The National Register.
London, England, 1820-12-03 00:00:00

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LAW iNTEL.4,IGENCE.
COURT OF KlM.is BENCH
toONVAT, NOV. 27.
cervixes. IWPt)RMATIOW. KIX a P. wircren.
Mr. Moore moved for leave to file a re ;mined Infor-
mation &earns% the defendant, Capt. Winter, tier sending
a letter, containitig a written challenge, to NI r. Henry
.Hoare. mu of Sir Henry Hoare, of Gaspar Head, in
the county of Somerset.
It appeared from the statement of Mr. Moore, that
the servants or Sir Richard Hoare ael wires and mare
laid for hares, autS ie.% eve ti..u.:Lti riot-steed io a cult rye
inhabited by Captain Winter, a couversation ensiled be-
tween the Captain and the servants, its which the former
admitted that he had laid the snares.
The servants were then directed to vs) to Mr. Hoare s
Solicitor, and having done s e Captain Winter com-
p'ained that Mr. Henry Hoare had acted unlike a gen-
tleman in omitting to write to bins before a prosecution
was commenced. He also sent a letter, which became
the ground of the present application to the Court.
Tue Chief Justice asked whether Mr. Moore, in his
affidavits had proof of the hand-writing of the defendant
Mr. Moore admitted he had not such proof, and the
Court cos sideritig that evidence necessary, refused the
apelicatiow—Mule refused.
JUDGMENT OF THE COURT.
THE ILIX• v. SIR PRANCIS lURDETT.
The Court this day gave judgment in the important
question respecting the legal ciaiin of Sir Francis Bur-
dett to a new trial.
Judge :lest, as junior on the Bench. read the report
of the cause. It was a c • I information, as one
Readers will remember. filed by the Attorney General
against the Hi.itourable Baronet, for writing a letter
respecting the transactions at Manchester on the 22d of
4ugust tug. 'l' le case was tried at the Spring Assizes
for Leicester, an t verdict lound for the Crown. Mr.
Denman end oche Learned Counsel moved for a new
trial .on the ground that there was no proof of a publi-
cation of the libel in the county of Leicester. Odor
objections were made as to the Judge's charge to the
jury. 'Fist Learneti Judge, in an amiable expoosiiion,
connect, adverted to allelic circumstances which took
pface at the trial. He complimented Sir F. Burdett on
his eery ab . and eloquent defence made in person, and
observed with respect to the publication in Leicester-
shire, that the Court and Jury had a right to presume a
publication took Ike in that county. If the fact was
, not sue the defendant had the power, at the trial, of
• calling. Mr. Bickersteff to state how the letter came into
his possession. That gentlemrn was not Called. and the
Jury hail drawn a fair and reasonable inference. It
was said there was no proof the letter went liy post. It
made no difference, however, whether setit:ity the:post
or not. It was clear it Cattle iron) the hand of Sir F.
Burdett, and was received by Mr. Bickerstali. Upon
probabilities, awl the rule of Use, the Jell 114,1 a riot
to infer the letter was delivered by Sir F. Burdett in .he
county of Leicester. It was said the Crown enieht
hare called upon Mr. Bickerstaff, but how did the
Crowu know the letter was ever in the hands of Mr.
Bickerstafil It lay with the defendant to prove
the venu was not properly laid. If die defendant
supposed haul actually occurred, it would not re-
move the malignity of the libel. The Statute of Geo.
111. made the question of libel not a question of
fact; it was the duty of the Judge to direct the Jury—
and he would contend that his direction in Me case
alluded to was in no way incorrect or partial.
The Learned Judge then adverted to the opinion
which had been advanced, namely, that the Jury were
Judges of the law. It could be miser be supposed that
the statute of George the 'Fund did more than give the
Jury power to rind a general verdict. The statute did
not make the question to libel a question of fact. It was
still, in many instances, a eviction of law. The legis-
lature had left the Jury to hod a general verdict, but
the Judge had the power of statine toe law, by %A Inch
the Jury were to be eoserned. Tne fourth pieta bad
been urged, namely, that his charge to the Jury was
unjust. lie lamented the necessity be was muter of
making any allusion to what had alien from the Learned
Counsel, with respect to his conduct. It gave him
peon; but he acquioted the Learned Counsel of any
Mit% like intention to give offence. No man was more
respectful in los demeanour to the J tidies than the
Honourable Baronet (the defeudant) its toe cause. and
happy he should have felt to have stated to the Jury any
pints in his favour ; but looking to his rank in society,
and the nature of the libel, he felt it could not be done.
The extent of the liberty of the press enabled a man to
instruct his fellow•citizens upon the lens and govern-
ment, but defamation and iliflanimatuty addresses to the
disafleted was plug beyond the liberty of the press, as
established in any coulary. Whether his opinions wets
well loundcd or trot, he could not say, but he had only
been actuated by a desire to do his duty with the firm-
ness the times demand. livery public Magistrate was
bound to administer justice with impartiality, and to the
best of his jiii:gurent. He sow uo reason to disturb the
verdict.
Mr. Justice Heroyd said, he was of opinion that the
rule for a new trial ought not to be granted.
Mr. Justice Bayley, in several particulars of the
case, agreed with the rest of the Jordeess; there was,
however, a difficulty lie had felt (ruin first to I..st
Out one of the points. He alluded to the direction of
the Leartied Judge %vitt( respect to the publication in
Leicesteratore. No cousideration he hail been able to
Jove was. sufficient to overcome his OhiCC:1011 to that
direction; and he said hr Should not discharge his
if be did nut express his opinion, and give the ((modem
the full benefit of it. 'the jury had no right to presume
the publ,CatrOlt was in Leicestershire without a prima
facia case. Without the evidence of Mr. Bickerstaff the
Jury must have been in the dark upon that question.
Had a bill of Indictment been presented to a Grand Jury,
he was col, vinc,d Eery cout,l not have ctrund the bill
without pro ,f that tow letter was eh:rinsed in Leicester.

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