The British Press; or, Morning Literary Advertiser.
London, England, 1818-11-21 00:00:00

TILE ARTS.

A spleadal edition of Don Quixote has jost been
published which does honour to the Arts of one
country. the typography is from 110.use's
justly-celebrated press; and the engravioge, which
are nearly eighty iikaw tubers ere the finest specimens
extant of the peefeetion which our Anion, have ag.
tinned in that very difficult branch of the Fine
Arts. &lesser. HEATH, RAISIDACH, AV Attlee,
Firet.ea, Gonna°. sod the must eminent En-
Fravers iii England, were employed on the Work,
rite Engravings are executed in a style of perfec-
tints which must at once vet at reset the claims
of the Continental Artist to pre-emioetiee in this
department of Art. The French Artists have
been amply patronised by the booksellers of the
Coutinenr, and the weeks which they have embel-
lished have been universally admired, and in no
iucouwderuble demand in this country. The
4.lmoms, lately printed by 31. DE Caocza, at
Pads, was certainly • beautiful (perhaps the best)
opeennee of the proficiency of the French Artists
Sri the arts of design and engraving. • The embel-
lishments were less ineretricions, and in a purer
style of taste, thao thst for which our Continental
neiglibeimi are generally temarkahle. Having paid
this tribute to the talent of the French Engravers,
which it would have been uncistwhil to withhold,
we must at once put iu the superior claim of our
Artists who have executed the Engravings in the
stew editioa of Doe Quixote; they are better finish-
ed in every port, than the foreign workst the lines
ere chaster. and the figures full of contrasted charac-
ter : where vigour is pourtniyed there is a !mildness
of touch ohich at once displays the hand of a suns.
ter, sod where delicacy is depicted the execution is
reniarkiible for exquisite softiies,. The shadows
throughtint the whole series, beautifully cast.
"Ye have hitherto spoken of the execution—the
designs are by Saimaa, and in his best style; it is
impossible to speak without admiration of the ex-
quisite taste this eminent Artist hos displayed in
illustrating and embellishing the admirable work
of CERVANTES. Mr. SUIRKE'R daughter is the
accomplished Editor of the work. and iu a
preface. winch does credit to her talents, she
says that she has made use of the corrected
text of the great Madrid edition. by 31..
PtL-
t.tcea, with a selection from his explonetory notes.
31esors. CADaLL and
an-. Davis—E are the publishers of
the work. As • specimen of our typography, and
the superior excellence of our Artists in the most
beautiful and permanent depanment of their pro-
fession, this new edition of Doe Qai.rote stands
unrivalled: it will, we trust, put an end to the im-
portation of works of foreign embellishment, and
elicit that patronage fur our own Artists, and the
Publishers who on this liberal scale encourage them,
to which they are so eminently entitled.

The Alexander, Capt. PA RIM, Discovery ship,
arrived at Gravesend on Thursday.
The Hero, ostensibly destined for the Ilavannah,
reached the Downs from the river on Saturday, and
remains for the present wind bound. This ship is
one of those to which we last week alluded, as bring
fitted out for Sir GREGOR MiGaccon's expedi-
-11011: 011 board of it are Sir GaEcou's staff, with
several other officers of different grades nttachtil to
I.:1 service. The Chief himself rennin's fur the
present at the Three Kings Hotel, et Deal ; but
trill embark in the above vessel, and roil as soon as
the wind becomes favourable, The //fro is an
armed ship, carrying 24 34.posinders, and is well
fossils' iis every other respect. Tilere are sio troops
Inrard, and only such officers us above stated.—
" e Lase already iiiiiiii tal she previous departure
of a considerable number of men wlin are to be
under his orders; and hum the source from whence
we isht.iiaell that information, we now learn dint it..
versa other vessels err in course of preparutsun to re-.
!live such other recruits as have been resioKral, or may
1.1 future uffirthernselves to his agents in London and
1 bealiere. The applications are extremely numerous
Loh from men and officers, and none are accepted
but those ;shove in a very forward state of discipline.
A isumlier of private individuals who have never
5r.r....-rt us the army, but also are anxious to go out
to South America, have been refused. They re-
quested to kw placed on the Commiesitriat Depart-
ment; but the 'newer was, that the vacancies had
long betll tilled. finch officers, whose services are
considered eligible, hove one additional degree of
rank conferred upon them: thus au Kussgue is "Malt
I.leutesiant, a Lieutenant a Coptaill, and so uti.—
f('uoterbary Paper.)

L4IV INTELLIGANCE.

VICE CHANCELLOR'S COURT, Wrrramum,
FuseAv, Novimato 20.

?I Tinging and OTHIRS V. NOBINsON and TODD.
Mr. Belt. moved, on the part of the PleintilTv.
for an injunction to restrain the Defeo'Lint, Thomas
Todd, from sending the sum of 1,4i31. out Of the
jurisdiction of the Court. which he lied received in
his capacity as trustee, he being appointed to that
situation by the will of the testator, and that he
should be ordered to pay the sum into Cued, under
the following circumstances :—The present bill ores
tiled by the Phnom& on behalf of themselves and
the other creditors of the testator, CliarlesScar-
lett. who died in Jemmied, where his executors
now reside ; but the Defends/de, as the trips.
tees. took out letters of adaiiiiistrittion it, the Ec-
clesiastical Court, to the testator's will. The
Def.mlant Todd admit* haying assets of the teats-
tor's in his hands. but contends he is bound to
remit them to the Executors, in Jamaica. He (the
Learned Counsel) had no doubt but his Honour
would restrain the Defendants, from sending the
assets out of the jurisdiction of the Court, offer the
Ecelesiesticiil Corm here had granted letters of
administration. The Defendants, in their unswer,
easy that they have paid certain expenses incidental
to the obtaining of the letters of administration, sod
then set forth that they are ignorant of 14w pro-
ceedings. The Court most, however, see that this
was the simple ruse of executors or trustees having
• balance in their hands on lemma of the testator's
property, which they were bound to pay into Court,
fur if the money was sent to Jamaica it would he
out of the jurisdiction of the Court, rod its order
could slot Fecal it. Curter these circumstances he
trusted his Honour would grant the injunction.
Mr. WETHERELL. Counsel fur the Defendants,
was *bon to address his Honour.
The l'lcc-Ctitricat.ton—p I have attentively
read the hill, and find it defectivetls in point of
.padies, therefore, it must be amended before the
Court call make any order on it."
Mr. BELL—" 1 hope your Honour will restrain
the Drfelichints from sending the money out of the
country, until the bill is amended."
The VlcE-Cmtsicattoe-1, That is out of my
power, as I cannot do it according to the rules of
equity. No judge coin make an order, or dispose
of a case, without all the pasies interested in it
are before Ilion. Have your bill, Mr. Bell, amended
by Thursday."
Mr. ‘VETHIRIMILL—" I trust your Honour will
give the Defendants their costs iu defeuding this
appliestion."
Mr. BELT.---" Had not the question of costs
better stand over until the case is heard on its
merits ?"

The VICE-CRANCILLOII-41 I will net allow any
costs until the bill is emended, and the case finally
diapered of."

LAW( TIDLT VANE TENNLST. a Miner and a Ward of
Court, by her owl
.(rind, NI. a. Tatum, Esq. I.l'.
C. 0105, Ms COUNTS'S of ANTSIN, tad OVUM!.
Mr. HEALD moved, that the Minter's report
might be confirmed. He slated, that by his Ho-
milies order, of the 6th of November, it was referred
to Master Stephen to inquire and report, what sum
or sums of money were due to Mr. John Gregson,
the late receiver of the infant's collieries in the
County of Durham. The Master had reported
that the sum of 5.931/. 19s. 811. were due to Mr.
Greron, for money which he hail advanced out of
his own funds, for the ;mopes- of carrying on the
collieries for the benefit of the infant. He was
instructed to move that Mr. Thomas Hallway Bigg,
the present receiver of the collieries, should be or-
dered to pay the sum of 5,931/. 19.. Sd. ont of the
proceeds of the collieries, to Mr. Gregson forth-
with. He understood the motion was not opposed.
Mr. Haar and Mr. ROUPELL said, they were
instructed to consent to the motion.
The Vlce-ClL•mciLLoa—ui In a case situated
as the present, I can have no objection to confirm
the Master's report, particularly when that repoit
has berg. made pursuant to • Decree of the Court.
But there are cases in which the Court has been
called on to confirm • Master's report on motion,
which never ought to be done, as it ought to come
before the Court by way of petitioh. This laxity
of practice has found its way into the higher brooch
of the Court, but it cannot be permitted to exist
any longer. I will consult with the lord Chancel-
lor on the subject. Take your motiou Mr. Heald."

COURT OF RING'S BENCH, WESTMINSTER,

FRIDAY, NOVEMBER 20.

The aima en the Prosecution of' Lord CHARLES
SPENCER CHURCHILL v. WALTIR and SELL,
Proprietors of '• l'he Times" IVesespoper.
Mr. GURNEY said. he had to shear cause against
a rule obtained in this cave, last Trinity Term,
by his Learned Friend, Mr. Scarlett. It was a con-
ditional rule, calling on the Defendants to shew
cause why a criminal information should not be
filed against them, as Proprietors of The 1 burs
newspaper, for publishing a libel on Lord Charles
Spencer Churchill. The transaction to which the
publication alluded took place in May last. Lord
Charles Churchill, it appeared, was driving a gig,
in a toad (the Kisig's.road) near Chelsea, at which
place Mr. Tooke, a respectable Solicitor, was, at
the Mlle moment, driving his chaise. There were
in the chaise, besides Mr. Tooke, a Lady named
Sherwin, and a third person, an acquaintance of
Mr. Tooke. The informatiois did slot allude to
the first publication that took (place on this sub.
jest, but to 50 article which appeared in answer
to the original. Mr. Tooke ermeeived himself to
be reflected osi, iu the first account, and, there-
fore, requested an intimate friend, Mr. l'eo.
mans, to write au answer to that surtement. He
did this, because he conceived the original state-
ment misrepresented the occurrence altogether,
and did not fairly detail what passed before the
Coroner. He (Mr. Gurne)) was not a little
surprised, that Lord Charles Churchill should
have added to the iodiscretion of that unfor-
tunate day, on which the accident happened, the
addititniai and greater indiscretion the iirstient
application. lie would he able to slew, that there
was much misrepresentation iu the II tattiorait wade
by the Plaintiff—and also, that flit 'talc was uri.

Ritually obtained on tt misrepresentation of circOm-
stances in the affirlaints on which his Learned
Friend had founded his application. It was stated
that Lord Charles Churchill had applied twice as
the office of the Defeurlam% to be informed who
was the author of the publication complained ay.
and that he could not discover the person. Now,
it was very true, that two such applications had
been inade—hut it was equally true that they were
'node by different persons—each of whom repro-
prided himself to be the Solicitor of Lord Charles
Churchill. It was, consequently, impassible to know
*lnch was the proper person to receive ilw information
--and. under these circumstances, it was wit Wield.
The other facts stated by his Leonard Friend. were
chiefly fo led on the affidavit of a Mr, Jones,
who was examined before the Coroner. This gen-
tleman. it appeared. lied, before the Coroner, *totted
that he believed some thane was attribtstable to
Lord Charles Churchill—hut. in his affidavit, as
resit by his Lesrued Frieml, he declared that he
did not think soy misconduct could be fairly al-
leged against the Noble Lord. The affidavit of
Lord Charlet, nod that of hie Lordship's groom.
were also read by his Lordoliip. Lord Charles,
however, contradicted liss groom, and the groom
contradicted his master—and it should not be for.
Rouen Oust Mr. Jones differed from himself, when
iodine their Lordship* and when before the Coroner.
Ile stated, that there were not any person present,
when the accident took Wore, but. in point of
fact, he could prove that theft. were beVefiti. Mr.
Tookes affidavit stated. that he was driving at a
moderate pace, and that, at the spot where the ac-
cident occurred, the road was only 22 feet wide.
Ile alleged, that the moment lie was called to by
Lord C. Churchill, lie gut out of the way. Lord
Charles, in his affidavit, stated, that hr called out,
hut was not attended to—and that 1114 groom next
culled, without effect. Ile then pulled his horse
hard, and hie gig passed without touching that of
Mr. Tooke. Now the groom stated, that Alr.
Tooke, on bring called to, pulled in. and then
drove out—sod that the wheel of Lord Charles'a
vehicle in consequence came in contact with that of
Mr. Tooke. Here there was a manifest contrailic.
Iron. It was stated by Mr. Tooke. positively. that
Lord Charles was " driving furiously." Tins was
denied. But he had how several 'affidavits implit.
ing blame to his Lordship for the manner in which
he drove. The, affidavits iii question declared this
fact—that there were, at the 11:101t moment, the
chaise of Lord Charles, and two others, in the road.
That of Lord Charlet and of Mr. Tooke were coat-
ing towards town—the other was proceeding iii the
opposite direction. Mr. Tooke drew up on his
own side to give the chaise, driving from town,
room to pass, and Lord Charles Churchill, in as-
tempting to run through the space thus left open.
brought the three carriages in a line, at a part of
the road only 22 feet wide. This. said the Learn-
ed Counsel. no man who drove with prudence
would attempt to have done. In 'Milano' to these
affidavits, he had likewise that of Mrs. Mary Smith,
of Chelsea. who war walking with another Lady in
the road at the time. She observed (alluding to
Lord Charles Churchill, as was since proved by his
identification) that " the Gentleman was driving
an quick, she was sure there would lie an accident."
When the rule was obtained. his Leafleted Friend
was instructed to say, that tvo one imputed blame
to Lord Charles Churchill. He (Mr. Gurney)
meant not to insinuate any censure on his Learned
Friend for having followed Ilia tostructious. But it
now 'appeared, that there were several persons,
who did say, that the accideut, to use the mildest
terms, arose out of Lord C. Churchill's improper
conduct. He would now state the alleged libel. It
was contained in a letter signed " J. Y." which op-
peered in The Times very soon after the accident
took place. After narrating the accident, by which
Miss Sherwin lost her life, it went on to say, that
" it was owing to the misconduct, sod to the
greatly.iinpatient haste of Lord Chinks Spencer
Churchill." It also set forth, that "it had been
declared in the presence of the writer. by all the
witnesses in attendance to be examined before the
Coroner, that the accident was occasioned solely by
the furious driving of Lord Charles Churchill."—
Mr. Yeollllllll4l, by wl this letter was written. did
not say that they stated this before the Coroner;
lie only said, that they expressed such au opiiiima
In his presence while waiting, in an adjoining cham-
ber, to be examined. Our of the matters com-
plained of war, iliat the letter charged these words
to have beet' used to the actual examiiiation before
the Coroner—but he left it to their Lordships to
say, whether such an interpretation could fairly be
attributed to the letter. He could now spew that
this statement was not • misrepresentation' of Mr.
Yeomans, but an absolute fact, the truth of which
lie would support by 'leveret affidavits. With re-
spect to the affidavit of Mr. Jones, who said that no
person witnessed the accident beyond those imme-
diately concerned, that he was aware of, belied now
to otter, in order to skew that others had seen it, the
affidavit of a gentleman, who was returning from
the loners' of his child at Chelsea; who, on be-
holding the accident, sent the undertaker forward,
to afford all the assistance in his power. Mr.
Tooke, in his stetement before the Coroner, men-
tioned one very strong point, namely, that if Lord
Charles Churchill had stopped his gig fur one boll
minute, all would have been safe, but that he did
not stop until Mr. Tuoke'a chaise was broken to
pieces.

Mr. Justice BAYLEY-" What was the finding
of the Coroner's Jury• ?"
Mr. Gurturiv" The Jory found • •erdict of
accidental death,. for no perNiiii attempted to impute
to Lord Charles Churchill any intention of occa-
sioning the death of this uururtuuate young lady."

Mr. Justice BATLEY —" The introt 00000 was not
.the only point to be looked to. If there were ap-
parent negligeuce, or want of due care, and death
followed, flue verdict ought to have been main.
slaughter."
Mr. GURNOT—" No one can dispute your Lord-
ship's statement on this subject—hut it t~ wen
known than Juries are in the hobo, where no bete's-
/ion to do mischief appear., of finding a verdict of
accidental death, although !wtrbap■ the circum-
stances would warrant a werdict of manslaughter."
Mr. SLAKLLTT—" According to the affidavits
stated bt• sue Learned Friend, there can be no
doubt, but that the verdict ought to have bteu
tuanslsughter."

_ -
The Cum.. JUSTICE—" The Jury were not to

decideori the nAld .vita now read, hut on the depo.
eitionsarl• the Witnesses immediately before them."
Mr. GURNEY COtiliiiiirtl-.1-fr hail other affirla-
vita. five in number, v huh distinctly imputed the
accident to the ;salient-sit rind iiiiproper manlier in
which Lord Charles Churchill drove hit gig.—
When this was the ease, he cook, riot but consider
it very extraordinary for his Lordship to turn to
the Court now. owl call for a yr- • I information
:igaiiist the Defendants, whip had' only stated what
appeared to he the fact. He hail, besides, the affi-
davit of the Coronet's Jury. which stated, that
" although they concurred in the verdict of acci-
dental death, they were unanimously of iminion.
that the accident mightlive been avoided, if
Lord Charles Churchill hail acted more care-
fully." No applicatioo was mode to find a deo-
dead. It was sukgested, by one of the Jury, that
a dendaarl should be imposed on the gig—hut
the Coroner exp d his opiiiimi that they had
h. tier not, because that would deprive the party
itijorril of his right of action. Therefore no deodand
was given. Lord Charles Churchill might declare
that he was not driving fa.t—but it certainly ap-
peared, from all the affidavits. that lie was driving
in a manner inconsistent witlt his own safety or with
that of the public. Under all the circumstances,
he was persuaded their Lordships would he of opi-
nion, that there were no sufficient grounds fur
making this rule obsolitte. Ile thought, iiideed.
they would eves, go further, and that they would
discharge the rule with costs. Ile now under-
stood, sad he was surprised to find it was so,
that some allusiou was to he made by his
teamed Friend to a second publication that had
appeared on this unpleasant subject. It would
turn nut, that after this alleged libel appeared in
The Times. a counter-statement was inserted in
the Observer—and to that. counter-statement Mr.
Tooke certainly caused an aterwer to be published
is, The 'limes. In that answer, ?sir. Tooke stated,
that the letter. formerly inserted in The Times. and
'signed "J. y." w.is written by Mr. John Yeomans,
with his (Mr. Tooke's) consent. and to his presence.
He then went on to wow k rot the conduct of Lord
Cherie*, mid observed, that " he had never called at
his house. after the occident occurred. lle seemed
to have forgotten it altogether. But lie was toot stir-
plaited at that, if Lord Charles was the sort of per-
sou The Morning Herold hid represented him to
be—one who, within a few hour* after the accident
had occurred, was at Alintiai's grand ball, and
one of the leaden there." On this letter, he was
informed, some observations would be made; but
he rested iii perfect confidence, that their Lordships
would agree with him in thinking, that there were
nu sufficient grounds for making this rule absolute.
Mr. ROBERTSON was about to adiress the Court,
on the tonne side—when he was interrupted by
The CHIEF Justice, who intimated a wish to
hear the Counsel in support of the rule.
Mr. Scaimett said, that, notwithstanding what
had fallen from his I-rattled Friend, he had little
doubt but that the rule would be made absolute—
or, at all events, that their Lordships would not visit
his client with the judgment that had been prayed,
by compelling I to pay the costs attending this
application. A variety of affidavits had been read,
the whole drift and purport of which, as far as he
could judge, went to reflect still more strongly on
the character of his Omit. But their Lordships
would feel, that the question for their consideration
now, would be, not as to who was or was not
blameable, on the day when the accident bap-
perm). They could not try that on affidavits. If
they could. Lord Charles Churchill would be en-
abled to lay before the Court affidavits, equal in
number and weight, with those which had been
read, and made by persona equally independent of
the parties. Various attacks had been made on the
character of his client, who bad been accused of
want of feeling, who had been pointed nut as a
being destitute of common humanity. But how
had his conduct on the unfortunate occasion, borne
out this assertion ? So far from shewing a want of
feeling, he immediately. when the aceideut occurred,
got out of his chai.e, aud, with his groom, tendered
all the assistance in his power. He immediately
dispatched his servant fur a surgeon, Mr. Roe, and
continued for some time et Chelsea, near the spot.
When he returned he left his servant tbere—and
when, about ten o'clock, he received information
of the death of the unfortunate young woman, he
was very much agitated. Ile sent to Mr. Roe, to
say, that, if necessary, he would attend the Co-
"ranee+ Inquest, but he was told there would no ne-
cessity. Lord Charles did not go out that evening,
and he also rettiaitied at home the whole of the fol-
lowing day, with the exception of a visit which he
paid to Mr. Roe, for the purpose of again offering
to attend the Coroner. Having acted thus, could
lie be otherwise these surprised to find • statement
in a newspaper, a few days after, imputing to hint
a total waist of feeling, and a criminal negligence
in his conduct. Ile felt he was called on to repel
this statement. To what was denominated a true
accousit of the transaction, a preface appeared re.
fleeting on him most unjustly. It was said, in the at.
tick to which he had allotted, that " the lives of the
must peaceable and sober of his Majesty's subject,
were endangered by those young scions of great fa.
who drove furiously through the streets, to
attract the gaze iud asiwoOltiollelli of the multitude."
Theis came the account of the occident. The
Coroner's Inquest had at that time found a verdict
of accidental death. arid such remarks were surely,
that cirownstatice bring co lered, quite impress
. .

per. Now, what had Jones said. lie stated, at
the fugues', that he did not impute blame to Lord
C. Churchill. but, of the two, he conceived his
Lordship to be wrong. Mrs. Smith, whose affida-
vit hail been read, did not way a word about furious
driving.
The Count —" That is not the fact ; she says
that his Lordship wits driving es fast as he could."
Mr. SCARLF.TT neat Nilvrtled to the affidavit of
Mr. Tooke, who stated his belief that Lord Charles
drove wantonly. But it was evident that Mr. Tooke
war antler great alat,n at the time, sod, therefore,
hi. deposition would i.ot he relied on in a Court of
Jus ire. Could any omit suppose, after looking to
the evidence given, that I i, Lordship ought to be
spoken of as one sigcni.t whom a verdict of mast-
elesighler should be given ? At the Coroner's In-
quest, held at the Nelmin's-ltrad public-house, the
witnesses, as stated iti the Paper couipleitiell of,
• were of opioioo that the accident was wholly oc-
ealtiosied by his furious ilviiiii"—mud a continent
was in►erted at the cud iof the article, is which the

Et!dor said, " We ale very Dorry that we toold cot
get the depositions made before th. Coroner. for
the purpose of tonblicition." Now he was nt" opt-
nion that Mr. Walter had no right to publish ex-
parte depordmits, the other bide having too oppor-
tunity to Answer thetn_atid still lesswas he justi-
fied, in the al-tipsier of those depositions, in send.
ing forth to the world the statement or a 'muslin,
coutaining facts, which, in the first instance, est ry
person *cold belie've. Mr. Yeomans said, the wit-
lIPBI,II before the Coroner had not declared that all
the blame was imputable to Lord Charles, but
that others. who were in atte.detice, had duce so.
Was that the proper way to hoe l'.-fore the public.
au accoutut of the trancscrion ? %I'a% it fair to biol.
maate that all the witnesses haul regularly stated 4
particular opinion, wheel, in fact, all who attended
were not examined ? In spplyeng for the rule, lie
had distinctly stated that but three witoessea wele
examined—and, in his opinion, the explanation con-
tained in the affidavit of Yeomans was not a very
satisfactory one. A few days after thii publication
another appeared, and his Lordship aboot received
an anonymous letter, couched in the most abusive
terms. He knew not whether the parties who at,
knowledgrd writing the other letters also &toted
this.

Mr. GURNEY—" They deny most positively all
knowledge of it."
Mr. Sf.:ARLETT—" If that were the env., he
could say no more about it. fle was g!is.l that Nir,
Yeomans, who took the leading part in *Wet Appeared
in the newspaper, disavowed this prof tumuli, in
which his Lordship was culled ' bully, •1 fu. I, a
coward. a being unworthy of the name of Env
lishnsate."
Mr. GURNEY—" Mr. Yeomans and Mr. Tooke
deny having written any letter or article on the
subject, except as before mentiened'—alludnig to
whist appeared in The Times."
The COURT—" Your motion, Mr. Scirlett, is
against the proprietors of The Times, who ',mod in
the shoes of Mr. Tooke and Mr. Yeomans. You
have nothing to do with them."
Mr. SCARLETT—" On the Bth of June a letter
appeared, written by Mr. Tooke, its *bleb he ex-
presses.' his stonishment and ioutiviatiou at the
indifference with which :hie most shocking circuit:-
stance was treated by his Lordship, who had out
taken the smallest notice of the event since the ac-
cident happened. He had neither called cur fetid
to him PIG Tooke) since the afflicting accident
look place. He appeared to have lorAotteta this
slight circumstance, for a few hours afterwards, etc-
cording to The Morning. !Jerold, he was aenusiti;
himself at the ball at Alma.' ."

The CHIEF JUSTICH—" You see he there refers
to his authority, The Morning. Ilerahl."
Mr. SCAULETT—" There wait, it seemed, a foolish
paragraph in that Paper, de.cuibing every person
at the ball, and this young Nubleinipi. %%hum the
writer probably never saw, and certainly could out
have seen there, was spoken of amongst the rest.
This paragraph, standing slime, did Lord Charles
Churchill nu injury—but Mr. Tooke very
ously coupled it with the accident —h ..... gilt the
two circumstances together—and stated, a. a proof
of his Lordship's want of humanity, that, innuerli.
ately after haying been the wanton cause of 10.1,4:
the life of an individual, lie was carelessly amusing
himself at a ball."

Mr. Justice HaYt.itY—" There was so julienne-
(hate statement in The Times more favourable to
Lord Charles Churchill. I wish to know, whether,
between the first and second publication, there was
any statement in The Herald. contradicting the fact
Of his bring at A !muck's ?"
Mr. SCA LETT said, there was nothing shout it
in The Herald. but a contradiction appeared in
The 06 . In consequence cf which Mr.
Tooke's letter was published, in which he avowed
that the article contradicted was written in his pre-
Pence and with his approbation. There was plenty
of time, before Mr. Tooke's letter appeared, to base
discovered the falsehood of the paragraph relative 10
Almitck's—but the libeller assumed it to be 14 tact,
and by coupling two circumstance, together, gave
to each of them a sting which it would not other-
wise have had.

Mr. GUINEY—" The contradiction in The Ob-
server was evidently paid for. It said, We slate
it from owthority'."
The CHISP Justice-4, Such a publication, it
is admitted, appeared—and it is the misfortune, in
cases of this kind, that harsh things are written of
both sides."

Mr. GURNEY—" The Observer paragraph states,
We are desired by ahthority to state, most
equivocally, that the account given of an accidei.t,
in The Times of the 6th instant, signed " J. Y."
is • malicious and scandalous febricat:on, and that
steps will be taken to punish the author of to gross
a libel.' This was clearly paid for."
Mr. SCARLET? conceived, that Lord Charles
Churchill, of he were not the sort of man Onto',
could not suffer such defiinatory public..tions to mit
unnoticed. How had the Defendants acted ?
did not give up the authors when rrlleJ 011011—
but, about au hour before the rule was unwed tor,
when the affidavits were in his hands, they raole
forward and stated whom they were, velieli tlore
was no time whoever to make inquiries. lilt thi+
course, Lord Charles was obliged to lie under ill.:
cruel imputatliiii cast upon Inin dorm g the whole
of the long vacation. His Learned Friend said,
the information was refused because it was demand-
ed by two persona, in the character or solicitor to
his Lordship, but this lie deemed a very insufficient
reason for withholding it. If their Lordahipo would
not interpose, he trusted, at all events, st.ry world
feel, that this young Nobleman, deeply wounded
by the statements that had been published, qua
right in endeavouring to vindicate himself from a
charges° heavy as that of a total want of humanity.
Their Lordships consulted for a few minutes—
after which
The CHIEF JUSTICE said—" The Court, in tbs.
charging this rule, prouuttncas no opinion OH what
has been offered, as to the nierits of the conduct of
Lord Charles Churchill, on the °coos of this ac-
cident. It appears certainly in his Lordship's fa-
your, that on the following day and evening, lie
acted with much feeling amid propriety. But f
cannot suffer such a case as this to pas* without
making this observation, that the driver of u car-
riage, following another, and wishing to iplsoi,
ought to give full time to that which is tretoie
him to get out of the wry. He ought tint
pursue a viulesit pace, but to relax it. and fut.