The British Press; or, Morning Literary Advertiser.
London, England, 1818-01-19 00:00:00

COURTS MdRTIAL.

Ilse Coma Tlartial on Colonel Ahernethie. of the Royal
glaiiiirs, I hlw.i its sittings on rriday, at Woolwich; and
,:te 111.11illICC was 4ansenittrl to ItIC Admiralty fur ap-
t-roi aI, prey ~,,, In Its prosuutgatiou. In the emirs, of
op, proc. riliug*, it was adduced, as the opinion of the At-
...wary-I:. 'sea al, that an Officer on half-pay, is not a perm.
(Ehnen die Arto le• of War can take cognizance, or to
whom they can at all refer inn public transaction.
A Court Martial as*ernbled on Saturday morniwg, at
ttootimosith, for the trial of Mr. Midis, carpenter of the
'rebel. for enibtzeiement; when the Court agreed that the
large bail been proved; but in consideration of the caret-
kessi character hr previously bore in the service, did adjildge
tear ka be only dismissed front hit Majesty's on vice.—
Members of the Court—Captains Alexander (President),
Ulcer*, Wise, Roger. M. White, Shifter, Muoraum.—
Giettliatu, Esq. Judge Advocate.

FUNERAL OF THE L.4TE LIEUTEX4NT
EDMUND HAILE)°,

‘lllO WAS WALLED IN A DI 'l'?. ST MR. 'Meal/ORE

On Friday the remains of this gallant young
Officer were removed iii it shell from the I 'e of
Slr. Adarno, id England-lane, Chalk Farm, where
foe was taken after the fatal duel, to the Wheat-
sheaf Tavern, St. Pancras--and from thence, the
tame evening, to the house of Mr. Chippenden,
undertaker, Greek-street, Soho, who was the per-
tain lotin:aril to conduct the funeral, which took
place yesterday afternoon, at three o'clock. Pre-
cious to that hour, the street was crowded with a
%set o. her of spectators of every description.—
At the appointed time, the body was I ght nit
trims the airiirtmetit its which it lay, soil put Into the
firarte. The crlin was covered with superfine
Hack cliiilt, and very tastefully mounted with
plated sail, clasps, !wadies, &c. 000 the breast-
plate of the coffin was the following inscription :
LIEUTENANT EDIII.:ND BAILEY,
Aril January the nth, 1818.
Aged 26 'ears.
The proceiwion moved to the place of interment
in the following manner:—
The Funeral Conductor, Mr. Chippenden.
Teo Mutes, with white scarfs and hat-I/Audi.
Slate lid of ostrich readier*.
THE HEA ILsE.

Ornamented with plumes of black ostrich feathers, drawn by
four black horses, covcrril with black rrlvrt
and photon of black Pothers on ihrir heeds.

Two_ Mournitak Coaches, containing. ten Geotlemen as

Mourner., in derp mourning, with black silk glove.,
silk sashes, 41141 had.hmills.
_ _

In the first Coach were Major O'Shauglines.y, Mr. Grant,
Mr. wile, an Mr. M'Grath, jon. and Capt. Carter.
In the si valid Coach were Mr. Clarke, Mr. Johnston,
Mr. Supple, Mr. Haines, and Mr. Ailani..
31r Grant'. private Carriage, with the blinds up, the coach-
. - . . .

usan-astd footman ;ill. black uli: bat-baud:.

The procession was closed by about forty Gen-
II ntru, Officers in the army aunt wary,
o trAkril two and two. It proceeded along
I:reek-street, by tiolui-seluare. Carli•le-street, down
I)rato-strtet, to Si. Anne's Church, into alto+ the
loaf). W 3•4 taken. followed by the mourners coil the
frirods of the deceased. The Rte. Dr. M`Leod
unlined the funeral service; after which the body
war carried, followed in procession, to the church-
yowl. ..here it VIM interred in it deep genre on the
ri;4111 hand sole of the entrance front Dean-street.
Asnong the Gentlemen In the walking procession,
we noticed Mr. Delany, Mr. Browii, Mr. Brooke'',
Alf. NValker, Ste. &c.

The Tigris, Captain listinEasots, is paid off.
The Pike ,c 1 i has been reduced in establish-
nolo. and te.coininisi.ioned by Lieutenant StanN
1101'11 rile:oll. Lirtitettamt GABRIEL is appointed

to the Spar/int.—Mr. J. SM APE 1,4 ppolitteit ruiner.
NIG J. It ouut: Surgeon. owl Mr. W. WHITE (2)
111•1•tcr, ul doe Varian. Messrs. Bassos, and NI AS,
Mldslopmen, of the cNefli Charlotte
awl Foil:ear, are appointed to the ships to
Norti.-urst Passage.

The shy Padre .!;erno, commanded by the
PortnyueM CeiDIVIII DAVID Mu.r:uEa, departed
front Jnirin in 1660, trod run to the northward,
nearly in et degr.-es of latitude. from whence he
stwrtdl lirt%%rrus Spitzbergen and Greenland, and
1)31%.1114,to the westward of Scotland and Ireland,
rrtiornril to I hporio.

The ()wt.lt Coptaio VANYOUT 14 Pcaicl to hive
oetwitly got solo the Soul!' Sea, by Iludsou's
Stravo. .

Captain ROBERT I.ARKAII (of (iospor) is Ap-
iraautral
wie of Ow Caplet°, of Greenwich Ilu•pital,
tire Captain Ituvitiourono, deceased.
the extra vitt Its employed in the Navy Pay-
Office (about fifteen), were discharged on the Ist
_ .

LAN miELLicEnck.

COURT OF CHANCERY, SATURDAY, JAN 17.

tAwrs V. THE COMMISvIONERS FOR FRC/A/SING
TWICKENHAM COMMON, CHARLES IbIMMONDS,
ESQ. and OT/lERS. ,
I/I this Cam Sir SAMUEL HOMELY applied for
an injunction to restrain the. Defendants from con-
verting an ancient pond upon Twickenham Coin-
moo, from which the neighbouring inhabitants bad
from time irumemorA enjoyed very great and lin-
portaut advantage, hot.) private property, under
the powers of the Enclosure Act. It aim urged
by the Learned Cuuiivel that on the pond iu
question, which contained water of the best qua-
lity for all household purposes, depended the
livelihood of a vast number of persons ; and that
the right of sole occupancy to any particular
part might be the means of iiquring the whole; he
admitted that a watrriug place was left for the pub-
lic, but that was not sufficient while it was in the
power of any individual to convert a part to pur-
poses that might eventually prove destructive to the
whole, as regarded the uses to which the water was
at present applied.
Mr. Wa.itt supported the motion.—lnjauction
granted.

COURT OF KINGS BENCH, GUILDHALL'

SATURDAY, JANUARY 17.

AaMHNEEi of MAYOR P. PATTEN and ANOTHER.

This was an issue directed by the Lord Chan-
cellor, to try• the validity of a certain conveyance
executed by the Bankrupt, hearing date the 31st
of December, 11313, by which he conveyed to Mrs.
Mayor, by her marriage settlement, hi. right and
title to a certain house, situate in the Circus, near
the Regent's Park ; and al,o the validity or a
second conveyance, giving: to Mrs. Mayor certain
furniture and effects, which were in several houses,
the property of the Bankrupt. The allegations
were, that the conveyance of the house was frau-
dulent, and intended to defraud the creditors, and
that the furniture was never out of the Bankrupt's
possessioii.
Mr. ScriaLETT conducted the case for the Plain-
tiffs.

It appeared that the Bankrupt had been exten-
sively engaged in the business of a builder, and
was the owner of several houses. lie appeared to
live with Mrs. Mayor for several years as man and
wife; hut their marriage actually took place in
January, 1914. For some time previous to the
execution of the deeds in question, the Bankrupt was
in very insolvent circumstances. The Defendants

were the trustees for their due execution, and the
case was preferred on the part of the assignees, as
being founded in gross fraud on the part of the
saukrupt.
Mr. TOPPING, for the Defendants, contended
that there was 110 proof made out that the Bank-
rupt's wife was aware of his insolvency before the
execution of these deeds, and consequently, mar-
riage being a good consideration in law for the set-
tlement made upon her by her husband, the Plain-
tiffs were not entitled to eecover.

Several witnesses were called to negative the fact
that Mr. Mayor was in insolvent circumstances at
the time the conveyances were executed ; and from
their testimony. it appeared, that, just previous
to his bankruptcy, lie was possessed of property to
the amount of 40,0001 . _

Mr. SCARLETT waa heard in reply to the De-
frl4tl;lllel Cabe.

Mr. Justice Ilot.aoirn. who tried the cause.
summed up the caw with suitable observations ;
and the Jury found their verdict fur the Plaintiffs
oil both issuer.
The trial lasted the whole day, and did not ter-
minate autil seven o'clock in the evening.

SHERIFFS COURT, BEDFORD-ROW,
SATURDAY, JANUARY 17.

LIBEL.

Sir Frl IX Afillt mein otters latatc.elf for Said-
!may st the respelling election.
Tit re a ou founilatuns fur the report stated in
F.%elatog raper, that Mr. Consis:a is leave Ins
pia await Ohre fur that uf Trett•uler of liar Navy.
The I tarsals r (Sir I )Avill NI and
41p.acvsPit. ',111.-al I Halifax, for Beraniaila,
on
th• ar is al I:l,saa, to winter. The turth was to *ni-
ter at
A I s tiered SHei ll gee Bank Car the county is about
to he forsiscd in Chas town, under the molt respects-
lale ''u rain'. The Institut. already established
in Oster wry, Wellington, &e. tarnmi,e to be exten-
sively use fut. The 50511 ra1.1.15/. was deposited in
she Ablwy Savings Yank on Monday, by the
Ibrusidens Society at gaddiogtoil.—(.Nlirercsbary
thromirle.)
The first Quarterly Meeting of the Nlanaiters
rf the Coldwater Saving Houk was held em
ol.ev. A report was wade of Ow isroceeaLf?% a:s the
Institut ttttt since the Nth of Nov,anto:r. a le-. a'ae-
poit. were but pond ill. By tine at ippc.irrtl Ili at
the stalorriptions fur defraying the expenses :AIN t-
rat to:J., sand that 1,977/. its. al. bad been receav-
eal Irons 117 depositors of every elm.* intended to be
benefited by ibis very excellent e‘tablo.:astent.
Frrascit eggs brought into the port of Portsmouth,
elik 11w sth January. 1617, to the 5111 .I,entuery,
1.;10-.-111rele mslliuos fifty-three ,aosl
toilettes', Which, at the rate of IU fur VI
weetnunt to 9,5404 13s. Bid.
Au instance of suicide took place last evening,
Ivetorras sweets and eight o'clock. us Norfulk-Arent,
Mrs Id. Th, unfortunate griatleinasta's name was
anti Is, he Known. MO a Ireottleul of Westminster.
lir Bur pistol sumo has month. which, on expire.
mina, a :swot! instant death. Surgeon: \TEIINOSTES
Illtialed on the list show.

micanditiothilly pardoted, anti soon after re:torv.l
to their professiois. %Viten a fe!low-sulajeet was
unhappily involved in 6114,11 an Lai as this, lie
WWI to every good tnin, to every item cf true honour
and humanity, an object mit (11.:y of sympathy,
but of protection, 111111 the last 111.. e against whom
the charge of " foul murder" should be wantonly
aml malevolently flung. When he said this, he
spoke of what was termed a fair and honourable
duel, which was nut the fault of the party
iu-
volved, but was imposed upon hint by the rigid
mks of society. That this duel was of the cha-
racter he described, it was manifest from the par-
don extender, to the Prisoners, and the opinion of
the Judge at whose recommendation it was granted.
Such, however, was nut the feeling or opinion of
the Defendant*: for they, at a distance of time,
when even if the adlair were not us pure as it un-
doubtedly was, would, if they were like ordinary
minds, have merged their angry feelings
thought proper not only to revive the topic,
but to attach to It a character which it never de-
served. So much for this branch of the libel.—
Now for that pert of it which sent the ['Windt' on
a voyage to Bigamy Bay for forgery ; on tins point,
much a. he generally dreaded the exercise of his
Learned Friend's (Serjeant Copley's) talents and in-
genuity, he was tinder no apprehension that in this
case the indignation of the Jury would be turned
away from a proper consideration of this imputation
OH the Plaintiff. The character of the latter stood
as high as that Of any man in the community ; he
could adduce the testimony of the first military and
mercantile characters in his behalf; and was it
to be e'tdured that such a man should be sihgled
out for public obloquy and detest iti 111 l . He could
hardly anticipate the sort of defence which his
Learned Friend meant to make to this libel. It
would, perhaps. be said, that the Defetailatits were
Editors of a Newspaper ; that they were often
isecessarily obliged in the hasty and sometimes
careless manner in which they sent their papers
to press, to publish matter without revision, on
the authority of others; that they had nothing to
do but to till their columns with the daily news,
and in this way to gratify the uppetitee of their
various readers well, be it so—let them say, "this
is the craft by which we live." The Editor of a
Newspaper, in his (Mr. Brougham's) opinion,
filled a most useful and respectable station—one
which was essential to the existing state and wel-
fare of society. Let him use all manner of liberty
in his description of, or anintedversion upon, pub-
lic events; let Lim take great latitude with the cha-
racters of public men; nor would he advise such
individuals to be over-jealous or captious with an
Editor, if he deviated a little into their private
characters in discussing their public pretensions, if
it was done within proper bounds. Ile, for one, if
he were more a public man than he could pretend
to be, would give an Editor this full latitude.
[Here the Learned Counsel pursued his descrip-
tion of the various and complicated duties which
devolve upon an Editor, and defined their portico.
lar nature.]
Now, as to any defence being set up on the
ground of carelessness. and that a man cannot he
un his guard at all times. and that he must trust to
chance ; well then, he would answer, let him take
his chance ; if it turns up welt • he is a winner; if
his luck proves against him, then let him pay for
the slander he has disseminated. The situation in
which the parties stood left no tenable defence on
the ground of carelessness. The convict ship iu
which the printer thought proper to put Mr. Gil-
christ, was within sight of his printing press; he
might have sent or gone on board in five minutes,
and at once ascertained the truth of the infor-
ination communicated to hint. Was it likely
that he should have assumed this license of in-
setting a paragraph of this kind which reached
him with the same facility, and indifference, and
inatention, which he would have shewn to a para-
graph of the price of stocks, or the arrival of
the Alms, or the sailing of the Betsey, or any thing
shout which nobody cared ? But how (lid it hap-
pen that these Editors never heard of the exumi-
nation at Bow-street, or of the trial afterwards of
the party whom they thus found arrived from
GILCHRIST a. THE PROPRIETORS OF THE lIAMP• the hulks? Do trials in this city escape without the
notice of the Newspapers ? Could au officer in his
SHIRE TELEGRAPH. f Majesty's service be convicted of forgery without
This was an action brought by Lieut. Gilchrist I any notice of his trial ? It was a waste of time to
agamst Messrs. Mottley and Co. proprietors of The pursue these observations; for the Jury must feel
Haim chime Telegraph. fur the publication, last that the Defendants, at the time, were conscious of
August, of a libel of his character, by stating, ti I the reverse of what they published being the fact.
a paragraph, that he mud another were then on Ile would only say to the Jury, that if they ever
board the Larkins convict-slap, on her way to heard a case with more of aggravation belonging to
Botany Bay, for forgery. It also described the it than this, lie would willingly consent to any re-
Lirmenant as bring a lit 1,1011 who was concerned j duction of the very moderate damuges laid in the
" a foul molder," in a duel %nine time previous, I declaration. He had omitted to state, that not un-
it Isle of ‘Vlght, anti alsoishaving led a Pr' tip five weeks after the publication of the para-
thgete life. .1." this "eti°"•the Defendants "Idd graph had the Defendants issued a counter-state-
judgment to go lay default. The Plaintiff laid his I silent, though widths two days after they sent their
damages at paper forth, they knew the libel had been copied
Alr. !input:nom . stated the Plaintiff's clew ; into the Papers all over the country, anti thus, by
doing wiled', lie said, he would not detain the Jury 'versa) publicity, his client was branded with a
long, its the matter thi-y bud to consider was el' character, which was, hia
reel), respect, devoid of
the plainest and niteit palpable nature which evert the slightest foundation.
came before a Court of Justice. lie would, there-
r, For the purpose of substantiating this fact. Mr.
fore, simply state the LINA published by the De-
rutoutaiwit was about to tall evidence, but Mr.
fewlattts, and then ask the Jury. whether they laud
Serjeant.COPLET objected to itsiapers had done, over
being .hewn against
not composed and invented (*nil this they admit.
Def
tad by buttering judgment to go by default) one of the
• the most titrocioua sod false libels that had ever which t eudants what other
they had
this objection.no.HERIFF concurred iii the validity
control.
D
been directed against tut innocent man's chew.
The
EPUTY-S
ter. Ile would beg here to say a few word'. rela-
of'
`five to the descriptiets given in time paragraph of Mr. BROUGHAM said he could spew. that on the
same day the publication actually bore date in
Mr. Gilchrist, and the allusion to hi% ft 1111 l er con-
steximi with the t )pasin an uufortnnate Burl I Portsmouth, it was copieu tutu two of the most re-
hi the Isle of wiv ht. The jilditititt had, at the spectuble London Prints, lie meant THE Bairisu
time when this nialertunate etetit took
phiee. hilt 1 Press and The nines. The regular post convey-
'
jest joined his irgillitHt in the depot at the Isleance was, therefore. anticipated.
of 11 Ott ; the ttttt tape!, to %how lie was second, Alr. Serjeaet COPLEY —" You surely don't mean
hail also joitied at the same time, and having be- say that the paragraph was itself sent to thowe
repels ? The fact is, the Paper, though tad
conic HlVailltd HI a dispute with a brother officer,
Sunday, is not publielted until Monday. though it
and til the presence of Mr. Gilchrio, the latter
yieldedl is sent off to town by the coaches tem Sunday night."
to his solicitation or secompoo)isig I* to
Mr. BEHHIL:HAM-.." Certainly I (1011% Mrall to
the field. The circumstances were such as would
have 'minced the most prudent man to stets for- say the paragraoll was alwelficalle sent. I merely
speak of the Puper whicli went by the coach con-
ward on such all occasion. This duel hall a fatal
issue. and the two seconds (note of sebum, as he eqatlee."
Mr. BROUGHAM-4' They admit the composition
before *aid, was Mr. Gilchrist), and the smelting
of the libel, and its being copied into other Papete
I were tried at the Amax,* at ‘Vinclora-
-1111111:11101 ,
ter, owl the rigour of the laws condemned them, as 11 consequence of that composition."
These laws were, however, ad • *sierra, as they The publication of the 'Owl was then admitted
always are, with the alasoluie tatceestiv with which by the Counsel for the Defendinia. A Gentlentait
it is necestury they hi his the present state of i from the nice for the Home Department wag ul,O
society, and all tile parties were subsequently and called to slaw, from the proper f %PAL:,

i of the Winne of Gilt:6m we• a% board the Lat.
kites ; but Min wAr elm admitted. . .

_
Tlie Idol was theta formally read by the Mrriuty
Sheriff; il.•ls itA being eleatitttte" tif famotalion was
fully a liar. l ott the lint of the OrionWWl.
31r. Serjr.mt CDPLEY then arldresAeil the Jar).
on the part of the Drfendant§, in mitigation nitla.
mages. Ile sui‘l that lie had r most painful duty
to perform on the present oemoion. The Defend.
outs hail her ti for many years Proprietori or the
ilampodre Tch.grtsph. Hull 0114 WWI the lint time
they had ever lire's eill!ed mem to explain iis a
Court of Justice vny eirt•to instant.« relative In either
a public or it private cloiaeter. They were Gentle-
men of the itlntit tipri4lt und honourable character,

dent;, eye s.3se tiny h.ni .heitni in tinkintt‘tv
...king to retract the trror into %Ine!I thry
bren leil. - _

Mr. Ifistton said, t!► ,t last jolt he ems mute ~r
the Cupticilg. from which ender sentence
of traisTortati.m, were pot on locird the tut kio.s.
titre hound fur Botany !Loy. Ile recollected the
run►nur Immod the reinwt, that one of two convicts
entered by the mime or' fitesart, was the Mr. GO.
Christ. who hat Ikea etilksiged tun din-% lie told
it one day in die (lock-void to 'Mr. Motsley just as
heard it. Wisoemi never inside :my Anther in.
quirks into the matter. lie gut the rumour as it
remelted hie►.

and 1.11. above Hoy imp:nation or being mettiated by
ni awl interesteJ motive*. Hwl they been

In hi• erusl-exasnination, he said, that the l or.
kiss had hint immediately eallt-41, and any body who
wished to take the 4reqble miglit hare gone on hoard,
and akertaitted whether the rutuntir wa* founded i.t
truth or nit. He could not precisely swath as
the date of the Larkin* siding, but he believed it
was at the latter old .44 July.

tried in I hinpAhire, w here the libel was
they would have had the bent tit of their protium,
iirutleticit and high character In the toi.,(!. of a Jury
of their neighbourii, mot lie still hove(' %Wilk!
lIRVC thite ft' the presto Jury, before

whom the Plaintiff thou lit proper to briii.4 his case.
He would mention ther circumstance fur Cie
consideration of the Jury. They
mind, that the f Is from which damages must this
day be paid were not those of a totals Journal, but

lot his re-eirsininatiess, he raid, he rottlol not pre-
cisely state the .words he load' used to Mr. Mottiey
iu describing the occurrente.
Mr. Robert Scott, the proprietor and condo( tor
of The Regitter. was examined. Tibia
witness complained of the trestment Ite !tall te.
ceirctl front the Defendant*, and denied that he
had kept out of the way to avoia giving evitleuv,i
on the former day fixed for this trial. The inti-
mation to attend was only given to him on the day
when he was called on to be present. Mr. Scott,
after giving this explanation, in which Mr. Serjeant
Copley fully acquiesced, said, that soon after the
4th of August, Lieutenant Gilchrist was intro-
duced to him by a friend, to ask his advice relative
to this libel, which lie was then sheivii. Tile Lien.
truant oas almost in a state of madness from thi
agitation of liis wounded feelings, and witness ei.-
deavoured, at much as possible, to as.sure hint that
the Defesidants would be ready to make every
atonement. Ile then published the paragraph to
The Military Register, declaratory of the lake.
hood in the imputation against Lieutenant Gil-
christ. lie also receive(' two letters (though he did
not distinctly recollect the first), from the Defen-
dants, who offered an ample apology to the Plain-
tiff, hut %althea:4 not knowing his address, did mil
see lam for some time, and when lie did, lie said
the apology came too late; it shoal(' have berir
priblisaed by the Defesoluilts soon idler the hint:
when the libel was issued.

. .
of a provincial Paper, necessarily limited, as com-
pared to the former, in its means and circulation:
his case was plain and simple—he was not there
to justify a syllable iii the libel—lie had only to
lay before the Jury a plain unvarnished tale,
and to describe the insulter in which the Defend-
ants had been imposed upon in the publication of
this paragraph. It happened that last July the
ship Larkins arrived at Portsmouth ou her voyage
to Botany Bay, having, among oilier convicts, two
men, who went, as was said, by feigned names, anal
who had been sentenced to transportation at Hor-
sham for forgery. These mere, for some reason which
he could neither fathom nor divine, were said to
be Lieut. Gilchrist, formerly enga4ed in the fatal
duel with Lieutenant Blundell, and another. This
was implicitly believed on board the convict ships,
and just as the Larkins had sailer', it was coin-
municated by Mr. Hatton, the mate of the Capti-
vity, engaged in the convict service, vs a fact, to
Mr. Mottley. The paragraph was published after
the ship had sailed, and could nut be verified, as
his Learned Friend I ' d, by sending on hoard to
ascertain the fact. Even had any one gone on
board, they could only have heard what was then
generally stated, anal believed by every body on
the spot, who knew nothing personally of Mr. (iil-
christ. The Defendants, thus misled, published
the paragraph, and any body else, in their situation,
would have done the same thing. For a consider-
able time after the paragraph was published, the
Defendants had not the slightest ground to doubt
its truth ; at length a friend called and skewed
' them • paragraph in The Military Register, riot-
ing, that there was no foundation whatever for the
imputation against Mr. Gilchrist, who was at that
time at the elbow of the writer. linniediately ou
receiving this intimation, the Defendants, who were
ignorant of the Plaintifrsaddress, wrote up to Mr.
Scott, the proprietor of The Military Register,
and through him to Mr. Gilchrist, offering to make
'the amplest apology, amid stating that they were
reedy to insert any retraction which he should •
choose to dictate. They received no answer to
this letter. Some days after they repeated the
offer, and then heard, for the first time, that
the Plaintiff would accept no apology. The
reason of their writing to Mr. Scott, was is
consequence of their having seen a paragraph in
his Register, most fully and properly contradictitig
the circumstance which they were the involuntary
means of sending forth. As this paragraph men-
tioned that Lieut. Gilchrist was at the writer's el-
bow, and us they had not any knowledge of this
gentleman, they iiaturally concluded that Mr. Scott
would be the proper person toaddres', in the hope of
his knowing where to find the gentleman whose feel-
ings they had unfonunately wounded ; and the ne-
cessary time which had thus elapsed, was the reason
of au earlier contradiction not having been given by
the Defendants to the paragraph in question. It
was true, they might have contradicted it the mo-
ment they discovered their error; but in their scru-
pulous anxiety to do ample justice to the Plaintiff;
they sought for him to receive from himself what-
ever terms of contradiction his own feelings dic-
tated and required on so unfortunate on occasion.
The Jury could not lose sight of this fact, as it
shelved the honest feeling which actuated the De-
fendants. His Learned Friend talked of caution ;
but what caution could be necessary on such au oc-
casion as this, when the mate of the vessel, in con-
stant intercourse with the convicts, declared the
truth of the rumour. The real way for the Jury to
see by what motive the Defendants were actuated,
would he to look at their subsequent conduct. The
moment they discovered that they had been led
into an involuntary error, they at once .ought alter
the Plaintiff; such offered to him leis own terms its
dictating a retraction. It was most extraordinary
that the Plaintiff, instead of acceptiog the prof-
fered terms, should have laid by for moil a length
of tune, instead of at once coming forward and
demanding a vindication of his character iii the
only proper way in which it ought to be sought.
flow could it be said. that during this interval,
which arose front the Defendants receiving no an-
swer to their offer of reparation, any injury should
have fallen on the Plaintiff? True, is paragraph
bad guise Auld, stating, that lie was a convict ou a
voyage to Botany Bay ; lint would his friend.; be-
lieve, that when they saw la at this 'cry time
moving in honourable society its Loudon, and when
his presence was a sufficient refutation of lois being
ut she same instant on a voyage to Port Jackson,
that his character was likely to suffer injury % flow
could they for a tttttt iient suppose, that lie could
;offer the slightest injury from a statement which,
by the evidence of their own setioes, this)• knew to
be false? It was quite impossible to suppose tides:,
that any injury should have risen out of tills cir-
cumstance. As to the quantum of danorges, he
was convinced the Jury would measure this so as
Inertly to cover the Plaintiff 's costs, is oder all the
circumstances of the case.—Llltre the Lcarlied
ISeijeent pronounced an eloquent erilo4 on the
high and manly character of a Biitish officer, and
raid, that to such a pa-riots prviiisiary franunerat
fullki not be considered us a compensation to
wounded feel.iiga.l-1r uothiug but money, how-
-1 ever. would do, then the Jury would estiitiate the
I amount iliCo'''''•'Z '' .6.:e litta 011111 V! i;..' Der!•11

This witness disclaimed in an impressive manner
hi. having absented himself on the former day of
inquiry, and described the friendly offices he had
dune to the Defendants in his intercourse wills
beutenant Gilchrist, and his statement to him th:.t
they would, doubtless. be ready to make the"
amplest apology. The Lieutenant, when he tir•t
called on witness, only seemed to require a refuta-
tion of the paragraph, and this he immediately
gave in his Register, which had universal eirculatimi
in the gariisoas all over the empire, and anit'n,
military men. Ile bad no doubt it went to Ports-
mouth. He could not, of his own knowledge, say
that the Defendants received it, but he was sure it
went to Lord Howard's library, in the garrison at
Portsmouth. The contradiction in The Hampshire
Telegraph was nearly in similar terms to that he
himself published. The witness read the paragraph
inserted in his Register, iu consequence of the first
letter he had received brim the Dektalants. This
paragraph set forth, that it was due to the De-
fendants to stute the proper sense which they had
manifested, and which became them the moment
they had discovered the impositiou which had heels
practised upon them. Mr. Gilchrist, when he af-
terwards saw him, expressed his dissatisfaction at

- .
the Defend:ruts for the tardiness of their apology.
Witness certainly received the letter from the De-
fendants prior to the publicat just alluded to
iis his Register, but he slid not communicate it
to \lr. Gilchrist, not knowing his address, nor, of
course, until he saw him several days afterwards.
Mr. BROUGHAM inuie an energetic reply, and
controlled that the defence anticipated by 1;,•4
Learned Friend had signally broken down, when
he brought forth his evidence to support it. If
even, however, it had been proved, it would have
been quite insufficient to justify the conduct of
the Defendants, for no Editor should lie ',emoted
to let fly his arrows at random, and rankle in the
breasts of whoever they may happen to hit in this
walnut' manner. The mate (Fiction) had merely
heard, at second hand, a rumour among the con-
',Acts of one ship relative to some Immo' ur persons
On board another ; but the Defendants thought pro..
pert to embody the rumour into a formal libel agaiust
the Plaintiff, and to rake up all the scandalous int.
potations they could invent against his character.—
Ile explained the reason that this case was not tried
in Hampshire to be, that the libel was published
after the List Assizes, and could nut be tiled until
the next in March, a period too remote for the el-
rectum, vindication of the Plaintiff's character, %lite,.
could only be done by a formal legal inquiry, unit
a full verdict of a Jury. This, it ails said, did not
become an officer. To such .an osssrticii he would
• reply, that the most distiuguished military char:ie..
ters had not hesitated, on more tender grounds 'hal'
could arise in this case, to seek that mode of rtpa-
ration, not so much indeed as its conveying any ade-
quate balm to wounded feelings, but bona its being.
the only effectual way of punishing the maller of
their calamity.
The Learned Counsel paid Mr. Scott a high
compliment for his conduct on his occusioli, and
referred the Jury its estimating the 'Lwow a to his
egprecOse declaration of the state of the Plaintiff's
feelings when he cad I rti Spoil him, awl which were
well ilescribt•il as being that of a state of inalluess.
ills Learned Friend, it seemed, ki.ew not only mist
passed at his town consultations, but what uccurrelt
with'', 1114 (Air. Brougham's) Mick walls—but lie
could miner I ' that his surmise was erroneous ;
fur lie had advised the Plaintiff to pursue the course
lie had done, from a full persuasion that the only
on.a•tual way of setting himself right aas by a
legal inquiry mid the verdict of an intelligent Jury.
A. to the motive of the Defendants, be it malice.
or be it not, lie cared 'sot one jot—he merely looked
to the tesidency of their conduct on this pus titular
occasion, mid the gross and utifotstideil calumny
which they had ilissitilinateil argliost his Clieot.
winged on the most irsitretahl.• ice ofiliterstbtotig!i-
out the country. It was nu separation of so aggra-
. voted au act to sar. they Wt re ready to insert an
1 apology, or retraetation. Any man might escape it
~,,,,, ~ roverthiog %tft: tilt rated. The lanai Ltd

vated
,a,,:liots
IhrtVirras seven situ molt coo-o• . , , _ e _ ne
The
uoruounate grokinmi."o4,ll„„, ter, 111141 1111.. tigour ot int loos 4..unueisin it in. 1
nut Il.e enuTtry. It was no lell4llolol of so agitra..
These law. were. however, ad' ttttt as they 11 pobtiemion of the like! was then admitted could not be considered SS a compensation to
soul is, he ihtowri. and a resideut of 11'el,tmisister,
always are, wills the ah.uluie uteessoy %soh which. by the Cona,tsvl for the Daentlattlo. A (;entlettnnt wounded freEngal--If nothing lost money, hoe-
RRR
r rtet the pistol into Ins month, which, exido.apolop., or retraetation. Any Mall escape- If
such a-- .11:yo,trIchetfolt.17teu-'."l".lltti: iLiserarlts:(l"
it is uecestary sootthi in the present state ut twin Ilse Oust e for the Home Department wag uko I ever. would do, then the Jury would estimate the
0.11.11 tioasst death. Suriseet: stEttmosteit
aociety, and lel Il•.e patio:* were sulywrinently and cAleti to from the prorr that no rr- Anoont to t',:e mit of the Def,ll.
Ilk ',Jed on the 8141111.
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