The British Press; or, Morning Literary Advertiser.
London, England, 1820-11-28 00:00:00

LAW INTELLIGENCE.

COVET OF KING'S BENCH, Wampum',
MONDAY, NOYINBUI 27.

THE KING v. SIR F. BURDETT.

Their Lordships proceeded to deliver their opi-
nions seriatim on the motion for a new trial in this

C WC.

Mr. Justice BEST reed the evidence taken by
him at the trial. lbs Lordship then said, that at
the close of the evidence at the trial, it was submit-
ted by Mr. Dennis,. and Mr. Phillips, that there
was no evidence of the publication of the libel hay-
ing been in Leicestershire. After the able argument
which he then heard, he still thought there was
sufficient of evidence of publication to leave to the
Jury. The case was defended by the Ilminurahle
Baronet himself. and the coarse of his defence was
the impossibility of his entertaining the intent
charged. tie (Mr. Justice Best) left to the Jury
too points: lat. If there had been a publication in
Leicestershire; and, secondly. Whether the paper
so published was or was not a libel. As to the
publication, he thought lie had told the Jury that
the Defendasit must be µrepotted with evidence
to rebut it, if the publication was sot in Leiceo-
tecshcre and to the second point he had told
them, that the intent was to be 'gathered from
the paper itself, and if they thought it likely to
•scite desalrection to the Government, a man most
be presumed to have intended what the paper was
likely to produce. If they found that intention, it
was my duty to state to them that if it was so pub-
lished with that intent, it woo a bhp!. Upon the
evidence and siiiniming up, the Jury found the
Defendant guilty. Since then a 'notion for a
new trial load been mad!, and he was very
glad that au opportunity was by that means
given of Inevingthe whole question thoroughly sift-
ed. The Defendant Wd had the assistance of
as able Counsel as ever graced the bar ; all that
talents. !corning, ingenuity. and research could ef-
fect for him, he lied had the benefit of. Three
objections had here, taken, 111.14 afterwards, rather
late, a fourth objection had been started by the
two Learned Counsel who had last addressed the
Court, and though it was not made at the precise
'...1 thot it regialsrly ought to have been, he

It., 1114. hit own part, always women io poi..-.... ...•.. •- -
..1 c“.ly I. (-illy CUlll4llllttli atliiIIIII:y ; hut he would's4i : 1mn...J.°7" 11..T11Iir_7:1111;te• L'"-`l' "" ""---1." •-• ""- . s lim 711161 v 11., 10.6. 0-... ---- ------- --- - --- -- ......- -__...
nn) man lithe rominel °film Bench at the upper mail of the ; tam/Mier of the WM.. NON 10tit iii /he loud bunt objections had been taken, owl afterwards, rather to provoke a challenge or breach of the peace and a general
Neer of Linda, the Noble Peers ht Wen siervc,', I'Bo hut ! a Yet *lnch thil"esed the nicht" of the late, a fourth objection had been started by the
N lAA 10 lower ohms in the eyes of the whole non, try ' lint I miteue.l two Learned Counsel who had last addressed the With respect to the Learnt d Jailer's direedo-nii-i-o—the J-ii-r-s,
lioel which it likely to produce a breach of she pew.. He, as t. whether the .ri_in l • his duty
- -
as a Judge, would not have referred to the civil law fur g
authority; hut as it had been referred hi, he lutist my, takaul by the statute to ilecliareit.,3agnail beibeelsoiriremi.at;yillowida.thhese.letinellyy
they niter. adopt it or not A. to the objection to Me
1
ii treated that Missistees were rot content with ohm they , Air. flotattouvt rose to return thanks. and itnolos Court, and thossah it was not made at the precise he thought the civil law hare him out in hot &moment. The ..ummia,
uv, 1,..
mew
He, ;him, tiro she
et,ree- mione 0. the
had already dome. He doomed they hail done more than ! period that it regularly ought to have been. he Learned Judge referred to Cicero, de legibmi, and to writers •
I 1 enough, in all ronsrimsee. to allay soy restorable 101 of 1 Kist!
,__ hte.itte 'Pet?'" what'll he felt it "fee" iry to
Wis. he km einlretesil: actuatetrisd:dotromtelmtiateinisyb.
ce•ndi
at
•
' l nest.—(opiww,w)—two they, It seemed, we're out yet salts- • ""."1".. 0 'welt-- I i ulvioe.a. ll tnete were 511 thing in it. that the Dr. OU the civil I iw, In thew that ediderii era. a mere iiii.lige
and equivalent to the ruhhAiue in .. !. I law, and that manifes- law.
est eitituld have the benefit of it. The first
ti. ti ; lie 7 were de.,,.......d iir subject the Queen to still fur. 1 mettle% (St. J Atese.',) how was the word used (or publishing in the impulse muse
concSlur.rJredustwicedhllClLLei;
.aid, that
mm italmsr rAirel
ttae..ticitiare . he •
oh,. issen asst prememitsa. The Queen wrote a letter 1111 ! However, his roustdirraitt were welcome In hit services objection was. that there was no evidence that the
1 „,...,ii, it to the Prime Minister, I wherever he """ be" oar to "lei' inl""is. Ile Pr"C"" . ...‘
. . . - . "the word; and concluded that if it were so, Sir F. Burdett
she •ohj. et of her ream • •with libel was pittnioneu in t.ricestersture. Ott that heIOC que,ito•
st Itch remained fog several days ttttt 1011c.I ; at length it was • his cosetirreace with the objects of the meeting, and bed done all that he had to do with the thing, mid that was
~,,, rim,. ~,,,„,. „h. „poke must. observe. tbst if there
itwere say evidence at a publication. Had the letter been tent by the p c•t, they or the ecjeclnin of tiro evidence eif Ihe Pcnceediner-e " %I"-
I ......nd, arid she was informed, inat it had not Ice.. earlier I must of what had fallen ftcheater, be had no doubt. It should be remembered diet
il It was hi. duty to le.ve to the Jury for them would have beard something of a teal—He now came to
attended toy Wearer the Flame Minister was out of town.— i Infore him (Wr. Nor Dilute:« '. He Holeroiril not to have the ■•
the second .nnt, the reject• of evidence which on Ist to the indictinent did not chow 11w facts stated to he fats.. and
•Itirme! skews!'—Why. what did the country pay those I twine reverence for 51st- I rrioinicnit whirl. that Gentleman to 'judge 04. IN niter. Had be pursued soy tither
guilttoecult.
illyebo Cellos!
hriaudtt:e.thriyisii7ibiati.sii:o.umniaiatilaa om merciful
i ut
a:1;01'0411'u:
(valise then that, it would Dot only have been un- have rPr:eviverf. On this hed there was • ihtfertiteeiC h.
tweet; the argument of Mr rhatir
ocrlettutfrai.diad
at rsiaLleu„cheitnaleru ;
hbandt
,thsomers for WWII, bull 111 IA/' 10 Ike way-... 10 stink! to , bad expressed, he (
hum r. lolphoute) heeler; had iterbaps more
lba;:ceriaulqiussituNie f
lite bevoreso or tic rOillOisy. SIMI 10 pay proper alleylion end '
tesperiendee
dl
tearlirshoelwirne.lll tenth of theecciadsew..... (0r1,„,t
cOtiotiltttliiiial. but it would not have bent a trial olloojoi tint all which
pamdaney.h.r, ynac:::lid.ilesamit
i ..spurt Its the learnt auttrott es of the realm Havant into
tte trben tkw of the 1"
by ,for but a t.i•l by Judge ; and uot wily been given iii evidence, it could nut have operated an ac-
quittal of the Defendant ; for what took place there could
bow Howe treated Iss :114, Prune Al nattier, the Orem. wrote 111 Dern.:eL-ii whiehrirwectaisippoted not yegt. ts.:lll3Pllrverlieetninuted,
.and
stair ii.....ur.,,,,....
_wit the !Nue, of coismoira was Mu irf..re advised them, as Ire would advise reel y meeting tutu would it lave been sticouotitutionol, but directly
toot apply to the phrase" reign of terror," nor to what was, without entering into tat proof of abether warier bad
•
, war 7.4. •.. •ar if I, ' y........;„..........,AgpjGzfm....:,...,__,....„_.....,......„
, .............., p.Or'XII*4II.
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