The Sun.
London, England, 1805-06-28 00:00:00

.1. ,1 i.'' ' RE'.n.0.1;:•.r..

COURT OF Kl:',;(:'s BENCII, ruNr.

THE KINGV. BUM? AND ItYDNEY,

The D efendant Bucia was again brought into: Court;
and Mr: I)ALLAS and Mr. TALBOT 14'ere Beard in riai
tigat ion of judgmeot. Mr. stated the yotith
of the Detimdant, arid his ill-health; having lately
broken a .blood-vez:el, He admitted that be had
not given up the anthOr Of 'Judi *,'4l!v-v.pz
but he said if he had in a alornent of indi:xl-ctien
given his promise t. the author not to reveal his
flame,he hoped no honourable man would thinit
to worse of him for not breaking tifat protnkti,
from the Inca') co?asi,leratiOn of Personal advantagd
to hirn3elf. The brave, he said; wire usti4ly at:»
nerous, abut lie saw not much of generosity in thi3
prosecution On the part-of the Noble Rail t'St. Vin-
cent) ; it was Oile,which, in his 4pprehensiqri, migiat
as well haft been spared.

. . ,
Mr. SouciTon-CENTIAL,bn the other slde;,coni-;
mented on the tnalignant kiatku-ti of the Liik!, and tt at-
ed that all the fags false, and'invented for the
purpo3q Of drawing; conclurions; which wcre. tuirly
drawn if the filets had been Late, to the prejudice of
the Noble ProiecuterMr. EntSsit4E having spoken
ow the same side---4hecourt ordered D
the efendant
to stand committed, and, to brought up again on
Tuesdik.

THE KING V. IILACTJON.

The Defendant had been convieled ftS the au-
thor of a Libel called 'Naval daniPlistr6ton, ri.-
fleCting on the conduct of Lord St: Viucent hiS
station as First Lord of the Admiralty, Thepee'seges
which v, ere charged in the_Libel were, that the Beard
of Adniiralty were more iittent en annoy:L:lg the
fenders than the .t*rie.mies of the Country; tita'.. Lord
St. Vincent had taken undue Menus to remove air
A. Snape thuntied,from the ColnptrollershiP of the
Navy ..and that the private eorrespondence of Sir
Sidney Smith had been violated by breaking open
his letters. At the request of Mr. CuaVioon COUri•
sel for the
.Defendant, anc.ti.er passage 'was read,.
which stated„, that a young Naval Office; having ap-
plied for employment at te A.dmirety, was first re-
ptimanded, but writing to Lord St. Vincent again,
he Was ;Wantonly impressed, ancr.c4.ried QII board a
tender. The befeodant put in an afad tvit, which
was read, io which he stated, that he wrote the pam-
phlet from patriotie motives, with a view to expee
what he' believed to be the Misminagement of the
then Board of Admiralty; that he compiled it.from
sources of information which, he believed- to be au-
thentic and corral and that he n'ild lie -penthibl en-
'mity whatever against Lord St.. Vincent : at the so-
licitation of -a Mr. Bourne, he gave up the whole
impreSsion then in his custody, amounting to 700
copies, who, he believed, delivered them to Mr. Toe-
ker, the Private Secretary to Lord St. Vincent; thathe •
gave them up to, be suppressed, becauie the objeit of
writing the pamphlet had. passed-away, it being em-
roomed at that time that Lord St. Vincent was
about to resign. He added, that. he had' received
the other fifty from the bookbinders. afterward, ried
that they Jay by 'him' unnoticed and .unopened, and
that he never gave, lent, sold, nor shared a copy to
any, but for tbeeturpo3e of legal advice and his de-
feece. Another affidavit was read from Lieut.,
C;olonel Smith, the brother of Sir Sidney., whc
stated, that some time in 05tober Admiral Mon-
tague camel to him in a public otfice near and •
rodnced A letter directed to,his brother, W.. S.
Smith (on HisMajesty'S or•
dered tee opyii that 'letter, :ind askefl a.,; his
brother, to open it, and that• he replied, " 1, as his
brother, Wll not open that letter; do you, as" his
Admiral, us,, your ewn judgment." nfterwartis
the. Admiral broke open the letter ,in' his presen.Ae
and having teforrnedhimself of its contents, the let-
ter was t*Sealedi and he matte a minute of the
time and Manner In which the letter had been open-
ed ; that his impression was, and is, that it was
done by the orders of the late Boerd of Admiralty.
Mr. RVADERladdrc%Sed tho Court in a very
speech, in, Mitigation of judgment : lie dwelt ott
the honourable condrA of the Doicndant, who
avowed himself the author when another mart way;
near suffering for that imputation. 4e insisted on
the non-circulation and total suppression of they.
book by.. the Defendant as matter of great! extenua-
Lion; and thought the Noble Lord had not consulted
hisclemency in bringing forward this proSecntion.
, Mr. Cuawoon, the other Counsel for the De-
fendant; declared; that he should Wink it prolesSional
cowardice, and himself unworthy of his gown, if
any considerations of the high rank of the Prosecutor
werato make him shrink from doing his dory' bold
ly, or withholding those obs.Aatien3 which 'find),
arose from his cOnduel in thisTProsecutioit. Ile ad,
vetted to the severity of Libel Law, and obserVed,
that 'if modern times did not See those instaeceswhielt
stained the page of out history in no Very remote
periods, it was not that the Law of 1,i1.0.1s wasarrw-
notated, but that it received a mitigated meettion
in the 111111(.13 of more temperate men. He entitled
.to the statement of Mr. Summon' (3.a I•EitAr.„ that
if the falas were true, the inferences werejtist, but that
the Defendant had invented the fie ts to build the con-
cinsionsuponthem, and said, that it was important to
rescue his Client frorOthis imputation, and trusted he
shoUld shew that he was not the col n erofli bellouslaats.
4 was singular that in a work detailing 'so niftily'
fte,is, the Noble Prosecutor should have seleeted
but two, those relative to Sir
.A. S: Ifamond arid Sir S. Smith's correspondence; that he W 3 TIM
inventor of the last charge was clear front3
C olonel
Smith's affidavit, which would be corri-ARrate.,.l by •
an affidavit of Lord St. Vincent hims'ell, already on
trey the files of the Qourt, itt Which a letter at Sit"'appeared,.'addressed to the Secretary of hide
the
Admiralty,. complaioing that hiS private and even
secret conwpondence had been subjeaed to an io-
quisition, and desiring an assurauce that it. should
Nile t,to
not be repented.
the rd
when the gallant Knight, bn'tsting whit inftmaign,
attempted to. culdre!is his Lordship upon this point, •
nic:
7:7 ;:enregigur::::od.saßir:tiasni.:o"l:b:
sertred,, he. co old not know upon what stabled Sir
tseimdipl'etycsisp.leieztdk-,t,0 id
n!:ddivas him
sti ce!r
thatlttiurtil6ys at-
tie •
Court would not then admit it. lie did not know
upon what it was he wished to speak.

Cuawoon replied, that most certain!y hi
,OrdihiD Wa (23rMia_ ,