Star.
London, England, 1826-07-08 00:00:00

LAN

IRT.

VICE-CHANCELLORS COURT, loxx 7.
MACK +Y v. AosrATSoN AND MICELITON.

Mr. Hu-m.O slid that he was to have moved, by per-
mission of the Court on a former day, fur an injunction
to rf str,in the defendants in this case from publishing a
.certain publication, and he was now ready to groomed

with the c•+se.

Mr. Moos, on behalf of the defendants, interposed,
observing, that the affidavits on which the motion was
fou:lded were lengthy, and time had not been- gires to
answer them. He would undertake that the defendants
did not do anything in the mean time, if the motion
were postponed to a future day. There was another
reason why the motion should not now be heard, the
plaintiff having neglected to serve one of the defendants
with notice.

Mr. HSALD remarked, that with respect to the latter
observation, there was no necessity for doing so. Wow.
ever, he had no objection to the case standing over until
the next seal day, as the parties had undertaken not to
publish what his clients called a piratical work. The
Learned Counsel further observed, that the defendants
must undertake to furnish the plaintiff with copies of,
their affidavits by Wednesday.
Nr. Noose consented to this proposition, aad the modem was
Ized for Friday.

COURT OP ICING'S BENCH, Jima' T.
LIBEL ON THE MARQUIS OF PALMELLA.
TIM KING V. MOCHA.

This was an information filed against the defendant.
.for having published in a monthly publication, called'
the Pertureu, of which the defendant is the Editor, a
(she and scandalous libel upon the character of the
Marquis of Paknells.
Mr. SCARCE= suited the case for the prosecution.—
The Marquis (late Count) de Palmella was the Ambas-
sador from the King of Portugal to the Court of Great
Britain, and was a Nobleman who had for several years
enjoyed the confidence of his Sovereign, and was consi-
dered by the highest official characters to be a Noble-
man of unimpeachable integrity ; but there were some
persons who made it a point to attack with the most
bitter invectives all persons invested with high authority.
In the publication of which the defendant was Editor,
a series of attacks had been made upon the Noble
prosecutor, and among the most virulent of those
attacks was the article which was the subject of the
present prosecution, and which had its origin in a
circumstance which was well known to the public.—
During the combined operations of the English and
Portuguese troops in the Peninsula, considerable spoils
and booty had been taken, and a negotiation for the
division of the spoils between the troops of the re-
spective nations having been entered into, the Count de
Palmella aas appointed on behalf of the Portuguese
army. The sum which was finally awarded to the
Portuguese army was 85,0001. which was laid out in
the purchase of Exchequer Bills, and lodged in the
Bank of England, for the purpose of being afterwards
distributed among the officers and men of the Portu-
guese army, at the discretion of the Portuguese Govern-
ment. This money was afterwards paid over to per-
sons named in an order signed by the members of the
Portuguese Government, and the money was trans-
mitted to Portugal. The charge contained in the libel
was, that the noble prosecutor, and two or three others,
had appropriated to their own use the moue) so ob-
tainvd. The Learned Counsel then read the libel, but
in so low a tone as to be scarcely audible, and he con-
cluded by expressing his conviction that no Jury of this
country would suffer the Editor of aay publication in
the country to attack with impunity foreigners 'filling,
distinguished situations in this country.
Mr. Simpson, the prosecutor's attorney, swore that
he saw the defendant at his house, in Newman-street,
Oxford-street, in June, 1825 ; and that the defendant
avowed himself the author of the libel. At the time,
the witness %honed the defendant the number of Me
Porgaguese containing the libel, and also the rule which
had been obtained for a criminal information against
the publisher, Carvalho. The defendant then said, Oda
he was editor and sole proprietor of the publication,
and was ready to answer for every thing which might
appear in it.
The CoMMON Saft./aANT submitted that there was no
evidence of a publication in Loudon by the defendant,
and as the defendant was now called upon to answer for
having published this libel in London, he must be, in
absence of evidence to that effect, acquitted.
Mr. ScAaLarr, on-the other aide, contended, that as
the information against Carvalho was for publishing the
libel in London, and as the defendant had seen the in.
formation, and afterwards taken upon himself the
whole respons;bility, ution condition that the informa-
tirn against Carvalho should be abandoned, he had ad-
mitted himself to be the publisher.
Mr. fliampeon called and crew-examined by the Comma Sea- '
mans—He said that during the tonversation which pawed between
him and the defendant, there was nothing said about the publication
of the libel in Loudon. The defendant merely said that be was the
: a bor of it.
The Loan Caner harm said he should not direct an midis!.
lf themwas nat aullicient widened of publication, the defendant
:night hereafter have the benefit of It. _

11,e libel was then put in and read in the Portuguese
language, and also A ttauslation in English ; and several
witnesses lam called, and a Portuguese Gazette was
read, in order to prove that the prosecutor was one of
the persons named in the libel, and that the prize-money
had been paid pursuant to the order of the Portuguese
Government.

The •Cnetarom3sesues took several ohjeetiodhatidlis todictment,
bet they were. atter cousidesableargamot. evessilvd.
The Common SIIIILIZAIre then addressed the Jury for
the ,defendant, whom he described as a Gentleman of
education and great attainments, and a member of the
Portuguese Bar, who, in consequence of his adherence
to the Constitutional Government of Portugal, was now
an exile from his native land. He (Mr. Denman) had
given the other side all the trouble in his power, in
order, if posible, to secure the acquittal of his chest;
and as the o'iections taken by him had been over riled,
he did not think it necessary to make any observation
except this, that if the prosecutor should think fit to
press for judgment, he should thea make the best defence
an his power.
His Lordship said, the Learned Counsel for the de-
fendant had done credit to himself and just ce to his
client by the course which he had pursued. He only felt
it necessary to say, that at the time three Ministers of
the King of Portugal were accused of having appro-
priated a large sum of money to their own use, the
mosey was actually in the Bank of England, and had
been since paid to the patties who were entitled to it.
The-Arry lossedistely toad the detersolsat Gra*
The.valse of the booty taken at Bhurtpore is esti-
mated at TO Inca of rupees, or eight millions sterling.

~,.

.1!.1 AcCADA IZ ATION.

In the proceedings taken before the House of Lords
on the 11th of last May, several witnesses gave evidence
on the Westminster Improvement Bill, as to the cam.
parade, expense of macadamising and paving, well
worthy the attesatioaef the inhabitants of those parishes
in which macadamit Won is proposed. Macadamise.
lion is a desirable improvement on paving, foe places
where quietness is a desideratum; but then the expense
ought to be borne by a proportionate subscription from
the persons seeking the benefit. In streets of much
traffic the alteration is wholly impracticable; for the
wear and tear would be so constant as to allow no
time or space for repairs, as was evident in the mac-
adamited streets last winter. Where the water-plugs
were put up, during the frost, the force of the wasted
'Water alone actually beat the macadamisation into large
holes and pools. The expense of macadamization ought,
in particular, to be explained to inhabitants b'efore they
ate persuaded to agree to the alteration—it is no less a
difference in ten years than 2/. on every yard; a yard of
paving for that time amoorring to 106.10 d and a yard
of macadamized road for the same period 21. 10i. 10d,
Mr. Johnson, an eminent pavior and btorre merchant,
•tated before their Lordships, he had been a contractor
for St. George's, St Ann's, St. Giles's, and other pa-
rishes, and tor some parts of the Ci'y, which enabled
him to make veil, accurate calculations. He proved
that the very best pavement would cost 13s. per square
yard, which would require no repair for the first year
certainly, and in most cases would cost nothing in re-
pair for the first three years ; that the expense after the
first year would be about 4i. per annum for ten years,
after which the pavement, as laid down, would be worth
111. per yard to the parish; thereby reducing the expense
of a square yard of pavement, in ten years, to 10s. 10d.'
as under :

s. d.
. 13 0

Fir* cost . .
Tee years' repairs, at ed.
Ditto doming, at 3d. •

S 4
. 2 6