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London, England, 1825-07-30 00:00:00

ettablished chit eh. Mr. Pollard had been
the plaintiff's feelinp by the inanner in
` himself on the iub*t of the capacity of
-:w was this ' smelt to be whiten-
__ ef the between those parties
-the Jury as it ? Teo such thing. Single:
...sod without showing their connection with
" - -.urgent the correspondence, and the
ore" upon this isolated and
.. admitted to have passed.
..eantin the present cause. The proo
. nunterousiettes had been written by boar,
.et. both before and after the letteredleritiegd
. prosecution. Nothing could more clearly &tot
the whole matter had not bolo brought under the'
- ' - e than this single fact. If this hail been'
..e, painful investigation, the prosecutor who
r the. Court was atone accountable for the con,
a ensue to himself and family. He had chal.
lent to prove the incapacity of the young man, and
y for the proteseion in wheel it was intended he
and he had himself only to blame if it appeared that
non of that description. But if such were the Ins.
es the minds of the Jury, it was onitattributable
- that it was so, fir the defendant writtkl
if of an oppeelowity of proving the youth's
was pate• from doing so, as that'
..e tried chili pledent occasion. It had been
ellard applied tho'effienive term of " fool" to
, the course of a •eseremation with the brother of
but even supposing that to have been the ease, it
any authority hailliren given to the brother so re.
lion to Mr-Ley. What was the object of this pro.
it for the purpose of getting the young man from
' placing hiot tinder the etre of another master?
• was already done. What then was the reason
Was it to enforce the return of the premium!
to the defendant. He disdained to retain even
-en was the object of this indictment ? And i
plaintiff? After compelling Mr. Pollard
i in his service for twelve months—when st
he defendant, finding him absolutely incoin
e necessary duties of his profession, and na'
relieved from the ineumbrance, insisted on
it, the prosecutor steps forth with his bitUtb.
institutes the resent proceeding. It will Im.
- , who was a medical man to end
his assistants should be 0 of rig,'
sod when he fossil. the son of ,the -prom.
lin that description, he teas fated entitled to
... dismiss from his etnployment ep Individual
proper execution of the business' Of hitoalling.
--ty to decide on was simply this—Did ths
. the opinion he had expressed, on the in-
.: prosecutor's son, in his letters to his father? If
authorised and justified in communicating it to the
rr the opinion was right or wrong was another
nothing to do with the present inquiry. This was
in which a bona fide communication of the na.
',wed and protected by law. As to thealieged
_.eployed by the defendant, admitting the
. have been solely attributable to the nature of
passed between the parties previous to the two
sus matter, and which letters the Jury would
at been produced upon the present trial. That
amen for the provocation which the Jury might
contained in those letters, which, had they bees
e given an entirely new appearance to the case.
- deducible from -the concealment of those
, did, a part of a connected series, was that
_ . of die kind he had intimated. But, putting
_, .
,go hand in hanglitthsiicitil`tbesy inegtet. -. With re. this weighty consideration out of their view, the Jury could not find,
• defence, or, more properly speaking, attempt at site. the letters to be libellous merely on account of grossness of expres.'
..._ e which might be set up by the defendant, he (Mr. Wit- sion, because there was no evidence. of Malice, which was to be in-
hams) was rather at a lose to imagine what the ingenuity of his terrad from the publication of a libel.. Now this, if a libel, had
Learned Friends opposite, great as it ucquestiosable was, could never been published by the defendant; i; was not even so set out
possibly devise in that way. However, this he would say. if they in the indictment—neither was it Alleged the supposed libel had'
were instructed to cast farther aspersions on the character of the been written for the purpose of provoking a breach of the peace.
prosecutor, the Jury Would know what to think of it. and consider Bat if the Jury looked to the letters of the prosecutor which had
ties:tempt as an aggravation of the offence already committed by been produced, they would tied whatever they wanted in strength
the defendant. He would not tresspass farther on their attention, of expression amply compensated by the epigrammatic point and
but proceed to call his witnesses, having already made out a part of sharpness which had been studiously used in their composition. Of
his case be the production of the letters. The witnesses be should course he could not disguise his anxiety respecting the nature of
ealLwere Mr. Ley, the father, and his injured and calumniated his Lordship's opinion upon the law of the case, but trusted that
eon, and it the defendant's Counsel could extract front the latter both it and the opinion of tire Jury would be in accordance with
ary thing favourable to their client, let him have the full benefit of his own firm conviction, which Was that the defendant was not
their nbilities : but he entertained a confident conviction they guilty of the charge imputed to him ; and he would conclude by
wield net be able to efrect their purpose. and that even the at. reminding the Gentlemen of the .lury that, if they thought in the
tempt. it made. would only tend to convince the Jury more fully of same manner, it was their duty to find a verdict in favour of the
the injury sustained by the prosecutor, and of the necessity of their defendant.
marking their sense of the extent of that injury by a verdict against Mr. Justice LITTLEDALE charged the Jury, who immediately
ileac defendant. returned a verdict of Sot Guilty.
Syr. Wm. Lev—l am son of the Rev. Jacob Ley. Ile is a cler- CROWN COURT. _
((man of IWO Church of Englard. and rector of Athpringtne. , Before dlr. Justice Gestet E.
where he resides. My father has four sons, and lam the third. CHARGE OF HORSE STEALING.
I was sent to the deftodant Mr. Pollard in January 1834, and soon floury Perchal was ledicted for stealing a mare, of the value of
eft/treads. left Mae lat present reside with Mr. Wand, a sur- 201. the protorty of Samuel Heath,o-r the 26th of April, at Totnees,
goon of considerable practice at Cirencester. Some of these letters in this county.
are in Mr. Pollard', handwriting. (Witness here identified the Mary Heath—l live at Totnett :my husband's name is Samuel
two lettere which formed the subject of this proceeding.) One of Heath ;heis a farmer, and keeps, a smith's shop. I knew the
them is in the handwriting of my father, but the envelope is in de- ptisoner. Henry Percival, and saw him on the 26th of April !n my
tendant'll handwriting. house, about two o'clock in the afternoon. He came to lure a horse
(The four lettere, two front the defendant and two from the to go to Bury Castle. My husband lets out horses. Prisoner got
plaintiff, which had been read by Mr. Williams in his opening I a horse, but the price was not agreedfor, nor any time mentioned
speech, were here put in anti read by the officer of the Court.] when the horse was to be returned. It is two or three miles from
The Rev. James Ley—l am a Clergyman of the Church of I Totress to Bury Castle. Bury Castle is not in the direct road front
England, and Rector of Ashpringtoei in this county. I wrote these I Exeter to Tomas. Our apprentice hoy delivered the horse to pet.
to Mr. Pollard, and despatched them iu the order of their toner in my preserce. The prisoner did not return the horse,
respective dates, and these are the answers I received from the de- which I next saw two days afterwards, on the 28th of April. My
fendant in the same order. One of them was written on the back husband rode it home.
of my preceding letter, which was returned to me in that manner. Cress-examined by Mr. TANCRED—I never saw prisoner before
The last witness is my third son. I have lour sons and four the 26th; he safe, he was going to view the ruins of Bury Cattle.
daughters. On the 13th January, Ift24, my son left my house for No price was mentioned for the hire of the hors:, and no particular
that of the defendant. My son William left Dr. Warren's school time fixed fur its return. My house is in the lower part of the
at Midsummer, 1821. but afterwards went to anotbet. , town. At the end of the town, over the bridge, is the Exeter road,
Crow-examined—The defendant and I were acquainted previous. and you would take the same road from our house, whether going
to the arrangement being mole 'about my son's going to him. 1 to Exeter or Bury Castle.
Decedent was in good practice as a surgeon. I never beard lit. Samuel Heath—l live at Totnem ; I was not at home when the
Warren make any complaint of my son's incapacity. He did not mare in question was let to the prisoner. I next saw my mare After
say he must leave the school on account of' his inability. I heard it had been let to prisoner at a public-house (the Ship) in Thomas-
to complaints of my son William's abilities, except on the subject street. Exeter, kept by a man named Pttnchard. She was in charge
et' sleorness in acquiring languages. That was communicated to of a constable, named Howard. I took possession of the mare, and
me, but he was not removed from the school in consequence of that rode her home. I had had tier in my possession three or dour
communication. At the end of every bait' year my son brought a months previous to that time.
letter from his schoolmaster. Thomas Howare—l am a constable in this city, and on the 28th
Witnese was here inter-ranted, Counsel for the prosecution ob. of Apt il. in conetceonce ef a communication Irom Mr. Purcherd,
trains to the statement of else contents of these letters. I went to Roche's stables, and found a mare, which I delivered the
Cross-nomination continued—lt was not on account of any des. I
next day to the last witness. On the following Sunday, I appre-
serisfactlnn that I felt with the master that I took mo son from Die, hentled the pritoner at Mr. Roche's house. I don't know any thing
Warren's school. He was sent to another school immediately—his mare shout the transaction.
progress was slow at both. My son was not placed with Mr. Pol. 1 A witness, named John Tozer, was here called on his recog.
larl on triel, and had not lived in the latter's house previous to his 'Meaner, but not appearing,—after a considerable time had elapsed,
appreetieeship : but the defendant knew him. I lived about ten Mr. Juetice Geeeter intimated to the Jury, that, through the
miles front the defendant'a residence. My son resided three months j absence of Tozer, the chain of evidence had been completed. It
with Mr. Pollard before I received any intimatior, direct or indi. I wee their duly to acquit the prisoner.—Ahe Guilty.
net, of his want of capacity for his profession. When the defend. The witness Tozer here came into the box, panting with haste,
ant expressed his doubts of my son's sufficiency I did net desire when
him to keep him. There was a difference of opinion between us Me. Justice GASE LEE informed hith that the prisoner hal been
on the 'ultra of my son's abilities. I thought the defendant had ; acquitted in coreequetice of his failing to attend and give evidence,
come to a premature conclusion, and I mourally wished my son to he wits bound to do; and that his recognizance should certainly,
bare a fair trial. Mr. Pollard made no objection to my son's re. Ibe estrested.
matuing with him. 'ln a month from that lime be made a csmmu- I Tozer. (with considerable trepidation• and in a very asthmatic
amation to me respecting my sou—he sent a message by my brother j utterance), My Lord—l ass n't--present at—the--adjoumment—
to this effect: " desire your brother take sway his son, he does not ; of the—Cnort yesterda• —and did—not know—the hour I—should
suit me." My brother did not say Mr. Pollard's desire was —he required to—attend—l hope your—Lordship—
tour,ded on any opinion of my son's inability. Some time after. Mr. Janice GASELEE—It was your duty to hare attended at
wards I pressed my brother to tell me if he knew or could conceive nine o'clock, of which circumstance I am given to understand you
the reason why Mr. Pollard sent me that message. My brother. , were aware. Your recognizance, whatever the amount, is forfeited
who seemed to have a horror to express what I subsemiently felt jto the King. Yell may retire.
heroism bearing, at last said, "he thinks him a fool. • I never; Al. Ten cern (who was for the prisoner) seated to the Court
had any entiverestion with the defendant since I received that Ina-' that there was seethe indictment against the prisoner, of a similar
sage. I had never more than one conversation with him before on I nature to that now disposed of, and he trusted his Lordship would
tin subject of my son. Letters frequently passed between us , sutler it to be postponed. in- order that it might not be tried by
00 the subject. I knew of Mr. l'ullard's intention to send my the same JUT', which tied passed upon the lest case; lest an undue
sort hone in the month of May. My son remained till defend. pinjudice, injurious to the interests of the prisoner, should be per.
art turned him out of his house, which was in January 1925. I nutted to influence their minds, through thee cognizance of the
Lave received back all the premium. I did not make any cum nu. present charge.
lineation to Mr. Pollard, respecting my son's slowness in the at- i Mr. Justice OAstLES assented to the proposition of the beamed
quiresumt of classical learning, previous to the latter's being ap- ' Gentleman, and directed, as the prisoner had not yet been arraigned
prenatal to him. I thought they knew each other sufficiently op the second indictment, that lie should be put aside, anti reserved
iSomeletters were written before and sortie after thaw now prod'uced. fee another Jury. '
A t t'ut period of this correspondence, the defendant charged me The prisoner, who (as we underetend), is of highly respectable
with Suppressing and concealing my sea's incapacity. connections, and son to a dissenting clergyman, appeared corn.
Reotetamined— I have had my son at home with me during the pletelv o.erirbelmtd with a feeling of his unhappy situation during
vacations, sad have attended to him particularly. the progress of the Mal. His dress and demeanour, as jar as the
Mr. n mete tts in this place put a question to the witness, latter was unconstrained by the degrading circumstances of his
re:sties to the capacity of his son, which was objected to by defend- condition, were such as proved he had moved in a respectable
ant's counsel, who maintained that as the witness bad not been clam of satiety. He reclined his head upon his hand all through
croes.examined on that point, which was, in fact.. wholly uncon- I the trial, and, at its conclusion, was removed from the bar
tented with the issue now betas the Court, the questior. could not' evidently under die influence of very acute feeling, and greatly
be admitted to be put. agitated.
Mr. WILLIAM:, contra, insisted that the question might fairly I Some petty larceny coin, of no particular interest, were then,
be put, inasmuch as although the nom-examination did not for- j Oispowd of ; and a fresh Jury having been sworn,
molly extend to the capacity or incapacity of the prosecutor's son, ; The prisoner Percival was put to the bar, and again arraigned
yet inetoint of feet the tendency of the cross-examination was to' and put on his trial, charged on a second indictment with fele-
thew the incapacity of the young man for the profession he had nionely stealing a horse, the property of Wm. Alugford, on the
I
undertaken. litth of April, at South Moulton, in this county.
Mr. Justice 101 l T LEDALE decided the question could no James Lee—l aam leerier at the White Hart, South-street,
be pot. t Exeter, which is kept by John Lake. On the 211th April last I
?A-examination resumed.—The only communication I received was at the White Hart on the evening of that day. I received
respecting toy son from school was, that he was slow in acquiring directions in go into the mettle& men:, where I yaw a person
classical information. In the mathematic*: lie was considered a whom I believe to he the prisoner at the bar, but I can't swear to
proficient. bin. He had arrived about half an hoer before with a horse and
:Or. Sergeant PELL, for the defence, began by stating to the gig. I was director by him to go In Mr. Wm. Mugford's, Paul.
Jury. that die opening of his Learned Friend (Mr. Williams) had street, and hire a horse for lie o'clock the next morning, to go
et bees warranted or espy-eta! by the evidence afterwards ad. about eight miles en the /funitoromot. The person said he would
diced.- In the first place, his Learned Friend had informed them he heck at Enterer about two o'clock on the same day. I hired a
Wm within a fortnight after the time when plaintiff's son had been horse front ?dr. elegem! accordingly. Tie person directed ine to
sent, tp the defendant the latter expressed-a decided. premature, and teed the horse that came in the gig well, as it would have to gu!
illiberal npirtion with respect to the capacity of the young man. back to Exmouth next day. The person went away with the horse
Newest) far was this statement from receiving support from the I hired, but did not reedit' at the time appointed. After he had
erirteice, 'het It was distinctly contradicted, and it had been proved gone away the owner of the horse and gig came and book them
out of the olaintiff's own niouth that his 800 remained a whole I away at die time which the traveller had previously mentioned.
year in the defendant's home, and that it was only at the expire. Cron-examined—A peraois came from Exmouth and claimed the
von of three montheafter his going there any complaint of ince- horse the traveller left at our inn. The person directed me tie feed
Rielly was made by his muster. So much foe two of his Learned I the horse lie brnnght with him to the White Bert, as it wottld hi
Friend's statements. With respect to another, namely, that the sent to aeon to Estnionti" the beet day,
Intellikence of hes son's inadequacy bad not been communicsted son of 14m. Mogfonl, rho prosecutor. to Henry Al ughwd.—l am'
ler- lAy in a proper and becoming manner, he thought Ile lets out hues. I recolieet a horse being ordered by the last
lie n,iould be enabled to show the Jury that this allegation wittes, on the evening of the ?Chit April. 'The 'hostler informed
me the horse was to e,o eight miles en the noniron rood, and
did not rest on tinter grounds than the otben. The Jury
wood he pleased to recollect they were assembled upon a I shored be ready at helt-paat live, or a quartet before six the next
eery dnportant and delicate investigation. They would consider morninp. le cm-serene.- Of thie I got a horse ready, anti took i
tits siltation in life of both parties; the defendant ware admitted to ito the White liar' 'at about a quarter past six. Tbe. prisoner •,
be a grefessional man. in full pumice, and that ploiritiff, whom he !the bar came one, mounted, and fade the horse away. In aqswer
woe eberged wi thgrossly and wantonly insulting and maligning, to a question front me, he mid he should return with the hone 40-
'.'• ' - '

... 'yid s aiwipos of ate Ma
E ittopspoly la weatosh—and ;toady outraging do feelings of omega tsT airsoying the
g
Wigs iPtitincebyerl. Vtlististrey tar his ,tallistr helot axpesseti bin
issloggspog gto.hajneyhy lowhintannid.elld as. ,e as of his sena. And how
*k/P•41081=t
eadatgabasialiadat ttealldtg sot decal is itopelasely attentpilag titled? Had the whale of 1
•fa lapis. thisserhapaa Ms. Sy was not aware demi impatetlen t hew hie before . the Jury
Ilaine gross% its aware than shtl, as which had has esavvyed In lattseshadteap . poaching ~
Ins measured or sober hinging, against an • individual, arcum- 'or dependineapenffisniel
stacked like tho plalitiffi He put it to the July to say. whether Jury wee asqpialcastosoliti
strong to characterise broken pailloanse shavesany terns he could use seas sufficiently
such proceedings end damage as had been made use of by the de- i between thrallsirditastda
fendant in this action. • With newt to the answers to those un- !acclaim tinisilleinhaleted nt,
ustigairks attacks, they were conceived in a spirit wholly dienent, I parties upootellasairjeet. bo
tad peeved, that although- the,presecutor could not divest himself' the subjoin at We .prinect
of his lecher ; as a father,.lie wai determined not to lose sight of i monstranothilffininhole m
the ar• of his situation, se a gentleman and a clergyman, conadmaelaetoMeJury ti
end reihdatedl his reply to Ass scurrility of the defendant se- I rendtpageagegaigaand psi
aordingly. The Jury walk *verve, that Pollard had taken had pesisaiffiregiriahe.Col
apno himself to exposes • decided opinion on the capacity of sequences Ifinfittoonsas t
tibeArainey unit at the. and of threinit fortnight I and, neverthe. lenged the ddhaihro ao Iwo
isasiausisit equal eadidasty sod liaaour.• he afterwards talked of diw his in corn plusher for the
stidhic sharp ssolosi tots hat laStood for his inettnetion, as if he shonld eagageowal be had
vide Imilwahatead so stasibter stagnate and correspondent to his son wee& person of the
' lobs onsitiaLln that: short space of time. This pression coneyeti to the mi
Itel a adalt the rooshtlag Ariadnet of the defendant, and ;to dlr. Loy himself that
• ' edges* tow* an unjust appropriation of his pro- I disdain to avail himself a
• - molt- Isis again with a-charge of meanness, insufficiency, and he wa
sw - Xhalaets. But if the youth were actually, was not the issue so be tries
I •to the defendant, as the latter wished alleged that Mr. Pollard ay
.
• abbe oat free himself from the annoyance
the young man in the earns
sfilltholoiletlairsang giodon I
an, and at once consenting to re- the prosecutor ; but even et
limtffiellagremiffiltbe hod votteiveil ? But net this gehtleman wished did mot appear any authovit
IdlibilatisAlaila radon to attempting to get rid of his ineumbrance peat the expression to M r..
iroLardet that hs alight mato a more than /tritely bargain, by can- *tendon ? Was it for the
ceMitig the• lobotomy, • and potting the premium in his pocket. the defendant, and placing
With reasid to the Abel, samara foul, false, and panty unfounded I No such thing—that ern al
one had.arree been ectramitied to paper. The defendant, indeed, I for this proceeding P Was
had intimated his willingness to submit to a reference, on the con- That had been paid to the,
dilionehat so concealment were used in the matter. Where was a pan of it. What then w
the morn foe concealment ? Mr. Ley had nothing that he was what the conduct of the pl
040" to hide, and the conduct of the defendant had made it im- to retain the young man in
gnat *got him to conceal; if he wished it, the insolt and injury the end of that period the d
Ruin the parson of his son, by the publicity Pollard petent to discharge the nen
of sill
the
Er limandieuhe ( Alin7:lWillitaioni&M.
iwi
s)Thhe.dJurryetbhlady
andhearitihe. thistnalbelyinwgiathakineng to be ether
he (Mr. Williams) had feebly sod (miuf. hi. being taken home, the
tMly characterise them as they deserved, but no meat for a libel, and weft
Urge it. They holdall() heard read the letters of eesaary foe the defendant,
any thing be awe wholly and utterly unlike extensive practice, that all •
than they were? They contained net a single i deity and intelligence, and
by a respectable man, and a gendcman, under rotor not to come within t
and aiffertag at the moment from the effect I Nee! his services, and dist+
• ilibitherh est degree wounded sad exasperated by the I_l wholly unfitted for-a )ropes
ssooldfiatahi dsiesdant. In the second libel, mention was wide rThe ittlention for the Jury
tif tatilharliellar of the prosecutor in no measured terms; and he 'defendant really entertain t
wall as punning coodi:duite at variance with good and I esmpetency of the prosecto
4 *Una. This was y unfounded antinnjustillable, ' so, he was fully authorised
0207011
and. .Vpitielbk, heighten and rendered more, atrocious by I father. Whether the opi
tno etstanaltiota of the object of all this vituperation being a eke- matter, and bad nothing to
gloats of ilia thatch of England. He did not care to trouble a privileged case, in which
the Jury W sidling- their attention more particularly to the de. lure indicated was allowed
f mcian Os allusion to the Lord Chancellor, which mionable witticism grossness of language cmp
it appeared doubtful whether he most meant to attack the plaintiff or fact to be so, it might have
the high character he had so unnecessarily introduced. Let the the letters which had passe,
Chancellor's conduct rest upon its own merits, his (51rAVilliams's) said to cootain libellous ma
businelis was with the libels as they related to the plaintiff in this bear in mind had not been
proceeding. Looking to all the circumstances of this very gross fact alone spoke volumes fc
and shameful attack, he thought there could not be a mingle indi- safely conclude was contain
vidual in (but whose feeling on the subject was not similar to his produced. might have giver
own, and •hose heart did not sympathise with the pmaecutor's, and rue presumption fairly (let
j'astity him in risking these letters the subject matter of prosecu. letters, forming, as they d.
iron. This less his decided and sincere opinion, anti he trusted the they did contain matters of
Jury would go hand in hand with him in their verdict. With re. this weighty consideration i
gun to the defence. or, more properly speaking, attempt at este_ the letters to be libellous n
nuation which might be set up by the defendant, he (Mr. Wil. !ion, because there was no
_ _ . ...