Star.
London, England, 1824-11-29 00:00:00

HASTINGS, V. THE SUNDAY TIMES.

The COMMON•SRRJEANT sheaved cause against the
rule obtained last Monday by Mr. Scarlett, calling on
the proprietor and publisher of the Sunday limes to
chew cause why a criminal information should not he
exhibited against him for a libellous paragraph which
appeared in his journal in February last, insinuating that
the Court of Directors contemplated an impeachment of
the Marquis of Hastings for a deficit of 300,0001. in his
accounts. The Learned Common-Serjeant did not
mean to deny that the paragraph referred to Lord
Hastings; nor that it contained a very serious imputa-
tion ; but he thought, under all the circumstances of
the case, the prosecutor would scarcely require that the
rule should be made absolute. As soon as the Editor
of the Newspaper discove•ed that he had been' misled,
he made a full and ample apology, and referred to a
debate which the charge had occasioned at the India
House, as completely exonerating the Noble Marquis
from the imonation made against him. That apo-
logy, the Editor had reason to believe, was satis-
factory to the friends of the Marquis of Hastings, and
probably would have been accepted by that noble person
himself had he seen it; but it was not unlikely that, at
a distance from home, the attack met his eye while the
retractation escaped it. He had now obtained the oppor-
tunity of fully clearing him from the imputatibn by his
affidavit; add probably, as his character was entirely
vindicated from this charge, he would not think it ne-
cessary to proceed farther.
Mr. Scaltit.trr.—lf it be thought that Lord Hastings
himself would be satisfied, with the apology of the[pub-
fisher, his ft iends would regret acting in any way which
can be deemed harsh s but I think my Learned Friend,
if he asks for indulgence, should now repeat the apo-
logy in Court.
The Costmom-Sea.taktrt.—l am instructed to do so,
in the most unqualified terms. I intended distinctly to
express the sincere regret of the defendant that he should
have been led to publish this article, and his conviction
that there is no ground for the imputation it conveys.
If I did not do so before, I do so now.
Mr. SCARLETT.—The object of Lord Hasting was to
vindicate his character, not to press severely against
others. On his behalf lam ready now to do whatever
the Court think right. There is one fact stated in the
affidavit which has not been referred to, but of which
I will give the defendant the benefit—that he has
searched for the manuscript, with a view to discover
the author, but has not been able to find it: Had not
this been stated on oath, the Noble Marquis, whom i
represent, would have proceeded till- the author was
[ given up, as he determined, if possible, to trace the
calumny to its source. Alter what has been said, how-
ever, I leave his character and honour in the hands of
the Court ; and will take any course your Lordships
may deem proper.
The Commem•Szamsxv.—The defendant states he it net the
author, nor does be know the author.
The Loan CHIC/ Jorrice.—Perhaps, after the apology which
has been made and repeated to-day in Court; there may be no ob-
jection to allow this rule to be discharged on payment of costs.
Mr. Scaai.rrv.—lf your Lordship pleases. I leave it entirely
wwith the Court.
The Loan CM/ JUSTICIL—You have no objection to that course
Mr. Common-Serjeant ?
The Cossmoy-Sanattauv.-011, certainly not, my Lord.
The rule was accordingly discharged, on payment of costs.
COURT OF COMMON PLEAS, NOVEMBER rt.
ANOTHER LIGAL FRACAS

In the course of a cause relative to an award, but
which was in itself destitute of interest, except to the
patties concerned, and in which Mr. Serjeant Pera. at,d
Mr. Serjeant TADox wete engaged, the following con-
versation passed between the latter Learned Gentleman'
and the Court. Mr. Serjeant TADDY was adverting to
a rule in which the award was stated :
Mr. Justice Beettottisti—Read the Rule.
Serjeant Tann,' was proceeding to state the circumstances.
Mr. Justice BU 11111OUG II —Read the Rule; read the Rule.
Mr. Serjeant TADDY—Gon bless me! It cannot be necessary to
read the Rule. I was stating the facts--
Mr. Justice Buaanua■—But I want the Rule read, in order to
understand the facts.

The Loan Cntsr Jurrics—Brother Taddy, let us not hear ano-
ther such observation as that. If the Court wish to bear the Rule
read, that wish ought to ba attended to.
Mr. Justice PARK—Really the Court has the greatest difficulty
in forming its judgment upon the cases before it ; we cannot gather
a knowledge or cases which embrace a great variety of fiicts and
circumstances, from a bare statement. If we ask for an affidavit,
it is scarcely handed up to us.
Mr. Serjeatit TADDY—My Lord—
Mr. Justice Pane—Let the officer read the Rule.
Mr. Serjeant TADDT then handed the Rule to the Officer, who
read it, and the case proceeded; but in a subsequent part of it,
Mr. Justice Buasooort said—l now see the reason why you did
not read the Rule. I expect in future, that when I ask for a Rule
to be read, I shall not be answered again as I have been to-thy.
Mr. Serjeant Taper —I apprehend, my Lord, it is not my duty
to read the Rules of -the Court; it is the business of the officer; I
am not bound to do it; but when an imputation is cast upon me, I
shall always answer in such a manner as I think frt.
The Loan Cuter Jur:rem—Brother Taddy, you should not make
such an observation to any Judge of the Court.
Mr. Serjeant TADDT.-1 would not make any observation to any
Judge of this Court, which I would not make to any Gentleman;
but where an Imputation ii cast upon me, I will make such obser-
vation as I think it to any Gentleman, be his situation whatever
it may.
The Loab Cuter Jusrsea.--.lt is most indecent. No suth observa-
tion should be made from one Gentleman to another in any situation.
Mr. Serjeant Tarsor.-.-I do not wish to make any improper ob-
servation; it was imputed to me that I wanted to keep something'
back from the knowledge bf the Cciurt. I did Ad think it neces-
sary to read the hale on account of its length.
The Loan Curiae Jorrica.—Don't be in a passion, Mother Taddy.
Mr. Serjeant Tar:mt.-14m not in a passion, my Lord ; but I
will not submit to have such an imputation cast on me by any per-
son, whatever may be his station.
The Loan CHIC, Jvsrscs.—Some notice must be taken of this.
Mr. Serjeant TADDT.—Very well, my Lord. Ido not think it
is my duty to read the rules of the Court, bat I had no wish to
keep anything back.
Mr. Justice Pant —But yon should have given the Judge a be-
com;ng answer, instead of speaking in the manner you did.
The Loots Cmsr J owrics.—You speak of the conduct that should
,e adopted from one Gentleman to another; but really this is not
be conduct that ought to be observed from Gentleman to Gentle-
man in any situation.
Mr. Serjeant TA nor made no further observation, hut sat down,
Ind here the conversation dropped.

YesterdAy, Ole Logo CUANCELLOR had an audience
Ibis 114Outt.

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4IP

PAUNTLEItat

Saturday, Mrs. Fanntleroy went fur the last time to
Newgate, although 'in' so feeble and precarious a state
of health bad sbe been for some time, that it had been
eonsidered by her friends that she would be utterly in-
capable of again visiting her hosband s it being, how•
ever, their mutual desire once more to meet and bid a
final farewell to each other, she collected all her.ener-'
gies, and made an effort to perform the distressing duty.
On entering the dreary prison, she was scarcely able to
sustain the anguish which she felt ; but, supported by
one of the officers Of the jail, she with difficulty reached
the apartment in which her husband is confined. When
the melancholy recollections which must have possessed
the minds of these unhappy perseps are considered, it
may be readily conceived whit such an interview must
have been. Mrs. Fauntleroy was accompanied by a
female relative, who appeared to share her grief.
Not long after this distressing scene-, Mi. Fauntleroy
had to encounter another trial not less painful to his
feelings; his sister, whom he had not seen since his
apprehension, came to be the. witness of his degradation
and disgrace, and to partake, with him and some friends,
of the Holy Sacrament. Her faded form indicated the
mental affliction which she had endured ; the kind at-
tentions of Mr.Wontner, who humanely invited her to
remain a short time in his house until her perturbed
spirits should become a little composed, were scarcely
sufficient to prevent her fainting. Mr. Fauntleroy is
said to have shrunk with apprehension from this meet.
ing, but after the first shock was past, and the solemn
rite had been performed, he declared his mind to hate
been much relieved. It is scarcely possible for a re.
fleeting mind to advert to such melancholy scenes as
-the above without lamenting the extensive injury in-
flicted by the crime of a single individual, which is
aggravated from its having the invariable effect of in-
volving the innocent with the guilty. It is understood
that the aged Mother of Mr. Fauntleroy is, by means of
a pious hand, kept still in ignorance of the real situation
of her son, whom she still supposes to be in confinement
for debt.
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