The Statesman.
London, England, 1823-11-21 00:00:00

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up, on condition that the Attorney would return the hun-
dred guineas premium.
Mr. Justice BATIAST—Take a role to chew cause.
ZINO'S PINCH PRISON °AMMAR&
The Soucrron Q•NUR&L moved that a number of gam-
biers, detected in these practices in the King's Bench pri•
son, by Mr. Jones, the Marshal, and two turnkeys, on appli•
cation to the Marshal that they should he removed by
order of this Court to some other ptison, under an impres-
sion that their example would tend to demoralise the rest of
the soh •bitants of this gaol.
The COURT directed a rule to show cause why they should
not be removed to another gaol, with leave to answer the
matters of the affidavit, as that they might be indicted for
the awe.

Tel KING V. AIiAMAMI.
The Defendant appeared on the floor to receive judgment,
having been found guilty of a violent assault on John
Thomas, an Officer of Excise, who, in the execution of his
duty, went to inspect the Defendant's malt house.
Mr. JUSTICE, as Cennsel for the Defendant, addressed
the Court in mitigation of punishment. He adverted to
the trial, and complained of the very extraordinary be-
haviour of the Excise Officer. He described him to be a
tall, able man, who gave his evidence in a tone of serious•
ness, which excited astonishment. He appeared overcome
by the most unmanly fear, at the mere recollection of a
threat which a child would have laughed at. The Officer
stated that the Defendant, after kicking him violently. in
the malt house, said, •' You shall never use pen and ink
more. I will skin thee, stuff thee, and send thee to the
British Museum."
Being asked, whether he really believed it was the in-
tention of the Defendant to skin him ? he said, st I had
his word for taking My skin off, and stuffing me like a
beast ; bat where he would ha►e sent me, l really do not
know." This statement appeared the more ludicrous, as
the defendant was a little man, whom the Officer might
have lifted in his own malt shovel. After the small the
Defendant expressed sorrow for his offence, and imputed it
to druakennese.He had been six months i n prison. The Lear-
ned Counsel expressed a hope that the Court would consider
the Defendant entitled to a lenient judgment.
After a few observations from the ATTORNEY GILNERAL.
the Court sentenced the Defendant to imprisonment for one
month in Monmouth Gaol.

THE KING V. ?RUST.
The Defendant, who was to have received judgment this
day. for the publication of *blasphemous libel, was ordered
to come up again on Monday.

Tits ariso v. weaver awn crummy.
In our report of the proceedings is this case yesterday,
which so far as it extended was more accurate thee any of
our cotemporaries, we were compelled front want of time
and room to abridge the defence of Mr. Harvey, and to omit
the reply of the Attorney General. To complete our
report we, therebre, now annex the speeches of those
gentlemen on the occasion.
Mr. Harvey, after deprecating the evils of delay, pro.
seeded to address their Lordships. He could assure their
Lordsbips it was net from any motive of vanity that he
now addressed their Lordships in person. He was aware
there was not a Gentlemarlat the Bar who would not have
done it much better; but he was induced Dow to trespass
on the Court is his own. person, because be con-
sidered that there were circumstances in this ease
with which their Lordships should be acquainted,
but which no Gentleman at the Bar could wave- I
ideally advert to. Their Lordships had decided
that the affidavit of the three Jurymen, which be had
tendered, could not be received. It was not his place, any
more than it was his intention, to dispute their Lordships'
decision ; but he presumed be was at liberty to advert to
what might be supposed to have been the reasons which
operated to the minds of the Jary during their retirement.
He might now be 'opposed to be addressing their
Lordships in mitigation of punishment; but he was at a loss
to determine whether, instead, of doing so, he ought not to
apply for a nem trial. He must confess he was .somewhat
sorpnsed that the Attorney General should now appear in
the Court where the Sovereign had formerly sat to adminis-
ter justice in person, to pray judgment. He had rather
expected to have seen him, if here at all, here, not to pray
jpdgasent, but to declare, that with a verdict given under
the very. extraordinary eirsomstaoces which attended this
1 verdict, justice was fully satisfied, since the enquiry had
led to that satisfactory result, in which no persoo felt
more satisfaction than be (the Defendant) did—that there
were no grounds whatever for ithe report which had
gone abroad, as to the state of the Royal mind. The course
which the Attorney General now adopted, proved one thing
—it proved beyono a doubt that this was not the prosecti
lion of the illustrious person whose name appeared io the
information, but that it was a personal prosecutiont,the pro-
secution of the Attorney 0 1; and he was justified in
min this by the course adopted now, and at the trial, by
that Learned Gentleman, else why had lie, sifter be was
informed that he (the defendant) was not the author, and
after the name of the author had been tendered, still
continued to declare his belief that he (Mr. Harvey) was
the author ? He was ready to acknowledge, and with
pleasure be did so, that there were no grounds whatever
for saying his Majesty's health was not in the happiest
state. and that his Majesty was wholly free from any ells-
ord.r of a mental kind; but what would have been said on
this subject in March or April last? He knew, in fact, that
this subject had been agitated whilst the Jory were out, and
one of them asked whether, if in March or April last any
person in the Chapter Coffee House should have expressed
an opinion that his Majesty's mind was infirm, though it
might have been regretted, every one would have denied
his belief of the rumour. He was aware that one of the
Learned Judges had declared his opinion to be, that it was
illegal for any Journalist to declare that the King was
insane, although it might be so.
Mr. Justice BEST here interrupted the defendant. His
Lordshin observed he had not said any such thing; behad
declared no such opinion. What he said was, that the
question to be decided was, whether the charge alleged
to be false was maintained ; but it was trunniietia
in cases of criminal information, whether the alleged truth
or falsehood was made out. With respect to the right of
the public Journalist to state opinions on this subject, he
said the Journalist ought to be cautions how be published
statements calculated to disturb the peace of the country;
that such statementashould not be made without the great-
est precaution being observed : and be bad further added,
that if any improper delay was found to exist in making a
formal communication to the public of the state of the
Royal mind, the public press, in the fair exercise of its
functions, might call the attention of the public to the
fact.
Mr. Harvey said he was bound to submit to what laid
been stated by the Learned Judge, and he would now
proceed to state to their Lordships what bad been said by
other journals on the subject of his Majesty's health. The
defendant then proceeded to read extracts from the Kcal
John Bull, the Times, and other papers.
The COURT observes!, that these papers, unless proved on
affidavit, could not regularly he re. eived by them; and the
LORD CHIEF JUSTICII asked the delen•lant flow he could ex-
pect to benefit himself by reading other libels; he advised
him to refrain front that course.
The Defendant continued —lle was sure he should not
suffer in their Lordships' mind for any irregularity be might
fall into, but he was anxious to recd these extracts, and to
ask how it was that the Attorney tienerrl had suffered the
leading journal of Europe, as it called itself, to escape,whilst the humble Sunday Times was sdecteri fur prose, u
tion, unless be was actuated by personal motives. lie was
convinced the Attorrey General was actuated by those
inotivea, and if he had now the honour of sitting in Parlia-
ment, he could not fail to muse his iropetchineat.
kink' the Attorney General was Acivatcd by t'lis feeling, for

becould pm*. by evidence that the'Learned tientlema,
had said to the agent of the Noble Lord, through wh,,a.
inguenee be ohtained his semis Parliament, that he cons -
dered Mr. Harvey, as the greatest enemy he had.—
Mr. Harvey then adverted to what had pastiest
amongst the Jay whilst out of Court, and said h.
had it from one of that Jury that if his Lordship ha..
asked on what they grounded their recommendation t.
mercy, they would have told his Lordship they founded
their recommendation on the conviction that the defendant
had been misled by his informatioe, and ant by any malici-
oaaintestioSs. And had his Lord,hip in reply stated malice
to be necessary to constitute a libel, they would instantly
have found a verdict of not guilty. He would not now de-
tain the Court further than to advert to what had been said
by their Lordships in prosecutions of a different character.
Their Lordships had repeatedly said, that Christianity was
part of the law of the land; aid he would add, that mercy
was one of the brightest ornaments of the Christian religion.
Their Lordships. in the high station which they filled.
were best enabled to exercise that Christian attribute ; and
they would not fail to recollect that the surest way to ob-
tain for themselves mercy in Heaven was to extend to other,
mercy on earth.
The ATToRNCT OrNMAL in reply said, that much bad
been observed an his personal motives. He again declared,
that the prosecution was advised before he knew any thing
shoot who were the proprietor and printer of the Sunday
Timer; so that on personal grounds, he had not any thing
to stimulate him to proceed; or to induce him to abstain
from continuing the prOsecution. He knew nothing of
the parties till long after the prosecution bad pre', drter-
mined upon. As to " the pipers having teemed with such
rat:boars. that turned out to be untrue; and as to the
mischievous character of the libel, all persons of decent
mind must admit the fact. He (the Attorney General)
did not desire any heavy sentence ; he required wbat was
commensurate to the offence: but it would be deserting
his duty not to call on their Lordships for such sentences
on the parties as would tend to prevent the repetition of
such offences.
The Coons. having consulted for half an hour, the Chief
Justice left the Court to go to Guildhall: Mr. Justice.
BATLO pronounced the sentence of the Court.

COURT OF COMMON PLEAS.—Nov.2O.
(SITTINGS IN BANCO.)
The Court was occupied this morning in receiving
justification of bail. In one case two persons presented
themselves as bail in an action. They were objected to by
Mr. Sergeant lAMBS, and questioned as to their knowledge
of the defendant. They did not know the defendant, but
became bail for him at the request of the attorney in the
cause. Having, in answer to other questions, sworn that
theywere not promised to be ind.naniied by the ettorney,the
Court held, that under those circumstances they could not
he objected to, and allowed them to justify. We have
already noticed the absence of two of the Judges of this
Court. Lord Chief Justice Dallas, it is understood, is so
much indisposed as to be unable to bear the fatigue of
attending in court, and Mr. Justice Richardson has gone
to Malta for the recovery of his health. The consequence
of this absence is, that the most important business of the
court is completely at a stand. The two judges who at.
tended are unwilling to enter, io the absence of their
learned colleagues, upon the consideration of some very
important legal questions which are now pending in the
court, the more particularly as some of these are motions
fur new trials of meet, some of which were tried in the
first instance before one or other of the two Judges who now
sit. Unless the Lord Chief Justice Dallas recovery sufficient
strength to enable him to attend (for the attendance of
J edge Richardson is out of the question for this term), little
more than mere matters of course will be brought on before
Term ends. From the causes just mentioned, the Court
did not sit more than an hour this morning.