Star.
London, England, 1831-06-10 00:00:00

COURT OF KING'S BENCH, JUNE 9.

CRIMINAL INFORMATION ON THE nionceTiox Or
THE DUKE Or BEAUTORT.TINE LINO T. RINTOUL

AND ANOTHER.
The ATTORNEY-GENERAL showed cause against a rule
obtained by Sir James Scarlett in the course of last Term,
calling on the defendants, who are the editor and publisher
of the Spectator weekly newspaper, to show cause why a
criminal information should not be filed against them for a
libel on his Grace the Duke of Beaufort. The alleged libel
appeared in the Spectator of Saturday, the 30th of April.
The Attorney-General read the libel, in order that the Court
might understand how the arguments against the rule
applied :
" In the way of taking council let every Reformer coo.
mune only with himself, saying, What can lby myself
do to promote the good cause ?' The question answered,
Let him do what strikes him as the best thing to be
done at the moment, and that thing finished, let him
begin another instantly.' The subscription of the great
borough owners is the moat barefaced piece of profligacy
to be found in the whole history of boroughmongering. Why
the money subscribed is rightfully the nation's ; at least if
that still belongs to a man which has been wrongfully-taken
from him, and if, as Is clear, these borough Lords would
not have rad the money to subscribe, unless they had quar-
tered their brothers, and sisters, and mothers, and aunts on
the public, as well as not a few of their mistresses and ille-
gitimate children. Who forgets the history of the late Duke
of Beaufort's will, which may be seen for a shilling at Doe-
tots' Commons, and which charges the estates of the present
Duke with annuities to his brothers until they shall be better
provided for by Government. The amount of public money
received by the Somerset, since the late Duke of Beaufort
came of age, far exceed, the value of the estates which he
bequeathed to the present Duke."
Such were the observations considered a libel—but whether
a libel on the late or the present Duke he was at a lass to
determine. He was equally unable to see what there was of
a criminal nature in ttis alleged libel. The present was not
a case in which it might be supposed the prosecutor could
not stop without ruin to his character. The article referred to
a nobleman, against whom, whether the libel was well or ill I
founded, it imputed nothing profligate or immoral ; there was
nothing in it to warrant an application for the extraordinary
interposition of that Coon. lifts clients expressed their regret
at the mistake into which they Lad fallen, but at the same
time they were prepared, if necessary, to enter into all the par-
ticulars, to shew that the rule should not be made absolute.
—Their Lordships would not look with indifference upon
libels which injured character; but in a case of this sort, he
felt confident they would take into consideration that no
inconvenience could result to the Noble Duke if they gave
a judgment which would prevent the matter going before
a Jury.
AIL HILL, on the same side, said, in a country where
discussion was free, it was absurd to suppose that such
mistakes would not occur. For every such error the
Court would not allow the files ..of the Court to be
loaded with affidavits, to the exclusion of all other
business. The Learned Counsel then contended that the
long silence of the noble duke and his family, whilst the re-
ports were in circulation, placed the matter in a position
different from that in which it would have stood if there had
been a refutation. lie thought the noble prosecutor nek;ht
be left to his ren edy before a grand jury.
Sir JANES SCARLETT, in rising to support this rule, I
could not help.observing, that the argument of Alr. Hill was
untenable. If a men submitted to several attacks, it was to
furnish a pretence for repeating those attacks. When he I
moved for the rule he said that which might not be a libel at I
one time would be a libel at another. He adverted to the !
opinion of a learned writer, who had said the words " To
your tents, oh Israel !" might be harmless at one period, and
a rallying cry for rebellion and violence at another. The
libel in the present instance had been written by 31r. Rin-
toul in another number of the Spectator.
The ATTORNEY-GENERAL objected to any statement
of what the defendant might have written previous to the
publication which was the subject of inquiry.
Lord TENTERDEN did not understand that Sir James
Scarlett had imputed any thing to the defendant uncon-
nected with the subject immediately before the Court.
The ATTORNEY-GENERAL said his learned friend had
no right to quote any passage iv the Spectator which was
foreign to the alleged libel.
Sir JANIRS SCARLETT could only say, with reference to
the pas-age hr had noticed, non meu. hic :craw. He would
ask whether, at a time of excitation upon the subject of
reform in Parliament, it was justifiable to hold up a noble.
man and his family to public odium ? Having read the
libel, he submitted that the statement made to excite public
scorn and hatred against the noble duke was a gross libel.
The .Marquis of ‘Vorcester and Lord Edward Somerset had
also been placed under a sort of excommunication, for what ?
Receiving reward, which every one received for publ a ser-
vice. Because this family had been in the army, they were
called public plunderers. The present was certainly not the
time to resort to such attacks. It was in shot tan excitement
to riot and violence. The Court would no doubt mat: tOe
Rule absolute.

Mr. CAMPBELL was heard on the same side.
Lord TENTERDIX said the Court, proceeding according
to its usual practice, could not do otherwise than MAC the
Rule absolute. In such matter the best course would be to
leave the question, whether it was or was not a libel, to the
competent tribunal. The Court, acting upon their opinion.
could not avoid considering this publication, in which a
Noble Family wat traduced, at least a subject for the deci-
sion of a Jury.-- Rule made absolute.
HIGH COURT OF JUSTICIARY, EDINBURGH.

TRIAL Or Ma. 21ItAtik
Monday the Court proceeded to the trial of the Rev. Doo-
ms il‘Ceig, who was &stinted as 99 wow or lately Minis-
ter of a chapel in or near Edinburgh:9. He was accused of
twenty.one acts of theft, or reset of theft, between the months
of June 1830, and the 8:h March 1831. The following were

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the charges :—A quarto Bible, from %Vultcr Richardson int.,
Hunter-square; four volumes of Bunyan's Works, lon
Mr. Richardson; the Works of John Newton, from 'Mr.
Richardson; Gth and 15th vols. of Constable's Misc. Many,
from Mr. Richardson ; a Lexicon, from Edw. %rev ' • Jell -
son's Dictionary, in Stip, from Mr. West; the W rks
Paley and Josephus, from Mr. Watson' Bri• o Port ; John-
son's Dictionary, in Biro. and the Lady's Poetical Album,
from John Canoe and Son • Gramm Lex:con Manuale,
from the shop of Messrs. &frac ; Gertrude of Wyom-
ing, and other Poems, by Thorns.; Campbell. from the
shop of Messrs. Carfrae ; stewart's Philosophical R up,
in /Ivo, from the shop of dl • . Carfrae ; Latin
Synonyms and the Works of Sophocles, in Greek, two
vols. *lvo. front tl.c sale room of Maclanclian and Stewart;
the 11'orki of Aristotle, Young's Nircht Thoughts, Virgil'ir
Works, by Dryden. the Poetical Works of John
Milton, Kirk White's Remains, and the Works of Rob.
Dams, from Mr. Rich. Ireland ; Outlines of Moral Phi-
lo‘opiry, in Bvo, from Mr. R. Ireland; the Erglish version
of the Polyglot Bible, from Mr. R. Ireland, the works of
Sarnia% and English Synonyms, explained by Crabbe from
Mr. R. Ireland ; Xenophon's Anabasia, Latin and Grxit.
from Mr. Ireland; the Heart of Mid.Lothian (printed
abroad), 'Ferenee's Comedies, the Rule and Excrc:se of Holy
Livirg, by Jeremy Taylor; Clovis Pentateuch', F. Verged
Idiotistnis Grarre, the first vol. of Hermes and M. Fabii
Quintiliani Institutionum Oratoriarum. from Mr. C. B.
Tait ; a Greek Testament, from Messrs. Laing ; Thomson's
Seasons, from Pollock and Co. and the atla and litit vols. of
Ovid's Works, from Mr. Adam Black.

In answer to the usual question of whether he was guilty
of the charges, Mr. 11I'Llaig replied, " I am Not Guilty of
either of them."
A number of witnesses were examined in support of ti e
charges. The purloining was accomplished at book sales,
and in booksellers' shops, a-id clearly proved ; and the jury
found him guilty of eleven of the charges.
Mr. P. Robertson.—This is a melancholy case, r°-
much for the rank of the party, as for i:s conser
quences—for by the verdict he will both lose his living and
status in society. These considerations, he trusted, would
be kept in view by their Loidahips in passing sentence.
Lord GinciEs—This is truly the most melancholy and
painful case that was ever before me, and I hope I never
shall see its like again. But in administering justice wean-
not deal with this criminal otherwise than we would with
one in the lowest ranks of life. I must, therefore, propose
for him, what I would for another in his situation, that he
b.! transported for fourteen years. I will not aggravate his
feelings by dwelling on this dreadful case.
Lord MONCRZIF—This is a case truly lamentable in Sts
nature. We have before us a man who has been found
guilty, on clear evidence, of no fewer than eleven el:fferent
cut of theft, curried on by a sort of system, a kind of disease.
through which he could not hold his hand rom stealing such
property. With an indictment containing such charges, it
was most melancholy to think that a person who held the
h gh and honourable situation of an ordained Clergyman of
the Church of Scotland should stand at the bar convicted
of such a series of acts of theft. lam afraid that while he,
front Sabbath to Sabbath, preached to others, for himself lie
cast off the fear of GOD ; that while he held forth the good
tidings to his congregation, he himself became a castaway.
I never had a more painful duty to perform than to express
my concurrense in the sentence proposed. The prisoner
having lost his condition in society, atter all it may be best
for him to be removed from the country fur a long period.
The LORD JUSTICE CLERIC—I agree with your Lord-
ships, that a more painful duty Qum': be imposed on us
than that we are now called on to perform. Looking to the
nature of the charges, the proof led, the circumstances of
the case, and the verdict of the Jury, finding that eh ven
out of the twenty-charges are proven, I entirely concur that
we, in administering justice, must measure it out equally
to all offenders, whatever may have been their rank in
sociel ; and it is impossible for us to award any
other sentence than that proposed. —Duncan 111‘Caig
(said his Lordship, addressing the prisoner), I am
quite sure there is nothing I could say—intentionally it will
not be said—that could aggravate the feelings of degradation
which must swell in your own breast at this moment. To
conceive it possible that a man who held the situation of a
Minister of a chapel of ease in Edinburgh should have de-
scended to the commission of such crimes, affords one of the
most melancholy examples of the depravity of our nature that
has come under my observation. But so It is ; the Jury
have found you guilty on evidence which could have left
no hesitation on their minds as to the verdict they were
to return ; and our duty is, in respect to the finding on
such reiterated crimes, to award against you the sentenc:
of the law—that you be transported for foutteen years.
Yon must, therefore, betake yourself to a new course of
life; you will be removed to another country; and if you
have any regard for your prosperity in this world, you must
carefully abstain from a repetition of those crimes which
have this day brought on you such infamy. You mus: hence-
forth lead a life of uniform rectitude. if you have th: least
hope of living in peace OT comfort during the remainder of
your days ; and I need not tell you that you have another
duty to perform—the duty of heartfelt repentance and fer-
vent prayer to GOD for that pardon which we are assured
will be extended even to the chief of sinners. I trust and
hope that you will by your subsequent life endeavour to wipe
of that stain from your character which these proceedings
have cast upon it; and I have now no other duty but to an-
nounce, in impartial justice, the sentence of the law, and
that you will now hear read.

The Clerk then read the usual sentence of transoortatior.
Throughout the whole trial NiTaig maintained the great.
cat composure, and heard his sentence with almost apparent
indifference. As he is understood to have heritable pro
perry, he could easily have raised a sum sufficient to meet
a forfeiture of bail, had he obtained a liberation in that
manner, which was in his power, and not appeared, had
he not entertained sanguine hopes of an acquittal Ile has
no relations in this part of the country, except a beer.
who kept house for him; she was in the Omer-House, and
appeared dreadfully &stressed when the verdict was re-
turned.