Star.
London, England, 1819-10-11 00:00:00

TO THE EDITOR OF THE STAR.

SlR—The Community in which we live is much
indebted to you for the Observations which have
lately appeared in your Journal, on the subject of
" publishing whatever occurs in Courts of Justice."
The principle on which they 'are fOunded is sound, the
reasoning accurate, and the conclusion just ; but what
is much more fortunate for the present purpose, con-
sidering the disposition there is to bend to authority
merely as such; your opinion upon that subject is
perfectly legal, taking it with reference to authority,
alone ; although I should, were it necessary, contend
that it is to reason alone, and not to authority with-
out reason, we are bound to submit. But, when rea-
son and authority— are united, every wise man is
pleased, and every good one is delighted ; for the
sentiments of bad ones, we ought to have no solici-
tude ; but, when they affect to guide us by what they
call " the Law of England," and tell us, " that we
must submit to the decision of Judges, as a part of
the Law of the Land," it becomes us to examine
warily the dogma, and to see how that matter stands
in point of fact. I have read quotations from the
authority of the late Chief Justice of the Court of
King's Bench, by which, it has been contended, it
appears, that publication of evidence before a Coroner
is illegal ; the case referred to, states the Judgment
of Lord ELLENBOAQUI3II, Mr. Justice BAILEY, and
Mr. Justice HOLROYD to be, that to publish such
evidence with comments such as may lead to prejus,
dice a future trial is unjust, and consequently illegal.
Nobody disputes it ; but this does not decide that the
publication of the evidence is, simply, illegal.
The Coroner's Inquest is an open Court, and, like
all other open Courts, every man in England has a
right to cuter it, and to remain in, to notice, and to
notify, every syllable of its proceedings, whatever
effect they ma; have thereafter, on any body, there
being no law in England by which any man in Eng-
land can be prevented from so doing. In support of
this proposition there are many cases. The most mo-
dern, as well as one of the most plain and simple, is
that of Curry v. Walter, by which it was decided,
in April 1796, "That an action cannot be maintained
for publishing a true account of the proceedings of a
Court of Justice, however injurious such publication
may be to the character of an individual."

The case was this—An action for printing in the
Newspaper called " The Times," under the title of
" Law Reports," a libel on the Plaintiff. It imported
to be an account of an application to the Court of
King's Bench for leave to file a Criminal Information
against the Plaintiff, and a Mr. BINGHAM, both Jus-
tices of the Peace tor Hampshire, for refusing to
licence an Inn at Gosport.
The ground of the application, as moved by Mr.
ERSKINE, was, that the Magistrates had conspired
with the landlord of the Innkeeper, to find a pretence
for refusing him a licence, thereby to compel him to
surrender a very beneficial lease to his landlord. The
supposed libel was set out verbatim in the Declara-
tion, and a very bitter philipic it was upon the cha-
racter of the plaintiff, stating the circumstances of the
charge against the MagiArates for a conspiracy very
distinctly, and which they alleged to have been highly
injurious to their character. The Law Report con-
cluded by stating, " that the rule, thus moved for,
was not granted, because there was no affidavit on
the part of the prosecutor of the Magistrates having
bad due notice.of the motion." The defendant pleaded
the general issue ; and, at the trial, after the plaintiff
had proved the pubhcation by him, produced a wit-
ness, (a Gentleman employed by him to collect legal
intelligence for the use of his Paper,) in order to prove
that the Report was a true and faithful account of what
passed in the Court of King's Bench upon the motion.
It was objected, on the other side, that this defence
ought to have been put upon the record, and could
not have been given in evidence under the general
issue. This objection, however, was overruled by
Lyre, Chief Justice, who, in summing up, told the
Jury, that though the matter contained in the Paper
might be very injurious to the character of the .ilagrs-
trales,yet, he was of opinion. that being a true account
of what took place in a Court.ofJustice, tvhich is open
to all the world, the publication of it toes not unlattful.
The Jury found a verdict for the defendant.
A Rule Nisi was obtained for ,setting aside this
verdict, on two ground:; Ist, That the matte: :;iveu

in evidence, did sot amminr...:) a
and 2dly, That supi:obing it to be a roe'
ought to have been pleaded in bar t•. the
not received in evidence wider the gera l
The case was then argued at great lenen gth, a„?—
much learning on both sides, wherein
tended for the plaintiff, that it wa; not lat.f;.,,
lish any thing that was injurious to any
matter that was falsely stated in a Court ;'
and that the more especially if that was
made ex-parte, as it was in this case, arid
against Magistrates acting in their rffieiai
ter, acc.

is
CA,
c•
For the defendant it was conteitiicd onr:,
principle—that whatever occurs in a ifrizil
fi whatiiec hpicarss
jeudst;ic eand
expatiated of tis:
tice, may be published, provides! it b a fait
countt
of
opinion na
Court. •
ject with much energy. He said, that in
”.
non of Law, every man in England , s r
Court of Justice; that nothing can be
therein, but what every man in Eugland
way hear ; to publish such matter, therefore:
only repeating what every man in England
or might hear, and consequently, Rug II
if any body could be restrained, then sari
must be restrained, from publishing any thing
took place in a Court of Justice, if it should h;
to be injurious to another--then all public:at:a
authority, at the Old Bailey, and evaa the
Trials, would be illegal, for their publico'
almost always injurious to somebody.
The rest of the Court fully assented to this
trine, but some doubts being entertained upr
Bench whether the matter of justification
not to have been pleaded, the case stood over,'
on that account, and no ;''figment was ever
That, however, no way affects the general fu
I only state it pro mr:jorc CattiPl4, lest scam
publicity should notice it as a defect, in this
cOunt of a case, with which I possess mar'
as well acquainted as I am with any thing.
Here, then, you have a case in which a ,
made ex pole—the matter of it highly injuris
party—that party a Magistrate, in the esercis
magistel i al functions—that motion, moreover,'
because it was made behind the back of that
trate ; and yet, with all this, the publication of
pronounced legal, upon the simple groand—f
;was a true account of what passed in a Court o
tice, and that by the Right lion. Sir JAWS
Knight, Lord Chief Justice; the Hon. Sir FR
BULLER, Bart. the Hon. JWIN Haim, and the
Sir GILES Root, Knight, Judges of the Coi
Common Pleas: constituting an authority rai
at least, to any Bench now in England, tl.e
Peers alone excepted.—Your's, with estevra,
JURIDIC'
It is reported, that on Friday it wu rest
assemble the Parliament carir in November
and that a Messenger has been dispatched, rent
the immediate return of Mr CANNING from
Continent.

The Paris Papers of Thursday, and Mails
Holland and Flanders, have arrived since (lox
but though the pressure of domestic rratte
as even to allow us more room than it does,
met with nothing in them particularly u'
interest the Reader.—French Five per Ccim.
nesday, 70fr.
Madrid letters of the 38d ult. announce
of the Hornet at Cadiz, en the 17th with
from America.
FAUEOOI7I, Germs= o.—Wind S. S. F.—Arrived
cordla, JoNos, from Bilboa for Bristol. Sailed the Gen
Carmroas, for ilamburgh ; le Constant, LORE tt!, for
Foresworn!, Gemara 10.—Wind S. E.—Arrivcd
nersley Caulk transport, front Leith ; the Flora, lit
Thardt ; Lord Wellington, Morrate, from W001wi.7.1;
William and Mary, Wiesox, from Boston. Sailed the
Coesatav, and Echo, SPENCE, for the South Seas; Era,t,
sox, and Ranger, HARvEr, for the Br-..eas ; Caledoni
for P. tershurgh ; and his Majesty's ship Les, for Myrna)*
DEAL, Clemons. 10.—Wind S.E.—Salted yesterday %
of the outward-bound for their different destinations,
Sesostris, Teoneson, for the River. Came down from
to-day the Percy, SNIITM, for Jamaica; the Crown, DAPY.N.
Trieste; and Prince Regent, ANDERSON, for Botany Bay.
3faunays, Ormuz' 10.—Arrived the Maria Sop'::3,
If AN, from Gottenburgh for Barcelona, having been go a
Long Sand with loss of an anchor and cable.

eitvus, Sik:Tossm 9.—Arrived the Stravor, Prrnpor,fr:c:.
eteream for Surinam. On the 6th instant she met ugh 3="
upset, drifting on Beechy Head.
PCNIANCZ, Ocroaza B.—Put back the Venus,
2wansta, with loss of bowsp:
ORE.:ARBON, OCTOBER 9.—A large ship, hrnvi!i
seen to go down, off Lanhaira, Carnarson Bay, at _ever. r
this morning, name unknown.

Boma, Os.. 9.—Sailed this day the Lord Duncas
Captain PAMOZ, with a mail and passengers, ter Ontr(
the King George packet, Captain KING; for Calais, w:th
and passengers. Arrived this afternoon the Lord
packet, Captain HAMILTON ; and a French packet, fret
with passengers.--Get. 10.—Arrivid last nift.l the
Charlotte packet, Captain HALLANDS, from Ost'nd, sviti
and passimzers. Sailed this day the Dc:enix, Cvaia
for Calais, with passengers.
THE FeNns.—A considerable depre s:on was
perienced, towards the close of the Ma ker. on
turday, which continued this morning : en the oi‘e.:
ing, Consols were heavy at 69i ; this f;01 is a::ri•
'bused to the present unfavourable state of the
Ye
venue ; the report being that it is descient Fiftent
Hundred Thousand Puitads, with the conesporldig
quarter of last year. The Merchants and Star'
sign this day and to-morrow, and on Wednesda!,:be
Dividends will commence paying to the PINT.
CORN-F. X Cll ANG F, 7.1 RK- LA N F., OCTOBER 11.
Our supplies of all Cori since this day week 110
.;.
been very large, partieulaily c,f Wheat and ParleT,
with which articles the market is ght!:ed: a
though a few picked samples of Essex Wheat swd.
nearly last Monday's price, all other deserpt:co.
are 3s. to 4s, per quarter cheaper ; and even at, tN..
reduction very few sales could be efrec:rJ.
is 4s. per quarter lower, owing to the stirciall:rdet
arrivals, and only select parcels could he disrcsal
the ordinary qua'ities being totally unsaleable. Wh-t
Peas are 2s: per quarter cheaFer. In Beans and reo
there is little or no alter.ltion.

1 OA
Beef ..... 4s 14 to 5s 0.1
SMITHFIELD IRK ET, OCTOBER:11.
(To sick the earl ; per stone of 8111.0
to i:‘
Mutton .. ..4s cd to a t. I nult ~... 5, Uki w "
Lamb 5s od to 5s 6d.
ECCLESIASTICAL
The Re,. Jas. Tomkiisson, LL.B. is unseated to the 11,cto'
of Davenham Cleshire6
Thu Bev. henry John ITt-pkins. T.A. to the united !117'3'
ties of St. 75Ltt.ri.;.2 St. `.'.try Cilendre, Winchoter.
Rev. Hubert Anstin' RA. Rector of itout,to•
wilt., to the Vic.trage ci I%!eare, Sumerset.

Misted Anti r;.l,li,hed by I.Erst
Trmitle- bas.

id dtft,..
•
;t
ilvf•to, to
IrtofJ
tt
and that
t.
Prn
Co.thg cf
a Etithij
inion
'Pm I.:0:
rn C:1",-..*
s F.e
he
14nd it...
herefore,
England •-•-.
not
n crfri
ny thing h.
hould hap
üblicat:olis
vra the
tblication
d to this
ned Lyra ,
ication
d over, Ir.:.
S ever • .
metal fact,
t some fue
in this toy
neans of „.
;ing.
ch a maids
• injurious
exercise of
reover,rel •
of that 1
ication of it
7ound—that
Court of
JA its ET
a. Sir Fla..
, and the H.
the Court
im'ty
!, t`.e ilex
!f;r,
JI: Mktg,
ras resulted
ovembei
ne?, rogue;
tato flom
ad ?fails
since nur
• were z..
: does, we'..
y calculated
Cents. 11:
ince the ar.i.
Nitit dip
Arrived tilt
the General!'
.E tv, for Cnisi.
.irrivcd the
lora, Mos%
'oolwica; ast •
killed the T• •
as; Erre it, Rm.
Caledonia, R.
for Plymeuis
sterday the t
iorions, and
sra from th.. LT-
DWI", D.11;!0. I
Jetany Bay.
ria Sophia, B"1
g been go ct•
Elam ugh
as, Aatriork
racily kat:,
at Berea &dr
l Duncan ?L.A'
ter Ostend
alai!' w::11 a •
e Lord Due,
:ket, from G.
light the Pls.
tend, with a n
'•
e s:on was ev
ket.