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

aed wauld mate •a affidavit of that fact, and take upon himself the
responsibility of rainy thing written in it.
• Cree.-examinednay Mr. COMMON SERGEANT—The Plerendant
ti d tuat look at the libel 1 held In my hand. Medici rot know from
ire toss it wee No. 79. I alluded to the contents. and ezplained to
him that Mr. C4IVeIIIO had been prosecuted for it. The rule
Against Mr Carvalho was subsequerely discharged.
Robellnaaftilitat he had made a fftithhtl translation from the
original in the Portuguese largy age of the alleged libel.
The witness then trod the originel libel, whilst the Counsel for
the prosecution and defence looked at the translation.
Itir ac ARLTI T now proposal to put in the publicasion.
Mr. Craileatos SEno "...axe submitted that there was noevidence
of the publication being in Lomlon by the defendant, and 'hi. was
an indictment of having published the libel in London ; the defend-
ant therefore most be acquitted. Mr. hitripaon'a evidence amounted
to 'Aydin,* more titan that the defendant admitted he wee the author
sal the libel.
Air. bcwaCLTT contended that as the defendant was informed
that the reinvention had been instituted ageitist Carvalho for having
publi.hed the I.bel, and had then mail that he was willing to take
all the responsibility upon himself, he must be considered as having
plate 1 himaelf in the shoes of Carvalho.
Mr. Sim neon was then recalled.
The bolts) CLIME JusereE.—Did the defendant look at the
rule of the Court of King's Bench ?
Witness._ No, my Lord, he said he was quite awate of all the
pereeeihnea taken against Carvalho, that he was the author,
and holed no. further proceedings would be taken against Catval-
as he seprosed the Marquis did not want two strings to his
b .w. Marquis was at that time in England.
Br Mr. Common SERGEANT.—The defendant eeemed per-
fectly •• are of the proceedings. I did not mention a word about
the publication to him, or read the affidavit on which the role was
obtained. His attention was not drawn by me to the proceedings,
ad I had no other reason for supposing he knew of them except
trona his saying to.
By Mr. SCARLITT.--I called on the defendant, as Caravalho
algid he wished to avow himself ttie author of the work. I saw hint
also in the Coon of King's Bench the day the rile wan made abso-
lute against him, and conversed with him On the subject of the pro.
ceedtngs. whet he expressed his wish that the proceedings might
not go on against Carvalho.
The Loan CITIFY JUSTICE.-1 cannot on this evidence di-
rect an acquatal. If there is not sufficient evidence of the publi-
cation. the defendant will hate the benefit of it hereafter, but if I
direct an acquittal the question can never be agitated again.
The libel was then put in and read, and also the rule obtained
against the defendant for filing the present information.
Mr. Lenin Berated, from the office of the Secretary of Fate for
Fothign A ttitirs, examined by Mr. TINUALE.—I was in the Foreign
Oilier in the year 1820. Count de Pelmets was in that year recog-
nised in thiacountry as Envoy Extraordinary and Minister Plenipo-
tentiary from the Court of his Most Faithful Majesty the King of
Portugal. Lord Castlereagh was at tbatainie Secretary of State for
Forren Affairs to his Britannic Majesty. There was at that
hario•l • negotiation going on between our Minister of State for
hareign 'Weirs and the Government ef Portugal. respecting the
• Lama made by the latter of the slate of the prize-money arising
from she booty taken during the Pehinsular war, by the combined
armlet under the command of laird Bcresford. I know the hand-
writing of lewd Crotlereagh. I believe the signature to the paper
which is now handed to me is his Lordship's writ Mo. It te a letter
tram lewd Castlereagh to Count Palmella. I produce the note of
d omit Palmitin in answer to it.
- The letter end answer were than put in and read, for the purpose
of shaving that a negotiation was then going on between this Mi-
nister of this country
.and the Ambassador of the King ria Por-
tugal. respecting the prise-money in question. Lord Crentereagles
letter wasitowlaiged the receipt of • nom from :Burma.' de Palmella,
and inforniedffim that the British Government was ready to satisfy
the claim. made upon it by the finvernment of Portogil, and was
prepared to pay within one month alter the terms' proposed should
lie arrested to by the King of Pori moll, viz. " That the sum of
tatateo/. feeding should he transmitted, in compensation for the
share claimed byPortugal of the booty taken during thePeransular
war, by the combined armies, and also interest upon that sum,
is( the rate of 4 pet cent.. from the month of Oc.ober, 1817, to the
day on which it should be paid"—the amount to any person
warp should be authorised by the Portuguese Government to re-
cave IL
several other letters bet weenlllo34 Noblemen were put in and
read, relating to the tame subject.
Mr. Nunez, Secretary to the Portuguese Icon, tion, examined by
ale. SCANLETT—I produce the official Portuguese Gazette, ht
winch the acts of the Government are announced. It is dated the
alit of June, IILI3. It contains the appointment of Marquis de
ihrlinella, as Secretary of State. I find in another Gazette, dated
January, 183 i; the &amnia! ofthe Marquiede Palmella announced,
who was soon after appointed .Imbassador to this country.—This
winless then rroduced other Gazettes relating to the appointment
and dismissal of the other Ministers mentioned in the libel.
Mr. COMMON SERGEANT here submitted that the averments
in the Information had not been roved, especially as regarded the
tarpons alleged to have been Ministers et the time of the publics-
tints. The proof, f the publication referred to the 2d of June,
hhtgs; whereas it appeased by die Gazettes produced by the last
witness' that all the Ministers mentioned in the libel had been
before that period.
After • long argument, Mr. SCARLET? Called Mr. Thompson,
of St. Helen's, Bahopagate. printer, who proved that he printed
ma ',umber of The Portspirse, containing the libel, in No-
vember, 1824, at the request of die defendant, and sent the num-
ber to M. Carvalho for publication.
The Loin CIIIEr JEDTICE—That Is sufficient, for the per.
sans mentioned in the libel were not dismissed from time 3linistry at
that tines.
Several other legal objections were made by Mr. Cott non SEa.
GIANT. all of which were overruled.
31r. !fill was then examined—l attend from the Treasury. 1 had
Oireetlo ia, In June. 11324, to pay 8.1,0001., together with 9000!.
foe Mutest, to the Marquis de Palmella: but, upon some difficul.
tie. arising, it was not received at that time. I was afterwards ap.
pled u. by Count de Palinella and Lord Berthilltl to invest the
ir.oney in exchequer bills. I mentioned this to the Treasury Board,
:did received directions to tin so, which I accordingly (lid, and the
trohey retrained in die Bank subject to the exchanges. In the
mooth o: December last, when everything was arranged between
Count de thihnella and Lord Beresford, I paid over the money to
ato.e Noblemen. I frequently saw Lord Betesford on the subject,
who was in England at that time.
Mr. Scut a LETT.--That is my case, my Lord.
Mr. COM:goat SERGEANT addressed the Jury on behalf of the
defendant. They had observed, no doubt, the great anziety with
which In had endeavoured to see that every part of this case was
dearly awl distinctly proved by his Learned Friend as set forth in
the inform, ti in, and lie must ear that his Learned Friend was
mum indebted to toe person who had drawn up this indictment,
slam to any chase of jastrae. for the trouble which he (the Common
a-west-a) had occasioned him. for certainly If he had succeeded in
ins object:mat. it would have been no great triumph of the law over
else abstract uteri's of the cause. In the first place, there was
very rteroaattle doubt created in his mind whether this particular
ranuber rtes aver published at all ; it. the second place, he enter-
t•iinied a very stroog doubt whether, if publialiel, it wars ever pub-
lished in London ; and in the third place, every one a the aver-
meats in the indictment admitted of very material objections. lie
outrun a at lie telt the greatest anxiety on behalf of his client, who
'1.44 • gentleman possessed of considerable talent, of the highest
respectability, a person of education and of a highly-cultivated
mind, and he was at this moment a banished man front his non
tostetry foe having espnwaii theCosetittitional Government in For-
int:l. He Otte Common Sergeant) was more deeply interested for
him because he was a member of their own profession, anal it was
tespoosible not to feel the greatest possible sympathy our his pettier t
"...happy situation. Having failed, however, in the points to which
i ::ad been his duly to direct their attention, he was not prepared nu
tau peeseet occasion to address them on any other topics. Ilia
learned Friend, in las opening speech, stated indeed that lie was
quite able to meet the proofs which the defendant might think proper
ti bring to support the statement made in his publication ; but
as to which they all knew that whatever proofs the defendant
eniefit hose for that statement, no such inquiry could be
tame tnui by them. This sort of chaiLoge, Therefore, of
lias !seamed Friend war quite unneeeasoey amid uncalled-for.
a.. I.e moat hare know,' that it was annul y impossible for such
to *den to be the subject of ineeinigation before time Jury. The
:.;Aryuis de Palniella WAS now sitting by the side Ohio Learned
Friend, but that Nobleman had net even been called as a witness,
which he (the Cottonton S,:rgeant) had to complain, because it
ueprived him of the opportunity of cross-elausiiing a single person
con.ersaut with the real mature of the case.
Hr. S —Why the Marquis de Palmella wa mbpensed
by :tie defendant, and is an attendance in consequence otthat sub..
pp. I.
The cameos( Sratoemer —Ves, but being the prosecutor in
;Le cause, it war not eery likely that hr would call that Nobleman
us his witness. The deist:dent hail. since his residence in this
',luau', warned some knowledge of the English laws, and, rely-
ing upon that knowledge, he had issued that subpmna by himself,
and not by the advice of his Counsel certainly ; and he (the Com-
soma Seeeeanti could not recommend him to enter into any such
examination here. There was one circumstance which had been
mentioned that had attracted his attention, and on which he could
not retreat making one or two ob.ervations. It wits the fact of the
money in quantal. after remaining in the Bank of England a very
long time, having been transmitted to Portugal since the present
panneution commenced. They well knew that all Mitasters were
pe erectly pure until their conduct came to be questioned. Ile bad
odor. abservid that, whenever any thing came to be said by the
mews respecting tit' conduct of public men, same steps almost itn.
inaliately followed on the part of those persons. In the protest
t Aso it wee retnatkahle that, within • short space after the publica-
tion inatle by the thaanulant, this money, which had been suffitmdt•
remain in the Bank trolong, was transmitted to Portagal. Per-
haps that was one of the good offers which resulted frame the public
press. However, he was not here to throw die swans hsputation
tin any parson; his instructions were quite the retravass and he
must hope that. under all the circumstances, this mails, areald rest
where it was, and that no further steps would be eaDeldrellat Drees.
say Ale the vindication of the cbaracter of the NOM isiavidaail
T• 110 had instituted these proceedings. Ile therefeee
tutors to offer; but if the defendant should have to 40•11
arainrt a heavy and severe judgment, it would thins become
hlo
sbsty to address such obervations to the Court an „WWII t
ones s. as would satisfy him, that while living undo** possaillap
of the English law, • Lbastitutiesal Portuguese was Noe sap
lightly convicted by that law.
The Lavin. Citstr Jo rrict afia,cssed she Joey, and acid that
tLs Lainied Oeutleman who bad just sat down lad condscled

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