The National Register.
London, England, 1818-08-17 00:00:00

COUNTY ASSIZES.

' CORNWALL.
TIM RING V. MAIIV ANN nICXER.

`fi,il vent an indictment a2.tisist the defendant for a libel,
pnbtshr•l in a eonsitry new spJper, called the ire,t Briton and
d Aired Ilium the plaintiff, Ali-. R. Gurney, tin
younger, N'ice-ISaillett uf the Stamialy Conti, in the county
of Devon. The C41:543 traw no sooner called, than the Ludy
appeared in Court as her own advocate, and was acconinto-
/Cited at the Rariistei'v table. The pleadings were opened by
%Vitt!.

Mr. t•erjeant PI II then stated the case, and read the libel
itmdfs as it a PPeel.eit in the tt est Briton, in the shape of a
lclter, to the toiliiivine effect :
sin—The fir* which I am about tocoonnunicate, may, perlems.
apywar store siii;mlar than important ; although, in times less cala-
.!itous than Ow present, the btateravnt of any circumstance illustrative
of the borough-mongering system, now universally execrated, must
of itself excise an interest; it is something nt w in the history of this
country, that it slmuld possess an out-lawed Judge. It might be
Billed an instance imp:ltalia:a in the annals of Europe. if a case had
not recently occurred at Vi,nna, of a Magistrate and Minister of
.Ai•ticc being s, titcneed to the punichnient ol sweeidng the streets. A
4;<•mlentrn ot• the name of 'I omkin, was some time past removed
from the office of V tee• %% amen of the Stantia::.• Court, in order to
st.alw room for Mr. It. Gurney, son of the ltev. H. Gurney. of elec.
tinuecring notoriety. This last Gentleman. not sattaffal with two
considerable benefices, the reward of former services. rut procuring
this situation for his sat, obtisinedac the same time a promise, that
the salary shook' be octopled—a promise which, to the honour of
the pat•on, has not been Unfilled. SOW) after this promotion of Mr.
e;urney, the younger. it untortunately happened that he was obliged
to leave the country. it. which lie had been appointed to exercise
judicial functions, and this necessity arose flout pecuniary embarrass-
ments. •It. conseqwitce of this absence, a petition was presented to
the Lord tVanleti, complaining of the negli•ct. mil delay of justice,
occasioned by this conduct, and desiring the appointment of a new
\•ire-%Vanden, but no notice was taken it this representation. After
this statement, it may be a matter of wonder that he should still re-
tam his place; and the fact can ouly be am:alto the famous borough.
mongering system, and to political motivec. Lord Yarmouth lists
lately purchased largely in the horangh Trcgony, with a view of
opposing tier interest of tile Earl of Darlington. Unties this protection
Mr. Gurney found it convenient to go to the Continent, and was
twice out-lawcd in the market places of Plymouth and Deck, which
outlawry has not been reversed. Instead of attending his Court, he
was thercthre obliged to secret himself. Now, Sir, after this state-
ment, -no one can be at a loss to conjecture what are the motives
which operate in retaining this man in a situation, the duties of
which lw is unable to 'discharge. I forbear occupying top large a
portion of your valuable and patriotic Paper, or I could mention
many anecdotes, &awing how Mr. It. Gurney. and his son, have
profited in the school of munition. I shall only add, that lie de-
manded various sums of money from the Suitors, over and above the
fees of Court. ie the only two causes which he ever decided, viz.—
Lopez v. Doolnir,e, and Whitehair v. Webb.—l am. Sit,
" AN ENEMY TO 101tatIVTION."

The latarnod Seijeant then proceeded to state that the
brother ot the rh•fciiilant hail been S. erviary to the Vice:-
Warden, a•iit upon his information she had ventured to
chargA Gm hey %Oh bribes) and con option I and with
the-speritie ai tif extorting 20 g AS from 'fir rariM ain
cause, ty loch he re:ll%rd to decide, till the sum In quit.%
seas paid. The defendant, he understood, would be her oft n
3dwucate, mid was a Woman of nu muletstandisig.—
Ila had to lament Ib it she did not make better use of the
faculties w i %Lich Pt ot Weiler hail been pleased so gift het;
it was not too tale to make an atonement, attlsofigh that atone-
ment inied tollow a vr, diet of guilty.
Mr. E. Build, the Editor of the West Bello*, proved the
libel to be the composition oldie J.limdatit.
The Lady ii vt, rose, observing that she stood there with
revert-Dim, bill Will/Mil fear. Fedi'. n 1114411; nay the iuseparablr
cone alit .if guilt, am! of any offence in a enrol View, her
conseiciii e. emit ely at-quitted her. She did nut appear there
personally, firm, any feeling of presumption, but from her in-
ability to proems. Counsel. 'llw anability Was Caused by a
debt due to her brother, aliicb the' plaintiff ternsed to pay,
and her own disinclination to eio roach on the comforts of a
iiloWed parent. Slit' might be indiseteet, but she mix not
conscions of criminality. It airs the first lime she hail ever
entered A foot( of Joshes, .45111 ink purls could entertain a
deeper sense than het self of the excellence ill tile enlightened
idiorisprodence, which ca. established in this ei3111I•
-try. The pi osecutor would, however, derive his shirt
ad-
♦autage limn her ighorance (tithe law, tor idie could milt lake
Ilse plain 111111 sitnplu :00111111 of denying the talseltuull and
malice charged in the intlientient. With the permission of the
Sae min lead a pass,ge from land Ellenbut °ugh'.
address to the Jury on the It ial of Wm. Cobbeit. t Here the
Laity read an extract ft um the ri port' speech of the Chief
touching tlre lieense of discussing the character and
conduct of men in Public Offices.) The main point on a Inch
:41.P rested her defetice aas, that 31r. Gurney was a Puldie
Officer, and that she, and ever) other subject, a ere entitled
to esainitia his conduct in that capacity. She was fully pie
pared to prole the tiutli of every statement contained iu the
punk-lied lette7.
?tit-. ;limiter Iltirrough. —That the law of the land does not
allow you tit do.
Ilse thr-remihot proceeded, expressing a Ilnpe that she
meld at least he allowed to plate that the publics Mot in
question aa• no :ibid. The July, she trusted, ..ould not be
induced, by any legal sophist's, to sanction a inciple
e:tobtily ails et..e to tcliginn and lo motels—Thal truth
a libel. it 14. is the doctrine not of the law, but
the auettor• of tyianeiy, vier igil slit to enslave
N'imgoattre, not the vindication of character, ails
the: imam thy and uwuauly loudly.' ~t the et ettb.r. Had
tie Its-pus ar;1,11,-,1 by a lie tl 61011glit
his aruuu, ,„ ,51,,,•11, as a lac yet, lie most have Almon, that
siejilo,.ce might be protineed, tt jib 1e::41(1 In eVesiy filet .tateil
is, lip. pinura tun He had, boa et ei , adupled the C0%14114
Tr, ..... r tit 'minding a letnale tor an act trotting to 4 risen
.40. thus prase; he himself basing, net luny sin. e, been sen.
•••Ileell lal six tin.' imp* ittnn ts,pl.l lsy the Cum I of King',
liti•suli, 101 r plAithl breach of ;he peace. in horse.„ hipping
the Solodlotetietieral. stiiteis a bit le met: hail
petit to the Editor of the ;Fest Briton, refaired whol:y to elle
ogferi.el and leethlier lett I 01 Ilse pi oseciitio ; and stills abut
sobniis.iiiii to the Cons I, she :11.111elientleil that the einiibret
of eyes y pei•on in 4 public as open I,t cabin
TIIIS position, as she had Lit 1414 Misled, she hail
Sr.. aaUw •
its of 'mid Eiletibinough in maintaining
Mr. Justici Burroughs—Laid Elleolmiouels m vrr enIII•I
Isilk sewn ii.. 11.441.4., or assert that a man, other,
be 'dial:tett with Mainz% and corruption, liy any perscli
sire thinks Its ini:di.ll silo! a statement in I Ile %%01111,-
1 aut pin teinsgiessitig the law at etety
from a false notion tit walla! fight. Massy tientlemen at
this bat would have been happy lo assist yon ; asol aouid, 1
ant IlUre, have ischli.r.rl a very erent tout of defemeei
Airs. 'tat kyr coutistatJiaall bilged Ware W read a clams

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