The National Register.
London, England, 1811-11-03 00:00:00

deserving ;
low as Lieutenant-

Til E

Joseph Smith, Midshipman, acting as ,
manded the 4th division of guns.—Heard
as.d ne reply for five seconds. Heard second
Yt:g at the I.ittle Belt when the first gun -.
a shot or any provocation was given from
Commodore fired one gun, then the
;action continued.—Thought the Little Belt
ration of the action, and orders to cease

list 0,-der to stop firing was rtceived by
Commodore R. 's statement confirmed.
Henry Dennison, Acting Chaplain.—W
Little Belt was 70 or 80 yards dktant.
hail, and the reply and the second hail-41
from the Belt, as he felt no jar in the Prep
rrovocation had been given by Commodore
modore R. confirmed.

Michael Roberts, lioatmain.—Was on the forreastle, saw the
Lash and heard the guu front the Little Belt, before any shot or
provocation had been given from the President. Had not seen
the Commodore's account.

Richard Carson, Midshipman.—Was on the forecastle and
gangsvnys. Commodore R. hailed, and was answered by re-
peat►ng his words ; secimd hail was answered by a shot. Was
looking at the Belt, and saw and heard the gun, before any pro-
vocation from Commodore Rodgers. Gun from the President
is-as followed by the Belt's broadside, as stated by others. Com-
modore's account confirmed.

Matthew C. Perry, Silas Duncan, and John M'Clark, Mid-
shipmen, gave their evidence to the same effect.
Thomas Gamble, second Lieutenant.—Commanded the first
diAsion of guns. Commodore R. hailed " Ship ahoy !" Was
answered " halloo." Asked " What ship is that ? ' Received his
own.words repeated in reply. Hailed again, " What ship is that ?"
Then a gun from the Belt. Heard no gun or provocation from the
President—swears no gun was fire from his division. Nothing but
mond and grape fired atter the action commenced. Commodore's
orders as before stated ; wen tiring ceased finally. Belt was in
* favourable position for tiring, but another broadside from the
Presidenr probably would have sunk her. Saw no colours on the
Belt, find rook her for a frigate of 3t or ms guns. No fire on
board or sheering off by the President. Statement of Commo-
dore Rodgers e,,nfirmed. •
John Neese, Captain of the first gun.—ln the first filvhdoß
the gun-deck, was looking at the Little Belt, and smy.and heard
bur first fire.

All the other Captains of the guns testified exactly the same as
Neese.

Lieut. Creighton tes-tiF.ed further, that when the Belt was si-
lonced the second time, she hatted up towards the Conimodoie,
instead of keeping away, as she should have clone to tire at the
President, and would have dine it her rudder had been free.
Commodore R. expressed much humanity and anxiety to stop
the firing. Lieut. C. also testified to the offers of assistance from
Coen. R. to the Little Belt the next morning.
Here the examination closed, having, as we understand, em-
bracedevery deck ofticer,as well as captains of guns, now un board
the President, who were present during the action. The hours
when the chase and action took place, with the courses steered,
and some technical sea terms, are omitted, as unessential to the
ntaterial objects of the inquiry.

LAW .REPORT.

COURT OF KING'S BENCH, Nov. 1.

tirTiNes AT NISI PRIDS, AT GUILDHALL, REF°RR LORD
CHILI? JI;STICR LLLENHDRoUGH Atli) A SPECIAL JURY.

LIBEL.
THE ltiNG, V. HENRY WHITE, SEN.
The following Jury were sworn to try this information:—

SPZCIAL JURORS.
Mr. Noble, Foreman,
Mr. Bowden,
Mr. Maim,
Mr. Hankie,
Mr. Allen,
Mr. Danvers,

TALESMLN.
Mr. Chipp,
Mr. Cole,
Mr. carpenter,
Mr. Leaf,
Ma. Hamilton,
Mr. Wrigglesford.

Mr. Richardson opened the pleadings, by stating, that this
was an information, charging the defesidant with printing and
publishing a seditious libel, on the ltith of September, Iblo, to
which he had pleaded not guilty.
The Attorney-General stated, that he had thought it his duty
to file a criminal information against the defendant, fur a must
tnichievous libel, and one which he should have neglected his.
duty in suffering to pass unnoticed. In order to render be
Publication intelligible, to the Jury, he would state to them the
ciieuza,tatices whicb led to, it. After the splendid achiever

mrdal•
hrtween
• victo-
stu-
out

—.....mavus-••••110W much better
the soldiers of Buonsparce's army were treated
than our own. There was no man, who desired that any thing
like order, or security of property, should prevail, but must
wish to discourage such Publications as these; and it was im-
possible not to see that the manifest tendency of them was to
excite tiisAtist and disaffection in the minus of the soldiers; and
to hold out to them that they were contemned and thought
lightly of by those whose duty it was to notice and cherish them.
It such a spirit as this were to be disseminated and to gain
ground, it was unnecessary to detail the calamitous cunse-
pie.tices that might ensue. Did the Jury believe that the com-
mon soldier felt a rankling jealousy in his breast that his Oftri'r
should bear the
.badge, and not himself personally ? No : he
would rather point to it with exultation, aril exclaim, " See
how we are honoured! See how our leader in the day of battle
carries about him th! trophy which he and we won !" It re-
mained for the Publisher of this Paper to give the proud testi-
monial the coottr svhich it is here lalsoureil to take; and to se-
duce the soldier limn his duty, by endeavuurieg to persuade
him that its intention was to disgrace and vilify hitn. Another
part of the libel contained the most gross and abusive scandal
of his Majesty's Ministers. The Attorney-General did net
n'ean to say, that the measures of an Administration might' no!:
be discussed with freedant ; he always had been a friend to mice
discussions—always ought to be—and always would be: bet
they did not justify a man in lavishing abuse upon Mini!.
ters, merely because he did not happen to think them fit for
their *nations. The Publication before the Court bluntly said,
that the character of the present Administration was infamy—
that their conduct was held in universal abhorrence—and that
their every act was influenced by corruption. Was this keep-
ing Within the bounds of [`air discussion ? Had it any re-
semblance to discussion ? It was mere scandal and gem rill
slander ; such as must never be permitted to pass with impunity
under the honourable colour of fair and free discussion. Upon
these grounds the Attorney-General rested his case ; his Lae d-
ship would pronounce upon the law of it; and would tell them
tlpt it was indeed a libel, both as it related to the soldiery and
the Administration.

(The libel was here read by the Attorney-General. It accused
the Administration of general corruption, and characterized it
as fatally inefficient—as betraying its imbecile character in its
slightest movements—as scuffed at by the rest of mankind—as
putting the seal to its character by the corrupt and despotic act
in question. The writer knew that it had always been custo-
mary to bestow the reward on Captains, but maintained that it
ought to be extended still farther. ISuonaparte avoided all dis-
tinctions in his army : there, merit alone ensured reward ;
and hence that enthusiasm which prevailed in his service. he
ours, the melancholy reverse was tound. The spirit of the lans
guage of The Gazette, in which these rewards were announced,
was, that the Superior Officer alone was honoured, the brive
soldier contemned as below the 'other's Iced, and accordingly
refused the same reward.]
The Attionley-General concluded by asking the Jury, as men
of plain sense, whether the tendency of this paper was not to
creat disaffection in the mind of the soldier; and if so, they
would hear from authority that it was a I.bel.
Ztheara Loaves rose in this stage of the cause, to take hie
Lordship's opinion upon his situation. He held a brief fur the
defendmit. In the Summer Assizes at York, of the year 1795,
in the case of Mr. Redhead Yorke, in which Ws Lordship was
Counsel, that Gentleman's adv';catrs were permitted to cross--
examine witnesses, and the defendant himself was hew d in his
own deteme. Mr. Lawes requested tor his client the same
liberty now. There was a printed report of that case; but as
the practice was not familiar to the bar, he thought it right to
mention the circumstance to hes Lordship.
Lord ELLINbOSOUSII recollected that on that occasion wit-
ne•ses were examined by Ceunsel for the d. fendant ; but he did
slut recollect upon what grounds the indulgence was granted to
bin.. His Lordship could persoadly have no objection to it;
but he was afraid of its growing into a precedent. His Lord-
ship was Counsel there, and of course bowed to the direction of
the Court. 44.1 will tell you what, Mr. Law's," said his Lord-
ship; i• be must mass-examine the witnesses for hiensolf ; but, if

THE NATIONAL REGISTER. - 691
. . .
.--„Ameri11er..„1„„,...............
Master's Mate.—Com- rnents of ovr army in Spain, at the battles of Itolei:t, Vimiera,
ird Commodore R. hail, Talavcr{„ and Corunna,bit, Majesty was pleased to direct, that
!coed hail, and was look- out ofivratittide to the British troops engaged in those victories,
was fired by her, before medals should he worn by all itiiieir Officers of a certain rank,
cim the President. The in commemoration of their services on those occasions. It was
Little Belt three, and invos,,ible that thane medals could be given to all concerned in
Belt a frigate. The du- these victories, although all were equally deserving of them ;
as before stated.—The their were granted, therefore, to Officers as low as Lieutenant-
r three different Officers, COUAels inclusive; now the itct of the libel in question was
to hold out tote common so 9. r s that these grants of medals
Was on the quarter-deck. were. made in• ores*. tb crea -an odious distinction between
Heard Commodore R. them 'and their men.:.to attribute all the merit of the victo-
.—then a gun, he thinks Ties to to otheees....anCtO insinuate, that the men were stu-
resident, and no gun or I diously passed by with libiglect and contempt. It also held out
ore R. Account of Corn- the favourite comparison on those occasions--how much better
the soldiers in the ranks of Buonaparte's army were. treated