Star.
London, England, 1824-07-17 00:00:00

THE ARMY.

The 6th Regiment of Dragoon Guards (Carbineers),
embarked on the 25th ult. at Liverpool from Dublin, arrived ..t
Glasgow on the 12th inst.

The 3d (or King's Own) Regiment of Light Dragoons, which
marched from Hounslow on the 10th and 12th instant, have
arrived at Birmingham and Coventry.
The Bth (King's Royal Irish) Regiment of Light Dragoons (II.:‘
sari), which marched on the 10th instant from Hammersmith, w.II
arrive, on Monday next, at Dorchester.
_ . . .

One troop of the 2sl (or Queen's) Regiment of Dragoon Guards,
which marched on the 10th instant from Fulham, arrived on Thurs-
day at Ipswich; and another troop belonging to the same Corps ar-
rived yesterday at Norwich.
The 10th (or Prince of Wales's Own) Royal Regiment (Hussars)
has been ordered to march from Dublin to Bailinrobe.

A detachment of the 7th Fuzileers dis;mba;ketiatChathant oa
the 12th Instant, having just removed from Harwich.
Wednesday, the 17th Regiment of Lancers (Death or Glory) ar-
rived in Canterbury. Four troops are to be stationed at the CA.
valry Barracks in that city ; one troop at Deal, and another at
Hythe and their vicinities. The 17th were stationed at Canterbury
in the year 1799, and left that city to go to the East Indies, where
they have remained till within the last two years.

THE LATE KING-OF THE SANDWICH
ISLANDS.

The leaden coffin containing the remains of his Ma-
iesty, was placed in the splendid case that has been fur-
',laud by Mr. Jarvis, of Long Acre, yesterday evening
It is of immense width, and is lined with rich white
satin, fluted very tastefully, and the outside is of crim-
son velvet, and studded with brass nails and ornaments
similar to that of the late Queen. On the plate is the
following inscription:
munlinatinni ituo
an ID X411111A.0. /MAXI SAYS
2s.
•
7Y=AtLI ILMILVI
it MANOR 1119/1
1 112511KA11111 1824
AURA 11110-NO LOMALOA
lu.n sown.
Ar.d underneath is engraven—

sixsr,uts• tn.
113110 0? WI SANDWICH MANTA,
DS m suer 14, 1824,
DI vas 28•18 TSAR OF IMAM
MAT WZ 1113IIKIISR OUR lISLOYSD ZING

The following dispatch to the Prime Minister of the'
Sandwich Islands, announcing%he death of his Majesty,
was last night forwarded to Falmouth :
" Osbome's Hotel, July 15th, 1824.
Dams Fasiftn—g-It is very sorrowful news for you, but being
the will of Heavens, we must submit. I mentioned in my letter,
daftd July 9th, the death of our good Queen. The King, having
lost his Consort, was much agitated by the fatal shock, and,
enable to support the weight his manly bosom experienced, he
died, soy dear Friend, and left us to lament the virtues we so often
admired in him. You well know my feelings, and the reason I
have to deplore the loss of such true friendship. All the Physicians
coald do, all we could say by way of consolation, availed nothing;
he told me, more than once, that all the support the English nation
rfald give him was in vain. The fatal bargain, my dear Friend,
%Ira made, and he sank to rise no more. Their bodies will be re-
moved to the Sandwich Islands, to give you and the whole of our
nation satisfaction that everything was done by the English Govern-
sent and private Gentlemen to promote our comfort, and assist our
unfortunate Monarch. Even the King of England sent his own
Physicians, and the Noble Duke of York his Surgeon; and every
thing that England produced was at our command. You will much
iertet, with myself, that circumstances prevented his having an in-
terview with the King of England, who kindly expressed his hope
(through his Physician) that our King would console himself, and
ant sink under his affliction, and that his Most Gracious Majesty
would give our King an interview as soon as his health was restored.
tope you are weir; and that we shall be able to continue to labour
fur your welfare, is the wish of Yours, truly,
" JOIIN R RIVES.

" Tv ..% Ir. Pitt, Prime Minister at the Sandwich
Islands, or Krimaku."

LAW REPORT.

COURT OF KING'S BENCH, JULY le.
MENDICITY SOCIETY.
BODKIN D. THE PROPRIETORS or " TIIE
Mr. TYNDALL opened the declaration in this case. I
was an action brought by the plaintiff to recover com-
pensation in damages for a false and malicious libel,
published in The Times Newspaper, affecting his cha-
racter. The defendant pleaded the general issue.
The following are the names of the Jury :
Richard Carpenter, John Crouch, David Pain, William Robert-
son, William Hbiton, Hugh Thomas, Philip Lake Godsall, Theo-
-1314ek, Henry Sawyer, Edward Cooke, Benjamin Wkkstead,
William Horn.
The ATTORNEY-GENERAL stated the case to the Jury.
This was an action brought by a most respectable Gan-
tieman, Mr. Bodkin, who had filled the office, first, of
Honorary Secretary, and subsequently of Assistant-
Manager, to a most laudable and useful Charitable
Institution, called the " Mendicity Society." Mr. Bod-
kin now appeared before a Jury of his country to seek
reparation for the injury which his character ha/
sustained, and which he had hitherto sought in vain.
The vast circulation of that Paper rendered an as-
persion on a man's character, contained in its columns,
peculiarly injurious. It was read in every corner of
the world in which the English language was under-
stood. The present libel arose out of the connection
which the plaintiff had with the Mendicity Society.
The first office which he had held was that of Honorary
Secretary, and he was afterwards appointed Assistant
Manager for his services, in which situation the Society
thought him amply entitled to the salary of 3001. a year.
In that capacity he had acted for a yeir and eight
months, in reward of which he received the sum of
5001., and he was subsequently succeeded in his office
by a Gentleman of the name of Walker. The libel foe
which the plaintiff now sought redress consisted of
observations made upon the plaintiff for having received
the salary which the Society had voted him, and which
they thought him quite entitled to receive; and yet for
accepting this sum a letter had been published in The
Times, accusing him of being a mercenary in disguise,
whilst he professed to act upon independent feelings.
Some of the most distinguished individuals in the coun-
try composed this Society: his Royal Highness the Duke
of York was the President, Lord Suffield was the foun-
der, and Mr. Bodkin had filled the situation of Secre-
tary; for the mode in which he had discharged the
duties of that office he had uniformly received the
thanks of the Society ; and, in fact, they considered the
mutual sum they had voted, of 8001. a year, as a very
moderate compensation for his services : these services
were of a nature greatly to raise the character of the
Institution, and to diminish its expenses. Mr. Bodkin,
finding this libel appearing in a Paper of such extensive
circulation, applied for an explanation; but none what-
ever was given, and another article appeared. The
other libel consisted of an imputation on the part of the
plaintiff, that he had intended to transfer to Red-Lion-
!quart the funds of a Society for the relief of the
" Houseless Poor," of which he had been a member,
under the impression that he was to receive a high
:glary. In all these statements there was not one word
of truth, and for the injury which the plaintiff had sus-
tained he now appeared before the Jury to seek repara-
tion. He was the last man to complain of the liberty
of the press; on the contrary, he considered it as the
security for all our liberties. The Times was peculiarly
to be dreaded for its circulation. It was unquestionably
conducted with great talent, and from that had derived
a most extensive circulation. The object of the plaintiff
was not money; his motive in originating the proceed-
ing was to vindicate his character, which had been most
foully and unjustly assailed; and he was sure the Jury
would give such damages as would manifest the sense
they entertiined of the injury he had suffered.
The Honourable Charles Shore was then called, and examined
by Mr. Gummier—He said he bad been a Member of the " Men-
.lidly Socitty" for three years. Mr. Bodkin had been Honorary
Secretary and Assistant Manager. An annual account had been
published by the Society. The Report was then put in in evidence.
Cross-examined by Mr. Se..taitrr—l was not an original mem-
bet , I know very little of Mr. Bodkin • I have been told that he
vets in avariety of employments. My Idea of the Institution was,
that it was a Society of independent 'Gentlemen, who were to de-
vote 'heir services gratuitously to a great public Object.
Mr. Tooke is Honorary Solicitor, and receives uo emolument
waatseever. There were 93 Managers present when the Assistant
p
• clager was appointed; it was not done at a public meeting, nor
"as the proceeding made public; there was no public intimation

•
that Mr. Bodkin had been appointed Assistant Manager. A public
dinner was subsequendy h4d, and great palm were taken to vindi-
cate Mr. Bodkin's character. 'think their Worts ware iseesellai,

and that Mr. Bodkin's character is now cleat ham
Re-examined—The appointment of Mr. Bodkitialitlitrat
tended with great benefit; without some inch oacer the Society
could not guard against imposldona.
The libellous passages were then put in and read ; they consisted
of a letter signed " A Friend to the Poor," and of a leading article
founded on the letter, recommending it to the attention of the Pub-
lic. The Paper containing the libels bore the date Jan.l7, 1824.
An objection was then taken by Mr. Scattier?, that there had
been no proof of any sum of 5001. having been voted.
The argument on this point occupied some time, but the Learned
Judge was of opinion that there was sufficient evidence to go to
the Jury ; upon which
Mr. SCA RLETT rose to address the Jury on behalf of
the defendants. He said it became his duty to make
such observations on the evidence, as suggested them-
selves on the evidence which his Learned Friend, the
Attorney-General, and his coadjutors had bid before
them, and also on that evidence which his Learned
Friend had stated he should Adduce, but which be had

omitted; and he should begin with the latter in the first
instance. His Learned Friend had said that Mr. Bod-

kin, finding it impossible to obtain redress or contradic-
tion, had found it necessary to come into Court and
challenge inquiry. He had given his friend some par-
tial interruption at the time, and called upon him
to retract what he had• said, for that he defied him to

prove his assertion. His Learned Friend had used some
very vehement and effective declamation on the subject
of Mr. Bodkin having applied for a contradiction of the
statements, but no such fact had been proved; and
therefore he had a right to call on the Jury to believe
that the whole was a fiction. No application of the
kind was made to the defendants. The first intima-

tion the defendants had heard of any intention to pro-
ceed, was an inquiry as to who were their
He had been now a long time accustomed to Courts of
Justice, and perhaps he felt as little embarrassment ail
any man as to the selection of topics to address to a Jury,
but he confessed freely he did feel some difficulty as to
the part of the question to which he should first address
himself, so many and so pressing were the considerations
which presented themselves to his mind. Many of the
assertions of his Learned Friend, the Attorney-General,

were mere truisms, of a character which no man could
venture to contradict; such, for instance, as this—that
when a man is attacked in his character and prospects
by the public press, it becomes a duty which he owes
to the public to challenge an investigation. Why,
who could doubt this proposition in the abstract? but,
like most othergeneral propositions, it must be received
with certain qualifications. But here they found, in
the very same paper which contained the alleged libel,
a full and clear authority to the plaintiff to give any
contradiction to the statements which was in his power.
He had an opportunity of an appeal to the .public
through the same widely-circulated channel which con-
veyed the accusation, and just as generally and as ex-
tensively could his vindication have been distributed.
Was this then an action of which it could be said that
the only object of the plaintiff was to clear his reputa-
tion ? His Learned Friend (the Attorney-General)
would have been more correct, had he said that the
object and the motive which had originated -the prose
cution was to put money in the plaintiff's pobket, instead
of which he has set him foith as a public man. whose
character has been grievously injured; he did not care
whether he recovered sixpence by. the action—his sole
object was to meet the charges, and challenge inquiry.
But what says the first respectable witness, Mr. Shine?
He stated that no imputation rested on the character of
Mr. Bodkin, and that whatever delusion .might have,
previously existed was promptly and completely re-
moved by the Public Meeting which had been held
—a Meeting at which Mr. Bodkin had attended, in
which a defence had been made for him, which was pub-
lished throughout the world. Was his Learned Friend
then right in saying that the only object of the present
action was to set the plaintiff's character right with the.,
world ? Why the very evidence which had been called,
contradicted the statement of his own Counsel. He
would be very far indeed from wishing to cast censure
upon the Noble and respectable persons who were the
promoters and supporters of the Mendicity Society. He.
was himself a distant and humble follower in their foot-.
steps, and, therefore, if be accused, he would (to use a
vulgar phrase) be " befouling his own nest." But when
he stated this, he was very far indeed from thinking
that this Society could adequately discharge its duties
to the Public, unless it was vigilantly watched by the
public press. Those Institutions, which come to us in
the garb of charity, which invite our best affections, and
awake our most generous feelings, were; of all others,
the most likely to degenerate into the corrupt object of
serving private purposes, and promoting private ad-
vantages, the consequence of which must be, that what
had been drawn from our generosity for the service of
the poor, was devoted to private gains and filthy emo-
lument. Don't let it be supposed for a moment that he
meant to level any insinuation of this kind at Mr. Bod-
kin, farther than to state, that this action appeared to him
the most litigious and unreasonable he had ever heard of.
Farther than this be did not mean to apply any obser-
vations which might chance to fall from him. In the
lucubrations of those who directed their genius to the,
improvement as well as the amusement of mankind, it,
would be frequently found that much that was true
was blended with the productions of the imagination;
and so it was, that in a most popular novel, one of the'
first of that kind that ever was written, and which he
was sure every man in that Court must have read—he
meant Gil Bias—he met with a passage which admi-
rably illustrated his present meaning. The Jury would
no doubt remember when Gil Bias met his ancient
friend Fabricius, dressed in a coarse habit, marching ini
an austere gait, with a huge bunch of keys suspended
before him, aad his eyes rivetted to the ground—his
friend Gil Blas was unable to discern, in this extraordi.l
nary dress, the friend of his youth, the gay,the sprightly
poet Fabricius. At length he is reminded of the
former acquaintance by his friend, who bids him to be
secret, and tells him he is now in the service of Don
Manuel Donnez, the director and overseer of the poor,
and that all the charities passed through his hands—(A
laugh). He invites him to come and see him at his
master's house, and he would explain to him the rea-
son why he wore that pious suit, and why he looked
thus demure ; he had some intention of succeeding
his master, who was now grown old, and they
managed matters so well that more money came into
their pockets than into those of the poor—(A laugh).
Now this was the very tendency of all such Societies,
unless very narrowly and vigilantly watched by the
public press. It was for the want of this superintend-
ance, that the Philanthropic Society had fallen to the
ground, and the sentiments contained in the alleged
libel were such, as that no Editor of a public Journal,
who wished to discharge his duty to the public, could
have hesitated to promulgate. It was true that Mr.

Bodkin had had the Merit airing Mail instrumental
in founding this Society; a in reward or his services,
his name had been widely circulated in Newspapers,
Speeches, Pamphlets, and bilious other ways; he bad
obtained great fame; and the only effect of this publi-
cation was, that he had been bespattered with praise,
of which he was sure be would be the last man to com-
plain; for, from all he ceittld learn, no man was more
anxious than Mr. Bodkid that his name should appear
in the Newspapers; and if he was coming to the Bar,
as had been said, notoriety would be the very thing
for him; he therefore had no reason to complain,
for no name had appeared more frequently in print.
The Learned Gentleman then commented at great length
on the evidence which had been adduced, and the facts
of the case generally, and concluded by stating that the
public had a deep interest in questions of this kind ; for
it was their obvious interest that there should exist in
this country, protected by public tribunals, of which
Juries were the best of all, a Free Press, conducted by
Editors who were possessed of the courage and mag-
nanimity to denounce the proceedings of Public So-
cieties, when they deserved censure, and who at all
risks were resolved to discharge their duty to the public
honestly and fearlessly.
After the examination of a few witnesses,
Mr. Justice Ltrrsanaut then summed up the evidence with
great minuteness, and left it to the Jury to say, whether in their
judgment the publication in question had sprung from a malicious
motive, or whether it was within the limits of free and legitimate
discussion 7—The Jury then retired.
A singular affair took place in the vicinity of the Court, about
three hours after the Jury bad retired, between Mr. Bence, who
had given the chief evidence in favour of the plaintiff, and Mr.
I PLATT, the Solicitor for the defendants, the latter charging the for-
mer with an assault. The parties were called into Court and exa-
mined, as well as some witnesses who saw the transaction, which
they related very differently. In consequence of this, Mr. Justice
LITILZIM LI refused to interfere.

At the close of this discussion, Mr. Justice Larrtznats proposing
to leave the Court, sent to the Jury, to know whether they hid any
question to ask him before be retired? 'l'he Jury returned answer,
that they wished for refreshment ; to which his Lordship replied,
that he had no power to order any, unless to such as could swear
that their lives would be endangered by the want of food. His
Lordship then quitted the Bench, leaving Mr. Bellamy to take the
verdict. _ _ _

At seven o'clock the Jury sent a paper to the Learned Judge,
who was in his private room, and who shortly after appeared on
the Bench. The Jury having re-assembled,
Mr. Justice Ltrrtauts said the paper he held in his hand related
to two Special Jurymen, who required refreshment.
Mr. Horton, an old Special Juryman, said he was 80 years or
age; he could not say his life was in danger, but he could not go on
without food.
Mr. Robertson, another Special Juryman, said be was 78. He
had been in Court ever since nine in the morning, and was under
medical advice; and his life was endangered by the want of food.
Mr. Sawyer, one of the salesmen, then addressed his Lordship—
° My Lord, I wish to know whether, if we find a verdict for the
plaintiff, we shall impute any malicious motive to the defendant?'
Mr. Justice Lrertanata—The question is, whether malice Is to
be fairly inferred from the articles themselves? It is not necessary
to shew special malice, not personal malice In the minds of the de-
fendants; but if the tendency be injurious, the Jury may infer what
the law call malice.
Mr. Sawyer—But how can T find for the plaintiff, if I do not
impute any bad motive to the defendants?
Mr. Justice Lermaoate—You are not called on to find a per-
sonal motive. The defendants may never have seen this Paper at
all; it may be the work of mere servants, and they may know no-
i thing of the plaintiff, and have no wish to injure him ; still, if their
servants have published defamatory matter in the course of their
employ, they are-liable, in point of law, as if they had done it thew
selves.
Mv.filawyee-rMy Lord,aa no justification IS pleaded,l suppose WO
are not at libettY to consider the jostke of the allegation in the paper.
Mr. Justice Lit:term te—Yes so far as this—whether it be a
fair and bows fide comment on the report of the managers. If it be
not, then the defendants meld only justify themselves by pleading
its truth, and then that truth would come in issue.
Mr. Sawyer—My Lord, I am quite satisfied with the answers
you have given to all my questions.
The Jury then consulted for a few minutes in the box, and then
said, they were agreed as to the verdict, but not as to the damages.
They then retired again, and the Judge left the Court. Refreshment
was ordered for the two Special Jurors who had asked for it.
At half.past eight, Mr. Sawyer and three others of the Jury wrote
td their families, stating they must not expect them for the night ;
and the notes were dispatched by the officer.
At a quarter before twelve o'clock the Jury knocked, and on
opening the door, one of their body stated that they were not likely
to come to an agreement, and pointed to a brother Juror, who was'
lying on some chairs.
Soon after one o'clock, the officer who was in attendance apse
the Jury, came into Court and stated, that the Juror who had sit.
ready obtained the indulgence of a glass of water, requested another,
as he was still ill.
Mr. Bellamy said, that if the Gentleman's health required its&
was an indulgence which he would not refuse.
In a short time a note was sent in from one of the Jury, addressed
to Mr. Bellamy. In this note it was stated that the Jurors wished
to be allowed a pack of cards and a cribbage-board, to amuse them-
selves until they could agree.
Mr. Bellamy informed the officer that no answer could be given
to this application.
The Jury remained closeted all night, and as little
-likely to come to a verdict as ever. At seven o'clock
this morning a violent knocking was heard within the
door of the room to which the Jury had retired. When
the door was opened by the officer of the Court, at the
order of Mr. BELLAMY, one of the Jury attempted to
rush out, but was put back by the Officer. The Jury-
man exclaimed—" I must be out, I must be out ; they
are driving me to madness !" The door was instantly
closed on them, and locked.
VERDICT.
- -

Mr. Justice larri.zoaLic took his seat on the Bench this day, at
half-past ten o'clock.

Till