The Sun.
London, England, 1825-06-01 00:00:00

LAW INTELLIGENCE.

' COURT OF KINGS BENCH,- MAY 31.
LIBEL.—QUARTERLY REVIEW. . .
HAMILTON- BROWNE, ESQ. tie/spit MURRAY.
-Mr. IleouGuare opened the pleadings:- The.sleclaration
stated this to be a libel, to which the defendant pleaded, first,
' the general issue; secondly, a justification that the facts in the
libel are true, and therefore he was entitled to, publish them ;
to whiclatbe plaintiff put in a replication denying the truth of
the facts as in the declaration. On these two issues there was
joinder. •
The CoatarcerSEncr.aerr—The libels for which tide action
was brought are publishe4 in the 57th and 58th Not. of the
Quarterly Review. The defendant, as you all know, is one of the
most eminent publishers of books who ever lived. The plaintiff,
31r. Hamilton 13rowne' is a most respectable gentleman. Hav-
ing been introduced td Lord _Archibald HamiltOne he became
interested in the prosperity of Mr. Browne, and applied to
Lord Lauderdale to give him a letter of introduction to Sir
T. Maitland, the Governor of the lonian Islands. About the
latter end of the year 1817, Mr. Browne was appointed by Sir
T. Maitland, Chief Assistant of the Office of the lonian Senate,
On June 7,:18`21,, Mr. Hume, who had always taken an active
interest in the affairs of the lonian ISlands, moved for u gene-.;
ral inquiry into thaconduct-ofSir.Thomas Maitland. In making
this motion, Mr.. Hume adverted to certain private documents,
Which he. had obtained from a certain Noble. Lord who sat
near him. This was, in fact, Lord Carhampton. Sir Frederick
Hankey, the Secretary of the lonian -Governmnenti. on read-
ing the account of this debate, hnmediately' saw that Mr.
Hume's informafion could only have beeraderived from certain
documents in the public offices. He -instantly suspected that
the Noble Lord to whom he alluded was Lord Aschibald Ha-
milton, and that Lord Archibald Hamilton had derived his in..
limitation from Mr. Browne. Sir Frederick Hankey imme-
diately went to his office, and asked if they had made any
communications to England, and they all denied it. Lord
Sidney Osborne went to his office, and without imputing any
thing, said to his assistants that they ought not to transmit
any information to England. One of them M`Caddy, imme-
diately disclaimed having made any such communication ; and
on Lord S. Osborne retiring, Mr. Browne immediately fallow-
ed him, and, with a singular degree of candour, avowed that
at the request of Lord A. Hamilton he had made some corn:.
munications ; to which Lord OSborne merely replied, " I am
sorry for it—if I had known it before, I should have endea-
voured to prevent it." Mr. Browne remained some time
longer in office. He then received an intimation that in con-
sequence of some new arrangements, his services were no
longer necessary. So far this was very satisfactory ; but it was
added " there were other reasons for his disinissal." Mr.
Browne went to Lord 0. to inquire what they were, but could
get no information. Two years after all this, time 57th No. of
the Quarterly Review appeared. It charged Mr. Browne with
' ingratitude to his patron, Sir T. _Maiiland, with Confessing that
he had secretly transmitted to England d-cuments which in his
official capacity came under his contr.:il, and that in conse:
quence he was dismissed. Now, in fact= ,he had matte no con- ,
tession, for •no question wax allied; ardlivhatefer was the
reason of his dismissal, this was not the reaelm:
The publication of-the-libel by the defendant was•admitteila
Joseph Hume, Esq., examined by Mr. Bitouoitstaee-sWasd
a Member of the How of Commons in 1821. In the course of
a debate, alluded to information- derived froM a Noble Lord e I
that Noble Lord was not Lord A. Hamilton ; never received
any information from Lord A. Harniltoneconceming,the lonian
Islands. Before that period never had army communication from
Mr. BroWne; at that tune did not even know his name; first
knew him about the latter end of 1822, by -the introduction of
the late Earl of Thanet. Read the 57th Number of the Quar-
terly Review; was directed to it by a note from a NOble Lord ;
in consequence went to Mr. Murray on the 21st November.
In presence of Mr. Kinnaird, stated that the article On the
lonian Islands contained altogether so many inaccuracies and
falsehoods, that be (witness) was anxiotia that it should be
contradicted ; told Mr. Murray that he did not come in conse-
quence of what was said respecting himself, but Of the state-
ments respecting LOrd A. Hamilton and Mr. Browne ; that
they were fahmesof witness's own knowledge. Witness request-
ed the, name of the writer, not for the purpoie of prosecuting
prose-
cute, forfor tlhibae, buttlheha to
tlnecvoenrvinmroceseehinttlted, and never would. prose-
publicly of his inaccurate
statements. Mr. Murray would not give up the -name of the
writer, but promised to insert in the Quarterly Review any thing
in refutation which witness might write. Witness wrote a re-
futation, sent it, but it was not inserted. Witness has the pa-
per now; it contains only the substance of the testimony he
had now given.—(!4ome portions of the paper were now read
by Mr. Hume,)—Witness. complained of the delay; Mr: Mur-
ray replied by a note, that he had no controul over the inser-.
tion or rejection of any article • that this rested entirety with
the Editor; and that all .he (:ISlrs 31
urray) could transmit any communication to him.
wdoaswraesadtyo
to .publish Mr. Humes paper "as a separate pamphlet."
After considerable delay it was returned to• Mr. Hume.
Cross-examined by Mr. A T•roitieEx Cltemuet.a--The
documents received front Lord Carliimpton were three letters,
which witness saw for about half an hour. . •
The whole of the libel charged ivas distributed through three
numbers; the basis of it was the statements concerning Mr.
Browne, in the 57th number ; anothpearsisnot.t:eie
i3inTedieexr,reivdhtioelit is in'
the 58th number, where the above
n the
words, The perfidious conduct of Mr. Browne to his pa.- , tron," and certain other statements in the following number,
in an article on the dry rot, which purported, to be a summary
and reply to Mr. flume's communication to Mr. -.Murray.
The ATTORNEY-GENERAL, for Mr. Murray, addressed the
Jury in a speech of great eloquence and address, contending
that the libel was substatially. true.. In respect to the passage
in the index, it was clearly the production neither of the
editor nor writer of the obseryhtiona on Mr:Browne, but of
some subordinate person who was employed to make up the in-
dex, and who put down merely his own impression in .reading
the article in question.
The evidence of Sir Frederick Hankey, on interrOgatories,
Was here put in and read. The whole of the information upon
which the passage in the 57th Number of the .Quarterly Re-
view was drawn up was furnished by him. He furnished all
the information in this article to Mr. Barrowefor the purposeof
correcting the erroneous impressions that prevailed in respect to
Parga. •
The evidence of Lord S. Osborne, also-on interrogatories,
was now read, in Which he stated that lie still had a good opin ion
of Mr. Browne as a private individual, but that he did not think
so well of him as a public functionary.
Mr. F. Poi.I.OOK, who was as Counsel for the plaintiff, here
called Lord Archibald llamilton,.who was sworn. •
The ATTORNEY-GENERAL objected to Lord A. Hamilton
being examined.
Mr. DEN MAN was going,to contend that they were entitled
to call and examine his Lordship, when he was stopped by
The CHIEF JUSTICE, who said it was irregular, and espe.
daily as in his opinion the justification had not been proved,
which alleged that Mr. Browne had furnished documents, or
copies of documents, out of his office, respecting the lonian
Islands.
'l'h
Stnc:E•rt then
250/. replied. -
Verdictfm
or theON plaintiff—Damages

,
NEW COMET.—M.GAmBARD, astronomer at
Marseilles, discovered .a new Cornet on the 19th tilt. It Was ,
not till the night of the 27th that the state of the atmosphere
allowed it to be seen by the astronomers at Paris. It is near,
the star Gamma, of Cassiopeia, invisible to the naked eye, with_
out tail or apparent nucleus, having thb' form of nebula,
1; which is easily distinguished; notwithstanding the
.got ofthe
moon.

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THE KING, &c. s,

WINDSOR, MAT 31.—At about twenty minutes after twelve
o'clock, his MAJESTY left the Royal Lodge, in Windsor Great
Park, for Ascot Heath Races, in his carriage, drawn by four
beautiful bay horses, accompanied by his Grace the Duke of
Dorset, and the Lord Steward, and preceded by three outriders,
who, with the postillions, were dressed in their full dress of
scarlet and gold. Four other carriages followed that of his
Majesty, containing his distinguished visitors, each drawn by
four horses, with postilions and outriders. Shortly befiire one
o'clock the King's arrival was announced on the Course by the
greetings of the popnlace, and his Majesty's appearance in the
Royal Stand was hailed with loud cheering from the immense tnul-
titude Which had collected to witness his arrival. Ilis Majesty
immediately came in front of the Stand, and returned the saluta-
tions of hia subjects with that affability which could not but fill
every loyalheart with admiration. Aftera stay of nearly 10 minutes
his Majesty retired to the back of the Stand. At four o'clock
the King and his noble guests partook of a sumptuous cold col-
lation sent from the Royal Lodge, and after the fifth race re-
turned to the Lodge, amidst the loud and long-continued cheer-
ing of the immense multitude. We feel great pleasure in stat-
ing that his Majesty appeared inmost excellent health and
Spirits. He•will this evening entertain at. dinner, at the Royal
Lodge, the Duke of Dorset, Earl and Countess of Scarborough,
Larl and Countess of Warwick, Marquis Conyngham, lord
Mountcharles, Lord Graves, Sir A. Barnard, &c. &c. The
Duke ofYork left Progmore this morning'soon after 12 o'clock
in his carriage, for Ascot Races. His Royal Highness was
habited -as Ranger of Windsor Forest, and looked remark-
ably well. ,This evening he will entertain a distinguished party
at dinner, amongst whom are the Duke of. Rutland, Duke
of Portland • Lords G. 11. Cavendish, F. Bentinek, Sir
J. Shelley, Marquia of Worcester, Mr. Lisrobton, Zice. Stc.—
The Course was never known to: be more nic,lnerously: attended
than it has been this day. For upwards of three hours every
road leading to the groused presented a scene of the liveliest
gaiety, being thronged with vehicles of every description as far
as the eye could reach. At one o'clock the outside of the ropes
was lined with carriage's, six or seven deep,, front the top to the
bottom, and the course was one continued crowd of rank, beauty
and fashion. Between the different ,races, the space opposite
the Royal Stand was crowded to excess, so great was the anx-
iety of all to be gratified with a sight of their Illustrious Monarch.
The weather was favourable, and the sports of the first order,
every race being welleontested.-:-( Vide ourSportinklntelligence.)
—After his Majesty had taken his airing yesterday afternoan iH
the Great Park, he drove to the Castle, accompanied by Lord
Mountcharles and Sir A. Barnard, on horseback, and inspected
the alterations made in the neighbourhood of Winchester
Tower, the present residence of Mr. Jeffrey IVyattville. The
king remained about an hour at the Castle, and then returned
to the Royal Lodge, where he entertained a select party at
dinner.

• FASHIONABLE ARRIVALS.
The Duke of Gordon, at Mivart's Hotel, Lower Brook-
street, from Scotland ; Mr. and Mrs. Kingsmill, at their re.
sidence in Cavendish-square, from the Continent; the Marquis
and Marchioness of Donegal and faMily, at the Burlington
Hotel, from. Ireland Sir G. Stirling, Bart. and Mrs. and Miss
Ramsey, at ditto, from Paris ; Captain Pringle, 7th Hussars,
at ditto ; Sir J. Hope, Bart. at Gould's Hotel, Jermyn.street,
from his seat in ScOtland ; Mr. and Mrs. Hemmings and fa-
mily-, at Miller's Hotel, Jermyn-street, from Southampton;
George Kempt, • Esq. at the M aterloo Hotel. Jermyn-street,
from Leicestershire ; Mrs. Bingham and family, at the Bath
Hotels Arlington-street, from their seat in Hants.