The National Register. — London, England, 1819-11-21 00:00:00

LAW REPORTS. FATORDAT. Nov. 13. THE MATO v. MME CARLILE. Mr. Gurney.—My Lord. I wish to move, with the lease °false Court. that the rule which I obtained a few days back against Mrs. Carlile, should tie made absolute. Mrs. Carle is personally in attendance, and it in a attuation which might render it extremely ittconvement dear her to attend on any future day ; she is eery bar ad saneed in pregnan. The Lord Chief-Justice.—Mrs. Cathie is here to show cause. Mts. Carlile now rase, and presented herself to the notice of their.tirdships. The Lord-Chief-Justice—Do you wish to show cause Ito w against the rule which bat been obtained against you , for I apprise you that our time is very short, or do you ttish to do so on any future day? The I mat is deiirotia of consulting your personal convenience as tar as ca n be dome cciltutently with their other duties. Mrs. Carlile ,expressed a wish in an under tune, that she might he heard now. Mr. Mills, latetif Bristol, who had attended as the perannal friend of Mrs. Carlile, observed that that lady did not distinctly understand the line of conduct she was to puraue..ttihe had sonic paper ill her hand which she probably wished to have read. The LordtChief-Justice,-.-Let her speak to the officer. Mrs. Caddis banded several sheets of paper, folded in the form of a. brief, to Mr. Dealtry, the Clerk of the Crown-Office. The Lord-Chief-Justice.—Do you wish to have that paper read ? Mrs. Carlik nodded assent, and the Chief Justice said, that she might sit down while the paper was, reading. Mr. Dealtry then read the paper, which commenced. . as if it hail been intended that site should read it herself, being written in the first person. It stated, that a rule had been put into her hands,. by Richard Carlile. her husband, calling upon her to show cause why an information should not be exhibited against her Hr r name. howeyer a was not mentioned specifically ; and tber. fore she thought' khe rule, in point of legal strict. DUB, ought mat to be made alai lute. The Lord Chief Justice to Mr. Gurney.—llave you an affidavit of service ? Mr. Gurney—Yes, my Lord, of personal service upon he defendant. The Court intimated that this servace was au4iiciesit. In the paper which contained this objection, there . was a memorandum, dircctingMrs. Cathie, if this on iecti (((( should not avail, to turn over, and on the second '„sheet further arguments were stated, as grsitools to the Court for refusing to wake the ,rule absolute. The first was, that the ' trial which her hushand had 'published was a fail. awl' : Oltenia' account of the poet:rilings which had taken place uptin his trial, and that therelore she way perfectly justified in sending it forth to the world In siiiippit thi, proposition she cited the case of " Currie v. Walter,' in which it was held that the pub lication of a feir.reporttif what .occurred in a court of Justice was perfectly IrgaJ. Her husband's •tabject in reading Paine's" Age of Reason on his trial' was to show that lie had no immoral intention ; that in point of fact he hail not cons mined any offence against ' the laws Of his country. The cases of the " King and Willi:Mls," and of the " King and Daniel Isti,ac Eaton" had been published, and to tlie)x no exceptiims bad • been taken. She had always eist.ertaisoAl for tier hut hand the highest respect, and had every criiilidence that be would not direct her to do that whlch had an hum°- , rid tendency. She kid tow ; this, as upon every other occasion, uptir hii direction, and was unconscious of hating infringed any law which had for its object the well-being of society. Coon these grounds she ventured humbly to submit to society.. Court, that the rule obtained against her ought to be discharged Mr. Justice Best.—W hat is the titlepf the publication? Mr. Gurney.—" lrioc e rdiugs urn' tits Muck Trial of Richard Cathie. ' The Lord Chief Juo.iee.—A ud the publication con tains the same matter wiliest formed the subject of the indicunentP Mr. Gurney.—lt does my Lord. The first three num bers contained the whole of the fiist part Id" The Age of Reason." The defendant was indicted for selling thsi fur half a guinea r and now, fruits the plan that has been resuried to; the whole may be purchased for ts. 641. E ich of the Judges delivered his npinion separately, and concurred unanimously that the rule must be made el.solute—J ostler Best intimating at the same time tt t as . as the prosiciiiiiin originated solely on ',be part of Go- vernment, hum a wash to prevent the general eircula . t•un of tt orks so abhorrent to the feelings of every good ri.tittber of society, lie liad,no doubt un a proper 1110 . 1. CJIIOII tieing made accompanied by au assurance that the sale should not be persisted ip, the prosecution would be immediately . dropped. Rule made rhenium. Mrs. , Gable the') lett the Court, attended by her friends. Mannar, Nov. THE XING s. JAMES HOWDITCH AND JAMES SUTTON. 111. Ses vista Pall applied to the Court this morning, fir a tole to show cause, why a criminal information should hot be filed against the defendants. The grounds of his motion 'night be shortly stated s—A rile had been granted • by ti.ainosort, calling ors the prosecutris. Maria Glean, to show cause VA) a new Irish should not be lead in a case which h ad. lieu tried at Dm cloister, during the Si 1111 l tter Assistsof this?. year prrtiedisig The circumstances were el issamariorditiary statute, Nol.l bail created a verry gear rat interest. Ppun cause being shown, mote than 100 . 211idasits were Atrottlaced in support of and against the 'rule. The remsit was, that the Coast refused to disturb the verdict by which the &readmits in that cause load been cousicted of a conspiracy, 1'01661y to carry off a young lady (aits. Glenn,) in older to marry her, she being no hears., to use of ti n n isi s . Th is case ha d sulfur in nately produced a strong so soottion It Taunton. where • hams Gleuit resoled, under the ptotectiva of her sack. jt happened, however, that bills of isalielinsset were fooonsl it the Old Bailey, ou the 20th Sept. last, against Mlsk: THE NATIONAL REGISTER. Glenn, and a servant named Mary Whitby, fur perjury committed in affidavits presented to the Conti upon a motion for discharging the role as to a new trial. his affidavit stated, that a hand-bill had been pi betted at ilia instance of Bow ditch; that a thousand copies had been strurk tiff, and that the oilier defendant Itail been employ ed to distribute and post them op in the tow u of Taunton. Miss Glenn could root. in ousisequormeof I!.is act, walk through a sited of that town without tittdiol. , ' Ihe.. cards before her eyes. The Court would ju dge of a that most be her state of mind in these circuit's illllcrs The hand-bill was as follows: " Fate of Aliss GIPIIII 911111 her arroinplice—Trite bills against them have been returned by tbe Grand Jury, at the ()Id Bailey, for nitro' and cot rupt perjury in the in limionsi pi osectition lately instil iti at against t hcl%owdit chars. This result atiiiids a convincing pi oofol the freer hely, ct nelty, and villainy employed against those iinforitinate indivichials. of the Miscue's, and inhumanity lilt which they are now ►uffettug in prison.' Such a publication nem, as he conceived, to bring even the decision of that Court into disrepute. Lorvi Chiel=Jta•uce.—Yon hate yeti/linty stated enough to entitle you to a rule to .bow cause. Till KING V. VIII 1.. Mr. Marryat played elm judenteeet.of the Court on the defendant (a physician of extensive practice residing at Sudbury, in Suffolk,) who had Men c one tried at the last assizes of all assault upon a gentleman named Deakin. Judgmant on the trial leaving beets stiffeieel to go by de• fault, of wen now pi esented reciting all the facts of the case. appeared that the assault was committed in the open streets, and on a emarkei.day, in the town of Sudbury, on the Itith of Feb. last. The pastors *dad about six weeks previously, dined at the house of a commote fsientl,, in company with other pet suns; and on this occasion something was said by the prosecutor_ reboot up. star ts, which the defendant appropriated to laimaell• 1 he denudate,. Rualioning still to pot the same materiel e lation on the offensive expression,. and concet.ving it to have been intended for hint, employed a friend to permute an explanation. Before this could be obtained, he hap pened to meet the prosecutor, and • hiately demanded an apology. Here eying no answer from the prosecutor who to Ind from him, lie thrust his 11411t1 in his face ano pulled i r im by the nose. he usher vat i) restricted this in sult thy I blow with a stick, blot being see y inferior to his *tempo 8 .111 in bodily size Situ pets et/gib, he received some ;:.evere ill itijin les in the. cool:eel which ensiled. It was sworn also, that previous to,the first insult, the defendant had desired bestial otheg. persons to sec what he was about to dee, and that he after" tads called to the prose cutor, and exclanned, ".Itemember, Sir, I have polled you by the nose.'‘ The. prosecutor, irritated by this at tempt to elf-grade Win, sent a challenge to the defendant on the following day ; which he, after consultation wills lets friends, tlec•ined accepting. A bill of indictment agaiii•t hunt was then prefetreel, subseque oily to which he, on meeting the,serosecutor, had 'colluded him by sig. nificeat gestures, of the insult a hicb.be had ale cady put upon him. These bring the important facts recorded in the affidavits for the ,provecu ion, Sir L. Maciease appeared this do, receive the sentence of the Court. Man) athttavit, madame testinicniuls in his character ram owaw of the leading pCl'sl3llb in the cuunt, were put iu aid read. Mr. Marrytit and Mr. Gurney then addressed the Court in aggrava of punishment, and Mr. Pullot kin motigation. Mr. Justice Holcoy d, lifter the Court had delibernted Rome time, pronounced its jyalgnscut. He remarked, that although the doiendant had done tight in refusing to accept a chal lenge to fight a dial, shut challtnge had been provoked by hi( us( io violation of the law. It was difficult, also, to be lieve, that he had out contemplated the moult ' a hen he Ad freed booth an ind posyto the prosecutor. His rank and eduetio son ought to hove taught I ' he necessitrof curbing his pantos: c, and of refrniniug Pomo (outrages ut this dese ip lion. These were considered a hick influenced the Court ,tu add to the severity of the punishment which they acre Balled upon to award. It did therefore and attjudge, that he somuld pay a fine to sha King of 20j1., and be sin imprisoned till such fine be paid. INIDICTMNNT FOR ■COITION AND BLASPUICPAY. On the motion of Mr. Welton, Joseph Manion was had up to plendio an indictment charging him with horn ingly, end waist lously publishing a teller' haze, scanda. iris, and seditious libel, tenclirc to tiring one brallCil of the Le,islattire tido cunlrmpt ; Mite In a libellee, a deck Ai 1 10 11 tAr Mweistretes of Muutheater, end lihewive for .41 snailr liheqehe attack, on the Yeomanry Cavalry of Cheshile and . Mancliesier. The in. 111.; went was then read Ly the clerk. It was very Tung. and mustard several c ts. ice could not cohect the name of the work or pamphlet in which the alleged libel smuts coutained2 but we understood it to be an address to the people of Manchester, who lead met together on the !nth of August. It was published uis the gist of September, at liirusiiighant. In one e t the de fendant was charged with exciting his '.ll,jesty's liege subjects to no unlawful ineetiliA at Nlasichester. The address talked let the murders alleged to have been committed at Munches tea, and advised the people to have another meetiug as mom as possible after the assizes for the county ; to choose a more convenient spot than the field of Pries 100, %hese they bad met before; and inorder to defend them selves freon violence. to come with anus its their hands.— ln roma which charged the defendant with a libellous at tack on t he ll ouse of C s. there was one passage a Melt al In ileser ibilig the ;louse of Commons as is con apt body, Ac. dime ;was a passage to this edict, "If toe louse of Commons is melt a house, then lel vs boast of hi lug cialispita• tors, and fairly avow that our object is to subvert that house, and to erect it into a }louse uf Represeutatins of the people. ' &e. The Clerk, by order of the Lord Chief Justice, went on with the reading of the indictment. " L know of no publi cation which has ever coma' under my view, that tends to degrade and demoralize magi than that book," (mtureing the Old Testament). In another coma, . tie Alfendant was charged with it gfus. and malicious attack vu the Clii alma One passage of this coma was nearly to this etre. "as the grand jury have Mated at the extinction of magma, it may out lie now premature to say a word upon the soldert, and I fur one have nn hesitation to 45be110k,„ !hut ultkulily would increase in a ratio proportionate to the divesture of religioo" (meaning amongst others the Christian religio; .• far every species o f Fe l l , ton " (meaning ainungst othem t hut of CM istiaint) )*s a grans fraud, 'lrani% if by base and designing men, on the credulity of mankind, and obliged to hr upheld b) force whenever it to attacked by reasw.."— _NOV. There were several otber counts in the indictment, but vur). ing only in technical points. As soon as the clerk ikaa concluded, Mr. W A LTO x moved that the sitleatil..o be committed. Defendaut was asked is teeth. rheu a. recut ill plead. it was now intimate.' to the Court, that the defendant was to he brought up for judgment, in the course of the term, for a hick Tlie LORD CI►IKP JUSTICE 101 l 'lie dereMinnt, that he might stand out upon his former bail till then, and that um C omwg up, hi 3 hail to the present charge might he at rang. d. NA NCIIEbTEIt M AGISTR Mr. DEng N moved fora rule 5., show cause why a cri in 'nal information should nut i,sue aigaitt3t John Ai dim florrao, hsq, one of the Jttaticn of the ace in 14114 Gr the cumin) palatine of Losmastcr, fur havi..g fur sear, fn. sou., or affect )))))) vvflisca to Iwar and examioe certain wit sea, tendered to loins to l ove 4w.iiiesice ltsUellolig and eun rerniog n certain foloii3, ailegeu lo.hase beew et, 111111 l within the said count. of Lu, fa,lrf ; and fur busing n•fused or (Cu to g. alit a nal - sant fur t..e of the person so Own and there barbed with such frlmiy 41, .101Iretia , The Lout, 111E1 , Ju ST ICE . uuggented to Alt. Denman, wbeth, it ould nut be better to dcla . l it until to noniron, a hen the t nurt would he full ( r. ice uu, le, was then tabniti ). .If, hoot escr, it as ./51) iisconveniekce It, delay it till. lien, the Lout t were then r, ady to he .r ti. 1)1:4 bi A Said, it %lOUld be 111.111 C 1111 l but p• T. IlapS it m gIiI ISOt be cuurvuiel.t to the t nwt to bear the 11111110 is, its the bp...cial puller siimud fur to- 11111 l ro%• The i.ourt uau Jliiil;l4.l . led illielltioll Mit 11) •gu through the . :Treed! pap.. lu-aii.lrcu FICI'I nous BA IL. The SoLiciToit-GEnBR•L waved for a rule to show cause is 4.- Richard Smith, iin attouie. of the Gault, should tun he called apon 10 line% el' hit mat lets contained in the ntlidavits of which he .itould st ate the paiticulxis. This 0000 800 origin:Ord is all lictluti Coliiinent gig at N ham, in which a i.ersuti of the name of Drveiel and ut tiers .ivereplaintiOii, and a ityrson of the name of 1311$1i Hilt, and afterwards removed by ceitiurari iuW the filug's Beach. Bail was put in in the names of Ann Aso), ---. Rowe, and .101111 W heath". Il with opposed oa the ground that Wheatley was a clerk to Stalin, the delendaries attor ney. An affidavit an, then exhibited, dt.U) nig that Wheat. ley was clerk to smith, and toi,i that hr was a lace ker, resident in the town of !Somalian'. This affidavit purpui led to be SW urn to by San 6 and others. He (the Solicitor-General) wat now furuishrd wit,, an affidavit, deposed to by VI heatley himself, setting forth that he had lint been in N Whitton' at the time rte bad was.buptio•ed to te given there, but alawat on business for •Sinith ; and that he was not a lace-maker, but a clerk to Smith. The LORD J v;i - teu.— YOU bAy that Smith self joined in the alfithivit whith represented Wheatley to be n lace-maker, awl out his clerk The SO LICITOR-Gc% RRA L.—Yes, my Lord. The LORD CD lER Jusrice.—The wit, doubt we enter. tain is, whether your ni.dimi is rightly rimmed. Your nth davits accuse the man of a crime, nail %mu. cull no. nun In answer them—that I- to say, wnerlies he is godly or not guilty of a crime. YOU should have moved for a rule to snow cause by he shook, list he smirk nil the roll of at tunnies. The SOLICITOR ORNERA L said, he had intended to follow it up by a motion of that kind, but world be guided by their Lordships' opinion. —The Jule wits then laketrin the form uggested by the Court. TursnAg Nov. 16. vie XING V. cattLis.E• The Attorney-Genera! prayed the lodgment of die Court on the defendant, Richard Carafe, who had beer convicted of a blasphemous polslioat4ni at the last Air; Prim sittings in the city of London. An affidavit Vf p"i in Irlative to the nuatbet and price of the copies which had been sold. The Lord ClitefJustice read his notes. of the trial, its which he cautioin.ly abstained from repeating the blasphe mous twitter contain. din the libel. Mr.l3viiinatt then rose and observed, thatit was not his object in cow addressing the Court, to oiler any Ming in the way of extenuating that °Glue of which the deleu. dant had been convicted, sir fur the purpose of mitipthq mat poui , liment *lnch the Court might think proper to Ilis motion uu this occasion should be in attest of judgment. The learned Counsel mainly rested his motion on the ground that as there was a specific statute fur the punish ment of blasphemy, the defendant ought to have been tried tinder that statute, and nut as for an offence at eons moirlais , brit The Lord Chief Justice immediately prononneed lus oppoott.. -that the NI a !,tt ref.. rred to did not take au ay the common law. , Its title WAS, " for the more elteettml pie venting of blasphemy," His Lordshin here lead the art, and observed that it specified peculiar ilittabdities, seve ral cl were .of vet) , considerable "evenly. The general rule Was, that no misdemeanor, at common law, could be repeated, except by the clear intention and ex. press words of the Legishetnte, in which the other 'Mee Judges entirely concur' ed. "I.ltalue el Chief Just ire then read his notes of the seeond trial, for publishing " Paletter's Principles of Nature . ' I alter which The ° fiefroc:ant rose, and began by observing, that be had little to offer in rifit4gat . f poolsl nt, but would make some rensarka to show why no pinsishineut should e inflicted ins him. He should, however, 'nuke no refer e ure to the books which had been the subject of this pro secution-- 7 a prosecution wisi:lt would law:atter be consi dered as unwarrantable, but which, Irons its good effects ;you the . ratite country, wonliksldl be viewed ass rOttnliale occurretive. it had excited A spirit of ice dis cussion, and called the reasoning powers of omen into vise. it nook] hereafter be regarded As casting a stain and blot vu those tribunals Leto' e which it had beta Ca uducted, Mr. Cathie proceeded at great length, denying the right to pinkish hint toi ills opirriois on sot h a subject, and It•praltog Ilvise offensive observations on the :scriptures which he indulged iii during his trial, and which, as we felt it on' duty to society to supineso au the hist iitstanrer we shah nut slow ref:old. After he had concluded the Attorney-General and Mr (isnot y spoke a aggravation of punishment. Their Lordsoips then es. osuiled together for a short time, after which Mr. Justice BAVI.TY. addressing the dekndant, observssl. that it was now hit painful duty to pass nisch hint the NOV nce u t 844