He would be unworthy to hold the office he did, if he suffered to pass over such an article which contained as outrageous a libel as ever disgraced the columns of a newspaper.  The trial was on Wednesday, the paper came out on Thursday; that the article had been written under feelings of disappointment, he could easily conceive, yet still that formed no excuse for such a libel as that to which he alluded.  If such a libel was excused, no respectable man would come forward as a Juror, to have his character assailed, not only in that capacity but also as a private gentleman.

He held an affidavit made by Mr. Fisher, Crown Solicitor, which stated that Mr. Bull was the Editor of the ``Colonist" in which the libel alluded to had appeared, and that it had an obvious tendency to obstruct the course of justice.

(The article which was alluded to in the affidavit was in these words:-

``The case of the Eidtor of this paper, versus * * * * * , for an aggravated and brutal assault perpetrated in the public street, was tried before His Honor the Chief Justice, and a Special Jury, yesterday afternoon.  The fact, and the aggravated nature of the assault were proved by the Second Police Magistrate; the delicate, and even dangerous, state of health of the Editor of this paper at the time the assault was committed, was also proved by he testimony of Dr. Nicholson; and it was even admitted by the defendant's counsel, that at that very time, he was impressed with the belief that Mr. Bull was the author of the jeu d'esprit, under the title of The Family Man, which had appeared in this journal, and provoked the wrath of the notorious debauchee.  And yet so delicate is the sense of propriety of a New South Wales Special Jury, or rather, for we must speak it out, so strange is their sympathy with all that is vile and villainous in outrageous profligacy and in cold-blooded and heartless iniquiety, that they consier five pounds a sufficient compensation to the husband of a virtuous wife, and the father of a reputable family, for a grievous assault committed upon his person in open day, and in the open street of a town, by an indviidual whose advance in prodigacy has kept pace with his success in business, and who after practising the most nefarious arts to accomplish the ruin of a virtuous female, and to destroy the peace of a respectable family, wipes his mouth, and is even applauded by the wretched creatures in the shape of ladies and gentlemen who frequent that sink of iniquity, the Sydney play-house, when holding parley with his adultress paramour on the very boards!  Talk of the Jury System after this!  Oh, no; Mr. Justice Burton, an emancipist for us after all!  A Jury of Moreton Bay men or Norfolk Islanders - we shall be satisfied with any Jury now!  And if that worthy character, Jack the Slapper, who carries certain orders of their Honors into effect in the rear of Sydney Gaol, should be made the foreman of a Jury in our next case, we shall at least promise ourselves as good a verdict as that of the Special Jury in the case in question.  If the Jury had even taken fifteen minutes to deliberate upon their verdict, we might have supposed that at least one solitary individual of their number had lifted up their voice in favour of the interests of morality, and had, maintained his ground for the long period of thirteen minutes and three quarters in behalf of public virtue.  But the men were of one heart and of one mind in the matter.  They allowed themselves no time for delibaration; for as soon as that worthy Juryman Mr. ---, who keeps at least one concubine, in the neighbourhood of Darling Harbour, and who, of course, could not but have a fellow feeling for the worthy defendant, had reminded the other Jurymen of the sage remark of Mr. Counsellor Therry, that what, was * * * * * * case to-day might be their to morrow, the thing was decided at once, and out came The Patriotic Association, with a verdict of Five Pounds damages!  Prodigious!"

Having read the above article, Mr. Attorney General then said he though he had gone too far in pronouncing it as outrageous a libel as ever was committed to paper.  Upon the tendency of such libels it might be unnecessary to state any case.  It was true in his official capacity, he might have filed an ex officio information, but that was a power which ought to be very sparingly exercised; but when the public interests required it, he hoped he wouldnot be found wanting in his duty.  But a libel, such as the one he had read, required a more speedy course than that of filing an information.  Their Honors would recollect that not more than three months ago, a libel was published in the ``Australian" newspaper, reflecting upon the Judges - the proprietors were brought before the Court and summarily punished.  This libel reflected upon the Jury which was a compenent part of that Court, and if the Judges requied protection the Jury required protection also.  Such a libel was sufficient if suffered to pass unnoticed to sap the very foundation of the constitution itself.  He then quoted a case from Barnwell and Alderson, 218, to show the opinion of the Judges at home upon such writings, after which he repeated the terms of his motion as given above.  Granted.

Source: Sydney Gazette, 12 July 1836

Before the three Judges sitting in Banco.

Rex. v. Bull. - Judgement. - Defendant having been called, the Chief Justice addressing him said,