The National Register. — London, England, 1819-11-22 00:00:00

2F4 LAW REPORTS. Mohmiv. Nov. 15. 211 r KIND N. JAMES 11.)WOITcli AND JAMKS SV'TTON. . _ itir. Sergeant Vail applied to the Court this morning, for a role to show cense, why a criminal information should put be tiled against the defendant*. The grounds of hi. amnion 'night be shortly stated :—A rule had been granted lay that Con t, calling on the prostrutrls. Maria Gleam ao show rime *by a new trial should not be had in a case which had been tried at Dorchester, doting the Sumner A. , sizest of the year preceding The eireitilistant es wet e of an eattaottlieaty nature, and had created a very gene r..l intrust. Upon cause being shown, mcue than 100 affidavits were produced its support of and against the The result was, that the Court refused to tlistut b the verdict by a hieh the defendants in that cause had /tern coosieted of as conspliecy, foicibly to carry ulf a jonng lady (Miss Clews.) in order to matey her, she being ass Wiles., to one of (hi itCP. This ease had unfortu nately produced a strong aeuttatinn at Taunton. where Miss Glenn restded, under the protection of her uncle. ii happened, however, that bills of indictment were found at the 01.1 Bailey, on the VAN Sept. last, against Miss Glean, red a servant oained Misty Whitby, for perjusey committed in affidavits pi esessted to the Celia upon a 'station for discharging the rule as to a new tend. His artitistvit stated, that a hand-hill had beets printed at the instance of Boviditch ; that a thousand copies had been *remit off, and-Mot the other defendant had been employ ed to disti tissue mid post them up in the town of Testators. Miss tilt sin could taut, in conseipience of this :act, walk through as .Meet of that town with t finding thieve pla 4:ards he tore her eyes. .The, Court would judge of what Joust be her state uf mind in these cucinustances. The Land bill was as follows: " Fate of Nli.s Glenn and bee accomplice—Trite b1:14 against them have been returned by the Grand Jury. ut the Old Bailey, tPr wilful and corrupt perjury in the• in famous prosecittinulately instituted against theßowditehes. result affords a cunrinciag woof of the tieaeliei y, cruelty.and villainy employed against those unfortunate Judividteals. of the baseness, said inhumanity with which they ate now suffering i pa i►on..' Such a publication went, as be conceived, to being even the decision of that Conti into disrepute. Lor.l Chief•Justice.—You have certainly stated enough to tut lac you In a lode to show cause. THE EIRE V. SIN I. MACLEAN. Mr. Nlarryat prayed the jtidgment of the Court on the .ilefeadant (a pllsiciati of extensive practice residing at bludbstry, in SON[kJ who had Oren sonsicted at the tact swift* of an assault upon a gentleman named Deakin. Jurigniant on the- trial having bet ti suffered to go by de fault, affidavits wets now presented reciting all the facts of the case. It appeared th:it the assault was CO 111 l tilted . ju the open streets, and on a market-day. in the town of gridhiny, on the 13th tit Feb. last. The pat ties ;tail shunt *is %stela previously, dined at the house of a common friend, in company with oilier per :.:011C ; and on this occasion something was said by the prosecutor about tip. starts, ,which the defendant appropriated to himself. '1 he slutendant, continuing still to put the same interpic tation on the offensive expression, and conceiving it to have heels intended for him, copies ed a friend to procure an explaoation. litthre this could be obtained, lie hap pened . to meet the prosecutor, and immediately deinnnded an apology. Receiving no answer lions the prosecutor who in tied from him, he thrust his hand in his face and pulled k r im by the S tele . The other party retorted this in . sail by a blow with a stick, bust bring vet y inferior to his antago .st in bodily size and strength, lie received some nl itunries iu the conflict which ensued. It was sworn also, that previous to the fi rst insult, the defendant had desired several other persons to see what he was about to do, and that he afters ards called to the prose cutor, and exclaimed, " Remember, Sir..l have pulled you by the nose." The prosecutor, irritated by this at tempt to degrade bins, sent a challenge to the defrodant ou the following day; wbleb lie, after consultation WWI his frieuds, dec.:dried accepting. A bill of indictment against hint was then preferred, subsequently to which lie, on meeting the prosecutor, had uemiuded 6.m by sic niticent gestures, of the insult which be hail alicady put upon These being the important facia recorded in the affislavits fur the prosecu iuu, Sir L. Maclean appeared this day to receive the sentence of the Court. Many atlidaveis, coutaining testimonials to his chnrzieter rum 'ionic of the leading peiboub in the county, were put id nd rend. Mr. Marryat and Mr. Gurney then addressed the Court in itegravai ICH of punishment, hod Mr. Voltaic k au in Option. Alt. Justice Hutt co)d, after the Coot I bad de.ihereted r • time, pra flounced its jahlantot. Ilt remarked, that nithansia the dr fend.aut had doom tight in refusing to a< cc•iit a chal lenge to fight • duel, that c hallcoge bad beeu provoked by his ono la aulit . of the law. It was difficult, also, to be lieve, that he h.sti cot contemplated the result, as hen he of fered such au iud•geatly to the prosecutor. Ilis rank and education ought to have taught him the necessity of curbing has pa-siia s , mud of refraining from outrages at this dere ip tiou. Three were considentlium which influenced the Court to add to the severity of the punishment which they were calla 111/1111 to ilAard. It did tin refute order mad adjudge, th.it he sl.ould pay a hue to the Yang of 2001., and be tut- Imprisoned till such hue he paid. INDICTMENT EMI bEDITION ♦ND E Lisruzsiv. On the motion of Me. 11 ulton, Joseph Rowell WILb bad up to plead to an indictment charging him asib knowingly, wsltully, and maliciously publishing a i ertain false, lotillid7l - uud,eeditioas libel, tending to bring oue branch of the Legislature into contempt I also fur a libellosu attack upon tbe Magistrrti s of Mans limiter, end likewise fur a similr attack on the Yeomanry Cavalry of Chetltite und blanchestr. The indirtinet:t was then rend by the clerk. It ss as Ter, Jung, and cunt :killed s•verul comas. ice could tint collect the name of the work or pamphlet in which the alleged Jibe• was contained; hut we understood it to he an uddu is to the people of 3latisliester, who had tort togalltel ins tile kith of August, it was publisiied 011 the klel tit belt!. oilier, ut Liitaiinglions. In one count the de li-whim was rh.ugrd w ath radial% his M jest)'s liege butlit cis to an u.elitet tul meetiii,-; at Mimi:nester. The uddiess of the new drra. allexed to base beet' com •dot Jiauchrs• tit, and misused ttie pruple 10 Misr :kiloliter ineetimi as 50011 n• possible :dirt the tis.ia. stir the coon%) ; to 4 a More cuetv.stlivist 111101 than the field of Prietlou, Vit byre the) bad met Dame ; and in older to defend them• }rlvrs ti violrae, to come is it h anus in their lined —it' . Inch a:bulged ih. dt.feadast aka a libellous at- Tilt NATIONAL RtGISTER. lack tin the Howe of Common, there was one pa-sage which ate, de:alibiing the iinita 1 lumnuais as a coil tint bod;. brie nab a passage to th i s rdeet, •• If the House tit Commons is such a house, Inert let u• lont•t of In ing tunspira • tore, and fairly alai* I us object is to subvert that house•, and to erect it tutu a House of Itepreseutal.v.s of the p. ogle. 'ore. 'the Clerk, by intler of the I.ord Chief lost ice, went uu with the reacing of the indictment. '• I know vino puttli t alma nhich lots ester e • Under my t iew. taut truth Inoue to degrade and aelnuitiliae mat' th in th.it book," (until:nig the Old Testament). lu atimtlicr Couht, tide tab Cliast‘ed wait a gloss and malicious attack tin the Chi istitin erligtun. tine passage of this mla•il was orally to this etre( t, "as the grand jury hate hinted at the e Watt iOl3 of it may not be now prematurs to say a %tend upon the subject, and I for one have uu licSitSititut 6u ass. sting, that min alit y %%mild increase ut is ratio proportionate to the det rease of religion" (meaning among►t others the Chr.stian religitni); " fur every species of reit:sou" (meaning amongst Other', that of Chi ottani()) - s riosl fraud , practised by base au l designing men. uu the co tinily of maukiad, ai•d to be upheld by hurt* wbeucs. r it is attacked by retwo.t."— M A UTRA I El. Mr. 1)1. MAN moved for rt rule to show cause why a cri minal informaiiiin should not ii.sue against JOllll Arthur Bus NAL. 1%,41. 011 c of the dodices of the P. ace in sand for the enmity palatine of Lancinda r. for hay log fur tear, N eon', ornflecUon, refused to licur and ex; cc. lain et it , tendered to him tr ;ow evidence touching - and con cerning a certiiiii felony, alleged to hate hero c 11111111 l wih•tu the said county of Lanca►ter; and for having These were seveitil ocher (owns in the indictment, but vi4el log only in technical The Limit then itaiinnied its intention WA AO go 'brunt' the paper to-morrow. FIC111101:6 DAIL The SOLICITOR-GENCKAL moved for a role to. show taint. why Richard Smith, ha attorney of the Court, should nut be called spout to answer all mattes. coalmine,' in the adidnvits of which lie should state the particulars. This motion originated in an action commenced sit Naftali ham, in which a person of the came of I and others were plaintiffs, and a permit of the name of „Bliss del W ant, and afterwards removed by ceitiontri Imo the Ring's Beach. Bail was put in in the nutueitof Ann Asthy, Rowe, and John Wheatley. It was opposed on the ground that W Iseatley was a cleric to Sinai., the ticlestd.mt's attor ney. An adidavit was then exhibited, dt 1iy111,4 thatW htat. ley was clerk. to Sandi, and decl.isiti4 that he was a lace maker, resident iu the loon of Nottinhani. 'This :Ada% It purpui led to be sworn to by Smi h and others. lie Wit. Solicitor-General) was non furuishrd who au affidavit, deputed to by 11 heatley himself, setting forth that he had lost been in N °Wuhan' at the time the had was supposed to he given there, hut absent mu butinett fur Smith ; and that he n as hot a lace•maker, hut a I Jerk to Smith. The LORD ( * User JUsTICE.— You say ti c si Satith him self joined in the affidavit w Int h reptisented Wheatley to be a lace-makei, uud nut hot t :eat The SOLICITUR-CiaN ERA my Lnrd. The Loan l.niet, Jcsricr.—Tree only doubt we enter tain sr, whither goat ntti.tit is rigidly framed. Your ath day its accuse the man of a clinic, and sou tall On ISM to answer Wan—that I. to say, whether be us godly or not guilty of a crime. You should Isaac moved for a rule to show cause ally he should not he struck off the roll of at toriaies. The SoLimon GEN ca A L said, he hod intended to follow it up by a motion of that kind, but world be guided by their Lordships opinion. —The rule was then taken io the form tweeted by the Court. TurunAY Nov. !G. TILL* KIM: V. CARLILE. The Attorstry-iic;i;ralp;;;ed;; — judgment of the Court on the defendant, Richard larlile, who had been convicted of a blasphemous publication at the last Nisi Pries sittings in the city of laindou. An aid:tett was past in relative to the minstrel and price of the copies which had been sold. The Lurd ChielJustice read his notes of the trial, in which he cautiously abstained from repeating the blasplic -1110/15 matter contained in the !Wel. Mr. Denman then rose and observed, that it was not his ulijrct in now addressing the Court, to oiler any thing in the way of extenuating that offense of which the tietrn data had been convicted, ur fur the purpose of mitigatitte that punishment which the Court might think proper to indict. His mutton un this occasion should be iu arrest of judgment- The learned Comm" mainly rested his motion OR the ground that as there was a specific 4i:date for the punish ment of blasphemy, the defendant might to have been tried tinder that statute, and nut as for an otieuce at com mon law, but _ The Lind Chief Justice immediately pronounced his opinion-- that the statute 'elem.(' to did not take away Ilse common law. Its title was, '• fur the more effectual pte venting oridasplion,," His Luidsliip here lead the act, and observed that it specified peculiar disabilnies, sese rid Of Mere or vet) , considerable severity. The general rule was, that no tuiNdemeanor, at common law, could be repeated, except by the ellejl - intention and ex plebs words of the Legislatme, iii which the other three Judges entirely concurred. The Lot d Chief Justice then read his non-* of the %peons' trial, for publishing " Palmer's Ytiuctplcs of Netilllt'; after which • The defendant rose, and began by observing, that he had little to offer in mitigation of punislimeut, but would make some remarks to show why no punislim..nt should e inflicted on him. lie should, however, make no refer ence to the book, which had been the subject of this pro secution—a prosecution which would hereafter be tonal derail as unwarrantable, but which, from its good effects upon the pe , •pie of the country, would still be viewed as a fortunate uccuirence. It had excited a spirit of fire dis cussion, and cal;ed the reasoning powers of men into ears-- 610 E. It would hereafter be regarded as casting a stain and blot on those ttiouuals beture which it Mid been conducted, Mr. Carlile proceeded at great length, denying the rigid to punish him for Ins °pintail on strh a subjeet, and trimming those cifensive observations on the Sciiptuies attic:lom Indulged_in (Julius his Iris!, and which, us ue 1.11 it our ditty to society to suppress in the tit st instance, or 4141 nut nosy recent,. Atter he had concluded the Atturnel-Geaeral aud Mr Gat my ►poky in Aggravation 01 pitu.latureut: Their Loithid i t, !nett cunpalted together for a /Atoll time, of it Mr. Justice BAYLEY, addressing the defendant, observed, alai it was now his painful duty to pass upon him the sentence to Nov. QC en th wo e rk t s .‘u ro n t . orii i r i t e s i fr u r i r d beccitheir blai7l icte ten 2 iy f,°- !C - ett e a la s .:r . r u l t i : l e l l i i r a ea s d - e t t n i i : ;, : s y n tr - o t rc o r y , t t h un dermine the religious faith of the country, hope of a future state which was founded upon it. It hail with justice been 01)::CITC.1. that this prosecution was conducted fur a utak, not as against God, but as cgainst man. '1 lie crime of blasphemy was one et* the most serious eflences known to our law. That law allowed a free toleration to all. It imposed a religious creed upon no man, but left him to wor,ltip his Creator in that way which most accorded with the dictates of his 01//tI conscience. The courts of justice coLlil not interfere with any doctrines which he confined to his emit breast, fur the truth of which he discusetal with calmness and reason ; but he could •not be permitted rashly to unsettle the faith of others. The public were protected from such attempta-direeted against the very frame of society. If he tCarliley had succeeded-to the extent of' his en. tleavours what might have been the cflects upon society ? an d how mu ch might not he have had to answer for at another tribu. cal ? Neither of these corks was originally his (the defendant's) own; but, (he was ;mud to say, for the credit of his kingdom, were 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 and religious code, from the belief and practice of which mankind derived the most exten sive advantages. Let any one calmly contemplate the doctrines of Christianity, let him examine the mildness of its principles and purity of its morals, and he thought it impossible that, in the fair-exereise of Isis reason, he 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," .. Do unto others us you would they should do unto you;" and on the observance of these moral and social virtues, it built the asttur. noes of eternal rewards. The force and sanction of oaths were derived from religion, and upon their inviolability depended me safety of all those institutions under which we enjoyed happiness and freedom. The King himself took an oath which bound him to a certain line of conduct, which formed his title to the obe dience of his subjects. How else could property be secured or crimes punished, but for the sacred influence of oaths over wit nesses and juries ? The administration c f justice must stand or fall with the respect in which they (oaths) were held. The same benefit is extended to the public by the owls which persons in his (the Judge's) capacity took when they entered upon their functions, and lie hoped the country would long continue to enjoy it. It was strange that the defendant should conceive he was bcnefttting mankind by removing the securities and obliga tions by which their conduct was regulated. With regard to the subject of intention, it was doubtless their duty to inquire into it; but God only was acquainted with the inward mail; and the pewee of human tribunals could go no further to ascertain it, than by judging of his actions, and the effects produced by them: The defendant had likewise adverted to the proper object of al. punishments. These were intended not only the the reform and correction of a particular offence, but by example to deter others from offending. In the present case, it was sufficiently manifest, that a great profit had been derived flaw.: this pubLeation, and t hat although sot in a very extensive bus news, the defendant had sold 3.o(gt copies in less than a year. If a sordid m o ti ve were apparent, it should have the same influence upon others to dis appoint and deter them. Notwithstanding the obstinacy which had been !nand', sted throughout by the defendant, he had enjoyed the benefit of thee most patient hearing eart had ever done honor to a cuurt of justice. For the sake of the people at large, the bulk of whom had not leisure fitly to estintine those sacred doctrines which had been reviled, the Caner felt themselves bound to award a severe punishment. Perhaps the defendant himself might have been disauatied from pursuing the course he hail adopted, had he previously and carefully pentsed the works of Addison. Some Jennings, and I.onl I.yttleton, whom he had mentioned because they were laymen, and had considered the evidenac of cool rcii nin difKrent points of view. His Lord• ship ennelmled by noticing the sentence in the•e words : .* The sentence of e Court upon you, Ilichanl Cadge , is, that for the first often f which, oo have been found guilty, the publication of P es di edson, you pay a hoe to the X in. , of 1,00101.. 1 :, i 1 for two years in the county gatil .s of Ihnset, ...Dorchester; and 'that for the second offence. t . i : . 'obrirr's l'rineipies of Na lure, ing of 5001.; and he further you pay a fort 7 - imprisoned for one ; - ,i gaol of Dorchester. Arid you be further impels, . - tines are paid, ;and also you give security, you _ .. 'us of 1 , 00(1!., and two other' in the sum of tool. e .ti be of the peace and good be. havinur for the term or • ..*":', tura! life." . Carlile bowed, and wee • n conducted out of Coart. On lila way through Westminster-hall, where a number of idle fellows, of apparently the lowest order, had collected, he was greeted with a mixture of Mitres and hisses. The Court was thronged to excess from an early hour. PROCEEDING- AT MANCHESTER. Mf. Miff MAN moved for a fill! to chew cause Wily a cri minal information should not be filed against John * Arthur Borten, esq. one of the Justices of the Peace in and for the county palatine of Lancaster, for having, for fear, fr your, or atfeetion, refused to hear and examine certain witnesses, tendered In hint to give evidence touching and coacerning a certain felony alleged to have been commit ted within the said canary of Lancaster t and for having refnstd, er neglected to grant, a warrant fur the appre hension of the person so then and there charged with such felony as aforesaid. The motion, he obsersed,was founded on the affidavit of Charles Pearson, gentleman, attorney, supported by those of two other persons; one named Richardson, who had been wounded at itlaneliester : and the other,. K. Slimmer, who had witnessed the transaction. The affidavit stated, that on the itith of October, the first deponent attended at Warrington, as here the said John Arthur Boreal', Esq. acted as Justice of the Peace: that he there stated the deposition of Rirliardeon, which was to this effect : —That on the 16th of August, the deponent (Richardson) was walking quietly 111101411 a certain street in Manchester, when he was met and attacked by —, ( the name of the person charged is - ss not given), a mem ber of the Yeomanry Cavell)! of Manchester; that the said Yeoman cut at him with ilia sword, by which he le erived a wound which severed bin nose transversely: that oilier blows were aimed at hies by the same Yeoman, by which his hat was deeply cult ; that be (the deponent, Ri chardson) had given no provocation to the said Yeoman, and had done notbmcwhich could call for 811 Ch au attack on hint. The affidavit further stated, that at the lime the deponent (Mr. Pearson) stated this fact to Mr Barrer, the aforesaid deponent. (Richardson) was ill iittentlauce, and ready to give his infortnaii tttt on oath : a. were also a person named 11. Rhymer, who had withes , eil the trans. action; and aimillier.pesson, an old man, who was teadY to depose on oath to ancher violent attack WO lug been Made maul I by the 'aid Yeoman. These circumstan ces, the deponent (Pearson) wesitimsed to Mr. Bom an, and tooth 41 Wm in his official rapacity 111 interfere, and lake tier deposition., and grant a wattant fur 11 " slept clicosioti of the person au clues cal. 10 this Mr. B 1114111. 4 long reply, miring •everal a easel's why hr did net wish In nature's., and among others, yising the follow nig —•• that he (the said J. A. 80111113, ESC) ) declined ally official interference anti rtgaid to individuals who could with difficulty be separated tram the Manchester magis trates."