The Sun.
London, England, 1827-01-11 00:00:00

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PRICE 7D.

ment they so justly deserved. But if they chose to stand in the
situation of the author, if they chose to incur the responsibility of
such a proceeding, they must take the consequences of their con-
duct, and so long as they found the gratification of public
curiosity was a profitable trade, so long would they con-
tinue the course adopted by the defendants. The case was in the
hands of the Jury, and it was for them, by their verdict, to de-
termine whether such conduct should be tolerated with impunity.
His Learned Friend (Mr. Scarlett) might address them, and urge
that so soon as the defendants had discovered that they had been
imposed, upon, and that this report was unfounded, they bad
hastened to apologize for their error, and contradict their mis-
statements. They had also admitted that they were the proprie-
tors of the paper, and thereby afforded some facilities to the plain-
tiff; but by so doing they had avoided the payment of those costs
which they would otherwise, have been fixed with. But this
formed no excuse for having published so gross a fithrieation. It
was the duty of the proprietors of newspapers not to publish any
thing without being satisfied of its truth, and he (Mr. Gurney)
trusted that the Jury, by their verdict, would give such compen-
sation to the plaintiffs for the injury they had sustained, as would
teach the proprietors of newspapers in future to be more cautions
how they trifled with the credit and character of others.
Frederick John Taylor produced the admissions from the de-
fendant's attorney—lst,' that the defendants were the proprietors
of the Morning Herald newspaper ; and 2dly, that the paragraph
in question was published of and concerning the plaintiffs, as
bankers at Brighton, on the 24th of February, 1826.
The libel. having been read by the officer of the Court,
Mr. S6ARLICTT, for the defendants, submitted that the plain-
tiffs had not proved their trading as bankers.
Mr. GURNEY said he Would soon do that, and then called

Mr. Turner, who stated that he had been clerk for some time
to Messrs. Wigney and Co. of Brighton. They were in the habit
of issuing promissory notes for the payment of money as bankers.
Cross-examined by Mr. SCA RLETT—The run on the banks took
place in December, and commenced again on the 22d February,
1826. There was a run on our hank for several days. We had
provided for it before Monday. The Union bank did not stop
payment.
Mr. SCA RLETT, in addressing the jury for the-defendant, stated
that he should not urge to them any of the topics which his learned
friend had anticipated he should make use of. The fact was, Mr.
Thwaites, from the first, had expressed his regret, and his readiness
to make any apology that any man could be expected to make
Under similar circumstances ; but the plaintiffs would not be sa-
tisfied with such concessions, and it therefore remained with him
(Mr. Scarlett) to address to the jury such observations as would
satisfy them, that admitting the defendants' liability, this was a
case, the justice of which would be satisfied with the most mode--
rate damages. However he (Mr. Scarlett) might disapprove of
such publications, it must be remembered that the defendants had
offered every reparation in their power, and that his learned
friend had admitted that he was unable to prove that the plaintiffs
had received any special damage ; and when the jury had their
attention called to the paragraph, which was- placed in the de-
fendant's paper immediately under that nosy complained of—
when they heard the ample reparation which Mc. Thwaites had
afforded the moment he was aware of the mistake which occurred
—for mistake it would he distinctly proved to have been—he
(Mr. Scarlett) was satisfied the jury would estimate with great mo-
deration whatever damages they might consider the plaintiff en-
titled to. 'lt apl3eared, on reference to the defendant's paper of
the 24th of February, that there were two correspondents from
Brighton. After reading the libel complained of, the learned
counsel read the following :

[From another Correspondent.]

"Brigbton, Feb. 23.

" This place was thrown into the utmost confusion yesterday
morning, by the stopping of the Old Bank, the firm of Mitchell,
Mills, and Mitchell. A rim immediately i-ommenced on the
Union Bank, which continued beyond description the whole day.
The streets were crowded skid' every class of-people, but more
particularly with the labouring one, with the one-pound notes,
fighting and scrambling with each other, to see which should get
in first. I never saw such a state of distress and misery as this
place seems to be in, yet they keep up the price of provisions ;
beef and mutton 9d. to 9id. per lb. ; scarcely a visitor here;
between 2,000 and 3,000 houses to let, and the streets crowded
with men out of employ. Brighton appears to .me to have seen
its best days. I only arrived here yesterday, and it is my inten-
tion, with nearly every other visitor in the place, to leave it to its
fate in a day or two. - I herewith send you a hand-bill, which I
saw distributing in favour of the Union Bank this morning.
Should you think it worthy of a place in your paper, perhaps
some of its constant readers will he able to comprehend it ; as for
me, it seems a new way to pay one-pound notes.

" A SPECTATOR OF DISTRESS AND MISERY."

Now in this, continued the Learned Counsel; there was not the
least mention of the plaintiff's bank, and it was"therefore impos-
sible for any one who had read the two letters not to perceive
there was a mistake in the first; and, from their situation, it was
scarcely possible for any one to read the one without the other.
At the request of Mr. SCARLETT, Mr. Turner was then
re-called, who stated, that the plaintiffs bank and the Union
Bank, though not in due street, were in streets in a line with
each other.

This, continued Mr. Scarlett, shows how easy it was for such
a mistake to occur. His Learned Friend had said what was very
true, that the proprietors of newspapers must he responsible for
such publications, - and for their anonymous ccrrespondents; but
he (Mr. Scarlett) would submit, that in the particular state of
the country at that time, it was of the greatest importance that
the public should receive the earliest information respecting the
state of the country bankers. He was very happy to hear that
Messrs. Wigney and Co. were gentlemen of such high credit and
respectability, and wished he could say so of many others by
whom losses had been sustained; but there was nothing more na-
tural than than, in such a crisis, a mistake like that now complain-
ed of, should occur by the assemblage of a crowd in the same
street where the plaintiffs' bank was situated. He (Mr. Scarlett)
remembered that, in consequence of an old woman slipping down
at the end of Birchin-lane, and a crowd being collected, a run
had commenced upon the banking-house of one of his oldest friends
—one of the most respectable bankers in the metropolis—Messrs.
Hoare, Barnett, and Co., and the report was brought even to
Westminster-hall, that-they had stopped payment, but it vanished
in a day. his Learned Friend had talked of the proprietors of
newspapers ; he (Mr. Scarlett) had therefore a right to talk of the
profits of bankers, and if they chose to circulate 11. and 21. notes,
publication appeared,
aopespetatrinedy:
they must, in their turn, take the consequence of any report that
might be occasioned by the ferment and impression of the mo-
etalceifietßidiaingth'stopnatpiellriaiten whichon
couldment not Thet• and
the 25th, the following appeared

" Brighton, Feb 23.

- -
I hasten to contradict an error in my letter of Wednesday last,
into which I was involuntarily led during the confusion which pre-
vailed on that day. I mentioned in it that Messrs. Wigney and
Co. had stopped payment, as well as Messrs. Mitchell, Mills, and
Co. Although. it was reported that such was the fact, in my burry
to despatch the communication, togethfr with the extreme pres-
sure of the crowd at the bank, that gave the appearance of reality to
the rumour, I had not the opportunity of ascertaining the truth
in person. lam now most happy to aNuaint you, that this most
respectable firm (as well as that of Messrs. West and Co.) has
withstood the shock, and will, no doubt exists, continue, as here-
tofore, to support its credit.
It is now well known that the firm of Wigney and Co. had
previously provided themselves with so large a sum, as to put
them beyond the power of any such contingency; and so great
was the reliance of the more respectable part of the inhabitants of
this town in their solvency, that none hut the lower class made
any demand upon them.
Expectations are entertained that Messrs. Mitchell, Mills, and
Cn., will shortly resume their payments. Printed bills are placed
in the windows of many of .the shopkeepers, announcing that their
notes will still he taken.

Although the panic has nearly subsided, still the gaiety and hi
larity for which the town was once so famed is for the present fled
and a settled gloom overspreads the countenance of almost ever:
person you meet."

Not satisfied with this contradiction, continued the:learned
counsel, Mr. Thwaltes, in his leading article, added the follow-
ing :
" It gives us much pleasure to inform our readers), that our
Brighton correspondent was incorrect in his statement (which
appeared in our paper of yesterday) respecting the house of Mess.
Wigney and Co. Our Brighton communication, received last

isnasye-srtedthatin athrbtahneik' inariittioesftiOinr, Ptho'4fr u,gli;':c'neryt the
rithj'
pun,
re night,prt, aanndd
had maintained its ground most trininphantly."
This would arrive on the 2/eth at Brighton, and by the end of
the week the run had subsided, though not all the embarrassment.
Thus, then, the defendant had used all the means in his power to
point to public attention the error that had occurred. He (Mr.
Scarlett) did not pretend to justify the publication, but he sub-
mitted, that under such circumstances, when an editor gives to
.the public all that comes to him, and takes all the care he can to
correct any. errors that- may arise, in the absence of all proof of
any injury, in the absence of all proof of any actual malice, there
was no ground for the J ury to visit him with serious damages.
Mr. GURNRY, in reply, contended that, in the first place, it was
the duty of the defendant to have shown that in point of fact he
hid received the letters in question, and secondly, by whom those
letters were written. He (Mr. Gurney) did not impute to the
defendant that he entertained any malice against the plaintiff', for
probably he had never seen them; but he did impute to him, that
by means of his paper, he had suffered some secret- enemy to
gratify his malice. If the defendants had ever shown any wish to
give up the author that would have been the but apology that
could have been offered, but up to this very hour it had been re-
fused. His Learned Friend had Urged that the injurious effects
of this report had been counteracted by the contradiction that the
defendants had published the next day, but before the benefit of
that could possibly be received,- it had been spread all over tile
world, published in 10,000 papers, where that refutatiete might
never be seen or regarded. It had been urged tbea no injury
could have been sustained by the plaintiff; if ene second letter
had been read ; but he (Mr. Gurney) cons;:aered that this excuse
which his Learned Friend had been irretnicted to make, was the
greatest aggravation which could be offered. If the defendant-
had the opportunity which he afforded to others of judging of the
truth of this report, why did he publish it at all ? Why did he
publish to the world that which he hail any reason to doubt of
himself ? He (Mr. Gurney) trusted that the verdict of the Jury
this day would be the means of teaching persons not to insert in
their papers that which they knew to be false publications, which,
he believed, had tended more than any thing else to aggravate and
augment the distress of the period when this libel had appeared;
and he therefore hoped that the verdict in this case would in some
degree cure that evil which had gone such alarming lengths.
The LORD CHIEF Jo-Telex, after reading the paragraphs in
question, obeerved,:that it had been urged that any one who had
read both letters must have seen that the first one contained a
mistake : in his opinion, that was not the fact, as the second letter
was not calculated to throw any doubt on the contents of the first.
With regard to the leading article, which the defendant had in-
serted with a view to correct what had occurred, that, as far as it
went (published 2 hours after the filet publication), was worthy
of consideration in estimating the amount of their damages, which
was a question peculiarly for the consideration of the Jury; and
on that subject he should only make the remark, which he often
made, that justice was best administered when the damages ap-
peared to he the result of cairn and sober deliberation, which put
it out of the power of any person to say that the verdict eras the
result of excited or angry feelings,
The Jury having retired, after an absence of half an hour, re-
turned with a verdict for the plaintiff.—Damagee 1001.

ALLIANCE MARINE ASSURANCE COMPANY,

Yesterday a meeting of the Proprietors of Shares in the above
Company was held in New-court, St. Swithir.'s-lane, on special
affairs.

The Chair was taken by - Gurney,'Esq., supported by
N. M. Rothschild, Esq., A. Montefiore, Esq., and several eminent
capitalists.
The CHAIRMAN informed the meeting, that this was the first
annual meeting of the Proprietors under the provisions of the
deed of settlement. He was happy to say, that the Company was
going on prosperously.
The Report was read. It represented the Company as pro.
reeding in an auspicious manner ; the capital was augmenting ;
and the business was gradually increasing. The principal reason
for the present meeting was the election of four• Directors, and
one Auditor, who went out by rotation.
Thomas Wilson, Esq., E. Fletcher, Esq., L. Luc," Esq., and
- Lyon, jun., Esq., were then elected as Directors, and -
Richardson, Esq., as Auditor.
The CHAIRMAN hoped nest to meet them at their new offices,
which were so eligible in every point of

A PROPMETOIi asked whether a division of the interest could
not be made ?

The CHAnotA)r eaidi rtot before 1829.

The same PROPRIF.TOR had heard mentioned in the report that
the capital was. augmenting. Did that mean that the subscribed
capital of 250,000/. had not been touched, a❑d that more than '
that sum was in the Company's hands ? The capital must be
augmented, but still it might have been encroached upon.
N. M. ROTHSCHILD, Esq.—There is plenty more money be-
sides the subscribed capital.
A PROPRIETOR was happy to hear this, and the Meeting seem-
ed highly satisfied.
N. M. ROTHSCHILD, Esq.—l can assure you all that this is an
excellent concern, and will prosper.—(Hear, hear.)
_ _

Thanks were voted to the Chairman and Directors, and the
Meeting separated, apparently in high spirits.

DISTRESSING OCCURRENCE AT THE

NEL UNDER THE THAAIES.

The workpeople and others engaged in this undertaking, as
well as the whole neighbourhood of the spot where the excavation
is proceeding, were thrown into great consternation and alarm ois
Monday morning, by a violent report which proceeded from the
month of the shaft, succeeded by an immense body of flame. The
shock was most tremendous, and was felt at a considerable distance
from the spot itself. Upon inquiry, however, it appeared that the
accident was not so serious in its consequences as was at first anti
cipated, although it is sufficiently distressing.
For some time past it has been considered that the portable gas
was by far the best light which could be adopted for the assistance
of
At thethe lsablnotitnreitrso,f atnd wk has
frthes bhafeteNt:hceornestthawiithlyricskosliagulted.
and other
materials are lowered, there happened on this day to he placed, fee
the purpose of descent, some bottles of portable gas : the spot being
immediately under the engine, is, of course, perpetually shaking
from its working, awl owing to some inattention on the part oh
the men employed at this portion of the works, who have, how
ever, been previously remarkable for their care and caution, one
of the bottles was not carefully secured, and the rumbling of the
engine gradually displacing it from a level, it at length ir.4 down
the shaft.

On meeting the earth, the distance being 70 feet, it burst with
a tremendous crash, and there being a lighted candle n the
spot, when it fell, it immediately ignited, and filled the whole
body of the shaft, even to its summit, in one entire flame, which
partially proceeded into the arches themselves, hut fortunately
notso far as to reach the spot where the majority of the work
people are engaged. The men, however, employed on the im-
mediate spot where the bottle fell,
have suffered most dreadfully
although there has been no present loss of life.
The extreme distance of the spot where the shield is now placed
t
rendering the passage of the excavated earth to the sammit of
shaft by means of wooden planks and barrows too tardy for
the desired expedition of the work, it has bean determined to
complete a rail-road for the purpose of accelerating thZa part of
tlile mfret ytk ;
atne;' and
base owfortkhiewoophl,etfte.ngegAedniln4nthnisamobejdect ue
immediately' Robert
and although
the
Greenshields, a millwright employed. in laying down the rail-
road, has been so frightfully burnt, that it is impossible to 02,5...
rmtedaet
tinguish a single feature. The foreman of the bricklayers. named
Lane, observing the bottle falling, and being at the `,.itne imme..
the tl
e
diately at the shaft, with a singular presence of mind, threw
lie liinis,eoltftie fellontliengeia•oreurndth,
himn iththhains
somefora . do
others,t vn n: iih,,else,vaped unhurt.
All the money spontaneously sub9r:abed by visitors is appro-
priated to the accumulation of a 6ek fund, from which all patients
connected with the undertaking have relief.

The nuisance at the top of St. James's,street, which
had fora abated, has now become greater than ever, so
thf indeed, that it is not uncharitable to Conclude that those
tchose to it have very solid reasons for not
doing so.
ty
it is to put a stop

-
A short tune since, six res!.;ectable farmers met in a
room in the parish of St. Kew, in this county (Cornwall), whose
portly appearance induced them to compare notes, when it was
found that the average weight of these six substantialyemen was
1 i A- score, or 2301 h. each.— West Briton.

Information has reached Penzance, that the brig,
SPank lag Jack, Nicholls, master, of that place, and which was
bound for Genoa with pilchards, was totally lo,t on the wait of
Corsica, on the 6th December ; we regret to add, that but one of
the crew was saved.—Cornwall Chronicle.
On her passage out and home, the Sir Edward
Banks consumed nearly 60 chaldron of coals, and the expenses of
the vessel to Government is stated to have been upwards of 3001.
per week. On the day after her arrival she was discharged from
Government' employ, and the Naval Officer, Lieutenant Went-
worth, withdrawn from her.