The Sun. — London, England, 1824-01-16 00:00:00

LAW INTELLIGENCE. COURT OF CHANCERY, JAN. 15. GOURLAY TIIK DUKE Or SOMERSET. Me LORD CHANCELLOR promised to give judgment on Alcnciay. HARRIS V. BODEXHASI AND OTHERS OF THE HEREFORD BANE. The Soutcti on-GurnaALrenewed the argument in this •case, the hearing of which had adjourned over the holi 4tyri The rgader will remember that the dispute arose from lima-jobbing transactions uitieli had gone on between the plain tiff and a person of the n:tme of Garrett, late one of the firm. The bank refused to recognize these transactions, and were pro_ ceeding at law to recover the balance of the running account - Anwee3 the plaintiff and them, omitting all the items in his bolk which referred to them. The plaintiff had obtained an im, - ignetion to restrain the proceedings. The Solicitor-General new moved to have it dissolved. TRESLOVE follov:ed on the same side.--.lllr. lionxi miiied.—Further argument postponed. COURT OF KING'S BENCH, J. 15. " THE VISION OF JUDGMENT." THE EIKG r. J. RUNT. At tan o'clock this ease was called on, and the following Jury were sworn :--:. Robert Rogers, Matthew Lloyd, Robert Cook, Richard Horsepool, and C. Constable, Esqrs. Mr. ADOLPHUS then prayed a Tales, and the following per sons answered to their names e—James Chambers, John,. Iron son, William Ilussey, Thomas Jones, Thomas Beatys, George Dalton, J. Trough, and William Elliott. Mr. PATTISON opened the pleadings. The indictment was „substantially as follows : sae'" Middlesex to wit.l—The Jurors of our Lord the King, u,tgin their oath present, that John Hunt, late of the parish of Saint George, Hanover-square, in the county of Middlesex, 'bookseller, being a person of wicked and malicious disposition, and wickedly , and maliciously contriving and intending to in jure, defame, disgrace, and vilify, the memory, reputation, and character of His late Majesty King George the Third, the Father of our Sovereign Lord the now King, and of divers ethers the descendants of His said late Majesty, members of the Royal Family of this realm ; . and also contriving and intend ing to cause it to be believed that His said late Majesty was a bad King, guilty of misrule and a protector of tyrants, and that his death wa , unlamented and unregretted even by those Who attended his burial, and thereby to disturb and disquiet the minds, and destroy the comfort and happiness of our said Lord the now Kine, and other the said descendants, and to aging them into public scandal. infamy, disgrace, and contempt, with and amongst all the subjects of this realm, on the 2d day of December, in the year of our Lord one thousand eight hun 'iced and twenty-two, at the perish aforesaid, in the county Aforesaid, with force and arms, falsely, wickedly, maliciously, aed unlawfully, did print and publish, and cause to he print ed and published, in a certain printed book, to wit, iu a oertain printed book celled The Liberal, a certain false, scan dalous, malicious, and defamatory libel, of and concerning ilia said late itlaja t a, and also of and concerning his reign, death, and burial; coetaining therein, amenget other things, the following false, scandalous. malicious, and defamatory matter of and concerniaga II i s said late Majesty, and also of and concerning hie reign, death and burial ; (that is to say), " In the first year of freedom's second dawn, died George the Third ;" (meaning His said late Majesty) " although no ty trent, one who" (meaning His said late Majesty) " shielded tyrants, till, each sense withdrawn, left him" (meaning His; :aid late Majesty) " nor mental nor external sem ; a better • farmer ne'rbruelial dew from lawn, a worse King" (meaning a .worse King than His said late Majesty) " never left a I realm undone. He" (meaning His said late Majesty) " died, het left his" (meaning His said late Majeety's) " subjects still behind, one half as mad and t'other no less blind, He" (mean ieg His said late Majesty)" died. His" (again meaning His :aid late Majesty' s) " d eat h ma d e no grea t stir on earth iHis" (meaning His said late Majesty's) " burial made sonic pomp; there was profusion of velvet, gilding', brass, and no great dearth of aught but tears, save those" (meaning those tears) "shed by • caa4ualan ;" thereby then and there meaning that His said late Majesty was a bad King, guilty of misrule, a protector of ty rahts, and that his death was unlamented and unregretted even b 1 those who attended the burial of His said late Majesty : a'o the great disgrace and scandal of the memory, reputation, arel character of His said late Majesty ; to the great disquie tide and disgrace of our said Lord the now King, and his laws, to the evil example of all others in the like case offending, and against the peace of our said Lord the now King, his crown and etagnity. " And the Jurors aforesaid, upon their oath aforesaid, further pie:cent, that the saki John Hunt, so being such a person es aforesaid, and wickedly and maliciously further contriving and intending to injure, defame, disgrace, and vilify the memory, reputation, and character of His said late Majsty, so being the .fatner of our said. Lord the now King, and other the said de scendants; and also contriving nod intending to cause it to be believed that his said late Maiesty had been, during his reign, guilty of misrule, and that he was a person of mean and avari diaue mind and disposition, and thereby to disturb and disquiet Uea minds and destroy the comfort and happiness of our said Land the now King, and other the said descendants, and to bzing them into public scandal, hatred, and disgrace, with and araangst all the subjects of this realm, on the day and year aforesaid, at the parish aforesaid, in the county aforesaid, with force and arms, falsely, wickedly, maliciously, and unlawfully, did vrint and publish, and cause and procure to be printed ' sad published in a certain other printed book; to wit, a certain printed book called The Liberal, among other things a cert a in other false, scandalous, malicious, and defamatory libel, of and concerning his said late Majesty, and of and cancerniag his said reign, in the form of part of a speech therein, supposed to be spoken by a being therein called the Patrice of Air, containing therein (amongst oth e r things) th e , false, scandalous, malicious, and defamatory matter following, of and concerning his said late Majesty and his said reign (that is to say)—" He," (meaning his said late Majesty) " came to hie" (meaning his said late Majesty's) " sceptre young, he" Wain meaning His said late Majesty) " leaves it" (meaning .tna said sceptre) " old. Look to the state in which be (Meaning His said late Majesty) " found his realm ; (Mean ,ipg _ this realm) " and left it" (meaning this realm) ; " and hae ' (meaning His said late Majesty's) " annals to behold : haw to a minion first he" (meaning His said late Majesty) 1-I .rave the helm" (meaning the helm of government of this realm(); " how grew upon his" (meaning His said late Ma jewl's) " heart a thirst for gold, the beggar's vice, which can hat overwhelm the meanest hearts ;" thereby then and there Meaning that His said late Majesty had been, during his said reap, guilty of misrule, and that he was a person of mean and avaricious disposition ; to the great disgrace and scandal of the memory, reputation, and character of His said late Majesty ; to the great disquietude and disgrace of our said Lord the now King, and other the said descendants ; in con tempt of our said Lord the now King and his laws ; to the evil example of all others in the like case offending, and eneitinst the peace of our said Lord the now King, his crown and dignity. " And the Jurors aforesaid, upon their oath aforesaid, fur ther present, that die said John Hunt, so, being such person afureseid, and wickedly and maliciously further contriving and intending to injure, defame, disgrace, and vilify the memory, teputation, and character of his said late Majesty, so bring the Tither of our said Lord the now King, and other the saidsle eceadants e and also contriving and intending to cause it to be bdieved ' that his said late. Majesty was, during his-reign, an cheery to the liberties of his people and of other nations, and ghat his said reign was remarkable for great national calami ties; area thereby to disturb and disquiet the minds and destroy the comfort and happiness of our said Lord the. now King, and etiettathe said descendants, and bring them into public scandal, infamy, disgrace, and contempt, with and amongst all the sub jects, of this realm, on the day and year aforesaid, at the parish aforesaid, in the county aforesaid, with force and arms, falsely and wickedly, maliciously, and unlawfully, did print and pub , lieli, and cause and procure to by printed and published in a certain other printed book, to wit, a certain printed book called The Liberal, among other thingS, a certain other false, scanda leneonalicious, and defamatory libel, of and concerning His lea late hlajesty, and also of and concerning his reign and his torg, in the torm and part of a speech therein, supposed to be spoken by the said Being therein called the Prince of Air, con taiaing therein, among other things, the following scandalous, malicious, and defam a to r y ma t ter , o f and concerning His said late Majesty, and of and coneerning his reiga ; that is to say— "'Tis true, he" (meaning His said late al eiesty) " was a tool from - first to last (I" [meaning the said Prince of Air] " have the workmen safe;) but as a tool so let him" (meaning His late Majesty) "be consumed. From out the past of ages, since mankind have known the rule of Monarchs, from the bloody rolls amass'd of sin and slaughter, from the Caesar's school, tie the worst , pupil, and produce a reign more" (meaning more than his said late Majesty's) " cumbered with the slain. He" (meaning his said late Majesty) " ever warr'd with free dom and the free nations, as tnen ; home subjects, foreign foes, so that they uttered the word ' Liberty,' found G e o rge t h e afaird" (meaning His said .late Majesty) " their first opponent. WhoSetistory was ever stained as his" (meaning liis said late m a g es ty's) " will be, with national and individual woes?" (thereby then arid •there meaning that His said late Majesty will, during fur said reign, an enemy to the liberties of his 'ale and of other nations 4 and that his reign' was remarkabl e great nittional calamitiee): To the great di sgrace an d scan .of.the memory, reputation, and ch arac ter of His late. M a-11. 'esty ; to' the great 4iisquietude and dis grace of o ar sa id Lord , the now King, and other the said descendants, in contempt of our said Lord the now King and his laws; to the evil example of all others in the like case offending, and against the peace of our said Lord the now King, his crown, and dignity. " And the Jurors aforesaid, upon their oatidaforesaid, fur ther present, that the said John Hunt, so being such personas aforesaid, and wickedly and maliciously further Contriving and intending to injure, defaine. disgrace, and villify the memory reputation, and character of His said late Majesty, so being the father of our said Lord the now King, and other the said de scendants, and also contriving and intending to cause it to be believed, that His said late Majesty was a person of bad and vicious character, and thereby to disturb and disquiet the minds and destroy the comfort and happiness of our said Lord the now King and other the said descendants, and to bring them into public scandal, infamy, disgrace, and contempt, with all the subjects of this realm, on the day and year aforesaid, at the parish aforesaid, in the county aforesaid, with force and' arms, falsely, wickedly, maliciously, and unlawfully did print and publish, and cause, and procure to be printed and pub-. lished, in a certain other printed book, to wit, a certain printed book called The Liberal, among other things, a certain other false, scandalous, malicious, and defamatory libel, of and' concerning His said late Majesty, in the form of part of a speech therein, supposed to bespoken by the said Being, therein called the Prince of Air, containing therein, amongst other things, the following false, scandalous, malicious, and defa matory matter, of and concerning His said late Majesty ; that is to say, " He" (meaning His said late Majesty) " leaves heirs on many thrones to all, his (meaning His said late Ma jesty's) " vices, without what begot compassion Int. him" (meaning Ills said late Majesty) " His" (meaning His said late Majesty's) " tame virtues." Drones who sleep, or des pots who have now forgot a lesson which shall be re-taught them, wake upon the throne of earth; but let them quake;". thereby then and there meaning, that His said late Majesty was a person of bad end vicious character : To the great dis grace and scandal of the memory, reputation, and character of his late Majesty ; to the great disquietude anti disgrace of our said Lord the now King and others the said descendants, ire contempt of our said Lord the now King and his laws : to the evil example of all others in the like case offending, and against the peace of our said Lord the King, His Crown and dig. nity. ' Mr. Amearlius addressed the Jury, and observed, that he this day stood before them to ask nothing but a dater to vindi cate the virtuous and illustrious dead, and thereby protect the Let's skip a few short years of hollow peace, living. Upon the veneration of the dead mush of the security Which peopled earth no better, hell as wont, of the living depended, and the law equally protected both.— . And heaven none—they form the tyrant's lease And it was necessary it should be so—foit without it men could Witb nothing but new names subscribed upon't ; not pass through the world, and those whose lot it was to be 'Twill one day finish : mean time they increase, placed in functions of the highest importance could not other.. " With seven heads and ten horns," and all in front, wise perhaps so beneficially discharge them. , That the publi- Like Saint John's foretold beast ; bat ours are born cation to which he would this day call their earnest attention Less formidable in the head than horn. was a libel no man of sound mind could doubt-s-it was scandal- This was the way, after a reign of 60 years, that thi s P oe t ous, disloyal ; it was an impio us lib e l eit attacked th e d ea d, treated his subject. The Monarch was reproached for the cala whose virtues should have consecrated hint—it attacked the living, in the person of every indi v id ua l o f hi s illustrious de- mities with win c e h e was a ffli cte d b y H eaven . S atan i s t h en brought forward as his accuser : scendants. It was a libel which, beyond all dispute, could not be defended ;it possessed a character of the most aggravated He came to his sceptre, young ;he leaves it, old : and revolting nature, and the utterer of it should not be allow- Look to the state in which lie found hie realm, ed to go unpunished. He was aware that the usual censure And left it ; and his annals too behold, would be flung out against the prosecutors in this case; they How to a minion first he gave the helm ; would be htld up to public odium and contempt; but while How grew upon his heart a thirst for gold. every man insist reasonably refer to the judgment of public The beggar's vice which can but overwhelm , opinion—the honest and th e h onourable were not to swerve The meanest hearts; and for the rest, but glance from their duty in order t o court i ts favour. The prosecutors Thine eye along America and France ! acted with honour, and upon principle, and through good re p ort 'Ti s true , h e was a tool from first to l ast ; and evil report he trusted they would never desert them. What ' (I have the workinennafe) ; but as a tool cause had they to do so ? What had been the result of their So let him be consumed 1 From out the past labours? They had checked a wild sedition in its career— Of ages, since mankind have known the rule they had abated the sweling tide of impiety, and they now Of Monarchs—from the bl oo dy rolls amass'd sought to vindicate th e p i ous memory of their late lamented Of sin and slaughter—from the Caesar's school, anti revered Monarch. Such effects conferred a b ene fit on Take t h e wors t pupil; and produce a reign society, and would le ave an example worthy of being fol- M ore drenchal with gor e , more cumberhiwith the slain ! lowed by those who may come after them. It might be He ever warr'd with freedom and the free : said that had the libel reference to the Royal Family—had they felt affected or aggrieved by Nations men, home subjects, foreign, foes, Y" So that they utter'd the word ' Lilserty !' it—then the Learned Attorney- as General should have prosecuted. To this his only reply was, that in many cases respecting the Ral Family ►the Attorney- . history was ever stain'd as his will be i Found George the Third their first opponent. Whose General might not think fit to prosecute; but which men of public spirit would not a ll ow to pass wit h out i nqu i ry . Th e With national and indi v idual woes ? I . grant hi s household a b st i nence; I grant question here was not w h o was t h e prosecu t or so muc h. as did this libel deserve prose cu ti on ? B es id e , w hat injustice foll owe d, His neutral virtues, which most Monarchs want. or was likely to follow, from this mode of prosecution, rather The Poem then goes on with a corresponding ludicrou sness, than from one commenc e d an d conducted by the Attorney and, t o t h e en d, G eorge t h e Thi r d s li n k s i n t o H eaven b y stealth,. General ? The defendant wa s in fact placed in a better situa- This is the publication on which they (the Jury) were call e d an tion than he would have been bad not the present mode of pro- to pronounce their verdict. Of the publication by the defendant sedition been acted on. .First, a Grand Jury found a Bill; the there could be no doubt; and with respect to his motives it defendant had the benefit of their investigation, of their doubts f•W "Li as. not material. It was not necessary to prove that th e ge if they bail any ; b ut t h e i r finding nega ti ve d such a conclusion. - mit was actuated by p e rsonal malice towards George the To-day again it came before another Jury, but without the T hird, or personal hostility towards George the Fourth. If t h e weight, the pow er , or t h e authority 0 , . the Le arne d Attorney Poem had the effect of making their enemies rejoice, and their General to support its prosecution. The defendant also had • frie n d s mourn , i t was not die less culp a ble, what ever m i g ht b e other advantages from th e course now pursued for amongst the m o tiv e . He had adverted to the origin of the p u bli ca ti o n. others he should state, that if the C rown proleegte'd, t h e C ounse l It w as entitl e d " V erse an d P rose f rom t h e S out h ; and it woul d for the Crown would h ave t h e r i g h t o f reply, even if. no ev e seem there was some author behind who was not known, and deuce were called for the defendant ; and as in this case it was could not be reached.. It was no slight aggravation of the de very probable that no evidence would be Counsel employed for him would have th e e a . li ad ed va , fondant's °Went* , that he mit forth that which had been sent of last from a distance, and the real authors of which were safe. if addressing them. That the defendant therefore had so far no n t t h a e ge eminent there is an author whose talents might have raised him to a cause fo r comp l a i nt was perfectly obvious, and he Mr. Adol- high rank in literature, and who might have taken his place plus, rather dwelt upon it now because he was sure it would be among the first spirits of the age, connected with this publica eagerly se i ze d h o ld o f an d a d verte d to by the Learned Counsel tion ; if there is such a pers o n , I he w as tru ly sorr y to see him for the d e f e nd a nt. T hree two thin gs h e thought clear--that the degraded to a level with the base st rept il es . H e was tru ly defend an t su ff ere d no i n j ust i ce b y t h e present mode the pro ceeding; and that thepublication deserved to be condemned, its utterer punished. Its libels werenot confined to his. Ilai cstY , t° sorry to see a high and glorious name so debased ! to ate its great talents, that might have been better employed, so oc cupied. He trusted th a t such a use of his abilities was to be the dead, to the living branches of the late Kin, , , family—hut ascribed to indiscretion, and that th e world would still have to took in society and the State at large. Ire had read to them some It scandalizes morals— rejoice in their better employment. insults religion ; it makes no distinctions it levels greatness parts of the poem. S a t an was the character, in whose mouth —despises virtue—every thing kindred to all that ditemifics and . th e accusations against G eorge the Third were put ; and it adorns life or royalty, are scoff e d at anti contemned. -- it might might be said, that as Satan is the father of all lies, the fact of still be that he took a mistaken view of the tendency of this libel, the charges, proceeding from such a source, imported that there It might not he disloyal, it might not be scandalous—it might was no malice in the breast of the author against the late King. not be impious ;it might he that those gentlemen who instruct- This might be said, and it would he perfectly true, if the tome ed him were all mistaken ; and if all that could be shewn to-dav, of the poem throughout corroborated such a view of the case.— no man would retire with mor e sat i s f action than himself; for But, in p o i nt o f f act, t hi s w as only a most flimsy disguise, and then he must be satisfied that th e memory of his late Gracious could onl y Conceal the ma li ce b eneath. It might also be said Majesty was not affected—that the conduct of his life was not that the characters of Kings bhlong to history ; but it is not to maligned. It must be known to the Jury that His Majesty be said that the character of either dead or living Monarchs is George the Third died in the year 1820, after a reign almost to be left at the mercy of any daring libeller. If an hisiorian unexampled, full of goodness—f u ll o f v i rtue, thou for some should write th e re i gn o f George 111., and shewed brief char g es years before barred o u t f r o m th ose enjovnients which his sub- a g ainst h im , let him pro ve those charges, and he will not be ,Jests possessed, in th e con t emp l at i on o f t h e i r growing happi- called a lib e ll er. If, like some Roman M onarc h s , G eorge 111. ness and prosperity. The hand of Heaven struck heavily upon had been an undutiful son, a faithless husband, lost in effeminate him, and he lost his understanding. At the end of the fiftieth pleasures—if the flame of persecution had raged under his love year of his reign, publi c re j o i c i ngs were f ormed all over the teignty had been arbitrary and —if he had been governed by favourites—if his power kingdom, in gr a t e f u l to k en f or a good and honest Monarch's tyrannical—if ( as i n t hi s po e m it was virtues. And yet such w as th e man se l ecte d for the coarse and directly in s i nuate d ) he was ruled by a v ar i ce , "th e beggar's vice" indecent libel with w hi c h the defendant now stood charged ; —if this c ou ld b e said of. him, let hi m ran k w ith those who se and such were the circum s t ances %Shia it contained. In Ordi- names cannot be regarded without loathing. But if he began nary cases every man's sympathy would be awakened, and his course as a dutiful son—if the whole course of his life was under such afflictions men's nature must melt with pity. And marked by religion, by abstinence, by generosity—if there was here those sufferings—those deep afflictions, are made the no moral stain upon his character—if all which this publication ground-work of the present poem by this libeller. Ile (Mr. said of him was utterly libellous, they, the Jury, would pro- Adolphus) need not perhaps state, that int certain quarters the nounce upon it accordingly. This was the view that he enter plan had for a long time been to make personal attacks upon tained, an d lie hoped the would with which t would not suffer an artful ought to artful addres s t o His present Majesty; b a t th a t i n consequence of the treatment divest th em of that cool judgment re bestowed upon the p ar ti es concerne d , t h ey relinquished that gar d i t. Though he shou ld b e g l a d to h ay s a new li g h t t h rown mode of operation. The living were at hand to punish, upon the su bj ect, i n hi s m i n d he cou ld n ot conceive th e p oss ibili ty and then they thought th e d ea d to b e safe game. The of its admitti ng any ot h er c onstr uc ti on th an that h e h a d pl ace d home trade was not b r i s k, nor unatten d ed w i th aveng- onand with this impression' he submitted it to their serious ' ing danger, and time ' foreign wa s commence d i n a pu bli cs _ consideration. The libel had been published some time, and it tion entitled The Liberal, or Verse and Prose . from the South, might be said that the subject was now stale, and that there was which appeared about the beginning of time year 18 9 2. The no necessity to revive" it ; butt continued the Learned Counsel, choice of th e t erm Lib era l appeare d j u d icious—it was calculatd the delay ,hael. lieu Wu t ypi4bleoind was not sewing to any f a ult ed to court favou r ; an d in many quarters to obtain it ; the sound or two ago on either side. Ie left-now to:the-Jury the cas e o f a lib e l u p on was specious, and ti me i m p ort a ll ur i ng. A century an old man whodeseended toTne grave lamented by all cl a s ses it had a very different acceptation—for then it was used as sig_ —upon a King who justly obtained the title of father of his nifying irreligion ; and indeed the . same sort of principles as people : the case of a libel affecting British fame and feeling, were openly professed and supported in this work. It was a on the high point of venerating the memory of their fathers. production sent forth by those whom distance snakes valiant, Ile left it to them to say, forgetting whether George 111. was and indifference to character regardless of consequences ; and ever King, whether whet,-he descended into the grave his aches who, from a spirit of malice, were capable of outraging all feel- Were to be raked up. They, he was sure, would do their duty ing, and ransacking even the very grave. In time first number on their oaths, and he was satisfied that he had faithfully, of The Liberal there is a poem, called " The Vision of Judg- though feebly, discharged his duty. The Learned Gentleman ment." In this poem the author presumes to lay the scene in having thus concluded an able, eloquent, and impressive speech, Heaven, and with a degree of levity and wantonness—a depth proceeded to call his witnesses. of impiety that would disgrace a pot-house—shewed an tatir John Purton—l know the house, No. 22, Bond-street ; I disregard of that reverence which was d ue to the Supreme went there on t h e 2tl of December, 1322 ; it is a bookseller's Being, and a total neglect of the awe which his idea should shop; I saw the defendant John Hunt ; I bought the Liberal create. When he (Mr. Adolphus) began his address, he was of the defendant ; I paid for it ; there. were a great many admonished in a whisper not to go beyond the charge in the more copies. indictment ; but if he found that the libel had had another cite- By Mr. SCARLETT—This is the very copy; I saw the per racter besides that ascribed to it in that document, and one that son sitting before you there ; I urn an officer belonging to Bow he could only regard with horror, he did not know why he street; I bought a copy for Mr. Murray, and for Mr. Maule; should not advert to it. He should not have expected from any Mr. Stafibrd employed me to get the copy for Mr. Maule, that English writer a production of a character as this, in which the was before I bought for Mr. Murray; Mr, Stafibrd directed scene was the floor of Heaven, and in which the author's profli- me to buy that copy ; I saw Mr. Murray in his own house, gate muse affbrded a striking example, that— John-street, Bedford-row ;he is not solicitor to the Treasury ; " Fools rush in where Angels fear to tread." Mr. Murray paid me for loss of time ; he did so several times before. Mr. Stafford always employed me. I understand he Time Vision of Judgment begins thus— is an attorney ; I believe he purchased for the purpose of pro " SnexT Peter sat by the celestial gate, sedition ; don't knew who employed him ; don't know whether His keys were rusty, and the lock was dull, he is a member of the Constitutional Association or their atter- So little trouble had been given of late ; ney ; I have been paid too at other times by Mr. Shall) ; I Not that the place by any means was full, never saw Sharp and Murray together; I might have seen But since Gallic era " eighty-eight," them together in Court in the very case in which Sharp paid The devils had ta'en a longer, stronger pull, me ; I believe I did.—Was Sharp a Manchester bankrupt ? And ' a pull altogether,' as they say Mr. ADOLPIIUS objected. At sea—which drew most souls another way." The LORD CHIEF JUSTICE thought this begged the ques- And so it goes on. The recording angel's wings are plucked tion. to make pens, and he has six cherubims appointed to be his Mr. SCARLETT—I only want to know what is become of clerks, with a dozen under-clerks ; and in this way does this Mr. Sharp ?—(A laugh.) libeller proceed. It next goes on to state, that a general noi se Witness—l can't tell whether Mr. Murray.is attorney for and rustling is heard, and, en inquiry being made, the answer . the Constitutional Association. I believe lie is. I have not, is, that George the Third is dead. One of the parties then gives this account of him— In the first year of freedom's second dawn Died George the Third ' • although no tyrant, one Who shielded tyrants, till each sense withdrawn Left him nor. mental nor external sun : A better farmer nc'er brush'd dew from lawn. A worse King never left a realm undone ! He died—but left his subjects still behind, One half as mad—and t'other no less blind. He died !—his death made no great stir on earth ; His burial made some pomp ; there was profusion Of velvet, gilding, brass, and no great dearth Of aught but tears• —save those shed by collusion : For these things may be bought at their true worth : Of elegy there was the due infusiorr— Bought also : and the torches, cloaks and banners, Heralds, and relics of old Gothic manners, Forni'd a sepulchral melodrame. Of all The fools who fluek'd to swell or see the show, Who car'd about the corpse ? The funeral Made the attraction, and the black the woe. There throbb'd not there a thought which pierc'd the pall; And when the gorgeous coffin was laid low, It seen-i'd the mockery of hell to fold The rottenness of eighty years in gold. This was a handsome board—at least for heaven ; And yet they had even then enough to do, So many conquerors' cars were daily driven, So many kingdoms fitted up anew ; Each day too slew its thousands six or seven, Till at the crowning carnage, Waterloo, They threw their pens down in divine disgust— The page was so bcsmear'd with blood and dust. This by the way ; 'tis not mine to record What angels shrink from : even the very devil On this occasion his Own work abhorr'd, So surfeited with the internal revel ; Though he himself had sharpen'd every sword, It almost quencl►'d his innate thirst of evil. (Here Satan's sal• good work deserves insertion— 'Tis, that he liath both Generals in reversion.) misrule, or was tt protector of tyrants." I don't allude to the, case here ; b ut suppose it said of any of the distant ancestors or the King, would any man pretend to say it would be a libel? Richard Third was characterised a murderer by Shakepe e re• James the First (and his present Majesty is a descendant of that Monarch) is described by• Sir Walter Scott in one of last Novels —I beg his pardon —an unknown writer describe§ James the First as a most ridiculous and contemptible charac ter: and th ese, according to Mr. Murray, must all be libels. —Does he know of such a writer as Shakspeare, or that there was a King called Henry the Eighth ? Does he know that there is not a writer who does not describe him as a most tyran nical monster towards his wives as well as towards Lis subjects ? Has he read the Memoirs of ‘i r ahlegrave or Lord Orford ? Has lie read an account of the funeral of George Second, and the statements made of the deceased Monarch by person who were eye-witnesses? I don't believe he has ; but I do believe him to be in that state of ignorance which could alone justify him in entertaining any hopes of success in this prosecution. I feel mixed feelings of contempt and indignation for the person who could found a charge of libel upon the burial of any King, on who could have ;he hardihood to say that our lategracious Mo narch died uolamented. I know trot if the late sing were re gretted; I annneit here to know it—l ani full of respect to his memory, and think the Poet w as wrong i n sayin g that tears were not shed on the occasion of his death. Many persons re gretted his death, but regret springs Irons many motives—frone affection - to the deceased, from solicitude to win the attention of his successor. The death of Kings is not generilly regretted, except from political causes. The Ministers of his late Ma jesty certainly went down to attend his funeral, there they were waiting for a few hours to secure their places-Land during that time, I have no doubt, their sorrow was sincere. But as to the general shading of tears, I have heard of nothing in ducing me to believe it. Have you, Gentlemen, i-ead the his tory of neighbouring Kings--of Louis XlV—of Louis XV who died of the small pox, and who was almost litetally deserted at his death ? Other Historians too, Gentlemen, wonld :thew you, that the death of Kings is not generally a matter of deep regret. Now, Gentlemen, comes the word " thereby" in the indictment, in order to induce contempt ; and I ask how so Neither treason nor sedition are charged against this Poem, which must be the case if it brought into contempt the perean of our King. It wag not said of the late King that he was a had man, hot that he was a' bad King; and people say this p o li t i ca ll y. Many say otherwise: and it would b e just as libellous to say the bad King is a good one, as to say the good King is a bad one. Men's notions dif fer as to what constitutes a good King as well as a bad King; and in a free State like this you cannot chain up the expression of men's opinions. Suppose a King's policy disapproved Of by his successor, would it be a libel to say the former King viol a bad King ? Suppose an existing monarch to say the contrary, would you stop the mouth of every man and prevent his saying that his reign was not prosperous ? Before I twine to the par ticular character of this Poem, let us lock at what it says in plain prose. When George the Third came to the throae, the people were in a state of prosperity, hoppy and contented. The public debt w as i ncons iderable—he had a mighty empire4nd might in the justest sense be called the Lord of the British Isles ; in a short time after he placed his confidence in a nobleman, his tutor, who deceived him, and thence were said to flow the mbst afflicting discontents. I am now only saying what the hisiorian would have to say —A favourite only was then protected. A rude and violent attack was made upon him by a Paper celled The North Briton—be was in fact charged with holding a conference with the Pretender -nand a re -action was by this produced at home, While we were at peace abroad. The voice of the Stivereign pre vailed—the:Ministers succeeded in both houses, and Wilks be came the object of attack in his turn. Subsequently he was re stored tie something like Court favour, and ceased to be held are an opponent to the Court. America became the neitt subject of party discussion, and the people as usual at first took part with the King, and America was lost. Two hundred millions of money were spent, and Geo. 111. was ultimately obliged to Sign there cognition of American independence. Was all that fed to such a result good policy—was it glorious ? Perhaps you, Gentle men, will answer me. The effect to America was that she be came free, which no doubt hastened the deplorable event of the French Revolution. Dreadful as that revolution was, it still ripened the seed;: of freedom. Th e n f o ll owe d a 'war , per haps nece ssary , perhaps inevitable; though the period for declaring it might not have been well chosen. The Historian might say, that a war should have some definite and known cause—either for the Bourbons or the possession of aim island— but at all events he entered into for some avowed object- How often were the then Ministers pressed in vain to state phrase was used to introduce it— wfohratthaet they f l o as a t ir d e id e,and I ask, " .nuemnity for dui past and . state it to be ? A sort of cant fled for the past, or have we any security for the future? We are we either indemni have lost . 600 millions of money, and where is the indemnity for the past ? How much blond has been spria--how many places depopulated—how many campaigns frustrated /* True, ° s it e — cu a r n it d y at the period to which I allude, we had naval glories to consoler us; but where is our indemnity for the past, or our security for ; the future ? And even now, are men to be accused Of libel, because they say that we have neither ? The Governinents of Europe were disjointed we had seditions at home—the loss of a mighty empire abroad ; taxes were raised to a degree never dreamt of before —the Habeas Corpus suspend ed so often that lam ashamed to repeat it—the laws all taken away for a season ; and may not all this be said without a libel? My Learned Friend might write a his-, tory of all this, and find it ri g ht : b ut ot h er men shouU be also allow e d to find' it otherwise. The King was not personally blamed for the vices of his Ministers ; they are responsible but still posterity ascribes the glories and the reverses of a nation to its monarchs. Look to the reign of Elizabeth ; though she had her Cecil, yet not only the philosopher but the bulk of man kind look to her as the centre of all the glories of her reign....... Though George the Third was abundant in private virtue, still his name will be connected with waste of treasure and of blood —with foreign wars and with domestic sedition. The name of Wellington, as a soldier, will grace his country's annals, but they will be associated with George IV. It never fell to the lot of man to fight more pitched battles than Wellingtoh. Such a succession of victories never immortalized any other individ ua l and as they swell the fl oo d o f g l ory, which 'will flow down to posterity, they must be connected with the name of George the Fourth. But suppose another man thought differently, and wrote or said so, should he be therefore held guilty of a libel ? I presume, Gentlemen of the Jury, that you are: acquainted with the literature of the times; that you know sdroething of the Poet Laureat, and between the contests of theriyal bards I shall not meddle. But I must tell you that he published a. poem Called The Vision of Judgment, in a new form of verse, in which even the great Milton failed. Mr. Southey, however, persevered, unsuited to our language as hexameter is. - - The subject of his poem is the death of his late Majesty, who is represented as entering the portals of ' He,aven.— The Almighty himeelf is introduced, certainly not a fit Person age for a dramatic representation, though in France and Spain it is not unusual. A multi faced Damon is also introduced as the accuser, and he is desired to call his witnesses lie calls Wilks and Junius who answer th a t th ey h ave nothing to say against th e Monarch, as death has put an end to all their ani mosity. Washington himself is introduced, though not with the greatest delicacy, on an occasion of the trial of the ft. , hvvereign against whom he fought with so much success. Well, then, Gentlemen ' the obje c t o f th e P oem now called a libel i s i n ridicule of Mr. Southey's—it is a burlesque carried on with the same sort of agency and machinery, though not in the same verse. Much stress has been laid on the line—"A worse ling never left a realm undone." But what dbes that mean ? Why nothing more than the unexampled weight of out debt, and the expence of blood which was shed in the contests during His late Majesty's reign. And in that I can see no libel. I here, Gentlemen, m us t quote rather a remarkable paseage which certainly does appear to allude to the present King, ebot which Ido not find in the indictment. It is in the 12th StaOee, which I shall read for you : He's dead—and upper earth with him has done ; He's buried ; save the undertaker's bill, Or lapidary scrawl, the world is gone For him, unless lie left a German will ; But where's the proctor who will ask his son? In whom his qualities are reigning still, Exeept that household virtue, most uncommon, Of constancy to a bad, ugly woman. that I remember, been employed to buy a Book, called Southey's Vision of Judgment. I have read part of that Book. The LORD CHIEF JUSTICE wished Mr. Scarlett to point out a passage. Mr. SCARLETT read the passage----" Asmodeus carrying Southey up." Witness—l never read that, nor heard Mr. Murray read it. Mr. SCARLETT next read stanza 11)2: Ile ceased. (Southey); _and drew forth an MS. ; and no Persuasion on the part of devils, or saints, Or angels, now could stop the torrent ; so Ile read the first three lines of the contents ; But at the fourth, the whole spiritual chew Had vanish'd, with variety of scents, Ambrosial and sulphureous, as they sprang, Like lightning, off from his " melodious twang." Witness—l never read it or heard Mr. Murray read it. I don't know that the poem was written in ridicule of Southey's poem. Mr. SCARLETT asked if lie knew these two lines— " But stuck fast with his first hexameter, Not one of all whose gouty feet would stir." Witness—l did not. Mr. SCARLETT—Do you know what an hexameter means? I believe I am an hexameter.—( Loud laughter.) Mr. ADOLFnus proposed the passages charged to be read. Mr. SCARLETT thought the whole must be read. The LORD, CIIIEF JUSTICE said, the best way would be to have the passages charged as libellous read first, and com pared with the - record, and than the whole could be read, if Mr. Scarlett wished it. Mr. SCARLETT agreed, and looked at the Record while the passages in the indictment were read.—(See indictment.)—He then desired the whole to be read, though he regretted to have his Lordship detained so long. Mr. ABBOT then proceeded to read the Poem from its con mencement— Saint Peter sat by the Celestial gate, • ill i i F • and finished the perusal with the following address : Ile Raid—(l only give the heads)—he said, He meant no harm in scribbling; 'twas his way Upon all topics; 'was, besides, his bread, Of which he butter'd both sides ; .'twould delay Too long the assembly (he was pleased to dread), And take up rather more time than a day, To name his works—he would but cite a few-- Wet Tyler—Rhymes on Blenheim—Waterloo. He had written praises of a Regicide; Ile had written praises of all Kings whatever; He had written for Republics far and wide, And then against them bitterer than ever; For Pantisocracy he once bad cried Aloud, a scheme less moral than 'twas clever; Then grew a hearty Antijacobin— Had turned his coat—and would have turned his skin. He had sung against all battles, and again In their high praise and glory ; he had called Reviewing " the ungentle craft," and then Become as base a critic as e'er crawl'd— Fed, paid, and pamper'd by the very men By whom his muse and morals had been maul'd : He had written much blank verse, and blanker prose, And more of both than any body knows. He had written Wesley's life; here, turning round To Satan, " Sir, I'm ready to write yours " In two octavo volumes, nicely bound, " With notes and preface, all that most allures " The pious purchaser; and there's no ground " For fear, for I can choose my own reviewers ? " So let me have the proper documents, " That I may add you to my other saints." Buchmaster was called, and spoke to the identity of Mr. Hunt. 610gs_examined—I am an army clothier; I read The Liberal; lam not a subscriber to the Association. lam called by Mr. Murray here. Mr. Scaar.ETT — And only to say you know Mr. Hunt? —Yes. God bless me I thought it was to give your opinion of this Poem ?—No. Mr. ADox,yet us said that was his case. Mr. Scan LE T T then ro se to a d dress the Jury.for the defend ant. He began by observing, th at if h e possessed the talents ascribed by his Learned Friend, this was not the occasion on w hi c h h e should feel himself called upon to exert them. He would not attempt to increase in their minds the ridicule, con tempt, and indignation which such a charge as the present must have excited in their minds, and, in his opinion, in the mind of every honest man. Never on any occasion had he lamented more his want of those talents; and if he pos sessed them, he never felt more .sensibly that the very energy of his own feelings would depress the exercise of them.— Mr. Scarlett continued---" I never expected to hear it gravely urged in an English Court of Justice, that the publica tion of any opinion s or sentiments of a deceased Monarch was a libel,—a lib e l a ff ecting the living Monarch. My Learned Friend h as very anxiousl abstained from the law of this case, and with goo d policy le tt the law to my Lord. In stead of stating the l aw , h e betook himself to fine fields of de clamation, to topi cs which might raise your feelings, and excite rwish be had conducted your somewhat of party f ee li ng. un derstandings to a tr ue d e fi n i t i on of the law of libel, and pointed out under what h ea d o f t h at law this prosecution is founded ; that you might ha ve hi s not i ons on the subject, and that I might have the benefit of ascerta i n i ng their value. He has declaimed on demerits not in the indictment, but he has left to me the task of stating the law to you. I trust, therefore, for your ' indulgence, while I at least endeavour to explain this point, and to prove to you that the record of this indictment is a disgrace to this Court of Justice. A libel, Gentlemen, as defined to be a libel, " because it tends to be a breach of the public peace." Why does it tend to do so? Because it excites a desire of vengeance inconsistent with the public peace. If this were not prevented, we should be brought back to a state of nature. A charge against a living Monarch is not a libel, because he cannot be supposed to feel a desire to break the peace. He is entitled to reverence and duty and all outward forms of submission. Therefore any attempt to bring him into contempt is sedition, and not because it tends to break the peace, but to weaken the ties of submission to Government. Govern ment is the result of public opinion, and it might therefore b e of importance to check every attempt to bring its head into contempt. My Learned Friend has said that the good fame of the dead must be protected on account of the living. It is so, because attacks upon our fathers tend to excite yon or me to break the public peace. Can that be said of a Monarch ? I hope never to see the day when the maxim will be received in a Court of Justice, that any observations on a deceased Monarch are a libel on the living, Monarch; because if it be, there is at once an end of the truth of history, of liberty, of opinion, and of the very best principles on which social institutions are founded. When a Monarch dies, then it is of the utmost importance to have the opinion of the times. Kings are connected with his tory; their records are lessons of morality to rulers and na tions. The divinity which " hedges in a Kind" shuts out truth while h e lives • but when he is mi xe d with the earth, and lies undistinguished in mortality, it is of the utmost im portance to mankind, and deeply interesting to yourliberty and safety as men and Englishmen, that he should be subject to free and full discussion. But it is only truth that must he said of him ! If any thing in the least affect his character or offend his successor, it is a libel ! If so, there is an end of truth and freedom. If nothing is to be said of a de ceased Monarch but what is pleasing to his successor, there is an end to historical t rut h. If we are to b e condemned only to panegyrics, what faith is due to those who ga ther from the past rules for future Governments ? The greatest of ancient historians (Tacitus) the most perfect master of historical wisdom, says that in the time of Augustus there were not wanting persons who could tell the truth, but that adulation prevented them. Shall that he said in this country ? Shall the verdict of a Jury sanction it ? Al low me to state, that I may not be misunderstood, that if any man write respecting a deceased Monarch, with a view to in sult the existing Monarch, it is criminal and ought to be pu nished ; and if the defendant has done so, I consent to . your verdict against him. But that is not so. If all the virtues of his predecessor were stated as a contrast to insult the living Monarch, it would be criminal. My Learned Friend has said that this prosecution proceeds, not from the Crown, but is the effusion of onesef his subjects. I give no opinion of political characters or measures; but the present King is surrounded by the advisers whom the late King raised to office, for time and power. This is rare, if not unexampled. And I ask to whom ought his memory to be particularly en deared ? Certainly to those persons who honourably exercise the high powers with which they have been so long itivested. Yet not one of these persons appear to prefer any complain t This work is altogether for the closet—for the statesman—ru t for the vulgar mind. There is not one of His Majesty's Mini sters but must have read this work, and yet not one of them have now come forward. The Attorney-General takes no part here, and in steps an Association to do that which, if' necessary to be done, would not have been neglected by him. All I use this for is to chew that no man of letters or of station has ventured a complaint against this Poem, which has been designated a coar se and indecent libel. Who i s M r . M urray ? d oes he know any thi ng of this Poem ? I deny it ; and with all his ability in other respects, I must take leave to say I neither consider him as a Statesman nor a Philosopher. I have every respect for a Jury ; but I con tend that the character of a deceased being, or the criticism of a Poem, are not proper topic s f or t h e i r inquiry. I d eny i n the strongest terms that itis a cr i me i n any man to "i nten d to have it believed that a deceased King was a bad King, was guilty of Now I ask, why were the last three lines omitted ? If the olject was to punish the Poet for a personal allusion, I see none in the volume which would sooner have expected to find a place in the record ; and why is it not ? You, Gentlemen, must find the reason. In fact, Gentlemen, if this Poem be a libel, Milton a td Shakspeare, and many of our other grest poets, should have been over and over indicted for a similar offence.—The Learned Gentleman then proceeded to contrast the personages of 'tl e two Poems, and contended, that as Mr Southey had his Astno dtug, and es Lord Byron had another, it would be as fair to punish the one as the other • in neither did he see any god ground for saying they were ' libellous. The two Poets took different sides, and the whole object of the Noble Bard was to ridicule a brother Poet. It is said that the Noble Lord did not wish to attend here; but• he (Mr. S.) had authority to say, that if he knew of the prosecution he would have been here, although he (Mr. S.) was rather confident if the Noble Lord was here that Mr. :Murray would not have thought of it. historians and Poets were not to be tried by the same test— , the Poet at all times was allowed a licence, and he said with one of them— • Gadzooks must we look For truth in a song ? He asked the Jury if they were prepared to say that a de ceased Monarch must not be talked of; for if they fou;nd s verdict against the defendant, they would lead to a most dan gerous example. The Historian and the Poet must have pato