Star. — London, England, 1811-02-08 00:00:00

,;. r ndictraetit chargedhim with having attributed every thing that was bad to Lord Castlereagh ; he now asserted the truth of his statement, and was ready to spew that he was that base person.' • I Jere some marks of approbation having appeared among the audience pact of the Court, Lord Er atasoitotiou said, if any individual at tempted to dtsturh the Court, he should be sent to 'a place where he should be more properly seen after; he also orlered that part'of the Court to be cleared. Mr. Finnerty said he was ready to prove what he had jest •stated ; and if the Noble Lord or his advo cates were willing to justify Urn, they had an oppor timity of answering the charge, But, in the name of 41 goodness, how would it appear, if, while he was sent to prison lot' asserting this, the Noble Lord should be impeached for any one of the acts of which he was now ready to adduce evidence t He nottask ed, would the Court allow any of these affidavits to be read Lord ELLENEOROUGIT said, if they were of the na .Sure of those he had already tendered, certainly not. Mr. Finnerty here tendered certain affidavits;' de scribing different species of pnnishMent said to have been inflicted in Ireland, but Which the Court refused to receive. He then said, he was ready, if he had been allowed, tri . prove the truth of every part of the libel. If he - was refused that, he must seem not only to be a li beller, hut, what to his mind was worse, a liar. The affidavits which he - was ni - ,w ready to produce, and for every one of which he could have procured a - hundred such, he had taiccn the trouble to go to Ire land to select. To this trouble and expence,he had etp6sed hitnsaf, misled by the case of Draper, who was allowed a complete proof in justification, and even - though great part of the proof offered by him tinted 64 to be false, escaped without any punish tattitt'bVit being held to bail, purely because there had been ca irritation excited between the parties. - The Court then called on the defendant 'to state what he had to offer in mitigation. . Mr. Finnerty contended, that it was for the Attor ney General to state his case first, so as to allow the defendant, who had suffered judgment to go by de hatilh the right of replying. It was ruled, however, that no affidavits, having been filed on the part of the prosecution, the practice tay the other way. Mr. Finnerty then began by stating, that he was stwaresi all the disadvantages under which he la bowed, it having been his misfortune to build on a precedent of their Lordships' own, and to regulate his conduct by it ; whereas their Lordships did not now see it expedient to allow him the benefit of that precedent. In appealing to the Laws of England, so admired for their. beauty, he could not doubt, liowever, of a favourable result s when the question to be considered was sin , ply this—Whether a man who had *suffered oppression and calumny should be condemned to punishment, because he had ventured to consplain of the author of that oppression—who- , Cher, in fact, self-defence, that first law of Nature,, ihonld be deemed a crime—whether a British subject .shouldtedeptived of what had been emphatically termed the last refuge of the unfortunate, the right to complain ? He came there to ask for justice' , with out surrendering his freedom. It was his most sin ' cere wish in stating his case, to do so with every ex pression of respect for the Court. This he did not from fear, but truly from respect for their high sta tion. The last place in which fear ought to prevail, was a - British Court of Justice. When he asserted his innocence, it might be asked, why he had with 'drawn his plea, and allowed judgment to go by de. fault ? To adduce evidence before a Jury, however, after what had fallen from his Lordship as to the ca lumnious natnre of the publication, he thought could be of no utility. He was never actuated, -however, by any consciousness of guilt. He never meant ei ther to confess guilt or. to supplicate for mercy. No, be knew Lord Castlereagh too well, and respected himself too much to have done either. Had he made any false charge against that Noble Lord or any man else, and he had afterwards ascertained that he was in error, he: should have 0..... - aight it his duty, prompt ly and publicly, to have made an apology, even had' he become sensible of his error after he had suffered punishment. He thanked GOD that he did not dis like any human being so much as to forget in that 'dislike therespect which he owed to truth and tali; ban character. The affidavits which he had to pro. &Ice, if they bad been suffered to be read, would ha-se:exhibited such a picture as could hardly be eon ceived in any country, either in a state of civilization or of barbatism. • The Law of Libel was of such a nature, that whatever the Judge who tried the case those to declaie . a libel, the Jury must find it to be so. In stating this, le-did not mean any thing dis teapectful to their Lordships. The law of libel did hot originate with them:- Judge Mallet, - so far back as the.teign 'of 'King Charles, declared' k libel against a strdinpetlo Ise worse than' if it had been aping-en k o test woman. ICA this was the law to vvhich Lord • Castlereagh came for a vindication of his character: —if he had proceeded by information, he must have • averred- and proved the falsity of it ; or if be had blotight his action, he (Mr. Fmnerty) would have been allowed a . proof of the truth of the statement. —This, however, he called a vindication (*his cha racter. All he ,asked, however, was to gratify his re. se.ntment. Mr. Justice BLAxc said, the defendant must ' not indulge in ir...sa libels, but mast confine himself to matter in 'mitigation of the offence already corn ' sinitted by him. Mr. Finnerty contended that he was now stating what went in mitigation of his offence so far as the tad *as concerned. Lord Eure,saonotmu said, he felt compassion for the defendant, the more so, as he seemed so uncoil . • acious of his own sitnation. The 'Court, however, - could not allow of all this opprobrium to be thrown Out where eie party had no opportunity cf answering; • the cal timi y. • Mr. Finnerty trusted be might at least be allowedl to say, that he did not envy the prosecutor the way in . which he-had taken to vindicate big character, and bel presumed •to -think that no man would. Calumniesi . e.pd prejndicei had gone -- out ag a inst his ( Mr. Fin-I ei r rty'sl character ; but he could say that: he had never: in his life 'been . capable oflattempting, or eveni . isedttatpigi au act .of criselty;decart, 'or . lepf,i T aawyl7,4.ise which ha~ren gel lift sw' '444 14 ' 1 0.0 #;P : , 14*i I wasfor entertaining them alone that he had been pm.. doe t of the defendant this day? What de•cripeoe s of secuted. He could have no sinister motive in perse.l nien, from their Lordships down to the County Ma. vering in those sentiments ; he could have no ambit. gistrates, had he not libelled? and then concluded tion to gratify ; and his uniformity of principle af- with desiring their Lordships not to send him to the forded at least presumptive evidence that lie thought custody of these Magistrates, bscanse, owing to po. himself right. . i 'hie.' differences, he was of opinion his life would be . Mi. Finnerty proceeded to notice the prejudice ' eniar.gered. Did, their Lordships—could any one which prevailed against men who exposed persons in suppt se that the defendant really believed so ? If he high situations. This, however, proceeded from a ; did, lie mnst be utterly ignorant of the laws, and of perverted view of the subject, for such men were en• i the,mode of administering them in this country. No titled to reward rather than reprobation, as they thus ! Magistrate was capable of wishing to injure or in. gave to a State an opportunity of rescuing itself out • commode any person in such a situation, but if all or of improper hands. Was he, then, to be punished for . any of them had such a wish, none, not even the reprobating what he offered to prove ? It was a 1 whole of them, dared attempt to execute it. The li. doctrine laid down by Lord Kenyon, that a man who ' bel he did not wish to read. There wail nothing in was himself a libeller, could not complain of another i it either so malignant or so wicked as that which had who libelled him. The principle he conceived was i fallen from the defendant to-day. He called it wicked, just, and on this principle Lord Castlereagh had no : for to his mind nothing could be so wicked as for h right to complain of hint. Let the Court look at the I man to take advantage of a situation similar to that order for his being sent home from Walcheren, and in. which the defendant stood tinclay, to vent calum. then say if this reasoning did not apply • for what : pies and libels, doubly more malignant than those could be a more grievous libel than to hold him out ; fcg which he was come to answer. but who wis this as a suspected or seditious person ? A libel was : person who had , placed himself on -an eminence, stated to he a misdemeanor, because it had a tendency when compared to Lord Castlereagh ? Who was he to provoke a breach cf the peace ; but what could I who, issued such a proclamation of his own impor. 'their Lordships think of a libel that had a tendency tince? What was he by his own account ? The to provoke assassination ? a situation in which the or- Editor of an Irish Newspaper called " The Press," der in question had placed the defendant, as appeared i during the rebellion in Ireland, -and who had stood from Mr. Power's affidavit. But what Must the in the eillory. country think of this Noble prosecutor, who occupied Lord ELLENBOROUGH said this was irregular. himself in looking after such an humble individual as The Arroexev.Geeenet contessed, that after all the defendant, when he might have been so much the vile and scandalous matter which the defendant more usefully employed in ordering bark to be sent had thrown out against Lord Castlereagh, which did over to our sick troops at Walcheren ? Mr. Justice not at all touch on the case, the Court . was right to Blackstone laid it down, that where a person was in- confine him (the Attorney-General) strictly to the dieted for an assault, if the prosecutor *as the first libel. He begged, however, that the Court would assailant, the defendant was entitled to an acquittal.. recollect all theerile slanders the defendant had uttered Now, if such was the rule in an actual breach of the —the most gross and vile that had ever fallen from peace, or even in the case of murder, should it be de. the mouth of man, when they came to pronounce sen nied in a case of libel, which had only a tendency to fence. He begged that they would recollect how the a breach of the peace ? Who then, he asked, was defendant had conducted himself towards the prose the aggressor in this case, or who had given the. cutpte s ead how the Attorney-General had conducted greater offence ? Mr. Finnery wes..frocceding to himself towards the defendant, and would deal with .Ht allude to a publication relative to hißi Morning him accordingly. Even according to the Defendant's Post, when es, • own account of himself, however, he had been a con• Lord ELLENBOROUGH remarked, that there was ,acted libeller in Ireland, and he was now found to hardly an observation the defendant had.made which. be a libeller in this country also. When this was the was appl:calee to the present case. It the defendant description lie gave of himself, Was there wonder that did not churn to confine himself to the 'matter (adore , lesho* not be wished that such a person should re the Court, they would be under the necessity of re.: tpain with our army in Walcheren, though he (the mending him till next term. Attorney General) did nut conceive himself bound • Mr. Finnerty said he was present when Gilbert w state all the reasons which led- to that measure i* Wakefield made a speech in that Courted three hours' But wits he entitled to libel and arraign the conduct length. The Court, however, might dispose of hirer of Lord Castlereagh, on conjecture; or was be en. $s they pleased. He was now, if they wished it s titled to complain, because it was not thought proper ready to close what he had to say. that Peter Finnerty should remain with the army ? , Lord ELLENBOPOLGH said he might proceed. • Particularly, was he to be suffered, when called . here Mr. Finnerty then offered a statement as to what for judgment, to heap on the head of the prosecutor bad been done to himself in Ireland thirteen years all those libels he had vomited forth to-day ? The. ago ; as to grounds on which he purposed to justify Attorney-Geveral did not, however, complain of the the opinion he had stated ; as to the Government of lenity the Court had shown to the Defendant, or that Lord Castlereagh in Ireland, and different authori- be had been suffered to load the prosecutor with all ties on the subject of Irish affairschtring that period, but these calumnies. But why did he not complain he o was informed that these things could not be assumed. Because nothing but his own sense of decency could He then proceeded to consider the punishments with prevent him from doing so, and if that did not pee. which the Court bad been in the tise at different times vent him which alone could, be must be visited. with of visiting the crime of libel. In the time of Philip a propoitionate punishment. It would all be for the and Mary, a libeller against the Government had considdetion of the Court in apportioning the puni , !l inen sentenced to imprisonment for a month, and m ment, to look at the spirit with which he published pay a fine of £lOO. In the reign of Queen Eliza- the libel, the spirit with which he allowed judgment beth, a similar crime had been punished by impri- to go by default, and the spirit he had manifested to sonment for two months, and by a fine of £200. day ; and for all these they would measure out a pro- Even in modern times, Mr. Herriot, for a libel on Jortionate punishment. To attempt to aggravate the Earl St. Vincent, which was both seditious and false ' guilt of the defendant would, indeed, he ineffectual. —whereas the present libel was not seditious, and 'Whit he had said to.day was quite sufficient, and was strictly true—was sentenced to six months im- greatly exceeded the original libel in malignity. His prisonment. In the case of Draper there was no pu- I passion for injuring" Lord Castlereagh had surpassed nishment, and in that of Blagdon, it was imprison.. the desire which most men feel on such an occasion ment for a short period. He was induced too, to no- Ito benefit themselves. He seemed like a man reek. tice the kinds of prisons to which it had been custo- i less of hti own life, if he could thereby deprive marts to send persons who received the judgment of ; another of existence. He had heaped upon him evert. the Court. For his own part he would suffer death I thing which could render him the object of ignominy rather than be sent to a prison under the care of the ; and disgrace. It was for the Cnurno say what for such Middlesex Magistrates, conscious that a lingering : aggravated conduct, should be his punishment. The death must be the result. He again declared, that ' Defendant had addressed their Lordships on the sub he was innocent of every intention to write a libel ; ; ject of punishment , and had called on them to send and if he should be told that no person was entitle ' him to a particular jail. He (the Attorney-General) to plead ignorance of- the law, he must answer that lipped, however, the punishment would not he oa this was a law no where to be found, and to which. fined to imprisonment ; but would be such as should hhe rule of ignorantia legie non excuse did not apply.—' mark the opinion of the Court as to conduct such as There was some excuse for his ignorance of a law in • that which the Defendant has this day pursued. He their interpretation of which even the Judges them-t, did not call on the Court for an unreasonable degice selves so completely differed from each other, and lof severity. He only begged of' them to look at the even from themselves. His Lordship must recollect' nature and magnitude of the offence for which they bow widely be elle the present Attorney-General had:: were now called on to measure out a proportionate differed from each other ine the recent case of Mr. I punishment. If it did not exceed.alllibels they had Perry, as to what constituted a libel. After some . ever under their consideration, then the punishment further observations, the Defendant concluded by ! would be less than he expected ; if it did, the Court assuring the Court that where he had erred, he had ' would feel it to be their duty to visit it accordingly, done so from ignorance, and not from any disrespect : tempering, as they would never fail to do, justice with to the Court, or to the law of the land. He had suf. mercy. . fund grievous provocations, and he was now in em- i Mr. GARROW shortly followed on the same side. bayrauments which he could not describe to the : chiefly urging on the attention of the Court the had Court. , Every thing he had to expect depended on : use which hid been made of their Lordships' indul. his Ownesertion; but still he must bear up against : gence granted on a former day. misfortunes. Even in the dungeon of Dionysius, could • Mr. Justice Geosr then pronounced the judgment such a place be found out for his reception, he would . of the Court in nearly Om following terms :eel , Peter ' not purchase his liberation by exchanging characters Finnerty—You are t 3 receive the sentence of this with Lord Ceitlereagh. Court, upon an indictment charging you with having The Arriiat:Er-Gaxastat. _said, he had beard the composed and published one of the most-inflammatory speech just made by the defendant with regret, and libels against the Lord Viscount Castlereagh, as one a considerable part of it not without disgust. He of his Majesty's principal Secretaries of State, that knew that the Court were anxious to, hear any thing the envenomed pen of malice could put upon paper, that a criminal' brought to their bar for. judgment in respect of a gentleman of his rank and situation its thought could be of service ;it) him. He knew how the country :—.4 this libel we must deem you to be I long they had abstained from checking the defendant the.composer, for upon the indictment it is so charg. even in the statement of highly irrelevant matter. —. ed, and by your snffering judgment to gh by &Inuit, He also knew that they-would be inclined to view yno have admitted the fact. Upon the precise nature his case with a merciful consideration, which his con- of it I have had so lately occasion to comment.. in duct did not deserve. • There was no person, how- giving the judgment of the Court on another offen. ever, who heard the defendant, but must see that he der, that I need only repeat, that that which was an had been actuated. thioughout by a deliberate pus- offence in him, must be a still greater offence in you, poae of vilifying and calumniating the prosectileir.— the author ; and whether we consider the ceps taken That he was resolved at every ea pence, fierfar et nepe, ,by you, preparatory to the publication of this libel, to ruin the character of Lord Castlereagh. This, or the malignant purpose of taking those steps, and too, it was obvious, he did against his own knowledge sending it into the world, nothing can he devi ei cf the feet. He repeated it, againsthis ownknowledse much more studiously libelous, base, cruel or mains. of the fact. He did not assert this unadvisedly.— ! pant, than this offensive publication. As to mit* . e. When it was known, however, that Lord Castlereagh eion, we in vain look for any thing like it i the whole did not begin to have any concern in the Government of your conduct seems to shevi your haiing proceeded of Inlaid till March, 1798, and the circumstances with a cool deliberate- intention to commit the crime imputed to him by the defendant were seated to have charged upon you { Awijn what has passed this day, occurred in 1797, he was well warranted in saying we are sorry to find nothing like e sense of your offence, so. Could any thing eke ;wire disgraceful, could any or any thing like contrition.. I have stated that the thing be more destructive of liberty, . which the-de. whole of this subject. has been lately • before us.,—lt '-- ere sau d e 4 to esteem s o highly. titan the con r has been so lately before us, and is so fresh in our me- af mniy, tfiatire have to diltculty in paging upon Te l . without further deliberation, the sentence of the l, ,s and, accoidingly, this Court doth order and adjuti., T p, that for this offence you be imprisoned in his M aje ,w s Geol. in the County of Lincoln, fur eighteen ch - nent months, and that; at the espitation of that time, )(. 0 do gist security for your good behaviour for rive years,• yourielf in £slO, with two sureties in c 2:() each ; and that you be further imprisoned ia the said Gaul till such security be given. And that you he % the mean time committed to the custody of th... shat of du. Ni.irshalsea its execution of your senttnce." NEW SIIERIFFS Ids IREI.4ND, T_ T! DUELLN .7 CASTLE,. JAN. 2...-.-.1711$ Grace the 1.r t ,1 Lieutenant hAs been pleased v.) appoint the foilism gentlemen to be High Sheriff's for the ensuing year County of Donegal—Andrew &moisten, of Sort. Psi. Meath— . -C. Arthur Tiadall, of Charles Fort, Esq. 'Mayo—John Ormsby, of Curtner Abbey, Esq. Mown—Wast. Sharman of ['meadow!, Esq. Queen's County—i.. dreedall,,of ityna, Esq. Westmeath—R. Portion, of Hunt:neon, Esq. Louth—Right Hon. T. H. Poster, siCssiltm, Galway—John D'Arcy, of Kiltettlab, EDINBURGH, FEBRthizer 4. I This day e2me nn i before the High Court ofJusti. ;, ciary, the trial of Gavin Simpson-, late operative cotu ' spinner at Port D❑ndas, accuced of sm assault, wilt a view of compelling close workmen, who w e re . to serve their masters, to enter into an illegal con , : racy or combination. On 'account - of an error indictment, the trial did not,proceed ;. and g}e tier was recommitted to prison, till served with a :.:. v indictment. The gold medal given annually by the gentlemen of the Dtiddingston Curling- Society, .to th e • v i ctt -, was played for on SAttaislay - last; and , after an excel lent contest, gained by Mfr. Jsmei ' Muir, prea c h er , 1 Clydesdale player. • .. : -‘. Thursday, a young man, a wright l having fail e d in an attempt to split a piece of hard Weald,. blew it up with gunpowder, but, unfortunalely,.wai struck wita so much violence by the .splintirs, on the head 'and breast, as to occasion his death nest morning. Early on Wednesdav morning; as tie caftittelong ing to the Lanark Mills company were pioCeedin z; from Glasgow, the principal eareier st' pped 1 , :- : little to settle with the toll-man in the Gallowg ~ ; and, on coming up with the - carts, he diicoveird C. 4t a box, containing £lOOO in notes; 'had been ..t:- stracted from, one of them. Suspicion having n , : , : . rally lighted on the carter, he was apprehended, a',.l confessed that he took off the box, and tossed it ev, r a hedge, where his father and two other accomplice: were in wahine , . The whole nf them are now is custody ; and almost all the money was found on tl:e father, who was apprehended on Thursday at the 1 Yoker Toll.• - * _ 1 _Wednesday sennight, a fine girl, ibeut four years 1 of age, in Gallowgate, Glasgow, accompAnied the servant girl to the coal cellar with a lighted candle; 1 the servant having occasion to go ha to the liotw, left let in the cellar till she should return ; hut before she got this accomplished fat:hough only a few 1 notes abient) the candle had set fire to the .::!;:d 's clothes, and she was found completely enveloped In flame, and was sp shockingly 'burned, that she dial in 31 hours after the accident. Friday last, a slater fell from a house-top in Leith. He was immediately brought up to the infirmau, but did not long survive the accident. At a marriage which took place a few days age, not many miles from Glasgow, there were present, ad related to one another in the following degrees—C fathers, I father-in-law, 2 husbands, 2 wives, 5 uncles, 2 sons, 2 daughters, 5 brothers, 1 sister, 2 nephews, 2 nieces, 9 cousins, 1 son-inlaw, 6 bothers-in-Les, and in all only 12 persons. While lately repairing and new-seating the church of Inverkeithing, the workmen, while Vernovic r ; I some ruhhiehlying, within the adjoining steeple, ci:), covered, and carefully dug out.. the baptismal fon:- stone which had been used - id - the Popish service, art been hid there at the time of the Reformation. I: 's the figure of a hexagon, is quite entire, aid is a bc ,, s• tiful pece of workmanship. The heieit of ir. is feet, and upon its pedestal is three feet and nine inc' -; its breadth is three feet and six inchmand the cli.lnl.- ter of the basin is two feet broad, and oho f •ot ,i ..;•. 4 V 1 ann each of the FIT' sides there is 1:2 fi gure (:* .1 .. i ' • ' angel,-tvith vtiranded vings,.and enclosed estende3 hands is a coat of arms fme.ly wzr. , ??;:- 4.1 , one of which is the royal arms ef Scott Ese•nce not etactly known, end most ; I;t y to some of the ancient and noble ftinifics !'..7 txurhOod at the rern , :e period *lien t7:r c'1••• • originally bolt. This stone is stin.,7”sed t:. greatest curiosity of the kind in Sc-tl4-d, set:l.es the notice and attention of antitput • •4- At Linerqn, on Son Jay se'noir,:o. the in tivt leaA degree by stn wind ei:!l2r ► day or two hefore, roz to an extrAor.:;:. • nnO;led some low streets in the within six inches of t:le rep o• sn”!.: e bank in the parish of Fosc . iyke—eacilini . r alarmaninegl-t persons resident nt.:”. c I. lately witnessed its. cicvastating actually neer peer its barriers. The Fr! and Livertnu * St* banks were.als , " ntsnlv T4.t . F At Colrey ou the 2 i:b tie I ae.y of i':•:•*:k Mesa, E.c. of a soa.' . MAkRIED, Wedtte4Ca-, at St. °tole - 's,Xsanca r spar-, t!:e 1 . 7 r: WaLprste, to carctl•ne„ yrsteir•ot datterte r of r!..,.• late re , • •. Esq. nt.e of the Jud i e o. e t e Supem • Court r•r D!1•1?. • Oa Saturday the ca heat. rt finmertnn, junlur, aged I/I . year% grand , on (,1 r•.hrard Kay F .•;. eltester, hunker; a IjAmtli of great promise, aa•l lc*: • most sincerely lamented be ail ssbnlneiv !tir•. At Berwick, on tat. Mrs, A , ':trt•M. wire of C 7: 7 Adruson, Payr.:atrer•ut the Al•erl••trshire hid:•lt. On the COth Wt. at Donaghatier, 'he Rev. .111/IP3 rectan• nf Datraah, county. of Weifonl, in the 31th yr: r _ • .1 04+:0 KROVO . Sun rises II Sun s.-ts, !upon ri.ro.. 1 1 11 tuintti% after 7 I4n miiilneA ittliv '4 I "° r+-1,••••c I HIGH WATER AT Ib:4MM EatliX:r. ti)414014.10)';. Morning .. 49 minute ; arer Alrahrak: s ft() fri.vsrei after LONIX/24 IPrinied andpuhlimited LIV/1.1"..k NT, nt % ;"r . Orint, Va. Caker-smet,, and t Cu. toifico, • . '. ••• V 'V IF 4 r. • psi i Via est+ teal silny 'Pro to Wa 0 . 4 Ake . I CO Per Ha r COI In 1 row dor 41=101• t] yet, .. 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