Star. — London, England, 1817-12-19 00:00:00

LAIV INI'LLLIGL4VcE. COURT OP RING'S BENCH. DECEMBER.ta. MR. HONE'S TRIAL. This being the day appointed . for the trial of Mr. Hone, on A Criminal Information filed against him by tote Attorney-General, the Court was crowded to excess, at an early hour. by a most respectable audi. tory. At half-past nine oic;uck Mr. Justice Aaaorr took his seat on the Bench..when the names on the Special Jury pannel were called over. until twelve Gentlemen appeared. who were immediately sworn. and certainly we never saw a more respectable body of men assemblet in the box. Every face was en tirely new, none of the individuals haying, we believe. ever iii bet ire as Spece4l Jurymen in London. Th.+ Arrant:re GENERAL stated to the Jury the nature of the ..ff.race with which the defendant was caarged. should not take up much of their time what be hid to adAress to them, because the libel, which the defendant was charged with baring. pub. hilted, must speak for itself. It would be impossible for any one to hear the passage; read without being struck with their offensive nature and tendency. The publication in question was an offence against the Religion of the country. One of the best and most religious of all the Judges, that ever were distinguish ed in this country. he me Int the great and good Sir Matthew Hale, had laid it down that Christianity was part of the law of England, and of cou-se any attack on Christianity was an attack, upon the laws of• the country. The Church Service, which formed a part of our Christian system, was established in this c-untry by statute law passed in the reign of Charles IL when it was found necessary to havea general Conformity in the Public Worship. If, there five, sap attempt were made to vilify that system of worship, and if such an attempt were let to parts with impunity, Christianity would no longer be the law oldie country. One of the pacts of a valuable Book , which was here ridiculed was of the utmost impor tance—this was the Catechism. whose peculiar object was to instil the principles of Religion into the minds of the younger orders of die community, at the time they were initiated into Christianity. and previous to their being confirmed by the Bishop. The book also contained that Creed. which was professed by diffe rent classes of Christians; also the Ten Command. merits, which were of Dein° origin; and the Loan's Prayer, which was dictated bit tho SAVIOUR of the Wot Id. If these sacred writings and laws were to be ridiculed. the worst if:ct must be produced on the mends of the lower orders of people. Here the At. toroey•General pointed out the satire of the Cate. dikes, and thawed how it was parodied and ridi culed by the publication. which totaled the ground of the present charge. He next shewed h6w the Commandments bad been treated with contempt and ridicule. [ While he was reading the passages, some persons laughed at the phrases used, and Mr. Justice As i•cr called on the Officers to take into custody any Cllwho behaved• in such an indecent manaer.).-. TTORNRY-GRNIAAL resumed ; he said, he was sot sorry tor the indecent ebullition, that bad taken place, because it was the best argument he could ad vent,. in support of this prosecution : it was because Ike parody was capable or producing_ such an effect - that be prosecuted the author of it. He next alluded *the parody on the Luau's Prayer. It is gnomes. seer fee 'ass to repeat any of the odious passages is the peblitatiuns alluded to. William Swanson produced the pamphlet charged in the information, which he said he purchased on she 11th of YebruasT last at Mr. How's shop, No. flff, Fleet street. He purchased it either of a boy or 4.04 who was in attendance in the shop. The pm Was two pence. Witness did mot molluscs har ms WINOht pamphlets there Wore ; bad boughs some since. - There mom bills posted op, gonouncing, this publication. This pamphlet wail a parody on • citechism. The parody was put in and mad by the Clerk.— pie respect we owe to our Readers, prevents us from nevus% any part of it. • The Arsaness GIDIIIMIL• called on the Jury by "ue bl — of the solemn (*ligation they had takatn—.by these paths, Which were a postal the religion they *we etier called on to protect...he stonjetet them, at imetSltere of the ChristiasChuircbi,to declare by their weedict that the religion of thir , ,toomey shall not be nifille4 and abused with inspnnity.i. .14ary Hutchins said, that in she month of Fe he** last, he was the landlord of the house, No. 14$ Sisebetreet. Mr. Hone was then his tenant, and Somilitied to be so until last blidstimmen. He sold %oh said PmbPhiets. Thomas White said he was a Clerk in the Tra wl:he produced the book of Common- Psayer cam. r=ording to the Act of Parliament; it was ble to the usual book published bthe Lees Printer. and the Universities. It wou l4 be . crinssaal in. any others, except the King's Printer, and she ow wive:silks, to print that book. This was the case on the part of the prosecution. Mr. Hone now rue to suds his own defeace, not having employed any .COueseL He said he felt hinarlf Slimming under eessiderable diffitelay at this moment, in consequence of his never having been 'in the habit of public speaking, and having never ad dressed a public assembly before. He, thaefore, toped as every indulgence would be afforded him se by present situation. He declared be was wboliy ensonecious of the guilt. nettle imputed to him; and that it he was Realty the Jury would nit see him there. It might be in their recollection, that as tar bark as the mouth of May last, he had been *Pore /temied,turder a *meet from the Chief Justice of the Zing's Bench,' and afterwards brought into that Court', to pbad is certain informations laid agaion bins. He did not, however, then plead, because he believed the proceedingi h information to be uneoc-1 sthstiestal. and such as bad never been contemplated by the original makers of cos kftea; . beeausse,tbese in. fossations laid area at thowietif elan Attorney.' Cleneral, without eny chairs of hpressatoteut before amid Jury ; they- moseiresen to be taken up in* seminary manosr, as had bi lbtatese with himself, to Sasirer to ;stormed's), whieb-hir did not know to meg buss filed. These eras agefises round for his Rog ifeadiog as that time. which was, the enormous expeffne be inset have bees poi to. The expense *Was s scat is Iftilwally pea soli pleading to as iofesselion wee *skeletal to of Inahltlo, and suck ea WNW would to hits be his ones mid. k ti t , applied to the Court for copies el intense/Am ; Court would not grant thee s - - he did not know whet Itched , Wan speci fi c,alli Chi:- ged witht Sir William Gerona;, the late Attorney General,. had charged him with blasphemous cations; now it seemed they were not blasphemous : he was charged with being evil disposed, and with wickedly and impiously devising to throw a scandal on the Christian Religion. Now he must say, that the charge of blasphemy originally laid in the infor mation, but since ablndoned. had the effect of rais ing an immense prejudice against him in the public mood, and.he felt how difficult it would be for him to get over it. He now stood there as a most injured man, with a rent weight of public prejudices against him. On a former occasion, when he complained of not having copies of the informations. another infor. Diatom was filed. Now, be would say, that if one hundred informations were filed, he would not plead to one of them, unless he was furnished with copiei of the same. He had been treated with great hard ship and injustice, and with great inhumanity, by the Chief Justice, by whose entrant he had been appre hended. He was seised on a Saturday night, as he was entering his own house. The Officer,. who took him would not suffer him to go and inform his fa mily of what happened to him : they took him to jock-up-house, and there he was kept until Monday ; then he was forced to go to Westminster Hall. to plead to informations of which he knew nothing.— When he came into Court he was so ill as to be un able to stand: he applied to the, C curt toe perritis.,ion to sit down. and the answer of Lord Ellenborough was 4 0 No 1" delivered in a tone of voice which might be board 'at the other end of Westminster Hall. He was then taken to the King's Bench Prison, in the most deplorable state of health, owing to the inhuman tregitimpi of. Lord Ellenborough— Here Mr. Justice Aseori interrupted the defers. dont,, stating he was extremely sorry to do so to any Person who was making his defence;. but where, as 'in this case, it beconie absolutely necessary, he could not. refrain. It was the duty of Lord Ellenborough to-Pursue the course of the Court, and it was not CUS• tornori for defendants to sit *bile the informations filed against them were licit* read. Mr, Home proceeded.—He said lie felt it necessary to state the sufferings he had aSanh experiessoed is consequence of this prosecolion,',Jfe eii mimed vetted on the unnecessary olleiasnesi of those who would take the trouble of wading and prosecuting such trifling publications as these. The Attain, General had described them as political squibs. So they were—they were nothing else but political squibs—and be denied titers was any thing impious Or iircligious in them. The Jury, he said, had so. thing to try but to ascertain whether he bad pub. lisped them with a wicked intention ? they had no thing to do with the tendency of the publications. If they thought that he bad no evil intention in pub. behiug them, they must give him a verdict of ac lquittal. So far back as the ykar 1771, it was the in tention of several enlightened persons to bring in a Bill to ascertain the mode of prosecuting for libels. -The late Mr. Burke was one of them. than whom there was no man who more wished to preserve the religion and murals of society. On a motion made by Mr. Dowdeswell for such a Bull, Mr. Burke niade a speech, in witie.h he.loid it dons as a constitiltiosal doctrine, that no man should be tried for a libel ira cept by judges who were his equals; that that' should l oot be chosen by the Crown ; mid Viet these judges abeold determine the intention and tendency of a work. Mr. Burke also complained that the_spitit of the Star Chamber bad then mig ra t e d to Wea -1 gainsaid Hall ; and the remedy he proposed was, that juries should be taken from the mass of the people's and that they should be empowered to convict or are quit without being influenced by the Judge. The Bill of Mr.'Llowdeswell was, however, then kia; and the business was suspended soil the year 1791. when :the late Mr. Fox introduced and carried the celebra ted Bill for ascertaining the Rights of Juries. This Bill at once enlz ne d and fixed the power of Juries, who are now to ins on the whole of the case.. The charge now against him was as intention copra papas impiety sad irreligion; and If an hundred thousand of the poblieatioos had been circulated, doe intention with which he p ublished them was the point, the Jury had to try, He spurned the chew of ho. piety, and he new professed himself to be a Qristion, with every kind of reverent, for t h e doctrines of Citaus. He bed been vilified all over the counter, and called a wretch, who made out a miserable exist. ence by selling blasphemous publications; but Ire defied any man to stand up in that Court, and say, that in the whole conduct of heir life there bad been a ny thing which could warrant such an imputation. Again he spurned the imputation of blasphemy or irreligion ; and-his should thew that his character was the wiry opposite., The Secretary of State had risen night after night in the House of Lords, denouncing him and his publications, and holdidg him up to the pablie radium Ind prejudice. This was a conduct he could not contemplate without indignation. He had indeed frequently differed from dime with whom he associated ; and his Independence of mind had pm dueed him many tummies; but he never did any mut an injury ; and if there Were any injury in the_pre ient book, it hippenia lioin mistake and not sill -fir ' tendon. No man had a greater respect for the Co., stituted Authorities of the country. If he differed from persons in power, numbers of the most respect ruble people differed also from them. He should' slit doivit and acknowledge inmsellguilty, if the Actor: my-General could point out any of his former publi: Cult*s that contained any thing libelluos or impious. The greater part of these had been written by bins self ; and WHIM a man was always in the habit of writing, he must some way or other have disclosed his real sentiments, if such were of an evil and imply .ors nature. But although he had often written in a l hurry to procure bread for his toady fora week, he MUM uttered a disloyal or an impious•thoughtei— The detendant best proceeded to notice the mode in which Juties were sttuck by the Master of the Crown 011ie,. Mr. Justice Amoss asked him what relation this topic had with the question which the Jury now had to try ? He conceived it was aa unnecessary trespass ,oe the time of the Court. The defendant replied, that he maceived what he was about to state. as very material. He thee re newed his complaint which he bad made before, re. 'poem the mouses ys width the Master of the :rows, OiLe had struck a Jury to try him. The Juno& again said, he could not me how this ebtle' o lvis titivate to the defeti.e. itiestion .thi Court. One of the Jury impressed his opinion that the de: fendant Might assign a reason for what he was about to state j and then the Judge said he would allbw hi o to do so. Mr. Hoste.then went on with the narrativ e of what he had already stated, some time two in th e Com of King's Bench, respecting the mode in which the Jury was struck, and -he contended that it was most unjust and unconstitutional for any Officer of the Crown to possess such a power. He assured the Jury that he had not the feast objection to any of the Gentlemen who then sat to try him ; and that he considered himself as safe in their hands as with any other men; but he felt it necessary so state the facts he witnessed in order to sheer' the efforts that had been made by persons acting under the Crown to procure convic tions. He again impressed on fbem the necessity of judging only . as to what his intention was. It he had no other consideration but for himself, he should feel very little affected by the result of this trial, if it should go against him ; he might probably pass his time patiently with his books in one of Mr. Jones's small rooms ; and indeed he had already experienced many civilities and accommodations from Mr. line.; but then, he had a large family who looked to him solely for support. Hi had passed alrhis life !along books; from a book-reader he became a book-seller; he was not brought up to any handicraft employ ment; and the selling of books became his sole em ployment : but it probably was his misfortune, that he was more fond of reading books than a bookseller ought to have been. He had read a great many old books which were published before as well as after the time of Elisabeth—many of these abounded with parodies. There were many parodies which did not ridicule the thing parodied ; and such was the de scription of parody now charged against him. He then held in his hand a work published last August, by Mr. Blackwood, a most respectable bookseller in Edinburgh: to this work, entitled the Edinburgh Magazine, there was a parody which he would read. It purported to be the translation of an ancient work contained in a library at Paris; it was written in imi. tation of a chapter of Ezekiel; and its object was to ridicule certain rival booksellers and writers at Edin burgh and gave an allegorical description of the u:w Magazine. He read another parody on a pas sage in the Bible, wherein the Edinburgh Review 'was described by bring compared to a born. Mr. Blackwood, the publisher of the work, was a most respectable man. Mr. Justice Amon said. his respect for him was not increased by the publication just quoted. The AtfollbiltY-G/LNZRAL said, that, in point of law, no man could be suffered to justify one libel by reading another ; and he contended. that Mr. Hone should net be allowed to read other libels in justifies don of Ms own. _ _ _ Mr. Hotta replied, that what he read was not a libel, until it was proved to be such, by the verdict of a Jury ; nor was the publication charged against him a libel ; and it he had thought it to be such, he would not have been there that day ; for he had been at large on his own recognizance, and he might have gone away or quitted the country. But he would not flinch from the prosecution, and he wished to chew, is the best manner that he - eculd, that this publication was not a libel. That was the point, and' the only point, on which he tested his defence. The aboelbelft he heard that the 'publication was disap proved of, he stopped the sale of it. It was published on the 14th, and was suppressed by him on the 22d of February and he trusted the Jury would feel thin there was too much good sense in the world, to 'suppose ithat the public could be affected by a pub deaden of this kind. The defendant next quoted a ,little parody, written by Doctor Lemont, recom. Amending temperance; and it was written in imitation of Scripture. He neat quoted a parody, written by Martin Luther, to whom the whole Protestant world was indebted fat the reformation of our Religion Irom all corruptions and abuses ; and this man wrote a pored?. Martha Luther was a parodist as well as William Hsi**. He ridiculed his 'adversaries by a parody on one of the Psalms, de Blessed is the pain who wallet not in the, &c." He nest quoted a pa "wily on the Loan's Prayer, which was delivered from the pulplt— Tb hope there Is nothing offensive in it., The defendant said it was uttered by Dr. Boyce, Dean of Canterbury, in the reign of James .1. He began to read it, when— The AMR said, the parody was most improper, whom: the author was. The defendant said. be could produce instances of most learned and pious men, whojnculcated instruc tion in that way. Bishop Latimer had preached two sermons with a pack of cards each time under his hands ; and he illustrated his text by the cards, as well as the triumph which pious men were lake to obtain- The truant, be said. was the triumph—and he desired his bearers to cast their hearts on that card. He quoted several parodies on Pra). rs and the SCrilattrep all of which were of a political tendency ; =sof these was found in the works of that excellent Man. Lord Somers; it was in imitation of the ge nealOgy of Canter, in the first chapter of St. Mat thew. and Contained an allegorical account of the family and birth of the Reformation. He next quoted a parody on the first Psalm, entitled Pulitical Mer riment," published in 1714. in favour of the Bruns wick family. which had then come upon the Throne ot England, and that parody was exactly similar to his. The Reverend Mr. Croxill, while at Osford, had written a book, Containing religious parodies— the title was the a Fair Circasiian," and it was well known to most men of academic learning. Atter quoting pilotage: from several other books, he came to e collection of papers. which had been - published 114 years ago, by the Association then held at the Crown and Anchor, if or protecting liberty and pro perty against Republicans and• levellers. Among these was a parody on the Carechism, by John Reeves. Esq. who was at the heed of the Alsilcia-' don—it was entitled the "Freeholder's Catechisur;" it was all of a political tendency, and was an almost exact Imitation of the Christian Catechism . ne his tory of the Westminster election also abounded with parodies on Scripture. and.osi the book of Common Prayer, and none of the author: of any of the paro dies be dad quoted, bad ever been 'Fruseeuted. A parody eatitled " The Chronicles of the Kings of FArtand." etc. was published in theyeat 174% and' afterwards thpablished by Dodsley, than wl.om there ' never was in Ermland. a Mott telilecvs, moral man. This book gave ri v ho rn " sketch of the Sovereigns in England their Ail and genealogy ; and was written emit rly in the Scriptnte. The same bask was af:erward% tatted down to the time of the French Revnlwi c alluded to Thomas Paine, Right Hon. &c. A celebrated work, enii,led the " an allusion to the Westminster Scru:iny, coniei ne d passage exactly similar to the publication oiWt the Court.' It was a ludicrous description of w i passed at the Seriviny. and striven in the Scrip t , style. If the system of prophane parodies had ex' so long with impunity, and it they had then delis by eminent clergymen from the pulpit, how, would ask, was he to know whether he had acted m;nally in publishing his parody ? Hedwidounlidt tempt to defend all these parodies ; b ut h e prove - that the moment be heard his p aro d y • offensive, he stopped the publication ; he even' let an intimate old friend have a copy wh en called for it. Hittite gone on with, and not pressed that pte.llication, he should have m a d e a • sum of money, which w,uldhave enabled him able Counsel, to defend him that day. H e a parody in the same style with his, puhlished , use of the troops under Lord WelliiagtoS, and was a Ministerial parody. Mr. Justice Anhorr. —Sir. T do not wish to any mire of tl.at read. I kno.v nothing rial parodies. Mr. Horn replied, that it was him to state that circumstance, bec, vinced that had his been a Mir should not have been brought there ther paper which be produced, handed about the streets as a Chrism: season of the year, and it purported from our SAVIOUR ; this publication,. ledge, been in existence fur thirty The ATTORNEY GENIIREL took declared it to be an impious libel, Mr. Justice ABBOTT was of the Mr. HONE expressed his surprise had never before been disapproved any of the civil or ecclesiastical he concluded he should quote one that was written by a man who Minister, one of his persecutors (i cution carried on against him), at now to be in his place in that Court, alluded to was Mr. Canning, w! rodyin the deli Jiteobia, beginning Last of the anointed five behold, sue The directorial Lama. sovereign priest. Lepass—whom Atheists worship—at Bow their meek heatis—aide we wntrt Mr. Justice Arson.—Here is ' Cunning is the author of these verses see that it is a parody on any pat It appears to be a parody on. some and some of Pope. Mr. Hoar.—lt is certainly a pat des. I know it must be unpleasai ship to hear Mr. Cannieg's name feelings oblige me to do so. Mr. Jostice Ansorr.—l have ing, at hearing Mr. Canning's, or Dam here, except when named contrar , of' law and justice. I trust I evitcji l shall, whilst sitting in this place, inter, purpose, whether the individual or anti-ministerial in his politics. Mr. Hose resumed.-.He was been betrayed into any warmth off no intention whatever of saying al ful to his Lordship. Matt n bimi ca the Scriptures ; and this Hymi certain parts of Scripture.. The the Leviathan referred to the eel the Book of Job. Thi rest cent: pension and some of the very Psalm, as well as the general turn et other parts. " Praise ye him all hh angels ; praise , 1/ ‘ Praise ye him, Mu and muse; praiser, k " Beasts and all cattle • creeping things Psalm 115 , vents 2, ;and to. This publication was aceompat Gilray, a most admirable caricaturist, who, to the day of his death, enjor•-• his Majesty. In that print, whi 'hand, the late, duke of Bedford the Leviathan of Job. with a bow with Mr. Foe and Mr. Tierney passage in Job was—.. Cans', thei than with a hook or his tongue thou latest down r'—Chap. 41, been advised to subpoena Mr. Cat but he had really abstained from Canning's feelings. He bad awkward figure Mr. Canning wouli placed in the witness's box, to ans he should put to him. He did . rily to hurt any man's feelings, and such a course necessary to his deh which contained this. was, as he general subscription of the 10inisti Canning school—the notoriety of publication was sufficient for hi it Was plain that the object of rody was the same as.that of hit laical ;—and it proved that Cite authors of the parodies attempted always intended to fix on the prof He should now %flew that parodiet with the most laudable, and even tentihns. He remembtred heario laiiu Hill say, that the Devii had his ibrel vice, and that he should ti the service of Christ. That PoPt• tact beAuwed much attention, and the music of ills chapel, and had popular or profane songs, that the same tunes, words, the genet which, resembled the songs itt tannic was one. In the work wei and other 4ecomittations of Disseni pop's Selection e irublished by braced Minister, were many by tunes. The hymn— .. Th e re L. a land of pure delight. Where Saints itionortel was set to the tune o: a Drink to . eyes. and I will pledge with mine, set to the tune of .4 Tell me, bai, and oue comparing the Christiatel to the prospect which Moses had tel glan en vas ic.cial44dhirf:ti' leaipen:lhitrynhisawnediunetlani rp.r.aisdnr n t m h h fs °bei nc‘hc,tinari:-ti panv c t , u b t n .en cli i lt n e t r h oluti on at: l° hli des :he d • , k lO Ol, 111 Hon. Williarn i pr 1 1 d the •• Bnit ia a . ,i t i l e ail Icru:iny, coal Nin e( ' 4 44 amn ia ," Para4lies had exi ste d 11 1 I had 11.-ra deliveted 're pulpit, h ow, be Itel • ? He did nit at. lies ; but he should "" Parody had b ee n as turn ; he would not ase a copy w h en with, and not sup. 1J have made a lay at 'e enabled him to te. ' tat day. quote. It published for th VellitigtoS, and tha, It do not wish to he,, Co nothing of Ministt• wl on as mast natural fa : I because he was eon , 1 ,4 iaisteri.tl parody, as! sere that day. An J" was a placard our arismas carol at th tei ported to be a lett• tel tion had, to his kno4 ty years. irr ik up this paper, ant ' ' el, not St to be tea . to same opinion. prise that this pa. red of or noticed • auth pestles. Belo 'r one more parody, a r was now a Cabi (tor this was a per rod a man who oug- :curt. Ihe man • '„' ho published a p ng thus 1 sod lease Hut— o —at wbese nod Aare a God/ ike.&e• .1 is no proof that is verses neither do 1 at of the Scripture , ome lines of Alto parody on the Cant slant to your Lot c e mentioned, but . no unpleasant fee • re any other person' contrary to toe 111 ,eirtqf te e end ev ce, interpme tot t!: c nanieJ be ministers as sorry for havin of rips vision j he lts , c any dull; disrespect melt was a peed; . 1 am directly parodied 0 e passage respecting elebrated passage is u tented the turn ut es- words of the 1484 iris of the expressive ye him an hie hosts. ye Pim all yestatset lirh imp and flying fewir- lanied by a plate b! taturist, since due joyed a pensi..n ?eon Phich he held in h: was reptcsen'ed a • ouk in Lis nose, , on his back. hcu draw out LT7:2* to with a curd whi:h l, verse 1. He nil tanning as a witiesi, Dm a regard to tile. reflected what as rould cut if lie 'are n swer questions .ch•ch not wis:t tinne , :essa. • Wire had riot ..11-4 1 4 fence. But the tre4 said, pubt;slied bye inters of the and of the nature of that his purpusr. F Mr. Cattmi!lg's i is Own :—it wets ro• i, e ridicule t:.e fe ed to racte• .4 A S 'ICI Oi Dduc!irn ies might he w• - •ttel •en with reli);:otni ring the Rev. at , ti• d trea , :ties enough ii tl try to eol:st them !:1 )111..t ps e,tc het hoti vi utd weer ex2e•ls‘. tv it parodic,* .;.e ..:0•1 t is to say, had h metal dispositivo ct ft question--Mule F.:- e eli known to Paris: ssenters called Di. Rippon, a "" ymns set to proJI• tl delight, au,' tee. e aa l( b ); .td nt i te n : s les . o e' f i g , o le n gt E lA w y c e l l o W pt it l r t : S o iv elt u .. S. rh-L•C'