The Statesman. — London, England, 1821-11-14 00:00:00

10 4 Lair vvrELLIOEACE. COURT OF OF KING% BENCH, Nov. 13. Tilt XING V.. 4242411 (ARUM Mr. Coots* moved for a rule to show cause why the verdict should not be set aside and a new trial had. He said he moved this upon an affidavit, in which the defendant stated that, on the 24th of July last, she was tried in this Court upon the prosecution of an association calling themselves a Society for the Suppression of Vice, for the publication of the Theolo gical Works of Tom Paine. Her defence consisted of printed and written matter, and she was proceeding with the same, when the Learned Judge stopped her, saying he would not allow her to proceed any further. The deponent was stopped at the following passage " The Defendant ought to have been indicted under the Statute Law, making it penal to revile and scoff at the Holy Scriptures, but her prosecutors were too vin dictive to take that course. They knew the object of the statute was only to disqualify the party convicted -from holding civil or military offices. They therefore indicted thedefendant on what they called the Common Law, " which was nothing but a common abuse." The Loan CHM IUSTICS—The defence was stopped by the Learned Judge, upon the reading the passage which asserted that the common law was no thing but a common abase! Mr. Coopan—lt is so stated in this atidavit. The Chits JusTicE—Do you think that ought to have been read ? Mr. Coopaa—lf your Lordibip asks me my own private opinion, I will state It; but I am bore as an atfrocate for the defendant. Mr. Justice &mar—One of the reasons why gen tlemen are placed in the honourable situation in which • yon are, is, that they should exercise their own discre tion and judgment, and be watchful that the decency of a Court of Jastice is not •iolated. Mr. Comma said he was only stating the defe:knt's affidavit. He had only got through a small of . it. It was not on the ground that the defence was stopped at that particular part, that he founded his present application. The ground on which he moved was that the defence was stopped altogether. Mr. Justice BEST—You, who were in Court, know thaPthat was not the fact. Mr. COOPCIII was not in Court. Mr.. Justice BEsT-1 beg your pardon, I observed you *ere. Mr. Coovaa—l beg your's. At the time this trial was on, I was in the Coffee-house getting my break fast ; and I did not return to the Court until the ver dict of the Jury was pronounced. Mr. Justice Bssv—Then IL beg pardon, Sir. Mr. Coors& proceeded to state the defendant's affi davit, which went on to assert, that as soon as the pas sage above referred to had been read, the Learned .lodge desired deponent to take the manuscript out of Court, and expunge from lunch objectionable matter; which deponent declined doing ; upon which the Learned Judge said " Let It be read, and if it goes on in the same Jude, I will stop it." Whereupon the officer proceeded to read the defence, and other matter occurring which the Learned Judge thought objec tionable, he again interposed, and after having given her permission to have her defence read, instead 6f, doing so, insisted upon her retiring from the Court, and striking out the objectionable matter. That de ponent accordingly retired, but deponent not thinking that there was any thing objectionable in her said de fence, returned and persevered in her refusal to mutilate Ler defence, declaring to the Learned Judge, that if an Englishwoman was not permitted on her trial to state to the Jury what she considered necessary to her de fence, she must abide by the consequences of such de cision. Whereupon the Learned Judge immediately charged the Jury, and the Jury found her guilty with out having been heard in her defence, and without having been permitted an opportunity of vindicating herself against the charge imputed to her by the in dictment. And deponent verily believed, that if she lad been permitted to proceed in her defence, the Jury would have found her not guilty, but, in fact, her defence had been totally stopped before one-tenth part of it bad been read. It was upon this affidavit, the Learned Counsel said, he made his application fora new trial. Mr. Justice BEST—Now I will state the real facts. Mr. Commit—l know nothing of the facts myself. I don't know one word that passed, but what appears upon this affidavit. Mr. Justice BEST—When this case was called on, the defendant appeared to defend herself. She banded me a paper, taking objections to persons belonging to this Society sitting on the Jury. I asked every Ju rvntan who went into the box, whether he belonged to Ibis Society? All the Jurymen answered that they did not. The Jury were sworn, and the case went on, and when the case on the part of the prosecution - was closed, the defendant handed in a written tddress: I certainly objected to some parts of it before she came to that part which spoke of the common lair of Eng land as being a common abuse. I took no 'trite of it, and can only speak of it from memory ; but I remem ber she used expressions contending for the right to question the truth of the Christian religion.' I then told the defendant, that I could not suffer inch -s • de- . fence to be made ; but after some reflection. I thought it right to let her go on a little further. ,The lefencit was accordingly read on, when the passage which has been alluded to was read. Upon which I said to her, " Madam, I cannot permit this to be read." She said, " then I make no defence." I said, " you cannot be permitted'to read such matter as this in a Court of Justice. I desire you will withdraw with sosaelriend, and expunge the objectionable passages." Site said she had no friends in Court. • I said " there are many gentlemen sitting in Court—gentlemen at the bar, silo will cheerfully give you their advice and assist ance, and who will go out with you for the purpose of reading over your address, and expunging such mat ters as are objectionable." No, she said she could not. She would abide by the consequences. She appeared to have a friend who sat by her in Court. and I ad vised her to withdraw with him, if she. thought pro ver ; but she would not. The Jury interposed. Se veral of them got up and complained of these pasitget, Ind told her she was doing herself great mischief, and tiesired that she would withdraw. Upon whicb. she did withdraw with a friend, and returned in a minute or two, but instead of altering one single word of her address, or pretending to do so, she banded me a pa yer couched in these terms—" I have only to say, this ( VI al ti 4 1 a V... THE STATESMAN► is my defence, and if you think proper to decide that an Englishwoman has no right to say that which is euential to her defence, I must abide by the conse quences of your decision."—l only wish to state these facts, that It may not be said that I stopped this wo man in her defence. I was most anxious, and pain fully so, sot to interrupt her, and that she should bring forward every thing, consistent with the decency to be observed in a Court of Justice, which could is any degree serve her on her trial, or prove her inno cence. In one case, it should be observed, that, she was defended by Counsel—the very next cue which followed, bat not in this, because she must have known that she was about to make a defence which every Gentleman at the Bar would think him self disgraced in making, because he must have made himself the organ of uttering the grossest sedition and the foulest blasphemy. I thought it my duty to prevent that which I was quite satisfied then was in tended to be made the vehicle of sedition and blab phemy, under the colour of a defence ; but I was most anxious that she should have every opportunity of making her defence in the proper sense of that word ; and the Jury concurred with me in that anxiety, and wished that she should expunge every thing that was offenstve in her defence, in the hope that she might be able to give an effectual answer to the charge on which she was indicted. Mr. COOPIR.—Tbe Learned Judge bas bad the g udness to state what occurred en the occasion, and bas added several cireorostances which do not appear in the defendant's affidavit. but as far as it goes • it seems to be concurrent with what the Learned Jodge has stated. I still submit, that upon the facts u stated. the defendant is entitled to a new trial. I wish, however, in consequence of something which his Lordship has said. that I may be permitted to say one word in explanation, because it relates in some degree to myself. The Learned Judge has said that the defendant had a friend in Court. I presume he alludes to me, from the circumstances of my being Counsel for the defendant in the case which followed. Mr. Justice BEAT — I did not allude to you Mr. Cooper. I said she had a friend io Court. You quite misunderstood me if you thought I alluded in the slightest degree to yon. The CHIEI4 Ull rica—Yon misunderstood my brother Beet. Mr. Cooent—l beg to say, that if I bad been ap plied to by the defendant, I should not have inter fered. I was not retained in that case. I had hot been consulted in it. In the case in which I appeared for the defendant, I had been regularly retained, and I felt it not only my duty, but I should have consi dered myself unworthy the station I have the honour to hold, if I had refused to come forward and defend her or any other person, whatever might be the crime, to the best of my humble ability; holding it as a sacred maxim of the English law, that until guilt be distinctly proved. the accused are to be considered as innocent. I coesider it the bounden duty of every man who wears this gown, to come forward when called upon, to offer his best assistance to those who are under accusation, and I should hold any man in utter contempt, who, like children at a play, con founding the actor with the character represented, sboild confound the advocate with his client. To such a man I should give no answer, but tree. ltba With silent contempt. Then, my Lords. I say tbisswp it appears that whatever were the Judge's motives (and 1 believe the Judge was actuated by the best motives,) his Lordship, though he might be justified in stopping the defence in a qualified manner, could not be justified in stopping it altogether. The com plaint is, that the defendant was 'stopped altogether. The CRIEF JERTICE—Does your affidavit suggest what other matter there was in the defence which it would have been proper to submit to the Jury ? Does it state what particularity, what other matter ought to have been submitted to the Jury ? Mr. COOPER replied that it did not. His position was, that the defendant ought not to have been stopped altogether. If she offended, she ought to hive been fined, as in the case of the King e. Davison, in which it should seem that the authority of a Judge at .11Tiai Prise to fine a defendant on his trial, had been esta blished, but not stopt altogether. She should have been warned to be more cautions, and take the conse quences of any neglect of such warning. Mr. Justice BATLEY observed, that the mere impo sition of a fine would not afford any adequate means of preventing the mischievous consequences of the offence. The offensive matter might be insinuated into the minds of the young persons present, and no fine could rectify such an e►il. The punishment of the offending individual who thinks proper to utter blasphemy and sedition in a Court of Justice, cannot rectify the mischief to the minds of the auditors. Mr. COOPER submitted that this doctrine might be carried to the extent of depriving the advocate at the bar of the privilege of speech—of making a bold, fearless, and legitimate defence for his client.- The C►►ter Threrce—No such consequence can fel low if you 'look to the whole of what has keen done In Chit case. ' • Mr. COOPER reiterated his argument, that the de fondant Ought not to have been stopt altogether. The Cum JUSTICE observed, that the defeadist ought to havisuggested in her adidavitsornethiag env tained is her defence, which, bad she been permitted to proceed, would have had the slightest erect is her fa favour upon the minds of the Jury. It could not be supposed that the utterance of vehement blasphemy could have availed her any thing. She knew the nature of the points, which the Learned Judge most properly could not suffer to be read. Mr. COOPER—The knowledge of what was proper for her defence must depend upon her own opinion. The CHIEF JULTICE-.—We bare quite lost our CORI. mon understandings. • Mr. Coona..—No, my Lord, far from that. Your Lordships possess very uncommon and extraordinary understaidings—the very reverse of what your Lord ship is pleased to suggest. The Learned Counsel said be had nothing more to observe. He.insisted that the affidavit afford ed sufficient ground for granting a new trial. Beyond all question, no gentleman at the bar. lent his assistance to the defendant ; no gentleman interfered ; no gentleman volunteered his assistance ; and proscribed as the defendant was by all parties, it was not to beleitpected from human nature, that any body would come forward on her behalf.. Mr. JustiVelliesT-1. think yon haic taken a very wrong. estimate of the bar of this country. I ven ture to assert, without the hazard of contradiction. that there is tot a man at the bar that would not have most cheerfelly given his advice and mistime., bad it been asked. Mr. PLATT interposed, and begged to observe, that he himself bad gone out of Court to tender his hum ble assistance to the defendant, but it was declined. Mr. COOPER said he was not aware of this circum stance, which reflected to much credit upon his Learned Friend, or be should not have alluded to this topic. He concluded by submitting, that u the defendant bad been stopt altogether, instead of being suffered to pro ceed at the peril of such pecuniary lines as might be imposed upon her, she was entitled to a new trial. MT.JUSTICE BAYLIT--.-DOSS she state that the de fence was prepared by herself? Mr. COOl9lR—Sh; does not. The CHIMP Jvrrica—Does she even swear that she knew the contents of the defence ? Mr. COOPER.—She does not t but the presumption is, that she must have known its contents. The Curie JUSTICE.—The struggle in the present case is manifestly this—that a person charged with the publication of a blasphemous libel, shall be al lowed openly, and in a Court of Justice, to utter, or cause to be uttered, as much matter of the same kind as any officious friend of the accused shall think 6t and proper for him or her to utter with freedom. That is, that the Court of Justice shall be made the theatre for the publication of blasphemy and sedition. That is the struggle, most unquestionably. Looking at all the circumstances of this case as now disclosed, 1 think the Learned Judge did perfectly right . % the course be adopted. It is not suggested in this case that the defendant was prevented from uttering any thing that was material for the consideration of the Jury. A Judge is bound to put a stop to the utter ance of blasphemy and sedition in the Court in which he preside!, and if a defendant, under pretence of de fending himself or herself, thinks proper to make the sanctuary of justice a theatre fur blasphemy, the Judge would depart from his duty If he did not put a stop altogether to such a defence. Mr. Justice BATLEY expressed his perfect concur rence in, and approbation of, what the Learned Judge had done. lie hoped the time would never arrive when a defendant on trial would be prevented from stating every thing freely and without restraint which should tend to his exculpation. '1 his was not such a case. A Gentleman of experience and ability hail offered his assistance to the defendant, which she thought proper to decline; and therefore she had no reason to complain of want of advice. The language of the defendant on the trial was quite sufficient to call for the interposition of the Learned Judge ; and as she did not think fit to conform to the restraint im posed upon her, he was bound to stop what she called her defence. Mr. Justice HoLunn) also concurred in the pro. priety of stopping the defendant in the career she had prescribed for herself. Mr. Justice BesT said, that having *fed what had occurred on the occasion, he should take no part in the decision of the Conn.—Rule refused. SWARTNIN I'. TAPLIN. This was an action on the case for libel and defama tion—pleas, the general issue and justification. The cause was tried before Baron GARROW, at the last As sizes for Oxford, and a verdict taken for the plaintiff for 50/. The circumstances of the cue were stated in our Paper of yesterday. The plaintiff was nursery-maid to the defendant, who was a Magistrate of the County of Northampton, and the action was brought for his giving a bad character of her through malice to a gentleman whom she referred to him, as she was about to enter his service. The Jury found that it was through malice the defendant gave the character, and they accordingly found a verdict against him. Mr. CROSS again applied to the Court to-day to set aside this verdict, on the ground that no malice had been proved against the defendant. The Learned Gen tleman was yesterday interrupted by their Lordships rising to go into the Court of Exchequer. The COURT, however, refused to disturb the ver dict, being of opinion that the letter from the defend ant, which was read in evidence, bore on the face of it sufficiently strong marks of. a malicious intention, to injure the plaintiff by giving he a bad, and as it -turned out, a false character.—Motion refused. POLICE. BOIV-STR ENT.—Yesterday a fellow calling himself James Willshaw, a Manchester bargaman, was brought up by Upton's party of patrol, charged with several violent and most unmanly assaults upon females. The prisoner it appeared, and several others of the (rater nit!". whose barges are lying in the Regent's Canal, near the City-road, have for several nights past sta• tioned themselves on the bridge in the road and made a practice of insulting every woman that passed in the grossest possible manner. Mrs. Day, whom he last assaulted, was brought in to the office from a coach. She was in an advanced State of pregnancy, and was in i truly pitiable condi tion from the treatment she had received. She fainted once while in Cm Office, and., it was with the utmost difficulty that she could• support herself in her seat while ander eramination. Mr. Boluses, of Brook-street, and another gentle man, bore testimony to the conduct of the prisoner, which they described as the most ferocious that could be conceived. The prisoner stoutly denied that he was the man. The Magistrate (Mr. HALLII) reprobated the con duct of the prisoner in the strongest terms, and said be felt ashamed that any Englishman could have been guilty of actions so unmanly. He waccownsitted un til he should And good bail. ' Joha Long, a porter in the employ of Messrs. Cox and Co. paper-stainers, in Playhouse-yard, Whites:rose street, was charged with robbing his employers t.i a very considerable extent. Jos ph Wooten and John Ridout were ilso Oft to the bar, charged with fr 6. niously receiving the property stolen by Long. The prisoners were all remanded for farther examination. "The Magistrate refused to take bail for Waydtan and MARLOOROCORNTRIMT.--frilliata Pipet was yester day brought to this' office by Westcott, the officer, charged by Mr: Hathaway, scagliola manufacturer, of Warren-street, Fitzroy-square, undcrthe followiag cir cumstances :--Tbe prosecutor rated that the prisoner was an apprintice of his,:ea the 3d of October be ab sconded, ankat the lilac then several marble alabt ' were missing, He made everu:44llremi ask discoker him until a f ew d ays since, when he k itei that the prisoner had set up in business on h' is o h account in the lame trade. On going to Ol e soner's house with the officer, he discovered s m i if . the marble he had missed, and in consequence bs IN shortly afterwards taken into custody. The prisoner denied the charge of wills ( the marble. He wa r reman d e d . mi l UNION-BALL.—A young man, was charged b f w wife with frequent acts of brutality towards ber, also threatening to murder her, since their mani a ; which had just exceeded two years. He had likft - h t associated himself with a gang of desperate tMirrti and made his house 4 common resort for his 10,4 46 panions. One of the officers stated, that A burglary sad % 4 bery bad been committed in.tbe vicinity of Vaashat on Sunday morning last at about halfpast one o'clo r k He was on duty at the time a short distance fr om spot, when he observed four men going hastily to g % town. He shortly afterwards met with this Ii so accused by his wife, and from a previous kneeki p of his character, he had no doubt that he nu as. cerned in the affair. He was remanded for a lib ul examination, in order to ascertain further pa r ti n h is respecting the burglary. LONDON MARKETS, Nor. 13. COTTON.—The Cotton market since our last 6 4 been exceedingly berg, and such has b een t h e l ug* state of the trade for several weeks, that one or to holders of India Cotton appear inclined to sell at pek e , a shade lower • in general, how e v er , th ere are kw . len at any r eduction. to There is rather more ieisi r y for Cottons this forenoon, bat no purchases of am ) , is . tent are reported. • SUOAR.—The demand for Muscovades last weeks % steady and considerable ; no alteration whatever is th prices could be awed, except the good and fine deseip. !ions, which sold at rather higher rates. The desu for Mitscovades continues steady and considerable; aul, as the stocks decrease rapidly, on account of the lap weekly deliveries for the home consumption of the cow try, the holders are becoming more firm; few smiles are expected, and a general opinion is entertained that the prices will improve considerably. particularly Is. wards the spring. Th e re fi ne d mar k et to -d ay has WI very heavy ; the wholesale grocers purchased ea a Yew limited scale, and the shipping houses have for a length of time been doing little or no business , under thew circumstances, and the advanced season of the year, the holders subntitted in several instances to a small depts. pion, lumps being sold at 745. 61 in one instance, sad generally at 755. COFFEE.—The qnantity of Coffee brought forma since our last, was44l2. casks and 4 bags ; the greater proportion being ordinary Jamaica and Dutch Coin, suitable for home-consumption, sold at very high rata, realising an advance of 21. a 3s. per cwt. There bas been very little business done in Coffee by private res. tract ; the only qualities in request are the descriptions suitable for home consumption, which realize very kith prices : the other descriptions are without variation.— The exports for several weeks are very extensi►e. The public sale this forenoon, went off heavily, the ordisaty quality sound, chiefly taken in. RUN. BRANDY, and HOLLANDS.—The demand for Ruin is chiefly confined to the strong iraVA‘ass 'Asia arc bought by the trade at Id. a 2d. per gallon %imam on the public sale prices; the other descriptions ix heavy at the previous rates, but the holders of Rea vs more firm, anticipating that the alteration in the net at the warehouse will induce speculators to come retina Brandies are held for 4s. sd. a 4s. 7.1. best marks, bat there is little doing. Reneva is neglected. IN Dlol).—The purchases of Indigo since oar last au nearly 500 chests, chiefly parcels of thin rerious India sale ; the premium on last sale is still 2d ana IRISH PROVISIONS, &c.—There is little alteratiss to notice in Beef or Pork ; some arrivals of new Perk prove tainted, and are o ff ered on low mitts. No see India Beef and Pork yet arrived ; several parcels are stated on the passage. New Bacon Ms • old heavy 2k a 30s. Irish Butters have &flounced considerably, Water- ford 87s. a 88s. ; Carlow 935. a 9-Is. Dutch flatten may be quoted 100 s. to 102 s. 111AVAL STORES.—The last arrival of Turpentine 1600 barrels remains unsold ; we believe 141. has bees offered and refused. Tar has con4i,lerahly advanced; Archangel to 18s ; Stockholm Tar to Ns. Rosin sad 'Pitch are also held on higher terms, particularly the latter. HEMP, FLAX, and TALLOW.—The Tallow market continues exceedingly heavy, and several purchases ars reported below our reduced quotation. The letters fres Petersburgh yesterday, dated 19th October, state an ad. vance in the prices of Tallow ; the Exchange was ow terially higher, having advanced from 94 to 9 19. e The prices of Hemp continue to advance ; the deans' is still considerable and imp-oving; the imports appear initdequate to the request.—Flax is also in demand: TOBACCO.—The demand for Tobacco condones; the quantity changed hands since our last is from 600 W 700 Mids.: the late advance is firmly maintained. COURSE OF EXCH, Amsterdam, 12 14 C. F. Ditto, at sight, 12 I 1 Rotterdam. 12 15 Antwerp, It 7 Hanabw-gli. 97 9 Alions, 37 10 Paris, 3 days sight, 45110 Ditto. 25 90 Bordeaux, 115 90 Frankfort on the Maine, 156 Petersburch, 9 0 U. Vienna, 10 18 Et Flo. Trieste,•lo IS Er. Flo. Madrid, 30 Cadiz, 96 NG E ON TUESDAY. Bilbao, 36/ Barcelon, 251 331 Gibraltar, Set Leghorn, 47 Geo" 4$ Malta, 4.S Yenlet,t764 Naples, 301 Lisbosi SO Oporto, 60 Rio Jamey. 44 Paleraio. 118.—BahtIs 50 Dublin, Si per isaS. Cork, 9 per cent. illor of. For. gold in han.ll.l7a. New Donnloons,l l . Us." I New Dollars, 1.1. Silver in bars, Staid d , 44. lld. MARDI RD. On the 6th Instant. at Croem Church, Hugh Mal* E s q' eldest son of the Hon. G. E. Mess%. of Riversdsle.tells r Y Anne. onl y daughter of Robert Harding, Esq. of Cheri Grove. Grove. in the county of Limerick. DIED. On Monday. the 12th inst. after a long and paha WWI , la her aid year. muck regretted by her family and triads, Susannah, the wife of Mr. Edward Kent, Higb•slisar Borough. On Saturday sennlght. Mrs. Widdicombe. wire of Mr ' Widdleombe. who was killed at Ivy bridge. Tao dwelt 0•• "Milled by the unfortniateaecblent which havened toilet husband, threw Mrs. W. kite fits. from which she sever Iv covered. ' Yesterday. at Winstead. Thomas Sparks. Esq. NOLL On Monday last,•after a long and painful itioest, Mrs. Richardson. of Claphim-road School, in the 77th YOU o' her age. On Saturday last, at Twickenham, Mary Britt'', ill tk ° 106th rear of her age. On Sunday morning last, at Reigate. Mrs. Jollife. *fe d 76, relict of the late William Jollitle, Esq. M. P. for Patera- LotNlot : Edited. Printed, and Pahtia:ted at the Oda' 0. "'Tot STATUS. 4JI: . sod "Too Ca "I 3TITVTION " ( 81 " /64 PaPer) , Np. It)L Strand. opposite 3t. Cleawat's Churb. by ft. W IRDELL, LL IL, to whom all Cotomesiesdon:. Orders, dke. ore requested Sete addreae4. ~" • V el I *Ai • .1 -#'. 1