Star. — London, England, 1821-09-24 00:00:00

BONG. • • • ALOAVALIsICH, IMITATED FROM TM (MIMIC Tum—Roy's nye! (riOX TIM LJTWIT cutoxFix) Will ye go to AldavalUeh? • Will ye go to Aldavallich? Sweet the mellow mavis sings, Amang the braes of Aldavallich! The*, beneath the spreading boughs, Amang the woods of green °lent:dila, Softly murmuring as it flows, Winds the pure stream of Aldavallich ! Will ye go to Aldavallich? ate. The first gowden smile of morn, And the last beam that ev'ning sheddeth, 73aith that echoing vale adorn — That brightly glows, this mildly fadeth! Will ye go, &c. Short is there hoar Winter's stay, When Spring returns like Mein blooming— Ihnd in hand with rosy May, With balmy breath the air perfuming! Will ye go, &c. But there's a Bower, a fairer flower Than ever grew in green Glenfailleh— The blithesome maiden I adore, Young blooming MA! of Aldavagicht Will ye go, &c. Let me but pu' this op'ning rose, And fondly press it to my bosom — I ask no other flower that blows, Be mine this modest little blossom ! • Will ye go, &e. • The . Lady who favoured the Public with the well-known song called " Roy's Wyk," forget to mention the obligation she lay under to the original, of which the above is a close imitation, and, in some instances, a literal translation. This beautiful air is at least 1:b10 years - old, for I learnt it 28 years ago from a Mrs. M'Hardy, who was then in the 106th year of her age, and who said that, when a little girl, she had learnt it of her mother; whereas, the Scottish words to the same tune have not been known half that time. Indeed, the greater part of the old Scot tish melodies may be traced to the Gaelic liards:—" The Eerie ter the crooked horn," " 'flee rack and the wee pickle tow," &c. are of Gaelic original, and have been known in the Highlands from time immemorial. As lam upon this subject, I cannot help mentic ))) i)) g that the last stanza of " Roy's Wife" has been ren d( red downright nonsense, by the creation of the uncouth term Walloch, in under to rhyme with the proper name Aldivalloch. New words are daily invented, to designate things not already adequately described, but no such dance as " The Highland Wel loch' ever did exist, though any one but a Highlander, on read. 1 the stanza iu question, would be led to suppose the reverse. - .as LANCASTER ASSIZES, SEPTEMBER 20. yROSECUTION BY TIM BRIDGE-STREET ASSOCIATION, AID CONVICTION BY A LANCASTER SPECIAL JURY. ICING V. RIDGEWAY. - _ - - _ Mr. Tunst, opened the case, which he said to be an indictment charging the defendant with having published a libel on the King, the Government, and the Centitution the country. Mr. Serjcant HuLtoca said, his lend had already ;affirmed the Jury of the nature of this indictment, and that his duty, as the prosecuting Counsel, would lie in a very narrow compass; and he felt no inclina: Con to exceed the limits of his duty, because the lan guage was too plain . and manifest to be misunder stood ; and if they, on hearing the passages read, were not convinced that they were of a pernicious end evil tendency, he could use no argument that would bring their mind to that conviction.' The de fendant was a fustian!stitter in 'Manchester, but add ing to that business the selling of political pamphlets. Toe libel was to be found in " A Sew Year's Address to the fliji)rmers of Great Britain," which he should prove to have been purchased of the defendant. The Learned Counsel then read the folhAving passages of the libel : es T o talk about the British Constitution is, in my opinion, a sure proof of dishonesty. Britain has no Constitution : it we speak of the Spanish Constitution, we hove sonwthing tangible. There is substance and meaning, as well as sound. In Britain, there is nothing constituted but corruption; the system of Go verntnent—our very laws, are corrupt and partial, both in the m. selves and in their ruineinistration. In fact, corruption, as noto rious as the suss at noon-day, is an avowed part of the system, and is denominated the accessary oil for the wheels of the Go vernment. It is a most pernicious net to the interests of the PeoPle•" And in another part he says: • Reform will be obtained when the existing Authorities have no longer the power to withhold it, and not before- we shall gesin it at early without petitioning at with its and I 'resold :spin put fan ward my opinion, that something sesenstenn a petitioning attitude it necessary. At this moment I would not say a word about in surrection, but I would strongly recommend union, activity, and cu-operation. Ile ready and steady to meet any concurrent cir tunutances." Publications of this description were usually sold low, so that they might be within the reach of every one. This document was published at the low price of two-pence, in the heart and centre of Manchester, a place of great population, and subject, as we all know, to great political agitation. Their judgment was to be exercised in considering whether this libel could be innocently published, or whether it was not published with the intent ascribed to it in the indict. ment ? The man who would say that the laws were corrupt, he would say was not contented with his si tuation. They had only arrived there yesterday, but no man who had been in attendance for the last ten days would say that our laws were not duly admi nistered ; the poor man could contend his rights with the proud man, under a perfect reliance of receiving justice from the hands of those to whom the adminis tration of the laws of the country were cuts usted.— Ile would put it to them to say, whether a man who could give publiCity to such a document, " that Re forin.would be obtained without petitioning," and! " that something more than a petitioning attitude was necessary," could have any other motive but to stir up•insurrection and discord? Mr. BROUGHAM objected to that part of the libel going to the Jury, and also to his friend's putting a meaning to the passage on which the record was si lone. No meaning or inuendo had been placed upon the rccord,,nor had the defendant had any notice that n meaning was intended to be put upon it; he was, therefore, uaprepared to meet it, and he should take his Lordship's opinion whether that part should at all go to the Jury. Mr. SErjeant HULLOCK.—Certainly his friend was premature in his objection, and he did not think it could be maintainedin law. _ _ _ Mr. Justice HoLamas said, that it was a matter to be urged in arrest of judgment, rather than at the present time. Aar. iespect to its being a Mat ter for an -arrest ofjodynent, ire &Wed from his' Lordship. If two passages were charged as libellous,, and one containedinuendoes and the other did not. and theJuryfound a verdict generally, how was the Court afterwards to say upon which the defendant had been convicted ? By suffering it to go to the Jury, they may affix a meaning totally different to what the indictment intended to charge, and how would it be possible for the defendant to guard against the impressions they might act upon ? Mr. Justice HOLROYD said, the Jury must have the whole record before them. Mr. Baoumsass.--Then he felt it his duty thus early to make an exception to that passage going before them. Mr. Serjeant Hotiocrt resumed. He had nearly finished, and had only a few words fu r t her to add. What, he said, could be the meaning that something more than a petitioning attitude was necessary, and the allusions to the Spanish Government? Why the ob ject was so palpable, that a he who runs may read, and reading understand." It could only be to raise up tumult and confusion, and he beseeched them se riously to considerif it could have any other motive. He rejoiced, he said, that the defendant had employed the assistance of so much talent, and after they had heard his eloquence onlis behalf, he would venture . to affirm that they would come to the conclusion that this was a false and scandalous libel. Evan Miller knew the defendant; he lived inMan chester, either in Swarbrick or Sackville-street. He keeps a small shop, chiefly consisting of pamphlets and books. He also saw checks and linens. He re collected seeing a printed paper upon his shutter— " Just published, an Address to the Reformers of Great Britaiu." He made an application at the shop to purchase the pamphlet, on Tuesday, 27th March last. He was directed to apply there for it by Mr. Thomas Nadin, a Solicitor of Manchester. He is his der k. Ile saw the defendant himself, and asked him if he had the pamphlet called " A New Year's Ad dress to the Reformers of Great Britain ?" lie said he had not, but was writing that evening. and he should have it by the latter end of the week, and if the witness would come towards Saturday, he made no doubt but he should then have it. The witness promised to call again on the Saturday or Monday following, and after looking at Hunt's Life and some, ether political books, he lett. He called on the Mon day morning following, but the defendant was absent from home; he repeated his visit in the evening, and saw the defendant. He said he had not got the book, but that he should most probably have it by the Fri day following. He said he had some before the wit ness called the first time, but he had sold them all. The witness said it might be proper to observe, that there was a sign over the door, on which was written, " David Ridgeway, Dealer in Tea, Coffee, Tobacco, and. Snuff !" The defendibt asked the witness if he had a book entitled " The Divine Right of Kings to Govern Wrong ?" He said he had, and the defendant spewed it, and read several parts of it, hT way of ex-, plaining those passages that referred to the pictures that were on the back of it. He called again on the Gth April, and saw the defendant, and got one of the Addresses from his hands. Cross-examined by Mr. BROUGHAM.—He is not one of the family of the Millers, of Huddersfield. He is not an articled clerk to Mr. Nadia, but is bound an apprentice to him. It is Mr. Nadin, jun. the man who was a police officer, that he is with, not old Mr. Nadin, the Gentleman who had retired into the coun try to live upon-his fortune. Mr. Nadin, jun. mar ied the daughter of Mr,Lavender, once al3ew-street officer, but new the Deputy Constable of Manchester, and not yet retired upon his fortune. Mr. Nadir) does not read those books himself. He had some difficulty in getting it; he went four times for it, but he was promised it the first time. It is a small shop, the front room of a small house, with a little flat window. The defendant was generally at his work up stairs when he went. lie saw several pamphlets, and there were shelves around the shop, but not many books. He saw the defendant folding up Newspapers, and he believed be supplied them to those who or dered them. His wife sold, in the same shop, thread, sand, potatoes, tea, and children's books—Mother Shipton and Jack the Giant-killer! I shall be 18 years of age the 20th. of next February. I don't know that Ridgeway was a Volunteer six years, and in the Local Militia four years. Yes, _I made memorandums. It was not for my own reading I bought the pamphlet. I have not been paid for my four little trips yet.— (Mr. BROUGHAM.—Except perhaps the books ?) I came here last Friday. I came with Mr. Murray, the Attorney for the Constitutional Society. I do not know that Nadin, old or young, or Lavender, is a member of that Society. I am not a member. 1 came with Mr. Murray, and I dine with him every day at the King's Arms. I was sent for the purpose of buying this pamphlet at David itidgeway's. Yes, I had some little idea for prosecuting. I was desired to take down little memorandums. Sometimes Mrs. Ridgeway was by. You have been long enough iii an Attorney's office to know that the defendant's wife cannot give evi dence?—l only state a fact, I do not know who else was by. The passages charged in the indictment were here put in, and read by Mr. Statham, Town Clerk of Li verpool, in the absence of Mr. Cross. Re-examined by Mr. Serjeant HULLOCK—I came on Friday last, with Mr. Murray.' I took my place on Thursday. At that time I had not seen Mr. Murray. I first saw him at our office on Thursday evening. Mr. Serjeant HULLOCK.—You then by accident came together by the coach ?—I should have come on the Friday if I had not seen Mr. Murray. I took my place for one o'clock, and after he came I changed' it to six in the morning. Mr. Bitoucuasr.—Mr. Statham, I will trouble you to read one or two more of the passages? A conversation here arose as to reading passages) required by the prosecutor, intermixed with passages required to he read by Mr. BROUGHAM. At last rt was agreed that the whole pamphlet should be read. Mr. Statham read it accordingly. Mr. BROUGHAM said he rose as the professional, advocate of this poor man, to defend him from a new order of political persecution. In most cases where the author could be found, he was the object, of prosecution, and next to him was his avowed and confidential publisher, because he was interested in disseminating his writings, and was a partner with the author in the publication. This was not an or: dinary case : it was his misfortune not to meet an open and avowed prosecutor, •IPPotn . ted by the Go vernment to be the gnardian of the law, who, in 41fircising his discretion on those he would prose liaise* always brought before a Jury those that were really the offenders, where they could be found, and disdained to take those who had acted a mere subor dinate part ; he always struck at the head, and was ever cautious in not selecting improper cases to be the subject of prosecutions ; he maintained a digni fied reserve over the little unhappy tradesman who was ignorant of .what be was dealing in, and would not stoop to such a case be this. This mock Consti tutional Association knew who the author was, and why had they not prosecuted him? No, they knew a Middlesex Jury would not countenance them, and that as soon as they :hewed their heads in Court, the Jury would turn their backs upon them, and so they had sent down their agent, Murray, to see what a Lancashire Jury would do. Mom says, ~ I will go down to Lancashire, and there I know we can 'get a Jury that will give us i verdict; but we have no case ; we cannot take Carlile.there for an offence committed in Middlesex; well, and if we cannot have him, we can hunt out some other trader, who has sold a copy of his Address ; we will employ young Nadin and old Nadin, and Lavender, and they shall engage their ferrets And spies, and we will employ a Lancashire Jury--we shall then make up i a case, and by the services of the wretches, and the Nadins and Lavenders favour, we shall be able to get a verdict;" and they do accordingly get the poor de fendant, after four applications to him, to commit what they call an act of publication, and it was upon a case so got up, that they attempted to obtain a verdict from a Lancashire Jury. lie called upon them not to give credit to this solitary witness, who had been employed for no other purpose than to en trap the defendant into a breach of the law, as they were pleased to term it. The witness had gone at the desire of his master, who had.received his instruc tions from Murray, who acted under the direction lof an unconstitutional assembly, to go to the . de ' fendant's house; he went, and there saw a bill posted up, that an Address might be had within; he went in, but he did not ask for that Address, but for Car. lile's New Year's Address to the Reformers of Great Britain. He was told he had not got it; but this poor miserable man, who could scarcely by any means make out a scanty means of existence, being reduced in his own trade by the pressure of the times, and his wife, lending her aid to obtain an honest living bi selling snuff, potatoes, sand, and children's b00k5,...m this bookseller's shop of spacious dimen sions, being the front room of a little house, pro mised to obtain it ; and we find that he was not suf fered to rest till he had fulfilled his promise ; for the 'witness himself confessed that he had great difficulty in procuring it; and when he had received. it from his hands, this prosectition for a libel on the King and Constitution, which they were then trying, was immediately commenced. At the time that Address was purchased, the witness bought another Address, and for aught they knew; (and in all cases where doubt existed, they were bound to give the benefit of that doubt to the defendant), that was the very Ad dress he had advertised at his parlour window, (for Ihe would not call it a shop), and that he was tempted by their pressing importunities to sell this offensive Address. This, he said, was a rank conspiracy formed against the defendant, and that too at the very time when this Society stood indicted, in the County of Middlesex, for another conspiracy. They had circulated letters defamatory to the defendant, and they had wickedly tempted him to do an act for which they had afterwards prosecuted him, and but for their intreaties to a breach of the law, the Jury would never have heard of this defendant. If his prosecutors had descended from their vantage ground to an ordinary level, and instead of this poor de fendant, brought the writer to his trial, it would have had more the appearance of justice--first, because it was impossible that Ridgeway could know the contents of the book ; and, secondly, because the book might be read through without finding a passage in which the talons of these harpies could be fixed. —His friend had preached up the desire which this Address had manifested to create an insurrection, 'and if particular sentences only were to be considered, and abstracted from the general purport of the book, he hardly knew one to which that, or some other prejudicial remark, would not apply. Read the passages immediately before and after those com plained of, and they could have no doubt of the meaning of the author, and that he was a clear headed, honest-hearted man. Look at the whole book collectively, and he would ask if it "smelt of blood?' The author's attention had been drawn to the Spanish Constitution, because in that a favour able change bad been effected without bloodshed ; and the same meaning would apply to Naples, up to the time of the interference of other Powers; and it was in this light that he held them up to the vie* . of Englishmen. With the exception of these passages, the whole was an exhortation to abstinence and tem perance, ,and a war with the revenue, which he did not know was waging war with the iCing. The au thor had taken himself from the mechanic's bench by his attendance to economy, and the whole aim was to prevail on others to improve their condition by like means. He begged of the Jury not to look at isolated passages ; in one part of his address he called himself a Republican, the general meaning of which is a form of Government opposed to Monarchy : this, if it were read detached, would be prejudicial to him; but, if connected with that which followed, it would be seen that he only wished that the Throne should bend to the interests of the People.— The author's notions of Reform may be a mere chimera; but he had been supported in those opi nions, by some of the greatest and noblest men of the country, from the time of the Duke of Rich mond, in 1782, downwards, and by some of the most strenuous Tories that ever the country gave birth to, . even Dean Swift had only deprecated Annual Par liaments because they were liable to abuse. He begged the Jury not- to place implicit confidence in one witness ; the ground was tender, and they should be cautious how they trod upon it. It was upon this single testimony that the other jackal! of the Asso ciation had been called upon to give a verdict against the defendant. Miller had said that there was a sign over the door, indicating' that the defendant dealt in tea, coffee, and other exciseable - wares ; and could they think that a man mbosold them for gain would call on bis very customers,. and disseminate among them arguments to prevail on them not to use those very things? The evidence was, that he had h eel drawn into the act Uy Miller, and those who set hi nt yneclltivantgnetdo them it becasiguaseinoasttthit:etyl eche:ere:m.4 i on, who only seemed to know one or two def ettc which the most perfect system of Gover nment r 7 liable to, and they were made the vehi c l es of they gain : •they called it precious, because they k nee , i ts only do their duty by defending the math value,ctryii f 0 ns,r from i bloodsuck ers. n a s nd u l ch harpies and leeches. Mr. Justice Hocnova commenced the semmin . up of the evidence; at the time the writer sa id a would not say a word about insurrection, hestrongir recommended them to union, activity, and co.opera; tion. His Lordship l w ib a e s l, r w em hee arking and tendency of th e ... Mr. BROVOIIAhI said he was ready to address his Lordship on that part of the libel, on which he wished to take his Lordilfip's opinion s Mr. Justice HOLROYD.—The whole must go tothe Jury, for them to form their judgment on it. Mr. Baoucum4 objected to this, and beggedtoli allowed to hand in an exception, with a view t o bill of exceptions, and a tuture discussion, it ne ces ; saty, on that part of the libel upon %%filch no n_i ten : ing _was put upon the record. Mr. EVANS (with Mr. llnottortAm)Every (baize in a Court of Justice must be tuily stated on th e record. Mr. Justice Hoinovo.—This is matter for an ar rest of judgment, and not for argument at this period. • Mr. Et Arts thought it was not so. Mr. Bitotniriast handed his exception Mr. Justice lloi.stoyo continued his el :rge to tze publication Was, in his opinion, decidedly a libel. When he sold the - New Veal's Address he also sold another Address, and it did not appear% which of them the posting-bill applied. At the time when the u:t.ness purchased the libel, the detendast asked him if he had the 0 , Right Divine of Kin,-,s to Govern Wrong;' this was not evidence in the caste, but it spewed that he dealt in political tractsor pan. phlets. It had been repeatedly laid down as the he, that if a man sold a book which proved to he libel. loos, he is liable to the consequences, unless he cn shew that he has a lawful excuse for having %Jolley,. This prosecution is not carried on by the Attoioc v . , General, but by an Association of Gentlemen; by& law no combination of persons are allowed to ctriy on prosecutions but by the permission of a Count Justice, or by the sanction of the Attorney-General. —This prosecution was brought before the •Giat through.the medium of a Grand Jury. The Jury were in consultation rather less thantvo minutes, when they returned a verdict of "Guatyd the crime laid to his charge." Mr. Justice HOLNOYD.—Do you find the defend* guilty upon all the counts in the indictment? The Jury.—We find him guilty generally. While the Special Jury were being calied, they appeared great.delay, and some differences bet the Attornies for and against the proiecution. ids BROUGHAM observed this, and asked the Ofticerif,i calling over the names, he was guided by any prim list? He said he had a list of such names as vet not to be called. Mr. BROUGHAM said, a ith great warmth, that the Jury should again he bailotted and that he would not suffer a packed Jury of tha description to try the cause. Mr. Serjeant LLOCK. —The Attornies have each been making objections to Jurors, and if his Fried called the Jury packed, he could not give 4 any oas name than re-packed. ECCLESIASTICAL PROMOTIONS The Earl of Malmesbury has appointed the Rev. T. Cask M.A. of Oriel College, Oxford, to be his Lordship's Dome* Chaplain. The Rev. Mr. Winter, late Curate of Milton, is appoirel Chaplain to ths Kentish County Prisons, in the room of tie Res. G. Hark's', resigned. The King haspresented the Rev. John WKellar to the antra Churches and Parishes of Withrow and Kilchotnan, in the Pre. bytery of Knityre and shire of Argyle and Bute, vacant by th death of the Rev. John MLeisle, late Minister there. The Milt has prbsented the Rev. Robert &pion to tie Church and Parish of Dungeon, in the presbytery and 'county of Dumfries, vacant by the death of the Rev. Cunningham Burs aide; late Milliner there. ' The King has presented the Rev. Alexander 3PLeod to the Church or Chapel at Cromarty, vacant by the death of the Bet. Alexander MiLeod, late Minister there. ' Butrits. —.— Sept. 14, at Dedham Vicarage., the Lady of- the Rev. Jktet M. Darner, of a son. Wednesday, the Lady of Captain C. Ducker, of the WO Dirtwich, Cheshire, of a daughter. Monday, at the Rectory, Newington Butts, the Lady die &T. Arthur Cyril Onslow, of a daughter. Monday, the Lady of D. E. Moroi% Esq. of a son. Sept. 13, Lady Eleanor Balfour, of a daughter. • Tuesday, in Upper Brook-street, Lady Elizabeth Sink a MO. MARRIED. Sept. 11, in Cork, the Rev. Benjamin Willismsoo, of Die more, in that county, to Abby, youngest daughter of Ulm Roberts, Ea+ of Union Island.' Sept. 6, the Rev. Mr. Anderson, Minister of Dunbonmi Miss Thomson, daughter of David Thomson, Esq. New born The Rev. Richard Duch, Vicar of Milverton with Lair Somerset, to Isabella Anne, eldest daughter of the laze Cryto tstone, R.N. of Bellair, near Plymouth. ia iilev. G. R. Downward, of Worthinbury, WO . : 4 1 ° Mary, eldest daughter of Peter Beck, Esq. of liatsgaa , ""` Shrewsbury. Sept. 11, at Bishopton, the Rev. R. Atkinson, of Dur g1 .„.,..., 1 " 4 to Miss Elia. Head, daughter of Head, Be + 01 sear vfin' At= h, the Rev. Hector Allen, Minister of Einar dine, Ross-shire, to Catherine, eldest daughter of the Lite Re& Dr. Stewart, of the Canongate. NottinSurnia Sept. ghliallial 2l l ite 6anB a thd d D4YRectyearo°r;ry'the,Min°l4nevhis°6;n4btelhrTilliyshenargtire,7thille Reck:7oli liam Carter, formerly Student of Christ Church. Sept. 16, Mr. George Schneider, of London, to Silvia,d l l# ter of Thomas Lamb, M.D. F.L.S. of Newbury, Berk'. Sept. 20, James Henry Turing, F.sq. to Antoinette, dati# l : of Alexander Ferrier, Esq. hit Britannic IlajestY'e C°° s°l Rotterdam. DIED. The Rev. S. Pldsley, Rector of UpLowman and Savah reverell, Devon. The Rey. John Conyers Place, eldest and last surviving so of the Rev. Harry Place, Rector cf Marnhull. In his 38th year, the Rev. George I lancox, Rector of Poi* Salop, and Vicar of Wasperton, Warwickshire. Sept. 14, at Downham Hall, in &six, the Rev. Peter Stir vow, in his 86th year.. Sept. 13,, the Rev. Dr. Lee, aged es pears, 31 peenllel of New Sampford, in Ewes, in the gift of New College, 007., Sunday se'nnight, George, eldest PM of Captain Hales, Ns' aged 35. HIG W ATER at bicrtking Afteinoun _ . IN DON IIaIDGE T0.1101120t . - 27 minutes after 1 48 . . L 0 Ni/I,,}N rtinted and t.y IC , rl.4cc,