The Sun.
London, England, 1826-12-22 00:00:00

Counsel the Milt opportunity of arguing the question in the
Court of CoMmon Pleas ; but if such evidence were to be allowed
in this way, no man could, with safety, attempt
,to defend hie cha-
racter, for when be came to. Court to try one question, he might
he nnexpectedly met by another. . • • .
Mr. Sergeant 'Wank feared, that if suchwee ,his Lordship's
derision, he should be obliged to condole with his Learned Brother.
Supposing that every word published had actually taken place at
Bow-street, still, acc)r4itl to his ,Lordship'a decision, that was no
answer to the aetion—it %vas useless to put it upon the record, at
e it was a nullity., ,He did; not mean to bey that publishing the prte.
ceedinga at Police Offices was strictly right ; but he did says, that
it was doing that which the world in general thought conferred
great public benefit ; mild yet a defendant coidd not plead hie
truth, his impartiality, in mitigation nf. damagee.., The Learned
Coonsel for the plaintiff .said, that great benefit was derived from
the publication of the proceedings in our superior Conde. But were
the proceedings in our Courts of Law of more general Pehlke:ins-
portance—wae a greeternumber of persons interested in er affected
by them, than by the -proceedings
,in our Police OffiCee He
believed it would he fount), that the proceedings at Police'llffii•es,
and the inquiries Logi discoveries to which they led, were of
greater public importance, :and their publication of greater
public benefit; than the. general 'husinese of our superior Courts.
The true reason why this action was brought was this—the plain-
tiff knew that the defendant would not be allowed to prove his
statement. As to the terms " Predawn and Lockitt," he would
venture' to eay, that not one in a hundred of Mr. Harris's cue.
Comers knew what they meant ; they would imagine them to have
reference to some locket which had been pledged. He (Mr. Ser-
geant Wilde) was aware that it was the opinion of the :fudges,
that the publicatiennf police reports was produetive of harm to
the public. I,Vbett arguing upon points of law before the Court,
it was alike his duty and his inclination to bow to its decision ;
but, when: addressing a jury, he felt, with deference to the
Bench, that he had a right to state his awn opinions upon
such a riot as that. lie thought that though, in point
of law, tanks were not justified in publishing such reports,
still they were productive of great public benefit ; and lie
appealed to the fury, as men conversant with the world
and the every-day affairs of life, whether, in their opinion,
such Was siot.the fact? He trusted, thereke, that in esti-
mating the quantum of damages to which the plaintiff was en-
titled, they would not allow themselves to be influeneed ;by the
impremiim that the publication of Police Reports was injurious,
anti ought to" he' repreved. lie knew that'a verdict mug pass
for the plaintiff but hating et all the facts of the case, and
taking into eonaideretirin that the plaintiff had offered to free him-
self Irma the charge of malice, by showing that what be stated
had eeedrred, he trusted that the smallest sum would be found
suffit:ient to satisfy the justice of the case.
The Cathay Junlcz could not agree in the opinions expressed
by his Learned Brother, as to the policy of publishing Police Re-
ports; and he we; surprised to hear that Learned Goldman, who
had been so !Ong acquainted with the administration of justice,
express an opinion that the publication of such reports had been
ever attended with any but bad consequences. His Learned Bro-
ther had told the fury, that the majority of the public were of the
sane opinion with himielf upon this subject. They hid no mode
of polling or otherwise ascertaining the feeling of that many-
headed creature, the Public. His (the Chief Justice's) own opi-
nion, after forty yeats experience, was, that there never was any
thing more mischievous, more degrading to the publie Press, than
the publication of every disgusting vice and depravity exposed
at our Pollee Offices. the public papers, instead of conveying
useful anti pleasing intimation, were made the vehicles of
conveying to the innocent and the unwary a knowledge of
every trick, of every disgusting exhibition to be found amongst tLe
lowest and the worst portion of society. But the evil did not rest
force—the unfortunate parties who were examined preparatory to
tuck being mut before another tribune!, had a strong prejudice
ereated'againat them in the public mind. 'Souse persons had as-
sorted, that jurymen might read such statements without preju-
dice to the interests of the parties to be tried. That Jurymen
roust have great confidence in the strength of his own mind, if he
thought he could withdraw hie mind front the consideration of ark
ex-parte statement, end go without prejudice to the consideration
Of the case of which it formed a part. 4e said, that the publica-
tinn of such statements was moot dangerous. But if the fawned
feergeant thought otherwise—..if he thought such publications
productive of public benefitrathen let himipply to the Legisla-
ture, and call upon .them to alter tine law upon the subject. He
said that the publication in this cow was an offence ; and he said
of the more readily, because he had been long and intimately ac.
quaimed with the worthy Magistrate (Mr, Mituditill), whose
name was introduced' into it. Ile regretted that diet Honourable
Castleman shout& tallow, timing tunic ca-parts statements, the
pliareritif Of July, persens who gave them to the paddle. . bad
been decided by tine Judges that the publication Of a Police Report
was an indietabje /*nee ;, but there wee further authority in sup-
'part of that deeition, Ile form of the oath proposed to our Grand
Jury, and which, no doubt, several of the present Jury had taken,
showed the opinion 'of our rations of seemly previous to
The,King's counsel, your fellowii, and your own, you shall
truly keep," masa leading part of the form of, that oath ; but it
would be ridiculous to propose such an oath in future,
if every fact which could come before a Grand Jury was
to be . anticipated by a pUhliealtipri of the police statement,
upon which the commitment wuntefft pot. He felt no hesita-
tion in saying, that it was altogether illegal to publish any ex-
parte statement taken helms. a Magistrate, He knew nothing of the
plaintiff, or of his haaioem, save A•rool the atatenstaits of Counsel;
from throe he *rued that he was a tradesman, carrying on
business* the Strand. It appaared that what had been said of
him was initiate, and whether the proceedings detailed in the news-
paper did or did not take place at Bow-stireet, was matter of no
consequence, the culpability of the defendant was the wane in the
present case. The Learned kiargeant urged, in defence of his
client, that he was not actuated by malice in publishing this state-
most. It might be true that the tlefew4nt was not actuated by
malice—by that bitternese of mind which, was usually meant by
that expression. But it this Editor, Ito the purpose of invica-
sing the sale of his Paper, pandered to the.base and degraded ap-
petites of those who delighted in the gromest and the most wicked
waternenta, and put the profits thereof into his pocket, theO lie
was actuated by that which the law cousidered malice. Whether
such was the cam in the present instance, the July mathd decide
by the amount of damages which they awarded to the plaintiff.
The Jury proceeded to consider their verdict, at ten minutes to
five o'clock.—At five o'clock they retired, and
The Otter Jusrrtee. esker( Counsel if they would consent to
have dui:ye:diet taken by tine Officer ofthe Court, as he was about
to retire? Both counsel mounted.
But as his Lordship was about to Imo the court, Mr. Serjeaut
VAttonsatN expresseal a hope, tint he would certify this tu'be's
proper cause for a Spesia,/ jury,
The Cum, Jarrims- said he would tala• mail to-morrow to
consider of it.
At a quarter pad five the Jury returned into court, and gave a
verdict for the Plaintiff—damages 100?.
Mr: *Elias Isaacs was Attorney fur the Pleintilf, and Mr. Hel-
d/11,3;a the Defendant.

.PORTING INTELLIGENCE.

TATTERSAI

tl.
notice neettirol yesterday ; but
ig of the toot'u was dull, be(fame
Le following adds
utlif.

Nothing worthy of particular
the betting, which at the openly
very tsritik tovqrchr evening, at t

30 to I apt Gauntlin*
SO to t agst rrtireollian
130 to 1 apt Lord Ailisi;tity
SO kr f apt Eliza Teazle
40 to 1 agst Antar
40 to I agst Cressida"
40 to I agst Snowdrop"
40 to 1 agst Chieftain
to l agst Cat
4000 to 10 apt Hildebrand
(taken 5 tittles,)

10 to I agat 'rola
103 to 1 apt Wehl,
1$ to I atilt fttpagtiolle
20 to 1 .agat Catlievole
20 to I apt Eitria
to.l ag!t Trompeter*
21 to 1 agst Gustavus*
21. to 1 apt Dauntless*
21 to I tigat Mirada**
SO to 1 apt Augusta
so to 1 'apt Dahlia
1W to I apt Metre
to 600 Tatlar v. Wab (talteil Nay)
10 to 1 apt Mr. Nrytulhamsalot.*

UAXB.

11 to 2 apt Maria m 20 to 1 ago Unary
la to 1 opt Tottschlge 40 to apt Illicia44" •
la to I apt 13rowii Ditchers 40 to 1 art Mirth*
16 to apt Souvenir 1000 to jf) apt Recruit.
18 to 1 Kist Tranolation 1000 to 15 apt Aild) •
500 to 400 Brown Dueller§ agst

sT. 1 rora.
fib to 1 apt Matilda* 1 to I apt hfoonehine.
11 in lon the field 40 to 1 apt Cal. SYke''''
Nothing *lee mentioned.
novo marked this ('') were taker!.

fIYDRAPtIOBIA..,—'IIte inala,tteholy efrects of 063
dreadful malady were witnessed a few days ago, in the death of
a littler boy, about eight yours of age, son of Mr. Thotlie, bink.
staid), in the parish of Langtres; the atilt' was bit in the hand,
tome weas since, by a dog, supposed to be mad ; the parts in..
i4l"4.wara cut out by A. ourtson store whit& time the secret's
health has been declining, but his mental faculties remained Per-
feet Until within a few days of his death ; his niatekuT terminated
in the most ontragemis agonies,..-Porset Chroside.