Star. — London, England, 1810-07-21 00:00:00

There might be some small allusions in the British F oru m, where seats were sold for a shilling a-piece, to curious things of the lathe kind, that were slap posed to be done in better places. And after all there was nothing very magnanimous, nothing so mighty generous in Lord Castlereagh's attacking Mr. Jones a t that time, for heixas just then within the four walls or his chamber in Newgate. And for Lord Castle reagh to strike at him then, was cruel ; it was like the kick of the wild ass at the sacred head of the ex piring monarch of the forest. Mr. Jones is a man of s hi n i n g abilities, and my Lord Castlereagh is net fit to 1 1 ,,11 a candle to him. As to the quarrel between, Finnerty and his Lordship, I know nothing about either of them, thank Gon ; but I hear they are two w ill I r ishmen, who had a kind of - a dispute in Ire lanai, and Finnerty was put in jail, and found it hard enota;ll to get out, and so they both came over here, and were not a bit better friends than before. For my part I think they ought to have fought it out at home, and not come over here to go to law with one another. The Attorney-General has said nothing of the British Forum, and so I'll say nothing, but I have its rules and regulations before me now, and can see no harm in them. I admire debating clubs, Gentle men, for constitutional knowledge. I remember one day, when I was at Kiel, in the North of Germany,' studying law there, that Professor Cllivaiius took-it ' into his head to ask me, what I thought it was that made England so free, while all other countries were slaves as it were I answered—the free press. No (mys he) you're wrong ; it is not your press, for that is chained up and beat down by stamp duties, and other things of the kind ; but it is your Parliament, or still more, your debating societies: it is the pri tilege that every one has to make a debating society, a little parliimelat in his own house, and talk of the affiirs of the nation in any kind of way he pleases.' Gentlemen, if my virtuous friend had not been delivered up 'by the cowardly shrinking of Mr. Fin nerty and the others, he would not have been here to.day ; but they begun the business, and when they got him in, left him tn. I have nothing to do with the two wild Irish; if they love fighting affir the manner of their country, let them tight it out any *here they please. I don't think they should Live brought their quarrels over here among us, or lugged poor Mr. Jones in for a share. But lam from Carmarthen, and not acquainted with any of those people. I entreat, Gentlemen, you will acquit my client, if irwas only to set my mind at ease. I will think, as long as I live, that if you condemn him, it was through my want of exerting myself in his defence. But what did Mr. Finnerty do ? He wanted to go on Lord Castlereagh's Expeditiqn. Gentle men, you all remember the time, when that Noble Lord went out like Sancho Panes, to fight, not wind mills indeed, but the three plagues of the world to gether, the pestilence and Lmine, and the fever and the French. Mr. Finnerty went out as historiogra pher to the expedition, which Lord Castlereagh did not I , ke, and so they quarrelled about it, and Mr. Junes was dragged some how or other into the dis pute, though he had nothing in life to do with it : he therefore threw himself on the good sense of the Jury." _ Lord ELLVOOROUGH.—GentIemen of the Jury This is an indictment against the defendant, John Gale Jones, and it charges that before the time of the printing acertain libel,Lord Castlereagh had been one of the principal Secretaries of State of his Majesty ; and,, Gentlemen, there is another allegation, that there had been, on the 23d of January, a scandalous and seditious libel in the form of a letter, concerning Lord Castlereagh, published in a certain newspaper called " The Morning Chronicle." That allegation in volves, first of all, the fact, an d t e xt t h e construction; first, she tact, that there was such a letter published in the paper. That has been proved by the printer of the paper, who produces a paper, which he states to have been published on that day, containing a letter signed P. Finnerty. Then has that letter the quality annexed to it ? It is alledged to be a scandalous and malicious libel. That certainly is a material allega tion. The whole scope of that which has been read in detail to you from " The Morning Chronicle," does impute to Lord Castlereagh the purpose of persecut ing and oppressing this man ; summing it up in the last paragraph, that he had made use of his Ministe rial power to gratify prejudice, to invite the persecu tion of his person, and to fix an imputation upon his character, and the whole of the statement which is contained in the letter, goes to maintain that, which u the summing up of the libel is stated to be the mo tive for Lord Castlereagh's conduct. Gentlemen, , there certai n ly can b e not hi ng more lib e ll ous , t h an to ' impute to a man in a high public office a gross abuse of his p u bli c f unct i ons , to d egrade and injure an indi vidual. The question, therefore, upon this part of the ase being, whether this letter has properly applied to it the description of a scandalous and malicious libel ? the description is maintained by adverting to the terms of the letter itself. But that is merely a preli minary step, for it is not the publication of this libel for which the defendant is indicted ; but he has ad verted to it in the three libels, for which immediately he is questioned, and it is to those papers and the con tents of them that your attention is to be particularly drawn, inasmach as it is in respect of them only (re ference being made to other matters merely for ex planation) that he stands before you to-day. The publications in question are three in number ; the question is, whether they are of a libellous nature, and whether that description which is applied to them by this indictment is justly applicable to them ? I will read them and comment upon them as I read them. The first begins thus, “ Ought my Lord Cas tlereagh's conduct towards Mr. Finnerty during the late expedition to Walcheren to be approved as a sa lutary measure of precauti on , to p reserve or d er an d discipline among his Majesty's forces, or reprobated as a flagrant infringement upon the liberty of a British subject, an d a cowardly act of oppression against an innocent individual ?" Now, Gentlemen, is it to be borne in a co untry w h ere people have any estimation °•1 character, that it shall be allowed to any man to put in th is a l ternat i ve mode a question, for the discus ..ri of all mankind, whether a man has been guilty , _)t a base an d cowardly act of oppression, whether ho il?s not been guilty of an enormous crime ? and to have ;hit matter made the subject of debate by all persons v:ho chu SP ' -ie shilling to come within of assembly where this is .bate ? Is it not calumnious his name held out to the respecting whom it may be fairly doubted whither he has not been guilty at a cowardly act of oppression ? Put it to you awn breasts, Gentlemen, and make it your own case; sup pose a man to pick dp an anecdote. of your private conduct—any thing respecting yourconduct in' social life, and that he should publish it as a question whe ther in a particular circumstance of your life you had been guilty of a base disregard of your duty to wife, to child, to friend, or any other person, and should make that a matter of discussion for all the assembled careless people who might chuse to resort together for the purpose either of holding or hearing that discus sion, can any thing be considered as more calumnious, more destructive of the peace of mind of the indivi dual so held out, more mischievous to the public, or more irritating to the feelings of the individual so held up'? Taking only in liming., the first paragraph, I feel myself in the solemn discharge of my important functions, bound by the oath of office I have taken, and by my duty to the public, to state to you that I consider this as an highly calumnious publication. Then, Gentlemen, it goes •on to say, " The state ment of Mr. Finnerty's treatment by Lord Castle reagh, as it appeared in the Morning Chronicle, of Tuesday, the 23d instant, has been read with the most lively emotions, and has excited universal astonish ment and alarm ;" alluding all along to the publica tion of Mr.. Finnerty in the Morning Chronicle, which has been read to you.— ,, Mr. Finnerty has appealed to the good sense, liberality, and justice of the Bri tish Nation, to give their decided opinion on the sub ject. So far as the British Forum can lend its aid towards collecting and proclaiming that opinion, nei• ther his appeal nor that of any other persecuted or defenceless individual shall ever be made in vain."— Is not this an allegation, that this person to whom they are lending their aiJ, is a persecuted and defence less individual, and by whom persecuted, the whole scope and context shews clearly that it means to im , puce that persecution to Lord Castlereagh ? Then it goes on- 7 s If the gentle Lord Castlereagh can mus ter sufficient confidence to venture into a public as sembly of free and independent Englishmen." That is an imputation to say that he is a person who cannot venture into a public assembly of free and indepen dent Englishmen. a He may rest assured that he shall have fair play." Now see how this word of promise to the ear is kept. 4 , There is nothing for which the Managers of this Institution more ardently long, than an opportunity of' meeting his Lordship and his adherents face to face, and hearing them vin dicate their character and conduct before an outraged and insulted country."—Gentlemen, is that a fair trial, to tell his Lordship that there is an outraged and insulted country, which the context shews must mean outraged and insulted by him ; and to say, we will give you fair play by your coming before those whom you have outraged and insulted ? It is, I think, impossible to state any thing to be a libel if this is not. Then, Gentlemen, we come to the second publica tion. That begins by stating the question as before, with the words prefixed, " Triarof Lord Castlereagh ;" and then proceeds, " Last Monday, notwithstanding the mean and malignant attempts to stifle the discussion of the present important question by tearing down and defacing the bills." Mean and malignant at tempts. Gentlemen, if any of you or I saw placard. ed, that there was to be a debate upon our conduct and character by a number of persons assembled for the purpose of that debate—is it mean to protect your character as well as you can by abating as a nuisance the publication to draw people together " Malig nant !" Against whom ? It is an act of self preser vation to destroy the noxious exhibit to collect people together to murder my reputation. " Mean !" As against whom ? Mean to avoid a discussion which no person has a right to direct or to institute. In this way it goes on. 46 Notwithstanding the mean and malignant attempts to stifle the discussion of the pre sent important question by tearing down and defacing the bills, a crowded assembly, among whom were se veral Noblemen and several Members of the House of Commons, attended, and after a very interesting debate, the opener was about to reply, when a Gen tleman intimately and personally concerned, entered the room, and having pledged himself to attend on the next evening, and either open the debate, or take a part in the discussion, the question was, with the consent of a large majority, adjourned. Several im portant and extraordinary disclosures will be made in the course of the evening ; and Lord Castlereagh, or his adherents are peremptorily summoned to attend, and prevent, if possible, his character from being consigned to everlasting infamy and disgrace. The statement respecting the execution of William Orr, in Ireland, under the Administration of the Noble Lord, although incontestible evidence was laid be fore him, proving his innocence, was read from Mr. Finnerty's letter, and excited in the audience visible emotions of horror and disgust. Lord Castle reagh is here peremptorily summoned to attend."— Now, Gentlemen, look at the extravagant power assumed by this mock tribunal ; first, there is to be fulminated against tile person an attack upon his cha- 1 racter, lay these unlicenced petions assembled for , the most scandalous and penal purpose ; for all the persons assembled for that purpose constitute a dis orderly assembly, and are liable to be punished by law, and then the party whose character is to be come the subject of animadversion, is peremptorily summoned to appear before this self-constituted and disorderly assembly. Gentlemen, that is a sort of ty ranny that I have never heard of as exercised in the free land, in which I have the happines to live. I have heard of similar things which have been done in another country, by an odious assembly that we have all heard ot, denominated the Jacobin Assembly at Paris, where the foundation for the overthrow of the monarchy, and of all civilized order in that country, and I may add also in other countries, was laid in the abused power and the arrogant pretensions of such Societies. Here is Lord Castlereagh 46 peremptorily summoned to attend, and prevent, if possible, his character from being consigned to everlasting infamy and disgrace." Is not this libellous ? If it be not, let the name of libel be blotted out of our books.— Let the thing be considered no longer a subject of dis cussion, or a matter of legal contemplation in this country, if a man may in this manner be summoned at tie peril of infamy and disgrace upon a charge like this, to present himself before such a judicature. Gentlemen, after this summons, we come to what is considered as the trial, and then it is said, ".Last Monday, after two evenings discussion. a, crowded assembly unanimously decided," I should have ex pected Such a soft of decision in such a place, and se convened and inflatned, " that Lord Castlereagh's conduct towards NM Finrieify ft otigTit to be reprobated as a flagrant infringement upon the liberty ofa British subject, and a cowardly act of oppression against an innocent individual." Then it is said, In conse quence of Mr. Finnerty being detained at the House of Commons, he was unable to attend until late in the evening, when, to the universal satisfaction of a most respectable audience, he entered the room, and deli vered a most animated statement of the proceedings at Walcheren and the conduct of Lord Castlereagh. It is unnecessary to add, that Mr. Finnerty experienced the most flattering and unequivocal proofs of public approbation, while, on the contrary, not a hand was held up in his Lordship's defence. Thus has been furnished a memorable and striking instance of the folly and inutility of attempting, at least in this coun try, to oppress and bear down an innocent individual" I think that is a pretty round allegation, that such an attempt had been made to oppress and bear down an innocent individual. "By this discussion virtue and independence," I presume, in the person of Mr. Fin nerty, " have received their just and adequate reward, while pride and arrogance," I must collect from the context in the person of Lord Castlereagh, " have been humbled to the dust—the Manage: s enjoy abeam felt satisfaction in thus announcing the decision, and feel conscious that they have done their duty." This is the record of the judgment on the unanimous deci sion of this respectable and well collected assembly. Gentlemen, Toll have been told by the Learned Advocate for the Defendant, that a Professor, whose name I forgot, has said, that the great and characte ristic blessing of this county/ was not that we had free laws or a Parliament of wisdom to make them, but that we had these sort of subordinate Parliaments— these debating societies. Upon my word that Learned Professor has taken a very imperfect measure of the liberties of this country, or the means by which those liberties and laws are preserved. I am, in my station, as much a friend to freedom of discussion, and to fair deliberation, upon all subjects which it behoves the subject, for the preservation of his freedom, for the in formation of his mind, or for the performance of his duties, to discuss and deliberate upon, as any man sylio ever sat in this place. Unequal as I may be to my pre- i decessors in other respects, in that I am equal to any of them, in having an ardent love for the constitutional 1 1 liberties of my country. But I cannot conceive any thing so injurious to either as to assist in giving effect to, or in suffering Logo unpunished when they exist—those licentious 'attacks upon the happiness of individuals, and upon the security of the state. The freedom of the press is secured by allowing every man to publish without the previous controul of a licenser, that which in his judgment he shall think fit to communicate to the public ;' but he does it at his peril, being respon sible to individuals whom he may injure, or to the public whose peace he may disturb. Subject to that responsibility, and to that risk, every man may pub lish what he pleases. No attempt has ever been made in the times in which I have had the happiness to live, upon that liberty so exercised in the first instance, by publishing without the controul of a licenser ; but, if every man was to publish without the fear of punish ment what his malice might suggest, or what his false hood might direct to be said to the prejudice of ano ther, no man would have his good fame, the most estimable blessing in life, in any degree of security. Gentlemen—ln the discharge of my duty, I am re quired to give you my opinion upon this case. If I were to state a doubt, it would be to abandon one's un derstanding. I do with the most perfect confidence pronounce to you, that it is a most scandalous and in famous libel, and I have no doubt; that in the dis charge of your duty you will come to the same con clusion, and will thereby be the means of resisting the evils by which we are surrounded and oppressed. The Jury immediately pronounced the defendant Giilty. This day concludes the Westminster Sittings for this Term. The London Sittings commence on Monday. CONSISTORY COURT, DOCTORS COMMONS. TAUNTON v. TAUNTON. By this proceeding Mr. W. D. Taunton, a respec table Solicitor, sought to obtain a divorce from his wife by reason of criminal conversation aHedged to have taken place between her and Wyburn, Esq. a Barrister, with whose family that of Mr. Taunton was on terms of great intimacy. The facts of this case are already before the public. The plaintiff recovered heavy damages in an action brought in the Court of King's Bench. It was argued by the Counsel in support of the suit, , that the adultery was fully proved to have taken place at the apartments in Boswell -court, and that the identity of Mrs. Taunton, on being followed to her house, was equally established. The Counsel on the other side contended, that as the witnesses principally consisted of the plaintiff's servants, much reliance could not in consequence be placed upon their testimony ; that the proof of Mrs. Taunton's identity was very imperfect, and that there was nothing in either of the parties' conduct to war rant a supposition that if they had the opportunity of committing a criminal act, they would avail them selves of it. The Learned Judge (Sir W. Saar) recapitulated the principal facts detailed in evidence, and thought that Mrs. Taunton's conduct, if not at first accom panied by adultery, was such as to warrant the con clusion, that adultery might afterwards grow out of it. He was of opinion, that in the clandestine meet ings a criminal intercourse had taken place ; and the only question then would be, as to the identity of the parties, Mrs. Taunton and Mr. Wyburn ; this he was likewise of opinion was fully established by the evi dence, and he granted the remedy of the divorce de manded. LADY MILES V. SIR JOXATIIAN MILES. This was a similar cause, but was grounded on a charge of cruelty as well as adultery, against Sir Jo nathan Miles, late one of the Sheriffs of Middlesex• The pleadings stated various acts of ct uelty, and also that Sir Jonathan had associated himself with se veral depraved females, two of whom he had at dif ferent periods kept with very handsome establishments at the West End of the town.—There was no defence made on the part of Sir J. Miles. After a few short observations, SirWlLLtam Sant, being of opinion that the facts of adultery were clearly proved, though the cruelty was not, pronounced fur the divorce. immediat , dinli ' , to may chuse to pay on the precincts of the place '')4! appointed matter of det !r) any individual to have public as that of a person , . . . ' e• OLP NAIL.Er. ~ Pour „Journeymen Printers, severally named Get, , dart, Bradke, Little, and Adam:, employed at the li.i, t ,, newspaper Office, were brought to the bar. Tile,' . had been apprehended in consequence of a bill ~r :,.. dictment having been found ag ainst them for chn- - 4 , spiring to seduce the printers at the Timex d,iice to quit their situations. They pleaded Not Guilty, and were committed to Newgate in default of bail. Three other printers, named Gee, flowka, :dui Per. Ain, lately engaged at the Times office, were next i brought to the bar to plead to an indictthent found against them for conspiracy, and were also commit. ted for the same reason. Joseph dortin was indicted on a charge of Arise, in setting fire to the house of Mrs. Hannah Thomps o n, of Saekviile-street, St. 1 . James's parish, ou the 17th of June last, with intent to Jest r. y i , • , the same. It appeared from the statement of Counsel. as sera ported by the evidence, that the prisoner was a va:et in the sir- li vice of Andrew Tufton, Beg. a Gentleman who I ,dged in the 1 house of Met. Thompson, and oscupied her first flour. The pri. loner was in his service about 13 months. On the morning of the 16th of June, Mr. Tufton sent the prisoner to a banker's :il Pall Mall, for payment of a draft for aelo3o, which the pri,.):ll r brought to him in S 0 notes for sell each, 17 of which he put et:o his portable writing-deck on his table, which he then Lucie d.— He then went out, and did not return to his lodgiegs uptil the next morning, when he found his apartments hat. been set on fire, his writing-desk broken open, and his notes gone . Mrs. Thompson, the lady of the house, had gone to bed about two o'clock in the morning, and the prisoner had gone up to bed before her, and at about four in the morning she was awaked by a met of smoke in the house. Her apartment was on the second n3ol*. She awaked her daughter, who slept with her, she immediately got up and ran down to the first flour, opened the dining-room, and the smoke burst out on her in great quantity, but she saw in the room no light or flame; she imagined the smoke came from a public-house next door, on turning round again, she perceived the prisoner on the second floor stairs, a few steps behind her, and saw her daughter also coming down stairs, She could not tell whether the prisoner was with or without his clothes, as she was mush alarmed. The alarm of fire was given to souse firemen who were passing with au engine to extinguish some other fire, and they came in. She assisted in serving them • with water, and the Games in Mr. Tufton's room were got isms der. When the firemen, of whom there were three, proceeded into the room, they found it full of smoke. They immediately threw several buckets of water on the floor, and also on a sofa in the room, from whence the fire appeared to proceed. and extiepdsked it; and after throwing open the windows and clear. I ing the apartment of smoke, she pulled up the carpet and found the boards of the floor, about the centre, burnt through, and • that the fire proceeded from between the ceiling of the room be. ' i low and that apartment. One of the men perceived the prisoner with a writing box in his band, which appeared to bare the hinges and the catch of the lock broken. They !waived it was not opened by the effects of fire, bet they could not tell whether 1 it might not have been opened by the effect of a fall. None of • them, however, Recollected to have heard any thing fall In the room whilst they were there. , l Eleanor Gardener saw the primer that evening before the fire. He came home about eleven o'clock. It was earlier then usual. He went up to Mr. Tuftoe's apartment, and staid there a considerable time. When he came down to the kitchen, she remarked to him that be had staid a lung time up rain ; and he answered, he had been reading Mrs. Clarke 's book. He went up to bed about half put twelve ; and she was alarmed about 4, with the cry of fire by her mistress. She came down stairs cry. ing fire, and went to draw water for the firemen. She next morning saw the prisoner sitting behind a screen in the back kit- chen, a place not usual for him to sit in, and she afterwards saw Miss Thompson, her mistress's daughter, with a bank-note in her band, which, she said, she bad, found amongst some rub- bish. She slept on the same floor with the prisoner on the night of the 16th. She was quite•sure he was in bed at the time she went up s she saw no candle with him then. There was a pic- ture in her master's apartment, which be valued highly, and the prisoner at the time of the fire took great care of it, and removed it to a distance. bk. Browne, Secretary to the Sun Fire Mite, produced a plan of the situation of Mr. Tufton's apartments, taken the morning after the fire, and he described from that the state of the room. John Foy, a Police-man of Marlberough-str;et, proved that he was sent for on the 17th to examine the premises, and interroga- ted the prisoner in the presence of his master, and asked him if be knew how the fire could happen ? The prisoner answered— " I suppose you suspect me i"—Foy replied, " I suspect every body in the house until the business is traced to it's right source." Upon this the prisoner's boxes were searched, and in one of them was found some brimstone in a glove; he found nothing else in them to excite any suspicion. He searched also the back and front kitchen,and in a drawer, said to belong to the prisoner, be found some more brimstone. He examined the desk, which ap- peared to him to have been forced open with a chine, or some such instrument. He asked if there was a chissel in the house ? and one was brought to him by Mrs. Thomson's daughter, which t he thought answered precisely the marks in the desk, and they I were exhibited to the Jury, together with the chissel, for their , inspection. Miss Thompson proved that she found the chissel in a box in the back kitchen, where such things were usually kept. • Mr. Retton, who lives next door to Mrs. Thompson, proved that he tame into her house the morning after the are, and assts• ted in searching both the back and front kitchens, and on looking up the front kitchen chimney, with the aid of a candle, he disco. vered a tin cannister in a bole on the side of the flue. This be desired the old servant woman to take down, adding, he believed be had now found out the nest. She took it down, apparently I much agitated. The cannister was taken up stairs, and in it were found forty-six two-pound notes, which, with the note found in i the back kitchen, precisely corresponded with the number taken ' from Mr. Tufton's desk. This gentleman was croes-examined by Mr. Guiltily, and said it was possible the desk might have been opened by a fall, but be • rather believed it was opened by some Instrument. Here ended the evidence for the prosecution. The Prisoner, in his defence, asserted his innocence, and ace 1 knowledged the boxes found on Mr. Crap's leads to have bees I thrown there by him, as containing the clothes of himself and hie ' wife, on the first alarm ofilre; and said, when be first entered the room, after the fire was extinguished, he found the desk 1 7 • ing open upon the floor, with the hinge and lock broken. t. Colonel Wood, with whom he had lived seven months, the Honourable George Irvin, with whom he bad lived 13 months, Mr. James Talbot, Steward to Lord Grenville, where the pri- ' soner had been seven months as Under-butler • au/ above t other respectable persons, appeared, and gave h im an excellent character. Sir ALLAN CNAMIRE then summed up the evidence for the Jury, who, after having retired for three quarters of an hour, re- turned a verdict of Nor GUILTY. ' This excited, from a number of persons in both galleries. such disorderly bursts of applause, that the Court inuuediuely ordered , the galleries to be cleared. A remarkable phenomenon presented itself on Mon. day, at Ramsgate : during a squall of thunder and rain, a stream of water, seven or eight feet in diame- ter, issued from a very heavy black cloud in the eas: ; ' whielii after taking a horizontal direction towards the south, for about half a mile, suddenly fell into the sea, a very little distance from the shore, with a rushing noise, agitating the water all around in a most extra. ordinary manner, and rebounding again to the height . of several yards. . , , A fire broke out at the house of a gardener of the name of Coombe, at Wycombe, Bucks, on Tuesd ty 11 night, and soon consumed it. The house was built i of wood, and the fire vas so rapid, that a son of Mr. Coombe, a youth five pars old, perished in the flames. lie slept in a room over the ki cien in w.lich the fire ' broke out. The azcident was occasioned by a sr.rk ' communicating to some clothes which were left osi a horse t 9 dry. • - -