The British Press; or, Morning Literary Advertiser.
London, England, 1803-02-22 00:00:00

I?.

LAW INTELLIGENCE.

COURT OF KING's BENCH, P44.wam4,FLa.9l.
Sottings before Lord ELLZNBOROGGH mega Special Jury, at if est-
mi,6ster-

TkiE KING, UPON Tile PROSECUT/ON OF NAPO.
LEONE BONAPARTE, FIRST-Coostios
VERSUS
JAMES PELTIER.
At nine o'clock the Court was thronged, as well
as the avenues to it--excited by an eager curiosity to
hear this trial. The names of the Special Jurors
upon the returned lists being called, eight of them
appeared out of the twenty-four, viz.—
Thomas R.tualsridgs, John Peurs,
Mae: Srrtit, Jo‘epli Farriegfon,
J ihn P•rceJiti, Peter Daw•on,
Jahn Next•n, G. toune., Esquires.
Upon which Mr.. ATTossEY-GEINEStsi. prayed
a ink:, when the following names were called over
out of the Common Jury:—
Jonn taunts; Thomas Mama, sit.' •
William Draw, R ictiard Hughes.
Mr. A saoT then opened the pleadings, by which it
appeared that this was an Information filed by his
hlajesty's Attorney-General against James Peltier ;
and the information stated, that before, and at the
time of publishing the Linni therein stated, there sub-
sisted a friendship and peace between cur Sovereign
Lord ehe King arid the French Republic, and that
Citizen Napokone Bonaparte was First Consul,
and as such, Chief lvfagistate of the French Repub-
lic. That the Defendant well-knowing this, blot in
order to traduce and vilify the said Chief Magistrate
of the French Republic, and to deprive him of lie
state and dignity of the Consular office, and to
up the subjects of the said Republic to kill and do..
stroy him, and with intention, as much as in the
Defeadant lay, to interrupt and destroy the peace
inbtisting between our said Lord the King and
the said Consul, and the SubjeCts of the said
Republic, and to excite animosities, jealousies
and hatred anninct cur said Lord the King
by the said Chief Consul, &c. printed and pub-
lished, in the French lin ',tinge, a lil tl, of which
there was a translation, which the Learned Gentle-
man said-he would read to the Jury, Here ne read
the whole of the libel, as set forth upon the record
in Fogyish, it being set forth in both English and
French ; the tendency of which was under three
heads—to traduce the Chief Consul as Chief Maf,:s-
trate ; to excite the French people to revolt against
Government ; and finally to 'assassinate him.—To
which the Perm/ant had pleaded " not guilty,"
whereupon issue was joie ed.
The At Toannv-Gintesont. _then proconded. to
open the case to the Jury, nearly as follows :
s 4 You are now, Gentlemen, by the very distinct
:opening of my leaf nod friend, fully in possession o
the Libel which this information charges agains
the Defendant, and upon which the simple, and; as
it seems to me, no very discult question which you
*hive to try will be, Whether or r.ot the person
charged as beingthe Author cf this publication, is
rightly brought before a Jury, by a prosecution that
charges such publication with being a Lil el.
4, -It is impossible not to know there is a, great
deal of curiosity and interest already attached to
this trial, and indeed one can scarcely cast one's eye
around the Court without perceivieg there is as-
sembled an audience and appearance different frcrot
that which ordinarily graces Courts of Justice. I
should be extremely sorry if I thought, which I
seriously do not, that such a curiosity was excited
with a view to hear any thing which may fall
from me, because disappointment is, on all occasions,
an unpleasant sensation ; and I should feel the more
to be the occasion of it to such an assembly as the
present. That such, however, would be the effea.
of this day's proceeding, if any such ex peCtation
existed with respect to what was to fill from me,
would be unquestionable. If any person' was so
weak as to suppose that any thing which may l.e
heard from me will reward him for uncemmen at-
tention, he will be much mistaken ; for on this cc-
casion my duty, as well as my inclination, not only
leading but confirming me, to what I shall adhere
strialy, unless driven reluaantly off my guard by sty
learned friend who is of Counsel, for the Defen-
dant, namely, to the dry and plain meaning and
tendency of the libel now under prosecution, and the
question of law which is conne.led with that prose-
cution, namely, Whether the Lnw of this country,
according to' what we must be all supposed to know
of it, from the pmceedings which have taken place
upon subjeas analogous to this, can allow this pub-
lication to pass without deeming it a Libel ? The
principle to which I have to refer, is so plain and ob-
vious, and the application of it is so recent, that in-
deed, neither instinntion nor amusement can possi-
bly attend any part of this proceeding: and although
there is no man living who more strongly feels, or
who is more ready to acknowledge than I am, the
very distinguished talents of my learned friend
who condu&s this case for the Defendant, though
no man is more abundantly satisfied of his most ex-
tensive knowledge, brilliant imagination, and acute
understanding, and judicious taste than myself; that
no one can avail himself more effeetually of all the
topics which eloquence can furnish—yet, ever he will
not be able to do mach to gratify curiosity upon this
occasion, provided he confines himself to that which,
is the matter for our investigation to-day. I ors the
points fox us to consider are, W,hether the Defen-
dant is the author of the publicanor.? If he be so,
then, What the tendency is cf that publication ?
then, What is the character of it, according to the
rules cf the Lan of England ? These are the a):e*-
Siam, and the only questions towards which this
prosecution fairly points. If, indeed, I could sup-
pose that my Lcarned Friend could lend his great
Ailities in any degree to the spirit with which
his client seems to have composed the publication
which is now before us, and made t:so subiea of
this prosecution ; if 1 could suppose that he should
think it conducive to the interest .of his client, to
attempt his defence by a repetition of the hbellous