The British Press; or, Morning Literary Advertiser.
London, England, 1820-02-25 00:00:00

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LAW Llll7 LIJGhsVCE.

TIIE KING a. WATLING.

COVET OF KING'S BENCH, Wreirvitirran,
onissotav, FICIIMIARY 24.

Sittings before the Oiler JUSTICE and Special
Juries.

This was* I information against this and
seven other Defendants, all of thetas newsmen, for
publishing a number of Carlile's Ifepublicuss. pub-
lished by him oti the 30th of Augutt last, contain-
ing a seditious libel, entitled, " A letter to the
Ptittee 11.0,4ent, on the thank% which have been
given to the. Nlatti.trri.l and Yeomanry A.s.issitis of
Nlattelteuter, for the it:is-dere committed by them
on the 16:h of A ugut.t "
Nir. SHEPHERD opened the pleading• in all the
tra.eit. . .

The AreonNET.GE'r EttAt. rove, and addressed
the Jury. Ile professed his respect and veneration
for the liberties of the subject generally, and sinew;
their. he was reedy to eckstowledge the great public
importance of the liberty of the press. But while
he wes a. :IOX:011P ?.:aal.V man to preserve that liberty,
he elm the necessity, and he had no doubt but thet
the Jury wool., see it also, of preventing that
liberty from runiaing into excesses, and the still
more °I loos siesegssity of punishiesg these ex.
ceases when they took !dace. Such had become his
pandit' duty in Cie present instance, which he
thought he should best discharge by laying before
then, with as little comment as possible, the libel
of which lie had to complaie ; for such was the
ohvions and wicked character of the publication
befere Item, that he would only have to read it to
them to couvisiee them how indisnensuble was its
rennnient, all observation, would
he metes. after Celt. Fle felt sure, after he should
read to them a few extracts from the publication
in question, that they would do nothing else than
convict the Defendant, and that us a public officer,
be (twist trot do otherwise than bring that Defen-
date le fore them, in order to that conviction. The
nidober of the Mee/incurs starch he held in his
I' Ind, p iiifelise.l to tre.it t.f certain melancholy
c.sents which hall tr eispired a few days le lure the
tintel.csition, at Nlench-ster, which had Sioce much
vitiated the public mind throughout the country.
—[The Learned Genitensee then proceeded to read
A • iiiuii nt oral the publication. It was n tissue
of inonatory pessegea, and the Prince Regent
nes tie etch with very little ceremony throughout.]
Was it t t be endured that such publlcatious should
be dissetweated with Usti el:l4y stud without a strong
tetemet, at any rate, to pre vein that dissemination ?
Was it to he etidused that the person holding the
s ;wistful of Monarch, for such wee the cowl:lion of
11..1 Pliece Reereet tut Cte etee of the publicatiou,
slinithl he assailed in Celt m inner ? 11That
verooteet could exist with such crimes ragieg in
C:e satiety over which it had to watch ? If
silty p-rsois a ere libelled in a winner so aggre-
vated, would lie not have 1.,s action its that Court
fur offence t Then surely they were hound to
f 'l4 I.:AIM! the SOVtre;gll of the country, abase iii.
',is el eel cheracter wet existence were so intimately
Laxe.l up with the conduct of the public affeirs, the
st lute protection winch would leave been afforded to
ally *HAWAII:II, however private his station, or how-
ever itisienificatit his rank. The public:l6ml, as
tee!: steeds] perceive, grew worse and worse until it
perfectly manifested its object, which was to excite
the pithoc mind to discontent, to Freed disel-
I •entoi, and eticourage seditious instil the end
which tens caleuleied upon in ti tett terms by
the writer should he fully realized. [The
Learovil Gentleman read weather part of the
Eitel, which elf-cued te consider tee dissolution of
the esta!lltslimentas, awl the destruction of the ex-
isting orders of civil sus itty, as necessary, its order
to etieble munkied to beton aL,!ala de novo. 'fie
read etwellided wail Mies respecting
the f .te of Cite, ies I. which were applied in ratlike
a prophetic summer to Ins then Royal Highness.]
As wen of Sko!.t! 301: understanding, lie would ask
the Jory what olii-ct there could be in the publica-
tion to goeistion, but that !elects was avowed in its
nee ,s ? Were they tint written evidently with a
ve-sv to destroy the peace of society, and to break
tsee happy ft-rm of government under which the
people of this coolory hail enjoyed so low; es period
el and comfort ? Was !Mt that libel in-
tend, t! to intleme tie minds of the people, and
bring 4!)011r, as it so lit:sedy iusirueted. a CatilS.
11-011:1--! like the death of Charles I. ? No doubt,
I:ewe-vet, would remain oil the ))))) ide of the Jury,
when lie should have reed to them the passage with
V hi• It he meant to close his quotations. [lleving
teed some expressions rather snore violent tient the
piece ding ones]— Wes lie not right in telling them
that nu comment would be necessary for him after
le,ving read those extracts ? The Defendant might
deny his having written or originally published.
jle wished that he knew who was the writer. The
publication, however, must not be disseminated
emote; the lower oreleis, and the interference of the
laws became an imperative necessity. Such writere
must be prevented from dile:rising the poison
throligh the ennui ry, unit exciting the ignorant to look
for that destruction ut the existing order of things
which the author coistetnplated, but which, be
trusted its God, wrestd never be brought about. Ile
humbly expected from them (es lieu he *aid humbly,
lie eNleCted from them a'Alt the greatest confi-
dence ) a verdict suitable to the enormity of the
crime which he oboists! prove to their entire satisfac-
tion the Defendant lead committed. If the offence
should be defended weli ever so much eloquence,
end however much that eloquence might exceed his
owe, (ee confessed he was tint eloquent), he wrs sure
that they would detentiote according to the circum-
stances proved to them. and the effect of that proof
Impost their minds. Ile felt confident of gaining
the verdict, stud for that put pose he would call evi-
dence.
oiemitt Morris srourn...-1 went to the shop of
the le• fendasit iu December last ; be sells pam-
phlets ; 1 puichused this pamphlet from him ; 1
r.tre loin two-pence for it.—(ro a Juryman)—l
know it to be the name I then purchased ; 1 was
seat to purchase it, stud wrote my name ou it.
The pamphlet was Jett in, mid the libellous inu-
tile, read.
This was the ease for the prosecution.
Mr. Wailing Mended himself. lie was a very
poor matt will' a large family, and that was the
reaaoir he could nut afford to employ Counsel.

}U was P.,! ignorant man, and if ally eepres.
lams slinold drop from ham *bath might be dis-
pleasing to she gentlemen of the ,busy, he hoped
they would acquit him of wrong them from in.
cheat. ,as he never in his life had am in•
tent to commit offence against God or man. He
would first make a few observidinias no the striking
of the Juries. He had attroded the Crown-office
agreeable to notice, and a book was shewn hint in
winch, es he was told, the tonnes of all the persona
qualified to serve as special jurymen were entered.
F ;; this book he was informed that forty-right
WIMPS were to he selected, from which number the
Jury was to he taken, by striking mit all but
twelve. lie thought as fair at way as ally would be
to Oiske the first forty-eight from the commence-
ment of any one of the pages. Ile was tubs this
could not be allowed, and lie then proposed to take
the flast from each page opened el until forty-
eight were taken out. This. was objected to also ;
anal be then let them do as they chose, for hr felt
'Sure that. let the jury be selected how they suight,
no twelve holiest iii en would find him guilty. The
officers then turned over the leaves, Hod Indite a very
cautious and irregular 'selection, sometimes taking a
cluster of Haines from one page, Owes skipping over
!q•Ver.ll (once us many as 16), or taking mie or two as
they passed on. Still he felt no concern, as he
depended upon has 'Doucette',; and though the
Gentlemen whom he WAS addressing might here
been selected, as had beets said, out of doors (how
truly he could not say), on account of the opittioes
they had about politics, he war not afraid to trust
his case with any twelve respereable honest melt.—
lie had heard indeed, but he did mint know how to
believe it, that there were some Gentlemen, who
contrived by their conduct as jurymen to please
particular persons whose duty it was to select juries,
and so to get frequently called to serve as special
jurymen. Ile had heard that sonic special jury-
men earned from two to three !tumbril 110001.11 a
year by serving en juries. He did not believe that
his jury were of that character; but if they had
been, he should not he afraid to trust his case even
with such a jury. He was a poor mast, who used
by supplying a news-walk ; he kept a little shop in
the Strand, where lie sold newspapers and pamph-
lets. This was the way in which he provided for
his wife and family. The malicious intent with
which be was charged fur having sold this number
of The Republican, he could easily disprove, be-
cause tie had published popery and till"' on all
sides of the iptestimi. 11. bad wild The White
Dwarf, a publication which came out under the
patronage of Load Sidmoutli; lie had also publish.
eat The .Egis, a work plofesseally Mitsisterial ; after
that lie had been applied to by one Wino, to pub-
lish The Green Mon, a work written very tnuch in
favour of Government, because his shop was COO.
spicitous, and *limited in a good part of the toast,
said lie was on that aCeolsoll to have been the I.uh-
lisher. He wished the Jury jaunt to examine one
number of The Green Man, to see what principles
it was of.

The Ctiter Jus•rtce could not allow this, as toe
work was tiot in evidence befole the Court. He
was surf• to interrupt a Deft inlaid.
Mr. %Watling proceeded. lu reply to the obser-
vation of the Attoroey.(;enertil, that he wished he
knew who wrote the libel in question, he (the De-
tendon') would answer, that Mr. Carlde's name
was at the bottom of the letter. Cathie 11041 made
no secret of it that. he *HY Cie writer and publisher.
The wot k Inv! been going on fur six }ears. If lie
had been a;•pled to during in.y part of this period
to say who w.-re the writer snit printer of the work,
he should have answeied, that Sheiwiu nit* the
printer and Cathie the writer.
The CtiiEl, JUSTICE B mid, that the Defendant
was doing wiong to mention a person's 116111 C
manlier likely to be injurious to hilt, who was nut
then before the Court.

1111. IVailitig Paid, he was oily replying to the
temark tif the Attorney-Gelieral.
The ('utir• JUSTICE said, that he might have
averred ►hat he knew the writer, without naming
hint.

Air. Wat:int; replied, that Si►erwiu's name was
no secret. Ile kept one of the largest printing-
offices in town, mid he might have been found
there at ally time if i Hairy had beet' made fur
hint. it was very 11.1111 that although neither the
printer nor the pu!aloilter had beet' prosecuted,
that lie, oidy a poor 11rVi11111411, should be proceeded
agatost. lie hail l en taken up for selling one
her of The Rrpublican, and expected to
take his trial for the offence at the (darter Sea.
sinus. It was ver►• bard that his case should
have been removed, with such, tin increase of
clAculty end expense, to the Couit of King's
Bench. He again denied any evii intention
in selling the wink. Ile sold winks on all sides
of the question; but lie never had sold any thing
of which he had the least suspicion. He had
never sold any of '1 he Age of Reams, or of The
Deist, and lie never would. Ile knew not that
there was any libel in the pamphlet in question.
He was a very pour man, and hoped that they
would feel for him. He could never be dangerous
to the Government—he could not write libels—he
could scarcely read, lie would call a witness or
two to prove to them that he had no guilty inten-
tion in selling The Republican.
The CHIEF JUSTICE wislit•il to know to what
points he wished to call evidence beforehand. He
allowed I however afterwards to take his own
conise.

Robert Wilson proved that the Defendant sold
newspapers and pamphlets of all sorts; and further,
that he bore the character of a plain, honest, and
very industrious man.
The ATTORNEY-GENERAL said, that he would
only make one or two observations in repo". The
Defenehrit had riot ventured to drily the publics-
limp. or defend the libel. Ile had attacked,
chiefly by insinuation, the manner of selecting the
Juries. The Learned Gentleman these went
low a defence of the wethod used ill that pro-
ceeding.—Tiie Defendant hail pleaded, that he
sold publications of ail descriptions ; but this
Mad nu IIIIIIV•Cf to the information. Was •a pub-
lisher to say to himself, because I sell loyal
pamphlets sod reports of Bible Societies, I will
keep this srditirous pillions also to glistify oilier cup.
touters ?" It *As for selling this puison that he was
brought up, and not for selling the good and use-
ful works in which he professed to deal. But if
the Defendant had proved nothing for, he bad
proved one thing against himself. Ile had shoals

that his 'shop Was in a public itiLstation, *lsere the
opportunities for rlis•eminating the libel were so
much greater than usual: if the Defendant's
plena of ignorance, and that he was only a vender,
were admitted, every publisher in the country might
do what he pleased on the commission of such
crimes. As to his poverty, if that should screen him,
lie feared that there would be no want of agents to
disseminate the writings of such authors. Cathie
had not been punished for the libel in question,
because he was then suffering for other crimes, or
he would have hero brought up for this. It was very
easy to say that the writer should he punished, and
that there w•o nn diffictilly in coming at him but
it was a very diffictilt thing to prove the writing of •
libel, and the remissness of the law officers in charg-
ing one Defendant was sin plea for ;mother. II is being
a !war moan, and having a large family, might be •
useful plea to him at another time, but ought tint to
influence the verdict of guilty or not guilty. As a
public officer, he could not let such publications
go on without attempting to check them. As every
thing done in that Court was related out of it, lie
wished distinctly to drily having instituted criminal
proceedur;• against the Defendaist iii 'mother
Court. lie never had and• design of harassiug him
with suits and expenses. The only gnestiona for the
Jury were, " Is the publication a libel ?" If not,
he would not be entitled to their verdict. Secondly,
" Has the publication by the Defendant been
proved ?" If it had, he must then be convicted.
The CHIEF JUSTICE sum:ned up. The title of
the publication maw have bees. proof enough to
any man that it was a libel. It would be impos.
Bible to prevent the diffusion of libels if the
venders of them were not li.ihle to punishment.

The Jury %rollout hesitation pronounced the
Defendant—Guilty.

Till KING V. HARRIS.

This was the same information. Two clerks
of the Treasury, and one belonging to the Bo.srd
of %%To, kit, who had been summoned for the Jury,
were allowed to absent themselves on account of the
inconvenience it occasioned in their duties.

VIP ATTORNEY.GEN rRAL very briefly Charged
the Defendant, as all the Jurymen were in Court,
and heard the first inform.sitosi tried.

Proof was put in as before of the selling. or, as
it was termed in the inforination, the publishing.
And from the cross-examitiation it appeared, that
the informer, Lewis Lewis, hail in the first instance
caused the Defendant to be apprehended and taken
to tiow-street. Being examined and bailed out,
he had attended every day during the Sessions at
Hall, lint there was no bill found. He
then read it written defence, denying any ma-
licious, seditious, or wicked intent, such es was
charged to him in the information. He seldom
knew the content. of the papers lie sold, lie could
lint have time to examine them, as the customers
were generally in witting for periodical publications,
nod took them away as soon as they were brought
ion his shop. it news-venders were to be made
liable for every thing libellous contained in the
Papers, why not coffee-house-keepers also, who,
by keeping the Papers on their tables, helped to
diffuse the reading of them ?
The ATTORNEY-GENERAL replied.
The CHIEF JUSTICE summed up, and the Jury,
without hesitation, found the Defendant—Guilly.

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