The National Register. — London, England, 1822-10-28 00:00:00

Alit .00 1' RU.II TCIESDAIr NiGur's GAZETTE. FOREIGN OFFICE. Ana. 1. The Ring has been pleased to appoint J. It. Matthews. Esq. to be his Majesty's Consul General in the European dominion. of his most Faithful Majesty, to reside st Lisbon. BANKItu yrs. 3. Hewlett. Glonee , ter. cabluet nhtker. Solicitor. Mr. King. Sergeant's In t. Keet Street. J. Fox, grocer. :01s. Messrs. Potts and Co. Sergeant's Inn. 1.. Evill. Waleut. Slmerset, money scrivener. Soli. Messrs. Putts unit Co. St:rgeaill% Inn. W. Gregson, Etng,ton upon Hull, linen diaper. Sol. Mr. Chester. staple Inn. Child, Little Stretton, Shmnshire, blacksmith. Fol. i►lr. Thomas. Barn -tl's Inn, Holborn. 1; and :..eau, Metlilsy, Yorkshire, maltsters. Sol. Mr. Watket, Exchequer Office, Lincoln's Inn. • G. Bliklbarat.Gnosall, Staffordshire. grocer. Sol. Mr. Hicks, Gray's Inn Sqtv•re. A. Cuming, Whitestones, Worcestershire. draper. Sul. Mr. Holt. Threadneedle Street. J. Kewcr, Little Windmill Street, Golden Square. carpenter. So:. Mr. I loward, Took's Court, Carey Street. R. Barkett, Liverpool, dealer. Soli. Messrs. Blackstock and Co. Temple. R. Lev tantl. Liverpool, soap boiler. Sold. Messrs. liktkatock and Co. 'Temple. DIVIDENDS. Oct. te. T. Turner, Stock Exchange. broker—Nov. 14, J. 1. Boyle, Pall Mall, fancy paper mantitiuntirer-v3..1. 11. Tucker, Jermyn Street. St. James's, chyoust-ig, N. 1/malt. North ampton Place, Old Kent Road, draper-I:4 J. Bromley, Circus Street, New Rot:I, Nlarylebone, i iiiii monger-11, A. Gumpertz, Great Winchester Street, nielehmit-it, W. Wood, Whaipole Street, Marylebone, was chandler. CER I'IFICATES to be granted Nov. It. J. Emery, Rosamond Street, Clerkenwell, victualler-W. Voates, Bristol, baker-I. Porter, Swinford, Leicestershire. butcher- P. Lilts, Crooke., Lame, drysalter - G. Frost, She veld, clieeAt111011:4. r-J. G. Hodgson, Covent Garden, wine merchant _W. Shannon, Whitehaven, draper-It. Felton, senior. High Fgreet. Suutliwaik, bop merchant-J. Dent, High Street, South wark. clieeseniunger-J. Palley, Bristol. master mariner-V. Wortley, Henry Street, Hampstead 'toad, grocer-J. G. Young, Shipley, Oxfordshire, merchant. LAIV lATALLIGENCE. COURT OF KING'S BENCH. MONDAY. O. 21. This day this Court sat in the Sessions House, Westminster. for the trial of Special Jury Cases. THE KINS, ON TYE PitosECUTIoN OF THE CONSTITUTIONAL stiCIETY, V. Douse. This was an indictment against tile defendant, a bookseller, im the Strand, for the publication of a sedition* libel, contained in &work entitled, rile Puliiined Dirtiowiry. Our readers will recollect that the prosecution was brought forward some time ago, when Mr. Seeded objected to the Special Jury returned by the Sheriff, on the ground that one of the Sheriffs was a member of the Constitutional Souely. In consequence df that objection the trial was postponed, sod a rule of court was wade ' absolute, 'stilling on the Coroner of the county to return • Special Jury. The Coroner having complied with the order, the indictment clone uu again for trial. The Special Jury were called over, and sin appeared iu the bos. Mr. Scarlett then ruse to object to the Jury being sworn.— Ho *aid lin Lordship would recollect it appeared tot record on the.puateci, that thie intlictmeut came beture the court on a roamer day, when three Jurors attended. An objection was then taken to the toles men. Three Special Jurors remained unctiallfingetl, and it was the duty of the Coroner to supply only a usw list of Special Jurors,. in eider that persons might be taken to make the brat Jury good. The CltiefJustioe over-ruled the objection. on the ground that it did lint appear on the rostra, that the Special Jury in the former case remained unchallenged. A aecuud objection was taken against the Ninnies sent by the Coroner to supply the absence of Special Jurors. Mr. Scarlett contended that the tales ought to be taken from the Jurors returned upon t'rc Sheriffs' paunch. The Chief Justice held that the tales were returned by the Coroner in the best mode, and overruled the objection. The Jurors were then sworu, one was excused on the plea of deafness, another iu consequence of his having been sum atoned in a wrung Clinstian name. Mr. lyadal opened the pleadings. It was an iudietinent, he said, against 1110111111 Dolby, for the publication of libels on the Lung, Lords, C 0101130814, Judges, and constituted authorities. Mr. Guruey stated the case. He said the indictment lied been found by the Grant Jury of Middlesex, charging the de fendant wills the publication of seditious libels, in a book which be them held ia his hand, and lie might say, if it was not sedi tious be knew not what sedition wan. It was intilled The Po heirs. DS tiJnary. or Pocket etoaccutioa. This work would he found toast misenievons in its effect. It was written to degrade the lkiug, Lords. and Commies, the Clergy. the Law, and ill the institutions of the country. It was, in short, a libel upon viers clan: of the commuoily, , escept the lowest class of suciety , who were ff ittered to answer the object of suck writers. Fur the purpose of supporting this indictment a few vantages were selected, sod if his learned friend had au idea that the ingenuity of writers of this description could be defended by going through the whole of the' hook. be should have nu obit ctiun to read every paragraph. Mr. Gurney then turned to one of the alleged libels, under the bead of " The Cl/6111110e Law." This the writer described to be any thing the Judges might wish ; fir example, the thiiug Davidson for tiefentling himself, or bring Mi. Clement for puldishing Thistlewood's 'Mal, was coin -111 JLI law. Lord Chit:lJ istiet l'enthertun had made his boast that be ha I made more el/1111111111 kw 01111 all the Judges in the reign of Charles Cie Second, sod both Houses of Parlianieut.— .Plauy Judges of the present day were disposed to fulls* his •sample. 'rinse persons, said Mi. Gummy, kuow they are euoveying falsehoods to poisuu the public mind. The writ, r Lows the eUlellUolll2W is nut any thing tie Judge pleases.—lle is not se iguurant as nut to know that when Mr Otis idsori ad, hord,be was tined by the cmunion law, and if the learned JaJge had not fined loaf, lie *wild hose iieglected his duly to the public, *limb cuto•ialeti w part in ['reboring diceuey in (mum of justice; end but atiltei such I.iatia..l% to heroine the tueatth of blasphemy. This is the troth. -yet the defendant iu his publication, wishes it to lie assumed, Iliat persons taking that inicceut comae in a 1.011, I lit ju , t,ce ought out to be res trained. Whets he says Mn. C.teneni was t.e...d fur tilt• pulei o.itiou of Thistle* oott's trial, it i., fals•. It was not fur pulp ineling that trial, but tor paalrahing p la the trial whilst it wit going on. Some of the witti,sam, were Out (Actium, whilst getters were examined, and the object in prohibiting theepuidi. ition was to prevent one set of wit • knowing what others ba I sworn. Mr. Conley then c..iumented en the words—a tad clergy without religion—rinliatoeut as einry a- ~. ~~ VIE NATIONAL REGISTER sound, a hoax, the theatre of venality, &e. Could such passages be considered a trne definition elite t.lessings of the constitu. lion? Would his learned friend contend that the press was not free aides' it aaa ut full liberty lo villify every thing ? rite liberty or the press could not exist without law, and the moment the press olvj o sin,ll a victory over the law, it would obtain a victory over &eV, arid be extinguished. Horatio Orton was si.eu examinvil by Mr. Tindal.—The aituess purchased the hoot. of Mr. Dolby, at his shop, 299, Strang. Cross-examined by Mr. Searlett.—The defendant sells cari catures and stationers. Did you est for this work ?—I asked fur one. Had you seen it before t—l had. Did you read it throu,ch 1-1 did not read it through. Then you wished to 6ni h your reading, I suppose ei.hod from cariosity to see it. Who directed you to purchase it was directed by the committee of the association. Who are the committee?-1 don't recollect. I was directed to purchase it by Mr. Murray. Was M•. Murray attorney to the society ?-11e was solicitor, %serif the committee, mid secretary. Did you ever receive pay (rum him'—Never. Who paid you t—The society. How much a week ?-1 net et bad pay by the week ; by the year. \Viten did you receive it last?—About a month ■go. What was your salary [llere the witness appealed to Judge whether he was bound to answer the question. l The Lord CbiefJustiee said there was no reason why be should not answer it. The witness then stated that be did not wish the public to know what he rrei•ived. Mr. Searlett.—llow much is it?—Eighty pounds a year. Hare you any other oserupation I—No. He was introduced to the society by Mr. Sharp. Ile purchased the book on the pith of May. Mr. Gurney then desired to base the libels read, in which are mentioned, Lam—Any thing the Judge pleases. Ais iy's Speech—A few unmeaning sentences. Meeting of Parliament —A meeting of prisons to augment public iniiiefies, and scramble fur tlie spoil. Parliament, 4c.—A house of ill fame. Mr. Seerlett the■ addressed the Jury• for the defendimt.— He adverted to the objecting lie had made before the Jury were sworn. He too► the objection from the best motives.— Ile then expressed a hope that the Jury came to the box with unbiassed minds, His learned friend had selected a few pas sages from the book to prove the wickedness of the publica tion, bathe had not said one word to explain to them who Mr. Doily was. If indeed this book had deserved the observa tion his learned friend expressed, it was extraordinary that his Majesty's Attorney General and the Constitutional Associ ation bad aufreied it to remain so long dormant. With respect to the book containing libels, it was well known that scarcely any satirical work would he found that might not be made the subject of prosecution for libels, 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 ; but did any one accuse these authors of in intention to overturn the constitution. Speaking of the jurisprudence of the country Pope has said— •• And Judges Wirtz, That Jurymen may dine." Was Mr. Pope considered a libeller in consequence of these line•, or did any one ever say his intention was to briag the Judges into contempt. Dr. Johnson had raid oats o ere food for men in Scidlund, and horses in England," and did any one charge him with a ibel 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, bet be left them to exercise their own judgment on the question. The Jury retired f the box, and Im•ing been out Iwo hours and a half, returned at live minutes alter fuug o'clock with a verdict of guilty. TIIE I[l , o n. CIArKII• This-was an indictment against the defendant for the pnbli cation of a blawhemous libel, in a vroilt. called •• Queen flab:' The blasphemous matter denied the existence of a Cod. Mr. Carney stated the case as one of the worst class. 11 was a prosecution preferred by the Society for the Suppres sion of Vice. The learned counsel detailed the offensive mat ter, and called upon the Jury to vindicate the Christian itch gion by finding the work a libel. Charles Jones deposed, that he purchased the hook at the shop of the defendant, on the 4th of May, 1521. lie paid 12s. fur one copy. T::e libellous passages were then read. _ _ . Junes Rignold, a person employed by the Society for the Suppression of Vice, also deposed, that he purchased a . copy of the defendant on the lUtli of May. The defendant, who had no counsel, addressed the Jury at considerable length. He stated, that he wrote to this Society, olVeting to give up the copies of the work in his hands, stop the publication, provided they did not prosecute. His object in publishing the work was merely to get custom in business. He weited on Mr. Pritchard, Secretary of •ie Society, with the aforesaid proposal, but was told they could do nothing in it. The defendant called Mr. Pritchard, who proved bia state ment; but on the cross-examination of that geinlenian, it ap peared the defendant had published the work after be wade the proposal. The Lord Chief Justice summed up the evidence, and hay ing commented on the libel, left the Jury to deride whether the defendant bad published the libel or not. The Jury found the defendant guilty. INDAY, OCT. 22. CONSTANT AND CO. O. HAGUE AND TIIONIPSOM. Mr. Campball opened the pleadings. Mr. Gurney stated the case for the plaintiffs. The plaintiffs are sour-boilers, and proprietors of a su:Ar-house, adjoining the difeetilmits' premises. who are millwii;lits, carrying on bu 5i111.63 in 11 ell street, 11 !skeetlapel. Defendants had erected steam engine for tlu• plaintiffs, which exploded, and occasioned great damage, for the recovery of which this action vv as brought. L,rd Chief Justice having summed up at eousideraLle length the Jury found n erdict for tilt pl.tiutiffs. rii C. srio A NT. This was an issue, directed by his Honour the Vice Chan cellor, in order to tiy, hy the serdiet or a Jury, whether 1:i01. was advanced I• t: (let, iidant no the ./tb or February, ISI 8, by the plaintiff, as u con-ideiatiuu fur taking a lease, of w hkh the plaintiff lied the beso. The fai is were s'uo thy these •—A lady, nutted Seymour, and and her brother, were the proprietors of certain couch houses and stables in Bruton Alt% P, Bruton-street. The plaiuta wished to become lessee for • tern, of twenty-one years, but )Ir. Seymour did out like kin a. a tenant.—The plaiota, who appeared to be upon terms offriendsliip with the defendant, am auctioneer, IRIS supposed to have paid Mr. Stewart 1501. fur procuring a lease trom Mr. Seymour for his use. It was proved that Mr. Stewart had obtained a lease for 21 years, on payment of 4001. premium, and 3501. per atinum. Letters passed be tween the parties, and bills of exchange, from which, coupled with the facts, the Jury had to draw their conclusion. After the cause bad occupied ire% eral hours, the Jury re tornedm verdict for the plaintiff, by which they decided that 1501. was paid as a consideration fur the lease obtained by the defentlaut for the plaintiff's use. WEDNESDAY, OCT. 23. BLASPIIEMOIS LIBEL. THE RING, ON THE PROSECUTION OF THE ATTORNEY•GESI - V. SAMUEL WADDINGTON, FOR PUBLISHING ' 6 PAL - NEU'S PRINCIPLES Or NATURE." The Jury being impannelltd, Mr. Waddington sdit d the Court as Counsel per se. I have an objection ; it is, that the ease 1 ant upon the hoard* fur, should not he tried by a special jury. The Lord Chief Justice-1 MU bound to try you by a special jure. aildington then referred to a hook, upon whie:i he contended he %e ms entitled to be tried by a common jury, unless his armlets was of a nototioas character, as against the king's Government. He submitted that this was not such an offence as could war rant an es-officio informetion. The Lord Chief Justice said be should proceed to try—the defendant might, jibe chose, move fur a new trial. 11 addineton—Your Lordship knows 1 sin entitled to a new trial; and 1 shall have something to say to you before 1 have done. The Solicitor General staled, that the defendan was accused of a blasphemous libel, which, as it must he read by the ollicer of the court, he should merely state, that no person could doubt as to the sacrilegious character of the libel. It reflected upon the Old and New Testament, anti our Saviour, in the coarsest language. The question would merely be, if the defendant was guilty of publishing that which had already been pronounced a libel in this court. Oarlile's effects being taken in execution, it was thought there would be an end of such prosecutions.— The defendant took a shop in the Strand, and inscribed his name over the doer 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 • all Waddington the fanatic."—Waddington himself Auld behind the curtain. Another—•• This is to give undue that Waddington does not sell any thing seditious or blasphe mous—but Las a strong suspicion that somebody within does." There was a string like a bell rope and kind awl trap window— any person going up to the sl o p and ringing the bell, looked at the board with the names of the books bold ; this book was Ir t down to his hand by a rope, an his paying the price; this pm eon was known to be the keeper of the shop, and two or three persons w ere employed to get evidence of this fact ; one placed himself in a situation to see who wen: up stairs; they saw Waddington and a buy standing by the epertute through which the books were let down from the first Sour ; the defeuthent was found chinking the money in his hand, Palmer'sn Principles of Nature being at the same time let down into the hands of one witnesses. John Parton examined by Mr. Gurney.—Witnese is a Bow street officer—,knows a shop in the Strand, No. 200 i, it was opened fur the sale of pamphlets. In May last the naine of S. Waddington was painted over the door in large letters--Las seen the defendant it that shop frequently. Several written placards wire exhibited at the shop wiudow. Witness made copies of t wo of them. Mr. Litchfield served a notice on defendant to produce those placards. Mr. Waddington-1 never received such notice. Lord Chief Justice—l don't think such notice was necessary. 1 reserve that foi loi ther consideration. W itness read—" Nine's Age of Reams, and Palmer . ' Principles of Nature, are DOW selling behind the etutain—no connection with Waddington the Radical." Copied another paper--. To the forces of the liiidge-street sod Essex-street gang. S. Waddington hating seen them roaming about his glop like lions, seeking whom to devour. This is to gives notice that S. Waddingtim sells nothing seditious or blasplie 111100s. but has a strong suspicion that somebody under his roof does." Oh d the shop with these placards exhibited fur several days—made the copy on the 4th of May, the day of defendant's second apprehension. As witness was watching the shop, observed the manner in which Ilia business was con ducted. There was a spout connected with the floor abuse — has seen customers put the money into a crimson bag, which was drawn up to the find floor—these were one or two in the shop occasionally serving. There was a speaking wimp , t communicated to the first Door—there was a ring with the title to serve each book—a hook for each book, and but one Thy person indicated what books lie wanted by patting the ring upon that hook. They were Palmer's Principles, sod Pain's Age of Reason—these placards attracted a great number of persons about the door. Mr. Poole, a tobacconist, occupie d ems half of the shop, there was a partition bet we m them, and sepa rate entrances from the street, on the 4th of May went le Poole's, with Smith and Gook, police aims, and front Poole's premises commanded a view of the lirst floor, occupied by Waddington (through the key-hole) opposite to whieh was the spout ; Gook was stationed on the stairs : witness had watched it for several days ; the door on the landing-place was Met. lo ' conseqemice of information received, Smith and witness went out at the street door of Mr. Poole; Smith then went into the defendant's elm') for a book ; witness looked through the shop window, and saw Smith receive a book, which tumbled dotes 51)01 ; Waddington was not at that time in the shop: Smith I remained in Mx or seven minutes, then Waddington came Into T the shop (mom within ; thole is but one stair-ease to the two shops, both Poole and W Addington have access to it; witness i then went to Bow attest with Gook, sod got a warrant. ' which they executed by apprehending Waddingtomj la the shop the witness bad previously purchased something of W'addington. Onset-examined by the defendant—What was it you pur chased ?—.l Letter to the Editor of the Traveller. Will you swear you purchased it of nee! lam not sure. purchased that of your servant, a boy, who appeared to be year berretta Will you swear lie was my eery ant ?—I believe so. What did you purchase of me ? You are in a Court of Justice ; you are to give evidence not on belief, but positive.-1 purchased it of you, you desired the buy to h ive it me. Waddington— I shall contradict you—l was in Clerlenwell prison at tlit time. Read the date of my euiumitmeat. The Lord Chief Justice—Your time is not come yet for defence. Waddington—You swear you bought or me that letter Lord Chief Justice—Atteud to 111 C, yon have intelligenee. Waddingtone.Yes, too :ltch _fur this Court I Wires.-- (Lagghler') ~.