The National Register.
London, England, 1815-06-11 00:00:00

TTTT: NATMNAT, REGTFrFER.

inoculated to be carried througia the *trret to •i• tuts,
minent danger of oth..rs—Vtily, Iltat the Small Pot; It
be squally liable to totothlano tat, should it I. come the
diettnent ; but that iu tact the learned rotin-el's rtn,
imply to that in.tintlion, a% every child ittoenlated ii
v.!, tea I rom ‘pkvotlifig the infection, I.v being pt will

and thirdly, that the children ttere exposed by the rte
of the defendant, which was punishable in the eye of t,
davits wel-e put in proving the fret of the di fendatit
I fated children with the Small Pox, nod desiring them
! to his home--that lie constantly reinia.d to %isit any a
ill ;t tnight be offer the inoctilation, and that ttvo chi'
caught the disca,c from others inoculated him, dtL
lenhorough was of opinion that the motion for arse I of jimsb
was not upou coo() groeml4. rind therefore it could oat be granted.
An affidavit was put in by Mr. Oiven, in behalf of the deb tulant,
stating that judgment bad gone by default, iu conseqtrenee of his
embarrassed circumstances at the time, although he h 41 a good de.
fence to the action— that his health would be rcrionsly inhered by
any ronfinement, lie having been subject to spitting of: blood•••-nr.t
he had been in the halnt of providing against the spreading of the
infection by desiring a handkerchief to be tied over the face of the
child labouring tinder the diseass, and that depriving him of ht. li.
belly world be taking away the only means of subsistence for his
wife and children, who were entirely dependent noon his industry
for their support. .Mr. Owen proceeded in mitigation, by cntitend.
in that every indulgence which had been
shewn in the former case
(the King y..krantandilln) should extend to the defendant, as the
offences in both eases flail been committed antecedent to the pro.
mitigation Of the law upon the subject t and that as %sell might • very
barristd r and attorney he potiishable for. every mootecesstill action
they brought, as Mr. Burnett, for having inoculated eti %%ha
died. (We are at a loss to diseoyer the analogy. as it was for the
exposure, and ad the inoculation of children, that the defendant
was indicted.) The learned Counsel added that ins client, who WAS
as poor as the apothecary in Ammo and Juliet bad been obliged to
let judgment go by default.
The A ttomey General, for the prosecution, had no objection to
reant the depend eat time to amend his affidavit, if he could swear
that he had tokrir anyprecindiax to guard against spreading the in-
teetion prelim:a to the indictment. Hr did not contend tl.at lane tr.
iation for the small pox was au offence in the eye of the lao ; nor
that parents had not a right, if they chose it, to viva) their children
to be Inoculated, in preference te Vaccination ; but he did conund
that no man was at liberty to male a trade of poisoning the air,
when, and to what extent he might think proper, by which the
lives of people were in ronstant &meet.- He made some %cry strong
remarks upon the confine( of the defendant, and left it with the
Court, to do that which justice and the safety of the community re...
slurred. Mr. Justice le Mane observed,' that the defendant had ad-
nutted his guilt by allowing judgment to go by default, and drat the
Court had nothing to do hot to pronounce the sentence. He. wished
it to be expressly understood, that it was pot fOr the art of itiocula.
tion, but for causing the children to he exposed in the public streets,
thereby endangering others, that the defendant was convicted.
The sentence of the Court was, that the defendant should be con-
fined for six mouths.—He was immediately taken to piison.

THE KING V. SIR N. W. IVII.IXALL
The Attorney General applied to have the ride for a criminal in.
formation obtained by him against the defetidimt, for a libel on
Count Worrohzoff, made absolute.
Mr. Scarlett skewed cause against the rule, and contended that
the publication in question, if a libel at all, had nothing malignant
in it towards Count W. ; that none of the circumstances stated in the
paragraphs were stated as facts, but alt given as the rnmunis of the
day ; and further, that as soon as the defendant was informed that
Count W. considered himself as injured by the publication, he wrote,.
declaring he would sooner die than knowingly libel any man ; offer-
ing to omit the obnoxious paragraph in the next edihnn of his book,
and to state the reasons which induced him so to omit it, viz. a C 011•
vietion of its falsehood : and he was now ready to adopt terry other
coatNe more satisfactory to Count W. which that nobleman might
point out, if such course were consistent with the character of
man of honour. Under these circumstances the learned Compel ex.
pressed his hopes that the Court would nut consider this as a case in
%%Veil to grant a criminal information,
The Attorney General was about to reply, when Lord llcn.
horon2b observed, the Court vrvuld not trouble him. The ride in
this case mpst Le made absolute, The arroment that there was no
malieiens feeling on the part of- the libeller towarda the person li-
belled, would noply in almost every ease Wisiell reale bwavre the
Cow t.oullie rule meije aliselejel

JUNE .11.
the
iitivital would
stioject 01 in..
mink could not
in it wo.• pre.
hin the walls—.
Totionitlidation
the liw. Afr,.
t
in to he taken
howetcr
ildi en had
11,..111 El-
t ,indenit tit •
tot be granted.
the deft tnlant,
•It‘eeice of his
it 41 a good de.
Illy Mitered by
•0; bloott--Ib•.t
leading of !lye
[lir lace of the
hien of his
isteoce for his
his iliditoty
it, by entittlid.
former case
whoa, as the
Itt to the pro.
It tnicht • very
ce•Ntill Helpful
ett ho
it n.; for the
!he defendant
;en', who WAS
ce obliged to
objection to
c could swear
vediug the in.
ld tl.at inoc u.
thr tau ; nor
their children
e did coin( IA
mint: the air,
by which the
tie %cry stroug
'ft it with the
,onintimity 114.4
'Want had ad- "
, and Ural the
. He wished
et of inoeula.
public streets,
ivicted.
/multi be cOll-
-
a criminal in.
or a libel on
Wended that
lilg niali2nant
stated in the
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