The Sun. — London, England, 1817-12-22 00:00:00

' V. LAW' I NIELLILENCE-; COURT OF ttr. B! 4S PIIE_IIY. /THE KING V. IVILLIAAI HONE.-(TRIRD mewl%) If posiible, more curiosity ippeared to he ex 'cited yrStorday, by the expected trial of this case, `than Friday. At hall-pait nine Mr: [lone en lered the Court, preceded by twice as ninny books 'end papers as were produced in his defence the hefore. Ile appeared extremely ill and ex baustcd. At tweilty minutes before ten, Lord ELLEN totiouGn entered the Court,• and at the s,ime time the Law Officers of the :Crown took their places. The Sped II Jury Panel Ivas then called over, -And seven Special Jurors answered to their mutes, and were sworn. "The ATTORNEY-GENERAL prayed a Tales. William Green, a Common Juror, was chal lenged by the Crown. The DEFENDANT--"" 1 object to that peremp tory objection. I require that cause should be shewn." ' The 'ATTORNEY-GENERAL snbmitt.ed that he had a right to make peremptory challenges with out assigning a cause, until the panel was .ex • bausted. If the panel - should be ' exhausted,. • without getting a :fury, then the defendant might haVe a right to call un him for his reasons, for so challenging. Lord ELLENBOROUGH. —" Mr. Hone, you • hear what the Attoiney-General says. He insists that the Crows has a tight to challenge, if it is " thought proper, until the panel is gone throng!' ; and when it is gone through, if the Jury is de ' fitient, he must make good the ground 9f his challenges." ' The DEFENDANT.—" I did not distinctly bear, 'my Lord ; but your Lord Skip will reserve to me the benefit of any point I may make." • - Lord ELLENB9ROiIGII.—“ You shall have the benefit of any thing you have a right to." The DEFENDANT.--" I claim the reservation of * this point." • Lord ELLENROROLIGIL—" Call upon me again • bye and by ; for I eel tainly mean that you shall have the benefit ol• any legal uh'eciion you may make." James Matthews, another CoMmon Juror, who was also on the Jury the day before, was objected to by ;he Crown. • The DEFENDANT.--" rilaVe to make the same objection, my Lord, to this challenge also." . • Lord ELLENBO,ROUGH.—" very well." Here the AT TORNEY -GENER A L rose and ad dressed the Cow t as follows :—" My Lord, I beg `leave to state One circumsta'nee, and I do desire that what I am about to state may not be sop- . `posed to arise from any desire on, my part not to 'proceed in this case; . but I do obsctve in the 'Court, that the defendant appears to Me to be . v&ry unwell. It was first lowed out to me by.a `friend of mine, and I think it tight to say whatl am about to say. I believe he does not wish lo 'nVeke any request to' put off the trial, nor do I wish. he should make that sort of requeS!. It he is nut well, and he,does not feel himself able to `bring the whole force of his mind on his defence, as he,ought to he able to do in a case like this, am sure Ido nor wish at present to proceed. f beg it may be undei s tood t h a t this suggestion 'arises from Ito wish, on my part, to postpone the (trial, but (torn anxious wish that, in a case like this, he should have all his bodily strength, and the full use of his abilities, in his defence, which certainly are great ; and it he has the -slightest wish not to go on, from the f a ti gue he has undergone, without putting that wish into , the shape of a request, I am perfectly agreeable to postpone the tital ; (or I am very anxious that be sheuld have every benefit in making his de fence." The DEFENDANT. —" 1 certakly feel very much obliged by the Attorney-Geniral's kindnesS, and 1 am sure it is kindness. The prcsent agitation— it is weakness. I was ‘ery tmich exhausted yes tt.rdry by what took place, and I was very much hurried this mottling to get down to the Court. I feel—l know I shall be perfectly will soon." Lord ELLE N BOROUG tt .- 6 ' You •will make a dis erect election for your own benefit. It won't be in my power to stop for you when the trial - Las commenced. You will make your election, there fore, now that 'the Attorney-General kindly gives you that opportunity." The DEFENDANT.—" I do make the election to proceed." The remainder of the Talesmen were then sworn in without the panel being exhausted. Y,r.Snerrican then opened the pleadings. This was an information filed by the Attorney-General against the .Defendant for publishing an irreligious and profane Libel, on that part - of the Divine Ser vice of the Church of England, denominated "The Creed of St. Athanasius, With intent to scandalize unit bring into contempt the said Creed. The ATTORNEY-GENERAL stated the case. The Parody which formed the ground-work of the pesent prosecution was entitled, The Sineettrisr,v Creed, and was an - evident iniitation of that Of St- Atlianasius. That the - Christian Religion was the Jaw of the land no man could doubt ; and; by the Act of Charles the Second, a particular form of worship ; consistent with the, doctrines of that religion . , vas established 'for the service of the Church of England., Of tha►_ established form Of public service, the Creed of St. Atliorzusius.Onsti tut cc! a pat t —and though individuals {litre red on some of the doctrinal points contained it; it, and were- allowed calmly and decently .to cuss them, yet any. person who attempted to-torn into ridicule anti bring into contempt that portion of the-Church service, acted it; opposition to the law of the land, as, htcd•down in the Statue of Charles. The. Parody on the Creed had .a ten- tletleyi, awl Ti iteeesst►ty One, to bring that part of ti;e public scervice of the Church of England into contempt, therefore, he had thought it pro per tohr.itt - g the defendant •bcfut'e a. Court of Jus- . „. „.... iice..,l-krnight say, as lie had•already done, tLat, whey) ,Lie parodied i:, his•objeerwas not to turn it intorAtieure But when a man advisedly gave a' production 19 the world, IThving such Ft tendency as t bat which be had istated,•he.'was guilts r, eye ut the taw, of .inteuding to produce the effect tciticli inust 'naturally be create p'yod c tibn.. Indeed lie was. astonished that :any man could compose such a paper as and after . wards state, that lie had any oilier view but that of 'scoffing at, reviling, and bringing into .con tempt, .that of the service which had 1110 been parodied. from the hooks he saw king ;on the table, he judged ' tire defendant would state, as a justification, that Parodies had for merly been published on • the sacred writ, inks—and he was sorry to spy that such was the fact, But, howev er man y h a d pu bli s h e dparodiei tending to bring into contempt the public 'ante iliuine vorship of the Church of England--he they whom they might, or whatsoever were their merit; an other .subjects—still, so far as their writings. went to 'cast iidicule on that service, they ought to be condemned 3S guilty of iA very great impropriety. Things that were sacred should only be used for sacred purpose—they should iteter be adopted or adapted, to ansuer piofatie ends. The Attorney-General then proceeded to read extracts from The .4thanasianCreed, and after wards corresponding passages front The Sinecicrist's Creed, in order to prove the closeness oldie I'aroy,- on t he immoral tendency of which he shortly des canted. The same.witnesses for the, prosecution as were called' on the former days proved the publication of the pamphlet in question to be by the de fendant. . Mr. , LAw, in an impressive manner, read ever the Creed of St. A.thanasius, and then the'parody on it.. After which the Oefendant applied for true to prepare himst:lf to make his defence, stating, that he should be ready in a few minutes. Lord ELI4NBoRoUGH.—'I The Attorney-Gc neral warned you ; and admonished you, in the situation you were placed as to health. I offered you the induklgence of postponing the trial, but we really catwo! have dday interposed from time to time in the courst of the trial. It you shall wish even now to have it postponed, I venture to pre, diet that you will he, suffered to request a delay - of the trial . ; but it must be a request, and unless you: it the trial must go on. Do you make such request ?" The. DEFENDANT.- 7 '` No ; I make no such request." After a pause of some tinte, the defendant rom [tepee(' his defence tints ,My Lord, I am very glad to sce you here to-d;ly, because I itc) sustained an injury from you yesterday, and an ininty which I did not expect to sustain. I . do not know how very Well to measorkl my words. and yet I kn ow should do so in any th.H.: have 10 remark 'Ton your Lord,hip's - cooduct ; but if the proceedings of a solemn trial, like, that Of yesterday, and this to-day, are to he interrup(- ed---and I say that, becau s e I think you gave"--- Lord ELLENtsortouGui here inlet ruined the-de fendant.—" I cannot hear any observations in that lVt: V now, on %t hat passed .yesterday. You gray, make common and or.itily observations, hot Tcannot sit here to be attecked for the Charge of yesterday." The Dk;Ftt,NDAN'T.—(‘ I %I:ill not attack your Lordship."' , Lord ELLENBOIzoUGII.—" But your observa tions go to that extent." 'The DEFENDANT said he would not pursue it. He then Went trusting that the Jury would this clay receive from the Learned' Jodge a fair and dispassionate.charge, and if he thought fit .to give his opinion to the Jury on the publication in question, lie hoped it would be delivered iu a mild and moderate maimer. The Jury, and the J o ry alone ) %vete his Judges; Lord Ellenborough had nothing to do on the Bench but to receive the verdict, which he hoped and felt sure woad be such a verdict tv those af yesterday and the day previous. He contended on Mr Fox's Libel MI. that the Judge was not to give his opinion to the Jury, on the publication which was called a libel, and that therefore he had no right to do it. Lord ELLENBOHOUGU. , --" You are mistatiog the statute. The, statute says shall deliver his opinion.'" Mr. IIoNE, with great warmth, desired that he Might not be interrupted. His Lordship Yester day set out with saying he woold not give further interruption, and yet he did to the extent of no less than ten or eleven times. Th e del t nd an r then pursued the same course he did yesterday, in refering seriatim to the.latge collection of parodies which had already been - read On tile two previous trials. lie sate) that he was not the fit st printer of IFilkes's Catechism. The Litany was also a re pi int,. As to / the law of libel, it reminded him of the act of the tyrant of Syracuse, who inscribed his laws,in letters so small, and on places so high, that the people could not, by possibility, read them, and yet he sacrificed them for disobedience; such was what was called the Law. of Libel ; it was written nn , the pasing cloud, and the spectator could hardly see its fleeting vapour. lie then made a variety of allusions to the applica tions of his ft lends in the-outset of these cases, as to employmept of Counsel in his defence, Nut they all resolved themselves into this, that no man was to be had sufficient courage to Withstand Illy Lord Ellenbotough, and that if any one dared to do so, he would lose what is called tilt ear of the Court, • Tile ATTORNEY-GENFEIL---" My Lord,. this is an att,%ck on the whole Bar." LOid ELLE'NIioItOUGH.--" It is, and a most im proper One : you see how lie attacked we, hut Lthink the bettercourse is to let the thing blow over its." Mr. HONE resumed, and alluded to the extra ordinary chcomstance of Mr. IVilliams of Portsea suffering judgment t 6 go by default. The wan was .%t'liat was called a loyal man, and was per haps advised, from a certain quarter, to do what Ire did. The ATToENEY-GENERAL.—"If it be insintt ate() that he had such advice from we, either di rectly or indirectly, tile insinuation is wholly false " Tile DEFfiNDANT proceeded—he referred to the law of Mid, and again cautioned the Jury that to find bits guilty, they 'mist be convinced he had the intention imputed to hint in the infor mation; an intention which he most solemnly denied. fie then noticed the ,several parodies, which he quoted on the two preceding days ;' some of these parodists were still living, and if he ‘1•;,;s h they; the ortiey- Genet al was guilty Of great. neglect of his duty if he did "lot bring pe i ;us bclore his Lordship and a inrY. delenclaiit Then pthceeded iiOns parodies on the Aahauasian • Creed,. and to pro've that wolks containing leflections tending to bring them into ridiCule, ' had been published and pa . ,sed over, and' even publisbed by anthority. Ile read passages front Colley (.2i4ber' s comedy of the Hy pocrite, and front FOot's farce Of-the Mitt or, ridieuliug•the late Rev. Whitfield anti othe,rs. lle then proceCded to read die alleged libel, paragraph by paragraph, anti commented ott it as he proceeded, . contending, that,it must be apparent to every one, that it wa s 'intended as a political roitiposition, the object of hich was to raise a .1311gli .against certain hull-. vidnals,anit not to I itlicnie, or bring the Athanasi.an . Creed into contenirt, If the Jury should come to that opinion, as he was peNitaded they iniio; then they must acquit him.-11e coacluded by observing, that this was his last I:hroW. The two fot , ner Juries had enabled him to nin twice, and he trusted the verdict of the Jury this night would he his trump, and enable him•to win a third time. With respect to the Athanasian Creed, it 'had been said by many learned men that this was not Athanasius's Creed, hitt that it tiifts itself a parody ; and Archbishop Tillotson, on one occa- • shin, " 1 wi.411 we were well rid of. it ;" and, in recent days, upwards of 200 Clergy men met, and solieited the 'late Dr. Portens, Bishop of London, to take some steps to pat an end to the obligations at present. imposed on diet» to read it. Even his Lordship's father, the Bishop of "Cirlisle, he believed, took a sfinilar view of this Creed. Lord ELLENBOROUGII.—" I do not know what his opinion was on this point ; you, perhaps, might have had better opportunities of knowing his belief. Whatever. that opinion was, be is gone,' many years .ago, where he bas had to account for hiS belief and his:opinions." Mr. llosa Was , about to make snrne partiCular reference to the Bishcip of Catlisle's opinions, when . • 'Lord ELLENBOROUGH interrupted him, and said, " for common delicacy forbear.'' Mr. LioNE.—" o,.my Lord, I shall most cer tainly." The Defendant concluded a speech of. upwards of eight hours; by declaring in what he had urged to-day he hail intended no ot-r,u ce ' o i disrt:sp cet to . bis Lordship, or any other indftidual, anti t brow jug himself entirely on the candour and justice of the Ju r y, lie said he would ooly (AI one witness. Mr. Thomas Cleary proved that fine, on Friday the 21st of lis e h roar y, stil t e d to hi," .4i s discontinuance of giving publicity to the parodies; observing, that they were spoken of in the Re ports 4 . 1m;1i ilouSes of Parliament. re !Parked to ltitn, " Hotie, I thiiiik you ate a fool for so doing, as I. do not believe that ti;ey ;Lre either libellOils or blAsphemoos,. except to borough-mongers ; tint! if you discontinue them, it n ili he an admisSioa of guilt nirrre there really exisjed-none.'! Lord ELLENrsoaot, , Gtf said, that (here was deuce o~► the pre,imis ttiAls'of . the suopiessiio. of the pilhlkat ion. This etitrence his Lord,hip read. The ATTnRNEY-c)IENF.IIAt. l'o.se to reply. Be fore' be . called - the ark:olio:1 of the' .boy to the teal question which they , had to try, t bleb was the Burrow fact—whether or not this poblieft. lion as a libel, he begged to make, one obser vation on the complaint which the dete!id•int had made, that tl:e three charges against him ,should base, thus been separately hrought fOrwatd, _insteid of being put into one .common clnage• This he (the Attorney-General) 'could not done consistently with the' law of the land; tor Mr, Justice Buller had laid down that, if more limn one charge were included in a single infor matinn, he• should feel it his duty to call on the prosecutor to select one, and one only, and reject the others as nntennble upon' that intormatimp,. Het e a considerable noise was beard in the hall, and shortly after Mr. WOntner, the Marshal, en tered t'lCe Court, having a gentkman in custody. The Marshal stated, that on the steps leading out of the hall, this gentleman bad been • for some time dispnting the power of the oflieers to keep from) passing tip to crowd into the Coml. He had also dispnred the authority of his Lord ship to give the officers any such:power. The gentleman in custody denied that he bail called in question his Lordship's antliorky; he had only objected to the rough course taken by the ofL .cers. Lord 1 7LLENISOROUG11.-" Keep bitn 1D col-, toffy, anti bring him before me at the end of the trial." • The ATTOIINEY-GENFRAL resumed, and lament ed that, in this metropolis, any attempt should be made to distal b the proceedings of the highest Criminal Court in the kingdom. The Learned Gentleman then entor_eed, with coniidt rabic energy, the Variolis arguments which he had used on the preceding days, to sites that the great number of the parodies quoted by the defendant, even if their ohvions tendency was (which was not the case) to h into contempt and tidi,cule the tenets of the Chritian faith, could not be ad duced a s fcrniing any ground of excuse for the publication with which he stood eh,rged. It was impossible to look at this publication, particularly at the two last paragraphs of it, t: ithout being satisfied of its tendency to turn into ridicule some of the sacred parts of Christian belief. ", But, stud, illy , Hone, " I did not intend it to hare this effect," His intentions couid only be taken by the acts, and for these he must be aus Vera for instance, there was a case on the hooks, that if a man threw a beam trout the top of the house and killed a passenger, he is guilty o f mkt der, V" though he nev e r i neant it to have this effect ; Init werely in wantonness threw it to t he ground, The Learned Co , nsel concluded, by making au eloquent appeal to the. Jury to protect. the sat:red character of the Christian lleli g ion , and yeeure the perpetuity of its rites. Lowe! ELLENFIOROUGH' then charged the Jury. Ile luny cOneurred in the.law of its kid down by.the Attorney-General. The Defendant scented under a delusion, when he supposed that parodies were exempted from proticeution for libel., lie was wrong in that ; for there had been 14 • seVerai Ortisentions - ftfro ences•com , nitte shape;. .fhe 'defendant WaS., Also eirnr itV ' ; tie asstinied ilf;rt there was nti law Of Lbbl lotq P i to-the Constitution: On cintiraiy, it woo:; ancient s!:,,,diug -, .; tutu called Ali' Biil was merely lnriatory ofihis and•Ler, i .iative of the Mode of trial. The Bill renito, what teas do doubt a grievance, namely, • power of the Jnry heiir 'restricted to tfic tact of the publication. In vain would 'Air..1.140: defend his act by a tete' cnce to the comnii , s i i i ' .l of other offences by tither me n ; i t teas A perSe t i 'slim of Understanding to say ad unpunislte,' ; crime became, stripped - Of th e essence of its indov, and, became a precedent.fur other ofieuc', Thetiefendant liad-allia e d to what he caT.-dtliestil l i serviette ! , oftla! Wit'. He was riglVt in snppOsingth'i •no Getilleibait at the Da; Would have putt 0. 0 1 the rout se he had t4ril _and libellec4 4"` calumniated the enacted ploviireas of th e But the Jury iv& rift to take . tt;e Calumnies tl 1 , 1 ! day uttered by the man as against him into the , ' present consideration; these niust stand by tnetii; selves. The Learned Judge cOneltufed _by girOi• it as his solemn opinion, that theiniblication° the Defendant was a profane and hupiiiiis At twenty minutes after eight o'clock the Jun retired,to cotiatter their verdict. The Oentlernan Was faked tif to custody 1 4 the Marshal, was ihen brought into Court.. 146 said tii.4t his Dame Was Air. George Wethera ll l l'he 'Marshal stated, that Gentleman out biS right to enter the Cbtit t,• and resisted ti" ; rauthority crf the officers, who Interposed to vent hint. In _constlinence of lime ;disturbanc: which lie created, time Mar! , bal thought it prop' to bring huff' before his Lord Ship. John Barnbey rebel Ito ee other constables borated ,the Marshal's evidence ; .and Kurnbef sate!, that the inisoner pushed him ( 1444,, u , with some - other persons, then waited. over him', Mr. Wet befall denied that be had a.saolti;!" the constables.; fle sai4 - he Was a Gentleman' and, not engaged in any profession or irusines'' He had . been educated - five years ago iu Trioil? College, Cambridge, and was •• since in the We' s Indies, from, w filch he had just returned. ltu admitted that he had asserted his right to enter CoUrt of Justice, but denied that her had accoird. I►ar►ied this assertio n with at►y violence tC:war ll4 the Marshal or the constable, rxcel►t the natqrkil. resistance which any man WOO d Intl ke at hciti ronghly handled, and taken into custody for 1 1 ‘' o fie n ce Mr. Marsh, and another Gentleman deposeOr that 111 r. Wetherall used no violence, and that the constable who stated he was knocked down ad, assaulted, twist have heti' pushed (*lawn by t i► e pressure of the crowd, and the confusion %%filch took Place When the Gentleman was taken custody. The eons6bles being aga:n called, swore post' tively that Air. IVetherall pushed down BurnbeY' Lod ELLENBOROUG H {amen:JAl Chit a G ef atle 11131, nt etlut atic>n shah have been guilty of set lulls an , dretice fis that ;If in(errupting J r ° in the dis C h a rge o f t h e i r duty, and, of such a duty as preserving °tact kind decorum in,; the proceedings of a Court of Jus!ice. lic therefore uuder the tweessity - of sentencing, hi . (' ► to pay a fide or' W. ~feel to be kept :u custody (di the %v;,, pAid. At twelve minutes 'before nine o'clock, Jury returned into (;[dirt, and i:runo aace d aver' d;ct of—iVot This verdict was received with loud shouts tat Conrt, whieh'w ere re-relined for several ininatO in the . ll4. Thv Judge., the Sheriffs, and con' stables, in vain tried to sPenc e th e no i se ., Lnrd then infothied the Attor ney-General, that the nature of the public bust ness, and also some consideration for his mint health,.reepiired that the other causes of a gclis:* r,ll itatitre on the list should he put in a course pf hearing". AYr. Jus:ice Abbott, h e sa id, wo r l d,' sir: for that purpose n Monday next ; and he would reslime his sittings on Tuesday end Wetlntsdiry. Let the other cases for libel stand over for th , ' present, and the parties remain at large on their' ownrecogoizances. Tie . parties alluded to.are Mr. Carlisle, again-it tIIIOM there are *lour infortnations, and Mr. Wooler, who is to be tried again for the imputed libel on which he has been, already.befoie tioo Court of King's Bench. „ The celebrated Madame de KRUDENER,.(III 11er way to Russia, has been stopped at Arnstat, iu the Dudhy'ilf Gotha, on account of some inforina• lity in hcr passports. MANSLAUGHTER—Saturday last Samuel Brown. who :vas lately brought front Dartmouth prison, charged with killing a man named ---,- Pearce. in the Island of Labradore, at Newfoundlan 4. whit a hat poon, in a sctifile, was taken front lot hilltiehis Bridewall, and underwent an exami nation before Lord SIDMOU7II, the Lord Chief Baron, the Vice-Chancellor,-and Sir N:CoNANT,, at the Secret . nry of `State's Office for the ifounf. , Department ; after which lie was fully .comoiit red for trial, at the next Admiralty Sessions, on a charge of tnanslaughter. SINGL/LAII PREVENTION; OF A ROBEERY.-.-Thf - dwelling-liGuse Alr. Sett!thorp, at Stock Well, lots several attempted by robbers. Gays fM Scult ho up's servants obser% ing that the•nfotts of the thiett:S were generally directed to a firth whitlow, the situation of ‘ellich 'appearet? to'af foid the readiest means of entrance, placed a nuinber of glass bottles iii such a maniter that they would ineritably fall if ary person,,shott4l attempt to ehter in at that 'window'. 9u Thurt.,• tiny night the house was again beset, The br,tll , ; lcll with a tientendons crash upon a brick door, the servants tv,!re alai wed, a;td on looking omit th e v. , i tt d o w, s i Ov firm . : , lett Jointing with greaf. swiftness 'along the road from Mr. SClitdlo4p . ). house. ' Several I,:ine,; of 'gloss weft, 1)1P.11.' ()11 the tOth instant, ;:t Ch'eltenha.:n, Sophia - I.voisl Gonmi, only (laughter of the late notl ,i,ter of Lien , :cnittst-(;ulunel K.. WI : COWS , r e ed 11l 4,llolii:s* On 1,,t, the Il.cyciend 11. VI. Ccnilthur , f,. 1). 11. V!car of I :;I;ifax for '27 y.:(7ar,,' ), , lagit rate for th : e fut inert y Fellow anclTllt , r of Shl• ('ainbri!l;ie. ON Prlolt (1 CARI'AIRA, - ,if No, l;reit Ormond -street. Queini-4;inare; : and poblistwd hv lt SCRIPPS, of No. 7, S,mth Niolton.:;tr,,rt, at T!'lE ( Mice, 11.'2, Strand ; where Advelti,eniors, Litters, - (hest-paid) west be addressed. ME] ktati Belo Wit ithov Vick spot tisai ter zinc any to eta of ti Lot bleu late rnat bar the and not a- :I tint] cret Lacs Cu! .111 a Dla Ent Cot Ea: COI Ca Ca NV Be '