Star. — London, England, 1822-10-22 00:00:00

1 ii might le; he had never heard them say They intended to prosecute on this publication. . The publication wai then put in; and the libellous passages set forth in the declarathin were read by Mr. Abbott. This closed the pro•ecutoi's case. Mr. Sea ttLETT then proceeded to address the Jnry on the part of the defendant, and obse, ved, in making the Objections he had dune, previous tb the opening of the cause, he had only done what he considered as his duty, and bowed with submission to the de cision of his Lordship; and would take it for granted that they came to try the question now before them with unbiassed minds. As to the address of his Learned Friend, it was made up of common-place observations, suited to all such cases as this ; but if the publication now before them deserved the cha racter given to it by his Learned Friend, he (Mr. &aim) could not believe his Hon. Friend, the King's Attorney-General, would have suffered it to remain so long unnoticed, or have left the prosecu tion of it to this Societ , -, or to Mr. Sharpe, their Ho norary Sec , wary, or Mr. Murray, their Solicitor, or Mr. flora • Orton, their witness. With respect to the book it•klf, and the intention of the publisher : The book contained observations on public institu tions, but were we, therefore, to suppose that Mr. Dolby's intention was to overturn the Monarchy ? Would any man contend that Dr. Swift, when he wrote and published Gulliver's Travels, had any such intention ? Yet that work, especially the Vqyage to Brobdignag, contained satire more strong than any contained in this work. Did any one suppose the late Lord Chesterfield had any. intention of overturn ing the Monarchy when he wrote the following severe sente n ces Monarchies differ, but all Monarchs are the same. He who is absolute wishes to continue ab solute. He who is restricted in his power wishes to become absolute." He would ask if we were to pro hibit all works of satire ? If this work was to be cnademned as libellous, we must do so. The Satires of Horace—those of Juvenal—would all be con demned ; for if Mr. Murray ever read any of these, he would find them abounding in severe satire on Roman Senators ; and, it might be said, that in pub lishing these, libellous reflections were cast on modern Senators, under ancient names? He would shew that our modern authors had been in the habit of publishing such satires on the highest Authorities of the laud, without being prosecuted f 4 libels. He' would particularly notice Dean Swift's Poem of the Legion Club. It begins— " As I stroll the city, oft " See a building large and lofty, ' Not a bow-shot from the College, " Half the globe from sense and knowledge. By tiw prudent architect " Placed against the Church direct, " Making good my grand-dame's jest— , " Nearest the Church—you know the rest. 81 Tell us what this pile contains— • " Many a head that holds no brains!" Everybody knew that this was a most severe satire on the Isis)) House of Parliament. The Learned Coun• sel Allen proceeded to comment on the passages se lected from the alleged libel, that under the head of Common Law, and to the passage relating to Mr. Justice Pemberton, and contended that there was no libel, either implied or otherwise, on Judge Pember. ton. It alluded to common law, and Mr. Justice Pemberton, on the occasion on which he made use of this expression—that he had in his time made more law than both Houses of Parliament—only alluded M the decisions which, after argument, he had been obliged to come to. So as to the fining of Mr. Davi son and Mr. Clement, he did not intend now either to justify or blame those measures, but they were both adopted by the Judges on common law, and not on statute law. One thing he would venture to affirm, namely, that there was not a single Judge on the Bench who would feel any gratitude towards Mr. Murray for coming forward and assuming that their conduct stood in need of defence. The Learned Counsel then proceeded to comment on the other pas sages which had been quoted, respecting Church and State, Parliament, &c. and contended that the pas• sages were only applicable as a satire on those who abused the terms to which he had adverted. The writer, in his explanation of the words" meetings of Parliament," did not allude to the present Parliament, but to past Parliaments; and if the defendant did say that part was absurd, surely he might be justified.— Was it not an absurdity, when a Member of a former Parliament submitted a proposition, that a pound note and a shilling *ere equal in value to a guinea? Ile could also cite decisions of Parliament making taxes necessary and indispensable, one week, and on o the following week coming to a resolution that such taxes were Wholly unnecessary. But, though he said these were absurdities, and pointed them ous as such; did he by that express any wish •or design to over turn the Constitution? Neither by pointing out the errors of particular Clergymen, Statesmen, or Judges, did he desire to overturn the Church, the State, or the Law ; as he was convinced our Establishments were, all in principle so good, and so strong, that they did' not stand, in need of any defence from Mr. Murray, Is Sharpe,. or. the Constitutional As'ociation. He admittill that Usk parlieatioNwas a severe satire, bet. he.deniect that these was anything libelous in it. Be-•J xides; he would deny that though a work should wig flaps contain some detached passages of a libellant tendency, that stiCh passages should render the book seller liable to be prosecuted for a libel. The present was a satire, intended to lash the vices of the age, and inch publications had been tolerated in all agei.— Itas there anything in this work more severe than the lines of Pope— . . " The hungry Judges soon the lenience silk And wretches had* that Jarymen nay diner The author had never been considered-as an ,objet of prosecution,••much fess had. the bookseller been held liable to punishment. A fter some ftether observations, the Learned Counsel concluded by expressing his ton tietion. that. the Jury would not find the defendant !tray, noon the prosecution of' vs set of individuals. for a- publication which the Law Officersof the Crowe had not tosvirilered themselves called on to-notice: • The Cnratr•Jurrrce senimed up, and commented is he proceeded, on the several passages set out is the retitled. Of the tendency of those passages, toe& he thought could doubt. Their tendency *tart° bringtheDovernrnem irt'Church and• State, the King, the Crosiiisetion, and the' Lea; into. contempt. As tts the intention- of the party publishing, humus tri• Islistalittoeld only judge &lite - intention -of a. searalsy eleareffirtrw)iials.hrs acts produced ; and en that prin. Jury must act on the present oc- elk tike Court and • . casion., l‘r.itaw, he could-now t °polo ; hi s opinion was, that this ituerteation was a mis• chievous libel. The Jury %mild have to say, whether they so considered it. If they considereditdeserving of that title, then they would find the defendant -guilty ; if they should come to a different Opinion, they would find a verdict in his favour. The Jury retired, arid after being ab4nt two hours and a half, returned with a verdict of Guilty against l'the defendant. THE KING-0. CLART. • Mr. MARRYATT stated, that the defendant in this ease was indicted for publishing a profane' libel. • Mr. GURNEY stated the case.—The defendant was indicted for the publication of a book under the title of Queen Ma. When he should have proved this publication, and the Jury should have heard it read, he was convinced they would have no doubt either as to the character of the work or the intention of the author. It was a work of the most irreligious and blasphemous description, and was written some years ago by a very young man; and a few, but very few, copies were then privately circulated: but it had since fallen into oblivion, and would so have continued, had it not been for the defendant, who having by some means obtained a copy, and knowing that in such a work the author could maintain no property, he had claimed it as his own, published it, and ap propriated the profits to his own use. Tile defendant set forth this fact in a preface.' The Jury would find the book consistentin witkedness•from beginning to end. He world not further cite the blasphemous passages, as they would be under the painful neces sity of hearing them read by the officer. John Jones was then called, and proved that, on the 4th May, 1821, he purchased the book now produced, of the defendant himself, at his own shop. Mr. Abbott then read the libellous passages,whieh were of the most profane and irreligious description, and which we cannot suffer ourselves to become the vehicle to circulate. A witness, named Rignall, was put into the box, and proved a second publication on the 10th May. . The defendant then proceeded to address the Jury,' and urged the severity of the present prosecution, The book itself was a mere pamphlet; but he had 4 put a price upon it which would of itself be proof positive that he had no intention it should circulate Amongst the lower orders of the people or the igno. r rant; the price at which it sold was 12s. Gd. an enormous price for such a publication, and as soon as he was informed of the prosecution, the subject of the peseta indictment, being preferred against him by the Society for the Suppression of Vice, he wrote to Mr. Pritchard, the Solicitor to the Society, stating. that he was ready to give up all the copies of the work in question, and to refrain from continuing the publication, but his offer had been rejected, and the prosecution persevered in. The Ci n u Josuoz asked if he was prepared to prove that fact? The defendant said, he'hoped Mr. Pritchard and Mr. Jones would bear testimony to it. He was then proceeding to read a letter written by himself to Mr. Wilberforce ; but The CHIEF JUSTICE informed him such letter was not evidence. The defendant next proposed to read extracts from certain Newspapers, which, he contended, pressed hardly and injuriously upon his character. The CHIEF JUSTICE told him, he could not read these Newspapers ; they had nothing to do with the present case ; if he had a right to read these News papers, he might lead all the Newspapers published in the kingdom. The defendant then offered to read :,is Petition to the House of Commons : this was objected to by Mr. GURNEY as not being evidence, and rejected. The defendant observed, he having been put out of that course which he had marked out for his de fence, he must now proceed to read the alleged libel; he did so, commenting on and justifying the several passages as he proceeded. He adverted to various works, which, he contended, had a more mischievous tendency than Queen Mab; yet they had never been prosecuted. He denied that lie had any intention of offending against the laws, or injuring the cause of religion. He then held in his band a work of the late Thomas Paine, unpublished in this country, and, lie believed, the only copy extant ; for this he had been offered 25 guineas a sheet, but he would not publish nor sell it ; he had a wife and two small children, and had no wish to bring himself to a priion,' and those dear connections to a workhouse. Another I proof that his object was not to disseminate irreligious r books was, that he had been in treaty with Carlile for his shop in Fleet -street, but could not obtain it because he would not undertake to sell none but Car -lile's publications there. He called witnesses to prove, that when the prosecution was commenced, he offered to give up the work. The CHIEF JUSTIUE summed up, and declared his opinion that the publication was libellous. The Jury found the defendant—Guilty; but re commended him to mercy on account of his poveity. The trial was not over till six o'clock. MIDDLESEX SESSIONS. • Yester4ay these Sessions were opened at Hicks 's Hall. On the sitting of the Court the CHAIRMAN k observed that, as the Tate Recognizance Act was about to be put into operation for the first time at this S/%- sioni, it became necessary to state, for the informa tion of those concerned, that all who had entered into recognizances must appear at least to plead on the adjourned day ; and if they neglected, or declined to appear, their recognizances would be returned to the Exchequer. ' • Edward Kelly was indicted for an assault on Ed ward Hurcomb, a parish constable, on the 11th May last.' It appeared from the evidence of the prose cutor,.that as he and his brother constables, G. Brown and J.' Moore, were on duty on the night of the Jlth May; they heard a cry of murder from some person in the house of the.prisoner, at Paddington ; they, in the execution of their duty, knocked at the door, traon which 'the prisoner appeared at a window with a gun; instead of giving any explanation to the officers, he threatened to shoot them if they did• not instanily retire. A woman who lived with the prisoner took the gun from him, upon which he seized a quart bottle,' threw it at Hurcomb, and severely wounded him in the breast. The evidence of Hurcomb was sUpPortel by the testimony of Browa and Moore. Oti the patio( do prisoner, Lydia Webb, a woman who lives with him, stated that there was no cry of r . ~~' s '~:r ~ . 'R ^~ ,„ . „ • . *Cates ' r Murder, er 'any Ottarbance svnitever in ... se; I t/0m she and the prisoner were awakened out of their • sleep by. Violent knocking at the dour; thtu .the pri toner got up and assured the olicers diet they were mistaken ;he desiied them to retire, but they refused to do so; and it was not until they broke the pannel of the prisoner's door that the bottle was thrown. The-Jury retired for a considerable time, and the 'Court having sent to ascertain whether they were ' likely to agree in their verdict, an answer Was re turned, that eleven-af them were for convicting the prisoner, on what they looked on to be clear and con clusive evidence; one only entertained a contrary opi nion, and returned an answer, that he would sooner starve than convict the prisoner. The CHAIRMAN expressed his surprise at this an sweat there could be no doubt, in his opinion, of the evidence on the part of the prosecution. He was sur- Iprised that any man wishing to do justice could he.: skate as to the verdict:; therecould not be a clearer case. After some conversation between the Gentlemen of the Bar and the Agent. for the prosecution, it was agreed that. the prisoner :-could have liberty to with-, draw his plea of Not Guilty, and plead Guilty. 'Mr. ANDREWS , on the part of the prisoner, ex - 1 pressed the regret he felt at having committed the' asault, and said that he was ready to pay a sum of 51. in aid of the funds of a charitable institution. The CITATRMAN said he was well advised in the course he had taken. The Jury returned, and the case was discharged. .Mr. W. Mlles, a Gentleman of most respectable ap pearance and connections, was indicted for au assault on Isaac Hawkins, a constable, whilst in the execu tion of his duty au Walliam-green, on the 21st of July. The prosecutor stated, that on the night in question he found the prisoner engaged in a fight on the green, with a Mr. Keelin, who lived in the neighbourhood; they had their coats off, and were fighting. Witness interfered, as was his duty (here he entered into a tedious detail of particulars ; and swore positively to the fact of having, without any one provocation, re ceived a blow from the travel set). Witness, assisted by Smithers, the officer, succeeded in petting the tra verser into the cage, where he remained all night. On his cross-examination he denied that he had ill used the travetser; Mr. Keelin never came forward to make any charge. He did net hear Smithers say, " D—n hint if he should not have blood for supper.' Smithers was next examined, in support of the evi dence of the last witness. On his cross-examination, he admitted that he said He would have blood for supper ;" but he did not say so until the prisoner and his friends threatened to shoot him. He said he would have blood for supper after his brains were blown out—(A laugh). Two females were then examined by Mr. Cut IMES rutt.ttes, but they did not state any material fact. Mr. ADOLPHUS addressed the Jury on behalf of, the prisoner. Ile said, that the case was one of a most shameful description, but it was not without -example. It was but too much the custom of tho s e whose duty it was to preserve the peace, (to exert themselves to the utmost in order to effect its viola tion. Constables and watchmen were notoriously in the habit of advancing the most scandalous charges' . —of supporting those charges by the most scandal:. ous perversion of facts, in the hope of extorting Money from those, who, though conscious of innocence, were yet unwilling to face a Court of Justice. Such pre cisely was the character of the present case. He had no hesitation in saying that the witnesses were un worthy of -credit—that Smithers, in particular, was guilty of rank perjury. That individual was a con stable belonging to Bow-street Office, but he (Mr. Adolphus) hoped he would be no longer permitted to hold that situation. It was a truly frightful exhi bition to see such a person as Smithers swearing in a Court of Justice. It was alarming to think that in a very few days that very Smithers might place himself on the table at the Old Bailey, and give evidence, that might consign unhappy individuals to transportation, nay even to death 1 He trusted that, for the sake of public justice, and in mercy to his Majesty; subjects, suth persons would not be per mitted to fill situations to which they were a disgrace. The Learned Gentleman next proceeded to state the prisoner's case at considerable length. On the night in question he dined at Walham-green, at the house of Mr. Stocking. On his way home he knocked at the door of Keelin; he made a mistake; but Keelin, vexed at being disturbed, issued out of the house, and some blows passed. The matter was adjusted, o r nearly so, when the piosecutor and Smithers came up. They used the /risotter in the most abusive manner; they dragged him to what they called the cage—a wretched small room, where he was obliged to remain all night. Such was the violence done to his person, that he found it necessary to call in a sur geon. Soling Mr. Stocking and other respectable Gentlemen uho were present, offered to be answer able for his appearance, but they refused to let him go at large for the night. In the Meantime - the pro secutor arranged his plan, knowing that his evidence and that of Smithers would be contradicted by the Gentlemen who were present, and who had witnessed and reprobated their conduct. They had the auda city to prefer an indictment against the whole party for no other purpose than to disqualify them from .giving evidence. The Learned Counsel called Mr. Stocking, jun. he was examined at very considerable length, when The Foreman of the Jury intimated to the Coort that the minds of the Jury were satisfied—and they iastanily returned a verdict of—Not Guilty. LONDON SESSIONS. Yesterday these Sessions were held before the LORD AIAYOR, kc. A hale and respectable looking man, named John Clarke, was tried upon an indictment for having 2s. • saulted Martin Smith, an infirm old man. Mr. ARABIN stated the case for the prosecution as one of peculiar aggravation. The parties were both tradesmen.- Either for their convenience or amuse ment, both parties kept fowls, and each set of hens was of conase protected by a cock. These cocks often fought desperately, in defence of the females under their cat e ; but the defendant, who was willing to sec his own cock fight when it was likely to beat, could not bear to see it vanquished, and as the prosecutor's bird was the best of the two, the defendant entertained great animosity towards him on that account. The prosecutor deposed, that on the 26th of June last his cock had a set-to" with the defendant's..-, The defendant's son, setting that his father's cock was not likely to have occasion to Glow after the battle, Wok' * aid& to beat of die :IMAM cock. Tire wit , capon interfered to prevent the bOy 41111 t1S;1:g . suds a s ; and, 'for the sprestrvaieh et die pekii in future, he advised that the cocks should be *flowed to " fight kola," The defendant himself the. ran out, and began to abuse the witness and his family, Witness retorted with gteat Coolness t. and the de.. fendant fell upon him, and knocked Mar dost wi 'a violent Wow. The 'Witness was cOnftned for nearly eight reeks, and he should feel the injury 'as long.' he lived. He had a slight whip in his hand at &a time, for the purpose of driving 'away the foWiS, and when he rose he did, by an effort, give thedefeadsns a cat with it;. but_ witness declared that he bad not given him the slightest provocation before the asset*. A little girl who had seen the whole affair, corm: 'borated the prosecutor's statement, rend represented the conduct of the defendant highly brutal. Mr. Noutox, for the defendant, said, that the met secutor was in the habit of keeping a regularly bred • game cock, for the purpose of beatiug the defendant's, which was dunghill." Some altercation cer tainly arisen respecting the birds, but the prosecutor had commenced the assault by striking the defendant with the whip. To prove this statement several witnesses we're called, but they prevaricated so much that the Julir immediately found the defendant Guik,. The RECORDER said, he had never met with a case of more cowardly assault, and to teach him to guard . his passion, and to have more respect for age in fu ture, the sentence of the Court was, that he should be imprisoned six weeks in the Cornpter, a.nd pay • fine of five pounds to the King. At the Reading Quarter Sessions, which elo,ed ou Wednesday, the Magistrates having taken into con sideration the depressed state of the Agricultural lu terest, came to a resolution to lessen the county rate, by reducing as much as possible the amo*nt of ek. penses usually allowed to prosecutors. At Hatton-Garden Office, several persons wave been convicted in the penalty of forty c hitlings each, for placing furniture and other articles of mci (Arran for sale on the footway pavement, befma their hou-es, so as to ( , baruct" the passage, contrary to the New Street Act. Beer-STREET.—A young man, named Campbell, about P.! years of age, and meanly dressed, was yesterday (nought Oefore Sir IbexAma chargei with committing rather extrusive. depredations upon the property of Mr. Walker, d !WV-I - SA:llth, i 2 Lleaufort-buildings, Strand. Ile was fully committed f.r trial. MARL3OIIOI;GII•STRICET.--Yesterday the final ex . ..ululation or (eorge 'lodate, charged with having stolen .. 1 .%:d0 from the Emu of Ltightou, Parry, and Co. cotton manufacturers of M. chester, took place ()dote J. E. CONANT, EN. the Sitting Ma gistrate, when the necessary evidence was adduced from Mae. chester. Ile was fully committed for trial. CORN EXCHANGE, I ENGLIN.H '%Vheat, Kent and Essex, New 20s 40501d26s 58s Suffolk Ntws6 42601 d 24s 44s Norfolk Old 206 38s R ye 20s 22s BarleyNew3Os 34. 01d16s 205 Malt 46s 545 White Peas . ........ 245 :As , 13ei 1er5...394 34s Grey Peas ......... ... ..26s 29s !ARK-LANE, OCT. 21. Small I:eans 143 ^Ts Tick ditto .......... —.204 gas (hts, Potstoe 23; 2CI Poland ¶2ls 14s ..... iss 11s Flour, per Sack 'sss tOs Baltic Red, Ilanthro' at Bcaballt red Rapeseed, per Last 4::03 Azie WWI LIG S. Wbeat, Daatzic NEWGATEAxoLRADENII tLLAIARKBTS,, 0c5.2;.. (By the Carcale.) Beef os 01 to 21 831 Veal ...... 4J to 34 31 Mutton.. ..... .14 4J to 2s 8d NA ..... 24 Od to 316 Ci Lamb Ste Od to Ifs Od. PRICKS or HAY A WD ST. J A WES ' S. Hay 31 5s Od to 41 8s Od Straw 11 7s Od to 11 ISs 6d Clover 6112 s Od to 41 tie Od II:um YESTERDAY. 1 w USTIIICITA vat. hay... 31 es to 41 6. 0.1 Straw 11 10. to 11 16* Od Clovep 31 104 to 41 Sb ad PRICE or TALLOW, Town Tallow 46s sa Yellow Russia 47s Od White ditto Soap ditto Melting Stuff 34s Od. SOAP, &e. per OW*. Ditto rough ..... ?Si Yellow Soup - Mottled ..«......»..» efts Curd Paha ....... ....... PRICE OF CANDLES—From Tallow Chandlers' IlalL Candles, per doz. 0s 01—Moulds, Ms 61; tid. per dozen allowed for ready money. COAL-MARKET, OCTOBER 2.1. Burdon 41$ 9d—Wallsend Bch and Co. 44s ud—Wansesid Brown's 43*—Wallsend Green 411 3d—Wallsend 43a . —Wallsend Russell 46. 6d—Eden Main 43s—Neshain Main 43s liedworth Alain 38$— Wallsend Laitubton 46s 3d Wal:send SpringweU 42s 6d—Wallsend Stewart 46s 9d—Tanfirti Trader 445.--46} Ships at market ; 39} Ships sold ; 7 unsold. MINING INTELLIGENCE.—The . Copper o.cs sold. at ltedruth on Thursday were 2402 tons—standard £108.25. Copper Ores tik sale this weck at Truro 2383 tone. Bk Ttl. Oct. 7, at Stanhope, the Lady of the Rev. Luke Yarker, of a daughter. DYED. On the 111th instant, at Shipley Hall, Derbyshire, Edward Miller Mundy, Esq. M. P: for Derbyshire. Ile breathed his last on the evening of the day of his nativity, 'lrving accons. plished the age of 72. On the Land Arctic Expedition, In North America, most deeply regretted, on the 20th of October, Int, just 24 years *f age, Lieut. Robert Hood, R.N. eldest son of the Rev. Dr. Hood, of Bury, Lancashire. The Expedition to which he wax attached, had fully accomplished its object, and after dreadful sufferings, front distress of every description, had, on its return. nearly reached a place of safety, when, most lanyentahle to' re late, Lieut. Hood was assassinated by a Canadian. lie was a young man of the greatest promise. lie had entered . the Navy at the early age of eleven; and had served as Alidsitiptnau under some of the most distinguished (hikers, the late Sir Peter Par ker; Admiral Sir C. Rowley, the Ilsmuurahle Captain Duncan, Admiral Sir Pohenry Malcolm, &c. with whose most nsarkot approbation, and, indeed, particular flieudship, he bad been. hoitouryll. In him glowed, in an eminent degree, the ardotis of distMtion, and the noble ambition of raising himself, by hit' own exertions, to the highest station ; which, when ueiied with his distinguished t Whirs and acquirements, gave his friends a fair prospect of his attaining to the lust posts in biz profession. Unfortunately, he has fallen at the very time wh:n he flaislit hate expected to reap the fruits of his long and ntost arduous ewe tions. Alas! he whose ardenr spirit could not be subdued, iso his glowing enthnsiasm quenched. by the rigours of the Pul4S cold, or the hazards of the enterprise, fell by the band of at* assassin. " ~ l..rgnis fainen arcs: fur ;he object of the expedition was attained. Ile will long live in the uuntury his friends, who were nearly as numerous as his :tcquaintances e and who leek " That to England he has dune his duty." • MA 1 1./i. Aix. nu a. Dublin 1 0 %%arrived • 1 • 0 Guetnsvy and Jersey 0 1 I 4obon 0 0 tiullisd. . .1 0 Leeward Mande 0 0 Frinee Haut:ourslt kLuteirrs 11014 •tR. 1 0 0 O 1 O '4l iinitinburgb 0 1 Blitsa • 0 0 NbeN siltlDriti 4%M Itu • - 'nowt« efts: 7 - St ationis liter 7 — Tr I.( LneN ;* rautril and uhli+hetl by I.rvat. L'ichatt• pine; Tt.mplr-Bu. • ;•11(i WATUIt ACC. • 3ti t.rrimg - Ancnp,nri I' , I •