The Sun.
London, England, 1850-11-02 00:00:00

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QUEEN'S BENCH.--(THIS DAY.)
(B3foro Lord Chid Justice CAMPBELL, Mr. Justice
COLERIDGE, Mr. Justice WIGHT3IAN, and Mr. Justice
EttLE.)

THE DUKE OF BRUNSWICK V. HARMER.
Id this case, which was tried at the sittings after las
Trinity Term, at Westminster, before Lord Campbel
mud a special jury, the jury awarded a shilling damages
to the 'plaintiff for an alleged libel, which appeared in this
journal about a year ago. The circumstances of the
case wiii be fresh in the recollection of car readers.
The- Duke of Brunswick applied to the Court in per-
son, this morning, for a rule, calling upon the defendant
to -thaw cause why the verdict should not be set aside
and anew trial had. The grounds on which his High-
nun hive.' this applicatifen, sa divulged in a long discur-
siv statement, which he addressed to the Court were,
fir;t,'' the insufficieney- of the damages, which,
he contended, ;,were wholly inadequate for such a
libel; secondly, misdirection by the Learned Judge who
Vied the case; thirdly, an improper permission given to
the defendant's ccanssl to read a certain paragraph in
tee alleged libel, which was not in issue; and fourthly,
the rejection of a witness called by the plaintiff.'
Mr. Justice COLERIDGE said he was of opinion that
there' ought to be not nib grantHl in this case.
Sad 14tened With' some attention to the
sta.teatCrit addressed the plaintiff to the Court, and he
hael had seize difficultyis understaadieg the grournis on
wbi„:h - the applicatio; )v, s, so cs,ll.,:e4thi, boa.-
ever, that these grounde • were fleet the rsjecan OZ• a
witness called for a certain purpose, and secondly, per.
raassiemegiven to th-e counsel on the part of the defen-
dant to read a certain paragraph which had now been
stated to the Court. With regard to the last of those
grounds, it appeared that an objection had "Rea taken
by the plaihtiff to the paragraph in qaestion being read,
ly7csi4Se the rrnttc-r etyr.taineti in it arms not in issue. The
defendant said that it was on tit':. record ; and if that was
se,..bisc,:;un4el had a perf2cf, to make what use he liked
of if. It was e'aber en, or it was not on the record. It
appeared at the trial to Itavo been taken ou the state-
ra;'nt of t.a'eounsel as leicg on the record; and there-
fore .the, Latarnsd Judge conA only deal with it se.
Wlith regard to the rejection of the evidence it was
stated ist Lida way-5 passage, to which the atteati )n of
the Gnat bad been called, recomtnended the plaintiff, in
terra'', unless he was ii.libitous of notoriety, "to with-
titem into his own natural and sinister obscurity," the
word natural being put iditalicen The plaintiff proposed
to call a witness for thp purpose of stating what
in hie opinion was- the . meaning to be at:ached
to the word " natural" so used in that sen-
tence, ha!, the Learned Jade.) refused to allow the
evidence to be given; and in his (Ir. Justice Cole-
ri4ge4) opinion, the ..earned Judge did perfectly right,
beCause it was a thing for the jury, on a consideration of
all the circumstances -and the evidence in the case, to
determine whether it~ had its natural meaning,
or that some other was 'to .he attached to it. On
those grounds, stated 'thus shortly, there seemed
to him to be no foundation for granting
this rule. It was naldrnl'eneugh for the Learned Judge
who tried the case, anal hoe was perfectly at liberty to
gine such assistance to the jury as he thought proper on
any part of the case, leayitg it, however, to them al-
ways to draw their wars inference.
Mr. Justice Wrnerrideser and Mr. Justice ERLE both
said they were entirely of the same opinion.
-Lord CAMPBELL said, ha retained the same opinion
that ha expressed at the trial of this case. It was for the
jiwy to say what was the meaning of the passage in ques-
tibP, : and they were not to be influenced in such a
case by the stattmeat of any witness that might he
cal'ecl. The plaintiff heel said that he (Lord Campbell)
intimated an opinion as to what was the just meaning
of the sentence that had been referred to. He
(Lord Campbell) stated to the jury that he himself should
have read that paragraph without at all putting the
cpstrue!ion upon it that the plaintiff contended for;
bat he (Local Campbell) :t in the most express terms
feet it was for the jury to say what Wils the proper mean-
ing to be put upon it. With regard to the amount of da-
mages, it was for the jury to say in what. respect the plain-
tiff had suffered,and whether they believed he had brought
his action for the purpose of justifying his character, or
merely fa the sake of notoriety or vexation. He (Lord
Campbell) concurred with the rest of tho Court that
there ought to be no rule.
Rule refused accordingly.

BEVERLEY MITNICIVAL ELECTION.
The Tories durst now show fight—six Liberals are
elected without opposition. The council now consists of
twenty-one Liberals, two Tories, and one nondescript.
The three latter will be relieved from their arduous
tlutigs next year.

SPAIN.
The Governor cf Cadiz, who some time since ar-
rested Lieutenant Rainer, an Admiralty agent belong- '
ing to a Peninsular mail packet, has been dismissed
by the Spanish autberitieS, and the particulars of his
misconduct entered on the archives of Cadiz as a
warning to future governers. The captain of the
ship who fired at the' Thiria, another Peninsular mail
pacliet, a few months age, has been discovered. He
turns out to be the master of a trader to a garia costa.
His excuse for ,his co,piluct to the Spanish authorities
is ludicrous from its impudence and ignorance. The
principal reasons for his firing were that he fancied
that the laeria,Was! performing very suspicious ing.=
nceuvres, that one of his lookout men thought he dis-
covered: R number of suspicious-looking bates!of tner;•
chandiie: en the deck' Of the Iberia, and. also that he
had hnri,that a numher of vessels had left the port(?)
,Of :Atinehester wi.tli'&4'clean tilts of health.'

.4ENIVIARTet 'AXD THE DUCHIES
The following is eipepy of. a dispatch from Lreut.-
•. General Von Radowitzi. Prllssfait Alinister of "
Fo-
Affairs, to thri.,Rdgency at Kiel, date°. Berlin
'Oct. 23., 1850 , •
t‘ The sincere and lively interest which his Majesty's_
3 'Government necessarily' take, add have uniformly taken,
in the:welfare of a. fettel _province so near to them as
L'llorStein, renders it •their duty at the present moment,
the -gravity snit important tendencies of which will not
be denied by the Regency, to. address an earnest and
friendly counsel to,that..hody,, with a view to press
upon their notice theconsiderations which regard to that
welfare imperatively demands.- They have, therefore,
t•iitrusted• the delivekt '• of this. note to Major-General:'
,von Hahn, who is also.histructel to give the Regency
"'•ittifyi(;xplanations they may wish.
" The position which his. Majesty's Government have
isssunici since the-COCehattion of the-treaty of the 2nd
,July thin year.; ltot be.•misuaderstood.by the.
Regency. •' • -.•, _
Though his Majesty?a Government deeply regret.
the renewal of bloodshed, and though they have never
.Incased roaaim-tvt the, restoration of a right understand-
ing and peaceful state of, affairs, by. all means in their
power, they have beeribbliged- to wait for the adoptiOn.,
of decisive ;measures ,by.. the Germanic. Confederatioa,
to which the power.toitaite them was reserved by the
treaty of July 2,-..whieh; according to the fouFth
,1 has alone a right to ratify the treaty. .
" This has new4beentdone by almost all thee
members
of the Confederation:'4o that, the treaty. may! be. :copal.-
d red as ratified by,the Confederation.
" The whole affair hes thus been brought to
.o new
and in fact ap-decLise.prit, and., his Majesty's Govern 7
went feel eor4lent;.that Ryiency will recognise the
~importanee of this Clicurnstanee, and not conceal from
~ : itself the respect which it, as'An institution constituted
an. lie,narne of the „Confederation, owes to the authority
now represented by the aggregate GovernMents..
' Th,is aggregate of the Governments, or, in other
words, the Confederation itself, has by the ratification Ot
She tteaty Jilly-2,. not only re-established the pea&
with D•inrearic, but declared that the decision of the
Holstein .affair now.reats with the Confederation.
" There can be no doubt that his Majesty the King Of'
lleamarkt-vilthilfii. ih.e stipulations of the tourth artiele;'
and there is equally little doubt that the treaty having'
been ratified, the Confederation will act in conformity.to
thOSe-atipulations, and-that for this purpose the Confe-
'''deration must find-OidiatiOtent organ.
".Frussia, holding it 'to be the duty of every member -
of the Confederation to • co-operate in- the appointment
of Such an organ, has offered itsnssistance. To this end
it has addressed both to Vienna and Copenhagen the
proposal tti appoint a;apecial commission of all. the Ger-
- men Governments, and awaits the answers of these Go-.
verltzneuts, But in whatev r.nannuer, ar wlaatev,pr forte(
the treaftinent Of this affair in conformity with. the
principles of the Coufederation may be brought about,
this is certain, :that it--raust.ha decided by the COl-
federation, sad that the moment for deciding it is net Tar
distant.
. "Is is unq.nestior,ably the dirty of :11 reCMhers of the
tO itit.ecision,, es sfiOn tv.; it is
•,...an-a,:uuct,4 by a cOnipetout or-gtu autheriscd by 011440
• Governments. ..!, , •
:44n:tare-. for this rlewsion, which racy
.he ezpected-
immedkitely, anti for-the dctermination of all the mem-