The Statesman.
London, England, 1823-07-14 00:00:00

PRICE SETZPi 'PENCE.

COURT OF KINO'S -BENCH; •igIAT 126

Utah; Adjourned Sittings after Trinity. Ter
. kjoal
the LORD CHIRP JUSTICIL and 418PICIALJURY.

WHITE V. BENTLEY AND •NOTHIM.
This was en action for an alleged libel published in
The Morning Chronicle.
Iplr. SCARLIETT (with whom was Mr. F. Pollock> ad-
dressed the Jury for the plaintiff, whom be stated to be
a broker, of strict probity and honour, who was one of •
the fist engaged in coaductiog the trade of this country
to South America after the revoluticm inthat quarter of the
woad. lie had brought this action against the defend.
dints, proprietors of The Morning Chronicle, to recover
ra cOuspensation in damages for a libel on his character.
which had been published in that Jouroal. The libel of
which be complained appeared in the form of a para-
graph, in the paper of Wednesday, the 4th of Sep.
ember, 1822, which • was as folio ss :—" A broker
who has long resided in London. went out some time
'since to Maranhao), in a brig, with liberty to touch
,at Pernambuco, carrying with him a considerable quan-
tity of false and fabricated silver and copper coin, ma-
nufactured at Birmingham. On his arrival at Maw.-
ham, he paid this money into the bands of the Sout,t
American treasurer, who began to distrittnte it as pa;
to the troops. They went to Market, with what was is.
sued to them as their pay; but, the frond being dis-
covered, the market people refused to supply them witlo
provisions, so that it would nut pass. The treasurer
being arrested, was sentenced to undergo severe punish-
ment. The brig was detained, but the broker made his
escape. These frauds and forgeries hating been prac-
tised largely all' over the free Governments of South
America, they will now be upon their guard against
otheenumerons frauds practised upon the friends of free-
dom in that country." In speaking of the great publid
advantages of a free press, he (Mr. Srarlett) Mould
have ebstained, during the life of Mr. Perry, the late
Proprietor of 774 e Morning Chronicle, from the tribute
be was now about to psy to his memory, because he
would not be thought to court the favour of the press.—•
Now, however, that the worthy individual whom be
had named, was no more, he had no such feelings to
restrain him, ,and he would say that a man more ili.-
tinguished for candour and liberality new. r 1134, ant
in all probability never would be found conduciinz
the free press of this country. p tender was he in liii
treatment of private character, so anxious to prevent tie
injurious operation of reflections unjus:ly east upon via
reputation of any person, that in every instance of com-
plaints being maitle,he showed the utmost solicitude to af-
ford prompt relief to the feelings of the individuals,by the
most liberal and gentlemanly apology that could be made.
lint, how different was the conduct a the present con-
ductors of that Journal? When the plal:: ilf in this cast,
went to complain of the libel in-question, accompanied by
his friend, Mr. Lancaster, and desired to be informeil
who was the author, the answer he received was not " how
.shall we remedy the wrong that has been done you
but. "we shall not tell." And'oa his representation anti
that of his friend, that the statement which had beets
made was false, and that they would undertake to •tieot
that it was se, the only "reply they could get was,
"then you have your remedy." Thus no resource was
lea him to rescue his character from total ruin, but by.
bringing this action. He (Mr. S.) was ready to admit
that the publisher might not be actuated by the same
malicious motive as the inventor of a malignant slander;
but this he would say: that by much the greater mischief
was done by the publisher. The freedom of the press,
in the hands of liberal and discreet conductors, was cal-
culated to promote the greatest good, and to produce the
most beneficial effects upon the morals, es well as the
other interests of nations; but if improperly directed.
no engine could be invented more calamitously mischiev-
ous in its operation, particularly when employed for the
purpose of diffusing libellous slanders for the destruction
of private character. The Jury, therefore, would see the
necessity of curbing its licentiousness, by holding a se.
vere hand, and exercising a strong and vigilant controul
over so dangerous an engine.
The first witness called was Mr. Daniel Ellis, front the
Stamp Office; *lto produced the certificate signed by Mr.
David Rubertscin, as printer, and James Perry, Esq. as
proprietor of The Morning Chronicle.-1t was then ad•
witted that Mr. Bentley was the present proprietor, and.
Mr. Robertson printer and publisher of the paper.
Capt. John Strange was then sworn.—He sailed on
the voyage in question; in command of the brig Britan•
nia, to South America. The plaintiff had property on
board the vessel on the voyage in question, amounting to
from 3 to 40001. There was no foundation whatever in
fact for the libel.

Cross-examined by the Solicitor-General.—The vessel
was detained two day at Maranham, owing to the deli-
very of the wtoag papers; with the ship's register, by
the wlthesi.
Re-examined.—There was act truth in tLe statement of
the plaintiff having taken out false coin.
Mr. Bennet, Secretary to Lloyd's, deposed that he
knew the plaintiff, and the connection of the latter with.
the blaranhawa trade, and that the libel applied to no other
person.
Mr. Norton Latteaster; one of the Committee at Lloyd's,
deposed that he was pr.sent when the paragraph contain-.
ing the libel was read to the Committee. Witness said.
immediately, I.e knew that it applied to the plaintiff, but
that he was confident there was no truth in it. Ile went
to The Aleraiag Chroxide Office several times %Ha this
Plaintiff. aml saw Mr. Black, the Editor, who said 1.. e tact
it from a respectable mercantile houe in che City.
and asked Mr. W bite if it ass not true that had some 1334
,naoriey in the bags that Lb took out with him ?The plaintiff
answered Wit he bad not sleti the ontents, but
they were inspected by the proper Officer 3 orZ'os Customs.
The plaintiff denied uie truth of the statement, toil repro.
seated 0 Mr. Black the serious injury which such an impu-
tation as this libel contained would do him, as lie had at tiro
time a vessel going out to filmth America w•th a cargo of
the value of 30001 and had besides S or 40.0. more o'
property there, which he was about to bring home. /' •
Black then asked if I. was not true that there was soy .ir.
uni:woual.t,e.d
hivetitioe ..te manuscript,
mur about the copper, If not about the silver ? Ti' ..e de.
plaintiff answered—nut that he had ever heard. , this the
Ulf then asked Mr. Black to let him see P Tile plain-
Wald he said he could not do, as it waste
of a person belonging to the office, 1. -, the band-writing
.1 did call accw4ingiy,
they should call the next day. The - • was then agreed Met
~.ior-._enui....i lot g've up thu ali-
ned Mr. Sleek then told them is•
of the respectable pier-
thor, without the express au
:and ... yes derive!, al it alit
~,a.ritnygwtittitai;
Ghent front whom the law ,„,„ti,,IIT
gratui.:,n
geitrweecutpotir cli
out such authoritye°lnin
, Chanel of lafr 1 a;atio.•
. altogether. The plaintiff then be-
=Din. and a'.ewed some resentment. The negortation
, .ied in it bel..g agreed that Mr. Black should meet
2.'e plaindit op the Royal Exchange, when the paragra;.h
abould be read over to the must respectable mer.thants there,
who would drnv
plalutiff. Mr

itrzeri ! to
" No, Sir."
" Bir.iiiitithant.
Air. Hiacc -

einorhem or

bail iuo ,ey

--•• • ••••V••• 111C1 C.
I deny the truth of the charge imputed to tie
Mr. Bleak Ihep asked if ttu vessel had not been
which the plaint-If replied. with some ',Ansel.
It was tbea observed by witness that tee word
tam," was the very pith of the 1:11•1, to which
answered, that whether manufactured at Ba-
r New Zealand was quits immaterial, so long as
had been' bund in tue bags taloa oat by taw
•
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