Star. — London, England, 1817-06-06 00:00:00

not generally known, perhaps, that it was imported from that infamous Court, the Star Chamber, which the virtuous Commons of England had abolished.— It was, indeed, a part of the Justinian code, and was imported from Constantinople. that land of slavery, to be employed against the liberties of this country in the 19th century. With respect to the imputed libel, it was -only a part of.a General Essay upon Administrations, from the French Revolution to the present time. The Attorney-General had said there were no particular motives for this prosecution. He could mention a motive. Mr. Wooller wasthen pro ceeding to detail certain proceedings of a Reverend Magistrate in the country, named Powis, who bad committed we of his, the defendant's agents, for sel ling_UnfreffSped- papers. Dre.Arronnev-Optenat, here interrupted 11111 de fendant> and submitted that he had no right to intro duce the name of a person not connected in any way with the present case.. The. Defendant contended for his right of doing so, to thew the origin of the' present prosecution. Mr. Justice Anson, however, held the objection of the Attorney General to be good. The Defendant continued. It was never till this transaction nal complained ot by him that his publi cation was i.o:iced 4 and soon atter Lis agent was ap prehended ter a libel. Toe defendant then repeated, that public writers had a legal right to discuss the measures of Minige:s ; and that doing so with free dom and boldness, was not refizcting on the King, since it was as established sioctrinc that the King could do no wrong—a doctrine which left all the mea sures. if Grer l ereniept ip the situation of measures of Mieenote only, unfit's such, open to discussion.— The defenslant.then proceeded to read long extracts from rotmer *Publications, and front thence ea/led on :14 - Jury, to. decide whether the alleged libel was n;;; flue contintertion of a long and extended alvieei of the measures of former administrittions, cemmencing at the period of the hunch Revolution. lie was ready to admit that the language of the ar ticle in questicht was strong—be intended it should bt strosig: and he now asked, whether all the pro-1 raises made by Ministers, through the course which had reviewed, tad not been falsified?—whether eley, inatfad vi being the guardians of the liberties of C:e Cor.stitution, had not invaded them? He called ea Ministers to say, whether they had not done this, by lice suspension cf the Habeas Corpus Act, and by the Caggit,t Bills ? and theae measures he alluded to when he o..id the Constitution had perished at St. Stephen's. What he had said of the agent's of slavery and degradation, had been much co:mewed on.— Had we not stranding armies in time of peace i Was. not the Habeas Corpus Act suspended ? and he must ever consider as the agents of slavery and degrada tion, those who could not govern us without suspend ing our Constitution, and invading our liberties. The defendant continued to read and to comment on the different passages of the alleged libel. As he pro ceeded, he said his sentiments were those which the future historian would write, and which he would continue to write, as long as he had the power of holding a pen. He was well aware, notwithstanding the declaraion of the Attorney-General, thai. the pre sent prowcution was not intended against him only; but that it was intended, through him, to attack all public writers who might presume, as be had dune, to atracf. —not individuals, or their characters—hut the nrzat.t.res ot Administrations generally, ever since the period of the French Revolution; and the Jury would now have to say, whether, in doing this, lie, and othess.who acted with him, had been guilty of bel and a breach of the law ? Standing as be did, he should throw himself entirely upon them, fully per suaded that they is oald by their verdict do justice. The Atrounev-GeeNeitaz. then rose to reply, and observed, however the defendant, or any other per son might call themselves public writers, lie should never take the Law of England from such sources, but from the long-established practices and decisions of the Courts ot Law, and the wisest Judges who bad ever graced the Bench. One cause of complaint on this occasion, the defendant could ant make ; that was, that he had not been allowed full freedom of speech. The defendant bad made foil use at hit pri. vilege, and in the course of his address, had claimed for those who called themselves public writers, a pri vilege of imputing to public men, the most corrupt and wicked Intentions that ever could enter the mind et 1113 an. If such a claim was to be established, he would ask of she Jury if it would be possible that any Government could exist ? He would ask. whe ther such imputatioes cast on public functiOnaries, could be classed within the meaning of fair, free, or be would even add, though the mad' had been so much commented upon bold discussion. Whether ft could have any other object than to stir up disaf fection and corruption to produce revolution, and to excite and stir up the energies of which the defen dant had spoken against the King and his Govern ment, and with that intention be now charged the defendant— (Here were load ex/Ire:rime of dirapproloation in the Court.) Mi. Justice Anaotr again declared, that though with great reluctance, be should, if this conduct were repeated, feel himself obliged to order those who die-, terbed the Court to be taken into custody. Persons who wished to see justice administered, should be aware that it was not to be obtained by any attempt so influence its administration, either by espressions of applause or disapprobation. The A TTOMMit-GENZRAL resumed. He would never be deterred by any clamour from discharging 1.4 duty whilst he had strength to do it. He con tended, and he was convinced the Jury - would think so too, that she defendant had not in his whole ad dress uttered one sentence which operated as a de fence. He (the Attorney General)•did not mean to contend, that the Jury were not the proper judges of the law as well as the fact of libel ; and they would say, after they bad received the treneSt of his Lord snip's opinion, wbeo the paper should !Live been put into their bands for their consideration, whether this was fair, free, and liberal discussion; or whethei it was not calumny, Weeded to sem the most wicked an d mis.ievous purr:ties? Thelnestion they would rave to decsde wai most important one; for if this was n ot a mb i d, he was at a loss to conceive what language could hereafter be called libelous. Mr. Justice Amore, his summing up, afte r stating the words of the alledged libel, said, the question for the Jury to decide, was, whether the publication iu questioa was or_ was not libellous?— They would bare to say wl.etl , er it wet fair. free, and liberal discussion, such as every man had a right to enter into on the conduct of public men and upon public measures? The Defendant, in the opecing of his Address, had thought proper to complain of the coarse which had been adopted in prosecuting him. He (the Learned Judge) felt it his duty to say, that proceeding by information was legal, and as old as the law itself. The Defendant had said that this could be no reflection on the King, because it only applied to the Ministers: but the Jury would be aware that expressions might be applied to measures not only tending to affect the Throne itself, but also to bring into discredit both Houses of Parlia ment, who - had agreed on the necessity of those measures. The Defendant had also sad, that the law of libel was imported into the Court of King's Bench from the Court of S'ar Chamber. The law of libel was known in the Court of King's Bench long before the Court of Star Chamber existed.— The Learned Judge then advervd to the opinion given by Lord Camden, a judge always alive tt,, and Anxious for, the protection of pu%lic liberty, in the case of Mr. Wilkes and General Warrants, tried in the Common Pleas, in which that great and Learned Judge declared it to be the duty of Courts and Juries, whenever attempt: were made to discredit the Go vernment by libellous publications, to set their faces against such publications ; otherwise they would be come parties to the overthrow of the Government.— The Learned Judge then proceeded to comment upon the libel, sod observed, that the measures impu ted by the defendant m Ministers, and for which he spoke of them in such strong language, could not have been canied into effect by Ministers till they had first been adopted by the Legislature. With re spect to the libel on Lord Castlereagh and Mr. Can. ping, the defendant had drawn a parallel between An °Sender in the lower class of life, ono one in the rank of those individuals whom he had men , tioned. Lie then applied the parallel to them, and said, whilst the gibbet was got ready f. r the one of tender, the scaffold should be prepared for the other. After some further observations, the Learned Judge concluded by saying, it would be expected that he should, as his duty called on him to do, give an opi nion whether the publication was a libel or not? He had no hesitatior. in saying, that in bis opinion it was a malicious, scandalous, and 'seditious libel. In answer to a question from one of the Juiy, his Lordship observed, it had been repeatediy laid doin by the must eminent Judges, Lord Raymond and ethers, that proving the truth in CaSti. of information or indictment was no justification of libel. The Jury then retired, and after being locked up for about two hours, they returned to the little room behind the Bench, and two of them only advancing into the Court (the remainder not being visible), all their names were called over in the vv.,' form, ex cept the talesmen, and being asked whether they had agreed upon their verdict ? the Foreman pre duced a written paper, which be said coi. tallied the special reasons upon which three of his Brother Jurors consented to join with the rest in a verdict.; but being stopped by the Learned Judge before the contents of the paper were read, by the petemptory question—. (i whether they had agreed upon a verdict of Guilty or Not Guilty r"I'lle Foreman said they had agreed upon a verdict of Guilty, but—(and appeared to be going on to state the special circumstauces of the verdict) —when the Learned Judge recorded the ver dict of Guilty, and the Jury retired. [At this time the trial of a second 'information against the defendant for another libel, had advanced nearly to its case. and atter the second Jury bad been charged, and had retired,] • Mr. CIIIITY, who bad been in the mean time in structed to act as Counsel for the Defendant, ad- Messed Mr. Justice itairry, and acquainted his Lordship that the three Gentlemen who had sat upon the former Jury having dissented from their brethren as to the mode of bunging in their verdict, they could not consent to return a general -verdict of Guilty. They desired to return a special verdict, or withdraw their finding altogether, in order to have it recoasides ed. The Learned Counsel was quite per suaded that the Crown could not desire to have a verdict of guilty against the defendant without the unanimous concurrence of the Jury. Mr. Justice Anaorr said, that the last observation of the Learned Counsel was quite unnecessary—it might have been spared; for it was dot to be supposed that the Crown could wish to act otherwise than was consistent with law and justice. The Jury, however, had returned a general verdict of guilty; that verdict had been recorded, and it was now too late to recal it, the Jury having dispersed. The Defendant interposed and strongly protested against this proceeding, as cruel and oppressive. It was contrary to law and justice, to :eject the special verdict of a Jury, three of whom bad doubts of the defendant's guilt. Mr. Justice ABBOTT expressed his utter ignorance that the Jury at all doubted of their verdict. They ' were distinctly asked whether they had agreed in their verdict and the foreman replied that they had. The verdict had been recorded. It was now too lawand contrary to all practice to disturb it. If any doubts were entertained of the verdict, it must be the sub . jeer of a motion in another place. The "Defendant said, that the Jury had not re turned their verdict in open Court, as by law they were bound to do, only four of them being visible to the by-standers. Mr. Justice ABBOTT said, that he could hear no more upon the subject in this place. The matter must be the subject of a motion in Term. TUE KING v. THE SAYE. This was a second information against the same defendant, charging him with prirti"g :it'd publish ing, on the 12th ut February hest, in a publication called The Black Dwarf, a lib of and conce: - ring the Commons House of Parliament ; of and cencerning the People of England; of and concerning King John and King Charles the First; and intending to Wing into contempt the right of petitioning. The ATTORNEY-GENERAL read the libel, which stated, u that notwithstanding the repeated proofs which the People had received of the folly of Peti tioning the House of Commons, where their Peti tions had. been treated with neglect, yet they still adhered to it with the • strongest affection , he People contended for the right of Petitioning; they had it ; so bad the slaves of the Dey of Algiers.", —lt continued—v Do you not see that the right of Petition, in the sense you enjoy 14 is osly shat you cat' not be deprived of —no. not even if you were lashed • to your work daily by a herd of slave-drivers? Da you not perceive that the MAN must be destroyed, before the power of complaining can be taken from him ? And what is your right of Petitioning mo'e than the power of complaining, and that limited too I by those who tell you, that you have an undoubted right to grumble. When youpresent such Petitions, as your masters deem fit to be received, what do you get by it ? A clerk, who ought to be sent to school . to learn to read, is set to mutter over your Petition. Then it is moved, as there is nothing disrespectful stated, that it do lie or. the Table. It the Table will hold it, welt and good, it may lie there; if not it will lie under the Table, until the sweeper comes and clears the floor, for the reception of more Petitions. And what good do you get by all this? Literally none. While you possess the right of petitioning, and your omnipotent Representatives possess the right of ne. glecting your petitions, it is just the sane thing as if you had no right at all. This is the Best side of the question. This is the view of the case when your petitions are deemed to be lit to 'be received. For you see that your right of petitioning is confined to a peculiar mode of expression. It your pockets are picked, you must not pray the House of Commons to ball a Minister—you must civilly ask them to be so kind as not to let him do it again. If your valu able Cons itution is injured, or totally destroyed, you must only ask for its renovation in the most mild and gentlemanly terms. The I louse must not be insul ted ! Oh, no! the House must not be insulted.— Although every body knows that the House of Commons, collectively taken, speaks neither the voice of the People, nor attends to the wishes of the People—although every boay knows that a ma jority of the How-, of Commons are all this is to be veiled in silence. V 1 e may petition the House for Reform, if in the same breath we will admit that it wants no Reform ; we may entreat it to restore us the blessiags of our Constitution, and give us back our right; if we will confess that our rights have not been inhinged upon, and that the bhosings of the Constitutiou have never been im paired. Such is now the state of the Rigid ot peti tion.—But were our ancestors fools then, and slaves? No, neither. They were men, hut not scholar:.— They approached their Monarchs with Petition; it is true; bet then they carried arms in their hands to support them. They did not rata* to petitiorn when they employed a term which custom had tami liarly applied to Addresses to the Throne. The bast complaint was a petition, in its Modern Big:rifle'. tion, the second, was the determination to enforce it. Wowid petitioning have ever obtained the constitution? How then can, petitioning be expected to preserve it ? Was John petitioned to sign Magna Chains ? I Was Charles petitioned to lay down his head upon the block ? —vas James petitioned to abdicate his Ithrone ? Or was William petitioned to accept the Bill of Rights ? No I no I the right of petitioning with our attestors meant the right of laying their grievances before the highest authority, and deman ding, or enforcing an attention to their wrongs.— With them then, you see that the right of petitioning meant the power of obtaining redress: With you, it means nothing—but that you may assemble, in your paiishes, when you can get leave of the Rector and Churchwardens ; in your towns, it the Mayor chooses to call a Meeting ; in a tavern, if you choose to be taunted with the rebuke, that you are not all the in habitants of the town ; in the fields; if you wish to be called a mob, and to be surrounded with soldiers; and when you have met, you may state your opi nions, and make speeches. and call yourselves free men, and say you untaxed by those whom you never elected ; and yet that you are all free men;all free born Englishmen." The Learned Counsel commented upon the alleged libel at considerable length. The Defendant, in an animated and ingenious ad dress to the Jury. contended that this second libel was really beneath the dignity of a pres.ecution ; and ar tall events, in whatever way it could be considered. it was no more than a fair historical review of the boasted right of Petition. When the libel was read it excited a good deal of laughter amongst the audience. The ATTORNIV•GENER AL replied; after which Mr. Justice AISIOTT summeritup, going minutely:over nearly every paragraph of the publication, and de claring it as his decided opinion that it was libellous : that, however, was a question, the decision of which by law rested with the Jury only. The Jury retired for an hoar, and then returned to the box, from whence the Foreman delivered the verdict of Not Guilty. As soon as the verdict was declared, the Court rang with acclamations, which continued during several minutes. The Sheriffs at length interfered, and put an end to the disturbance. The trials occupied the Court from half-past nine in the morning until past six in the evening. Soon after Mr. Wooller was taken back to the King's Bench prison in a carriage, accompanied by the Tipstaff of the Court, and several Peace Officers. A crowd followed the carriage into Cheapside, cheer ing the whole way. Yesterday an Auxilliary School Society for the education of 300 Girls was formed at Islington, under the patronage of their Royal Highnes ses the Dukes of KENT and SUSSEX. The Duke of BENI+ , no has agreed to be President.. The meeting was nume rous and highly respectable. A most convenient school-room has already been provided by the friends at the Institution, and there was a handsome collcc ticn at the conclusion of the business of the day, to winch many Ladies most liberally contributed. In favour of the general Education of the Poor, we will state here a fact alluded to by Mr. Hunts at the Islington meeting, and resting on Returns made to Parliament—that on an average for nine years, the commitments for crimes in proportion to the popu lation were as follow :—in Manchester, one in 140; in London, one in 800; in Ireland, one in 1,600; and in Scotland, one in 20,000! 'l'he Anniversary of the National School Society was held yesterday at the Central School roam in Bald win's Gardens. At one o'clock the ARCH als Hoe of CA NTT a nu R r took the Chair, supported by the Archbishop of York, the iii: hops of Jyrttm, Laster,Carllsle, Chester, ILbusdatf, Oirord, Gloucester, Ely, and St. Asaph's; as wdl u by Lord.enyon and Kat!turd, Dr. Bell, Mr. Wilberforce. Mr. Dunconibe, Mr. Barton, and the respectable Society of Beavtarles delegated on the occasion to attend from the Wort:Idol Schools throughout the./Eingsksat.— The address from his Grace the s Archbishop of Cauterbery was succinct and animated, embradng the principal heads Loofah:ed io the Report of the Committee. ki.oly the what to ths. resperiable names we have ermuerced, alto adj teoe l in d ; and, whilst it VMS ptClAintil IgratifF:ng fur to 1, 17 900 scho o ls m' ht be reckoned as ;rt orlon r:ith the Sodt ;a , that the blessingl of Edacst/on, under the admirable t y Dr. Bats, was dispensed to reariy 1100,0c0 chi l dren, yet ate pained to learn, tha• the disbursements or the Cat t o a:chiding ale expense of training matters lot the `chuoll, antour.-td last • ear tn. the sum of ‘lOOO hetet.; rteripts;-•-Ho.vever we cos-tally concur with the C..e Prelate in opinion Vat this defalcation will be no sooner ke , ..e. t . cu the Britith Pubbc than their liberality atilt again restet•aie tut.ds of this mots exc.:Rent bistitutior, which wears add, the Prit.cr ktae,rr, at a mark of hts Royal appr , .l‘.. , has new constituted a Corporate Noel. THE EVENING STAR , LONDON. r - r Ey sn error in the pry's, in our Paper of yet•ere-. 7 , *s o , specking of thr kprriEn Military etnployrd in Aur s•-•%..t ,it stated to be gvr:ri...7 thtttad of intqer In point of :o the Brits.ll Attain y. Indeed, the dteidca/ superiority trttidi Artillery to that shy ntl CT PAM', it I:OW PO fo t and ackuutriethel, :tat ttr :rust this typoitapWcal 't aliscsold mislead nobody. FRIDAY, JUNE 6, 1 s :7. PRICE OF STOCKi THIS DAY A I TWE I.VF. O'CLOCKe Reduced ;2tia--Cuuuds &hut-4:011.0s Coe Opg. :3; 4 per Cent. :...)11—Navy, th. IS& it„ Ludic Sundt ui e.e pre. The Message of the Prime Reovrr, relative to the continuation of the Suspension of the Habeas Corpus Act, came under the consideration the I louse of Commons last night, when, after an nived discussion, the Papers transmitted with :he Me3safe were remitted to a Committ e, cnnsist.ag tlf the same Manbers as composed the fencer Corr.- nui'tee, with the exception of the present GENERAL, in place of Eir WILLIAM GAREOW, (icy Baron of Exelte7.ller. The Thanks or the Timm were vcted to the late SrcAt:r.n, and also an Address to the Pr:xcr. l) .:::u.N; ) expressive of the readiness of the Howe to concur in any measore which his Royal highness might take to remunerate hi: long ar.d important services.—Ao objection was made to the Vote of Thinks by Lora WILbIA't Russ:..c.t., on the ground of the Speech de livered by the See ace: at tl:e 134 r of the Pose Lords, in 1:13; hot he rls not sopported by ary other Member, and the Vote passed without a ei-..:sic• The Paris Papers of Monday and T.:es,:fay aro this nicrning.—The Doke of WELL!Nr.":"N arris at Paris from Cambray on Sundry night. A Toulouse Journal states, on :IT authn-!tv of r , vate letters from Perni7nan, ct date tl.:e leth that the Spanish Gems?' VILLA-CANT°, I an attempt to rescue General LAcv trout thr pr:s , in which he is confined at Barcelona, but had Lib in his design, and was himself arrested. The Princess of WaLvs is stated to have dr,. from her villa_en the Lake of Conan, for Rome, of the North of Germany, as was late: , r^ , -1.•:L.. French Funds. 2d June, 664 r. We have received Boston Pipers tic May this morning, but they contain ne 0. portance. The British Tar, DAVIION. arrived at 8 , 4te1l Liverpool in 24 days, and 21 from the Downs. *l-; is considered one of the shone t passages , -er kr Mr. Conran• and his two Sons arrived at New on the 6th of Miy, is the Importer, all well. The East India Company's ships CAMBRIDGE. LADY CAVTLEREAGM, arrived off the Isle of %VT, yesterday—they left China 2lth January, and S. Helena 15th April. ;ot.F.ltNess, JUNE s.—TheCatharine,Scßomboatul to I.i:;bcn, arrived at the Nore the night betn..e l a ce: she proves to be one of the vessels captured by t!..s Tunisian corsairs, and recaptured by the Stork cutter. cosoN,R, I I :I I E N L 2 A u E N sT CH — O L l i .:i t I C :e A t ' a re t k o S I . l.l ll l o lo P oit H. ion E the White Hart, Duke.streer, Cre,ved.:.r-square, on view of de body of Mrs. Nevinson, wife of Dr. C. Nevinson, of No. i 4 Somerset-street, Portman-square, who ca rn e to her death as ri appear by the following evidence: Mrs. Sarah Berets, matron M e.r. George's Workhouse, Hare• ver•square, said, that aired. Atte o'clock on Tuesday evcnitte she was passing thruaeh Portman square, in company with a !'t male Iriend, who suddenly called oat," Oh, dear Mrs. Barer, look at the Lel) !" Witness Irv:iced and saw a lady lying 1n the r. :1 bleeding pet:4%15.4k hlie intnteduttly flew to her ass.stance s :. - i found her apparently de...1; the ;tilled cif he: jew Is . and demi her to be conveyed to Dr. Le N'ann's, in Orchard.-teed. A 6 . t yourg lady rushed out of the seutare, ar.4 szid—st OA! my c••t! tnother—my dear mother!" The deceased Was conveyed Mr. Le Mann's, where she bad not been long before the rt fortucate Dr. Neeleson entered, and with the ;fewest rto of mind began to administer remedies to the dea,tased; soon a; he felt the skull, be tittered a I.lercirg crick, att it.• the piteere of despair. Then, as i. tvite ret. ,l l.ctien his mind, be threw his arse; retund the rnaeimate cosest, :* 1 • "Oh! my rare ttionate mks!" Ti!tt set2t t-o rn :it ter st at-;;, 41t: turned away and raw r s me: e, nut tighlerttApes eV" the heat e•broken husband and his children are as t , :f St fated intitul derangement. Valliant Fender, of No. 96, Little Corm-Wed, ftatetis about he.: o'clock on Tuesday evening ke ters cutnitig thr.":tt Portman-square, when his attention was et:dd.:sly affect!. t: • ing a IliburY Fig, containing a L.edy and Genrier.tati, drivl fertously frum Gloucester-place, and mend the Eoeth ride the square; the deceased was at that moment coon - 't asst c , the gate accnripanied by bee dau g hter , but heave she eta avoid it she was knocked down, and :he chaise drive Witnecs uttered an exclamation of horror, rod to his tee: others, ran to the lady's assistance. The chaise •:reve on tesor:' Baker-street, where it was overturned, and the gentleman kitty thrown out ; the former was severely irjered and tak:en:' neighbouring surzcor's. ' Croos.examtned.—Did not tee the chaise befere it came out ' Gloucester-place. Peheves the horse to he total's? ur-`ntlae‘ d 3! Did rut see the whip applied once. .1 he (..;entletrzn t eem pull with all his might. Witness is vent josige of hots "• does rot know whether that was a restive Mr. A. Le Mann, of Orchard - strte t, Portete-seeztre.:l' Leon, said the deceased was brought to his ,hop quite C ! '• The left jaw was broke, as well as the side of the !wad, A" . . check hones ent;rely teat in. He .11d net knatw the o.,rr st., but a friend of his did, who knew tint 13 be well ae'r: its bring a bolties horse, having often had similar ,mule''' ' The The Beadle heeded in a paper with the l i a n tieette: which was " Mr. Gourd, Pleasant-rc , e, Pc ntonvire ; Jury, after a long controversy respe.tting ;!.e. verdict, = until Monday evening at seven o'clock. tenWinuibtutitwes°b°eDfeSrcel'fijotBir3-s.—Batle'cil.:aerndelYtilmlicitarnl;npgastr fLirre:i ill the Alterllooo they Lad completed ee miles and a half r LUZZ)CI•I I A:naiad aid pub:i,hec Li. /..VI IMA.• of ate w. SC k en , ‘ ;Vt•:c;,, krt..e. ; It• W Sr"! it r.. 4 ' 0 the tot icc44l:4 ICKs t;ire to I,4beas ri the In ith :he sist.og Cow.- Wait 'cur 13 it take r Lord !ch de- r:se ci by :iry 2! -- i/ed of r h llaj rearm failtl ^ld?. o ri 0: r?e ;news. Ycek or all WT't