The Statesman.
London, England, 1823-10-31 00:00:00

STATESMAN.

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COURT OF KlN'i'S }ANGEL—Oct'. 30.
LIBEL ON THE KING.
Tito [tsar v. te. W. 11•1111.11111 T AND •NOTNEN.
This criminal information against the Sendai Timm for
a libel on his Majesty, being fixed for trial this morning,
before a Special Jury, the Court in the Guildhall of the
City of London was opened. at an unusually early hour.
By nine o'clock, the most prominent places were taken.
11r. Maule the Treasnry Solicitor, and the Stamp Oifiee
Solicitor, took their places at the table; and soon
afterwards Mr. D. IV. Harvey entered !It! Court, and took
his seat among the Counsel, on the row behind the bar.
Mr. Harvey. it may be remembered, is a student within the
bar; while in Parliament, as Member for Colchester, he
completed his "terms ;" but on application to the Benchers
of Lincoln's lon, of which Society he entered as a Stadent,
to he "cane]," his request was not complied with. The
Lord Mayor, the Lady Alayoress, Btc. were on the Bench,
also Baron de Steel and Lord Nugent.
At half-past nine o'clock, the Chief Justice ABBOTT en-
tered the Court, and took his seat.
The names of the Special Jurymen in "The King v.
Harvey and another," were called over, and the following
Gentlemen answered:—

J. N. Hanson, Jlerchant, 13. Sykes, ditto, It. Sharpe,
ditto, J. Cecil, ditto, W. Allicriglit, ditto, D. B4rnwell,
ditto, A. Bal!mann*, ditto. _ _

Seven Gentlemen appearing en the Special Jury, the
ATTORNIT tiaY[RaL preyed a tales.
The following Common Jurymen answered to their
names:—

James Carpenter, O. W. Cook, E. W. Jackson, T. Sinai!.
piece, John Hill.
These twelve having been sworn,
Mr. SHEPHERD, jun. opened the case with stating, that it
was a criminal information for malicious libel on the King,
ice. The defendants had pleaded "Not Gal Ity."
The ATTORNEY GENERAL then addressed the Jury,
stating, that in the discharge of his puhiic duty he had
deemed it right to institute this proceeding. When they I
came to hear the libel, they would agree with him that it
was not written in the fair pursuit of public discossion,
the proper and seemly investigation of public measures, c
and the acts of public men. 'lbis libel was of no ancli
Character. It insinuated, or rather directly stated, that
early in the present year his Majesty wis afflicted with
mental derangement. The mischievous character of such
pablitation woad' be obvious to all. Tory would recollect
that his Majesty was indisposed early in the present year;
awl at that period the pablication appeared in the share,
not aof a paragraph, hut as the leading article in the Suaday
ii,oca. It stated that the King's sickness was of an
" alarming'' nature; that it woul hr some time before his
al ,jes•y's" seat" of cotnelai or would enable the Physicians
to declare the Rayel Patient in a state of convalearence;
anal that let other. say what they pleased, the writer deemed
it to be lila duty to expiates the fear that his Majesty's com-
p! ciut was `• hereditary."—'fliove particular words were
printed in italics, and their meaning could nut be doubtful.
The Arroategv-GeNsaa 1, read the whole of the libel,
as set forth in the following count of the indictment:—
" The. King (nieamiug our said Lord the King) —Attached
as we sincerely and lawfully are to every interest connected
with the Sovereign (meaning our sai f Lord the King), or
any of his illustrious relatives, it is with the deepest concern
that we have to state that the malady tin ler which his
Majesty (meaning our said Lord now the King), labours, is
of an alarming description. It is from authority we speak,
when with sorrow we inform oar readers (a. we think it,
our duty to do), that the King (meaning our said Lord the
king), nut only still continues to he confined to his I
chamber, but that the symptoms of his iliaortier are of I
too serious a nature to admit of his medit•al 'attendants
being able to say when their Royal 11.itient (weaning our
said L cr.l the King), will lie sadiciently recovered to show
himself to his anxious and afflicted sithjeet,„ Dr.
Knighton, his Majesty's (meaning oar said Lord the
King's) irivate Secretary, anal Domestic l'oysician, is in
couataut atten•lance, scar, vie ever out of the chamber i
which the King (meaning our said Lord the King) is con-
fitted, and never farther from tier s..enat of sickness than the
adjoining room. The persons about his Majesty (meaning
our said Lord the Eine), foreseeing that too probably it will
he a considerable time before the seat of his complaint
will be in a state sufficiently cony descent to render it ad •
visable that he should quit the Pavilion, have, in order; to
ease the apprehensions of the piddle, circulated the report
teat pl asure and co nfort, nut any afflicting necessity,!
will induce any protracted stay at lit igleatu. But far from
approving this decepiiuus kind of policy, which only
ensures a inure violent shock, whetter-r the real truth of
the case shall appear, we deem it much the wiser way to use I
on such unhappy occasions the language of fact and rte.:
therefore we are as desirous of coiniminicating, as
others are of concealing, the melancholy truth that the
King's (meaning our said Lard the King's) disorder is, it
is feared, of an hereditary ales( ription—tioat his Majesty
(meaning our said Lord the Nina), has had too many mill-
ifortunes praying upon his benevolent mind—the loss of a
daughter and a consort equally dear to hint, such of a
royal brother, whose political principles lie loved ; besides
the.excruciating sufferings of his Agricultural subjects, so
sincerely deplored in his late most gracious speech; and
the dangers in which the liberty of Aim Spaniards are
placed by Bourbon pride and Gothic ferocity ; that these I
, and other weighty concerns have oppressed his paternal
' feelings, and borne hart' on his superior intellects, we have
too much reason to fear.—But if Divine Providence has
ordained that mental afflictions shall be no less transmissi-
! hie than the virtues of the heart, and the best of Princes
(meaning our said Lord the King), should, by their long
protraction, or the reiierated retui tes of his present unfor-
tunate morbosity, furnish another example of the !menta-
-1
ble fact (which Heaven in its goodness avert), still one re-
course will remain to his Majesty (meaning our said Lord
the King) the prayers of a dutiful, loving, and loyal
people; and seldom, very seldom, has !leaven been deaf to
the orisous of nations when offered in behalf of wise and
gracious Kiogs."
That the libel insinuated mental insanity, against the
individual on the Throne, he thought the July could not for
alma:tent doubt; and was it not calculated to produce most
mischievous effects, on the public mind? It was not public
diecuesiou; it was not the investigation of public measures ;
it declared, neither wore nor less than that his Majesty—
he who swayed the Sceptre, and was the chief executive in
the country, was in a state of insanity, and therefore in-
capable of fulfilling the duties of his high station, and of
managing those affairs connected with his Kingly authority.
Was not that a gross, malicious, and cruel libel? It said
that the King was incapable of managing hit own affairs.
If that was said of a private individual would that not be
a libel? They would immediately pronounce that it would
be a libel of a most in olicious character; and was it to be
said, that the King was to be libelled, so seriously, with
impunity, while a like libel on a private individual would
be visited with the most serious penalties? Was the King,
on so delicate a point, to be libelled with impunity? That
was the point for the Jury. He had no doubt .1) ant the
result. It was a mischievous, walicions, and cruel libel;
it was calculated to produce the most serious effects on the
public mind; and it had been put forward in the most pro-
minent and glaring manner. He repeated, the question
for the Jury was, might the Kiog be libelled with ha-
pimity, when no man would dare to libel in a similar man-
net, a private individual? That was net reason; it was not
Lrw; it was not justice ' - awl he felt full reliance, that the
Jury would declare it to be, what it really was, a malicious
libel,bn the Sovereign of these Realms. He would leave
the else in their hands ; he was quite ante that they would
do their duty on the present occasion He considered that
in filing, by virtue of his office, a Criminal information,
he had only performed his duty; and he was sure the Jury

MCM

would not forget their daty to the King, an•: the Cunsti:n.
don of the Country. . .

Tha SOLICITOR-tiesrotaLproceeded to call witnesses.
Elijah Litchfield stated, he was Clerk to the Solicit sr of
the Treasury Office. Witness put in the affidavit made hr
Mr. Harvey, stating that he was the proprietor of the
Sunday Times, which was countersigned by Mr. Doucette,
one of the Commissioners.
Crosssexatnined by the Common Sergesnt.—Witness ii
Commissioner to the Stamp Office; Mr. Itouvcrie is a Com-
missioner, hut witness does not know hies.

Mr. DIMMAN objected, that the witness'• proof as to the
signature of the Commissioner, was insufficient.
The SOLICITOR-GENIMAL referred to the 3SO liPo.
sec. 14, which made an affidavit of proprietorship, when
countersigned by a t'o•nmi,sioner, sufficient evidence.
Mr. DENMAN begged of the Court to take a note of his
objection.
The CHIEF JUSTICII said he would do so.

The ATTORNET•G6NBRAL said, he was able to put the
fact of Mr. Holmdel' being a Commissioner, beyond all
question.
Godfrey Sykes, said he was solicitor in the Stamp-office;
witness proved that Mr. Bonverie had been a Commissioner
of Stamps, op to Sept •tuber last year.
Cross-examined.—Witness has seen hint acting in the
qatlity of Commissioner at Somerset House.
Cute► Jusvlcs.—That is sufficient.
Mr. Litchfield heinz again called, said, the affidavit was
signed on the 27th of .January.
1 he libel and albdavit was then read.

This closed the case forth- prusecution.
The COMMON SSSGBANT then addressed the Jnry for
the defendant. He hoped to convince the Jusy that they
never could, in justice to themselves, realise the anticipa-
tions of his Majesty's Attorney-General. A great task
devolved upon him, in the dist:barer of which, he heapok
the indulgence of the Jury. lie was astonished, and
lamented net the Attorney-General, in the discharge
of his official duty, should fix upon this as a 6t smihject
for public prosecution. It was with pain he entered upon
this subject. He was not ta he told that the right of
public discussion was irrelevant to this question. What!
Was the state of the King's health no tit subje,•t for public
discussiou ? As to the mode in telt di it was put forward
too, ha was not unwil:ing to meet the Aitorneyeieneral
he complained that it was headed s' Earliest Intelligence,"
but was such a subject to he put in a corner, fitted for the
perusal of the law, st classes only ? lie dill not despair of
chewing that there was no subject more fit for public
discussion, and which could have been put forward more
properly than this. He would willingly avoid such a
subject, and he was sure the Jury brought their minds to it
as unwillingly as he did. It was painful at all times to
touch upon inciters, the discu.sion of which must com-
promise the feelings of high minded end illustrious
persons. He had known cases in which Juries had before
now withdrawn altogether front such tr els. The Learned
Counsel here mentioned a ease at Linroht, where a Juror
entreated the Court to excuse his catering upon so painful
a duty : but the Chief Baron reminded him, that, however
painful it may be, he was obliged to go through with it.
The case went on, smut the accused was eventually acquit-
, ted. The Learned Counsel then proceeded to state more
particularly the line of conduct which it would he his duty
to follow upon this occasion. Hi. chest was the publisher
who, let it be remembered, was nut so guilty, if guilt there
was at all, as the proprietor, who had the whole control of
the concern. Mr. Harvey was a man of education, well
known, and wool I tie more ably defended than he coald
,be by him. The printer was a mere machine, for putting
linto a state of publication, matter, of the import of which,
possibly, lie might be totally ignorant. It would therefore
follow, that although the proprietor might be guilty,
still the printer might be innocent. If there was any
mischief in the article, that of itself, might have been s
reaseo fir concealing it from the mechanic. halted he
could not are why this man was at all indicted ; the whole
case could have been brought into discussion by
a prosecution of Mr. Harvey alone. This the Attorney.
General himself partly admitted. He meant not to
question the right of Gliu, cx-eiricio information, although
that power had been questionea by many able, constitu-
tional, lawyers. But the Attornepirneral might, lika
other men, have la•o te fist his c.i.e before a Grand Jury :
and there was nut a doubt but that if he had fel' the Oahe
of the public in this way, he wnalml not be inclined to fel-
low up the prosecution. His not having done so formal a
presumption against the policy of the prosecution. The
agitation of the question now was calculet •ti to du more
mischief than if the report had been suffered to lie in the
state of oblivion in which it had lain for so long • time.—
Many months bad elapsed since this report was first circa-
I stet!, which now, thank Gan, there was no reason for
Cie prayers of his Majesty's siti•j•cts had been heard. B
however, little foundation there was now for such a report,
there was no doubt but at one time such a report was in
circula lea ; and could it be sail that these reports were not
a lit subject for public discussion. IVhen the date King
was labauring tinder ibis dreadful affliction, it was not only
stated in the public papers,but stated openly in Parliament.
And how easily could an answer be given to it. If the
King had appeared abroad attempt us it would set this
question at rest. The absence of the late King from public
observation, was held to warrant a sallieimulpresutuution as
to Isis state of health. But were any of the facts untrue?—
Was it untrue that Dr. Knighton was in attendance upon
!din, were any of the other facts untrue which
were then stated? The only crime, therefore, was
in the inference which was in some degree war-
ranted by the experience of the former reign;
but then came the Attorney-General to complain of the
wound inflicted upon the King's feelings—his feelings—
when did his alaje.ty hear of the Sundlay Times ? Be it re-
membered that it was only the seveuteenth number of
this little knoen paper. Reports did, prevail that the King
laboured under this dreadful malady—and the Journalist
takes it as a matter deeply interesting to the public. Bat
the report proves happily to lie untrue, and what possible
injury could a report in so obscure a Juaroal make in the
public mind ? He contended that the Attorney-General,
with all his vehemence, in all the labour, had been fighting
a "sham fight ." The word "by authority" would he
made much of; but what did they mean more, in a public
Newspaper, titan that the Journalist proceeded on the
authority of some respectable individual. Nothing mere
was meant ; it was nut meant to say, that there was the
authority of a Minister of State, or of the Physicians, Sir
IV. Knighton, &c. There were son • such rumours abroad,
and it was the duty of a Journalist to allude to them.—
Happily they had died away ; happily there was reeson to
believe that there had never been the least reason for the
painful rumours ; bat it was most extraordinary, most
monstrous, to declare that• the King's health was not
mutter of public interest. It was the contrary ; the pahlic
were justified in feeling anxiety on such a subject, and
Journalists had a right, if public discussion were to be
allowed, to allude to so important a subject. It was said
that the libel was calculated to bring the King into hatred
and contempt quite the reverse was the fact. It was cal-
culated, if, unfortunately, there had been derangement, to
excite the sympathy of all, to disarm party feeling and
hostility, if any existed. Mental derangement might
afflict the wisest and the best, and, in an instant, dash down
the m lst promising prospects, and check the most brilliant
and laudable career. The commencement of the present
Reign had been much disturbed ; but fact, as well as the
law, forbade him to attribute any of those troubles, and of
those proceedings of which the country was ashamed,
his Majesty. The Ministers alone were to blame
who had collected foreign slanderers tilled green
and be knew not what—things that be could never
of but with contempt—they alone were to blame. But
to slander the king, to allude to his" benevolent" naiad,
admitted the benevolent character of his Majesty's mind

r•
are libel in a similar man- Reign hail been mucb disturbed ; but fact, as well as the
t was net reason ; it was not law, forbade him to attribute any of those troubles, and of
he felt full reliance, that the those proceedings of which the country was ashamed, to
bat it really was, a malicious hie Majesty. The Ministers alone were to blame ; they
vs Realms. He would leave who had collected foreign slanderers tilled green bags,
is quite sure that they would and be knew not what—things that be could never taink
'casino He considered that of but with contempt—they alone were to blame. But was it
ce, a Criminal Information, to slander the king, to allude to his" benevolent" mind. All
y; and he was sure the Jury admitted the benevolent character of his Majesty's mind; yet,
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