The Sun.
London, England, 1827-06-14 00:00:00

7LAW; INTELLIGENCE.-(THIS DAY.)

HOUSE OF LORDS SCOTCH APPEALS.
•
mite. 'manic BLACK MACNEIL, APPELLANT; MALCOLM
MAU; RFGOR, RESPONDENT.
The circumstances of this extraordinary case are
shortly these. -The appellant is the daughter of the
late Doctor - Macneil, of Lanarkshire, she was not
born•in Wedlock, and until her 23d year lived with
her mother ; she then went to reside with her father,
whose bad health required unremitting attention. He ac-
knowledged her publicly as his daughter, and in April,
1816, executed a deed by which he left her his house and
furniture, and at the same time passed her a bond for
"W. In the May following he made his will
leaving to her all his property heritable and movable.—
The respondent, Malcolm Macgregor, was a journeyman
printer, and having married the step-daughter of a Mrs.
Robertson, by whom the appellant was nursed, became on
intimate terms with her as well as with her father. He
Was occasionally employed.in the management of Dr. Mac-
neil's affairs, and by that means obtained a perfect know-
ledge of the Doctor's intentions towards his daughter- and
of the two deeds which carried these intentions into
effect. Some time before her father's death, the appellant
was courted by a Mr. Jolly, and was subsequently married
to him with the approbation and in the presence of her fa-
ther. The respondent, according to the evidence ad-
duced in support of the appellant's case, knew of the
courtship and of the intended marriage long before
it took place. He received presents on tha mar-
riage, and had actually drunk bumpers to the health
and prosperity- of the newly married couple. The ap-
pellant and Mr. Jolly lived together without any inter-
ruption until March, 1818, when Macgregor raised an
action of declarator of marriage against her, on the
grounds that he had been married to her previously to
her union with Mr. Jolly. Dr. Macneil had died before the '
commencement of this action, and the appellant became pos-
sessed ofhis property. Macgregor alleged that he had beentwice
married to the appellant, the first of these marriages was
clandestine, and was alleged to have taken place at Holy-
town ; the second, which was a regular marriage, was
performed by a Mr. Joseph Robertson. It is scarcely ne-
oes.,-..ry to add, that Macgregor's first wife had died. The
Fame came on for trial berme the Court of Session in Scot-
land,_ and it was decreed, after the examination of a num-
ber
llanter of witnesses on both sides
legally married to the a
-g
with Mr. Jolly. ppe ,Previously , that Macgregor had been
to the marriage
From this decision of the Court of Session an.appeal was
lodged by the
of Lords. Ho lady, and the case came on to-day before the
nse
After some discussion between the Counsel on both sides,
the further consideration of the cave was put off until Mon-
fl..e, have the
Mon-
day week, in order that the parties nsigt, in the mean-
proper opportunity of seeing whether it would be
secorone o o
d tuspbraaceedd
golly),
the appeal, without calling in the
sated in the
oily) who was, of course, deeply inte-
r result.

COURT OF KING'S BENCH.
PROMOTIONS.
wit the opening of the Court, this morning, Mr. J.
silk alas, Mr. Campbell, and Mr. F. Pollock, appeared in
;V1; g°lvna, and took their seats behind the bar as usual.
w. eu Lord Tenterden took his seat, he addressed Mr.
'Warns as follows : His Majesty having been
gvilei°"lY pleased to appoint you, Mr. Williams, one of his
learned in the law, you will take your seat within
..4e bar sceording.y."
I His Lordship having addressed Mr.
:,4111Pbell and Mr. Pollock in similar terms, these three
tieoarned Gentlemen, after exchanging bows of congratula-
-12 With their brethren, took their stations within the bar.
The 8 .
Sitti Peeial Jury causes appointed for the present
oephy. haling been finished yesterday, the Court has been
7Fled to-day in the trial of Common Jury cases.
is2n action of 'damages against a cow-keeper, in Palace-
:vet, Westminster, for an alleged nuisance, occasioned by
ice's-Pool in hia cow-yard, took up the time of the Court,
"'Most the whole morning, the details of it possessed no
14tereat.

COURT OF COMMON PLEAS.
LAST DAYS OF LORD BYRON.-(LIBEL.)

TARRY V. HUNT.
Wu an action by the plaintiff, the author of the
called " The Last Days of Lord Byron," to recover
7agel of the defendant, the Editor of the Examiner
test
"P"P4Per, for two libels on his character, published in
Paper : the first in a paragraph on May 22, 1825,
tad the second in an Editorial note to a published letter from
Colonel Leicester Stanhope in the Examiner of April 2,
1826.

The defendant pleaded the general issue, and special pleas
Of ifttification.
Jonsra opened the pleadings, and Mr. Serge
sant
1 ADDY tated the Case to the Jur
Mr.. Se
rgeant WYLDI and Airy..
defend PLATT conducted the
ant's .
Mr. Sergeant TAIMY commenced by observing, that a
Snore disgusting attempt to slander. the character of Mr.
Parryh had
.. never
.. come under his notice. The plaintiff had
.7n a snip-builder, and was induced by a gentleman of his
-`cluaintance, and a gentleman of the Greek Committee, to
to to Greece, where he was a great favourite of Lord Byron,
Who Placed him in command over a body of engineers that
Lord Byron had collected for the defence of Greece. The
Plaintifiremained in Greece for some time, and collected the
hook, and facts which he had since published in his
,"°k, entitled " The last days of Lord Byron," Mr.
nlet, the defendant, thought proper in alluding to that
Z(4)l,k) to make the most disgraceful attack on the author,
e beltu'e he Jury would find was without provocation, and
lheved without parallel for violence and grossness.
22a first was published in the Examiner of Sunday, May
'1825, and was as follows :_....
l "The Times has thought proper in its strange anxiety to
eill'ierate the character of Mr. Bentham, to notice with
Praise
tibi the very contemptible production of a very conterr p-ri
hitile f:alow, one Parry, lately a caulker, but now ca ini,
ea ,lie,:f a Major, and who had unfortunately prevai
ez -rtql the Greek Committee, to send him out to
-r...._
it bull as an engineer. This exceedingly ignorant, boast-
p g'
bullyin and drunken individual, it seems, while en-
-agnedfis in the the Greeks, got introduced to Mr.
en-
Beat
able, an nofhonour which the late estimable Sir
tT',..set Rom'llY aand other similar spirits,. have always
couni-deteet4PPreFlatied.' Taking advantage of this unexpected
de 11,On, the worthless creature in question,
im aininoerd-
Ivor' Laa hetet) di to get up something which he . g
au- ev
' habits, such / svul-:11, hasuitibtlislie-d various details, of n. o sort of interest,
ifnotreresint_,
stance' respecting Mr. Bentham 's .
rather' ttn,"
them' with
that he dines at ten o'clock at night, and runs
° Walks for health, &c., accompanying d
rentarke deel—
g 4.„,--"Kned to throw ridicule upon his excellent and
Wretched """' host. We should not have noticed such
:11etched stuff; had not the Times given it currency,7
7nizi: °f the low-minded author, who cannot write
5 ne' of English, with commendation, and made
4 Very foolish and flippant remark upon it. The re-
putation of Mr. Bentham cannot be lowered by the writers
'll the Times, but such doings excite great disgust in many
quarters, and the Times may he assured that ere long it
Will have ample reason to regret the unjust and unhand-.
the course which it so very frequently adopts."
lo reading and bringing to the notice of the Jury a libel of
'Jo atrocious a nature, it would L., requisite to search for
Some sort of motive in nicking such an attack upon an indi-
vidual an ut he believed the Jury would not be able to dis-
co,,er y. It might be thought that the object was an
attack on the Times • but, however public prints
might differ en
Political oin'ts, it was for the
Jury to teach thosPeo 'svi
such ho conducted them, that in
cases they should respect the character of in-
dividuals. He contended, l)however, that eh a libel was
an infliction of the most severe kind that asuman could sus-
tain. In making the attack on the Times, the defendant
had not spared Mr. Parry, though the Jury would find
that there was nothing to provoke the defendant. Mr.
Parry never came in contact with Mr. Hunt, and
could never have offended him, and yet Mr. Hunt
!hought proper to publish this moat cold-blooded
nbel, and to call the plaintiff a bully, a poltroon, a slanderer,
sad a sot- The defendant bad an object it might be said,
ttntacititieising the plaintiff's work, but the Jury would find
had in the critique on Mr. Parry's work, the defendant
not mortal anonlyd libelled his work, but bad inflicted the most
author unprovoked injury on the plaintiff, both as an
and
tuucth a libela wman. The Jury might, perhaps, think that
ould satisfy the malignity of the defendant ;
they uch was not the case. So long after as April 1826,
I"old find that he had published another libel, as
tZ°.°.B the former, and as injurious to the plaintiff.
book:I injured him hi every respect : in the sale of his
which had fallen off considerably since these libels
itly:_r: Published ; in the respect of his
friends and acquaint-
iCa, and in the mind of every person who read them.
lege leeond libel was published as
an editorial note to a
whir published in the Examiner of Sunday, April 2,
4E4.41 Was addressed to Mr. Parry. To this note the
feu(nes was directed by an asterisk, and it was as
:,......
(0;1116 man was a caulker in the dock-yards, and is
arlif to repeat the worst of him) a slanderer, a sot, a bully,
D,,,a, Poltroon. Who wrote the book to which he has
e..- -"aed hie n ' •we cannot exactly say ; but he himself
4,16 t Write tea lines of English."
author or an individual no grosser aspersions maid

he'thrown on any one. At an author it was said that the
plaintiff could not write a line of correct English ; as an
individual, that he was a sot, a drunkard, a bully, and
a poltroon. The law advisers of the defendant bad re-
commended him to justify this foul and calumnious
libel, and upon looking to the record, he found it justified
in these words, that the plaintiff was a sot and a drunkard ;
to wit, in London in the kingdom of England, and a bully and
a poltroon ; to wit, at Missolonghi in Greece--(Laughter.
It went on to state, that the plaintiff suggested, that he
could take the Turkish fleet at the distance of nine miles by

some machine, and that he could capture the fortress of
Lepanto by a fire-kite. These statements were put in to
justify the accusation contained in the libel, which stated
that the plaintiff was a bully. It was also set forth
that the plaintiff stated, that Lord Byron had
so good an opinion of him, that he appointed him
to the command of a Brigade of Artillery, and that there
was no one on the spot so fit as the plaintiff, who observed
that he deserved this situation better than any one who
was there at the time, but that ho was only a fireman in
the regular army, and that some German officers thought
it beneath their dignity to serve under him.—(Laughter.)
—This was put forward as an evidence of the plain-
tiff's disposition to boast, but all the poor man said
was, that he deserved the situation of commander of the
artillery better than any one else who was there. He
was sure the Jury would not consider that this statement
of the plaintiff's afforded any excuse for the gross libel
which the defendant had published concerning him. That
libel, as he before stated, had done the plaintiff
the most serious injury ;—he was about to receive an ap-
pointment under the Government of Buenos Ayres, with a
salary of 4001. a-year. He was negociating with Captain
Ramsay and Mr. Hullet, the Consul-General for Buenos
Ayres, and it would be proved that those gentlemen in-
stantly broke off the negociation upon seeing the libels
which appeared in the defendant's paper. In conclusion
he called upan the Jury to put themselves in his client's
situation, to think what they would feel if the epithets,
sot, bully, and poltroon were applied to any one of them ;
and after estimating the plaintiff's feelings by their own,
to give him such compensation as they considered he was
entitle,l to.
Defendant'. Counsel admitted the Proprietorship of the
libel in the Examiner. The libels were then put in
and read.
Captain Robert Ramsay was then sworn and said—l am
a Captain of the Royal Navy ; I was authorised by the
Government of Buenos Ayres to organize a small navy;
Mr. Parry was recommended to me by Mr. Hullet, the
Consul-General -for Buenos Ayres ; I communicated with
Mr. Parry, and with an intention of appointing him ; I
approved of his credentials ; I was then lodging at
a hotel in Grosvenor-street, and the Sunday Papers being
brought up I glanced on the name of Parry and read the
libels which were this day produced ; in consequence of
which I broke off the negotiation with Mr. Parry. Mr.
Hullet mentioned to me that Mr. Parry expected 400/. a
year for going out. The day after I saw the libel in the
Examiner I wrote to Mr. Parry. I wrote to say that all
intercourse between the plaintiff and me must cease until
he confuted the abominable libel in the Examiner.
Cross-examined.—My negociation with Mr. Parry was
quite prospective. My exertions for the Government of
Buenos Ayres were afterwards rendered nugatory by the
breaking out of hostilities with:Brazil, which induced the
English Government to prohibit its officers from giving
any assistance to Buenos Ayres.
Re-examined—l never confided any papers of conse-
quence to the Government of Buenos Ayres to Mr. Parry.
The case for the plaintiff having closed, Mr. Sergeant
\Vans addressed the Jury for the defendant. He said he
was sure that Captain Ramsay was too respectable a gen-
tleman to have entrusted any papers of-consequence to Mr.
Parry. The papers his Learned Friend alluded to were
not memoranda of the last days of Lord Byron, or of any
one else, for if they had been, the Jury might conceive
how little the reputation 01 the departed would have
been consulted by such an historian. He was a little
amused by part of his Learned Friend's statement.
After getting as far as the boast made by the plaintiff that
he woui'l blow up the Turkish fleet by a fire-kite, and that
he was only a fire-master in the regular army, his Learned
Friend's hopes were blown up, and he declined giving any
further account of his client's pursuits. He (Sergeant
Wilde) however, would take up the narrative, and
give a full account of the plaintiff from that place
in which his Learned Friend, (Mr. Sergeant Taddy)
had dropped him. His Learned Friend said that Mr.
Hunt had published the libel without any object. If his
Learned Friend meant without any bad object, he (Sergeant
Wilde) agreed with the observation. Mr. Hunt. in his
character of editor, was remarking on a recommendation
which appeared in a contemporaneous journal the
Times. That paper had recommended a book which
contained gross aspersions upon a name which he bed
never heard repeated but with respect, that of Mr. Bentham,
and Mr. Hunt thought it his duty to set before the public
in a true light the character of the work and its author,
which another journalist had spoken so favourably of. Mr.
Hunt had no mercenary motive, no personal resentment to
gratify; and if he had erred and exceeded the limits to
which the press ought to be confined, it was without any
discreditable object or any disgraceful motive. His
Learned Friend said, that the justification was a disgusting
attempt to support the slander ; the justification, however,
would prove that the defendant was no slanderer ; he had
called the plaintiff a sot, and a poltroon, and be justified
those epithets, by aliegieg that the plaintiff was in
the habit of drinking to intoxication at different times,
and that though frequently boasting of his zeal in
the cause of Greece, when the hour of danger really came,
and the boats went out to fight the enemy, the plaintiff
excused himself by stating that he was not quite dreesed;
he was not attired in such a manner as would show his
proper respect for the enemy, so that he waited at home
until shaved, and by that time the battle was over.—
(Great laughter.)--Mr. Sergeant Wilde hoped that this
day Mr. Parry's slurring . would be completed. These
facts had come to the knowledge of Mr. Hunt, and
he thought it his duty to lay them before the public.
—He did not, as was sometimes the case, attack
the plaintiff before he had put himself forward in the
world ; he did not seek him out in the private walks of
life, for the plaintiff bad put himself forward as a public
character, and invited the world to scan his merits. Some
years ago many individuals, with warm hearts, and charac-
ters of unquestioned integrity, had joined together to assist
the Greeks, whose cause had then excited much sympa-
thy. The plaintiff was sent by these persons to Greece as
a mechanic, he being by profession a shipwright. Upon his
return he published a bock which purported to give an
account of the last days of a man whose memory ob-
tained unlimited admiration, if not respect. He ac-
quitted Mr. Parry himself of writing the book. Some
hired slanderer had formed the work out of the scanty
materials which the shipwright supplied. He acquitted
Mr. Parry, therefore, of the libels contained in the work,
for the fact was, he had not intellect enough to write
them. It was quite easy to distinguish the portions
written by Mr. Parry, or supplied by him, from
those written by another person. The brilliant and tran-
scendent genius of Lord Byron, whose capacity to put his
sentiments in the most elegant finer, enabled him easily to
trace particular passages supplied by Mr. Parry. A con-
versation is reported to have occurred between Lord Byron
and his friend Mr. Parry, on the subject of what should
beCome of his remains, and Lord Byron puts this question
to his friend, " Well, old boy, should you kick the bucket
in Greece, have yau any wish your body should be sent
to England?" This was his (the shipwright's) re-
collection of Lord Byron's conversation. He said
the shipwright, not meaning to libel that useful
and respectable employment; but when a man bred
up to that trade, takes up the title of an author,
and lends his name to blacken the fame of indivi-
duals, so much ahove him in life, lie put it to the Jury to
say whether that man's pretensions were not a fair subject
for observation. The Jury had heard the tone in which
he spoke of Lord Byron, and they should hear the manner
in which he represented himself to have spoken to Mr.
Bentham, whom he visited before he left London for
Greece. He says, Mr. Bentham asked him, " Have you
read Miss Wright's book on America?" " Yes," was the
reply. Here, said the Learned Sergeant, I think the
plaintiff must have made a mistake—(Laughter)—but on
his opinion being asked of the book, his reply was_in his
own words—" Mr. Wright knows no more of America,
than a cow does of a case of instruments." This
was the man whose literary reputation—as stated
by his Counsel—was injured by the libels in question !
No doubt when the plaintiff's labours as a shipwright were
over he was wont to indulge in literary discussions, and
of course enjoy the society of eminent literary characters.
He himself had borne testimony to his intimacy with
great men. In page 195 he states that Mr. Bowring
having invited him to visit Mr. Bentham, his reply was—
" Who the d-1 is Mr. Bentham ? I never heard
of him before." So much for his acquaintance with
literary men ! However, he says---" I arranged with
my wife over night, (shouts of laughter, in which the
whole Court joined), and brushed off for Queen-square as
hard as my legs would carry me. • Here the Jury could
perceive the same facility of diction and elegant propriety
o!-- expression which characterized the plaintiff's observa-
tions on every occasion. The facts were, that Mr. Ben-
tham, who takes an interest in every part of the world
where
good was to be done, was anxious to see every
one aonnected with Greece, and hoped to obtain some

information from hrr. With this view he invited
that person to his house,--and -the return he got for it was
the exposure of all hititieculiaritiea," ''ln fact the plaintiff
sought to degrade his venerated name in the minds of those
who did not know him. Alr—Bentham's name was

never associated with injury or injustice to any one, but
was known everywhere where* good wan to be done.
Yet this was the character that the plaintiff had

sought to traduce; and if a journalist, with the pen
in his band, sought to rescue the honour and good name of
this venerated individual, who was assailed by a low-minded

man, who, in return for Mr. Bentham's hospitality, sought
to turn him into ridicule, was that journalist to be
praised or blamed ? Which did the Jury think, when he

stated to them, that this venerable man of eighty or ninety
was represented as mixing himself up with the prostitutes

of Fleet-street ?

The Learned Sergeant here read the following extract :
" We went through a small garden, and passing out of
a gate, I found we were in St. James's-park. Here I no-
ticed that Mr. Bentham bad a very snug dwelling, with
many accommodations, and such a garden as belongs in
London only to the first nobility. But for his neighbours,
I thought, for he has a barrack of soldiers on one side of
his premises, I should envy him his garden more than his
great reputation. On looking at him, I could but admire
his hale and even venerable appearance. I understood he
was seventy-three years of age, and therefore I concluded
we should have a quiet comfortable walk. Very much to
my surprise, however, we had scarcely got into the park,
when he let go my arm, and set off trotting like a High-
land messenger. The park was crowded, and the people,
one and all, seemed to stare at the old man ; but, heedless
of all this, he trotted on, his white locks floating in the
wind, as if he were not seen by a single human being.
" As soon as I could recover my surprise, I asked the
young man, " Is Mr.-Bentham flighty?" pointing to my
head. " Oh. no, it's his way," was the hurried answer,
"he thinks it good for his health, but I must run after
him," and off set the youth in chace of the philosopher. I
must not lose my companions, thought I, and off I set also.
Of course the eyes of every human being in the Park were
fixed en the running veteran and his pursuers. There was
Jerry a-head, then came his clerk and his portfolio, and I
being a heavier sailer than either, was bringing up the
rear.

" What the people might think, I don't know, but it
seemed to me a very strange scene, and I was not much
delighted at being made such au object of attraction. Mr.
Bentham's activity surprised me, and I never overtook him
ar came near him till we reached the Horse Guards,
where his speed was checked by the Blued drawn up
in array. Here we threaded in amongst horses and men till
we escaped at the other gate.into Whitehall. I now thought
the crowded streets would prevent any more racing ; but
several times he escaped from us, and trotted off, compel-
ling us to trot after him till we reached Mr. Galloway's
manufactory in Smithfield. Here he exulted in his acti-
vity, and inquired particularly if I had ever seen a man at
his time of life so active. I could not possibly answer No,
while I was almost breathless with the exertion of follow-
ing him through the crowded streets.
" After seeing at Mr. Galloway's manufactory not only
the things which had been prepared for the Greeks, but his
other engines and machines, we proceeded to another ma-
nufactory at the foot of Southwark-bridge, where our bri-
gade of guns stood ready mounted. When Mr. Bentham
satisfied his curiosity here also, and I had given him every
information in my power, we set off to return to his house,,
that he might breakfast; 1 endeavoured to persuade him to
take a hackney-coach, but in vain. We got on tolerably
well, and without any adventures, tragical or co-
mical, till we arrived at Fleet-street. We crossed from
Fleet Market over towards Mr. Waithman's shop, and
here, letting go my arm, he quitted the foot pavement, and
set off again in one 'of hs vagaries up Fleet-street. His
clerk again set off after him, and I again followed. The
race here excited universal attention. The perambulating

ladies, who are always in great numbers in that part o
the town, and ready to laugh at any kind of oddity, and
catch hold of every simpleton, stood and stared at or fol-
lowed the venerable philosopher. One of them, well known
to all the neighbourhood, by the appellation of the City
barge,' given to her on account of her extraordinary bulk,
was coming. with a consort full sail down Fleet-street,
but whenever they saw the flight of Mr. Jeremy Bentham,
they hove too, tacked, and followed to witness the fun or
share the prize. I was heartily ashamed of participating
in this scene, and supposed that every body would take me
for a mad doctor, the young man for my assistant, and
Mr. Bentham for my patient, just broke adrift from his
keepers."
But the plaintiff was not satisfied with ridiculing Mr.
Bentham and Lord Byron, he traduced every one of whom
he spoke. Colonel Stanhope, the son of the Earl of Bar-
rington, a gentleman of high honour, who had lent his dis-
interested assistance to the Greeks, wag Aid traTieed.
The plaintiff, who represented himself as having
caught the last breath of that extraordinary man (Lord
Byron), and who wished himself to be thought his
Lordship's friend after death, as he was his confidant in
life, also traduced that unfortunate Lady, to whom
Lord Byron was united. Those who were really Lord
Byron's friends knew that he had never uttered a disre-
spectful word against Lady Byron. He always admitted
that the errors which had led to their separation were
his own. Like many other great men, he had some
vices which tended to operate strongly on a chaste and de-
licate female mind. This Lord Byron knew, and he never
could have intended that any eaves-dropper, in his death-
chamber, should catch any thing that he might say dis-
paraging to the character of that noble Lady. Lord
Byron could not have intended to wound the feelings of
his wife, but if he had, it was not for a friend to
publish the foibles and vices of a great character. The
plaintiff went on to say, that the worst of Lord Byron
was the mockery and scores with which he treated the dull
routine of domestic life, and the matrimonial and parental
duties. Here was a story for a friend to tell ! But Mr. Parry
winds it up by adding, that Lord Byron would have been the
most devoted of husbands and the best of fathers, if he bad not
been corrupted by circumstances,or if he had found a woman
who bad appreciated him. He then went on to state that Lady
Byron was herself a woman of fashion, full of the dogmas
rather than the charities of religion, and that Lord Byron
only spoke of the world as he found it; for having seen
five women visiting his wife one morning as friends, with
all of whom he had intrigued, how could he possibly form
any ideas of domestic virtue ? Thus, the plaintiff had
spared neither friend nor foe; Lord and Lady Byron were
equally maligned. In May, 1824, the plaintiff addressed
a letter to Colonel Stanhope, which appeared in page 347
of the book, and he called upon the Jury to bear in mind
that this letter was written after the death • of Lord
Byron. In the letter, the plaintiff addresses Colonel
Stanhope to the following effect :—" Honourable Sir—l
have ever held your private and public character in the
highest respect and veneration." This was the plaintiff's
opinion of Col. Stanhope, when he wanted a small supply
of money, but in another part of his book, he calls Col.
Stanhope a conspirator. He says that no great cordiality
existed between him and Lord Byron, and that Colonel
Stanhope wanted to set up a Newspaper. The plaintiff
goes on to say, that the conduct of Stanhope (for
so he familiarly termed Colonel Stanhope), was like
that of the King of France,though he (Sergeant Wilde) could
not conceive how the plaintiff knew any thing of the King
of France. But so it was, that the plaintiff compared Col.
Stanhope to the King of France, because hebribed the news-
papers to supporthis policy. The Learned Serjeant concluded
by observing, that the plaintiff was clearly an uneducated
ignorant man, and that the defendant had stated nothing
in the libel which would not be supported in evidence. He
submitted, therefore, that the Jury cught to find for the
defendant; but if they found for the plaintiff, the smallest
damages would satisfy the justice of the case.
Robert Laycock sworn—Went out to Greece in 1823
as a mechanic.. Plaintiff accompanied witness in the
voyage. He said he had worked as a journeyman ship-
wright. Plaintiff was very fond of brandy, and seldom
went to bed sober. He often drunk by word of mouth,
which meant that he never took the bottle from his mouth
whilst drinking. The plaintiff often boasted of what he
could do. He said he could destroy the Turkish fleet at
fifteen or twenty miles distance, and that he could take
Lepanto by a fire kite. He said he had been at Rio Ja-
neiro twice.
The CHIEF-JUSTICE said he supposed the plaintiff was
half seas over when he spoke of being at Rio Janeiro.—
(Laughter.)
Examination continued.—Plaintiff was reprimanded by
several persons for setting a bad example to those under him.
Plaintiff had said that Col. Stanhope was sent out to assist
the Greeks, but that he was a d—d ass, and they might
as well have sent out an old woman from the workhouse.
Remembered a Turkish brig being rim aground at Misso-
longhi. Mr. Parry was at Missolonghi at, the time, at
Lord Byron's house. Witness and another were ordered by
Mr. Parry to go in a couple of boats with howitzers to at-
tack the brig. Mr. P. did not go, but was to come round
by land with Greek soldiers. He did not come. He had
a blue coat on, but witness did not know whether be had
been shaved.—(A laugh.)
Cross-examined by Mr. Sergeant TAnDY_Captain
Longridge commanded the Ann, in which ship witness
was. It was after he left the Land's End that he drank
brandy. Had drank with Fletcher, Lord Byron's valet,
coffee,- lemonade, wine, rum and water, and a little
brandy.
By the Coim, at the request of Mr. PIATT....Mr.

Parry hurt his. finger by fighting, at Missolonghi, with a
man named Grubb. He then came aboard nearly drunk,
and cried out all, night, " Oh ! my finger."
William Fletcher, had been valet to Lord Byron for 20
years up to his death, and received a pension from the fa-
mily at present; knew Mr. Parry at Missolonghi ; he
lived in Lord Byron's house ; had never seen him so drunk
that he could not walk—(a laugh)—Lord Byron generally
called him Captain Parry ; remembered some men being sent
to attack a Turkish brig off Missolonghi ; Mr. Parry came
home, and said that he wanted to shave and dress. It was
early in the evening that he came, and he was a long time
dressing—or, at all events, he did not appear in a parti-
cular hurry.—(A laugh.)—When the brig was in flames,
a person was sent to his room to call him, and he found
him asleep. Had seen Mr. Parry before this trial, and
Mr. Parry treated witness very civilly. A Mr. L. Zam-
belli was present. Mr. P. shook hands with the latter,
and said that if he (Zambelli) spoke the truth, he would
speak Well of him (plaintiff.) The latter said to witness
that he had always been his friend.
Cross-examined by Mr. TADDY—Mr. P. had never
wished him to speak any thing else but the truth. Was
not a sufficient judge of fighting to know whether he
(plaintiff) had ever behaved cowardly or dishonourably.
The brig was in flames when Mr. P. was called ; the Turks
set it on fire, but it was thought that it might have
been taken. Mr. Parry was Captain of Lord Byron's ar-

tillery brigade, which was composed chiefly of mechanics
from England ; witness had seen Mr. Parry what he would
call half-and-half.—(Laughter.)
By the COURT.—Witness and others were rather sur-
prised that so►ne means were not effected to take it. Some
of the corps went out while the Captain was stopping at
home to dress and shave himself.
Antonio Lega Zambelli, an Italian, examined by the
means of an interpreter—Lived in the service of Lord
Byron, at Missolonglii. Had the care of the liquors and
the provisions of the latter. Knew the plaintiff at Mis-
solonghi; had seen him twice ; he was asleep on the carpet
on those occasions, his bottle by his sidC, and Lord Byron
called witness to take him away ; had not seen him affected
by liquor more than twice ; had only seen him drinking
in the room with Lord Byron, who handed him the bottle.
Could not say how many bottles plaintiff drank upon those
occasions; had heard plaintiff speak of Colonel Stanhope
frequently ; he spoke against him, but could not say
exactly what ho said. Recollected the Turkish brig at
Missolonghi ; remembered Mr. Perry going to shave ; saw
him enter the house and go up stairs ; did not see Mr.
Farry go out of the house any more that day. The brig
was not burnt when he came into the house.
By Mr. TADDY.—It was six or seven hours after Mr. P.
went into the house that the brig was in flames. Capt.
Parry remained in the house all that time without going
out, Saw it in flames himself. Plaintiff was called Capt.
Parry at the time he arrived, but he was called in Latin
terms " Major," at the back of Lord Byron's house.
At this part of the evidence the witness spoke so fast that
the interpreter could not follow him, and Mr. Sergeant Wilde
applied to the Court to substitute either Colonel Stanhope
or Mr. Bowring for the. interpreter, whom he considered
incompetent to interpret the witnesses' answers.
Mr. TAnDY contended that they were both witnesses in
the cause ; but the Lord Chief Justice held, that if they
were credible witnesses they were credible interpreters.
Neither of them, though witnesses, were parties in the
cause, and Mr. Bowling. accordingly appointed interpreter.
Mr. Bearing was then sworn to interpret.

By Mr. Sergeant WILDE.—I did not her any person
calling out while I was in Lord Byron's house. The per-
sons who were in small boats on the coast desired Captain
Parry's attendance on account of the vessel being ashore ;
this was after Parry went into the house ; the persons call-

ing out saw him, and he answered, " stop, stop ;" Parry
did not go out after that all ; Parry came as Captain when
he came the first time.

Colonel Stanhope sworn by Sergeant.Witnit.—l am
Lieut.-Colonel in his Majesty's service, I volunteered to go
out to Missolonghi, I saw Parry there, I had an opportu-
nity of seeing whether be was a . man of sober habits or
not ; he lived in my room, and was in the habit of drink-
ing ; he was a
boaster of his own powers ; I never heard him say any
thing about storming ; I have frequently heard him speak
of rockets; he was, a greater man at making them than
Colonel Congreve; he said he had some of which Colonel
Congreve had the merit. He said he could take
Lepanto with a fire-kite ; I think I have heard
him say he could perform operations on a fleet at a dis-
tance of seven miles, with the fire-kites. I don't think
him a man by any means capable of writing the book now
produced; I should say he was totally uneducated; he
certainly was not a grammarian. I have heard him
make a boast of his military capacities as an engi-
neer. I saw the Turkish brig when she was ashore
Lord Byron was not there; a Turkish brig run on shore
about five miles from Missolonghi ; Lord Byron and myself,
went with the Greek agents, to give assistance, we ordered
the officers to ppoceed with the brigade and the artillery ;
almost the officers, soldiers, and some of the in-
habitants, immediately proceeded thither ; we were

For some time under bombardment, and thinking we would

be stranded, and being there for two days, the crew
set her on fire. The crew got into bo'ts, and
went to another brig that was off, hovering. Byron did
not attend from indisposition; Parry never attended at all.
Byron treated Parry as a fool—as a merry-man. Byron
called Parry Falstaff, and Parry used to call Byron Hell.
I have had an opportunity of seeing the writing of Parry.
I never heard Parry say any thing of importance of Fletcher.
By Seijeant TADDY..—I know that Parry is a man of
strong natural understanding. I do not know that he
superintended the building of steam vessels. I never knew
any man with whom I have not had occasion to differ
in opinion with when I have been on terms of in-
timacy. I differed in opinion with Lord Byron re-
specting a newspaper. The subjects have been politica',
and others on which I have differed with my friends, prin-
cipally with respect to a Free Press; to state the
sitbation of the inhabitants of Greece, I differed
with Lord Byron ; we both were for Free Press,
hut we differed on some points. Parry was nomi-
nally in command of some of the forces. I was my-
self a superior commander, but there was none between
Parry and myself. The officers to whom I alluded
were Parry, and a German officer who directed
the discipline of the forces. I was at Missolonghi, about
six weeks or two months after Parry came out. During
that time, he was in the habit of drinking to excess, both
at Lord Byron's table, my own, and every place where he
could get it. I never saw him dead drunk, but with as
much as he could take. He taught some of the men the
rudimentary artillery knowledge.
By Mr. J. WlLDE_Though Parry was not at the brig,
some of the men under him were there.
By the Conter---I should have conceived, from the situa-
tian he held, he ought to have been there. Mr. Parry was
at the head of the Subaltory, and it might be said he was
right in remaining there till the stores had been supplied.
The brig frequently fired. If he was an efficient man, he
could have been of the greatest possible use, for the brig
might have been taken with the cannon and artillery under
his command.
By the Jury—He was called Major. To gratify his
vanity he was allowed to have that title, and in fact to act
as Major. He was allowed by Lord Byron to be called
Major. I rather think he had a sort of uniform. I don't
know the signature to the paper produced to be that of the
Greek authority. The title of Major was given to him by
Lord Byron and by the Greek Government.
The trial was not concluded when we went to press.

Mr. BROUGHAM visited Mr. CANNING yes
terday.

The Princess LIEVEN, the Duchess of LEEDS,
the Dowager Marchioness of DOWNSHIRE, the Baron de
MuxeltausEN, Earl and Countess BECTIVE, Earl CHAT-
HAM, Earl FERRARS, Viscount STRATHAVEN, Lord HOL-
LAND, Lord JOHN RUSSELL; the Bishop of St. DAVID'S,
Lady C. LANE Fox, the SOLICITOR-GENERAL, the King's
PROCTOR, the Dean of WESTMINSTER, Sir F. BURDETT,
and Alderman BIRCH, were among the inquirers, yesterday
afternoon, after the health of her MAJESTY, at the King's
Palace, St. James's.

Mr. CANNING, Mr. WYNN, and Mr. Hus-
xissorz had several conferences yesterday with Viscount
GonEarcu at his residence in Downing-street.

Yesterday, the dispatches for Bengal, by the
ship Thomas Grenville, Captain CHARLES SHEA, were
closed at the East India House, and delivered to the Purser
of that ship.

Yesterday, a Court of Directors was held at
the East India House, when Major-General Sir JOHN
MALCOLM, G.C.B. took the oath on being appointed
Governor of Bombay. Sir JOHN afterwards dined with
the Directors at the Albion Tavern, Aldersgate-street.
There were present several of his MAJESTY'S Ministers,
and many other distinguished characters.

DlED.—This morning, at his house in Great
George.street, Westminster, in consequence of a fall from
his horse, some time since, THOMAS INl.stmE, Esq., uni-
versally respected and beloved.
The Committee for regulating the approach-
• ing Southampton Regatta, have offered six prizes to be
contended.for, among which are two silver cups, to be sailed
for by yachts. -

SILIPPING INTELLIGENCE-(THIS DAY.)

FROM LLOYD'S.

DEAL, JUNE 13.—Wind N.E.—Arrived from London
the Robert and Ann; Stephenson, for Miramichi ; Eliza
and Nancy, Head, for Cayenne; Lnd Alfleda, Mitchell,
for Gibraltar. Arrived the Thalia, Shand, from Jamaica;
Cecrops, Gilmore, from Trinidad ; and Barclay, , from
Jamaica.

PLYMOUTH, JUNE 12.—Wind E.—Arrived the Bel-
lona, Wakeman, from Walla; and Humility, Hay, from
Pillau.

PORTSMOUTH, JUNE 13. —Wind E. N. E.—Arrived the
Logatus, Anderson, from Dantzic ; and Magnet, —,
from Cape Coast. Passed the Astell, —, from China.
Cowes, JUNE 13.—The Sicilian, —, from Jamaica,
came out of dock last night, and has commenced reshipping
her cargo.

PARIS, Sums 11.—By advices from Cadiz, of the 25th
ult., the Libre Colombian privateer had arrived at Gibral-
tar, with the crew of the Spanish ship Andrea, which she
captured off Cadiz.
_

GIBRALTAR, MAY 24.—A vessel, which arrived from
the Eastward on the 22d inst., reports having seen, off
Frangirola, two Colombians, a brig (the Pinchincha)
and a brig schooner. It is reported that there is a Colom-
bian cruising outside the Straits.
ROTTERDAM, JUNE 12.-The Helena Christina, from
Batavia, has become a total wreck; only a small part of
the cargo and some of the ship's materials saved.

PARLIAMENTARY PROCEEDINGS.

HOUSE OF COMMONS.
NOVICES OF MOTIONS FOR TATS DAY.

1. Mr. Michael Angelo Taylor—To make certain altera-
tions in the mode of ballotting for the Trial of Election
Petitions, and on other points connected therewith.
2. Mr. Edward Davenport—Select Committee to inquire
into the causes of the severe distress which has af-
flicted the Commercial and Industrious classes of the

Community during the last and present years.
3. Mr. Charles Pallrner—Bill to amend the Acts 3 Geo.

4, and 4 Geo. 4, relative to the estreating of Fines

and Recoveries.
4. Mr. Stanley—Bill for tlie regulation of future Elec-
tions for the Borough of Preston.
5. Mr. Moore—Returns relative to loans made in Eng-
land and Ireland under 57 Geo. 3, c. 34, and sub-

sequent Acts ; and to present a Petition on the prac-
tical improver.ient of Ireland.
6. Mr. Robert Go: don—To present Petition relating to
the state of Lunatic Asylums.
7. Mr. Spring Ric?—Motion respecting the Election Pe-
tition presentel from Athlone with forged signatures,
of which forgeries Thomas Flanaghan was cognizant.
8. Sir John Newport—Report of Commissioners of In-
quiry on Irish Education, concerning the Middleton

School.
9. Mr. John Wood—Number of convictions of Retail
Brewers for selling Beer to be consumed on their
premises, under Act 35 Geo. 3, c. 116, since Ja-
nuary, 1824 ; distinguishing the several Counties.
ORDERS OF TICE DAY FOR THIS DAY.
1. Arrests upon Mesne Process Bill—Committee.
2. SaVings Banks Bill—Second reading.
3. Malt Bill—Further consideration of Report.
4. Land Revenue (Ireland) Bill—Third reading.
5. Customs Bill—Committee.
6. East Retford Disfranchisement Bill—Second reading.
7. Dissenters' Marriages Bill—Further consideration of
Report.
S. Prerogative Court (Ireland) Bill—Third reading.
9. Court of Exchequer Examiners (Ireland) Bill—Report.
10. Game Bill—Further consideration of Report.
11. Excise Duties Bill—Further consideration of Report.
12. Butter Trade (Irelandl4ol=Committee.
13. New South Wales Di-if—Second reading.
14. Slave Trade Laws Consolidation Bill—Second reading.
15. East India Company's Charter Act—Committee there-
upon.
16. Consolidated Fund Bill—Third reading. .
17. Glass Bill—Third reading.
18. Exchequer Bilis (13,800,0001.) Bill•—Third reading.
19. Vote of Credit Bill--Committee.
20. Game Certificates Bill—Committee.
21. Advances for Fublic Works Bill—Third reading.
22. Stamp Office Bill—Committee.
23. Sites of Public Buildings Bill—Third reading.
24. Replevins (Ireland) Bill—Second reading.
25. Alehouses Licensing Bill—Third reading.
26. Carriage of Parcels Bill—Third reading.

NOTICES GIVEN YESTERDAY.
Tuesday, June 19.

Mr. Spring Rice—Bill prevent the application of Cot,
porate Funds to El etion purposes.
Wednesday, June 20.

1. Mr. Hume—Address concerning Naval Promotions.
2. Mr. Peel—Bill to facilitate the Recovery of Smal
Debts.

Thursday, June 21.
Sir Francis Burdett—lmpressment of seamen.

SPORTING INTELLIGENCE.

ASCOT HEATH RACES.—WEDNESDAY, Julia 13.
There was an evident falling off yesterday in the com-
pany, more, however, in number than quality, for most of
the leading members of the hart ton and all the great turf
Noblemen were again present. The same diminution was
observable in the sport, but that also applied less to its
quality than number, for two better races than those which
constituted the day's running have not been seen for Some
time. The defalcation is attributable to the pre-eminent
attractions of the Grand or Gold Cup Day (the third),
which is always characterised by the number and richness
of the stakes, the celebrity of the horses, and the multitude
of the visitors. The third day at Ascot is like the same
day at Epsom, to which in many of its features it hears a
strong resemblance ; in one especial particular it is likely
to bear a very disagreeable affinity, viz.—in the dusty state
of the roads.
The King arrived on the heath precisely at one o'clock,
in the same form, and accompanied as on the first day.—
His Majesty was received with the most fervent expres-
sions of loyalty and attachment, which his Majesty acknow-
ledged with his accustomed grace and affability. Besides
the Royal Household, there were present the Dukes of
Portland, Grafton, Leeds, and Richmond ; Lords Mount-
charles, Exeter, Blandford, Graham, Cavendish, Jersey,
Lowther, Scarborough, Fife, Bentinck, Titchfleld, Tavis-
tock, Orford, Verulam, &c.
The Swinley Stakes of 25 sovereigns each. The last mile
and a half : to start at the Swinley post.
Air. Delme Radcliffe named Maria, 3 yrs
Mr. Ramsbottorn's ch. c. Agamemnon, 4 yrs 2
Lord Mountcharles's h. c. Royal Oak, 4 yrs 0
Mr. J. Rogers's Monarch, 4 yrs 0
Mr. Haffenden's Trumpeter, 3 yrs
Four paid-2 to 1 agst Maria ;7to 1 agst Agamemnon.
Monarch let off at very severe running with Maria, a
very handsome second, and the others at command ; they
kept well together at a rapid pace to the turn on coming
to the straight course, where every one of them made a
most desperate rush, in which Maria was successful ; and
on coming into the straight ground she headed, but the
Others were all of a line, and close at her neck for some
time; she, however, kept her advantage, shook them ofl
before they made the Judge's stand, and was in first by a
length, amidst the acclamations of the populace. His
Majesty, on being congratulated by the Nobility in attend-
ance on the success of his filly (Maria being of the Royal
stud), expressed himself highly gratified, as well with the
event of the race as with the admirable jockeyship of that
promising young jockey Arthur Pairs, who rode her.
The next race n the list was the Albany Stakes of 50
sous. each, for 3-yr. old colts and fillies, in which Brocard,
Maria, Pontiff, Als.meluke, and six others, were entered ;
and immediately ,;n the conclusion of the last race the
betting on it began. But it was soon made known that
the King's filly, having been severely pushed in her race,
would not start ; and immediately upon this Lord Jersey
declared that he had sold Mameluke ; and as no others
would encounter Lord Verularn's Brocard, she walked over
for the stakes, and received the half forfeits from nine sub-
scribers, much to the disappointment of the betting men,
as well as the others.
Mr. Gulley, it is said, has given Lord Jersey 4,000
guineas for Alameluke ; and what may appear strange, his
Lordship has refused 5,000 for Glenartney.
The third and last ra,;e was for a plate of 501. for all ages.
Once round and a distance.
Lord Warwick's Double Entendre, 6 yrs 1
Mr. Heathcote's br. c. Syntax, 4 yrs 2
Capt. Leek's b. m. Fye-Fye, by Filho, 4rs 0
Mr. Brown's tr. c. by Allegro, Barrosa, 4 yrs. . 0
Lord Mountcharles's g. c. Laburn, 4 yrs 0
Mr. Scaith's br. c. by Octavius, 3 yrs.
10 to 6 agst the winner (taken); 2 to 1 agst Syntax
The races finished at half-past three, and directly after
his Majesty left the Heath, but not till he had signified his
approbation of the precision with which the details_ of the
day were conducted.
The races to-day will consist of the Gold Cup ; the
Windsor Forest stakes; two stakes of 200 sous. each, and
a SO eovs. stakes,