Martinsburg gazette and public advertiser. [volume] (Martinsburg, Va. [W. Va.]) 1826-1833, 1827-11-29
WHEELING. Nov Il.
THE LIBEL.
The COMMONWEALTH.
rs.



The public have already been in.
formed, that, at the August Court, an
indictment was preferred against the
editor, al the instance Of Mr. Garter
Beverly, (author of "the Fayetteville
letter." &c &c.) for cha rging Mr,
b with falsehood and missrepresenta.
ton in his letter to Duff Green of the
l1lh July.
This cause occupied two days at ,he
late November Court, and was de.
cided on the 10Th inst. The defen.
dant offered, IN justification, proof OF
the truth of the publication complained
Of as libelous. On behalf Of the Com.
monwealth, it was commended, tina. It
was not competent for the defendan, to
give such proof in justification. The
argument upon this point was of con.
siderable length and great interest
Mr.. Doddridge, for the defendant,
maintained, that under the circum.
stances Of this case, il was coupe.
tent, for the defendant to prove the
truth ofthe publication in Justification.
We are sorry we cannot lay bis argu.
inent before our readers, for, although
1t did not convince the court, we are
persuaded it would convince the pub
lie, that the legal grounds which he
assumed, twill stand The test of hu.
man scrutiny, of talents and of time"
The Court decided, tha, the truth
couldnot be proved in just yicatio,.
A mass of oral and documentary G.
violence was then laid before The lur Y
commencing with the Fayetv lille let.
ter and ending wi.h'tha. OF MIR Mark.
ley, and including General Jackson's
letter TO Mr.. Beverley, his address to
the public of III. 18th July, Mr. Buch.
anan's and MIR. Eaton's statements,
Beverly's TO Duff Green, of the 18th
July, end the testimony of several
gentlemen, she wing the fa lsiiy of most
OF the statements contained in that letter
The very sble arguments addressed
to the jury were not closed until late
hour. Tina, of Mr. Doddridge, for
The defendant, was an iniellectusl treat
of q very high order. The intense in.
,erest with which il was listened to,
evinced the admiration Of those who
heard it. The grounds upon which
the defence was placed were similar
10 those maintsined with so much ef.
feet by Mr. Erskine. in the case oflhe
King Us Stock q sie, tried before Lord
Kenyon, in 1889 Mr. ID. took a
historical review of the malignant ca.
lumnies of which Mr. Clay has been
the subject: and in the propagation
whereof, Mr.. Beverley, (the piese-
cutor in this case,) has taken it upon
himself to bear q conspicuous par!; and
commended, that it was competent for
Mr.. Clay, or for any other citizen to
refute these calumpies in the public
journals in " hich they have been dis.
seminated EITHER by disp' ovimg them,
or showing that thsi. propagotors are
not aUorthy Of beng believed So
far as we could Judge, the greater por.
ton OF the numerous auditory deemed
the defence to be complete. THE ia.
ry, composed of gentlemen of both
political parties retired for abou, FIVE
minutes, and returned a verdict of" Not
Guilty" So much for B"ckinp ham,
Gazette
The 9lpine Horn The Alpine Horn &
is an instrument constructed with the
bark of the cherry tree. like speaking
trumpet. and is used to convey sounds
to great distance. When The last rays
Of the sun gild the summit of The Alps.
the shepherd who dwells highest on
those mountains, takes his horn and calls
aloud, praised be the Lord" AS soon
as he is heard, the neighboring shsp.
herds leave their huts and repeat those
words The sounds last many minutes,
for every echo of the rocks repeat the
name OF God. How solemn the scene!
Imagination cannot picture 10 itself any
thing more sublime; the profound ST.
lence that succeeds. the sight of those
stupendods mountains. upon which the
vaul: Of heaven seems TO rest, every
thing excites the mind TO enthusiasm.
In the meanwhile the shepherds bend
their knees. and pray in the open air,
and soon after retire to enjoy the repose
of innocence.
What contrast is here exhibited TO
that presented in some countries which
we could name.
Fine Ca1snni,1o In TTIster Ireland,