The Sun.
London, England, 1826-07-07 00:00:00

LAW INTELLIGENCE.

COURT OF CHANCERY...—. (Ti►m DAT.)
His Lordship did not take his seat till within five minutes
of eleven o'clock.

LUNACY.

Mr. Hart presented a petition in a matter of lunacy,
praying that the master's report might be confirmed, re-
porting 600/. to be due to a Gentleman of the name of
Frank, and that the Committee might be ordered to pay
the account, together with all costs, out of the estate ; and
that it might be referred to the master to enquire whether
charges made by Mr. Warburton and Mr. Chiloe,, were fair
and reasonable charges, and that, if the master reported in
favour of the charges, the Committee should pay them.
Order made.

COURT OF KING'S BENCH, GUILDHALL._(TIUS DAY.

THE KING V.. ROCHA.

Mr. SCARLETT stated the case. This was an informa-
tion Mr. TYNDALL opened pleadings.
filed in the Court of King's Bench against the de-
fendant for having published a false and scandalous libel
concerning the Marquis of Pa'melte, in a monthly publi-
cation called the Portuguese, of which the defendant was
editor. The Marquis,- lately Count de Palmella, was
Ambassador of the King of Portugal in this country, and
in thateharacter he had been made the subject of a series
had long enjoyed the confidence of his Sovereign. While
of attacks in the above publication, and among others
g
that of the libel in question, which had its origin m a fact
well known to the public. During . the combined opera-
tion of the Portuguese and English armies, on
the Conti-
nent, it was agreed that the spoil and booty taken should
be divided anion them. The Count de Palmella, in con-
sequence of his public eapacitY, was charged to manage.'
that matter in this country. The sum fixed upon to be
given to the Portuguese army was, 85,0001. which was
funded in Exchequer Bills, and was to remain in the
Bank of England until order* should arrive from Portugal
respecting the disposal of it, that order had arrived, about
a year and a half ago, and the money had been accordingly
' sent there but. the Count de Palmella had nothing_ todo
with it; shortly alter the money had•been taken out of the
Bank, the libellous paragraph appeared in the Portuguese,
stating . that, the Portuguese' army, had' been robbed . of
'4OO millions of reals, which had, been allotted as their

t
share of the booty and spoils of the _to aftl e o 'Worm;'
that the Portuguese. Ministers had taken out of the Bank
to divide among themselves that money of blood, and
let the army starve; this was paying valour the rewards
of cowardice, &e.
The 'paragraph' was of considerable length; and went in
substance to accuse the Marquis of Palmella and the
other Ministers, of spoliation, by appropriating to them-
selves the prize-money which belonged to the army.—
The Learned Counsel stated, that the publication in
question had an, extensive circulation among natives of
Portugal residing in London, it being published in the
Portuguese language ; it also circulated widely on the
Continent; and the Marquis of Palmella being a public
chariteter,, felt called upon to institute this prosecution, in
order to redeem his,reputation from a charge, which, in a
private capacity, he would despise.
Edward Thomas Grainger examined by Mr. Tyndal---
purchased a copy of the publication called the Portuguese,
at the office of Mr. Calvalho, on the 2d of June, 1825, in
Threadneedlerstrect.
Cross‘examined,by the Common-Serjeant—He did not
know that there was a second number of it in the shop.
John Simpson, attorney for the prosecution, called on
the defendant in Newman-street, Oxford-road ; told de-
fendant that he called on him from the prosecutor, in con-
sequence of the publication, showing him the publication
at the same time, and also the rule that had been obtained
in the King's Bench against Mr. Calvalho. Defendant
told him that he was the author of the alleged libel, and
that he was sole editor and proprietor of the Work; that
he was anxious to avow himself as the author, and would
make an affidavit of the fact; and Would take upon himself'
the responsibility of every thing that should appear in it.
The number containing the libel, was 79.
Cross-examined by the Common-Sergeant--Did not
tell the defendant the number, nor did the latter look at
the paper, being acquainted with every thing connected
with it before. The Marquis of Palmella was 'then in
England. Defendant begged he would not proceed any
further against Calvalho, as he hoped the Marquis did
not want to have two strings to his bow.
The COMMON SERGEANT here said, that there was no
evidence of the defendant being the author of the alleged
libel; as Simpson did not point out the libel to him, nor
did the defendant look at the publication, consequently
he did not acknowledge himself to be the author of this
specific publication.
Mr. SCARLETT said that it was sufficient that the de-
fendani had acknowledged himself to be the author of a
work called The Portuguese, which had been sold by
Calvalho.
The CHIEF JUSTICW said,' that he would not stop the
trial onnrcount-Of iuckobjections, as they could be made
.use Of on a future occasion, whereas if there should be an
acquittal now, it would be decisive of the prosecution.
The COMMON SERGEANT then resumed the cross-exa-
mination.—Did not mention to him that the proceedings
were in consequence of the publication having been
charged, to have taken place in London, because 'defen-
dant said he was aware of all the pi oceedings.
Re-examined by Mr. SCARLETT.-1-116d called OR the
defendant in eonscOuence of Calvalho having told him
that Rocha would take the responsibility of it on himself ;
saw Rocha in the King's Bench when the rule was made
absolute ; he seemed anxious about nothing but that he
himself should be prosecuted instead of CalValho.
, R. Abello read the original publication, and translated it.
J. Pertsel examined by Mr. TYNDAL.—Is from the Fo-
reign. Office ; in the year 182() the Count de Palmella was
Ambassador from Portugal to this country, and Lord
CaStlereagh was the English Minister for Foreign Affairs.
There was a negociation then going on for booty taken
during the war. This witness proved the hand-writing of
Lord Castlereagh to the documents specting the nego-
ciation.

, .1. Tonson, the printer of the publication, proved that it
tad been published on the 4th of November, 1821, by
he order of the defendant.

The case fOr the prosecution here -closed.
The COMMON SERGEANT addressed the Jury for the
defendant, whom he ' said was a very poor man, but of
extraordinary abilities, which he had made use of in sup-
port of the constitution cause of the Portuguese. The pub-
lication alludml to had one good effect; ,that of causing the
prize-money to be paid to those who were entitled to it ;
this was one of the good effeets which the press was ca-
pable of producing. He thought that the matter might
very Well rest here, as the honour of the complainants lent
been -Sufficiently consulted by what had already taken
place : they might rest satisfied' that a constitutional Por-
tuguese would not be punished in this country for anim-
adverting on the conduct of persons in authority.
• No witnesses being called.on behalf the defendant,
The LORD CHIEF JUSTICE said, that the Common-
Sergeant had acted properly, as he always did.; lie took
advantage of every objection that could be made for his
client, and he did not needleisly delay the Court by ad-
dressing the'jury. How far the publication in question
was' libellous, it was for the jury to say ; they ought,how-
ever, to' take into considerationi that at the time when the
publication took place, the Government of Portugal was
in a state of political agitation,and the charge madeegainst
Ministers of having appropriated to themselvei 85,0004
belonging.to the army, was calculated to produce an evil
effect.

The Jury immediately returned a verdict finding the
defendant Guilty.
The Marquis de Palmella sat beside Mr. Scarlett during
the trial, being subpoenaed by the defendant, but not
examined.