The National Register. — London, England, 1821-11-19 00:00:00

• r • i I t • A. . ' 7 • 7 LAW INTELLIGEACE. COVRT OF CHANCERY. MONDAY, NOV. 12. SCALES V. LI AIELOWE. The Lord Chancellor —" I have read the affidavits in this case, Mr. Ching, and as it respects Joseph Rai kiwi., the person 1101 committed, I do not see that you. have given me jurisdiction ; as you have not named hint in the petition, he wearer* enjoin d by the order of the Master of the Rolls from eonersing with the infant, and Ids having done so cannot be considered a contempt of Court. Yon must present another pelitimi,nantini the actetal contempt committed hr hint. When IBM asked to send a man to gaol, the actual offence must he expressly stated on the farce of the petition, to give the pary accused an oppor t ity of answering it." Mr. Ching said, he would follow toe course pointed out by the Court. Ibe Lord Chancellor rove at one o'clock. COURT OF XING'S BENCH. :JONn Y, NOV. Tlir: LINO V. RInGLIPIAV. This was au indictment prefci red by the Constitutional Snide ty against the defesuluitit, a shopkeeper at I..aureatiler, for the publication of a libelonamely, Cashiers New e l - ear's Address to the Reformers. The Counsel fur the prosecution called several wit nesses, but the priecipal person examined was a y °mug nom, of the mutate of M iller, who stated, that seeing a bill ill the defendant's window, with the words, "The Address ht the Reformers sold here," lie v cot its, and asked if he conk' have the New A'ral 're A ddr l'ks to the Reformers?— 'rhe defemlustit said lie had not got the work, but would send to London fur it. The defendant was accordingly iequeseed to get it, and bdving procured it from Loudon, lie arterwald4 *Old it to the witness. This application was said to be made in Match last, and Miller deposed Ilia the saw a board over the ilek.idatit's silk), with the following s4ii—".l)rvid Ridgeway, dealer ha 'rya, Coffee. Tobacco, Suirti. die." The indictment was tried at the its: Lancaster assizes, and the Jur., found the defendant Mr BuougUatu miw moved for a new trial, chiefly on the ground that there was no evidence to pious the defen dant %vas Ilse publisher of the libel in question. It only appeared that the person w lio kept the shop in Lancaster sold the Address to the Reformers, which was nut a libel. The wink which was the subject of prosecution, namely, the kew Year's Address to the Reformers, had been sent to identify the defendant at the publisher. The witness who had sworn that he saw the sign board over the shop, with David Ridgeway painted on it, could not have Bourn the truth. lie had au affidavit that the board was taken down a: Christmas preceding. Independent of that cir comstanee, the leatneil Counsel coon tided that there was no proof ut identity, and submitted that theme was ground for a New trial. TIP* Court granted a rule to chew cause. Aomit two o'clock the Judges roar to attend the Privy Council. SWANTON V FILM Thin WAS an action !nought by Susan Swanton. a ser vant, against the defendant, to recover damages for a libel. The cause was tried before Baron Garrow, at Ox ford, and a vet diet found for the plaintiff, with .101. da mages. The plaintiff had lived nursery-maid in the service of the defendant, who is a magistrate and clergyman. On quilting his service she applied for a character, and the defendant wrote a letter, stating that her demeanour wits modesty itself, but in tact she was vicious anti I 11111 l oilest : that she had stolen several things in the fismily, anti had been tit the habit of admitting a 110411 servant to her bed room night after night. The jury were left to consider whether the defendant, writing the letter, had been in finenced by a malicious and vindictive feeling. Mr. Ctoss now moved for a new trial en two grounds. First, that at the time the defendant wrote this letter, hr had not recovered train the I tfect proditeed out his mind by the gross misconduct of the plaintiff; and secondly, that it was a verdict against evidence. The Learned Counsel adverted to the evidence, and contended that there was proof of the mammal conduct of the sufficient to justify the defendant in the observations lie had matte. His character, as a clergyman, made it most essential, that lie should express the greatest censure on the improper conduct of the plaintiff in his tXmily.— There was no proof of malice, and under all the eirettm stances, the question ought to be admitted again to a jury. The Lord Chief Justice was of opinion there ought not to he a new trial. It was most obvious, that letters writ ten by a former master upon the character of a servant ought to be a privileged communication ; and unless it be sheen) that the writer of such a letter proceeded upon a vindictive motive, be.was clearly privileged in what he wrote; but he considered this letter to be written under a vindictive feeling. The jury, upon the whole of the evidence, had found a verdict fur the plaintiff, and the court could not say they had come to a wrong conclusion. Mr. Justice Bayley, • Mr. Justice Holroyd, and Mr. Justice Best concurred, and the court refused a new trial. THE RING V. ANNE / ARLIL L. Mr. Cooper moved for a rule to skew why the verdict should not be set aside, and a new trial had. The Learned Counsel said he moved this on an affidavit, in which the defendant stated, that en the 24111 of July last, blue was tried in this court, upon the prosecution of ail weinlation, calling themselves a Society for the Suppres. SIMI of Vice, for the publication of the Theological Works of 'Ebonies Paine. Her defence consisted of printed and written matter, and she was proceeding with the same, when site was stopped by the lodge, saying it could not proceed. The deponent was stopped at the following passage :—" The defendant ought to have been tried under the Statute Law, making it penal to revile and scoff at the Holy Scriptures ; but her prosecutors were tun vindictive to take that course. They knew the object of the statute was only to disqualify the party convicted from holding civil or military offices. They therefore indicted this di ti•nd.mt on what .111131 be called the Com ihoa, Law, which is nothing but common abuse. The Learned Judge, however, said, let it be read, I will not stop it ; hitt, after gis log that permission, lie again in. sisted that the deponent should relate to strike out die ohjeciionable matter. The deponent refused to alter it, and gave in the 'kittes Mg decimation This is my de- Wore, and it the Count decide 411 Ell gli• 111'1.11111111 1414 $ll/ right to di elate that which she considers es-ential tir Let • • es defence, I must abide by; the conseriebee.'—Tfret de fondant was Not allowed to proceed, and thereforeliad not the right of making her defence: Mr. Justice Laylry.—lf mischief is insinuated young 11l i l punishment will not remedy the evil. not better to stop the reading of improper matter ? Mr. throuer.—l contend, my Lord, all a judge cat's is to say, retention von against repealing offensive state* ;hems, and if he persi els, the judge limy inflict punish. went. Here the defence is slopped altogether, and contend the defendant is entitled to a new trial. The Cord Chief Justice.—The struggle in the present case is, whether a person charged with the publication of a blasphemous libel, shall be allowed to state openly in the heating of the jury, as much matter of the same kind as any friend to the accused may think proper to prepare, and a Court of Justice be made a theatre fur blasphemy. —" It appears that a passage of this kind having been found ice the written paper, w Lich the defendant', trout her sex, should have abstained II um.reading. It was dia. graceful to a Con rt Jiimairie to hear it. Mr. Justice Bayley and Mr. Justice Hulroyd were of the same opinion. •rl Mr. Juslice Best said, after stating the facts of thit case, he should take no further pail in the question.— Rule re fused. WEnNrsnAY, NOY. 11. The Grand July 1111 S ilrq came into Court, an I Mr. Jul lice Bayley charged them in the usual trims; they then retired to con'•td}r the Itiedoes beh,re [hem. TUC II 11%(:. v. bOSAN wtvIGIPT. On the motion of Mr. Adolphus the defendant was brimeglit np to plead to an indictment 'Preferred by the Stich ty for the soppy( sl•ion of vice, elitirgiog her with publishing a Masplie 1110th and seditious libel. The defelid.mi pleaded not guilty. JANEU, WILD ANSI 1116 was an action tried before Mr. J tuu ice Park, at Lan. cust?r. The senight to recover damages. for false imprisonment. The ilefen, ants Were hat It appeared the) committed the plaintiff fur me examina tion, on the 12th or Sept on a charge of cutting don mi trees standing ou the road side. l'hey continued to re-co emit him Amu time to time, until the end of December, !closing to cominit him full.), and lie was prevented from apply ing to I.e admitted to bail. The plaintill at hest made appliea. lion to the Lord Cinet Justice, fur 11.1 order to be fully com mitted, that lie uniJit be bailed. Il e was consequeutly brought ill. before Mt. Justice Bayley, and admitted to bail. At the assizes, the hill of indictment was thrown out by the Grand Jury, and the &alma brought his action. Both magistrates were included iu the defence, but at the trial the evidence applied only to one. It only affected Mr. %dd. anti Mr. Judge Palk held that the plaintiff must be nousuited.—Both &feud:this beim. blood ou the record, it was necessary the evidence should nlf•ct both. Mr. Denman moved this day fora new trial Ile contended that the evidence %say sufficient to coots ict Mr. Wild, and therebtre he ought to have been found guilty. Toe di icetion of the learned Jii4e to tionsoit the plaintiff was w Immg and cm- sequen ity t on„ ht to be a new trial. The COW t plaited a rule to skew cause. Cot lIIINAL INFORVATION.—TILE *LNG V. WILLIAMS) Mr. Scarlett moved to lite a rruuiml information against Mr. Ambrose Williams, primer mid proprietor of a news paper, published in the City of 1/..rliman, for a cress- libel on the e.tablivlted cicry.—The teal 'Ted counsel bald read lime libel, ;Intl time COW t no doulit would feel disposed tip grant the mnti•m. It was dated 8 aura:my, Ameg. the bill, 15.21, and the subj. ct was the death of the Qtweii.-1 he a thole 5i411.1.1 bout genera: Irseect had he. n paid throughout the kiii.mdion on the death of her late Nl.jesty, with the ex ception of the Efesciipal City of Durham, a hieli, &iota ith standinA it hail six chuiclies, did not sound one hell to an imation the itepartnre of the spirit of nu injured Queen. — Dail the gelitlemeu stopped theie, lin a pill irtll illll perhaps would have been mad.• 1.1 time court, but he weal un to libel the clergy. The n liter knew not where the order fat keeping the bell. silitit came from, hut it airs a demonstra , tion of the undo istiati spirit pervading the clergy. which made the establi.lwd !torch au object of derision, mid the public consider the beneficed clergy as usurpers of those piss. sessions with which they are endussed. There w•as a Sensi ble decline of sin, dual feelits, which led the clergy to lend themselves to tempura! authority. It aims impossible the pretela State at t lust; Kamer or later Ilia Whale fabric would fall. Upon an occasion Ink.• the death of the 41,ieen, the defendant had thought it r.glit I.) Make an attack on the established c let ey rat EllglBllll, and 'n11'111'111:11 ly I nut 01 Dorham. 11. is it to lie imitated that the great body of the established choir h were to be treated with so little rev peet.—lf attacks like this could he permitted, it wooed he impossible taat the ri varr•ud body could ever expert to find the respect due to their sacred lintel ions. Toe Lind Chief Justici..--Take a mule to show cause. TIM KING U. is. ut.IIN LSI". Mr. C. l'hilltps limited to fil.• a ei bonnet information against a ottitlettnin of tine name of Thornhill, one of his Adtjest)'s Justices (tithe .05 the Ct.inity of Dotty, for ini tending to admit William lit mit:bank, jun., to bail, on a charge ut tam art-, itial set-eclat% that 111•1,4111 front illStice.— rhe (acts titwa he in lite lei.. .lemon of met reader!. A di.el is as fituriit h.iween Nlr. iti b•iink. and a p11111:111:111 !Gliall'll Cuddle, Ipso the delta thht:ti 11 , 11 of the latter to pay his address, s to the sist.4 or itilehatik. 111 r. (Audi.> was woutided in I lie contest, and WWI after vied. 'l'lw con stable then went in search of Mr. Brittlebank, the coroner basing funint a tenth I of murder, as he was told the object of his searsli was in his lathe.% house, and the officer tinder s; ..... I that the Illiwou , s4 ;us ittrawled by the magistrate, Mr. Titoraitill. taking hail to WOOL far his Tipp( /trance. When Ile' trial cone nit at the asst gds, t he accused did not appear. Ile hid left the country. The affidavits further stated, that to recognizance was actually entered intro fur the appear ance of the accused, and it t.as suggested that lung intimacy and friendship existed not een Mr. 't hornbill and the Itrit tlebatik family, whirls had Induced the forittec to s creen Mr., 11m. lit ittlebank (rum tile consequence of a : charge of wilful murder. _ . Judie K iyley ailed whether any of die affidavits stated that Mr. Britdeirank wn,weu It do Mr. Thoi a hill. Mr. Phillips answered in the negative. l'aey wete tuld he wav in the "home with ti e au, q jsu tile. The Lord ChielJuidiee said. every wind io die affidavit miglei lie true, and yet Ili.• geothisoni 4.Am:I whom Mr. l'uiilipsuiirvavl be utterly iAnGraiit of the tistmaction. Judge Bagley.—'this Court ran never grant a rule for criminal iuroiniatiuu, uulrs they have well legal evidence Kb bb UKIO satisfy a grand The Com t muter all she eiirumonncev, were of opinion Mr. Phillips should produce the nffidavd of the ina.tistratg'u a hose lest itBlllly olighi throw a 1:,111 upon the rubjcel. Mr. of 11101 THIJRIII . JO Mil 111 SPITS The Sulit hot General moved the judgment of the Court on Henry Collins, tried before Mr. Justice Burrougb, sit the last Susses Assizes, found guilty of uu assault ou Daniel Sparshott. Mr. Justice Best read the notes of the learned Judge taken at the trial, from which it appeared the assault ass violent and iniphwalted. The defendant (who Was formerly Lieutenant ha hi, Ma jesty's s hi p Severn , o f w hi r h the vl.iintiff is Purser), in his defence. alleged that the first assault ass committed by the plaint,tl, who rude Lis horse him, as he was rating the beach at Sussex. He produced certificates of good con duct as an officer fur le years. The Solicitor General. in aggravation, descanted on the unprovoked brulality of an assault committed on a person in the situation of the prosecutor, advanced its years, and firmly bliu.l.. . . _ Mr. Justice Bayley, pronounced the sentence of the Court, which Wile. that t he defend.tnt be impris tttttttt for three calendar Alas in the Kiug's Bench go i,on, anti :dim words enter into recoginsances to be of good behaviour fur tise years, himself io Wt. and too sureties in LIU each. . 7.7111131Ccr --- .....".MIIIIIMINIIIIIIIIII • . .. •-i. . • • • PHE NATIONAL RtGis , rxit • -1, • , ~, .. • • , :. :.,.. . ..+' . - , ~ I must abide by; the conceriet.ce..—TßlV de- lordships; and Ibe dimert intiep a , was not allowed to proceed, and therefore had hom again uo the suldeet. *.i , . right of making her defence.' ~. .41 Justice Layley.—lf raisc;iief is insinuated into Mr. Andrews °Mei to sbn nest wlei- a man- Muds, punishment will not remedy the evil. Is it damus should mut issue *. *Ups magistrates of Marv. ter to stop ilie reading of improper matter ? le hone p.ilicerolticelic ' to 141 , •eourt the proceedings 3oolLer.—l contend, my Lord, all a judge can do ;mains; several persons. prosecuted under the coal art.— ii, rcasition you againo repealing offensive stale- The object is to prove Ilse points of law urgued before th e and if he persimi, tile judge May inflict punish- Judges. Here the defence is stopped altogether, and I - THURSDAY, ROT. 16. _ TIIE KING V. 43120HGE VEER. The defendant was found guilty nt the London sittings after Hilary Term, last, under an information tiled by the Amine, General, for putifshiog a scandalous and seditious libel un the King. The libel was published in The Repub lican. The defendant was shoptnan to Richard Carlin: of Fleet...street. thi the application of Mr. Cooper, the Court postponed giving judgineui till this day we, k, no the gi ound that throe were two affidavits to he read in mitigation of punishment, which had been sworn before the magistrate instead of before a commissioner of this court, which according to the rule of they ought to he. 'l;liE SING U. MART ANN CASLIILE. Mr. Gurney moved the jadgment of the Court on this de festiLtit, t unvicted at the SI ti iiigs after last Term, at Guild hall, for publishing a blasphemous libel against the chrittimi NIL Justice Best having read the notes of the trial— Mr. Henry Cooper then addressed the Court. Ha said he had a few observations to offer in mitigation of punishment. N .st one word should drop from him which might have even dency to revile the holy scriptures. No man bad more res pect for the established religion* than himself. 4 Ile was anxious first to 'mind the Court, that the family to which the defendant belonged, laboured under much odious. übd it Was almost impossible to separate prejudice from the case of the de eittlant. lie never could condemn the religious opi nion of any one. Ile was only the adversary of that moral monster, Hypocrisy. A tolerant religion could never jus tify severe punitibinents in cases of irreligion. The difficulty era. to oppie.se superstition. Iteli,;ion. he was persuaded, wi ht be ably defended by its professers, without legal wee lit). He could tell the Court, in mitigation of punisl •tit. Obit some of the greatest divines had deprecated these pru •ecutiuits. Dr. Porteus was one ; Dr. Watson and Dr. Lordlier had also expressed disapprobation of severe pro. ceetliogs in cases of this sort. lie had no affidavit* to one', and he trusted he bud said nothing to injure his client. She tits a female, unable to bear punishment, and the Court must consider that she was under the controul of her brother. Mr. Gurney ill:It the defendant was acting upon Sill* I'll II) of fecluo4 ho dud not believe—sordid interest, and con tempt of the established religion of the country, were mixed together. Not only the defendant, but her brother and family had gone on setting the law at defiance, and the. Conti had to deride, by the punishment they were called upon to millet, whether such contempt of the law wits to go oil to the disgrace of this great metropolit ? Mr. Marriott followed Mr. Gurney in support of the pro secution, and Mr. Justice Bayley, delivering thejadgment of the Court on the defend:tot, said—.` Mary Anti Caddy, you are w re ceive the sesitenee of this Court, after having been found guilty by it jure of your country of publishing a libel which impeaches the Old and New Testament. In this country every' persona imitit d to loran for himself any religious Iu the rows. of a very dim reel and able adder-es, simile by the gentleman who Cill..llll'is your cause, he I am happy to hear considers your ()Onions as erroneous, and I believe every 'levant A lIU gives the subject a ettieful ex:mi n ditto will come to the same conclusion. I say this because it has happened to myself to investigate and examine, and the result is a toavictiun on my mind of the authenticity of holy scriptures. 'I lie Court does lint think a libel of this kin•l calculated to ovei tom y believe retie.' to he so firmly rooted in the heart of man that nothisig ca m s shake it. Person., who ure able to cx:•mile will not have their Salta shaken i but how titan) peis•ms are Omie who may have their prineiph s destro)eil :11111 i lu•ir Mind, poisoned? The Omit acts on the pi Mewls. of pito, ctiog these persons ss ho at e incapable of pi meeting, themselves, I t appears yllll are of a family oh *smelt, untortunately, the judgment of this Court has hero passed, y et soothing seems to deter the on 11. e contrary punishment seem. an encouragement. The Court, taking into coosiderntiou all the citcusitsboires, order and adjudge, that you psi) , to the Crown a fine 111 51411. be imprisoned in I) stele stir gaol one year, tool I Ile expi ration stt Seat time give sun-ties for teen )4.ltA, yourself uu 10011. owl two sureties in 1001 itch; and that you be ms prisoned uuni the fine is paid unit security given. lie alt fentialit was *bell taken out of COW t in custody, Cailditti AL INVONIIATION. Mr. F. Pollock rii•plied on behalf of the Mayor, Alder men and Burr( sscs of Berwick-upon Tweed, or file a critni • ii,il imorination i.even perwni., who had riotously dis bolted the proceetlinns of the Guild of that ton 11, and nssatilted the town Cit IK. ' llse Coot t grouted a talc to elicit THE l[l%o U. DAVID OkAVES UA V Y AND S. A. 'HOWLER. 'file dr t'etulunte, aim cart led un busiliebs at Pl)ntoutil Duck as, merchants, and become lottikrupis, were twilight up to receive judgmeol, Isavlng ritlfertsd juilgonont lry!tlefatilt iu a prosecution for perjury. They a cue charged nuts ideating fal6tfiy. in miler U. sue taut a wait n u t utteA our. Davey, to %slum) they weir. iiirt , toed to a large amount upon a bond. Alter the prirevedinu had been read, which Ott upied the Court a yr...sitter:dale lime, the defesidaut put in Itiailav,ts, and were. oidr.reil as oe bioaglit up again Illtg COW. -r ~ aro*.