The Sun.
London, England, 1850-06-22 00:00:00

- .. ...
. . - .
_. '' - , , r -
- - 7.
,
. „
•
1 • - . . , , -, . ' - .
.
,
....,----•" I' Pi E SUN, LONDON, SATURDAY E
.
RB. . _ ___ -
lay niorr- LAW INTELLIGENCE. present case had been prepared with very great Ino court of justice could reetrain that free expression of ehee., e.hgei
he _ ;air ii, P
adroitness and ekill, .net of course by his Hignisiesh I public opiuion which a public jourualist had a right to cieete;., i
tri 0T,..,,,,,,,,_41,t,t.,,,,,,,,,,,
,dirce.. ....
Idinself, but rather, he (clir F. Thesigor) might say, by pronounce On the conduce, ot a public lime. celc.'hy NU 4',„,.• ~,.. ~ a g ,Vg 4, lie V 4 4.'
ef the e'. COURT OF QUEEA"S BENCH, Jane 21.
his " Lowi4ess," tt.e at:.oru,y who was advisiElg hiin in Ise wee obvioue that ia the whet,' cf the article
n at too -ea-
. (Sittings at Nisi Prius, at Westrainster, before Lord
a the present action.-(A. laugh.) The attoreey had reference VIM made to the refuge which had Leen
We find the fellowFdrßiANthCeES;i/ut Public of Lyons
ay to ,
E throllgu'r Chief Justice CAMPBELL and a Special Jury.) thought proper -0 leave out ef the present declaration afforded hy Enghind to exiles et' yarious char,acters
o.f the nth :-" M. de Latuartine passed through our
is 0116 °` THE DUKE OF BRUNSWICK v. HARMER; a most important part of net ardcle of which he. corn- and irsitions who came from time to time to our snarea
rday en route for Smyrna. Ia order,
.d instal- This was an action brought by the pla,latiff ag n.
cree ct p.arne
1 ' d us a libel that day, and for a reason whiseh he end found- su'fficient and ample protection under our
fdeolortuymb
et ydl ee ssnst ' '
(Sir F. Thesiger) thought would be obvious to laws -
Le-to 58Y eoifd
hiasnayrrdiNe,anec
enxsetreapttiosno,mlemprihvai
ide,:end-
the defendant, one of the registered proprietors of this the jury.
Now let the jury cheserve the psseegee which " The objects of execration find themselves as freely
'otoonaev
es which
jourpal, for an alleged libel. bad been carefully excluded from the complaint which admitted to participate in the edeaeteges afforded by
of thing9'
The Duke of Brunswick conducted his own case in the Duke made before them that day, and which had our institutions as the men entitlea te general sympathy friends. About eleven o'clock he left the hotel by a
ears, the , . e door which o ens on f fh c) ; A R h
relties: A person, and Mr. Harmer, the defendant, was ably repre- been real as part of the article in question. It said- and reverence. Whetuer It ue -with a view to assuage
- " Afhar a lapse of no less than nireti en 'veers thet article the griefs of tee letter by cominieeratain, or to facilithte P .o .-e „At. eu --one, and em
sirs, cow- sented by Sir F. Thesiger and l'ir. Martin. barked on board a steam-boat which was to convey him
the expiation of the guilt of ihe former by affording to the South. The delicate state of his leeelth and his
te for two -->adin
The sabject•mattee of the adleged libel was ale g
• is 'produced in a court of justice ae sufficlently 'Mellows
a to ecable the plaintiff to obtain c.rupensstion." them an opportunity of repentance, certaie it is that
who had an opportunity
appearance of suffering made d ' • 11
composed
article which appeared in this jeurnal on the 2Sth June, Now he came to that part of lids article which it heed. Great Britain is 'accessible at all times to the political
t new solo
san,tiyd rehnacvwe'etdffteuetrends
aof
f,fjorreotauft
by Piatti; he ere- victim and the olitical crimiral irres -ec•ive of all
1849, commenting on a trial in this court, a few days been thought proper to diecard and omit from t a . , p , p
.1 . . .
permanent confusion of political affairs, those inces-
n case
hp
tae
hena ergkopei
uni.
ggmi
hnpt rwiole i
hsihnsi
int
ine;hn.
nhoeen,
sT,
he aura
es_.
d creeds, of all countries, of all colours, of a.l politic s, , .
fa, playe , previously, of an action for an alleged libel brought by sent declaration, which was as fames:-
"Ae to the obstacle presented against ~uch a decision of all antipathies, and rf all predilections. Red
2es, one se the present plaintiff against the proprietor of the Weekly
hv the Statute of Limitations, it will be observed that Republicans 'and Conservative aristocrats, (aeh find in Pas-e ,
the poetry
Dispatch. that was peremptorily overcome by the evidence given England refuge from the pursuit of difficulties."
vivacity:'
theless his eyes retain all their usual fire and even
:by Bon' • The Duke of Briussweca, in a long addresi which he by a witness named Casimir Reinhold, who swore dis- Now, might he not venture to say that a sovereign who
first time, .
read tn the jury, recounted the circumstances under tinctiy to having purchased, in tbe March of 1848, a neglected his duty, who arouse i the indignation of his -
affe's new T URKE Y .
which .he had thought it his duty, in June last year. te subjects, arid trampled on their libertiee, and who was
eyes I.'"gti cLopy
hof the paper printed in the September of 18.307
institute legal proceedings ahainst the proprietor of the ticereey aseertnig the fact of a recent publication. et hurled by them froth his throne, seas a person whom A letter from Constantinople of the sth says :-
e repeat' Weekly Dispatch. fur ne tieles which appeared in that will scarcely cause any astonishment to learn that ruea-
,faiPetaartissti;nobpulte
they might justly style aa object of execration ; bece.use “ Nothing yet appears 'to be definitively settled with
i „ogled.
journal so long ag.o es September, 18:30, nine,een years sures will be adopted hy the defendant for the purpose tl.e higher he was placed the more important and eaten. reepect to the choice of the successor of Prince Celli-
before the tria Those articles, which the Duhe corn- of setting aside the verdict, when it is known that net sive duties he had to discharge, and the greater the meal in the embassy
itilTir ' plained were libellous, were of considerable length. stet- only can the circumstance of a republication in 1848 be crime if he neglected and violated those duties. The cidedly recalled tu Co
ing, among other things. that he (the Duke of Bruns- disproved, but conclusive testimony can be efforded that Learned Counsel then read other portions of the T 1
air.nce of Samos i th ' •
,thaenld)riTollcmeniins
adteed-
n e room of Prince Vogorides.
t her MP , Wick) hail' been expelled from his dominions because one of the most important witnessee on behalf ot the alleged libel, which steted that though the The Governo fß'• T •
r o osnia, ahir-Pacha, has just died ;
allow the he was a tyrant, and had outraged the feelings of his sub- plaintiff on a former occasion tendered his services to Count de Neuilly and Don Miguel; and various
with Oil jects ; that he had trample.' on the larre and been guilty
a the delendent as one ready to appear in court against other political refugees in this country had been assailed •
and his death will probably put an end to the revolt-
, AtinuitY of other acts, which had so much incensed and irriteted the ex-Duke of Bruaswick for a consideration. When which has raged in that province, as the insurgents
in strong terms by the public journals, they had never
'., in al
lof his subjects, that they had expelled him horn his duke- these things have beers exposed there cannot remain a thought proper to sei k redress in a court of justice, and have always protested their devotedness to the Sultan
. dom and burned his palace. The libel of which he now moment's doubt as to the ulterior decision of the judi- then went on to say that if a monarch vi as expelled by though combatting the troops bent against them by
aomplained was an article written in this jeurnal in re- cial authorities." his subjects over whom he had exercised an arbitrary Tahir-Pacha. Two days after the departure of the
h, 1850. ference to the trial against the Weekly Dispatch, and And so careful was any allusion to the Statute of Limits- and tyrannical power, andsought a refuge on our shore', Sultan, one of the women of his harem, the Sultana
at her OP' which be alleged repeated and exaggerated the tions and perjured witnes excluded upon the present oc- they (the jury) had no right to fetter the expression of Mahi-Tabe (Moonlight), died at the palace of Tchera-
, acquieseo libellous matter contained in the Dispatch, in re- casion, that almost towards the end, if the jury would public opinion in regard to his political conduct, or to again To-day the Porte sends throu h Prince Calli-
ors of the spect of which lie last year obtained a verdict look at the article, there were these words-" His High-
to call on journalists to adopt precisely that language limachi a superb decoration in • •gn sto General
brains t
asylum and a considerable amount of damages. We give a cone ness has consequently but little reason to congratulate which they might think the occasion demanded relative cn • ~
angarmer.
tet nnulll eluding sentence or two from the article in question, on himself upon his more than questionable success on to one who certainly had strong and just claims -.......________
which the Duke strongly insisted as libellous:-" His Tuesday." Now the words he should next read had ou the sympathy of the public. It was the forbearing ITALY.
,nde to fon. Highness hai consequently but little reason to congrate- been omitted-" Especially seeing that the verdict is one conduct of those individuals to whom he alluded that The Giornale di R f
oma o the 12th contains in its
aid of th° late himself upon his more than ouestionable success on obtained through evidence so rotten and fraudulent as to led to their not appearing before a jury for damage sin re- official part an d f h
or er o t e day from the pro-Minis-
Tuesday, especially seeing that die verdict is one ob- promise its ultimate reversal." Now let the jury just ob- spect to the language used by the public journals, because ter f W
o ar on the new organization of the Pontifical
tained through evidence as rotten and fraudulent as serve the consequence of excluding that portion of thearticle they knew perfectly well that the position in which they H
to promise its ultimate reversal. Unless he may from the complaint of the Duke of Brunswick before were placed rendered them peculiarly objects of attack army. enceforward the Pontifical army is to be
PIIiPPS. be 7solicitous to proceed as upon a rather profit- you to-day, for if it had been inserted in the declare- and abuse. A city set on a high hill could not be hid. composed of a general staff, of a military intendance,
able speculation, in his attacks upon the liberty of tion, as he thought it ought, as there was no reason why They were placed out in buld relief on the face of so- a judicial council of war, a staff of engineers, a corps
.
am that 0 journalism, we would suggest to the Duke of Brunswick it should be excluded, it would have been competent for ciety by persons who had high and important functions to of engineers, three regiments of infantry, a battalion
Tavern 00 the propriety of withdrawing into his own natural and the defendant to have pleaded in justification that the perform, who had duties of equal extent and obligation of chasseurs, a regiment of Cavalry, one of artillery,
nal object' sinister obscurity." In the course of his address the Statute of Limitations was pleaded to that portion of the imposed upon them by the community• and the Duke four compauies of veterans, one of invalids, and a
Duke of Brunswick threw out an insinuation that the libel which related to the 19th of September, 1830-that of Brunswick sought an occasion to 'bring an action corps of armed police.
defendant had been actuated, in the transactions before there was a witness who did swear distinctly to having aeainst the proprietor of a newspaper for an artiele Count Boutenieff, E E
the Court, by a wish to extort money from the plaintiff purchased in the month of March, 1848, a copy of the nvoy- xtraordinary and Mi-
wiich merely assailed his public character, and had con- nister Pl ' t t.
empo en wry of the E
„cap. 32, ter in the shape of " hush money." par er which was printed and published in 1830, thereby tri„d, mperoe of Russia to
by means of evidence, the value of which had
e, 1850. The Duhe called as a witness one John Ryan, who giving Lee libel the effect of a republication. Now, he h H 1 '
t e oy S ,
ze returned from Rome on the 14th from
bten already alluded to, to obtain 500/. damages-most Naples,
described himself as " associated with theatricals and might have alleged on the part of the defendant that that
X• st tl• d d
ar ing an enormous amages under the circum- m. a.
• tneis,ll newspapers slightly," and was about to ask him what which was stated in the article was true. Indeed thev
e stances. He would, therefore, entreat them, for the eine uonservatore Costituzionale of the 14th, a
. .1,984,9° . interpetration ho put upon the article alleged to be li- could not hesitate for a moment at believing that it setei-official journal of Florence, admits that there
a 15,994.74! safety and protection of all persons who wielded the
. 203,95° bellous when would have been proved, for an application had been pen in the service of the public, to take carefully into has been an exchange of notes between the Piedmont-
___------s Lord' CampnEar., refused to allow such evidence to be made to the Court on that subject. their consideration the whole of the libel, and he had no ese and Tuscan Governments, on the probable effects
x 30,198,705 Riven, stating that the jury were capable of forming their The Duke of BRUNSWICK-You must prove that. doubt if they did so, that they would take the same view of the military convention between Austria and 'Lis-
a c ashier. own opinion upon the article in question. Sir F. THESIGER said his Highness need not be afraid '
of the case which he had endeavoured to present to them cany, but that the notes on either aide were con-
The Duke asked his Lordship to reserve the point, but he would prove it; and he should have proved that the -that p bl• bl.
.0 le men were pu ic property, and were objects ceived in the most friendly tone, and in acoordance
x. Lord CAMPBELL said emphatically-No, I will reserve verdict was obteined through evidence so rotten and ff• ' t d d t th rt fth •th th
o air, jus ,an k rong commen on epa o ose Ise e good understanding
e to such point; in my opinion it is clear law that such a fraudulent, as to promise its ultimate reversal. existing between the
d whose duty it was to keep the public mind alive with Governments of Piedmont and Tuscany
• 14,30,770 question should not be put. - The Duke of BRUNSWICK again protested against this respect to the conduct and proceedings of persons in the
.. 11.057,149 The alleged libel was then put in and read, and that mode of argument. In its sitting of the 15th, the S -% •
enate of Turin
eituation of the Duke of BrunSwick and who
. 10,738,695 Was the case for the plaintiff. Sir F. TIIESIGER insisted that he was clearly entitled , adopted the Stamp Duty Bill, which h d 1 d
a a rea y
, 743,512 were bound honestly and faitlifeliy and fear-
Sir F. TIIESIGER then addressed the jury for the de- to observe upon the omission of this portion of the article. passed the Chamber of Deputies by a majority
lessly to discharge that duty. If Mr. Harmer
Lord CAMPBELL said the Learned Counsel was en- of 43 to 8. The Minister of o•
fondant. He said it frequently happened that persons • , was to be considered as legally responsible 1 mance also
titled to assume sucn a case, to show the jury what would resented the Bill on the National Bank. On
Who appeared without assistance to conduct their own
have been the effect of it. for the article in • h la P
question, thee e wou
• • all on them to weieh candidly hut guardelly every part the same day the Chamber voted the Bill on
case in courts of justice were under some disadvantage, The Duke of BrunsWick said that would not contra- c : h
-----11 in having to contend against those who habitually and diet him, nor exp!ain the conduct of the defendant. uf that article, and only to award damages in the event the Customs' Duties by a majority of 111 to 12.
X 36,855.1. , of their thinking that,there had been some int mtion to According to a letter from Vienna, of the 14th,
.er cashier. professionally discharged that public duty. But he Sir F. TITESIGER. continued-Now, su poi
had a rieht to do that in a case of this d P ?ngas He assail the private chartieter of the Duke uncon- addressed to the cologne Gazette, the Minister of
thought the jury would be of opinion, after what he must I.b i l. d
,f
bi.. h d n escrhipticin , the
i e comp aine o was pu is e on t e 19t of Se nected with his political character, but even in the Interior had communicated to the " men of confi-
E. call the exhibition that day on the part of the Duke of
tember, 1830, and the ease was brought on for trial be
P. that case hey would o 1 • e such nominal dama es as
t . n y giv g dence" the constitution of the Lombardo-Venetian
am-frigst:e, Itrunwick, that at all events with reference to him no fore the jury in the year 1849-suppose the Statute ot -
.7, the law required under the circumsta •es But if the
nc • Y provinces. This constitution proposes that each pro-
ne into Ibli such disadvantage existed, but that, on the contrary, he Limitations had been pleadsd, and suppose, for the pur- tßhought the public and private character of the Duke of vince shall have a provincial Diet, consisting of two
se bas eaul. '
possessed and had availed himself of peculiar advan- poet) ot obviating the effect uf the Statute of Limitations, runswick were blended and mixed up together, .
cnambers, a Senate and a Chamber of Deputies, but
tea so i bl' • I' Id t 11
t let a pu lc eourna ist cou no we sopa-
rtly floe
lege', which placed him (Sir F. Thesigar), as the advo. false and perjured testimony had been produced in order th tth D• t hlt
a e less a have no legislative power, and
'or ward ler to prove a rechn . rate them in alluding to his political character
t publication-suppose those circum- a • . . ' strictl
cate for the defendant, in a difficult and embarrassing why then-though the language used might be serong Y confine themselves to local affairs. Each
stances-why, it the jury, under those circumstances, h •
ig for c;o112. position. The Duke of Brunswick was not un-
had been deceived into giving and awarding damages - f criticism
t e writer had not exceeded the fair limits o . Senate, it is added, is to consist of 28 members, of
accustomed to courts of justice, or uninstructed on a public character, and, therefore, under those cir- whoi 16
n are to be named by the Government.
in res ect of a publication of that description, namel
shortlf b/ in what he (Sir F. Thesiger) should call the arts of an
at theprecent period, instead of looking to the publicay, curastances, he submitted they could not award damages
,ew class 0' advocate; but he had, besides the natural and acquired
lion of the 19th September, 1830, Which would have against Mr. Harmer. SPORTING INTELLIGENCE.
ted for seer advantages which he possessed, the advice of the profes-
been excluded under the issue between the parties, mieht Mr. A. R. S. , . .
tee) the solicitor of the defendant, who GOODWOOD CUP WEIGHTS:
with other sional person who prepared for him the elaborate ad- p oved that the plaintiff had an action of libel pending
not pereons, and particularly public journalists, who •r ' , • • • • Age st lb. Age st. lb.
dress with which the Duke of Brunswick had introduced
were deeply interested in b -ine t, 1 •
e e pro ec.et against at. p • lose Collin wood
ugainst Mr. Young, the proprietor ot this journal, wl g ...... a 9 12 Mentes
wn in tills his case to the jury, and in which a variety of matters teeter he (Mr Steel) was iu respect of the same Chanticleer
tacks of thi,; description in courts of j st• b t ll •so - ' - ' - p
u ice, ena ura a 9 7 Knight of Gwynne 3 7 4
.) article for which he now bought damaees from the eep-o-day Boy 6 9 7 Nutsh 11
val of Ow. totally irrelevant, and assailing the characters of indivi- alarmed and naturally indignant at the perversion of en defend - ''' C - e
anezau
reral store' duals not before the Court, and who had no opportunity justice which had been accomplished by mean of that pre:lr t
you anit.
of defending theinselves, had been introduced in a man- description ? and were not some allowances to be made for h..
hng aso prey . _ .
..
ed that Mr. Harmer knew Osterley
nada good' ter calculated, to defeat the unprejudicial consideration those who wele smarting under a sense of injustice nnot ing w
aateever of
_othe article in qua.. o ,
t; n and had Ellerdale 6 9 3'officious
I 3 7 0
Of this case. Now, if he (Sir F. Thesiger) had had the
of this nature, and were they to be required to t of' the Cossack
othiug
Iwieb t
svierr t.yo d witd the manageelen _ r . 69 2' Windischgratz ... 36 13
1
:cupied 111 good fortune to have been opposed on the present occa- be particularly cautious and guarded' in the language paper. eo oun had been roprietor of the elthiron
( • 'd
of 14)
fi r 4 8 10,C by Gladiator-
now to 1;10 Sion by any one of his Learned Friends who which they apply to circumstances shell as tbat which pap rr a perm twenty- ve years. Borneo
I
were near him, they would have understood r- Justice
Lord CAMPBELL, in summing up the case to the ju y
.uss
Ann 5 8 6,King of Oude 36 13
he had just described. But ,it was alleeed by the
s yard. 0 ,
'ights, he/ what 'were the yule% they would have had Duke of Brunswick that Mr. Harmer, whom fie describes old this was an action against Mr. James Haemer for an ~.,"' ' ,
aturiz
141. per ow to adhere to, and would have known that as a worthy successor of Barnard Gregory, and whose alleged libel state Ito hare been inserted upon his au-
_ _______
the only question which the jury had then to decide
guilty soul was to be gratified by these attecks upou thority in 7'lle Sun newspaper on the 28th June, 1849.
would be whether the article in question was published
him (the Duke) took the opportni, after that verdict T • CRICKET.
hat article alleged to be libellous purported to be a
ie division!
bY the defendant, and whether, if published, it was a was pronounced of inserting this article against him TfIE GENTLEMEN OF THE SURREY CLUB ''
• night, Ws' . libel on, the plaintiff; and, out of respect and deference
for the express purpose of gratifying his malignity. cemmentary on a trial which took place in this court AND COUNTY v. THE PLAYERS OF SURREY. ,
• e ado° to the Court, and to the rules of proceeding on this on the 26th June, 1849, when an action was This grand and interesting annual match was cora-
1-rune, _, Now he would show the jury that Mr. Harmer had no
ssolution 11 Occasion, they would most carefully have abstained from more to do with this publication than one of themselves. tried, in which the Duke of Brunswick was pliantiff menced at the Oval, Kennington, on Thursday, and re-
'educing 't introducing that irrelevant matter, or anything wh•
ich
ietween tha Mr. Harmer had nothine whatever to do with it, nor and Mr. James Harmer was defendant, for certain sumed yesterday morning. The following is the score
. re- . wOuld improperly assail the characters ot• individuals
had he auythiug to do wiih the publication of the news- • up to last night:-
nent aas el
hot bi fore the Court. But the Duke of Brunswick, in libels alleged to have been published in a newspaper -
:emained 11,,,h paper in question, either directly or indirectly. He did TIIE G EN TLEMEN.
the prepared speech which he had read to the jury, the called the Weekly Dispatch, the principal of which up- First Innings. Second Innings.
vestry ''''' nut hiterlere at all with it; and therefore te attribute to
Xery appearunce of which showed it must have been the
the malignity of Mr. Harmer the publication which the fa
arte.i first on tee 19th September, 1830, which was A.Havgarth, Esq.,l) Bentley 10 b Taylor .....
le reeuit ef deliberation, besides attacking the characters of J. M.. Lee, Base h Taylor ... 35 c Taylor b Brockwell 16
. Constab
• I his family-the Royal Family-by. insinuations, had Duke had .poken of in such strong terms in which he nineteen years before the time of the trial. E. lleev Fl' h T 1 h' b Shearm' au
es, .sq., av or ... ..... 8
to Adnllol had chosen' to calumniate that b '
thought proper to use expressions with regard to the de- gentleman hy assuming Now, certainly, by the laws of England, it was N. Felix, Esq., c Heath, b
- ChehnsfoP him to be the author of the article in question wae
fendant, Mr. Harmer, which, considering that the Duke open to all persons to comment honestly und fairly on
wholly untrue and unjust. Mr. Harmer bad no so' rt if C.lgilitesdofteEsq c Cmsar, b
a Was before the Court complaining of a hal upon his per-
interest whatever in it, and had been no party to the in- the proceedings of courts of justice. It was alleged Shearman - ' 7 run out ..
discovere
sonal and not his political character, one would have
haVe sertion of that article. Them it might be said it would that the verdict against Cie Weekly Dispatch had been Hon. R. Grimston, b Taylor 25 c and b Shearman 3
t ssays ~70 thought he would have abstained from. The jury might,
be hard upon the Duke, who had fouad Mr. Harmer to be obtained by perjured testimony. He (Lord Campbell) W. Hammersley, Esq., b
iantity 01 ' ht ro er
Perhaps, remember that the Duke had thoug p p
ono of the registered proprietors of the newspaper, if thought the better course would have been , (I!frYn , . ..... 23 run out ... ...... .. 14
of to address them at some length on the subject of the
on the ground he had stated his claim was to be defeated. C. Lsrom, Lsq., b Taylor ... 10 b Shearmaa
lurcbase d, ettacks against him in the case of the newspapers called to abstain from an char eof that sort until
y g F. Dyer, Esq., c Crew, b
Why, undoubtedly, if Mr. Harmer had been registered a
, Mr. G°° tne proper period ceme for applying to the Brockwell 5
6 not out
fre°l the Era and the Satirist, and he had chosen to
as sole proprietor of this newspaper it would been very ,
down et G. Burnett, Esq., c Lockyer,
designate-and properly to designate them-as low Court of Queen s Bench to set the verdict asi .
*de
re late NY; different; but here was Mr. Murdo Young, who had b Taylor
.. 2 b Brockwell
if Bright°"' and blackguard publications. But, not content with
the actual and principal interest in the newspaper, The question, however, which he should leave to the
lie G. Yeates, Esq., not out 1 b Brockwell
oners of t e that, he had chosen to describe Mr. Harmer as a worthy who eves the registered proprietor, and who Was answer- jury was, whether they thought the article in question Byes, 7;lb, 2; wide, 4a 13 Bye- I- • leg byes,4;
11 be throw' successor of Mr. Barnard Gregory, who was the editor
able b law for the article in question-although he him- in 77 E '
le vetting Sun was a fair and honest commentary :„ a,
wide, 8 27
5.-Beighll's of the Satirist, and he had spoken of the guilty soul of
self miY ht not have written it-for its being inserted in - -
Alr. Harmer, which must have gloated upon the libels , g on what took place at the trial to which reference had
be' end calumnies which ,he had published against the . . N • h I • eff h s commenced an
tne newspaper. ay, te p atn i a
been made, or whether they thought it was unjustifiable 166 206
a dog, ,ft M Y h ld ve f r th•
action against r. oung, as e wou pro , o is THE PLATERS.
iddenly le plaintiff. Now, he (Sir F. Thesiger) would take the
very libel, and delivered a declaration against him in and libellous? The Duke of Brunswick had thrown First Innings. Second Innings.
bit of del liberty of saying that, supposing the Duke of Brunswick
the ease. Now, under these circumstances, how out some insinuation of Mr. Harmer, the defendant, J. Cxsar, b layer 9 c Dyer, b Hammersley 6
itt chants te had thought proper, in consequence of el libel of this de- being guilty of extortion, and wishing to receive F. Cihsar, c Dyer, b Reeves 0 b Felix
__ , on can the Duke call upon them to award da- 18
holding e A scription having been published against him, to apply to . " hush money." He (Lord Campbell) must say Brocevrell, c Dyer, b Reeves 7 not out
iund 08- e the Court of Queen's Bench, as he might, for a criminal MII ' 0t f l•la l
mages against r. - atelier in resp.c o a i e Call n B ett b Felix... 40 c Dyer, b Shearman
ine to which he was no more a tor no more privy, than that that was libellous on the part of the Duke of Bruns- y. c urn ,
this see tip information, in which application he would have the ad- pNar y, Heath, not out 67
•isit to ,ho
Vantage of offering his own oath in refutation of the an f - 1
y one o yourse ves. ow, un er t ese mecum-
d h ' . • wick, for there was not the slightest ground or pretence ahearman run out ..
red to hiliele. stances, he did triet that he should find himself success- for saying that there was any such wish or intention on H 1 14
charges preferred against him, if it had turned out that 'C
I .'
I' C - b Felix
ent ey, s o tson ble ix.„ 5 c mbar,
Seethe gene ful in defending this case, if not in point of law, at all the part of Mr. Harmer. It he bad belonged to that clo-
the Duke of Brunswick had maligned the character of x 9 b arnme
Lockyer, s Coltson', b Feli B rsley
!vice to 111,1"; events b h d' f h • - • h
y t e ver ict o t 0 jury, supposine t..ey were scription of persons he would have belonged to a descriP• Mortlock, c Coltson, b Ham-
Be aceoreed the individul against whom he was applying, if he had used
called upon to give one, and the smallness° of the da- tion of persons the most infamous in society, who mersley .... 5 not out... - • . s
ow" waggvf any such expressions as hhose which he had thought
wages which they would accord-because, if the de- sought to extort money from persons of a weak Holledge, Ibw, b Felix 0 cEsrom,b Hammersley 10
nishmeet proper deliberately to use against Mr. Harmer that day
- ' fendant was, as he should satisfy them, morally innocent and nervous temperament, by trading on their Taylor, b Felix
eel ne (Sir F. Thesiger) would venture to say that that
of any participation in the publication of this article, fears through means . characterised by wickedness Byes 12,.1 le 2, wide 16 29 Lb 1, w 1 2
The us- let on the part of the Duke of Brunswick would have -
and infamy. He believed that the legislation of late -
10,0 when the Duke of Brunswick thought proper to
18 given 0 deprived him of his right to the interposition of the
assail another individual than the one reall rbl years had had a tendency to put down thoie miscreants, Total.. ... .. ........ -.177 Total
y ia e,
en elaberaso Court in that way, and he would have been dismissed to
to obtain damages against him, for the identical and to add greatly to the respectability of the
r. Alderir os his ordinary remedy at law, either by indictment or by (Lord Campbell) RAILWAY RETURNS
article, he apprehended they would take care notwith- Pre" ne repeated there was net
the V 81.150 actiota Now, the Duke in this action was in the
standing he was the proper party' to be the slightest colour for saying that there was RAILWAY TRAFFIC.-The following are the Total Receipts of Ratt-
le A111.q1.0, f dams es
satire position with regard to tho question e . a
- brought within the letter of the law under any wish on the part of Mr. Harmer to obtain ways for the past week-that is to sa. up to the date to which the ,
nOtabillti t,
before the jury as he would have been under the ctrcum- respective returns are made, to 'y, 'th the receipts of the same
Bather vie
tertallll°s the Act Of Parliament, which was a matter for hush money, or to be guilty of extortion.. The Learned week in the previous year :-
d a Yil Siandes of an application such as that which he (Sir F.
his Lordship to decide, to observe that at all events he Judge then proceeded to read the whole of the article
sse Theeiger) bad suggested, and the question for the jury '"'"---r-,-
-.._. es -5.
stood before them in a totally different position from one, alleged to bo libellous, commenting upon it as he pro-
t to decide, as to the amount of damages, if any, which el m .
,
tea ° who, to gratify some private melignity, or some feeling ceeded. Adverting to the passage which stated the cir- nick Last aee e,":
;, da ae they were to award against the defendant, must necessa- NAME OF RAILWAY. week. :4).:'.;
r Will t of Isis own, had chosen. to assail an, ther in such an ar- cumstance of the Duke, along with other notable persons, nng
ame „eel tily and. properly be considerably influenced by the
ticle as this. Now, under these circumstances, he did having found an asylum in this country, his Lordship in se
ais, Wier seal
t course which the Duke had thought proper to
leir mo r,i not consider that it was necessary to detain the jury at said there was no libel
.in that; it only seated what was -- -• ..._.---.---
; EmPeifi,c'ed adopt on the present occasion; and he (Sir F. Thesiger)
any length by adverting to the different passages of this highly commendable to this kingdom, to which he and Jen 8 X Z
, embe• e thought he was entitled, by the way, to state that he c lberdeen .... .. .••••• ~
...... ...., 1,262 692
publication, of which the Duke ot Brunswick complains, all p.resent in court had the happiness to belong. 16
reg ' Amiens and Ilbulogne ,„.. •• „ .....,, 1,261 1,121
pest OP-nce claimed, on behalf of Mr. Harmer, their protection for
because they would naturally remark, that inasmuca as The jury would remember that a witness was called on 15 Belfast and Ballymena .......... •• • • 542 542
,e intiaecib the observations which the Duke had thought proper to
Mr. Harmer said he was morally innocent, iflegally guilty the part of the plaintiff to speak to the intepretation he 16 Birkenhead, Lancashire, and Cheshire 1,171 795
:test sear ilt direct against him at the very moment when he was 9 Bolton,Blackburn,Clitheroe andW.Y• 444 475
io JO of the publication, it would berather inconsistent perhaps would put upon the concluding sentence of the article in 16 Bristol and Exeter . ..... .;
.„, „„ , , 4,247 4,477
e to t taking his complaint, and urging at their hands da-
if he were to dwell at any length upon
the
(4/hot of question. In his (Lord Campbell's) opinion it was for 9 Caledonian._ ~ ~ „ ~.
..
.........., 6,248 6,063
akages against Mr. Harmer. But this case, he (Sir F•
il Ofe. this publication upon the character of the Duke of the jury, and not for any witness, to say what was the 16 Chester and 1101yhead,....., „„•• „ 3,262 1,750
No --e 0 Thesiger) was afraid, from the statements that had been 13 Dublin and Drogheda...-. •
btlgler f Brunswick, but still it was necessary that he should ad- meaning of that passage, for such a witeess could be
•ee srey blade to them. was not at present thoroughly understood;
dress a few remarks to them-and they should be but ain nu better situation to form a right opinion Is Dublin and Kingstown ... •• • 901 1,028
15 Dundee, Perth, and Aberdeen •• ••• • • • 586 496
wi, tO C and
they would naturally suppose, he thought, that they
very few-in ease er to the observations which had been upon the subject than the jury. He (Lord 15 East Ang1ian..........., „ ~,, „,, „ 780 632
age. „„4, *ere there to consider the effect of those articles in the
• roe- prepared for the Duke of Brunswick to present to them Campbell) confessed, if he had been reading 15 Ediaburgh and Glasgow ~,•„ „ „ „ 3,538 3,534
is P -the Weekly Dispatch, which had been read to them at such
with respect to the grounds upon which an action of this the last sentence in the article, it would never have en- 15 Edinburgh and Perth 2 279 2,119
ho held a Inngth by the Duke, and commented upon by him, and 16 Eastern Counties and North Eastern.. 16,0)7 15,620
aor kind according to his view ought to be decided by the law. tend into his mind that there was any such imputation 16 East Lancashire dd.._ „„ „ .... „ 3,153 3,141
Atop „lid that damages were to be awarded with reference to
Now the Duke of Brunswick, from his birth and contained in it as had been hinted at by the plaintiff. 16 Eastern Union .• . . „... •• .. •• 2,409 1,326
ion as 'coo those articles as well as to the article in the Evening Sun.
position. had become a public character, and had lyen lie (Lord Campbell) should have read it without having 15 Glasgow, Kilmarnock, and Ayr ...... 2,740 2,871
1 hand° it, They, without explanation, would naturally have 55 Gia.sgow and Greenock.. .......... „ 1,767 1,043
he ch.° , placed high above other • persons. He did not mean 'the slightest notion of any such imputation. If 9 Great Northern and E. L......... „ 3,313 , 2,037
t „id taken for granted from the statements made to them
to sny, because a person was so situated-because he such was the meaning of it, certainly it con-
fer tw' 'se 15 Great Southern and Western .......„ 4, m 27 3,596
deal' tthat that was the nature of the case on which they
re.l;,h
i ed as sovereign over a great number of subj ects-that tained o. very serious charge, and would require serious 16 Great Western, &c.......... „ „ „.., 20,007 18,601
'OA
4ad to form a judgment. Now that was the real ques-
any public j curnalist had any right to assail his private damages; but before they could award such damages the 16 Lancashire and Yorkshire.. ...... ..., 13,571 12,260
ell tion, and the mode in which that question must be legiti- 9 Lancaster amid Carlisle ..
tlell3 character, unconnected with his political capacity; but jury would be fully convinced in their own minds that 16 Leeds and Thirsk .... ..... ...., „ „ 920 227
gen ~ ine-
kately considered by them. It appeared from the ad-
he did maintain, and ale ays had maintained, the right of such was the meaning of the passage. His Lordship 16 Liverpool, Crosby, and Southport.... 208 217
110 °,21,.• ...,
kitted statements in the declaration that .the Duke of 15 Londonderry and Enniskillen.... ~ .. 142 110
hurBoB.•.;eq every public journal, on every • matter in which the said in conclusion, with strongly marked emphasis-
yorhehl al nrunswick bommenced an action against Mr. Harmer,
political and private character of an individual was " Gentlemen, you will take the paper into your hands, 1,6 London and North 'Western, &c, 45,321 44,528
Th°°l t,ll, e proprietor:of the Weekly Dispatch, for various alleged 1,, London and 81ackwa11.........•
)1; et, so mixed up and blended together, that his and you will say what is the fair meaning of the ben- 15 London and Brighton .• • ...... • •
COP
at° ' abets in that paper, one ot them-and he prayed the at- .
private character, aud acts done as a private man, re- fences charged as libels. I must again say that you can 16 London and South Western ........, 12,503 i 1,964
taution of the Jury to that-having appeared in the
fleeted on his public and political character, to fairly and ferm an opinion quite as well as I can on this sub- 16 manchester, Sheffield, and Lincolnshire 5,494 3,515
Doing° Columns of that newspaper so long ago E S the 19th Sep-
truthfully and honestly, assail the conduct of such a ieet, but I certainly never should have dreamt of 16 Midland, Bristol, and Birmingham 20,805 20,794
16 Midland Great Western (Irish)
46g1r, teraber, 1830, nineteen years before the time of the trial.
person so circumstanced-to express disapprobation of their intending any such imputation as has been hinted - monklaues .• •••••••.•••• • • • .• • • • • • • _ 727
I OM"' o 1 In that action, as it appeared, the statute of limitations
his conduct, if it be deserving ot• disapprobation, and to at by the plaintiff. With respect to the language 36 North British .• .• ••••••• • • • • • • •
cafriage°,
~SVEIB pleaded in respect of the alleged libel of the 19th used, it certainly is severe; and it is for you to say 15 Paris and Rouen. •••••••••••••• 6,43f 5,138
Of Ow do so in most unmeasured and strong terms it' necessary. 15 Rouen and llavre ••••••••••••••••,, 2,657 2,429
allieS "°eptember, 1830. It was necessary for the Duke to whether it can be considered as a fair and honest cern-
Now, with regard to the present libel, he would venture 16 Scottish Central ••••• • • • A .... ••
Prove the publication of that libel of the 19th Serer:ober
to say, that if carefully considered not ono word of it mentary upon the trial. -If you come to the conclusion 15 Scottish Midland •••••••• • • • . • • ~
ray' VSC/ ' lof the 16 Shrewsbury and Chester •• • 1,696 1,504
at Butter- Within six years; if he failed to do so the libe could be conetrued into any attack on the private cha- that it is not, then it will be for you to find a verdict for 16 Shropshire Union • • ... ....... -
19th September, 1830, was to be put aside entirely and the plaintiff, with such damages as you may think pro-
lich ran I) racter of the Duke of Brunswick unconnected with his 15 South Eastern and Branches
110 t to be taken into account by the jury in estimating give. But I must say, in justice to the defendant, 9 South Devon•• •• •• •• ••• •••• •• • 2,1f,9 1,792
and he had public and political character. They would recollect Per to
,coiled A% Fie amount of damages which they would award; and
that he came to this country as an exile from that the imputation which the plaintiff himself delibe- 15 Taff Vale ••••••••• • • • ' • " . • •
857 709
' To 001 't was reasonable and just diet it should be so. his native land ; he had been removed from his throne, rately cast on the defendant of being guilty of extortion, - Waterford and Limerick.- •••• ~
••• ___ , -
nfeci' , The Duke of BRUNSWICK (interrupting)-That is not aud of dealing in hush money, ought to go, in my mind,
vn a e ed. and he now alleged that the Royal Family of England 9 Whitehaven Junction ..• .• .• •• •• •• •• 19% 203
1 great, r- 1n issue zny Lord. . had endeavoured in every possible way to prevent his to diminish the amount of damages." 16 york and Newcastle .•••••• ••
Sir F'. TrIESIGER said, it appeared on the declaration, 16 York and North Midland .•• •• •
restoration to his kingdom, and to deprive him of the The jury after scarcely a minute's consultation gave a
vibratia, and lie was showing what was the nature
.of the action
property to which he was •I d I f verdict for the plaintiff-Damages, ONE SHILLING.
eatit a . t was per ectly ~.....-,------ens
--
taw' Which the jury bad to decide. The verdict was received with audible expressions of THE ARMY AND NAV Y.
the 11 re Th clear, therefore, from the feeling entertained by that
,e of few , Lord ClatrnEaa (to the Duke of Brunswick)-- e f.anily, with regard to the character and conduct of the applause throughout the crowded court. (From the United Service Gazette of this day.)
• dies. kiearnel Couneel is quite in order in what he says. Duke, that thev considered he had no claim on them in THE HOUSEHOLD BRIGADE DF CAVALRY.-The
e. 10
ev _tie
e •ur in. that
terune .4
01" Sir F. THESIGER resumed. Th j y h. I ' •
respect to t ere ation which existed between them. The following elegant impromptu, addressed by Regiments will move as follows on the Ist of July :-
ne.-- itetion . gave a verdict for 500/. damages. He (Sir F.
The Duke of Bareessveca. w d
as un erstood to object to M. Scribe to Count Rossi, has appeared in the Gazette des Ist Life Guards, from Windsor to P
Theaiger) ' would call their attention now
,to ti
he -egent's-park
aee the line of argument pursued by the Learned Counsel. Theatres,in an article which records the unprecedented suc• Barracks ; 2nd Life Guards, from Regent's park to
7Alrl°'. . Qthgr articles which were stated in the plaintiff'. de.: a-
Sir FREDERICK THESIGER continued-That was an cess of La Tenzpesta :-
5 a toll, tation In this action, which were published in the
xemplification of the difficulti • ' A MoNsIEUR LE COMTE ROSSI. Hyde-park Barracks ; and the. Royal Horse Guards
kV° es in which an advocate (Blue), from Hyde-park to Windsor.
'hirs ,s 0
Weekly Dispatch ; and he would venture confidently to
ewes sometimes placed. If • " C'est toi seul qui pouvais enchainer dans son vol
any of his Learned Friends
auy got ad
%tart that if those articles e f the date of 1847 and 1848 Cc Rossignol divin qui nous charme a l'entendre SIR JOHN FRANKLIN.-It is said that letters have
j,,s greUri • had appeared as counsel for the plain •
talf they would
-- - ea., Ilad been the only articles of which complaint had been
have übsteined from making any reference t h b Car de tout temps Rossi, chacun doit le comprendre, been seen from the... Herald and Plover, but they do
o t
.e su - Fut la moitie de Rossignol.
cool, ' ll'ulett ainatMallarmer on thatoccasion,thatthose would . ,
li g dth 4 1 (S. F '''h •
yet, an ere ore ie ir . 1 esiger) would, in that not contain any accounts of the missing expedition.
. eve been perfectly justifiable, and fhir, and legitimate EUGENE SCRIBE."
case, have had no right to make the observations which h Major-General Brown, the Adjutant-General, will,
/voter) criticisms on the public conduct of the Duke of Bruns• •th IA • tth C t• hthD k f eOf course it is impossible really to translate this, ah the ;,, ;s .. ,
%.- of el. was en ac ..ressing 0 0 our , ut e u ao. Bruns- Calembourg will not be torn from the language, which is its •" ' sitica succeed to a regiment, consequent on the
Viod° I,l'OE, and that no jury would for one moment ever have • 1
gra
. amt of giving a verdict against a journalist in respect we e had thought proper to introduce irrevelant matters native soil, but a semi-Gallic attempt may be admissible.
in order to make out a stronger case for compensation "Thou in her flight could'st fetter-then alone,- death of Sir John Buchan. Other rumours, how-
ever, give the vacant corps to Sir J. Reynett.
- .°1 artiCles of that description. But with regard to the •n respect of the preseut libel, and would have all the That nightingale which charms the inmost soul;
'raffle fd SINDE PRIZE MONEY.-The rolls of the un-
. Tiger %MOO of the 19th of September, 1830, there were un- 1 - b-d• -d f h
advantage to a elm rom suc matters, and yet Rossi has ever been-to all 'tis known- claimed shares which have been received at the East
Dna :,-ili. Inestio e ably charges there which not only assailed the
ould deprtve him of an opportunity of entering into an The half of Roesignol."
eats, - Public but the rivate character of the Duk w tion of the circumstances on which he so relied. Haliaty having requested the great basso's autographs for his ,
• India House are those belonging to the 22d and 28th
of Brunswick, an% with regard, the f te explana l
Per th h d d I '
re ore' o The Learned Counse ten a verte to t.e different album, Lablache immediately wrote the following:- Regiments.
ntlY op, bs'i_at portion of the complaint which the Duke f the libel most relied upon by the plaintiff, "Quante dalle altre varia Colonel Rice Jones, of the Royal Engineers, has
of 1-•° li -1114 e. 'supposing the jury were calle&.oa to '
• give passages o D' Aldvy la Tempesta; been appointed to the Staff at Gibraltar, vice Colonel
' bite d d contended that they applied wholly and entirely to
)ni a OA' ,I"ZialeS, and were entitled to give damages as for a au d Quelle van piover graudine, Harding.
!eon, no
'yew:lt ,b'• 'n of that libel, and for en injury which
~,e pt. .icano. the political an net to the private character of the Oro fa pioverquesta.
half. 'pee Duke If therefore, he hed been expelled from L. LABLACIIE." Captain G. Augustus Jocelyn M'Clintock of the
'4
recent circulation of that libel was calculated to have • •
_ ineae , • d a public journalist considered
, his throne, an " The thunders of Haldvy are 52d Regiment, has been appointed Aide-de-Camp to
' and "P. Oil the re t. t* nof the Duke most unquestionably the
e eae__ . pu a io.
' d . ' that such expullion resolted from the proceedings of his From other tempests different far- Major-General Sir William Warre, vice Black, who
. re bound to gtve damages, and perhaps amages to the
414 teat t • h bat •
o which tey went on t occasion, u is
B t th• outraged and insulted subjects, he had a right to desig- 4 . Hail only threaeens us frem those : has accepted. the situation of Military Secretary to
' From hie the
nate the Dalt° of BrunswielCas a political criminal; and gold in torrent flows.' Lieut.-General Sir J. F. Fitzgerald, at Barbadoes.

THE ARMY AND NAVY.
(From the United Service Gazette of this day.)
THE HOUSEHOLD BRIGADE OF CAVALRY.—The
Regiments will move as follows on the Ist of July :
Ist Life Guards, from Windsor to Regent's-park
Barracks ; 2nd Life Guards, from Regent's park to
Hyde-park Barracks ; and the Royal Horse Guards
Windsor.
SIR from Hyde-park to
SIR JOHN FRANKLIN.— lt is said that letters have
been seen from the',Herald and Plover, but they do
not contain any accounts of the missing expedition.
Major-General Brown, the Adjutant-General, will,
it is said, succeed to a regiment, consequent on the
death of Sir John Buchan. Other rumours, how-
ever, give the vacant corps to Sir J. Reynett.
SINDE PRIZE MONEY.--The rolls of the un-
claimed shares which have been received at the East
India House are those belonging to the 22d and 28th
Regiments.
Colonel Rice Jones, of the Royal Engineers, has
been appointed to the Staff at Gibraltar, vice Colonel
Harding.
Captain G. Augustus Jocelyn M'Clintock of the
52d Regiment, has been appointed Aide-de-Camp to
Major-General Sir Wiliam Warre, vice Black, who
has accepted_ the situation of Military Secretary to
Lieut.-General Sir J. P. Fitzgerald, at Barbadoes.

SATITRDA 17 EVENING,