The British Press; or, Morning Literary Advertiser.
London, England, 1811-06-28 00:00:00

LAW INTELLICENCE.

COUNT OF Kin's BENCH, JuNE
THa BING C. JOHN ROBICIMON SEEL,
This Defendant was brought up to receive Judg-
mint for sending a threatening letter, amounting to
'challenge, to Mr. Munnings, a merchant in the
iv.
k appeared that Mr. Munnings had obtained a
Rank acceptance from this Defendant, a whip
with i,KOI. ; but which,
broker, which he filled up
twang referred to arbitration, was limited I", 3001.
This 1.1-t. -um not being paid when due, the parties
bappens.l to meet upon the Exchange, and Mr.
Winnings called Bell a rascal, for not paying his
ic,.epto,ce, upon which Mr. Bell called the prose-
cutor a liar. Mr. filiinnings then knocked him
amen, ind Mr. Bell, upon getting home, imme-
diately sent him the challenge for which he was in-
dicted.

Lord ELLENnonouuli, after hearing the counsel
for and against the Defendant, thought that this
nig a case which ought never to have proceeded to
Undouhtelly the letter had been written
in the most unequivocal terms of irritation, but the
Defendant, who was a young man had beets first
cnarged as a rascal for not paving his acceptance,
md although he retorted the term of liar time the
Prosecutor, who then took advent&of I •be superior
prength, and beat the Defendant, yet they mast
target that they were men if they did not make al-
lowance for a letter tinder such irritation. It was
linwever Llie.duty.of that Court to watch over those
who are nicety to arena tne peace, and at the saute
time not to let any person fall a sacrifice in the
outrageous passion of another. It appeared that
justice would be best answered by tasking the Di..
fendaut find sureties to keep the peace.
Mr. Justice. Gaon then pronounced the
Judgment of the Court, which was, that the De-
iendsoi be imprisoned for one calendar month in
the Marshalsea Prison, and find sureties fur 1,0001.
to keep the peace for three years.
Tim RING e. GEORGE MANNERS.
The Defendant was brought up to receive the
Judgment of the Court for a Libel, printed in the
poblicetion called The Satirise, against Mr. Haller,
a magistrate in the county of Becks, awl a gentle-
man of fortune.
Mr. Manners not having taken the assistance of
Counsel, attempted to speak in his own defence ;
but was frequently cautioned by the Court not to
ag4ravatetke original libel, by making further
sia•einent. gf a similar nature. He alleged, that
be bad only attacked Mr. fillet's public charac-
ter, for having become the patron of Miss Taylor.
/10 acknowledged he was the proprietor and ori-
&iota establisher of The Satirist, and that it had
put a great circulation. Libellous matters might
be inverted in it without his knowledge, as he only
went to the office twice or thrice a week. The first
of the libels of which he stonsi convicted, had been
forwarded to bins by the post, sod he had used
every passable means to ascertain the truth or false-
hour: of what ig contained. That libel 3(1'11..41 the
Defendant of profs inhumanity towards his sister,
who was to the Itiog'. Witch prison, and he had
therefore gone to her, and he found her on a
bed of sick...; earl upon questioning her, he
tossed that every word of wile as therein stated,
was DIM That arts the authority upon which h.
had acted. Ht did not est all know Mr. Millet.
and, therefore, could hear him no malice; and at
any rate, he had aot attacked his private, but only

his pubilecharartkr.
Mr. Part , on behalf of the Prosicsifon, ob-
served, that the tir.t 01 the bloods was dated so 101 l
610" may. 1809; and the Gentleman who pro,e-
euted, did oat think it worth his while to bring it
before the Court till a year and a quarter hid
elapsed. namely, the 2d Sept. 1810, soon after the
second libel seas published. Thai shelved the lie-
fendant to tie a most deliberate libeller, and, he
might "•f, • 11,00 malit-ions libeller. It was true
that he did not write the firq libel, but he. had
adopted it in its utmost extent, as he had
given it a title in his own hand-wliting, name-
!)., that of flurnsuity," in large let-
tere, to draw the attention of the reader to
it. Thi-re was rat one word in it which could
tit said to attack the Prasecut.ir's pulilic character.
oar magistrate, hut it was all pointed at his private
i.:haratter; for it charged him with toast grievous in-
humanity to hes own sister. whom he would not re-
-I:eve. because she was a virtuous woman, wide he
chose to spend his looney upon those who wert not
•irtuono„ This, surely. was no libel upon the pro-
secutor's public character. The D. fendar.t had
not denied that he wrote the second libel, wherein
he sties ed himself to be • person of no education. by
the low and grime Imago me which he used. Ile
therein denominated tbr Prosecutor • de 's beteher.
iind railed him a eow•rd, for refusing a
There was hardly env thing 'note calculated to r
the
o-
de( e • breach of the peace, and he trusted
condt naiad visit such SO offence with Citiliplay
Pl3l.l4lffirtil.
Mr. Justice anoint pronouncing judroent,
hated. that *Ace • trial before • Jrowl ury. th
m e Urfenns
abint had been cousirt-d of • g and ain io
libels published *nth the most deliberate con-
viction. Ile had thought tit to go to the King's
Ileoch for the nospue nil imparting into farts uhich
he bail nothing d bad no right to
sneers hirnaeil with I,lr. Halle, DOf his char icier
for if that licatleman hid acted wrong. the law was
toile:we he h•tl wrier all the rir-
etaistosicsi of the env. the Court adjudged the
Ifbrosibaat to he twomotod to the Marstialsi a
Prima. for their totem:et months, and to give se-
ts it; foe three rare foe his good conduct. by
“refirtg iota reenassooces with three sulficiest se.
300'.
The Coot were then occupied till three o'clock
neoriwg ovitvoirs of try public importuner. after
'men, Lod Ei.thosoantais sat et hiai petal
moo artily vieidef..odad,
COlitf Ot COMMON FLUX

trilliat r.•
Thi• was ova t.e• btemmitst WWII I Mill Of
rf 00 • drod minuted seder the fiellonieviaz
nevem.% mem. --lie the pot 17" Mr. Tsmtve yline. et
Opets-13.tose. epresri. had loord 6001.
frees the Plastid• wise, tear the rteed oat &Roo
UP. Th. died stst.4. thet. se • ese•trial or-
•""111. for th.....rwrieret tfte the Nair
o.euLl be pet reetetiseh et sidle Wert lockets,

,~~"s

granting a free admission to all Operas, Masque-
rade:, and Concerts, at the Opers.House, with the
exception of the Concert of Ancient Music, twit,
the loan should he repaid, when the privilege was
to cease and de:ermine. Is liquidation of the
debt. three Bills of Exchange for 200 i. eackOttil been
given by the Drfendent, two of which were taken up.
About the middle of the present Opens season, to
consequence of some applications made to Mr.
Masterson, the Secretary to the Opera, he inform-
ed Mr. Taylor, that admission, under the terms of
the deed, had been demitioled for three of the
1 silver tickets, which bad been granted as before
mentioned. Mr. Taylor smeared, that before lie
could give orders for the admis,ion of those ticket.,
he must examine his books and papers, as he con-
ceived he had paid the principal part of the accept-
ances ; and, in fact, no person was admitted on the
tickets. tinder these circumstances the Plandiff
brought his action.
The defence set up Wa?-14t. That the transac-
tion was tinctured with usury—as, be-ides the legal
interest, the privilege of entering the Opersahouse
was superadded.—lint, as there an a clause of re-
demption its the deed, and as no specific profit was
proved to have accrued from this liberty, the Court
decided against the plea. The id head of defence
was, that the Defendaut had paid the money.—
Two of the Bills of Exchange had been discharged;
and it was contended by the Defendant's Counsel,
that the profits which accrued from the tickets,
during the long period they Were in Plaintiff's
hands, it being customary to let them out by the
night, would more than couwerbalatice the sum
, due on the third Bill of Excha,ge.
, I Lord Chief Justice MANSFIELD said, that al-

though the p►ofits thus obtsiiied ought to he se-
counted for, still that dtd not support the Defend-
ant's plea, which was, (list he had paid the sum
specified.
The Jury, under the direction of his Lordship,
returned a verdict for the Plaiatiti tut the outgun&
iug Bill of Exchang►.