The Sun.
London, England, 1825-02-02 00:00:00

[MORNING CHRONICLE.]

A rumour was yesterday prevalent in the City,
founded upon a letter from Paris, that the Em-
peror Alexander had been attacked with a se-
vere indisposition of a mental character. Al-
though no details were given, the source through
which the rumour came was sufficiently re-
spectable to induce many persons to sell
Consols, and they were done extensively at
93 ; at the close of the day, however,
they were at 93-N, upon another rumour
that the Speech of the King, on opening the Ses-
sion, will be very favourable. But, up to a late
hour on Monday night, no communication had
been made to the leading capitalists from the
west End of the Town, and it was generally
understood that the Speech had not been com-
pleted. In the Foreign Market all the South
American Securities were firm, with a tendency
to rise ; from which it is inferred, that letters of
a favourable character have been received by the
arrival from Buenos Ayres. Nothing, however,
of the slightest interest has transpired, and the
news is now said to be of an old date. Colom-
bian Bonds were at 91, and Mexican at Sl. The
official announcement of the intention of Messrs.
Barclay, Herring, and Richardson, to dispose of
the Contract of the New Mexican Loan on the
part of the Government, by tender, has excited
some stir, and it is even said that Mr. Rothschild
intends to be a bidder. Such a circumstance
would have a most favourable effect on the South
American Securities, because it is not probable
that Mr. Rothschild, who is the Contractor of
nearly all the Continental Loans, would take a
Mexican Loan, if he thought that the Govern-
ments, whose agent he now is, viewed our re-
cognition of the independence of Mexico with an
evil eye. We belikre-,,.however, the report of
his intentions to bid for the New Loan is en-
tirely unfounded. The Share Market was firm.
The new Gold Coast Mining Shares are out, and
bear a premium of 31 to 4 per cent., after having
been done at 5. The Directors state, that they
do not intend to restrict themselves to mining
operations, but to trade generally with the na-
tives of the Gold Coast. The Provincial Bank
of Ireland Shares were ut 41. to 5-10 having gra-
dually risen for the last week. The new Welsh
Iron Mine Shares were done at par, and 4.
premium.

BANKING-HOUSE OF MARSH AND CO.--OH
Monday evening, at eight o'clock, a meeting of some of the
principal creditors of the above firm was held at the Boar and
Castle Tavern, Oxford-street, for the purpose of examining an
immense and extremely voluminous account, tendered for the
inspection of the Committee appointed at a General Meeting,
and to come to such resolutions thereon as would be deemed
expedient. After some speaking, which produced nothing
decisive, it was resolved that a General Meeting should be
summoned,

CORONER's INQUEsT.—Yesterday evening an inquisition
was taken at the Barley Mow, Mount-street, Grosvenor-square,
on the body of Thomas Foxon, a private in the Guards (ser-
vant to an Officer) who was accidentally shot in cleaning a pistol
which was loaded.—Verdict accordingly.

There are 59 prisoners for trial in York Castle,
13 of whom are charged with wilful murder.

IRELAND.

COURT OF KING'S BENCH, DUBLIN, JAN. 27.
THE KING, AT THE PROSECUTION OF THE ATTORNEY
GENERAL V. CHARLES BOLTON JOHNSTON AND TI
montY HAYDN.

TRIAL AT BAR.—(TIIIRD DAY.)
This morning, at ten o'clock, the Judges took their seats on
the Bench.
The SOLICITOR-GENERAL then rose and addressed the
Jury in reply to the observations of Messrs. NORTH and
O'CONNELL. He contended that, by the existing law, as
laid down in the case of the King v. Walter, the party who was
proprietor of a newspaper was liable for what appeared in that
paper, even although it should appear without his knowledge.
It was monstrous, that a person who shared in the profits, who
pocketed the emoluments of the paper, should not be answer-
able for slandering the characters, and wounding the feelings
of individuals. With the propriety of this doctrine, the con-
viction and the common cause of the public went. That
criminally, as well as civilly, proprietors were liable, Lord
Kenyon had ruled ; and that this doctrine had also been held
by that great luminary of the law, Lord Hale, by Mr. Justice
Vowel, and by Mr. Justice Foster. It was not, therefore, the
mushroom doctrine of the day—it was the old, the received, and
the settled law, fbunded in reason, and bottomed in justice.
Were the public to be subject to the capricious vindictiveness
of editors and proprietors, without legal redress or legal remedy?
Was the real delinquent to be shielded by a man of straw ? and
were the penalties of the law to be evaded by a dexterous mu-
tation of proprietorship ? He would address the .Jury more par-
ticularly respecting Mr. Haydn. The Jury were aware that
the proprietorship underwent a change in October, that the
" And Fashionable World" was omitted, and that Haydn then
commenced being the registered proprietor. To all intents and
purposes, however, the paper was still the same as when Haydn
had distributed the prospectuses to Sterrett. What did the con-
versation with Kearn prove ? That Haydn was from the com-
mencement permanently interested in the concern. 'What were
the words, " that a Morning Paper was much wanted, and that
he would set up one himself." At this time Johnston had not
made his appearance to Kearn, and Haydn was the person to
set the paper up. Johnston did not write to Sterrett, and al-
though he might have been the registered proprietor, yet Haydn
was the conducting person in the establishment. Kearn applied
a second time for a situation, and the reply then was, that he
was not then quite prepared ; that he had not taken a house for
the establishment. What did this prove ? That he, Haydn,
was not a mere occasional contributor, but a person having a
permanent interest in the establishment. He afterwards took
the house, 24, Parliament-street ; he meets Kearn again ; calls
on him again, and Johnston was then, and only then, held forth
as the proprietor. There was then a conversation on the ex-
officio. Haydn appeared alarmed, and Johnston not so much.
But Haydn soon recovers himself, and he says, I am glad as
1,0001 they have filed the ex-officio—it will be the crowning of
the Star. If Haydn had not a permanent and positive interest,
what reason had he to wish that the ex-officio which was threat-
ened him, would be filed ? But it appeared that in speaking
of this publication, Haydn did not deny it, and in talking with
Kearn of the report of a trial for the Star, which that person
had taken at Clonmel, he asks,_ and did our Counsel say
the paper was not profitable ? Kearn too sees Haydn in the
editorial room. If there were no other evidence, can you doubt
that? Haydn asks him to give a report of the drawing-room.
If Haydn were in a subordinate station, why could he not do
this himself ? But Kearn would not promise to do it, having
a situation on the Patriot. He had a reporter of his own, but
he could not depend on him, and we find him slipping out and
looking after his reporter. We find him in September saying
when the Editor of this Journal was Editor of the Patriot.
Now there was no other person in the establishment Editor of
the Patriot, and we have the testimony of Aldritt that re-gave
express directions for the printing-presses—that Haydn pays
for the first part, Johnston for the second part, and a clerk for
the remainder. We find in Mr. Crowley's evidence that
Haydn gage far more orders than Johnston. We find, too,
Haydn promised Walsh a situation, when in his power ;
and that when the Star was about to be published, Walsh
called in again, and that Haydn then said that he would
have none but the best workman, as he would pay well.
When Haydn was talking with Sullivan, he nodded as-
sent. Was not this evidence of his authority, and that he
directed everything that he did not leave to the manage-
ment of Murray, his overseer? This was not the conduct
of an occasional contributor. The next thing was the evidence
of Barry, who knew that Haydn was in the editorial department.
Scott said he was employed by him as bookkeeper, and that
Haydn settled the salary; and the order of Haydn for all pe-
cuniary matters was always obeyed. There could he no doubt
that Haydn read the Star—that he was familiar with the de-
tails ; yet he has not brought one person from the office as a
witness on his part. It was contended that the prevent
libel was an exercise of the,freedarrr of•ttre'prm'."-There was'
no one more friendly to the freedom of the press than he was ;
but he thought that those who claimed the exercise of a " char-
tered libertinism" in this way might as well say that the air and
atmosphere around us is free and fresh, while the element in
which we dwell is pestiferous arid pestilential. as to contend that
the present libel was not of that character which he would de-
signate as tainted with pestilential venom, and as pregnant with
malicious feeling. In all the varied relations of life there was
nothing so valuable as reputation. It was the jewel for which
the meanest and the lowliest man in the community sought
alike. Wounds on the body might be cauterised and closed
by the application of a healing remedy ; but where was the
styptic for those wounds of the mind, which were alike impal-
pable and incurable ? Bodily ailments were under the dominion
of the healing art, in the precise ratio of the robust and rude
health of the patient; but wounds in the mind were in-
curable and irremediable, in the degree of the sensitiveness
and shrinking purity of the victim. The liberty of the press
might not be inaptly compared to the exhibition of a strong
and powerful medicine. if administered judiciously and
in due and proper time, it became a source of life andlonge-
vity ; but if it were applied without being meted according
to strict rule, and in an indefinite and boundless prodigality,
then it became a poisonous perversion, mingling with the
healthful juices, and " turning into gall the bread of life." It
corroded into the vitals of the victim—it decreased his strength
anti paralysed his power—and precipitated that bodily dissolu-
tion which it was exhibited to preserve. So it was with the
liberty of the press. If suffered to exceed the healthful and
wholesome measure, it was perverted to a poison the more deadly
and dangerous, from the solemn, and often the sophisticated,
security, with which it was sought to be administered ; and at
length the patient and the public found the dissolution of all
the moral ties of society precipitated by that which they had
fondly conceived their stay anti security, their hope and their
heaven—and he who imagined that he would descend to the
grave, consoled by the benedictions, and cheered by the solace
of hope beyond it—who fondly dwelt with pleasure, and pride,
in the survival of his memory beyond the narrow precincts of
the silent tomb, might find that tomb fenced against the tear of
sensibility, and the sigh of sorrow, by the presence of those
pestilential exhalations which sprung from the ashes of an en-
mity exceeding the limits of ordinary mortality,and which trans.
ferret! to the monumental marble, and to the more durable
records of a not impartial history—the evidence not of truth, of
justice, or good feeling—but of a hatred, immoderate, un-
quenchable, and unchristian.
The CHIEF .JUSTICE then addressed the Jury. After reca-
pitulating and observing upon the evidence, his Lordship con
is a
tinued—,6 Gentlemen, do you believe the witnesses, and does
the evidence that they have given satisfy you, that, on the 9th of
February, this man was the general Editor, and that he par-
took in the particular libel which appeared in the first Paper.
Iptlalertideteifieanrdeaonitugptot
is, whether
The
nerxsto'consideration Gentlemen,
fair exercise of the liberty of the press ; and it is my duty to
tell you, that if you believe it to be a fair exercise of' this pri-
vilege, it is not a libel. But, Gentlemen; the liberty of the
press is interwoven with the liberty of the subject; and if, in
the exercise of the one the other shall be invaded, you are
hwetillilerhtnhel
bound, as guardians of both, to redress the aggrieved. You
will therefore conclude, Gentlemen, that it is not a fair exercise
of the liberty of that press, to defame Our fellow-citizens.—
The present publication is of that class of libels which defame
men holding public situations. Gentlemen, by the state of the
law in this country, no man possesses the right of defaming the
character of a public man, no more than he possesses the right
of defaming private individuals. If it were otherwise, Gentle-
men, the future peace of the country would be endangered,
and the p duties, üblic opb in
ngion would be raised against those engaged
y ex
in public posi them to the hatred and contempt
of the public. Whether there exists the right in every indivi-
dual to canvass and criticise the characters of public men, and
whether such criticism is an exercise of the liberty of the press,
is a question for your cousidera' ion. The Learned Judge then
stated, that what was or was not a libel, was within the pro-
vince of a Jury. lie referred to the doubts formerly enter-
tained on this subject, and to the certainty prevailing now, and
said, that though the Court was bound to express its opinion,
yet the Jury were not bound to follow it. He allowed the
right of every man to express his opinion on the public charac-
ters of men engaged in the Government, but not on their pri-
vate. If private character was assailed, no one would accept
of situations of public trust. Libel might consist in allegory,
irony, or caricature, and it would be for them to consider whe-
ther the present publication was a matter of history, or ironical
and libellous. They would construe the words in their ordi-
nary acceptation, and if they had any difficulty in coming to a
verdict, they would look to the six other Newspapers given in
evidence. The Learned Judge concluded by again stating,
that the .Jury were not in the slightest degree to be guided by
his opinion. If they determined that the publication was a

libel, they would say which of the defendants was guilty of it,
or if both.

At two o'clock the Jury retired to consider the verdict. At •
ten minutes to three they came into Court, and announced that
there was no likelihood of their agreement.
Neither the Attorney nor Solicitor-General was present. An
express was sent to the Park for the Attorney-General, and re-
turned at half-past four, with his consent, on which the Jul
were again called in, and discharged by the Court.
Counsel for the Crown—The Attorney-General, the Solici-
tor-General ; Serjeants Lloyd, Lefroy, and Goold ; 111 r. Greene,
and Mr. 1). Plunkett.

Counsel for the defendants—Messrs. North, O'Connell, Seri-
yen, 11. Walsh, Ronayne, and Brie.

From the LONDON GAZETTE Feb. 1.

White!call, Jan. 30, 1825.
The King has been pleased to appo:nt John, Earl of Hope-
toun, to be His Majesty's Lieutenant and Sheriff' Principal of
the Shire of Linlithgow, in the room of the Earl of Hopetoun,
deceased.
The King has been pleased to appoint Sir Charles Montoliett
Lamb, Bart., to the office of Knight Marshal of the House-
hold, and of the Marshalsea of the Household of His Majesty..
and of His Majesty's heirs and successors, in the room of Sir
James Bland Lamb, Bart., deceased.

Crown-Office, Feb. 1.
MEMBER. returned to serve in the present PARLIAIIENT.
County of Cornwall.—Sir Richard Rawlinson Vyvyan, of
Trelowarren, in the said County, Bart., in the room of Sir Wil-
liam Lemon, Bart., deceased.

BANKRUPT.
George Baker Clark, New Shoreham, Sussex, brewer, to
surrender Feb. 11, 12, March 15, at the Steyne Hotel,
NVorthin. Solicitors, Messrs. Hillier and Lewis, Middle
Temple-lane.

DIVIDENDS.
Feb. 22, T. Weller, Croydon, watchmaker—Feb. 26, .1,
Millard, Cheapside, linen-draper—Feb. 26, H. Vos and J. C.
Essers, New court, Crutchedfriars, merchants—Feb. 8, S. 13.
Hamer, Furnival's-inn, bill-broker—Feb. 22, It. Sharpus,
Davies-street, Berkeley-square, dealer in china—Feb. 22, -1)*
and J. Glover, Leeds, merchants—Feb. 12, .1. and W. Lush,
High Holborn, distillers—Feb. 26, E. Clively, Woolwich,
draper—Feb. 12, T. Atkinson, Ludgate-hill, cabinet-maker--
Feb. 25, T. Stokes, sen., Welsh-Pool, Montgomeryshire, flan-
nel-manufacturer—Feb. 24, W. and 11. Brecdon' Ruddington,
Nottinghamshire, dealer in horses—Feb. 22, \V. Dann, 'l'. and
B. Bentham, and J. Baikie, Chatham and Sheerness, bankers
—Feb. 24, J. N. Lees, Wigan, Lancashire, linen-drapers--Feb•
25, E. Forster, Newcastle-upon-Tyne, merchant.
CERTIFICATES, FEB. 22.
J. Ford, Little Dartmouth, Devonshire, lime-merchant--T-
Docura, Earith, Huntingdonshire, victualler—D. B. Pierce,
Tottenham-court-road, grocer—J. Jobling, • jun-, Trinity-
square, Tower-hill, coal-factor—J. Morris, jun., Stingo_lane,
St. Marylebone, stage-master—W. G. Rolfes, Fenchurch-
street, and Norwood, broker—R. Rees, ilaverford-west, linen-
draper—J. Lancaster, jun., Bethnal-green-road, butcher—J•
Hewett, Mitcham, butcher.
PARTNERSHIPS DISSOLVED.
T. Haffenden and J. Beet, Ashford, Kent, surgenns---
J. and R. Wright, Sheffield, merchant—J. and S. Cr:•-
dock, Leicester, hosiers—J. Stephens and T. Henley, Bir-
mingham, millers—S. and W. G. Bettison, Leamington-
Priors, Warwickshire, librarians—G. J., and T. W. Turner,
Croydon, stone-masons—W. Bousfield, and T. Fawcett, Al-
dermanbury. woollen and Manchester warehousemen—R. and
W. Howie Birmingham, stampers and piercers in general--;
W. Whitehead and NV. Hughes, Cheltenham,. proprietors 0-
the Cheltenham Journal—C. Humberston, and W., J., and r.
Graham, Liverpool, merchants—P. P. and P.. 1. Grellier, Lon-
don—R.: King and W. Knowles, Clifton, Glocestershire,
linen-
drapers—J. L. and J. Spencer, Glasgow—G. Smith and 6-
Gill, Axbridge, Somersetshirc, linen-drapers—J. and J. C•
Mills, Stroud, Gloucestershire, soap boilers-11, Hunt and J.
Pitcairn, Jeffrey's-square, merchants—J. Braille v and S. Clark,
John-street, Berkeley-square, surgeons—R. Cr'ookson and J.
Wetton, Manchester, coachmakers.

BUTTER TRADE.--We understand that Sir
HENRI- PARNELL intends to bring in a bill next month to
abolish all restrictions on the Irish butter trade, except the pro-
visions against its being fraudulently packed, and for an allow"
ance of 20 per cent. for tares. Messrs. Robinson and Bus"
kisson are understood to be very favourable to the measure,
which, it is calculated, will give the respectable trader a decided
,advantage in the preference to be naturally expected from tile
farmer in the sale of his butter. The present system is consi-
dered quite useless, as, at almost every port, little or no respect
is showed to the weighmaster's weights, or the taster's inspec-
tion—each merchant shipping it according to his own inspection
and weights.—( Waterford C7ironicle.) •
Upwards of 20 persons in the Stamp-office,
Dublin, have within these few days received notice that their
services will be dispensed with in future.
At a meeting of the Merchants and Trader's
of Falmouth, convened by E. C. CAnicE, Esq. Mayor of that
.
town, on Monday,. petitions to both Houses of Parliament were
adopted in favour of Lord Althorp's Bill for facilitating the re-
covery of small debts, and which it is his Lordships intention
to introducc.in an amended form in the course of the ensuing
Session. Earl Falmouth is to be requested to present the pe'
tition to the Lords, and J. H. Tremayne, Esq. that to the
Commons.

COURSE OF EXCHANGE, February 1.
Arnstet dam
Ditto, at Sight
11 19
Rotterdam
2 3
Antwerp
19
3
Hamburg-11
Altona 37 0 '2i Us.
Paris,3 Day's sigh .t
Ditto
03 45 -2 - •
Botitcleattx, ditto
t
Berlin
7 5
Frani, fort on t lie Alain
Petetsburgh . 9
Vienn't
Trieste lO
Nlaclrid 10 2
Cadiz ..............
.... .. • . - Effective
Effective
851 Effective
Barcelona
ieville
Gibraltar :31
Leghorn
Genua 144-Venice, Ital. Lie. 27
Malta
Palen-of)
Lisbon
Opqrto
Rio. Janeiro
Bahia soi
Dublin .... 91 Curl; 91 pet Cytit.
BULLION

l'othigal Gold,' n Coin / .0 0 0 1).!I Os.
Foreign Gold, in lials 3 17 9
New Doubloons
New Dollars
Silver Standard In Bars, 0 0 0

BIRTHS.
On the Ist inst., the Lady of Wrn. Ward, Esq., of Blooms•
bury-square, of a daughter.
On Saturday last, the Lady of Abraham Tozer, Esq., of a
son.

On Monday, the 31st ult., at Dulwich, the Lady of Robert
Warner, Esq., of a son.
On the 3lst ult., at Richmond, Surrey, the Lady of the Rev.
C. Delafosse, of a son.