The Sun. — London, England, 1820-01-29 00:00:00

• ;:,‘, I ,17 , _ 4P Air' NVAIBER sSCO .] MANCHESTER, TIIURSDAY, JAN. 27. SALFORD SESSItiNS.-LIBEL. Joseph Shaw, of Bolton, charged with libel, was called at the sitting of the Court, and waited tor full an boor, but not appearing, his recognizances were estreated. Robert Ogden was next called, but Mr. Daniels, solicitor for the prosecution, stated, that he had had no instructions, anti that be bad told so to Mr. Nadin.—Not Guilty. ~,.. , %~"i - ;,: i. -- ' • ; .• CONTRACT FOR FLOUR 11.°YAL HOSPITAL FOR SEAMEN AT GREENWICH, January 26, 1820. sUCII Persons as may be willing ;0 Contract for Supplying this Hospital with Fi‘'e Hundred Sacks of FLOUR, may deliver in their Proposals to the Directors %I the said 'Hospital, at this Pi cc, on SATURDAY, the Sty February ensuing, at it o'clock in the Forenoon : and in the mean time he furnished with Forms of Proposals, and acquainted with furthor particulars, by inquiring at the steward's Mice here. Nx• No Proposals will he received after the hour afore lai4ittor will any he attended to that are not agreeable to the aid F orms; nor unless the Parties personally appear. TEnrnsu GAL' ERY,.PALL MALL. BIS GALLERY, h)r - the' EXHIBITION tmd SALF f the WORKS of MODERN ARTISTS, Rill tie OPENED ' o ' rt MONDAY NEXT, the 31st Inst. B Order, JOHN YOUNG, Keeper. Admission, Is.—Catalogue, CHURCH PREFERMENT. P r ° S°l4l). in his FR sttbject to Ow Li A n To th! M I C ITL n X e N " I t ) : o ° l :c4i'tSo(rlNlnu in ooe of For t • ar , culars apply POSTPONENI ENT OF I)RAWING. rui SIB respectfully acquaint.; best f the latlie, • r 'le , ids, the Public, that. in conserinen:i; K ENT, t ed H of his Ituyal Highness the Dyi,‘ . l, . _ (1 . 1 w DaY's Drawing 44f .sTATE, LOI , IEIII , ds to have talicn place On Sr it may, the 29th inst. Oril POSTPC.':EI.), der of the Lords CoinniiF.sioners of his Majesty's Tru,silry, T° SATURDAY, stl FEBRUARY. ~"--~__ 13 Y ORDER OF GOV!...R.NNIENT. Th e D raWn'g cif the Lottery which was to have taken place this Day IS POSTPONED TO SATURDAY NEXT, FIFTH FEBRUARY. •sp r WHEN THE WHOLE WILL BE DECIDED. at "! 3. SIVEWRIGHT, the Contractors, 1 4t1 ,.' Respectfully announce that the Wheel contains Two 34 1( zEs "f TWEN rY THOUSAND POUNDS! Money, be it nearlv i,nt.:o other Prizes of vaCous Amounts, making Riowhol, an EXCEYi of t;,.5 , 181. beyond the nsnal Prize I .) ,"fY t:ie Lottery. The Whole will be Drawn on SATUR- Y. rehruary 5. anal J. SIVEWRIGHT, who Sold in Last Lottery, tx , Zf a Prize of 20,000 i., hope to experience a continuance tesfertnee sh ewu to their old Efsletbli'hed and Fortunate 37, CORNIIILL: 11, TIOLBORN; „ TIAY.\.I ARKET 1 ; I 141, OXFORD-STREE T. "'hevo 'rickets and Shares are un Sale in great vat iety. r r iE Atticles are f:, , 01d by most Pa furriers I, T KINSON'S VEGOVAIILF, DYE, changes grey or red ~L ; tir to 4 , perman en t b rown or black, which witching Len `ttts more durable. The Proprietor hopes this dye is ton Reiter:illy known to require eukkritim; he merely wishes to caution th e P a hli e various Imitations—tile Genuit4.• bats ni wa r s tht Propri,t,,r's signature. to ATKINSON'S ( URUNG FLU;!) gives a beautiful gloss ter the Hair, and tee ps it in curt (iring exercise in dancing walhing t or in (1;11111, weather. It is also a most surpris ;lng regenerator of the Hair; for its peculiar virtues ha this ,"iwet, see numermis cases of GetWerne;t who have ecovered "'t'ir Hair after Icing :Atli] fur years, iu an Essay on the Na tort; of the Hair enciosed round each ATKINsoN's Amnuosim, SOAP, made by a new pro vf!", whicli divests it of ail irritating qualities. It removes s) lei redn ess , an d h ardness fro the shin, prevents its 1 i''aPPing, and unthe m s it soft, whit e , an d even. It is also pre ,,.r,,(1 with Napl es S oap, f or shaving, and is peculiarly ii , 6 , k :pt u d to Gentlemen who have t en d er f aces. I t b races the „, and makes the razor cut much easier than by the com ej N 0.44, Gerrard -street, Soho-sqnare, London. c - - AUTION TO moTHERs.—At a critical ~ _ season, like the present, Nvhon Children are 'feetliinLt:, 'oe utmost attenti on ought to be paid to them, particularly th , M e Measles a n d C h i ncough are so prevalent. If the nl " "f the Plats conies with any other disorder, very few curt recover. Mothers ought never to be without the AM F.- ItICAN SOOTHING SYIi:UP in the Nursery, for if a Child `tallies in th e n i ght with pains in it s gums, this valuable Me eteme applied will immediately open the p ores , heal the !Pubs, and thereby prevent Fevers or Convulsions, for *honk.' I s t . eolne in competition with any other d;sorder, it often de ,`.r!)3.'s the Mother's brightest hopes. Parents who may he s ' . ,,„?' ,. c i itis of the virtues of the Soothing- Syrup nosy refer to the r 11 u cut eases that have apiieared in the Meets papers fo the,,e hest tett years. Sinc e Mrs, Johnson has appropriated qtr ` hone twice a. Week, viz. front nine to ten o'clock 11l 'hies aty and Slturday morniftgs, to the Poor w tillii.e.:ed in cutting their Teeth, by h i ; _r.m.c.ng a letter from ;A ho have Children Aged,i ):'l,Ceper, that the mother is a real object of charity, has thieve it so universally known in almost every family whet a ' 'ire vouto, etzild", , m r ... J. ho . great a charity pes so Will not lieatsuS'ed T„ be had of • _ , as, it is out of tier private pu . rse. .. tite Proprietors, Johnson and Williams. No. 44, Nuwmaii-str p iTon, • ,et, Oxford -street, London : and, by their ap- C' Q ountr ( v nt ' " ,2 1 , d c 1 , t t he P r ; n ciPal med. • -‘'enders in Town and - a t . --•-,.. tier mutt! . lc" . - I - for Johnson and Williaaws soot i tti ,; ~,' .---lie sure to As' ~. P )' 'il). „.................................____ ÜBLICATioNS. Just plihMtie ... d pi i.!e TUE NATURE ao(i' T T H ExEN of CRIS n TIAN DurrYst.ited and enforced, with a more int e.edinte Referenc e t o the present Times; i n 1 Sermon Fleach d in th e Parish Church o f St. Mary, Guildford, D Y the Rev. JOHN STEDMAN, M.A. Head Master of the Royal Grammar School. With Notes and Additions. Printed by A. J. Valpy London byWillimus, 10. Bed Li° n'ewirt Fleet-street, ; Pallier, Oxford; Guildford.'Russel, Just published, Embellished Wth an Elegant Frontispiece, 9s. hoards, pir NIE'S TELESCOPE, for 1820, or a Corn , plete GUIDE to the ALNIANACE ; containing an Ex :Plfanation of Saints' Da\ s and. Holidays ; with Blush ations British History and Antiquities ;- Notices of obsolete Rites an d Customs ; Sketches of Comparative Chronology; Astro- Hotnical Occurrences in every Month, comprising Remarks Zt",.'l's the Ph enomena of th e C e l est i a l B odies; and theNatu • . .. . " Diary, explaining the variouss Appeat . ance . s,tit ,the titimal and-Vegetable Kingdoms. lo , which is ptenxeti an - cr°,d.ucton, containing the Outlines of Entomology. ' Tltne's Telescope is compiled with skill and judgment, and contains much desirable miscellaneous information, par ticularly on some parts of Natural History. We recommend this Work tot he attention of our juvenile readers, who will find it, an agreeable and instructive companion."—Monthly 11.eview,The S for Nov, 1516. S vc a l so M. IL fur August 1817. ''' the :it ix preceding V o l umes o f " Time ' s Telescope, " ILO Years 1814, 1815 , 18 ' 18, 1817, 1618, and 1819, missy he , price 9s, each, in boardi. I,,ndon: Printed for sherwood, Neely, and Junes, Pater nu;Aer-low ; and sold by all Booksellers. . ..... 30 , VA' 'lO- ... ' - ; I : pi ' •. 4 ..,,,,,, , V%* A ‘" , , • ~...- . 0 ..... _ :t , ;.-,,,..:-. -, ...a... 0 SATURDAY, JANUARY '29, 1.20. ASSAULT ON AUGUST 16, 1819. Thomasllor was brought up to answer for an assault column:ell with riot. The Clerk—Von submit now ? Prisoner—Yes, Mr. ASEIWOFTH—The prisoner had now plead ed guilty. The atrsault and riot had been com mitted on the memorable lath of August. On the evening - of that day the' Magistrates had diret:ted the pnblic-houses to be cleared. Mr. Withingt on (a yeoman), a constable, was employed with others in clearing public-houses in Pendleton, whets a crowd collected, and stones were thrown by some. Mr. Withington, anxious to disperse the crowd as tniidly as possible, remonstrated with them, and particularly with the prisoner, who was most active, but he remonstrated with out effect ; the prisoner assaulted him ; Mr. Wi thitigton had his coat torn from his back, his waistcoat likewise, hut he firmly and resolutely (indeed, Mr. Withingtoo was distinguished tot' his courage) stuck to the prisoner, and took him into custody, although in the midst of a crowd. The pti,oner had been imprisoned ever since the 16th of August, and now Mr. Withington second ed his plea of guilty, and thought that sufficient punishment had been suffered. The Court, how ever, would exercise their discretion. CHAIRMAN—What situAion is the Prisoner in Prisoner—l am a tailor. CHmamAs—A journeyman tailor, I suppose. Prisoner—Yes. CHAIRMAN—The sentence of the Court, consi dering the time you have been imprisoned, is, that you py 61.8(1. to the King, and enter into recor,- nizances to keep the peace, yourself in 201. and two sureties in 101. each. Sureties were provided soon ►afterwards. Henry Junes, ❑o evidence being offered, was acquitted. LIBEL. Mr. WlLLtAngs moved, that the trial of John Charlton (\lr. ‘Vroe's servant) should next be proceed ed in. _ Nlr. Cot:rmaN objected ; and urged, 631 as Dark! Wroes case stood first iu order, it ought to be taken hist. Mr. WILLIAMS that he was for the prose cotion, anti had tiberefore . a power of using his discreihw. Io the exercise of that discretion, he, ivith his friend Mr. Starkie, thought that it was more for the purposes of justice that Chodton should he (tied first,- As to the order of the paper, the Court, like all Courts, were masters of their paper. Ar Assizes nothing was more common than to alter the order in the piper. But on the behalf of the prosecution he had a right to choose, and in the exercise of that tight his election was for Chorlton if called on to give his reasons, he was quite ready to do so ; but he had a right to make a naked election. Mr. STARK! g, on the same side, stated that this was not a question between two parties, as to -which of two indictments should first be tried; it was only a question as to the order of two prose cutions. Mr. HAY.--1 consider that the prosecutor has a tight to make election. Mr. Nottßis. He has the right ; he may give it up if he please. Mr. Courmat.T.—Well, if he do so, I'll take it in that way ; hut as to the practice at Assizes, no priotity is ever given to any cause without the consent of the patties. I know of no instance of any alteration having been mule in a paper without cause ; 1 know no dictum of law to sanc tion it. Mt. WILLIANts exercised the right claimed. John Chorlt on, a respect able looking young man, took his station in the passage between the table and the dock. On the Bench were the Rev. W. R. Hay, Messrs. C. W. Ethelstone, and -- Horton ; J. Norris, R. Fletcher, J. Silvester, and J. Watkins; Captain Bit ley, and Mr. Moore. Mr. STARKIE opened the case. This was an indictment against John Chorhon for libel. It charged that he, being an ill-disposed and mali cious person, and maliciously contriving to bring the soldiers of onr Sovereign Lord the King into discredit and disgrace, by charging them with murder and cruelties, had publi . shed the following libels—( Fide Manchester Observer, Saturday, Au• gust 28, 1819 " Peter Loo Massacre !! !—Just published, Ni. I, price 2d, of Peter Loo Massacre, containing a full, true, and faithful account of the inhuman murders, wounding's, and other mon strous cruelties exercised by a set of internals {mis-called soldiers) upon an unarmed and distressed people, who were constitutionally assembled to consider of the best, most legal, and most efficient means of alleviating their Unparalleled suf fei lugs, when they were broken in upon .by bands of armed ru gians, who murdered many, and cut and maimed hundreds more ina horrid i:!anner." Mr. WILLIAMS addressed the Jury.-11 in this case any expectation was entertained, that in its discussion any genet at principle, important or valuable, on the subject of free discu s sion, was in volved, he who entertai,ed that expectation took a wrung view of the question, and formed a mis taken judgment of its nature; because, if he un derstood the subject, there was no one point in this case to which Englishmen were ever alive ; there :vas no questio n connected with the free. door of the press, there was no topic ever used by the advocates of that freedom ; there was no thing of this description touchal upon by the en- \\.\ eitiiry of this day. He had not formed this opi nion lightly, because, unless they could at once discover on the face of this publication that it was a libel, he would not ask their verdict. It would be utterly vain to look in the publication for any - one argument, fur any one point of discussion, for any narrative ; it was plain, simple, undisguised, unvarnished abuse ; in other words, a libel. He was ready to Omit, that in all cases of public discussion or political libel, as it was called, a Jury, as well as the whole of the country, must feel considerable emo tion. Nay, further he would say, and he would always contend, whether he was for the prosecu tion in one "case, or for the defendant in another, that it was highly necessary it should be so : and if a long process of argumentation were required to prove the libel, if it approached the boundary between fair discussion and libel, large, liberal, full indulgence (night to be made. Could he say more ? Would thea`alefendant suggest any thing more..? If, lie would now suggest aby thing of the kind, soy language, any indulgence beyond this, fur he had no counsel, he would press it upon the consideration of the Jnry now, when he was stating the ancient impreseriptible right of Englishmen to discuss the conduct Of Government. Had the defendant fairly meant -to discuss some public measure, to suggest some improvement ; or had he abandoned that line, and gone, without disguise, without argument, to the publication of a malignant libel? He asked whe ther, from beginning to end, there was one point of argument. The tendency was not to be made out by inuendos, as it was called ; it was given in as express terms as the English language could express it. " Peter-Loo Massacre "—a warmish title l.—(The Learned Gentleman read the whole passage.)—He put it, whether there were in the English language terms to excite angry feeling if those did not. No invention could supply harder words. Where was the argument ? where the discussion ? ‘Vhen they cast their eyes over it, for. it %voidsl be handed to them by the Chairman, they could not discover one single argument, one single line, one single point of discussion ; but they would find,it a comprehensive, summary, unmixed publication of abuse. It was a paper which did not carry on the head of it any discus sion ; but a promise of something to be given sometime afterwards. It contained the expres sion, " who were constitutionally assembled to consider of the hest, most legal, and most effici ent means of alleviating their present unparalleled sufferings." As to his opinion (Mr. Williams's), it was not worth having ; btu one of the greatest lawyers in the country—he was placed at the very Mead of the. law, and they trust, therefore, be lieve that he was the greatest lawyer—had said, that there was not a constitutional lawyer in the country who could say that the meeting was a constitutional meeting. Buf the charge was, that this was a libel to bring into hatred and contempt the soldiers of the King. To say of a man that he was a murderer was libel ; to say that he bad cut and maimed was libel ; to call him ap infernal, an armed ruffian, was libel. He repeated that there was no question here whether it was fair discussion or libel, in which it fairly belonged to the Jury to say, whe ther the one or other was intended. The whole of that topic had no bearing at all upon this case ; it was a case of plain, simple, unmixed accusation, without one single observation to qualify or It t it down. The sting was in the tide: It'was said of certain publications, as of certain insects and reptiles, that the sting was in the tail. So it was with an epigram. But this publication was full of sting ; it was a 'porcupine ; there was a sting in every part. After the title, '' Peter- Loo Mas sacre," there were three very appropriate points of admiration. The defendant, and not the author, was answerable ; that was, they did not know whe ther he or who was the author. The publication of libel was the offence. As knowledge was not knowledge till it was revealed, so libel was - not libel while it remained in the pocket. There wereseveral indictments against. the defendant's employer, Mr. \Vroe, which, as they had been removed to an other Court, were not putter their consideration. The object of this prosecution was, as he was in structed, to bring tinder their consideration, and to punishment, those who aided and abetted in this injurious publication. Although his autho rity was not coital to !hat of the Lord Chancellor, yet lie would with deference say, that selling a libel was libtllon,, and had been so for a century, as clearly as taking a watch out of a man's fob was larceny. The defendant would he proved to have sold this paper, which did intend and mean to bring the soldiers into contempt and disgrace. There was nothing in it in which the subject of libel or discussion was involved. lie desired larger bounds for di,=cussion than 'any lawyer or counsel ever did, and he hoped be never should survive that day when perfect freedom of disens sion should cease ; but here there was nothing but I unmixed abuse. John Haweross proved the purchasing of the paper (Manchester Observer) of the defendant at Mr. Wroe's, Market -street, Manchester. In an swer to a question from the defendant, lie said, that he had seen ILtn frequently employed behind the counter. Mr. HAY.—FIAve von any thing to say in de fence or rxtenual i on ? The Dcfendant.-1 had no intention, as imputed by the indictment, to bring soldiers into conti'mpt, or to excite disaffection. 1 euterrd into Mr.' Wroe's employment for the purpose of obtaining, as I thought, an honest livelihood, 1 hope the Gentlemen of the Jury will not find me guilty for having endeavoured to obtain an hottest li.ve .lihood. Mr. HAY. --Gentlemen of the Jiiry—Comider ing the situation iu which I stand, it tNotiicl be very iniproPel II me to make any obser cations.--- [PRICE SEVENPENCE. In many cases it might be necessary, here it is not, to offer any remarks, for the libel is so clear that it cannot be mistaken. I have only to say, according to the power vested in me to give my opinion, that this is as gross a libel as can be.— If any one chooses to take on himself to sell what may be a libel, he is answerable for it. The Foreman took the paper into his hand, and turned round to the rest of the Jury: In about one minute he returned 3. verdict of Guilty. . When the clerk read the Advertisement on which the indictment was founded, the defendant (Chork ton) was asked, whether he wished the whole to be read. He said, he did not. WILLIAMS—The Jury will see the whole ; you have therefore a right to have the rest read if you wish it. Defendant—l don't wish any thing respecting it. It was not read. It is as follows Edited by an Observer, " *;,‘• In the course of the work will be given all the public plae.rds which were issued previous to and after the bloody tragedy; with , every authentic document that can he pro cured, tending to exhibit in their true colours the authors, abettors, and actors in the drama of death. In order to Ru de' this work as complete a record of facts as can be obtained, the friends of the murdered and wounded people are request ed to furnish the Editor, at the Observer-office, with accurate statements of the nature of the wounds that occasioned death; and also those which were sustained by the liring: The Editor will also be thankful for any communication or newspaper which is calculated to throw light on the late deeds of darkness ; and with the aid of Ithruiers spear, he trusts he 'shall he able to exhibit the Devils in their true likeness. " Printed and published by James %VI - oe, Observer-office, 18; Market-street, Manchester: sold by It. Carlile 'ss,Fleet street ; T. Davison, 10, Duke street, West SmitAeld ; anti 'l'. Dolby, 34, Wardour-street, Loudon; J. Osborne, Union street, Birmingham ; T. Smith, Liverpool; J. Mann, Leeds; W. Whitworth, Rochdale, and all other Booksillers." Chorlton, immediately after the verdict, was conducted by the officers into the felon's dock, where be stood up expecting judgment. Joseph Shaw now appeared to pray that his re cngnizances should not be estreated. Mr. WILLIAMS.'-4 oppose it now. Joseph ShaW.—l was here all the week, and having got entirely out of subsistence, I won to Balton last night for subsistence. I walked back this morning, 13 miles, as fast as I was able. I could not be here earlier. Mr. llay.—We can do nothing now. It rest• with the prosecutor. Mr. WILLIAms.-1 consent. I only wished to hear what he had to say. 1 am ready now in his case. Joseph Shaw said, that he was Without any re freshment, and prayed a little time. Mr. Williams at once consented, and the pri soner left the Court fora short time. Mr. HA? (to Choriton, who continued to stand at the bar)—You may stand down, but perhaps von wish to hear the other trials; it so, you may remain as you are. TRIAL OF JOSEPH SHAW FOR LIBEL. After the lapse of about half an hour Shaw re turned into 'Court, and having declared himself ready to proceed to trial, he was given in charge to the Jury. The indictment charged him, that he being an evil-disposed person, and wishing to excite in certain of his Majesty's liege subjects a hatred and contempt of the Laws and Govern. ment of this Realm, and also a hatred and con tempt of the Houses of Parliament, did, on the 2.3 d of August last, publish a certain seditious libel, entitled " A Letter to the Soldiers on the State of the Country, and showing the means that were used to separate them from the great body of the People." This better was publisher) in one of Sherwin's Political Registers, the date of which was not mentioned; but which, from. w h a t was afterwards mentioned by the defendant, we could infer was first published in• London about the lit of August. • The defendant was asked whether he would have the indictment (which was extremely long) real over, to which he replied in the tiffirtnat lye. The clerk began to read it, and had proceeded for some time, when Mr. ‘VILLiAbIS objected. He contended bat as tie defendant had beard the indictment read over before, (on his pieading last Sessions,) it was contrary to pract;ce to have it read over now 5 be-- sides, it would consume a great portton of the time of the Cona. Mr. Flay Observed, that the defendant bad a right to have it read ; and however inconvenient it might be as to time, his request should be com plied with. Mr. STARKIE also observed, that it was not the usual practice to have it lead at thiS stage of the proceedings. The defent!ant would hear it in the course of the trial;the clerk should read it to the Jury.—The defendant, however, whiled the read ing to be continued, which was done for smite time longer, when, at his own request, it was given up. Mr. I'ARKIE then opened the case, and read principal petits of the alleged libel from his brief. I'll' hey mere too numerous and voluminous to be given at length, with any hope of this account reaching London in sufficient time for publica tion.] The stibstance of the leading parts is as f o llows :—The Letter began by alluding to an Act passed in the year 1817, by which it was made a felony, without benefit of clergy, for any person to atteMpt to seduce any soldier or sailor front hist allegiance, or to excite them to any act of mutiny or disobedience to their officers; and it observed, that this Act was passed because the borouglimongers, meaning the Houses cf Parlia ment, were afraid, that if the soldiers embraced the doctrines of Reform, they could no lone-er look upon them (as they now did) as their only hope and safeguard in the country, and that they (the soldiers) would no longer submit to be .the tools of such men, in attacking their peaceable fellow subjects. It further stated, that it was not the wish of the writer to disturb their allegiance to the King ; that, it obse . rvrd, would be a dangerous subject, and bete again it relcirtd