The Sun.
London, England, 1832-04-03 00:00:00

LIBERTY OF THE PRESS.

(From the Carlisle Journal of Saturday.)
TO THE READERS OF THE JOURNAL.

For any deficiencies which our paper may exhibit
to-day, we are about to offer an apology which we
feel confident wil! be accepted as sufficient.
The [flake are aware that the proprietors of this
Paper were some time ago served with a notice of
action by Mr. John Fawcett, a sessions lawyer, for
inserting a short paragraph descriptive of the mental
qualifications of a supposed writer in the Patriot,
and which Mr. Fawcett asserts was descriptive of
lurn, or of his endowments. No moral imputation
was cast, or attempted to be cast upon the person
alluded to; no name was mentioned, nor hint given
from which a name could be infer red ; so that no
oue but the few private friends u he might have the
daily opuortunity of witnessing the fitness of the
cap which Mr. eowcett had chosen to assume, could
possibly know to whom the paragraph alluded.
Mr. Fawcett, however, called it a libel, and brought
his action accordingly. Just previous to the As-
sizes, when the can-e was to be flied, Mr. Fawcett
appears to have had some misgiving,: as to the po-
licy of allowing twelve men indifferently and impel-
tidily chosen from the body of the honest yeomanry
of this county, to be the judges of the value of his
brains ; and he therefore moved for a special jute'.
Our readers are aware that such a jury can be ob-
tained by one party against the consent of the othet ;
that it is a most cosily ins,rument, for which the
party not consenting to it, is liable to pay if he lose
the su't ; that it is open to many and serious objec-
tions, as unconstitutional in its nature, and oppres-
sive in its mode of operation. It is, in short, a kind
of jury to which we are opposed upon principle ; and
rather than submit to such an ordeal, forced upon
us against our will, we determined to suffer judg-
ment to go by default. A writ was accordingly
issued to the Sheriff to calla jury to assess damages;
and this was to have been executed on the Wednes-
day in the late assize week. Our readers will no
have forgotten the scene which occurred upon that
occasion: and therefore we shall not again detail the
particulars; suffice it to say, that after a display of
ng and trickery, that reflects but little ered
on the party concerned, the writ was withdrawn, by
the plattuiff's attorney, rather than allow the hear-
Ina to take place in open Gnat. Thus the thing
rested until Saturday last, when we were again served
with a notice that the writ was to be executed
at Buwnesa ! !! on Friday the 30th of March (to-
(lay.) To the distant reader, it may be necessary to
nessi
fourteen
sasmall
the fishing village upon
S
miles from Carlisle,
where such a Court was never held before, or pro-
hmeebnlvri:tinfevsa: that
rtrß°hi
heardt': about
of; and that in the kouse ap-
pointed for holding the Sheriff's Court, there is not
a room sufficiently large to accommodate a dozen
people without great inconvenience.—That the
reader may still more fully understand the nature of
this proceeding, it is necessary to mention, that the
plaintiff and his brother-in-law attorney, are share-
holders in a rival newspaper, the Pabiot, which is
a regular and uudisguised tool of Lord Lonsdale'e,
and that they are the acting men on the committee
for managing that paper; that the attorney is the
electieneering agent of Lord Lowther, ail that the
parish of Bowness, which has been thus selected by
them for this exhibition of their political antipathies,
is supposed to contain, in proportion to the number
el* its inhabitants, more supporters of Lord Lans-
dale titan any other parish in the county—his
Lordship being lord of the manor, patron of the
living, and owner of considerable property within
the boundary. From this parish we presume the
Jury will be taken; and the reader will judge
(or himself what mercy we have to expect, or rather,

Nliqt our opponents are desirous of meeting out to us,
by dragging us there.
These facts will show that it is not to assauge
wounded feelings, but to gratify political animosity
Ilitt, this action originates; that it is an attempt to
put down free discussion, by sacrificing those who
are its unceasing advocates, and to wreak upon us
that vengeance which has displayed itself upon so
many occasions by the party whom the yeomanry of
this county defeated in so noble a manner at the last
election.
We shall not add more at present. The trial—
if trial it may he called—comes on between twelve
and two o'clock-(Friday); and should- it finish tii
time, we shall publish the result in a second edition.
Counsel are to attend on behalf of Mi. Fawcett.—
We purpose pleading our own cause.

(From the Second Edition.)
Bowness, Half past Three.
FAWCETT 41 JOLLIE AND STEEL. _

The Jury have this moment come to a decision
on this cause, and their verdict ie—Damages, One
Farthing.
The Court opened at twelve o'clock; the Under
Sheriff, G. G. Mounsey, Esq., presided; and the
following Jury were sworn !
Robert Backhouse, of Anthorn, foreman.
John Morton, Longburgh.
Charles Stag, Lesson Hall.
William Stordy, Moorhouse.
James Morton, Longburgh.
John Steele, Southerfield.
John Moore, Orton.
Mason Hodgson, Longburgh.
John Dixon, Lesson Hall.
John Brown, Orton.
Francis Grainger, Southerfield.
Joseph Pattinson, Glasson. _

Mr. W. N. Hi dg-on, of Carlisle, the brother-in-
law of the plaintiff, conducted the case for the pro-
secution. Mr. Steel conducted his own C3,C, and
spoke for nearly two hours. The Under-Sheriff then
summed up; the Jury were left in the room for
about five minutes, and then returned a verdict for
plaintiff—Damages, One Farthing.
Mr. Steel paid the amount down; and said he
hoped the datniv4es would ease the wounded feelings
of th plaintiff. Several gentlemen accompanied
the defendant from Carlisle, and he was warmly con-
gratulated upon the result, at the close of the pro-
ceedings.