The Sun.
London, England, 1823-11-21 00:00:00

te
eillea whether the assertion were true or Wee, (though this it
eras notsecessaty to decide), it was in my judgment an offence,
4itaor rashly ilittede with a mischievous inten I also a dded, th an
making a disclosuretion which mititt produceat such
dalligetens consequences, mistook his duty, for it was fit that
stiash tacommuniation should he made with the utmost deli-
t 00l caution ; but then I further added, that if there were
tasty
agy impeoper delay in making Ithe calamity known, it was
within the fair boundaries of the liberty of the press for an
editor to call the attention of his readers to the subject in which
their Interests were so much involved.
r, Harvey said it would not become him to oppose his own
i elision Of what had passed to that of the Learned Judge r;
ar therefore he would only say, in reference to i
ts 1
of
;he time, which the Attorney-Oeneral represented as silent on
this topic--- .
"Se. Joetice Beieet.tas.--The "opinion which I gave did not
found itself at all on the existence or absence of rumours, nor.
...does it proeeed on those grounds uow. I think that if
ing there
were rumours afloat, they aggravated the offence fe
" from authority" that these rumours were true ; and that the
effence in less
.of making such an assertion when there is no
ntmour, than of giving to current reports the strength of
certainty.
Mr. Harvey said, that he was placed in a singular dilemma,
whettthe prosecutor, in aggravation, attempted to i
show there
were no rumours, and when the Learned Judge stopped his re-
ply to that assertion, by observing that it would be better for
• his tine if there were none. What a number of papers must the
Attorney-General devour at his morning's repast, if he really,
without any personal motive; discovered the Sunday Times in
the mere course of his office. He (Mr. Harvey) held in his
hand a paper, called the Real John Rail, a paragraph from
which he would read; not, however, with a view of exposing
tlits, editor to the tender mercies of the law-officers of the Crown
nor of providing for the Attorney-General fresh employment et
a time when It was known that other and pleasanter calculations
occopied Ifet,thoughts. (A laugh.) [Mr. Harvey then read a
paragraph from the paper,insinuaung that there was some my-
n'
scary connected with the King's illness.l This was not all;
theaucceeding papers contained plainer and plainer intimations
of the same kind, till an article appeared headed " (lout, a-
jesty, and Madness."
Mt. Justice BAY LEY.—These papers are not before us, so
that we cannot act on them : they
.are not verified by affidavit.
Mr. Harvey--I am far from wishing to try, Its some have
done, how far the patience of the Court will go. I have no ob.
ijects out of the cause. - -
The Lone) CHIEF JUSTICE,--.-And now, I think, you may,
not only without prejudice, but even with benefit to yourself,
abstain from reatlingteny of those papers to us. You have stated
-,generally in your affidavit, that about the time when you pub.
Tithed the paragraph before us, the newspapers contained ne.
incurs of the same kind ; and I do not take that assertion to be
contradicted by the affidavit of the Attorney. General, which
applies only to particular papers. . ,
the benevolence,
Mr. Harvey.—l feel the kandness,l may say
of that suggestion of your Lordship ; and 1 will abstain from
quoting any thing offensive; but perhaps I may be allowed to
read a passage or two from The Times and the Caurler, which
are very differently expressed. The Tintes,l preeunie, is a pa.;
per which the Attorney-General sometimes looks at, especially
as he avows a predeliction for " Leading articles."
The Lone) CirrEF-JUsTICE.—We cannot know, except by
affidavit, the fact that a particular paper existed at a particular
time.
Mr. Harvey—Your Lordship sees the oppressive situation in
whictol ant placed—l do not say by the Courniperhaps by my-
self, in declining to produce further affidavits, as such a course
'must have delayed the judgment.
The LORD Cillni-JU sl.lcc In this Court we
can
know
nothing but by affidavit; the existence of a newaper at a
particular time is a fact; how, without affidavit, can we assume
it ?
that in justice to
The COMMON•SEBJEANT rose and said,
Mr. Harvey, he thought it right to observe, that he had a
Courier of the preceding Friday in Court at the trial.
Mr. Harvey--I will read one passage from The T;mes ; and
if, in his reply, the Attorney.Oeneral thinks fit to aettert that
this is not the file of The ?Imes that I hold in my hand, his.
Assertion may have some weight.—(A laugh.)—Mr. Harvey
then proceeded to read from The Times of the lfith May the
following paragraph ;
uestions would have been
" We were in hopes that tome q
*eked last night in one of the Houses of Parliament, respeeting
the state of the King's health. The ministerial papers an.
rounce that peculiar rumours are in circulation ' respecting the
real nature of the King's illness ;' we, therefore, suppose thnt
we u:ay at least repeat their statement. The ministerial paper
taro complain, ' that the King's physicians are not sufficiently
communicative;' we therefore repeat the complaint. Sonic
• people speak of the gout with which his Majesty has been tie.
verelyrifflicted; but it at to be observed, that the two builetins
already. published make no mention of that word ; they talk
°my of , the fever'—, the fever is rather Use—a the fever is
Ma tainted.' Oh, what would his Mujesty now give, if he
could real his injured Queen to life again I But the instru-
ments--the ready instruments, were to blame"—
The Loan Cit Mr JUsTICZ (interrupting;).—Cantyou hop e
to benefit yourself by reading other libels ?
Mr. Ifarvey.—My Lord, after the affidavit put iiiy the
Attorney-General, I feel bound to show that other pap have
been misled by similar rumours.
31r. Justice BA v LEY _The Court acts on certain rules: if
we allow you to assume as facts matters not on affidavit, we
?Inuit allow it in other cases, and the consequence will be inju-
rious to public justice.
Mr. Harvey said he wished to show that this prosecution was
instituted and pushed against him, not on political, but on
personal rounds. If not, why was the Sunday Times se-
late& end the daisy Titner passed over,—the paper called
the leeding journal of Europe, which probably deserved that
title, and the circulation and intelligence of which could not
•he dieputed. This paper contained articles as decisive in pur-
pose as that for winch the young and obacuro Sunday paper
bad felt the iron fangs of the Attorney-General,
wishandet this
alone was noticed. But I know (said Mr. Harvey, eat
energy) that the prosecution is personally directed against met
and if I now eat in the House of Commons, as I once did
for
the town of Colchester, I would impeach the Attorney-Gener
fotal can prove that he told the surveyor of Nobles
men t Lord,
,
through whose influence he finds his way into Parli
" that Mr. Hervey was the greatest enemy he had." And now
ir.
,
leaving, these topics, he (Mr. Harvey) would come to those c
cutrietancee which would induce the Court to carry into must
-the recommendation of the jury. In a case oil the jury must
find one of four things,—that the paper was malicious and
false, in which cane they would find a verdict of guilty.; or
neither false oor inalicious, in which case they would acquit;
Of malicious hut not false, in which case they mieht perhaps
also convict ; or Wee but not malicious, in which case, if
they theught themeelvea bound to convict, they would ream.
Mend to mercy. At the trial it Was admitted by hie Court-
-sel to an extent .which he did not exactly intend, that the
ontragraph was fiare ; not that ha now meant to insinuate
that it was true, but that he did mean to assert that there
wee true circumatences which countenanced the suspicion.
The jury than retired with a distinct admission that the state.
meet ws unrue; the whole twelvedisbelieved that it was ma-
lideutt ;a butt six of them thought that what was false was
./iieellous, whether malicious or not, and in this
u state of doubt
theye came to ask the question which they pt to the L
of the reply Lord
Clu Jureice. Ile did not mean to complam to
that questitm ; but they might have misunderstood it, and. have
.retarned their verdict under the impression, that what was un.
;ems roust be libelletts. When they returned, they expected
the. Lord Chief Justice was to ink the :won of their recom-
mendation to mercy, and the foreman had a written paper in his
.hand, which he would have read in these terms • 'We ream-
snend the defendants to mercy, because we think t
Chief .Justice
led
by their authority t" and, on that, had the
.30-0 them that they must find malicioutt intender), he was prepared
at once to return e verdict of not guilty. If evidence could now
lie giver, of the: facts, he should be entitled to a new trial, or
Tether to hove a verdict of " not ilt" entered on the record.
lie would now occupy to more o theytime of the Court ;he
would not appeal to their lordships on those topics of personal
coneideration which thoaffidavits Of his medical advieers sug.
liested ; in very different cases they were in the habit of re-
=Liking that Christianity was " part and parcel of the law of
England," and no part of that divtne
as systthedietance em wAs more ch
was be-
arac-
terietic thin the law of mercy. Great now
tween him and them, the time was not distant when itware m
there
ust be
rtaidered less ; and . honourable as their occupations
wee no man so pure and apotlees
consolation not to feel,
refl in hi
ectings lason t
loue, in looking for mercy, the of
mercy ,hewn to his fellows.
Mr. Chapman declined adding any thing to the affidavits
reed sm his behalf.
Mr. Harvey requested producedle erve, that he had not, AS
vote osual in hie situation, paffidavits to character, be-
ciatiee he could not regard the charge as implying any thing im-
moral. Ile wits to to perceive that the Attorney-General
heed not been able to lay before the Court any auhsequent
copies of the Sunday Times in aggravation of the charge.—
Ilis case was not like that of the publisher and proprietors of
the Jahn Run, who were brought up to receive judgment fa
less than five libels, in five succeesive papers, on her Majesty
and who were sworn to have pursued a systetn of atrocious ca-
lumny in every number of their paper.
The Lottu Cuoieral ornate—What you mean to say is,
that ,no sine paper is produced containing an thing of
tan Offensive nature; perhaps . the remaek
bin those eim
obseple words
ill better for youaltan when accompanied y other ry etionx.
Mr. flaevey.--I thank yaur Lordship ; but I also wished to
,call the attention of the Court: to the sentence missed OR.them.
Two of the defentlatiu; were heed 1(101. each, and imprisoned
for two menthe ; and the third, who ',minced affidavits Of ill

Itealth, was only fined SOOkand not imprisoned at all. I, too,
have produced affidavits of Dr. Southwood Smith, a most skilful
anti eminent physician, and'of Mr. Addington, a surgeon in
large practice, an to the state tf my health ; and of these I sus
sure I shall have the benefit.
The Loan Cum, JUSTICE referred to the book in which
the judgments were noted, and observed that it appeared that
at the time when Weaver, Shackell, and Arrowsmith were
brought up to receive judgment for the libels On
on the
Caroline
Wrottesley, the term of the previous imprisonment (9 months)
not having expired.
Mr. Buono uAst.—But, my Lord, Mrillarvey considers it
as a topic of mitisation, that this is his.first offence : and that,
in this respect, his case is favourably distinguished from theirs.
The Loan Cuttr-JUSTICE—Mr. Harvey has been fully
benrd, anti I am sure he has done himself very great justice.—
The second libel in the John Bid/ was not after the first sentence.
Mr. Bitouo tt As—No ; but it was long after the commence-
ment of the first prosecution.
The Loon CIIIM-JUSTICE begged out th
Mr. Harvey
seemed
to be
seated, as Mr. Justice Best had poi at he
distressed by standing.
The ATTOUNEY-GENERAL addressed the Court in aggra-
vation of punishment. The personal atteck of the defendant
on himself was scarcely deserving of notice. He stated at the
trial, and he stated it again, that he knew nothing of Mr. Har-
vey.as connected with this paper—that he did not even know of
the existence of the Paper it was officially brought before
hint, and lie had determined to prosecute. Was he to be told
that he ought to have accepted the offer, to have directed his
prosecution against the hireling rather than his employer, who
received the profit of his inventions ? The affidavit of the
defendant himself proved hint to be substantially the author.
of the article: lie admitted that he had directed his attention
to the subject ; that he knew its import beforehand ; that he
read it the next day; and it was in proof that he caused it to
be copied afterwards into another paper, so that he adopted it
his own. Ilad he produced any contradiction of the state.
went, from the whole tile of his paper, though he himself
stated that he investigated the subject, and though be must
have soon been convinced that his assertions were totally
' groundless ? he not reiterated the calumny ?—be.
cause a prosecution was impending over him. It had been
asserted that the daily journals teemed with reports on this sub.
ject. This was not so ; but if it had been, there would have
been no excuse for a statement as from authority that those re.
ports were true. Allusion had been made to other punish-
ments. Those were not tu,/ in question ; nor would it become
him to point out to the Court with what measure of punish-
ment they ought to visit the defendants. The libel was one of
a malignant character, anti a most mischievous tendency, not
only as affecting the personal feelings of the sovereign, but the
public tranquillity and peace. It was no excuse for Mr. Chap-
man that he had given his name for his son, and had noy
Ball
printed the paper ; for if such a defence could be of anvail,
the wholesome provisions of the law would be evaded, and the
security of individual character destroyed. He did not ask f
for
a sentence disproportionately severe ; 'but the Court would
member that the great object of all punishment was thase pr
teven-
tion of crime, anti would pass such a judgment migh
effectually deter others front committing an offence of this de-
scription.
'rite .1 UDOEs consulted for more than half an hour, after which
Mr. Justice BAYLEY addressed the defendants.—It was, he
said, his painful duty to pass on them the sentence of the
Court, for a libel, of which they, had been found guilty by a
Jury, on evidence perfectly satisfactory to his mind. The Jury
had accompanied their verdict by a recommendation, to which
the Court always lent a willing ear for they were anxious, in
all these cases, to press as lightly on parties brought before
them, as the interests of justice would allow. In the case of Mr.
Harvey, affidavits of medical Gentlemen had been read, which
they had taken into their serious consideration, for they should
be sorry indeed if any sentence of theirs materially added to
bodily infirmity and physical suffering. The libel itself was "
a most of
a very aggi•avated nature ; asserting, " front authority,
alarming circumstance, which authority turned out to be the
mere information of the editor of a newspaper, and accompanied
by comments which no man of a kind and compassionate
heart would have introduced, had he believed the statement '1
to be true. The editor of a public journal ought not to over.
state the authority nn which he made assertions of moment :
if he knew them of his own personal knowledge, let him
say so; if he heard' them front one who professed to have ,1
such knowledge, let him mention his author; if he only
knew them to be rumours, let hint mention them only Its
rumours ; but let hint not pledge himself to that of which
he knows nothing. Mr. Chapman produced affidavits, front
which it appeared that Mr. Harvey, havi
ng g
the acted withotfi - per.
sonal kindness to him, he gave his name Stampce
as printer, though he never really was so ; but WAS he aware
that lie had sworn himself to be the printer in express
part of Mr. Th
Chapman,e adavit was, at least, very incautious on the
and of dune who allowati to wear
tt ; and, at all events, subjected him to the full responsibi-
lity, of the situation which he had sworn he was to occupy.
The Court had taken all the circumstances into their careful
and compassionate consideration : they had not been unmind-
ful of Mr. Harvey's state of health : and they had resolved on
its sentence, which, when at any time they reviewed their judg-
ments, they would not lament as impropeshorly
uld severe
pay a fine
. The
sentence of the Court was, that Mr. Harvey
to the King of 200/., be imprisoned in the custody of the Marshal
for three calendar months, and
ingive security for his good be.
haviour for five years, himself l,OOOl. and two sureties in
500/ each ; and that Mr. Chapman should be imprisoned in the
same custody for two calendar months.
The defendants left the Court in custody.
The Loan Cum JUSTICE left the Court to sit at Mni
Prins, immediately before Mr. Justice BAYLEY began his ad.
dress to the defendants.

COURT OF COMMON PLEAS, Nov. 20.
This. morning Mr. Justice Runttou ens and Mr. Justice
PARK sat to hear motions of course, and attend to matters of
justificatory bail.
The proceedings were entirely devoid of interest. At eleven
&clock their Lordships adjourned the Court until to-morrow.
---..

PARIS PAPERS.

(From the Courier Francais.)
PARIS, Nov. 18.—Landabaru, whoa body,
according to the Journals of the South, was dug
up at Madrid on All Saints' Day, was, it will
be recollected, an officer of the Guards, and
massacred by the soldiers of his corps. His
death was the first signal of the insbriection of
July, 1822. Having been 18 months in his
grave, he might seem to have been secure from
the fury of re•action.
• The Gazette of Nuremberg 'announces that the
Pope has granted a General Amnesty to all per-
sons imprisoned or banished for political offences.
This Journal adds, that in a little provincial
town, which it designates by the initial N—
alone, there were between 500 and 600 persons
in prison.
The And de la Patrie of Brussels says, several
English in the service of their country have re-
ceived orders to repair to England, to complete
the complement of the army.
(From the Constitutionnel.)
There were in Barcelona, it is said, at the
time of the capitulation, 7,000 men ; 3,000 mi-
litia. The relations with Catalonia are now re-
established as before the war.
The Journal des 'Mats contains the following
observations in allusion to the discussion to which
SAVARY'S pamphlet has given birth:—
" We are assured that Prince Talleyrand, justly indignant
at the odious recrimination on which M. de Rovigo has endea-
voured to establish his innocence, wrote to the King, supp
licat.
ing his Majesty to order an inquiry by the Chamber of Peers ;
it is added that his Majesty replied, that the proposed inquiry
never should be authorized by him. The reasons which the
King deigned to give for his refusal have even been mentioned.
An inquiry appeared to the King to be contrary to the salutary
principle of oblivion, by which his Majesty wished, as express-
ed in the charter, that all acts anterior to the restoration should
be buried.
" What confirms the reality of these reports, and even gives
them a character of authenticity, is the following fact, which
cannot be questioned, since it was public, and occurred in the
presence of the Court. On Sunday Prince Talleyrand came as
usual, to pay his respects to the King along with all the great
oflit.Trs of the kingdom and crown. His Majesty took that op.
portunity of addressing to Prince Talleyrand these gracious
words:—' Prince Talleyrand, you and your friends may come
here without the fear of unpleasant meetings.' We are per-
suaded that these Royal words will put an end to the scandalous
insinuations raised by the man whose punishment they announce.
We have already stated that the Duke of Rovigo's future ap.
pesrance at the Tuileries is prohibited."

TRIAL OF CASTAIGN.

SENTENCE or DEATH.
The Trench Papers which arrived last nig'
contain the termination of CASTAIGN'S trial.. 1
has been found guilty on two counts—the su
traction of the testament and the poisoning o
Auguste Ballet, and acquitted of the charge of
having poisoned Hyppolite. Sentence of death
has in consequence been passed upon him, and he
has been condemned to make restitution to 1
Madame Murtignon of the 100,000 francs, with
interest, which he huti rritteivod from Anf.,,u9te.—
The favourable nature of the opinions expressed
by the majority of the Physicians had induced
many to think a different result possible : for as
they denied the existence of poison and of poi-
sonous appearances in the body after death, they
had removed the only positive proof which could
be given, and left nothing to determine the deci-
sion of the Jury but presumptive evidence. That
evidence, however, has proved too overwhelming
for the accused. It is even clear that it had pro-
duced a deep impression on the minds of his own
counsel : for though they made some eloquent
appeals to the feelings of the Jury, whenever
they approached the particulars of the case, they
ventured to do nothing more than to raise doubts
of which they wished their client should have
the benefit : they defended him, in fact, as men
convinced of his guilt, and struggling ail the time
against the horror with which it impressed them.
It is also remarkable that as soon as they had
finished an evidently, odious task, they retired
from the audience. The Court expressed its
surprise at this conduct, and ordered the Solicitor
for the defence to take notes whilst the Attorney-
General should make his reply : but Castaign
solicited some delay, which was granted, and one
of his Counsel, Mr. Roussel, returned ; but
Mr. Berryer, jun. who had spoken last,
remained absent, under the plea of ex-
haustion. As Mr. Rousso!, who had a right
to answer the Attorney-General (the last speech
is always for the defence in the French tri-
bunals) contented himself with declaring that he
had nothing more to say, he might as well have
remained absent too. At nine o'clock at night
the Jury retired into the Chamber of delibera.
lions, and at half-past eleven they returned and
delivered the fatal verdict. On hearing it Cas-
taign Was thrown into a state of dreadful agita-
tion, as will appear by the following broken and
rather incoherent sentences which, escaped from
him, according to the report of the Journal des
Debuts:—

" Yes, Mr. President, t know how to die, though I may
be very unhappy, end surrounded by circumstances which
plunge me into the tomb. I shall go and find my two un-
fortunate friends. lam accused with having assassinated them
in a cowardly manner .... Oh ! yes, there is a Providence ! If
there be something divine in the being that lives. Yes, that
something alkali go and find .... Oh I yes, shall find Auguste
and Ifyppolite Ballet. These are not vain declamations; I
do not implore your mercy ! I implore nothing that is human ;
I implore what is Divine, I call it, and I shall walk with rap-
tore to the scaffold Oh ! yes, because my conscience will
not accuse me even when I shall feel .... (putting his hands to
his neck).—Alas! it is easier to feel what I feel, than to ex-
press what I dare not pronounce • • .. (with a weak voice)—You
have wished for my death, you now have it !"
During the deliberation of the Court with respectect to the ap.
plication of the punishment inflicted by the a aign leaned
towards hie Counsel with the accent anti the lesturem of a man
in a state of delirium. " Come," he exclauned, " re-assure
Yourself Roussel s turn towards tue, you have believed my
innocence, I am innocent . . .... Embrace my father, my too.
ther, toy brothers, my daughter ......... and you young men who
have witnessed my trial, you, my contemporaries, be also pre-
sent at my execution ; My firmness will not. belie itself; a
prompt death is the only favour that I ask for I should
blush to implore clemency."—At twelve teclock at night the
final sentence was pronounced, which Castaign, grown ,calmer,
••• heard without saying word.