: is a flawed srot.-13,.rj
Gazette.