The British Press; or, Morning Literary Advertiser.
London, England, 1825-01-29 00:00:00

-. •

IRELAND.
front the Duldhriog Pod of Wednesday:l

COURT OF ICING'S BENCH.

LIBEL ON THE LORD LIEUTENANT.
TIAN RING, AT TUE raosectertox OT Tl' • ATTOINET-
CENTRAL V. CHART. Ea BOLTON JOHNSTON AND TIMOTHY
HAT ON.
This case came nn for trial yesterday. Coosilerable interest hay-
ine been i %cited, Sheriffs Lamprey and Warren, and Mr. Browne,
Nub-Sheriff, were in attendance, with a party of pollee, at an early
ban 4 ard, from the judicious precautions adopted. ell inconvenient
-pressure in the f'ourt was avoided. The County Jnry-box was set
apart for the gentlemen connected with the public press, and no
either persons were permitted to enter it—a most important worn-
euediatton, for which the Sheriffs are entitled to our, and, le c think,
to the public thanks.
Shortly affer ten o'clock, the Chief Justice and the other Judges
took their seats nn the Beech, what the Special Jury Panel was
called over ; first on a fine oftwenty.pounds, and a second time on a
tine of fifty pounds.
When the panel had been called over. Mr. Towers': en, K.C. said
it was his wish that the Jury should sot be sworn until the Attar-
• Sey.Operril was in Coert, which would be in a few minutes.
Illr. Townsend's request was complied with.
When the ATTONNET-GENIIIAL llND4LintoConrt he inquired
if he meld see the Bailiff's warrant of the persons mentioned
in the panel Laying been personally served, a. he would request of
the Come to inflict fines nn every person who did not attend.
The Loan Clime J I'ITICE said, that what Mr. Plunkett re.
qui:eel was, not now the practice. The Sheriff returned the panel
to the Court. cnd they presumed that the Sheriff had taken special
care that every one on that panel bad been served. The gentlemen
on the eresent par.el had been called on fine of fifty poitnele. In
conclusion, his Lordship raid, that he had not seen a Baifer's war.
nr_t_ these 20 years.
-The ATTORNET.GTNERAL said, that what he wished f,w was
a full attendanceeef jurymen. lie del not know the name of one
perscn on the Jury. But the gentlemen had an important duty
p perform in respect to themselves and the public. He had no
esiee to question the validity of the present panel, and he could
not, under present circumstances, think of causing any delay, or
of objecting to the present panel, which were struck to try die
Issue.
The Jury were then sworn.
Mr. Pee x e ETT' jun. real the deciaestion.. 'Here the Learned
;Gentleman stated, that this was an information filed er-oficio by
the Attorney-General, chargieg Charles Johnston and Joseph T.
Illardn with publishing a libel nn the 9:11 of. February last, of and
concerning the preset toed Lieutenant. and to the tenor and pur-
• port set forth in such information ;to which the defendants
yneared the general issue.
The ATTONNEY.GENNR•L til.rl rose and addressed the Jury.
lie said it was his duty to state to the Court briefly, yet distinctly,
the grounds on which he conceived it necessary to appear before
- • them. But first it would he necessary to look to the nature of the
allege,' libel on which the prosecution was founded, and to detail
• lhe evidence en which he relied. to bring the offence home to the
Vetoes chsered. In the present case there were two defendants,
Charles Bolton Johnston and Joseph Timothy Haydn. :With re-
spect to the first of these defendants, there would be very little
eteces.ity in consuming the public time, for in him would be vested
the proprietorship of theppe:ri in /3which the publication of the libel
tad appeared. Ar the .of the 9th of Feb., C. B. Johnston
was re:nosed proprietor, an of this the only and conclusive evi-
:deuce would be affereled by the preduction of the documents entered
at the Starap.alice, as he was instructed. It was heti necessary to
• say something respecting the mode in which this prosecution had
been coat:octal, or rather of the rumours that had been blown about
reepecting the deLys that had been practised. and the manner in
. which till'prOseetteen was suspend el over the head of Mr. Haydn.
• I. was arms% misrepresentation to say that there were three or four
differettrprosecutlens,sithotigh perhaps there was no one who bad
- • regent ta character would make sech a statement. In the present
'prosecution, howevne beednsitlerel the first defendant, Johnston,
as merely a nominal person ; his name was used as a pretext, and
. 'he was quite secondary and subordinate to Haydn, of whom there
' ;was r. greet moral certainty that he was the author of the present
libel. Respecting the delay that had been talked of, all he couldt
• say wet this. that the information could not be filed till Hilary
• • - Term, 1n24 ; so that all that had been said about the vindictiveness
'art the prosecutors was totally :men:ported by fact. Tiro applies.
tions were made about clerical errors ; the word dun was changed se
• the word bat, and the word aforesaid was inserted preceding the
. • Cooney o'the City of Dublin. Of each of these contemplated alter
.eatione the defendant was served with notice. yet it was ground of
complaint that sufficient time Ives not allowed. It would be
necessary to explain now, that by the existing law of this
country. and he admitted it was a defect in the statute law that
• 'needed remedy, no special jury could be had in a case similar te
that nuw under investigation, ur !CAS there was a trial at bar. There
vas one observation further which he wished to make. This was
the first instance in which he feued it necessary to proceed against
any public journalist. He did not claim credit for this; neither
did he think it would subject him to any imputation whatever.
lie mould state without reserve, that he was fully impressed that
there were abundant occasions to justify criminal prosecutions, I
'and that it would be mean and unbecoming to shrink from the
• ..discharge of his duty. but it was s duty to be exercised with deli.
easy sod circumspection. Political libels on the public charactas
. of public men and public mesures, were net, in his opinion, it
. subjert for the exercise of the law, unless they were eakulated to
. welt: mischief by unjustifiable and injurious imputation,. There
were Crellin II hulesome limits of public discussion, and it was
perears safer to allow a Journalist to transgress the letter of the
ian, than to permit the 'pleb of the Constitution to be violated. It
•WILS CDC of the proudest prerogatives of our free Constitution to
`permit strictures en the structure and character of the Government,
and on the political principles of its members—and he, for one,
had advised the Noble Alaroils at the head of the Government
rather to rely on the fair and conscientious discharge of the duties
szt his otfrc—to the state of public feeling—and, above all, to the
Srogress of pablte prosperity and national quiet, than to dread any
censure of his political character, no matter how severe. Ilaides,
he thought that prosecutions for political libels, no matter how
much the libellee may have trailed in the commodity—no matter
'how much be may have ministered to the depraved appetites of a
portion of the public—that abort such a person was prosecuted, th.,a
tide generaffy turned. In ills favour, and he was considered as a
person who had been h-rdly tteeted. Ile weld(' now draw the at
vendee of the Court to the circumstances which went to fix thet
publication on Ilal dn. The article appeared in the Morning Staff,
of the 11th of February last. It would distinctly appear in evidence,
that Haydn was heretofore connected with two other ctemblishn
merits, the Patriot and the Ezening .Mail ; with this latter crab-
lishment he had now no corcern, although it was still published.
Fortunately, however, he had been actively and zealously concerned'
in it. It willbe proved, that, at the time of Ilaydn's relinquish.:
meet of thee:Hun, the proprietors of that paper, wishing to secure
a monopoly of him by a kind of patent, mulcted him from setting
up a rived newspaper; and it will also be proved, and it was in:
column:nee of this, Johnston's name was inserted in the Star.
lla mle.came the sole and real proprietor of the Star in the month
p;ben ►ost. Ve shall be able to prove, that before this he el-
l.
en i the functions of a proprietor—that he had a prospectus of
'.:the paper icserteel in the Finereon's Journuf—drat he paid the re-
vere*• of dee prospectus—that lee consulted with fiiends as to the
Riede. in which the paper should be conducted—that he spoke of
oils particular libel as forming no n.eun portion of the capital
that ka was to set up in trade, and that he considered it as giving
A kind of ;vial& existence to the Star. It will be also proved,
?hat be sent a draft of this very libel before Counsel for his
.opinion. to connub whether lie was within the limits of the law.
That this Counsel was eminently qualified to give advice in any
question of difficulty or complexity. there is up one who will ad-
...din more readily thin myself : but there is no one who knows him
that is not aware that he would be the last to lend himself foe such
a purpose as this. This Counsel was Mr. Cranipton, who did not
„know the: be (the Attorney-General) was aware of tine fact. We
• will Soluce the person employed by Haydn to transact this bud-
-nem, and your Lordships will see that no idea of profeesional con-
fidence an shelter the attorney from a disclosure. l'rofeadonal
iconfqleute he should be the last mien to violate, or to produce the
• 'violation of ; bet the circutesentees it this case were extmonlinary,
• the Court would sanction no man in an endeavour to recognise
• hails where safely would end, and punishment would come
wn. We will prove to you that; hold February to teetaber,
13
aydn ioterfered in the menagement of the Star. sometimes super-
• eking articles—sometimcs the press, and sometimes the cuts, by
the aid of which, lie it:men-es the public taste, and gratifies the
penlic appetite. In fact. Johnston caked to act, and Haydn then
became the avowed proprietor. It will also appear, that the house
to Parliamennetreet aes taken in (riot fir Haydn, and that he
paid various tradesmen and persons connected with the establish-
caret, for furnishing paragraphs, sc. He had not stated the name
' :of any witness. and he would new proceed to read the libel on which
ehts-pederent indictment war grounded.
. here Mr. Pet:Net:TT veld the libel, which follows:
" THE PROFLIGATE LORD WHARTON.
" About one hundred and fifteen years have new elapsed, 1111111
• Thomas Earl of Wharton, better known on account of the gross
profligacy of his manners, than on account of his talents, which
-were considerable, ruled as the bad Lieutenant of this kingdom.
411/, Lordship had spent the earner part of his likes the pursuit of
sucn sensed tII...aCUPCS as were, perhaps, excusable MOW the int.
DettICCA passions of his youth ; but, as he continued so be a de-
.2,,,,,, lice, even after be had puled the grand elimaceerie, the vices
of the offender with a hoary bead could have resulted only from
• irreclaimable depravity. While the Earl continued in the Go-
•varnment of Ireland, his conduct was excessively offensive. Ile
ire reed the Cl aey of the Established Religion uith art:dewy' !
lie viobted public decency by his low amours ! 1..-lie c., : lied
the dislike of the Citizens of Dublin, as they belietled he hod
thea.ded Forty Thensarid Pons&' arid aparards, in the cosi se of
Pao years, in order to retrieve hissluittered firtone !! ! And iit
.disgruted the liberal part of the nation by his inordinate love qf
;power !! ! Swift has drawn the Eerl of li'liartonn character k
Wert gloving colours—in such coheirs as will perpetuate the tee
collection of his vices, sod resider the name of that feed Lieu-
seam odious to the latest time ; but the superior refinement of
peesuat day will not allow, in a newspaper, the insertion of thelan.
goatee oldie nod want moralist, nor even permit • mitigated desarip-
;eon of the innuerahties he practised within the very wails of Dublin
'fflostiee
•• Thomas, Lord Wharton, had. like most other depositories of
power, his minions and his confidants. Certainly some of his fair
/leashes were of the Roman ellabgic Parilliii‘333. but be bad not
fait' the whole courts of his edmihisorattop et elvish adviser is
a. His Lordship had around him two persons of the most
depose** brume, and most werttless character.; and •altineugh be

V

intended to quarter every one of them upon the country, when
they should be no longer necessary to him, as implements for the
gratification of his avarice, or his ambition, or of another
passion which was peculiarly suitable to old age, still his
Isliiltip was supported by a numerous body of partisans, and
influential citizens. Two reasons can be assigned in explanation
of this circumstance. In the first place there was no badly in Dublin
Castle at the time, who would presume to maltreat any citizen
who might have condemned Left{ Wharton's political conduct—
and therefore pone of the Qsessis subjects dreaded that the Vice-
roy, Tr.'w seas bowed to erase the laws of the land to be strictly
obeyed, at least by his aunt servants. 'amid retain at his Curet may
/xenon,' %rho had grossly riautcd the public peace. In the second
place, his Lordship was enthusiastically attached to the principles
of the Glorious Revolution of UM ; and therefore he was never
suspected of countenancing, even through an error of judgment,
any measure which could poeeibly tend to enslave the country under
the horrible despotism of Popery.
" Notwithstanding the stinking and gratifying contrast which is
presented to us when we oppose to the conduct of Lord Wharton,
the conduct of Lord Wellesley—a contrast so highly to the honour
of the latter nobleman, it may seem to he a strange assertion, but
it will be found, nevertheless, to be strictly true, that the number
of Lind IWellesley's adherents, at the present moment, is infi-
nitely less than the number of Lord Wharton's adherents, in
the year 1710—that is. after the lapse of what may be called
the second year of the Viceroyship of the two Peers. It is eel-
dent that Lord Wellesley has lost the cordial approbation of al-
most all the valuable portion of the Protestants of Ireland,
while his Excellency has also to endure the mortification of be-
ing insulted every week by the members of the Roman Ca-
tholic Association, who ostentatiously profess to represent the
feelings, and speak tire sentiments of six millions of the people !
' Very lately one of the orators of this despicable faction, after
having inveighed, in most offensire language, against Lord
administration, compared his Lordship's official
letters to the vain and verbose epistle" which Tiberius, accord.
fog to the statement of the Satirist, sent to the Senate of Rome
, from the drar abode at Caprea. In truth, the Orator repeated the
very words of th• Satirist, in the original language, to the Auo-
.
elation ; and the newspapers which report the circumstance state,
that the members laughed Immoderately at the sneer—but surely
this was unnecessary so illustrate the pompous diction of the de-
spatches, and therefore it should not have been quoted. unless, in.
deed, the Orator also intended to insinuate what would have been
false, • that Lord Welieslcy could dissemble on occasions of
State. like Tiberius, and that {Woodstock was as charming a place
for the residence of a great Governor, as the Isle of Caprea !P—
-in the days of Lord Wharton, the Roman Catholics were neutral,
as they r•rther favoured nor opposed his mode of governing Ire-
land ; but as Lord Wellesley is openly undervalued by the mem•
ben of the Roman Catholic Association. speaking in the name and
in the behalf of their countrymen, it is evident that Lord I%.ellesley
ought no to boast of having the Roman Catholics ranged upon his
side. Indeed, another of the Association who formerly endeavoured
to hunt Lord 'Wellesley's brother out of the country, lately 'pro-
claimed hostilities, in a similar way, against Lord Wellesley him-
self ! These circumstances are singularly strange ; but, what is
stranger still, such eirennetaine,es never occurred during the admi-
nistration of Lord Wharton.
31any Protestants, who dislike the general policy of Lord
{Wellesley's administration, also deeply regret that his Lordship
did not, at lean in one instance, bestow the favours of the supreme
power of the State with suflie.ent discrimination. Thus, the ill.
fated Mr. Franks, who had been distinguished as a spirited loyalist,
on account of his exertions in bringing some Ribbonnien to jus-
tice, applied to Lord Mile:lcy to be appointed a constable in the
new police—for the young man had conceived that such an office
would afford him the means of self-protection against the conse-
quent resentment of the insurgent peasantry. The prayer of his
humble petition, however, was, if not refused, certainly not
granted ; and In a short time the ominous apprehensions which the
unfortunate young gentleman felt, were awfully realised, with the
horrible addition of the murder of his respectable, amiable. and
aged parents ! His application, which was supported by the testi-
mony of persons of rank and fortune, was respectful • his claims
were just ; his character was unexceptionable; his usefulness—for
he was a brave man, enjoying perfcct health, in the vigour of life—
was undeniable; but his hamble petition, notwithstanding all these
advantages, was not received, and the fatal catastrophe which ter-
, minwed in the assassination of his whole family, occurred in a short
time afterwards. _ _ .

" The Constitutional party contrast this refusal with the imme-
diate grant of a pension of two hundred pounds a year on the Irish
1 establishment, to another young gentleman, because that young
gentleman had been recommended by Lord ll'ellesley as a fit object
for Royal bounty. The merits of the latter lay in having rushed
into the upper gallery of the Theatre Royal, on the night of the
14th December, lta2--and for having thereby saved the life of the
Lord Lieutenant ! This was, at the time, a new and extraordinary
piece of information ; and therefore those who have now to deplore
tbehorrible death of Mr. Franks, and his hapless parents, deeply
regret that none of the murdered family could boast of being of the
/.01-Udet/ of the Lord Lieutenant !
" The young gentleman who obtained the pension of 2001. a year
for life, certainly went with the persons who followed Alderman
Parley into the upper gallery of the Theatre.—But the young gen-
tleman was not beaten; his eyes were not blackened • his face
was not scratched ; nor were his clothes even discompOsed. On
the contrary, Alderman Parley, whose coat was literally torn from
his back by the exasperated Protestants, was neither thanked nor
pensioned ! Indeed, Alderman Dailey, who would not disarms his
principles to gratify the whim of a Monarch erns, had some cause
to apprehend his theatithal from the office which he held at the
head of the Police of Dublin ! And at the time, too, that Al-
derman Parley apprehended this result, the Atterney_Deneral, who
owes his station to the influence of the °reveilles, held several
Protestants in gaol, uhdest a charge of High Treats's—although
the verdict of an independent and enlightened Jury in a short rime
proved, that the same Protestants bad not been guilty even °fa
common Theatrical riot !
" But how insignificant is Alderman Parley's ease, when it is
compared with the rejection of Illr. Franks' petition !—Poor Mr.
Franks, with all his merit, and all his acknowledged services,
could not get even a constable's place. which he solicited from Lord
Wellesley, in order to possess himself of the means of self-defenes,
and to protect his adored and estimable parents, while at the same
time he ' should have preserved the peace of the district in which
he resided. Perhaps the pensioned gentleman thinks his merit
fully entitles hint to the large annuity he has gotten; and that it
was quite tight to leave poor Franks, whose veins were sot the
channels of noble blood, either of a regular or irregular kind, to
the care of Providence! 'that young gentleman now enjoys all
the comforts of else and dignity at the expense of the nation; while
the mortal remains of Air. k ranks, and his parents, have not an
inscription on their humble grates, to commemorate such a hide-
otti anomaly in the social system, as that which conferred afflu-
.ence on one man, without any apparent cause, at the moment when
a meritorious subject, who had essentially served his country, was
left to pine in want, until ferocious assassins had perfected the
plan of his death, and consummated their revenge by the murder
of h:s whole family."

If this libel contained nothing but matter of public charge against
the Marquis Wellesley. be (Mr. Plunkett) would rather let it pass
unnoticed and unpunished than yin the hazardous consequences of
restraining free disease:on ; but it was malignant private slander,
uttered by one carrying on the trade of defamation, by a wretched
calumniator totally unknown, with whom the Marquis Wellesley,
at no period of his life, could have had any intercourse. He (Mr.
Plunkett) therefore thought it necessary, as a duty which he owed
to the public, and to the noble person so cruelly maligned, to
bring the renal scribbler to the bar of justice, where an loves.
Ligation might be had. The libel of which lie complained charged
Lord ll'ellealey with gross profligacy ; it also called him an old
and withered debauches. (Laughter.) This wu a serious ground
of charge. The libel also asserted, that Lotd Wellesley did not
indulge in that liberal expenditure and generous hospitality which
it was the duty of his high office to afford to his Court. it charged
the Lord Lieutenant further, with an inordinate love of power,
with gross immorality, with public indecency, and with indulging
in low amours. This was a serious imputation. It was holding
the Chief Governor of this country up to contempt and odium. It I
was calculated to interfere with the public duty of the Noble Peer
at thehezd of the Government, because, if this charge went forth
unrefuted, and unprosecuted, it must be quite evident that the
public would attach some credit to the imputations. It was there.
fore that lie appealed to the King's Bench to interpose its
authority. But the article, headed Lord Wharton, was not the
only libel that bad appeared. He would read to the Jury
another, giving an account of the assembly at the • Castle, en
St. Patrick's night. (Here Alr. Plunkett read the article from
the Star.) Now, this was talse, and Haydn knew it to be so, for
he had fabricated the falsehood himself. It was a malignant
slander, as all the suite of Lord Wellesley could prove. The
household of the Noble Lord were in attendance—they could be
produced at a moment's notice—they would not require the for.
mality of a subpoena—they would appear at once, and submit to
die most rigorous examination, to have an opportunity of proving
the rank falsehood of these odious calumnies, which were as
false as hell.' (The Attorney-General pronounced these words
with great force and energy of manner.) Lord IVellesley had
passed his time in a very diKrent manner from that described. He
passed it in the discharge of an arduous duty, and the pursuit of
those liberal studies and
.elegant recreations which had been the de-
light of his youth, and which were tie solace of his age. He
(51r. P.) did not care for what sect, or to what party, the Jury
belonged, but he hoped they had the feelings of gentlemen and of
C'hristians. He would be followed by able and eloquent Counsel.
but he was at a loss to think to what topics those gentlemen would
address themselves. They would hardly, he thought, rise to justify
topics, on the ground of the freedom of discussion, which he con-
sidered deadly and tkstructive. There was no more anxious friend
to the freedom of public discussion than himself. He hoped it
would live as long as the t'onetinition of the country ; but that
indeed was an idle wish, for the Constitution of the country could
not exist without it. But if even the Constitution were to be over.
thrown, and long distant may that day be, it would be overthrown
by the unbour.ded and unpunished licentiouanclui of the press,
destroying its freedom. Ile was not one of those who would mea-
sure expressions uttered in the warmth of the moment. (Here
Mr. O'Connell smiled, as did many of the friends of that gen-
tleman.) But here was a deliberate, a wicked attack on private
life. Haydn never thought of Lord NYellealey at all ; he was
merely a worthy gentleman compiling a history of Ireland for the
edification of the public ; and perhaps the Counsel on the opposite
side would blame his officiousness for seeking to fasten the words
on bord.‘Velleslay ; but it was the general rule, that words were
to be taken in the general sense which readers annex to them.
If the Jury conscienutously thought that these words were a mere
ebstrut piece of history, they were bound to find a verdict toe the
defendants. Yes, he would say, they were bound to find a verdict
fur the defendants ; but they must come to the conclusion that

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