The British Press; or, Morning Literary Advertiser.
London, England, 1826-10-14 00:00:00

CARR OP MR. BEND.

[From the Sydnty

SUPREME COURT, HOBART TOWN, Mow omr. MAT 15.
Mr. Steph-n, the Solicitor-General, having given notice to
Mr. Bent that he would be this day brought up to receive
judgment upon the verdict returned agairst him, Mr. Gellibrand
moved the Court in arrest of judgment, upon the ground that,
as Mr. Bent hail been. found guilty of printing and publishing.
and that the only evidence of publidiing was that lie had printed
the article In qu alien, which Chief Justice Pedder had rut, d to
include publishing, that such was a sefficient ground on which
the judgment ought to be arrested. Mr. Gellibraiitl argued this
point at considerable
.length, and with his Igual ability, and
produced a number of authorities in supprirt thereof.—. Mr. Hone
and Mr. Stephen referred In the evidence of Mr. Evan Henry
Thomas, and contended that his evidence went to the publishing.
His Honour, the Chief Justlre, however, seemed to consider that
Mr. Thomas's evidence was only general, and that it dot Ent
extend to the particular newspaper produced as the trial; mai he
consider rd Mr. fiellibrand'a objection to have so mush weigh,.
that lie deferred delivering his judgment until next Monday, when
Mr. Bent is to be again brought up to receive the same.
l'osivcrim.—Friday, May 111, 3 p.m.-3Ve stop the press to
announce that we have received information from a source in which
we place touch confidence. that the Lieutenant Governor has re.
ceived deep itches of the higliest importance, in 86 days, from Eng-
land. forwarded to Rio by a steam-parket, and from thence hire.
per Atalanta. A 3lr. Ellison' is appointed Colonial Secretary, and
may be daily expected. We have not time to make public the
further information which has reached us until our next.

SUPREME COURT, Moxinat, MAY 22, HUG.
THE XING P. 11E2:4...
The point under discussion as to arrest of judgment in this ease
was again argued this day, ansi Mr. Oellibrand, the Counsel for the
defendant, was heard at considerable length. His Honour the
Chef Justice remarked, that so far from there not being sufficient
evidence of publication. It appeared to him that the case ha.; been
proved three times over. lii• Honour cited the case of Elphinst one
v. Baldwin, for publishing a libel in Ind, when it was ruLd that
printing included publication, and the pesuf ef the former was suf.
Reim' to prove the latter. Among others the case of the King
against Pierce was instanced, fur a publication against the Duke of
Athol, which was tried by Lord Kenyon, a strong protector or the
litrevrios of the rapt, sod of the press. Lordship there sail
that it was not necessary to prove the printing and publishing of
the particular paper produced in Court.
An affidavit of Mr. Bent was then read.
The Learned Judge, in proceeding to pass sentence, nhaervNl
that in the affidavit which had just been lead the defendant had
stated that the libel was written by Mr. Thomas, and that he
was ready to give up the author; his Honour cvuld not, how-
ever, forget that he had assisted in revising and correcting it
over several hours, at.d in the defence ingeniously made by his
Counsel, it was asked whether be could be considered to under-
stand such language; but Cie evidence showed that he perfectly
underitiood every syllable of the article, and that he was aware it
was to impute most improper conduct to the Lieutenant-Governer
of this Colony, and that lie (the defendant) was treated in a tyran-
nical manner. When Mr. Thomas stated that some p tss:ges
might be considered libellous, he hail wished him to produce a
meliorating article, which he called " plaster for the womul." but
there was no evidence that that had been done. Instead of which the
very libels for which lie was then imprisoned hail been produced
after the publication before the C.turt, and against the same person.
Except his having a wife and family, his Honour did not scc
much to entitle him to milption. The case was one of consennence
in this Colony. It could not be permi•tol that any one should he
charged with tyranny, where the perinea* ruling had duties to dis-
charge, as connected with the affairs of the people, difficult to ado
give not known elsewhere. Ilia Honour did not forget that the
defendant was tt.en under imprisonment, and lie took the circum-
stance of his having a wife and live children into consideration in
fixing the amount of the fine as they might suffer. The sentence
of the Court was, that he be bound to enter into recognizance to
keep die peace, that he be imprisoned three cads: dar months, and
that he pay a fine of 1001. to die King. His Honour added, that
lie trusted the sentence would tench the defendant not to be the tool
of a faction of the !Worst description.

CORRESPONDENCE BET W EEN MR. KEM P AND
51 R. UELLI BRA NI).
Hobart Town. May 15. 1626.
Sin—l have the honour to communicate to you, at the request
of the principal inhabitants of this town and the neighbourhood,
that it has been determined upon, as a testimony of the yttblic ay-
probatiroi ot your able,upright,impartial and. independent conduct,
in the execution of the high public office to which his Majesty has
been pleated to aproint you, to request the honour of your company
at dinner, on the 29th of this month, at StotlarCs Hotel.
I take this opportunity of adding the great satisfaction I have in
having been selected by toy fellow-colunists as their organ of com-
munication on the present occasion..
I have the ItoMiur to be, Sir, your obedient humble servant,
lENN KE:;le.
To J. T. Gellibrand, Esq. IL M. Attorney-General.
Hobart Town, May 16, 1326.
DEAR SIR—I have the honour to acknowledge the receipt of
your letter of the 15th instant, containing an invitation from *One
of the principal inhabitants of Hobart Town and the neighbour-
hood, at dinner on the 29th instant. as a testimony of the public
approbation of my conduct, during the time I have executed the
duties of the office which his Majesty has been graciously pleased
to confer upon me.
From the native of the charges preferred a'ainst MP. as well an
the letters of the Solicitor-General, which have been published, you
cannot fail to have observed that the leading feature is the accusa-
tion of a strong poltical fe. ling on my part, hostile to the present
Government, and of an admiration of writings stated to he of the
same tendency.
How far these charges have been supported by proof I have al-
ready submitted to the public, by the publication of the case on
the part of the prosecutors. It is upon this ra.-parie statement (for
evidence I cannot call it) that his Excellency has considered him-
self warranted in removing me front the dullest, and to deprive me
of the salaries of my office; hut against which removal I have
appealed to This Majesty in Privy t ouneil, under the terms of the
Statute.
1 ant perfectly well satisfied that the mind of his Excellency Ills
been prejudiced by these representations: but it is well known that
I have never mixed with politics, or identified myself with any
party. I have upon tvery occasion tried to preserve the honour and
dignity of the Crown on the one hand, and the rights and liberties
of the people on the other, note of which I hope have suffered in
my hands.
Linder these circumstances, and pending the appeal, I am under
the painful necessity of declining the invitation which has been so
kindly conveyed to me ; and, in doing so, I assure you I feel most
deeply the friendship and assistance of those gentlemen alto have
authorized you to make the present communic Mon, and that this
obligation is increased by the selection of yourself as the organ of
communication.
I remain, dear Sir, your faithful and obelent servant,
Anthony Fenn Kemp, Esq. J. T. OELLITRAND.

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