The Statesman. — London, England, 1818-08-11 00:00:00

1 1 1. 6 ' ,4 7 11, EE IGMTION 7Y) AMERICA. --••.-- We have been informed by a Gentleman who left Carlo* a few days ago, that there are now shout forty families in that town and its vicinity, who are diwesing of all they possess and preparing to em bark for the United States. Here is an abounding proof of the blessings of British Tam, and Bri• CO Intolerance. If the causes of these evils be not removed, who can conceive what will he the el. Ornate consaquences to this ill-feted country.-- Thnusatidi of families have within a short period left lrelanJ, who, to borrow the language of Janis% Could Got find that liberty at home which they , sought and which they have found in a desert.— The e are not the poor and helphtes, or even the distressed.who are thus dying for raisee to a wilder. nets--such people cannot emigrate, although if they could, it would be serviceable to Ireland, and in so me dm,. to America. The emigrants are of a different description of people—they are men who are sick and weary of bigotry. of endless impositions sad **acting's, and in fine, of all the effects of a detestable oligarchical system. They are men who still have property. or at least the wreck of pro. • Derry; who see nothiog bat the loss of all that re. wills to them, and ruin and misery to hoot, in the pe...pect that awaits there at home; and who, with w i se f ores i g ht, use the means while they have them, of transporting themselves and their families into a country of freedom, where the fruits of their intim... , try will multiply, and whore they can lay a sere foundation for the prosperity and the happiness of their offspring. The loss, however, to Ireland it incalculable • all we want, as all the world knows, is capital, an d instead of increasing our stock of it f r om other countries, we are losing what had by stealth accumulated at home; we are sending it to employ the people and enrich the Government of America, while oar fellow.cnontrymen are loitering and starving in our streets and highways. But we must Duey submit to this as well as every other gripe. eni ;, fu► the cop of our suffering will never be fell, Sibi:e *Ware as we are.—( frith Guardian.) Oki . ' CROWN DROITS. Tt *mars, from the Accounts relating to the bruits of the Crnwo and of the Admiralty, which have been printed by order of the House of Com wenn•, that the sum total received In the present time amount to EIOIIT MILLION'S Sir Hundred and Sixty six Thousand Eight Hundred and Fifty-four Pounds and a Fraction, oat of which the tvtioaing extra Items hose horn paid, besides the semi appro. pr well to the public 6414 giro PA y fro his Majevy's Physicians 't o different bran. besot ,M Royal Yawl! ... 1121.8111 15 9 To uilthags Hsd Alle.-eii.es at the Pavilion, firigh.ou and for Perniluee • ..._ 98,360 18 1 Tole;apeuces .a) different deparaareis et floalloyal Boos hold, occasioised by tlso viinlsaf Forleipt Prince to E gland . 14,579 1 4 To the Prince Regimes Domain to the Paw ad Spital.fields To ine Lard Chamberlain. on accosted of Ea. pence. incurred in time deparsaseat for the Archdukes of Auaria mad the Prima af Brazil. 1.1211 1 0 To the P ymaster of the Hoosebold for Dias LSO IS 10 To the Master of the Horse for Dille 1.163 19 0 OFNICIAI. PERQUISITES. To Lord Arden. Itegi-tray, for Pott,dago .... 17,900 8 0 T. King's Proctor, Adustrolty Praetor, aad °theta .. . Marshal of the Admiralty . Total Payments Extraordinary BOWING 1414TC11. I . l l llPfdly the Annual PfiZ. Wherry Owen by the Gentlemen of the Funny Club 11111 rowed fur by the following pair of oars:— W. Watford, Temples C. We loom!. Blarkfrlarv—Searlet. J. Covington, ste!..alinster; I'. Walker, Latabeth—Parple. T. H.H. Tem. le ; J. 'titian. Strad-lane—Orange. T Mackay. Pepper alley; C. Hall. Queenhitbe, Light Blue. J. Peters, lo aisdootortb; Ifolroyd, Whitehall—Pink. C. Smith. Arundel-main.; J Temple--Greel4 I. Wood, Strand•lone; C. Maynard, Lawiloeth—Yellow. The contest was to he decided in two hems: the first three hosts of the first heat only being allowed to row the second heat for the pike. They started at five o'clock from Westminster-bridge for the first beat, and proceeded round a boat moored off the Windmill, beyond Vaushall, down the Surrey-shore to the beacon below Westminster-bridge, and through the centre arch ; this contest, which constituted the first heat, was wan by Perple, Scarlet, and Orange, Green and Yellow having given up the contest about the middle of the heat: At half-past seven the three winners started again for the second beat from West tploster-bridge, to row round a beat at Battersea. bridge, and to return to the Prise Wherry, which was moored off Cumberland-prdens; this beat af. forded a strong trial of skill. The Prise Boat was finally won by William Watford, of the Temple, and Charles Westwood, of Bleckfriars, both distiu,. guished by Scarlet colours. It was a very hard con test, there being little mo►e than a boat's length be. tweets each of the three during the greater part of the distance.--We are sorry to conclude by stating, that a boy, who was looking from lime craft on the Surrey-side, fell into the water and was drowned. INFAMOUS TRANS ACTI6N.—A few days ago, a slow lady, named Fotheringham, a native of Ame. vice, came to town from the coast of Sussex, where she had been for some time residing with her three infant children, for the purpose of selling out stock to the amout of 8001. preparatory to a voyage to her native country. Ilaving applied to the people af the house to recommend some professional man to trans. act her business, s genteel.looking fellow was intro. aimed, who stated his name to be Fairney, and that he was a Solicitor of the toner Temple. He ap. pea redtobe perfectly conversant in money t ransactions, and after some conversation, Mrs. F. furnished him with the necessary documents, and with a written authority to sell oat stock to the amount mentioned. A time was appointed for an interview, when he was to pay over the money to her, but he has never since , made his appearance, and the feelings of the unfor tunate woman may easily he conceived, when, upon finicky, sl•e tou , d that he had absconded with the whole of her property ) haring sold the stock ou the day appointed. rr.9lr :.;,~: , WI We insert the follorolog , Paper. merely for the purpose of having it contra. dieted : it is better that a charge, which it note to spread, helmer slowly, should at once be brought before the bar of the Lowden Public, that it may meet with a satisfactory vegetation:—'a Mr. Jestice Park, who presided at the Crewa Bae, closed the proceedings on Wednesday afternoon, leaving three causes, vit. the Kiel v. Crapp, the King e. the Mayer of Saltash, and She King v. Swan, to stand over to the nest Assizes, to the no small disappoint. Went of the parties ceeterned, who bee attended with their witnesses, at a considerable espence; and who will now have to endure all the pain of sespence, until March or April neat; whew they will be obliged to attend at Launceston, which will greatly increase the espence, being at a greater distance. The As sizes for Somerset do not commence until Monday ; so that there was no want of time to go through the business at Bodmin. We have heard a cause image ed for his Lordship's abrupt departure, which we can hardly suppose well-founded. It is said, be had en gaged to dine with. Sir Thomas Dyke Acland. et his seat at Killerton, neer Dieter, on Thursday, and that he left Sodmin at five o'clock on Wedneeday . even. ing. for the purpose of keeping his appointment:tr.— ( West Briton, Cornmall Pauper.) William Hopwood was convicted at the late Sans. bury Assizes for stealing a sack of oats, and sen tenced by Judge Park to 18 months' imprisonment and hard labour ; but immediately on the sentence being pronounced, be bad the effrontery-(as the Re. port says) to direct en impertinent question to his Lordship respecting the wager for his labour, which he wished to know how he was to recover. The Learned Judge instantly ordered bit sentence not to be recorded, and altered it to that of seven years' trasportation. It appears by this statement, that al though 18 months' imprisonment was considered so adequate punishment for that transgression of thei public law upon which the mars was arraigned, yes for the offence of making an impertinent remark to a Judge, the criminality of which is neither declared by Statute, nor otherwise recognised among indictable delinquencies, the offender was sentenced to seven years' transportation—a punishment so diapropor tinned to Iris offence, as to cause an involuntary shudder upon every one who peruses the state. mega. The crime of impertinence. for which this very severe punishment was awarded, is not of an very dangerous a nature to society as to require the hasty and heavy judgment with which it was visited ; and we trust that his Lordship will be con tent to review the case, Ind limit the punishment to that amount which he had hitoseif pronounced as be. log commensurate with the clime for which alone the the coon ices indicted. Ilia Lordship's irritability was the 'object of animadversion too years since in a letter pubtistred at Eseter, signed " Russzza.;" and upon that occasion, from a reverence of the pure and blameless manner in which the laws of this coon. try are administered, we undertook, as our Readers any recollect. an humble defence of his Lordship's conduct. It is, therefore, with pain that we notice the present occurrence; but as it bee etched a strong sensation among many very respectable characters, who are about to interfere on behalf of the convict, it becomes oar duty to bring the matter plainly before Readers, that this singular case may be borne in mind, and the protest of the Public voice timely recorded on the occasion.—( Taunton Courier.) 11 _ right _ _ Eng:. *Win freely discessing the conduct Of public moil, thin is no privilege more impootatit be useful thin that Of etposing the vices of privite individuals, after the same shall be folly proved before some colispeitiet authetity; If the first of HAs rights be essential to the preservation of oast political liberties, the ieeoild must be equally so, in protecting the honest pail of society agatnstthe deigns of the fraudulent, the bale, and the infamous. Political anidisdiersion, condiete ed by a proper degree of good dente aod temper, ai well as boldness, operates as a powerful check aped the rulers and legislaton of a coubiryi While a faith: fel history of &Amok occurrenCeieonfilied throogli the Public Johrisale, not only teethes people bow to distinguish gond from bad mere, but idtimidates 1 litany against the commission of crimes; Sod even compels some people to be honest. 'rheas tied species of rights—the right of political diseussion, And the right to publish the troth respecting indiviituals, whenever the cohdoct of such 61'14411.111i tweed!, a subject of betel enquiry—Aave been eterilsed in En g. land for upwards of a century, and bate diisittguills: ed ours from all other nations in Edrope. It ii chiefly to these rights we may consider ridrselies &bird for our freedom sod our greatness ; and al; though Memberless attempts have been snide Oy cur. rapt Statesmen and Judges to curtail and destroy them, they have still, through the virtue and drin• sips, of Joliet, been presented for us. Indeed Ike' limits of political disression, and the distinctions be tween freedom and licentiousness, are stow so well understood, that he most he a very ignorant and in• 'temperate writer, who subjects himself to such prosecution at the suit of the Attorney-General, as Shall bring down spots him the conviction of a Jery , min the sentence of a Judge. At present therefore ; we have not much reason to complain of the etisting practice in criminal prosecutions for libels ; because, whatever Judges may say, the Juries, resting en the provision of Mr. Fox's salutary 13111, knew how to think and act for themselves. Bat the Press of the 'enuetry, after having successfully held not swims ehe•strong arm of power, has lately been subjected j to a new species of attack; insignificant certainly in its appearance, but not less terrible in its con. sequencer. Like one of our great naval bulwarks, that told gallantly beaten till, and conquered a powerful enemy, it is now assailed by vermin which, if 1101 speedily •stitpated, will eat up every plank of which it it composed. We contend as we mean to prove hereafter, that the liberty of publishing those proceedings wherein the misconduct of individuals happens to be disclosed by legal proof, is just as ne cest•ry to the safety of the Press, as the privilege of aoitnadvertiog on the conduct et State Ministers; that they are both inseparably connected with each other; and that if, by any forced construction of Lawyers, or under the hypocritical pretence of preserving peace and good order in society, the one could ever be done away, no Journalist could ever after venture to publish what he telt to be the vaunt respecting public men or public measures. Our attention is particularly directed to this great question, in consequence of some recent proceedings that have taken place in Courts of Justice, as well as the novel doctrines ant have been laid down by the highest law authorities. And to this part of the subject we shall confine our remarks. In our of last week we published a short account of the trial—•" Lewis against Clement"—in which the Plaintiff, an Attorney, sought to recover damages for what he was pleased to call a libel, anti which is now proved to have been a true and correct report of a proceeding that bad taken place in the Insolvent Court. We copied that accoent from one of the London Papers, in all of which it was very loss perfectly given. Having since been furnished with • full report of that - Mel, we consider it to be a dote. meat of such importance, not only to those connect ed with the Press, but the Nation at large, that we feel it nor duty to lay it before the Public. On the issue of that trial depended, whether a Journalist could ever spin venture to publish a report of any proceeding in a Court of Justice, where the improper conduct of an individual might happen to be impli cated. Had the Jury in that case given a verdict, with heavy damages, against the Defendattt, for lending forth a statement of what occurred in a Court of Justice, and which statement was proved in sub stance to have been truly and correctly given; had that Jury acted upon the doctrine of Lord rough, on•which we shall animadvert in oar sobs.: quent numbers, Printers and Publishers would, in future, be intimidated against publishing even a trial at the Old Bailey ; the City of London would be obliged to discharge its abort-hand writer, who takes down the evidence against criminals • and even the reports, which are constantly looke d up to as au thorities in Courts of Law, would cease to appear in their accustomed form. oi, thank God, and thank t o tee sensible. independent, and virtuous Jury of the county of Heist, a verdict was found for the Defendant--for the Proprietor of the Observer. - KEJvT Jutr 30. LEWIS V. CLEMENT. This was an action to recover compensation in damages, brought by Mr. Lewis, an Attorney, of Canterbury, against Mr. Clement, the Publisher and Proprietor of the Observer, a London Weekly News paper, fora Libel contained in an article of that Paper, Nov. 23, purporting to be a Report of the proceed ings in the Insolvent Debtors' Court, oa a Mr. Car ter's application to be discharged. Mr. CHITTY having stated the pleadings, Mr. blaitaYat detailed the case. He had to complain of a grievous libel—one that had been pub lished in a Paper which printed many thousands.— It went throughent thecountry as well as the metro. polls ; and it had been particalsrlyvead about the Plaintiffs neighbourhood. The Plaintiff was an at torney transacting business at Canterbury. In the course of business he became acquainted with Car ter, late a carpenter of Ramsgate. Lewis assisted him in various ways—first, by releasing him from an arrest for 121., and then by endeavouring to raise 2501. on that individual's property. Money coeld not be raised, bat Mr. Lewis advanced SEMI to the amount of 901. to relieve Mr. Carter's immediate wants. No one wool() advance money. Rowe had offered to purchase the property for 3001. provided Of 901. was SIP 1 . 00 1 • ..1 ill': • Ott Thii was refused, Gine. 9iterWilkl7.becalw tugly .iih two of his creditiii: slid he would do any thing to keep elm* abut of their' Money. In i second action; 31r. Leiiii got bail for' Mtn, but hi determined it 6406 - in prieoii; and like the bin.Go .of.the ltct There teas, ho a preiluoi meeting of ibeereilittiri;ihi , h-Mr Lewis proinised to come iii amongst the test; WO. Tided he Was piiii the Maney he bad Tido availed itot, others ciedi.tirs declining iiie pro. positions !offered. tarter then aka to priion 16 rediain for the Act, lilt gild not till he engaged With Mr. Lewis to adOsnia Money to ibiititiin bim end hill family; and in hit trolihles lie bid repiiiitedly es: presied Me patitede for the hibellts eiperliticed by Uri I.tiiii. After the idiattreetint pf iereiii !ems; fish ashiltielt 6f law expencii; Mi. L.'s bill was Vol. slid a Seetteat- of aitoritey, and mbiolegi of the pripittly, was giieit,by Cotter fi M fir Mr. Lewis's sect'. thy; lie knew o we i ll whit he signed; I.t. the wiit itio *ere email' eto him. After in prison lift eboothe,.intitead pf thief.; carter, :rented more ibuiiey still; flirt bU. Le.Ohi Was 01.0iged to ' , old his bane. This reale! disPleeSed . tarter; alp! lie then tbreatenid.to be made a batiks Opt; to &lee Mr. Lewis's tikethies; lie time eau.tionPJ 'imerse; bid after this thiiMi; Mr. L. eittii , ed jriegment ea the duelist of attorney: Eeetuti:)ii iseeki—but thWetecie Nand Ob'the Prrinieeestnt.uit.: ltd to 01. Ili. ant ittlieletit to pet the 'Thai Mr..l.essie tilt Ito liiintfit, yet he vas held opl Id the world in the Report, as One lhit: hid Com bined With Carter to defeat • his c l editoii, quit tied got all the praporty,, and that had believed uitti pethdy; end. treechetp Such was the pinion produced by the Iteenit: . •. s►. -•-. ,Il , . The libel was evidentlY prenieditated ; of iil~ mime it was unjust to publish such ralumnies4 even if the Repast were correct; Lewis nut heist; present to vindicate himself. Tbe,oloei tie psi. &ugly to defame Mr. Lessiti, iis..nnitetng nobody else hardly, and being headed;" fititioneful conduct of an Attotitey." 'llse Report,ohich ma, a column awl a half io lruslh , psnceeded to slescri' , e the u p: pllcalion of C , yet. as one possessioe • isnot •std gustiest, ettcePcl•ng 500 i. in value, Ifs ion /twitted oti the groond.oi Wasteful use -1 profits its prefertio4 Writs of Etror, Bic. of fhiptsilesalt preferring the claims of Mr. Loss of It. mseate 0341.terhory was meant). The Counsel (.bir. Kiss. t.) ass &stinted as billing 04icli. that Carter had 11.4 (hope gdilty .of fraud, on the coutrsili that " lie and his family had beets restored from a state of reipecishility by the baseness of his attort.sy, to a .tate of ositit,.dis. ease, end imprisonment." Ile (Ai; M.) *staid not Ibelieve that any Gentleman at the Bar Would have used such language. The libel toil/ that the Insolvent applied to Mr. Lewis to arrange with his creditors, is his property would pay 10.. in the pound—that he signed instruments he knee not Oat for Mr. Lewis—that Lewis had not only got a mort gage, but had seized on all Lis household property; —that be had been ruined entirely by lievitis-=aud that he was " so greatly ditiressed Suite ISIS con finement, that the moment he got his discharge he must get his admission into an hospital; for he lie 1, olr two two-penny loaves to subsist on for the Ipso. of four days, and his wife and children hail been com pelted to seek refuge in a workhouse, and Carter had obstinately remained in prison. Mr. Lewis was then accused of having improperly got the deeds, &c. hut in conclusion it *us said, " Mr. Serjeant Runnii.gton deprecated in strong language the conduct of Mr. 1.. wig, slid suggested to Mr. Ileath, that in such a fl ,grant case they ought to apply to the Court of 14it g's Broth; On the sutject of Lewis's conduct." Lastly, it said; 66 TO the peat eatisfaction of every one in Court, the poor old man was discharged." Ile (Mr. M.) would not believe that the Judge used any such language; and as to the poor old man, he was aged 46 I This Re. port was most unfair, and was garbled with observe lions;_ and many parts of it were wilfully false.— Mr. Lewis went to town. He and Mr. Williams( went to the office, bat could not get the Reporter's name ; nor would • contradiction be. inserted with out paying sit guineas for it. And after that pre. reeding it only appeared in part of the publication ; many of that day's publication having appeared with. out it. This Report contained calumoy i and that too regarding a person not present ; and he contend ed that Papers published such esparte Reports at their peril. Here were observation', and Noakes r. Stiles had established that, such an article ceased to be a report. In a case against the same Paper (Vol. land's case), Lord Ellenborough lately said, that the publication of calumny to gratify corioaity-might Ibe venial, but it vas no justification of the aet.-b-• here it was not only not a correct Report, bat it was mired op with extraneous matter sod observe. don ; and he trusted that the verdict of the Jury would establish that such Reports were nut the Reg ports endured by the law. James Mattison, of the Stamp-officr, was theft celled. Ile produced the Observer, of November 51,t, 1817, and the Paper of the following Sunday, Nov. 30. They were returned to him to be registered as turtling to the Act. Mr. Burke, from the Stamp-office, produced Mi. Clement's affidavit, sworn . before the Commission ers, stating, that he was sole Proprietor of the Ob. server. The Ihen read. The leadi fir - of libel was th log portions it bowie(' been detailed in Mr. Marryat's speech, it ie uoneceseary to repeat it. her. Richard Petman, of Canterbury, bricklayer, stated that he knew MC. Lewis. 'leveed the Paper in pub. lie company, and considered that R alloded to Mr. Lewis, of Canterbury : be knew no Mr. L. of Items. gate. There was much coorersatien about the libeti which he bad read. Thomas Pierce, of Canterbury, said he knew Mr. Lewis. lie had read the Report, and considered it to allude to Mr. L. of Canterbury. Laurence W.ititams, of Cursitur.street, an Aunts ney, stated, that Mr. Lewis was articled to him. ffs bad acted es Mr. L's agent. ,Ile had jearified bait in 1818, Wood v. Carter, and he afterwards brought a Writ of Error. lie had not the Papersa—he wee not Mr. L.'s agent now. [The Pspers were asked for, but they were not in Court.] In September, 1810, after potting in ban in glides V. Caner, he retatad instraCtioas to prepare t wort. ~.. ATArl'itS'.l,%l - t - t.-4-;.--=., _ _ -.:.-... Id .._ ... ........._.... - 'RN CIRGUnt ' RE . itIVT A ' to DRSTROY tifs his debt of LIEU? OF Pas PRESS. money. 'H r-,. itigil with Wltllletilowldfroutt toin** ll Nett to the right shich F.oglishmeti iiijiy; el s eld he wo SI. I • 4" • V t.! tr ". :14eLbar^ • • 4 .6.24 ”0) ...I ori.4 put 4114.6' be' &mi.; 'is pilitivuisr t eau( • MURDER dIT EPSOM. FUNERAL or (OX. AND APPREHENSION AND COMSIIrTAL OF HIS SUPPOSED MURDERERS. On Thursday last Ely Cos, the young man who was murdered at Epsom on the morning of Sunday atonnight, was interred, at eight o'clock in the oven. ing, at Epsom Church. The crowds who witnessed his formal were very great. He was only between 19 and 20 years of age. On Sunday the Magistrates (who have met daily since this transaction took place) who formed them. mikes into a Committee to prosecute the aWsir with the greater 'access, met @gain at the Coffee-house, sad a man named Moms Osborne was brought be fore them by May, the officer, of Union-hail, and exemined upon suspicion of being the murderer of Col. After his esamination he was committed, and conveyed to town on Sunday night by May, and lodged in llorsemonger.lane Jail. 'fhe cause of his apprehension was, that a baker's boy, who delivered bread at his house on the morn ing of Mondry, the day after the murder was com mitted, had stated that he saw an apron (such as the Prisoner generally wore) in his house in a bloody condition, and from other circumstances that came out during his esautination. The Prisoner worked for Mr. Northey, at Epsom, in his gardens, and prior to the murder he used to cut the fruit-trees with a clasp pruning knife, and on Monday, the day after the murder was committed, he used a long case knife to prune the trees, and such a knife as the Prisoner used was found near the body of the deceased. The Prisoner's sister-in-law, and a man named Saunders, who worked with Prisoner at Mr. Northey's gardens, deposed that the knife found near the dead body was very much like the one they bad seen the Prisoner use, bat they could not speak positively that it was the some. The Prisoner being shown the bloody knife, found near Coa's corpse, said, that it was not his, and that he was innocent of the murder. The Magistrates, Mr. Trotter, General Howarth, Mr. Whitmore, &c. were, of opinion that there was sufficient evidenco against the Prisoner to warrant his committal, and they committed him for re-ma tioation cm a future day. Commodore Bowt.ss is to be reappointed to the command of the squadron employed on the coast of South Americo.—The Creole, 41, is to be sent net to hint, ender the command of Captain C. B. DAMWOOD. who will Nine home the Amphion, to be paid off. Mr. T. Powrza is appointed Master of the Creole. The Parthian is ordered to be fitted for commis sion, and for foreign service. The Hyperion, 36, is taken into Portsmouth Dock for the same parpose. A thermometer, kept at Edmonton, varied, on Wednesday Int l from 47 to 91. 11 i - I J ) 1 1 t