The British Press; or, Morning Literary Advertiser.
London, England, 1819-01-18 00:00:00

TIM CHASE.

LAW INTFLLIGEACE.

COURT OF KING% BENCH, B,,,ToanAy, /*scum 10.

WARD a. CLEMKNT.
This wee on action for libel, brought against the
Proprietor of The IThiereer Newspaper. The libel
complained of appeared in November, 1317. it, the
Monday impression of that Paper. and contained
strong reflections upon the character of the Plain-
tiff, who had, during the suspension of the Habeas
Corpus Act, been imprisoned in cotnuinn with
others, and lied been suspected of n connextou
with INlffle incendiary characters et that iiiiftirtniiiite
period. The Plaintiff was aroused In the- ill1h11(1.
lion, not only with being a sedit.one person, but
even with being one of the selected feeders of an
enterprise. the object of which was an attack on his
Majesty's barracks. and a direct invasion of his Go-
vernment. The damages were laid at Five Thou-
sand Pounds.
Mr. CHITTY opened the pleading*.
Mr. SC A RLETT stated the case. fie should, he
said, chew a claim to a verdict upon the great prin-
ciple' of the Constitution, and only touch incideti-
tally upon other ;solute, which so naturally sag-
ge.sted themselves in a case where so mach persoicil
iiijory was sustained. The Plaintiff was now a poor,
a ruined man ; he had commenced life io the town
of Nottingham, in in humble• way. as a jaurties -
man mattufacturer of lace, and by his iiitegrity
nod industry became much reeptctvd. In a few
years lie found that the fruit, of those habits,
fir
which lie was remarkable. 'stabled him to employ
others. Ile became a master, and to the
favoureble impression of his character, by credit.
it;ily supporting an aged mother. a wife au.i chil-
dren, to whose society he devoted hinuo If. Ts In..
priate, and retired, :nail frugal. he permitted the
security lie enjoyed in the bosom of hi 4 faintly to
he disturbed by no political discord. Hie anxiety
for the prosperity of those wham avocations e,ieen..
bled his, induced him to become a ineinber of a so-
ciety for assessing the price of work, and such wit.
the idea entertained of his integrity and worth, that
the members elected him their treasurer, * situation
which he tilled to the -satisfaction of all. At that
unfortunate period of distress amongst the journey-
rarn, on which dissentious arose, the humanity of the
Plaintiff was easily discoverable, fur it was sons found
that lie had not kept pace with the more opulent ma.
nufacturers in reducing the wages of the workmen.
He had been poor himself, and he pitied the poor—
he had known what want was, and he chose rather to
tdeck the progress of his own accumulatitnatilan to
Oninisli the cogaforts of those by whose labour lie
had attained his luperiority. The consequence of
this generous feeling was the rallying round him of
numbers of workmen, Ltifl the jealousy of those who
had acted upon a inure 'interested system. No one
doubted his integrity, he continued to pursue
au
undeviating course, content with the advantages re-
sulting from his industry, and happy in the coni-
mendotion of his own heart. At length those this-
emotions with which several parts of the country
were agiatted broke out into a formidable shape,
and here the propriety stamped upon the Plaintiff's
general conduct was not backward in exhibiting
itself. He exerted himself to the utmost to check
the progress of those unhappy ebullitions. Go-
veruatent thought it iiecesury to interfere, for out-
rages were committed which required the interpo-
sition of a stronger authority than that of indivi-
duals. Several of those who were presumed to
have been implicated were apprehended, awl as it
was supposed that some might have been improperly
suspected, it subscription was set on foot to obtain
for the creased the advantages of en able defence—
s thing the more necessary, us under such circurn-
i:tances a difficulty might arise in procuring an
unbiassed Jury. The subscription was made
in the most open manlier. and none of those
who subscribed laboured owler the sl.glitest im-
putation of disloyalty for the part tiny had taken.
The Plaintiff was applied to to receive those
subscriptions, lie refused, hut on being pressed,
consented to perform the office, and acted in this
new capacity to the satisfaction of all. It was worthy
of rem..rk, that of all who .had been accused hut
one was convicted—a proof that :he Plaintiff was
justified in his opilfsan that his own conduct was
deserving of no reprehension. He, however, he-
Caine an object of suspicion, and upon the suspen-
sion of the Habeas Corpus Act, was considered a
person of such formidable character by the Ma-
gistrates that they thought it due to their own
character for activity to exercise the power which
was just given, and issue such directions respecting
him, as a degree of zeal. rendered intemperate, per-
haps, by their suspicious, dictated. On the 10th
of Jut:e, 1817, while with his fatuity. ten or
twelve constables entered his house, and without a
warrant proceeded to search F.a house from top to
bottom. They did not omit to examine every
canister and thimble, and to this day no motive was
stated for so extrawditiary a liberty. Judigtioni at
the insult, lie4letermined, with the feeling natural to
an Englishman, to complain to those from whotti he
expected redress; and by the advice of a professional
gentleman, whom he had consulted as to the best
means of vindicating his character from the cootie-
iptence of such an outrage, applied to the Magistrates
for an explanation. Conscious'
he demanded the authorit
his home and the peace
He was advised to Berl
dependence. and with
giity, persevered in
strange and wanton pc.._
such as might be imagined, where power was wield-
ed by those who were utiqualified to use it with a
moderation that shed o glory round authority. The
Plaintiff was committed to prison. Ile asked them
for bread and they gave him a stone. lie lay cap-
tive, unprotected, awl abandoned, for sonic nine:
a warrant then came down fur his removal ;from
Nottingham, and lie was conducted to Culdbath-
'fields prisuti, ironed and chained.—.[Here Mr. S.
cotnp:insented Lord Sithnotoli upon his wall-
known humanity, and tooted that his Lordship hail
litimattd to the Platistilt, that he should hose
every advantage :4 person ill Ins situation re-
red.] —Fi om Cold bath- lit lilt pi 'son he :vas
11.1111. At d to the county gaol of Oxford, where
iii remained till the 13th of November, Icl7,
its colifinetnent almost solitary ; maid trona theiii.e,
without being lammed of the cause of so
a chaos?, was returned to the bosom of his LI.

Ott W. timidity last Mr. SoHale's fox•buonds tort at Red.
about Wood : :immediately they threw into corer they tomtit a
Cox, :pool he made for tiro earth, hut tieing stopped, hr took a
ring; round the low country and made for Nuffield Manske,
up to White Hill, II Ek Martlen Park, Mr. Malted?*
country, and across from theore In Wickham, in Kent, where
he went to Crotiorl after a run of three hours. He was view-
ed several tones before hr went to ground.
Mr Jolliffe's fux•hyunds will meet on Monday, at Wilton
Heath; me Wednesday, at Stoottelsoulby-latie ; on Saturday, at
Lyme Park; un Monday, Coe 26th, at the 23 ontle.steme,
Reigate-road ;on Wednesday, at Nruckhatu; and 011 Satur-
i day, at Pitugswettr6 Gate.

k. NAVAL COURT MARTIAL.
4

Captain James Hanway Plug ridge, of 1411 Majesty's sloop.
Sappho, has been tried by a Court Martial, at St Helena, on
charges of tyranny and oppression, preferred against him by I.
his Purser, Ml'. Rotas Mackintosh. Present—Captains
Francis Stanfell, Robert Wnuehope, George Rennie, James •
Wallis, and John Gore. The sentence was as follows
" The Court having heard the evidence in support of the
Charges, as well as what the Prisoner had to offer in his de-
fence, and the evidence adduced in his behalf, and very ma-
turely and deliberately weighed and considered the same, is
unanimously of opinion that the charges had nut in any part
been proved; and they do adjudge the said charges to he
1111'lliC111, matiouP, and ill-founded; and du therefore most
honourably and fully acquit Captain James Hanway Plum-
ridge, Commander of his Majesty's sloop Sappho, of all and •
t every part of the mid Charges ; and he is therefore most
honourably and fully acquitted of all and every part accord-
! iugly."

•

. . . . . . .
milt' in his netive town. Rut he returnednith a , comstence that had lately come. ta his kit:tole/foe, •
htokelo spirit, iii 4 mother redone(' to extreme Au ingetlions foreigner, who was perhaps ime.
misery. to ot wife lookeieshearted. His ccesst.ience • guidon:l with the engines of this Guyer 00000 em,
wits, however, void of offence, slid he lacked Co- 1 bad trailishoesi n work, tioitling to blase that
sr oil to increased industry for the itoolis of &nal- l tiara Were ilinidlifitilt9geS connerted 571111 the sacred
ieslhoo the csilectioies into wilich be hail heeh 1 Wiles*', which rendered the pftilretlain of It Ull.
plunged. The Jury would be ~,:rpri.ed att., ;test. 1 odvivabltOrThee man who weal,' eseal this sm.
that what hail been kept u Witt front the Plaintiff .i 'portent irloit should he couside,tol a public
was published to all Fliglmid by the Edirtor of a , enemy. ikao in proportion as the right which
Newspaper, which mourned in its toile to derive its 1 he ettempted to violaie wis seortal, that violation
embroil)? from a source Of matioesliosinble troth. onght to be punished. Toe liberty of the press
And here the Leer:led Cntooel sail he wield mete, I meant that all might thitik as they pla*ed. and
that he believed front his stool iltere was troth in t;n.. that
what they thought, withoitt previtienaemistrui.
inslinc:1•0111 lie had receiver), ili clariiig • that his I Bat tutu liberty was 111rOMpatIble with tile power
which !In destroy private character. If that were the de-
etieot• wos whoolly i iiii ocent of the comes with
he was thus charged. He wee loot a ittiosober of ! Ileitis's' of doe lite toy of top press, it wetilil lie
a
any political society. nor dui lie take is putt in the i sleosotians under which soil sum could love. This
polities of the day. Ha lived retired with; his fu- `,whoeac'fi power had hero abused by NI . Clement,
Indy, and all be knew of politics win; derived , had wielded the irsiolity engine that g.ore and
frmn the daily sources of intelligence with whirls I look awe). clusiocter, and had the pow-r to throw
the public were supplied iodise n-lonise, will: u hand
never saw Oliver, ukr did he know. eXcrpt froMpl ;voided by amnesic brat sentiments of beeionity so
minion, that such a person existed. He etpected, i ago-Prime to the isoasessor. The p-rsou pleaded fur
on returning to Nottinoliam, that his former plot i wet a Mall of hoeeos temlwririe life—tiiihappyo-
-1
character would remove tiny bad intpresston that ! loud been or cowire for severs' months, without
might have been made by the disgrace of imprisolos guilt ; tool *rood ilia object was the anthority of
I
ment, and that a future investigation would prove the press exercised : against hint were the mutts of
that he hid been persecuted. What. then, must the people prdsotort, toy the "note of this publica-
have beet' his feelings, upon finding the Paper now lion, which represented Idol ear snarl capodde of
in Court containing an attack upon bins which had treason. *roil, mod reytilut . Why 'Mould this
been circulated while lie was its privet], celculeted I be added t., the stock of calsatity of 'Lim who had
to poison the mind of every one in wheat ear the been snatched front his family. with whom he butt
name of Ward was sounded I , end published with enjoyed the sweep of los iodising,' too dearly to
such ars appearance of authenticity as to render think of clietnehloto the lauds in which • his labours
disbelief. of till its circumstances impossible ?... heel herb rewarded ? Woh-respect so the damages,
Whet would the Jury think upon hearing it proved it was only necessary to ray, the Plaintiff bad beets
that a considerable number of papers were issued lordlier(' when holiest no means of vindicating him.
from The Observer Offices each with a blank side, Pelf, and that the injury hod gone into extended
without *toy *tamp, on Monday. November hos Pro- circulation by the itisluster of him to wfiotu he
felling to give an nes:mute history or the disturb. o wed ties outrinage uponence his
was feeling
n.
called
since., and of sill those scenes which led to the sus. Ilse followg et' d the ;—
penelosi of the Habeas Corpus Act, as sf 7'he Ann Ward examined 4 Mr. DENMAN.
Observer had Osten made the organ of Gorerneneir
• ?
Witness is the deugiiter of the Plaimitf, Frank
Was not this calculated to affect the tribunal a Ward ohe is is lacesonatinfactener, conducting; his
justice. and. to distort the public opinion ? en.. own business, and einpleying ten or twelve jou, teo -
der what colour had NIT.. Clement presumed to pub. mete Wiliness remembered the constebles cont.; e
lists this calumny, and to insinuate that he had an to tier father's house on the 10tIs Jane, 1817, aad
authority Mot to be shaken by its insertion ? The scorching its but they did pot take any thing assay.
Learned Counsel would say, for lie larked without
'They remained these newly an•hour. loud when they
prejudice, that he constdered The Observer a went away her father followed them. 'this was on
respectable Paper, but that charas ter rendered it the Tuesday, and site doh nut see her tallier main
the more formidable where character was attacked. till she Lite him in Prison on the Saturday follow.
It was worthy of observe* that this Paper, which i„g• lie did not return to his family till the middle
was published on the Monday, did not contaiu in of November.
its Sunday's edition a tittle of the article which was
Samuel Payne, Esq. eramined by Mr. CHITTY.
the subject of the present action ; and list the l'A
- WIWI'S% ni a soils:dor on Nottiteoltions. Ile rt.
per he held in his band was gretuttouely circulated
through all parts of the country without a stamp, membered mertine, she Plaintiff. Ward, on the
under the pretence of being a Specimen of the 10th of Joiie, in do- street at Noetilielioen. After
type. Mr. Scerlett read parts of the libel. and re-Ist:mg what hail happened et. his house, he esker!
asked why Mr. Clement hail not come forward with whet eves the best meant of obtiiimuir reiliel., ?
his boasted proofs that he was justifred. The urn- Witness siled kit" t" aliPlY to the Mago.trates
a,td where they were sitting. Witness uuderstood that
cle was well comeosed ;it was well done ;
mos Diem be did do so, and that lie was by them cumtnitted
traced down a detailed arrive of circumste
a regular ',we'''. It entered into a vitidicatiou of t° Peni°".
Government, andin fact a Goveritruent inuni. Cross-examined by Wr. GIIIIIIRY.
was
feato. The Pleictiff was described as gradually The Pleiutiff did slot call upon him at his house;
advancing its sedition, until he came armed before but when he met him in the street, he was coming
them, vested with command. and uctually about I
ill a direction from
ed• hi s
hown
Plii ho
ntiff -haduse sp thateviouely
of the
to perforM is isignal act of treason, by storming the witnesv. Holleliete pr
barracks. Here then boa stood, deserving to be lain under some stomicion with the Magistrates, on
hanged, drawn. and quartered, tool to he so. accootot of his having been the treasurer of a sob.
sited with those other privations which the acription raised for the earpose of &leading sumo
law inflieted upon tialtors ; lie was Convicted persoca who were tried at Leicester.
by The Observer of being connected with Oliver, Re, examined by Mr. Scseturr.
of being one of the desperate Ned I.uds, of intik- Witness had known the Plaintiff two or three
fug war against the King and his Governineut, and
years; always believed him to urn very respectable
of taking his station among the most decided cur-
amid nolustriens mast. The sob.coption alluded
tines of his country. All this was attributed to a
to, and of o bleb the Plaintiff was he Treusurer„
man who wits wholly unconcerned with politicc it
had ii., polite-el object whatever, to the hest of the
matters, and who was deprived of all los aos oil I
wititese'li belief. Witness was housed a tuetnber of
remedy, except that of daring his accuser to bling
the Nottingliem Pitt Clubs
forward Isis authority, a defiance from which Mr.
Cletneht slitutok. If this question were viewed John Whiles, examined by Mr. DENMAN.
abstracted from ell political cousiderationo, what \Vinods is a lace-maker at Nottineloain ;•lie knew
would be th'' °Pittion of its intlitds viewed merely Oliver these in Julie, 1817; unties* was eppre.
with ielesent.e to that Consoltilson by which Reg- heitileil a:id -toot to Csolilbathefields Prison; Ward,
land hull anointed :inch a degree of political glory I tie phi„,ity, was ,i, prison ~t N„ttiugh.a, at the
as was envied by 101 l Europe, amd valued by al: win) I saute tone i.s witness, and be ate limn ironed to is
valued order and liberty ? The personal liberty of matt of the name of Haynes, when they were all
brought to Cioldbath-fieldi Prison together.
tin Euglishinato was his chartered priiiege, and if
that elevated part of the Croistitistiiiii, the !inherit 11' in. Clile give evitletoce to the tame effect, sod
Corpus Art, Was at ally time suspended in color- ridded. that he and the Plaiiitiff, after renniiiiitig its
titimp-e of real or supposed dangir, .t was a season Cololleith-lields prison about a week, were taken
tif c7iiiittity ; those whys were exoused to it, were left togiether to Oxford
.Castle. and there kept its close
to the diveretioti of Ellithsters, and also subject co confinement till November 13, 1817.
the
thesecitani ci::
on
the crafty imerafton of private malignity. Insot. such
tiotoMori Dtll7sNuwAittittewvas‘ aPsn3tto.rt''ldteitiogliZiitoclir of
i
an extremity it became all gout) men to pity those
who were ali egged from their houses and immured iii littetuent, on which lir.Gu auto rose and objected
a prison, without the opportueity of )usttlicatitin• to the 4moti •
ons as irrelevant to the case before the
It 'weenie every good man to look with great jot- Court; and the Court being of time same opinion,
lousy to the power thus added to the authority of after some conversation the witness was ordered to
Waters, as well as to regret the necessity that for %tend down.]
a time destroyed the tight which the immortal George Goodger is deputy poblisher of The Ob•
Plarkstone described as the unfailing seconty of server. The e ale. of the Paper is very great. Its
the British Comoitution. But *fiat had hlr. Cle- sale on Sunday. Oth of November, 1817, wits 10,860.
mein done ? While the unhappy Plaintiff was I and the Mosiday Edtion 1,000, exclusive of the
within the walls of aprison, it' expectation of being toistasiped ones, of 'which he knew inolatio. He
brought face to Lice with his mccusers; while Go- I could not fornkuny idea how many were sent out
vereineet II Ott it necessary to detain him thee
from a presumed iiecessity, Mr. Clement had the titistamped, they not having passed tbrough his
hands. The Monday Observer had twice, when
audacity, the inhumanity, to 'widish against the public interest was excited, after the regular pub's.
helpleass and abandoned turn a calumny of the most
cation, published an additional impression upon
effecti kiwi, which no one could read without goo,- stauwed_aiwata-wisis-wittitit leaf, to the Ivey of
thole matter had Veen folly irovernigated, Mee ruduced.
ussettio..of Ward's gssitt, was bottomed 1-- r n ..
-.table attebority. What could have been Robert Webster, examiled by Mr. Deestan.
Witness is a letter-carrier at Derby. (too Mon-
,' If Werth was to be tried, why pre-
Jury agsinst him ? cud if not, obi tie
girieys.t ttlii,evalnOtittlyi.
ofral (ti,bosev,ertuel;etrii..wisBpl,7p,erbee. rerti.ieviyveydvrae
ever the stigma which his imprison-
meta had „timid), ~, sonic delve, giver' rise to ? delivered to hint try Mrs. Eaton. the wifesof Ell
This was Whal. the PlitliilllT kid to COnsillala of— gather at Derby, oho desired hint to distribute
that during the auspeiisioo wi the jialscso Coos I them grattlit°l"4 ; aunt sir give him a bloil:111.1 for
Mr. Clement bad endeavoured to 'oppress so slang . He delivered them to the Lawyers, L;c
pus Act,
an already oppresied men ; that he4,;,i.Sl endeavoured Dorm' mitt the Gentlemen of the town. •
Thomas Cook is it letter-cerrier at Leicester. ;is
to prejudice the edials of the Jury by whom it was
presumed he would have beets tried; to wrest from receiver' a (lemony of Moi.day Obeereers in N (welt-
bou the benefit of a fair and lIMMOriSall brafllig, soot her, lel7 ;he thought as inaoy ail euO. He re.
to abstee the liberty ct the Press. Tile learned solved them at the post-othee with his letter sr
and ingenious Counsel for Mr. Clement might at- thougiit it teas mist usual to reciove them in floe
tempt to protect his client by general observatiotis "Y• fie was debited to distribute them granite
on 'het It'serty. lie (Mr. Seidel') would tell the i tries!y, and aecorditiely he did so—some of them its
Jury what he thought of the 'Melly or the :,;,,,,„ i the luau, at. 3 others lie gave to the country conies,
11-le considered the 'Worny of time press, Loki the • .to take Into the country. 'Where was atwitter tear'?
Habeas Corpus Act MA Tile! by Jur), ii. sacred j carrier et Leicester, cod he also received the Irks
parts a the Constitution. The people of Kell:Hid quantity of 111porls‘• Observers to distribute to eta
bed .eojoyerl the liberty of the press since tile fervo., l saute wit/. Wittr:v. received two c, three .110Am:a
lutiou, and Gui foxind they should ever lose it !1 at the pest-office fee hi. trouble. • a
lie pi a gr.sttcr ~„,itty a„tt„„attieci, trous sail- This closed the evidence fur Uus IlaintitY. 711

missions of his own innocency, i effective knit
Malty on which the security at nig the nh„i
eof Iw. family were „,„,„lei. end the asel
hear ; but he telt his yes 10- upon inevivii
u boldness inspired illy illte. the motive ?
demanding the cause of such judice the 41
persecution. The event was on hint fur

1...

alleged printed libel was then read liy the clerk,
and compared with it (is set forth in the record).
Mr. ADOLPHUS took several objections, on ac-
count of inaccuracy, but they were overruled by
the Court.
Mr. GURNF.Y then rose to address the Jury in

defence. apparently labouring under seater indispo-
sition. lie ri quested their indulgent attention to
the few ott.ervations he had to otter on behalf of the
befend.tid, abich, however, must Ile made under
the iliiiadvamage of avatar tttt and fatigue,
%Olio?' hud c Uletely overpowered hint, aml really
1.1141E7rd Ilion very unfit for the ta.k under-
taken. Ile heartily Emir lured in the obaricalion of
his Learned Friend, that political feeling ought not
to enter into discussion* at the bar ; at the acne

lime, he could not help observing, that his Learned
Frieutt's practice in the manner of eniiducting this
cense little accorded with his professions. His
Learned Friend could not truly say that politics
hod not been mixed up in the statement of his
client's rase. If any person had only heard three-
fourths or four-lifthe of his Learned Friend's very
eloquent speech, hr must have Morelos-it that
this was not an action against Mr. Clement, the
imp:won of The Observer Newspaper. but sin at.-
tints against tlw Secretary of State for illegally Mi-
lani° • g and eruelly oppressing the Plaintiff. In
truth he (Mr, C.;.) believed that she statement which
his Learned Friend was WWIINed to make. was
attach MOM the object of this action t tau any &-
tinges which the Plaintiff conld affect to have sus-
tained, or CJIBIJ hnoe to get at the hands of the De-
fendant. It would. to be sure, be extremely hard
if the Piebald' could not give himself the must ex-
cellent of all characters ; and it was to be recollect-
ed that the character which his Learned Frieed hud
given the Plaintiff, was the charseler which the lat-
ter hart chosen to give of himself; for his Leerried
Friend, hr believed, knew as little of Frank Ward,
es he did of any other man, whom lie hod never
seen before. Therefoee what his Learned Fittond
had deseribril as the Plaintiff's original course of
life and conduct. was only conformable to Isis
cli-nt's instructions ; and he (Mr. G.) would repeat,
that it was extremely hard if such a person could
not oive himself the best of characters.' fits Learn-
ed Frieud, however, in the course of his address, had
let out some things that were rather extraordinary
snow things a little inconsistent with what every 1110111
kIiPW as matter of history—some things which would
excite in one's mind • suspicion that the Plaintiff
really could not have sustained any istjury or damage
from this publication. His Learned Friend would
represent to the Jury that the shocking ()titmices
which were committed its the neighbourhood of
Nottingham, which called for the interference of
the Legislature, and which produced in that dos-
trici a reign of terror, nut unlike that which pre-
Tailed during the French Revolution, arrive from
the oppression and cruelty of the masters towards
their juurneymest ; and that Mr. Ward, recollect-
lug that hr had once himself been a poor journey-
Men, would out treat those persons iu the roves.
*ire and extortionate manner in which they had
been treated by other mestere. He (Mr. G.) be-
lieved be might take it as matter of history that
this represeutatiun of his Learned Friend was not
ouite true ; but whatever was the cause of those
stisourbaticee, it was in foreign to the wetter before
the .V.ory as to nity other cause tried during the
Sittings, or which remained to be tried. His
Learned Friend, however, who disclaimed all idea
of introducing any political discussions, thought
'noire' to pursue this subject; but he (Mr. G.)
was not disposed to follow his Learned Friend
in these discussions. He was not here to con-
sider the wisdom of the law passed on that oc-
sion—he was merely 'to aunt in the administra-
tion of the law. bound as lie was to take for
ranted that the Legislature acted under the
wisest considerations, and that if they were
compelled at any time to alter the laws of the land,
so as for a short time to abridge the liberty of the
enh ject. they did so upon sufficient grounds tojus-
tify such a proceeding. He (Mr. Gurney) would
yield to no man, not even to his Learned Flirt's!,
an his attachment to the Constitution of his country
—he would not yield to his Learned Friend, iis hi,
reverence for the Habeas Corpus Act, which had
bees called the palladium of Essalish liberty. He
reseeded every other part of the Constitution of his
country Inn highly. to he digitised to go with his
Learned Friend the length of ssying, that if the
Habeas Corpus Act should ever he suspended,
every British subject would at mice be placed in
the condition of • Russian peasant. God forbid
that that should be the cunditiun of the peo-
ple of this country. if such were the case, for
then the country would be in the most dread-
ful state. But if the Legislature should thitok
proper to suspend that Act, so far as regarded trea-
sonable practices, he (Mr. G.) begged leave to state
that the condition of the subjects of this country was
far removed from that which his Learned Friend
had described. The greatest part of his Learned
Friend's speech was addressed to this point, namely,
that Mr. Ward, who, when he ceased to be sure of
:wpm's:omit, and ceased to become so object of
emstidelice with one set of persons (who those were
it 555 ran' to judge), had become an object of dis-
trust and suspicious with ; that Mr. Wind mss
urn-owl—that lie was arrested under a charge of
treasonable pr3clisos. and confined front the 10th of
June moil slit: lids of November ; and that every
possible attempt was mole to excite unfavourable
Irsloettlig him. But surely, if Mr. WIWI'S
iiiipsismossent was the act el' the F:secutive authority,
sold it the Defend:rot was Ignorant ..1 the object of
mi. nut one word mod upon 1111111.111Virt could be ap.
pvicoble to the case against Mr. Clement, who could
have notion;; to do with the Plaintiff's imprison-
ment. If the Defendant had nothing to do with
that act ( juslifiable or not) surely the introductios
of such a topic, could only be fur the purpose des-
rasing an undue oppression against him, and of mak-
ing him answerable for theconduct of other persons.
His Lamed Friend had stated that theyleintiff

nod Oren ground down and oppressed. The Jury
were out to assume thut merely upon the statement
of his Learned Friend, who had also said that the
Plaintiff was deprived of the means of set king re-
/loess, in consequence of the p.issiog of au Act of
Indemnity. It was trite that the Legislature had
woad •n Act of Indemnity : and amongst outer
reason• assigned for that measure ware—first, be.
runs., it Was tnturiuu• that a freavinalde conspiracy
had existed sit the country—and next, that it would
not be sit or inuper that the liver of thole who had

given information of such conspiracy shouldbe
put iii hazard, from the malice of their enemies,
should their mimes he given up. But these con-
siderations hed nothing whatever to do with the
question now before the Court, which simply nod
solely was bit injury the Plaintiff had sustain-
ed from the Defendant ? This was the stogie
question for the consideration of the Jury, and that
was to be ascertained by discovering, as well as
they could, in what the injury consisted. Did
they believe that the Plaintiff had mistimed any
injori from this publication ? Did they be-
lieve that dinar who thimelit ill of lion before
worthl thnik the worse of him for the article
winch appexted it Tire °Forever? Did they be-
lieve th it those a lin thought well of him before,
would think the v oi.e bikini by reading the sup-
posed hbrl ? 11 they did tint, why then what
injure could this Plaintiff have sustained, which
would eiltde lam to call upon the Jury for any
amount of damages against the I)efesiiimat ? Cut
there was one stogie feature in this (aye, which
would at once decide the point for their too-
6i...ration. The Plaintiff stated in his declaration
that he had deservedly acquired the good opioion
of all his fellow-subjects, and that for the purpose
of bringing him into public scandal, infamy. and
disgrace, the libel in question was published ; and
it concluded by alleging that divers r.f his neigh.
hours had thought the wurst of him on that 'recount.
If this was the casts, why did he not bring his action
amongst his neighbours? Why did he, who kiwi
in Nottingham, and who told the Jury that Ite had
lost the good opinion and high estimation of all his
neighbours in co.rscquence of this publication, try
this case where his character and conduct were hest
known—am.oigst ihnse neighbours, whose ratline.
lion lie hail loot by moonier this libel ? He (Mr.
Gurney) roust say that the conduct or the Plaintiff,
in bringing his action flu miles from Nottiagham,
in a place where he wis sourly tiiiktiown, was the
clearest and Most den isive proof th it he hail stiffer.
eil no damage whatever. Nothing was more clet:,
than that a mai) who complained of being injured in
the estimation Of his neighbours, and had in fact
suffered that injury, would bring his action among
throe neighbours, austered of waning for a consider...
ble length of time. and then bring it before a Jury
by e horn he was unknown ; when, in fact, he might
have tried his case at Nottiogliani, either in March
or July last. Sueh conduct on the part of the
Plaintiff was decisive judgment egaitist himself.—
Admitting, however, that the Plaintiff rens entitled
to at verdict, the only remaining question was, the
amount of damages he was entitled to receive.—
The Deferidant was tiiidoubtedly liable to a verdict
monist himself. Its Learned Friend admitted
that The Otterrer was one of the most respe t-
uhle public journals, and reflected credit generally
upon Os conductors. it should be recollected that
the Defendant was the proprietor of the paper, and
net the author of the article, which was given to
him by a person who assured him that it wan well
founded. It appeared, however, that he hid heels
misinformed in that respect ; and certainly he (Mr.
Gurney) did not stand there to las,ect its truth.—
The Defendant lord put no justification on the re-
cord, and therefore be had not aggravated the sup-
posed cause of offence. The Jury should recollect
that the amount of damages "Inch they should
give, mini be measured by the amount of the
im-
•lury; and he who did nut bring Iris action, and try
his case, where lie affected to have tecetver: the
injury, and where the iejury could be best •arti-
mated, gave the strongest judgment against him-
self that the injury had been little or none.
The Cu tEe JUSTICE, in charging the Jury, said
no tnsn could doubt that the matter contained in
the alleged libel was calculated to injure the cha-
racter of the and all no attempt had been
made to justify it, tire necessary inference was, that
it must be taken to be untrue. Several tropics had
beau addressed to the Jury on the one side and Ott
the other, which. in his Lordship's humble judg-
ment, could ill tio way be involved in this case.
This Court hurl nothing to do with the policy or
impolicy of the Legislature in susnendieg the Habeas
Corpus Act ; whether the long detail of matter con.
tallied in the libel was true or untrue, had 'imbue;
to do with the question which the Jury had to try,
the only consideration being the damage w Melt the
Plaintiff had sustained by having his name touplril
with the disgraceful and highly criminal acts detail-
ed in the libel. It appeared that this statement was
published at a time when the Plaiaitiff was ittcon-
litiemetit upon, charges for which he was likely to
be brought t trial, and certainly such a publication
was calculated to prejudice the minds of 'hive by
whom he would probably have been tried, had the
proceedings gone further. Nothing was more on.
proper than publications tending to prejudice the
cases of pea-sone, merely co fled 011 Suspicioii of
offences, hecauae nothiing wait more likely to affect
the interests of public justice. It had been very
properly observed upon, that the Plaintiff had ile-
chord to bring his action at Nottingham, where his
character might be supposed to be best known ; and
the Jury would take that circumstance into consi-
deration in estimating the dainages, and in doing
se, they would exercise that temper end disci:et 11011
which the due ad tttttt istration of justice required.
The Jury retired for about half an hour, and re-
turned a verdict fir the Plaintiff—Damages, Stir(
HUNDRED POUNDS.

OLD BAILEY, SATURDAY, JANUARY Ili.
a-