The Sun.
London, England, 1835-06-17 00:00:00

COURT OF KING'S BENCH.

THE KING, AT THE PROSECUTION OF VISCOUNT PALMER-

ETON V. BOUCHER.

The ATTORNEY-GENERAL said that he was instructed
to apply to their Lordships for a criminal information against
the editor, printer, and publisher of The Albion and Star
newspaper, for a libel published in that paper upon Lord
Palmerston. This was not an attack upon the Noble Lord
in his public capacity ; he was perfectly willing that the
utmost latitude of discussion should be given, and that any
remarks should be freely made upon his political conduct and
character, but when such an attack as this was made upon
his private honour, he could not consent to remain quiet.
When a publication represented him as guilty of conduct for
which all; if the charges were true, would severely condemn
him, it would be a disgrace to him and to the Government
to which he belonged, if he allowed it to pass without notice.
So far, however, from Lord Palmerston pressing severely on
the defendant, it would absolutely be a question with the
Court whether he had not shown too much forbearance. On
the Bth of June the paragraph appeared in respect of which
he made the present application to their Lordships. It ap-
peared as one of the leading articles of the paper in
question, and was, therefore, intended to excite the greatest
possible degree of notice. It was in the following terms :
" A great deal of conversation is going on at the west-end of
the town relative to an alleged discovery of a Noble Lord's
connection with certain recent stock-jobbing speculations. It
is affirmed, that upon the investigation of the affairs of one
of the persons in the City who could not meet his engage-
ments on the last settling day' at the Foreign Stock Ex-
change, it turned out that one of his employers, on whose
account there was a deficiency of no less than 30,0001., was
of all persons in the kingdom the last who ought to have
been concerned in foreign stock speculations. We trust, for
the honour of the country and its Government, that the
rumours which are afloat on this subject will turn out to be
without foundation. In the mean time, we can scarcely
refrain from noticing a matter which so much occupies the
attention and excites the interest of official men, and those
in any way connected with them. It is not long since we
had occasion to copy from a Morning contemporary a brief,
but pithy warning, against, the danger of employing needy
men in situations of high official importance and responsi-
bility. There were, we believe, very few at the time who
had any doubt as to the name and position of the individual
pointed at. It will be curious if events have even already
occurred, sufficient to prove how much reason there was for
the remark." Having, read the paragraph, he would now
read to their Lordships the affidavits upon which his.appli-
cation was founded. The first was the usual affidavit as to
the publication and proprietorship, with which he need not
trouble the Court ; the second was. the affidavit of the
Noble Lord himself, which was as follows :
" Affidavit of the Right Honourable Henry John, Viscount
Palmerston, one of his Majesty's Principal Secretaries of
State:—

" Saith, that he hath seen and read in a certain pUblic
newspaper, called the Albion. and the Star, published on Mon-
day, the Bth day of Jane instant, and .purporting to be printed
and published by William Boucher, of No. 69, Strand, in the
county of Middlesex, at the office, 69, Strand, in the said
county (a copy of which said newspaper is thereunto annexed)
a certain paragraph in the words following—(that is to say, the
paragraph just quoted.) •
" Saith, that on the said Bth day of June defendant was, and
stili is, holding the office of his Majesty's Principal Secretary
of State for Foreign Affairs, and Was, and still is, in the per-
formance of the duties of the said office ; and that he verily be-
lieves, from the circumstance of_ his bolding the above-men-
tioned office, to which allusion appears to be .made in the said
paragraph, and from the general tenor and effect of the said
paragraph, that he is thc...:party intended and alluded to in said
paragraph by the name of -` a Noble Lord,' and by the words
' the last who ought to have been concerned in foreign stock
speeulations.' And that by the said paragraph it is sought to
impute to deponent, that he has been connected with stock-
jobbing speculations in a manner discreditable to him as a mem-
ber oF his Majesty's Government, and contrary to the duty im-
posed upon him by his said office.
" Saith, that he never has been connected, or in any man-
ner concerned, in any stock-jobbing speculations, foreign or
otherwise ; and that he bath never employed in any such spe-
culations, directly or indirectly, any person or persons whom-
soever in the city or elsewhere ; or any person or persons
engaged in or having any concern or dealings in the Foreign