The National Register.
London, England, 1822-10-28 00:00:00

rii C. srio A NT.

This was an issue, directed by his Honour the Vice Chan-
cellor, in order to tiy, hy the serdiet or a Jury, whether 1:i01.
was advanced I• t: (let, iidant no the ./tb or February, ISI 8,
by the plaintiff, as u con-ideiatiuu fur taking a lease, of whkh
the plaintiff lied the beso.
The fai is were s'uo thy these •—A lady, nutted Seymour, and
and her brother, were the proprietors of certain couch houses
and stables in Bruton Alt% P, Bruton-street. The plaiuta
wished to become lessee for • tern, of twenty-one years, but
)Ir. Seymour did out like kin a. a tenant.—The plaiota, who

appeared to be upon terms offriendsliip with the defendant, am
auctioneer, IRIS supposed to have paid Mr. Stewart 1501. fur
procuring a lease trom Mr. Seymour for his use. It was proved
that Mr. Stewart had obtained a lease for 21 years, on payment
of 4001. premium, and 3501. per atinum. Letters passed be-
tween the parties, and bills of exchange, from which, coupled
with the facts, the Jury had to draw their conclusion.
After the cause bad occupied ire% eral hours, the Jury re-
tornedm verdict for the plaintiff, by which they decided that
1501. was paid as a consideration fur the lease obtained by the
defentlaut for the plaintiff's use.
WEDNESDAY, OCT. 23.
BLASPIIEMOIS LIBEL.
THE RING, ON THE PROSECUTION OF THE ATTORNEY•GESI-
- V. SAMUEL WADDINGTON, FOR PUBLISHING '6 PAL-
- NEU'S PRINCIPLES Or NATURE."
The Jury being impannelltd,
Mr. Waddington sdit d the Court as Counsel per se. I
have an objection ; it is, that the ease 1 ant upon the hoard*
fur, should not he tried by a special jury.
The Lord Chief Justice-1 MU bound to try you by a special
jure.
aildington then referred to a hook, upon whie:i he contended
he %e ms entitled to be tried by a common jury, unless his armlets
was of a nototioas character, as against the king's Government.
He submitted that this was not such an offence as could war-
rant an es-officio informetion.
The Lord Chief Justice said be should proceed to try—the
defendant might, jibe chose, move fur a new trial.
11 addineton—Your Lordship knows 1 sin entitled to a new
trial; and 1 shall have something to say to you before 1 have
done.

The Solicitor General staled, that the defendan was accused
of a blasphemous libel, which, as it must he read by the ollicer
of the court, he should merely state, that no person could doubt
as to the sacrilegious character of the libel. It reflected upon
the Old and New Testament, anti our Saviour, in the coarsest
language. The question would merely be, if the defendant was
guilty of publishing that which had already been pronounced a
libel in this court. Oarlile's effects being taken in execution,
it was thought there would be an end of such prosecutions.—
The defendant took a shop in the Strand, and inscribed his
name over the doer in large characters. Placards were posted
in the window—'• Paine's Age of Reason and Palmer's Prin-
ciples of Nature are now selling behind the curtain—no con-
nection • all Waddington the fanatic."—Waddington himself
Auld behind the curtain. Another—•• This is to give undue
that Waddington does not sell any thing seditious or blasphe-
mous—but Las a strong suspicion that somebody within does."
There was a string like a bell rope and kind awl trap window—
any person going up to the slop and ringing the bell, looked at
the board with the names of the books bold ; this book was Ir t
down to his hand by a rope, an his paying the price; this pm-
eon was known to be the keeper of the shop, and two or three
persons w ere employed to get evidence of this fact ; one placed
himself in a situation to see who wen: up stairs; they saw
Waddington and a buy standing by the epertute through which
the books were let down from the first Sour ; the defeuthent was
found chinking the money in his hand, Palmer'sn Principles of
Nature being at the same time let down into the hands of one
witnesses.
John Parton examined by Mr. Gurney.—Witnese is a Bow-
street officer—,knows a shop in the Strand, No. 200 i, it was
opened fur the sale of pamphlets. In May last the naine of S.
Waddington was painted over the door in large letters--Las
seen the defendant it that shop frequently. Several written
placards wire exhibited at the shop wiudow. Witness made
copies of t wo of them.
Mr. Litchfield served a notice on defendant to produce those
placards.
Mr. Waddington-1 never received such notice.
Lord Chief Justice—l don't think such notice was necessary.
1 reserve that foi loi ther consideration.
W itness read—" Nine's Age of Reams, and Palmer.'
Principles of Nature, are DOW selling behind the etutain—no
connection with Waddington the Radical." Copied another
paper--. To the forces of the liiidge-street sod Essex-street
gang. S. Waddington hating seen them roaming about his
glop like lions, seeking whom to devour. This is to gives
notice that S. Waddingtim sells nothing seditious or blasplie-
111100s. but has a strong suspicion that somebody under his roof
does." Oh d the shop with these placards exhibited fur
several days—made the copy on the 4th of May, the day of
defendant's second apprehension. As witness was watching
the shop, observed the manner in which Ilia business was con-
ducted. There was a spout connected with the floor abuse—
has seen customers put the money into a crimson bag, which
was drawn up to the find floor—these were one or two in the
shop occasionally serving. There was a speaking wimp, t
communicated to the first Door—there was a ring with the title
to serve each book—a hook for each book, and but one
Thy person indicated what books lie wanted by patting the ring
upon that hook. They were Palmer's Principles, sod Pain's
Age of Reason—these placards attracted a great number of
persons about the door. Mr. Poole, a tobacconist, occupie d ems
half of the shop, there was a partition bet we m them, and sepa-
rate entrances from the street, on the 4th of May went le
Poole's, with Smith and Gook, police aims, and front Poole's
premises commanded a view of the lirst floor, occupied by
Waddington (through the key-hole) opposite to whieh was the
spout ; Gook was stationed on the stairs : witness had watched
it for several days ; the door on the landing-place was Met. lo
' conseqemice of information received, Smith and witness went
out at the street door of Mr. Poole; Smith then went into the
defendant's elm') for a book ; witness looked through the shop
window, and saw Smith receive a book, which tumbled dotes
51)01 ; Waddington was not at that time in the shop: Smith
I remained in Mx or seven minutes, then Waddington came Into
T the shop (mom within ; thole is but one stair-ease to the two
shops, both Poole and W Addington have access to it; witness
i then went to Bow attest with Gook, sod got a warrant.
' which they executed by apprehending Waddingtomj la
the shop the witness bad previously purchased something of
W'addington.
Onset-examined by the defendant—What was it you pur-
chased ?—.l Letter to the Editor of the Traveller.
Will you swear you purchased it of nee! lam not sure.
purchased that of your servant, a boy, who appeared to be year
berretta
Will you swear lie was my eery ant ?—I believe so.
What did you purchase of me ? You are in a Court of
Justice ; you are to give evidence not on belief, but
positive.-1 purchased it of you, you desired the buy to
hive
it me.
Waddington— I shall contradict you—l was in Clerlenwell
prison at tlit time. Read the date of my euiumitmeat.
The Lord Chief Justice—Your time is not come yet for
defence.
Waddington—You swear you bought or me that letter
Lord Chief Justice—Atteud to 111 C, yon have intelligenee.
Waddingtone.Yes, too :ltch
_fur this Court I Wires.--
(Lagghler')

To witness.—l do recollect a summons to appear at the
SimiOn house, but I was not p t. Did yea attempt tele/
se information against me ?
Mr. Gurney interrupted.
Waddington—You'll pardon me, Mr. Gamey. I will prove
this is a polluted witness, sworn upon the four Evangelists ;
and if I eau prove him a perjured man.' not to be believed—
(drowning the voice of the Chief Justice repeatedly, who at-
tempted to speak)-1 submit, said Waddington, his evidence
ought not to be taken.
Witness—l did prepare to lay an information against him
be did not then do it.
Waddiagten.—Did you ant sweat ?
Mr. Gurney.-1 object—
W'addiugton.—l will be heard without any interruption of
Counsel. I am legal, and will he heard. I. will prove him a
perjured witne.s. Knows a public ketosis in Destreux-court,
when witness was, and took refreshment, defendant being
there.
Mr. Waddington insisted that Gook and other witnesses
should withdraw.—(Orders given so to do.)
Waddington.—Did you not read the pamphlet yon say you
bought of the defeu4ant ?--1 did not.
Chief Jusiice.—l cannot say that evidence is relevant.
Waddington.—Now, Sir, suppose I should refresh your men
mory—l will tell you what it was. Where was you when this
hue: of Palmer'so was purchased 1 This is a liaise fur askinS
questions.
Can you see through that hat ? (holding op a hat.) Now Gen
you see through a sheet of brown paper? Defendant observed
bs key-bole co the door was blocked up. (Lau-liter.)
_ _

yoi; could not see my band at the spout
Did you ever purchase of myself any book that was libel-
lous or blasphemous ?—No, I never did.
11.. t you have asked me for the Republican ?—Yes.
Did I refuse you the book, and you gave me the money;
did you ever receive that book of me ? Yes, of you.
Do you swear it ?—I have sworn it.
Waddington.—Now remember, I have evidence to prove
the contrary.
The Chief Justice.—l really have my doubts of this man'
sanity.
Waddington.—O, I'll prove the contrary.—(Laughter.)
What did you say to me t—l said I'd be • friend to you.
Wsildington.-0, a very good frieutl, To the witness.—
Did you not strike me ? You called me names.
Did you never threaten to blow my brains out ?—No, I said
if you was my prisoner I would not suffer you to go. I would
blow your brains oat, or any other person's, rather than you
should get away.
Paper produced is Gook's writing.
Waddingtow—l contend these. thereon. are a host of ineen-
diares. Gentlemen, you are my judges ; and whether you
hind me guilty or not, I will be beard—as it was said when the
cities of Sodom and Gornorab were destroyed..." If there ha
one virtuous man in the city, let it be saved."
Tho Chief Jastioe.—After what I said of his sanity, let Lim
proceed.
Defendant proceeds—Do you know the White (fart ? Yes.
Well, were yon not drinking with some notorious pick-
pockets? Nn.
Did I not accuse yon of being a notorious scoundrel, and
you asked me to drink with you, sod I said no, you are a cony
woe informing r . I t—l remember something of your abusing
me. I said I would be a friend to you.
Waddington.—Do you mean over the left shoulder ?--(load
laughter.) You may swear any thing. 1 don't care twopence
what you swear.
Re-examined by Mr. Gurney.—The witness said the placard
he had been speaking of he copied with a pencil on paper. Ile
copied both the placards in the defendauie shop at the same
time.

The witness having stated his inability to recollect when he
leopard the placards, the Chief Jus.ice repeated the evidence
he bud previously given on that point.
iVitness—Copied these both at one time.
Waddington.—My Lord. I wish tutu to refresh his own me-
story —he wants no assistance from you. I don't know what to
do where a witness is determined on sweating falsely.
Mr. Smith, Dow. street 011icer, aocourpauted last witness to
defendant's shop ; Duke went wtth them ; part of it was Mr.
Poole's shop. Mr. P. allowed hint to remain in his house during
the day. Duke was stationed on the staircase, for the purpose
of observing the house ; be some time after came down, am:
remained with Mr. Poole and Purton in the odour. Whilst
they were there, Poole's daughter came into the parlour ; iu
cousecoencie of what she said, the tvitness and Porton went
out. He went into Waddington's shop ; defendant was not
there. Ile sow the names of books writteu on the wall, with
a cord and bag attached it. The witness pulled a bell-rope
opposite the book he wanted (Palmer's Principles of Nature),
There was a speaking trumpet which went up by the side either
'pout. Ile said loudly through the trumpet Have you got
this I" He at the same time sent up the price affixed to the
book. The witness put two half crowns in the hag which went
up. The defendant was not in the shop at the time, but came
in soon after. Tbe wituess had not received the hook when lie
came in. When Waddington came into the shop lie offered
the witness a distir to sit down. Shindy after the book pur-
chased name down the spout and fell on the Boor. The wituess
u.arked it.

Cross-examined by Waddington:—lle said, when the de-
fendant offered him a chair, be was only iu the shop upon pri-
Tat e business. tin a former day the wituesspurchased of the
defendant Pope's Universal Prayer.
The Lord Chief Justice haviu4 interrupted the defendant
whilst putting en improper question, be said. " My Lord, I
know y .0 sit here so dr, representative of the King ; but you
are wed paid fur the discharge Of your official duties. You
are all, from the Judge down to the Crier, Public Servants, and
we ere entitled to have justice."
The Lord ChiefJustice.—lt is my duty to inform you, when
you are putting improper questions, limit you are wrong. You
are not et liberty to put questions the law will nut allow.
Waddington.—l ask whether he did not swear at Bow-
street.

Lord Chief Justice.—That is a question you cannot ask in
law.

11'addington.—Gentlemen of the Jury, I have no law, and
you ace what a situation we are in•
The defendant was pruc...eding with irrelevant questions,
when h 3 was stopped by Mr. Gurney, in conaetrenee of ...Melt
he eaclaitnrd—•• Mr. Gurney, I will be even with you tbia day
before I have done with you."
The witheas then said, upon further cross-elimination, that
the defend...it did not give him the bar:, our did the defendant
reetive the money.
Robert Duke went in May feat, with Smith and Purton, to
the house of Mr, Poole. lle looked through the key hole of a
door ap stain and saw the defendant an,: a little boy. He heard
at the barite time Cie round of Smith's voice up the trumpet.—
lls ►im say '• haw,: you got that." fin then saw Wad-

~ Yi.

THE NAIIONAL REGISTER

dis„ton leave the room sod go down stein. He also beard
money chink in hie Mind. The witandi then joined Smith and
Perlos, and went to How street for a warrAat.

Cross-esamiued by Waddington.—lle said the defendant
might have had a box in which he kept his money standing in
au adjoining room.
Mr. J. Poole, tobacconist, 201, Sienna, deposed that the
defendvnt took part of the shop in the house be occupied of a
p-rson armed Chit. Le. Waddiogtoo was there every day until
he Weld to prison. His name was painted over the door in
large letters. Placards were in the wi.dow. On the Mb of
Msy the officers succeeded in taking thu defendant, Duke and
other officers remained iu his parlour.
Cross-examined by Waddington—lfs admitted that he let
the officers iuto his house for the purpose of taking him. Se
veral persons of mean appearance were iu the habit of going
to Waddington's premises. They sold hooks, he supposed, as
well as Waddington.
Jane Poole, daughter of the last witness, corroborated the
evidence given by the officers. She saw the defendant go into
the brat boor of his premises, and she immediately told the
officers.

Passages from tae book were then read.
The Solicitor General.—This is the case for the prosecution.
The defendant, alter some preporation, then addressed the
Jury. It was Doi necessary, be said, to tell them who he was.
This Dinrulu Reyio ( Mobutu, Regius), the Attorney General,
had taken on himself In prosecute him for publishing • book,
which, according to the evidence, he bad neither sold nor re-
ceived money fur. As to the me:it or demerit of the book he
knew nothing. He had never read one line of it. He MIS at a
loss to know what lie was prosecuted for. Let theta prove
that any person had been led away from his duty to God and
his country by the hook, and he would answer for it. Black-
stone said, a matt might be guilty of a crime without knowledge
of his offence. Ile certainly stood in a sittration of ignorance,
before the officers dragged him to Bow-street ,where he was
committed, not on the oaths of witnesses that the work was a
libel, but the bare opinion of Mr. Vincent, the Magistrate. Ile
called upon the Jury to pause before they gave effect to this
ex-ojcio information, which he considered a relict of the old
Star Chamber. Ile reminded the Jury that little credit was
to be given to police officers since the blood-money conspiracy.
He wee prosecuted by the society for the suppression of vice,
of whom the Bishop oh Clo,ber was one. That man lied done
more herrn to religion.than all the 6lasphemons publications in
the world. But the tfi hop was a great man , but I sin little
Waddington.—Only such wretches as himself were liable to
prosecution ;—he was happy to stand before the Jury ; for, as
Paul said to Agrippa, he was glad to answer for himself.
The Lord Chief Justice.—Yu• bad better conlioe yourself
to your own case.
Waddington.—Ml case, my Lord, is well known to theJnry.
I wish to say a few words abont other cases—l wish to let the
Jury know what the Government anJ the Bishops are about.
The defendant then read • book, to prove that the Clergy
were not honest ; but the Lord Chief Justice interfered, ■nd
refused I. permit the defendant to make indecent observations.
One of the Jury said, they were ready to hear the defendant
speak for himself, but they had no desire to bear the work he
was reading.
‘Vaddington.—lf a verdict is given against me, the conse •
(pence will be, that your Lordship will be banded down to
posterity as the most tyrannical Judge of the day.
After having read several passages of another work, and
the Jury expressed a desire not to hear him, the defendant de•
I tailed a violent outrage offered to hi nhe the prison. He de-
clined offering el idence, because he would not give the Soli-
citor-Gemini an opportunity to reply.
The Lard Chief Justice summed up the cafe with the great-
est moderation, and left the Jury to decide upon• the gees-
lion, whether the defendant bad or lied not pahlished the
li. el.
One of the Jury asked whether any work abusing the
Christian religion was unlawful.
I'..e Lord Chief Justice said, the Christian religion wan part
of the law, and to abuse it was unlawful. Tire Jury then found
the defendant Guilty.
VIE LING V. THII INHABITANTS OP ST. PANCRAS.

The Solicitor General stated, that this was an indictment
against the parish of St. Pancras, for not repairing the highway
within the west side of the Regent's Park.
The Lord Chief Justice.—This is a question of considerable
importance; therefore it would be better to take the facts upon
admission. leaving the Court to determine the construction of the
Act of Parliament. I think Ibis would be more satisfactory to
the public iu a ease which tarns upon the construction of ten
or twelve clauses of au Act of Parliament. You give such ovi.
dance as you think proper, and then we shall see bow to dispos
of it.
Witnesses were accordingly examined on the facts, after
which the Jury were discharged from finding any verdict.
TIMISPAY, OCT. 24.
RaCtirrosii, V. lIILTU9 AND CO.

Mr. Campbell opened theYpleatlings.
Mr. Scarlett awed the plaintiff's case. This was an action
to recover ► large sum of money (Jr s quantity of akin, sup-
plied to the order of the defendants' agent, who had absconded.
The defendants pleaded they were not liable.
After the evideLce was gone through,
Mr. Common Sergeant, for deletialant, consented to a ♦er-
dirt fur the plsintift agreeing to leave to a reference such gouda
as should be excepted in the amount proved to have been de-
livered to defendants.
Verdict fur the plaintiff—Damages 40UL subject to a refer
ence.