The Statesman.
London, England, 1823-12-06 00:00:00

't MT AVOW&

SHIPPING INTELLIGENCE.
.....,mein......

DEAL, December 5.--Wind nearly calm.—The An eus
Raker ; Julius, Jackson ; and .Active, Moore ; are gone to
Ramsgate.—The Somersetshire, Palmyra, London, and Sorry,
are not In th• Downs, supposed to have been blown jute the
North Ses.—The Venilia, and Wm. Bryan, were sit well at
noon, and remain with the rest of the outward hound.

PORTSMOUTH, December b.—Wind B..sterly.—No aril*
vale or saltines.
FALMOUTH. December 4.—Wind variable.--The schooner
Venus. White, put into this Port yesterday from Penzance,
bound to Leghorn, after bt log as far as Cape Fit.isterre in a
squall from %Vest, last night parted both cables and drove on
Trefusis Point, where she lost her rudde,, but afterwards got
off, and drifted on the rocks, near St. Maws, where she now
lies ; her cargo is discharging.
Dom-nests, December 4.—Wind W.N.W. blowing a hard
gale.—The brig Lord Middleton, Thomson, from St. Andrew's
New Brunswick, to Liverpool, drove on shore to leeward of
this harbour last night. is bilged, and not likely to be got off.
As soon-as day light brought to view the unfortunate vessel,
and the perilous situation of all on board, (no life boat in the
place) 4 boats put out with the view of saving the lives of the
crew, hut the sea ran so high alongside that only one boat,
being a six oared boat, kindly sent by the officers of the Cus-
toms, got alongside, and brought on shore the whole crew, 14
in number.

The ]ttergn►es of Huntly. TiIOASOTI. from St. John's, !cow
Brunswick, was driven on shore on the Mouse Sand, on 3d
instant.

The Union. Peon, was lost oil Wedneadayaight oe the Nor*
Bank near Liverpool, she was from Miramiebi.
The John. Reid. from Liverpool to Havanna, and Eliza.
Plummer, from Liverpool to Jamaica, are lost in Bootle
Bev.
The Ellison. Yule, front !Hiram!chi, Is 'oat near Crosby.
NORTH SHIELDS, December 4.—Arrived his Majesty's ship
Redwing.

MIDDLESEX SESSIONS—(Tins DAT).

William Ben&ow was put upon his trial on an indictment
charring him with hating published, in a paitiphlct, a
wicked and malicious libel on William Carmichael Smith,
Esq. of Shane Street.
Mr. ADOLPNUA conducted the prosecution, and Mr.
Coorca thedefence. •

Mr. ti DOLPH us after addressing the Jury at treat length,
read the libel, commenting on the evil it had done his
cliental he proceeded. The libel was headed " This Crimes
and Horrors of Kelly-house Lunatic Asylum." The
Learned Counsel having gone through the pamphlet,
observed, that the ground of this libel was, that Mr.
Smith had occasion to cause his wife to he confined in a
private madhouse. If he had done so unlawfully, Mrs.
Smith had her remedy by law, but his client was not to be se-
questered front society,and held up toils ridicule by anypaltry
wretch who chose to vilify him by his malicious writings,
which are published inicheap pamphlets, and placarded at
every small bookseller's shop in the metropolis. The li•
hence, he would venture to siy, would not dare to avow
himself in Court the writer: and the only remedy his
client had, was to proceed against the publisher, who bad
taken his character away by his publication, and he there-
fore had no other redress than the verdict of the Jury.—
The learned coonsel then called his witnesses.

Mr George Fry, clerk to Mr. Murray, Solicitor to Mr.
Smith deposed that on a day mentioned he purchased at
the defendant's shop in Castle Street, Leicester Square, a
pamphlet called the • Crimes and Horrors of Kelly House."
The defendant served himself, he took the Pamphlet from
a pile, at the time there wet* posting bias stock up in the
defendant's shop.. He bad also seen some placards stuck
op in the shop, since this indictment had been preferred..
(Here the Pamphlet and Bills were pot is tired read.)
The CeAllatAN gaol Mr. Allelphum )00110,11146
.prodbctifs situ WI elide*/ •
Mr. Anot.rutts said that he did it with 11
view to skew the methods that bad been taken to censtub
his client's character. _ _

CM &IRMA N.—Witness, how did you procure this bill?
Witness-1 obtained it from 51r. hlurray's office.
CHAIRMAN.—How can you put this In evidence Mr.
Adolphus?
Mr. ADOLPHUS—The one now produced he had from
Mr. Murray, and was compared with one stack ap to
Benbow's shop, and found to be a literal copy.
• CHAIRMAN.—That will do.

Cross-examined by Ma. COOPER for the defendant:—[s
clerk to Mr. Murray, who is the man employed as solicitor
to the Constitutional Association. • I belies he received
the printed bill from Mr. Smith himself. Mr. Smith was
his master's client, and not the Doctor's who keeps the
madhouse.

Mr. P.OWARD POLLARD proved that Mr. Smith was one
of the Paymasters of the Exchequer bills.
This was the case for the prosecution.
Mr. COMM addressed the Jury on the part of the defend-
ant. He observed that his friend, Mr. Adolphus, had
laboured this case in a most extraordinary manner, yet he
had abstained from attempting to disprove any of the state-
meets contained in the alleged libel. He dared not do it.
If be had attempted, he would have compelled him to have
stated that which would have proved to the utter
discomfiture of both his Learned Friend and
his client. Every sentence in the pamphlet is true,
as true as Holy Writ, If his client bad published
the libel (allowing it to be so) without any
malicious intent, it is not a • libel. Whether it was malici-
ously published, the Jury would feel, before they returned
their verdict. if in their own minds they did not feel that
he published it with a malicious intent, his client would be
ent►tled to their acquittal. He was not allowed to call in
witnesses in this ease; would to God he could! He could ask
who isthe prosecutor. Mr.Sinith's wife? No. Wbo is the
informer?—There are not two Mr. Merr•v's in the world.

Is the prosecution carried on by any of the Crown Others'?
No.—Thepamphlet was headed "Toe Crimes and Horrors
of Kelly House." Mr. Smith was not the subject of the charge
In the pampblet,he was only one of the accidence in it.Havlog
occupied so much of the time of the Court, the Learned Conn-
'eel said hp would not say more, but leave his clients in the
hands of the Jury.
The Clumsy+ summed op the evidence, and the Jury ac-
quitted the defendant immediately.

Fr His Majesty's free pardon came down to Newgate on
Thursday for William Basalt Dyson, who was tried for the
murder of Elise Anthony, in September Sessions.
CONTRABAND TRADB•••-•OD Monday, a fine smack
called the Lively, .1. Burrough,s master, came into Dover
harbour with a cargo of oysters, when, as ill luck would
have it, some of the Revenue Officers, whose nose in these
matters is paetty good, went on board for the purpose of
fishing for pearls, but before they left the smack contrived
to find 8 bales, consisting of 284 pieces of klandana hand-
kerchiefs, concealed under the oyeaters, of which, and the
vessel, they made seizure.—(feeneish Chron.)
On Saturday evening last, a French sinuegling lugger
worked a part of her cargo shout 6tl ~tubs of contraband
spirits>at this country, when six men, who assisted in the
working, wrre captured. On Sunday morning, during the
tempestuous gale, she attempted to clear Deadly Head,
when two of ber crew (Frenchmen) were washed over
hoard, and the boat driven into Cucleasere.—(Brighton
Herald.)

On Sunday night, a boat with 158 tubs of spirits, 60
(14 es of silk, aid 49 dozen of cambric handkerchiefs,
we.; captured by the Revenue Officers at Felpham, and the
.ods deposited in the Custom House stores, at Aru
The pest r part,bowever, of the cargo of tba boat had been
previously landed and got off. Seven of the smugglers
were 'skin., five of whom were committed by t►e Bench of
Magistrates at Amadei to Horsham Gaol.—(laid)