The Sun.
London, England, 1829-12-22 00:00:00

THE FUNDS.-(THIS DAY.)

CITY, TWELVE O' CL 0 CK.
We have no arrivals this morning of consequencp.
Conso!s, which left off yesterday at 94i 95 for the Ac-
count, opened at the same price, and soon after were done
at 95, since which they have retained to the former price,
with little business transacting.
Accounts from Toulon state that a great number of
ships are assembled in that port, waiting orders to pro-
ceed to their destination, owing to which various re-
ports are in circulation there ; by some it is supposed they
are going to return to the Mores, while others assert tiny
will proceed to Algiers ; but it is certain that the Dey
strongly solicits peace. It is also stated that the Pacha of
Egypt has an intention to seize on Algiers, and proclaim
himself Dey, assisted by France.
In the Foreign Market the chief business doing this
morning is in Brazil Stock, which has improved. In
other Foreign Securities little doing.
ENGLISH FUNDS.
Bank Stock, 216 17 3/ per Cent. 991 100
India Stock, New 4 per Cent., shut
3 per Cent. Cons. shut 4 per Cent. 1926 1051 i
Do., for Account, 94 5 India Bonds, 67 69
Ditto Reduced, 93i Exchequer Bills, 74 75
FOREIGN FUNDS.
Greek, 271 1
Mexican, 25
Peruvian, 17 18
Portiroin.ie, 58i 9i
Prussian, -
Russia', 1081 9q-
-Bpanish, 10t
Two 0' CL cg.
We have received, by extraordinary conyeyance, the
following from Vienna, of the 14th Dec. The Funds
are still getting up, particularly the loam; of Rothschild.
Five per Cents. for the end of December, 103; Nat*
Shares, 1,248 ; Rothschild's Loan (5 per cent.),
for 1820, at 41-, 133%. Gold, the price of which was
41r, is only 2i.'
The bone of contention during the whole of time morn-
.t.mmi; in time price of Consols, between the Bulls and Beals,
ua97:4. for 47,_!ount, alternately buyers and sell,rs.
'fhc`Comiuis c7d a Half per Cents.
at p-mr, 00, and
.7:006/. IleklUded,
t_n to Foreign god did has been acne in
'which hare inikovel
In otlati, gyreigii Securities butiittle ,loi!rg. • "
ran 6E 0' 0 L 0 CIL

Brazilian, 691. 70
liuenoe .4.yyce, 20 26
Chilino, 26 25
Colombian, 251 I
Danish, '74i t
Front la, 5 per Cent 108 9
Ditto, per Cent. 84

Consols for Account, .05.
FOUR O'CLOCK.—CLOSING PRICES.
Corp! Danish —"'
IDd. ' . ~.. •
for Ac. iA Greek, 1825
131:aiiliunIlonds dn Nie?:,:.:.::: , 1825 25i
Buenos Aires 28. - PtirtfilLn =-..‘
Chi!ian Do. 'llosian --:-
Colurnhi..u, 1:924.231 Spanish
.101

COURT OF CON.[NIO.I4 PLEAS...,.-111 the aim.
eon. case, BOYDEI.I. V. CROCKER, which was left on:
finished yestei day when We went to Press, the Jury
rout ned a verdict, With 2001. damages, for the plaintiff.

EX-OFFICIO INFORMATION.

COURT OF KING'S BENCH—THIS DAY.
THE KING v. ALEXANDER, FISHER, AND
GUTCH.
This case being specially appointed for this morning,
the Court, at an early hour, was very touch crowded. Mr.
Alexander entered a few minutes after nine o'clock, and
took his-seat in front of the King's Counsel, where a table
had been placed for his accommodation.
Lord TENTERDEN entered the Court precisely at half-
past nine o'clock. On the Bench with his Lordship we
noticed Lord Holland, Lord Bexley, the Master of the
Rolls, the Lard Chief Justice of the Common Pleas, and
Mr. Baron Vaughan.
Several Members of the House of Commons were pre-
sent, amongst whom were Sir Robert Inglis, &c. &c.
The case of the King v. Alexander and others having
been called on, the following gentlemen were sworn upon
the Jury :
Thomas Ponten, Esq. Foreman.
Thomas Lemon, Esq.
John Lambert, merchant.
Robert Hawthorn, merchant.
Stephen Cox, Esq.
John Thompson, Esq.
John Matthewson, merchant.
Frederick Peter Ripley, Esq.
William Knight, merchant.
Charles Henry Hopkins, Esq.
• John Cherrington, Esq.
Charles 'William Hallett, banker.
George Spurs, Esq. was called and entered the Jury-
box; but it being ascertained that his name was spelt
" Spiers" on the panel, he was rejected, and another gen-
tleman galled.
The Counsel for the prosecution were—the ATroateET
and SOLICITOR-GENERAL, Mr. BROUGHAM, Mr. ALDKIt-
son, and Mr. WIGIITBIAI4 ; for the defendants (Gutch
and Fisher), Messrs. FREDERICK POLLOCK, HILL, and
BARSTOW.
Mr. Alexander conducted his own defence.
Mr. WIGHTMAIT opened the pleadings, by stating that
this was an ex-officio information filed by his Majesty's
Attorney-General against the defendants, who were the
editor, printer, and proprietor of a certain newspaper,
called the Morning Journal. The information contained
several counts ; the first of which is, that the defendants,
on the 30th of May lust, published a false and malicious
falsehood of and concerning his Majesty's Government.—
The second count was, that they had published a scanda-
lous and malicious libel of and concerning the Right Hon.
Lord Lyndhurst, Lord High Chancellor of Great Britain;
and the third count charged them with publishing a false
and malicious libel, calculated to brine the Administration
of the country into contempt. There are other counts,
varying the forms of the charge.
The ATTORNKV-GENEILAL then rose and said, may it
please your Lordship and Gentlemen of the Jury. My
Learned Friend, who has opened this proceeding, has
-made-you acquainted that this is an information which I
have thought it my duty, in my official capacity, to bring
before you for your decision. Gentlemen, the information
charges the defendants on this record, with having pub-
lished a libel of a very serious character, one which, un-
questionably, as far as my humble judgment goes, could
not have been passed over without animadversion, unless I
were to neglect, as far as I was concerned, a licentious
attack upon every person of honour and rank in this king-
dom, and were to lend myself to the notion that seems very
much to prevail, that he who acquires office and dignity
under his Majesty becomes subject to the contumely o his
Majesty's subjects. Gentlemen, I know very well that in
every proceeding in which an attempt is made to put down
the licentiousness of the Press, it is supposed by some
persons that some secret attack is meditated against the
liberty of the Press. Those who take their opinions from
the periodical Press exclusively, might be very apt to form
that judgment : on that account it is that I beg to intro-
duce the description of this offence to you by two or three
preliminary observations, in order that the liberty of the
Press may be fully understood, and that those may be un-
deceived who suppose that any prosecution of this nature has
for its object an attack on such liberty of the Press. Gentle-
men, the liberty of the Press consists in the privilege which
every Englishman enjoys, of a man publishing every thing he
pleases. The history of the Press of England gave rise to
what was supposed to be an authority vested in the
Crown, to restrain his Majesty's subjects from publication.
Tile first Press was introduced into this country, as it is
said, by King Henry VII., and as that was a privilege
granted by the Clown, an opinion grew up that no one
lied a liberty to publish except by tug permission of
the Crown. That opinion gained ground, and became
more and more general, until it expired soon after the
Revolution in 1688. From that period it has been
fully understood, but I may say almost exclusively
in this country, that no previous restraint on
any sort of publication could exist by law; that
eve"), man had free liberty to print and publish what-
ever he thought fit, subject however to all the
consequences that might attach to any infringement in
point of law, in making a wanton attack on the charac-
ter of others, or upon the Government, by which the
publication is protected. To say that to bring to punish-
ment the abuse of this influence is an attack on the
liberty of the Press, is, in fact, much the same sort of
argument as if one were to sty, that any attempt to re-
strain murder or robbery was a restraint upon the arms
and limbs of any individual, because although the
King's subjects have a right to use their limbs
without any restraint whatever, yet they have no
right to employ them in a way calculated to
make an attack on the lives and properties of their neigh-
bour. In like manner we have all a right to publish what-
ever we think fit, without limitation, but that license is
not to carry us to the extent of making attacks upon hell-
viduais, or upon the institutions of the country. If, in-
deed, a general permission were given—if the law not
only permitted men to publish what they please, but
evinced a total freedom from all punishment with respect
to whatsoever they did publish, just see what the conse-
quences would be to tffe Press itself. At present, no
man who lives in this age can doubt, that the Press
has a most powerful influence over public and private
conduct, an influence that, when the Press is well con-
ducted, would be highly salutary, of the greatest import-
ance, and increase with the increasing education and in-
telligence of the nations of Europe ; but if it were once
understood that the Press should beat liberty, unrestrained
by any fear of punishment, to indulge in all manner of
abuse, that it was one of the privileges attached to the
right of publication, that a total impunity should be at-
tached to it, see what the consequences would necessarily
be: so far from possessing that moral influence which a
well-regulated Press must and ought to possess, the re-
sult of that licence would be, to throw the Press into a
state of degradation and contempt, which would certainly
destroy all its influence, and leave it to be considered as
wholly unworthy of all respect ; so that the praise, the
censure, the statements coining from that quarter would
entirely lose all character and influence. Those, thero-
fore, m ho judge rightly on this subject, those who are sen-
sible of the great blessings—and no man is more sensible
• than I am—of a free Press, must be anxious to keep it
possessed of that influence which the moral power of the
liberty of the Press ought to have, an influence which it
can in no otherwise possess titan by the law correcting the
extreme licentiousness which brings it into degradation
and contempt. Although I think I may venture tosay that
the publication I now bring before you is one of that nature
which, had it been permitted to have passed unobserved among
a variety of others, which indeed distinguished too much the
age in which it lives, would bare had effect of putting
every part of the Press on its own level; for if those who-
conduct the Press with discrimination, with decency, and
with caution, are to stand in competition with those who
conduct it in the manner this newspaper ha, been carried
en—eif they are to be placed on the same level, it is inapoe-
eible that they ean he treated with respect, but that they
point all be ereeted with the utmost contempt. Gentle-
man, I shall never be
either here or any where
*4O,
else, et any ;hoe, of avowing my owia oOtion, upon
a subject of this nature. I confese, therefore, poldiely
and freely, that I am one of those wit' think,
and leave frequently thought at various periods within the
last ten years, that the licence of the Press has been too
much unrestrained. I am free to say that I have thought
the wholesome use of the Press would have been better
ereserved, if somewhat more of correction had been es-
nee; interest, ; and that the particular period at
place, I to ty say, that probably
there sever l'lt‘tL•laTi'aattne'tt°:eltri the these of pehlie end
liecoine so'inuch"-a'ireile tai ett.'thrir. time.
The ptibliOatiO4 iilt.eetle4'is celled 'the M' fining'.
nal, There are three persees who are eleitged tvidi the
Itare„ce. I btlievethey are the proprietors—the reoet/iy
I)l.,,pieetois of this journal ; the one is a Mr. Clutch, and
Mr. Fisher, and a Mr. Alexander, who, as I ant informed,
is the author of this libel, anti the principal editor—a
c,• sees, Who, from the style in which he writes, of
tWhiet "eeeee rote but it is said he hiss beers
the author of - tiewv pater -th a te;i,..60-,;t':;1.„; e,;;e,ttry.
I .He seems to hare: thought thaaearye neent,:;•34heit'.pliieilt Lr
likely to be placed; in a station of elignity end :ben -iv, be-
mimes a fair subject for abuse, and among the resit my
Lord Chancellor did not escape. Now, Gentlemen, I
own it appears to me, that thou, p, r.;0115 W 13,0 are placed

in high and eminent situations, although their public con-
Juct may he very well exposed to discussion, yet it is not
to he considered that merely on account of their eminence
they are to have their private character introduced before
the public for the purpose of slander and abuse. It
is not because a man is a Minister of State or a Lord
Chancellor, that every jackanapes or pretender who can
write a newspaper, can have a right to attack him. Let
the public measures of the Government be publicly dis-
cussed, let them be discussed fairly and openly, and no-
body has ever ventured to deny the right to disease public
measures before a public forum ; hut I for one, will
never admit that, 'oecause a man becomes a public man,
you are to attack him, and reproach him, maliciously
and unprovoked at pleasure. The publication that I
am now about to bring before you is published
in two characters, it is an attack on the Lord Chancellor,
charging him with a species of corruption that would
render him unworthy of his situation, and the Lord Chan-
cellor could not but feel that the attack called for some
reprehension ; but, in considering the subject of this
libel I own, it app•rars to me, that the attack penetrates
much deeper than merely into the situation of Lord
Chancellor. The writer of this article, no doubt, intended
to traduce the private honour of that distinguished indi-
vidual, but he intended still more—he intended to hold
up the administration of his Majesty's Government
end:his Councils to public odium, by casting on them an
imputation that persons. are permitted to fill them,
not on account of their merit, their honour, and their
honesty, but from corrupt and un worthy causes. It was
at the period when my Honourable and Learned Friend,
who sits besides me, the Solicitor-General, was reported
to be destined to the situation he now so honourably fills,
that this publication took place ; and the gentleman who
wrote it, although I presume he knows nothing of my Hon.
and Learned Friend, and perhaps had never seen his
face, yet thought it impossible that his Majesty could se-
lect a gentleman, who by his own industry, his talents,
and his great learning, had placed himself in point of prac-
tice at the head of the bar of the Court of Chancery—im-
possible to select that gentleman to fill the high office he
now fills, without some corrupt motive on the part of
some one of his Majesty's advisers. If that be the state
of the Government of this country, that it is impossible
any man, however eminent his talents and character, can
arrive at such dignity and honour as to enjoy the privi-
lege of serving the public unless be gives some corrupt
consideration for it, our free Government, so far from
deserving the admiration of mankind, as it is said it does
deserve, merits nothing but reproach. Gentlemen, you
will judge when you come to read the libel what was the
object of the gentleman who wrote it. Whether it was to
cast a stigma on the character of the Lord Chancellor, to
degrade my Honourable and Learned Friend, or to throw
an imputation on the Government itself—in whatever
light you view it, the defendants are equally liable to the
punishment of the law. Gentlemen, I shall now state to
you the passage and the comments upon it. It is of the
30th of May, 1829. The leading article is this:—
" The appointment of Sir Nicholas Tindal to the
Common Pleas, and Sir J. Scarlett to the Attorney-Ge-
neralship, has already taken place. Mr. Brougham, we
understand, was offered the situation of Solicitor- Gene-
ral."—(Here Mr. Brougham, who was sitting next the
Solicitor-General, laughed heartily.) One is really sur-
prised how these gentlemen get their knowledge. And
what understanding this gentleman has you will see bye
and bye. The value of the facts he had to build his un-
derstanding upon I very much doubt—" but he declined it
in favour of the Rolls." The writer knows a great deal
of the world to be sure—(Laughter)—" to which he looks
forward, and to which he considers lie has ajust claim on the
first vacancy. Mr. Sugden is to be Solicitor-General." Now
this gentlemen is in possession of more secrets than any one
of the Cabinet Ministers. " The reasons which led to this
promotion are really so natural, that we beg leave to ex-
plain them as Sterne would have done by the mouths of
his inimitable Uncle Toby and Corporal Trim." The
reason of what promotion? The reason of Mr. Sugden's
promotion to the Solicitor-Genetalship--and then he
gives the fallowing dialogue between " Uncle Toby and
Corporal Trim."
" ' Uncle Toby—lt a Paymaster, or a Barrack-master
lend money to his Commanding officer, what should 1 e
expect?
" ' Trim—To be promoted of course, your Honour.
" Uncle Toby—lf a Captain, a tall broad-shouldered
fellow, for instance, who has married a rich dowager, should
lend a thousand pounds to his Colonel, what does be
look for?

"' Trim—To be made a:Major the first opportunity; and
as your Honour knows,:God bless you, to be placed in the
way of higher preferment.
• "` Uncle Toby—And if a Major should lend his General
all his fortune—say thirty thousand pounds, for example--
what then ?

" ' Trini—To be placed in the General's shoes, your
Honour, before the end of the campaign.' "
Now comes the remark of the Editor upon this libel.—
" This is, we admit, quite satisfactory." Satisfactory !
In what sense ? Why, in the sense in which he intro-
duces his reason for Mr. Sugdeu's promotion—" There is
reason in this merit." What merit? Why, its the merit
that the individual who is the "Learned Personage"
mentioned here, should, for the advance of thirty
thousand pouusls, appoint Mr. Sugden to the
Solicitor-Generalship. "And there is point, too, in
the argument which Mr. Sugden and another Learned
Personage trial be at no loss to comprehend." Now,
Gentlemen, let us pause here for a moment and ask our-
selves what other possible meaning this waiter could have
had, or rather what other possible meaning those who
read it could attach to it than this, that the cause of any
Learned and Hon. Friend's promotion is that srciee of
promotion pointed out in the - libel—that he has lent
30,000/., that there is reason in that merit, and that Mr.
Sugden will understand the point of argument, and that
also another Learned Personage will understand it. Now
who is that Learned Personage? I believe no man who
ever read this paragraph entertained a doubt that the writer
meant to point to the Lord Chancellor; awl 1 will show
you by and bye, by another passage, that he really did,
mean to point to the Lord Chancellor, iu order to give
currency to some scandalous reports that that Noble Lord
required pecuniary assistance—a report which he, I sup-
pose, and his coadjutors, took pains to circulate for the
purpose of detracting from the honour of his character ;
and you will see how, having introduced this into the
Leading Article, he who reads the other little part
will attach meaning to that Leading- Article. It is a
very vulgar opinion, and the gentleman who writes this,
will excuse me, if I do not exclude him from the number
of those who entertain that vulgar notion, that the Lord
Chancellor has a great deal to do with the nominaticn to
the office of the Solicitor-General. Now those who read
this, and who imagine that the Lord Chancellor is the per-
son who is mainly concerned in making the appointment,
or in getting the promotion, would naturally suppose that
the person who procured the promotion was the person to
get the pecuniary consideration ; and to whom else
can you apply it, but to the Lord Chancellor ?
—My Lord Eldon, we all know is a very
" Learned Personage,"—ne man more so—but the writer
could not mean him._ He could not mean the Noble Lord
who presides on this occasion, because nobody would sup-
pose
that he could have any political influence with respect
to filling the situation. Who is the "Lest ned Personage"
then? Some learned personage there must be, according
to the understanding af the writer, who, it seems, will un-
derstand the point in the argument, and Mr. Sugden, that
is, any Hon. and Learned Friend, who is promoted to the
situation, he will understand the point in the argument and
the merit of that promotion which any Hon. and Learned
Friend was then supposed to be destined for. And again,
although the dialogue is put, as it were, between two mili-
tary men, yet you know the character of a Commander-'
in-Chief, by an easy transition, may be applied to the
Commander-ineChiel of the profession of the law, as well
Ifs the Commander-in-Chief of an army. The Corr,' al
is speaking here of promotion in the army, -1)0 the writer
means to apply that to the law. Therefore, with re-
spect to promotion in, the army, the loan of 30,0001.
would enable a Major to he platted in the shoes of hie
General before the end of the campaign. In law you would
naturally soppose that my Honourable and Learned Friend
twhoeuLldorlide Chancellor now end
dv
btlyel lat.') fliglutth,egietll;4“tp3nti,ll-}vat,hizetho
doubt may be left of the intention of the writer, let us tra-
vel to another part of this paper. Now I will suppose
that any hotly who read this should consider that it is some
lawyer, some legal personage, who wants this 30,0001. and
who has applied to borrow it, and that he imagines that
individual to be the Lord Chancellor: then we shall turn
ro-.;nd to another part of the piper and see how the writer
paititi it out wzzin. Under the head of Gossips of the
Dey'-tliere'lis ni:titie.--1' 'r.,.
" LET IT STAND OVER TILL NEXT SCSSIONS.-Thi3
Parliamentary cant term, whiith has been 'ad chnatantly
has lately
laingteatl
great legal Lord
beenusti by yd
ooputre
(none raansot itnhaetri or,
0,
uvsace,i 1 Itaht3i it) goAf
and Lady who are so much sought after by mania loud
single knock visitors, that the servants, to save themselves
time and trouble, have hung Imp in the hall the following
1
vii.,ii,c. :;;1:w:,,,r :—.7Let it stead over till the next Session."
4--fti3gl'i:'er:;
all isricatkve:eaktle
itulsmeisticuatZplavtia:igcridapploisttxto:y:ticieue,thaemitiii r teali ret:i 1
gentlemen, to whom you would apply them ? He first-of
1

ing of it, can doubt, is aimed at the Lord-C3mPcaq
and then by turning to this paragraph among diva`u-7,
of the day,'' you find an allusion to a legal Lord, as
called, and Lady—a legal Lord and Lady, both
are represented in a stare of Pecuuiary distress, and there
fore to whom an advance of 30,0001. would be a great:Ct;
commodation. Why, gentlemen; I think it is impownt
read these two paragraphs without seeing that they referre°
the Lord Cbaneellor, and if any man were to swear 11
self black and white in that box, I should bear bit 0..„..,
I should not prefer his statement to your judgment. ,
right had this person to pretend to a knowledge
of hw
Lord Chancellor's private affairs ; or if he did itsicof
pi ivate affairs, what right had he to hold them forth I°
the public for the purpose of attracting censure
that Noble Lord, and of insinuating that be 'would °cu.,
from corrupt motives in introducing a gentleman into "
Majesty's service ? Whether he meant the Lard Chi!
cellor or not, whether he intended to aim at any b,
• dual in particular or not; whether he will say to-dal'-in'
himself or his Counsel, he bad no specific individual it;
view or not ; whether be will attempt to persuade•ru,'"it
that belief er not, I will ask you whether you tbina ,
any thing but dishonour and disgrace to ,his , Alajetrio
Councils, that the mode of obtaining a high.
vacant situation in the administration should be 4140
ing 30.0001. to any man living ? Or what, .1, sbau
ask, niust his Majesty think of his subjects, if therreeoul;
mended the promotion to him of any iudividual on seat
grounds? It is my humble opinion, gentlemen, you vi
consider it a reproach on the Administration and Gave'ment of the country, if such a thing could
exi.t. When you come to consider it -manr yrytir'Sell'i
would it riot be a matter of reproach and 'co:deal-MO WI
If so, what is to be considered of it if it he liliellotre;-if
is false, and totally without foundation ? But it d
not because a thing is false, that Man utitsY,
be as foolish who reads it, as the man ivr°s
it. There are many persons who tiki altar *at;
from newspapers ; and as long as one-part 'of lo
Press is conducted with honour, it is an. iuktry done ,
vGrt
ohoedanul :tecylee,cmuionducted in the way in wlijoli ah 4-14411
that part of it to permit a publication like tins Moroi"
Journaldone.th.an
reee introduced
etiniiiilsllubbaTveciellttotondoyetocuidtioityupboonule
o)11
in your honest opinion, the words of this paragraP or
to throw on the Lord Chancellor motives of corruption,tos
fasten odium on his Majesty's Councils, by insinuating to
a
promotion to a high place was the 'result of.eottillit
and improper views? In my humble opinion, it Will :a
for you to pronounce your verdict in the affirtnOve;
in one word I have dune. So long as the task of reel;
ing the licentiousness of tbe.Press is placed itiihetourf
of a Jury, I feel perfectly satisfied the publitputefees-
safe, and the Press itself has its best security.
The affidavit from the Stamp-office, proving the posit#
cation and proprietorship was put is and read, •._
The libel, contained in a copy of the Morning Jatorro
'
dated May 30, 1829, and purporting tcobe- print
John Fisher, was also read.
The patent of the Lard Chancellor was tbeu provigl•La
The two patents, the constituting Sir Edw. /.3uirtenso7o
Sugden King's Counsel and Solicitor-General, Were .„,•
proved, together with the Gazette in which the.apr".
ment was pblisd.
Sir N. Tiundallh,e the Lord Chi f Justice of the CoUl'r
Pleas, was the first witness called, and examined by

B11,01:411 AM.
Has your Lordship read that paragraph?
Yes ; I have read it before, and I have heard it sr,s4l,i,
Who does your Lordship consider the paragrenh
ludes to ? My Chancellor. ts wisit
Lard TZNT OMENL Does either of the de&ndan
to ask any questions?
Mr. Alexander declined to ask any queation. Lord_
Mr. Baouonam—( to the Court.)--Will your•f Justice
ship be kind enough to ask whom the Lord Ow ?
considered the words nth, r learned personage" ailed t°
Sir Nicholae Tind.l —To the Lord Chancellor,
think so, from the subsequent part of the paragraph, 3'
from the general structre of the paragraph.
Lord Bexley called,u and examined by the Arrolol
GENERAL—WiII your Lordship be kind enough to
whether you have read those paragraphs?
I real the paragraphs some months ago, but I 'do not di;
tinctly recelleet, although it was in a newspaper, witeti,„l
it was in a copy of the Morning Journal, or its
other Paper, which purported to Lave copied it 'n'eis,
the Morning Journal. I have also heard it read this 0,,
Hiving heard it read to-day, will your Lordship;
good enough to say, in your own judgment, whom (1°)?,
understand to he meant by the .‘ other learneilpereonagielor.
I believe it to be intended to mean the Lo
paragraph rd Ciihe'" to oak
Mr. Alexander—Will your Lordship •
you in what Paper you reol the
butam not
I bel eve it was in the Morning
certain it was in the Morning Journal, but I thus' W
dye
in some paper which professed to have copied it fi,u,rni„rte
Morning Journal, as I am not in the habit of reLst'ef
Will you allow me to ask what confirmed your
that it applied to the Lord Chancellor ? sod
BCCall'e taking the paragraph in its general seose'ver.
particularly the expression, the " other Learned I
sonege," could not apply to any other person.
Is there not any other learned person to who.' er
krill General would ha applied more appropriately tbi°
toy Lord Chancellor? id
Lord TENTELMEN—Is the word General conta'
the persgraph ; isn't it Commander. in-Chief ? oti
Mr. Alexander—But your Lordship will find the
General as well.
To Lord Bexley—l asked your Lordship to iowr-beat
if you can conceive any other learned person to
the tern General might be applied?
1 conceive it might be applied to the Attorney- s-•-• pee
but it would be by a sort of equivoque—a Play epee
words. Ido not think that he would have been the „' fur
son who would recommend to his Majesty any Perms
the appointment of Solicitor-General.
exam'
The Mister of the Rolls was then sworn, and exa,4l4
by the Soracrroa-GxNease—Will you allow me to
whether you have read that paragraph ?
I have real it carefully before I came into Cour°t.tper
can entertain no doubt whatever that the term bold
Learned Personage" is intended to apply to the
Chancellor. no`if
Cross-examined by Mr. Alexander—Does your elieeli
recollect the time when this paragraph was first
l'ic tb°
when your Honour first noticed the paragraph vr
Solicitor-General has called your attention to ?
As I never was in the habit of reading the 3.1°- two
Journal, I never read the paragraph until this last
days. it iOl
Where did your Honour first read it ?---Watj
newspaper
I first read it in a manuscript copy that - OP"
two days ago, with a view to my giving evidence ia
csse.
Is your Honour in the habit of readily: the nowsiT
Some newspapers, but not the Morniug JourAaia " th,g
Did your Honour not hear of the proceedioo
Court on the 19th of June last ? Or°
I observed generally in a newspaper that t.e-
some proceedings of this sort.
Lord TENTRane-N—The witness can't be asked sr
has read in a newspaper which is not now in Court' ecio
Mr. Alexander—Who sent your Honour the man°
copy to which you have alluded ?
The Lord Chancellor. rekr
Has your Honour ever been told that this art;eir tti
° tp
the notice of the Court, that the application of it
Lord Chancellor had been denied by all?
Lord TEXTERDEN—Then we must have the
Private evidence cannot be given of a written doe
whether they will be evidence when they are Prts"u''
another thintr.
Arrottsrev-Gmexuar.-1 have two objections. 'FY goo
Mr. Alexander then declined asking any further q
lion,. pie
ly
Mr. Baron Vaughan sworn, and exernipea
GuaNr.r.., bees
Has your Lordship read the paragraph which JO
read toaday ? I have.
Did you happen to read it at the time of its pou,-,lotti
Immediately upon its publication, or very rece°t''„/,liv
To whom, in your judgment, is intended to or
he
h
tiro words and tile Learned Personage," ja
to
graph ?
I had no doubt, when I real it, that it ryas jaw
be applied to the Lord Chancellor.
And does your Lordship still retain that opini°
It was a very strong opinion of my mind when pie
read it, and as often as I have heard it read since I
been confir:d in my opinion. ova'
mßy Mr. Alexander—When was your Lordships
D,
tin heft eei'ed- to ii.regra; 111' ; .
MY atteUtinn first callefftdie when i tart re 3,,
At what.) cried? • „aijtr
Load TENTRaDEN—III9 Lordship says intr
after tl.e publication in a newspaper. io
Mr. Baron VAUGHAN—I think.l read it pito
Morning Journal, although I am not in the ha
reading that Paper. egot
Mr. Alexander—Was not a manuscript copy
Your Lordship's Office? Yes, Sir.
11i1Vs. tpAt
I hy the,Lard Chancellor, the day before yrt-e:u •co
1 Wheu did your Lordship arrive at the conc'

the - .
• •
ew:woes contained in that paragraph applied to do
Chancellor arid the Solicitor-General. Ou what did
lett faunri that belief?
It could but apply to them, for taking the paragraph in
tp general sense, and •also qualified by the ter.n " Learned
Cati et. it did t ). I to any other person in the an no
al"
..414'it application did you make of it ?
know that I exactly understand your question.
j•th'• Alexander—l mean, what did you understand the
P„.4ragjaPhto. impute, what charge did you think it can-
against the Lord Chancellor?
saying that it referred to the appoint Kent of a
-11--C appointment is vested in the Crown ;
.o:•°".intnerfliii was in the Cabinet ; and although
PP",rnment is vested in the Crown, yet that a Law
t would never be appointed without the advice of the
Chsneellor, who was best calculated to know the
ilea of the person to be appointed.
1)°04 your Lordship conceive that there is not any other
dher in the Cabinet to which it would lather apply
t"llin to the Lord- Chancellor ?
know that no person could be appointed without
ulting the Lord Chancellor, as to who is the fittest
v"..„‘on for the offiee, and it would he his duty to conanu-
luaatetuelt information to the Crown.
.:11.-exambied by Mr. Guiteev—l rather think that the
'Prhaei
Pal -point of the question is what imputation your
`"hip considered-the mention of 30,000/. to convey
nrou44, the Lord Chancellor ?
atnierstood that it conveyed the imputation that the
d'Cltancelior hail been induced, by the luau of 30,000/.,
'Le.°l°ml the Solicitor-General to -the office.
..1'
d Holland sworn and examined by the Arroamtv-
- 111a41---Did your Lordship hear Mr. Bellamy read
Paragraphs eontaiaing the libel? -
•
To
whoM does your Lordship think the worda " other
—.rued Personage" apply ?
111 My Lord Chancellor.
1,
Alexander declined asking the Noble Lord any
-911eitatnik.
aailliato Courtenay, Esq., M. P., sworn, and examined
r‘tar. Atnxeson. •
"%k have heard the paragraph in the beginning?
'.'iti-4.42tte-iince -read it "shortly after its publicatiora and also read
To
;limas' does the term, " other Learned Personage"
?.
I L-'
althreered'at the time I read it, that it was meant to
l'ar to the Lord Chancellor, and I am confirmed by read-
-
That is your present opinion?
'that is my present opinion.
lir- Alexander also declitted asking this witness any
(Poeitians.
Williew Aston' Esq. M.P., examined by the ATTORNEY-
beIiew, Sir, you are Chairman to the E mat
I COW pww ?
am Deputy .
Chairman at present.
1.)"1 you read the piraeraph in question ?
have read it, certainly.
:*tat,..r° Whom do you believe, may I ask, applies the impu-
• "441,. Mentioned in the paragraph?
appeared to rue that the term " other Learned Per-
-4g en could apply to no other than the Lord Chancellor.
e 1.4111% Abraham RAerta, examined by the Scoactron-
„Raee—Have you read the paragraph which hes been
1
14":1e.this day, beginning with the words "Mr. Sugden ?"
xl'9 Whom d 0... you conceive the term " other Learned
11"age6t when I read it on the day it was pul.lislied—
me;.:l24 time I took in the Morning Journal—that it
apply to the Lord Chancellor.
;41..4"j'" you still retain that opinion ? Unquestionably.
e.„eja Coast, Esq. examined by Mr. GURNEY—Mr.
yi'm are Chairman of the Middlesex Sessions, I be-
- I am.
a.Have you read the paragraph in question ? I have.
_4.o'whorn, in your judgment, dors the imputation con-
; 744 4 in that paragraph apply?
:I'o the Lord Chancellor.
i?4l4ir B. Richards, Esq., examined by the ATTORNEY'
IXtRAL—Mr. Richards, will you allow me to ask if you
r,,esd the prra;rapb in question? I have.
AccOrdin. 'to your understanding of that paragraph, to
mt,
" dad you apply the imputation contained in it ?
`-" th* Lord Chancellor.
was the plaintiff's ease,
""- Pot.r.ocac then rose for the defendant, Mr.
'`imtch. a He stated in the outset that he neither ape
„ le_Weed for Mr. Fisher nor Mr. Alexander, only fur
aret
Gutch. He observed that it had always been
"temsary in such cases to prove the publication of the
fort it could be proved to I.e one, and he appre-
ambrhk. --that he should lie entitled to the verdict of
~..any 7411 upon that ground. Ile 41i41 not mean to cast
"InPutation on any one in the least degree. He did
• I_He4° to prejudice the defence that his Learned Friend
At' '"arstow might make fur his client, or that Mr.
rt'-!t °der might make fur himself. But what he meant
• itt' teod was that his client must be entitled to a verdict,
bade ground of there not being prima facie evidence against
14:1 a any participation in the publication. His
ned Frieud, the Attorney-General, as is usual in
ei.7"t of this sett, had thouaht it right to say one word
44 two about the liberty of the Press. In his
rued F, iend's panegyric be most cordially joined,
41, e. did nut. so h.eartily coincide iu the neces-
°l arnerary interference in this, any more
WD la other kinds of property. His Learned Friend had
:,44 that the liberty of the Press was important, in order,
ti,itte termed it, to prune its luxuriance and to check its licen-
,22'nies. Ile trusted, however, that the Jury, in the present
L'" against Mr. Catch would be feelingly alive to the be-
cgt'af the liberty of the Press. It had been well observed
14 11,Writer on the Constitution of England, whose words
ee -"eft, he might almost soy, embahn,d in the minds of
• Politicians—he meant the words that were to be found
14 the „
• th_ Letters of Junius"—that such was the value of
et: Liberty of the Press, that if, in a despotic
I..lllltrY where no law prevailed but the will of the Sove-
, 4103. there could be found some sanctuary from which
aruitiuients and opinions might issue, free from restraint,
Z;
u. 43 it were, under the sanction of religion, that such
44'nl arid sentiments would of themselves establish
,1
ui-ne freedom in that state, by meeting with the sympathy
enjoying the support of the people. In some cases he
e0111(1 rat V,Ut
It admit- that arbitrary interference was neces-
p Fur instance, the right of the t.vo Houses of
4lianxent to commit for contempt, when their just
Ithts are violated, arid also the right of a Court of
Luesttiee to prevent any person froin disturbing order within.
tile Jury consider the value of the liberty of the Press
iislteatte hand, and probability of abuse on the other. Let
41 look at the advantage than derived from the publica-
tte of men of genius and the records of past
'ls and of men of science and learning in all coun-
ty", and he believed there was no man but
tautid feel that it was a privilege which ought
ed t, Carefully presv. 'f he remarks of his Learn-
erel the Atteorrneedy-General applied to encyclo-
te„tiu, as well as to toopsines and newspaper', to the
oryearo, as well as of svhat occurs from day to
-and they would still further know the importance of
e3ttestion they had to judge. He did not know why a
ii7laction. should be drawn bet Ween the proptittors of
•e4rY Productions, such as he had mentioned, and his
bl/4 ant, Mr. Gutch, the proprietor of a newspaper. He
.04:1_14 produce circumstances from which, by the law of
m(1. he ould ost certainly b e entitled to their ver-
,. RC bell eved re mr, because he should show that his
htd_
.t had nothing whatever to do with the
iv• h'ltion,—that he had nothing, in truth, to do
the article,—that be was free from all inten-
ILL' floral all blame, all malice, and all guilt. Knowing
11,47 114 st is the law which relies on the truth and justice of
rt,ire4u'e, he should rely with confidence on their decision,
ta th th had heard the evidence which he should present
"°.ey He informed them...a-and he had no doubt his.
4°1'4,1'
.14 • "P would confirm his opipion io his charge to7day,—
peZ:hF• was taken as prima facie evidence when unopi
.444 be considered very differently when oppose(
tie"e"tradieted ; and if prima facie evidence was
41 opposition to it, the defendant would be
hve,„"44l, to an acquittal. A different doctrine had
etia r • would contend, was
Aiett down since ; but that, he
Jt4„.•eY to gnod "ewe, and every principle of late and
ti:".7,* In--support of life opinion, be would cite the case
of Pal tiler : that ea:,.e was for 'the' pnblicatton
re44:`,3gazine, (Sr something of the sort.' A more revert
.
ki„"wever, had occurred the other day—be meant t.a.
e. Muiray. Both those caL-S warranted him in
that it WM competent to a defendant to show that
n"O'ing to do with the publication in question. It
thea.r-ittr fed( evidence against him to prove that the
eboitetien question was• u!,lis4ed by •hia .11E-avant as
. tlmst, 'hintse/j: But it- 'wee cdnipetent. to contradict
11,1ttiq ehowing that the defendant was at a distance, con-
field, to his house on his bed by bodily ailment. Lord Mane-
▪ `bcl Mr. Justice Aston had laid down the same doctrine,
the 'oth confirmed him in his view. So would it be in
It! "4. -Prima facie evidence had been adduced against
trot, 'nth, and lie should be prepared to prove the con -
e:ft; life should show that Le resided at Bristol, and ;
Ifizu4:4l'"U On earth to do Hai the errie.e ::uestien.—
''lises.:-'l4°to ,bee.t disqainieci -by Mr. Guteit iii thi•
%quu it was presented to time Court in another

,-• , •
shape. Mr. Guteli.}Fas,iigßtistol at the time, and entirely
ignorant of it.. The ;Le:awe] Gentleman then went on
to cile some cane, iii .suppert. of his position.—
He knew that Guteh was convicted, be enehl carry
it to the Thatse. of Virds. It 'lied been &Med by the
authorities, except, nth win the case of a "inistlbby; that any
aervant or other person catryi:i a letter whieli-ceriteineel
;Rid. he was legally reapettsible, although that person
might nut be able to send or write. When such a case
once came.before a. Jury, they lamented that they were
obliged to convict, and recommended the their Attorney-
General to. relinquish the prosecution, by withdrawing a
Jury which he consented to. And he (Mr. Peneek)
would note ask the Attorney-General of the present day,
if he could for one moment think that lie should sacrifice
his duty in adopting a similar course with respect to Mr.
Gutch, fur it never coul4 be contended for a moment, that
that gentleman had any actual participation'. in the
alleged libel. He knew there were some more
points to which the Attorney-General could allude,
but he also know his. Learned Friend's public and private
opinion in cases not only where the liberty of the Press was
concerned, but in All others, was to look at them in all
their bearings and wish fur them to be cited according to
their merits. The Learned Counsel then alluded to several
cases where the parties pro'ecuted stood in the same situation
as Mr. Gutch, particularly to one in which Mr. Jones, a
publisher of St. Paul's Church-yard, was convicted and
sentenced to twelve months' imprisonment fir a libel on
the Russian Ambassador ; shortly after that sentence was
pronounced Lord Erskine, in his place in that Court,described
it as the most infamous judgment that ever dise raced a Court
of Justice, Mr. Jones being, at the time the libel was pub-
lished, on a sick bed in the country. "I have thought of
said. his Lordship, " as I.lay on my bed, and have
started from my sleep with honor, I have slept again, and
'again have I started, and on my death-bed shall I view
such. a proceeding with utter abhorrence." And this
(continued Mr. Pollock) is the law, that is called
the perfection of }stamen reasoning ; be .should wish
a just principle of Jaw to prevail at all times ; he
wished for no proceeding but what would receive the
approbation of all honest men. He would now call
their attention to . a few cases, to .show how easily
.an innocent persten might be lad astray. . Suppose a
man prepares an article of food in which he mixes poison,
and he then orders his servtant to carry it to his neigh-
bour as a present, the servan replies, and the murderer's
design is completed. Would any man of common sense
consider that the servant was culpable, or feel at all indite-
nant at the part that he took in the transaction ?
Such a conclusion never could be come to, except in
China, where blood calls for blood with such blind unre-
lenting fury. Would he not rather be thought of with
commisseration and pity, and who would ever sup-
pose that the servant had ever been guilty of
murder? And yet in the case of an errand-boy,
who could neither read nor write, it had been held that
he was legally responsible for the lines which he con-
veyed. Hail it riot been for the respect he felt for the
Bench, he should certainly call such a decision nonsense.
He wished to treat the venerable Judges with all the re-
spect their situation called fir, but when he heard
them pronounce decisions fraught with so much injury
and evil, he could not help von utterance to his feelings.
Ile hoped, however, the warmth with which he did it
would not lose its eftiect with the Jury, but that
they would coolly consider the verdict they were
about to pronounce, and that they would administer
justice. There was no foundation in the Attorney-Gene-
ral telling them that this was a libel in law, fir there was
no established rule to know what was a libel awl what
was not. Suppose a person offered to buy a share in a
bookseller's shop, and although he took no active part in the
business, yet, according to the Attorney-General he was
liable for every work published in that concern. lie
knew that he was liable to all losses ; but suppose his part-
ner was to commit forgery, and by means of a forged
power of 'attorney, this person himself, not know that the
power of attorney was forged,was to proceed to thellank and
s• 11 out stock, would it not be an insult to common sense
to suppose that he could be convicted of forgery ? The
Learned Counsel then iits:anced several other cases of
a similar description, and contended, that he wished the
Press to be protected by the same rights as other property.
Why should the Press be picked out for punishment t
Why should it not have some certain rule of guidance ?
The present law was defended on its expediency, but he
thought that a poor excuse for suffering such an unsettleed
state of things to exist. The Legislature ought clearly
to define the law of libel, and he should like to see their
individual recorded notes on such a measure. He could
fancy his Learned Friend, the Attorney-General—standing
in his place in Parliament, and prepoeinse a Bill to the
following effect:—cc Mr. Speaker, I hold in my land a
Bill, of which the preamble is—' Whereas, knowledge is
power, and power is dangerous, be it enacted, that from
and after the date hereof, that all publications, either
periodically or otherwise, which diffuse knowledge, shill
bedeemed guilty of a m'sdeineenour and:punished according
as this Act further directs."—(Laughter.)--And, said Mr.
Pollock, it would not be an inappropriate title to call it a Bill
to Prevent Useful Knowledge.—(Laughter.)—Newspapers
were an invaluable property, and if a person devised such
a property to his children, why should it not be protected
in the same manner as an estate or other funds? Why
should there be a different law for this species of
property ? The Learned Gentleman then proceeded to
contend, that there ought to be a fixed law with respect
to libel so as clearly to define it, and concluded with saying
that Mr. Gutch knew nothing of the present libel till alter
it bad appeared, and therefore could slot be held legally cri-
minal. If the Lord Chancellor sustained any injury by the
publication let bins bring his action, and Mr. Gutch would
meet it, and willingly pay the d image which a Jury would
sword for the crime of being a Newspaper Proprietor.
Mr. Bees Tow, for the defendant Fisher, said he wis
instructed to take no psi tin the present discussion. His
client would rely on the individual ftcts in his favour, but
as this was not the proper time to state them, be should re-
serve himself for another opportunity. In doing this, he
hoped Mr. A!exander did not considerit tended toprrjudice
his cause. He would now, however, express Mr. Fisher's
sincere regret for what had appeared, but was not now in
a condition to ask fur terms of the Attorney. General. He
hoped his Lordship would take a note that the defendant
Fisher did not go to the Jury.
His Lordship said nething, but made the note.

Mr. Alsiander then rose, and commenced in a low
tone. He said he appeared before the Court this day as
his own advocate, for reasons which he would hereafter
disclose. But before doing so, he would proceed at once
to consider the criminal case brought 'against him by his
Majesty's Attorney- General. Perhaps the Jury were not
aware that it was now nearly one hundred years since any
prosecution of this nature was brought by the Law
Officers of the Crown against the public Press. From the
time of Lord Chatham's Administration, including all the
intermediate ones, down to the Administration of his
Grace the Duke of Wellington, no defendant had been
charged with a libel tending to bring his Majesty's
Government into contempt. Under such circum-
stances, therefore, he had many difficulties to encounter
in offering a few facts to their consideretion not being
able to refer to any similar case. This prosecution was one
of peculiar hardship. All former publications of
a similar nature as the present had been treated
with forbearance by former Ministers. The con-
clusion he therefore Caine to was, that we lived in
more perilous times, yet it was a time of profound peace.
We had no foreign enemy, why then should a liberal
Government lend itself to crilsh the press of a free country ?
Much severer articles had been written in former titnee, but
the then Attorney-General did not think it necessary to
uphold the dignity of the Government by instituting
proceed;ngs which must crush humble individuals like
himself, for what he had written out of the
purest sentiments. The object of the present pro-
secution was to destroy his property and take away
his liberty, and, perhaps, put an erd to his eeistence.
But when he had dpne, hop' the 4url wo-irime step
in betweep ltitn 'and the GovernMent, and gtve him a
fair and honuurable aceuittal. In pursuing his
line of defence his first proposition was to spew that
we did not live in more dangerous times than formerly.—
Some of the Jury would recollect the troubleseme tinter
of thirty or f mrty years ago. They woublrenientber that
at that time there e;cistcd correspoAcling emmeikey,
and some of the persons whom he theme say'beforelifu,
Were metimbet's of that society. Then Oleic was the French
ecnvention-e-the Mutiny at the'Nore—the Gordon riots
—the Spafiehr4 riots—the Cornierrr riots—the country
riots—these times were catnparatively troublesome, and
the Government brought forward measures to suppress
dangerous associations; but the means they then made use
of were much milder, and theme was none of that eteer:ty
practiOd as in the proecediege ega,ast hiee rfLeetlre!as,
too, attliet Waellnwh ;Maw eiojeat ; it rove's' wee
conducted with' less asperity titan at prtsilit. IP OW'
tLe difference, he would cAll alo'Uo" to b"-
portant trim----he in when her late Majesty Was brought
by a Bill of Pains and Peeelties before the House of
Lind-. The Jury would recollect that period, and
therefore he would not trouLle them with entering in:o the
disgusting statetnente with sylmielt Pees:: Veen. it:mended.
It was tree somee pT:m t :t t; (l; p..-seci,,tett,:hitt.the pro-
seen,ion et it yerldikier.ent nature to the present.
Not one of the defendants was brought to the floor
of that Court, charged with Lnim99 eine the Government

into contempt. The greatest rie prevail, t.
best persons, and the litte:t of chem Leers were iiimetleml,
in the most scurrilous nutuner, vet the Attorney-General
brought no charge of a criminal nature eg inst them.
The Jury were perhape aware that the cemreependentamf
newspaper was equally Neale to a criminal prosecution flat
any intelligence he might pstmenot to be inserted, with the
Editor hitnse:f. Every individual Connected with the
supplying of news was equally responsible. Could it be
expected that the Editor of a newspaper, whose
business it was to supply the public with intelli-
gence on every subject, and to remark on every
transaction of the day, could examine different
works fur the purpose of ascertaining how far he might
go ? He would, however, call their attention to the lan-
guage of the press 4.0 years ago, and read to them a paper
published by one af the most excellent writers that ever
adorned this country—he meant Junius. He then read the
letter of Junius to time Duke of Grafton in 1789, libelling
in very strong language the Government of thet d ty, (and
which occupied nearly half an hour.) Such was the
language of the Press forty years ago, yet the author
of that letter was never prosecuted. Their own
knowledge and experience would tell the Jury Ow di; not
mean the language)—hut that there was nothing in the
Journals of the present day half NO severe. Yet, amid the
Attorney-GeneraLthe licentiousness of the press was so great
—itwes so calculated to bring the Government into contempt,
that he felt bound to institute several criminal prosecutions.
He would ask the Jury, bow was any body to conduct a
newspaper? There was no prescribed law for laic govern-
ment—there was nothing to tell him, " hitherto
shalt thou go, and no further." 'there was no
landmark, yet he was expected to judge of the writings of
himself and others, whether or not the law would designate
them libellous. Ifs they looked at history they would
find many instances of much stronger language than
he had made use of had been used. He had given
them a specimen of what took place forty years age.
He would give: them one of more recent interest—he
meant the speech of the Late Master of the Rolls, in
Ireland, by a gentleman learned in the law, who must
he presumed to know the law, even to the splits of a
hair, and who, therefore, possessed great advantages over
the Pm'ess. Mr. Curran took great libertiese and talked
with much severity of the characters of public men, and
that too often before their faces. In a speech
which he made 17 years ago before the Lord Lieutenant
any Privy Council of Ireland, he spoke with the greatest
severity of the then Lord Chancellor. He called him a
little peevish old man that was blind to the force
of any argumente—represented him as a wretched being,
who, for any paltry consideration, would violate the very
best principles of the Constitution ; that he was the veriest
creature of profligacy and avarice ; and this too the Jury
would recollect was spoken of the Lord Chancellor. (Mr.
Alexander here read Curran's speech at length.) He did
not wish to take up more of the time of the Court by
showing that the style of writing indulged in by former
writers was more severe, though not punished. Mr.
Alexander then alluded to extracts from the works of Lord
Bolingbroke, Lord Horace Walpole, and the Edinburgh Re-
view,
all of which he characterised at, more severe than
the pub ieetion which grave rise to the present proceeding,
and contended that the public prints were now conducted
with more candour and less virulence than at any fermeer
period of history. His next proposition was to skew,
that considering the state of the country—the settled state
of peace, there was little necessity for any Attorney-General
to commence a crusade against the liberties of the Press.
The Gentlemen of the Jury would recollect that about the
period to which the publication complained of re-
ferred to ceents that never would be forgotten
by the monarchy—events of an extraordinary re-
volting nature took place. When he became connected
with the Morning journal, he thought it consistent with
propriety to place his opinions open record. lie then
laid down a solemn league and covenant with himself, by
which he would stand or fall—and by that covenant
he now would and should stand or fell. With
the consent of his partners, to the number
of six or seven, he drew up time address which
appeared on time first appearance of the first number of the
Morning Journal, and which he ehould read, with the
permission of the Court, to the Jury. It was dated
oa the 4th of October, but it appeared on the 6th.
Mr. Alexander then read the address that appeared in
the Morning Journal, anti then continued—That, Gen-
tlemen, is nay political feeling, and with that I set out iu
the conduct of this Journal. It received the approbation
of the gentlemen who were connected with me, and in ad-
vocating those principles, and in adhering to those princi-
ples, if I have been endeavouring to hr big his Majesty's
Government into contempt, I must have been associated
with men of high character and honour, in concoct-
' ing this seditious paragraph, against whom the breath of
slander has never yet been passed. Gentlemen, I speak of
my late partners with the deepest respect; I know them
to be honourable men, having nothing in view in
patronizing this Paper, but that of maintaining the
property which they had purchased from an able gentle-
! man, not a member of this bar, but of the bar,
and the further object of supporting me in those prin-
ciples which I avowed, thinking, as I did, that I did right
in acting on them most conscientiously. To show you,
Gentlemen, that these were not my opinions alone, but that
they were laid down for the guidance of this Paper, long
before I had any thing to do with it, or was in
any way connected with it, I shall take the liberty
of reading to you a set of resolutions entered into by my
late partners, and directed to be sealed up and pieced
in an iron chest, fur the purpose cf showing on
what principles the Paper should be conducted. Mr.
A'exander then read a string of resolutions, entered into
on the 17th of January, 1828, and concluding by stating
that time Proprietors shou'd espouse the principles declared
by them on that occasion, let the new Administrution be
Whig, Tory, or a mixture of both. This document,
gentlemen, (continued Mr. Alexander,) was signed by seven
persons ; those were my partners at the time the paragraph
a; peered which the Attorney-General has charged against
roe, as having a seditious tendency. The very individuals
to whom I allude are at this moment professors of those
principles : they are at this moment proprietors of the
Courier newspaper—of that Ministerial and Government
Newspaper—of that Newspaper which is considered (I
know not how truly) to be the organ of Government,
and when I tell you that these gentlemen are at this mo-
ment such proprietors, I am sure that even the Attorney-
General, would not attribute to them the writing of an Article
that could have a tendency in any way to break down the
Government of the country. On al occasions I
have supported the Ministry to the utmost or my
poor extent. Put, Gentlemen, there was one mea-
sure that unfortunately caused great excitement, and I
took a course as I was bound to do, of activity with re-
epect to that transaction, I mein the passing of the Roman
Catholic Belief Bill. Gentlemen, although the At-
torney-General wished to sneer me out of England by
imputing to me the crime of belonging to another country,
still, gentlemen, I was born in a country on the other aide
the Tweed, where I was reared in the religion of my fathers
4t the file, side, where the Morning and Evening Sacrifices
saw me out of bed anti saw me in again ; where I had
upon my heart a dear and warm attachment fixed
to those principles of reformation, established by the wisest
tnen, and an equally strong feeling against the profeeeors
of the old 'religion, who in former times had persee
cuted the Reformers to fare and to blesod—l felt
warmly on :that qeestinn, end not being able
to chew from my mind the persecutions of former
times, when I arrived at years of maturity I was
as strongly impressed with the justice of those prejudices—
if you are pleased so to call them—as I was when a boy.
And when this question was carried—when this question
was attempted to be carried, by a desertion of the re-
cooled principles and opinions of men who had ateTl
first in the battle—when it nested hot against the other
parties, when the men wl;o Led' beeic'cradloil in the
cif lee of the reortnatmon, and helhectiene
b Laos: they' were considered to be the honest advocates of
a'great cause, when those men deserted their principles
and their good conduct, when they left the Church of Eng-
land, the only strong bold against the powerful inroad
of Catholic Saints ; when I saw this-Se strong holds cut
down, by the eery individuals who bad been the feesi; to
pese:daim that they woeld etee,f cr ,eu lirnahlL-
r;sett :mw thoee men tw•ditont-r---'to Wray--
LO atesefitilate whit they all times to
have - he:el sacred, I of course, though an humble
individual. felt warmly, and under these feelings, did I
speak and write. I may on some occasions have carried my
attacks to an extreme. lam not lucre ttt sustiiy mye
self against violent itnpressiees. Weed, t indy 'freely
confers thet on many
ectee4y timid talc, 'and cOec:ciTit4.ll°ll.e.sll ttelitie'riurerte(eitetl4,erlt‘imide
ti,,w_ite all kvithiiit the 'comp u Slant
toy have been 448 e4ieteeeismee of Waisisthe at
wilk4 I might Eta 4tty very
to
jiriat, .sea ••
• - next merle:llg
g use use of. lint I li,w that on this
geeund my apology will be satiefactory. Gentlemsn,
during the discussion of the Rouse, Catholic Cleestioe,
when it was carried on with ores; eee,., I este,k/ed
an intimation froze a esetSerel'"asi Arharity, that
weeal most tiiSei'edly'have been
Prosecuted for the at-
titcks I had made on the men who had totally deserted their
good cause, had it not been that the times were then so
acited that have e such a proceeding would only s fresh
Jen tar
fliculties ; and I was warned the moat solemn manner,
if I afterwards used a 4111de • by the
9"4

l'eest , • von to the extent of a thousandth atop
of a splittio or u I ~!,,add subsequently be prosecuted
that most ,i.,:oredly, wiwn the new Attorney General Wi.F
ip!1.11: bill I -h, ON to:liked as the first man to be bronJ
tOrward. tit the r vdss of p,serution. I was bound t.
I !teieve that a gentleman of high rank, and in daily emr,
onoicutlon ":41 ,1 M Nlinters, was accurate it
vhat st 'and via what he communicated to In-
vas an e.,roest of wh it :-Imuld happen. Still I was benne
to say that I could, only proceed with the conduct of
-he Morning Journal on the• principles on which I hat'.
•et out. Gentlemen, my Noble Friend was right, for On
very first word that Sir J. Scarlett uttered in this Court.
After being appointed Attorney-General, the very first art
he did, alter the forMation of theWellitigton Administration.
-vas to appear here and :nave for a criminal information
against the Morning Journal for a libel on the Lore
Chancellor. When I heard of it I really did not belicvi
it, and it was not until I hail seen tie, manuscript of tlo
gentleman whom I hail sent here with a report of it that
I felt bound to believe it. The Attorney-General took
great credit to himself on that occasion for the moderate,
delicate, and impartial manner in which he came int,
Court to ask fur the information, Gentlemen, I shall
take .the liberty of reading to you the speech of Sir J.
Searlett on that occasion,

Sir J. ScartLETT—Thit is your own ver•ion of it.

Mr. Alexander—Why, Gentlemen, I have heard, but I
don't know how true it is, that Sir J. Scarlett sent Ili,
own speech to the Times Newspaper.—(Laughter. )
One of the Jurors wished to know whether -it Wat
competent to the defendant, to proceed reading documents
of this kind.

The Learned JUDGE iliftiPrVed, that it certainly was not
evidence, but as the defendant was upon his defence, he
might Nava a right to introduce it into his speech.
The same Jurar s tid, hs fe:t disposed to interrupt Mr.
Alexander before, when reading the Address in the first
edition of the Morning Journal.
The Learned JunGv. told Mr. Alexander, that as thr
Jury seemed indisposed to hear the speech alluded to, read,
and as it could not be evidence, it probably would be better
to waive the re odin!. of it.

Mr. Alexander did not tender it as evidence ; he only
introduced it as an historical part of the case, to show the
connexions link by link.

The Learned JUDGE considered that it could not
have such an effect ; that the only possible mode
by which it could be male evidence, was that of calling the
gentleman who had taken it down as a witness, to atate
that it was what Sir J. Scarlett had uttered.

Mr. Alexander did not further press it. After the At-
torney-General had moved, on behalf of the Lord Chan-
cellor, for an information against the Morning Journal,
be (Mr. Alexander) filed an affidavit, in which he denied in
the most positive and unequivocal terms, that the
paragraph complained of had any reference to the Lord
Chancellor. The consequence was, that although the
rule was made absolute, the Attorney-General thought
proper to take another course. After taking great credit
to himself for his moderation and impartiality in this pro-
ceeding. As Counsel for the Lord Chancellor he stated th it
three informations were filed ex-efficioagainst me in this
Court; and that this one, with reference to the Lord Chan-
cellor was not one of those three. Gentlemen if this be mode-
ration, I really do not know the moaning- of the term ; but
before I was celled on to give bail in the information for
the alleged libel against the Lord Chancellor, I was
called on is give bail in three other informa-
tions filed by the Attorney-General tx-offiele.._
Now it is somewhat extraordinary, that having first taken
credit fur the moderation of his proceeding, having taken
all he could obtain (tom me: after extorting flow the my
defence, and getting out of me the truth, he turns
round on me, takes advantage of my own evi-
dence, and comes into this Court with his ex officio
informations, whereby be has fir greater privileges th in
be could have bad as Counsel for the Lord Chancellor,
and which I as a British subject say, was grose
oppression, and conduct to be submitted for judge-
ment elsewhere, for there never was a person treated
before in such a way by a Noble person, having
had his evidence dragged front him, having been
charged with perjury by that individual, and then that
the Attorney-General should turn round on that affidavit,
give the lie to his own case, by raying the libel had a ten-
dency very different to what was originally alleged,
and commence a corresponding course of prosecution
If gentlemen, instead of coining forward, I had allowed
this case to come to trial, then, I adroit it would have
stood under different circumstances from the mole of trial
now adopted. I have a defence to make before you ; hut
at the same time I must recollect that Sir James Scarlett
has to reply—a gentleman with all the learning o; the
lawyer, carrying along with him all the army of the bar.
The shrewd keeneses and criticism of art able lawyer, I
say, places me in circumstances which, if yon do
not extricate me from, Will oppress me most
severely. This, gentlemen, is the way in which this case
has been carried on against me, from the first step in this
Court to the period when Sir James Scarlett ap-
peared
as Attorney-General, down to the last bill of in-
dictment which the Duke of Wellingten swore at
the Old Bailey. There have, Gentlemen, as you - are
aware, been three bills of indictment against me, in all of
which I am charged with having written articles having e
tendency to bring his Majesty's Government into contempt.
I trust you will take al; the circumstances of my case into
your consideration, and see the dfficuities that oppress
and pour in upon me, unless you take the whole dif-
ficulties of the case into consideration, and contrast
them with the merits—unless you extricate me by
your verdict, it will be impossible but that my fortune
will be destroyed, myself and character ruined, and dis-
grace attached to an individual who has, all his life, been
a faithful and consistent supporter of his Majesty's Govern-
ment, until this unfortunate occasion. Gentlemen, there
is one other subject which I approach with great reluc-
tance, indeed, I would not approach it at all if I did not
consider that the whole aim and scope of this prosecution
was an attempt on the part of the Government to ruin the
person who now stands before-you. You will see the con-
necting links with which one part of the Government
works with the other, all of which are put in motion to
bear down and level the property of the person who is now
before you. On one occasion there was certainly some ir-
regularity in the securities and bonds at the Stamp-offiae.
About a fertnight ago my printer was arrested an a war-
rant in chief from the Stomp-offiee ; he was taken and
locked up, I have nn doubt, in order that I should hive
every difficulty put be my way ; and not only that, but the
eetent in chief was levied against toy goods, to
the amount of 4001., at a time when, according to all
fair dentine, and the mode in which business is transacted
at the Stamp Office with other paper offices, I did not
owe more than 113/. My only goods in that place were
seized fOr a debt which was not honestly er in geod ;with doe.
Now, Gentlemen, I appeal Wynn as Jurymen, I appeal to
you as haekers, knowing, as you must well know, how a
litila matter will affect the character of a person,
I most earnestly appeal to you, if a course like this
is not calculated to bring any man to ruin. Gentlemen, I
was placed in that situation ; 1 was placed in a most
painful situation, and, but for the assistance of feiende,
I do not know whether i a1;941 Iwo been
her:e to-day to expllio thee.: nigttees to you. Are these
gentletnette t.;:,e ;node; of proceeding under a Government
sa mild, and whose principles are suited to all times;
a Government - so impartial, and su moderate, with
the hero of Werth° at its head—l say, Gentlemen, that
such a course pursued by such a Government, speaks in the .
roundest term., its weakness. I will now, Gentkeuaa, cab
your attention to the merits of the lib!4— 01r. a readitri
of the information, ard '4lte.., rtene Marts of' Wheb'created
great late,ghier.) Wthy,' Gentlem n, parties mi-glit lity,6
and sneer at tits ' but ' I say 'it eves t.-.4anJ the
notec? of any inert o good 'feehng. It is true,
theit certa're teehle;',%en and gentlemen learned in the
law, Triesterz ins Chancery, and to on, have sworn in
the box that they believe these articles to apply,
and that they are intended to apply, to the Leal
Chancellor; but these Learned Genthence, -Ala
not seem to be aware 1.1:1.at theV6l'liad. been
any judiciel ,t.:.:' :,,et:g.iiirigsr ilail tivith respect to them.
All4':=7 - 4.0 l'''.,t, ,4'trter to know that the case had been
111'091410 Ow netiee of this Court, nor did they seem to
be aware that it had positively been denied 1;;( cite
writer of it—they were hound t., ec.......exe Mat the
writer of that paragraph lie.:!: c;teaieti tijon *iialls that he
had intended it te epp'ere to the Viet Chlth&lltir: if it he
the me.a.,, of pr4Ciefing With evlds;nee on a criminal ;,1C.,:;
cejiling, ' for ,Infties 'to 'Apeak. to -a fin:t Of.' velt:le-li";r1;ei
knoxVe eeirliing; `if that; cjtrietalel'44 hsl the mode '
of cOtehicting: ine,tte7o iii; this ijonrt, it eetteinly is a mode ,
,3,):.,,,,?t '4,1 41'th:trim' Gec'e'eltinerlhaeqlualii;4lvtectl nr(vithtit":llo least
au" tendency of a etnotly. It is an amnsieej,
sett of sty-le by which the writer intends to Ilttt ::::o41:1 ik,t.
(HI; itill4l ill a ludicrous point ef eieeel 'fhieMiikka,
men, is sierely :, ie,,e6y• c„l gc:era It is C,!);i
te eee el -,-:•-• adieotrett"language td the Attorney-
Cieen.4al c; (A.e. There ze; nothing in it of a serious
nature, hoe are any of the parties aliuded to named. (Mr.
Alexander here read a further pent of the libel.) Why, the
Attorney-General wishes its to hell ve that this tall, broad-
elteublerel persiin spoken of is intended for the ,Sek,lieirees
Ca neral. I should like to sue the Le"t'"'d •C;;;;;citu"ehcr"l
enn•igetil and UllgOWnvd brought on the table. Why, 1
am sure diet he would lau4ll at such nonsense, This

,entlemen, is carrying judicial jokes too far. I, myself
'lave Leen libelled in this m ,tttr, and I consider that
wive touch greater e tose Orin my one to complain o'
libel. The A,t,wzivy-Gwp r-,; eommitted a mos
• tan; ion- libel on my small too,erstanding- He WOW•
wish y,:u: to thick that I. did not know that the Lor.
..2,a/teellor had nothing to do with vimintment o
Solicitor-General. Its utterly ri fiettlou. to sap ote that
the Chancellor has no controul over him, end the gift
reclusively of the Legislature. If the Solicitor
General were put into the box, he would say 1,
-ta:l hi; appointment front the Duke of Wellington
•tnd God forbid, gentlemen, that I sheuld sly he bought it
from the Doke of 'Wellington, I know he did rot. In a
•tarody, moreover, there is a good deal to be attended t.
it the particular expressions. You see, gentlemen, her.
The word " general" is invariably used—that certainly be•
t relation mire to the military department of the Go-
eernment than the legal. I assert, gentlemen, before you,
hat it is altogether a military allusion, and the Attorney-
General may, if he pleaces, on that honest and frank
Jonfession, file another criminal information against no
to-morrow. I never had the honour of seeing the Sobel-
tor-General before to-d ty, nor the Attornj-General,
,vhotn I hope I never shall see again—( Lauglyer)—
nor the Lord Chancellor, whom I hope I shall never know
I appeal to yoo gentlemen if there is ma in this produe-
don, when I quote other writers who hare been ho-
nourably acquitted, every thing that is harm!, a.
old mild ? You will recollect, gentlemen, a per-
;on of the name of Hone stood in this Conn
defend himself against a charge of having published certain
parodies on religion intended to bring it into contempt.
In that case every thing that was bail was brought into
action, still Mr. Hone was acquitted ; when therefore.
Gentlemen, there is a complaint against my harm-
less arid k useless parody, and when I consoler
the biting and stinging slanders in that ease,
which were directed against the King—l say, contrasting
those two—considering that Mr. Hone was acquitted, 1
slot); he doubly entitled to an acquittal at your hands.
When, gentlemen, I sea things of so atrocious a na-
ture passed by, by twelve Jurymen in that box, can
I come to any • other opinion thaw.: this, that
case of mine will be flung by you out of Court ?
The real question, Gentlemen, is, whether this parody has
a tendency to bring the Government into contempt.
Whether it has or has not must he inferred from
the fact. It is now, Gentlemen, six months since
this paltry piece of badinage was published. I am well
aware that the Learned Gentleman will endeavour to con-
vince you that you must not judge of the ten-
dency of it ; but can you, Gentlemen, upon
your oath, say that that will bring the Government into
contempt, which for six months has trot done so. I
could say much more than this Gentlemen, but I am
conscious how long I have already bordered onyour time, and
I am exceedingly anxious that you should not be detained
your families and your homes longer than is absolute ne•
cessary. I put it, Gentlemen, ott this ground,
simply after you have taken the whole bering of shis
case into your consideratiod, after you have considered
the explanations of the inuendoes, bearing in mind
that already six persons believe it applies to the Lord Chan-
cellor, but you mu-t not consider that six men are speak-
ing the sentiments of the public. I put it to you, whe-
ther you can consc'entiously upon your oaths say
that this libel, as it is called, was intended a:.ainst the
Lord Chancellor. Gentlemen, I could have brought
individuals: into that box as high or even higher than
any that have been produced in it to-day, and I
could have brought the letters of others, who would
have stated, that at the time they read this allmted
libel they did not believe it at all applied to the
Lord Chancellor. But I put it most seriously to
twelve hottest English Jurymen ; and I trust I shall
draw from their benevolence this conclusion, that the
defendant if entitled to the verdict. Upon your
verdict, gentlemen, depends my character, my fortune,
my liberty, perhaps my lire—you have all that is dear to
man—you have all that he cares for on earth under your
decision. If you pros,' a verdict against me, I
must of course abide time consequences ; Lui
Gentlemen, will that Noble person at the head of his
Majesty's Government, or the Noble minions that bow to
his power, will they sleep for one moment longer on
their pillows for having aent me to jail or will they
if I should be honourably acquitted, follow their pursuits
more firmly. Your decision cannot effect the powe,
mm, and I am sure you will not say that time Doke of Wel-
lington is a feeble man, and that his Government
also is feeble. I trust, Gentlemen, you will weigh well
this case before you deliver you verdict, and with these
considerations, with the utmost reliance I leave my case in
your hands.

What was his state of health at that time ?
It was very indifferent indeed.
Mr. Alexander sat down amidst great applause, which
was repressed by the Court.
The Jury retired for a few minutes, and,
Mr. HILL, on behalf of the defendant, Cuteb, calks]
Jane Lavender.

Mr. Hum.—You are a relation of Mr. Guteh, the de-
fendant, I suppose?---Yes.
Do you recollect seeing the defendant, Mr. Gutch, on
the 30th May last?
Yes—l dined with him at Common Hill, where he re-
sides.

How lung was he residing at that place before the 30th
of May?
Now, as far as you know, did Mr. Gutch ever interfere
in the conduct of the Moaning Journal?
I should say not at all.
Cross-examined by the ATTORNEY-GENERAL-What
is Mr. Gutch's business ?

Ile edits a newspaper at Bristol, and is proprietor of this
newspaper in London.
Did you say he edited a newspaper at Worcester, or at
Bristol?
Mr. Alexander declined to call witnesses.
The EATTORNEY.-GENKUAL replied, and the Learned
Judge summed up, and,
The Jury consulted for shout five minutes, and thin roe
turned a verdict of " Guilty" against all Oa defendants.
Lord TaNTERDEN—WiII you proceed with the other
cases to-uiglit, Mr. Attorney-General:
Ar,cartNEv-GxxxitAL.—l would rather not until
tcwriorrow morning, if your Lordship pleases.
Lord TENTE RDEN —Very well, let them stand for to-
morrow.