The National Register.
London, England, 1821-07-29 00:00:00

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Well, I do not wonder should he anxious to se
parate yourself from the society ; but what are you to get
ter your job ?(—.-A laugh in court )
Mr. Justice Best desired that order might be kept.
Ido not remember; I have done several jobs. (More
laughing.)
Mr. Gurney declared that he should request the Judge
to notice those persons who were disorderly.
Well, but what have you been paid ;—I do not remem-
ber; upon my oath, I Juno!.
Come, come, the round sum ?—I think it is better than
IL, and under 71. 7s.
Arid how many of these errands did you ran on for year
71. 71.? Is it necessary for me to answer that ?
I think so.—l will take the opinion of the Court upon
it first.
Mr. Justice !Acct.—lt tends to nothing ; but it is as
well to answer it.
At different booksellers' I purchased different
I generally went to buy that which I myself thought
And withont hope of reward ?—No.
Oh, then it was not altogether out of virtue and patriotic
feeling?—Those were two of the reasons. (General
laughing.)
And that is your mode of getting your livelihood ?—At
present I have no other mode.
And how lung have you been at it ?—About a year and

va half with the Vice Society.
And what did you do before yon suppressed vice and
libels?-1 got my living honourably, as an officer in his
Majesty's customs.
And are yore still an honourable officer, Sc.?—No; I
have left my situation.
Retired upon a peusion?—No.
How old are you 2—Fifty-four.
No pension, eh?—None.
Horatio Orton was then called. A general murmur ran
through the court, which was crowded to excess: and all
persons most deferentially gave the witness •ay.
Examined by Mr. Omiley.—l purchased the work in
question ou the 20th of Match last.
Cross-elainined by Mr. Cooper.—How came you to
make the purchase was directed by Mr. Mur tay, the
secretary of the Constitutional Association. I was sent
on purpose to purchase it.
What are you, pray 3—l ant clerk to the association.
Not a clei k in Mr. Murray's office?—No: scpaidte
from the attorney's office.
And how did you employ yourself before you Hied
your present honourable post 2—l assisted my brother in
his business ?
What is your brother I—He corresponds with cowry
newspapers. I copied for him. I was not paid any regu-
lar salary; I had money when I wanted it.
What is your salary iu your present situation 3-1 t is n,it
fixed.
Their you work at present by the piece I—No.
Wells By st hut rule are )ou paid?—The committee has
not yet determined. But Idu nut cant money. If I caret
61. or 101. I can have it.

Oh, you cau have it T.—Not (rota the association.
No?—Nor from my brother.
Mr. Gamey interfered. It was his duty to protect the
witnets.

Mr. Justice Best did nut see u hat cud well a mode of el-
imination was to answer.

Mr. Cooper knew that he was not strictly regular.
Mr. Justice Bests—No, nor oily thing Ike I color.
Mr. Cooper rubmitted that it vine out usual in piusecutious
like the present to cuntine a counsel veil y strictly.
Mr. Justice Best ; No; or 1 should have stopped you long
ago.
Examination continued.— And is this the first job you las
done fur Murray ?-1 do nut remember.
You know a mau of the name of King 2—Yes ; but
1 du not remember to dune a jub of this kind with King.
Have you not made an affidavit in King's case 2—That
was since this.

How long have you been employed by the sucitty ?-•Since
tht Mb of January.
And how many jobs have you done T—l do not know.
Do you mean' they are so numerous that you du out rt.
member them ?-1 do.

And from whom have you had your instructions l—Gent-
rally from Mr. Sharpe, the honorary assistant sectetar).
Oh the I ))))) orary assistant secrctar).
(At this time the spectators. who were %cry numer.,u-,
were entertng so lieurtily into the feeling of tiie
minution, as in some degree to bre.k in neon the decursius
of the omit.]
Mr.Justiee lies( could not understand a hat was meant by
51r. Cooper's cross-examination. It would answer no pur-
pose but that of producing the kind of response which miss
then disturbing the proceedings. Mr. Cooper could nut
ish to produce such elf ct.
Mr. Cooper did not wish to ask a single question ssli;dl
was not to the interest of his client.

After a few more unimportant answers franc the
Oa ton, the libel was put In sod read. The passagts co/tags...l
were pretty nearly as follow To tuft of the Benno
constitution, I take to be a certain proof of dish.nesty. 13 t.
lain has 00 Constitution. lit the Spanish constitutioa [dere
is something tangible; but in Britain tittle is nothing bat
corruptiou through the system of goStriniient. The law'
are corrupt and pal Intl, both iu themselves and iu their ad-
ministration. I it short, corruption, its 1.1010110.1, at tilt sun
at town day, Is the oil as it is said, with which :he system
orks, and a precious oil it is for the interests of the people."
Iu another part of the pamphlet, the writer said—•• Reform
will be obtained when the existing autitio 'ties have no
louger the power to withhold it. It w ill be obtained as sum:
without petitioning as w ith at. But something more !Win
petitioning attitude w ill be necessary. At tilts 1110 ail Ili
NOUid not say a word about imuireetion ; but ae mast I.
ready and stead;, to meet roam tent eircuinshitices.”
Ur Cooper (a ho so much dist ioguislied tinoseii some time
ago, in the ease of the King against Davi ..... , by lies at •••
went that tile condo t of Mr. Justice Beg, to adopting
unheard of practice of tiling u defendant in the course dm.
defence, and thereby intimidating him, :Corded just
ground for a new ti tal,) then Bose to vldiess the Jury tin
behalf of the dercial.iiit at gie.it lento and all equal ability,
notwithstanding the ;cry frequent udeuupto.as of Air.
Justice B tit, who UfterWitida mein entu.l very clue eau-
labial. of the contents of the publication in question; Hurl
Concluded by intimating, as his optima to the
,iur), that Itie
publication was a libel of tlic most ilangeruu ileac rlpl nl L.
-
'The Jury, after a few monituts' comultattou, ;ea the
Court at halt past four o'clock.
When the Jiiry bad been uut an hour, a written comrou•
nication was delivered from their foreman to fdr. Justice
Beat. Com rcadwg the paper, his Ladsliip directed that

that the Jury should be conducted iron court and on their
assembilng in the box, inquired If there was tiny thing in
which ire could assist ;hem.
Foreman—My lord, we cannot agree ; there is no pro-
bability of oar doing so.
Mr. Justice Best—l am sorry for it gentlemen ; but I can •
not assist you.
A Juryman—My lord. I think tire foreman was prema-
ture in troubling your lordship s with a little more discussion
we might have agreed.
A.:other Juryman said—My lord, there is obstinacy.
Second Juryman—This is invidious, I am not the only one
wins stands out ; there are four of us.
The foreman expressed his opinion that they should not
agree.
Mr. Justice Best—Gentlemen, you must see the impro-
priety of this puolic discussion : you bud better retire, and
endeavour to ;wee among yourselves.
The Jury slain retired, and at eight o'clock desired their
families might be informed that It was not likely they
would return home before the morning.
WIBUNIL.DAY, JULY 95.
At tire meeting of the Court this morning we learnt,
that the Jury impannelled in this case still remained shut
tip in the CollllllollConncil Chamber, not having been able
to agree in their verdict.
At I l o'clock Mr. Cooper, the defendant's Counsel,
came into Court, and a conversation of some minutes took
pkee between Mr. Justice Hoiroyd (tire Judge on the
Bench), fir. Ourney, the Counsel for the prosecution, and
Mr. Cooper. Soon after. Mr. Cooper, having taken his
usual place at the bar, addressed his Lordship nearly as
follows:
" My Lord,—Having understood that the Jnry impan-
netted in the case of the King v. Mary Ann Carlisle, cannot
agree in their verdict, although they have now been shut
up together for nearly Y I hours, I think it would be cruel
to keep them confined any longer. I wish now, therefore,
to state, that I am ready, on the part of the defendant, to
consent to their being now discharged without giving a
verdict."

Mr. Gurney —" My Lord, on the part of the prosecution,
I have great pleasure in stating my readiness to take on
myself the re•puu,ibility of acceding to the proposition of
m. learned friend."
Mr. Justice ll,,lroyd—" Then let the Jury be sent for."
The Jury accordingly came into Court, and his Lordship
addressed them as follows t—
" Gentlemen of the Jury.—The defendant and the coun-
sel fur the prosecutor having consented that no verdict should
be taken in the case iu which yuu arc impanuelled,
um happy to relieve you from your unpleasant situation. By
their r unseat you are discharged without giving any verdict."
The Jury were then discharged, atter having been shut up
from four o'clock in the afternoon of yesterday swill a quarter
after II this morning—a period of 19 hours and a quarter.

FKIDAY, JULY 27.

LIBEL ON LADY THANKERYILL.-TIIE LING V.

WHAVtrt, SHAKIILL, AND ARROWSMITH.
In the early part of the morning it was understood that
the defend:llllN, who are the persons responsible for
the publications in the Johu Bull Sunday paper, intended
to let the verdict go against them without offering any
defence. The cause was called twice, but no special
juror could be found to go in the box, and as the statute
requires at least one of the special jury selected to try the
defendants, they could not proseed.
The ChiefJnstice, under these circumstances, ordered
another Cause to be tried, at the conclusion of which, the
King v. 'Weaver, Shaba, arid Arrowsmith were again
called.. One special juror, Geo. Lewis, Esq. merchant,
then answered, and with eleven italestnen, they pro-
ceeded to trial.

The Solicitor-General addressed thei jury as counsel
for the John 8011. He said, " Tne defendants are in-
dicted for a libel, and it would be quite idle for him to
say it was not a libellous publication. They admit they'are
guilty, and what they may have to urge in extenuation,
will be matter for another time and place."
Mr. Searlett, who appeared for the prosecution, ob-
served, " .My learned friend mazes no defence, and if he
sutlers a verdict or guilty to he recorded, I cannot object,
but it must he understood 1 make no admissions or com-
promise on the occasion."
The Chief Justice--." Gentlemen of the Jury, it being
ad:hilted that a verdict of guilty shall pass against them,
you will find the defendants guilty."
The jury found the defendants guilty. The facts con-
sequently were not staled.

IlA‘i ILES V. COSTCR.

In this case, Mr. liawkes, the plaintiff, who is a mer-
chant, carrying on business in the city of Norwich.
brought his action against the defendant, a silk-mercer,
in Latl-lane,,Cheapsitle, for speaking cerain defamatory
words of and concerning the plaintiff 's trade. The
words were." flawkes has stopped payment."—lt ap-
peared that Jlr. llawkcs had occasion some time back to
enter into some transactions with Sturt and Sharp, of
whom he purchased goods to a considerable amount.—
They were to be paid tor in bills at three months.—Mt.
Ilawkes was applied to heron the bills became due for
paymetn. The circumstance led to enquiry respecting
the inducement on the part of Stunt and Sharp to claim
the nioney bolore the bills were clue, and it turned out
that a malignant report had been raised aga:ust the
plaintiff's stability. Ile paid the bills by anticipation,
and Mr. Stun told him he had received iniormatidn trout
Mr. J. Coster, the defendant, teat the plaintiff had
mopped payment. Under those circumstances, the
Waintiii found it necessary to bring this action, not so
much to recover daeuattes as to vindicate his reputation.
Mr. Custer pm no justification on the record.
Mr. Henry Sturt being called, stated, that Coster called
on him, and said, a man of the name of here had been
to his warehouse and said he heard that liawkcs of Nor-
wich had stopped payment. The witness himself also
received a letter from Norwich on the same day, which
contained the words. " Hawkes has stopped payment."
The Chief Justice here intimated that the words in
the declaration were not made out to entitle tne plaintiff
to a eerdiet.

Theijicitor General, who conducted the plaintiit's
"'re admitted that he could carry the c.ise uu tort
and the plaintiff was nonsuited.
Mr. Scarlett said. it might he satisfaction to state, that
there was no foundation in truth fur the assetitoit which
the plaintiff complained of.

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