The British Press; or, Morning Literary Advertiser.
London, England, 1826-07-08 00:00:00

monde. do.
Martyn r. Hobbs, do.

a.
r, OCTOOZR JO.
leth, 11th, 12tb, 13113,
he 17th of October.
sc»asit 30.

COURT OF EXCHEQUER.
The office of the Accountant-General of this Court Is ordered to be
closed on Friday, the I.lth of July, for the purpose of adjusting the ac •
counts of We suitors of the Court, with the books kept at the Beak of
England, and to be re-opened on Monday, the rich day of November .at.
Dated Wednesday, Jutie 14.

LAW INTELLIGENCE.

COURT OF CHANCERY, FRIDAY, JCLY 7.

. - - -
Upon his LORD9II it coming into Court this morning, • long
diseu•sion arose upon the question of costs. in Edenbnrough
Oakley; his Linicfskip finally directing the Counsel to inquire into
the practice in ruch cases by Tuesday morning.
The Court then proceeded with the nigher argument in the appeal
ca use of the Attorney-6mg
al v. the Skinners' Company, in the
course of which his Lordship complained of the practice which had
grown up, of the Attorney:general not being present in that Court
upon the argument of informations like the present, and considered
the departure from the ancient prac:ice as UDC of the greatest poa:
bible inconveniences.

VIOE-CHANCELLak'S COURT, JULY 7.
This was a continuation 0$ the Second Seal after Trinity Tear.
INJUNCTION.—COPYRIGHT.

beCOY V. ROBSON AND MICKLETON.

Mr. HEAL' said, that in this case he Was to have moved the
Court this morning (by permission of his Honour granted last
Tuesday‘, further to restrain the defeidants from publishing a cer-
tain work.

Mr. Moans:, for the defendants, interposed, stating that one
of the mirth.. had been served with notice only on this morning
he, therefore, prayed than his Honour would postpone the har-
ing of the motion until the next Seal (Tuesday, 14th July in.
stanp...

Mr. iirAtD—Agreed; provided you undertake not to publish
in the interim that which we call a piratiati work : an't that you
furnish us with copies of the affidavits o 1 or before Wednesday
next.
__

Mr. Moortt aequitsce.l, ant the calve way ordval to *tart/
ova ACCcraingly.

COURT OF KING'S BENCIf, GUILDHALL, JULY 7.
[Before the Loan CHIEF JUSTICE and a Special Jury.)
THE KING t.. 1)A ROCHA.

This was an information filed against the defendant, whO is the
sole author and proprietor of a periodical publication called The
Poetagueze, for having composed and published in the 79th num.:
her of that work, in the month of November 1824, a false and
aen.ndaloos libel, of arid concerning the Marquis de Falwell', who
is the Envoy Extraordinary and Minister Plenipotentiary from the
King of Portugal to this ecorirtry. The libel charged the Noble
Prosecutor, and two other Members of the Portuguese Govern•
ment, the Milliliter of War and Marine and the Minister of Fi-
nance, with having misapplied the sum of 85.0000: steeling, which
had been awarded by the British Government to be paid to the
Government of Portugal, to be distributed among the officers and
settlers of the Portuguese army, as their share of the booty ob-
tained during their joint operations with the British army in the
Peninsular, war when under the command of Marshal Ben:afoul.
The defendant pleaded Not Guilty.
Mr. I'D:DALE opened the pleadings.
Mr. SCAIILETT stated the case to the Jury, and said that the
information was laid at the instance of a nobleman, formerly the
Count but now the Marquis de Palmella, the Portuguese Am-
bassador to thin country. The defendant was a native of Portu-
gal, a man of literary pursuits : and the proprietor of a publication
called The:Porfutmeze, which was written in the Portuguese
language. his gentleman had thought proper to attack every
person who entertained sentiments upon Portuguese politics differing
from his own, and being himself a member of what was called
the Constitutional Government of Portugal, and for his adherence
to which he had been obliged to leave his own country, his poli-
tical opinions were on various subjects much opposed to those
espoused by the Marquis de Palmella, who therefore, from his
high station, had become the peculiar object of attack by the de-
fendant. So long as the defendant confined himself to generalterrys
of censure. the Marquis did not think it worth while to notice his
conduct, but when the defendant began to particularize acts, and
State dates and special circumstances, with a view to in-
jure the reputation of the prosecutor, the latter was then.
in justice to his high character and distinguished rank, com-
pelled to institute these proceedings. The libel which he had
selected was one among many that had from time to time appeared
in The Portugurze. It imputed to the prosecutor the crimes of
fraud and peculation. After enjoying the confidence of his Sove-
reign as Ambassador to this country, the Marquis de Palmella
was recalled to fill an important situation in the Ministry of the
Court at Lisbon. The circumstance to which the libel particularly
related arose out of occurrences connected with the late Peninsular
War. During that war it was known that the British and Portu-
guese troops were engaged in joint operations against the enemy.
and frequent disputes arose between the nattiest of the two nations,
respecting the division of the booty that was taken by them. The
whole of this booty being made under the command of a British
General. the Government of this country necessarily became the
depository or the various prizes ; and the ,Marquis de Palmella
was charged by his Sovereign with the adjnstment of the claim,.
made on behalf of the Portuguese army with respect to those
prizes. The result of the negrciations which took place with the
Minister of this country (the late Lord Londonderry), on that
subject was, that the sum of 85,0001. should be laid out in
eschequer bills, and deposited in the Bank of England until the
terms of arrangement should be definitively agreed on by hot!.
countries. This money was accordingly so invested, and remained
in the Bank of England until a few months ago, when everything
having keen tinnily arranged, it was, by order of the King ot
Portugal, transmitted to that country, to be distributed among ti.
officers and soldiers of the Portuguese at my. The Learned Coun-
sel then read a translation of the libel from his brief. It bore date
in November. 1824, and the wahatance of it was a charge that the
prosecutor, while Minister of Finance in Portugal, had, in cm:-
junction with two other 31inisters, robbed the Portuguese army et
four hundred millions of real, and divided it among themselves.
A more heinous offence could not be imputed to a public man, and
it was one which no person ought, but upon the best and most sa-
tisfactory proof, to venture to advance. That there was not tha
slightest foundation in truth for so serious an imputation on the
character of the di,tinguished person who was made the object of
the defendant's malice. he (Mr. Searlett) should be able most ir -
disputably to establish, inasmuch-as that the money thus stated, r t
the month of November, 1824, to have been before that time mis-
applied by the prosecutor in the manner ilcseribed, was the:
actually remaining in the Bank of England. Whatever might he
the privilege. enjoyed by foreigners who sought an asylum in this
country, the Jury would by their verdict tmalay teach them th,.t
the English laws afforded no protectian to the anonymous libeller.
Should the defnulant attempt to bring forward any evidence to
prove the truth of any of his charges, the prosecutor was quite pr,-
pared to rebut them. The Learned Counsel then stated the nature
of the evidence which he should produce, and concluded by ex-
pressing his confidence that the Jury would express a proper sense
entertained by them, of a man who, availing himself of the mite-
lege of the Lnglish press, sought, by the moat unfounded accusa-
tions, to destroy the character of a person of high official station,
and to gratify a feeling of personal enmity, under the mask of com-
menting upon occurrences about which that individual was, in the
discharge of his public duty, employed.
Edward Thomas Granger mated that he purchased a copy of t.
alleged libel at the office of Mr. Carvalho. in Threadneedle-sorer:.
It appeared to be a mercantile houss. It was on the 2tl June
Cross-examined by Slr. C031510N SERGEANT—I asked for the
number of the work which contained the libel.
Mr. Thomas Simpson, the attorney to the prosecutor, stated tits;
he called on the defendant on the Illth of June 1825, at his resi-
dence in Newman-street, Oxford-stseet, in consequence of having
been informed that the defendant wishci to avow himself the au-
thor of the publication in 9uesth n. I showed him a copy ot the
publication, which I had with me, and also of a rule obtained by
the prosecutor in the Court of King's Bent's. for a criminal info...
motion against Mr. Carvalho. The defendant, in reply, told toe
he was the author of the libel, and sole editor and proprietor of the
, work, that. tic was very anxious to avow himself the authar.

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