Star.
London, England, 1808-06-30 00:00:00

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LAW INTELLIGENCE.

COVIILT; OP KING:eI hki.OH, Pewee.
11 ltrp:o actitair J. -HAM. *men. '
Mrs HOLROtto applied tO the-Coutiffof, a A** trittli
Alt-ease ; hat it beinr beyond the firer dais *bid
patties bale unwired thent to move fir ttew trialqbei
go art refitted to hear hiity althou,glf 'the,/ said, that
I:fautlut of plisorfet,•upott the authcaity of thelking
11/01t, therm:Ad, when the
.tiVidenceititt read civet;
Ton the Judge's report, eke notice of any dhubt
I might occur to them-upon the legality of the
lenceototcwithstittAag, it acts beyond -the
is was the ease in which Adolphui wa; Coun-
for-the Defendanii, iiclfhe'beipx ill, Mr. Holroych
instructed' to move. - .

• • • •Till-SAMS.V. 'IRE SAME. •
Currosin moved fcw a new trial. in this case,
which was tried on Sattuday last,andi therefore was
within the rule. He moved upon two:grounds' : Ist,
Upon a mis-direction in the Learned Judge Grose ;
2dly; On the ground' that there was no evidence
the publication of the libel, in,London or elsewhere..
the-first point he contended, that by Mr. Fox's
32. Geo. 3, c. 60. s. '2. the Judge must, according
his discretion, give his opinion upon the case as in,
other criminal cases, that is, he must. state the facts
' the law and the evidence, and.applying each to
other.; shew their' connection, ani direct the Jury
.Rat if they find an act to be done with a certain in-
tention, it is criminal ; if not, it is innocent. HO=
Lordship only said to the Jury, that thepnblica-
-- was proved, and that the libel was :a gross,
iced, and infamous libel ; and it would be only
mowing dust in their eyes to represent it otherwise.
is, he contended-, was not a sufficientdirection with-
the statute. Upon the other question of the pub-
tion, he stated that, by the 38th Geo. 111. cap.
, it is required, that the printers and propr;.etors of
Lpers shall make an affidavit that they are such
Acts apdproprietors,, and that they wilt publish
n•
_paper at a certain place, to be therein ascribed;
ich affidavit is to. be filed, at the Stamp Office,
I a certificate thereat made according to the Act-
section 9, all such certifiCates shall, upon trials of
terrnations, &C. be Conclusiir evidence of all facts
Captained- therein. There are also certain penalties
net complying with these clauses ' • and by sec. 11.
shalt not be: necessary, after the production of the
idavit and certificate, and a newspaper produced in
idence, to °give other evidence of publication for
- Plaintiff, informer, or prosecutor Suing for such
amities. By sec. 17. the publisher . is, to send a pa-
per,- signed with hik name; within six days after pub-
lication, and the same is to be signed-by the person
appointed bi the Stamp office to receive the same.
At the trial the certificate of the affidavit was pro-
tucedi and also two papers purporting to be the pa-
rs in the information mentioned, but there Was no
Tod' of the hind-writing of Hart, and they were
igned by a pOsost who was not proVed to' e the per-
m' a.ppointed.to receive them.
~AktC..t.trrourt now, cOntejide4, that this .was not
idence of publication ; the affidavit could prove
,tothing without the .paper, and-the paper was not
.safßcieutly shewn to have been., printed at Warwick
Aaare,•. or .any.where,in London. gven if. the true
Off-Fs.. wa.s.,only evidence, of poklication at the
Stamp Office, and heirig.a delivery to an un-
- an Act of Parliament Wak n6tA voluntary or ma.
tcnitts.,.pnblicifiiin,. hut like the deli vety of a libel to
lifigistrate; Mirth - • ;
Mr. Tustiee Grtpsa stated;-drat he NI &Yell • his
opinionie the 3dry„tfi' as at this' was. Aririfafelcie eiridLivce
publieation, -z.h4 'absence' Of tbiltiadiettii
'stimony on thepart of the Defendants was concl4
ye. As to the 'direction upon the libel he had-only
given his oPinien urn the' lawt.and left.it to the Jury
14:Edict-it- it wa.l. with:tlie"lntention
7hargTcl. hi: the ,information,.. ". • r I
The Lpau Cum, JUSTICE, it being a case in which
name 'was alluded to, gave no opinion.
Mr. Justice La -Bbltstc concurred With Mr Justice
Grose.
bir.Justic•ett4Lity. 074ifo.:170,i111At'cf Paliament,
td observed that Mr. Clifford.read the Stat. 38, Geo..
c. 18. s.All.lll‘, it applied only to suits for a pe-
tty,. wheria-s- he thought .it clearly applied to all
proceedings, whether. to a PLintiff who sued for da-
mages by ;libel, or on inforination by the Attorney
General, or a Prosecutor suing for penalties. And as
would be easy to shew that the paper produced was
the true paper published 'on 014 day, and. there
Ls no affidavit even now that the paper produced'
is not the paper duly published as it purported to
, the Court refused a rule to show cause why there
mild not be a new trial.
Lord ELLE:caomotion.—“ Is it most convenient
,t the Defendants should be ordered to be brought
on Saturday or Tuesday next ? Wednesday is the
a day of Term."
'rho ATTpRNE* GENEE.AL.—"t On whatever day
iur Lordship pleitses." • •
Mr. Houtovu.—“ Mr. Adolphus being confined
illness, I hope your Lordships will mention thelatest
Ly, that the Defendants May not be deprived of his
istance."

Mr. Justice Ga 055,....“ It will take time to deter-
Mille the punishment, and• therefore it may be better
the men themseives,, that they should be brought
.on Saturday. : Let.l)llo9,thcteforek be committed
Nevirate, and brought up on: thatiLty." .
Mr. C4,seeonn hne 74:%*LarcishiPs:willn°t
Os* c 94 their being cpaumitteAkhefore sentence is pro-
tr,Wncad." • ,
The. Arromnsir GIENIMAT...—" It i an ordla4ry
pmceedinat anit after thejmattnent I)ipve received,
from the Learne4 Gentleman, I do !sot think it sT,ltinkt;
s.dispenled with."
Xt. t U.g.tOviee all avilltiVn my-
pnvate account, as I stand -here on public, groan& "
•-• !lite Tipstaff was the) calleito sttc wartkei were
ommitted.
tptc..l,tl gr crt,.% Otirdi 71414211
talf:l
• LORDsatititi

In this case, which, has jaglthesnzao inucts*ilten
the-Souctrott-faassattat this racesitsgistroastd,l6
Cast,that •an attachment should••fortharttivissni
igah.lst .IVlrs;,l3eanir,*nt, the mothere.
dy, with Who*, It *my be remem...W; ftlkvio=
:owe• time since• 44tised. 0941(
day an order had been made, that! .Biataiinsnt;
who warrepresented-ttF be Alb 4.ll4eate of heakti,
and unable to attend the Court and tuidargo a keyso-