The Sun.
London, England, 1833-11-19 00:00:00

SITTINGS OF THE COURT.

In the course of the morning his HoNotnt inti-
mated that for the future he should not sit after the
last day of term till the first seal. He thought this
would better suit the convenience of the Bar, as it
would assimilate the practice to that pursued both
by the Lord Chancellor and the Vice-Chancellor iu
their respective Courts. Besides, he required some
time to make up his opinions on the important
cases which stood for decision, and the intervals of
leisure so occurring he should devote to that purpose.

COURT OF KING'S BENCH, Nov. 18.

EX PARTE THE EARL OF DURHAM.

The SOLCITOR-GENERAL said he was instructed,
on behalf of the Earl of Durham, to move for a
rule to show causa why a criminal information
should not be filed against the printer, publisher,
and sole proprietor of the Newcastle Journal, for a
libel published in that paper. It was with the
greatest reluctance that Lord Durham made this
application, but whPri facts which, if true, would
be most discreditable to his Lordship were stated
in public newspapers—facts which were untrue,-and
must have been known to be untrue by the person
who published them—Lord Durham felt he had no
alternative but to apply to the Court for its inter-
ference and protection. This application was made
in a shape in which the truth or falsehood of the
charges might come before the Court, because a
prosecutor, on applying for a criminal information,
was bound to deny the truth of the charges made in
the paragraph of which he complained. On the
28th of September last, there appeared in the New-
castle Journal the following paragraph :
" LOYALTY.—THE EARL OF DURllAM.—Yes-
terday the tricolour was flying from the mast-head
of the Earl of Durham's yacht Louisa now anchored
in the Tyne. This disgraceful exhibition roused
the sterling English feelings of hundreds of brave
fellows, inhabitants of the two Shields, who fought
the battles of their country during the last war, and
who vented their indignation against the revolu-
tionary flag of France in curses loud and deep. After
the insult offered by the ambitious Earl to the Royal
flag of England in Cherburg harbour, by ordering
his own arms to be placed above it, we were pre-
pared to expect a good deal, but certainly did not
anticipate that he would outrage the feelings of
Englishmen in the mariner we have described."
This paragraph contained a circumstantial ac-
count of facts which were professed to be within
the knowledge of the narrator. He (the Learned
Counsel) would now, with the indulgence of the
Court, read the affidavits of the Earl of Durham
and the mate of his vessel. The Earl of Durham
stated in his affidavit that he was the owner of the
yacht called the Louisa, which sailed into the river
Tyne a day or two before the 25th of September
last, and was, on that day mentioned in the para-
graph, anchored in that river ; but that the para-
graph ,vas in every other respect false and without
any foundation whatever; that the tricoloured flag
(which the deponent believed to be the national flag
of the kingdom of France) was never at any time fly-
ing on his vessel while in the river Tyne; that he never
ordered his own arms to be placed above the royal flag
of England at any time or place, neither had he on

board any flag or ensign on which his family arms
were painted; that he never gave any directions for
the hoisting of the tricoloured flag or any such flag,
either at the mast-head or at any other part of his
vessel; while in the harbour of CherbUrg, or while
in the river Tyne, or any other place ; and that he
did not believe that the tricoloured flag was ever
hoisted or displayed in any part of the vessel, except
in the month of September last, when the vessel
was lying in the harbour of Cherburg with several
others of the Yacht Squadron, when the King and
Queen of France having announced their intention
of visiting the harbour, orders were given by Lord
Yarborough, the commodore and acting commander
of the squadron; that the ships should display their
flags in honour of the King and Queen, while they
continued there ; that, according to the usage in
such cases, the several vessels of the squadron hung
out their flags of different nations, and that on that
occasion the Louisa and several other vessels dis-
played the tricolour or standard of France; but that
during his Lordship's sojourn at Cherburg he did
not reside on board his vessel, but dwelt in the
town, and never a: any time gave directions for the
tricolour to be hoisted on the above or any other
occasion, but left it entirely to the Captain whom
he employed to navigate the vessel; that he believed
the object of publishing the before-mentioned false
statement was to irritate and excite the minds of
his Majesty's subjects against him, and that this
was only one of a series of false statements which
had appeared in the newspaper in question.

Mi.' Justice JAMES PARKE--kOll have stated
enough for a rule to show cause.

The SOLICITOR-GENERAL-YOUr Lordship will
allow me to state that the mate most distinctly ne-
gatives the assertion that any private flag of Lord
Durham's ever was on board ; and he also states that
the tricolour never was hoisted except during the
three days when Louis Philip, the King of France,
was visiting Cherburg ; that that was done with-
out the interference of Lord Durham, and was done
by various other yachts, so that the assertions
made in the paragraph are without the semblance
of anything like truth.—Rule Nisi granted.