Star.
London, England, 1823-11-21 00:00:00

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niY be sorry.
ration should
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mal and eIZ
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become
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practice you
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sympathies
ve think thin
i will not be

rf.found still..
ras occa,ion.
which were
hcm he was
itioit."

increase: 80
in ten days.
in the play.
ram, Surrey.
Hs. Silddenir
!ilea! as•lst•
ON and Mr.
ery, ar.d re.
re.;
e WA,
WINGFICLD.
him to tin-
Ivanisrn, ac-
our months.
In this time
, and is now
18 months
boy's name

a dentin-
!ar Cosham,
of W. PAD.
I dispatched

I assi.tance.
e respective
the inhabl-
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th town en-
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ranee could
eature. that
:ks that had
ilik,ed to be
hand to the
!ct, Officers
ei e seen
•e now had
four large
brick sta.
destroyed.
ig the ricks
inevitable.
little rem-
.omplished
dui ing the
le short of
One of the
have the
above fire

ration Nets
n, the 76
are to un-
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waled (we
hat for an
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it, ofshort
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a portion
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detached
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to in its
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placed
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as made
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HERTFORD JAIL.

GILL'S HILL COTTAGE. _

me 094 r
to '*yll4

We stated yesterday, that late on Tuesday the High
Sheriff of the county. of Hertford drove into the towp,
od visited the jail, where he bad an immediate inter-
view with some of the visiting Magistrates. Sometime
after, the High Sheriff repaired-to the apartment where
panel' is confined, and in which the prisoner was con-
ovine privately with his solicitor, Mr. Jay. The High
mera, with great politeness and humanity, tendered
his services to the .prisoner, and expressed to Mr. Jay
his own personal desire, that the utmost facilities con-
assent with his official duty should be allowed to the
wihitors. Thurtell thanked. the High Sheriff, and said,
that all be desired was to be allowed to see them.
In the course of the evening, Mr. Jay waited, by in-
vitation, upon the High Sherd, who repeated his desire
le recommend a conMiance with the request which was
Kissed to Mr. Fenton by the Magistrates on Saturday,
sad to interpose in such a manner as would render un-
,ecessary all further legal efforts to attain that object.
while IJr, Jay and the HO) Sheriff were in conversa-
%ion, anaccount arrived, that a mandamus had been is-
wed from the Court of King's Bench in the course of
that da y (Wednesday), and was to be forthwith trans-
tinted to the Sheriff's office.
It was-stated yesterday, that the High Sheriff did not
intend to indorse any return upon the writ, and by this
tacit anent to its order, to admit the application of Mr.
Ram, which was resisted by the Magistrates on Sa-
tladgi. Ar. Fenton, however, who at rived in Hertford
morning, at ten o'clock, was the bearer of the
yestfrd4Y
writ, anti felt it to be his duty to serve copies of it. A
complete alteration had, however, within a short time,
taken place in the disposition to refuse admission to Mr.
Roma, and that Gentleman was yesterday admitted to
see Thula, as one of his Solicitors.

Saturday, it is intended that the whole of the depo-
ritions lot the prosecution shall be read over to Thurtell,
and the several witnesses who speak to his identity are
to have an opportunity of seeing the prisoner, for the
more full verification of their respective depositions..
The demeanour of Thurtell, in his interview with Mr.
Fenton, was cool, collected, and unembarrassed, and his
communications or irtstructions for his defence are said
to be extremely voluminous. Mr. Chitty and Mr. An-
drews are the Counsel said to be retained for Thurtell.
A King's Counsel is also spoken of by a special retainers
Air. Hewett, a Solicitor on the part of the assignees
of Thomas Thur tell, accompanied by another Gentle-
man, arrived at Hertford yesterday, for the purpose of
obtaining an interview in the gaol with John Thurtell,
upon the subject of the insurance case, and to obain an
sifi.iavit from the latter, it is supposed, in contradiction
to Hunt's, which Mr. Barber Beaumont procured when
he visited the prison. Altar a short consultation upon
the subject of the admission, the Under-Sheriff gave an
order for that purpose, which was obeyed by the gaoler.
He had in consequence a conference with John Thurtell,
and we understand depositions upon the insurance case
were taken in the prison.—The demeanour of the pri-
soners has suffered very little alteration.
Yesterday Hunt changed his last sovereign, and
Probert received at the same time from Thurtell the
uncomfortable intimation, that he could not afford to
pay any longer for his support. No person having as
yet offered any professional assistance in behalf of Pro.
ben, a gentleman addressed Mr. Jay in the prison,
while he was proceeding to visit Thurtell, and asked
whether it was inconsistent with his arrangements, or
improper, for him to undertake that prisoner's defence?
Mr. Jay replied, that as he was deputed solely to act for
John Thurtell, he could not extend his professional aid
to any of the other prisoners.

After the arrest of Probert, the person from whom
be rented the cottage (we believe Mr. Heward) put in
I distress for rent, and immediately after, the High
Sheriff put in an execution for £1,500, and satiAed the
landlord's claim for a half-year's rent. The landlord,
however, applied to Probert, when he was brought up
forfurther examination before the Magistrates, and re-
marked -to him that there was no use in keeping the
key for the remainder of his (Probert's) term, which
would not expire until next year, and Probert gave it
up to the landlord, who immediately took possession of
the premises.—lt is said that a legal contest is likely to
arise between the Sheriff and the landlord. respecting
The receipt by the latter of the money for visitors,
which amounted to a smart sum, that appearing at
present to be the only fund from which the Sheriff's
execution is likely to derive any return.

CAPTAIN COOK.—The widow of this celebrated cir-
cumnavigator is now residing at Clapham ; she is at a
very advanced age, having survived her husband 44
years, and is in the possession of all her faculties.
A tradesman in Liverpool, who kept a donkey,which
was a particular favourite, admitted it as an occasional
visitor into his kitchen. On Monday last a letter, sup-
posed to ccr.tain a bill for fifty pounds, was left upon
the table, which soon disappeared: the poor donkey
was suspected of being the thief, was summarily exe-
cuted, and ocular demonstration Made of his having
swallowed. it, but not a vestige of either letter or bill,
excepting the seal, was found in the donkey's stomach.
A tale of severe suffering at sea is related in a letter
received yesterday horn Falmouth, dated the 18th inst.
An American brig sword the Ardent. of Hinton, was
wrecked on the 2fich of. September on her return from a
whaling voyage. The vessel remained aground till the
25th of the following month, at which periodic' situ-
ation was discovered, and succour. afforded, by she
Lord Sidmouth -packet, then on her voyage from New
York to Falmouth. During the whole of that tune, the
unfortunate crew of the Ardent had little food or water,
and no shelter whatever. from the inclemency of the
weather. They were originally 14 in number, but of
them, when taken up by the Lord Sidmouth, nine had
(Ned from their sufferings; and of the remaining.ave one
of them, the mate, died soon after being taken on board
the packet.: The survivors arrived at Falmouth on
Tuesday'by the.LOtd Sidmouth, in a state of extreme
tnimustion and debility.
Dore ST Futneraio..—At the auction of Mr. Wood,
of trial, Past, Salop, on Monday se'nnight, two but-
chers quarrelled and fought. After a few rounds, Tone
of the combaxits received a blow which terminated his
existence soon after.
INCRIASIL—One of Abe overseers and
the vestry clerk of the parish of Hounslow-v.lmq before
the sitting Magistrates at liattonGarOen, yestirday,
with ♦ young man in their custody, on a Charge of bas.
tardy, as being the father of twin children, born in their
workhouse, on the 6th of this mouth ; on whieh day)
they Stated, that three other women were delivered in
the acme workhouse, each of twin children; being au
incitese to the parish of eight children in woe day,
althpugh there was notw woman delivered of twins in
their 2soo* the last telve months before.

THE ARMY.

A report bas been very generally circulated among the Military
at home, that the Army, in comequence of the great addition to the
force recently in the West Indies, win be augmented ten thousand
men, but whether by additional battalions or regiments, is not said.

NAVAL L TELLIGENCE.

The ship Triton. Cant, from Leith to Van Diemen's Land, ar-
rived at Teneriffe on the 19th of October, and proceeded on her
voyage on the 12th, all well.
The Louise, HAGAN from Leith to Stettin, was lost on the 29tb
ult. on Lessoe---crew saved.

The Enloe, Capt. Joust Lavrazucx, C.& sailed from Havannah,
for Barbadoes, eight days before the Puarroz, and escorted a convoy
through the Gulp's, three of which ships, viz. the Britannia, Post-
humous, and George Bickerton, the Paarrox came up with and
spoke in lat. 33.44. N. long. 64.38. W. The ships communicated
that they had, after clearing the Golph, experienced the tail of a
hurricane, in which they were all in imminentdanger and separated.
It is likely that most of the ships have put into New York. The
PHarrou had a most tempestuous passage home, in which all her
topsails repeatedly blew out of the bolt rope. She was obliged to
put into St. Michael's to refit, where she learnt that Lord Comt-
ism': was cruising of the Western Islands, in the Don Pedro, 78,
Capt. Canary, and had taken a number of Portuguese prizes.
Fatwourat, Nov. 10.—Wind S.W.—Arrived the Dove, DOCKER*
from Bilboa in ten days ; Kattern, Bointsvou, from Denia—sailed
the Ist of October. Off the port, Ann, Wnressoaz, from Antigua.
Ptes:orris, Nov. 19.—Wind S.S. W.—Sailed the Skylark and
Smyrna, for London ; and Contest, COULSON, for Shields. Off the
Port, the Dlulgrave Castle, Haunt, from the Maoridue—failed the
28th July.•
Pownstotrrn, Nov. 20. Wind &W.— Arrived the Harriet'
Cram, firm the Downs for Sierra Leone. Sailed for London, the
David Walter, Olive Branch, Four Friends, Marianne, and Olive;
and the Pomona and Hero, for Hull.

DIAL, Nov. W.—Wind W.—.. Passed by, the Union yacht, with
the Harbbur-Naster of Ramsgate, from accompanying Sir Witxram
Corns dovin the Channel. Arrived the Netherlands sloop of war
Courier, from Flushing for the Mediterranean ; Dart, Duac, from
the Westward ; Underwood, RZMINGTON, from Demerara ; and
Roar, AICZN, from Oporto.

Aasivars—At Bahia, the Malta, Wissett ; Meridian, Salisbury;'
Royal Sam, --, from Liverpool; Swiftsure, Caddy, from Lon.
don; Albion, —, from Cette ; Fanny, Irvine, from Gibraltar ;1
Elisabeth, Mordaunt. from Buenos Ayres; and Janie, Gibson,
from Liverpool. At Ham, Constance, —, from Pernambuco;
Donde, Dolor, from London; and Aid, Leslie, from Riga. At
Halifax, Aurora, Hallett; and Industry, —, from London;
Lord Wellington, —, from Liverpool ; Arid, Allen, from Lis
ben; Ida, Wilson • Amelia, Marshall; Queen, Nicola; Peggy, Re-
signed ; and the Lowland Lass, RN" Jamaica; Cherub,
Cock* from Tobago ; Lune, Freeman, from Dominica ; and Ju-
lian, Collier, from &. Kitt's. At Genoa, Made, hem
Buenos Apes; and Susannah, Maley, from Paraiba. At Leg-
horn, &oasts. Gilbert, from Labrador • David, Hancock ; and
the Harmony, Stevens, from Newfoundland. At Gibraltar, Sce,
Nerfor, from London ; and the New D. Aram packet,
Trinidad. At Cadiz, Britantda, Strange, from Newfoundland. At
lleßeche Auguste,—, from Guadaloupe.

LAW INTELLIGENCE

COURT OF CHANCERY, NOVEMBER so
COVENT-GARDEN THEATRE.
CONS? V. HARRIS AND °TRIERS.

Mr. HART resumed this motion, which stood over
since before the vacation. His Lordship then stated,
that the case of a Theatre, when it is brought into
Court, must be considered as any other partnership pro-
perty, although such treatment, on the part of the Court,
almost always ended in the total destruction of the
concern, and often to the great inconvenience of all the
parties interested, and after pointing out some difficul-
ties, recommended that the parties should consider-
whether or not they could come to an amicable arrange,
ment among themselves. The Learned Counsel, how-
ever, this day was instructed to pray for the judgment
of the Court: In doing so, he would not trouble the
Court with going into the statement made before the
vacation, respecting the plaintiff having written a letter
to the defendants, requesting to be paid some money
out of the present income of the Theatre, because no
such meaning was ever intended to have been conveyed
in tbe tenour of the letter. His Lordship had intimated
that no pairtner could prevent another partner from a
fair and proper interference in the management of the
concern ; but, if a pattner of his own accord withdrew I
himself from that fair interference, and then came here
to complain, the Court could not grant him relief. The
Learned Counsel felt the weight of this observation, but
the question was, whether such a position arose in this
particular case? and his duty was humbly to submit that''
no such position arose. The gravamen of the case was,
that the deed entered into in March, in the year 1822, be-
tween
Messrs. Harris, Willett, Forbes, and Kemble, was
in fact, a deed entered into for the express purpose of
excluding the plaintiff from all interest and interference
in the Theatre, and thereby' (Mr. HART argued) them-1
selves destroyed the original partnership that existed
between the plaintiff and the defendants. Indeed, in
that very deed, Messrs. Willett, Forbes, and Kemble,
covenanted to indemnify Mr. Harris against any injury,
he might sustain from' Mr. Const, provided he entered.
into the then proposed arrangement, which he did, and
which, the Learned Counsel trusted, would induce the
Court to pronounce judgment in favour of his client.
Mr. HIALD, and a few other Gentlemen, made a few
remarks on the other side.

His 1401UPIIIP thought an important question would
have to be decided by looking at the instruments granted
by
.the King's Patentee conveying shares to the different
parties; namely, whether the owners had a right to
assign, from time to time, their shares to others, and
whetheethey bad been in the habit of doing so, without
having been found fault with ? If the case was to stand
on the deed that had been so much discussed, the incli-
nation of hit Lordship's opinion was, that the applica-
tion founded on the objections "taken to the contents of
that deed, was not tenable; but he would take the affi-
davits, and after reading them carefully over; pronounce
his judgment, unless the parties could yet come to some
arrangement between themselves, so as to prevent the
necessity of the Court interfering in any way.

VICRXHANCRLLOR'S COURT, N0V.90.
navarr t 7. DANIZL WHITTLE lIARVSY.
Mr. HIALD said, this was a bill filed by the plaintiff
in order to obtain from hit Honour an order, restrain-
log the defendant from all further proceedings in an
action commenced by him against the former for the
recovery of a sum of money, alleged to be due by him
to the defendant ; and also, that the accounts between
the parties might be referred to the Master. In this case
the circumstances were these: In the year 1817, the
plaintiff, who was then a minor, applied.to Mr. Harvey
fur some pecuniary assistance, and accordingly it was
agreed that he should grant him an annuity of 3001. a
year, payable monthly. Os receiving professional ad-
vice, Mr. Rerett reduced the annum to 1501. This
was paid during three years, and in 1821,, when the!
plaintiff was of age, a meeting. took plate between the
parties. At that date a settlement took plate, and an,
instrecannt wat drawn up, with a blank left for the

amount of the sum due from Mr. Revett4 This was
afterwards filled by the figures denoting the seas of
121 a. This, it was stated, was filled up by Mr. Harvey t
the true amount only being about MI. The abject of
this application was, therefore, to induce the Court to
direct the cancelling of that instrument, and that the
Master might examine the accounts as they then stood,
and make his report as to their real state.
Mr. Hoene, on the other sidgcread the answer of
Mr. Harvey, in which it was
for
that nu original'
agreement had taken place for and that the sons
always proposed was 1501. He had advanced Mr.
Revett a sum of 12001. besides the annuity ; the deed
which the plaintiff mentioned in the bill had been filled
up by the Gentleman himself, and not even in the•pre-
sence of Mr. Harvey. In proof of this, the affidavits of
*veral clerks were produced, which stated, that the
figures 12151. were more like those of the plaintiff than
those of the defendant. Besides this, he bad advanced
Mr. Revett a sum of five hundred pounds since that in-
strument had been drawn up. 'As to the demand of
cancelling the instrument, if that request were to be
complied with by the Court, Mr. Harvey would' be
deprived of the means of enforcing his just claim; for
he had given up the vouchers for the duff rent sums ad.
vanced by him, at the time the settlement of the ac-
counts had taken place; it also stated, that the sum
of 1215/. was not sufficient to cover his demand.

The Vtce•Cumacattott.—l am of opinion that
ought to grant the prayer of this bill. Mr. Harvey re-
torts the accusation of filling up .the bill with 12151.
upon Mr. Revett. Now, he should have known, as a
professional man, that it was most improper to allow a
young man, like this, to fill it up, without having some
witness present on his part. On That ground I shall
direct the instrument to be cancelled. Mr. Harvey also
states, that he has given up his vouchers, and, by -that
means, will be unablesn obtain the liquidation of his
debt. This he also knew he should not have done; but,
if the debts are well founded, there is no doubt that he
will be able to prove them before the Master. On that
point, I am also disposed to direct the Master to ex-
amine the accounts. On the subject of costs, I must,
however, say, that as Mr. Revett has charged Mr.
Harvey with having filled up this instrument with the
12151. and has produced no proof of his assertion. I
think that, though be has a right to claim the fulfilment
of his prayer, by the Court, yet I consider it my duty to
direct, that it be without costs.

COURT OF XING'S MiNCII, FrOVEMBRR 20.
THE ICING V. OMER •SRARAK.

This defendant was-brought up to receive the judge
meat of the Court, having been convicted on the Oa.
ford Circuit of assaulting an excise officer in the execo-
tion of his duty.—Counsel addressed the Court in miti-
gation, and the SoLICITOR.GANARAL in aggravation.
The Court sentenced the defendant to be imprisoned
one month in Monmouth Jail.
TIM LING v. D. W. MARVA?, no. AND JOHN chaemair.
The ArroIINZY-GeNtRAL prayed the. judgment of
the Court upon the defendants, who were found Guilty'
at the London Sittings after last Term, of a libel (which
appeared in the Sunday Times of 9th February, 1823)
son his present Majesty.
The Crime JUsTICe having read his report of the trial,
Several affidavits were put. in on behalf the defend..
ants. The first affidavit was that of the defendant, John
Chapman, who swore that up to and before the year
1818, he farmed on his own account between fifty and
sixty acres of land in the County of Essex, but the de-
preciatkm of 'agricultural produce compelled him, in
1816, to give up his farm, and for the following year
be, his wife, and child, were supported by the bonnty
of his friends. In the year 1818, being completely
destitute, he applied to the other defendant, who
bad known him in better times. Mr. Harvey immedi.
ately took the deponent's son (a lad 13 years of age)
into his house, and got this deponent employment at
$O5. per week with Mr. Hall, of Lower Thames-street.
Mr. Harvey having been disappointed in going to the
Bar, had no more occasion for the services of the de-
fendant's son, whom he intended to be his clerk. When
Mr. Harvey became the proprietor of the Sunday 7 tares,
be offered the defendant s son the situation of publisher,
'at.lss. per week, upon the deponent's entering his name
at Somerset House, as printer, his son being then a minor.
The deponent further swore, that he never was in the
Sunday limes printing office—that he never wrote the
libel which was the subject of this prosecution...that be
never saw it composed, and that his whole subsistence
was derived from his weekly wages.
The nest affidavit was that of Wm. John Hall, pro-
prietor of the Custom-11044e and Wool geys, who
swore that from July, 1820, to August last the defend-
ant Chapman was a superinteadant of deponent's wharfs;
that he behaved himself soberly and diligently in the
deponent's service, and that the deponent very much re-
gretted having lost such a servant.
The next affidavit was that of Luke Elrod, the Ma-
Roger of the Sunday limes. He swore that be was well
acquainted with the hand: writing of the defendant, Mr.
Harvey ; that he remembered the manuscript of the
libel, the subject of the prosecution, and that it was not
in Mr. Harvey's hand-writing ; he was employed as
printer of the Sunday Times, and he never saw the de-
fendant Chapman at the printing-office of that Paper;
that it was the practice of the office to put the latest
article which arrived under the head of " Latest Intel-
ligence," without any reference to the import of the ar-
ticle; that he remembered, the arrivarof the manuscript
of the libel at the office, and it being a very late hour
he was obliged to cut it up into different parts to be
distributed among the compositors.
The affidavit of Wm. Soffe, the reader of the Sunday
Times, was next put in. He swore that he remembered
having read, in various pieces, the manuscript of the
libel : that he was acquainted with the hand-writing of
Mr. Harvey; that this manuscript was not in his 'hand-
writing; and that he had since made diligent search for
the manuscript, but could not find it.
Mr. D. W. Harvey's affidavit was next read.—lt
stated, that in January last be became proprietor of The
'&oldey Times, partly to secure to himself the payment
of a certain sum of money, and partly because the po-
litical principles of that Paper were in unison with his
owe; and in the expectation that by the exercise of his
talents in conducting that Paper he might be able tit
procure for himself an honourable support, which hii
iSsappointments in being, shut out from the Bar reef .
dered it the mere necessary for him to seek ; that,
eider to be called, to the Bar,' he had for two yeap be
pre bad his name struck off the Roll of Attornies, Ana
thereby sa,aificed a practice of about 2,5001. per.aian;
that these diiappoinfmentslLiYing made great idroidkr
tipon has pecursiar.ftnearis, and having no heredo)
foftune, *Ai obliged- to look for some active e.-
ment,,a4ad ac.cordinik. embraced
•

UT:

beaming ropillort The Sway* Tines. In con.
ductuig a aewijograr i :Wit well known ;hat many pas"
ions alum be id inky theprof?rietor, and some
allowance mast bovaatitt for the anxiety of a proprietor
to get the earliest infotaradon. Below thepublicatioo
of the article prosecuted by his Majesty's Attorney-Git•
floral. the Daily Landau&'eta was speaking out pointedly
as to the state of hisillloOsty's health, and The &ado,
Tina did not allude .to the rumours until the propric.
War that linger silence would be an abandon-
-10 public duty, and he therefore applied to
.thitEditor of a Morning Paper, whose channels of in-
fbrasation he knew to he good, and by him he was
strengthened in•his beJinf of the truth of the rumour.—
The deponent.fnadear stated, that be was not the author
of the libel; that he did not see it until it was in print;
but he admitted that, from previous communications
with the author, he was partly apprised of its contents.
The decision of the Court to exclude him from the Bei
made great havoc in his property and health; that he
could never go (although be observed the strictest re-
gimen) seven days without medicine; that for the safety
of The Sunday 7 intes establishment his continual super-
intendence was necessary; and that a protracted impri-
sonment would, in his belief, materially. injure his
health, if not take away his life.
The affidavit of Isaac Sewell, the defendant's Solici-
tor, stated, that on the Bth of March la.t he wrote a letter
to Messrs. Maule, the Solicitors for the prosecution, of-
fering to give up the author, upon condition that all
further proceedings
.against the defendants should be
stayed; but he received a note in reply from Mr. Manic,
stating that he had laid the deponent's letter beirate the
Attorney-General, who was of opinion that there was no
pretence for staying the proceedings.
The affidavit of Mr. Addington, who is Mr. Harvey's
surgeon, stated the bad state of Mr. Harvey's health,
and swore that in his opinion nothing would tend so
much to shorten the defendant's life as a nonobserv-
ance of a proper regimen and of due exercise.
Thomas Smith, of Trinity-square, M.D. knew the
state of the defendant's health for three years, and was
of the same opinion with Mr. Addington respecting the
effects likely to be produced from want of due exercise.
The next affidavit was the joint affidavit of Thomas
Smallpiece and two other persons, who were on the Jury
that tried the defendants.
The ATroavirv-GIMSAL objected to this aSdavit being read.
Mr. Justice Baeutv—lf the affidavit be relative to the gtoubds
upon which the Jurors gave their verdict, the Clem cannot reales
it; but if it relate to other matters within the knowledge of the de.
petunia, we ere bound to bear it read.
The Arreeinty-Cialmeet.-1 cannot say to what it release.
Caw Jessica--What does the aSdavit relate to, Mr. Harvey ?
Mr. Harvey—h relates, my Lord, to what passed its the Jury.
room, and to the grounds upon which the verdict wee given.
Oust James—Then we cannot receive it.
On the part of the prosecution, the ATTORNICT-GIINZ•
MURAL put in the joint affidavit of Charles Burchell,
Assistant Solicitor to the Treasury, and of Henry Bald.
win Raven, the Chief Clerk ; they swore that they dill.
gently examined the files of tAe MISS, The Nest
limes, Morning Chronicle. Morning Herald, Morning .
Post, British Press, and Morning Advertiser London
Morning Papers; and THIS STAR, Courier, Glaie and
Traveller, Statesman, and British Traveller, London
Evening Papers, from the Ist to the 9th of February
last inclusive, and that they could not find in these Pa-
pers any paragraph stating the rumours mentioned by
the defendants respecting the state of Iris Majesty's
health, nor any paragraphs stating that it was feared
his Majesty laboured under mental derangement.
The affidavit of Wm. Taylor Raven, of Lincoln's Inn,
appended to The Kent and Essex Mercury, of which PA•
per the defendant, Mr. Hal vey,'is proprietor, contain-
ing the libel, was put in.
Mr. Harvey objected to this Paper, of the date of the 11th of
Ikbruaty, being put in, as it was published subsequently to the pub-
lication of The Stratlity Times, Feb. 9.
The Arxonintv-GoirnAL—This Paper is put in for the purpose
of spewing, that in addition to the publication it. The Besorksy,
Times, the defendant was anxious to give the libel greater publi-
city,_ by inserting it word for weld in another Paper over which
be had controul.
The Clime Jesrice—We are of opinion that this Paper Must be
received ; because we should permit the defendant, in mitigation,
to put in a Paper under his coutroul, containing a contradtedot
of the libel.
Mr. Harvey—As this is new matter, my Lord, perhaps you will
give the defendents time to answer it ?
Custer Jurries.—l don't telek there is anything eareasenatde to
the request. Have you any objection, Mr. Attoruey? '
• Assonnstr-Gipossm.—lf Mr. Harvey thinks the delay veal be of
benefit to him, I shall not oppose it. .
Carer Jusricc.—Then take time to Monday next. *
Mr. Hicaver—l ash the thste,uot for delay; mail re Wit
.eas that the Oman .hsnid pressed to judgment wltagips
kilailay as possible, I hope the Court will not ea ljlembiy porpoise -
41isceZnent, If the Atterney-Gen. shoulditeakeseets **application.
.4ence.—We give yes the time re ask for, bat we can-
ape make say barplUs with you
After a few mime observations by the Court, Mr. Atteritsy.b.-
, sank sad hir. Hamer =
. Idir.'Harvey said be would rather•take the disadvan-
PO of not having an opportunity de:plait-ling the last
piece of evidence put in, and go ow with his ease, that
'take the chance of buries the jusliment delayed on
Monday, as the ansietj bisbool4 safer during the de-
lay would overbalance any advantege which.be might
der ire from being afforded an opp_emonity Of ezplainang
the insertion of the libel in The rot it Esau Mowry.
Cain Joarics--11 you wish a postponeznent aatil
Monday, you can take it ; if nut, we are teady to bear
what you have to. say.
Mr. Ilarvey.-11 he had been di rod hie.
and

_ to
self of the well•known clemency the Court, to
obtain delay, he could rely opal a meek snore solid
ground than the introdnctioh of that Papur—a ground
in which he was satisfied their Lordships would concur
with liim, namely, the delicate state of irsa.health; but
as he preferred anything rather than delay, he should
now address to their Lordships a few observations, is the
full assurance that their Lordships would, for the few
moments which be should have the honour of adrift*
sing them, extend to him that full indulgence and gra- •
cious attention with which they were .accustomed to
treat persons who conducted their own ease ; bat he
could not make these observations without Is repelling
she insinuation that he was induced to address them.
Lordships through any feeling, of vanity, for it would
be vanity of the roost odious sort if he were to
that he could make any statement, not only in ttervay
in which the Learned Counsel whose ',Waste be bad
the gond fortune of having at the trial* but in the
way in which the most•inesperienced iudividard
Set the
crowd of Gentlemen who surrounded bias "114 &
it; but he was induced to present himself WO
Lordships under an impression jlytt tbes4r y
circumstances which their Losstsbipi
before they proceeded to jodipscp).-1.. _
which a • Coon* cceld not alt Cellkseol.l.
_414144.
to as a defendant, NA circiunitances PK_ claw.,
sidered iodibmegasably,ccecesseej .iff• 4.9r01,19.,
to know,. • A1iq440.14 tmlowa4VerdievloB64l4l?
their judge WhotoT.t.b Awe
w Itabi dietim", -01410/1 *IF ilia .

,

_ - '

.‘ as • ir' Ireg' 10114114 •-it
for thriiri Likbhips so. viecide
deductive vtaitnnests as fahly as upon

lin the knowledge of the pita?
ips. Although be was one of
,nion, that, generally ipeakingilt
indivicittal 'should suffer any:4=i'
permitted testate what
Ant of an extraordinary uatutW
relaxed. The learned individual
wag tried, world recollect, that-
iberation; the Jury came out and,
hii Loidihip; the proposal of
up WI 11- recommendation to
their Lotdships what was the na-
the Jut y-room ; and although he
decision of the Court from read-
__ of the Jurors, yet he appre-
fectly competent for him to state
which induced the verdict and
mercy. It was happy for him
these facts, because if he were
's, but had arrived at a know-
he should expose his **-
and sophistries of Mr. Attorney-
Lordships might think that he
in mitigation of punishment,
Pht he oughtio be granted a new
It there would be no fear that
precedent,' as it was not proba-
lcur again accompanied by so
ircumstances. The Attorney-

. that application,, because he
obtain a verdict, if he had confi-
ttement to the Jury; viz. that it was
come to a conclusion that the
support all the inuendos of his
when the Attorney-General
this information, to stay pro-
the author, that he would cause
an offence to publish the arfi-
Lt Court for judgment. He was
ion had not its origin with the
'hose name it bad been carried
was true that if that statement
trious Individual it would ex-
slings, yet it was ridiculous to
then seventeen weeks old could
Sovereign. He therefore said
Ation of the Attorney-General,
fficial, but a prosecution in his
was justified in saying so by
at the trial. When his Conn-
Attorney-General had not insti-
zonsequence of the part that
ibrr of Parliament in reducing
office of Attorney General—an
'ild even accept without the
General replied, that he did
the proprietor of the Paper
isthuting this prosecution were! ,
Id not say that statement was
open to suspicion, and for
:orney General found himself
lade by the Counsel for the
no count in the indictment
with being the composer as
red, in his reply to the Jury,
lenial of the Learned Counsel
-. Harvey was the composer
reason to beliove Mr. Har-
article. He then put it to
an Attorney-General to his
Feelings ought to be bottomed
of honour, could with any
have reason to believe Mr. '
article, and yet give his Soli-
te the letter which he had had
their Lordships' perusal? He
with the Attorney-General;
gratuitous assertion, which the
:now was not bottomed in truth,
'n saying that this was not the
ign, but the Attorney-Gene- •
prosecution. If this article
,possible for Ministers to go on
the state of his Majesty's health,
tendency attributed to it by
it it had no such tendency;
of the Attorney-General ought
►dency. But was filing an ex
Lost rapid means of doing so?
ig in
.February, when this arti-
Attorney-General had goae
-Just have come win April,: if
impede the course offjustieo—bOt
.i' used those-wenpbns which '
'always so -fond- of+ using, and
Orem, ought •to be used very
11rnolvwhether this information
Ikett,- on being reproached in
for :his conduct in Ireland, ad-.
mations ought to be filed on
Only. If that declaration were
'that information, he was sorry
.ttorney-General did nat derive
statement of his brother officer.
i breathe a word against the
'health?, but he must say, that if
lrarcletr May, the rumours dial
minds'of the Jury the induce.'
thii article; and he knew that
tde use of by a Jutor in the
in March or April last we were
house, and a country person were
Times, and, having read this ar-
'standers if it were true? would
are lorry to say that we believe
to 'see Mr. Attorney-General
tat in the Daily Papers no Such
Id. This proceeding was esta-
the Press to publish accgunts
but on the other hand, it was
lships, on a motion for a new
lad no right 'to Comment upon
:y'shealth.. ••••
here interrupted • the defendant.
he had not said :my such thing;
opinion. What he said Wasp,
decided was, whether the charge
'maintained ? but it was imma-
olinformation, whether the al-
_ was made out. With respect'
rblit journalist to state opinions
hard the journalist ought to be can-
stittenients caltetated to dis-

cOttntry; that such stateattnts
*kholit ,the greateit precaution

•
. 1 -;
- - - - - - - -- - • -
would not be so 'great
*CAM be impossible for
upon inference er deduct',
a statement of facts within
addressing their Lordship
tbose who held this opiniot
was better that an individ
than that Jurors should beg
• in a Jury-room, yet in cas
that rule ought to be relai
before whom this case war
h after three hours' deliberal
propoied • a question to hii
which question,•followecti
' merty; clearly showed to the
r ' tore of the discussion in the
.: was precluded by thedecis
ing the affidavit of some c
1 • hended that it was perfect',
the course of argument wh
. the recommendation to mt
' P ;11 1 that he was able to state th
di 11 not even to state the facts,
1 wl fs; ledge of them by reasoning
soning to the subtleties and
General. Although their L
Was now addressing them i
I f. heconfessed that bethought
trial ; and in granting that
..4,11 it could be drawn into a pre
" ble that any calm would occ
k•
, many extraordinary circa
I General ought to support I
need not fear again to obtai
dente in his own statement
e impossible for any Jury.to c
it article in question did not ss
information. He expected;
l'i
I was applied to, after filing I
ceedings, upon being told th
ill 1 the real offender, if it were i
I'a i cle, to be b rough t before th at
satisfied that this prosecutiu
I ' '
p...t0 Illustrious Individual in wh
on; because,- although.it a
met the eye of thaelllustr
~,, cite the most poignant feeli
sappose that a Paper not th
reach the hands of the So
that this was the prosecuti
~,1 not a prosecution in his ofti
personal character; and he
wliat
iimt haci
prosecutionfallenfrom in him
ttned
• set said he hoped the Attot
his client took as a Membri
the fees attached to the offs
i , tl office which no person woo'
;t.ti emolument s—the Attorney
1 ' ribt know Mr. Harvey was
t until the documents for inst
1 '.. f laid before him. He wool&
untrue ; but it was at leirst
")i this reason—when the Atto
1 . I 1 pressed by the remarks ma
defendants, that there was
i I charging the defendant m
4' ' I well as proptietor, he state
that notwithstanding the (lc
for the defendant that Mr.
1 ' of the libel, he had every
vey was the writer of the
lj ' their Lordships whether a
'h.. Majesty, an officer w how fe
on the nicest principles "o
regard to decency or truth
Ii '.46; H. to be the writer of the a
t• P• citor inasuctions to write
the honour to submit to th
1
did. not wish to be harsh
t 1)4 he must say that this gr
Attorney-General must kno
warranted him (Mr. I-I.) in
prosecution of the Sovereil
yes own anxiously sought
i • t had stated that it was impo
• fif I without an inquiry into the
• it might have had the evil
.. 7.
~ the Attorney-General ; but
I i
and if it had, the object of
to be to arrest that evil tend
f 1 0060 information the ma
,
1 A Grand Jury was sitting
de appeared, and- if the
e before them, the trial mus
. ; he (Mr. H.) did not imped
I 4 vr
..•
Vii; ? i no ; the Attorney-General
iit , Aitornies-Genetel are Itli
f .
,
which, to say the lekiof I
. 4 '•
1 spaiiitgly. He did 'riot he
sinsfled 'before Mr.''Pluni
I 1
4 tbe•House OflConulibni fb
, .. .I mined tliat-ii teacup heron
. .
l' '1
eititordiiffiry; occasions on
stiede before the-filieg of tl
- t to find that an Anglish Ati
• winch beitefitiVileirTtfie staff
a 1; 14e did not stud there td
lli state of hi! RI 'site% t
• 46.1 7
his trial bad crime on ;lOTA
i. afloat would. b;ing It; the
4 . r merit of the writer-to pen 1
(
one or the atguments ma(
I, . ../oly6room was this--If in
• 16 it' K m veer Coffereehot
' I Wilke up The soilay Tit
l'
dela, WeielOadi theiliye-s
t dot the answerle; if We a
•
'
I .1 if:" . It• was odd • enough
file affidavits stating that
xi: moots Coutcr•beb' fofind.
'es
• • 4 blishing the 'light of chi
•
of his Majesty's health ; b
. said bydne of their Lordt
I
.• + ; ' trial, that Newspapers ha,
; t / the 'Ante ot his Majesty's]
' Mti: Juitice Ban here
~ •
il I 1
Y i ;
Hat rclOp observed he
.- , he clid&fitred no such I
that coiarOsiion tole dec
4
alleVto blifalse waling
terial, in eases oftrimisrai
i
. , : • leged truth or faliehoot m
to the right of the publi
1.
• on this subject,,he lard th
, - t lions how Itte 'published e
turb the peace of the 'cOt
I shibuld not be *elide fid
,
. ,
;