The Sun.
London, England, 1817-04-25 00:00:00

LAW -INTV,LLIbi:NCE:

COURT OF KING'S BENCH, APRIL 4.1.

LIBELS AGAINST LOUD ELLENBOROUGH AND LORI?
CASTLKREAGIL
THE KING V. RICHAUD'GAYTHORN BUTT.
Mr. Rico Attosow moved that this defendant,
detained ill custody of his, Majesty's. Gaoler of
Newgate, be brought tip ,fo plead to two infor-
mations filed 'against Win eio Officio by his Majes-
ty's Attoruey-General, for puttli.hiog two libels,
one against the Right Hon. Edward Lord Ellen-
borongli.,' Chief Justice of the Court of
Bench, and the other against his Lordship and
the Right lion. Sir Hobert Stewart, K.G. com-
monly called, Lord Viscount Castlereagh. The
defendant was brought "into CoOrt in custody of
Mr. Nervroan, the Gaoler of Newgate, and placed
upon the floor.
The first information, for the libel upon Lord
Ellenhorough, Was than read Over to the defend.
ant by the officer of the, Court. It stated the va
rious proceedings 'against the defend,oit, Lord
Cochrane, &c. for the . fraud on tic Stock IN-
change, together with the sentence afterwards
passed upon theta by this Court. It then set forth,
that the defendant, late of the parish of St. Mary.
le-bone, in the county of Middlesei, well know.
nig the premises, and unlawfully, wickedly, and
malicionAy devising and intending to bring the
administration of justice into hatred and con-
tempt, and to scandalize and vilify Edward Lord
Ellenborough, and to bring him into great and
merited:contempt ; and to insinuate and cause it
to be believed, that the said Lord Ellenhorougla
had acted in a corrupt and unjust manner ; atl,
for the nrpose of snaking money, and applying
it to his use, bad imposed the fine of 1,0001.;
had unlawfully, wickedly, and maliciously, print-
ed and puttilihed a certain scandalous, malicious,
and detain:story libel, of and conceitting the said
Lord Ellenhorough, Bte. and the judgment pro-
nounced, and of and concerning the fine. adjudged
to be paid. Tile libel was set nut in the
.follow,
lug.foem
Fair play iae jewel.—Wbereas Lord Chief-Justice Ellen.
borough has,conuitted a rubbery. of I,nont. upon roe; by pas-
sing a senfruce to.make and to put the King's fineti
into his own pocket, instead of going into the pwitie treasury;
do hereby charge Win as a disgrace to the Bench of Judges,
the society of Orntleateu, and the nation at large.
. . . , BUTT.!'
1.1 212, Oxford-street, March 5, 1017.”

'The officer then enquired of the defendant; it he
were or were not guilty of the offence above
charged ,
:'Mr. Bntt.—l acknowledge that 1 printeili,it,
published it, and affixed my name. to it ; ,but I
deny that 1 have been guilty a printing and pub,.
lisping; a libel : the question whether it is .11
I shall discuss on a future occasion,
Mr. Justice BAst.ov.z--Then I. believe the pro.:
per forth will, be for you to plead- generally not
guilty. •
Mr. Butt. pleaded Not Guilty accordingly, and
the second information for a libel.rin Lord Castle-
reagh was lead over to him in the Bann: form as
the preceding.: thu libel was set out in these
words. :
"Pillory: ! Bult and Lord Castlereagh.-1 do
hereby placard Lord Castlereagh, fur having stated a gross
flilsrliood in the House of Commons, in the-debate of the 11th.
• of July, 1814, when Iwe a prisoner in the King's Berth pri-
ion, to answer his own purposes ; in stating to the Howie, as
reported in the 'Tinto Newspaper, of the 120 Jul vs 1814, that
I had petitioned the Ctiverninent for the ine'rcy otthe Crown,:
on which cause-the sentence of the pillory was taken off. any.
po.titiori wit% to till Prince Regent te. be liberated, -being urt-'
putty caii% i(:ted 137 LOrd Eilenborengh to make, money of
me. •
" 212, Oxi4d.strert, Martlrs,lBl7. "it.

•11hen the defendant was required to plead to
thii information, he said that it would be repug.
naut'to his feelings to say that he was not guilty:
he acknowledged that -he had affixed his' name to,
and posled the paper : he could not, therefore,
conscientiously plead not guilty. lie:begged per-
mission, on the proper occasion, to addreSs the
Court.

Nlr. Justice BATLEY informed him, that the
present WAS not the proper occasion. Mr. Butt
tnjded, that what he had to state was merely
memorandum ; but the Court still refusing to hear
him, be thanked their Lordships fur their• coirec.
lion.

The officer inquired of the defendant if he were
provided with hail, to which he replied, that lie
preferred going to prison until the trial. He was
then told that he would be tried at the Sittings
after the present Term.

'Mr. Butt hoped that timely notice of the day
would be given him, that he might be able to
collect his witnesses.

Mr. Justice BAILEY —You will be apprised of
the precise day on which the trial will take place.
Mr. Ham observed, that be must collect wit-
nesses both with regard to Lord Castlereagh and
Lord Ellenbarough,
Mr. Justice BAILEY.-1f you wish that the libel
upon Lord Castlereagh should •be brought under
the considermion of the Jury, it will be necessary
for you to plead not guilty to that : if you plead
guilty, the course will be, that you should be
brought up to receive sentence.

Butt.-4 am sure your-Lordships will per.
ceiye the nicety of my feelings. J therefore beg
leave to retract, and to plead not guilty.
Mr. !licit RDSON moved, that the defendant be
committed.

Mr. Butt.---`!'here is one circumstance of tirhich
I wish t apprise your Lordships. Sinee'l have
been in tie typite. five iletajner4 101. 2401: have beeii
lodged..agaimt me, this Mr. Ne4man announced,
to inelast evening. In coniegisenceOf being re-
moyed from plison to prison, rind not knowing
now to which 1 am going, l have been 'put to
much inconvenience. I now lahoUr limier -grtat
many false tICCIISatiOIIB., 1 cannot meet ai
twish, I tun 661 y, Anxious to do justice to every
body.

It: was then ortiered;that theitlefendanisbnithl
he committed -to the: custody of the Marshal of
the Marsha`heal, .and.Mr..lititt bowed and retired.

IiVILLS 13, IlleiihnD3ON.
Thi9 was fin action of
,Trespass and False Im-
p! istium:ent, tried before 'Mr. Serjeant llosANQutT
ut the lust*Aisizei for the county of Sussex, when
a'vertlyt 'Was-Ingrid for the plaintiff, thirnaitee.s 4Os,
with liberty to the ilefenrlant•to crave tu'enter-a,
nonstlit.

fi)r the dOitildallt, 11(1W troveil
fora rule to *let itkitte