The British Press; or, Morning Literary Advertiser.
London, England, 1820-11-23 00:00:00

TIM QUA P. N.

1 1 • r MAJESTY, .011 Saturday lost, honoured %I'm
WI t. usu., Esq. M.P. by Iwr presence at dinner,
al till saimusion bowing the rover twist Cumberland
Gardens. A distinguished company were ',merit
to receive the Qusitts, amongst whom weer:—
IN BAIA Highness the Duke of SussEx, and
Pewee I.torot.u. Lady ANN HAMILTON. Lady
CAROLINE DAMER. Mr. Alderman WOOD and
family, •nd several foreigners of distinct . Mr.
Wst.t.iiists's mansion is that %%11.10 was inhalited
by the Irste Duke of BRIJ Nswics, her MAJESTY'S
Indy brother, who fell at Waterloo, where his Serene
Highness was frecinebtly in the habit of receiving
her MAJESTY. whets Princess of WALES, and her
beloved and lamented daughter, the late Poincess
CHARLOTTE.. p

Vesrerd.ly the Cabinet Ministers dined with the
LORD CIiANCLI.LOR.
The Duke uf DIVONSDIRE entertained a select
pasty or elistte.ClSOU yesterday at Devuw.iiire Moire.
Earl Waimea-nil And the Duellers llogsvr
hare left Kook, Kent, for their seat, liuckliurat,

So.sex.
The Earl ami Countess of SURREY have arrived
at their .est, Walken') Manor, Nutt,. from a tour.
Eni said Countess of ASHBURNHAH intend
Ireving-tosni in • few days for their seat in Sussex.
Mtn STAPHINS has joined the Birmingham i•oni•
pony for tire a ghts, and made her nonviolence there
fin Monit.iy erettiag hist es Dianu Vernon, in the
Opera t.f nob Roy Macgregor.
The Tressmy Jotonala contend that pulling
off a Bill for as :nowise is withdrawing it. Tims
jumble of the reseed and the festive If worthy of
the disciples of Lerd CASTLEREAGH.
The Conniff*, OLDI, Madame VAsSALI and
slicer. soul Madame FELIci. with tosuY of the
halm° Nuleility, honoured Covent-garden theatre
soul Tineday most. Siguor Kisco!, the Command-
ant of Police. who broogbt over the letters of Baron
thertEDA. wail also there.
Great impatience is attached in some of the Pa-
ter. to the ofliaal of Mr. CANNING from the COW.
novo. Tii,e is hie very little importance
was attached to hie abeeuce.

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k --i

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C 011111? OP OMOPOINWE
Wassaassaarlierinera
as ;An: • f. ' 'OOllllll
t• The hma.csaIICILIMIRISMINI IMO Court at
halfepost ten o'clock.
IRNRaaL SU& ANS MITI.. IN Tall LUNACY Of
?SS LAIR DUCHESS SWAMIS or Nonrot.s.
Mr. Hair stated this was the pinion of Gene.
rah Bur and Mr. Smith. the heirs at law of the
Isle lunatic, praying that, as suck, they might be
put in possession of the estates of the late Ditches*
Dowager of Norfolk. she being deceased,
Mr. FISALD raid he appeared to oppose the hears
ing of the prtitioto at present. The Master had
declared by his report that several persons were the
heirs at law of the late Duchess, but his declara-
tion was not conclusive on that point. He held in
los hand the affidavit of Carew Maria Jackson. of
the City of Dublin. setting forth that her brother.
Robert Jackson. chinned to he one of the heirs at
law of the late Duchess. snail' conversations that
her brusher had with the late Duke of Norfolk.
his Grate alwass admitted his claim; that when
she last beard from her brother he was at Buenos
Ayres,. and is his letter he mentioned that it was
his intention to return immediately to this country,
and she had Ho doubt but he would arrive before
the next regular day for hearing lunatic petitions,
and that she was .couitiored it was his intention to
prosecute his claim. 'What then he, the Learned
r Counsel, had to ask of his Lordship was. that he
would isostpotie the hearing ,of this petition until
the arrival of Mr. Jackson.
Mr. HART said, it was the first time that be had
heard his Lordship had any fixed day fur hearing
lunatic petit ;he had always understood that
the Court could take them at any time it thought
proper to appoint fur the purpose. He contended
that the receiver was a trespasser at this moment.
as the heir at law had a right to enter instanter ott
the decease of the lunatic; for it was not the pro-
perty of the lunatic, but of the heir at law. Au
inquiry had been made in the life time of the lulus-
tic, as to who were the heirs at law, and the peti-
tioners were declared as ouch ; and on that occasion
Mr. Jackson put in his claim before the Master,
and it was disallowed, and he had never taken any '
exception to the Master's report. Ile submitted to
his Lord-hip, that the best course to take would be
to put the petitioners into possession of the estates.
and for the receiver to pass his accownts; which
being done, if Mr. Jackson had any claim or title,
lie could bring his ejectment instanter aguitist the
'sentient.% and by that means decide the question.
Mr. SIIADWELL followed tin the same side.
Mr. WROTTESLEY said, he appeared as Counsel
for Sir Edward Stanhope, who did not object to the
petitioners being put in immediate posiseseiou of the
estates, liable to his claim to a moiety of them, as
cs,w of the heirs at law of the late Duchess. He
had presented a petition to his Lordship for the
purpose of establishing his claim. which would
come on to Ise heard on the next day for hearing
lunatic petitions; he had also furnished Mr. Wing-
field, the receiver, with a particular of his claim.
Mr. SUGDEN, Counsel for General Fitzroy, said,
that his client chimed a reversionary interest in cer-
tain parts of the estates, but he did not object to
the prayer of the petition being granted.
Mr. WETHERSI.I. said. he appeared for the next
of kin of the late-Duchess; and he was willing to
submit to any order his Lordship might please to
snake.

The LORD CHANCELLOR—This is a question
merely about the delay of three weeks, which delay
thick I ought not to refuse, particularly as this
Lady swears that her brother, Mr. Jackson, will
be here before the expiration of that period, and
that she is certain he will prosecute his claim.
There is another circumstance that has considerable
weight with nor ; she swears that her brother had
several conversations with the late Duke of Nor-
folk ow the subject of his claim, and that his Grace
admitted it ; and I have had ;111 oppariunity of
knowing that there was no man who itialtrstood the
subject of pedigree better than the lute Duke, and
that there was 110 mati's opinion that ought to carry
greater weight with it on that subject. Let these
petitions, therefore, stand over until the next peti-
tion day, and in the mean time let the receiver take
care of the resets of the estates.
Further consideration ro.tpotierl.
[The estatrs Ise queviiion are of the value of
15,000/. per aiiiiiim.]
The LORD CHANCELLOR rose at two o'clock.
His Lordship will not s t to•morrow (this dal) : lie
%ill hear ruotitms on Friday.

VICE-CtIANCCLLOR'S COURT, LINCOLN'S INx,
WEDNESDAY, NOVEMBER n.

THE EARL OF SHAFTESBURY AND OTHERS V. HIS

GRACE THE DUKE OF 1414111.00R0UG111.

[For the circumstances of this ease Pee this Piper
of liltursilay last.]
The Vicr.-CHANCELLOR this clay directed that
the Noble Defendant should bring an ejectment
against Lord Churchill, to try the question whether
he or Lord Churchill was entitled to the 18 acres
of meadow land under the will of the late Duke
of Marlborough, and that Lord Churchill should
admit on the trial that he was in poasesiims of the
land, and that he should nut set up any plea as a
liar to the quest.ois being fairly tried by a Couttof
Law.
Ilia Honour wue occupied the remainder of the
thsy to hearing exceptions argued, of uo interest
except to the parties cuiicerned.

ICOVRT OF KING'S RENCII, wwniimm,
‘VF.ostsualr, NoYgMIYR 22.

THE KING V. AIR F.BURDETT, BART.

A fter *owe iiiiiiiportaiit Wetness, the Court call-
ed Nlr. BLicktiuris to proceed.
The Leann d Comiwel (11r. Blackburn) then
mated. that It w 4,4 his duty to cot.tissue hi. argu•
merit. in nppuriti to the posilimis of the Ai-
-1101.16.1 and Sidiciiiit-General, as to its being a legal
Crime its the mere writing of a libel will t pub-
hushing. Those Learned Gentlemen had contended
that the writing of a libel without publishing, was
a crime: they contended also that the writing of MI
libel ought take place in note county, and the publieh-
ing in another, and the Defendant might orted iu
tither cc y. lle contended that the Defendant
could not be tried to any utltrr county except where

~;

Ilitsfhosee wM tatelleted. The crime etiosisted of
toe acts—the swedes aid the pobliddett..4till ate
tsie`eittapleted d4I -the pelliesties 'wet place.
Ns thew 'cited the cies of the Kim • It. 'llettesT.
IS sheir'lliet the svelte lutist he laid sad the Mel
had iw the ration where the offence was eatepleted.
The case of the Kin s. Buttery was tried in BIM
befbre Mr. Jesttee Graham. 'at Hereford. The
offence was obtaining money under fake pretences
or threat., and the tinted took place in one county.
and the money was paid in another (Hereford); and
the Judge held that the venue was laid, and the
trial had. in the proper county, in the county where
the rffellee was completed. So he (Mr. Black-
burn) mai-teil that this trial ought to have taken
place in Middlesex, where the offence was corn•
plead, where the publicatiou took pare. He
would not, after the decisions which had taken
place. now contend that truth might not he • libel ;
but he would contend that where the libel consisted
of a commentary. the facts ought to he *hewn.
Ile would suppose that it the time the horrid Moir-
der of the Murr faintly took place, some of the
Editors of the public paper. had b-eit indicted for
stating that something had taken place disgraceful
to the character of Englialimen. If the Defendants
in that supposed case were allowed to prove the
truth of the facts on which he had commented.
would any man have said he could be indicted for
• libel ? In the case of the King to. Horne, that
met of evidence was admitted ; and when afterwards
the case came under the revi.ion of Lord Mans-
field, he did not say • word which implied that eurlt
evidence had been improperly admitted. Ile (Mr.
Blackburn) should like, therefore, to know why
the 'time evidence should not have been ed tttttttt ita
the present case ? lie cited other Mel in support
of his argument, and then mid. that if the Judges
should decide that writing without imblication was
an offence. that n new nisi must be had on the
ground of the writing the libel not b,•ing charged
on the recoil. After using other similar niguments
in support of the motion for it new trial, he said.
that he hail a duly to perform which he was lorry
had fallen to his lot; but however painful it was to
him, the duty he owed to the Defendant. not only
as his advocate, but his personal duty to him, and
his ditty to the public, compelled him, regardless
of consequences, to honestly discharge it, fairly,
openly. and fearlessly. It was peinful to him, who
would have to spend his life in that Court. to give
offence to any Learned Judge; but his duty to
his client obliged him to say that something did
take place at the trial which lie should state to the
Court, and request their Lordships' attention to it
without making any comment or observation on it
himself. The Learned Counsel then proceeded to
read Mr. Justice Best's rimming up to the Jury,
front the sliort-haud writer's notes, premising that
although he was not personally present, his Learn-
ed Friends, Mr. Denman and Mr. Phillip.. had
assured him the paper from which lie should read
was a correct account of what was said. After con-
cluding the recital of the Learned Judge's suinutiog
up, Mr. Blackburn said, he should wily obseive,
that there were many parmges which their Lord-
ships would see had unfair constructions put upon
them. He was surprised that in this laud a Judge,
who was hound to be Counsel for the Defendant,
and on whose heart mercy ought to be unpinned,
should have put constructions upon the language of
the Defendsut which indicated guilt, when a con-
•steueriatit could more fairly and properly have been
put which would skew the Defendant's intentions
to have been innocent. He therefore coutended,
that a new trial might to be hail also upon the im-
proper summing up of the Learned Judge, to whom
he had not the least inteution to offer offence.

dies Justice BEAT--,, I don't feel the least offend-
ed at any thing you have said, Mr. Blackburn."
Mr. BLACIEBOILII—" My intention was to eo
my duty, without giving offence to your Lord.hip.
1 should be sorry to have offended any body."
Mr. EVANS followed, at►d contended, on the
authority of the old books, that as the law stands
at present, it was clear, if an offence were s tut-
ted in two counties, it could not be indicttil in
either. In support of this he cited the Year Book,
4 Henry VI. On the question, whether writing alone
be an offence or not, he cited the case of the King
against Woodiall. lii that case, the King ageing
Bere was the only authority relied upon to support
the verdict ; and lie contended, therefore, that the
authority of the case of the King against Bert- was
entirely overturned by the decision in the King
against Vlrootifill. In all the coots of writing,
printing, and publishing, the Learned Judges had
always left the publishing to the Jury. In the
cares of the King against Lamb, Smarten-,
le•on, Reeves, Fiuurny, l't liter, and %Villiers,
that had been the case. Now what was pub-
lishing ? lu Johnson and Chambers's Dictiona-
ries, it was explained to he the act of noti-
fying to the world, the act of divulgetion. The
mere delivery from the hand was Hot a publication—
even in the Star Chamber cases it was considered
esrential that the libel should be knows to a thud
per,on.
Mr. Justice BATLEY said, there was a dir,inc.
lion between civil and criminal eases. In a crimi-
nal case it was sufficient that the libel was known
to the party libelled, because it tended to a breach
' of the peace; but in a civil case, the party receiving
it himself is not thereby prejudiced in the estitna.
Cum of other persons.
Mr. EyAlis said he would suppose, for argu-
ment sake, that writing was an offence withZ,ut
publication ; then he would contend their Lordrhipe
most grant a new trial, as writing was not charged
in the indictment. Again, he would admit, (or the
purpose of his argument, chat delivery from the
hand, viz. into the port-office, was a publication,
still the Court was bour oew trial,
Fur in this case it was elle
have been put in the post-offi,
shire ; ►t was assented that
county, which ought tr
Learned Cuttiaiel then
King r. Lord Halifax,
authorities, to 'Mew that
could never be presumed,
Mr. Justice BEST-0'
persons have brew 'Bewail
all cases where there is •
must be presumed.
Mr. Justice BATLEY-
case of a publication in
Mr. Justice BEST—"

sod be etelkiek, sod llNit its by pmesseep.
tied: effhefivftirbse sheer Olewiesilsejiteigty !hely.
Mr. than mid. bee eineriVine itetwarnt.
Ihstr -04 W telsethrt law
ceenedeledi • WM* eri.beod ttre
Iniumerigsailt I. Mr ei•Weistried • caw of a
".bb"/ 1114.1011roossote-ee..eh en its jou,.
wey. its *leek i wince. Heat the irrissetetor insist
pv....Ahroirlao ilb have biro eenetibitted nu souse
one ettnioy. •
Mr. Justice Biter.—Tltere is inference there
that the notes were tekets qr wawa crosisty aw•re then
another.
Mr. EVANS nest adverted to the ',nine nf
which wet tendered et the ttisi. fowl he c.f.i•
tended ought to have been rec. ireit It was liar or-
koowledgeol birthright ofEteglislitnrii to dove+, outs.
lie meavurev. and it was now established lutist Jutirs
were juifges oldie law us well as the fart. rot:
tojuilge of the whole ofieucr. The libel Id.. se.eo•il
how eieersvaty it was to protect the •übjer. 1,....i
Attorneys' C;rnersd. Ti. use things tort, a primer t.
lie would suppose a peace .ble and lap' a s totthtge
of men, women, • /I Ia 1
.uvwde
that pescettltle esrembly to be assailed by an emoted
body, who kill I I. wound 116. end trample upuu
upivards of 401/ prisons. AVliiit %voids ware there
in Soy I4s.gtouge strong ramisgli
Mr. Jatalice BA I LEY —TI.e libel did not proceed
I on facts. but on the representation 46f siewrinip•t..

Mr. EVAN, contended, that it slid not at all
signify ; and lie put it to their Lordships Ass ober,
as Gentlemen. utid men of balsam., wherbar any
Iriquage was too strong, to insol the reprobrtion of
such an outra4e. lie asserted dirt they coold have
produced evidence to prove every ry llAble thstt he
had stated, flow then could she Jury tell if the
comments were limper or not without that inforesia-
ti so lird been laiti before them ? In the care of the
King v. Horne (the saute CM/VIM ilw ih- rat.
dente war objected to, and only admitted by Lod
Man.field, because hr felt that hr could not refu-e
it. 11 liberty of censure were not included, lie knew
not in what the liberty of free clocusolues coissi.terd.
The right to praise every body would lover be
called in question. The Learned Counwl next
adverted to the summing up of the Learned
Judge, Ishii contended. that a Judge ought be
homed awry by his Zeal, to put a meaning on
words which nu other person (not even himself, on
c.lru cuensidcratioss) would put on thane. Os, the
words " reign of terror," the Leurned Judge .11.14.
" if that does not apply to the Govetuuit to, to
whit dory It apply ?"

The LoaD CHIEF Jurrice-44 The libel wait of
and enuremtug thr Government, oud the Lrorarti
Judge dC%IItM the Jury to courider if that opphrs yr
WA."

Mr. EVANS contended that the meaning was a
question of fact for the Jury. As the libel was said
to be of and concerning the Governtnent. the pro-
secutors had put it on the record, and they were
bound to prove it.
LouD CHIEF JUSTICE—" That, I take ir,
must be proved by the contents of the paper itself."
Mr. Evens contended, that in order to limes
that it wa• of and concerning the Government, it
was necessary to prove that what was done at
Manchester was done by order of the Government.
But the trimmer in which it was left by the Leureel
Judge, was the way to get a verdict agamist the
tier-tidant.
• The LORD CHIEF JOIPTICX suggested that that
language was not quite courteous or usual, a' it
regarded the Learned Judge. He was sure the
Learned Counsel did not use the words offensively.
Mr. EVANS meant only that the Jury were ices
ducrd to put a certain meaning on the words.
Nlr. Justice BEST—" Did 'on ptopo•e to offer
evidence that the reign of blood and tetrur nod corn-
'tiro' el r'
Mr. Evt N1I—" No, my Lord. I had evidence to
prove that acts had been done which justified the
expression." The binned Counsel, in continu.i-
salif that the L. :trued Judge had asseauted
that statement to he false which the Defending
offend to prove. The Learned Judge might be
at the moment to assume that winch he (Mr.
Evans) was sure he must now feel he could Iliot
legally assume, and which lied the tendency to
induce the Jury to find a verdict against the De-
fendant.

Mr. ScAttLarr brpzed permission to call their
Lordships' attention to a case trie I before the pre..
sent Lord Chief Justice—the case of the
against Chippendall. The iudictinrut charged the
Defendant with writing and publishing a 'arrant—
tory letter. The only evidence of publication was
that it was sent to the party Ithrlkd : his Lordship
charged the Jury that th'st was not evidence of
publication.
The LORD CHIEF JUSTICE—" Yeti, I did, mid
should again ; it is out a publication as stated on
that record. It is not a publication to defame, it
may be to provoke."
Mr.SCARLETT conceived that the case of the
seven Bishops, as to the publication, was similar to
the present.
The ATTORTIET-GENERAL said, he had no ob-
jection to his Learned Friend, Mr.Scarlett,adclreA.
the Court, if he was dissatisfied with the argu
ment as it stood.
The LORD CHIEF JUSTICE Said. that what was
addressed to the Court after Cuutisel had beets
heard, ought to be most correct. The case of the
seven Iltshops was perfectly dtstiognishabie from
this. In that there was no proof that the Bishops
had *attic' the letter. As much time had ben
occupied, and a great nnmbrr of cases riled arid
authorinsa quoted, he ',visited to have goat'• fisrle
time to look lido them, as he did not wish to mica
it imputed to him that he had declaredan
.opitithis
consideeti!' Wht- might bests,

_ . .
loutid to grant a new trial. without due consideration. Whatever might be the
allowed that the letter might opinion of the world now, or of tlitee who were 'to
post-office, out of Leicester- come after us, if he should give an oi.imots th it
thin it was put in within the there ought not to he a new trio!, I e 01(1111.1 to to
.
to have been iu i.r.rof. The ' cure that such opinion should be formed on due
en cited the cases of the consideration, and on the most conscatiniuue cu..-
, Power v. Wil-o(1, mid tuber vietion.
'at tie hal charged as c I. Justice Bar I.r.Y gelid, that adverting to r!.e d
tied. summing up of the L.-snick! Judge iii the iti„j,
.If that be so, many hundred us stated by Mr. Blackburn, he must deel.ire that .
egally executed; because, in he should have gone aloug with that Leisvoed .
no direct evidence, the crime Judge in every thing that he had *rid; at thrsame
time he must observe, that the Judges never could
ET—Here is evidence in this wodi the time to conic when Counsel should fro. to
in Middlesex. canonss the conduct of any Judge in that fear:est
-The existence of the crime manner which their ditty demanded, and he trust
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