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

NoV. the Court.' He had been convicted for the publicat i on of two smie notorious for their blasphemy, and their tendency to un dermine the religious faith of the country, as well as destroy that hope of a future state which was founded upon it. It had with justice been observed, that this prosecution was conducted for a work, not as against God. but v.B against man. The crime of blasphemy was one cf the most serious (Fences known to our law. That low allowed a free toletation to all. It imposed a creed upon no man, but left him to worship hid Creator i „ t wo any which most accorded with the dictates of his own c orsciencr. The courts of justice could not interfere with any noctrines which he confined to his own breast, for the truth of w hich he discussed with calmness and reason ; but he could not be permitted rashly to unsettle the faith of others. The public were protected from such attempts direct NI against the very frame of society. if he (faille) had succeeded to the extent of his en &furors, what might have been the effects upon society ? and how much mightatot he have had to answer for at another tribe. ca l ? Neither of these works was originally his (the defendant's) own but, (lie was proud to say, for the credit of his kingdom) WtlC the productions of another country. One had been already twice under public discussion in a court of justice. and was cer tainly not written in a spirit of temperate inquiry. On the contrary. it grossly traduced a moral end religious rode, fmm the belief and practice of which mankind derived the most eaten „iye advantages. I .et any one calmly contemplate the ttoctrines of Christianity , let him examine the mildness of it. minciples and purity of its morals, and he thought it imps Bible that, in the fair exercise of his reason, lie should not be induced to ad mire and adopt it. Every principle it contained tended to benefit society ; it said' •• Love your neighbour as yourself," tt Do unto others as you would they should do unto soot" and on the observance iii these moral and social e :sines. it built the assur ance of eternal rewards. The force and .arortion• of oaths were derived from religion. and upon their inviolabilitY•depended the safety of all those institutions tinder which we enjoyed happiness and frceticon. The King himself took an oath which boond him to a certain line of conduct, which formed his title to tilts one thence of his subjects. flow else could property be secured or crimes punithed, but for the sacred influence of oaths over wit. nessea and juries? The adminietration of justice most stand or fall with the respect in which they (oaths) were he'd. The same benefit is extended to due public by the oaths which persons in his (the Jag...o capacity took when they entered upon their functions, and he hoped the country would long continue to enjoy it. It was strangetliat the defendant should conceive he was benefitting mankind by removing the securities and obliga tions by which their conduct was regulated. With regerel to the subject of intention, it was doubtless their duty to inquire into it t but God only was acquainted with the inward mall ; and the payer of human tribunals could go no further to ascertain it. than by judging of his actions, and ths effects produced by themi The defendant had likeesisa adverted to the 'umber object of al. punishments. These were intended' not only for the reformund correction of a particular offence, but by example to deter others from offending, In the present ease. it was sufficiently manifest, that a great profit had been derived from this publication, and that although sot in a very extensive business, tildefendant had told 3,breo copies in less than a year. if a sordid motive were apparent, it should have the same incidence upon others es - dia. appoint and deter them. Notwithstanding the obstinacy which had been manifested throughout by the defendant, he hail enjoyed the benefit of the most patient hearing that had ever done honor to a court of justice. For the sake of the people at large, the bulk of whom had not leisure f irly to examine those sacred uoctrines whicishad been reviled, the ('anti felt themselves bound to award a severe punishment. Perhaps the defendant himself might have been dissuaded from pursuing the course he had adopted, hail he previously anyl carefully perused the works of Addison, Strome Jennings,eand Lord Lyttleton„ whoin he had mentioned because Met; were laymen. and had considered the evidenac of out religion in different points of vi-w. Ili. Lord • ship conch' led by 'pronouncing the sentence in those words : •• The sentence of the Court upon you. Richard rarlile. is, that for the first offence of which you have been found guilty,. the publication of Point's Age of Reason, you pay a line to the Xing of i.n pal. and be immisoneil for two e•ears in the county gaol of Dorset, in the town of Idorchesier ; and that for the second oflince, the publication of Pahne,'s PrineipV, of Nw tare, you pot a further fine to the King of Stiol.; and he further imprisoned toe one e ear in the said gaol of Dorclo•Nier. And you be further imprisoned until those line. , are paid, and also you gi‘esecurity, yourself in die sum of imool., and two others in the sum of tool. each, that you be of the peace and good be • liaviour for the term of your natural life." Carlile bowed. and was then conducted out of Court. On his way through NVestneinster-hall, where a number of idle fellows. of apparently the lowest order, had collected, he was greeted with a mixture of huszaa anti hisses. The Court was thronged to excess from an early hour . LEDINGs NIANCHEwTER. Mr, ill ',WA?. moved fora role 1.1•11VW came why ir eg i mina' ion', on .lien be tiled against I.lln Arthur Homo, esti one of the Justices of the Peace in and for the flood. palatine of Lancaster, for having, For fear, for vonr, or affection. refined to hear and esat ll iii e el roam witnesses, tends.' ed to him to give evisit tore touching and coneertiitog • certain felony alleged to have hero commit ted within the said county of Loncartet and for ha. log • efoist d, or neglected to grant, a Vlarlltlit for the al on g ,. ;minion of thriverson so then and there eh:ogee' with sno t felony as aforesaid. The motion, he olt.es f oun d e d oat the affidavit of Charles Pearson, geolletioun, Al tipirggry. %appalled by show of Iwo other nelsons; our named Richard.* n, w leo had been wont at Manchester: and the other, K. Kinsmen, ho had witnessed t h e to ansartion. The afit.las it :fated, that OH the Y6lll of October, the first den*, i.l attended at IVai newton, where the said John Arthos norms. Esq. acted all Justine of the Pea ; this he 111(.1..111111d the deposition of Itictiardvnti, which was to this effect ; —That on the iolth of August, the deponent .1, 061 ) was walking quietly through a certain street in Illaneltester when he was islet and attacked by ( the name of the tocr,oti charged was not given), a mem ber of the Yenmaiii y Cavalry of Ma•teloester ; that the said Yeoman cat at I with his swoid, lis which hr se eeived a w 1 w hick serried his nose t ransrei set) : that other blows were aimed at him Isy the PAM!• otioAro, lay which his hat was deeply eat ; that he (the deponent, fil -1 illlf4111011)11411 given no provocation to the said Yeoman, and had *lone nothing which could call for sect. an attack on him. Th affidavit fusilier stated, that at ilie time the deponent (sir. Pearson) stated this fart to Mr Boom., the arnie•aill deponent (Richardson) was in attendance, wed really to give his information on oath : as were also a person named R. Rinsmer, 11110 had witnessed the trans refloat and soother pet son, an old man, salon was steady to depose on oath to anc•lser violent attack haring been snide nom. hill/ by the said Yeoman. These (in:on:maw tea, the deponent (Pcarsoa) mentioned to Mr. 800 ran. android. d tiptoe him in his official capacity to intetfrs r, mid lake Ilse depositions, mid grant a warrant fir the ripper-hi smith of she person so charged. 'En Ibis Mr. B. made rents, otghsg several reasons viloy lie did not wish so tuft it - est.. .mil ainsui.s ushers, giveni the hollowing —" Shah be (She said J. A. BOlfall. long ) ds dined any official interference with regal d to individnals who could with diectdtz be separated (rota the Maneliesttr magic tratea."' THE NATIONAL AMSTED. Mr. Denman added, that the retool' why the deptuds hunt had been dela vett lintel the time of the occurrence which gave rise to limns, to the 26•11 of October, wa., that the deponent Rieltardson) mould not make oust the precut who had toot him. At ihe moment lie Wll , l vrontided he had taken partNltiar noil-c at the person, and had de• scribed hint so accurately, that he was afternarde recog nized flout the sieseriptiOo. He (Mr. Ilenmait) had no o tier fart a tonne." aßainct Mr. liorran, lint be radmiitted that what lie had Opted Wal.iifficient in jnoify the Conti in irranifng a criminal information, on the cromol. of I"trtiatity, and a ancluet nflsig ditty a. a mazierate. llr ieste,l noon the .tatote of Philip 11n , 1 Ma ry,whieli direeteil magistrate. to take depositions azainat per.ona aectoied of felonirg, in order to have them returned to the assize*, that the cause of justice might not stiffer. Jotitdce BarleY.-11)ites the affidavit not idrite anv "the( retnnos urged by Mr. ilorritti why he did not take the informations ? The Lord Chief-Jortice.—floes it not Ytnte, iiint he had nny other motive.. An relioitig—.such as tile wool of lime, or it not henie in his di.triri • Mc. Denma.t.—Ma I.nnt, the anidavit in one wart that the magistrntes of %Varrinktm. were *.nntetirtie- in the Practice of hearing rave which necwred v.4.hin the district lf the Manchester masistratca. There %ter., it was true, .eyeral other matter• elated by Sir Barran in his nmover on the on aston. hit he (Mr. Demo .n) had mar pot them in the anidnvit, a. he ditiMOt thi , k they W , •re of any itn portanee. If there w as ant Butt in not h•.•lnz da,.e.so, it um, his, fur he had advised such a pracecalick. . . . _ . Mr .lu.tiee Itavley.—tin doubt. Mr Denman. if %nu had fmen. l any thing in the an-ern which r onld qualify the words titeti, %nu would have mentioned it. Mr. Denman then submitted that he htitl %hown gsnund roc their foir.l.hipv to grant the rule. There were veverd rages where the Cost had granted erirolonl information. a :lion inacivtratev. even where hr.rm rim pt motive had I•een Doe in part irtOni he should rely on ; it was that of the King v Dr 001..., in 2tl Term Report:. The Lord Chief Joviire.—You need not go further. Mr. Denman ; we think that enough has been vhown to cull upon thiv gentleman for an :tower. Take your rule. Rule punted. WzrysrrsnAv Nov 17 The enure was engaged during a greater pgreof the day in the hearine of appeal cession cases, hone of which were of any public Interest. At one o'clock the Attorticy General rose. and moved the Court that iiidgment be pronounced upon Henry Swan. E.g.. who was convicted at the last Spring Assizes for the County of Cornwall. of wilfully. wickedly. and cornintly, giving a certain bribe to one of the electors of the borough of Penryn for a vote in his behalf to return him as one of the members to represent - that borough -in Parliament. Mr. Swan immediately rose and stool on the Roor. Mr. Justice Rest then read to the Court his notes on the trial, and the record of the defendant's conviction. Our readers will recollect, that this MC arose out of the diem. very of certain transacdons. during the trial of a petition comnlaining of an undite return for the borough of Penryn, in the last session of Parliament. Mr. swan was then asked if he had any affidavits to put in. He replied rn the negative, and proceeded to address the Coon. in a speech of considerable length, and concluded by reading a letter addressed to him by leo respectable individuals in Corn - wall. who spoke in the highest terms of his honour and independenCe. The ("ono reminded him that this declaration could only be reerived in the shape of an affidavit. Mr. Swan then concluded he etating, that in Parliament he had ever ft-ted to a consci , ntiotise independent man, unshackled by Ntinisterial or other influence. and was, therefore; unlikely to be otitis , of wilful or corrupt bribery. The Attorney General replied. observing. that the informs tion was framed accordine to the nature of Oat evidence. and a Court of law could not refer to the fact, whether it was known or not, to those with whom it had originated: The Juidgee connulted together titra short time. • • Mr. Justice ItnYity tnen informed Mr. Swan, that he had to receive their judgment tile an offi•nee of which he bed been conrieten, in corrupting %Villiam Jenkins. he a bill of 401.. and by the promise of n iiindeome psesent. The charge had been fully made out. both by evidence am' his own confcssion. tViii i respect to the losses and tro ub le which the clef ,ndant had been put to. and tic eirennietane: of his leo in , r children dependent upon him, the court felt and re-eretred it. and it watod p e rhap s be a useful lesson to per-ons in the .itilat ion of' the defendant. in make their children a mire's , for their g awl behaviour. The Court were aware that the fact proved upon the trial was nut n single instnnce, that other chat eee bad Ive—n preferred, though no other had been made mit. The m hers oftl le House of Com mons took no oath tl: at they had not committed bribery, and this was an athlitiotiel reason why that Court should visit with exem plary punishment atl such off.-ncee. when ItgalTy proved, and brought before their attention. 'flue; siete aware that the period had not yet arrived, after which they sold be exempted from other proc , , &nes. to .shish he was at present liable.-- Having, therefore, ieference to this consideration, their sentence was, that the defendant should be imp/ix - mill in the Marshalsea prison of the Marshal of that Court. for the period of one year. 7.1 E KING V. vlussEt.t.. Mr. Clark prayed the judgment of ,he Court ort Joseph Rio sell, who had been convicted at the ‘Vnrwickshire Makes far the republication of an alleged blasphemous parody on the Liturgy of the Church of England. The prisoner was then placed before the Court, after which The Lord Chia Justice read his dotes of the trial, and added that when the Jury returned a verdict of guilty against the defendant, they also recommended him to mercy. %Viten called upon by the Court, the defendant then put in several effidavite, in extenuation. Some of these: set forth, that he was ICA into the republication by others, and that be was not awareat the time of having acted contrary to law. There ens oleo an affidavit put in on flue part of the prosecution. in which it was stated. that soon arer ;lie trial the defendant had republished the parody. and prefixed it. under the tide of a dedication to the shade of freedom," a gross libel on else magistracy and government of the country. Vhen this affidayt was read The derendant called the attention of the Court to a rwaPh in the publication itself, and requested that it m i g ht be rea d. lt was read accordingly, and contained the assertion of the defen dant, as us the necessity of a strict inculcation of Christian prin ciples in the minds of the eople : and added, that in ennsequenee of hit tusk Wimp:less to publish anv thing teriling to luring religion into contempt, lie had only plfulisliett the political part of the pa: odies. Ile then pricerietl to address the Court, which he did st some length, ocensienally refrying to some written docienents vadat he held in 11.. hand. Ile fusilier added, that he was hut a very poor man; that upon meeting cc: t.,in lows in his trades Ire had di livered tip nil his guuo'ls to voids his creditors, and that he had is wits and child:en to support. The whole of his address was delivered in such a mild unassuming, and submissive manner, as eridt.ntly produced a fatourable impression on the Court. Their Lordships then consulted together a short time, alder - Mr. Justice Bayley proceeded to pronounce the sentence of the Court, which was, that the defendant be imprisoned six month in Warwick gaol, and that at the end of that time he give security, himself in the sum of WWI. and two others in the sum of WI. each, that lie keep the peace fur three years ; and that he be further imprisoned until WICII security was given. The Clerk was then about to take the recognizance of the de feltent to appear to the other intlictutent, and had read the usual form. •• You acknowledge en be trybsitted—"when, The Defendant, 4nserrupting •him "tn rather a dirsasisited tone, said, •• 1 aeknowteellie minting: I am imprisoned for life." Ile was then removed Irons Court in the custody of the pro per officer. CRIMINAL INYORSIATION. Mr. Scarlett -cal ter a rule to show cause why a criminal information should not be tiled against the Rev. Geo. )(inf. 'fhe ground of this application was the affidavit of a Mr. Gardner. /he affidavit set forth, that the deponent arid his wife kept a respectable t.uartling school in the neighbourhood of Ashby. rff Lincolnshire, (dose to , which the Ger. Mr. Xing had a farm arad . antic glebe land. The farm had been let to a tcrtant, with whom Mr. King becoming dissatisfied, wished to let it to another, and mentioned the circumstance to Mr. Gardner, with whom he was at that tinietm terms of intimate acquaintance. Mr. Gardner proposed a friend of his, and several interviews took place oa the mitnect. Some dirN;reenient host ever occurred, and the negoti ation was broken off. Sam after this, Mr. King wrote to MT. Gardner a very insulting letter, M which lit taxed him swindling, threatening to accuse and expose him whenever anti wherever they men and used other language calculated to incite Mr. Canine:to a breach of the pewee: 'Jpon this the present application was made. ' • The Lord Chief-Justice said, that Mr. Scarlett had urged enough to 'induce the Court to call upon Mr. King for tiis answer. Mr. Scarlett remarked, that probably the granting the rule to show cause might be sufficient to answer every purpose.—Rue to show cause griunve: THURSDAY. N, v. THE KIND Y. THOMPSON. Mr. Sergeant VAUGHAN prayed the judgment of the Court against Thomas Thompson, printer of tile I , ice ler l - hrunich, who had been convicted at the last summer ataizes of a libel on the Rev. John l'iddock, a magistrate of the said county, inserted in that paper. The defendant plain an affidavit, stating that the letter wa, - not written by himself; that the prosecution had originated in rolirical motives ; that he had a family of tour children, and was in contracted circumstances. The Court. - after conatilting for NOMe time. inquired of Mr. Denman whether it would be batittfuctory that •the i!efentittrt should give 1116 own recognizance to appear again for judgment if calletl upon: `Thellefentlant then enottE4 into his own reeingilzanee of SAO% to appear for judguient when called upon; and before he left the Court, the Lord Chief .lu.tice intimated to him the propriety o!' discontinuing the pub:ication of the libeL The defendant bowed and withdrew. THE RING V. FARKI AND OTHERS. ...—..— .--..-- The Solicitor• General then rose to move their Lordships for a rule to show cause why a criminal information should not be tiled agsiastdesepli Wilfred Parkins, Bs+ one M the litsriffs of the city of London ; Robert %Vaituman. Esq. one of the Alder. men of the said city.; Henry Riinwone of the Liverymen of die said city ; and William Sttphens,. sentinel Thompson, Henry Bradshaw Femora: , Joseph Itureombe,uod :dtoimsead. also Liverymen of the said city, for conspiring to ortmluco a riotous obstruction of the election of Lord Mayor of the said city, at Guildhall, on Michaelmas-day last. The• learned gentleman submitted, as every thing relating to the peace fell within the jurialiction of the Court, this was a proper case for its inter position. The Court immediately granted a rule to show cause. (We understand that Mr. Denman and Ilr. Cdtty are retain. ed for Alderman ‘Vaithman, and s tme of the defradants. Mr. Hunt, it is supposed, r. ill defend himself) ALLEDOED MISCONUCCT OF THE CIVIL FORCE AT • COVENTRY. At the rising of the Court. 3f.-( - 'bitty called their Lordships' attention, and begged leave to 'nave for a rule to :mew cause why a criminal information should not be filed against Jeremiah Goodall, the High Constable of Coventry. and other persons at. niched to the pollee department of that city. for u moat violent and unpremsked and indiscriminate assault and riot, on the lith inst, in-attempting to disperse a meeting. convened at the re quest of upwards of 700 of the inhabitants of that ci t y, to take into consideration the late proceedings at Manefiester. He moved this upon the affidavit of 31r. Lewis, a most respectable inhabi tant of Coventry, which stand that a requisition by 1 - on persons had been ertainted to the Mayor. requiring hum to call a meeting fir tile purpose of toting into eunsideration the late melancholy and horrib le transactions at Nlancliester ; which le quo st the . Mayor had thought proper to refit c. and pmtested against the Meeting, and especially against the same taking mace in the town. In consequence of this refusal, the requisi tionists had thought it expedient to have a meeting di r mi a dees ; and is pursuance of this object circulated a hand-bill. couched us very temperate liitionige, calling on their brothei ciiizens to italeinble at a place called Friar's-green. on the 13111 inst. en the day appointed. an immense multitude of individuals proev dud to the appointed spot. where !twain:re had been -erected. and which was about from Coventry, that distant spot being chosen with a view not to counteract the wishes of the nia gistmtes. and occasion any disturbance. They had commenced their moceedings in the most orderly mariner. , • There was not the least appearance of riot or iii!emitimm break the peace. and some old inhabitants were upon the hustings, shout to illicit,' the subject before proposed to be considered, when they were stiddeoly alarmed 'lr the • apprru.ch •of a body of 610 con• stables, anthill with staves whielt were loaelts4 with lead. These persons, wit' out intimation of their Vol.:ICO or ON entions, immediately proceeded to diperse the pople, in effecting which- • purpose they used their weapons with the greatest it/humanity—striking and belting all those • who cone - in their way. sad finally toeing a passage to the hu.s. tines, where they seized some flags which were displayed, ins suee..eded in driving off those who had intended to Odeon the crawl. They then tore down the hustings. and a. thi e conceived, effectually disturbed the meeting, they retired. T result of their violence NA.., that several per •ent•were ectioadv cut and injured. Mr. Godall. the l iin:teorrei - blef was actively engaged in directing his attack, as well as other persons Car were l'hitieularly named in the aflielavi"9. - 'rite temned gentle:lo in observed, that it was dui th time that 110111 C steps be taken to prevent such gross infringetilems of flat rights of En glishmen, who, he submitted. when legady ioseissbled•to discos* matters in which they censsived their intereats•to be engage.t, acre entitled rather to prniaction than to the ;crewel! insults? Mr. Justice Bayley said, that no etece-o'ficgrs could justify the dispersion of an semen , 'fly So constituted Ivy si ad) vi dent mewls bind that the matter should be invesiigate.d. The Coati, (Lent. fete, granted the rule NiM for It criminal lamination. The dispute between the Earl of Lonse?ale, and Mr. Banks of %sadale, us to the rigllt of pre a tion to the mall living of %Vasil.'le }lead, is at letirth tenninate.d : the of Chester, to whose consi, deration the matter was referred, having expressed his opinion in favour of the latter, the Noble Earl, consented to withdraw his cLitn.