The British Press; or, Morning Literary Advertiser.
London, England, 1803-06-20 00:00:00

SAW INTE. IGEAtIk .
COURT OF KINCFA ivss !
si JACOB ASTI.% Y, VARS. ti. martivoon, L •
This motion was called on, and Mr. Erskittsi
to have rhesom cause against the Rule o6tl ..•
last Term by Mr. Gurney for a nt:w trial. Mr.
Garrow and several of the leading Counsel were to
have supported Mr. Gurney.
Sir NASH Gloss, who tried the Canse, read part
of his report. He stated, that it was an anion of
Slander, tried before him at the last Assizes for the
county of Norfolk ; and the declaration stated, that
in the last Parliament Sir Jacob Astley had been a
Knight of the Shire for the County of Norfolk, and
was, at the time the words were spoken, a candidate
to represent the county, at the election which was
then approaching ; and that the Defendant, contriv-
ing, and maliciously attending, to cause and pro-
cere it to be believed, that the Plaintiff was an as-
sassin and a murderer, and moreover that he had
been guilty of the most horrible crime of murdering
his own father, and, as much as in him lay, to sub-
le3 him to the pains and penalties providNl by the
aws of this realm against such a horrible crime,
spoke these false, malicious, and defamatory words :
" Sir Jacob Astley is a scoundrel, a coward, a liar,
and an assassin; for he murdered his own father."
The death of Sir Edward was proved by Mr.
Watson, who produced the register.
Lieut. General John Money said, the eledion for
the city of Norwich was on the sth of July, and the
ball on the 6th. He was present at the Norwich
Assembly on the Tuesday ; it was a very full assem-
bly, and there were between three and four hundred
persons present. He was himself a freeholder of the
county, and afterwards voted against Sir Jacob
Astley ; he recollected, seeing the Defendant Colo-
nel llarwood at the Assembly ; the Defendant was
in the tea-room ; he recolledel, after the company
had finished tea, a particular circumstance taking
place, in which the Defendant was concerned ; he
had seen Colonel Harwood in the ball-room with a
circle of people about him ; he saw him very much
agitated. W hen he saw Colonel Harwood in the
tea-room afterward, he was walking about with his
hat on. Just as the tea was over, and the company
were beginning to withdraw, he saw Colonel Har-
wood mount the centre tea-table, in the centre of
the room. The witness rose from the further end
of the room, and went to Colonel Harwood, having
heard something before ; Colonel Harwood was then
at the table, and had mentioned Sir Jacob Astley's
name; his hat was in his right hand, and he was
calling out" Silence." As soon as he mentioned
Sir Jacob Astley's name, the witness went up to
him, and said, " Whatever you have to say against
Sir Jacob Astley, does not concern this company ;
if you have any thing to say to Sir Jacob Astley, you
know where he lives." There was a profound silence.
'fire witness returned to his seat, and Colonel Har-
wood continued on the table ; and he heard him say,
" Sir Jacob Astley is a scoundrel, a coward, a liar,
an assassin, and a murderer ; for he murdered his
own father." This occasioned a hissing, and a gen-
tleman went and pulled him down; and there it
ended. On his cross-examination he said, it was re-
ported Sir Edward Astley died a natural death.
The Counsel for the Defendant (Mr. Gurney)
asked the witness, whether General Money under-
stood that the Defendant meant to impute to the
Plaintiff the murder of his father,by steel, or poison,
or by violence ?
This question was objeded to by Mr. Erskine, and
the Learned Judge said, he had allowed the objec-
tion ; but the witness afterwards expressing a desire
to answer the question, was allowed to do so, and he
said he was struck with so much horror at what he
had heard, that he never put any interpretation at
all upon the words.
The witness was then asked, whether he at all

thought the worse of Sir Jacob Astley, in conse-
quence of these words?

Mr. Erskine objefled to the question, and the
Learned Judge said he had disallowed it.
Lord ELL4NBOROUGII said, he entertained great
doubts whether that ought to have been received.
In trials of slander at J Pr;us it was the constant
course for Counsel to ask the witness, whether he
thought the worse of a party in consequence of what
had been said of him. He thought it was a very
material question, inasmuch as it went in mitigation
of damages.
Mr. ERSKINE said, he had not the least recollec-

tion of such a question having been tendered at the
trial. Neither had his Learned Friend Mr. Wilson
any recollection of it.
Mr. Gactitow observed, that he could refresh
their memory : it was upon the Judge's notes, and;
besides, he had a short-hand report of what passed
upon the trial, and it was expressly stated that Mr.
Erskine had objected to the question ; that his oh.
jeslion prevailed ; and that the question was not al-
lowed to be put.
Mr. Justice GROSE said, it certainly was so—the
question certainly was put, and he was induced to
reje4l it.
Lord ELLEN/IC/ROUGH observed, that the ques-
tion might have presented itself to the Learned
Judge as a renewal of the former question he had
before over-ruled. It was a question which was
put every day, and it went greatly in mitigation of
damages.
Mr. Justice Gil ose said, the question at the time
seemed to him to be the same he had before decided
upon.
Lord EL LENBOROUGH.—It is clear there must be
a new trial.
The rule for the new trial was accordingly made
absolule, without any further debate.

ABUSE Of LEGAL TRACTIOE.
The affidavits of Mr. Shearman, an attorney, of
Messrs. Atkinson and English, his assistants, and
of Devlin, a Sheriff's Officer, were this day sub-
mitted to their Lordships, in answer to others filed
on a former day, alledging to them a gross abuse
of the practice of the Court. The original case
stood as follows :—Two persons (Goodwin and
Geering) were arrested by Devlin in sham actions
of Trover, for 10001. each, and held to bail thereon.
The Attorney's name to the writ was Wilkinson,
of Gray's-btu, who, on being applied to, die.
claimed the smallest knowledge of the transaction.
A Judge's order was then obtained by Brown, who
appeared to be the Plaintiff in the anion, substitut.
ing the name of Wilkinson with 'Shearman.
Defendant's Solicitors went to Skearman's office,
and was there informed by English that the substi-
tution was correU.
Mr. Shearman swore, that his name had been
substituted without his knowledge, and that h wag
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