The National Register.
London, England, 1822-03-10 00:00:00

OLD BAILEY SESSIONS.

MONDAY, MARCH 4.
TRIAL OF CARLILE'S SHOPMEN.
John Barclay, a youth, was indicted for publishing a
blasphemous and seditious libel, in a pamphlet called,
" A u Address to the Reformers of Great Britain."
Mr. Adolphus opened the case for the prosecution,
mak log the usual observations upon the nature and ten-
dency of the libel.
Mr. W. Payne, the chief clerk to the magistrates of
the Justice-room, Guildhall, produced a pamphlets
which he said he had received front a person of the
name of J. Pinion out the 22d of December, the day
the inlbrmation was given against the delentlatit at
Guildhall. The warrant (Mr. Payne said) was at first
issued against a man whose name was unknown, bu
whose person was well-known. The defendant, whets
brought up for examination, was asked whether he chose
to give his name, and he gave it with very little
hest-
tattoo.
John Purton swore, that he was a constable of Bow.
street. lie knew the shop of Carlisle, at No. 53, Fleet-
street, and on the 21st Dec. he saw the defendant
serving there. I,Vittiess ott that purchased a pamphlet
front him in the shop; he asked the person whom he
bought the phamphlet what his came was? and he re-
plied " that is a question which I have no right to an-
swer." On the 22d of Dec. (the following day) he
obtained a warrant, at Guildhall, and in about a week
or ten days he executed the warrant. The defendant
was then taken to Guildhall.
Crovs.examined by Mr. Hill for the defendant :--You
are not a city °dicer, then 2—No, I am not.
You did not go into the shop of your own account ?
—No; I was employed to go there, 1 was sent.
By whom were you sent?—By a gentleman of the
name of Sharpe.
Is that the gentleman who is called the "11onor.ary
Assistant Secretary to the Cmistiutional Association
have heard so.
itippose wilt did not do this exactly for the public
good, but you were paid lot it?-1 wits paid fur my
loss
of time.
Have you seen any body in this affair ?—I have seen
Mr. Murray.

,1•.• •

How long have you been employed in this sort of
trade.
The witness said, he would decline answering this
question.
The alledged libels were then put in and read. They
consisted of the " Address to the Reformers," upon
which Vampleu was removed on Friday night.
Mr. Hill now rose, and proceeded to remark upon
the " damages" which it was said was likely to result
fruits the publication, and observed, that so lar (ruin the
possibility of danger resulting from the publication
of such trash as the pamphlet now before them, he
would maintain that the very assertion was a libel upon
the people of England. If such insane trash were to
be made the subject of criminal prosecution, he would
recommend the Governors of New Bedlam to prevent
the unhappy inmates of that place from baying the use
of writing materials, for if perchance any of their lite-
rary productions should fall into the hands of the " Ho-
norary Secretary," or the Honorary Assistant `Secretary
of the Constitutional Association, we should have Bed-
latuites appear at that bar to take their trial for libelling
the Constitution ! In some further observations, the
learned gentleman begged to call the attention of the
Jury to the circumstance of members of the Constitu-
tional Association, who were the avowed prosecutors in
this case, being engaged hi procuring the work for which
they had now thought proper to prosecute the defendant
at the bar.
The Cummon Sergeant.—Nothing has been proved
respecting the Constitutional Association, and I must
say you arc abusing the privilege which is given you, of
addressing the Jury, by making such an assertion.
Mr. 1611.—The winless Purtun said he believed Mr.
Sharpe and Mr. Murray—
The Common Sergeant—The belief of the witness is
no evidence.
Mr. Hill was proceeding to remark on the Constitu-
limit' Association, when
The Common Sergeant said he could hear nothing of
such an Association. Thera was no evidence about it
befitre the Court.
Mr. Hill said that on the trial of Vamplew Mr.
Adolphus had been allowed to indulge in a long cube,-
gmut upon the Constitutional Association, and he con•
tended that he was entitled to the same privilege,
although he should happen to speak of the society in
rather a different strain.
The Common Sergeant made no rep, f
Mr. Hill, in continuation, said, we had at different
times had quacks of various kinds—we had known of
quacks in medicine, quacks advertising to cure the body
natural—but now lie had a body of political quacks—
and a new medicine to physic the people into loyalty was
advertised and attempted to be thrust down their throats
by these constitutional gentry. We had now an asso-
ciation of persons who were seized, it would appear,
with a sort of political hypocondriacism, and who fancied
that the constitution (oi me country, he meant) was
aiiiicted with all sorts of dangerous diseases, which they
in their infinite wisdom hail undertaken to cure. After
Wilke further observations of this kind, the learned gen-
tleman concluded by contending that prosecutions of
this sort did infinite harts, and calling upon the Jury to
acquit the defendant.
The Common Sergeant then proceeded to charge the
Jury, and the Jury, after an absence of one hour,
found the defendant guilty ; but recommended him to
mercy.
lie was sentenced to six months imprisonment its the
house of correction.
ARRAIGNMENT OF A MAN UNKNOWN.—The shop-
man of Carlile, who has refused to give has name, was
put to the bar to be arraigned while the Jury were con-
sidering their verdict in the last case.
The indictment was read by the clerk of the court, and
it commenced " That you, a certain man, whose name
is unknown, &c. When the clerk had finished reading
the indictment, he put the usual question, " Are you
guilty, or not guilty."
Posoner.-1 demur.
The Common Sergeant.—Do you understand the
meaning of a demurrer
PCISOIIer.--Yes, I do.
The Common Sergeant.—What then is the meaning
of ? 1 should be scurry, it through ignorance of the law
you should bring yourself into any awkward dilemma.
Mr. Prendergast.-1 sin his counsel, my lord, and I
advised him.
Tne demurrer was put in and read. The substance
of it vs as, that he (die prisoner) was not described in the
indictment by any nalbse
The Common Sergeant asked Mr. Adolphus if he
joined issue upon time demurrer r
Mr. Adolphus.—Does your Lordship ask me join
issue immediately ?
Mr. Prendergast said the defendant was ready to be ar-
raigned last session, and issue ought therelore to be
joincrl i
Mr. Adolphus.—Then, if your Lordship pleases, I
will make till next sessions.
Mr.Prendergast.—The law directs you to join instanter.
Mr. Adolphus.-11 the court wish me to juiti instanter
I will do so.
The Common Sergeate.—lf you feel any difficulty,
Mr. Adolphus, the Court will allow you time.
Mr.Prendergsst said, the law required that issue should
be joined instanter.
The Cot 1111 l on Sergeant.—" I know of no such law."
Mr. Prendergast offered to show, to the satisfaction of
the Court, before it rose, that such was the law, but
after some further conversation the argument was ad-
journed.
'TUESDAY, MARCH s.—This afternoon, at five o'clock,
the Common Sergeant and Sir Christopher Smish took
their 5e,113 Olt the bench, when a young mall dressed in
black, and of decent appearance, was placed at the bar.
—Tins was the man who tin the et ening before put
in a demurrer, and to plead not guilty.
Mr. Prendergast then told him, " 1, as your counsel,
advise that tins demurrer is nut sustainable." The

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THE WA'

'NAL REGISTER

learned counsel then begged permission of the court to
withdraw the demurrer, and to plead not guilty.
The Common Sergeant assented.
The clerk of the arraigns.—Prisoner, you stand indicted
by the description of a man, whose person is known, but
whose name is unknown, and that you on the 20th of
December did, by the instigation of ihe Devil, &c. pub-
lish a blasphemous and seditious libel, &c. How say you?
Are you guilty or not guilty ?
Prisoner—Not guilty.
The Common Sergeant—Prisoner, what namedo you
plead by t
Prisoner—By no name; as 1 have been indicted by no
name, and imprisoned by DO name, 1 will therefore be
tried by no name.
The Common Sergeant—" That you cannot do;
neither you nor any one else can be allowed to appear
here, or act under a mask. You must give in your name
before you plead."
Mr. Prendergast—" I advise you to give in your
name."
Prisoner—(in a surly tone) " I wont."
The Common Sergeant—" Take him away."
The prisoner was then removed from the bar; and
William Holmes was brought up, and his trial was pro-
ceeded in.
He was charged in the usual way with publishing a
blasphemous and seditious libel of and concerning our
Lord the King, &c.
Mr. W. Payne produced the pamphlet, which was
delivered to him by Put ton, the Bow-street, officer.
Cross-examined—The pamphlet in question was left
in his hands by the Bow-street officer, Parton.
John Parton, a Bow-street officer, sworn.—He pro-
duced the pamphlet which lie had purchased hoe the
defendant iu the shop of Carl tie.
The libel was then read : it consisted of the " Address
to die Reffinners of Great Britain "
Mr. Prendergast addressed the Jury for the defendant,
and, in the course of his observations, dwelt with !noel)
force on the cconduct of this society. in prosecuting,
rather than contending against the opinions which werc
broached by the writer of the pamphlet in question.
The defendant then said he had witnesses to call.
Susannah Wright was called and sworn-1 saw
Purton, the spy, in the shop, and he said " that is not
the man."
Common Segeant--What do you mean by a spy?
IVittiess—A person who goes about entrapping men
nto the sale of works which they choose to call seditious.
Mr. Adolphus (pointing to Purton)—is that the person
you call " a spy ?"
Witness—Yes.
Mr. Adolphus then pointed to Harrison, the city
marshalman, and asked which was the 111311 she meant
rhe witness said she meant Parton.
Mr. Adolphus—Did you ask Klima to dinner.?
Witness—No, indeed I did not.
Mr. Adolphus—Have you had the misfortune to have
beets indicted for the publication of these works?
Witness—lf you call it a misfortune, I have.
Mr. Adolphus—Well; in calling it a misfortune, I
hate used the mildest term I could think of.
Witness—l shall have my own opinion upon the
subject.
Mr. Adolphus—Do you believe in the Holy Gospel?
Winiess—l shall not answer. When I am put upon
my trial 1 may give my opinion upon the subject.
The cross examination was continued for some length,
and the witness in her answers, evinced a degree of in-
telligence and accumen which have seldom been wit-
nessed in a court of justice. When it had proceeded to
some length, Mr. Adolphus reminded the witness, that
if she did not believe in the Holy Bible, the was still
amenable to 3 prosecution for perjury, and he would
advise her to be cautious.
The witness said she had no other desire but to speak
the truth.
Mr. Adolphus shortly replied upon the evidence, and
remarked upon the circumstance of the refusal which
had been given by the witness Wright to declare upon
her belief in the Holy Bible.
The Common Sergeant charged the Jury, and the
defendant was found guilty, and was sentenced instanter
to two years imprisonment, and at the end of that period
to enter into his own recognizsnces of SM. for his good
behaviour during life.
WEDNESDAY, MARCH G.—Mary Madden, a young
woman of respectable appearance, was put to the bar on
an indictment charging her with robbing, at various
times, Mr. Adams, a respectable tradesman in White-
cross-street, with whom she lived as servant, of nine
sovereigns,. a quantity of half-crowns, and shillings his
property. It appeared that the young woman had ac-
' ctss to the till of Mr. Adams, who, suspecting that he
had been robbed, marked sonic of the money ; and hay-
ing made the requiste preparations, the prisoner was
taken into custody, when the marked money was found
ill her possession, she confessed the remainder to be in
her box.
The Jury under the direction of the Recorder, found
the prisoner guilty, but strongly recommeuded her to
mercy ; in this Mr. Adams humanely joined, at the
same time stating, that as her father (her mother is
dead), hearing of his daughter's misfortune, he carne to
,him quite frantic, and had since gone raviva mad.
The Court said some means should be resorted to for
reclaiming the unfortunate girl to the paths of rectitude.
John Painter was indicted for wilful and corrupt per-
jury, alleged to have been committed in a cause in the
Coutt of Common Pleas, Sheills and another, v. Russell,
tried at the sittings after Michaelmas Term last, at
Guddh. 11.
Mr. Watford, for the prosectition stated, that a parcel
contiitri°e, 3161. in country bank notes, was on the Ist
of Deeeniber, 1820, was packed at Sir John Perris),
and Co.'s, in London, and delivered to the defendant.
who was servant there, to be taken to Russeti's %yawn-
office, Friday-street, thence to be forwarded by the wag-
goo to Plymouth. It was sealed with :he oilkial seal
of Sir Joon Purring and Co. and directed to Messrs.
Sheills and Co. Bankers, at Plymouth, to whom the

79

notes b. longed. A parcel, sealed and directed, in imi-
tation of that, did arrive at Messrs. Sheills and Co.'s,

at Plymouth ; but when it was opened, it was only
waste paper. Thosegentlemen brought an action against
Mr. Russell, as proprietor of the waggon, .to• recover
the amount of the sun deposited in the genuine parcel;.
and upon the trial of the cause in the Common Pleas.
the perjury chargeclagainst the defendant was commit-
ted. Tue following witnesses were examined : •
Mr. Wm. Gurney, short-hand writer, produced his
notes of the evidence grven by the defendant. He swore
neon the trial, that on the Ist of December, he had
three parcels to carry out from Sir John Perring's, and •
that he received the parcel in question from Mr. West,.
and he went first to the Swan-with-two-Necks, and de-
livered the two other parcels. lie was sure that he had
the remaining parcel in his bag. He went immediately
from thence to Russell's waggon-office and delivered the
other. This was about ball-past seven. The first pee-
son he saw there was a working man, who loads the
waggon. He requested to be served fiat, and laid down,
the parcel and came away ; he was sure the parcel he
received from Me. West was the same he delivered at
Russell's. He knew u person named Nightingale; he -
was a man with one arm and red whiskers. Hi could •
not tell exactly how long he had known him. Re first
saw him three years ago; he could not say whether tie-.
the Ist of December or not. He (.'gightingale) wag not
with hini• at the waggon-office when he delivered the•
parcel. Nightingale was then called forward in Court, .
and the defendant said that was the min. He would'
solemnly swear he was not with him at the waggon-
office. Nightingale was occasionally in the habit of
visiting him at Sir John Perring's, and taking tea with
him. He did not recollect seeing any person at the •
waggon-office hut the book-keeper, and two persons at
the door; he could have seen if were had been any other
person there, as there was light enough.
Several witnesses were that called, who swore posi-
tively that Nightingale was not Gum home on the night
when he was said to have been with the defendant at the
waggon-Alec.
rile defendant received an excellent character from•
several witnesses.

The Jury retired for an hour and a half, and then re.-
turned a verdict of Guilty%
The trials for felonies being terminated, the Recorder*
proceeded to pass the awful sentence of death upon the
following 14 prisoners :—Daniel tVithey, C. Marshal,.
alias Anderson, James Barnet Solomons. Hobert Grout,
Edward CoeWane alias Morrison, and W.Osborne alias •
Clare, fur burglary. William M'Ville, E. Chudleigh,
11. Newbury, Henry Stephens, and Martha Butterby, .
for stealing us dwelling-houses. John Flemming and,
Williaut Crashman, far highway robberies; and Hobert
Christina:., for horse stealing.
Sixteen prisoners were sentenced to transportation for,
life, and 31S for 7 years. A great number of prisoners
were sentenced to various minor punishments..
Thomas Burrell, the man convicted of manslaughteri.
by throwing Thayer from the window, in Charles-street, .
Drury-lane, was sentenced to one year's imprisonment.
A great number was ordered to various terms of con-
finement, and some to be publicly,, and others privately.
whipped.
THURSDAY, MARCH 7.--Chia morningthe Court as. •
ambled at half-past ten, pursuant to the aditanninent.
of Wednesday, for the purpose of proceeding in the triatl
of John Nightingale, charged with wilful and corrupt
perjury, in concert with J. Painter. On his name being
called by Mr. Shelton, he did not appear; the Court
then.ordered an officer to go to the several public houses ,•
in the neighbourhood to find the said Nightingale. The
oflicer having returned said, that Mr. Nightingale was •
"Non eat nirvana." Mr. Humphries was in Court, who ,
stated himself to be the solicitor of Mr. Nightingale,
and had seat hint at 8 o'clock; and could. not account
for his having taken flight.
Mr. Alley, the defendant's counsel, said it WOlll4l have-
been quite as civil if " this bird" had intimated to hien
(the learned counsel) of his intention not to appear, as
it would have saved him the trouble of coming.
he Coniston Sergeant then charged the Jury., and
ordered the bail of said Nightingale, which are two, in •
2501. each, to be estreated into his Majesty's Exchelpter.
J. Painter, the person convicted of perjory on Wed-,
nesday evening, was then placed at the bar, when the
Common Sergeant sentenced him.to be•tsansporsed for

seven years.
Solomon Holloway, lor•obtaining goods• and•morrey•
tinder i.alse pretences, was also ordered to be transported
for seven years.
Toe whole business of the session being over, the
Coon adjourtied to Wednesday, the 17th of April.
The trial of the person 111/ k blown stands over unul next .
sessions.

On Friday night last a daring burglary was eowivisitted-'
at the house of Mr. Dench,solicitor,uf Ely. The thieves,
after scaling. some high walls, and crossing two gardens, .
entered the house by forcing the shnutenand taking out.-
some glass from the kitchen window. They forced eight
locks in the dining room and room adjoining, and inc. •
ceeded m carrying off about 30. articles of plate and; some
wearing apparel. On obtaining their booty, the villains •
regaled themselves with wine and liquors an the dinins.;
room, emptying the contents of several decanters and
it has been ascertained from the burning• of a sand's,.
which they used, that they were not less thart•ieso
hours in the house. From some weapons with whiehr
they had armed themselves, it appears they were resolved
to make a desperate resistance in the evens of being
surprised.

Mrs. Omits has accompanied the remains► of her -
husband into Oxfordshire, to pay the last tribute of
respect to his memory. The funeral procession has
not yet reached Royston, as it moves at the rate of
not more than from ten to fifteen miles a.day. It
is not expected that the deceased will be interred
before Motaluy next.