The Sun.
London, England, 1823-05-07 00:00:00

COURT OF KING'S' BENCH, Moor 6.

KIND V. J. A. WILLIAMS.
This was :an indictment against the defendant for a libel,
alleged to have been published by him in a Newspaper in the •
City of Durham, entitled the Durham Mucrater, of which
he was the Editor. .
•It appeared that shortly after the death of the late queen a
long article was published by the defendant, in his journal,
which tended to throw blame upon the Clergy of the United
Kingdom, - and of Durham and its neighbourhood, for their
condUct in not tolling the church bells on account of her. Ma-
jesty's death. On this ground. the prosecution was instituted.
The Jury found a verdict of." fittilty of a Libel on the Clergy
of Durham and its neighbourhood," on the first count.
that count it was set out, that the defendant had " written:and,
published. a libel of and concerning the Clergy. of the United
Kingdom, and the Clergy of Durham and its neighbourhood.'
Mr. •B no nOttAat had obtained a rule to phew cause ':why'
judgment in the cause should not. be arrested, on the ground'
that the omission of the words " of and concerning," before
"the clergy of Durham," &c. was fatal ; and also that the find.
ing of the Jury that the defendant was guilty of 'publishing a
'against "the clergy of Durham and its neighbourhood" was
not a sufficient description of the offence to enable the defendant
to know against Whofn he was supposed to have written a libel.
Mr. ticanf.wr T now sliewed cause. lle considered that the
omission of the words " of and concerning" was an unimportant
objection. .As to the other point of the finding of the Jtiry being
insufficient, he should contend that the contrary. was the case.
His Learned Friend had said, that the title of the clergy of
Durham and its neighbourbeod was too general, and that some
individual must have been pointed out, in order to subject the
writer to a prosecution. But he 'would contend; that as they
were a particular class of' men, that was quite a aufficient desig,
nation.. Instances of this were numerous. Libels on Il is Mai
jesty's troops bad frequently been held to he good grounds of
prosecution. ,If a .libel were published against the Judges;
surely nnone would say that the libel must mention some par.
ticular Judge's' name. If a libel were written on the House, of
Commons, must the ,libeller name a particular Member ? If
any libelous work accused the Church of a crime, no matter
hew enormous, would it be argued that the writer could not he
prosecuted unless he had mentioned the name of a particular
clergyman ? The libel here applied to the Church as a class,
and therefore he subinitted that the present indictment had been
properly preferred. • • '
Mr. 'FY-Imam. followed on the game side.
Mr. Brio v 6114134 in support of the Rule, said, that however
the vii'lgar might construe the words of the.first count of the
declaration, yet that wail not therinuiner •• in:which' theyought

to be considered in a Court of Law, and by a man of learning.
In this case no person skilled in the language of documents of
that description would consider that tins was by any means a
sufficient description to point out the person whom the writer
of the libel intended to defame. He would not say that it was
tot an offence against the law, that the Clergy of Durham and
its suburbs should be libelled ; yet by the case, as set out in the
indictment, it was impossible to fix on the person on whom the
stigma contained in the libel was intended to fall. The ground
on which he bad obtained the Rule was, that the finding of the
Jury was too vague. He peritctly agreed with Mr. Scarlett
in the instances to which he had referred, of his Majesty's
troops and the Judges. There a prosecution would certainly
be authorised, because they were bodies of individuals acknow-
ledged by the Legislature. But who had ever heard that the
Clergy of Durham and its environs were an acknowledged poll.
tical body ? Even in fiscal regulations, which were far more easy,
the persons under whose direction they were made were more
exact, although they were generally formed about five o'clock
in the morning. His Learned Fnend had said, a libel on the
whole Church was a fit subject of prosecution. Now, in "the
whole Church" were included Catholics as well as Protestants,
and therefore that proposition was ill founded. If indeed it had
been a libel on the Ecclaia iiaglicana, or established Church'
of the United Kingdom, then that reasoning Might be legiti-
mate ; but the Jury had decided this to be merely a libel on the •
Clergy of Durham and its neighbourhood. How far that might
extend, whether three, four, or five miles, was completely un-
certain. He should, on these grounds, submit, that the find-
ing of the Jury was too vague, and therefore,, there was
sufficient cause to induce the Court to arrest its Judgment.
Mr. ALDERSON followed on the same side.
The LORD CHIEF Jurrici.—The Court will take time to
consider this case.

This COURT OF COMMON NG
0 PLEAS,U
was a qttestion as to the validity of an annuity arising
out of the multiplied transactions of the firm of Howard and
Gibbs. It was an application to set aside an annuity, granted,
by the defendant, on the ground of noncompliance with tne 4
LD. MAY 6.
statutes regulating annuities. The first objection was, that at
the time of granting the annuity the plaintiff retained a part of
the consideration money, which had, in fact, never been whichth
e
possession, order, or disposition of the defendant, but
had been retained in order to satisfy certain demands due from
the defendant, as well as to cover a certain claim of commission
agreed to be paid in respect of the negotiation of the
ati annuon ity
was
. It
was stated also in the affidavits, on which this applic
founded, that the commission thus claimed was illegal on account
of usury, the sum demanded and retained being 101. per cent.
over and above the sum grantpl by way of annuity for the hi:,
terest of the loan. 'The fats stated on the part of the plaintol
were these :—The persons who negociated the loan for whicnbbs,
the annuity was granted were Messrs. lloward and Gi
be-
who had been before concerned in similar transactions on
half of the defendant. On these fernier annuities the
thee
defen-
, dant wee considentbly in arrest ; and in order to pay off ill
arrears, for which they because very importunate, the
fendant agreed to grant an annuity to the plaintiff; lettd was
recommended by Gibbs, in order to furnish money. Oible.,
accompanied by two persons as wiinesses, wentdown to Stroud,
where the plaintiff met him, and the stun mentioned as the con,
sideration of the deed was put upon the table, and the planes,
having signed the deed, the attesting witnesses left the Toon)!
Gibbs then took up the money, and, After stating the dor.c..
required to pay off the arrears of the old annuities and the
thats.
due for the commission at the rate of lig. per cent., and
due for the expences of the journey, retained the amount
of these sums, and handed over to the defendant only &o.au.T.iff
as remained by way of balance. On the part of the pi 111; _
most of these facts were contradicted by 'Gibbs,. and itch of
attesting witnesses (the other being dear}) t and it was loaf
insisted, that, supposing them to be true, still the _,,
could not be' affected by them, as it was net even pftou7:
that he was a party to the anangeuients. fle had Pauly ad-
that
ranted the money, and if art ait had been resin.* ait__ta:ie
time of granting the annuity, such retention had beenl:ls,
by Gibbs alone in respect of a private debt due to liM and
could not therefore affect the interest of the plaintiff
t of the
The Cou wr were of opinion that Gibbs was the agetion,:ei
plaintiff, and bound his principal by his acts. Thel.s u",
wail therefore void, and the plaintiff must deliver up !...,ot
to beoancelledi on the payment of the principal and Id,'"
fairly due to him. - --.:

HIGH COURT Oviiii"...Az
31/111,0I.R.A.L,Tis
' ht inlet.
Thii was a cause of salvage, hilt possess'ng
from the northwards very Flight
.1
est in its details. The vessel, which is valued at 1,3001. viss?'_
her voyage to London. on the 6th of December last, whenalll
groundea on the. Gunfieet Sands : she worked off,howeyV's, in.;
(-alt anchor ; but owing to the state of the wind, which n"...
the
Samuel; consisting altogethsebre°ll.°::lnverl
furiously
much danger. In this condition,ar.d with a signal of distres.i,
flying at he
~ . . r masthead,. she was urd which wags on the
tln'wirb—a small vessel of .10 tons b en, .
violence
look-Out for ships that might be in jeopardy from the
Qf'the
rdei and was then off Landguard k ort. The cryw,. 04
Mat 6. '
tlimh tYsrud:d
the!ltti_ were at first very actively employed,immediately,_„,,
ietiatoy cuts
.Juno, and by their direction her cable was unn _
o,__ i„,,,i
in consequence of which she ceased to strike as much as
.o
.r.°.7,
done. The salvors finally,_got her clear off that ground s, D'4
hard, and was
4,
in 'working her hack 'to Harwich, the vessel again took f,;,_
rt elsandlv''ol'rsltwileere offered 70/. on behalf of the owners' a .. . .
1 reTLI
oitetin:trnioteiss:e:d: anclDr•
offer was-refused, and the Court was now called on to Pr"
tion a larger sum in the way of sallage• card for the
DA...rf.t.elriuths:iTtring:alyotilt°'ferand Dr. Dpusow were b
claiman ts. .
One of the two T ' • Al .J.
by whom Ws Lortlibit„,rt.
with . . 0 tinny __asters, .% of the ..
vtt tee' on this occasion delivered the judgment
_, that the
Otowainitganwytihoengseurdilto.den
tervieei.
—asters had retired, di, tich dc'
His 11Iajesty's All CA then acqu iidr
Pressed.
received of iris sister's death his Lordship fonno "i"— foe di*"
Gott t was mere ,
missed, , , Ara lasts for the Ovinervo
, . 4i/Ottsts OF hX“tirtNut;, May ti• 0 ..c.F,
•
A nibtel dam ......... . . - .... 11 1.•
wativin:loind.n,
t'd:i.Pasneitnt,rib:tdeztiltiPoetlonicfairwtitceehticnuithe°srlitt a, nn'tidostatilclpirelr°l3npestediare,rt°,olarrin,lllll;:altra.iciba;iff(.),or.ll:t
a:tilos,' fir
Ditto, at Sight .................. 12 ,
Rotterdam .... . ........................ 12 11
Antwerp ********************** 15
11
44
11 ....................... 29
6 . Vl'
Attune. . .. . ............... e, ii thi.
Paris 3 1)- .' * ...... . ....... . ad
4$ 90 °ti
* 4) 4 bigot ......
p.a._.................. ~•,,, ig .
L. ....... • ......... T., " 0 IJI.
liourdeaux, ditto .., .. . ............. 2° 15 lone/
Frank fort oli t I M ' ...................
..
Lg
' 6 • 4
)e att3 • 159 itirecl,'
Minitid .......... .• • ~i ,
..,
... • • .36 gilecli'
Cadiz ........... ..• 66 00
'lithos ...... , ................. ~ gore
. ,se,
........ . .. . ..
Barcelona
Seville ' ........... sin
lbratta. ....... • ............... 2°l
Lighbrn ... ' .......... '. ' ....... 46 .
.... 10
13°0'14 .•• • • ..... 48 —Venice, Jtal.Liv. 211
salvoesi I.llnrdilitiwsci eh,
Wilts
A 45 ----Naples .......... I jet.
Palermo
... il4 1
..... _ ,
Lisbon ................. , . D.,
oporto ... . ....... . . 411
... . .............
Ilio,latieiro .. , .t 5
ilublio ,;.'.. 9i ' .... ........... ; ... cent.
vOrn ...... 9: pet
IaubLION•

( Plr()I.
Portugal Gold, i n Coin .................. , ►-
'Foreign Gold, 111 Bars .................... 3 I; 0
NNteww 1t0tudii?,,,,,01.)
.................. . . • . 3( /1
1904
...................
sil vrr in II arc. •,‘, attrlargi ......... • ... • • • , a
the
ill ItT . „..gardsbir ,
On Saturday last, at Swinnerton Park, D.' ~ .
LE44loo:intoicttlfhitaceSliclitill igctnitwsirtanaj. enttl,Yaisttliek:sillii:dgbytionso,fd:%:Cellll:ciA::.lolp:Aissls.le:ll:;:e,i:j:t;;
.1 taily A 0
Es+ Chief Officer of the lion. CompanY
daughter.

rixAulggeAstirdlyauGgahsttele,r
ofAtnhl.
.. __ . ,
AIAItItIF.D.
1, h :..1001 eff,ftili ,c6:,,,,'
On Saturday
John Wedderburn, Esgus'oth Scotland,•°Lat; tielen --trol'oi
On Tuesd ' ~ti'• Viatlic^
Alt. 4 o
ton, 6 Alb' ay, the 6th, At Islington Church, ~ I,
„h. latcf.loll
6, „stan-plaee, to Sarah, third daugliol.
I:te,`aned sister°n
to thepreont '
Garrett,r; p., Nwington Grecn:________....„_- . t
141F.D. 0,5c0t ,
`sister of the
~.,.. Lord Chancellor and Lord Stowel.s .„...,,,; of tifr
last, at Newcaade-upon.,Type, Mrl4
la,„".:1 the
.!d instant, Lieut... Colonel Thonnt t0.:.:,`,J. ,
--Su Mariam; late Governor of Van Dielneo i if4'i,", iurbe.
Border, Tuesday morning, Illay_fl, siiiidellYt. ~' ~ I,
of, ',tin's-road aged 27 ... Aftin Oi 6()i
011 Saturday, ~-1, . '.
...e 3d instant, in. tiottan4l4---, eff),,,,cara.
Year of his
age, J. 'W. Cox, FA. of the colony °---...libilis
Pritited .---d -- —7 - --", ---- --------,---::.iii,o,--
an Pubbthed fothe Purora.
Otiise,.No, In, Strand, !:,), J. lt• VA,l4,s,l;ir:
r .