The Sun.
London, England, 1826-08-12 00:00:00

ti 411114011k* :COS ill eresWINT.)
NORTHERN CIRCUIT....LANCASTER, Au.. 10.

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•; ..-.iLkOlittS ./, sn , wit* ~v; 7,oaw.gna.,. ' . •..
•
Mr. Parke opened the. pleadings,...and, the Attfm.lPP.,
eneral for Lancaster, (Mr.• Sailitt)- stated' the, nature of
e libel to
,the"Jnry.: Counsel for the defemfan4 Ser.'.
ant; Cross,,lind Mr. Pollocic. ' - •
1 The defendant pleaded not guilty. No justification was
put upon the record.
.From the Learned Gentleman's statement it appeared;
that the plaintiff was a tnerClianl, and his wife a respect
able Person'residing at Liverpool, Who kept a servant girl,
f the name of Rachael Rankin, whom it appeired had
eft • her situation, for .which she had been imprisoned.
, he defendant,. who is in the Affiliation Office, it Teems,
rr
rims occasionally employed by Mr. Bean, the.proprietor of
the Albion Liverpool Paper, to take notes for him before'
the MayOr and Justices there. The libel complained of
was in the defendant's own hand-writing, and interlined
With pencil corrections. The plaintiffs' failing, on the first
count of the' declaration, to support the printed libel, went
upon the second count on the manuscript, which was read
n the defendant's own hand-writing.
Mr. Scarlett, in stating the nature of the libel to
' the Jury, dealt out most unmercifully his invectives
gainst the poor reporters. He described them as the
worst of beings ; as going about to cater for the public
like cormorants, and no matter, he said, whether the in-
formation was correct or not, it found its way into the
lewspapers—of such a description was the defendant.--
The public, ever fond of something new, swallowed every
thing that came before them, " with a greedy ear."
Neither character nor reputation were spared ; no matter
what it was, a little circumstance was swelled into the
greatest importance, Ind, without the least regard to the
. ~ ,
feelings of individuals, reputation was blasted. It was,
he said, a delightful thing to mix tit a dish of scandal, to
set down on the breakfast table.,., "porting was, in fact,
made a trade of; and if,the Jury did not, 'by their verdict
ithis. day, • atop such disgraceful proceedings, it would
;be seen bow far libels of this.kind were. to be carried.—
" I," said Mr. Scarlett, " dont know how you may feel, gen-
itlemen of the jury, on this subject (after having read,
;and commented on the libel) or how the lady must feel,
after reading it in a publiC paper, which pointed her out
as a person of cruel and tyrannical disposition, or what the
husband must feel under such circumstances." Editors of
Papers, he thought, ought to exercise sound judgment,
before they admitted reports at all ; and if they did not pay
a due regard to public feeling, they ought to suffer for
their bad taste. .

The Learned Gentleman then adverted to the facts as
given in the evidence, and concluded by calling for exem-
plary damages against the defendant, who put no justifi,
cation upon the record.
Thomas Bean, examined by Mr. Parke.—He is the
Proprietor of the Liverpool Albion newspaper; he received
a letter from the defendant purportiiig to he it report; he
has a part of it; there were two other pieces connected
with it ; the paper shown to him is in the hand-writing of
the defendant; the observations were made by himself
prior to the publication; the report 'was printed; the
paper has a considerable circulation fora new one.
Cross-examined by Mr. Sergeant Cross.—Witness re-
quested Mr. Forwood to take notes for him; he requested
him to attend the Mayor's Court; there was another
Court sitting at the same time—the Commissioner of the
Insolvent Debtors' Court; the report was handed to him;
he put the paragraph in his paper; he merely headed it
" Refractory Servant;" cannot sey where the plaintiff
live's; he did not know him at the time an action was
brought against him ; he paid the' costs and gave up
the author; was applied to by Mr. Dixon; Mr. Tay-
lor, the attorney for the plaintiff, pointed out the pare
-
graph to him after it appeared in the paper; he brought
it to his knowledge.
Re-examined by Mr. Scarlett.—At first he declined
to give up the author; can't say when he gave him up ;
it might be ten days after the action had been brought ;
is not certain the action was threatened before he gave up
the author; is not positive when the action wus brought ;
the libel . complained of was in the 3d number of the
Albion; he did not circulate the first number gratis; the
sale is from 6 to 700; Mr. Jones told him the girl had
biought an action and. recovered

•
The following is the libel
, m
IREFROTORY S ERVA NT.,—.1126111411 Rankin Was brought
Bridewell, charged with hiving left the service of
her mister, Mr. John Jones, broker, .of Springfield-street,
Liverpool,who attended; and preferred that charge against
her. The priioner complained at the usage she had re-
ctived in:being put into confinement Upon such charge ;
and stated that she had left the house in the afternoon, in
consequence of her mistress. striking and ill using her ; and
that on her return in the evening for her box, she was de-
tained, and sent to Bridewell. The Mayor immediately
discharged her."

Matthew, Taylor examined—He is the plaintiff's attor-
ney ; the plaintiff resides in Springfield-street, in Liver-
pool; in the,last.few days be has made preparations to be
at .Hull ; he was a flax-dresser; believes he is now gone
there; his (plaintiff's) office is on the same building with
his ; he communicated to him respecting the libel, on the
sth or 6th of December last, about 12 or 1 o'clock ; saw
Mr. Jones at. Bank-buildings, or near the Atheneum-room;
was never engaged for the plaintiff before; he believes
the paragraph related to the plaintiff; an action was
brought against Mr. Bean, and after several letters had-
•passed,. he (witness) gave up the action; the costs were
paid ; he considered the two actions as one ; it was an
action brought against Mr. Jones, for the false imprison-
ment. •

By the Judge.—He never wa• employed by the plain-
tiffs before.

This was the plaintiffs' ease.

the part of the,defendant, pos-
sessing Sergeant CROSS, on f i writers
sowing more of the milk of human kindness
strainoe tteo
of the public, Press, eidculed AliOappy,f irony
this pair y action, brought by thttorney, evidently, he
said, for thesake of pocketing the coats; but he should
i eived if he profited much by his action.—
be greatly
That he hadecsbucrebdeeedoimuirifriegnheetednitnhgeMare.tißoneataigawiaoastclielaimr,
for no sooner
than he hastened tokethfoeoAndttokrinmeyo,laftsicdts‘e,ttaletdi—the same by
hdy.
spaying the cosse!
London Editors, he thought, Were not to be
natured fool."
aofNaewwrsiptearpewrholemasatdekiet
t' e never to look into
.a
ph that should veil its defor-
mity.so easily frightened; he had
He Oergean-
cavity. The first count had failed,
should sea practice
'wine sly
Sergeant Cross) was really at a loss howto
treat the case with g
h e in the, same predicament,
and the second oug t, to
The,poer.lady, in the
and many.
lanesgi
I
e of the declaration, had beenet
said to have been injured in iOd na
f h
moeanio j
dxaseputeasttiy%
in the eyes of her neighbours, t
little " MS." furnished the attorneyif
of that powerful
tole
good tmcl lawfttl subjects—wha noisenwsiethl
,lihioswbahtated'ritnhgis.
ram, and how had he availed h
rioti if, he did not
erlgine3 but ha *hood be greatly aftl7
one I
find the public press a More power t.
OW nothinfovonld have, cane of t"
ee ITs
he poor defendant
mighty
vt
libel,waa cliemadr
not the attorney,smelt out a cau--.. ' 1-4 an' whom the tit-
hed taken notes at the request of Mr. ,Bean
torney had almost frightened to death. There
hich he might
now in the Court, opposite, taking notes,,W _ e
1 reporter
hand over to the gentleman next him
(tdi
_daubs APPear
for the Preston Pilt) and it would no wits Mr. Bean
in the 4lbion,. which might give rise to another ac.tpin_nafto;
libel, if ,the Jury sanctioned such actions; which nin4
more were brought, neither he nor his learned frieswould be safe in taking notes: for should the attorney
take it in his head to publish them, both he and his learn
ed friend might have actions for libels brought ageing!
them. The action was, i
and nonsensel--he. was realnlydselyaroprielYbce..olif ePaisir,fliweltiotritha*nd
not pluck enough to come to the aasizee. , , liii.Loribibip said, that as there 110 jilStifi""
6011 put apii tilt reevill, the Plitintits Were entitled t 9 a

`verdict. were entitled to receive at
their bands it was their -Tarti-cular province to give;
but he •tho4bihii s hall sum (consideribg other actions
woiitatzlow.fit.t); would answer every purpcisit Ind he
caii nig heip,saying, it was. a pity that 110
,not been
,suffered to have died away altogether.
.The Jury having consulted together_. for a apart
time,
found si verdict for theplaintiff.—Darmigeilse—costs 40s.
After this verdict had been given, one of the Jury asked
his lordship what sumwould not carry costs? when
Mr. Baron Hullock said the verdict must carry costs ;
it was a question of damages, and they were not to con-
sider the costs.
Mr. Sergeant Cross submitted that wider the Act of the
43d of Elizabeth, his Lordship had the power to certify,
which his LOrdship said be would do if he had the
power.
We afterwards understood his Lordship certified,--in which
case each party pays his own costs.
So much for actions against the reporters for newsPaPeri.
The Court rose much earlier this •dsit than was in-
tended, owing to the Attoruies not
bet read_with
their witnessee, upon which occasion his .
.Lordship re-
marked, that he would strike every ramie of the paper to-
ng
morrow, if the parties were not ready when called on ; and
in which the Attorney-General (Mr. Soarliat) remarked,
that Lancaster was always behind !

CROWN COURT.
M'KEANS.
Mr. Courtney presented an affidavit of the M'Keans to
the following effect :-That previous to their committal
they were in possession of household property to the
amount of one or two hundred pounds, but that after
their apprehension it was seized by the police.officers of
.Manchester, and that in consequence thereof they were
unable to employ either an Attorney or Counsel for their
defence—when

Mr. Courtney observed to his Lordship, that Mr. La-
vender (the head of the Mancliesterxolice) would have
fold part of the fuiniture, and gives 'the M'Kealls the
means of procuring legal assistance, but that he was de-
terred from so doing by the advice of his attorney.
.• His !Lordship said that Mr. Lavender had acted with
great discretion in the business, ~foc had he done so he
would have been liable to repay the *mount. His Lord-.
ship then told the M'Keans (wha•stood at the bar) that
he did not know what to say in the matter. If they .were
acquitted, of course the property would be restored to
them ; but if found •guilty, it would be forfeited to the
Crown. Eventually his Lordship left the parties to settle
the matter amongst themselves, since it was a point that
he could not interfere in.

The prisoners did not appear much dejected.
Henry Barton, who was found guilty at the Lancaster.
Assizes, Gth March last, of publishing as true, a forged
receipt for money, knowing the same to be forged; but a
point of law being reserved for the opinion of the Judges,
whereupon judgment was respited, was brought up before
his Lordship, and was ordered this. day to be discharged.
John Branchvood, found guilty at the said Assizes, of
grand larceny, but a point of law being reserved for the
opinion of the Judges, whereupon judgment was respited,
was brought up this Say to receive judgment. His Lord-
ship sentenced him to be transported for seven years.
William Lancaster, 29, and James Grosvenor, 19, were
tried for a burglary in the house of Catherine iather, at
Manchester, and stealing 141V111 books, four pictures, one
shell, and other articles, her property.
Sarah White, servant, stated that she was alarmed by a
noise in her mistress's house on the morning of the 14th
of June last, about halfLpast two o'clock. She rang a
bell, and afterwards heard footsteps go through the house,
and when'she came down stairs, missed the articles men-
toned in the indictMent.

John Hughes, also a fellow-servant, stated thati
he went to bed on the. night above mentioned, at 11
o'clock, and was awakened early in the morning by two
men, who came into his bed-room and threatened to blow
his brains out if he made a noise; they were alarmed by a
ringing of a bell, and ran away. Kilbie, a police-officer,
apprehended the prisoners in Manchester' and found the
property in their possession ; he produced the property,
which was identified, and the prisoners were found Guilty.
Death recorded.

John Kelly, 22, Patrick Retferty, 22, Bernard Riley,
26, and Martin Parker, 22, were acquitted of a highway
robbery at Manchester.
Tohn rdly and Patrick litsrPrty ware aftertrarde found
guilty of two, separate indictments;' and the Judige
said he would not pais sentence on them at present, for
this reason—it was very likely he' might leave them for
execution: he would, however, make some inquiries re-
speoting them.
It is generally believed that they will suffer.

Extract from the Sheriff's Calendar —Edward Gibbon
Wakefield, aged SO, committed by T. W. Tattoo, S. P.
Humphreys, and G. Newton, Esquires, 115th► May, MO,
charged with having, at Liverpool, feloniously taken and carried
away one Ellen Turner, spinster, then a maid, and heir apparent
unto her father, William Turner, Esq., fur the lake of the lucre
of l►er substance, and afterwards, unlawfully and against her will,
did marry the said Ellen Turner."