The Sun.
London, England, 1838-06-15 00:00:00

SUNDAY NEWSPAPERS.

Wednesday Sir Peter Laurie attended at Guildhall, to •
state his decision upon an information filed by the ROv•
Herbert Smith against Mr. Alderman Harmer, for publishing
a newspaper, entitled the liTtehly Dispatch, on tile Sabbath,
as being contrary to the statute, which forbids any kind of
trading on the Sundey, except works of necessity and charity-
Sir P. LauarE inquired of the Rev. Gentleman what bad
been done at Bow-street in the information against Mr. Cle-
ment for selling an Observer on the Sabbath ?
The REV. GENTLEMAN, said nothing satisfactory. The.
Magistrate, after taking what he considered clear evl-
dcrice of the sale of the paper by a person behind the coun-
ter, deferred deciding the matter till a sublequent day, "'hen
the witness did not suppose his evidence would be again re-
quired. Because the witness was not present on the second
occasion to answer any questions, the Magistrate dotbterl
whether the evidence was sufficiently certain, and disnuss°`i
the care, intimating, however, that he considered the otPmce
punishable.
Sir PETER LAURIE said it was often deemed convenient to
get rid of a question by seizing on informalities ; . but he always
preferred going into the merits of a case, and deciding directly
upon them. It had been his fate, since he had been a Magls‘'
trate, to have many peculiar cases brought before him•
there was no appeal, he had taken considerable pains to afro!
at a proper conclusion ; and, as for obvious reasons of dell'.
cagy, he felt he should avoid relying on the opinions of t.bn
usual legal adviser to the sitting Magistrate, or of the City
Solicitor, though lie valued their opinions very highly, he had,
resorted to the advice of an eminent Counsel. A case han
been sumbitted fur his opinion, and he (Sir Peter Laurie)
bound to give his decision according to that opinion. III!
decision was, that as there appeared to he some doubt
whether the complaint came clearly within the Act,
he
should give the defendant the benefit of that doubt, and
decline to convict. As the same reason extended to the
case of the John Bull, it would not be necessary to go win
that information. No ono could be more anxious than he Was
to prevent Sunday trading, and promotaa decorous obscrvance
of that day ; and he wished it to be distinctly understood that
~
the doubt which prevented him from convicting for the sale i.)t.
a Sunday newspaper on a Sunday, would not apply to the lay'
of anything else.
The REV. GENTLEMAN expressed his sorrow at hearing this
decision. He thought the sale of meat, fish, and vegetables,
which would lose their value if not sold on the Sunday morn-
ing, was far more excusable than the vending of a Sunday
paper, which might be sold on the Saturday.
Sir PETER LAURIE said he would not argue the policy of his
decision with him.
The REV. GENTLEMAN thanked Sir Peter fur the attention
he had bestowed upon the matter. He explained in reference
e
to a previous statement respecting himself and his dependenc,
on the Government, that besides holding an appointment o's
251. a year as chaplain at a powder-magazine, he had 50/- 6
chaplain to the New Forest UnionlWorkhouse.
Sir PETER LAURIE then told the Rev. Gentleman ho lcg .
sorry lie had been put to the trouble of coming so many nu
to hear the decision, and the complainant retired.

COWES, ISLE OF WIGHT.