The British Press; or, Morning Literary Advertiser.
London, England, 1826-05-31 00:00:00

but the question here was, whether it was not a libel to Impute to 3
man with a family of children, the youngest of whom was nine-
teen, that he indulged his passions to the greatest extent his consti-
tution would permit.
Mr. Stoekdale said he should now refer to the excessive da-
mattes of the Jury. One witness (Marshall) proved the residence
of the plaintiff' at Lyme Regis ; but he had affidavits to show that
Mr. Fisher wild all his business, and left Lyme Regis, two years
before the publication of the libel.
The Loan CHIEF J usT ICE said the plaintiff could have pro-
duced the roll of the Court, to show that there was no other at-
torney of the Court of the name of Fisher.
Mr. Justice PARK said the libel itself admitted that the
plaintiff was a married man.
The Lon° CHIEF JESTIEE said, one of the witnesses at the
trial swore that there was no attorney hut Hugh Evans Fisher re-
siding at Lyme Regis, and he had no doubt but that.this was the
pert an referred to in the libel.
Mr. Stockdale said, this witness only went to Lyme Regis once a
year. and he said that Mr. Fisher now resided there, which the af-
fidavit denied. Then there was the marriage of Mr. Fisher.
Mr. Justice PARR.—It was laid down by Lord Mansfield,
that the only civil action in whieh it is necessary to prove marriage,
is for criminal conversation. In all other causes cohabitation and
the admission are sufficient.
Mr. Stockdale.—The admission must apply to Charles Frederick
Fisher.
Mr. Justice PARK—That is a question of fact which the Jury
have decided.
Mr. Stockdale—lf he had a new trial he could contradict the
statement that Mr. Fisher lives at Lyme Regis,
Mr. Justice linnuourm—Every body who goes the circuit
knows that he practise.; there. I know it myself. -
Mr. Stockdale—l presume your Lordship did not give evidence
to that effect. 111, affidavit shows that he does not now reside there.
The LORD (THIEF Just 'cc—Have you any affidavit that you
were surprised by the evidence ? Unless you have we cannot grant
a new trial.
Mr. Justice Pane said, the Court would not receive docu-
mentary evidence of simple facts, when they might be matter of
rive rare evidence.
Mr. Stockdale referred the Court to his grounds fora nonsnit.
The Loan enter JUSTICE—YOU cannot have a nonsuit,' be-
cause there were no points saved for you by your Counsel at the
trial.
Mr. Justice PARE said he had already stated that there were
no grounds Itir a nonsuit. It was not necessary that the marriage
should be proved. Nei:Ler was it of any consequence whether 111 r.
Fisher had eight children or not.
111 r. Stockdale said the greater the numberof children, the greater
would be the damages.
Mr. Justice GAZELEE said the points must have been taken at
the trial. There was no objection made then to the marriage of
.11r. Fisher not having been proved. The dissimilarity between the
two names was a matter of fact to be left to the Jury. As regarded
the children, the declaration merely set out, that the plaintiff had
" divers children, to wit, eight.' The word divers rendered it
quite immaterial whether there were more or less titan that number.
Mr. Stockdale said if he must abandon the nontsuit, he would
refer to the new trial, on the ground of excessive damages. Ile had
an affidavit to show that Mr. Fisher did• not take out a certificate
for the years 1822 and 1823. His Lordship had referred to a list of
names on the cover of the Memoirs, and said they were printed to
extort hush-money from individuals who might prefer paying to
being shown up in the subsequent numbers. These names, how-
ever, were given as the contents of the current number, and not as
what were to be the contents of any number about to be published.
He would hand tip the numbers three and live that his Lordship
might satisfy himself on this head.
The Loan CHIEF JUSTICE—Hand me up the number in
question, Sir; not any other numbers.
Mr. Justice PARK—Oa the cover of the number containing the
libel, there are the names to he introduced in the next number, are
there not ? Does not this number tell people what they are to ex-
pect for the future ?
Mr. Stockdale admitted that in this number it did happen so ;
but this was the only one. To refer to the question of excessive
damages, there was not a scintilla of evidence as to Mr. Fisher's
character.
The Loan CHIEF JUSTICE—I must tell you, that if there
had been, it would not have been received. It was open to you to
show that his character was not good, which you might have done
by pleading a justification.
Stockdale said he applied for time, to ascertain how far he
might be able to plead a justification ; but Mr. Justice Iturrough
refused to grant it, saying that a justification to a libel could nut
be pleaded. (Great laughter.)
The Loan CHIEF JusTicr. believed he could turn this into
common sense for him. Isle. Justice Iturrough must have said,
that he thought lie would have some difficulty jn pleading a justi-
fication to suck a libel ns this.
Mr. Stocktlale said he could put in a copy of his attorney's letter,
telling him that the application for time was refused.
The LORD CHIEF JUSTICE—There was probably no pretence
for giving time.
Mr. Stockdale said it was not stated in the declaration that Mr.
Fisher was an attorney at Lyme Regis, or any other place, and he
must contend, therefore, that nn evidence of that fact ought to have
been received. Tili3 was ruled by the Lord Chief Justice of the
Ring's Bench, and he had suffered severely by it. This was an
action of trespass, and the evidence related to some gates opening
to the high road ; but his Lordship refused to take it, because there
was nothing about gates in the declaration. He hoped the Court
would not allow one law to be established in one place, and
another law in another. He contended that the charge of the
Learned Judge, without any foundation, precedent, or evidence to
support k, was calculated to inflame the minds of the Jury. He
would tell them how the manuscript came to be 'placed in his
hands. Harriette Wilson called on him, and requested him to
edit it but he told her he could do better for her than that by pub-
' fishing it. (A laugh-) She said she should not have come to him
but she had not a friend in the world. (Great laughter.) lie
had an affidavit of tome letters received from the plaintiff.
Mr. Justice PARK said the time of the Court could not be so OC.

cupied.
Mr. Stockdale said he did not know how to proceed.
Mr. Justice PARK—You do not want understanding, Mr. Stock.
dale. You cannot, excepting on affidavit of surprise, bring any-
thing before the Court which was not before it at the trial.
Mr. Stocktlale submitted that these proceedings were instituted
entirely against him to plunder him of the property he had paid
for—the copyright. It was stated by the plaintiff in this action,
that he never knew a person of the name of Harriette Wilson, and
that he never had any communication with her. It was therefore on
his own showing impossible that he could he the individual meant
In the libel. Some very strange expressions had fallen from tha
Lord Chief Justice, in his charge to the Jury, ns regarded the mo-
rality of the work. God in Heaven knew that he (Mr. Stockdale)
conscientiously considered it highly moral. (A laugh.) He looked
upon it as the greatest possible check on the vices it enumerated.
(Great laughter.) lie should like to refer to another work, which
was the work of a divine, and yet detailed greater excesses than
these memoirs ; but which was nevertheless considered a moral
work. Perhaps, their Lordships would direct him how to proceed.
The Lout) CIIIEF JUSTICE—GO on ; we will check you when
you are wrong. It is our province to hear, not to direct you.
Mr. Stockdale then proceeded to read a long extra:t from the
Anti-Jacobin. An objection had been made to the names being
given in the Ilfcww!ra ; but Mr. Justice Bayley had once expressed
a very strong opinion on the subject of giving names : whether he
would do so now or not he could not say. Had the work been in-
dicted there might have been some excuse for designating it as it
had been. The effect of the prejudice which had been excited
against him was beyond all human calculation ; if he had not been
conscious of its injustice, his mind must have sunk under its
weight. (A laugh.) He had now offered the grounds of his motion,
and he should conclude, relying with confidence on impartial jus-
tice to himself and his wife, and family of twenty-two children—on
whom, in his person. would be infltcted a deadly wound, if he
were denied it. Should the latter be the ease, he intended applying
to the framers of the laws which the Judges were appointed to
oarry into execution ; and. as a last resource, he should apply to
the Throne itself. _ _

The Loan Cuter Ju ST ICE—I think the grounds of this appli-
cation are as absurd as the publication is infamous.
Mr. Justice Poise thought there were no grounds for the Court
to interfere. They had already expressed their opinions on the
nonsuit. He had listened with a great deal of attention to all
which had relation to the excessive damages. The Court always
required very strong cause for granting new trials, on account of
damages. He could not say, in the present instance, that he
should have given damages to such an amount, but he could not
say that he should not. The Jury were the Constitutional judges
of what ought to be given in such uses; but it was said their ver-
dict was delivered under great irritation. On referring to the libel,
he thought there was quite sufficient to account for the conclusion
they had come to. In his opinion, it was of a most gross nature.
•lt affected the plaintiff, not as an attorney merely, bin as a moral
man. He did not think there was much to offer in the way of mi.
tigation, when they referred to the wrapper, and saw there the
most illustrious names in the kingdom whose characters were tra-
duced. Ile was not bound to inquire what the private characters
of these individuals were ; but until they were proved to be defec-
tive, theyinust be considered as good. here were a hundred indi-
viduals assailed, including members of the highest families. Mr.
Stockdale had asked why his work had not been indicted ? but Mr.
Fisher hed pursued the best course. Individuals were at liberty to
publish what they pleased; but they did so at their own hazard.
The defendant had an opportunity of putting a justification on the
record, but had not been able to do so. He said he had a family of
22 children. In his (Mr. Justice Park's) opinion, it was peculiarly
the duty of a Christian father not to publish a work which must
tend to demoralise society.
Mr. Justice BURROVGII said he thought Mr. Stockdale and
Harriette Wilms might consider themselves fortunate in having
escaped being prosecuted for a conspiracy. He could not discover
the least grounds for the motion which had been made.
Mr. Justice PARK said, that Mr. Justice °melee, who had been
obliged to go to his chambers, desired him is say it was his decided
opinion the motion was groundless.
Rule refused.

HIGH COURT OF ADMIRALTY, Tvssn•T, IKA, 3e.

Chicks Lerma, and Malcolm Orme, Esqrs. having beau ap-
Imllabad She number of Procurators General, by virtue of
• eomenlesiso his Gras. the Archbishop of Canterbury, wire
this day loteduced to Lord Stowell, and formally admitted Proc-
tors of the Admiralty Court.
THE EALING GROVE.
This wu a snit brought by James Carman, a seaman, against
the ovum of the ship Ealing Grove, for wages alleged to be dste