The British Press; or, Morning Literary Advertiser.
London, England, 1826-10-03 00:00:00

THE mtrasti PR FP°

with great force and effect, in Mar?ect, to show that the intention was
not to
calumniate Colonel Arthur.) NOW. (lent! titan. how it
pn7ibie In di tort the publication of theerisl into an iff coition to
vilify Colnirl Arthur. lamat a /own to nntlerst•nd. Does not Mr.
Befit %nem the animas with which the article was intended by him
to hate born written—which wits to show. that altheugh a verdict
had gone agninnt Colonel Arthur, yet that it wan upon amcre point
of law, and that Ain character was altogether free limn reproach on
that autfii et it I humbly submit, that before you can find Mr.
Beat guilty of printing and publishieg, you must he banshee, that
be does so midie ously. Gentlemen, when I see the spirit avowed
with which this prosecution in condoned against the defendant,
an cnnviiiced you will be surprised to find that he wrote to Mr.
Stephen. offering to give up the author of every rine In the articles
for which lie was prosecuted. And yet, instead of accepting dint.
we hind Mr. Thimian, the author. brought here as a witness, or, to
USE his own expression, putting Mr. Rent upon a pinneele to plunge
Idol into the gulf of danger! Meaning of course the dungeon to
which Mr. Bent had been strut, instead of Mr. Thema& Gentle-
men. Is there no:hit:gof malice evitif..e in this? It in evident that
Mei object is not very friendly to Mr. Bent. Gentlemen, I ankest
Mi. Thomas whether he did not correct a proof of an article.—
, I put it into his hands. He swore positively lie dli not. I
did not want him to speak of thin with any reference to
libel, but to impeach his credit. Gentlemen, at the present
moment the defendant is immured in die gaol, for having
trusted to the pen of Mr. Thomas. As regards the firs: informa-
tion, I must nay that it is a matter of peculiar amity to 3lr. Bent
to let this inlinmation hang so long over his head. Van know,
Gentlemen, that I cannot explain farther; but this I :ill say, that
if the defendant had been prosecuted for that libel at the lime It
was produced, he would have been mon caufloua in hit future
conduct, and would have Instantly dismissed Mr. Thomas. But
here you are in April, 11.:26, .vting Xs. Sent. chargedwith baring
printed anthiablinhOtran &AWN October, 1024. I sae tinerntleo-
cony, and I trust you will think so trio, that at the time these papers
were I:obi:idled, :11r. tient hail not the smallest intention of villify-
ing his Excellency the lieutenant Governor. Mr. Bent was driven,
as a matter of necessity, to emptily one, who had appeared against
himas a witness, for that very /tonne which he Mown* prepared.
Gentlemen. if you shophl be of opinion that the articles are libel-
I us, and that you see not allowed to look quo anima these articles
were published, that von aid, if you should consider that
he has unhappily published these patient, recommend him to
the mercy of the Court. One very material oborvation is moat
important—alietlier:the defendant printed and published these two
papers. I niihtnit there is no evidence whatever of ir. lam quite
satisfied, when you come to look at the papers, that Mr. Thomas's
evidence, as to the Unicorn, in not such as to be relied on.
The CHIEF JUSTICE —I wish to ask the Counsel for the
Ctoan, whether they consider there is any evidence of coinpoaing,
or canning to be coniposcd ?
Mr. A ttorney-lleneral ow E—l consider Mr. Thomas's evi-
dence goes to prove that Mr. Bent caused the articles to be COM-
! pot!d by him. _

•
The CHIEF JUSTICE—I do not find upon my notes onydi•
rectevitlenee thee 54. Bent irotruckd him to write alum articles.

Mr. Auttrney•Genetul IIoNE—I have no wish to press that feel
against Mr. Bent.
Mr. lat.r.tnnANn then declined to call evidence. _

Mr. A ttorney.t II o sie —GentieMen of the Jury—the
first point which I *ball much upon in my reply is that part of
the def.ndant's Counsel's address, in which he expressed his cur.
prise that the defendant is now prosecuted after such a long delay.
and with a wife and several small children. Hateful, indeed,
would be the government which would have recourse to such a
measure. So far from it. that the government is most mindful of
that circumstance; and had the defendant been equally mindful of
it, he would have been differently situated. The conduct of the
defendant, in continuing to print and publish a paper-
-3lr. essinnaND-1 beg to ask your llonout if this is a ',toper
course of reply
Ale. Attorney-General Hoot --I shall then hot continue It. I
shall now go to the point. I have heard from the Counsel for the
defendant that he has much to complain of, being now charged
with writing two libels*. the first in October, 11124, the second in
February, 11123, and with their remaining so long unnoticed. It
might have been in the power of one of the gentlemen to have
sussed why such took place. A variety of circumstances have oc.
stirred in this colony to distract the attention of the lioveniment.
I cannot state all the circumstances which have oc,urred, but they
have barn the principal means of keeping the Government front
pre-entitle this case to your notice. It would be unjust to some of
the first panotrus in this island if I was to say more. This case was
tried, hotvever, in July last, and the defendant was found Guilty.
Mr. OELLIAR•ND-1, this fair, in reply?
The CHIEF Ji. wrice—Why, the Attorney-General, I pre-
sume, means it only in explanation of the delay.
Mr. Aoorney.General lIONE--I only mean it in that way. I
pledge my honour that it has been presented to you at the first pos.
sibleopportunity; and if a proper line of conduct had taken place,
I should have been the very man to have submitted to the Lieute-
nant-Governor the consideration, whether the present prosecutions
'Mould go on. Gentlemen. it was said that she defendant was
obliged to retain this very extraordinary man, Mr. Thomas. Was
no• there a very short mode of getting rid of him ? " Mr. Thomas, he
off; your 'fittings see only getting me iniodifficulties every week."
How is that to he got over? f rosy be answered, had he done so,
then Mr. Bent's paper most have fallen, to the ground! What
if it had ? Won] I not Mt. Bent have escaped, if he had
turned off this Mr. Thomas, and his paper had become extinct?
He would not have been exposed to his present sufferings, and I
should have been spared the ntortiflcation I feel in conducting this
case, an 1 which I must ever feel in conducting such. Gentlemen,
if Mr. Bent continues to proceed in a course, which, it' it is not
prevented, I mean by proper and lawful means, must be produc-
tive of ruin to all—high and low—rich and poor, he must be the
sufferer. Gentlemen, the Counsel fie the defendant, with the
greattst talent, which I shall always be happy to hear, because
little did I expect to find such in this Colony, stated that no inten-
tion could have existed to excite dissension between the Governor
and the military. Gentlemen, the line of defence is such as 1 have
endeavoured to adopt when I sat on the other side of the table, for
every Advocate does the best he can for his client. [Mr. Hone here
read the article again, in order to show that its intention was to im.
pugn Col. Arthur.] Mr. Bent must have had quite undemanding
enough to have judged of the papers when he went to his friend to
take opinions of them, in order to moderate them. finding them too
hot. Gentlemen, it seems Mr. Bent was formerly the Government
minter, and as such was the mere machine of Government. But
when he envied to be such. he looks fora man who crould write spi-
ritedly, with as notch force as passible, and as little feeling as may
be. Gentlemen, it is asked where the papers come from. Mr.
Thom+ sorcant they were part of the impressions published on the
days mentioned. in my opening address I read to you certain cases
of a similar nature. I shall now advert to others. 1 will
ask you, Gentlemen, what would be the result if there was no
punishment fur libel ? Governments would be subverted, and ruin
would ensue: private families might be plunged in the utmost dis.
tress by foul libel being dispersed against any given individual. It
is most desirable that this should be watched with the utmost MC
and attention. Lord Mansfield says that the licentiousness of the
Press is Pandora's box. rott will have the goodness to look et
these papers, and decide whether they were written with the pur.
polle of putting the Lieutenant-Governor's reputation fairly before
the Colony—you will then say he is not guilty : but if. on the con-
trary, you think that toe intention was to malign the Lieutenant.
Governor, there is an end of all good government, and anarchy and
conflision must prevail, and in such cue you will find the defendant
guilty.
The CHIEF JINTICE—This is an We:Thelon against Mr.
Bent, charging him with composing, printing, and publishing cer.
Min papers charged to he libellous. The points you will have to
attend to are considerably narrowed by tile Counsel for the Crown
not pressing the composing. The first point for your consideration
is, whether the facts are proved; and, secondly, atm is the in.
tent. This you must collect from the import of the writintr.
There have been a great many observations made here which
I do not mean to refer to; but one certainly has been in.
siated upon wills the greatest ability and ingenuity by the (bun.
set for the defendant—it is the ignorance of the defendant
as to what was the effect of the papers. It is certainly not neces-
sary to prove express matter uttered in so many wilds. If the
tendency of the writing be what it Is imputed, the writer and the
publisher, in the absence of all evidence to the contrary, must be
implied to understand such. [The Chief Justice here referred at
great length to several casts as to the criminal intention of a pub.
Halter, in whirls it was invariabky held that all publishers are lia-
ble for what they make public, even in eases where they do not ac-
tually know what were the contents.] The evidence in this case,
gentlemen, depends principally upon Mr. Loan Ilenry Thomas.
Now, gentlemen, the whole pith and marrow of this article
depend principally on the words " Oidennite of tyranny."
if you are satisfied that Mr. Win is the printer, and as such the
publisher, for there is no evidence ofpublidung here. With respect
to the brat libel, Mr. Thomas says, he was two hours with him
before he agreed to it. It you are satisfied that Mr. Bent did
really mean to malign the Lieutenant.Goveenor. I have no hesi-
tation in saying that it is a libel. If Mr. Bent or any body
else is upon a misunderstanding with Government, to accuse thei
Governor of tyranny is a libel. The other part of the in-
formation relates to a supposed trial; you have heard the aver.l
ments, and it is fie you to say whether they are proved. It '
is of great importance, gentlemen, NI. rata to be certain that
these articles, if they be libellous, are so as regards the Lieutenant.
Governor in his character as such. It is, however, your province
to decide upon the actual meaning of the words. Ilia Honour
ended a very long and able adder'ss by requesting them to bestow
their utmost attention upon the whole circumstances of the ease,
and deride thereupon, as he was certain they would do, consci-
entiously.

The Jury retired for about an hour, and on their return the fol-
lowing venlict was recorded—Guilty upon the 2d count, Not I:uilty
upon all the other counts of the information. This count was For
printing and pub:ishing the fir►t arkle, containing the expression
Galronite of tyranny.

SVDDEN DEATH.—Yesterday an inquisition was taken
before T. Higgs, Esq. at the Coach and Dorsey, Breton-street,
Berkeley-square, on the body of Mr. Thomas E•cutlier, aged 31,
Principal waiter at the Naval Club-house, in Bond-street. The
deceased, it appeared, was subject to fits, but hail gone to bed on
Saturday nigia in apparent good health; not coining dawn as
usual On Sunday morning, the under-waiter went to his bed-room.
where he found him in bed, undressed; bespoke tot'is deceased
several times, but received no answer, and Wood, to his great sur-
prise, that he was quite cold. There was nothing in his apartment
to lead to a suspicion that he had destroyed tun:sell. Verdict—
" Died by the rteitatioa of (W."