Star.
London, England, 1826-12-04 00:00:00

tioned ; and, baying done so, be would be entitled to
their verdict. .

LAW REP3RT.
COURT OF• EXCHEQUER, Doming 2.
several caws for the Crown were gone t►rough, involving Ina!"
vatic" against t►e Revenue, but none of t►em possessed any
particular interest•
ROLLS' COURT, %CUM} 2.
/MIMS O. MTN •nn MIMS.

The Court were occupied the greater part of the
morning in hearing the re-argument of the above case,
in consequence of the death of the late Master of the
Rolls, before judgment was given. The object of the
suit was to obtain a dissolution of the partnership ex-
isting between the parties, they finding that the busi-
ness which they had been carrying on as iromfounders,
at Cotsley, was unprofitable.

COURT OF KING'S BENCH, Dec. 2.
VIZ CPIS IP. 111111211 Anti ANCITIMILMILL.
Mr. SCARLETT stated, that this was an indictment
against John Fisher and Henry Smith, the known and
registered publishers and proprieters of the weekly
Newspaper called lheSunday Monitor, for having there-
in published two base, scandalous, and malicious libels
on Nicholas Bochsa, the celebrated musical composer.
The first of these libels appeared in the number of The
Sunday Monitor of the 19th, and the other in that of
the 26th of February last. Tne Learned Counsel then
proceeded to read the libels, which in substance charged
the prosecutor with being a robber, a forger, a runa-
way galley slave, and-a bigamist.
After having read the libels, the Learned Counsel
proceeded v) animadvert in very strong terms upon
them. It was the duty of the Jury t 4 pass such a ver-
dict, in the present instance, as would serve to ct ush the
aspiring growth of this dangerous abuse. The para-
graphs complained of were of so gross a description
that no comment he could make could he regarded a$
exaggeration. They only required to he seen to be ha.ed;'
they stood out as man fest libels. The only point ft.'s-
the consideration of the Jury resolved itself into the
simple question—" Ate the defendants the publishers
of them or not?"
The Clerk of the Attorney for the prosecution pro.
duced a certificate from the Stamp Office, substan-
tiating the fact, of the proprietorship being vested in
the defendants.

Cross-examined by Mr. BROUGHAM.—The Attorney
forilhe prosecott3n has not brought an action for this
libel, nor has be applied for a criminal information.
Mr. BROUGHAM here submitted that no proof had
been adduced of the existence of such a Public Institu-
tion as the " Royal Acadt my of Music," over which he
(the prosecutor) was alleged to preside, in the libels
in question.
Mr. Justice LITTLEDAL6 said, that the Jury would
presume that there was such an institution, the fact
'being notorious.
Mr. BROUGHAIAII I recollect, some twenty years
ago, there was'a knot of Gentlemen who were pleased
to designate themselves The Royal Opposition:—
(Much Laughter).—lt is true they were not formed into
a Corporation, but it is equally true that they en-
joyed the benign favours of the Royal Family, and
were in the habit of holding frequent private meetings."l
—(Latighter).—Mr. Brougham then proceeded to ad-i
dress the Js.ry, for the defence. He admitted that there a
was such body as the " Royal Academy of Music ;"
and, moreover,, that the constituent members of this
Academy were persons of rank and distinction, both in
regard to character and wealth. The object of this So-
ciety was to prOmote young persons in the knowledge
of the Arts and Sciences. The youth of both sexes.
were admitted into this establishment from their ten-
detest years, and every precaution used that their mo-
rals and unformed characters should not be prejudiced
by ilia had, example of profligate and unprincipled fo-
reigners. He (Mr. Brougham) did not mean to in-
sinuate 'from this remark, that all foreigners were of
this description. Gqu forbid I He was proud of claim•.
ing an acquaintance and a friendship with many Gem.
tlemen, foreigoers,olthe first rank and moral.rectitude
and honourable conduct.. He wished particularly to
direct the attention of the Jury to the nature of the pre-
sent proceedings. How. had the prosecutor proceeded
.—not by applying for a criminal infcirmation—not by a
'common action for libel—but had adopted the method
pursued in cases of perjury itself, namely, by laying the
vase before a Grand Jury. No proof was given in the
evidence that such a man as Mr. Bochsa really
A prosecution might just as feasibly be instituted'
against the Proprietors of a Newspaper publishing the
account of a criminal 'being executed, either by . his
friends or by the criminal himself. No injury can have
been intended to Mr. Bochsa, no stroke of slander and
private malice could have been contemplated in the
paragraph in question. Mr. Bochsa puts himself for-
. ward as a public teacher, and as long as he is in that
• public capacity, his conduct is matter of public scru-
tiny by the whole of the press. He is charged with the
deepest stains of turpitude, yet he makes no defence.—
If the statements be false, why does he not put in' a de-
nial? The Learned Counsel concluded a very long
and able speech, by declaring it as his firm opinion,
that the Press, in this particular instance, instead of.
slandering a private individual, had been an instrument
of public instruction.
)Jr. Justice LITTLIDALI summed spat considerable length; and
the Jury immediately returned a verdict of Guilty. -
Mr. Baousuais.—Will your Lordship allow me to Move the
Court to enter a verdict of acquittal, on the ground that no 'vi-
deos:* has been adduced or the team, of such a person as Nicho-
las Charles flochsa,mentioned in the indictment?
Mr. Justice Lirrumass.—There cenalbly is no evidence ; but
you may move the Court, Mr. Brougham, without my permission,
if you please to do so.
COURT OF COMMON PLEAS, Dac. a.
neteavazir eau ousts TUB NIW BANKRUPT Laws.---nuam,
mum IP. LK MUM 11011BAU.
This was an action brought to recover the sum of
2531. for professional services. The defendant pleaded,
that since the cause of action had accrued, he had Imo
come a bankrupt, and had obtained his certificate.
Mr. Sergeant Vaucinars, for the plaintiff, stated, that
although there was no doubt but that this was altogether
an illegal commission, the defendant being described
as of Vassal' place, Brixton, instead of Conway-street,
F.tzroy. Equate, whet ehe has always resided, yet, as it
as not superseded, it must, as far as it concerned the
present cAute, admitted to be valid. In the late Bank-
rupt Act, it was provided that the bankrupt should not
be liable for the payment of any debt from which his
certificate discharged him, unless he gave a written
promise to pay such debt, the previous laws holding a
parole admission binding. In this case, he should pro-
duce a note, v titten by the defendant, en the 2Sd of
ugu-t (' is coniiiiission bearing date the 4:b of July),
in which he promises to pay 1001. to the plaintiff on the
15th of the. ensuing month (September). This note,
upon which the whole question would hinge, was with-
out a date; and, therefore, it would be for him to prove
that it was actually written on the day he had men-

The note, which was in }'rench, was put in, read, and
translated ; and two clerks Of the plaintiff were 'called,
who positively swore that the defendant called at plain-
tiff's office on the 23d of August, and, in his absence,
wrote the note in question, which, on his return, argil
gived to him, and he immediately put the date upon it.
Mr. Sergeant WILDE, for the defendant, objected, is
&nine, drat• it was not competent to offer parole evi-
dance in proof of the written promise; the Legislature
had wisely ordained, that a person should not be bound
by any engagement that was not in writing, and per-
mitting any part of such promise to be proved by parole
evidence, and especially so important a part as the date,
upon which all depended, would be rendering this
clause of the Act altogether nugatory. The Learned
Counsel pressed two other objections of a similar nature.
The LORD CHIRP JUSTICE said he should not stop
the case ;it was one of most vital importance. The
defendant should have the full benefit of the objections
urged in his favour.
Mr. Sergeant WILDE then addressed the Jury for the
defendant in a very long and able speech. He should
produce the correspondence that had passed between
the parties, from which it would appear, notwithstand-
ing the positive evidence they had on the contrary, that
this note was written on the 31st of May, and not on
the 23d of August. A number of letters were here put
in and translated—one of which was an application
from the plaintiff, dated the 31st of May, for 1001.;
and the note upon which this action was brought, evi-
dently did appear as an answer to that application.
Mr. Sergeant VAUGHAN, in reply, said, that the
money, considering the turn the case had taken, was
als•olutely immaterial, as compared with the conse-
quences which a verdict against his client must have
upon his fame and character.
The LORD Curer JiTsrice said, his mind had long
since been made tie; the objections made two hours
since were, he was quite clear, fatal to the plaintiff's
claim. He did not, however, stop the case, as it was a
question of vital importance to the plaintiff's character.
The Jury had heard the conflicting testimony, and they
would answer this question—was this note written iu
May or August ?
_ _ _

lite Jury, after some consultation, said it was in August.
The Loan Claim Jos:mu ordered the plaintiff to be nonsuited,
with liberty to move.

PORTSMOUTH, DEc. 2.

FROM THE HAMPSHIRE TZLIORAPII.
PORT ROYAL, Oesosaa 15.
We have twenty.one sail of ships of war on the sta.'
tion, but not one in port. More activity could not be
displayed in the hottest war. Our force is three frigates,
three smaller (alias Donkey 28's) five corvettes, four
lens, four schooners, and two surveying vessels. We
have sent several vessels to the ports of Colombia,where,
we regret to learn, there is much apprehension that
internal faction will do immense mischief. The people
are yet in a state of comparative barbarism, and, let-
tered by priestcraft, are easily made the dupes of ambi-
tious designing men, who talk of dividing the country
into provinces. The merchants here, who have com-
mercial connections in the country, are extremely ap-
prehensive that they shall sustain considerable losses by
spoliation. We have, however, plenty of cruisers on
the coast, if there should be any truth in the report
which has reached us. Bolivar has engaged to meet
Paea in the neighbourhood of Maracaibo. It must be a
long time before that country can make any figure in
the page,of history. 1
Wednesday, his Majesty's frigate the Forte, Captain
J. Coghlan, C.B. arrived here from Lisbon (last from
Plymouth), whither she conveyed Field Marshal the
Duke of Elvas (Viscount Beresford). to join the Portu-
guese Army. The Forte left the Tagus on the 14th
ult. The detachment of Royal Marines, landed from
the squadron, as a body guard to the Princess Regent,
had re-embarked, having been succeeded in that post of
honour by Portuguese troops, who returned from the
province of Algarves. The following is an extract from
a private letter : • “ Loam, Nov. 14.
44 The political state of Portugal appears still involved
in great uncertainty, which is not so much produced by.
any dissatisfaction of the public mind toward the orga-
nization of the new order of things, as by the en-
couragement which is given by the Spanish Government
to the more factious and bigotted parties in the country.
It appears scarcely credible, but such is the fact, that
the brave Ferdinand, who cannot protect his own king-
dom from the insults even of pirate row-boats, has
seriously dared to threaten to march a force into Portu-
gal, to join the Royalists as they are called, and put
'down the Constitutionalists. He has actually cauied a
body of vagabonds to be collected near the frontiers,'
who would certainly have invaded the territory. but
from the spirited conduct of Sir William A'COurt and
Mr. Lamb, our Ambassadors at the Courts of Lisbon
and. Madrid, supported as they are by the presence of
the British force in the Tagus. The arrival of Lord
Beresford was hailed with great satisfaction by the
Princess Regent's friends. Sir William A'Court, a
regret to hear, is recalled to go to St. Petersburgh —the
next step in the diplomatique career."
We have just received letters (via Liverpool) from
the British Settlement on the unfrequented Island of
Mombass, from which the following is an extract:
"British Establish:neat, Mombasa,
East Coast of Africa, Dec. 10, MS.
The Island of Mombass is about twelve miles in
circumference, and its average height about thirty feet
above the level of the sea. It is very fertile, but does
not contain many trees of large growth ; it is chiefly
covered with uoderwood, which affords protection to
'wild pigs, hyenas, tiger-cats, musk-cats, lions, and
snakes of all descriptions. These animals (except lions)
are so numerous as to infest the island ; they may be
met at any hour before sun-set ; after that time they
take their stroll; and then the inhabitants who live out
of the towns must keep within doors. There are three
towns on the island, namely, Mombass, Jackhalie, and
Clemendiene ; the two former join, the latter is a pile
and a half distant. The town of Mombass is walled round.
There are seven forts in it, if they ought to be called
so ; for, by the lapse of age, they are almost levelled
with the ground, no repairs having been made since the
Portuguese held possession. The Castle, though much
decayed, is still a very fine building. The towns lee
the same as all Arab towns; no regularity in the build-
ings, and the bye-streets very filthy ; but. few of them
are built with stone, the generality being composed of
dirt, thatched with the leaves of the cocoa nut tree.--1
The place is governed -by its own laws.the laws of the
Koran. When we came here, complaints were brought
to our Governor (Lieutenant William Emery, R.N.) by
the Banians and Indians, which skewed that the old
Sultan made what laws be thought proper; this was so