The Sun.
London, England, 1826-11-27 00:00:00

LAW INTELLIGENCL

COURT OF MSG% BENCH, SATURDAY, Nov. 25,
CRIMINAL INFORMATION.
THE KING 11. MitiCOMPE.

Mr. SCARLETT moved for, a, rule smiling on the defend-
ant, a bookseller and publisher, to show cause why a
criminal information should not be fain" against hiM for
having published several &Ise' scandalous,. and Malielons
libels, of and concerning Madame Vestris. The libels
complained of were. contained in a work, entii.led " The
Adventures, Public and Private,. of Madame Vestris, for-
merly of the Theatre Royal San Carlos, at Naples, to per,
formed
chbotthh beiee
br ee
san bend
hadahpi p
eartehe
d,
after Curtain.
the ezialinpre work.
in
another work of a similar description, was published 'in
numbers, and for the purpose of obtaining notoriety and
currency it introduced the names of some of the most cele-
brated persons in this country, coupled with libels of
the-
grossesteuri d
.almt
ey
professedestris, teoolguimve,ziinguelol:oi;tliiitrioesf
the
birth at Naples, her being pieced under the care of the,
superintendant of the convent of St: Margueritta, the ir-
regularities she was there guilty of, and her appearance at,
the Theatre of Sun Carlos in the year 1801. When the
first and second ambers of it appeared, the solicitor of
Madame Vestris' with a view'to put a stop to their publi-
cation, addressed a 'caCt to the defendant, in which be
stated, that if any more nimbers Should be brought forth,
an action would immediately be commenced, iigtor,st
for the libels already published ; but, notwithstanding
this notice, succeeding numbers, teS`twing with similar
libels, continued to appear. In order !'•p render the
narrative more interesting, a pedigree of th.is celebratec!
actress was St forth, which, together with the Zetmlit,rn
f
certain disgraceful transactions in which it Ving alleged she
had been concerned, were entirely false, end without .. hc'
slightest foundation: The learned counsel stated that b&
should not disgust the Court by entering into the detailS'of
these libels, but should Online himself: to reading the
positive contradiction that had been 'given to them by the
affidavits of 'Madame Vestris and her mother, Maclaine
Bartoloizi. In the first place, Madame Vestris, by her
affidaVit, stated, that she was born in, London, and caucused
in England, and had never been at Naples, and, that her
first appearance on any stage was as principal singer at the
King's Theatre in the year 1815. In one of the numbers
the defendant stated, that there was a person known ,IsY
the name of " Dick Wilson," who, by gambling, had suc-
ceeded in amassing considerable sums Ot money, and that
an intimacy had subsisted between him and Madame
Vestris, and that he was after Wards " fotind dead floating
on the Thames." Madame Vestris by her affidavit denied,
in the most distinct terms, that she had ever been
,ac-
quainted with such a person, or had any connexirm with
him. It was also positively denied by Madame ,Bartolozzi,
that she had ever sold, or contracted to sell, to Lord
Petersham Ore Learned Comisel begged pardon for Men-
tioning names) her second daughter' "Josephine," or that,
since the death of her husband, she had been intermarried,
or been living with a person of the name of Burke. The
Learned Counsel then proceeded to read the affidavitg of
Madame Vestris, denying'that in the year 1804 she had ap-
peared as a " figurante at the Theatre Royal of San Carlos,
nt Naples," or at Salerno, with " Mr. Spencer Smith."
That she never was on board' his Majesty's ship name
at Palermo; that she never "paraded the streets of Naples
I in the dress of a midshipman with Captain Owen,"
or that she ever played at. the game of " bunt the
I barber," or
,witnessed that game on board the Theseus or
any other ship. To give full effect to his libels, the de-
fendant, :in his work, described with minuteness the way
in which this indecent game was represented to be played.
He (Mr. Scarlett) would not offend the Court by the tie-
tails ; it was sufficient to say that the principal performers
in the game were stated to be the naked seamen. The
Learned Counsel then continued to read the affidavit of
MadaMe Vestris, stating that she had never been' ac-
quainted with Lord Nelson, or countenanced a report that
she
.had been kept by him. She never represented 'that
she had any knowledge of the Duchess of Devonshire.
She never quitted England with her husband for the pur-
pose of defrauding her creditors, and the only foreign
theatre at which she had ever performed was in Paris, ac-
cording to an engageMent made by him. She denied
ever having had any intercourse with his Majesty when
Prince of Wales; and, in fact, she was not aware that his
Majesty had ever honoured her with any notice, except
of a,public nature ; and further, that she never had known
Lieutenant. Colonel Garth, and never was at Minorca in
her life. Madame Vestris admitted that she was .ac-
quainted with Captain Best, to whom 'she hurl been intro•
duced, but in the most positive and direct terms she denied
ever having lived with him in the house No. 32, Brydges-
street, Covent-garden, or that she had ever accompanied
him, or any other person, to the Fountain, or to Man-
chester, or ever had any criminal intercourse with him or
any other person at the Wheatsheaf, Manchester, or that
he had ever slept in the same bed with her ; and further,
that she had never been refused a benefit at the King's
Theatre. She never was intimate With General Sebas-
tian', or any of the Marshals of Bonaparte, or with the
French Guards.

Mr. Justice BAYLEV—Does the affidavit state that the
lihels refer to her ?

Mr. SCARLETT.--Yes my Lord, they mention her in
direct terms; and he (Mr.i Scnrlett) should not troubla th*
Court any further than to state, that Madame Vestris, in
the most positive foamier, denied all the (+urges contained
in those libels which imputed to her reproach or dishonour.

Mr. Justice 134:faxv:—Does your affidavits sufficiently
bring home the publication of the libels to the defendant ?
Mr. SCARLETT.---Yes, my Lord; they wore bought at
his shop. _ _

R(l‘Tlurol:ejnigualakTieleteethdßeack:coaLserrl*niFogr'llitsiknetelyho'guirbl7l:ll subjoin the affi-
davitisalutthle,nrahtte
father of deponent did not at any tiro; m
rttnot
aielnk:e;beuers'elpt'llolifite 11::erice:niste:ryi knowledge
Itfedohreghnenir:::::ll:liate:fre'.
silge:esillijoarnt tddotet:a:ylfadiste.l:l:f dirr
that
Ithe reaativicerEtolfglati,
deponentan
said libel is stated ; but, on the contrary thereof, lived principally
ddidlanndot alitveNanaPd 'dgie nAt 'Nftalt,le:l,l7ssB9:;lttlitde
in England for the last forty years befiwe Ins death, which De,
starred about four years since.
" Saith, that Madame Ilartolossi, the mother of deponent,
came to England when she was six plies of age, and is still re-
siding in this country, and that ehe did riot at any tires support
herself as in said libel is stated, or receive any'pension from the
Casa del Monte, or any other institution whatsoever; that dis
cord never did at any tines rage betwixt her (dirnient) and her
said mother; nor bad she (deponent) at any time neglected her
said mother ; but that, on the contrary thereof, there has elm) t
existed between her (deponent) and her ttaid mother the greatest
affection and regard; that said mother of deponent never mar-
rim a seond husband of the name of Burke, or of any other
name' but that her said mother has always hitherto been, from
destsh of her late husband, (the father of deponent), and still
is, unmarried; that her said mother never bartered with, L.ord
Agendum, or with any other person whatsoever, to disposes of
her chilli, Josephine, the sister of deponent, as in said libels it
stated.

with, that the deponent was not horn At NAPI4I4 in 4 0""t-
-ed under the N tiperior of the Convent of Santa itiargarotts, on the
hill of St. Elmo; but that the deponent was bore in London, slid
educated in England; and never ha* Want .ditriag srly Period or