The Statesman.
London, England, 1821-09-20 00:00:00

Mosul John Evans was brought up from gaol to
receive judgment for this libel, •f which be was zoo-
vieted at the last Assizes.

Mr. Justice iIaTLIET—Is there sone to pray judg-
ment ? Thea I shall pass a nominal fiae. This is not;
treating this Court with proper respect.
Mr. 0111WAJLP MILNE came into CAW% and statedl
that Mr. Sergesat Cross tau engaged is the ether
Court. bet that Mr. Ashworth was also amassel for the
prosecution.
Mr. ASHWORTH pat in an affidavit from Messrs.
Hay, Norris. Myers, and Mine, which was 'Fad. It
stated. that no memorabdem had been banded by Mr.
Myers, foreman of the Grand Jary, to Mr. Norris, on
the subject of the bill against Evans, and that do con-
versation had taken place between Mr. Hay and Mr.
Norris on the sabject. The foreman bad said some-
thing to Mr. Norris respecting alterations is the Wand
Jury room.
The affidavit of William Dugdale, short-band-writer,
stated, that while be was reporting for the Maachester
Observer in the New Bailey Court, the foreman came
into Court with some bills, and was heard to say to
Mr. Norris, who was the Magistrate next him, 6. In
finding the bill against Evans we have acted upon—"
The deponent beard no more of the sentence, but be
sew Mr. Norris go to Mr. Hay and whispt r something
to him.

Mr. Evans put in an affidavit of his own, which
stated that Mr. Dagdale had represented the above cir-
enmstasees to him.

In the eoirse of the presenting of the affidavits, his
Lordship remarked. •• I ►ave read the affidavits on
both sides. There seems to me to have been a great
mistake."

Mr. Jostles BATLZINIff. Ems, do you wisb to
say any thing?

Mr. Evans (standing up in the felons' dock) My
Lord, I wish to know the opinion upon the point re-
served for the Judges.
Mr. Justice BATLIT.--They were all of opinion that
the variance was not fatal, and that the conviction was
right. I laid a written cue before them, and en the
day when we met for suit purposes, the fallen consi-
deration was given to it.
Mr. Evans.—ln the present case my observations to
your Lordship will be very few. It appears that the
facts are positively denied by the parties, who were
described by me to have acted is a certain manner. If
the statement was not true, I was led to believe it by
eircninstaaces which I could not avoid. It is impossi-
ble for editors of newspapers to see with their own
eyes, or bur with their own ears, facts and ob+serva•
does which it is their duty to lay before the public. I
employed a person whom I believed to act. If I have
been deceived, it was impossible for me to avoid the
deception. I did not apply to others, because such
applications would open the door Si controversies,
which mast be endless and unsatisfactory. I know
that I cannot justify the libel perfectly, bat I hope
your Lordship will not pus such a judgment as if my
intention were to injure the parties. I cannot help
alluding to one passage in the affidavit on the other
side. Mr. Norris says, that be was not aware of any
charge baviug bees then presented against me. Bat
I had been previously held to bail by him.
Mr. Justice BATLET.—That was a different charge.
Mr. Evans.—My lord, it is not material.
Mr. AIIIIWOUTIi addressed his lordship is aggrava-
tion. The affidavits are before your Lordship. and
yea will deal with the defendant as the justice of the
case requires. The defendant has stated that be was
obliged to trust to the information of ethers, and wishes
that, if he was deceived, it may not be imputed to Liss
as as intestiesal misreprisestatioa. But in the libel
itself It is Its* dug sari Mart.—