The Sun.
London, England, 1833-06-22 00:00:00

COURT OF KING'S RENCH.-(THISDAY.

(Sittings at Nisi Prints, before the LORD Cum,
Sustrck and a Special Jury.)
THE MIND V. GRANT AND OTHERS.
This was a criminal information filed at the instance
of Mr. Alderman Winchester, and Mr. Briggs, a solici-
tor, against the defendants, Patrick Grant, John Ager,
and John Bell, the proprietors of the True Sun. newsspa-
per, for publishing various libels upon those gentlemen.
Whew the case was called on, Mr. Il.at.ts informed his
Lordship that Mr. Kelly, who was counsel for the de-
fendants was not present, being engaged •elreaThere.
The Jury were then called, when out of the whole
panne!, only the following eight gentlemen answered :
Francis Walpole, of Upper Seymour-street, FA.
George Williams, of Palma-terrace, Islin'gtoii; merchant.
John Nichols, of Cross-street, Islington, Merchant.
James Blalcesley, of Canonbury.lane, IslingtOn, merchant.
Alexander Carruthers Johnstone, Of • Gloticester.place,
Portmare-square, Esq.
Leonard Coxe, of Brunswick-place, liegentsjpark, merchant.
'Thomas Nosh,of Gloucester.terrace,lChelsea, E.
Charles Summers, of Euston-square, Esq.
The officer of the court inquired'ivlether either Party
.
prayed a tales ?-
Sir JAMES Sc.& RLKTT—My Lord„ Lam concerned
.'for
the prosecution, and as my friend Mr.. Kellyis engaged
alone for the defendants, and he is not. here,-.I am desirous
of taking no undue advantage in leis .absence ; and there-
fore I don't pray a tales. The prosectteion is for libel.
Mr. Grant, one of the defendants, said Vs the case was
about being postponed, he wished to ask his Lordship when
it was likely to come on ?
LORD CHIES' JUSTICE—I don't know ; certainly not at
these sittings ; the prosecutors don't pray a tales.
Sir J. SCA RLITT—I beg, my Lord, that it he understood
that it is postponed entirely in consequence of the absence
of the defendants' Counsel, en which account I don't pray
a balm
The defendants then withdrew. Shortly afterwards,
one of the Jury, who answered to Ili, name, handed a
paper to his Lordship, and addressed him in a few words,
the purport of which was not heard.
The Loan CHIEF JUSTICE then desired that the de-
fendant who bad spoken to him just previously (Mr.
Grant) be sent for,•• and on his return into Court, his
Lordship said, I think it my duty to mention that the
jury have informed me that since they have been summoned
to try this case of alleged libel they have received this paper—
the True Sun of last Tuesday evening, in which are some ob-
servations upon another case of alleged libel in which the
defendants were acquitted. It was the case of the Duke of
Beaufort. There is a good deal of matter in it which the
jury think is intended 'to apply to this case, but I do not
know whether it does or nor. I will read it :
" We hail the verdict of yesterday as the first step towards
this result. Let jurymen inform themselves of their obliga.
flons and their right ; and criminal proceedings for libel will
become unknown. We again repeat, that for the commission
of injustice, the law assumes guiltiness—why should not the
jury assume non-guiltiness, to serve the ends of justice, until
the plain and right means be accorded, to enable them to ad-
minister justice ? To arrive at a just decision, equally fair to
the accusers and the accused, there ought to be no anticipation,
either of guilt or of innocence. The law assumes guilt without
proof; let juries, by way of counterpoise, assume non-guilti-
ness without proof—by such an assumption, they simply avoid
anticipation, and put themselves in the way of arriving at
truth, and doing justice, which cannot be done, unless non.
guiltiness of facts without proof be assumed, as without proof
they are charged to be criminal." •
I believe all Juries do assume that the defendants are not
guilty until they are proved so, and that All .Judge.i te:l
them that that is their duty. It is exceedingly improper
to send round papers in this manner to a Jury, but at the
same time I think there is nothing in this paragraph
worthy of notice.
Mr. GRANT—My Lord, I beg to say that I had
nothing to do with sending the papers. I was not at the
office at the time, and I never authorized the sending of
any papers. I think if they were sent, it is much more
likely they were sent by the other party.
The matter here terminated for the present. In conse-
quence of the absence of the defendant,' counsel, the case
will not be tried until the sittings after Michaelmas Term

THE XING V. DYER AND OTHERS.
This case was resumed this morning, when another
witness was examined and the case for the prosecution
terminated.
HIS LORDSHIP, without requiring the defendant's Coun•
sel to enter on the defence, expressed his opinion that there
was not sufficient evidence of a conspiracy to warrant his
leaving the case to the jury.
The defendants were then acquitted.

COMMON PLEAS.-(THIS DAY.)