The British Press; or, Morning Literary Advertiser.
London, England, 1809-10-10 00:00:00

I,PIS DS, OCTOBER 6.

TRIAL FOR SEDITIOUS WORDS.

I

James 'break, I)Lielt.utltth. of Mirfielif, was
charged with uttering seditious. words. The in-
dictinegt consisted of two eon its. The ling charged
the Prisoner with titteriog these words, with the
intent to stir up Ills Majesty's subjects to sedition
and hatred of his pars"' and governor,-nt. The
second stated the words to have been used iii con-
tempt of Ms Majesty's persoii and
William Brooke, P.sq. stated, that he was a De-
puty Lieutenant, Hod that, on the 31st Mar last,
the Prisoner appeared before horn ut the Court-
house at Wakefield, for the purpose of being.tn-
rolled in the Local Militia; that in 1141111014C1111K
the oath to I ,he recited it sentence by sentence,
stir Prisoner repeaving the *wits after him ; but
noun he hail i.nt to the wont. *0 bear true allegi-
ance to Dm Majesty," the Prisoner said, t, damn
King George." The witness being shocked at the
expression, laid down the book, and, after consult-
ing with the Gentlemen who were with him, the
Prisoner was committed: The Prisms, r did not
appear to be in liquor, but said the words delibe-
rately, and appeared rather serious. On being
cross-examined by the Prisoner's Counsel, he said,
the word dawn was introduced into the oath,
after Majesty, as thus, "you shell bear true al-
legiance to Ilia Majestya, damn King George."
Mr. Brooke iiiadvertentlyi added, that he recited
the above wont-, and the Prisoner repeated theta
after bon. this mistake excited a general laugh,
which the CIIAIIMAN severely censured. The
witness said, a great number of persons manifested
some reluctance against taking the oath.
Colonel B•tVer011, who was also a Deputy Lieute-
nant, deposed to the same effect.
Mr. II sevroon. Counsel fur the Defendant, said,
a great deal of pains had been taken to crush a
worm. Two Justices of the Peace, and two De-
puty Lieutenants, attended to give this trumpery
prosecution the greater solemnity ; one of whom, to
make tits testiniouy more impressive, hail written
the words down, and read them to the Court. That

the words were spoken was proved; but that was not
the point ; the issue the Jury had to try, was, the in-
taut►on with which they were spoken ; it could not
be with an intent to stir uti Hi. Majesty's Justices of
the Peace, and Deputy Lieutenants, to hatred of his
person and government ; the first count must of
course be laid out of consideration. And as to the

'wood, he thought it could not be supported ; the
man was out of humour at having the oath to take,
hutting got it into his head, as great numbers of
persons tied done, that taking it would subject him
to go for a soldier. . The words be radinitted were
very indecent; and if they lied contented them.
selves with the week's imprisonment he had receiv-
ed, at Wakelieldrit would have been well enough ;
lost to make ittlie serhjeet of a grave prosecution, was
ridiculous. Tnis prosecution would cost the coun-
try 2001. which they would have to pay ; but when
he considered the rate at which those who were last
week tit the bead of affairs, spent the money of the
nation, this was not to be wondered at. Mr. Hey-
wood adverted to the inflammatory paragraphs
which lied appeared in a neighhouring newspaper,
all tending to prevent this unfortunate man from
hero % ti fair trial ; but the folly .and nonsense of
*IMO paragraphs, was, he tnerirghr, *sufficient anti-
dote to their malignity ; among other ob.. rvations,
equally absurd, it was stated that the Prisoner's
gland father was a seditious character! I believe,"
said he, "that name other peranniegrandrat hers *file
guilty, not only of sedition, but anointed of high
treason, during the rebellion in favour of the Pre-
tender, sold that they were indebted for the recove-
ry of their estate', to the inagisaiiimity of a Whig
Administration. On the giiiiiiils of this attempt
to exelill ibr.ju.tiew, I might have moved in remove
the trial; but I was convinced that a Yorkshire
Jury had the good sense to treat these tuflaminatory
writings with the contempt they justly merited,
and, uninfluenced by inahgnant misrepresentation,
would give an honest ver.itet between the country
jind the Prisosier at the liar."
M. A. TAYLOR, Esq. the Chairmen, said, the
words laid in the iudictuient had been clearly
proved to have been used by the Prisoner ; the
,
question. and the only questiou for toe considera-
tiou of the Jure, related to the intention with which
they were spoken ; and, lie thought, that, consider-
nig the eircuinstiocis or the ease, they might lay
out of Oleir consideration the first count of the
witrvii charged them to have been used
with au intent to stir up sedition, and excite hatred
of His Majesty'a person nail government. It was
to the amid cauld that he would call their litters-
tam ; which tine worth to be WOrll3 of con.
tempt. To judge of the harm with which they
were spoken; the jury world consider upon what
aces/non, where, and in what connexion they were
used. It was during the rolerniiity of anuath, be-
for:•an assembly of nwistrates, and was introduced
even into the oath of These were cer-
tainly aggravating cionnurtaoces, and the jury had
-tile testimony of Mr. Brooke. and the other He-
pity Licutetiant, that the Prisoner did not appear
to be in. a possum, or in liquor, but spoke them
apparent delilicretinti and seriousness. If,
from these eircuinstunees, it Olen appear to you
(said the Chairman) that the Prisoner deliberately
used thr words in contempt of Uis Majesty, it will
be your eta ty to find him guilty on the second count
is/the indirtittent. .lint if it is your bell. r, that the
words were 11w result of a sudden impulse of 'Liget.
or spoken thoughtlessly, without any tyilinteution,
you will theta find him not guilty; but dolt the
words were highly mile-cent and reprehensilile,
there could he sin il.iiiht. The Jury, after • few
ensnared,' deirheratont found the Prisoner Not
and. he was iminefliately ifiatikarged.
David Jolly, converted of stealing pair of
breeches, in this dwelling-house of Martin Morley,
was also sentenced to the same punishimut. It
appeared from the coarse of the last three
Prisoners, and Oi HY,' circumstances, that they had
long been in the hobit of enimittin2 the most
daring robberies and burglaries at Knottingler,
Sherbert', Castleford. Mdboorn, and oilier heigh-
boorine villages. The Chairman said, he consider-
ed them to he such dangerous characters, that he
intoishi write to the Ster!-tary of State, to request
that they might be scut out of the country as soon
.is yossiLle.