The Statesman. — London, England, 1819-01-18 00:00:00

tiff had made any communication on that effoct to him, the wits objected to by Mr. Soarlett, se the Kr. , ood that the ss iisiess acted in confidence as his so !triter ; the Lerrrosed Counsel, botiever, was willbg to wave the. objection. The witness proceeded.—There was • ease Awned for the rpi • of the twelve Jodges, as to tbe gent insocessre of certain individuals, soil epos that occasion the requested the Solicitor for these psionsers tes.employ Cosa**, to defend them. There was no impaction upon him. It Well lie* he had Item treethrer for • abseriptien which hod been en. toted in.'s for the purpose of reneging the prisoners - during their confinement ; but olustear sotpicion might 1* enterlathed against him sat that accosts', oitsiea hail no Hopkins of his beteg either engaged himself or connected with any treasonable practices. Wane.; was himself a member of the Pitt Clots as Nottifighaus, and of ministerial principles; cont.. fluently, the Plaintiff would not have employed him, should ronceite, if tainted with treasonable prat. ticee. It was by Antitheses advice he went to de. wind of the Magistrates the theses hisessose had been forcibly entered. John Holmes (ezemined by Mr. Dasowatt).—Wit. OM is s lace-maker at N.otiogharn; he knew Oliver there in June, 1817; witness was apprehended and lent to Cold.bath• fields prison ; Ward, the Plaintiff. We. ill prison at Nottingham at the same time as wit. end be ova him ironed to a with of the 'him, of Haynes, when they were all brought to Colt. bah-fields prison together. Willis n Cline gate evidence to the Well effect, and added, that lie last the Plaintiff, after remain. ing in Cold.bath.fields prison 'boot a week, were taken together to Oxford Castle. sod thole kept in close confinement till the 13th of November, 1817. (Mt. bensnin was proceeding with the esausintrion of this witness, as to the manner of their confine ment, on which Mr. Carney ruse and objected to the qoestions as irrelevant to the case before the Court ; anti the Cocci being of the WIMP opinion, antrum, aaaa tion, the witness was ordered to stand down.) George Goodger is depoty publisher of the Ob server. The isle of this paper is very great. it. solo un Sands', the oth of November, 1817, was 10,850, and the Monday edition lOW, esclesste of the owstamprd ones, of which he knew nothing. Ile could not from any idea how many were sent not on. stamped, they not hating passed Arose his hands. The Mood., ('bserrer had twice, when public in urest was rallied, after the regular publication, poh lished an additional impression upon onstemperl sheets, with a blank leaf, in the way of the one rendered. It o tiost Webster (essmined by by Mr. Dessistr.) .—Witness it a l.lter.cartier at Derby. On Maley. the 10th of November, 1817, he received a great geasstity of the Observer N e wspapers. They were delivered to him by Mrs. Eaton, the wife of the jailer at Derby, who desired him to distribute them gratuitously; and she gave him a shilling for in dolt*. He delivered them to the Lawyers, the Dodoes, and the Gentlemen of the sows. Thomas Conk is a letter.earrier at Leicester. lie received a quantity of Moods, Observes in No vember, 1817; he thought as many a. ton /P. P •ih I,ii lerrts • STAI 1 , 1414 V 4 . . attired them it the , st.olTice ii i, iis thought it was not usual to receive them that way. i not to :assume that merely upon the statement of bit He was sluiced to distribute limn gratuitously, and Learned Friend. who had also said that the Plaintiff accordingly he did so—souse of them in the town, and was deprived of the means of seeking redress, is others he gave to the pommy carriers, to take into consequence of the passing of an Act of Indemnity. the country. There was somber letter-carrier at It was tree that the Legislature had passed an Act Leicester, and he also receised the like quantity of of Indemnity : and amongst other reasons assigned Monday Obserrers to distribute in the same say. I for that uneasere, were, first, because it was nolo- Witness received two or three shillings at the Post- 'Joao that a I ble conspiracy bad existed in the o'lce for his trouble. country ; and nest, that it would not be lit or proper This closed the evidence for the Plaintiff. The that the lives of these whn had Oen informs alleged printed libel 1141 then road by the Clerk, and of such conspiracy, should be pet in hazard from compared with it (ss set forth in the record). the malice of their enemies, should their names Mr. ADULPUUI took several objections on account be given ep. But these considetations bad nothing of inaccuracy, bet they were over-ruled by the Court. whatever to do with the question now before Mr. Guaxge then rose to a ddress the Jury in dy. the Court, which simply and solely was—What fence, appasently !shouting under severe indisposi• injury the Plaintiff had sestained from the Defendant ? sion. Ile requested their indulgent attention to ili. i This was the single question for the consideration of few observations be had to oiler o r, behalf o f the De. t the Jury, and that was to be ascertained by discover. fondant, whirls, however, must be mule under the elk- ing, as well as tl:ey could, in what the injury con ed,. ,lace of severe indisposition and fatigue, which skied. Did they believe that the Plaintiff had sea. had completely overpowered him, sod really rms• twined any injury from this publication 1 Dal they demi him very unlit for the task he had undertaken. belies' that those who thought ill of him Ingots., De heartily concurred in the oh lion of his I would think the worse of him for the seticle which toasts d Friend, that political feeling ought not to appeared in the Obserrer ? lb I they believe that ester into discussions at the bar ; et the same time! those who thought well of him before, would think be could not help observing that his learned Friend's I the womb* of Mal by reading the supposed libel 1 pra::tice, in the winner of conducting this cause, little —lf they slid not, why then w hat injury could arca:dell with his professions. His Learned Friend i this Plaintiff have sustained, which would entitle could not truly say that politics hail not been oiled I him to call upon the Jory for any amount of &s -up in the statement of his Client's case, If any per- I mars agsint the Defendant ? Bet there was one gin gen had only heard three-foorths or foisr.tifths of his gle feature in this case which would at once decide Learned Friend's very eloquent speech, he must have! the point for their consideratints. The Plaintiff stated imagined that this was not an action against Mr.! in his declaration that be bad deservedly acquired the Clement, the Proprietor of the °tonere,. Newspaper,' good opinion of all his fellow-subjects, and that for bet an action against the Secretary of Slate, for ills- 1 the purpose of bringing bias into public stands!, in gr,ily imprisoning and cruelly oppressing the Plain- I famy. . and disgrace, the libel its question was pub tiff. In truth, be (Mr. Gamey) believed that the i fished; and it concluded by alleging that slivers statement which his Learned Friend was instruct- !of his neighbours had thou/Ist the worst of him ed in make, was much more the object of this on that *cermet. If this were the ease, why did astion, than any domages which the Plaintiff he not bring his action amongst his neighbours ? cowl', affect to have sesteinad, or could bops, in i Why did he, who lived in Nottingham, and who to ld get at the hands of the Defendant. It wie l d. to the Jury that be had lost the good opini o n a nd hi g h be sure. he extremely bard if the Plaintiff could not ! estimation of all his neighbours, in consequence of give himself the most 'atelier)t of all characters ; and t this publication, try this case, where his character it was to he recollected, that the character which his . and conduct were bolt known, amongst those neigh- Learned Friend had given the Plaintiff was the chit.; bears shore estimation he bad lost by mein, of this ratter which the latter had chosen to give of himself,' libel? Ile (Mr. Gentry) must say that the con for his Learned Friend, he believed, knew as little! duct of the Plaintiff, in bringing his action 12.0 miles of Freuk Ward as he did of any ether man whom he ! from Nottingham, in a place where he was utterly had neter seen before. Therefore. what his Learned onknnwn, was the clearest and most decisive proof Friend had kiescr , bed as Ilse Plaintiff's original coarse that los bad suffered no damage whatever. Nothi n g 1 of life and con , !:tet, was only onsformable to his ass more clear than that a man who complained of Client's instructions ; and he (Mr. Gurney) would 1 being injured in the estimation of his neighbours, repeat, that it was extremely hard if such a pervein end bad, in fact, suffered that injury , w ou l d brin g cool., unt give himself the best of characters. His i his action among those neighbours, instead of waiting Learnr,l Friend, however, in she course of his ad- fur a considerable length Of time, and then bring it dress, had let out some things that were rather ex. 1 before a Jury by whom he was unknown ; when in tranrilinary—toma things a little inconsistent with' fact be might have tried his cogent Nottingham, either what every man knew as matter of history.—VOMP lin March or July last. Soch conduct on the pad of IbiliAll which would excite in One's mind ft suspicion I the Plaintiff was decisive judgment against himself. that the Plaintiff really could not have sustained any Admitting, however, that the Plaintiff was entitled Huy from this publication. His Learned Friend ,to a verdict, the only remaining question was, the would rapresent in the Jury, that the shocking not. 1 amount of damages he was entitled to receive. The tetra which wore committed in the neighbourhood of . Defendant was undoubtedly liable tog verdict egainst Notti , t hem, which called for the loterferenee of the i himself. His Learned Friend admitted that the Ob. Legislature, and which produced in that &stoic: a I strrcr was one of the most respecteble Public Jour_ alga of tam, sot ualike that 'kick pregailed dur- : flak, and reelected credit generally upon its coo. in appeal is made tre their deci s ion fr o m ilia log the French Revolution, arose from the 0/spree- doctors. It should he reeollected that the Defendantarbeuey'r sion and cruelty of lbe masters towards their Our* , mos the ProPrielor of tie Paper, and not the ..char attacks of ealumny4ha *sok. In darkness, or the neyvato ; and that Mr. Ward. gecolletting that he of the article, which was given to' him by a person .easel/' o f sr ', r osy poser 10 3 bold to ha had oar. himself Mimi poor journeyman, woeful Not who assured him that it was well foun ded. 1 lus- di ,, 0,;, ,, t. th , , ;.i . t rial the I I sintiff challen g ed a il treat thou. persons in the isppeenive and eatortionate peered. however, that he bad been minis!• rmed lit enquiry into his obstacles soil conduct ; and though m its which they bad beets treated by other that respect ; and certainly he (Nlr. Gurney) dot not masters Re (Mr. Gurney) believed he might take stand there to assert its trails. The Drfonillest hail his case had been selected hy Lord CAsTLEReACU, it es matter of history that this representation of his' pat we jaelifiestion on the record. and therefsoi he on the motion of Lord F(11.14E-goat for en enquiry !warned Friend was not quite true; bat whatever was l had not aggravated the 'opposed c e a se of offessce.— i n t o th e Peti.ions of the sufferers under the Suspension the cause of those disturbances, it was as foreign In . Th e Jury s h ou ld re c o llect that the amount of /tamales Act, as the stronceat his Lordship could find oat for the matter before the Jory as to any other cease tried' which they should give most be soes.ured by the reiusiog enquiry, though the g uilt of FRANCIS WAttu daring the Sittings, or which remained to be amoont of the injury ; and be who dill not bring his Iwas represented by the Secretary in detail as so tried. Bit Leveed Friend. however. who dig- action, and try his case, where he affected in have claimed all ides of introducing any political dis- received the injury, and where the injury coold to. at rocioos and so glaring as to be sufficient to prevent cessions, thought ptoper to pursue this subject ; heat estimated, gave the strongest judgment against the Boos. from Wring is...voted by the reenonstrahem bat he (Mr. Carney) was not disposed to follow his hi m self th a t th e injury had been little or nom t that might he wade by Fan, or by any of the iadivi. Learned Friend in these discussions. Ile was not' The CHIEF Josricc, in charging the J•ry, .1.41, set al- -sid to have confederated with him in crimes that here to consider the wisdom of the law passed on that no man could doubt that the matter coistained in the threcroest the Starr, —though the Libel spinet hie occasion; be was merely to asei-t in the admioistres. I surged libel was calculated to injure the clier.cter of lion of the law ; bound, as he was. to take for panted : the Plviroitr, and as no attempt had born waste to cis liar. , r sr it Fn connected with circumstances as that the Legislate', acted under lb. wisest considers- I justify ii, the necessary fliii‘Nitenre ‘ , 4 1 , II." it mt.', it probsbie that it woes-soled hom lessees of no ti " . : and that if they were compelled, at any lime. n50.11.4. taken to he mot or. Several took; hail Brun mean real: or if finemre, and an constricted as to to alter the laws of the land, so all for a Aar! lime ; a d.lrearesl isi the Jun. on the one srir told on the coistsin as sir. Sr 5140 Tr remarked, a " viodication I to abridge the 'liberty of the subject, they did et) other. which, in his Lord-I Vs humble .H 14 1 ,10 1 0. , ' I Li, i at Goveromrist, and might root for a Gesternment upon sufficient grounds to justify such • proceeding. could in no way be insolied iii It i. c•-o. ll° ( %I f • Garnet) would yield to no emir, not even ' Gouge hail loathing to do with the policy or impolicy i massifesto ;"—in a word. 'Novel this man had been to his Learned Friend, in his attachment to the Con- i of the Legislature iii suspending the habeas C° l ; . " : described as advancing iss sedirieb till he became Militias' of his country—has would not yield to his A c t ; o h o se e r the long detail of m atter r aulait ' eti 1 vested in commend, and was neutrally about to pew- Learned Friend in his reverence for the Habeas . i n t h e l i b e l was true or s w um h a d ' wh i s t / to do reed . to i,, tesson ' by storming the barracks of his Collies Act, which bad bees celled the palladi om of with the q uestion which the Jur y had to tin) English liberty. Ile reputed every other part of the only considerati o n being t he dama g e which Niajost's troops: let. slier all this enormi t y of the Gonstitotion of his country to.. highly to be dig- • the Plaintiff Wed sestainerl by having his ore , guilt was charged upon him, and all the hors*, posrd to go with his Learned Friend the length of ' coupled with the disgra-rful and highly criminal effect designed bad been produced by this charge. saying, that if the Habeas Corpus Act should eels detailed i n the libel. It appeased that this slate- I o h n he appeared, on Saterstay, in open Court, aid ever be suspended, every British subject would • men. was published at a time when the l'lsintilf was a fair opportunity of proof was afforded and dr at once be placed in the condition of a Rossini' in confinement upon charges for which he was like mended, not the least shadow ..f evidence was offend pe.•sot. God forbid that that should be the con-. ly to he brought to trial ; end certainly such a /midi chianti of the People of this country, if such 'MO the ration was calculated t o prejudice the minds of those in support of any of these heinous allegations on the case; for then the country would be in the most ,by whom he would probably have been tried, lied the part of his Majesty's Ministers, by whom the Plaint* dreadful state. But if the Legislature should think' proceedings goose further. Nothing was more ins- had been charged and persecuted as • State crimied proper to suspend that Act, so far as regordoll Ire.. , proper than publicotions tending to prejudice t h e of the most dreadful and desperate character, *id sonable practices. he (Mr. Gurney) begged leave to I o ases o f pietism' merely committed on ausoicion of not the least attempt was made by the Defied= stele, that the c ondition of the subjects of this coon - I offences, because no th i n g was more likel y to affect try eras infinitely removed from that which his L earned I the interes t s of p ublic justice. It had been very pro. the Friend had described. The greatest part of his; petty observed upon, thst the Plaintiff had declined of the Plaintiff's statement. or throw the Riatehetoth. Learned Friend's speech was addressed to this Points Ito bring his action at Nottingham , where his chew- picinn en Lis inoorence. The Public will , l ievelom i , ti mely, that Mr. Ward, who, when he ceased t o be ter might be supposed tube best known; and the Jury consider this trial not metely se between the iimi I sure of theapprobation, and ceased to bec ome throb- would take that ciicems . assce into consideration in vid• il w hore name appears at the head of theism,. ject of confidence a ith one set of p e rs ons ( who those I estimating the destines, and in doing so they would het as between the co the 'Habeas Corpus Act hag untry and the Ministers as le were it was easy to judge), had become an ob j ect of , micas, that temper sad diserellosi which the doe ad (tiniest and suspicion with all ...that Mr. Ward was I minissration of justice required. the grounds en shirts arreeted.—that he was arrested under a charge of 1 I 'rb. Jury retired for about half an hoar, and re- been suspended. In ti is point of view, at treasonable practices, and confined from the 10th of turned • verdict fur the Plaintiff—Damages, Six thi s ii the most proper view in which tit Juno until the 13th of Nov.; and that every passible' n an d r ,d Pounds. consider it, it is a fair appeal to the judgment of the attempt was made to excite unfevourable feelings re specting him. Bet surely, if Mr. %Vatd's !orison- IMPERIAL PARLIAMENT. country on this most vital question ; and the &cl— ew were the act of the Elecotive Authority, and if non that Las been the result is of the highest is. .....-- the Defendant were ignorant of the object of ii, not portant lt exemplifies the very shallow, false, Miller. isr t OMMOSS, JAN. IS. one word said upon this subject could be applicable .r Int to the ,es 'it u. mg pretences on which the protection The SPEAKER took the Chair seer 1. d • s 't• of to the cage against Mr. Clement, who could kite , . notice begs*. sestorday, and proceeded to call Over I Law was in that institute removed from Ilse People at notl•ine to do with the Plaintiff's imprisonment. If I the Defendant had nothing to do with that act (jag- I t h e names of the Members by Counties, in nrJer to I large, and fuss Irises very strove presumptive evidence sworn. A sionthee attended, delivered in tillable or not), sorely the introduction of each a I t he i r beige that if the indiaidoels who hed 'offered under the %s— -tyle could only be for the purpose of eliciting an ' their . 1 "ili" 11° " 1 at tba tables and took the oaths pension Act bad p sod the power of appeal in /Its . h . land their seats. undue impression against him, and of making him was end at th e time which the law, in its moat answerable for the conduct of other persons. Ms ! • modes of operatien allows, their innocence would ',ensiled Friend had stated, list the Plaintiff had I have been speedily been ground down end opp vvvv v d . The Jur y were nudes clear, their sufferings would not have been protracted to the crowd lonia TRIUMPH or It'ltkNE WARD. TO MOUROW, Jan. 19, • DINNEII. titOWN and Aft Mt/It TA VLI:N. 134• Finer al Mr .'!:OWN and _ air:mi. al Ilse ..13..•4., for d.r worm.. •.4 se:Alta/int e to ethic'. 'heir persecutors had extended tearov Tltll %it'll of Tilt. 111 mod JU•sI'ICI. oorer CALL , SI Y I the wise and gJod of evesy rook sod 'set parte,' nod OPPRESSION. Yalu..., to rata, in b sad at the Bur of the 'ravens ; ood of most have been convinced of the weakties of A. T. J. Woods, 51. sad 4. fma.t.”4.--I.em. %wird ; foundotiono on which such cruel measures d bean of T. enhaar. 810. lone -tree,. t T. 110 3', <„ long and an wantonly pursued. war.o.io,tiret ; Llo. IL taw .n. t: pi. , r 11. )-41. ism or IWe cannot fail to advert to a circomstan which • transpired in it., coarse of the evidence, avid Bich is !well deserting of attention. Many of to e p ! which the tihel tried was printed, it spires were Iwithout stamps, and on that account grit oas'y distributed by the agents of Government.— This shorts tie favour with which papers th it advocate tLerato.e of Government are regarded by those w ho vise in earlusire possession of the channels of it ansusissioll f and who have all other exemptions to gra st and psh Ores to bestow. We may verily believe, that nu such favour was, or would beet been vorchs ?fed to the means of vindicating the character of th.s injured man, or his fellow.suffeters. To whose sc.:mint the 'spente of circulating these boodles of calumny was placed, we may well tonjectore. . _ TO COlt ESPoN In; NTS, Mr. 11)nuov's sintentrtel in reply 10 certain parts of Mr. I 1.1FA1111 . 11 Leiter, has been received, and Ain appear To- rlfirrOW. 1.4.1 . 1RC1L4i. Re. 86 4 008 84 passible. Pllleli 1W STOCKS THIS 1/ 1 11( A r ONE II'CI.IICK . Itant Sunk 1 S per Crot %Ayr l•tri 1 per Cent. re4.7Ri holm 11.4 As Ali Si p I per ( • .'nl. roo.ol. ;Ai I Lour Agin Y :OA 11oper I'enl. FS . lischerpser 1110. 19 SO p 1 etspol. for Arr. itli 1 Osmium 1 1 1 p 1 or , Cent. 97 T fl STATESMAN. 1.0 A' DU N : MONDAY. JANUARY 18, 1819. •r' no The Readers of the STATES3IAN cannot be igno rant of the case of h'e•Ncis WARO, a master lace me nefaetwrer of Nottingham, who was arrested en der the Suspension of the Habeas Corpus Act, and made to suffer all the persecutions of the moat malig nant calumny in addition to the privations of liberty and property, and to the horrors and severities of a long imprisonment. The details which we, from time to time, presented to the Pehlic, must, in the judg ment of every Impartial person, have vindicated the character of that persecuted man ■s well es of the other unfortenste individuals who 11..1 sestained the oppressions of the iron hand of power, and who, like him, had at last been liberat►d without a trial, and cast into the world in a state of ruin and without redress. lint the recompense which their great State Persecutors bad withheld, and the justice which they refused, and were intirm nified for having violated, base at length, in an instance where • London N►wspaper bad be. come the instrument of their base but unofficial calumniators, been rentlerra to the injured FnAncis WARD, by an honest English Jury. The whole proceedings in th*.s Me of WAND versus CLEMENT. (the Proprietor of the Obserrer,) which us. tti•tt on Saturday in the Court of King's Bench, w ill how be wail with lively interest ; and the verdict, which we were happy we bad to announce, and were the only Journalists that announced it that day, I 'affords fresh ground of visitation to the friends rhuntassity, •nd fresh evid►nce of the prevailing I spirit of justice end independence in the bressts of , of our enlightenrd And impartial folio A •cr rym The Paris rapers to the 14th inst. have it itched el since our lest. The lice Per Cents. left oboe Timed', at C. 61.70 e. The recompense proposed for the Duke of Mutt:- LIEU% 10PI5ICIPS, is 0 Wifti Ord, or entailed est ste, inse parably anneted In the title, yielding a yenr•.y tent of 50,000 f. to by 'elected by his Majesty fry ms the do. maims assigned fur the rrpport of the Civil I ast. The Project for commencing, its future, the fin- &tie! year on the Ist of Jul), contains a clause for ih.ntinaing the collection of the teats au their mese. at foisting, until the Ist of July, 1820; and another, providing that there shill be a SursOementary Tote of Credit and a Supplementary Budget props. sed i a the pre sent Session for the sie months to be added to the Budget for 1819. This hatter l' roject was introduced by the Minister of Finance , who en deavoured to ,how that the arisngenter t prypose , ', t h nui t s ap p 3reu t!y at •srittico with the, susisiois of the Chmster, wi joineil the ant: mat irniinst of a. taloa, lilts no inconsistent wish • he sod: of that instrument ; mit! that it,at the same r ime,sec.-re.. ineisded iisel F to the attention cf ibe Chs usher by the consideration. this it scold fas ilitat• J.e air 'est re-:4.1 , 411re iu future Kitts the letter of be Chatter. the same (13), is, a Susie Comnyttre, ! 4 1 tilVI IL gUbMitleti a ptoporiti, a for ibetho•igittiC the Kjug. refig . gi vices. to semi re It, prribibstiyis against marlines Let a e. , si broths I. Iv I •141.6040. Is a, in like osssmer, as 1 y the 11;411i of ti • h. is ororoo”'Pil to d+, si• I. respect to in ys I.I.tV•PV• on. 1•• 1••••1 ulece. •uit: a .unt C 011*.LL 30 1. 111%%, he ' :•^• ch:."iv• 1). • li Pl e a r : l Y ut a :ii 4 I::aw:nifir..l: Nat witbstio Si. tt•mibiul u of ) myna WWI ' lea, lb. IMO ay i.f Ismobetvd. C sisoill of It '1 lest &whn. mittarstt is I loot dime $ hely ester. I article ent,dl lumps; and, velvet ience, I 'hie erqvisiti o f the itst &allege wit Colonel offe huatitet: the s ) ing the nlj bandied dist roiled lately • toes end s 1 n•Sistle, 'PI eensreended no. •lfntts vi Ft. dam in sill be e fOl rhafs6 •( S brusry. The (rot- et Pnfillllloll the Cope, i April, the November. lop there 1 Topes, eel to the In& Irk M. 141 BONAPART retideoce. concerning quiver (Ai Dole, awl cape, far Accoentam the Panel EliKlend at be Mai Accuracy Mescal b Oftat. Ull2s Satinyley, shirt of sew sittis Deter of tl pot a elm "a colonel to be 1K dorsals', in tante 011 Pf, MI! 11 110 t die most rendemi iliesingl4 of a sri tared lal trolls which at Bern tan OM/ as prison of Ma thus great di reprosei be ea f i We Deeetel l'rim is total Their • L• The at Ihe Last, Peony, 41111 tn•liti