The Sun.
London, England, 1830-05-07 00:00:00

COURT OF KING'S BENCH.

This being the day appointed for the celebration of his
Majesty's birth-day, the Judges and King's Counsel
appeared in full state robes.
At the sitting of the Court, Lord Lowther, Lord Am-
herst, Lord Howe, and Sir Herbert Taylor, took the oaths
prescribed by the Act of last Session, for persons holding
certain offices.

CARLILE V. DUNN AND OTHERS.
On the case being called on,

Mr. Carl& addressed the Court in person, and said—
My Lords, I have to apply for a rule to skew cause why
the verdict in this case (which was fur the defendants,)
should not he set aside, and a new trial granted. The
grounds on which 1 move are not of a novel kind. The
first, is that of omission of direction of the Learned
Judge ; and the second, that of a commission of di-
rection. Those two grounds I consider amount to a
misdirection. The second point on which I move is, that
I have suffered egregious wrong from the manner in which
the defendant's Counsel conducted his case. It was, Sir,
conducted so that I ought to have been heard in reply, er
the Learned Judge ought to have interfered on my behalf.
Lord TENTERDEN-You should state the nature of the
action.

Mr. Carlile—lt was an action brought by me against
the proprietors of a Nottingham and Newark paper, for
having published a letter bearing the signature of a person
named Gilbert, which letter contained a libel upon my
character. I am furnished with a list of cases, where
verdicts have been set aside by a wrong impression having
been produced on the minds of the Jury.

Lord TENTERDEN-You should state what I omitted
to tell the Jury, and also what I improperly told them.
_ .

I consider in this vise it was not an unusual direction,
but that I left it as I do in all other cases of libel.

Mr. JUSTICE BAILEY—We know nothing of the
omissions or commission without you inform us.
Mr. Carlile—The omission I complain of was this,
after reading the publication his Lordship left it to the
Jury to say whether it had a tendency to injure me in the
town of Nottingham.
Lord TENTERDEN—NO, Mr. Carlile, not in the town
of Nottingham, but whether it was calculated generally to
injure your moral character.
Mr. Carlile—All the newspaper reports agree with what
I say. I was well received, my Lords, in Nottingham be-
fore the publication of the letter, but afterwards I received
insults. I have a strong ground of complaint of the
insufficiency of the direction to the Jury, and the
defendant's Counsel took an unfair advantage by al-
ludiag to titles of books, and the manner in
which he did it must have been perceived by the Learned
Judge. He represented the books as too vile to be read,
without introducing them to the Jury. From declaring
myself the publisher of those books I never did shrink,
nor never will shrink ; and I considered the great merit
of my answer to the charges made against me by the de-
fendants, would be to shew the merits of those books, or
at least to put their merits to the trial. I should (had I
been allowed) satisfied your Lordships, however you might
differ on some points, that they are not books too vile to be
read, but I had no opportunity of removing the impression
this assertion had on the rainds of the Jury. I would re-
fer your Lordships to many cases in support of my appli
cation, I would now positively point out the case of
Hare v. Wilson, which was an action brought against a
newspaper for publishing a report of some proceedings in
the Insolvent Debtors' Court, and a verdict given fur the
defendant. Application was made fora new trial, on the
ground on which I now move, when Lord Tenterden said
the Judge ought not to have left it to the Jury to say whether
it was a libel or not, without first telling them his own im-
pression, and a new trial was granted. Never was stronger
language, or language more calculated to injure the feel-
ings of an individual, than that of whirls I complain.
Much milder words have been deemed libellous; but I
have been unfairly dealt with. This Court, however, I
am- convinced, will not allow my character to be blasted
without affording me redress. I could explain, were it
now necessary, in language net offensive to your Lordship,
the objections to the works which the defendant's Counsel
raised, without producing an unfavourable impression
against me.
Mr. Justice BATLEY—That is not necessary. We can
only attend now to what was given in evidence on the trial.
The COURT consulted together for some time, after
which _ _

Lord TENTERDEN laid—You may take a rule to show
cause, Mr. Carlile.—Rule Nisi granted.
Mr. Carlile bowed to their Lordships, and immediately
left the Court.

This being the last motion for new trials, the Court
proceeded with arguments on pleas and demurrers, none of
which possessed any public interest.

THE MARKETS.-(THIS DAY).

CORN EXCHANGE.

The arrivals of English Grain this week are moderate,
of Flour inconsiderable. Foreign Wheat continues to
arrive in good quantities, and larger supplies are shortly
expected. Prime parcels of Wheat have made Monday's
prices slowly, and all other qualities are nearly unsaleable.
Barley remains as last quoted. Beans anti Pease are un-
altered. Oats find buyers at the terms of Monday. There
is little doing in Flour, except for fresh ina‘!e.