The British Press; or, Morning Literary Advertiser.
London, England, 1825-02-01 00:00:00

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IRtj4ND.
LT OF LINO' S DENCH. DinsLig, rix. Ft.
1111111 D. DAY.

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LIBEL ON THE LORD LIEUTXNANT.
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• This morning, at ten o'clock, the Judas took their seats on ohm
Bench.
The SOnterTOß-G EN Filet. then yore And adt!teaStl tie Jury
in reply to the °bans-m N iens of Messrs. TB and 0'
Ile contended that, by the existing lann as laid down la the
case of the King n. Walter, the patty who was proprietor of a
newspaper was liable for what appeared in that paper, even aln
though it should appear without his knowledge. It was iron_
strum, that anserson who shared in the profits, who pocketed the
emoluments. of the paper, shouhl not be an-,werable for shindering
the characters, and woniwling the tiding!, of individuals.
the propriety of this Moctnne, the conniction and the commit
causedldie public went. That critninaliy, as well an eteilly, pm.
prietors were liable, Lord Kenyoo had ruled ; and that this do;.
trine hid alto been held by that great luthinary of the law, Lied
Hale, by Mr. Annice Towel, and by Mr. /mince Feller. It was
nut, therefore, the mutt/tromp domibe of the day-nit warthe old,
the received, and the settled law, founded in region, and bottomed
in justice. Were the public to be subject to the capricious vlbdie.
rive:lets of editors and proprietor, witlinut legal redissa we gigged
remedy ? Was the real delinquent to be s!uelded by a man of
straw ? and were the penalties of the law to be evaded by a dex-
terous mutation of proprietorship ? He let old addrear the Jury
more particularly respecting Mr. 'loran. The Jury were aware
that the proprietorship underwent a change in October. that the
" And Fashiatior.e World" was omined, and that Haydn then
commenced being the registered propticros. To all intents end
purposes, however, the peper the same as when flat do
had distributed the prospectuses to Sterrett. What did the con-
reflation with Kean prove ? That Haydn sas from the mea-
t permanently interetteal In themencern. Whets ea the
words, " that a Morning Paper was mach *owned, sad times he
would set up one hinstelf." At this time Johnston had not made
his appearance to team, and Haydn was the person to set the
paper up. Johnson did rot write to tnterrett, and althnugh. lie
might have been the registered proprietor, yet Haydn was the ain..
ducting person in the establishment. Kesrn applied a second t: tyre fer
a situation, and the reply then was, that he was not then quite pre.
pared ; that he bad not taken a house for the establi,hinent. 11 hat
did this prote ? That lie, Haydn, was not a mere ecessionel ear_
tributor, bet a person having a perinanett interest in the establish.
went. He afterwards took the house, 24, Parliatnent•strect ; I e
meets Kearn again ; calks On him again, and Johnston was them,
and only then, held forth as the proprietor. There was then a
conversation on the r.r.offirio. Haydn appeared alarmed, mei
Johnston not so much. Hut Haydn soon recovers himself, and het
'vs, lam glad as 1,000/. they have filed the cc-it:six—its in be
the crowning of the Star. It Haydn bad not a permanent end
positive interest, what reason lad he to wish that the eanogreio
which was threatened him, would be tiled ? Bet it appeared that
in speaking of this publication, Haydn did not deny it. and in
talktng with Kearn of the report of a trial for the Star, which that
person had taken at Comm', he mks, and did or Coursel say
the Paper was not profitable ? Ream too sees Haydn in
the editorial room. If there were no other evidence, as
you doubt that? Ilaydn asks him to give a report of the
drawing-room. If Haydn were in *subordinate station, why could.
he not do this himself? But Kearn would not promise to do ft,
having a situation on the Patriot. Ile had a reporter of his oar.,
but he could not depend on him, and we find him slipping out ao4
looking after his reporter. We find hint in Sep'center saying e hoz
the Editor of this Journal was Editor of the Patriot. Now there
was no other person in the establishment Edi or of the Patric:, end
we have the testimony of Aldritt that he gave express directions fur
the printing-presses—that Haydn pays for the first part, Jobr.stort
for the second part, and a clerk for the remainder. We finil in./11r,
Crowleeli evidence that Haydn gave fir more orders thee John.
smn. 'We rind, too, Haydn promised Walsh a situation, when in
his power; and that when the Star was about to be published.
I Walsh called in 'wain, and that Haydn then said that he •oeld
have none but the best workmen, as he would pay well. Wher;
Haydn was talking with Sullivan, be nodded assent. Was not this
evidence of his authority, and that he directed everything that he
did rot leave to the management of 14rray, his overseer ? This
was not the conduct of an occasional mfitributor. The neat thing
was the evidence of Barry, who knew that Haydn was in the edito-
rial department. Scott said he was employed by him as bookkeeper,
and that Haydn settled the salary ; and the eider of Haydn for ail
pecuniary matters was always obeyed. There could be no doubt
that Haydn read the Star—that he was familiar with the details ;
yet he has not brought one person from the °trice as s witnessn
his part. It was contended that the present libel was an exercise of
the freedom of the V7eAS. Them was no one more friendly to the
freednin of the press than he was; but he thought that these wl
claimed the exercise of a " chartered libertinism.' in this way
might as well say that the air and atmosphere around us le free ard
fresh, while the element In which we dwell is pestiferotis and Pesti*
lantiaL so to contend that Ilia present libel was net ef Mahe' tonere*
which he would designate as tainted with pestiieloial venom, sr4
as pregnant with malicious feeling. In all the varied relit:limed!
life there was nothing so valuable so repute. ion. It was the jewel
fur which the meanest and the lowliest man in the community
sought able. Wounds on the body might be cauterised and closed
by the application of a healing remedy; but where was the myna c
for those wounds of the mind, which were aline impalpable and ,n,
curable ? Bodily ailments were under the dominion of the healing
ing art, in the precise ratio of the robust and rude health of the pa,
tient ; but wound, in the mind were incurable and irremediable,
in the degree of the sensitiveness and shrinking purity of tie vice
dm. The liberty of the press might not he inaptly cempared to
the exhibition of a strong and powerful medicine. If administered
judiciously and in due and proper time, it became a source of r.feend
longevity; but if it were applied without being meted according
to strict rule, and in an indefinite and boundless prodigalny,
then it because a poisonous pervetsion, ulingling with tee
healthful Juices, anti "turning into gall the bread of life."
It corroded into the vitals of the victim--it decremed his stmegth
and paralysed his power—and precipitated that bodily
dissolution which it was ea Whited to preserve. So it was with the
liberty of the press. If tut ered to exceed the healthful and whale.
some measure, it was perverted to a poison the more deadly mid
dangerous, from the solemn, and often the sophisticated, secures,
with which it was sought to be ndinir.istered ; and at length rte
patient and the public found the dissolution of all the mural ties Gl'
society precipitated by. that which they had fondly conceived thew
stay and security, their hope and their haven and he who hue-
git ed that he would descend to the grave, consoled by the ber.td.e-
noes, and cheered by the solace of a hope beyond it—mho fondly
dwelt with pleasure, and pride, in the survival of his mennity Le.
yond the narrow precincts of the silent tomb, might food that tomb
kneed against the tear of sensibility and the 'sigh of sorrow, by the
presence of those pestilential mallations which sprung nom the
ashes of an enmity exceeding the limits of ordinary morts:ity„anu
which transferred to the monumental marble, and to the incite
durable records of • not impartial himory--theeridenne not of truth ,
of justice, or good feeling—but of a hatred, immoderate, unquench-
able, and unchristian.

The hISTICIC thin addressed the Jury. Atter reay.i-
tulating and observing upon the evidence, his Lordship confirmed
—" Gentlemen, do you believe the Witnesses, and does the evidence
that they have given satisfy you, that, on the 9th of February, this
man was the general Editor, and that he partook in the particular
libel which appeared in the first Paper. so, Gentlemen, ycu
will find the defendant guiky. The next consideration is, whetthr
the particular composition is a fair exercise of the liberty of tte
press ; and it is my duty to tell you, that if you believe it to he a tn -
exerei us of this privilege, it is not a libel. gut, Gentlenxa, the
liberty of the press is interwoven with the liberty of the so ;
and it, in the exercise of the one the other shall be invaded, Cr;
bound, u guardians of both, to redress the aggrieved. Von tit
therefore conclude, Gcntic men, that it is not a fair exercise of tin:
liberty of that press, to defame our fellow-chitmt. l'he remelt
publication is of that dais of libels which defame men holdlng pcb.
lie situations. Gentlemen, by the state of the law in this seta ty,
no man possesses the right of defaming the character of a
man, no more than be possesses the right of Uefaming privare
viduals. If it ware otherwise, Gentlemen, tits future jitnice tf ;; e
country would be endangered, and the public opioi,_m would I.e
wised against those engaged in public duties, by ew,,ssi3ltlK:si t 3
the hatred and contempt of the public. NV hethr. time emsts e
right in every individual to canvass and eriticl.,e the characters t;t•
public men, and whether suit criticism is aa exercise or et, e L'eorts
of the press, is a question for your cona?..utratiun. Tjtt I..asuesi
the Court was satinet to express its opaion. yet
Judge then stated, that what wan tr was not warn
within the province of a Jury. Ile referred to the doubts fro-tautly
en:ertained nn this ariklect, and to the deetltrity prevailing row, so,'
said, that though
the Jury were not bound to follow it. lie allowed the states ct
every man to er.press his opiraon nit the
public characters of e.i
engaged in the (knee:intent, hot. rot on their private. If priest,.
ellaraet= was norninli no one aoukl accept of situations o: pub!
trust. Libel might consist i 3 allegory, irony, or caricature, sad .t
would he for theirs to consi
' 55 whether the percent pub!iea non 'fr is
a matter of history, or waling and 'abacus. 'l'hey consitu
the words in their ore:Luny acceptation, sod if they had any di th-
cult}, in coming to a the, would leak tot. c octet r
paper given in ex...dance. The Learned Judge evntludtti by ski a
stating, that the Jar) were not in the sligbust &gm: to t c guided
by his opinion. It they tlecenniard that the rAtlirat; n wt..) a
libel, they would say which of the defendants was silly of it. or
if both.

At two o'clock the July retired to ctinc".4!..r !le ren*,(l. Alto
minutes to three they came into Court, and al.notinced that lihrt
was no likelihood of their agreement.
Neither the Attorney nor Solicitor Gencral wits present. An ct
press was sent to the Park for trio Attarrcy-General, and Nimrod
at half-past four, with his cansent, en which the Jury wets egad t
celled in, and dischargcti by the (:ours.
Counsel for the Crown—The Attorner-Genrral. the tzulicieur.
General • Sergeants Lloyd, Lefroy, az.l Geoid; Mr. theme, sod
Mr. D. i'lunkcit.

CormsLl for the ilefent/ants—Mcsua. North, O'Connell, Scrim
IL Walsh, Roceync, and llnc.