The British Press; or, Morning Literary Advertiser.
London, England, 1808-06-30 00:00:00

LAW INTELLIGENCE.

.
COURT OF KIM'S BENCH. Wsimstanies, loss 99.

THE ICING V. WHITE and HAILT.
Mr. HOLROYD moved for a rule to show caul,
why the verdict in this cause should not be set
aside, and a new trial granted.' This Willi an iu-
formation tried at Guildhall, at the sitting after
last term, before Mr. Justice Grose, against the
Defendants, the one the Proprietor, and the other
the Printer, of a Sunday Paper, for a libellous
publication, tending to bring trials by Jury into
disrepute. The libel consisted of anituadveisions
on the Judge and Juries that tried Burnett and
Chapman on the charges of murder at the Old
Bailey, who were acquitted. The present Defend-
ants were found guilty ou the information.
Mr. Homier u observed, that lie grounded hie
motion ou the deficiency of evidence, an not poov.
ing the publication of the paper; be said be WO
aware that the motion WAS I'9l regular, as it elle*
to have !teen made withni the lint four days of the
sitting of the Court in term, but .oat the Court
had deviated from the' strict rule, in some
instances. in the case of the King omens links
although the four days hail expired, the Court
granted a similar role, and he hoped the saute in-
dulgence fir his Clients.
Lord Chief Justice Ette3raoitounsi observed, ,
that the Court would read the repo t of the trial, alai
if any tiling uppeared to authorise a new trial, they
would give their opinion of it, mini if a doubt
should occur in &your of the Velem:l4ms, they
would ask for the assistance of the Learned Conn.
eel ; but erout whet at present appeartxl, be did not
see any thing to induce them to depart Irons the
regular rule of Court.
Rule refused.

TIM ICING V. WETS esti UMW.
Mr. Ct.teroato moved fora similar rule, se
above. This was an inforsuation tried last Saturday,
at Agailsot the same &ft 'Aunts. fora li-
bellows publivation, tending to throw at •ictium on
the conduct of Loral Ellm...horough, as a Judge and
as a Peer of the Realm, %ad the Jury found them
guilty. Mr. CLIVFOILL WC:Malted 41011011 on
the same ground as Mr. liolommycl, a,id on the
Act of Parliament of time 3mtmi of the King; where
it states, that Judges should, in criminal cases, give
their opinions only as to law. This ease was the
rune as a etimuinal cue, and dee Judge la his charge
to the Jury, instead of giving hi. opinion us to the
law, assumed the fact, and stated, that it %us a
wicked, ahominable libel, and it world be throwing
only dust in the eyes of the Jury to state it othei-
wise. The Learned Counsel then coutesded, that
it was for the Jury to have found whether it was s
libel or not, and not fir the Judge, end he could
not perceive how the Court could refuse the rule.
Mr. Justice Gay's otawrved, that he did tell the
Jury it was a libel, but lett it with them to deter-
mine whether it was published with that intention
or not

The Come were of opinion that the ertxfnetiot
of the newspaper by the thbeer of the Stamp Of-
fice was euibelent evidence of its publicutioo, and
that the direction of the Learned Judge to the
Jury was a proper one. They therefore refused the
Re!e.

The COURT then ordered that the Derroid4nts
should be taken into the custody of the keeper of
Nevrgate, and he brought up on Saturday nest, to"
receive the judgment of the Court.

rm PonTANT SPAArLSH DOCtIIENTS.

ANSWER OF THE BISHOP OF ORENSE.

Answer returned to the Junta of Government,
by Don Pedro Quevedo and Quint:v..o, Bishop of
tin•tis.•, upon the ore.,sion of his having been
named Deputy to the Junta, at liavoutir :
Meal' Feertiheser Stn—Au Ficelenestie of Cocoons,
delivered to me, on the evening of Wee%meaty, the 45th inst.
your Exeellene,'s letter, of the iph, by which, amongst
other thanes, I me myself moused as a Deputy, to attend at
tlw Ammonly, which is to be held at ilayoune, in order it/
colour in hatever may promote the happlues• of the Mo.
narrhy, in cohforinity to the water, thee:real Emperor of
the teem IL manias to raise it to the highest degree of pros-
perity and glory
Although my abilities are week, I will yield to no one in
my a islets for the true happiness and glory, of the nati 6666
and wins .a oin.t .:tithing which sloe lie nay power, and which
thuscht nuieul promote it. But my age at 73 years, an
actual i.,dioposition, and others to stench 1 ma subject, pre-
vent me from taking so long Ft journey, within so short •
time, that would scarcely be sufficient for performing it, and
still tem fur consoleriog before-bawl my duty, awl fur se-
apairieg the infirrination aid instruction %which might to pre-
cede it On this aceouut I consider inyself as under the tw-
ee sooty of esouerntioe nose if of this charge, which I hereby
do, sot doubting but his Serene II llamas the Duke of Berg,
and the Supreme Junta of Government, will cuusidm as just
Wool nous:henry my supplication that they would admit of so
le got meat, as. muse, as an exciuption.
Al the same tense, wi h regard to the gnixl of the lodine,
and to the inteatioes of she Emperor and king, who desires
to be as et were the anwei of Peace, and its protector and
tutelary sp.rit, used who dues not (erect what be has so often
anionfested, tie great interest which he taken 111 seeing the
people and Sower4eux who are hiss Allies, interior in pincer,
en riches, and Jeannie:se of every kind ; I take the liberty
of reprearietteg te. the Supreme Junta of Government, and
throes •h them to !tic Lnopetut and king • Italy. that obi. b,
previously to treati..g upon the business for whet. *a appear
to he emareme.„ e aboalil say suit protest, in the easenibly cif
Saythine, if I ceesld br present there.
The question a of rime:dying evils, repairing injuries, of
hopwwing.the (mei bon -f the native, the 'Aluumelly ;
but what hoses and foundation ? Is there oily approved
method, any firm authority, rmogslatee by the nation,
fur dower the? Will she eoslave herself, and export bee
wally by this measure ? And ore there not disc:tees whirls ire
tiegrevated and exasperated by medwilies; of which it has 'Jets
caluera same India mums! And does it cwt
appear, (bat the maladies weic of this c'eso which have
dray. ei the attentiou of his powerful protector, tin Ernie rue
• Piapoiten, to his Ally, tam Ituyal Family tit
Th. err evils are so iecreased, that in ir lien:th to ea it sere
deep teed of 1 key see theinse'ves dint up 111 Ott French
empire, in a country what had bienslied them for ever;
sioA retormed to their primitive cradle. they fine a tomb
(by a civil death there where their shier branch was
cut ell Itv the rage and violence of a end and siogninery
tevolutiose. Aid, in this state, what ea, Spain hope for?
Wits her core he more raveur ?1 he means and medicines
go sot promise it. Ihr indication of her kings at Bayonne,
and of tine :Abuts at Benardeaux, when it ts aelieved that
they could out he free, where thee behrld themselves seer-
toeuiled I.e force and menhir, awl 'deprived of the lights and
ass stance of their fouthist vassrie ; thi at abdications, which
unmet he concaved, bud appear iumumble, ronsidering the
statism. loopier-nuns of pidereal and filial affeetiou, sad the
he...or mod lustre of the slows family, in which all heaver-
ah.e sued take so much inteeest ; these abdication's, which
have been ne suspect. d I.y the whole uatiou slid uponlist depeade the se outhority which the Emptier a 4
Ems can justly make use of, itemise, iu order to make them
firm and valid, anti, at !vast, tit the satisfaction of thethew lone
Spanish Monarchy, to rat.firo Is, the hang said
who have made them, 111 two fres from ail restrsiut and fear
And nothing would be foe the great Fiorillo
aputrosi I. who how take n su much Inter. It 111 them, as to
restore to spew leer august Ntousech ane hes I atnily, mil to
'royale that, m her own bosun., dla a grueral Cartes of
11, V. methane, they stones art c ording to their fice chose,
mi. (het the hatless. itself, itli the tedepenuence and
'reverent. ty to w tech it is rouujrrtett au •-slol proc. ea, te coa-
st-mien, r, to rt-cogaism., fin i.s Weitimite ki..g, ban whom
see ere, rigid, sod can untstauces, should call to the Spanish
Throne.
Tle•s magnanimous and geiserieus proceeding amid be the
gireartst eulogist', of the Lnipt.rer, and woriee be more greed
aud adeourdete for him than all .he rictores and limn is
stitch crows. biro, mud distingsioh bite antimpt all the
Slinmichs of the earth And Spain too Celli escape the most
disastrous lot which tbreatees her, and might finally recover
fsous all leer evils and enjoy a peeled health, and then give
thanks to God, and pay the :nest sincere atkinntkotnieuits
to its savant sod true protectoe, tLsto the greatest of the
Emperors of Europe, the moderate, just, neaguanimone, and
beutiseent Namileva the Great
At mom, Spoon cannot hut behold him under a very
diticreet aopeet. She seep, or thinks she sees fit bon the op-
pressor of her Noires and of herself. She leeks upon her-
self as enchained and maimed, *hen happiness, is utlcs ed to
her. MUM than ni worked by unities, 13 done by violence,
sad by an arusy elects has twee admitted u a friend, either
• indiserrtiem aid timidity, or perhaps by a vile treason
which woos to give an authority that cannot easily hi
0111'1 sited frentemate
Wit. appointed the Serene Duke of Berg linemen/at-Cm
earner of the lougdout ? Is It nut an appointment made at
Bayonne by au affectiemate King, worthy of all the iespect
and love of Isis lemma, but who is to the hands tit per-
sons imperious through the ascendance which they have
piued over hes heart, sod the force and power to which he is
subjected ? And is it smut a deceitful illusion to name for
Lieotenant.e:eneral of this kiugdom the commander of an
army which threatens it, and immediately to abdicate the
Crow n ? I/ad Charles If. e ash to retora to the throne nwrely
to take it from his sons ! And ass it oecessary to name a
Lieutenant, w ho, by this astlemity. and by a military form,
wield impede every effort which aught be made to avoid the
consummation of a project of this estate' I doubt whether,
not only m Spain, bat in all Europe, there on be foaled one
sincere person e-100 would nut ery out in his heart against
sash setraurdinary, sad, to say no more, such suspicious
sets.
TO conclisile-nthe nation sees itself, m it were, without s
tine, and knows net totow how to adhere. The abdication of
ilea kings, and the appoistment of a 1 notimant-Governer of
the kisigeloon, are acts done in France, and leader the eye of
an Emperor, who has persuaded himself tat be shall make
Spain happy, in giving her a sew dynasty, which is to have
its origin tu that family., so fortunate, that it is thought inca-
pable of pruthiciog Princes, vela,, have nut the same se
greater talents for governing people than the invincible, the
Victorious, the Irgistator, the philosopher, at, greet Lraps.
rear tspulrue. The SupremeJunt a ut Gmerutneut,besolesall
the objects...lse insinuated above, with its President in
arms, and serwiairded by an army, soot be couliderail
as deprived of its freedom, and the Cuuticeis end Tribunal's of
the Court are in the sante situation. What eminfiouina! what
• chaos mid a lost a source of misfortsine fur Spam ! They
cannot be provieed against by any avemirly convoked sat of
the kingdom whose slumbers neither possess Mete freedom,
nor if they eliehemdd believe they possessed it--Ind if to th,s
e add, the timaltuoiss newsman which may he apprehended
within the kingdom, the pret misses of fueeigis p" nor, s ;mut
taws, sitcom's offered or solicard, and hoofs is inch eel'
some to combat, is. her boson', the Ircinh owl their arte
t desolation, hat MUM lamentable scene can s
ue
tom▪
-mired ! Ihe compassion the love, the interest, which
the Emperor 3.11. k At takes fu thee welfare, ssay, isitteaci
of
eerie. err, rawer the yearn disestses.
I eel pets, with all oar rispect, that these, is any opinion,
just apperhesious, may us laid hawse the Servile J elite of
(..sereee.t, and likewise sormeted to the Great Navel...l.
I have lotherte twee sloe to rely epee the rectitude of has
heart. ea Me and seam • lea der. et, and an ar-
tificial motley ;—sew I MX Lope, that he slit mcugmbe, that
it cameo be the the good a Smith, emat..vi, tier, and
that he will roe persist ia applyirg reinee.wo to her, alien in
fetters, as she L; scaler mad war nontig.—Let a uegitionate
authority lie mad thee at us think of the
✓nitiedies.
'1 11, AV my wiehes,ieVeb I have wit fe •r• dto make
krosea ea the .1 Mita tug s.irrruit.iat, aim or us.,

himself, because I bare esmidered, that if ski were not
listened to, they would at least be looked upon (as in reality
they are) as the effect of my love to my country, and to the
august &toady of its kings, and of my duty as a Counsellor,
the temporal title of which is attached to the Episcopacy in
Spain _..d in addition to thus, I ounsider them as out only
useful, but nccestary to the true ittory and happiness of the
illustrious hem, whom Europe admires whom all venerate,
and to whom I hate the happinessof 4:Hering, on this occa-
sion, my respectful, humble, and obsequious respects.—thal
grant your Exeelleuey the happy years which 1 wish you.
theme, 'Slay sci, 110011.