December 23rd, 1829
Went to the Court of King’s Bench this morning to prove that the Duke of Wellington is a Privy Councillor, on the trial of the action which the Duke brought against the ‘Morning Journal.’ The action brought by the Chancellor had been tried the day before. Scarlett was feeble; Alexander again defended himself in a very poor speech; the jury retired for three hours, and I thought would have said ‘Not guilty;’ but they brought in a verdict which is tantamount to a defeat of the prosecution on this charge, and amply proves the folly of having instituted it at all. I did not hear the second trial, on which they gave a verdict of guilty, after consulting for about half an hour. The jury in each case consisted of eight special jurors and four talesmen. Afterwards there was a crim. con. case, which I did not stay out, but which was amusing enough from the translations of the counsel, the Judge, the witnesses, and the interpreters, for some of the witnesses were French. Lord Tenterden has a comical way of muttering to himself half aloud as the counsel are speaking, either answering or commenting on what they say. Scarlett was saying (in this last case) that he could not prove the fact, but he could prove that the defendant passed the night in the lady’s room, and the jury might judge what he did, when Tenterden muttered, ‘If he did nothing, what was he there for?’
The prosecution finished with the trial of Bell (of the ‘Atlas’), who made a very good speech (it was about Lord and Lady Lyndhurst), and the jury found him guilty of PRESS PROSECUTIONS publishing only, which I take to be an acquittal; the point, however, will not be tried probably, for it is not likely that he will be brought up for judgment. He will be contented to get off, and they will not like to stir such a question. The result of the trials proves the egregious folly of having ever brought them on, especially the Duke’s. One of the verdicts is, as far as he is concerned, an acquittal; the author showed himself to be so contemptible that he had better have been treated with indifference. He has been converted into a sort of martyr, and whatever may have been thought of the vulgar scurrility of the language, ruin and imprisonment will appear to most people too severe a punishment for the offence. Then the whole press have united upon this occasion, and in some very powerful articles have spread to every corner of the country the strongest condemnation of the whole proceeding. The Government, or rather the Duke, is likely to become unpopular, and no good end will have been answered. I do not believe that these prosecutions originate in a desire to curb the press, but merely in that of punishing a writer who had so violently abused him; not, however, that he would be sorry to adopt any measure which should tend to fetter free discussion, and subject the press to future punishment. But this would be a fearful war to wage, and I do not think he is rash enough to undertake such a crusade.