The Sun. — London, England, 1803-02-21 00:00:00

Ile to relate, ha'd found Mc way into some Public Scholl's, and several. Schools of ,young' Ladies, and eve't among. snine very honourable private fatuities ; .n,a the course he, pnrsu:d was this, he carried with him a number of prints ut a perfectly harmless nature, such as landscapes, birds, &c. arid if these were not purchased, which indeed -he did not wish, bur Ladies, as they but too often , ,did, asked if he had any humorous prints, and same hang funny, as they called it, be shelved them , .thebe ,aborninable . pkturcs, and he too often pro.. 'cured purchasers---a Lady, after having looked at such an exhibition, almost standing pledged to buy it. ' Thus had it bappened in,many cases, and many persons whose realties he knew very well, had been in this situation, but Ire would not mention them, because it must distress very worthy families. Titis wan's detestable traffic became, at lase, known to the Society for the Suppresion of Vice, and they direaed their Agent to endeavour to find him our, 'and to purchase of him some of his most wicked ..publications, for the impose of bringing him 'forward in ti Court of Justice, and 'a trap was laid for him and - he was caught in it, and here he was to answer for his misdeeds. fie had heard it said, some time ago, that this was an unfair course, and that a man thus treated, was not a fit subjel of prosecution, because he was tempted to do the thing • for which he was prosecuted : if indeed he were an innocent man, pressed by poverty, and another person planned a crime for him to commit, which he was not in the habit of committing, and be. fell sa vinitti to the temptation, arid then the person who tempted him, fur the mere purpose of pre. irailing upon him (an innocent man before) to corn. mit the crime, with the mere%view of making a sacrifice of him afterwards, and his seducer .came forward afterwards to destroy hitn, by his evidence, such a perbon ought not to he heard in a Court of justice, as the accuser of a person who was inno. cent until he'seduced him ; but to apply this to the case of a man who bad been in the habit of Com. Inittilig the crime of ? which he was accused, and who only happened to be caught in the snare laid for his own previous guilt, wap nothing more than stark staring mad nonsense. It was not innocence tempted and betrayed, but guilt detected by art, in this case ; and this he Relied to the case of a person going out in a post-chaise upon -Fitichley Common, for the purpose of being attacked. by an highwayman, who had committed many depreda. lions there before, and for the purpose of either blowing out the brains of, or of raking such an highwayman, In this case the Agent of the So. cicty went in search of this Defendant, and found him; bargained with him for some of his abominty. ble prints. In the course of their conversation, she Defendant said, if he was permitted to go on without interruption, he should plaice at large for. tune s an appointment was then made between the Defendant and this Agent, for' the purpose of getting sonic of the very worst, who told him he would get him customers for whole sets of them, and then, by his Appointment, met him at a publit.house, whete.two Officers of the Police bought also some .of his most diabolical prints and book, and told him that 0.1 would take him to a Captain Brown, who wanted a whole lief 'of his publications to go to India ; ,upon which the Defendant went with them,. and was not aware whither he was going, until he arrived at the Public Office, where he was detained, and his port-folio preserved, in which were contained a 'vast number of these diabolical works'. When chili , case was )iroved by evidence,. jvir. GARAOW said, he should demand of the justice of the Jury a verdia of guilty. The fads appeared in evidence most clearly as they were opened. Mr. &LEY addressed the jorih on behalf of the Defendant, and although he was ready to ado,it the :pure and honourable motives of the Society for the disenuragement of vice anti immorality, yet. he ' ventured to doubt that these proceedings would have the circa which they intended to ,produce ; on the contrary, by rendering these vices notorious all over the Country, Many: persons would beco me familiar with them, and some might be led even to commit them, who, but , for these Prosecutions, might have never known such things ever had existence : he inclined rather to think the better course would be to leave theni to their solitude anti privacy, and to the stings of a conscience which must for ever haunt the guilty. 'He endeavoured to cast discredit on the testimony of the Agent of the Society,' who had given evidence of his having e n trapped the Defendant into the sale of these Prints and Books to him, and who was interested, perhaps; in theie convi(tiuns, becauie he had 'a sa.. lacy which might be discontinued unless he brought out a Conviiiion, ?Ice. and hinted that this species of proceeding, by a combination of men t i g a i n su s i ng t e individuals, was something like what the Law i3t hibited tinder the head of 44 I\fainteriance ;". from these, anti 'other considerations, he submitted CHI the Jury would acquit his Client. Lord ELL t0i0R00(7.41 male a short address to the. Jury, in which his Lordship observed, that this was „au Indiammu against the Defendant, Baptista Bariazzi, for publishireg an obscene Libel,, the con tents of which Were stated. on the Record, and which it was not necessary to have heard, except so much as shewed the tendency of the Publication, and indeed, his Lordship said, that he_ himself had looked over no, More of it than was necessary in the dibeliarge of his duty, tcl,enable him to tell the Jury bis opinion of the toltieliey of the Publication, which was Stated an the Record ; he Was repelled from looking' at Mitch of it by that di3gust, whidt every moral mind most feed. Elt, had, however, resod enough of ir to coaliled to tell tte Jury that it was a vary obscene the Publisher of which tle,c;erved ponisluocrt,fropt 'the Conti., in case the jury should tintl that,the Deferidantpnblished it, which was the ttjater i t ,i, cioctitton, Ilie of the poblicaticit re3teifoti the credit .which thershould give to t h e r',Aent of the Sociery,, and dart wa4 bobjeft to the t•t:te.r%' - ,ations lit' tie Gcntietnart who had just sat •• • 4, • • . . _ Jowl), for :tat he might be s.aio Eck 410 this for fiis hire ; h ot fl it 1/C Was vontittritil essentially by the .other Witriestes,, the. Polic:e Ofiicers, to Whom the Pi,. tr r ufav i t's own Colimagave cre;ii , r 41 the trios; ma. itriA part of thf-,.. Cihe. By this, it appeared, that Defendant went about' the Country with his port-folio, and that, very improperly, he had had access to hoarding schools. That at first he pro:. duced prints of an innocent nature, such as land napes, and upon being asked. for game, he made a literal compliance with the word it game," and exhibited piatires of '' pheasants and partridges ;" but, on being 'asked for any thing of humour,: he took that as a signal for exhibiting those abominable Prints, which thejuryhad seen, , anti which it must be painful for them to look at, but it was necessary, and they had endured it.----Now, if the Jury be lieved the Agent of the Society, the Defendant was in the habitual traffic of this abominable tpecies'of publication, and that. he himself' hail said, if he should he 'permitted to go on Withimt interruption, [God fihbid he should] he should soon make a large tontine. This was a very fit sobjea ofProsecu. 0011. A 9 to Maintehance,,which was hinted at by the Learned Gentleman :who was Counsel for the' Defendant, his Lordship could only say, that if any thing' , Ithat kind was,imputable to this Society, it might be brought forward in a legal shape ; and, if they had conduefeti themselves in any manner con trary to Law; he should deliver his opinion against them without any. reference whatever toe the esteem he had for their moral good harader or virtuous intention ; but in all that appeared in these 'Prose cutions, the Gentlemen of this Society were so far from having committed a breach of the Law, that they had dote what the Law required,-they had taken up pests' of the Community, and had thereby done much towards .preventing 'a foul contagion among the Public,'so that ' they deserved the thanks of every virtuous man in the Community in'which we lived. I his Lordship concluded with obseiving, that if the Jury believed the evidence, (and he thought he had been able to coiled their opinion upon that Matter,) they wtiuld find the Defendant Guilty.—What punishment be was to receive would be for the consideration of the Court, when he should be brought up to'.receive Judgment. The jury found the Defendant—Guilty. Mr. Gmutow said, that whatever might have been his purpose when he carne into' Court this mornicg, he should ,noW insist on having this fendant tried upon .another Inditiment ; and he felt that he owed no apology to any body for calling upon the Jury fora second conviction of this man on a second Indiftment—and he should, in the event of that second conviction, feel it his duty to call ,for a second punishment.—He felt that this was a' mo. mehtous . subjetl, and deserved the serious attention, it now met with ; he . was glad of the treatment it . met with from the Noble and Learned judge upon the Bench. Such sentiments, from such authority, would have their weight with the Public, to, tvhoin they were most interesting, and so far was he from desiring those Gentlemen who communicated pro. ceedings of the ,Court to the Public through ' the, channel of Newspapers,. to abstain from reporting these Cases, that he desired, he entreated, he prayed, he implored them to publish every syllable which was uttered by the Chief Justice of England on this most important occasion, a correa report of which would be of incalculable value to the Public ; what he took'the liberty of suggesting was, that they should abstain 'from that sort of report which might give information how anti where these most diabolical publications might be had, a sug. gestic))) which :he had every reason to believe would be attended to. He then proceeded to vindicate the' condul of the Society : in answer to the, observations of Mr. ALL'S', he observed, 'that this Society was a combination of honourable men to check the growth of die greatest evil that ever yet afflided society, that 'of a Conspiracy of a few to eradicate from the minds of Youth, all, regard f or moral pre. cept, and to lead them to' premature indulgences that disturbed ,the ecohortty of nature, an evil of Which it ,wasquite impossible to conceive the mag. nitude or eff ect, if suffered to spread. To prevent that spieading of incalculable evil; the Society was formed, and they had adapted for their Motto, the words of a very eloquent man, not now,among us, Mr. Burke, who bad, said, " When wicked men Combine, 'good men must associate." He then pro. ceecied to state' the case upon.thia Indidment, which was that of selling another of the same sort of Prints to oiled the Officers of the Police, which was proved by the same evidence as in the former case. Lord li:Ltastaottoucir observed, that he was called upOn to give his opinion on the Libel ,nosy before the Jury, and that -opiniim was such as he was assured was the 'opinion of themselves, and of every moral peeson 'who had the pain to see it, or to hear a description of it ; that it was an abomina. ble pririti an obieene and infamotts Libel, as stated by the indidment, and that if the Jury believe() the eVtdence, they would find' the Defendant guilty. As to the Mode'in which these trials were concluded, hi s Loid s hip observed, that it did credit : to the Counsel for the Defendatt, tollaye foreborn to in. sent on having the Libel read, a course in which, however diStressing to auditori, he would have been warranted by law. "it could not have been of, any use to his Client, nor would' it have been benefici:4 to the Public to have the Libel lead, His Lord. ship observed also, that thOse persons who attended Courts fur the purpose of communicating what passed in them' to the Public by, means of Daily Papers, would have abiniiined from stating any the noxious parts of these Libels if they had been read, he was persuaded, they Would have done so, from die manner in which they attended to a late admonition, on another very late and serious Subjed [the State Trials in the Borough]. They would have attended too muds' to their duty as moral men,, to publish such scenes, so that his Lord. ship entertained no apprehension that the event of . these Trials would he in any degree.disadvantageous. to Society. There was' one 'point to which hiS Lordship : bad omitted to advert in the forthei trial, which he Would take notice of in this.,-.that °flay ing at trap for the Defendant to commit thii offence, anti then giving evidence against him by the persist)); who had laid that tr; tp. 7 'Die law upon that point was this : if a pet•son who was innocent before, and from . his poverty, or the pressure of any circuit)- stance, watt ensnared into the cornimssion of a crime, plotted and designed lq another ; and that he was persuaded ley that' other to commit it, far the put. s NEWS. I'll It. b. 01, 3 AT UR Rink Stock NAvy 5 per Cent. lorn ;ter to-ii 5 4 I per Cent. 4 )Cr Cent, Con. S 3 per Cent, !Zed. 7141 3 per Cent. Con. 71, 4 ,-,0. Ditto Scrip ti3nk L. Ann, a.. rt-t 6 Ditto Short At il. Mitt) Scrin DAY. N DON : Prnord by fl (11A NA N AN, (cif llow-Stmer, ccivent-qanlen); and 1 übiisbeii by W Lt, t lod Anutg . u. Scit t r p s , (of South Molton,strect, Grosvenor-square') ; At . the Sun.thivicit, Na.• 112 0 S'itaird; where ilowstisemests, Orders for tin= rater, Lettru for the 4dir o r &c , Oast.taid ). must be Atidtc•lsed. GRAVLSE/40, FRB. IS. 10 - Sailed— th e Ulysses, Lebes, ter S;. Sebastian's •' Ifs'% bury, )(cams, fur Flushin g; l unge Elizabeth, M o ut, . 1 "Cwe c.;ebroders, Jansen, for Embalm. BIRTH. A' Ipswich, on Thurglay, the 17th the of hen Collins, Es %. of a Daughter. Mr. Laurence Charl A es i s il or ß l, R i l fo Crutdlcti t Miss Sparrow, urine Tower. I 0 C.',X India Stock at 4 indb Bonds tos, 03( li. (10 te. ' Putitlithie 3tl Lxcliegurr Bills 'tbs. Oniniunt 314 impet. 3 Pc( Coot 700 Ditto Atm. ti (I• 161 aaPIC for opening lifttia for ,At•c. s , Coos. lot Feb. itiow C UB TO CALICO-PRINTERS, MI L.E....SVItlafiT S ' PER-SNII PLUAIIIE RS, & c. ' TO lit: SOLD UY AUCTION, B Li Y Mr. G.113130NS „ IF? Op the Premises, • Merton, s „, (10.10 • ":' by E IS:=3, anti 'three t,tilow it D r . }$ , at ,:,,even C IOC" , Ottletor the A.,si , LI, the V,'s:.l-UABLE PLANT_.' FixTu ßEs t,' • r ; Pressas a Ilsagal Machilwr P r ( , l v n eit mg ..,a,:.1.13z; W.L.I N .opper eng . rave:r Roils; :pa eil„' - or ts r CoPPe"P!..itehi three (..littral • Dt - ttritt Cati, tv.t) kieki c,1144y. . - I COW , a A IR. L.,14,4111.., ;1410. various oth , !: ELecti, Of Mc..... HA i. ti IDE and SONS, Calico- Pri ntcrlt Comprising so,oo l'u i ,t and (;rounds, eiv• ll . Coppers, an Engine Pumr, quantity . of Mill Workg,i'solt rid Backs, some licit tly two AV ash Whvels L",l o ckst: Kqtries`. Q.4iiitity of Leal ipe, larg e: Brass i 'A. ; et hard ht.;tal Bengal Rats, Id cwt of Grim' two C 3 'l" to 'Aladder, -lottrgo, Prepared Coloin:, a . Cakittler, t3nr ii ,04i 1C f Quantity of II cll, Holly ant other 7o ~t 10 E ten Dung, :and 1111111:.'r.lus other: Etr:(J B ' s a te,. to-be vie wcd friday and Sit. preceding ;he r ,,, ‘ ,i to 1 m when Catalogues may be Icad elth, to he rett li " 7, ryt , tale P e ur v eitaq, attic( of M.Na.r ' - Ducklero Cheapsicie. • 'loge of being afterwards-matte thib victim of it, then such person shall not, after being the Tempter, be heard as' the' Accuser of such person. But if .the accused person is in thecourse of committing crimes, and they were kept concealed from the Public, al. though they were well knuwn to exist, and then, to induce an open disclosure of that which a guilty person was in the habit of committing, the means which led to the detedion of, and which tended to prevent the future commission of such crimes, was, in itself, no crime ; but, on the contrary, a benefit to Society. Such was the case here. .is Lord. ship observed, it appeared to him necessary 1w should say thus much, and he trusted the Jury would think he need not say innre.—Guilty. THE utip.V. ANN, THE WIFE OF JAMES,.AITKIN This was a Prosecution for the same offence as the last. The Defendant is the wife of a person who is now in confinement for this misdemeanour, and that upon a second convietioo. The account of the publications in question, are too shocking to be de. scribed. One of the Honourable Members of the Society himself saw them at the Defendant's House. The Prisoner was informed that she must turn. 'herself to a better coarse of life, for the Law would' not permit her to support herself, or her family, by, such means as these. There were 'other Inditfitnents: againSt her, which were not.tried; CREAVES v. I,NIZOCENT. This was an ;talon for a Breach of promise,' of Marriage. The Plaintiff is a young woman in the service of a very respectable Lady of the name of Smith, at Stratford, where she has lived for many years, and where she has saved about 2001. and bears a perfedly irreproachable chars ter. The Defendant was described-by the Plaintiff's Counsel as a goldsmith and jeweller, and also a dealer in curiosities ; but he turned nut to be a person who kept a little shop at the cornet of Cranbourn Alley, leading to Little Newport -street, Newport Market, where there are a few trinkets: His family and that of the Plaintiff were acquainted, and the p.lr. tie; had known each other from their infancy. He paid his Addresses to the Plaintiff last Autumn, and by a' letter propme.d to marry her, in conse. quence'of which she gave her mistress warning; anti provided dresses, &c, for the marriage, at ihe ex press desire of the Defendant, and every preparaL tion was made for the wedding, when, on a SUCL den, the Defendant wrote, as letter to the aunt, declining the match ; alledging a s r eason f or it, titat he was nailed to his proposal too soon, and that the Plaintiff had treated him With lukewarm ness, which appeared as if she wanted only to pro. vide a home fur herself, acid which did not afford him a prosped of the happiness which be expeded in the married state, &c. Both parties are 39 years of age. But here was no Seduelion of the Plaintiff —n o attempt to traduce her charader ; nor had the Defendam flurried another from avarice, &c. which are the usual topics of aggravations in these cases. After a full, trial of the cause, and a very im. pacltial charge from the Chief Justice, the Jury found a verdid for the ,Plaintiff, damages tool. OLD BAIL IY. FOURTH PAY^'SJITURDAY, FEB, lei. , Elizabeth. Bollivpwarth was charged with stealing, on the 2d of February, a One Pound Bank Note, the property of William Adams, The Prosecutor, it appeared, is a', broker, and lives in Fore-street. The Prisoner lived as Servant in his family, and had been about four'months the place when this affair happened. On Tuesday, the Ist inst. he received six Bank of England One Pound Nofes, and one Country One Pound Note, from one of the Witnesses, MC. Bridge, a Gentle. man residing in Essex. These Notes he put into a pock - et-book, whiCh h e usu all y carr i e d in his coat pocket. On going to bed, he deposited his coat in the usual place, aild left his poeket.hock remaining in the pocket, as was his general custom. The next morning, when he put on his coat after his hair was dressed, he inspected the pocket-book, and missed one of the Bank of England Notes. His suspicions rather inclined to the PriJoner, in the first instance ; but at that time, he took:no notice of it to her. That night, on going to .bed, the pocket-book and coat were sufkred to remain as usual, but, on the following morning, tint of Thursday the 3d, Mr. Adams again inspeded his pocket-book, and missed another of the Bank of England Notes. He 'mine. diately went down into the kitchen, 'where the PO. toner was at breakfast, and Mrs, Adams happened to he there at the time, and immediately said to the latter, " There's another of the Notes gone, that makes two, have you 6)110;0 my pocket-book ?" The Lady answered in the negative, and seemed surprised. The Prisoner, who heard the above, instantly said to the Prosecutor, if you have any suspicion of me ; I have no ebjedion to stand cedich." The Prosecutor replied, he had very great reason to suspect her, and that what she had just said, served to confirm ,his suspicion. An Of ficer was sent for; the Prisoner was searched, with. out effed : her box then, in the presence of all the parties, underwent a rigorous scrutiny. No Notes were found ; five guineas were discovered wrapped up in an old glove. '.Cite Prisoner 4aiki she received the money from her sister the last Sunday to send .down into the country, for a pirtieular purpose. Not satisfied with this store, the Prosecut or sent the Officer for the sister:of the Prisoner, who lived at no great distance ; when she came, he examined her_ apart from the Prisoner, and her account not being satisfactory,' he went into the kitchen and told the Prisoner he most - have, her before a Ma. gistrate„ On ibis annunciation, she tell on her knees,. and ,said, if he would forgive her, she would go and fetch the Notes. She then.ran up.stairs, the Officer and the Prosecutor followed her. She went into Miss Adams's. room, and there, from between two mattresses which laroutier.the bed, she took out a handkerehief which contained several articles, • among which was a purse, from which she took out two Otai-t'otiod itiTotei, *nd delivered them to the Prosecutor. - On Mr. Adams's cress-examination he s lid, be -made no promise whatever to the Prisoner of favour or fnrgiveness. With .respea to the identification of the Note, a degree of difficulty seemed afterwards to obtain, the Prosecutor declining to' swear positively that the, Note specified in •the present Indictment ova's one of those which he had in his pocket bock ; but hes4id be had no ether Notes in it at that time than thosi which he received from' Mr. Bridge, as above.men: tioned,'however, the deficiency MIS supplied by did statement bi Mr. Btidge, who said, that the Notd produced was One of those he paid to Mr. Adams od the zst of February, and that he perfe&iy reco ll idled the number of it. The Prisoner left her defence to her Counieii who forehore calling any witnesses to Chargter, as clie Prosecutor.had stated, he had a' very goOtt 004 with her. The Jury found her Gill The , Prosecutor recommended the Prisoner to mercy, conceiving it to be her first offence. Some of the jury also recommended her to mercy , on an extraordina r y ground, namely, that of tempt ation laid in her way. The RECORD ER expressed his disapprobation of this proceeding, o n two gr o u n d s , first, that or recoMmendation' of a Jury was inadmiolu fr ; and secondly, he could by no means agree with the Jury, that a n y tem p tat i o n w h atever wa s thron.io the Prisoner's way. At well might it bessia that the property carried in the rocker, even of any son in that Court, . was a temptation to those # u° might rob them on the contrary, he thought It ° aggravated case,, inasmuch as the Prisoner, beial; A domestic servant, was paid for proteding the co' perty of her master, &c. The general rccominen• dation, however, of a jury, and founded nn au quate grounds, should always meet with doe consi deration, "qh Jemnet Was capitally conVitled Of folgil a certain Promissory Note for the 1 ,4 meat d 5 1• purporting to be a Note of the Stowtmiket ,john Dew was Witted for assaulting •Chatleg Poole, Esq. on the highway, with a pistol, on the zoth of january,; :Mr. Po o le sa id, t h at on t h e 30 th Of PALMY he was in hi s carr i age on the F.,dgeware.road, nea r T e i four mile stone: . I t w a s a c hi c k d ay ; he obse r "7 - person on horseback. on the left side. of the carriage► whom lie took for a black; but upon looking o°, 6 ' lively, he Saw h e h a d a crape over hi s face. the postillion • instantly set- t4r at fall 'speed, and tl° man with the crape over his face was striking with 'a small stick. The Witness took a Pisw l s V l l ' l threatened to blow; out his brains if he did not,'' behind the carriage. He a pp eare d to pull up. and i. Poole took down the left glass, still pointing his P l 5; tul at the fellow. He then di scover ed another I " mounted, with a red. handkerchief over his face'`"" They were both within the range of Li' Pistol, They pined,and removed the crape and lotrKlker clue from their faces. They then rode,up' the hill tours, Staninbre, and the witness kept them in. vie 4 l when two grooms came up. H e told them he 7„ .been attacked by, the men ridin g up t h e ' hill, were highwaymen, and desired the grooms to g" in pursuit,' which they did. Thomas Bachelor, one . of the g r o oms , was " the ' road when he saw two men ride from the eartiag l ,; 'in compliance with Mr. Poole's request, he and l er' 11c companion pursued them for a mile and'a halt, they turned up N! •ne leading to Hendon ; never. lost sight o f thent: Onc of them turned ty Guild ford street, and the other went up Gray's-11,%31. The Witness pursued the ma n . who Went up "V. ford.street, and called out t o t h e people to stol )11 '„`, -Tice horse stumbled upon the ice, and the man c a-3 off. Mr. Justice CUAatBRE interrupted the pro eee,a ings, by observing, the Prisoner . conta. not be e ti . n : vitted, as the assault had been stated. in the in dit a ment to have been made With. a pistol, w herea 9 stick had only been sworn to.--Not 1 •I