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

Cross-examined by Mr. Czwrnzzz.—Witness said that
at the first interview with Mr. Black, be did not recoiled
any thing being said about the seizure of the brig. It ap-
peared to witness that Mr. Black had finally stated that this
information bad been brought to them by some person re-
gularly employed, and who was in the habit of collecting
information for The Horsing CArosiek. This negotia-
tion had concluded by Mr. White saying he would take
no more trouble about it, but would look to them for
redress. _ _ _ _

Mr. Farr was the next witness. He is a Spanish mer-
chant, resident in London, and bas known the plaintiff
fiftfin years. He now and then brought bills to witness
which be discounted for him. Witness bad previously en-
tertained a good opinion of the plaintiff; but having seen
the paragraph containing this statement, he began to
have doubts about him; and on account of that very para-
graph did not like to discount any mere for him; but
when be found that the plaintiff was going to bring an
action against The Morning Chronicle, and saw that he
could clear his character, be discounted a bill for 1001.
for him.

This •:losed the case for the plaintiff.
The Sohtcrroa-Gaantaa L then addressed the Jury in
defence, contending that no malicious or libellous inten-
tion on the part of the defendants had been •shown nor
could any such intention for a moment be supposed to
have existed in the mind of either of them ; the one, Mr.
Bentley, being merely a trustee for the benefit of the fa-
mily of Mr. Perry, and the other defendant Mr. Robert-
son, being merely the printer of the paper. Neither of
them could possibly know any thief; of the truth or false-
hood of the contents of this paragraph, nor could they
be isfluenced by any sinister or improper motive for its
insertion. It bad come to them hi the regular course of
daily communication; and the hurry in which every
body knew, especially since the introduction dame mo-
dern improvements, the newspapers were sent to press,
the number of persons of necessity promiscuously em-
ployed io the extraordinary expedition that was used,
rendered it next to impossible that the nominal (be ad-
mitted they were legally responsible) conductors of a
Daily Paper could be morally responsible for the truth or
falsehood of every article of miscellaneous intelligence
which, in many cases, through accident, found its way
intotheir columns. He requested the Jury to bear TO
mind, that Mr. Black was not identified with the de-
fendants in the neglect which the plaintiff complained of
baying experienced in his interview with that gentleman,
If the plaintiff had denied the insertion of any thing in
the shape of contradiction to the article complained of,
by way of repelling what be considered an unfounded
imputation on his character, and the defendants had re-
fused insertion to such a qualification of tie libel, the
case would, indeed, have worn a very different com-
plexion. Did the plaintiff seek, by bringing this action,
to make money of lois character, while he claimed the
distinguished place in society of a British merchant or
broker of high respectability? Such could not fora
moment be supposed his object, for it was incompatible
with the honour of the commercial character. All that
he could, as a man of honour, desire, was the vindication
of his character, which woclil be satisfactorily attained
by a verdict for nominal damages; and this not being
of that species of wanton and malevolent attack upon pri-
vate character which his Learned Friend had spoken of
such, he trusted, would be the ter ict which the Jury
would give. He should call no witnesses, but leave the
case with them as it stood.
The LORD CHIRP JUSTICR, addressing the Jury, ob•
served, that, among the topics introduced to them by the
Solicitor-General, one which be seemed particularly de-
s rous of urging was, that Mr. Bentley was not to be
considered a proprietor of The Morning Chronicle, his
name bring entered as such solely because lie was Trus-
tee for the f,rnily of the late Mr. Perry. It had not,
however, been put in proof that he had uo interest of
" •”" h. at,. P.,•r•OY : nor, while he lent Iris name to
the publication, could the circumstance of his being
merely a trustee, be taken as an answer to an action
brought by a party aggrieved for compensation for an
irjary done to private character. The Jury might take
it for granted, and indeed there could be no doubt of the
fact, that the defendants entertained DO malice of any
It' not towards the plaintiff. But the ease stood, by cons-
pat ison, thus :—h-re was a person discharging tire-arms
•at a crowd of people, careless of whom it may strike ; was
it to be said to the person wounded by.a missile so dis-
charged that the author of the mischief was the less
answerable in damages, because he did not aim at him?
'lke imputation conveyed in the paragraph in question,
was on- of a most injurious nature to the character of
any individual to whom it might be supposed to apply;
and although it had been coupled only with the general
term, " a broker," yet those who knew the plaintiff could,
from the circumstances with which it was connected, ap-
ply it to no other person but him. Thus had a mischiev-
o vs direction been given In the paragraph to a statement
of a circumstance founded only on general rumour. It
was admitted, that under all the circumstances, a verdict
must p...g for the p'aintilf, and the July would say what
amount of damages ought to be given.
The Jury. without hesitation, found for the plaintiff—
Damages 30W.
• (For Remainder of Law see last page.)

•The Menitaw of Thursday publishes s Royal Orden-
Nance, creating Mr. de Martignac on his •..tuto from
Spain' a Minister of State, as a reward for the manner in
which he fulfilled Isis mission. The mature of this mis-
sion is still a mystery, for the only explanation given re-
lates to its termination, and is to be found in a private
letter from Mr. de Martigoac to the Madrid Regency, io
which lie says that his mission was only to last " till the
moment when Spain, replaced under legitimate authority
governed by its King, or in the name of its King,
should be reconciled with Europe, and see re-established
those diplomatic relations which revolutionary fury had
interrupted." " The moment," he adds, "is come, and
the Ambassador of the King of France is arrived in this
capital (Madrid), where are already assembled the En-
vois of mini august Sovereigns."
Fu,:cn FUNDS, JULY 11.—Fly. per Cents. opened at
90f. 63r. ; highest, 90f. 80e. ; lowest, 90f. 93e. ; closed et
90f. 80c.—Neapolitan 6 per Cents., 781.—Ezehange on Lon.
don, one month, 261. 70e. ; three months, 261.80 c.

MM. DIA.
.....Dublis 0
2.'...Waterford...• • I
0....13 ezieney 0
o....Lisbots 0
o....Gottenburg. • 2

ARR. sup.
O...HOUpi
0
1.... Frain, i
0 ...Flanders 1
0... •Malta .O