The Sun.
London, England, 1847-01-25 00:00:00

QUEEN'S BENCH.--(THIS DAY.)

LIBEL.-TIIR QUEEN IN THE PROSECUTION OF MRS. JANE
BARKER. V. THE EEV. MR ROBINSON.

This case was tried at Gloucester some time ago, and ex-
cited much attention at the time. It was an indictment at
the instance of Airs. Barker for a libel, the libel complained
of consisting of letters w Lich were addressed to her by the
defendant, expressing his surprise that she should revisit
Cheltenham atter the reports which had been spread as to her
previous conduct in the same place, and plainly charging her
with having committed adultery. The letters bore the initials
of " W. P."

The case now came before the Court in the usual form, and
Mr. Sergeant TAI.FouaD (who, with Mr. Alexander, ap-
peared for the prost-cution) prayed judgment upon the
defendant, who appeared upon the floor of the Court.
A great number of affidavits were handed in by both sides,
the reading of which occupied it more than two hours. Those
of the prosecutrix went to show that there was no truth in
the allegations a the defendant, whilst those of
the defendant expressed his sincere regret that he
had penned such letters, anti attributed his conduct to
the excited state of his feelings at the time, in consequence
of the reports which lie heard They further stated that he
had made an ample apology before these proceedings, and
that he had offered to pay 50/. towards the expenses in-
curred, which terms he understood were accepted. After
dwelling upon the fact that lie had founded a Magdalen
Hospital in Cheltenham, and that he had taken active steps
to prevent prostitution, and to reclaim those who had fol-
lowed such a course of life, he threw himself upon the
merciful consideration of the Court.

Mr. WHATenasse Q.C., proceeded to address the Court on
behalf of the defendant, and in mitigation of punishment.
He dwelt, at *omit length, on the various offices which the
defendant had filled for the last few years. In 1844
he removed to Cheltenham, and took a house on
Pitfield-parade, within two or three doors of which
Mrs. Barker occupied a house. She was frequently visited
by a nobleman whose name had become too familiar in the
records of public intelligence (Earl Fitzhardinge), and car;
riages and other vehicles were constantly at the doors of her
house. To a gentleman of an excitable temperament, Wien
had pupils in his house, and who was living there with his
wife, and being responsible for the morals of those pupils, and
being, moreover, a minister of the Gospel, this was an ine
tolerable grievance. There was everything to induce Waite)
believe that the reports which had been spread as to her
conduct in Cheltenham were true: Mrs. Barker was the wife
of a poor player, and came to Cheltenham, in the first in-
stance, from a small town within two miles of Berkeley
Castle, with the hounds of the noble owner of which she was
frequently in the habit of hunting. Some stress had been
laid on the fact that the letters were signed with initials,
namely, W. P., and that he thereby intended to fix their
authorship on some one else. Ile had no such intention; but
as he wrote anonymously, he affixed these initials, a plan
very frequently adopted 1;y persons advertising for servants.
He had addressed Mrs. Barker on the occasion of her pre-
vious visit, but no notice was taken of his communications;
and when he addressed the letters, out of which these pro.
ceedings arose, he believed that she was about to take up her
residence at Cheltenham. He, however, sincerely regretted
that he had penned them. It was understood that the de-
fendant would not be brought up for judgment at all, and
negotiations and correspondence had taken place between
the parties to that end. but as the name of Mrs. Barker had
been frequently 'petitioned in the painful correspondence
which had taken place. between Earl Fitzhardinge and Mr.
Grantley Berkeley, Mr. Robinson had been proceeded
against, in order that the reflections which attached to Earl
Fitzhardinge, in consequence of his connexion with Mrs.
Barker, might be removed by obtaining a conviction, and
consequently the assumption that Mrs. Barker was free from
suspicion. Ile held, however, that the apology which he
had offered was sufficient.
Lord DENMAN inquired what the counsel for the prosecu-
tian would deem a sufficient apology?
Mr. Sergeant Ta Leonia) said the addition to the apology
which the dekndant tendeeed was this, but ho refused
to accede to it : --" I greatly regret the annoyance which
these letters have occasioned, and 1 hereby declare that the
charges which they convey are wholly unwarranted." He
refused to accede to this, or to consent that his refutation
'should be published in the newspaeers. He simply expressed
his regret at having written lie letters.
Lord DZ:IMAN— Do you think there is anything in that
which a person sending sec]) letters ought not to make?
Mr. WHATELEY—No, my Lord.
Lord DENMAN thought that the publication of such an
apology could not be obje:ted to, and that upon calm re-
flection the Learned Counsel would consider it his duty to
advise his client to accede to it. It was not one which he
ought to refuse to make.
Mr. WIIATELEY did not hesitate, on the part of his client,
to make the required apology.
Lord DENMAN—Then we may say that this puts an end to
the proceedings.
Mr. Sergeant TALFOUND accepted the apology, on the
part"of his client, and applied to the Court to make an order
on the defendant to pay something more towards the ex-
penses of the proceedings than the ZiOL, which Airs. Barker
proposed to devote to cUaritable purposes,