The Sun.
London, England, 1829-12-24 00:00:00

SHIPPING INTELLIGENCE.--(TIIIS DAY.)

FROM LLOYD'S. -
DEAL, DEC. 23.--Wind li-,N.E.—Arrived from
London, the 1-1):!cl: NVrnih; Goddard, for Sierra
Leon's t an Rohert, Edwarde, for New York.
PORTSMOUTH, DEC. 23.—Wind N.E.—Arrived
the John Echlin, Thomson, from Jamaica. Sailed
the West Indian, Cook, for Antigua. The Frith;
Cornish, from London to Poole-, w.o,s, cret o ‘y6..
terdey and proced`-?,(1 .
Famt*Tc6l, N.E.—Arrived the
FlCo'tt, mithson, from Quebec.

FALMOUTH, DEC. 22.—Wind N.N.E.—Ai rived
the Duke of Marlborough packet, from Lisbon)
sailed the 13th inst.
HOLYHEAD, DEt:. 2.;--ArriVeci the M`Donald,
Ml.Leoth fl-Gin &ova Scotia.

LIVERPOOL, DEC. 22.—Arrived the Luria, --,
from Quebec; and Nuremburgh, —, from Halifax;
WHITEHAYEN, DEC. 23.—Arrived the Favorite,
Trusty, from Rip,
CLynr, D. 2l.—Arrived the Cherub, hiller,
ah 'Earl of Dalhousie, Boyd, from Montreal; Salus,
Tait, from Miramichi; and Natalia, Smith, from
Teneriffe.

LOCH RYAN, Dec. 21.—ArriYed the Alpha,
Loudon, fromDemerttra.

Thßtstot, thc. 23.—Arrived the Caledonia,
Younger, from Prince Edward's Island.

(70-1-? K, DEC. 21.—Arrived the Isabella, from
Halifax; and Dart, —, from Ne►vfoundland.

The Zephyr, from St. Petersburgh, put into
Milford the 22d instant, leaky, bound to Dublin.

COMMISSION OF LUNACY.

TENTH DAY.

The Commissioners tcok their seats to-day shortly after
eleven o'clock. The names of the Jury were called over,
when one of them inquired if Mr. Davies would be in at-
tendance to-day, as it was probable they might will' to
ask him some questions.
The Commissioners desired that Mr. Davies might be
in attendance, and trusted there would be no difficulty in
procuring him from Dr. Burrows's Retreat.
Dr. Burrows, after an attempt to address the Com-
missioners, observed he would have nothing further to do
with Mr. Davies.

Dr. William M'Michael sworn—Examined by Mr.
Anor.rncs—Visited Mr. Davies at Dr. Burrows's Re-
treat, in pursuance of the Lord Chancellor's order, on the
24th August last. Saw Mr. Davies alone. In conse-
quence of affidavits, spoke to Mr. Davies on two points.
The two points were the supposition of the conspiracy on
the tea trade, and the imaginary disease in his throat.
Mr. Davies was extremely communicative, and very tire-
some, but I should not say that he rambled at all, nor was
he incoherent. I asked Mr. Davies if he supposed any
conspiracy existed among the tea brokers against himself.
He said he did not mean a conspiracy in the usual accep-
tation of the term, but as he had been successful in trade
he thought his fellow tradesmen were jealous of him. I
asked him how ihat was shown ; he said when he went
to the sales at the East India House they received him with
a sneer ; and when he was walking they made a line, and
said, lane, lane, meaning as he supposed Philpot-lane. Upon
the other point he said he thought he was going
into a consumption, which might have affected his throat.
fre was to a certain degree hypochondriac. He told me
he read books to a certain extent. I was with him two
hours or more. Ile knew very well by whose order I
came; he expected me in consequence of my writing to
Dr. Burrows. He showed no desire to shun any conver-
sation or avoid any inquiries. I could detect no delusion
in Mr. Davies's mind at that period, but could not form
an opinion at one visit. 1 asked him about his interview
with Dr. Latham. I asked him how he came to go to
consult him. He said as soon as he began to suspect it
seas his mother's intention to put him under restraint he
went and bought a pamphlet, containing Lord Ports-
mouth's trial, and there he found that Dr. Latham was
one of the physicians who had given evidence in favour of
Lord Portsmouth, and having ascertained where he lived
he called upon him. He said he was to find him bo
young a man, and then discovered that he had made a
mistake, that he had gone to the son instead of the father.
Ile related to me all that passed between him and Dr.
Latham, and said that he had told Dr. Latham that he
was supposed to be insane, and on leaving him he had in-
vited him to come to Crouch-hill, and said, he sure to
come, or if you don't dread the vengeance of a madman.
Dr. Latham confirmed the statement in every word.
Sir C. WETHERELL, objected to this question that celled
forth the last answer.

The COMMISSIONERS thought the objection well founded.
Examination resumed—l saw Dr. Latham after I saw
Mr. Davies.

Mr. AnoLexus was proceeding to ask the same qties-
lion in a different form, when
Sir C. Wrrtizautl. observed, that he 111,1 had his ob-
jection decided in his favour by the Commissioners, and
that this was only an ingenious mode of putting the same
question.
The COMMISIIONERS thought the question could not be
put.
Examination continued—l said to Mr. Davies when he
used the term dread the vengeance of a madman, Dr. La-
th im surely must have thought you mad ? Mr. Davies
said it was only a little levity. I asked him if Dr.
Latham came ? lie said he did, upon which I observed he
was not much frightened. I had no doubt Dr. Latham
would admit that a man who admitted himself to be mad,
and threa'ened an act of violence, was not very dangerous.
My opinion, upon the whole of that examination was,
Mr. Davies was not in the least incoherent. I asked him
if there was any one whom he desired to see, he said he
should like to see his mother and his solicitor, and his
clerk, Mr. Lowe. I told him I thought I could not bring
his mother or solicitor, but that I would see about bring-
ing Mr. Lowe. When I came home I wrote to Sir.
Loudham, requesting him to allow me to take Mr.
Lowe. I ultimately took him down. On the
26th, I again visited Mr. Davies, in company with
Mr. Lowe;: I did not take Mr. Lowe into the
room at first, he waited in my carriage, and I told
him I should perhaps send for hitn ; when I went into
Mr. Davies I found the family apothecary with him; I
requested him to retire, and allow me to see Mr. Davies
alone. After some conversation I told Mr. Davies I had
brought his clerk, and requested Mr. Lowe to come in ;
Mr. Davies was very glad to see him, shook hands with
him, and asked him how his mother was? He then
asked him how they were going on at Philpot-
lane ? to which he (Mr. Lowe) answered, very well,
fur they had followed his (Mr. Davies) instructions
up to the 2 Its. Mr. Davies then said he would give me
a specimen of his cross-examination. He then asked Mr.
Lowe a great many questions about the tea-trade. I
don't recollect what they were, but 1 recollect making this
observation, you will let me into the who'e mystery and
secret of the tea-trade. One question I well recollected,
About this time Mr. Davies said there should be a certain
suni of money due to the East India Company, about
5,0001. He said to Mr. Lowe, how have you been able
to manage about that, for you cannot have access to my
funds, they are locked up? Mr. Lowe said it was vet y
true, and that Mrs. Byewater had been obliged to borrow
the money I should think the last conversation lasted
two hours. The report I furnished to the Lord Chancellor
isithe tree impression of my mind, resulting from my visist.
The report of Dr. APAlichael, of the 28th of August was
read, by which the Doctor reported to the Chancellor that
be considered Mr. Davies had no delusion, but whether he
was capable of managing his own affairs the Doctor had
great doubt, and requested the Lord Chancellor to allow
another physician to attend Mr. Davies with him. On
the 7th of September, Sir Geo.Tuthill and Dr. AP:Michael
visited Mr. Davies, and made separate reports. Of that
interview Dr. APAlichnel could not speak with that accu-
racy that Sir Geo. Tuthill slid. Dr. AP:Michael asked Mr.
Davies if if he did not distress his trade by purchasing the
Crouch-hill estate ? He said no; the money was taken out of
the Funds. I asked him if it was not too fine a place? He
said no, he did not think so, the profits of his trade were be-
tween 3 and 4,0001. a year, and he thought that would sup-
port it. It would also be an inducement to his health. His
answers to every thing were quite correct and rational.
(The second report of Dr. APMichael was read.)
Temporary seclusion would have been better for Mr.
Davies at his own house than elsewhere. Received a note
from Mr. Hobler, asking if I should have any objection
to see Mr. Davies again ; I at first demurred, but ulti-
mately agreed to do so. I visited Sir. Davies for two
hours on the sth of December. The old topics were
brought forward, and I had not the slightest doubt at that
time that Mr. Davies was of sound mind, and quite capa-
ble of managing his own affairs. Mr. Davies answered
every question, with the exception of one, freely.
I had heard that Mr. Davies had been insulted by
persons alluding to his having certain propensities.
I said no wan suspected him to be really guilty of it, and
I wished him to explain to me how he thought it had ori-
ginated. He was embarrassed, and hesitated for a mo-
ment, he said he wished he had never mentioned that, for

nohody would believe his story, and therefore concluded he
was labouring under a delusion. I said how do you sup-
ro•_'.s it C.rose in the first instance, he said the only e,plana-
tion -that he could give of it was, that when be was at
Portland-terrace the first night, the landlady of the house
had asked him if he had any objection to sleep in a double
bedded room, he refused for some time, but when she said
it would be a great cot.ivenience to bet-, 11.1(1 thit it would
on'v fth. Het- OA; ne consented, and that when he
Sri giong to bed.he said to the keeper who was to occupy
the other bed, you may as well come to bed to me, the
noarer you are to me the betttr, as I am to be kept under
your eye. Thus it was he supposed the idea had arose.
(The examination in chief of Dr. Ill'Michael was pro-
ceeding when we left.

CONTINUED PROSECUI lON OF
THE MORNING JOURNAL.

COURT OF KING'S BENCH-THIS DAY,

THE KING r. MARSDEN.

'Phis morning beimg appointed for the trial of this issue,
Lord TENTERDEN took his seat at his usual time on the
bench, but the Court was very thinly attended.
The following Special Jurymen were called and sworn
as the Jury :
Edward Gregory, merchant.
Thomas Smith, Esq.
Joseph Delafield, Esq.
Thomas Flood Cutbush, Esq.-
Jos •ph Hardman, merchant.
William Dunn, Esq.
Philip Philpot, Emq.
John Tiplady, merchant.
David Henderson, Esq.
John Cooper, Esq.
Robert King, Esq.
Thomas Fisher.
At this time Lord Holland entered and took his seat o►+
the bench.

For the prosecution appeared Mr. ATTORNEY-GENERAL,
SOLICITOR• GENERAL, Mr. BROUGHAM , Mr. G LTR-
NEY, and Mr. WIGHTMA N. No Counsel appeared for the
defendants.

It was whispered in the Court that Mr. Alexander in-
tended protesting this morning to the Court against the
prcseeutions following each other so rapidly, as to prevent
their making any effective preparations for defence. Mr.
Alexander, however, had not appeared when the above
trial hid commenced. When he came in, he spoke to
Mr. Humphries, who then appeared as counsel for the de-
fendant Mr. Isaacson.

Mr. WIGHTMAN opened the pleadings, by stating that
this was a prosecution against G. Marsden, Robert Alex-
ander, and Stephen Isaacson, for a scandalous, malicious,
and inflammatory libel upon his Grace Arthur Duke of
Wellington, in the Morning Journal of the 30th of
July last.
The ATTOANEY-GENY.RAL addressed the .Jury. Gen-
tlemen, it gives me very great pain to say that this is the
third prosecution, indeed, in point of fact, I may call it
the fourth, in which one of the defendants (Alexander) is
a defendant upon the record ; and I hope you will give
those credit who appear on the part of the prosecution for
this feeling, that nothing but the constant repetition of
offences of the same sort would have induced them to have
pursued the same individual in the way they have done.
There can be no personal feeling against him ; but unless:
it can he laid down as a maxim, that the more incorrigible
a man becomes the more he may do with impunity, it is
impossible that such a line of conduct can be allowed to go
on. Gentlemen, this isan indictment preferred by his Grace
the Duke of Wellington for a personal libel on himself ; one
of a character which I need not designate, as it will be suffi-
cient to read it to you, The defendant (Mr. A.) is still
Proprietor of the newspaper in which this libel was pub-
lished but he has now got two coadjutors, different to
those associated with hint in the other informations. One's
name is Marsden, the other Isaacson. Perhaps it may he
to the credit of the two others in partnership, and who
were brought forward in the other prosecutiens, that at
length they thought fit to abandon the publication ; that
they thought fit lint to continue with Mr. Alexander, to
share either in his perils or his crimes; but as I have said,
he has found two others who are this day brought before
you. I know very well it may be said, Gentlemen, that
libels on any man in high station ought to be passed by
with contempt, and I have generally found that that opi-
nion prevails most among persons who are not themselves
the subjects of such attacks ; but it has happened
taps ir to observe wherever a man is the subject
of an attack by the Press, either on his honour, or
in which he is treated with contumely, I have found
that that individual is sure to think his particular case
calls for punishment. Now for example, in the course of
Illy professional duties, it has more than once, I May say,
more than twenty times, happened that I have had the
great honour of being consulted by gentlemen concerned in
iruldishing newspapers ; and I have found that even they,
who of all others are the moat liberal in their opinions, and
most averse to prosecutions for libel, if they have been the
subject of attack, they have felt in the most delicate possible
manner on the subject. It has happened to me to have
been counsel for members of the Press both in sup-
port and in defence of prosecutions, where the parties
I have found proceeded against each other with the
most bitter hatred, and a degree of severity that could
hardly have been equalled. So that if Mr. Alexander,
or any other editor, happened to have any slur cast upon
his reputation—upon his private character, you would
find that,he immediately consider, that an excepted instance
to the rule they lay down with respect to all others, that
you ought to allow the Press to abuse all persons, public
or private, and to leave it to the opinions of mankind to
decide whether he ought to he treated with contempt or
not. Now, Ido trust your will think his Grace the Duke
of Wellington, in appealing to the laws of his country for
that protection which is due to him, as well as to all
others, is entitled to consider himself not bound to rest
satisfied with the repeated daily wanton attacks
that have been made on his character, especially
when they accuse him, in his high station, of
a crime that it would be almost impossible to surpass.
Gentlemen, this libel appeared in the Morning Journal
after other prosecutions were pending, and purported to
have been written by John Little Crosby, A.M., Minister
of Sydenham, Kent, and domestic Chaplain to the Duke
of Cumberland. Now, whether there be any such person
in existence or not, or whether, if there be such person,
he could have written such a libel, is a matter that I am
not able to inform you of. All I know is, that the Editor
of the Morning Journal thought fit to publish it in that
Paper, and you will find that it contains imputations on
the Duke of Wellington, such as unquestionably, if he
ware to submit to, and if the public were to attach credit
to, would render hint not only unworthy of the high cora-
fidence of his Sovereign, which he has long enjoyed, and
unfit for the station he fills, but a proper subject fir pro-
secution and punishment himself. When I tell you that
you will find in this publication something more
than insinuation., a direct charge that his Grace of Wel-
lington is aiming himself at the sovereign power, and
wishing to secure it in his own family, it will be fur you
to judge whether or not, if you were in his high station,
and such an attack were made on yeti, you would think
the writer ought to be treated with perfect indifference,
especially after repeated attacks, not I admit so atrocious,
but yet exceedingly offensive and impertinent, had been
from day to day, for many weeks before, unceasingly made.
I do not propose, Gentlemen, to trouble you with reading
the whole of this paper—it is very long, and it is fur
the greater part, the repetition of general abuse. Had the
paper confined itself to that only, it might have been passed
over with contempt. It is only when the writer comes
to specific charges, that he is entitled to the notice now
taken of the publication. Th rt I hope you will follow up,
in accordance with the decision of the Grand Jury, who
have found this Bill, by your verdict that this is an
atrocious libel. 'she libel is this:—

.4 To his Highness the Duke of Wellington.
" My Loan,—ln the miserable state to which your
united ignorance, vanity, and ambition have reduced a
once exalted and flourishing nation, it only remains for
your Highness and your Whig Attorney-General to put
down the Press of the country, silence public opinion,
and ultimately stifle the complaints of the surviving but
persecuted Protestants of Ireland, now weeping over the
murdered remains of those relatives who have been
slaughtered at the shrine of your Highness's Popish Re-
lief Bill. Did your Highness tell the truth, when, during
the progress of that Bill, you assured a Right Rev. and
Venerable Prelate (Bishop of Bath and Wells) that the
Relief Bill (so called) was calculated not only to preserve
the Protestant establishments of this country, but in short
to overturn Popery altogether? Did your Highness from your
heart tell the truth, when, with despicable cant arid affected
moderation, you drew a pretty little picture of the horrors
of a civil war, and in a whining weeping tone deprecated
and abjured the notion of crushing treason by the
law of the land and the bayonet? Oh, yes, indeed. When
(lid your Highness acquire those fine feelings? Who ever
suspected, or who ever presumed to accuse your Highness
of mercy—ofcompassion—of moderation, or of any ut those
more kindly or tender sympathies which distinguish the
heart of a man from that of a proud dictator and a tyrant ?"
He seems to think that a proud dictator and a tyrant is
nut a man. NOW this is the language used by a gentleman