Star. — London, England, 1820-01-15 00:00:00

LAP/ INTELLIGIWCA. COMM OP CMANCERT, JANUARY 44. The ca• e of the Attorney-General v. Hartley we% avail resumed this morning, and a great number of depositions v►ere read. The case occupied the whole of the day, but the particulars were of no public im portance. There was no other business before the nor was the hearing in'the case concluded; COURT °FACING'S BENCH, JANUARY- 14. TAYLOR V. MIER& This was an action brought by Captain George Taylor. brother of Mr. William Taylor, formerly irorrietor of the Opera house, against the defendant, n bookseller, of Bond -street, for , the use and occu patina of an Opera-box in the King's Theatre, in . the Haymarket. The case was in substanie this.:—The plaintiff being prtiprietor of the Operadbox in ques.-ton, his Solicitor, Mr. Birkett, having that .and two other boxes to let for the season of 1818, they were all three tendered to the defendant ; and a negot iation h iving been entered into between him a a Mr. Bebb, clerk to Mr. Birkett, he agreed to hire them Cro that season, at the rate of £832 for box Non 40 ; 96'2 guineas for box No. ,511; and a like sum for box No. 21, the property of Mrs. Dunn, a Lady of Mr. William Taylor's acquaintance. The boa No. 20, was the subjeet of the present action, the defendant having paid the stimulated rent for the other two, purstunt to his agreement. Two questions were raised in the cause; Ist, Whether, in point of fact, the contract had been entered into by the defendant, as alleged on the part of the plaintiff? and, 2dly, Whether the defendant was not the proprietor of the *Lox, for which he was now called upon to pay rent? The case on the part of the plaintiff was proved most distinctly by the evidence of Mr. Bebb; and, (.1 the part of the defendant, his shopman, Mr. An eress, was called to contradict Mr. Bebb, and other witnesses, together with some documentary evidence to support the statement that the defendant was not the owner of the box in question. The Jury having beard the evidence on both sides, ,vmed unwilling to bear Mr. MANAYAT in reply, and immediately found a verdict for the plaintiff-- Damages £992. DA COSTA, evialiZlßO, AND ANOTRIR V.PPLAND SON. he chiefly relied: that this Bill expressly said, that, in future, the Jury should not berequited to find the defen dant guilty, merely on proof of the fact of the publi catkon, and of the sense ascribe.) to it in the indict ment: that the Jur y were to take into their consider ation all the circumstances, and particularly the in tent of the defendant ; and that they were expressly authorized by this Act to give a Special Verdict, which they ought to do, finding the book itself to be a libel, but him (the prisoner) Not Guilty; and, in support of this, he referred to, and read, a long ex tract from a Work of Sir Richard Phillips, the book seller, (formerly Sheriff of London); and he referred to the opinion of the Recorder himself, as expressed in the House of Commons, a few weeks since, in the case of Mr. Hobhouse, when Stodart, the publisher, was let go free. He dwelt also on his having suf fered five months imprisonment, and his being a cripple, unable to get his livelihood in any other way. The RECORDER said, that with the defendant's pro fessions of his intent, and of his zeal for Christianity, the Jury had nothing to do ; that they were to judge of his intents by his acts; that if the Jery thought be bad circulated to the world that which was calcu lated to bring Religion and the Service of the Church into conlempt, he was guilty of the offence charged in the indictment. The Jury retired for an hour, and retained erith a verdict of Guilty. The prisoner was then tried on an indictment for a Seditious Libel, and also found Guilty. There were Au two other indictments pending against him, upon which he was not tried ; and yes terday morning the ROCORDER, in an impressive manner, sentenced the defendant to an imprisonment of nine months in the City Jail, for the Blasphemous Libel, anu six months more fur the Seditious Libel; and at the expiration of that time to give securities for his good behaviour—himself in Ll5O, and two other persons in a 5 each; and to be (Luther impri soned until such security shall be given. WARWICK SESSIONS. : . 'I Tuesday evening, the Grand Jury returned true bills against the following persons: Thomas Wells, for uttering seditious words at Birmingham. Joseph Haynes Brandin, for uttering and publishing a sedi tious Address to the lie,nrmers of Birmingham and its vicinity. John (haws or, Bookseller, for publishing a seditious Tract, entitled,. " Tke Twelfth Number of the Black Book." George Pilmonds, Bookseller, for a Libel es the Magistrates of Birmingh-m. George Hogg, Bookseller, two distinct indictments, for pub lishisg the 12th Number of " The Black Book," and the eth Number of " The Republican." Charles Whitworth, for publishing a seditious Address to the Union Society of Birmingham. These indictments, with the exception of that Against Thomas Wells, have been removed by certio rariiato the Court of King's Bench, and will be tried next Lent Assizes. This was an action against the ,defendants to re cover the price of twenty-fire pipes of Port wine, under the following circumstances:—The plaintiffs, who are brothers, were Portuguese merchants, re siding at Oporto, audited, in the autumn of 1818, transmitted the wine - in question - ti their factors, ii. this country, Messrs. Burmester and Vidal, for sic. The latter, instead of disposing of the wines, in pur suance of their instructions, dealt with them as their own, and bartered them with the defendants for sixty-five puncheons of rum, making up the differ- Tun KING a. MILLS. ence between the value of the latter and the former The defendant, Thomas Wells, was indicted for a by a cash payment. Messrs. Burmester and Vidal misdemeanour, in speaking seditious words. exported the rum, on their own account, to the COII• To this the defendant pleaded Guilty. tineira without rendering any account of the wine to On the Ist of January last, the defendant. with the pktintiffs • and having afterwards become bank- seven or e i g h t o the r pe rs ons, of w hom three or fcur raptt. the Plaintiffs brought the • present action were soldiers, was drinking at the Star public-house, against the defendants to recover the amount of the in Birmingham, and was much intoxicated. The wines; and the question under these circumstances offensive words were Confusion to the King and was, 'whether the defendants were•liable? It was ad- the Government ! If I had a number of men of my witted on . both sides, that the case was entirely new, own disposition, I would lay him as low as a vagrant and the point was, whether, reasoning from anal. that walks the streets." On one of the soldiers say logy to the ordinary case of a factor selling for his log to Wells, that he must not use such language principal, the circumstance of this being a.,barter I while he was present, the defendant added—" D—n transaction, varied the principle on which a factor you and the King toot I cannot curse him, but I could not pledge the goods of his employer? hope Goo may." The CHIEF JUSTICE, in charging - the Jury, sald,i The Learned CHAIRMAN animadverted at some tllat there was no principle of mercantile law mote length on the evil tendency of such expressions, and clearly established, than that a factor could not on the danger that was likely to arise from using plonigt: the goods of his principal. This, however, ' t h em i n public-houses, when the minds of people was n-. a case which fell within that rule. He who were not upon their guard. takes goods from a factor in the wa y of pledge, must ! The Court sentenced Wells to three months' im take them at his peril. Where a factor bona fide sells, prisoament in the County Jail. his principal must be bound by the sale, under what- The Court expressed their approbation of the con ever circumstance it takes place. But undoubtedly t duct of the soldiers, who, they said, had acted very this was not the ordinary case of a sale by a factor properly, and had done their duty. en behalf of his principal, and, therefore, the ques- CHESHIRE QUARTER SESSIONS, JANUARY It. nuns for the consideration of the Jury were-Ist, On Tuesday last commenced the Quarter Sessions, Whether, at the time this transaction took place, the for the County of Chester, before TRAFFORD TRATH defendants had any reason to suppose that. Burmes- , . FORD, Esq. 'Cha irman, and a . full Bench of Justices.' ter and Vidal were factors, and had no right to deal There are nearly seventy. prisoners for trial. The with the wines as their own? for if the defendants proclamation for the Suppression of Vice and Immo had no reason to know that those persons held the rality,. was then read, when the Chairman addressed wines as factors, but, on the contrary, believed that the Grand Jury to the following effect: they were their own, undoubtedly they would not be " liable to the plaintiffs : but, on the other hand, if Gentlemen of the Grand Jery—lt is with extreme they were aware of the real circumstances of the regret I hate to notice the great number of criminal appear to mo, that the cases are such as , :ase, the plaintiffs would be entitled to recover: and, cases contained in th e calendar; and I am sure, in I.dlv. Whether this was a transaction out of the or- this regret, you will sincerely participate; but it Binary course of trade, even in cases where a factor does not require any p articular directions from the Court. ad a right to deal with the good s of hit prin c ip a l as will There are certain . charges, however, which involve fa own? A factor had rl o r ight to d ea l w i t h t he foods of his principal out of the ordinary course of the offences of sedition and blasphemous libels. Lusiness ; and he who de a lt with a f actor , no t audio- w hich w ill, perhaps, require your particular atten- yiied by his principal so to di s po se of hi s property, lion. On the subject of such libels, I cannot, pro way the Jury should find, upon these questions their bablv do better than by reading to you Mr. East's must be liable to all the consequences. 'Whichever definition ' of them, in order the better to direct your cadict must be governed. judgment. (The learned Chairman here quoted se- The Jury retired for about half an hour, and found rural passages - COM Mr. East's work, as to what es pecially constituted a seditious libel, either by writ fcr the defendants. ing or speaking, as by expressions and threats, to EXETER SESSIONS. disturb or overturn the Government; and acts con- At our City Sessions, held on Monday last, before sequent thereon, not amounting to overt acts of high the Maio', WILLIAM COURTENAY, Esq. Recorder,. ,treason, &c.) Gentlemen, you cannot but be ac and the Justices of the City, James nicker was tried /painted with the recent events whick have transpired for publishing a blasphemous libel, in the form of a in this and other Northern Counties—.events which Parody on the Catechism. have thrown an indelible disgrace on all who have Mr. TANCRED and Mr. COLERYDGE conducted the participated in them, and called forth the well-de prosecution.—The prisoner defended himself. -served execi ation of every Englishman, and friend The libel was theft 'proved to have been purchased to the principles of the Constitution. There are, in at the defendant's shop, of the defendant himself ; this country, Gentlemen, a fewanen of desperate for znd the Prayer-book, in the custody of the Dean and tunes,whoaspire at popular consequence, as the means iChapte,g, under the Act of Uniformity, with the great of bettering their condition in life. Having no moral teal appended, was produced. This closed the case or religious principles themselves, their first aim is to ea the part of the prosecution. destroy moral and religious principles generally, in -1 -4'endant expressed his wish not. to trouble those whom they seek to render subservient to their with reading the libel, and it was handed purposes. For effecting this object, the present period but not read. of uncontroulable distress, is seized upon ; supposed !ndant then addressed the Court. He pro- grievances are pointed out, which sever existed, and varm attachment to the Christian Religion, remedies which never can, or •wrere ever likely to that had he been permitted, he would avail, are suggested. The constitutional authorities sited an excellent work, in a cheap form, of the kingdom are then assailed; and Judges, even of it. He did not say a word in defence in the very sanctuary of justice, have been publicly I itself; but merely contended, that Hone, treated with indignity; the law has been ridiculed it publisher, having been acquitted, it was and broken ; its sacred threshold has been polluted ; lect him, the Mere vender: that it was the and the ancirst institutions of this proud country, lo ought to be made responsible; and that have been reviled, and treated as subjects of the be latent of Delr..Fos's Libel Bill, on which most gross and disgusting ribaldry. But, Geode • • men, the work of lawless a; arch y did not end Per*: geode of NNW freilvect of oppression, and, on the blasphemy was resorted to; and attempts_made to I other hand, of some farther preparaticin for hosti alienate Man from his MAKER 1 and, to my personal ! lity. The People of England and Scotland ate evi knowledge, these machinations have been bit too dently awakening to a sense of duty : preparatitins successful. The mind, thus deprived of all principle, for resistance are every where making : Resolutions is reduced to that wretched and degraded state, best to'that elect are nobly avowed. Already, methinks, calculated to receive the worst impressions. The lam stunned with the thrilling cry of—' Dekh or chiefs of the incendiaries, fearless of punishment Liberty; ema nant from thousands in arms, determined themselves, hold to their miserable , dupes, hopes to live or die as freemen !" This is signed R. Carw which can never be realized. They deZeiye them by lile ; the•tecond count, signed It. Smith, addressed asserting, that all property should be equalized ; that to the Editor of The Republican ; the latter part in taxation is an unjust oppression, and therefore should • terse, viz. " If you think the following worthy of a not be attended to; that the laws to which. they place in The Republican, rya will, by inserting them, themselves have not assented are not binding, but oblige me, who really prize your valuable work, merely optional ; and the remedy which they hold and hail it as the morning Star of Freedom—an opt. out for this catalogue of grievances, is what they nion which is held by thousands, as well as by your terra Parliamentary Reform ; which they explain by constant Reader, R. Smith, No. 2, Rutland-place, an Universal Suffrage, and by Annual Parliaments, Upper Thames -street, September 28 : which can alone effect this Reform. y "ACROSTIC. " For these unheard-of privileges, they are taught " Brave sons of Albion, sleep ye in this hour? at first to petition ; and if not granted, the watch- Rouse, and destruction on your tyrants pour; Infernal bloodhounds now new chains prepare, word then is, • Free Representation or Death !"The They spread - e'en now for you the fatal mac ! process of accomplishment-is thus defined by regular Off with your fetters, spurn the slavish yoke, progress. Clubs are first instituted, which soon be- Now, now, or never can your chain be broke, come organized Societies, with leaders at their head, Swift tiles rise, and give the fatal stroke ! who give lectures on ideal grievances, and read ex • Try very effort—like the whirlwind's force Or furious lightning, shape your vengeful course: tracts from blasphemous and seditious publications. • At once resolve to conqwer or to die Itinerant Orators traverse the country, collecting Revenge, revenge—let this like thunder ay around them immense crowds of idle people, whom 'Midst your firm ranks, and glorious victory they address iniinflammatory harangues, and whom - Shall wait your steps, and England shall be freer they well know, from their ignorance and want of The defendant pleaded " Not Guilty" to each ins education, are unable to detect the contemptible so- dictrnent.--Counr —Will you try now ? phistry of their reasoning. I need not tell Gentlemen Swann.—" I can't give an answer to that question of your information, that Universal Suffrage and now. Just hear me for a moment or two. I'm to Parliaments annually elected (annual Sessions of-Par- be tried for what I know nothing of." 'lament we already have) are unconstitutional ; that COURT.—" You may traverse if you please till the equalization of property is manifestly unjust ; and nett Sessions; if, however, you mean to try now, you that the temporary distress which pervades the coun- shalihave time co prepare yourself.' try, does not depend upon an Administration, but is Swann.—" But I wish to ask you a word : when the effect of a distress unfirtimately correspondent I w:is taken up, my wife was taken up too. I wish on the European Continent. I need not also tell you, to know what is become of her, and where she is ?" that Taxes are necessary for the support of the Go- Counr.—" We have nothing to do with that." vernment, for the administration of justice, for the Swann was then removed from the Bar. support of our trading, commercial, and foreign con- After some matters of minor importance had been 'lemons, and, in short, necessary for the very exist- gone through, the Court adjourned till nine o'clock ence of the Nation itself. Above all, let us never next morning. forget, that Religion is our duty, and most essential WEDNESDAY, JANUARY 12. to us ; not only as all our future hopes depend upon This day, Joseph Swann, Robert Swindells, Joseph it, but even in our temporal concerns, and in the Burtenshow, John Stubbs, John Richt, ds, and Joseph due administration of that justice in which we are Sutton, were indicted for conspiracy and sedition. this day engaged. These are the celebrated Macclesfield mob orators, " Having said thus much, Gentlemen, on the pre• who exhibited there on the 31st July last. Their sent state of the country, I will now proceed shortly trial commenced about one o'clock, and continued to mention to you, the Enactments which have lately till six, when they were found Guilty, on the clearest passed both Houses of Parliament, to correct the only testimony. real grievances that exist ; which I will do in the best manner my abilities will permit. The first, Gentle men, is an Act to prevent the training of persons to the use of arms, and to the practice of military elm• lutions and exercise ; but as this, happily, does not connect itself with this part of the country, I shall forbear entering into any detail respecting it; and s I think I may likewise pass over another Act, empowee-l: ing Magistrates to search for and seize arms on the same grounds. The third more especially concerns us by the 3d Section of this Act, " to, prevent de lay in the administration of justice in cases of mis demeanour," it is enacted, that persons in custody for misdemeanours, or held to bail within 20 days before the Sessions, shall plead to indictment, and trial shall proceed, unless a writ of certiorari be de livered. Heretofore offenders were allowed to tra verse ; that right no longer exists. The certiorari may be applied for and issued before such indictment has been found. The fourth Act of Parliament re cently passed is, for " more effectually preventing Seditious Meetings and Assemblies," and is to be in force five years, reckoning from the 24th of Decem ber last. It confines the Meeting to be held to place and numbers. No more than 50 persons are per mitted to meet, except at County Meetings, kc. un less in separate Parishes or Townships : in which case a notice is to be given to a Justice of the Peace by seven Householders, such Justice having the power to fix any other time, not exceeding four days from the day first propesed: but no person is permitted to attend, unless he be a resident, under the penalty of being punished by fine and imprisonment, not ex ceeding twelve calendar months. I have thus stated to you, Gentlemen, the bearings of those recent Acts of Parliament which more especially concern us.— Should any difficulty occur to you in the execution of your important office, the Court will readily afford you all the assistance in its power." The Jury then retired to their r oom. Joseph Svann was then put to the bar, and ar raigned on three, indictments, charging him with publishing and uttering seditious and blasphemous libels. The first charged him with publishing, icc. and intending to blaspheme Almighty GOD, and dispa rage the Christian Religion, on the 27th of Novem ber last. The libel vino in t he form of a letter, signed J. B. Smith, and addressed to Carlile, to this pur port :-.• 64 Before the People can be blest with and cordially receive a perfect Government, and a pure and equitable code of laws, they must reject the Bible . as being the word of GOD, and also totally disbelieve the divinity of CHRIST: for, while they are inflexible in the Christian faith, there is no possibility of esta blishing equitable laws, or ever acting in a private way justly towards each other ; for till the doctrine of the Bible and New Testament is subverted, and where nature is destroyed, no perfection can possi bly remain. I was in my youthful days taught to read the Bible, and I continued to read and revere it more than twenty years ; and was as tenacious of it and the Christian Religion as any could be, except at some few short intervals, when the reason that na ture had given me was allowed to act ; but priest craft has carefully provided a sufficiently powerful enemy to defeat the eforts of this divine light of az ure; at last I had the courage to read The Deist and Paine's Agee Reason. And Ido most affectionately entreat all my fellow-countrymen to thrbw far from them that book, which scarcely contains any, thing but blasphemy, profaneness, lies, and unequalled ab surdities ; and read attentively The Age of Reason and The Deist, which are books replete with perspi cuous truths." THURSDAY, JANUARY 13. SENTINCES, ON SWANN, FOR SEDITION AND BLAIIO PHEW! ; AND ON SWINDELLS, BURTENSHAW, STUBBS, RICHARDS, AND SUTTON, FOR SEDITION. This day, at eleven o'clock, the defendants were brought up for judgment, in our Sessions Court, On being asked what they had to say, why the Court should not proceed to pass sentence ? Sutton implored clemency, on the ground of having a large family totally dependent on him for support. The others, particularly Richards and Burtenshaus, were vociferous in their declarations of having acted constitutionally; and repeatedly expre ssed their satis faction with what they had done in the cause of public virtue! The CHAIRMAN then pronounced the judgment of the Court on the defendants, in an animated, eloquent, and truly impressive manner. He expatiated on the wickedness of their inteLtions, so clearly defined by their conduct ; and the necessity that offences like theirs should be visited with the heaviest punishment of the law.—The sentences were: Second indictment for Sedition r on the 27th cf No vember, for publishing TA. Crisis, No. S o viz. " Like the river, swoin and rapid with increase, rising be. yond its proper level, and by its accumulated force carrying and ditaceratinz its dikes, so comes the rolling political stream. ack day brings us That Swindells, Burtenshaw, Stubbs, and Richards, be imprisoned, in the Castle of Chester, each fox the period of Two Years ; that they find securities at the expiration of that period, themselves in 50/. and two sureties in 251. each, to keep the peace for one year • and be further imprisoned till such sureties be found . This for the Sedition and Conspiracy at Macclesfield. That Joseph Swann, for the same offence, be im prisoned Two Yeirs in Chester Castle, and find the like sureties. That Joseph Swann, for publishing a Blasphemous Libel, be imprisoned Two Years for that offence, in Chester Castle, finding the like sureties—and that he be also further imprisoned for the space of Six Ca lendar Months, in the same place, &c. for publishing a Seditious Libel.—Making the total period of Swann's imprisonment, Four Years and a Half! When the sentence was passed, Swann, with a vast deal of apparent sang froid, held up his Radical emblem—a white hat bound with crape—and ft* claimed, " Han ye done ?—is that all ?—why I thowt ye'd a got a bit of hemp for me, and hung me !" -- They were immediately taken out of Court : when. near the door, Richards observed to Birch, the Con stable, who had him in custody—" Marla: you will - shortly have to meet me in another place;" to which Birch replied—" Aye, in Heaven, I hope!" Stubbs, Richards, and Sutton,were decently dressed, and of rather genteel appearance; Swann is a low, vulgar-looking fellow ; Burtenshaw is a decrepid man, of short stature, apparently about 60 years old, OXFORD COUNTY SESSIONS. THE LINO V. JOHN VINES. This was an indictment against John Vine:, a prin. ter, for vending Sherwin's Political Register, No. 16. .He was found Guilty, and was sentenced to sir' months imprisonment, and his own recognizance: of £5O for his good behaviour for one year. TIE MHO V. STEPHEN VINES. The prisoner was father of the former, and was in dicted for vending the same pamphlet as his son, for which he was found Guilty, but recommended to mercy.—Two months imprisonment, and his own recognizances of £5O for one year. Rum—Between seven and eight o'clock, on S. - turday evening, this City was thrown into great con fusion by some very unpleasant occurrences that took place in Barronstrand-street, Broad -street, and Michael-street. The matter is singularly involved in mystery, :and as it is under rigorous inquiry, and as we possess no knowledge that can promote -elucida tion, •sve shall, for the present, sa'y no more than tluA- • the townsmen were bayoneted by some soldiers of our garrison, the 18th Foot, and that the soldiers were pelted with stones. Nothing, we believe, dangeroni to life, was suffered on either side.—Yesterday, Mao iciArates were fruitlessly active, in endeavouring to investigate the origin of the mischief— Watevrord IL The i defe 'the Court v to the Jtiri l • The deft feW:d his w • anl Laid, 1 lure publis C, itlde:ence ► cl the libel I E.! .n soli witc ▪ • " el; th