The Sun.
London, England, 1811-06-27 00:00:00

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CMITIT f"Av NCtl, lusa
Tuff ti.tNo maconym.n.
TT he ATorwft GcsattAL' Moved. the itelgtee,nt
of the Court: egaireit John Macdonald, a rioter,. in
Oxforri,street,:ter printing and publiihing two lil;ck
afr,tin,t the It Alf: Mr. William lietatid, Vicar of
iiroomi., it) Shmersetsbire.
Cols case was first 11';o1.,.ght before the Quarter
Sessions at We:ls, in that county, end 'afterwards
the dokfitiant yeas indicted in the Court of King%
Beech, !ind found guilty. Flom the statement of
the ifeee:edirigs at the trial,' which were read by
Lord Et-enenottouon, it appeared tliae-the said Mr.
was a Justice of the Peace for the County of
Seeeerset ; aed• that some mistordeJstanding Leif
taken elaee betWeenehitti and a Mr.,Champnees,-
atiother'of!the 'Magistrates, rel ;tier., to the appaint-
mem of a .Sexton tor the parish a Froome, and, in
coblequelice thereof, these libellous parnp!dets ~ere
published, delatniog Mr. Itelatid and his wile' in
very strong terms the one being 'poetical, called
Theroinenia ; the other, a prose produrd:im.
Tl,lcestiiilavil of the defendaid was there put in,
and read, in mitigation of punishment. It stated
that i,e had a w Ik, Owe children, :uni an aged mo-
ther, d-eending upon hitn tor support ; that he did
.Het know the prosecutor, Witham Ireland, and
therefore could have. 00 wish to defame him ; was
sorry he lead beee so injured by it; but was ready, to
make•any atonement in his power, and had, gone to
'Fioome to do so. It complained that his charaeter
had been aspersed by paragraphs in newspapers, in
consequenceeelthis publication., fie know not the
author of the poetical publication, but had riffered
.giVe up the name of the person he suspetqed to' be
the author of the prose publication. And it added,
that,,when he was applied to by a respectable trades- .
man in f.rmiden to print, it, tie was dold, and be-
,liat the opinion of an eminent Barrister had
been given as to these not being littelloes•
cations.
Mr. 6,suitow addressed 'the Court in mitigation
of, pueiihment. said, that, since the trial he
`had made inquiry es to whether or not any opinion
of -a Barrister had:been taken ;, and the result was,
`that none had been asked Or given upon it i; but he
had learnt that the defendant was informed, at the
time of thesti'libels being presented to horn, that they
opinion of in- eminent Barrister and Serjeant at
Law had been taken, as an encouragement for lite).
to undertake the printing of these works. •His
Thent net knoa log the author of the poetical publi-
cation, operated as en excuse fur his condo& in
printleg that wet k ; and he had. offered to give up
'the name of the author of the other, but it had not
been, required of him. He, did hot reside at Froome,
in. Snmersetshite, our had he any thing to do with
thestedispetes sbeut parish bu,iness... He did. not
eontend th it he should pass with, impunity ; hut
he surely "Otfight that these circumstances should
tend to mitigate hiS pitnisherent. Besides, these
were not .worts to tie sold, but he was merely re-
quests by a friend, to whom he welt seder some'
obligetions, to print thirty copies, which were not
circulated by him. I.,.shost, they were such learn-
ed ereduci:iens, that they is,ere totally unintelligible
to heft at the time be undertook, the printing them.
Fie trusted that these circumstantes, and what was
stated in the affidavit put in, would show the neces•
sity of a lenient pfutishment.
ATTottifv.GatitAtitc, on behalf of tlit pro- •
snot Ha, said, he never could believe that any Bar-
ristieecould give an oeinion that such publications
as these alluded to (winch were too groes and beast-
ly 1.0 be desciihed), were .tiot libellous to the high-
est degree.-. The defendant liad'statede that he • had
trees applied to by a respectable 'tradesman to un6
dertake the poetical' 'publir:ation ; but tt by did he
not give' up the name o...the individual alluded to ?
.-Add to this, hie) infringed the Act of Parliament,-
by not adding his name as the printer of the oilier,
althenh betel clearly proved by
_evidence at
the triad, It WoS evitkody impossible that the Ale-
fend.init could believe these. publications were not
tiotwitioitainlitsg , any. pretended opinion
' that as %hewn hiqt. tie- stated in itis"
let'ee that ite was rt:inlyi. as far as he
,could,. to give
tee eel hereof the prose production, it could a it
be unfair now to ask him, would be give up the
ote Wentd he give .op the: name of a client-
ot his own preient attortiey ? .fie believed that
ttaa po'..sent derondartt :1.0.,a4 defended by the Attor-
' twy of Mr. the other Magistrate of
Froome; who l..eri It r,.i 1;3 p (‘!.5 11'1,1) Mr. Irelatirl. It
wouldibe grvm-0 klV,ltitiLatiori to the person asperse*
by this fib,t, to i,r:);4.i.:'afei the author than the ptt
ter. 111. had ttol'inany who heard bim
would wish to i)c,tr lino, descant upon this libel.;
hot it wrallil he tot) offensive and too gross to be
peen, see, it in if cuqrt, and hi,: was COnvinced
it wa,s such a libel as called; for the severest .pit-;
nishrrient.
Mr. Bum/covens and. Mr. MOUtfE 'followed on
the same side.
Mr.; Justice Ga 0.611 then animadverted upon the
atroetty and ;ihderp tic), .pf life: libel niqoesticul, than
\rotten-, In! said, :nothing coehi Mote. 114)1.4; win'.
Be wonld hare r tvirihied that. any.` thing;: could have
t„ tin titrergt by the duicnclant's Coun.el.by way of
miligAttrin 01 Although he was. not
the auther, yet itt-was pretty obvious he.kneW- who
the at:ehor, Wm, trod it was impossibte, under all`
the cirenrostruh:es thu case, but he must have
known it to b LtTlicayi—tor, in regard to. them
both, he tit:it 1311 might read. It was impossible
for any one ro lurk ieto them need doubt that they
loYere grUS4 maid 11.0!il,Ws. Fort he first of th 44
the j,u:!gmettt,ot tho Court wiis, that tie •shouitt be,
cornstit,ed to the, M.irsliahtea 'prison. ler the spaeo
of three calent(ar . months, and, at the expiration
thereof, he.shettld,he, detained three calendar mamba
more for the other theteatter to cuter it)-
to recog'iliAmice for „I to sec4t his
ti good, eondura
. for three yearse--and, to iutprisoned till the same
be paid.

I.IL NINT.

.Mr...GAl?now moved the :judgment 'of the Court
upon Aim Dusin, a drugiit,who had I.e,n convide4
of a vioirtit rrisault upon Mr: John Biro iSithartn,
seal,en4.6ver; . •
'fins caii.) had bcoi tried at the Clerkenwell
Sessions; ;and reittovvd to the Court 'of King's

Tat7Fe.""TrelTre7o7777;Ttile Criton was not to;
be used ffir the p, ivate, advantage of the King, or for
that of,any individual, tilt only for the jlifere"kt- of
the country. Here the grant was not for the public
'adYalttav•, but ; was 9u(werlive of the ma-ket l.tu of
the kindom. Every authority -in faven( of *al..: by
hulk, he contended, most operate as all t-clUolleaion
agaiusi sale by s }le pro, ceded to adduce
the re Isons aisigired by I.ord Eleneorono) ~.on this
subjeo in (ith F st. The benutits accruing from •
the prednaion of articles in- built in markets, his
Lordship o!3served, were to'atertal, they went ta The
correction both of the (rainy of the article and. the
measure, the correaion in both ~f which was lost
by a sale bt. sample. The view of the entire
was essential to the I;Oyer, as operating to the reduc-
tion of theprice ; and,' in other respeola, Sales by
sample wanted the advantages IA into, in -overt mar-
, ket, where propeity Might have been feloniously ac-
quired. As the con-it-non market laws were for the
benefit of the pu,tilie,,the Learned Counsel contend-
ed, the Crown - could net grant any..thing prejudiCiiti
to them. He proceeded to shet, on the authority
of a note sobjoined to the case of Kirby and fiche.-
loe, by*Chief Justice Powell,, which might be consi-
dered as a dis4m, which the reasons atterwards ad-
duced byt.,:rd Ellenbarntigh went to fortify, that
the King cannot gianr•a toil for got.ds no brought:
itvo tile roarkt. Chief Justice Coke, in his 2d
stitnte, p.220, loid• it down, that toll is a duty on
. the sale of things tellable in, market. Goods sold.
by sample, liweVer, he contended, could not be
goods t4lable in market, the bulk not being capable
of that good testimony to their quality which sale
in market overt was intended to convey. Tgothing
could be supposed a sale in masker, as laid 'down
by' Liird Kenyon, Unless the article bronglitioto
the market. His Learned Ps lend surely would. not
contend thdt the bringing a handful of any article
into market was such a bringing into 'market as '
Lord Kenyon' contemplated. Here, . however, the
claim was not made merely as -market toll ; but the
dtiteodailt went on to state, in his plea, a sort
ot obligation, arising from the. liability of the Cori.
poration to repair the. roads :for the -conveyance of
grain into the city. This stewed a sort a confi.
• deuce in the Corporation's
.ctairn on the part of.
fhemselves, which their Lot,lshins weuld t:ot ,to,
look M. Lord Camden, in. the case of Tr-ovum..
and;Walgen, censured this-kind of doubtful; plea ;.;
anttio.that case, as in the present; it not being st•it-
ed, though They there alleged that they, hail tite.hur-,
d.;;to of, re;.aitiiig divers streets, that the waggons,
carts, &e, pised through the streets sr, repaired by_
theM, his L ,rdahip was of, opinion t tx:y had 'made.
out no consideration so as, 10 bootie thent to
This, he trusted would be the 'Opinion of tie Coort
in the present case. Here, too, the toll had net
-kwen take as itonght to have from the buy-
er; 'but from,the seller.
'Mr. PULLER, for the cletnflant, in error, con-.
tended that the Corporation Was.entitled.to take toll
for all corn aold. in the market qapiiis
,m. 04 ;
' and that they had tis much right to take it if
sold by sample, as if sold by bulk. It Was
nowise unreasonable to suppose, when, the Crown,
granted a right which waS to confer benefits
on the public, atibfeit to certain reasonable com-
pensations to the grantees, that these compen..
sliions were to continue, when, from a change of
circumstances, it Might he, more
,inconvenient to
the person frequentiog the market to bring,in the
bulk, than it would he to pay
,tolimn the, whole,
white he Only bropght in 2'l sample.; Still the pantie;
hati.the a4vanta,e of open market; insteaa cf being
forced to go about from house lo house. Where
there was no, previous flee mat ',wt, nr no ;private
rights Wrebl-oken to noon, ,he enntendell the King
had a, right to grant a toll, such as that, now con-
tended for, which was not in.c.iprogation of any pri-
vat"e, or other pre-existing right._ Where there was
such pre-existing right, there, he agreed, there must
he a timid pro quo:. He -;contended, that here no
consickntion was nness6ry to be shewn, hut that;
in 'he Nery nature of the, thing', a consitleration
was i:nplied, a market implying, consid6ration) aid
here.. the disitess having taken place in that very'
market, of-the use .of which the plaint-1 W hay, avail-
ed himself.

Mr. WILLI,oss replied; and
The Court tofik consider the, cse,
has already been seren yearS it, depondec.co.

CO,I4RT OF CIIANC PRA, just 4,

OPERA ROUSE.

WATERS V. TAYLOR.

The LOUD CITANCELLott pronounced his final
'judgment tlik day npiiii•the. merits of 'tiffs compli7
cared nrotion, and said he bad fullY•cotiSidered_the.
explinatury affidtrvits 'filed on behalf of Mr. Taylor
respeding the 'application of the revenues' bf the
'theatre within the years specified in the proceedings'
and felt satisfied that. considertrible sums rein Alert
unexplained rind unaccounted for; which the order
now flamed by his Lordship dit'eas' to be Bpeedily
paid in by the defendant.

'Mr. HART, oh "behalf of Mr. Waters, the plain-
,
tiff, rose and suggested the tiecessity of art early, day
being ippointed for the,payment,:as ..certain pay-
ments, the cleat right of Mr. Wafers, were shorty
to accrue due, which night beaffeaed. by the day,
of payment by the dt tendant of 'the surtl,4,,in ati ear.
His Lordship replied, that all. 911'01 circumstances
should Are plov4deci for in the order wbich.should -be
delivered out to the parties to,morrow morning.—
Judgment tor the plaintiff. ,

The following
,is a list of the American vessels,
now at Plymiluth, which have, b.-en ,dennned and
sent in there by men of war, and, were, condemned,
on Tuesday S'e'uniht, by Sir, W m SooTr, in Lh
Admiralty Court, viz. the Kir, POUTER; "Inn,
Dql.ADAti ; Wonfltridgi, KINSMAN TWO si#ers,,
D EVEIt LUX ; Garland, 1-{A LAT ; Adolphus, PAKvx-ri,
&hey, I'rOjeCtor,
MILL w Ann ; 41u0dcz, 1,,L6 ; I)i&eLahe, PEAPC6 ;
Ite4an, Tugy ; BainGE,s ;
GVY ; arld 111,ii.y, VI ct.'", ER?. The American sessel!
Chadestowh pnicLoi, it: Ireland ; stud Zieauty, iii one
of the EISIC.:I pond, Were also condemned at Cie
same time. Several 6f those at Plymouth have very
valuable cargoes.

MONDAY, it.INC C 4.
Lord• r.,,,naifr- -Ld r .' '' s''''''"
, A rtl • ,b.ct.r.:ng tm, 'cir ,f,..a.
implements, ellinsharntry,
(7713;n0. nntl.,seveial Ge' ntlemen on:l'Y ctin9n. tram
va!lcuii bounties, arrived this morning: Ibe busi-
uto, of the tiny- commencol n itl, un exhibition tt
of Oolveriied matm(es. These were pradicak•
turnip
diSpliiyecl to greaCetrea, l)y the bast' •operatioa ot
turnip, soWitig nnd the Unproved systent
on a spJciotis Piece of Lind, win :refit)
leSs. than tt.vetity pair of horses were eniployed in
thii naive scene. The drill here at work sl:illully
combined, after their passing 'separate funnels, the
regularly clepoSited the fainter in tin. soil. The titio
hence seed with the ptilrerivd rape-dust, and tore
Was Ihrtitigh the clean and loan; isot Crops 'if;
bar
the route to the large .centrital n,
.1"..h."' 'l'''',
method of pulverizing the rape-cake was seen, V"
Cifelltir operation of two cart wheels tolloA 4)4 c'"'''
other in a cylindrical direction: `l'wo Merino
were inspeded in the way hence to the mull
boars,
11l ill, farm=yard, where sheep she ring 4'3° '1"..•
after Which a vet),
hued in the bet style. The view of prize rarnso
speelion.
The acnodmplV:neyrianosserriammies,4 crltousneiderteliwislyn.loaitiidi.iiingti iervi
took place on the subjea_ of 'he INlerino, breed 01
'sheep, which will be• detailed in' the next d'q''',N;
Port. lii the evening the cotnriny were asseolbtln
at the.sheep-hoUse, where ten lots of South DO. rt..
the..ivs,' ten 'in 'each, were si•Ad iit groin twenty,.fiv?
interesting report and di,icusstoa.
to twenty-eight gnineas a lot. Ihe Duke of Grit-
disadunntageous,
LOCI, Lord Dundas, LOrd Bray.broolt, and the flan.
W.. Fitzroy, were the. principal PurchaSers. 8""':
merino rams, half:bred ditto, -and the Nes., wielre
alsb,sold at redliced price's, evitently ati.6":l°,JLl'Y \i'r,
Coke after dinner, reßpetliog,.the continuation oi 11$
03Ptrialents on the CrOttScS of that bre,:d of slwq..
but verx liberal report elide ay i
),_