The Statesman. — London, England, 1818-08-08 00:00:00

" 1 7,r7 ~*" Ir • • :4:- ( , c t f • r : 1 ' • - 1 • w‘ V *- ‘ k. , ‘‘. -~ ' . . ' 4, k "Abie w iL. :., I ,IVS :t i..i !‘1541: . ' ' coußr OP . TO THP ithltdlt OP tits stAfristAtir THE . BEDFORD ,At CtiAttiTY. go t ,—A Most reprobettsible,sellish,anti inisteltous The question in this case, it will be recollected, *arose oe the Petition of J. Lyon and o th er s, which s toop, is now testing by it fee principal houses is was heard before his Lo r dship o n F r id a y last, and the Tea Trade, Weeder to restrain the Tea Brokers which involved in it the right of persons of the Jewish e t the East India sales from purchasing Teas for persuasion to become participators in the advantages . coo ntry dealers, with a view that the whole of that of the Bedford Charity. Sir S. Romilly, Mr. Bell, tra d e may cediet . In their own hands, and thereby , and Mr. Heald, were heard, on a former day, on be. fi nable them to charge what prices they ma y please half of the Petitioners. : . r AI The SOLICITOR•GENERAL was now heard on Me' for this most seeesscy beverage. part of the Trustees. The Learned Gentleman corn- The province of *Tea Broker is not simply tomato . mowed his orpiment by disclaiming any feeling on porches*, at the qearteely sales, he heists* tomato:, the part of those Gentlemen, for whom he appeared, every individual &let sines that is to be brought for- except that of a wish to discharge, in a conscientious ward It those OM ; sod by smelling and infusion, is manner, their duty towards the Public, conformably to estimate the di ff etent qu alities, and enter thetas to the intentions of the founder of this magnificent Charity. The question now was, whether Sheba by e pprepriate marks•in the sale books, thus distio. _ yon,thedaughter of one of the Petitioners, being geishing lithe th e Jewish he qualities ; whereby a person at a thou . persuasion, was entitled to draw a lot sand miles distance has the same means of appreciat. for the apprentice-fee. Ile had now to contend she log the value of his purchases with those who are was not, and that upon the authority of the case of upon the spot. Th is fair and honourable mode of Calvin, decided before the Lord Chancellor and the twelve Judges, in the reign of James I. In that case doing business, which has always been the practice it was decided, that the Jews were an alien people, at the India isles since their conrasencement, those and could not be entitled to the rights of natural. born subjects. This was a decision on the law, as it antscientisnis dealers wish now to ov erturn ; and have desired, Of rather commanded, the Brokers in future stood in the reign of James I. ; as it had prevailed i n stern insert those marks in the sate books, see i ng that of Elizabeth ; and as'it was rn the limetd. VI.; in whose reign the Bedford Charity was founded on that it makes the smaller dealers too wise. They der Letters Patent 9 granted to Sir W. Harper. From t h emse lves by personal inspection know th e different the . _ Letters Patent it would appear,that it was not the qualitiesond this they think sufficient; i f others will intention of the King to found a Charity for the be still presume to purchase at the sales let them do so nefit of the Jewish people; neither had S it W. liar per any Intention to endow such a Chary. When at Suchr nd random position in any-other trade wo odl ice h e question was last before the Court, his Lordship directed that enquiry should be made to ascertain been instantly scouted with the contempt it merited ; whether any person of the Jewish persuasion had but as there are only fourteen houses in the Tea• ever been elected a Trustee of this Charity. He brokering line, a majority of them are for m e a nl y could answer that question most confidently, that sneaking into those nefarious measures which their there never had. Joseph, one of the Petitioners, masters prescribe! Happily, however, there are some had, in his character of a housekeeper of Bedford, voted twice in the course of 32 years at the election among them who spurn at such contemptible bondage, of Trustees. Joseph, it appeared, was the first Jew and those men are likely to reap the golden fruit of who had, within the recollection of any person now their spirited conduct; because this scandalous at- living, been resident in Bedford. 'That the founder tempt will esaspirate the smaller London dealers, had never intended this Charity for the benefit of end will also open the eyes of the whole country Jews was ain ad obvious, from the persons whm trade, and induce hundreds of them to make per. he had na m ed as n visitors, namely, the Warden a o nd Fellows of New College, Oxford ; and there were also chases at the sales, who otherwise w o u l d never have a certain number of exhibitions of 401. a year each, thought of it.—Why should any man be debarred to send pupils to Oxford and Cambritlge. These the privilege of buying at a public sale? In fact, it is could never be intended for the benefit of persons of a conspiracy ,against the Public, and more' portico. the Jewish persuasion ; and it would be enough for larly against the East India Company; and will p ro- him to prove that there were certain benefits which could not be extended to Jews, to establish the point bably induce Ministers to open the ports of Liver• of the founder's intention. Another of the prosi pool and Bristol for the sale of Teas, thereby de. st • one of the Charity was, the children in the school priving those avaricious men of three fourths of their attend prayers morning and evening ; and, on their present trade—so sore will unfair and unreasonable failing to do so, they were to be subject to punish. selfishness defeat its own purposes! ment, and on their still persevering in that course, Some people eagerly desire to be known in public they were to be expelled. It would, indeed, appear, that there hoed been two instances of Jewish children for deeds of charity, whose private conduct is all self: being admitted into theschnol ; but in these instances this we find to be the case in the Flour as well as the they h a d been excused attending prayers, or allowed Tea Trade; but it is not the trifling mead of charity to sit, whilst the other children were kneeling. This paid to a few individuals, either in prison or out of was an indulgence eatended to them on the part of the it, though trumpeted forth under every guise of fol. Master or Trustees, beyond what the strict words of the Letters Patent allowed of. Another provision some adulation, that will compensate in the eyes of was, that the Christian and surname of candidates either GOD or man for that general misery inflicted for t a e benefits of the C har i ty should be delivered in upon the poor and the needy by those selfish flinty. t o the Trustees. This did not mean the first and hearted Monopolists, whose bowels of compassion are second name; but the espression Christian name shut to every generous feeling, and whose polluted was intended to designate the religion of the apt wealth wilt be ever cursed by the starving pangs, t h e plicant. So also the persons in the aims-houses groans and tears of the widow and the fatherless ! were required to attend a place of worship on YEA, VERILY ! Sundays. Now this could not apply to Jews.— The reward to apprentices on the expiration of their servitude, was also to be given on the certificate of the Clergyman and Churchwardens of the parish, to gether with that of the Master, testifying good con duct. Now what could the Clergyman know of the moral conduct of a person of the Jewish persuasion ? It had been contended, on a former day, by Mr. Bell, that this Charity was not confined to persons of the Christian faith. If it was not, where was the boundary to be drawn ? If Jews were to be eli gible, who should say that other Infidels, Mahome dans, or Ilindoos, should not be admitted to partici pate in this Charity ? Ile had now the affidavits of Dr. Brereton, the Head Master of the school, stat ing that the scholars were required to attend Divine Service; they were instructed in the Greek Testa ment, and in the doctrines of Christianity ~ and strongly recommended to read the Bible and New Testament. Dr. Brereton recollected a son of Jo seph being admitted into the school; but he was re cused attending prayers, and was instructed in the Latin Grammar, and writing only. The affidavit of the writing-master also stated, that the children were instructed in Christianity ; they read the Bible and Testament, and repeated the Church Catechism. Nathan Joseph was excused doing this. The master who superintends that portion of the school its which Dr. Bell's System is taught, stated in his affidavit that be had the superintendence of an evening-school at which two of Joseph's daughters, two of Lyon's, and three of Eli's attended for a short time. In ad dition to this, he bad the affidavit of the Clerk to the Charity, who stated that no Jew girl had ever re. ceived the donation, on being placed out a servant. — The Learned Solicitor. General also submitted, that the Petition could not be received, inasmuch as there ~were joined in it five persons, Elders of a Synagogue in London, who could not be interested in the ques tion, the benefits of the Charity being confined to the inhabitants of Bedford. Mr. PIIILLIMORE and Mr. SIIADWELL followed on the same side. The latter Gentleman contended, that on the face of the Letters Patent, it was apparent a Jew could not be a Trustee, since, at his election, he was obliged to swear, he would maintain and keep iu repair a statue of Sir W. Harper, the founder. This, consistent with his religion, he could not do, as it would be swearing to support a graven image. Sir S. Rostittsr, in reply, submitted to his Lord ship, that the observations made on the Elders of the London Synagogue, having joined in the Petition, might be answered in a single sentence. The ques tion was one of great general importance, and the Elders had felt it their duty to stand forward, and to bring the question before his Lordship. Eves from the arguments on the other side, it appeared, It is again said that a new Diet is to be convoked at Wirtemburg. The house of Mr. Shipton, in the Mint (Borough), Wes discovered to be on fire on Wednesday night.— The family were alarmed, and every person escaped unhurt. The fire consumed the interior of the house and a workshop before it was got ender. As Mr. Cycle, of lioundsditch, was going to Dethnel-green, on Thursday afternoon, a horse, which bad escaped from some livery stables, ran against him with such violence, as he was crossing the road, that be was taken up senseless. Surgical as. slatting was immediately &en, and he wee conveyed home from Cherch-street, where the accident hap.. pened, in a hackney coach. There are tomes hopes of Ins recovery. Calm) STEALING.—On Tuesday last a poor woman mated Connor, residing at No. 5, Spread Eagle court, Gray's Inn-lane, went out upon some busi ness, carrying her child, about a year and a helf old, in her arms. She was met by a woman of genteel appearance, who pretended to be acquainted with Ler, and began to admire the child, which she took from the mother's arms, and carried it herself along the street. The mother having occasion to go into a shop, the other said she would remain on the out side and keep the child until she returned to her.— The unthinking mother consented, and went in and purchased w hat she wanted, but when she came out, she was grieved to find her new acquaintance had carried off the child. She hastened home in a state of distraction, and messengers were dispatched in all direction* without avail. Neither the woman nor child have since been heard of. The child was dressed in a uenkeen frock, purple bat trimmed with seal-skin, and a pair of new porple boots. DaAL, AUGUST 7.—Arrived last evening after post the John. -, from Jamaica ; Urania, }Litchi n. son, from St. Vincent's, and sailed this morning for the River; Royal Sovereign yacht, from Calais; and Florida sloop of war, from a croize, and remain.— Came down from the River and sailed the Diana, Lawson, for Africa. Coaostrat's Ingv s. An Inquisition was taken on Friday afteroona, before '1 nowxs Sawrow, Fog. and n highly repect able Jury, at the Golden Anchor. Leudenhall..treet, on the body of James Plater. a yowls aged 18 years, who pot an end to his existence by Imaging himself. Verdict—lnsanity. An Inquisition was taken on Friday. before TmostA. Stmt.- volt, Esq. at St. Banbolooneves 110-pit al, on the body of Mary Esse:. 10 yearA of age. It appeared in evident., that the de• ceased, who resided in lloxinn on Monday last. in the absence of her mother, was lighting the ere, and her clothes by some swam caught the flames; she immediately ran loin a neigh bour's house. who wrapped a carpet 'mind her, 1 kewise a quantity of w 'ter wits t hrown upon her, which shortly 'Uhl gaished she lames, bat her face, arm., and neck were buret in a shorting manner; a surge..n wa4 sent for, wbondrited her on be conveyed immediately to the Hospital. A Medical Gentle the ▪ following day at t 2 c loc k . o Yerdkt—Accidestal Death. -9 r7T, - . ~~ . • r' . 1., • - • :~ the Jews had been I. the habit of sharing , 3niages of this Charity. The children had been admitted into Ike school, hid been apprenticed and received the reward of good conduct. It had been argued, that there never had been a Trustee of this Charity of the Jewish religion. That wavi, beesese there never had been a Jew claim ant, of the sank in life which would entitle him to be admitted to a trust so important. He denied that Jews, the children of Jews, natural-born subjects, could be considered as ali en s. however, his Lor dship should in this case decide, that Jews could not partake of the advantages of the school, still it de. cided nothing as to other branches of the Charity. They might still be entitled to the marriage portion, the premium of apprenticeship, &c. According to the arguments advanced on the other side, no poor Jew could be admitted to participate in the benefits of St. Thomas's Hospital. it might as welt be con tended, that Jews were not entitled to the benefit of the Poor Laws, or to the Benefit of Clergy. He should contend that the Jews were entitled to the ad vantages of all those establishments, except such as from their nature were confined in their operation to members of the Eatablisbed Chinch. Mr. Shadwell had said, a Jew could not be a Trustee of the Cha rity, bicause he must swear to keep in repair a statue of Sir W. Harper and this argument he founds on the Jewish Religion, and the second Commandment. 11r.Shadsvett knew little of the Jewish Religion, If he supposes they could not keep up a statue for tem. poral purposes. According to Mr. Shadwell's ergo. ment, neither could any Christian be a Trustee. So, with respect to the persons partaking of the benefits of this Charity, attending a place of Religious Wor ship on Sundays. Mr. Shad well said, a Jew could not do this. Was Mr. Shadwell, then, ignorant that the Synagogue was open every day in the week I So with respect to the Christian and surname. Ile contended it meant nothing more than the first name and the family name. The Learned Gentleman con. tended that the words in the Letters Patent '• All children," and again " The children of all persons," were the strongest proof of the general intention of the founder. The SOLICITOR•GENERAL wished to declare, that in the argument he had pursued, he had no intention t• exclude the Jewish People from any of the privi leges they enjoyed ender the law as it now stood, or to complain of the Legislature, for having given them those privileges. The Lotto CHANCELLoit said, he would delay giving his judgment in this case, which he consider ed as one of considerable importance, until Monday seat. THE graTECRAN • INTE L !GEM: E. that for years past, the I sharing in the @riv en OP CHANCEItt o Ave. T. children hail• haw., mil CORNWALL ASSIZES. These Assizes commenced on Teesday. The Judges, who had opened their Commissions before the High Sheriff on the preceding day, attended Di• vine Service in the morning, and proceeded after. wards to Court. Mr. Justice PALM took the Crown side, which was remarkably light, the Calendar itself denoting no offence of a very atrocious kind. NIRI PRIUS. 711 E KING V. MARY ANN TUCKER. This was an indictment against the Defendant for a libel published in a Country Newspaper, called The West Briton, and Cornwall Advertiser, upon the Plaintiff, Mr. It. Gurney, the younger, Vice-War den of the Statutory Court itt the County of Devon. The cause was no sooner called than the Lady ap. peered in Court as her own advocate, and was ac commodated _at the Barristers' table. The pleadings were opened by Mr. WILD. Mr. Serjeant PELL then stated the case, which, he observed, consisted chiefly in a charge made against the Plaintiff, of malversation in the discharge of a public office. lie could not bring the merits of the question, which the Jury was now about to try, more shortly under their review, than by reading the libel itself, as it appeared in a Public Journal.— It was addressed, in the form of a letter, to the Edi. for of the West Briton, and was in substance as follows -: . . - - 1 ‘ SlR,—The fact which I ant about to communicate may. perhaps, appear more singular than important. although in times less calamitous then the present. the statement of any circum stave, illustrative of the Boroughatongering System, now uni versally execrated. must of itself excite an interest. it is some thing new in the history of this country that it :-hould possess an outlawed Judge. It might be called an instance unparalleled in the annals of Europe, if a case had not recently occurred nt Vienna, of a Magistrate and Minister of Justice bring sentenced to the punishment of sweeping the streets. A Gentleman of the name of Tumble was some time past removed from the office of Vice-Warden of the Stannary Court, in order to make room for Mr. R. Gurney. son of the Rev. R. Gurney, of Electioneering notoriety. This last Gentleman. not perfectly satisfied with two ena-iderable benefices, time reward of former services, on procuring this situation fur his son, obtained at the same time a promise, that the salary should he octupled, a promise which, to the honour of the patron, has not been fulfilled. Noon after th s promotion of Mr. Gurney the younger, is unfortunately happened that he was obliged to leave the county in which be had been appointed HP exercise judicial functions, and this ne cessity arose from pecuniary embarrassments. In conse quence of this absence, a petition was presented to the Lord Warden, c o mplaining of the neglect and delay of Justice, oc casioned by this conduct, and desiring the apponansent of a new Vice-Warden, but no notice was taken of this representation. After this statement, it may be matter of wonder that he should still retain his place and the fart can only be traced to the fa mous Horoughmongering Systeni,aod to political motives. Lord Yarmouth has lately purchased largelyinthelsorough offregony, wi.b a view of opposing the interest of the Earl of Darlington. tinder this protection Mr. Gamey found it convenient in go to the Continent, and was twice out lawed in the market places of Plymouth and Dock, which outlawry has not been reversed.— Instead of attending his Court, be was therefore obliged to secrete himself. Now, Sir, after this statement. no one can be at a toss to conjecture what are the motives which operate in retaining this man in a situation the duties of which he is enable to discharge. I forbear oceopying too large a portion of your valuable sad patriotic Paper, or I could mention many anecdotes showing bow Mr. It. Gurney and his son bare profited in the school of corruption. I shall only add, that be demanded vari ous sums of money from the suitors over and above the fees of Court, in the only two causes which heever decided-, viz. Lopes u. Doubtfrre, and Whitehair v. Webb.—l am. Sir, " AN ENEMY TO CORRUPTION." It was impossible, he apprehended, that • more in jorious or scandalous libel could be published against the character of any man. He should be able to prove the publication, not merely in the usual way, hut by means of a subsequent letter addressed to the Editor, in which the libellous matter was distinctly acknowledged. The brother of the Defendant had been Secretary to the Vice-Warden, and upon his information she had ventured to charge Mr. Gurney with bribery and corruption; and with the specific act of extorting 20 guineas from the parties in a cause which he refused to decide till the sum in ques tion was paid. The worst part of the libel it-still remained for him to state. It was contained in • subsequent letter, and must fill every well-regulated • aund with a sensation of disgust. The Defendant 'O - 7 - • .• } , 4 - .4'. , &might proper to instruct the- lidkiii . thwt Mr. Gurd icy had been outlawed, that - this osilaWry had not been reverend; ind that he was intipablo of bringing en action. He was Betty to see a lady of an ender , Standing Ind &lents so conepicenes in the situation of the present Defendant t hit he felt Mittel? bottrid to lay, (lilt no standertir had ever rimed I dor. deo& ly blow at the reputation and character of a Gentle- MP. The Defdiodibt, he unaetstood, *eta be her b*o adiocate, and wit. wolfish of rid ordinary ult derstending. lie tit' . to lament th it the did not make a better • use t:t l f;tll faculties with Odds Proo vidence het i been plea ) .to gift het; it was net Sod li r late to make atond p t; although that etnnentnat meat follow a terdia • folksy. He Would not di, tit with any peculiar emphasis opott the nature of 4 Newspaper pablicatlon; beCaute Ti. thotight such publications most helpottalit end benPficlal to totdety i bat he would state, that hi his opinion the serest mane of preserving thit invaluable blessing Was; the the freedom which k involved should not he abused: Mr. E.'lludd, the Editor of the fi r est Briton, *se then called, and deposed that the Defendant bid in conversation acknowtledged the original Iteterneot to be her own. He received it by the Post; bet had subsequently seen her, audits talking upon the sub. jest she bad admitted the former *rid,* to he bet own. It bad been submitted to him with t &acre. tionary power of altering or omitting such piXiages as be mien deem iiiat for plantation, andlin had accordingly made considerable alteration•: HE had certainly received a pledge from Captain Weoiridgei of the Navy, the brother.in.law of the Defendant, that no prosecution should be instituted for any let• ter, except that which was printed in the West Briton. The lady now rose, observing, that she stood there with reverence, but without fear. free► t in. deed, was the inseparable concomitant of guilt ; and of any offence in a morel view her conscience entire• ly acquitted her. She did not appear there person. ally from any feeling of presumption, but from bee inability to procure Counsel. That itsabtfltt wig caused by a debt due to her brother; whist the Plaid. tiff refused to pay, and her own disinclination to ed. croach on the coniforts of a widowed parent. She might be indiscreet, but she was ndt cense - lost of criminality. It was the first time chit she had evet entered a Court of Justice, and no person cnold entertain a deeper sense than herself of the excel lence of that enlightened system of jurisprudence which was established in this country. The Prime• tutor would, however, derive his chief advantage from her ignorance of the law, for sire coild treat take the plain and simple ground of denying 'the falsehood and malice charged in tire indictmetif.— With the permission of the C..ort she wduld COW read a passage from Lord Ellenborough's address le the Jury on the trial of William Cobhett. (lore the Lady read an extract from the reported speech of the Chief Justice, touching the licence of discussing the character and conduct of men in public offices.) The main point on which she rested her defehee was, that Mr. Gurney was a public officer, and that she, and every other subject, were entitled to examine his conduct in that capacity. She was fully prepared to prove the truth of every ttatetheat contained in tint published letter. Mr. Justice Butteouon- , —That the law of the lied does not allow you to do. The Defendant proceeded, expressing a hope that she might at least be allowed to prove that the pub& cation in question was no libel. The Jury, she trusted, would not be induced by any legal sophis• try, to sanction a principle equally adverse to religion and to morals--that truth could be a libel. It was the doctrine not of the law, bet of the abettors of tyranny, ever vigilant to enslave mane kind. Vengeance, not the vindication of character, was the unworthy and unmanly motive of the Pro. secutor. Had be been actuated by a better feeling, he would hive brought his action, in which as a law. yer he must have known, that evidence might be produced with regard to every fact stated in the peb. lication. Ile had, however, adopted the cowardly resource of indicting a female fur an act tending to a breach of the peace • he himself having, not long since, been sentence d to six months' imprisonment by the Court of King's Bench, for a positive breath , of the peace in horse.w hipping the present Solicitor. General. The statement which she had sent to the Editor of the Weal Briton referred wholly to the official and public conduct of the Prosecutor; and with great submission to the Court, she apprehended that the conduct of every person in a public station was open to public eaamination. This position, as she had before stated, she had the authority of Lord Ellenboroegh in maintaining. Mr. Justice BURlloocll.—Lord EllenbOrneghne , Ter could talk such nonsense, or assert that a man in a judicial office, may be charged with bribery and corruption by any person who thinks proper to publish such a statement to the world. I am sorry to see you transgressing the law at every step, from a false notion of moral right. Many Gentlemen at this Bar, would have been happy to assist you, and would, I tm sore, have advised a very different sort of defence. Miss Thom, continued, and begged leave to read a clause of the Act of the 32d of George the Third, by which the Jury, in a case of libel, are empowered to give a verdict on the whole matter, and on the general issue of guilty or not guilty. Mr. Justice BunßOUGH.—This Act was never con strued to enable • Defendant, upon an indictment, to justify by proving the troth of the libel. Miss Tucaea proceeded, and remarked, that the essence of the indictment consisted in the evil tenden cy of the publication. This tendency she was pre , pared to show was good, and would contend that re• sentment might nun without malice. The celebrated Mr. Locke bad quoted an expression from Sr. Pail to this effeet." Be ye angry, bet sin not." If the law of libel really was what she had heard it inter preted to be, a new system of ethics ought to be pre. fixed to it. No lawyer or legislator could intend to punish where there was no malicious motive or in. tensional provocation. The falsehood and malignity were all on the other side; and she hoped no legal sophistry would induce the Jury to Convict her of an offence where her object was meritorious. Mr. Yowler Buanotion then charged the Jury, expressing his decided opinien that the . poblication question was libelloos in the highest degree. The Jury retired of Not Git foruatim; a t halftthe e e uhdogeur, lodgings.an l e s Tereda verd i ct MI "Ar7^lt • c _ >._