Star. — London, England, 1817-05-26 00:00:00

A c em Commander, arrived at the &lathe' 'back, en , tv y t t l y morning, from the Mediterranean, to be ra id ~lf, being reduice.l trom the peer rat .111;shme n t. sit It ft %Ulna o the 21st of Aptil, 4nd Ga mA i ta , on leth instant. TII" ALBION MO 'NOUN had sailed rm. Corm. The *morons was ciniZing in the Ar c hirelar. The WASP was at StPyliia, the SATEL LITE 4: Malt.t. the EltYlt at Gihrnit tr. Tne EUPH RATES is untie, quarantine. Extract of A Le•ter from the Agent To Ll oy d' s st Niflnte!..•• ..1 • m.tsea, (Wed 3d April : I he Pubic Papers of tisk Island will paint out to you daring of a ut of lawless pirnes are daily arnmittin • in these s , 2 „.t, o n nor own coasts. Our valuable Spanish trade is to. N.; Inst. art] th's bust will lut tuner severely fe:t at Ids season of e ri . s.ion to our manufacturers, a, ir add. to it greatly. do! 110z(Itas is rose '-ere in lus NbsieNty's sitip SAL' AIURY. k %Ter' A A 1, amt proceeds fr. its this ~, r Cumberland liar t: o. td •• e I John, so that I hope lie will at al events -. n. tbt Mech.& oft "at port. I understand that he is o anzi• waiting the aro ival .;t s o me prottli•rd heit Veste:s . to elm. ;, :r him .0 *mil- the., seas of the :Wl:hooters altogether. For oo our part bas only product i an increase in the member . : j Tlie owners of the hr;g Martin have received a rtrr from Capt. J. W. GAL& giving an aCeount of L , 4arin4 been captured and plundered by the Con. privateer, Capt. r 1 LSILIDA. from Buenos Apes. titer an action mainta'ned with great gallantry by Mr. GALL, until his ammunition was expended,though to ha I only four guns and twee y men. It appears t!iat Auction detained the Martin hours after he Fad ascertained that she was Brit i‘h property, and that molting Ant the want of a sufficient supply of water o t evented him from sending her into some of the port s . . acopted by the Insurgents, for condemnation. THE ARMY. The latest accounts from the Leeward Islands re. TT , , e ,:t the Regiments stationed there as enjoying an etc:client state of health. I'he lever which had hitherto b re , de,trualve had entirely subsided. Nlind y, the Admiral Cockburn, transport, with to remainder of the 18th Regiment of Foot on ward, al rived at Por.smouth lrom Jamaica, aiid on Vednesday oiled for Deptford. REV. DR. CII.4L3IERS. Yesterday the public had another opportunity of Dearing this eminent Divine, rrevi , ius to his leaving own for Glasgow. He preached in the forenoon the Hibernian Society, in the key Mr. MANUEL'S Church, London Walt, and in the afternoon in Swal. low•street. In the forenoon he advocated the cause of the Sxiety with his usual ability, but his sermon ia the afternoon on the deKeneracy of man," was one of the finest specimens of eloquence that could pocsihly be &livered from the pulpit, and displayed the most profound knowledge of the human mind.— The pr egress of vice, its fascinating allurements, and is tendon:, to the eternal ruin of its votaries, were depicted in the most glowing colours. The discourse .5.,0 concluded by an animated and powerful address II the vicious on the toll ) . and absurdity of their con. situ,. The pressure alt both places of worship was immense, and though- every accommodation was made, many thousanus went away very much disap ointed, for want of room to stand even at the doo r s. 14r. WiLuensonce,' and several Members of I'arlia rnent, were present in the afternoon. We understand the collection made atter the sermon for the Scot tish Hospital, which he preached in Surrey Chapel on l'htniday, esceeded /MO, which was very great, considering that every day during the last three weeks collections had been made in the metropolis. Divine Service was per:mimed yestaday, by the ire Dr. Burisinpr, at the Queen's Palace Yesterday Divine Service was per formed at Carlton Home, by the Rev. Dr S. CLARKE. The LORD CHANCRLLOR lett town oh Saturday morning for Winchester, accompanied by his grand SON Matter Scerr, for the purpose of leaving the yosng Gentleman at Winchester College. Notre ,t,E ELACTION-00 the close of the Poll on Naylth day), the numbers were•••••• of Mr. WOIIIIIIOU SI 3!61 For Mr. Pawl r Majurii y for Mr. Wooziness —573. • On which Mr. Paarr declined any farther contest, and Mr. Woneuousa was declared duly elected. Dom—A duel was fought on the 19th instant near Donbnyne, Dublin, between Captain PowMt, of the 4th Regiment, and Mr. Holism attorney, of Sum 131r-bill, when the latter receiled a wound in the hip, Which is supposed to be mortal. A transaction which occurred three years ago was the cause of the unfor tunate meeting. Yohrice WATsoN.—In a letter from Plymouth, of Monday last, it is stated that young Wallets, instead escaping to America via Liverpool, actually sailed from that port. Wdaseita found his way there in the drat of a woman. On the 19th of December, he vat on board a ship in the harbour, called the Se *an, of and for P:idadelphis. A fair wind spring rf; op, the Severn sailed from thence on the 20th, hat was forced back again by uniavourahle weather (lithe 23d. The Severn was commanded by a Cap -44.10 Wartime; and it is supposed that young Wassosl IN there 19 days, during all which period the walls ' , recovered with the proclamation for taking him. • The importation of American Flour, last week, to Liverpool, amounted to the immense quantity of twenty-eight thousand four hundred and fourteen bands. CORN EXCHANGE, MARK-LANE, MAY 26. 021' Market being very thinly supplied with bVheat min our own coast this morning, and having many hYers, sales were brisk, at an advance of 6s. per gooier on the prices of this day week. Barley is il l s rn 29. to 45. , higher, the demand having conside. ', 4 6:y incre ase d f or s hipping. Beans and Oats are mal 4s. per quarter dearer. White Peas, 6s. Grey mss, 4s. higher. CURICINT rants AS UNDER I 71101.1111. Oats, Potatoe,ll6s. 48s. 14 '2 I. Keil , and Essex, Old, I Ditto, Poland, gm' 46$ Ls " 1365. i icis. I Ditto, Feed, 12s. 4110. Zeds. 1265. 140 a, I Rapeseed . £SO ASS per last , Ms. 1261. Floor, 105$. 110 s. per tack. y'.501.63.. fOllitGN. miit is Ns Ms Wheat, Dantzle, 1265. 1364. Nief SMITHFIELD MARKET; MAY RS. Ss SI to 41, O.Veal 4s Od to Ss 6d ' /140 04 Sr 64 to 4$ 114 ) Pork 4s 04 to Ss 44 lloa4 Lamb Ss. 64 to 6s. 64. ---• , —Sbaoir alai Lambs 14,1 70 —Calves 150...P1p 260. HAY AND STRAW PER LOAD. 44- O. to As. s•--Clover £6. Os to 111 , Ss. maw Al. 16s. to 411. LAS' IMELLIGENCE. COURT OF KING'S BENCH, MAY N. TUX IMO v. it. 0. BUTT. The defendant, in this case, was indicted for pnb lishing a false, wicked, and malicious libel, rtflect mg on the character of L , lrd Ellenborough. Mr. Rienitansosi opened tit- pleadings. The ATTORNa y - Otmut.u. then proceeded to state, the case to the Jury. I'. e defendant, together with Lord Cochrane and others, had been convicted of a i conspiracy, the particulars of which were so well known to ihe Jury, is er is unnecessary to repeat them. When brought np for the jotiginent of the Color, the defeadatit was sentenced to imprisonment, t.; stand in the pillory, and to pay a fine of £l,ooo' to the King. and to be further imprisoned until that' fine was paid. That part or the sentence which re sated to standing in the pillory was remitted ; the , fine, however, had been en f orce d, an d t h e l i b e l t or which the defendant was now to be tried, charged Lord Ellenborough, the Judge before whom the trial took place. with putting the fine into his own pocket. The Learned Counsel observed, whenever wicked persons wished to bring our Courts of Justice into contempt, their practice was to attack those by by whom the laws were administered r such had been the course adopted by the present defendant ; but in this instance the object had failed; the character of the Noble and Learned Judge against whom the slan der had been aimed. stood too high to be affected by the breath of calumny. It was, however, nut the less necessary to check these persons in their wicked and mischievous course. The respect which Jurors felt for Judges, to whose opinions they were in the habit of looking up, would soon cease to exist, if those Judges were to he represi-nted and placarded in the streets of the metropolis as men man and despi cable; corrupt, wicked, and covetous; wh.; per verted the course of justice to forward their own pri. vote gain and emolument. The trial of the &fen dant and his sentence took place in 1814; and in Marco of the present yotr, the following libel was placarded about the streets, as he should prove, by direction of Mr Butt " FAIR PLAT'S A Lord Chef Justice El. knburougls has committed a robbery of sei,o4:o upon me, by passing a sentence to make money, and put the King's fine into his own pocket, insiead of its going to the public treasury; I do hereby placard him as a disgrace to the Bench of Judges, to the society of Gentlemen, and to the nation at large. " uis , Oxford street. ' 6 R. 0. BUTT." This atr 514.. us libel, he should prove, was posted about the must public .streets of Westminster by de fendant's order ; and, having done that, he had no doubt what the verdict of the Jury would be. The proof that Lord Ellenborough was Chief Jus tice of the King's Bench was then given. The libel was read, and David Dunlap, a bill sticker, was examined, who proved that he had re ceived 200 of these bills, with orders to stick them up in the most public streets in Westminster, in Ox ford -street, Picca.iilly, &c.; and that he did as be was directed. Mr. Butt to the witness—ft I believe I told you afterwards that pits had done your duty ; and I paid you for every thing you did for me."—Witness an swered in the affirmative. Mr. Butt was then called on for his defence, and addressed the Court himself. He lowed that he had now been nearly twelve weeks confined, during the greater part of which time he had been stun up tna room with six • felons who were under sentence of transportation. He acknowledged having published the alleged libel; he had no other mode lett of bring.' ing the conduit to issue. He had been described as a madman; if he was so it would be no wonder, if the chlEculties into which he had been plunged by one of the greatest scoundrels that ever existed, Mr. i Cochrane Johnstone, were considered. Mr. Justice ABBOTT stopped the deleadant, and said, he could not allow him to take this opportunity of slandering persons in no way connected with the question at same. The defendant then resumed. He should now en deavour to prove what cause he had to placard Mi nisters of State and Judges. He would prove that Lord Ellenborough, assisted by his gaolers, had made use of the public money; and it he had done so, he ought to be exposed. He then proceeded to call his evidence. The first was reArkes, the Bow•street Officer, who apprehended him on the 6th of March, for the libel. _ Filewood, turnkey of the King's Bench Pri. son.—Witness recollected defendant's leaving the prison on the 20th of June, 1816. Defendant went away without paying his fees. He told witness be had arranged every thing with Mr. Bruchoffe, the Marshal's clerk. Wm. Audley was a prisoner in the Bench at the time the defendant quitted it ; on that morning he saw a Banknote for £l.OOO lying on defendant's table ; defendant said it was intended to pay his fine. Mr. Ju►tice A&IOTT ordered defendant to examine to facts only. conversations with other persons were not evidence. T. Gibbon, tipstaff to the Judges, apprehended defendant a few days after he quitted the Bench, by direction of the Marshal, he having left the prison without paying his fine. The Hon. Mr. Bennett, M.P. had been applied to by defendant to present a petition to the House of Commons: on reading that petition, however, wit ness declined, and told defendant his remedy, if he bad sustained injury, would lie in a court of law. Juseph Fearn, the defendant's stock-broker, on the 7th et July, 1815, sold out £1,200 live per cents. for defendant's use, and sent him a £l,OOO Bank note by Miss Butt, which note he understood was intended to pay his fine. Mr. Gunnell, toemerly solicitor to defendant, proved having paid a note of £lOOO to Mr. Barlow, of the Crown Office, for Mr. Butt's fine, on the 7th of July, 1815, and produced Mr. barlow's receipt fur it. Mr. Bruchoffe, clerk to the Marshal of the King's Bench, attended Mr. Gunnell, and saw the &IWO paid to Mr. Barlow, and the receipt given; no other fine was ever paid to the witness by the defendant. Mr. Barlow, Secondary of the Crown Office, paid the £lOOO into Gosling's house, not on the private account of Lord Ellenborough, but directly on ac count of Mr. Lushington, the Master of the Crown Office. Witness paid it as Mi. Letshington's se condary, as he had done many thousand pounds be. lore. Witness is not appointed by Lord Zlkak rough, .nor has Lord Ellenborough any power of re moving him, except be should be guilty of misconduct. He was no otherwise tinder the crotrnol of Lord Ellenborough than all the officers of the Court were. Examined by the Arroatm-GaNetrAL.—All fines to the Crown art paid to the Master of the Crux,' Office, and by him estreateJ to the Eicheyier ; il,e sum in question was paid item the acl.equei on the 12th of February following. Mr. Luslongton is ap poinied by the Crown ; he is Lord Eiletih-ir..tiA's nephew, but witness was not at all under his controul. l'he defendant then proposed to put in .his petition to the House of Lo r d s . M r . J ust i ce Anh ui t to ld de fendant no act of his could he made evidence for himself. The defendant said he wished the petition to be read, to shew hw hAd done every thing in Lis power in get redress, previous to putting up tl.e al leged libels. Mr. Justice Aurtorr was desirous of giving defen dant every possillle advantage. If any person present would prove the presenting that petition he would receive it. The defendant then called Sir F. Burdett and Mr. Bennett, to prove the petition had been presented. Mr. Watts, clerk in the Secretary's Office a t the' Bank, recollected Mr. Butt coming to the office at the Bank, and making application respec►ing some particular note, but could not tell what 'rote. Mr. Best, Secretary to the Bank, recollected the application of Nfrs••Butt to him respecting a note, and a desire to see the Directors. The Directors having decline 4 seeing him, he threatened to post them all, and witness amongst them. Mr. Hase, Cashier to the Bank, was next examined. The witness des not recollect ever having Seen the defendant before. Witness has not the note, Nu. 9544, in his possession. The defendant desired to have that note produced ; he wanted to shew the forgery on the back of it. Mr. Justice Abbott said he had no power to order the note to be produced. The defendant hoped the Court would indulge him. Mr. Justice Abbot said, his conscience did not accuse him of want of indulgence towards defendant, but he had no power tc order Mr. Best to produce the note. The defendant —" Mr. Best will you fetch the note Mr. Best—" My Lord does nit order me. and I decline." Defendant" Gentlemen of the Jury, you see he refuses to fetch the note." Mr. Manning, the Bank Director, had a faint re collection of the defendant's application to him, and he applied to Mr. Mellish, then Governor, and .ob tained permission for defendant to see the note in question. Witness did not receive any letter from Lord Ellenborough or other person, desiring Mr. Butt should not see the nom, nor did he believe any such letter was written. Mr. Wm. Mellish, M. P. did not recollect ever having seen Mr. Butt before this iv °ming ; that he had a faint recollectitm of Mr. Manti.ng's communi cation to him; witness never received any letter de. siting him nil to let the defendant see the note in question. The Directors had every wish to forward the cause of justice, and witness, with that view, had sent a person now for the note. Mr. Nesbitt, inspector of hand.writings in the Bank, was :hewn Mr. Barlow's receipt, and s..id he believed the signature was W. Birlow. The defendant then proceeded to call witnesses trace the note. Mr. Niaton, Deputy Receiver of Taxes, received the note from Mr. Warren, of Sta. tioners'.court, who on the 20th of July, received it from. Goslings' house. Mr. F. Gosling recollected Mr. Butt's application to bins respecting the note ; which was paid in by Mr. 'Barlow on the 7th of July, 180, and placed to Mr. Lushington's private account. Witness never heard of any balances of Mr. Lushington's account being paid over to Ford Ellenborough. Mr. Vansittatt, Chancellor of the Exchequer. could not say of his own knowledge, bat he understood Mr.' Lushington's receipts had been regularly paid into the Exchequer. The fi nes of individuals were not ' specified in the accounts laid before the Treasury, but only the sum total received from the Master of the Crown Office. Mr. Parrett, Deputy Comptroller of the Pipe Office, Was applied to in the course of last year by Mr. Butt, on the subject of his receipt of fines from Mr. Lush ington. Witness never said he had been astonished for some time to know where this money had got to. lie had written to the Lords of the Treasury respect ing the payment of fines by Mr. Lushington. Mr. Justice Assort —The mode of Mr. Lushing ton's payment of lines is quite irrelevant to the pre sent question. Mr. Hewins, cashier to Mr. Goslings. attended at the Mansion /loose when Mr. Barlow was before the Lord Mayor. Witness did not then refuse to tell to whose account the note was paid in ; he said then, as he said now, it was paid in to the account of Mr. Lashing ton. The defendant then called Mr. Birnie, Mr. Fa rant, Mr. Chambers, and other police magistrates, io give evidence as to his applications to them fur war rants against Mr. Barlow,—some of whom stated , they never saw defendant. Mr. Chambers had seen him, and took him for an insane person, and under that impression had as little conversation with him as possible. The Lord Mayor said defendant applied to him to take Mr. Barlow into custody- for forgery ; com municated the defendant's charge to Mr. Barlow, who attended and produced all the necessary books and documents, and proved, beyond a doubt, alter the fullest investigation, that there were nut any grounds for the charge. The result of the investi, gation wits, that there was nothing like fraud in the transaction, but that it was the most honourable to Mr. Barlow. Witness was aware that the defendant was dissatisfied with his decision. Defendant then called Lord Sidmouth c but the Noble Viscount did not attend. Mr. Swann, Member of Parliament, recollected having been applied to by defendant to present his pe tition to the House of Commons. He did present it, but recollected nothing further on the subject. . Lord Holland was applied to by defendant to bring his case before the House of Peers, but declined. Lord Torrington'. was applied to, and granted de fendant an intenvnew some conversation passed re- 1 specting the payment of this fine, and the defendant' wanted the Noble Lord to present a petition to the House of Peers fur him, but the Noble Lord declined. . Lord Gtey, Lord Erskine, and Lord Folkstone, were milled, but did nut an►wer. 41r. Barlow (again)—Wltneu•kept cash received by him in bis official situation, at Goiliiisst; bi. pri viste !striker was Child's. (lading? were Lord El. lenhoroneli's banker, as well as Mr. Lushington's. Mr. Hewins was again called back.--N rustle shuLnt~ of rh one thousand pounds was applied to Lord Ellenbornugh's use. Tie defendint said his case was closed as far ache could go without the n o te. The Cnuir waited some time for the arrival of the nott. when the Bank clerk arrived with it Mr.Wara seri proved, by an iiichirsrit.ent, that I.e received it troth Goslings' on the 2.4)th of Jniy. ISIS. hir..Nesbiu was cal'eJ back and shewn Mr. Bar• low's indonement, and said, that looking ■t it in a transient way, he should take it tor W. Barlow, bloc it might be taLen (idler as W. or H. Mr. Bulou —" The indorsement is mine, and this is the mode it. whi_l,, t . )r twenty years and upward , . t have signed my flume in die dividend books at the Ear.k, and in no other." Lord Coeirane was called, but did not appear. VI Duke of Bedford has also called, but did not answer. Tile defendant then clostal his ca:.%-. The Arroissev.etAritar. then rose rn reply, lied °Lie:vet!, this was the first case in which he, as A.- tornes-General, had prosecuted for lil e l, and ho had no doubt but many of Lis Learned Friends wrint.l blame him for not objecting to many points which he had allowed the defendant to enter upon; bth a s the de fendant stood without legal advisers, ands as ignorant of forms, and consideling the, high character of the Noble and Learned Lord who was the subject of this lib e l, h e had wished to allow the defendant to adapt lany mode of defence Will, 11 he thought fit. The de tetitialit had himself lllAtie our the case f..r the pree ctition ; for he had this day called Members of both Housesot Parliament, gentlemen al a ays vigilant and properly vigilant, in investigating all stihj.-cts of and private injustice ; all these nob :e .:nt! able persons, after lull ccnsideraton, had ier h , e d to ' hear him, or to take up his ca,e ; had nest .ip:dicti to Magstrates of lower rank, but GI as high hanoirr, all of whom, however, had declared for thtmsels. s, that they believed the defendant had no foundation nor the charge which he brought forward a.eainst Lord Ellen borough. He had also attempted to malign one of the officers of the Omit, a gentleman, though not equal in rank, yet equal in honourable feelings to the Noble Lord, and here his object had Idled ; he then had recourse to the last resort of a most malignant mind ; tie had employed his agent. to libel the Noble Lord, by posting bills in Westmin ster, in the very neighbourhood where his L had to discharge the high functions of the tit st Judge of the first Criminal Court in the kingdom, and of a Peer of Parliament. The Learned Counstl ten pro ceeded to comment on the es tJence, and observed, that on the evidence of the &fetid:tot himstlf, the charge against the N ble Lod WAS negatived. One observation he must make, an th it was on the evi dence of Mr. Chambers, to whom defendant had ap plied to have Mr. Barlow taken win custody ; 'OO stated, that from - the charge exhibit, dby Mr. But', and from his conduct, Lc beltt vesi tiro to be de. ranged. He, die Attorney•Getieral, was aware tiFit malignity had sometimes such an effect oa: minas, as to produce a teitau portion of insanity; hot in this case, it defendant vas mail, there ct as , ii - deed great method i n hi s inadoesc, amid lie 'w.is con vinced the verdict of the Jury would be inc. as to prove that defendant had thutred himself anti I ain hopes, .he ti4Si 44 b. , CsC pr pu ntsh menr 01, the grounds of insanityator one t f the aossest libels that ever was published on any ind,vidual. Mr. Justice Meter? tliea proctedtd to sum up the evidence, upon which lie conimented ai he prim, cried, and observed, that with All the latitude which the Attorney-General had aliovetd to him, he had ii t succeeded in making out even a shadow of ch tike against the Noble )..orcl, who had now presitli-d tor 15 yews at the head ut that Court, and whose conduct in adnrinistei ing justice, every one a ho had had asi o; , - portunity of observing it, he was convinced, a twirl agree with him, was such as to place hint abov! as suspicion. As little foundation there Inr the charge which had been brought against Orel. respect. able Gentleman (Mr. Btaisej, whose character for honour and probity stood unittipeached. No p.irt of defendant's evidence could at all apply to the pre sent case. The Jury would 110 W say whether dant was guilty or not guilty t the qu.,•stnin of pu nishment would be for the future consideration of the Court.—The Jury, without hesitation, found deten dant—Guilty. Tun KING W. RINIAILD OVITIV);IV BUTT. Mr. SIIEPIIERD at.ded, that ttiii was an indictment against the defendant I. r a libel op I. , ird Castlereagh and 'Ptie airrousiEst-GENEit,st. then proceeded to ad dress the Jury, and stated the libel, whin, imputed to Lord Ellenboraugh that " lie unjustly consisted him, Mr. Butt, to make money of I,isti :" a lalser, or a fouler imputation never was cast upon nun. As to the meaning of the ins one could clooht it, and the mode of publishing it was intended to interrupt the course of justice, aild to bring the Noble Lord into contempt. With respect to the 111).1 on Lord Castlereagh, it appeared that some discussion had taken place in the House of Commons on the sub. jest of the conviction of Mr. lint and others, when Lord Castlereagh stated id the Mouse that Mr. Butt had petitioned the Prince Regent to remit the swish. went of the pillory ; whereas the defendant now said he did not petition the Prince Regent tot A remission of the punistment of the pillory, but fora remission of the sentence altogether, as unjust. This took place in 1814, and it was suffered to rest till 1017, when the defendant thought proper to publish tilt libel in question, stating, that la 1814 , Lord Castlereagh had asserted a falsehood to set ye his own purposes. This libel was not argument, but it was a base assertion that Lt rd Ellentwrwigh, for corrupt purposes, Earl perverted the course of jii..tice, and that Lord Castie. reagli, for the basest plAt pUSC., had asserteJ a deli L-f-rate -rate fabehood. D ivid Dunlap, bill-sticker, eX3 mined h t!i? form: r case, proved, that on Tuesday, March 4. the defendant applied to witness, at }as residence, to post some large bills for 1 iii. Witness received one lorr• dred bills from defendant, which were to to posted in Piccadilly. Westmins:er, &c. they scere posted in the most conspcuous parts of the strcer, anJ Lett 414 y Mr. Butt paid him tout shillings for his trouble. and gave him .wo hundred more bias, wit:i directions to post them also. • • t • T he was put in and read. It was beaded...- " filloty, Pillory !" btr.s. aLd I