The National Register.
London, England, 1812-12-27 00:00:00

LAW INTELLIGENCE.

COURT Oa JONG'S BENCH, CiMLDHALL, DEC. 2t.
SITTINGS AT NISI PRIUS, BEFORE LORD CHIEF JCS ricF. seeast-
soariceo AND A SPECIAL JURY.
BENJ A F I ELD WH EBL E.
This was an action on the case, brought to recover compensation in
damages, against tae Defendant, for printing and publishing a scanda-
lous and tarali&ous libel on the character of the Plaintiff,
Mr. MARRYAT, as junior Counsel for the Plaintiff, opened the
pleadings, and stated, t nat the libel complained of was published in a
certain weekly publication, callei The County Citron de, t:t whit r
the defendant was the publisher and proprietor, and which stated
that Captain Benjafield, lorm ody Editor of The Morning Post, has
been charged by his brother Magistrates of Bury St. Edmunds, with
obtaining during his Editorship (in 178 S) an annuity from the Prince of
Wales, for the suppres: ion of artieles sent to that Paper, r fleeting
ou
his Royal Highness anal a certain Lady: this Mr. Wdijafield, for a time
positively coaled ; bqt upon investigation, and a production of two
explanatory letters from Earl Mcira and Capt. Cocksedv, the fact
was completely established.
To this declaration the Defendant pleaded first, that he was not
guilty, and secondly, a plea of justification:
The SOLICITOR GENERAL nlell stated the case on behalf of the
Plaintiff; whom he represented to be a Gentleman of tortilla; and re-
spectability, and a Magistrate of the County of Suffolk. The Defen-
dant t was also a person well-known in the Common Council of
London, and the proprietor of the journal in question. He they
expatiated with his usual ability upon the nature and tendency of the
present libel.
Mr. Hoer appeared for the Defendant, and in an eloquent speech
contended, that the Plaintiticould not be entitled either to a ye:NALL
or to any damages, because he was ready to justify all that had been
set forth in the publication now called a libel. He had witnesses and
evidence ready to prove that the allegations in the publication were
feutried in truth ; and having made out those points, he should sub-
mit that the Defendant would be entitled to their verdict. The
present case was different from a proceeding ter libel by indictmen.
or information, for there they could not go to proof of the allegations,
as ill such a case it was presumed that the libel would tend to a °reach •
of the peace ; but in an action like the present, the camplo.innig ram
ought to prove that he had character to bring into cou+t and to lose,
and it was then for the Defendant to prove the truth of what he had
urged. He the Defendant could adduce proof of the truth of all lie
had asserted, then would he be, entitled to their verdict. Such mallet
be the case in the present instance, and he therefore confidently rested '
on the verdict of the jury.
The Earl of Moira was then sworn and examined. His Lordship
stated, that the Plaintiff having requested an interview with him, he
(the Plantiff) mentioned his having been charged with extorting
from his Royal Highness the Prince of \Vales a sum of money, aasi
the grant of an annuity, as a consideration for suvressing certain
articles which he had thteatened to publish in his Newspaper, re-
specting his Royal Highness and Mrs. Fitzherbert. He stated to has
Lordship, that there was no foundation whareve: for this cha,ge,
that the rumour had injured him exceedinel) arn.)ng his brother Ma-
gistratesof Bury St. Edmunds—and in order to rebut it, entreated his
Lordship to furnish hi:a with a testimonial, that there w sno founda-
tion tbr the report—His Lordship told the Plaintiff, that he would
make enquiry and inform himself of the fact, arid that he would take
every step in his power- for the purpose. Upon e.quiry, his Lord-
ship was miNinformed of an/ payments of any annuity tot he Plaintiff,
so far from it, the impression was clear upon his Lordship's mind at
the time, (but the whole conve,sation amounted merely to assertion)
that he kid not received any such payment and his Lordship wrote
the lettet of testimonial accordingly. Some time after, a ge.dleman
desired to see his Lordship ar.d explain the circumstances under which
the annuity wag granted, and upon that explanation his Lordship
fund reason to alter his opinion, and felt himself under the painful
necessity of writing to Mr. Benjafield a letter, requesting that the
letter he loefore sent might be restored to him (Lord Moira), and ap-
prised hint at the same time, that he (Mr. B.) had stated to his