Star.
London, England, 1818-08-08 00:00:00

NISI PRIUS.

THE KING V. MARY ANN TUCKrAt.
This was an indictment agairst the defer.,
a libel published in a country newspaper calk.
Wed Briton and Conn Pall Advertiser," Immo.
tiff, Mr. R. Gurney the younger, Vice.'
Stannary Court, in the county of Dev:.
was no sooner called than the Lsdy apt),
Court as her own advocate, and was acco
at the Barristers' table. The pleading
by Mr. WILD.

a: der,
'll/

were

• Mr. Serjeant Part then stated the rase, ,
observed, consisted chiefly in a char.frt maje
the plaintiff, of malversation in the dischn,'
public office. Ile could not bring the meri,
question, which the Jury was now abs.:
shortly ender their review, than by rcadinct
itself, as it appeared in a public joarnaj, l
dressed, in the form of a letter, to the l'aft.,t
Weit Briton, and was in substance as formes:
•• Soi—The f.a NVIIICh lam about to comm.:Ai:et •••
baps, appeal' more singular than Import:ex,
less calamitous than the present, the steen,e;:t
goner illustrative of the Borough-molar rirg e!ttem,
venially execrated, must of-itself excite an inure th it
thing new in the history of this country :huh sh).:6l
out-hawed Judge. It might be called an insonee or trz
the annals of Europe, if a case had not
Vienna, of a Magistrate and Minister of Jars. !eint :
to the punishment of sweeping the streets. .1 (v.•;.t1.,:••
name of Tontkin was-tome time past removed frers ,Is,
Vice-Warden of the Siannary Court, in order to not. r
Mr. R. Gurney, son of the Hew. B. Guns. •-:t
notoriety. This last Gentleman, not perfectly satiAle:
considerabk Benefices, the reward of former sertitei,
curing this situation for his ton, obtained at the sz-netlei
raise, that the salary should lit occupied, a peon:true:el
honcur of the patron, has not been feltilled. Soon t
motion of Mr. Gurney the younger, it urfortunate:i
that he was °Mired to leave the county in w!..ieh i
pointed to exercise inclicir.l flirtatious, and this necean
irons pecuniary embarrassments. In canto:pence atlas
a petition was presented to the Lord Warden, corylanit
neglect and delay of justice, occasioned by this eicluet,
siring the appointment of a new Vice- Warden, bin nu at
taken of this representation. After this ttatemeat, it
matter of wonder that he should still retain hit place;
fact can only be traced to the famous Borourh-moneu
tern, and to political motives. Lord Vermouth has bt
chased largely in the Borough of Tregony, with a vie
posing the interests of the Karl of Darlington. Under
teetion tllr. Gurney found It convenient to pi to :he Cc
and was twice outlawed in the mtutetllaccs of Ply=
Dock, which outlawry has not been reversed. Into
tending his Court, be was therefore obliged to secrete
Now, Sir, after this statement, no one can be at a Ws is
tore what are the motives *bleb operate In Wailing I
in a situation the duties of which he it triable to-dub
forbear occupying too large a portion of your valctiit
air Paper, or I could mention many anecdotes sltevr
;dr. It. Gurney and his son have profited In the whet
ruption. I shall only add, that he demanded mines
flonlioyne2ntywfdoromm,co,ui:slitesee:wirililvcia.
Ilohvereebber.i_n;id'Ae:b7let.sdath,:riafeel.Lcycsof r.

it to trn•

" An Eikart to Corny
It was impossible, he apprehended, that a in
furious br scandalrws libel could be published
the character of any man. He should be abteti
the publication, not merely in the usual way,
;means of a subsequent letter addressed to the
in which the libellous matter was distinctlra
lodged. The brother of the defendant had b
cretary to the Vice-Warden, and upon his in
tion she had ventured to charge Mr. Berne
bribery and corruption; and with the specific
extorting 20 guintas from the parties in a cause
he refused to decide-till the sum in eitiesti(
paid. The worst part of the libel it still re
for him to state. It was contained in a nib
letter, and must fill every well-regulated min
a sensation of disgust. The defendant thong'
per to instruct the Editor that Mr. Gurney ha
outlawed, that this outlawry had not been re
and that he was incapable of bringing an actii
was sorry to see a Lady of an undemauding
lents so conspicuous in the situation of the
defendant ; but he felt himself bound to say, 1
, slanderer had ever aimed a more deadly blot:
reputation and character of a Gentleman. 1
fendant, he understood, would be her own al
and was a woman of no ordinary understanc
He had to lameilt that she did not make a be;
of the factlties with which PROVIDENCE Lai
pleased to gift her ; it was not too late t 3
atonement, although that atonement nine fi
verdict of Guilty. He would not dwell wi
peculiar emphasis upon the nature of a new
publication, because he thought such publi
most important and beneficial to society;
would state, that in his opinion the sorest in
preserving that invaluable blessina was, ti
freedom which it involved should not be AIL

Mr. E. Budd, the Editor of the West Brig
then Ailed, and deposed, that the &deviant
conversation, acknowledged the orig:aal ati
to be her own. He ieceteed it by the post,
subsequently seen her, and in taiking upon i
ject, she had admitted the former writing to
own. It had been submitted to hint, vial .1
tionary power of altering or omitting srch p:
as he might deem unfit for publicgtiou, and
accordingly made considerable
certainly received a pledge from Captain 1‘ cc
of the Nall, the brother-in-law of the delenda
no prosecution should be instituted for
ceps that which was printed in the
The Lady now rose, observing, that sh.
there with reverence, but without fear. t.
deed, was the inseparable concomitant
and of any offence, in a moral view, her
entirely acquitted her. She did not apici.
personally from any feeling of presumpr•
from her inability to procure (o iasel. 11,:'
lity was caused by a debt due ixr brother.
,the plaintiff refused to pay, and her ow:. (I;:
tion to encroach on the corm-or:3 of a
rent. She might be indiscreet, but <he wa., ;-
scions of criminality. It was the first nni.t
had ever entered a Court of Justice, ano
.could entertain a deeper sense than hel,ed
eicelltnee of that enlightened sy.tem of f
deuce which was established in thy, ce:r.tri

•
acf drive his chief adv an-
.„l?e ire • m her ignorance of the law, for she could •
..
ic the.plam and simple ground of denying
rt.) •
tr',e talsehood and malice charged in the indictment.
With the permission of the Court she would now
Tad a rtssage from Lord Ellenborough's address to
the Jury on toe trial of William Cobbett. Mere the
lady read an extract from the reported speech of the
chief Justice touching the license of discussing the
darac:er and conduct of men in public offices.) The
via point on which she rested her defence was,
tior Mr. Gurney was a public officer, and that she,
every other subject, were entitled to examine
tonduct in that capacity. She was frilly, pre-
aed to prove the truth of every statement contain-
'll in the rubliihed letter.
;jr, Justice Bonnountr—That the law of the land
toes norallow you to do.
the Defendant proceeded, expressing a hope that
sbe might at least be allowed to prove that the pub-
lication in question was no libel. The Jury, she
trtsted,would not be induced by any legal sophistry,
to sanction a principle equally adverse to religion and
to monis—that truth could be a libel. It was the
&donut of the law, but of the abettors of tyranny,
ever vigil to enslave mankind. Vengeance, not
the ina,ation of character, was the unworthy and
urritmly motive of the prosetutor. Had he been
itttutedby a better feeling, be would have brought
his ado, m which as a lawyer he must have known,
thar evidence might be produced with iegard-to every
jrn sum! in the publication. He had; however,
adoped thccowardly resource Of indiccing a female
Fr an act tending to a breach of the peace; he him-
,,if having, not long since, been sentenced to six
maths'imprisonment by the Court of King's Bench,
,„,r a positive breach of the peace in horsewhipping
the present Solicitor-General. The statement which
e hadsent to the Editor of the West Briton re-
ined wholly to the official and Public conduct of
prcisecator ; and, with great submission to the
Cart, she apprehended that the conduct of every
parson in a public station was open to public exa-
rination. This position, as she had before stated,
*lie had the authority of Lord Ellenborough in
maintaining.
Mr.Jusucc Branovon--.1.0rd Ellenborough never
could talk such nonsense, or assert that a man in a
judicial office, may, be charged with bribery and
corruption by any person who thinks proper to pub-
Inh path a statement to the world. I am sorry to
ice you transgressing the law at every step, from a
NA ;soden of moral right. Many Gentlemen at
this Bit would have been happy to assist you, and
=ski, I am sum, have advised a very different sort
ddrfrace. - . . . . •

Miss Tucker continued, .and begged leave
,to read
sense of the Act of the 32d of George 111. by
ilich the Jury, ioa case of libel, are empowered
ugin a verdict on the whole, matter, and on the
peril ism of Guilty or Not Guilty.

Mr. Justice Bunnnuou—This Act was never con-
strued to enable a defendant, upon an indictment, to
kstify by proving the truth of thelibel.
Wes Tucker proceeded, and remarked, That the
ranee of the indictment consisted in the evil ten-
dency of the publication. This tendency she was
prepared to spew was good, and wbuld contend
tat resentment might 'exist without mace. The
teltfirated Mr. Locke basi—qemted an erpression
teak hul to this effoct—" Bc ye .angry, but sin
toe If foe law of libel really was what she had
/surd it imapteted to be, a new system of 'ethics.
ought 10 be prefixed to it. No Layer or Legis-
• lator could intend to pimish where there yea.t no
malicious motive or intentional provocation. The
falsehood and nsa4ntity were alley the other side r'
and le hoped ao legal sophistry' Wottlei induce the
Jury to convict her of' an offence where her object

•• • -
2S meritorious.-
31r.Justice Bonentren then charkeifthe 47;44
res,ing, in von- stiong terms, his decided opinion,
that the publication in -question isat libellous in the
cierce.

. The Jury retired for about half an hour, and deli-
rota a verdict of Mt Guilty at the Judge's lodgings.
It is a little remarkable, that the Lady, who stated
inself ne►er to have beea is a Court of Justice be-
far, even as a spectator, went through the business
trithmu the slightest hesitation. The effect of her
address was apparent by her acquittal, after a very
fectiblo charge from the Judge. Miss Tricker ap-
peared about 35'years of age ; she is in possession of
*pmerful piercing countenance, though not particu-
larly marked. The Court was exceedingly crowded,
tie whole of the trial exciting a considerable degree
tikterest.

NORTHUMBERLAND, AIIGUST 4.
CIVIL SIDE.—SEDUCTION.
C.llll 17. CLIME&
case had excited a very high degree of expee-
Atm, and crowded the Court at an early hour.—
Jw.as it was o?cned, his Lordship ordered the La-
tetm withdraw. This they felt to be an inconve-
tinte, es the Crown Court had been' a few minutes
before male inaccessible to them. The relief to the
Geateinen was, however, but for a moment, for
while the Ladies were leaving the Court, double the
!toter of the other sex rushed in. It was a Special
4471 Sr Charles Lorraine, Bart. Foreman.
Mr. HOLT stated, that this was an action brought
IT Thomas Carr against the Rev. Robert Clerke, to
weeetr compensation in damages for the loss of his
lighter's service!.
Mr. Soottert thus addressed the Jury :—lt has
fetn to my lot- to address you on behalf of the
whose unfortunate daughter has been se-
‘ttel 17 the Defendant. The acti
on is brought on
I,egrotind of loss of set rice. It is an action long
worn to the law of England. It is the action of a
11" to tecewer compensation for the loss of service
krasimed by the seduction of his servant. If that
!t ,e: be Llso the father, as the service is endeared
is :nil; relation, so the loss is greatly aggravated,
larrPf:es must be accordingly higher. The
ia this case, it gives rue the greatest pain to
is a Clergyman, Lecturer at Ilexham, a
considerable fortor.i., and but half a
when the transaction took place.—
,c:ied to a daughter of -Mrs. Shafts,
and bad three c) ",dcen. Ile lived at
a few miles fv)rn licaham. But he very
1 in Mrs. Shafco's house, and sometimes
viah his whole family for %seeks. In Mrs
limit': was the unfortuuate dataii,latt of the

tot— v

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