The Sun.
London, England, 1803-03-25 00:00:00

IVk?.7 FOLk ASSIZE;.

THETFORD, MARCH 22.

BEFORE SIR HASH GROSE ANO A SPECIAL JURY,

ASTLEYI BART. V. HARWOOD)
DEFAMATION.

Mr. M'lNrosn opened the pleadings:--He said;
this was an action orought by Sir Jacob Astley,
Bart. against W. D. Haewoed, Esq. and the Deehie
ration Awed, that a short time before the speaking
and publishing the false aed ecandalous word,
therein Contained, the Plaintiff had served in afor.
mer Parliament, as Knight of the Shire for the
.County of N,Jl6lle, and at that time was a
date for a seat, as such Knight of the Shire, in the
present Parliament ; that the Defendant well know-
ing the premises, but contriving to injure the Plain-
tiff in the esteem of the Freeholders, and to cans;
and procure him to be looked upon as a man of no
integrity„ and as an assassin, and a murderer, did,
on the 15th day of July last, publicly state, that the
said Sir Jacob Astley was a Liar, an Assassin,. a
Coward; a Scoundrel, and a Murderer, and that Ina
had murdered his own Father—to the damage of
the Plaintiff of to,oool.—The Defendant had plead.
ed Not Guilty, and upon that issue wae joined.' •
Mr. EIOKI NE —" Gentlemen of the Jury, I haee
the honour to attend as Counsel, at the desire of Sir
Jacob Astley, Bart. by your favour and indulgence
one of the Representatives of this County. I attend
to submit to your judgment and consideration an
attack made on his honour and charader—an itojery
at all times, and under. any circumstances, most
grievous, but heightened greatly in the opinion and
feeling of the Gentleman who applies fur peer ver.
dia, inasmuch as this attack was made in the pub.
lie face of the world, and at a time I when .le, was not
present to enter on a vindication of himself. Above
all, at a period when he was soliciting the suffrages
of his fellow-subjects to represent them in the (..3reat
Council of the Kingdom—a trust which, permit 'me
to say, nothing short-of the most unsullied integrity
ought to ask or receive from the judgment, wise
dom, -or favour of the people of any part of the em.
pire. The circumstances which go to the cons`ti.
tution of this cause, are so perfedly notorious, that
there is not a man, if my voice was loud enough to
extend to the limits of the County, who would not
be perfedly acquainted with tliem—consequentiy all
the observations and refledions which I shall have
to address to you, must have occurred to every per-
son present ; and it is for this reason, I feel myself
under no small degree of embarrassment in perform-
ing the duty which is required of me. Gentlemen,
notwithstanding the hot debates which have taken
place at various periods in this land, on the subjed
of the liberty of voting and speaking, with refer-
ence to public charaders, and subject; of a public
nature, yet as regarding private slander, nothing
has ever been brought into question. Lawyers,
moralists, and all classes of mankind, have uniform.
ly been agreed.—The reason is plain ; there is :an
intincible sensibility in the mind of every human
being, for the good opinion of his fellow-creature;
it is a principle implanted in the breast of every in.
dividual, for the most beneficial purposes; it fits
him for social life; it ao strongly perVedes every
department of life, that there is Ea, person, whatever
may he his rank, birth, situation, talents, at quali-
fication, who is not aduated by it. Jr is the prin..
ciple which, operating on the human breast, is the
parent of every social duty, ind awakens every
sentiment that is great and good. If I were toaask
you what, at the late awful and critical period of
the Country, has stimulated our. brave Countrymen
to deeds of splendid and glorious atchievemenr ?
What is it, when the shrill spirit.stirring trumpet
sounds to battle, urges mart against man, ermy
against army, and navy against navy ?—What is it
has made British valour triumphant in every part of
the world ?--What is it but that principle, the effeds
of which I. have stated. Do you think a man sits.
down to moralize upon the duty he shall perform to
his country, by assisting in a well-fought battle ?
—No : he considers only how, when he returns to
his native home, he shall be received by his friends,
and how his name will be resounded"from mouth to
mouth; and 'the fame he shall have acquired, and
the glory he shall have atchieved,. be celebrated'among those whose esteem and good opinion he c 3
most anxious. If we look back to former tunes, we
may find the truth of what I am stating exemplified,
in the conduft of the Christian Niartyrs. When
they felt the flames that were on the point of con.
sunning them, it was not only the reward of an hen.
venly crown they anticipated, but they looked for_
ward to the applause and admiration of after ages.
In short, the love of reputation, aid the desire of a
good name, is the foundation u' all public and pci.
vate worth ; and it is therefore that the Law of this
Country, ever attentive to the best interests olSo.
ciety, gives an action to a man who receives are.
proach fioni another, of that which if true May sub.
jed him to punishment. It does this that Society
may live in peace and tranquillity ; for it is in vain
aenan is in the enjoyment of riches and the [exotics
of life, if it, consequence of his charader being dc_
stroyed, he cannot look his neighbour itt tine 1,1t.c.
These are the principles which owl this,
Cause—The facts I ought rather to re .r to,' donr.
state--they are familiar to every one of you. With
these preliminary observations I will, lea wever, now
proceed to state the fads :—The Piaititiff and the
Defendant had been companions and friends
for 2;
years—They lived together durieg the remoter pare
of that period in habits of friendship, which or
sanguinity, ilelf 4o endeared, as' the apontantous con.
ought to be, habits of confidence. There is no can.
sanguinity of ft iendship A man leek himself iwt
in one of the common situations of life when he it
with his friend, be feels he is with his brother. I
do not speak of any obligatio6 which the Defeo&
ant received froth the He was nor, I ad.
mit, in a situation to require them ; but he're..
ceived hise• hospitality, -and every favour urged by
friendship, which ought to have made att impres-
skin on his mind. Veit know that Sir Jacob Aso.
ley represented the County in tot utter Parliaments,
upon the advancement to the House of Peels of the
worthy and honoutztbie Gentletnan whom Inc sue.
ceeded. You know too, that Sir Edward Astleye
the father- of the present Plaintiff, recently died,
and that previous to his death he had, in conee.
quence of expences he was led into,. freqeently, been
under difittlitics, but at no time had those difficut.