The National Register. — London, England, 1822-10-27 00:00:00

sr,s FROM TUESDAY NIGHT'S GAZETTE. -......-- FORIAGNWFICV, The King has been pleased to appoint .1. K. Matthews. Esq. to be his Ma 4 jesty's Consul licneral in the European dounniuns or his most t aithful Nlikjesty, to reside ;it Lisbon. UUI'TS. J. Hewlett, Glourest r. cabinet anaker. Solicitor, Mr. King, Sergeant's Inn, Elect Street. J. Fox, Bath, grocer. sups. Messrs. Potts and Co. Sergeant's Inn. L. Evil!, Willem, Somerset, money scrivener. Solo. Messrs. Potts and Co. Sergeant's Inn. W.Gregson, Kingston upon Hull, linen draper. Sol. Mr. Chester, Staple Inn. R. Child, Little Stretton, Shropshire, blacksmith. Sol. Mr. Thomas. Barniatl's Inn. Holborn. E and P. Wilson, Met4l9 , , Yorkshire, malt tors. Sol. Mr. Walker, Exchequel Oliice, Lincoln's Inn. G. Blackbanti,Gnosdll, Stafairdshire, grocer. Sol. Mr. Hicks, Gray's Inn Square. A. (liming, Whitadones, Worcestershire, draper. Sul. Mr. Molt. Threadneedle St►eet. J. Kewer, Little Windmill street, Gulden Square, carpenter. Sol. Mr. 'lowan', Took% Court, Carey Street. IL It i-kett, Liverpool, dealer. Sols. Messrs. Blackstock and Co. Temple. It. Leyland, Liverpool, soap boiler. Sols. Messrs. Illackstock and Co. Temple. DIVIDENDS. Oct. 22. T. Turner, Stock Exchange, broker—Nov. 12. J. F. Royle, Pall Mall, fancy paper menutacturer-25, J. H. Tucker, Jennyn Street, St-Ittints't , , chytnitt-12, N. Vincett, North ampton Place, Old Kent Road, draper-12,J. Bromley. Circus Street, New Road, Marylebone. ironnionger-12, A. G pertz, Great Winchester Street, meichant-12, W. Wood, Wittipole Street, Marylebone, wax chandler. CERTI FICATEs to be granted Nov. 12. J. Emery, Rosamond Street, Clerkenwell, victualler-W. Veined, Bristol, baker-J. Porter, Swinford, Leicestershite. butcher-T. Ellis, Crooked Lane, drysalter - G. Frost, Slmiteld, cheesemongcr-J. G. Hodgson, Covent Garden, wine tnetchant -W. Shannon, Whitt:harem draper-R. Felton, senior, Hit:it Street, Southwark, hop merchant-J. Dent, lligh Street, South. wark, chee.eiuonger-J. Easley, Bristol, master mariner-V. Wortley, Henry street, liampstead Road, grocer-J. G. Young, fsbiplcy, Onfor.i.birc, merchant. LAW U.TELLIGENCE. COURT OF KING'S BENCH, MONDAY, OCT. 21. This day the Court sat is the Sessions House, Westminster, for the trial of Srueisi Jnty Cases. THE KING, ON TIIE PRosLCU fION OF TIIE CONSTITUTIONAL suCIETY, P. DOLBY. This was an intlicitnieut against the defendant, a bookseller, in the Sinned, fur the publication of a seditious libel, contaiued in aeork entitled, Toe Political bier , try. Our reader* will recollect that the prosecution was brought forwnd some time ago, whets Me. Scarlett objected to the Special Jury returned by the Sheriff, on the ground that one of the Sheriffs was a member of the Constatutional Society. In consequence of that objection the trial was postponed, and a rule .1f court was made ithsolute, ctlling on the Coroner of the closely to return a special Jury. The Coroner having compliA with the order, the indictment came on again for trial. The Special Jury were called over, and six appeared in the box. Ms. Sourlett then rose to object to the Jury being sworn.— He said his Lordship would recollect it appeared on record on the pustea, that this indictment came be lure the court on a former day, when three Jurors mieutled. Au objection was then taken to the tat,. men. Three Special Jurists remained unchallenged, and it was the duty of the Col osier to supply only anew list of Special Jurors, in o:der that persoits alight be taken to make the first Jury gout' The ChielJustice over-ruled the objection. on the ground that it did not appear on the posters, that the Special Jury iu the former case remained uncuallenged. A second objection was taken against the taiesmen sent by the Coroner w supply the absence of Special Jurors. Mr. Scarlett conteuded that lie tales ought to be taken from the Jurors returned main the Sheriffs'. patmel. The Chief Justice held that the tales were returned by the Coroner in the best mole, and overruled the objection. The Jurors were theta sworn, inc was excused on the plea of deafness, another in consequence of his having beeu sum moiled its a wrong Cliristiatt name. Mr.Tyadal opened the pleadings. It was an indictment, lie said, against Thomas Dolby, for the publication of libels on the King, Lords, Commons, Judges, and constituted authorities. Mr. Gurney stated the case. Ile soil the indictment had been found by the Grand Jury of charging the de fendant with the publication of seditiouis libels, in a hook which he then held in his hand, and he might sac, if it was not sedi tious he knew nut what sedition was. It was intitled The Po lifieal U 6 trotary. or Pocket Curoreaiun. This work would be found lutist llONclolevoll4 in its e ifect. It wail written to degrade the king, Lords, and eIIIIIIIIOLIS, the Clergy, the Law, stud all the institutiens of the country. It was, in shot I, a libel upon every chits of the eunimunity. except the lowest class of society, who were fl ittered to answer the object 01 suet. writers. For this purpose of supporting this indictment a few passages were selected, and if Isis learned friend :tad all idea that the ingenuity of writers of this description could he defended by going through the whole of the hook, be should have no objection to read every paragraph. Mr. Gurney then turned to one of the alleged libels, under the head of " rhe Common Law:* This the writer described to be any thing the Judges might wish ; for example, the fining Davidson for defending himself, or lining Mr. ('lenient for puhlishing Thisitlewood's trial, was com mon law. Lord Chief Justice Pemberton had suede his boast that he had made more common law than all the Judges in the reign of Charles the Second, and both Houses of Parliament.— Many Jadges of the present day were disposed to follow his example. These persons, said Mr. Gurney, know they are conveying falsehoods to poison the public mind. The wrier knows the common law is not any thing the Judge pleases.—lle is not so ignorant as not to know that when Mr. Davidson wan fined, he was lined by the common law, and if the learned Judge had nut lined him, lie would have neglected his duty to the public, which consisted in part in preserving decency in Courts of justice; and not sutferiug such tribunals to become the theatre of blasphemy. This is the truth--yet the defendant in his publication, wishes it to be assumed, that persons taking that indecent course in a court of justice ought nut to be res trained. Whet' lie says Mr. Clement was fined for the publi cation of Thistlewood's trial, it is false. It was not for pub that trial, but for paidistiing part of the trial whilst it was going on. Some of the with, sties were out of court, whilst (ober. were examined, and the object in prohibiting the publi cation was to prevent one set of IVIIIIeSSeII knowing what others hal sworn. Mr. Gurney then commented MI the words--• couch and clergy without religion—Parlameut an empty _ti • =iiiiimia. TUE NATIONAL REGISTER sound, a hoax, the theatre of venality, &c. Could such passa4es be considered a trnedelini:ion of the blessings of the constitu tion I Would his lea.sied diced contend that the press was ind free unless it W2l at full lifierty to villify every thing ? The liberty of cio pre.% could not exist without law, and the niodieot the press obtained a victory over the law, it would olodin a victory over itself, sod be eitioguisheiL Ifoeatio Orton woe then esairined by Mr. Tindal.—The witness pure used the book of Mr. Dolby, at his shop, 2UiJ, Strand. Cross-examined by Mr. Scarlett.—The defendant sells cari catures and stationery. Did you ask for this work ?—i asked for one. Had you sten it hefoie ?-1 had. Did you read it thrrm,,ti ?-1 dot not read it throt4l. Then you wished to finish your reading, I suppose ?—I iAied from cut iosity to bee it. Who directed you ill pureliase it ?—I was directed by the committee of the association. Who are the coanuittee!--1 don't recollect. I was directed to purchase it by Mr. Ilarr4y. Was M. Mtn ray attorney to the society ?-llc was solicitor, nne of the ell 11111litte, and secretary. Did you ever receive pay from him?—Never. 11 ho paid you!—The society. 'low much a week ?—1 nesee had pay by the week ; by the year. When did you receive it last ?—Al.cout a month no. N 1 hat was your ? [here the witness appealed to Judge whether he was bound to answer the question.] The Lord CliierJust:se said there was no reason why he should not answer it. The witness then stated that be did not wish the public to know what he received. Mr.Se4rlcit.—llow much is it'—Eighty pounds a year. Hate you any other eccopation?—Su. He was introduced to the society by Mr. Shell). lie purchased the book un the 16th of Ma). Mr. Gurney then desired to have the libels read, in which are mentioned, Low—Any thing the Judge pleases. A itais Sp•ech—A few unmeaning sent, nc,s. Me. , ioy of Parliament —A meeting of persons to augment public miseries, and scramble for the spoil. l'at:iement, fee.—A house of in fante. Mr. Scarlett then addressed the Jury for the defendant.— Ile adverted to the objection be had made before the Jury were sworn. Ile took the objection ft ton the best motives.— Ile then expressed a hope that .be Jury cam. to the box with unbiassed minds, Ili, learned friend had selected a w pas sages from t: e book to pro' • the wickedness of the but be had not said one word to explain to them w ho Mr. Doty was. if indeed this book bad deserved the obseria lion his learned friend expressed, it was extraordinary that his Majesty's Attorney•Getieral and the Coust4utional Associ ation had *dream.' it to remain so long dormant. With respect to the hook containing libels, it was well known that scarcely any satirical work would be found that ittiOtt not be made the subject of prosecuion for Mods, if persons were disposed to examine closely. The works of Swift, Lord Chesterfield, Dr. Johnson, and Pope, were written in the general spirit of satire ; lint did any our accuse these authors of an intention to overturn the constitution. Speaking of the juriaprudeuce of the country Pupe bas said— " And Judges hang, That Jurymen may dine." Was Mr. Pope minsid. real a libeller in consequence of these lines, or did any one ever .say his intention ass to thing the Judges into contenqb. Dr. Johnson had said " oats a• ere food for men in Scothand, and horses in England," and did any one eba > e him w itit a on all the people of Scotland ? The Lord Chief Justice., in his address to the Jury, de clared that the work in his opinion was a libel, but be left them to exercise their own judgmeut on the question. The Jury retired from the box, and having been out two hours and a half, retaroed at five minutes after feu o'clock with a verdict of guilty. 1111: I.:0G V. CIARKE. This was an indictment a.,,airist the defendant for the pnbli cation or a blasphemous libel, in a wink called Queen Mah." The blasphemous twitter denied the existence of a God. Mr. Carney stated the case as one of the worst class. It was a proseitution preferred by the Society for the Suppres sion of 1 ice. The teamed counsel detailed the iitiensis e mat ter. and called upon the Jury to vindicate the Christian Reli gion by finding the work a libel. Charles Junco deposed, that he purchased the book at the shop of the defendant, on the 4th of May, 1821. lle paid 12s. fur one copy. The libellous passages were then read. James Ripeld. a person employed by the Society for the Sappression of %ice, also deposed, that he purchased a copy of the defendant on the loth of May. The defendant, who had no counsel, addressed the Jury at considerable length. He stated, that he wrote to the Society, °tiering to give up the cepies or the work in his hands, stop the publication, provided they did not prosecute. tuts object in publis'aing the work was merely to get custom in business. lie waited on Mr. Pritchard, Secretary of the Society, with the aforesaid proposal, but was told they cou:d do nothing in it. The defendant called Mr. Pritchard, who proved his state ment; but on the crass-examination of that gentleman, it ap peared the defendant had published the work after he wade the proposal. The Lord Chief Justice summed up the evidence, and hay ing commented on the libel, left the Jury to decide whether the defendant had published the libel or not. The Jury found the defendant guilty. TUESDAY, OCT. 21. CONSTANT AND CO. V. HAGUE AND TilomrsoN. Mr. Campl)3ll opened the pleadings. Mr. Gurney +tate4l the case kir the plaintiffs. The plaintiffs are sugar-boilers, and proprietors of a su,;ar-house, adjoining the defendants' premises, who are millwrights, carping on bu siness in Well street, %% LitecLapcl. Defendants hail erected 'a siring engine for the plaintilfm, which exploded, and occasioned great damage, fur the recovery of which this action was brought. The lard Chief Justice having summed up at considerable length the Jury found a verdict for the ',Limas. SMI'FII r. STF.WART. This was an inane, directed by his Honour the Vice Chan cellor, in order to try, by the verdict of a Jury, whether 1301. was advanced to the defendant on the 411, of February, flint, by the plaintiff, at a consideration for titling a lease, of which the plaintiff bad the belie Et. The facts were shortly these :—A lady, named Seymour, and and her brother, e. ere the proprietors of certain conch houses and stables in Bruton Mews, Bruton.street. The plaintiff wished to become lessee for a term of twenty-one yearn, but Mr. Seymour did Dot like hits as a tenant.—f he plaintiff, who • appeared to be upon terms of friendship w ith the defendant, a' auctioneer, was supposed to have paid Mr. Steuart 1501. lo procuring a lease trout Mr. Seymour fur his use. It was proved that Mi. Stewart lull obtained a lease for 21 yet.., on payment of 4001. premium, and 3501. per annum. Letters passed be. tw‘ , .VII the parties, and bills of eachano.c, front n filch, coupl e d with tile facts, Cue Jury had to draw t heir conclusion. Alter the eau..e hind occupied several hours, the Jury re. turned a verdict for the plaintiff, by which they decided that 1:i01. was paid as a cousiikration fur the leans obtained by the defendant fur the plaintiff's use. WEDNESDAY, OCT. 23. T.LASPIIEMOUS Tilt. KING, ON THE PROSECUTION OF Tilt ATTORNEY-GENE RAL, V. SAMUEL WADDINGTON, FOR EUBLISHIND " PAL slues PRINCIPLES OF RAMIE." The Jury being impannelled, Mr. Waddinion addressed the Court as Counsel per se. I have an oujeclion ; it is, that the case I ain upon the boaids for, should not be tried by • apeeisl jury. The Lord Chief Justice-1 ant buutid to try you by a special Jury. _ _ iVaddinzton then referred to a book, upon which he contended be 11 , 0111 entitled to be tried by a cosunnn, jury, unless his offence was of a 1101111i.ms charaeter, as against the king's Coverninent. lie submitted that this was not such an offence an could war rant an ex-tblciu infortultion. The !.urd Chief Justice a iid lie should proceed to try—the defendant might, if he chose, more for a new trial. NVadiling - tnn—Your Lordship knows I sin entitled to a new trial ; and I shall have something to nay to you before I Lase dune. The Solicitor General stated, that the defendan ' was accused of a blasphemous libel, %birth, as it must be read by the °Meer of the court, lie should merely state, that no person could doubt as to the sacrilegious character of the libel. It reflected upon the Old and New 'lrestament, and our Saviour, in the coarsest language. The question would merely be, if the defetitlaut aus guilty of publishing that a Itich bail already been pronoutteed a libel in this court. Carlile's effects being taken in execution, it ass thought there would be an end of such prosecntions.— The defendant took a shop in the Strand, and inscribed his name over the door in large characters. Placards were posted in the window —" Paine's Age of Reason and Palmer's Prin ciples of Nature are now selling behind the curtain—no con nection with Waddington the fanatic."—Waddington himself sold beliiiid the curtain. Another—" This is to give notice that Waddington does not sell any thiug seditious or blaeplie 111011S—Litit has a strong suspicion that somebody within does." There was a string like a bell rope mid kind a of trap a judo. ttny person going up to the Omit and ringing the ha, looked at the beard a ith the names of the books sold ; this book was let down to his hand by a rope, vin his paying the price; this per son was known to be the keeper of the shop, aid two or three persons acre employed to get evidence of - this tact ; one placed himself in a situation to see who went up stairs; they saw Waddington anti a boy standing by the aperture through a hich the books were let clown from the hrst floor ; the defendant was found chniking the mine) , in his hmul , Pnlmrr s Principles of Nature being at the same time let 'loan into the hands of one witnesses. John Parton examined by Mr. Gurney.—Witness is a Bo ,y -street ()Ulcer— kilo% a a blow in the Strand, No. YOU;, it was opened for the sale of pamphlet's. In May last the name of S. Waddington was 'mimed over the dour in large letters.- has seen the defendant a that shop frequently. Several written placards were exhibited at the Amp window. Willie*, made copies of two of them. Mr. Litchfield served a notice on defendant to produce those placards. Mr. Waddington-1 never received such notice. Lord Chief Justice-1 don't think such notice was necessary. I reserve that ler 'nether consideration. W *Mess read—" Paine's A,r.e of Reeson, and Palmer's Principles of Nature, are 11011' Selling behind the cuttaiii—no connection with Waddington the Radical." Copied another paper—" To the forces of the Bridge-street anti Essex-street gang. S. Waddington leaving seen them roaming about his shop like lions, seeking whom to devour. This is 10 give notice that S. Waddington sells nothing seditious or blasphe mous. but has a strong suspicion that somebody under his roof does." Observed the shop with these placards exhibited fcr several days—made the copy on the 4th of May, the day of defendant's second apprelieneion. As witness was watching the shop, observed the moaner in which the loudness ass con ducted. There was a spout counected with the floor above— has seen customers put the money into a crimson bag, which was drawn up to the first floor—there were one or two in the shop occasionally seeing. There was a speaking trumpet communicate-el to the first floor—there was a ring with the title to serve each book—a !mots for each book, and but one ring.-- The person indicated what books lie wanted by putting the ring upon that hook. They were Palmer's Principles, and Pain's Age of Reason—these placards attracted a great number of persons about the door. Mr. Poole, a tobacconist, occupied one Maul the slum, there was a partition betas. m them, anti sepa rate entrance!' from the street, on the 4th of May went to Pole's, with Smith and Gook, police officers, and from Poole's premises commanded a view of the first floor, occupied by addington (through the key-hole) opposite to which aas the spout ; Cook was stationed on the stairs : witness had waddled it or several days ; the door on die landing-place was fast. In consequence of information received, Smith and witness went out at the street door of Mr. Poole ; Smith then went into the defendant's shop for a book ; witness looked through the shell window, and saw Smith receive a book, which tumbled down spat ; Waddiugton was not at that time in the shop : Smith remained in six or seven minutes, then Waddington Caine into the shop front within ; there is but one stair-case to the toe shops, both Poole and Waddington have access to it ; wituess then went to Bow•street with Cook, and got a warrant, which they executed by apprehending Wadditigion:l In the shop the witness had previously purchased something of addington. Cross-examined by the defendant—What was it you pur chased !—A Letter to the Editor of the Traveller. Will you swear you purchased it of met lam not sore. purchased that Or Jour servaat, a boy, who appeared to be your servant; Will you swear lie was my servant believe so. What did you purchase of met You are in a Court of Justice; you are to give evidence Dot on belief, hid positive.—! purchased it of you, you desired the boy to give it sue. Waddington—l shall cootriulict you—l was in Clerkenvvell prison at the time. Read the slate of tot) commitment. The Lord Chief Justice—Your time is not come yet fur defence. Waddington—You swear yon bought of me that letter ! Lord Chief Justice... Attend to tor, you bays intelligence. W'addiegtualies, too much for this Court l believe.—• (Laughter.) I•la