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LAW INTELLIGENCE.

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LAW INTELLIGENCE. COURT OF KING'S BENCH. NOV. 21. LIBELS. THE BISHOP OF DERRY. Mr. Attorney-General moved, that the conditional rule for a criminal information against Thos. Jenkins, Haynes, and Lynch, the printer and pro- prietors of The Cambrian Newspaper, which he fed obtained on the first day of term, for a Libel on the Bishop of Derry, should be made absolute. Mr. Jekyll shewed cause.—" As Counsel for the Defendants, against whom the rule for a criminal in- formation is now sought to be made absolute, I beg leave to draw your Lordship's fttention to the pecu- liar circumstances of the case. The libel complained of against the Rev. Prelate, which was inserted in The Cambrian Newspaper of the (4tb of June last, stated— That the Bishop of Derry had been gazetted in the Irish Gazette, as a Bankrupt, and that he had been for a longtime speculating in trade." On the part of these Defendants, the scope of the address which it will be my duty to make on the present occasion, will have a two-fold operation—the first, to shew that Mr. Jenkins is not a person whom the Court can look at as one sitting down for the purpose of calumniation, but as having been inadvertently drawn into the publica- tion of the libel complained of-the second to appeal to the merciful feelings of the Reverend Prelate- feelings which he is known so eminently to possess, and which are an honour to his profession wli,-the,- lie will press this prosecution any fartlier ? Th§ rearne(i Counsel then proceeded to state the circum stances under which Mr. J. had inserted the para- graph, which he had received from a Member of the Hbuse of Commons, and that immediately on learning the incorrectness of his information, he endeavoured to make atonement for his error, and published a refu- tation to which was subjoined an eulogy on the vir- tues of the Prelate. Lord Ellenborough As the libel has been traced to its author, it is for the consideration of Mr. Attorney-General, whether he will proceed farther against the present Defendants." Mr. Attorney General. You will permit me, my Lord, to say a few words on thatsubject presently. If these slanders were not propagated, they would cease to be miscbievous." Mr. Jekyll was proceeding-when Lord Ellenborough observed—" I wish itto be per- fectly understood, that the Court do not consider it ,tight to excuse the propagator of a libel, because he is Dot the inventor. Assuredly if there were not per- sons ready to give publicity to slander, it would not be effective." N,lIr. Attorney- C-eneral-l' The circumstances stated by my Learned Friend, will, no doubt, in their proper time and place, be attended with their due effect." Mr. Jekyll My Learned Friend has said, that, 11 its proper time and place, my statement will have Us due effect: I own I do not clearly understand him." Mr. Attorney-General "I will, then, fully ex plain my meaning-let the Defendant permit this nils to be made absolute, without opposition, and suffer judgment to go by default and let liim afterwards give me such information as may enable u.e to pro- ceed against the original calumniator. J will then ex ercise my disa^tfon in doing that which will justify the justice of the case." Mr. Jekyll 1 am hound to advert to the situa tion of the other two Defendants, Haynes and Lynch these two gentlemen neVef took any active jiart in the publication of The CarBbrian.' Since it was/first esta- blished, Mr. JenJtins was the active agent, and Messrs. Haynes and Lynch had merely given him pecuniary assistance." Mr. Attorney-General- I must here make an observation, as there is sometimes a mischievous use L made orswhat has been said by Counsel in this Court. It was stated in a public paper, that I had declared. that if a libel were printed in one Newspaper, and copied from that into another, that I could not think of prosecuting for the libel so copied and that tht Court appeared to agree in this doctrine. This un- founded statement was actually printed in capitals and I have-received letters from persons now under prosecution for libel, calling on me to act on this principle." « Lord Ellenborough—" I never heard you utter a Word on the subject. But, perhaps, you i-nieht have spared yourself the trouble of contradicting the asser- tion -for it is npt unlikely that it will now be stated, thatyouhavere-assertedthesante principle." Attorney General- My Learned Friend states, that, the defendant Jenkins did not himself furnish the libel, and 1 give him full credit for that statement, He then asks your Lordships*not to make this RC16 absolute, because the Defendant had written a letter to the Bishop of Derry. expressive of contrition for what he had done, and had subsequently given up the author of th libel. But 1 expect that the Defendant should do wh it other persons in my situation would also expect-- let him permit judgment to go by default, and then I will consider what means are most proper to be adopted towards him, both with respect to lenity and justice. But never can alloiv that a man who gives publicity to a iibd should be permitted to pass als^st without notice." L. Ellenborough. The rule must be made absolute. It-is not to be understood, that a man may he permit v ted to slander another when he pleases, because he afterwards is ready to nauseate the injured party with his praise. The circumstances stated w ifl be attended to in their proper place." The conditional rules for informations against the i Morning Heraid, Morning Chronicle, and Statesman, werealsv made absolute. On Wednesday, at Bow-street, the proprietor of a stage-coach on the western roadwa convicted in five penalties of 51 and aos. costs for selling partridges I vhich he had with him in his coach, at Kensington, The informer, upon this occasion, was a discarded servant to the coach. Doctor Roberton, -who a few months ago fled fr.om his bail in England, and-escaped to Amsterdam, 'has been arrested there, and sent to Paris as an English spy. George Davie, of the parish of Swymbridge, in the county of Devon, was afflicted with the Flings Evil, Or Scroplkiiia, in both his legs, so as to be rendered 0 incapable of following his labours ifcwr two years> during which period he mus confined to\birved •. in tha' S, distressed state he had recourse to tie best medical assistance the neighbourhoodiabut without s obtaining relief: at length he 1 mmended to try Roberts's Medicakd VewtcMe Water, and by taking three of the Small boVtiAslM is now, under the bles sing of Providence,.fttl stcrly restored to health. This Valuable mfdjcine|in qfie radical cure of Cancer, Scro- phula, LeArt!:• y, rvy, and all inferior scorbutic com- plaints, is jnepa^Fand sold by Daniel Roberts, Pains wick, G.-e ers lire, inîDlfpint bottles, at 6s. each, and in large iWtles, containing five half pints, at^as.. eigli, duty included, with cases of cancer, &c. and directions signed by the proprietor. Sold also by J. Daniel, Printer of this Paper Dicev and Sutton, wholesale agents, Loudon; and all respectable niech- venders.

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