The Sun.
London, England, 1838-01-30 00:00:00

NEWCASTLE JOURNAL.

Mr. CRESSWELL appeared to show cruse in this case against a rule
for a criminal information obtained against the proprietor and editor of
the Newcastle Journal, for an alleged libel upon Mr. Russell Boultby.
The publication complained of had taken p!ac• immediately after the
last general election for the county of Sunderland, and Mr. Boultby was
described in it as "a man without a God," "a reputed infidel," and a
"Radical agitator." The subject was one which he (Mr. Cresswell)
felt much pain in discussing, and he would content himself with reading
the affidavits on behalf of the defendant, which he trusted would be
sufficient to influence their Lordships' decision, without any observe-
to in. from him. The learned Counsel, after referring to the affidavit of
Mr. Boultby himself, in which he denied the charge, proceeded to read
extracts from the affidavits of a Mr. Wallace, Mr. Strollop, Mr. Rick-
man, and others, who had known Mr. Boultby fur a number of
years, and who stated that in their opinion the sentiments they
had heard occasionally expressed by him were those of a man
who did not believe in the truths of revealed religion.
Having read these affidavits, he (Mr. C.) would ask their Lordships
of what Mr. Boultby complaioed. He complained that he was called
an infidel. Did he complain that he was charged with not being a
Christian ? if he did, his affidavit was entirely insufficient to prove
that he was one. Did he complain that he was charged
with hot believing in revealed religion ? His affidavits did
not deny the charge. Did he complain that he was charged
with disbelief in a future state ? He made no such complaint, or if he
did, again his affidavit was entirely insufficient. Did he complain that
he was compared to a heathen ? His own affidavit showed he was far
more ignorant, without any of the hope that animated the heathen. His
appeared to be the most miserable faith that man ever professed before
the public. In him there was found—
" No pleasing hope, no fond desire,
No longing after immortality,"
teaching him that there was a world hereafter. And yet he came for the
purpose of having a criminal information filet against the man who
called hint an infidel. He (Mr. C.) trusted their Lordships would be
of opinion that the application ought never to have been made, and that
Mr. Russell Boultby ought to be made to pay for dragging Mr. Hernaman
before the Court.

Mr. BAILEY followed on the same side.
The ATTORNRY.GENERAL having been heard in support of the rule,
the Court conferred for a short time ; and
Lord DENAIA:q observed, that if the affidavit of the applicant (Mr.
Boultby) had been fully considered by the Court, it would scarce have
granted the rule. The mode of attack resorted to by the editor of the
newspaper was most scandalous, and the subject was one highly improper
to introduce without absolute necessity, in the case of a popular elec_
tion. lie thought the parties who made imputations of that kind ought
to be prepared to support them, precisely in the terms in which they
were made ; which was not the case here, as the party had not fully
justified himself. At the same time, taking all the circumstances into
consideration, they did not think that Mr. Boultby had entitled himse:f
to the particular interference cf that Court. The rule for the criminal
information must be discharged, but without costs.

EXCHEQUER CO URT.-(T HIS DAY