The Sun.
London, England, 1830-07-06 00:00:00

COURT OF KING'S BENCH.

No trial possossing itny festnre of public inlereAt came
on in this Court up to the time of our reporter leaving.

- BAIL COURT. -
THE KING V. SIMMOUIt, 2:5Q.

In this case, which has caused such a painful interest
in the went of England, the Court this morning gave
judgment, on the application fur a new trial. It will be
in the recollection of our readers that the defendant, Mr.
Seymour, is an individual possessed of large property, in
the county of Wilts, and resided near Andover. Some
time since he was tried at the Wiltshire Assizes nn a ca.
pisal eharge'ef it revolting nature. On that trial he wan
acquitted at the following Assize': ha wan again tried fur
a misdemeanour, and on thin minor charge he was found
Mr. Serjeant WILDE last Term obtained a rule nisi for
a new ttial, on the ground of there not being sufficient
evidence for the Jury to hive returned a verdict of guilty.
Mr. C. %weals, on Saturday, showed cause against
the rule, and Mr. Serjeant WHAM wan heard in support
of It.

After hearing the Learned Counsel the principal part of
the day,
Their Lonnsturs said, as the case was one of such vital
importance to the defendant, they would take time to con-
sider their judgment.
This morning, at the sitting of the Court, Lord TEN-
TIRDIttt said, it was the opinion of himself and Learned
Brothers, that the rule for a new trial ought to be made
absolute ; for it would, tinder the present circumstances of
this distressing case, be extremely difficult for the Court to
PIM judgment upon the defendant.
Rule nisi for a new trial made absolute.

COURT OF• COMMON PLEAS.
usict..—sAusnxits V. MI I.LS•

111 r. Rum/tans opened the pleadings. This wits an
tuition brought by the plaintiff against the defendant, for
a libel.

Mr. Serjeantlnv, in stating the case to the Jury,
ISM that the plaintiff in the present ection was a respect-
able attorney, residing at Bristol, and the defendant the
Inept ietnr and editor of a newspaper, of very considerable
circulation, published in the same city. The circum-
stances which gave rise to the present proceedings were
briefly as follow :--In the spring of last year, the plaintiff,
Mr. Saunders, had the misfortune to inepr the serious die-
pleasure of a powerful and influential Nobleman, residing
in the neighbourhood of Bristol. The dispute arose out of
A subject of all others the most fertile of disputation—he
Alluded to sporting. The result watt an action for trespass,
brought by Lord de Clifford against the present plaintiff.
The cause was tried at the last Gloucestershire Aesiaes,
when a verdict Was eta tined in favour of his Lord-
ship. Mr, Mills, the defendant in the present action, was
the proprietor, printer, and editor of the Bristol Gazette,
a newspaper which enjoyed a ►ery extensive circulation in
the city of Bristol, as well as throughout the West of
England generally. Mr. Mills in his capacity of editor
of the piper in question, Ind thought fit to select such
portions of the statements which had been made by conn-
ect on that trial which bore hardest on the plaintiff in the
present action, and in tieing so had greatly injured his cha-
racter. The plaintiff bad sought his remedy in that Court,
and on a former trial between the parties a verdict with
bO/. damages had been returned against the defendant.
This, it might have been thought, would have taught the
defendant to act with more caution and circurnspeation ;
but whether it was that he entertained some grudge
egainat the plaintiff, or had imbibed some feeling pf malice
against him, he (the Learned Sergeant] knew net; but
he still continued to persevere in giving a colouring to the
latter trial which was exceedinaly injurious and unjust
towards his client. In the number of the defendant's
Journal in which the report of the trial appeared, there
was oleo inserted, under the heath of " The Law of Libel,"
a string of comments respecting it, which formed the
grounds of the present action. The Jury mid hear
the libel read, when they would observe that the
plaintiff watt by insinuation represented OA a speculating
attorney. Was it to be borne, he (site Learned Sergeant)
would ask, that the defendant, because he possessed the
power, through his press, of giving what tone he pleased
to a transaction, should beat down a young man who was
pursuing hie professional career with respectability, merely
from the circumstance of his having had the misfortune
to incur the serious displeasure of a powerful Nobleman.
The editors of newspapers bad the advantage of daily
forcing on the public their opinions, and it had been ob-
served, and correctly so, that a statement known to be
false and unfounded, might be SO often repeated as ultimately
;miasma the appearance of truth ; and editors therefore who
happened to have squabbles with their neighbours, had
the opportunity of repeating their sarcasm and insinu-
ations against the obnoxious panic* until they were
genorally believed. Thu present defendant had been ►ohl
by one of the Jury, on the hen trial, that he, could riot

pursue this course with impunity. He had, however, rn
that oeeaaion been visited with very moderate damages;
but it would appear, that this circumstance bad only
served to encrease the defendant's animosity, for he had
hnmediately afterwards published another libel of a much
dune aggravated description than the former, and he would
no doubt, be visited, as be richly deserved, with still
heavier damages, The defendant would perhaps plead
that what he had written bad been in a moment of irrita-
tion ; but he (the Learned Serjeant) need scarcely inform
the Jury that this could not be received as Any justifica-
tion. The Learned Serjeant then read the libel, com-
menting on its different paragraphs as he proceeded.
"LAW OF LIBEL
. •

" The Printer of this Paper has had the unpleasantness of
being dragged into a Court of Justice, and a heavy verdict given
against him upon a charge of libel :—the particulars of the trial
will be found in the fourth page of this publication. Tolle the
subject of such a charge is generally disreputable ; but in this
instance the Printer confidently appeals to the Public that he has
in nowise lowered his character by giving vent to !MC and mali.
cious feelings. He casually copied an article from a London
Paper of the occurrences of the last Gloucestershire Assize:*
he knew nothing of the facts, and pretended to know nothing :
but had no doubt of their correctness from the well.known ac-
curacy or the London Reporters—the statement assuming,
however, an ex-parte character, he added the words—" as
stated by the Counsel for the prosecution,') The party sup-
posing himself aggrieved, came to this Oftiee and complained
of the statement, and was told that if any part were false it
should be immediately contradicted: this did not satisfy the
complainant (Mr. Robert Saunders, attorney.at.law), who pre.
firrred an action, in hopes of obtaining from the printer the da-
mages he had been obliged to pay in the previous action against
himself:—in this he has not been disappointed ; a London Jury
to whom he was unknown believed the statement of his Couusel
that he was a respectable attorney, a gentleman living on his
own estate, and a compassion for Noblemen—the printer does not
say he is not all this, but he ventured to say that if the plaintiff
had eppealed to it Jury where he was known, the result would
have been difftrent. The printer has been asked several times
why he did not get the venue changed, anti thus have
obtained trial here; to which he states that an attorney
has peculiar privileges of this kind, and may lay the venue where
he likes, The plaintiff laid it this time in London, and the
citizens of Bristol will be surprised to hear mein what grounds,—
they were—because the previous trial having been with Lord De
Cliffbrd, his Lordship possessed such unbounded influence and pa.
(renege in Bristol that it was impossible to get:twelve impartial
mess to tryja cause in which ho was, however remotely, interested I
Now it is notorious that Lord De Clifibrd interferes with Bristol
and Its civic or commercial affitirs as little as the humblest bah.
victual within its wails :—Agaist, the plaintiff; by his Counsel Sea'
joant Wilde, hinted that the printer originated the paragraph,
at the suggestion and for the gratification of Lord De Clifibrd—
whereas the printer never spoke to his Lordship anti scarcely
knows his person.—So much for the history of the transaction,
On the conduct of the prosecution the printer begs to snake
one or two observations :—Mr. Serjeant Wilde, In pleading for
the plaintiff; argued that the speech of Counsel ought to go for
nothing, when unsupported by evidence ; that if his client had
been described its the case at Gloucester as n man who trespassed
on his neighbour's lands, and used unfair and ungentlemanly
mane to obtain game, he ought not therefore to be stigmatised
as a poacher—if we grant this ;elation, surely we are entitled to
the corollary—that though Mr. Serjcant Wilde describes him
(the plaintiff) to be a respectable attorney, gentleman, &c., ytt
we AM 110 bound to believe him, unsupported by any testimony.
Reporters, for the litturejshould be cautious how they call black
—black. If perchance they should hear it proved against a
sporting attorney, Ihat although he occupy but two acres of
land, yet he keeps six or seven sporting dogs, and as many dis-
carded gamekeepers—that he trespasses on a neighbour's fields
with pistols and an air gust, yet suede a person' upon the autho.
city of Mr. Serjeant Wilde, Is not to be called a poacher, but a
respectable man, a gentleman, and a companion for noblemen.
When Mr. Saunders called at this ofliee, J. M. not only
offered to correct any mis.statement, but recommended him to
take the advice of the Judge, to discard his sporting establish.
ment, and live a rational life—he stow recommends him with
equal sincerity to profit by the verdict he has obtained, and turn
the 50!. and costs which he has been labouring for, to a good
account, by opening a respectable oilier, and seeking for other
and more profitable clients than himself; for although an
attorney, who speculates in actions, may In a few instances be
successful, he seldom closes his career with profit to himself or
honour to his profession. Smite years since the Printer
of this Paper smarted from the roguery of an attorney,
who speculated in actions—the case was this :—A woman
of the name of Hamilton was tried at the Old Bailey
and found guilty of attempting to foster an illegitimate
child on the Spanish Ambassador (I)on Carlos).—Shortly after
her trial a paragraph appeared in the London Papers to this
effl:et :—' The Mrs. Jane Hamilton who was tried last week
at the Old bailey, was the wife of a printer of Fleet.strect,
and figured some time on the boards of Drury." This paragraph
was copied into most of the Provincial Prints, and this amongst
the rest :—in a short time actions were brought against twelve
Papers, upon the alleged grounds that Me Mrs. Hamilton who
was tried was named !tartlet and not Jane, and that therefore
the said Jane was injured in her reputation, airc. The adios
went on for some time, when the dlltbrent printers knowing the
complicated and uncertain nature of the law of libel, compro..
mised by paying 50!. each, and the attorney who brought the
action received 60 /. for staying proceedings. nut mark the
end! The attorney and the pretended Mrs, Jane quarrelled
about the spoil—the truth came out—it was proved that time at.
turnery wrote the paragraph himself, set it going, and then
brought the actions and pocketed the money. Ills career ended
by bang struck ittr the roil:, We snake no application; but—
.gerss verrons, . . .

" Before quitting this unpleasant subject the Printer begs to
offhr his sincerest thanks to numerous friends who have expressed
the warmest sympathy with him—he hopes never to forget thtir
kindness. To those Individuals who have thought the manage.
ment of a Newspaper a mere bagatelle, and the business ono of
great profit, he assures them that if they embark in such pro.
fession they will find numerous rocks and quicksands beneath
the sea they traverse they espouse one side In politics they
will find great difficulty in satisfying the various partisans who
support the same colours—with time almost certainty of making
personal enemies of those who sport a (liniment flag ; and if they
take neither side and are content to be of the epicene gender,
they will still be subject to the attempts of the needy and vicious
to extort money for the casual insertion of a paragraph, from
whirls no human caution or Vigilanceeould have protected tlwm."

The libel was then put in and reed. The defendants'
proprietorship of the Bristol Gazelle, and the publica-
tion of the &tiled libel in that Niter, were then admitted.
Mr. ANT TAMA" then rose to eddrese the Jury
for the defendant. The Learned Counsel commenced by
stating that he bad been instructed by his clients most tin.
equivocally and distinctly to admit the inuendea which had
been so strongly insisted upon•by tits Learned Counsel for
the plaintiff. One of these illiterates wait, that the Stir-
jeans Wilde alluded to, was the Setjeant Wilde who had
that morning addressed the Jury; no doubt could possibly
be entertained of his Learned Friend's identity.—(A
laugh.)—lt bad been stated by his client, that
his !Awned Friend had influenced the minds of
the Jury on the occasion of the last trial. No one who
knew the powerful eloquence of the Learned Counsel
could doubt of his capability of putting a favourahle—
the most favourable colour on the cites of his client. lf
the Jury calmly considered the present alleged libel, he
(Mr. Serjeant
,Teddy) was quite sure that so far front its
being a malicious libel on the plaintiff, it was simply a fair
and straightforward justification on the part of the de-
fendent to his readers. The defendant had lung been on
terms of great intimacy wish ninny of his readers; the
occasion of the former trial was the first time he had
ever bad the milfintune to enter a Court of Justice,
.which he considered as disgraceful, ell the Jury
would ammo, that he commenced the statement,
which furnieheil the grounds of the present action,. by an
explanation to that area. Entertaining these feelings he
naturally wished to explain to his readers the circum-
stances which had brought him there. Tise plaintiff bad
not attempted so deny any one of the fade which the
alleged libel narrated. His Learned Friend (Mr. Sergeant
Wilde) had talked much of the power of the presto, but
he (Mr. Serjeant 'faddy) begged to remind him that
there was also another power of much more terrible might
—he meat the prover of an attorney, who not only de-
lied the prase, but could work in his calling by bringing
es many actions as he pleased, which, whether successful
or nut, were sure to procure him his coos. lie lost no-
thing by hie attempts. The Jury bad been told, that the
plaintilikept dogs—it was tutu he did ; but they were (Ices
of few.—keen in their scent nod sure of the!r game.
The Learned Counsel then proceeded •to reed the libel,.
which he commented on in a very (keelhaul vein. as lie
went on. •

The Loan Cutar 4utrrter summed up at great length,
utter which the Jury returned a verdict fur the plaintiff.—
Dainnges IGQL

In answer to a question from Mr. Sergeant Wane, his
:.orthiliip said he should nor certify.

GENERAL METROPOLITAN CEMETERY

COMPANY.

Yesterday afternoon a pnblic meeting was held at
the Freemasons' Tavern, for the purpose of further-
ing the object of the Company—" Thu safe inter-
ment of the dead apart from the habitations of the
living;" as writ its to select proper ollivers for the
management of the undertaking. A Seorriswoonn,
Esq. was calitil upon to preside. There were a
number of elegantly dressed females present, who
seemed to be much interested in the proceedings.
During the last week the applications for shares
have considerably increased. The capital required
is 200,0001., in shares of 251., not transferable until
two-thirdi of the amnia is subscribed, and the do-
posit 2/. 10s. at the time of purchase.,
The Marquis of Lansdowne, Marqu's of Welles-
ley, Earl of Cardigan, Earl Fitzwilliam, Earl of
Denbigh, and Lord Milton, wore reappointed
prOVISIOnIiI Committee.
Mr. Wit.stm, the projector of the Pyramid Man-
solemn stated, that for the present lie should nut
pursue his plan for public adopt inn, hut thotwitt
that, in coMmeneement of work., of this kind,
Pere la Chaise mast he the model, &though it
would never be stiffieiently extensive to answer
the purposes required. '
Anuditors, Treasurer, soil
e; were then Chairman,

The brewartt throughout both town mid
reentry are busily employed in preparing extra supplies
of 0t heavy wet." to meet the increased demands of the
ipprotteltios general election. The holders of bad wine,
f (H), are all 014 tiia qui yule. Thus a spirited eltetion IN
likely. at least in Due w•uucc, to work some mischief to the
Constitution.