The Sun.
London, England, 1834-06-30 00:00:00

BREACH OF PRIVILEGE.

On the motion of Earl GREY, the Order of the day
for the attendance of Thomas Payne, the printer of the
Morning Post, at the bar, was read.
Mr. Payne having appeared at the bar, was examined
by the LORD CHANCELLOR, as follows:
Is your name Thomas Payne? is.
Are you the printer of the newspaper called the
Morning Post ? lam not actually the printer, but I
am nominally so.
Are you registered at the stamp-office ? I am.
Are you registered as the printer, or what ? I don't
exactly know ; it is very generally made.
Are you publisher ? lam ; I am the printer as
well as the publisher; but I am not actually engaged
in the printing.
What is your real trade, then? lam the publisher.
Are you the editor ? No, my lord.
Do you exercise any discretion as to the insertion of
articles? No.

Are you aware what articles are inserted? Not
until the paper is printed and published.
Do you interfere in any way with the paper except
your name being at the stamp-office ? No.
Could you prevent the insertion of any articles if you
chose ? No.

Who superintends the insertion of articles ? The
Editor.

Who is he? A gentleman of the name of Bittle-

I•stone.

Is he here? No, my lord.
Is he in the house? Not that lam aware of; I
have not seen him here.

Is he the person who superintends the insertion and
rejection of articles? He is.
Did you know any thing whatever of the articles
which this house has pronounced a breach of privilege
before it was inserted ? By no means.
Do you read the paper yourself? Occasionally.
Not always. I have not time.
Then you don't print it, or write it, or prepare it for
the press ? No.
Where does Mr. Bittlestone reside ? I really don't
know.

Does he ever come to the office ? Every day ex.
cept Saturdays.
Earl GREY—Mr. Bittlestone is the person who
superintends the insertion of articles in the newspa-
per ? Yes.
Of which you know nothing ? Nothing.
And you have no means either of printing or in-
serting any thing ? Exactly.
The witness was then ordered to withdraw.
The LORD CHANCELLOR then rose, and said,
rmy lords, I should be very sorry to detain your lord-
ships one moment longer, because what I apprehend to
be quite clear is, and which I beg leave to state as
the rule regulating such proceedings as the present,
that you have a right, strictly speaking, on the admis-
sion of the party that he is the registered publisher,
to punish him for any breach of privilege that may have
been committed, and he is responsible in point of law ;
he would be responsible in an action, information, or
an indictment ; he is further responsible for a breach
of privilege, which is only a part of the law of the
land, namely, the law of Parliament. But, then, my
lords, it is always a matter of discretion whether you
will exercise your authority over any particular
individual. (Hear, hear.) It turns out,. in the
present instance that he is technically reiponsible,
yet, =irony speaking, he is innocent, because he says
he has given in his name as publisher, he does not in-
terfere in any manner with respect to the inser-
tion of articles. Neither has he the power of cor-
recting them, and I therefore think, under the
circumstances, this individual ought to be discharged.
I must, however, take the liberty at the same
time to say, although I do not mean to urge
any further statements with respect to this paper, that
it is very extraordinary, after a breach of privi-
lege of so gross a nature for the same paper
to aggravate the offence in the manner it
has done. The learned lord proceeded to say, that
he had only brought the subject forward for the
purpose of protecting the privileges of their lord-
ships' house. He would, therefore, now move, if his
noble friend has no objection, that the individual at
the bar should be discharged. ( Hear.)
Earl GREY expressed his readiness to accede to
the motion of his noble friend, at the same time
stating that if he was discharged, he should feel it his
duty to move that Thos. Bittlestone, the name of the
person who had been given up, should be ordered to
attend the bar on' Monday.
After a short conversation, in which Lord Wharn-
cliffe, the Earl of Radnor, Lord Lyndhurst, and the
Duke of Wellington took part, the motion for the dis-
charge of Thoinas Payne was agreed to; and Thomas
Bittlestone, the Editor, was ordered to attend at the
bar on Monday.
The house then adjourned.