The Statesman.
London, England, 1818-08-08 00:00:00

CORNWALL ASSIZES.

These Assizes commenced on Teesday. The
Judges, who had opened their Commissions before
the High Sheriff on the preceding day, attended Di•
vine Service in the morning, and proceeded after.
wards to Court. Mr. Justice PALM took the Crown
side, which was remarkably light, the Calendar itself
denoting no offence of a very atrocious kind.

NIRI PRIUS.
711 E KING V. MARY ANN TUCKER.

This was an indictment against the Defendant for a
libel published in a Country Newspaper, called The
West Briton, and Cornwall Advertiser, upon the
Plaintiff, Mr. It. Gurney, the younger, Vice-War-
den of the Statutory Court itt the County of Devon.
The cause was no sooner called than the Lady ap.
peered in Court as her own advocate, and was ac-
commodated
_at the Barristers' table. The pleadings
were opened by Mr. WILD.
Mr. Serjeant PELL then stated the case, which,
he observed, consisted chiefly in a charge made
against the Plaintiff, of malversation in the discharge
of a public office. lie could not bring the merits of
the question, which the Jury was now about to try,
more shortly under their review, than by reading
the libel itself, as it appeared in a Public Journal.—
It was addressed, in the form of a letter, to the Edi.
for of the West Briton, and was in substance as
follows -: . .

- -
1‘ SlR,—The fact which I ant about to communicate may.
perhaps, appear more singular than important. although in times
less calamitous then the present. the statement of any circum-
stave, illustrative of the Boroughatongering System, now uni-
versally execrated. must of itself excite an interest. it is some-
thing new in the history of this country that it :-hould possess an
outlawed Judge. It might be called an instance unparalleled in
the annals of Europe, if a case had not recently occurred nt
Vienna, of a Magistrate and Minister of Justice bring sentenced
to the punishment of sweeping the streets. A Gentleman of the
name of Tumble was some time past removed from the office of
Vice-Warden of the Stannary Court, in order to make room for
Mr. R. Gurney. son of the Rev. R. Gurney, of Electioneering
notoriety. This last Gentleman. not perfectly satisfied with
two ena-iderable benefices, time reward of former services, on
procuring this situation fur his son, obtained at the same time a
promise, that the salary should he octupled, a promise which,
to the honour of the patron, has not been fulfilled. Noon after
th s promotion of Mr. Gurney the younger, is unfortunately
happened that he was obliged to leave the county in which be
had been appointed HP exercise judicial functions, and this ne-
cessity arose from pecuniary embarrassments. In conse-
quence of this absence, a petition was presented to the Lord
Warden, complaining of the neglect and delay of Justice, oc-
casioned by this conduct, and desiring the apponansent of a new
Vice-Warden, but no notice was taken of this representation.
After this statement, it may be matter of wonder that he should
still retain his place and the fart can only be traced to the fa-
mous Horoughmongering Systeni,aod to political motives. Lord
Yarmouth has lately purchased largelyinthelsorough offregony,
wi.b a view of opposing the interest of the Earl of Darlington.
tinder this protection Mr. Gamey found it convenient in go to
the Continent, and was twice outlawed in the market places of
Plymouth and Dock, which outlawry has not been reversed.—
Instead of attending his Court, be was therefore obliged to
secrete himself. Now, Sir, after this statement. no one can be
at a toss to conjecture what are the motives which operate in
retaining this man in a situation the duties of which he is enable
to discharge. I forbear oceopying too large a portion of your
valuable sad patriotic Paper, or I could mention many anecdotes
showing bow Mr. It. Gurney and his son bare profited in the
school of corruption. I shall only add, that be demanded vari-
ous sums of money from the suitors over and above the fees of
Court, in the only two causes which heever decided-, viz. Lopes
u. Doubtfrre, and Whitehair v. Webb.—l am. Sir,
" AN ENEMY TO CORRUPTION."
It was impossible, he apprehended, that • more in-
jorious or scandalous libel could be published against
the character of any man. He should be able to
prove the publication, not merely in the usual way,
hut by means of a subsequent letter addressed to the
Editor, in which the libellous matter was distinctly
acknowledged. The brother of the Defendant had
been Secretary to the Vice-Warden, and upon his
information she had ventured to charge Mr. Gurney
with bribery and corruption; and with the specific
act of extorting 20 guineas from the parties in a
cause which he refused to decide till the sum in ques-
tion was paid. The worst part of the libel it-still
remained for him to state. It was contained in •
subsequent letter, and must fill every well-regulated
•
aund with a sensation of disgust. The Defendant

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&might proper to instruct the- lidkiii.thwt Mr. Gurd
icy had been outlawed, that- this osilaWry had not
been reverend; ind that he was intipablo of bringing
en action. He was Betty to see a lady of an ender-
, Standing Ind &lents so conepicenes in the situation
of the present Defendant t hit he felt Mittel? bottrid
to lay, (lilt no standertir had ever rimed I dor. deo&
ly blow at the reputation and character of a Gentle-
MP. The Defdiodibt, he unaetstood, *eta be her
b*o adiocate, and wit. wolfish of rid ordinary ult-
derstending. lie tit' .to lament thit the did not
make a better• use t:tlf;tll faculties with Odds Proo
vidence het i been plea )
.to gift het; it was net Sod
lir
late to make atond pt; although that etnnentnat
meat follow a terdia • folksy. He Would not di, tit
with any peculiar emphasis opott the nature of 4
Newspaper pablicatlon; beCaute Ti. thotight such
publications most helpottalit end benPficlal to totdety i
bat he would state, that hi his opinion the serest mane
of preserving thit invaluable blessing Was; the the
freedom which k involved should not he abused:

Mr. E.'lludd, the Editor of the firest Briton, *se
then called, and deposed that the Defendant bid in
conversation acknowtledged the original Iteterneot to
be her own. He received it by the Post; bet had
subsequently seen her, audits talking upon the sub.
jest she bad admitted the former *rid,* to he bet
own. It bad been submitted to him with t &acre.
tionary power of altering or omitting such piXiages
as be mien deem iiiat for plantation, andlin had
accordingly made considerable alteration•: HE had
certainly received a pledge from Captain Weoiridgei
of the Navy, the brother.in.law of the Defendant,
that no prosecution should be instituted for any let•
ter, except that which was printed in the West Briton.
The lady now rose, observing, that she stood
there with reverence, but without fear. free►t in.
deed, was the inseparable concomitant of guilt; and
of any offence in a morel view her conscience entire•

ly acquitted her. She did not appear there person.
ally from any feeling of presumption, but from bee
inability to procure Counsel. That itsabtfltt wig
caused by a debt due to her brother; whist the Plaid.
tiff refused to pay, and her own disinclination to ed.
croach on the coniforts of a widowed parent. She
might be indiscreet, but she was ndt cense-lost of
criminality. It was the first time chit she had evet
entered a Court of Justice, and no person cnold
entertain a deeper sense than herself of the excel-
lence of that enlightened system of jurisprudence
which was established in this country. The Prime•
tutor would, however, derive his chief advantage
from her ignorance of the law, for sire coild treat
take the plain and simple ground of denying 'the
falsehood and malice charged in tire indictmetif.—
With the permission of the C..ort she wduld COW
read a passage from Lord Ellenborough's address le
the Jury on the trial of William Cobhett. (lore
the Lady read an extract from the reported speech of
the Chief Justice, touching the licence of discussing
the character and conduct of men in public offices.)
The main point on which she rested her defehee was,
that Mr. Gurney was a public officer, and that she,
and every other subject, were entitled to examine
his conduct in that capacity. She was fully prepared
to prove the truth of every ttatetheat contained in tint
published letter.
Mr. Justice Butteouon-,—That the law of the lied

does not allow you to do.
The Defendant proceeded, expressing a hope that
she might at least be allowed to prove that the pub&
cation in question was no libel. The Jury, she
trusted, would not be induced by any legal sophis•
try, to sanction a principle equally adverse to
religion and to morals--that truth could be a
libel. It was the doctrine not of the law, bet of the
abettors of tyranny, ever vigilant to enslave mane
kind. Vengeance, not the vindication of character,
was the unworthy and unmanly motive of the Pro.
secutor. Had be been actuated by a better feeling,
he would hive brought his action, in which as a law.
yer he must have known, that evidence might be
produced with regard to every fact stated in the peb.
lication. Ile had, however, adopted the cowardly
resource of indicting a female fur an act tending to a
breach of the peace • he himself having, not long
since, been sentenced to six months' imprisonment
by the Court of King's Bench, for a positive breath,
of the peace in horse.w hipping the present Solicitor.
General. The statement which she had sent to the
Editor of the Weal Briton referred wholly to the
official and public conduct of the Prosecutor; and
with great submission to the Court, she apprehended
that the conduct of every person in a public station
was open to public eaamination. This position, as
she had before stated, she had the authority of Lord
Ellenboroegh in maintaining.
Mr. Justice BURlloocll.—Lord EllenbOrneghne-
, Ter could talk such nonsense, or assert that a man
in a judicial office, may be charged with bribery and
corruption by any person who thinks proper to
publish such a statement to the world. I am sorry
to see you transgressing the law at every step, from
a false notion of moral right. Many Gentlemen at
this Bar, would have been happy to assist you, and
would, I tm sore, have advised a very different sort
of defence.
Miss Thom, continued, and begged leave to read
a clause of the Act of the 32d of George the Third,
by which the Jury, in a case of libel, are empowered
to give a verdict on the whole matter, and on the
general issue of guilty or not guilty.
Mr. Justice BunßOUGH.—This Act was never con-
strued to enable • Defendant, upon an indictment,
to justify by proving the troth of the libel.
Miss Tucaea proceeded, and remarked, that the
essence of the indictment consisted in the evil tenden-
cy of the publication. This tendency she was pre-
, pared to show was good, and would contend that re•
sentment might nun without malice. The celebrated
Mr. Locke bad quoted an expression from Sr. Pail
to this effeet." Be ye angry, bet sin not." If the
law of libel really was what she had heard it inter-
preted to be, a new system of ethics ought to be pre.
fixed to it. No lawyer or legislator could intend to
punish where there was no malicious motive or in.
tensional provocation. The falsehood and malignity
were all on the other side; and she hoped no legal
sophistry would induce the Jury to Convict her of an
offence where her object was meritorious.
Mr. Yowler Buanotion then charged the Jury,
expressing his decided opinien that the.poblication
question was libelloos in the highest degree.
The Jury retired
of Not Git
foruatim; a
t halftthe
ee
uhdogeur,
lodgings.an l e
s
Tereda verdict