The Sun.
London, England, 1808-11-09 00:00:00

tended, that Kensington frouse was a Palace bdth in not denied, lam afraid we should be doing- Much
law and fact. The contrary, in point of law, was in- leirin by going, into it upon theepresent octiision:'
sisred by Mie'MAaa vArr'at the trial': but Lord EL, - Me. GAR‘ROW--7" Mr. Dogherty was induced to.;
LEN BOROUGH was of opinion, that if it had ever been priblish it partly frginenecessitye be having- teen.'
declared r palace by Proclerriations issuiugt from • "denied all assistance.fromehose of his relations Who,
. , ...
thence,. it Was niedoubtedlyea piLice. 1 Ir. kireß. e Were orplent.: '
NV;Y GENERAL. therefore instanced the Proclmetion . Mr. IV.I.AanYATT,. Ott lie eagle side, said, that he
- of the Prayer,books oftlielast reign, .wliere, the date . must,,adinit the pnblicetioti was certainly• Very libel,
. of their patent would be found to run—" Given at ' loos. Manrof the ,facts,: however,
:were net
.de,.
e our Court at I(ere3ington,!".tiec.. But. there W'aS no nied by .Mr.• 'Hunter, -while• he lied denied others;
,
doubt le bad been a palace, and
_the question was, vhereas, if -he hal traversed.the whole of- the faets'•
whether it had .discontinued to be one. :11.40 -Lamed , stated in this pablipation, the .Rule must necessarily
Counsel contended, it had not diseontinued :• there ;--liave, been rendered
:absolute, • but, otherwise he.
. were estate apertme:es kept for hi, 'f,..1 jest), ;+ there thnuee4rit could.not. . . ~ .
, , ~...„
. -v. ereapai tiiients c;4,1. a ti,o,Lmde,t;dinl;,..fstill'Separt-
.tetr..I)OI.INTON illSO; on-the same side; observed,-
meets, andohere were -eieires regularly i.uourited ; ' 'that the libel ti, as, in very general terms, as to Mr.
:slid it a.pelace were really 'Kept ready. to.receive his ; Hunter. himself.; brit lit . was-. piiblished „under' the"
Liajesty, the privileges of that palace Were not affeCte • ieflueoce of feelings that were. very sore;.. Mr. Hun-
...
ed becauseie actually did not receive his.lVlajesty, ter was not the only per Son of whom .Mr:DogNerty
Lord ELLENBettebOlt cited.s:everal cases,.partticn7 complaitie.d, and therefore there were, othetepersonS-
lerly from 2 'Lord RaynL 978, and f:i Mode 73; to . whose conduct wanted. explanation. • - s. . . •
the elecidetion- of this question';-, and. seemed of. The ATTORNEY-GENERAL, in support" of- the
opinioti, that a palace continued to be toyaleattless tale, .said, it would be a
.new sort • of,doarine to..
.-. there were circuurstance.s to diseenstinne it. • After suppose that beCause Mr. Hunter; had knot denied,.
the death of the late King, its. charaeter of royalty all the parts.of this libellous 'publication, „a-persou',7
continued, and the question was„ -had. it:been 105 t.,? , who could find any thing in the life of some iridi.er:l.
• -,--41. the Palace had been dismantled, so as"to ren- .eviduals deserving of . reprehension„ Should. there,,
der the King's habitation impossible, -it would be for: be at, litierty to insert 'that in a publication,
another thing; audas to 411 tee present occupiers of aed --add to-it as manytalseliceids-as he pleased rela-
the -palace, they were liable to be turned outs to- 'i tive to another man, without that man having• the
morrow. • , , ~ l power to come into a Court against the libeller.
. . . .
. Mr. GARROur put the case on a level, wl.t Win& Ha - could =not admit this doctrine,_. as, it :omight
'sor Castle-and St.*James's Palace,
.and said that no- aftbrd the Means by,l,Vhiell....a great deal'of slanitier
body '‘Teuld-cletly they were palaces because be did , might :be introduced withe impunity; and he be
not see the flag flying upon the tower. of the one, and heved it was upon that, and that;atone, a .great:
because the T.liling' had not resided at ;44 otner tOr a maey of the libellers oftlie present day xested.-.41e
long time. His Majesty -enjoyed no, security of fris theretbre should. oplf,ssy, 'tha't it appeared. quite
prypeety for a moment, if his -presence xieas to be ieepo-shale the Court' could hesieue as to the proprie-
the ()Lily teste, the cart that carried away goods i;retn‘ ty of this rule being-gN-Inted: If it were other Wise,
•
his Palace
:might drive -out at one gate_ as he‘ aro+ e he shouldl have no-ehjet!..iion tegoe'into the facts.,-,-.
in at another. What quits tuy of residence, Me. Mr. Deeliertylitid written 'one letter, while he was
I C3440i0+.4,; • would ail constituted e :Palace ? Tnis in custo,ly, addressed to Mr.-LI-10liter, wherein- he
,could never lae..eseertained.: The question Of Inc._ ha4.l threatened .to publish this libel, unless ;lie Jibe
. ,
tact was Icli .to the Jury, and in iii,s Opinion thev : rated him. - - -
lieu tumid the truth. , . , . .
e ' 1 . ..Lord. Eke eNaoltoteort• thought that the puhlica,
i Lord .ELIENISOItOUGII cited an' ACt :of the 4th ' lion was highly calumnious in its nature. :The only
ei.iry,\/•Ii.•-chil-p. 3, vviere 3 place of occiiiiuniil ilie, queniorn tperefore, that.' remained, , was, whethert hie the reireslenent of tile king,eiti,passtag to-St. "; .M.r. Hunter, trout his not having traveised. every
I Paul's, was ealltd a-Paiace. . T - imputation, li'! -net entitled to the
1 , \
! ,-,1 r• ' CUMMLNOr instanced Prociarnstionq made by special interposition, of the Court ? He could not
_the..present
_K'e'gs immediately inter the death of .; help thinking, -,that it would be admieistering.but
the late, --trouts .tc.,nsington Palace.. ' ' scanty justice to refuse au infortnation to an in di;
..V.lr, bctjemii WILLIAms auciMr. MaltavAeriespie. ; virtual applying_ for it under such- eircumstaeces;
, .poritkl the., rele. ' . because he could ntee give'a Sati'sfaelory answer as
Mr. Serjeein. WILLIANS •said, it was itnmeterial ; to the• whole 'of the:fans detailed in the libel.—
whether it was a Palace or not ; the-question was, , This would be giving /:ie 'fullest prote&ion to
wbeiller it was exempt troin the execution of . legal , slander that could possibly he devised. The 'Role
process.He urged coat tae 'King had never resiete.l . upon this point •was first nit ntloned 'to tlit! cas..l 144
at Kensington with, all. 'his soite: •as. mo th(J.house-• : King te..Mlies ; and it •was no 'doubt a leeed ride;to.
,keeper th;it.-Was-i here till. the King 'could dispose of : abide by as, to libels; bat he never lore:, the Court
the Palace, he must put soinewely in it. Wliy. : ,s3y, drat-every word of a libel. Must betravetsed.
-wiyre P.llAceicxempt Irons the execution of I eg.4i ' Their discretion, was not to be boand dot. a by the
• process % Beeause,,ot the -King's dignity, and tnat no. strut letter of rule, but to h:• ,governed by sound
such distorbanee Livight happen in his presence as sense and. reasoti, applicable to th (::-o,:e. in question.
could be occasioned by such execution. 'Phis are ,-Fle thought they could nut refuse. the Rule; bitt
guirient could teat hold, when it .vas admitted that, i he. coalrimided , die Counsel on both .siLts for not
tor along remit of 43 yjars, the King had, never re- ; bringing 'forward. the circumstances of the libel
eided, there. -The Learned Serjeant. then cited ail again.- . . . • ' e ,
the Mitli4C3SeS he:could find, begieniiig with Lord : Mr. Jostice GROSE .United in this opinion.- •
Coke's definitions of the word Court, in his Proem Mr. (4,eaßow added, that the Liniment Mr, Dog-
to the 4th Instit.'and co. mrnented 'on theist with herty found this publication wag complained ut, he
Much ingenuity_ . . . applied to the booksellers to stop the sale of it, and
Mr. NJ:llia/ ATT. said, the question was, whether also to put a stop,to the advertisements.—Rule abso-
the .privilege arose propter revereqtiqm
.loci -cut per. -. lute,
some; whether it was the spot or the person that was
sacred ; and the privilege evidently was instituted to
praent a dieturhance to the Soiiereign, and not to
his deputythousekeeper (for there was only a depu-
ty-huuselteeper, to. Le found at the Palace). There.
was a liOitsekeepeie.at Newmarket-ho,se and at thee.
Cockpit ; but -nobody ever dreamt - that those resi-

TII2 KING V. BELL, FOR A CHALLENGE TO EIGHT A
DUEL WITH. MR. FITZGLRALD.
The Defendant lives a‘t Wincsesier ;, the Prose-
mar at Southarnptun.--Ituleh.tr Criminal infcrrina-.
tion. againk Mr. Fitzgerald declard absolute.

denies were Palacus. There had been lately issued..
a proclamation from Culfnells; but nobody sup-
posed Mr. Roie's Ironic Was privileged from an ex-.
ccution. As to the
egg:ads that . were mounted at
Kensington, there were gnarl's- mounted *at the
Tower; and to talk 'or
_a 'preacher at Kensington
Palace Chapel, at Whitehall there Were twd dozen.
If the King lett his .Palace with an animus revel-10A,
it .was.uodoubtedly still a Palace; but' the Learniid
Counsel contended that the initnutiity ceased, when-
the reason tOrgratiiingit,cepasd., . .

COURT OF COMMON FLEAS, Nov. 8,

NOERIS V. VEARD.

•
This cause w,:s tried during the late Sitiing,s at
Guildhall before the CHIEF Juric, aud a vei,diet
1!.: 154.. 6d, obtaii-trd for the Plaintid.

Mr. Serjeant SNRPIIERDthis d.q.tnovcd the Court
for a Rule to tax. the D.-"fendant's costs, and svet• diem
'off akainst the Plaintiffs verdict, under the. Statute
of the 43c1:G0. ILL

The Plaintiff' was an Apothecary and Man-mud-
wife resid,in'Y near Sdisbur- and had attended the
fittnily of,the. Defendant rproles,ionally, particularly
upon his•wile's accOucherneot, upon occasion
•his usual fee was half-a-guinea. The bill ,Ahert Ori-
ginally furnished amounted to 11.18 s. 6d. ;
few days before the Defendant's arrest;,the Plaintiff'
called on his wife; requested'to see the bill, and tore
the amount off: He soon after arrested him for
101. His.- The Chief Justice thought We' verdict
was perteftly right, and had no doubt that the debt.
of 1 ot. this.. was tabricated'for the purpose of, arrest-
ing/the Defendant ; but twd witnesses_ (one a man
of Tespeaability); had po itiyely sworn to two pou.
fessions of the,Defendi.mt to the' amount. it w'a
s
a case of ouch suspicion when the party. Chose to
try it at Guildhall, London, 'in .preference. to trying
it at Salisbury. His Lordship recommended-it to
the consideration- of jhe Lealned Serje;int„ Whether,
for such a sum, it was worth while: drawing up th!.,
Rule.-11ule granted.

Lan.IIELLISZN.I3OIIOiIGII.--7" This is a trie'stion of
int,a6,t 'and iinpbrtatice, and the Court most 'take

some time to look into it; .poes'itny one know, as
a matter of information; whether process is extent-
Holyrdod House %" .
Mr. ATTORNEY-GENERAL.--" No, my Lord, it
is not ; •aud this consideration has induced several
persons to reside there:"