Star.
London, England, 1805-06-28 00:00:00

NI`FADZEN V. OLLIVANIR

This cafe came on to be argued lag term before
e Judges rt the Court of King's Bench ; but as an
ncnrreet Ilatement of it has appeared in force of the
newfpapers, the rinellion being of confiderable impor-
tance, we infert a more accurate account of it.
The Plaintiff is a merchant and manufaCturer, the
Defendant an eminent filverfrnith (both of Manchef:
ter). The Plaintiff, having lately difcovered thong
real Ons to fufpefl that about the year 1793, a crimi-
nal intercourfe fuhfilled between the Defendant and
Mrs. M'Fadzen, commenced an aCtion againtl him ;
to which the Defendant pleaded the flatute of limita-
tions, not guilty within fix years; and this was an
argument upon the Plaintiff's demurrer to that plea.
Mr. Wool), on the part of the Plaintiff, contended
that this was an affirm in trefpafs, and not on the cafe,
that as fuch it did not come within the words of the
ilatute, 21 James I. c. 3 ; which he infifled mug be
interpreted to extend to trefpafs, for taking-of.goods
only, and not to any other defcription of trefpafs.—
" Not guilty within fix years" was alfo an imprOper
plea, fur that in all cafes of confequential damage,
it was neceffary to plead that the aClion did accrue
within that time ; and that if fuch had been the plea
in this cak, the action could not have been laid to
ace, tie until the damage was felt by the Plaintiff, and
that this damage was of fuch a nature as not to be
felt until difcovered.

Mr. ScaatsTr, who was proceeding to argue for
the Defendant, was flopped by the Court, who gate
jodgment for the Defendant, being of opinion that
►his was a cafe within the flatute.

COURT OF KING'S BENCH, JUNE 27.
THE ICINGb. J. BUDD.
We noticed yetterday, that the proceedings in mi-
tigation were flopped by the Court.
This day, John Budd appearing on the floor of the
Cowl, they were refumed, for the publication of the
pamphlet entitled "11ude Alter= Parma." Mr. Budd's
affidavits Rated, that he was wholly ignorant of the
Ishellous tendency of that work, and that, a very Short
r:me before its appearance, he experienced a fevere
illnefs from the rupture of a blood veffel, which
confined him ten weeks. _

Mr. DALLAS. for the Defendant, drew the atten-
tion of the Court to his lunation ; and laid, that it
entitled his dicnt both to the indulgence and corn-
plffion of the Court. So intimate was the connect-
Linn between the principle of thought and the feat
of animal life, that mental exertions were often im-
poltble to the ;wenn labonring under corporal in-
firmity. The Defendant, in this affiitlion, was ren-
dared incompetent to attend to the duties of his buff.
ads, and it was highly probable, that for this *Talon
alone the foundation of the profecution was applied.
The Learned Counfel haft. fomewhcre read—
The brave

" Love mercy, and delight to fave."
In this inflance, Mr Sydney, who appeared more
criminal. had not been brought up for judgment ;
but if the Noble Lord had (hewn that merry and
courage were fumetimes united, he had not convin-
ced us that it was a uniform connection which forti-
tude could never furrender.

The SOLICITOR GENERAL perfeely agreed pith
his Learned Friend in the fentiment of the poet, but
widely differed in its application to the Defendant.
Lord St. Vincent did nut defire that the objeCt of
the prefent profecution fhould receive a punifhment
beyond what general juftice and public order re-
quired ; he in no degree blended with the cafe his
own perfonal feelings, or refcntments. The Defendant
had declined to communicate the name of the au-
thor of this work, and, in fo doing, he had fitly
fubjeCted himfelf to all the penal confequences to
which the author would have been expofed. It
might be faid, that as the Defendant had promifed
to the author not to difclofe his name, Mr. Budd was
bound in honour to adhere to his engagement.
Mr. DALLAS.-•-" No fuch promife was Rated to
have been reqiiired."
The SOLICITOR GENERAL replied, h had been, at
leaft, hypothetically Rated, and to the hypothefis the
argument was referable. Then it was urged, that
Mr. Bodel was ignorant of the contents of the libel ;
yet it appeared un the affidavits, that the manufcript
was delivered to Sydney, the printer, in an incorrect
Rate ; that it was afterwards returned to the Defen-
dant, and was again fent to the printer with the
emendations. But, in point of law, if the Defendant
were wholly ignorant of the contents, fuch ignorance
would conftitute no anfwer to the charge. Now,
continued the Learned Connie], for a few words as
to the nature of the publication. If this had been on
a fubjeCt of fair political difcuffion, on the principles
and effects refulting from the actual conduct of Earl
St. Vincent; however grofs and indecent the lan.
guage ; however fever. and malignant the invective,
that Nobleman would have confidered it much be-
neath his notice. The conclufions were fair and na-
tural, it the facts were true ; but tilde were wholly
invented for the exptefs purpofe of defamation. The
falfehood, fo contrived, extended principally to eight
particulars. r. Lord St. Vincent tampered with Sir
Andrew Snape Ilamond, to remove him from the
thitaiion of Comptroller of the Navy, in order to
introduce minions of jobbing and Rock jobbing."-
2. With the fame view he intrigued for the refigna-
lion of Sir Charles Saxton. 3. Commiffioner Fan-
iliaw was alio to give place to another. 4. Sir Wm.
Berl is,gliaar (a very young man) was.offered a pen-
fion of race,. as a compenfation for admitting a fob-
ftitute. 5. Lord St. Vincent, when the war broke
out, negleCted to fend intelligence of that event to
the Commanding Officer LI the EaR Indies, and the
fleet of the enemy cfcapcd. 6. A large fleet was
fent under the convoy of the Apollo, which, from
improper MR, ructions from the Admiralty, was loft.
7. The naval armament under Lord Nelfon was not
fupplied with the necefrary floret, and the recall of
that Gallant Officer was contemplated. 8. The con-
fidential retters of Sir Sydney Smith were opened,
under orders from the Board, from degrading and
unmerited fufpicions. The Noble Carl who had been
thus profligately vilified, had preferred the proceed-
ing by criminal information to indidtment, in order
that he might acquire the opportunity of folemnly
negativing there charges. It was added to all this
load of Bander, that the Noble Earl bad given 30001.
from the public monies, to prevent the appearance
of a political publication, clerngatory to his charac-

ter. That was as f.slre and infamous-at all the reit
Their Lord(Lips virisald confider the difficulties to
which men in high public fltuAtions were expored, if.
libels of this nefarious dercliption were admitted to,
pars unnoticed ; and the protection which great pub-
lic Officers were to receive from this Court, would
be now afcertained by the decifion on the fate of this
Defendant.

Mr. Easx:a 1, on the fame fide, raid, that when
this offender was brought to receive the fentence of
the Copt, he did not, think it would have been ne-
ceffery for thole who ailed for the profecution, to have
entered at all into the defence 'of the Noble Earl :
the remark, however, of the Learned Counfel for the
Defendant, had made that expedient, which would
have been otherwife fuperfluovs. If the fevere
indif-
poGtion of the Defendant required fome repofe, he
might have recolleaed at lean, that the afllieting dif-
order under which_the Noble Lord fuffered in conic-
quence of the arduous fervices he had rendered to his
country, would alto have needed fome interval of
tranquillity. The acrimony by which the pamphlet
was difiinguifhed, was more poignant by the fatirical
language in which it was diaated. The author,
after pouring forth the torrent of calumny, concludes
with this infidious and affected apology The
Board, of which he was at the head, was too much
cngroffed in plans to .annoy and torment the defen-
der:. of the country, to have time to think about its
enemies."
Lord ELLENBOROUGH," Let the Defendant be
committed, and brought up on Tuefday next."

TRICKING V. FRANCIS WILLIAM BLADDER.

This Defendant was convieted of being the author
of a libellous pamphlet, entitled, " naval Adminylra
lion," and figned Arylides.
The Chief-Janice read the minutes of the trial, the
particulars of which we have before Rated.
Two affidavits were delivered in for the Defendant
by Mr. READER ; which being read, th,p Clerk of the
Court was about to proceed to a this% to which
Mr. READER objeaed, until Mr. Cuawooo, who was
on the fame fide, interpofed.
Mr. CuR W00D..-•—" Whatever may be my refpat
and deference for my Learned Leader, I cannot
confider this: affidavit as immaterial to the eaufe of
my client."
The affidavit from Lieutenant Colonel Charles
Douglas Smith was then read. It referred to a letter
iliraled to his brother, Sir W. Sydney Smith, which
was brought to the deponent by Admiral Montague.
The Admiral applied to the Colonel to open the let-
t-r, in the month of November, 1803, which the
latter declined ; and it was opened in the prefeace of
the Admiral, by orders from the Board.
Mr. RSADER, for the Defendant, attempted no
vindication of the conduit of his client ; but he faid,
that as loon as its tendency was made known, the
Defendant fuppreffed the publication by every means
in his power. Mr. Blagden might have continued
behind the reran; but his honour and liberality:would
not admit him to fuller another (Mr. Bourne) to be
profecuted, when I:e was himfelf guilty of the offence.
Mr. Cuswooo, on the fame fide, [aid, by a diflin-
guifbed charaiter, law had been reprefented to be
mind without p.iffion, when law fhould arrive. at its
highe& Rafe of perfection. The bleffings we now
enjoyed principally arofe, not from any material al-
teration in the letter of the law, but becaufe there
was a more mitigated execution of it in the hands of
able and temperate judges. Whatever might be the
confidence with which the Solicitor General had con-
tended, that all the fats Rated were erroneous, he
confidered himfelf juilified in obferving on the truth
of the fads, on the moderation of the language, and
on the accuracy of the conclufions. He did not mean
to fay, that the firs were all jolt, that the fecund
were always decorous, or that the laft were always
correct; but he would !hew effential milconfirations
on all thefe, to the pedal fatisfation of the Court.
Sir Sydney Smith bad faid, on the occafion of the
trial, be wifhed to apply to the Court " in the cha-
rafter of an injured Braila fubjed," but be was not
permitted.
Lord EssENBOROUGH He was interrupted be-
caufe he was not called as a witnefs, and could not,
with any confißency with the rules, be permitted to
oblirat the proceedings of the Court. It is not
regular to comment in that way during this Rage
of the bufinefs ; and I think you will not, on re-
flation, confider that it will be at all beneficial to
your client."
Mr. CUILWOOD, with a fhort obfervation, conclud.
ed his addrefs ; after which the SOLICITOR GENERAL
and Mr. ERSKINE fprle on behalf of the profecntion.
They faid, that the Defendant, in order to protect
himfelf from penal confequences, inftead of circu-
lating his work, in the utual method, had fent the
pamphlet to Lord Gardner, Admiral Montague, to
Sir Ifaac Coffin, and to numerous other Officers in
the Britith Iher. From this circumflance, the publi-
cation, for a long time, did not come to the know.
ledge of tf.e Noble Earl ; and therefore the delin-
quent had remained to the prefent day unpunilhed.
Lord St. Vincent, during a long life, had ferved his
cauntry with glory on the ocean, and, at a fubfe-
quent period, had applied his talents to the civil ad-
miniltration of its affairs. The Court would fee, that
it was confiftent with his own dignity, with public
utility and private honour, that fuch a diftinguilhed
individual fhould obtain the proration of the laws.
The Court directed, that the Defendant be brought
up on Tuelday next to receive fentence.