The Sun.
London, England, 1826-05-31 00:00:00

[NEW TIMES.]

A reeding of the Shipowners' -Society took place
yesterday. We have elsewhere given a pretty tong
account of it—longer, 'perhaps, titan the Nis ad-
duced, or argument* made use of, required- It seemed
to have been got oat least i was the
p,
proditced by the speeches of the Principal speakers,
for the purpose of vituperating the mea
J.joskisson, a gentleman Who has, as Bmuresi of
MrY
distinguished individual of the age, exostn"ptf as any
tat i teld the
truth of the maxim, that censure is the n
man rays for his eminence. We have toucxwhewdlnicilLa
than once ;on the Shipping question ; and,sot odd think
if ever there yeas a question grounded on itt.rin-
doe, this is one. We think, too, that the alterations
in the Navigation Laws, so tar from being Julian:l°n:
to the Shipping interests, were necessary to theirlL-
isteuee—that, without these alterations, we trillbt, at
period, hav ceased to have p5...,_
no distant
those:those:vie avow
the present hour—
thosethis e our belief, we, admit that
who look no farther than
find who are incapable, as men of limited views
invariably are, of separating what is adventitious
m fro what is essential, who lump the consequences
of a measure, from what cause soccer arising—may,
without any graver imputation than that of mistaking,

and thus misrepresenting, Nr. thiskisson's.plans, in:
dulge in sentiments. contrary to ours. Yet, even of
these, however well Meaning, we think,we may fairly
complain, when we notice diem grounding their at-
tacks on reports of speeches which are not only de-
nounced in their bearing, as inaccurate, but Which are
acknowledged by the meeting to be so.. As for the
radical gentry,—the pseudo-reformers—the Cobbettites
and John Gale Jones men; who thrust themselves
into assemblages of honest men, like the Devil among
the sons of God, to abuse good measures and good
English—they, and their opinions, are unworthy of
notice.. Such exhibitions are unwitnessed. and un-
known, save during the times Of public distress.
While the sun shines, and the. sky is clear, these
creeping things lie close, each in its dank and dirty
nook, nor is it until the heaven is overcast, and the
rain begins to fall, that they venture to come forth,
lubicrous, and - loathsome, but harmless withal, to
_amuse boys, and terrify old women.

[REPRESENTATIVE.]
The. Pitt Dinner on Monday has had its share of
abuse from the papers whose vocation it is to abuse
demonstrations of loyalty and affection to existing in-
stitutions. Such persons as think it quite correct
that the memory of Fox—whose public life was no-
thing but a series of actions devoid of principle, and
sometimes even of decency—should be honoured, may
very naturally object to honour paid to the memory
of his rival, of whom it, at all events, cannot be said
that he excelled in the arts of making false predic-
tions, and venting absurd theories as to the ruin of
the country.—lt is now undeniable that the Pitt poli-
tics have been successful, not merely in England, but
in Europe. The gentleman is still alive who said
it was A madness, like that of the Crusaders, which
dictated the idea of our colours waving over Paris.
Blockheads of first-rate ingenuity used to be witty
in the much-approved Whig fashion—and with the
aid of the most approved Whig oracles—on Lord.
Liverpool's assertion, that such would be the result
of the war ; and we know nothing so completely
like the consummation of impertinence as the prating
of these same people—now that the results which
we predicted have to come to pass, and which they
swore never could come to pass, have actually PC.,
curred ; when they, in spite of the utter absurdity of
all their prophecies, pretended to tell us that Mr.
Pitt's policy was not what they would have dictated.
We can well remember what they said ; we know that
they told us, and proved it by. very logical deduction,
that the French armies were invincible—that Buono-
parte's power was not to be shaken—that the army of
England was contemptible—that the Bourbons could
not be restored—that we should be kicked out of
Spain—and other notable pieces of Whiggish sagacity,
which these good persons imagine are forgotten. At
that time we, who had drawn our, principles from a
different school, and who could not help feeling the
imbecility us well as ignorance of their predictions,
said, that nothing could be more evident than that in
the end the' spawn of the French Revolution would
be put down, and that the idea of this country being
conquered by the means which Jacobin France could
bring against it, was a stupidity fit only for the meri-
dian of the Morning Chronicle or Edinburgh Re-
view. Nobody with any common sagacity—any steady
view of the capabilities and resources of the two
countries—could. have thought of it for a moment.—
The speech of the Chancellor at the Pitt Dinner
must be highly gratifying to all real friends of the
country. The union between Church and State
is the true bond of the Constitution, and we feel
happy to find such a Statesman as the Earl of
Eldon expressing his opinion so decidedly in its
support. We are not desirous now of discussing the
Roman Catholic Claims (as the people who insist
upon them moderately entitle their, demands on un-
conditional power); but we most deeply regret the
division of the '1 ory party which that most unfortu-
nate question has occasioned. It would be, indeed,
absurd not to acknowledge the great talents and the
sincere love of the country of many who have advo-
cated the emancipation of those persons, whom every,
one, we think, whether friendly to their cause or
not, must admit, maintain principles adverse to Eng-
land and English interests, so long as they divide the
allegiance due to their King with an Italian Priest ;
it would be nonsensical not to admit that many of the
men who support such people have been actuated by
just and patriotic views, and perhaps by a latent hope
of putting down the influence of ' persons whom no
concession, no advance, nu kindness, can make friendly
to the instructions of England, unless we truckle in
the mire before them ; but we must say that those who,
like the Earl of Eldon and his friends, oppose the ad-
mission of those foes of the Constitution, are acting
with a more intelligible and straightforward policy.
Mr. Pitt, when lie consented to raise the condition of
the Irish Catholics, in 1700, never contemplated
that they were to endeavour to " push us froin our
stools" in 1.826 ; and we are certain, if he were now
alive, that he would most vigorously resist their at-
Anupts.

LAW INTELLIGENCE.

COURT OF COMMON PLEAS, MAY SO.
FISILER, ♦. STOCIDAI.II.

. This was an action for a libel published in a work entitled
Afentoirf of Harriette Wilson, of which , the defendant was the
publisher. The cause was tritsl at the sittingS in the kit
term,and the jury returns? a verdict for the plaintiff-Da-
wages MI.
Yesterday the defendant, in person, moved the court for a
rule to show cause whir the verdict should not be Set aside, and
a nonsuit entered---or why a new trial should not be ;;ranted : he
would offer no apology to their lord Ships for addressing them in
person, hut would state the grounds upon which he moved,
which, in his judgment, and in the judgment of the most preju-
diced against him, were quite sufficient to sustain one of .his
grounds of motion. The declaration averred that the plaintiff
was a Married Man, that he had been au for twenty-six years to
his present wife, and that he had eight children. In his opinion
these averment:a ought to have been proved, and not only proved,
but, what he conceived to ho an undeniable principle of law,
proved by the best possible evidence, unless the law of evidence,
'as well as statute law, was to be set aside for his .dattruction
'What had been the evidence at the trial ? Not the subscribing
,witness to the marriage,. nor any proof offered of the death of that
witness ; but the proof was made by a person who proVed the
hand-writing, and that, hi contended, was not the best evi-
,dence. He would mention a ease when acting as juryman; it
was a Case of bigamy, and the hand-writing was proved in the same
manner as it was proved in his case: it was held not to be good,
sad the party was acquitted. Another objection was, that the
declaration avid red that the plaintiff had eight children, whereas it
was only proved that he hid three : there was also a dissimilarity
of names : the plaintiff's name was 'Hugh Evans Fisher, and in
the work a Charles Frederick Fisher, of Lynne Regis ; and it was
only proved that there was no such person there, by an individual
who only Went there once a-year. ie had affidavits to show that
he had admitted his name to be Hugh Evans Fisher, and also to
chew that he had.tett Lyme Regis two years before the publication
of the libel; that he then went to reside at Bath, and after that in
London. It vs" not a little singular, that the libel had been pm--
dialled by a servant of Mi. ponsonby, of Piccadilly, the carver
and gilder to the Kies ;
he would explain the nation for this.
Lord Ponsonby....
The Co uRT,.....W0 CaUnOt Suffer Y 94 to introduce names here.

that have nothing whatever to do with the trial, and who have
not, been mentioned at the trial..--you may libel thou..-
Mr. Stockdale said he would then proceed to show that the
Fisher named in the work, was represented as a Devonshire
attorney, whereas Lyme Regis was in Dorsetehire. He should
also contend that the publication of the work had not been legally
I:tisaved.
bn the second ground, that of a new trial,.—it appeared that
remarks of the learned Judge were calculated to. influence and in
the minds of the Jury ; and Mr. Vaughan (Mr. Sergeant,
Vaughan) had in his speech represented him as a worse character
than a highwayman. He could assign a motive for the lenrned
Sergeant's thus acting : a great number of years ago—.
The COURT.—Nire cannot suffer that ; you must confine your-
self to the cause before the Court.
Mr. Stockdale said, there was a strong prejudice excited against
him by its being stated, that when Poplet, the printer, brought
an action against hini fot the printing of the work, he had raked
up for his defence, that the work was most gross and abominable;
be disclaimed any knowledge of such a defence, and Mr. Sergeant
Wilde had stated to the Judge at the trial, that he was not in,
strueted to make such a defence, but that he did it in the exercise
of his discretion ; and the Learned Judge promised to remove from
the minds of the Jury any prejudicial effect such a statement Might
have • but this was wholly forgotten, and in Mr. Sergeant
Vaughan's address to the Jury was re-urged. His case was also
prejudiced by the epithets of the Learned Judge, that he was a
pander to a prostitute, fur the purpose of extorting hush-money.
If such language had been used by any other person, in any other
place, it would have been a libel. It appeared as if it was in-
tended to exterminate him as a very outcast of society, and he
could not but consider that the minds of the jury were inflamed,
which caused such a .verdict. Ile then alluded to Mr. Sergeant
Wilde having corrected the statement of Mr. Sergeant Vaughan
at the trial, respecting the defence set up to the action brought by
the printer, and stated that 20,0001. was inadequate to the injury
he had sustained in the opinion of the public. It was a defence
that he never would have made, had he been certain of being in-
carcerated in a prison.
Mr. Justice Panx.-.We never attend to the speeches of
Counsel.
Mr. Stockdale said, the speech of the Counsel had enhanced the
verdict of the Jury, and the newspapers had cautiously suppressed
all that was to the advantage of his character.
Mr. Sergeant WILDE said, it was perhaps due to himself to
state, that when, he was Counsel for the defendant in the printing
time, he said that he thought he had a good defence, if he was
left unrestrained.
Mr. Justice PARK.—You must state some grounds ; we know
not what the libel is ; we have not heard it ; and as yet you have
shown us uo ground whatever for the motion.
The Loan Cular Jusricx.—l have the libel here.
The Loan Cuter JUSTICE then read the whole of it, and stated
the nature of a libel, and asked if any man could say that what he
had just read was not one—whether it did not impute to a married
man acts of the groseeet nature ? With respect to the proof that
had been objected to, there was no occasion at all to prove that
Mr. Fisher lived at Lyme Regis ; the libel stated it, as well as the
other objections that had been made, and Lord Mansfield had held
that it was only necessary to prove marriages in criminal cases..
The facts were left to the Jury.
Mr. Stockdale said, if lie had a new trial he could contradict
that he lived at Lyme, or that he practised us an attorney.
The defendant was repeatedly informed by the several Judges
that he could not have a new trial unless he would condescend to
swear that he was taken by surprise, and that the plaintiff was not
the Fisher alluded to.
The defendant then argued on the amount of the damages ;
he bad always understood that the greater the number of children
stated in the declaration, the greater would be the damages.
The Loan Cuter JUSTICE.—Yes, and , only three were
proved.
The defendant argued upon other parts of the case, and al-
luded to the names on the back of the cover of the work. The
lilt, instead of referring to what would be published, gave the

names of characters that had been published ; end although
in the ninth number some of the remaining names happened
to be given—and amongst which were Some•gentlemen at the bar
..;let they were spoken of. in the work in terms of praise.
lie thought he had said enough' to show that the damages were
excessive ; there was not a scintilla of evidence as to Mr. Fisher's
character.

The Lou) Cu:lr Jusricr—l must tell you, that if there had

been, it would not have been received. It was open to you to
show that his character was not good, which you might have done
by pleading a justification.
• Mr. Stackdalo said be applied for time, to ascertain how far he
might be ably to plead a justification ; hut Mr. Justice Ilurrough
renew', to rent it, saying that a jwstifieation to a libel could nut
be pleatTed.......(Great laughter.)

The Loan Cure Jusricz believed he could turn this into
common sense for him. Mr. Justice Burrough must have said,
that he thought he would have some difficulty in pleading a justifi-
cation to such a libel as this.
Mr. Stock&le said ho could put in a copy of his attorney's
letter, telling him that the application for time was refused.
The Loan CHIEF Juivez—There was probably no pretence
for giving time.
Mr. Stoekdale said it was not stated in the declaration that Mr.
Fisher was an attorney at Lyme Regis, or any other place, ,and he
must contend, therefore, that no evidence of that fact ought to have
been received. This was rifled by the Lord Chief Justice of the
King's Bench, and he had suffered severely by it. This was an
action of trespass, and the evidence related to sonic gates opening
to the high road; but his Lordship refused to take it, because there
was nothing about gates in the declaration. He hoped the Coed
would not allow one law to be established in one place, and another
law in another. He contended that the charge of the Learned
Judge, without any foundation, precedent, or' evidence to support
it, was calculates' to inflame the minds of the Jury. He would
tell theM how the manuscript Caineto be placed in his hands.
Harriette Wilson called on him, and requested hi* to edit it; but
he told her ha, could do better for her than that by publishing it.
(A laugh.) She said she should not have come to him but she
bid not a friend in the world. (Great laughter.) Ile had an
affidavit of some letters received from the plaintiff.
Mr. Justice PARK Said the time of the Court could nut be so
occupied.
Mr. Stockdale said he did not knoW how to proceed.
Mr. Justice PARK—You do not want underitanding, Mr.
Stockdale. You cannot, excepting on affidavit of surprise, bring
any thing before the Courfwhieh was not before it at the trial.
Mr. Stoultdale submitted that these proceedings were instituted
entirely against him to plunder, hint of the property he had paid
for—the copyright. .4 was stated by the plaintiff in this action,
that he never knew a person of the name of Harriette Wilson, and
that he never had any sonimunication with her. It-was therefore
On his own showing impossible that he could be the individual
meant in the libel. Some ,very strange expressions had fallen
from the Lord Chief . Justice, in his charge to the Jury, as re-
garded the morality of the work. God in Heaven knew duet he
(Mr. Stockdale) conscientiously considered it highly moral.—(A
laugh.)—Helooked upon it as the greatest possible cheek on the
vices it enumerated..:--(Great laughter. )---He should like to refer
to another work, Which was the work of ; n divine,' and yet de-
tailed greater excesses than these memoirs ; but which was ne-
vertheless considered a moral work. Perhaps their Lordships
wield direst hint how to proCeed.
The Loan CHIEF Jusviar.—Go-on ' • we will check you when
you are wrong. It is ottr province to hear, not to'direet you.
Mr. Stockdale, from the strong expreesions of the Court;
Scarcely knew what course to take. In his opinion the work
tended to cheek the vices therein named, and .was of a moral ten-
dency. He wished to call the attention of the Court to en ex-
tract from a work called the Antijcicobin Review. He did not
approve having recourse to holy writ, in matteni which- might
have an appearance of levity ; but having by mere accident opened
a volume of the- Antijaeobin Review,- ha would refer to what he
therein met with. The Rev. R. Polwliele, in his letter to Dr.
.llawker, on Methndism,
" This familiar intercourse of the teachers with their people
must often be improved into an union of the texes, as refined as
that of father confessors with their relenting dmighters. Virgins,
indeei, innocent and unstispeeting, have received repeated lessens
from their spiritual instructors, till, at length, 'sensible of the
buideti of their sine,' they have dropped the tears of contrition.
Te this 'is appended a note; that these Methodists are sometimesacquainted with the weak side of human nature
The Methodist preacher at Salisbury, who debauched, at
least, one of his congregation, and rag away
swith her, deserting
his own wife, Sufficiently proves the connexion between enthu-
siasm and impurity.
" I have. met with several fornicators among ; the
' Lord's
people,', A master, for instance, debauching hie female servants,
and threshing his wife for complaining of his incontinence. The
female servant, far gone with child, was ready to snake oath that
she WAS as pure as the Blessed Virgin." -
Now he would ask, whether it was more honourable at once to
affix names to offenders, as did' Harriette Wilson, '
or to leave a
stain to attach to the whole sect, as. had been done, however pure
his motives, by the Rev. Mr. Polwhele, of whose character no
one thought higher than he did? He knew what the lute Lord
1 Kenyon's sentirneuts were, and what those of Mr. what_
once Would have been likewise. This afforded as great a proof
matulacy as eerthing which Harriette Wilson had related.

After some farther remark., Mr. Stoekdale read the following
lines

" Distempered men there are, estranged from home,
" Cold to an angel's kind embrace,
" Cheerless, amid a blooming race, .
" And dead to comforts, in a princely dome
" Men, in the lap of fortune nured,
"With all her frowardlhumours curs'd,
"And tatted by wishes, ever on the wing ;
"Who, 'wandering still through folly's maze,
" in search of bliss, consume their days,
" Nor taste her genuine draught, at Nature's spring.
" Yet such the men who lead the gay,
" The pride and patterns of the day,
" Whose high-priz'd friendship fools and strangers boast :
" Blush thou to court their barren fame ;
" Let home, sweet home, thy presence claim,
"And those enjoy thy smiles who love thee most !"

And concluded by observing, that he never until then felt his
nerves shaken, when he stood before them as a father, with the
expectation of a wife bringing to him soon a 22d child. , Had he
not been conscious of the injustice of the verdict, he might have
been dein ived of his senses. Had the work been-of that immoral
and blasphemous nature as had been represented, he might have
been indicted for it. He had now done, but should he fail in his
application, he would apply to the legislature, and even to the
throne itself.

The LORD Cuter RATICE.—The groands upon which this
motion is made are as absurd as the book to which the cause refers

is infamous.

Mr. Justice PAM—It was a sufficient answer to the applica-
tion that the Learned Counsel for the defendant had not taken one
objection at the trial. There was no ground for a nonsuit or a
new trial. He could not: say that] had' he been upon the trial
that he should have given less or more damages.. It appeared to
him to be a gross libel, and tended to demoralize the mind, and
that there had not been any expressions made by the Learned Judge
who tried the cause that the work did not warrant. The Jury
were the only judges of the amount of damages.
Mr. Justice BURROUGN was of opinion, that full justice
had been done. The facts stated in the libel were taken to be
proved. Was a man to be told that he was an adulterer, and
that was no libel ? With respect to the damages, it was not ne-
canary to prove actual damages. They had been told it was a
moral work. Good God, look. at it! They had heard from the
mouth of the defendant that it was a moral work ; but he would
say, that he never would have consented to have foregone Is. of
the damages. After what had been said of the publication, after
the communication that was made to the defendant, he thought
that there were the amplest grounds for an indictment for conspi-
racy against both. Was the defendant entitled to any favour ?
but the Court could rule the damages; whether they were b,OOOl.
5001. or ss. They had no measure. He had said thus much, that
the defendant might know that they proceeded on legal grounds.
In his opinion the damages were not Is. too much.
Mr. Justice PARK said, that Mr. Justice Gaselee was obliged
to quit the Court, but had expressed his opinion when he left,
that if no other grounds were shown for the motion, he was of
opinion that the motion ought not to be granted.
Motion refused.