Star. — London, England, 1819-11-18 00:00:00

i , f` .0: • i • . ' ~. 1 r i I • • • 1 ii LAW INTELLIGENCE, . COURT OF KING'S BENCH, NOVEMBER rt. THE KING V. RUSgELL. Mr. CLARKE prayed the judgment of the Court on Joseph Russell, who had been convicted at the War wickshire Assizes for the republication of an alleged blasphemous Parody on the Liturgy of the Church of England. The prisoner was then placed before the Court; after which, The LORD CHIEF JUSTICE read his Notes of the • Trial, and added, that when the Jury returned a ver dict of Guilty against the defendant, they also re commended him to mercy. When called upon by the Court, the defendant then put in several affida vits in extenuation. Some of these set forth, that he was led into the republication by others, and that he was not aware, at the time, of having acted contrary to law. There was also an affidavit put in on the part of the prosecution, in which it was stated, that soon after h:.; trial, the defendant had republished the Parody, and prefixed it, under the title of a dedication, " Te fire Shade of Freedom," a gross libel on the Magis tracy and Government of the Country. When this affidavit was read, The defendant called the attention of the Court to a paragraph in the publication itself, and requested. that it might be read. It was read accordingly, and , contained the assertion of the defendant, as to the ne cessity of a strict inculcation of Christian principles iu the minds of the people; and added, that, in con-. sequence of his unwillingness to publish any thing tending to bring religion into contempt, he had only republished the political part of the Parodies. ' He then proceeded to address the Court, which he did at some length, occasionally referring to some v :ittcn documents 'which he held in his hand. He b. ran by asserting that he had no evil intention in doingthe act for which he had been convicted ; and added, that he was led into it by the agency of atm ti:er person, and by some pecuniary embarrassments. ie did not mean to complain of the verdict of the Jury in his case; but he thought it rather , ingular that he should be so eagerly prosecuted for what had already been declared by the verdict of a Jury to be innocent. It was s i ngular that the accessory should be declared guilty, and the principal acquitted. Mr. I!one had been acquitted for the publication of the same Work for which he had been found guilty.— Ise next advei ;ed to the great trouble and pecuniary loss to which lie had been already put by the delays which had taken place in bringing on his trial. He had been 061i:zed to conic to London from Warwick shire duce or four times, and was also at considerable expense and trouble in making inquiries into die cha racter and opinions of the Gentlemen who were re turned as Special Jurors for the trial of his case; as he understood that he might, if he chose, strike off certain names. Information on this subject he was obliged to sack; for their Lordships knew, that in pci!itical matters o,,inion was every thing. When, as he had been led to believe, his trial was about to be brought on, he was informed that he might go away, a., it was not intended to go on with it at that time. Ile was afterwards led to understand that it v ald be dropped, and heard nothing more of it till the last Summer Assizes, when he was unexpectedly brought to trial. At that time only one of the Special Jury was in attendance ; and though he might hire avoided it if he pleased, ha prayed a tales. He was con victed, but he trusted that his Lordship (the Lord Cl.ief Justice) had a recollection of the impression which the whole of this cage seemed to have wade upon the Jury, for they strongly recommended him to mercy. That recommendation, lie had no doubt, their Lordships would consider on the present occa sion. He also complained of the circumstance of bail having been refused for him in Warwiekshirs, a short time back, when he was charged with another libel ; and of having the indictment removed into that Court, at a time when it was known he was about to receive sentence for another offence. • That, however, he was sure their Lordships could not take into considera tion when passing upon him the sentence of the Court. He further added, that he was but a very poor man; that upon meeting certain losses in his trade, he had delivered up the whole of his property to satisfy his creditors, and that he had a wife apd children to support. The whole of his Address was delivered in such a mild, unassuming, and submissive manner, as evi dently prddueed a favourable impression on the Court. Mr. CLARKE replied in aggravation of punish ment, and contended that the defendant was not en titled to aiv i eniency, having republished the Parody at a time when he must have known, from the opi nion of the Learned Judge who had presided at the first trial, that it was a gross libel. He had also re published a part of it, after his own trial, with a pre- face equally libellous. Their Lordships then consulted together for a short time, after which Mr. Justice BAYLEY proceeded to pronounce the sentence of the Coma. He began by observing, that the defendant was there to receive the sentence of the Court. After having been convicted by a Jury of his Country, of publishing a gross libel ; and as the Indictment had charged it, not only a libel on the Liturgy. a part of the Holy Service of the Church, hut also against the Houses of Lords and Commons, , by representing to the People that they were op pressively governed : after reading the whole of the Work, there was no man who seriously reflected for a moment, who could doubt that it *as a gross libel, and one of a nature which it was the duty of the Court towards the Public to put down ; after the reading of that production, there was no one who nr:glit hear, in Church, the excellent Prayer of which it was a gross and libellous parody, whose attention might not be distracted and diverted to thoughts which should not be entertained in such a place.- 71:e defendant had observed, that it was singular, - the acqUittal of Hone, that he should be tried same Work ; but it should be remembered, fury, in every case, should only go upon the before them;. and if the argument were raid , would hold equally where a conviction had on the first trial, and an acquittal iu another: Jury were not to be told in the one case, that ought.to condemn because another Jury had guilty ; not ought they to be reminded to re- verdict of not guilty, because another Jury . . ' . fa:f the rtn: 2 that a Ju I ' l evidence t) at all, it ensued of for the Ji they ou2 found gu a ye . • • had acquitted for the same offence. His Lordship then adverted to, and regretted the delay which had occurred in bringing the defendant to trial—a cir cumstance which he had no doubt. had occasioned him considerable trouble and expense. He lamented extremely that the Gentlemen in Warwickshire, who had been summoned to attend as Special Jurors, had neglected to do so, for he conceived that that duty was one of the charges upon Property which ought to be enforced. Mr. DENMAN here addressed the Court, and hav ing apologised for interrupting his Lordship at such a moment, begged to observe, that the trial was not delayed in the first instance by the non-attendance of the Special Jury ; but the record had been withdrawn before it came into Court. Mr. Justice BAYLEY continued.—Then, if so, the observations he had made would not apply to that case, and he knew of no other ; but in any case of its occurrence, he should have felt it his duty to have made the same or a similar remark. With respect to the losses and trouble which the defendant had been put to, and the circumstance of his having children dependent upon him, the Court felt and re gretted it; and it would perhaps be a useful lesson to persons in the situation of the defendant, to make their children a surety for their good behaviour. His Lordship then observed, that the Court were particu larly inclined to treat the defendant in the most lenient manner, but it was to his own conduct, in having republished part of the Parody, with the pre fatory Dedication, that he should owe whatever he should now suffer. The recommendation of the Jury, taken with the other circurnstarces which had been urged by the defendant, had certainly great , 1 weight, but that was in a great measure lessened by his subsequent conduct. The libel was a gross one, and it was the duty of the Court to protect the Pub lic from the effects of such writings by punishing those who gave them publication. The sentence of. the Court was, that the defesilant he imprisoned six months in the Jail of Warwick, and that at the end of that time he give security, himself in the sum of cm), and two others in the sum of £lO each, that he keep the peace for three years; and that he be fur ther imprisoned until such security is given. Mr. WALTON, who had moved, on a former day, that the defendant be b:ought up to plead to another indictment for a libel, now asked whether the defen dant should not be called upon to give bail to that indictment? The LORD Cutzr JUSTICE said, that the defendant might now enter into a recognizance himself in £lOO, and that at NVarwick, where it might he more con venient for him, he might, at the expiration of his sentence, get two persons in £5O each, to appear to the indictment when called upon. his Lordship ad ded, that lie could not avoid, on this occassion, ex pressing his regret that the defendant should have, by his subsequent conduct, obliged the Court, in some degree, to neglect the merciful recommenda tion of the Jury, which they were most anxious to attend to. The defendant, however, had only to blame himself, though, as it was, the Court had, in their sentence, taken the recommendation int' con sideration. The Clerk was then about to take the recognizance of the defendant to appear to the other indictment, and had read in the usual form, " You acknowledge to be indebted"--when, The Defendant, interruptirg him in rather -a de sponding tone, said—" I acknowledge nothing : I am imprisoned for life !" He was then removed from Court in the custody of the proper officer. CRIMINAL INFORMATION. Mr. SCARLETT moved for a Rule to shew cause why a criminal information should not be filed against the Rev. George King. The ground of this application was the affidavit of a Mr. Gardner. The affiJavit set forth, that the deponent and his wife kept a respectable boarding school in the neighbour hood of Ashby, in Lincolnshire, close to which the Rev. Mr. King had a farm and some glebe land.--,‘ The farm had been let to a tenant, with whom Mr. King becoming dissatisfied, wished to let it to an other, and mentioned the circumstance to Mi. Gard ner, with whom he was at that time on terms of inti mate acquaintance. Mr. Gardner proposed a friend of his, and several interview; took place on the subject. Some disagreement however occurred, and the nego elation was broken off. Soon after this, Mr. King wrote to Mi. Gardner a very insulting letter, in which he taxed him with swindling, threatening to accuse and expase him whenever and wherever they met, and used other language calculated to incite Mr . Gardner •to a breach of the peace. Upon this the present application was made. The LORD CRISP Juartce said, that Mr. Scarlett had urged enough to induce the Court to call upon Mr. King for his-answer. Mr. Scanlan. remarked, that probably the grant ing the r ule to shew cause might be sufficient to in• swer every purpose,Rule to shew cause granted. Just as their Lordships were about to rise, a per son on the floor begged th a t h e m i g h t b e allowed to make a motion. It was, he observed, against an At torney of that Court. The COURT intimated its willingness to hear it, and the applicant was proceeding, when the Court re quested that he would briefly state the nature of the motion, in order that they might know whether it was within their jurisdiction. Mr. Pitt (the applicant) then said, it was an appli cation against Robert Blake, an Attorney of the Court, and would conencle with a motion for a rule to shew cause why Mr. Blake should not give secu rity for the safety of his (the applicant's) person. The COURT said, that if such was the nature of the complaint, it should be preferred by exhibiting ar ticles of the peace aga i ns t M r . Bl a k e , an d asked him whether be had such articles ready? Mr. Pitt said he had not; but he had an affidavit to which he earnestly begged their Lordships atten tion. It was against an Attorney or Officer of that Court, and one whom he presumed was amenable to their authority. The Loan Came hurries said, that they. had no controul over an Attorney of the Court, except it was in such acts as arose out of his business as an Attorney. The affidavit was then allowed to be read. It was in substance to this effect s—That the deponent, Charles Pitt, had gone to Arundel, in Sussex, in 1 • Oc tober last, in o r de r t o b e present at t h e e l ection of Members of Parliament then about to take place 9 • that Robert Blake, Attorney, ORS there also, and with , the intention of offering himself as a Candidate to' represent the Borough in Parliament ; that on his (the deponent's) arrival, a bellman was sent about the Town, to caution the People against spies and in formers, acrd according to deponent's information and belief, was employed by Mr. Blake, or his agents, and that it was intended to excite the People against him, the deponent. That at two or three other periods in the same month, he, the deponent, was followed by a mob, headed by one Squires, and put in bodily fear, and obliged to consult his safety by flight ; and that, according to his belief, that mob was employed by Mr. Blake, or his agents, and that some of them are, still in Mr. Blake's employment. It concluded by praying the interference of the Court. The COURT informed Mr. Pitt, that there was no thing in his affidavit which could warrant their inter ference. The whole of what was sworn was as a matter of belief, or of hearsay ; and nothing affecting Mr. Blake was sworn positively. Their Lordships after wards intimated, that if Mr. Pitt was in fear from Mr. Blake, he should proceed by exhibiting articles of the peace against him, founded upon such facts as he might be able to adduce. Mr. Pitt thanked their Lordships for the kind at tention with which they had heard him ; and said, that he would take an early opportunity of again calling their Lordships attention to this matter. Tuesday, immediately after the sentence was pro nounced on Mr. Ca RULE, a writ of kvari facias was issued, to take possession of such of the defendant's property as could be found upon his premises, in Fleet-street. In an hour afterwards property to the amount, as is supposed, of 12600,- was taken in part satisfaction of the fines imposed on the defendant ; and . yesterday morning the Temple of Deism was completely closed. Crowds, however, at times, col lected round the door. Somebody had placarded a printed paper, with an obnoxious inscription ; in tearing down which placard the beadles were much interrupted and hooted by the populace.—Yesterday morning, at four o'clock, Mr. CARLILE was taken from the King's Bench, and forwarded to Dorchester Jail, to undergo his sentence. SBADWELL.—Yesterday, Michael llrown, of Rat cliffe-Highway, a vender of Sunday Newspapers, appeared to a summons, charged by W. Simms, con stable of St. George's in the East, with a profanation of the Sabbath Day, in having placards hung out side his door, specifying the contents of a Sunday Newspaper. The Magistrate said, that the defend ant, by hanging out his placards, not only commit , ted a breach of the Sabbath, but also interrupted the footwey passengers, and became liable to a pe nalty, under the Metropolis Paving Art, of forty shillings. The defendant was convicted in the pe nalty of five shillings and costs; and he promised the Magistrate that he would not offend in like man ner for the future. DA NINO RODBERY.—Sunday evening the follow ing impudent outrage was committed at Temple-bar, in the presence of at least fifty persons :—An elderly Gentleman stopped at a fruit-stall, and purchased some nuts, which he requested the vender to pour into his coat pocket, fur which purpose he turned round his skirt, holding his umbrella in the other hand. A thief, who was passing, gently seized the umbrella, and making a halt bow, ran up Ship-yard with it, leaving the owner so confusedthat he could only say, " Why, I declare the man has got my um brella ;" without attempting to make the least pur suit, till the fellow had got clear off. SUPPOSED MURDER IN ST. GEORGE'S•FIELDS.-- Bet Ween nine and ten o'clock on Tuesday night, as the pot-boy belonging to the Royal Mortar public house, in the London-road, St. George's-fields, was out serving his sapper beer, in crossing a• piece of waste ground, facing the Philanthropic Asylum, and between that and the Borough-road, he discovered a man lying on his face in a stagnant pool of water, close to the path side; the boy immediately informed the next watchman, who repaired to the spot, and procured assistance to carry the body to the Royal Mortar. Mr. Cherry, the landlord, supposing he might have fallen in a state of intoxication, and that from the body being then warm, there probably was life, sent immediately for a medical man, who at tendedinstantly. On washing away the mud and filth from his face, it was'discovered that he had a dreadful wound on his throat; it appeared to be the stab of a sharp-pointexl broad bladed knife, in the gullet, which was ripped up as far as the point of the chin. From the nature of the wound, it was supposed to be impossible that he could have in flicted it himself, although it did not appear that he had been robbed, six shillings in silver, and eight pence in copper, being found in his pockets. He appears to be a countryman, about forty years of age, -dressed in a new smock frock, striped cotton shirt, and a red silk handkerchief tied round his neck ; he had on also, a new pair of shoes, yarn stockings, and corduroy breeches. The pond has been searched, but no knife or other instrument was found. It is reported that a man was seen carrying a body on his back across the field, and on reaching the pond threw it in, and, owing t the darkness of the night, effected his escape. The body lay exposed to public view the whole of yesterday, but remains still unowned. A box was stolen from the Liverpool Mail Coach, on Thursday last, between Congleton and Litchfield, which contained valuables to the amount of one thou sand pounds. Monday se'nnight, several young men, natives of Sherburn, attended the fair at Aberford, and met with Richard Coverdale, the Gamekeeper of a neigh bouring Gentleman, at a public-house in that town ; a quarrel there unfortunately occurred, and several violent threats were uttered by the irritated young men. About midnight, however, they proceeded on their way home, and seem to have loitered on the road for the purpose of attacking the gamekeeper, for on being overtaken by him, about two miles from Aber ford, one of the young men struck him on the back ; when Coverdale drew from his pocket a loaded pistol, and shot William Hawkins dead on the spot. This dreadful occurrence having taken place, the compa nions of the unfortunate man conveyed the lifeless body back to Aberford, where a Coroner's Inquest was summoned. The Inquest was afterwards ad journed, and we have c onse q uent l y not yet h ear d t h e verdict.— York lirrald. ' ROYAL Hant.—Tuesday the Royal Stag Hounds turned ont a fine deer for a day's diversion, at font. On Friday they will turn out 4 Slough. IRXLAIVD. FORTUER PARTICULARS OP Till IfURDU or JIM JOHN NULQUEEN. It is with extreme concern we state, that on , day night, between the hours of eight and nineetl the Rev. Joint MULQUEEN, Parish PrieNt of R 2 l vana, in this County, was murdered.on the hint' between Kilmalloch and Bruff, by five inen; particulars which have come to our knewleth that this worthy and respectable Clergyman his return home with two men, after attending at bedside of a sick parishioner having met Eve -- men on the way whom he knew and had passed by, he said to his attendants, " Do you prover wards, while I remonstrate with those men on impropriety of such conduct." He went back, after a lapse of a few minutes, a shot was fired, v.' induced the two men to return, when the recline spectacle of his murdered corpse, on the road, rented itself to them. Three slugs had entered his b; —An Inquisition has been taken, and the Jury returned a verdict of Wilful \larder. A very reward is offered for ate apprehernion of the bk, thirsty villains.— Limerick Oironwle. Rewards amounting to 5001 . are offered f or perpetrators of the mur d ers o f HENET ST. Get and JAMES Tow sum), in the County of common, last week. e East-Lor.,lcn eicwviEe T t:n; h irtn c hg i ve r .i luitstoTeuydahaleltrie were recd wed H i D :ly,il i ta i irl k e : a::o. a dr‘d n o‘:tel d difoe die affection h i aT t it c oue h tdr :. : their Royal Ilighue,sesset:med highly the Performances throughout. The Royal Party conducted to and from their carriage by M . Rat. COVENT-GA R nEN TP e.—Last night, aft- Tragedy of Fazio (in which Mrs Bu%N ar.l K ENIBLE sustained the characters of Biaaca arall with great effect), a new Interlude was product the first time, entitled Ildoless Animals, the„ which is briery as follows:—An old innkeeper ill-humour) turns all the females out of his hot. supplies their place with men. Among the es: his niece Letitia, who retoras disguised as a shire Boy, and undQuakas the business of , keeper, cook, &c. &c. A sapper is ordered !, country club, and the malicious damsel coati , spoil the repast, by boiling a sucking pig inste roasting it, dressing tripe in sita;:tr, and sec% oysters with brown sugar! The innkeeper, he being likely to receive some rough wage fiefs guests, Letitia throws off her disguite, ~nd re a very obvious truth—that the " Lords of the tion," without the aid of the gentler sex, are, title has it, very " helpless animals.'" The acting, ticularly that of Mrs. DAVISON, was of the ). scription. The Overture and other music ate esi ingly pretty, and do much credit to the to science of Mr. PARRY. The popular air of ' was introduced in the Overture with the happier E LOrESIENT.— Monday night, about twelveo'c, a young Lady, heiress to a very considerable r. and only daughter of a Member of Parliament, eli from her father's house, at the west ead of the in a post-chaise and four, with a young Gene, the third son of a Clergyman, ii. Surrey. NI of the parties has attained the : , ,7e of '2l; the r Gentleman had only recently returned•home College. . The family of the Wrrmgheads may be .seen d; driving into the west end of the town, from ti seat in the country, with Scrub seated on the dick A Little Dialogue on a Great Begirt—" John, what news in the fashionable woi.lo"—ii Sir, there is nothing. new of im: , ortance: what I most spoken of is an article that is as fashionable it was many years ago."—" What is that?". ROwLAND'S MACASSA R OIL, for promoting Growth of Hair, and giving it a beautiful and e gant appearance."—" Why, truly, John, I havf: , :c 'great benefit from Messrs. Rowlands' discovery , is of great celebrity; but the last bottle I pure' . does not appear genuine, look at it."—" Oh, Sir, this is not Rowland's Oil—it is an imitatic: cheat: the only method to get the genuine, is t • for Rowland's Macassar Oil ; and to notice that bottle is signed on the label, in red ink, A. Re and Son."—" Thank you for the caution. I bel,. Messrs. Rowlands' have another article which ha: I Eeat sway."—" Yes, Sir, they have: it is cared SSENCE or TYRE, for Dyeing the Hair ; and rear .7 it has great merit. I have known several person: hair completely changed: indeed, there is Mr.- 7 -, whose hair was as red as a fox, is now complete., black, by the use of the Essence—but it requires same caution in purchasing as the other." Early on Sunday morning, Shottesbrook Lodge, Bucks, the residence of W. R. PEPPYS, Esq. was covered to be on tire. The flames were fist seen .3 the Northern wing. The fire was occasioned 13Y; beam which passed from the kitchen and laundry into the servants' room. The flames v,•.!,-e subdue! 'in time to save the Northern and Eastern w i ngs. EXTRAOkIaINA KY CI RCUMSTANCE.— Outing Le late Fair at Collumpton, two watches were stolea, one silver and the other gold, from Mr. ‘,l"utras - , a watchmaker, of that town. The usual means were resorted to, as in cases of that kind, for finding out the perpetrators of the robbery, but without effe, , -t. On Friday a man (a stranger) who was seen in t , c Fair, chanced to be again in the town, and called at the Three Mariners Inn, where, shocking to rele-e , after being there hut a few minutes, a rupture cf a blood vessel caused immediate death, when, onest . mination, was found upon him the gold watch, .. aquantity of base coin. DIED. At Edinburgh, on the 4th instant, Miss Janet Cami:e.• daughter of the deceased Neil Campbell, lisq. late Colle;:orti the Customs, Oban. At his house, near Cupar, in Fife, on the 7th tilt. Dr. J 3113 Govan, physician In Cupar. At Riccarton, on the• 7th instant, Jean, daughter of J;E° Gregg; Esq. Town Clerk of Kilniarnock. At Trenton, New Jersey; on the 22d September la:, ..4.a43 1 Gray, Esq. of Craigs, Dumfries-shires I t o October 22, Joseph Lyon, caterer to the art of Dtrby . ' unfortunately fell from the imirket.cart in Pres.:at-road, edited so severe a hurt la his back, that be survived ouli a el short time. ' • !JIG ti-wATEK.“ LONDON BRIDGE Tamogibl• Morning . - • It xabisitestiber 3 ' Afternoon . - sp "Tr" Printed imidPublksed bit-ieTtairt) 1 1 6 - Plate, Temple.. Das Or , igh 'age wag ig at • to t i swd treed ad, stl-. oad, hisb; [my I Ty 1:: he fer Gent r of v, tachett Tort' I and . :tior; ;bled 'arty • Rea t, after, Li :At.. ar.ti F. sduzed :e air eper hou.e he exit is a Y of ILI. :red tz: ontieet instezl scollor how e flout ; nd re.L. the C • ire, as • he be,t tte escr t,t , :e 4 itr, I pieste:. 7 . lye o'cla: )le forte- ent, eln,• f the t. ienectr. Nei' the re: some f seen from the dicky. rhat 1 h. hionable a that ?" noting tlt A and ei have i - ca.id ;cnvery—i purchase: Olt, tits aitatien—i e, is to Li e that e 3:: I. Rctv!:•.: I bell:1