The Sun.
London, England, 1801-05-12 00:00:00

THE KING T. ARTS.

This was a Rule calling on Thomas Ails to shew
Cause why a Criminal information should not be
filed against him, for some supposed inhumanity. to-
wards a Prisoner he had in his custody, .-i'lcseper
of the Cold Bath-Field's Prison.
Mr. Scot-r moved, " That this ‘ Rule ..be -now
made absolute." •

Mr. GAIRow said, he was instruaid to. sliew.
Cause against this Rule. The Affidavit .on' which.
the Rule was obtained, wr.s long,' and
.coritaincd
many circumstances, and it became necessary to
draw the answer to this application. with care, for
which purpose the Rule was .enlarged on the ivlo,
tion of Mr. MARYAT. Mr. GARIOW said, he
never knew, until this day, that the course of Pro_
ceeding on the Crown, was different from the Civil
Side of the Court, which was, that the. Affidavits
should be filed before the coining on of the Cause,
a given time. Of this Rule he was ignonnt„, and
owing to that mistake, the Affidavits, on the part of
Mr. Aris, against the Rule, were not filed, but .al_
though the convenience of the Court and Bar. re,
coired that the pradice slsould be regularly ob-
served, still the Court would not allow an advan-
tage to be taken of this inadvertency, •and" make
the Rule absolute before the Party against whom it-
was moved, had been heard. He was ready to lend
his Brief to Mr. Scorr, that he might read over
the Affidavit on ' which Cause was to be shewn
against the Rale, and he might bting the nutter on
at his leisure, only he must have an opportunity of
answering the charge, and he had a compleat answer
to every wend of of it.

Lord KENYON; said, that if the Affidavits were
not filed, the Court could not go into the nutter
to-day.

Mr. G &RRolt said, that when the subject came
on, he should desire that the Affidavits on both
sides, should be read from one end to the other, bc.
fore he should offer one word to the Court on the
subjed, and then, he believed, it would hardly be'
necessary to make many commentaries on the case.
Mr. SCOTT said he would not make any Motion
which he was not entitled to by Law. Mr. Aris
had had a week given him to,prepate to meet this
charge. He had the same as had been given to
others, and there was nothing in his Case which
should take it out of the usual course. Mr. Maryut
had told him the other day, that he was instruct.
ed to move that the Rttle be enlarged for a week. ;
he consented to the delay without a word in oppo-
sition. The Rule was drawn up for Thursday, for
the Defendant to chew cause, and it was further
ordered by the enlarged Rule, 44 That all Affidavits
in this Case should be .filed on or before Wednesday
then next, " now last. He was informed by Mr.
DIALTRY, the Officer of the Court, that if the Atli-
davits were not filed within the condition of the
Rule, the Party was not entitled to make use of
them, in shewing cause against the Rule. Such
was the course of pr dice in the Court, and there
was no reason for taking this Case out of the right
road. He had more than once been refused such a
favour ; he was pressing nothing out of the ordinary
course of justice, against Mr. Aris ; the event of
this Rule being made absolute would only he that of
bringing Mr. Aris before a Jury of his Country,
who, no doubt, would do him justice on the state.
ment of his Case.

Lord KnNyoN.--,-“ The Affidavit must be filed
before the Court can hear it. if the course which is
now asked, on the part of the Prosecution, were
followed by the Court, namely, that of making the
Rule absolute without hearing the accused Party,
we Should make the Proceciing by Information
most grievous indeed. TlP:rc are many whQ

, •
td-thy whole of .tlvs protteding7---by- JiAgrg
matron]lngwhy or Wherefore,
except
..for the puippse Of souncting in th:..,:ars of
the igpotittik; some fine words without *midi meaning,
in their if whai is ini* afited
were grAnted, then the eaviiS against proceeding by
Informatiori; would be just; for the course would
inded be intolerable; The Role must be ellargea..ii
ft was then aiipainted by Consent, to collie On on
edneduk.

A Rule sas gr'atited. On the -IViOtiOri, of 14i.. A
nor, a•Tiaciesmiti iu KOnuiOuth; to show
Cause why a Ciiniinal Infoiniatiuti ihOUI4, not ite
filed against him foi ropet•
to have been used bk hitt) tOwards a Magistrate
who had cont-ieted hini in the .tiCrialti' of 31; tot
seflitig candles without a Licente;

MONDAY] 141 Y'' 1

THE KING MP. iitKIDC;

PAiK moved the judgment.Of the Ciitsft an
the Dfendant, stool convicted of, publii,hing
scandalous an• obkene Book •or pamphlet Called
the Gentleman of Fashion:

It
appeared the. Affidavit the Derendanr,
that be acknowledged the truth and justice of the
Prosecution against him that he had sold the book
in question, but that he did 'not know it -contained
any thing that was criminal, immoral, or indecent,
or he Would not have sold it. He promised never
to sell or publish any such Works infuture. That
his wife bought this book of a person whOm he
named in the Affidavit, and that petion the Defend.:
ant believed to be the Author ; that all the Copie3
Which the Defendant had of this book are tied uj
in a parcel ready'to he delivered back to the
of whom the Defendant had them, or to• be other-
wise. disposed of as the Cotirt should order; thaf
the 'Defendant and -his wife were Virtuthisly ,and
religiously educated, and,,would 'not willingly or
knowingly offend the rules of decency and modesty ;
and that the Defendant. is Pot worth above tool. sd
that a heavy Fine would crush him, 7

Mr. ERSKI NE said,• that this' unfortunate De_
fendant had cAlled on him yesterday, and from- what
he•heard from, 4itri then, he had reason to believe
that the circumstances stated in the Affidavit which
the Court had. just heard, were ccrtett. He could
could not pray for a light Judgment on, the llefeed-
ant for such an offence, beCause he would not iat;.
tempt to confound moral principles 'so far as to ask
the Court to do that which would appear incon-
gruous on its Record, namely a slight punishment
attached to an enorrnous crime. The book in ques-
tion was the worst he ever saw. He had read it
with horror.—}W had rather die than ask for a
slight punishment on, any body who was to be
punished st all for sending it intO- the world, bUt
perhapis the present Dctentiant, might be instru-
mental in bringing to justice the Author of and
tdat, he apprehended, would answer the puipose
of those virtuotir•persons who were the Prosectitbrs
of this -Indictment ; the Court might therefore be
pleased to aliciw this Defendant to bebrought up at
a fiittire' day, and if in the mean time, he should
condua himself in such a way as to enable the-Pro-
seeutors'to come at th€ AUthor, he might be spared ;
but as to the tiook itself it was most infamous.

Mr. .),11',.K said he appeared on behalf Of the
Prosecution.---The Prosecutors were a Society iii
London, of which the Bishop of London was:the
President, and their objet was to check the ob,
scenity and licentiousness of the Press in these Pub-
lications,- and this..person had been charged ,t.ltt
count of selling and exposing to sale this infamous
pamphlet ; there was no- desire to .call for- pUnish.
mein vindietively • against this individual, and
therefore if he could .tiod ine-iins to _ get a; the
Author, perhaps the porycle of the Society' would
be better answered by bringing MM. forward
and making him the sublect of punishment ;-
but at all events, the interest of Society &Mantled
that this business should not be compromised, hot
that `an example should be made of th guilty Who.
ever they were, for the siike of public deeetiey and-
Morals. He had no obienion to the case of this,
man standing over for a day or two, to give him an,
opportunity of discovering the Author;
Lord KENYON said, it was grievous to rellea
upon these rublieacions, the cad they might have
on the minds of the rising generation was frightful ;*
they tended to debauch and intlanie the bind, and
to give it ayile disposition:

Mit. Justice G%(-3-!,r said, tht this cast was too
interesting to the Morals cf.. the Pub►_ic to be co.:n-
promised, it must be disposes of in a serious man..
ner.

The Defendant wary ordered to be brought up on.
Friday.

il/4H;: KINt T. JOHN EN3c4.

Thts was an Lldi,.lrilent for an Assault, c'hintej
to have been committed by the rieferkflnt, on :t Fr-
son of the name of Kowl.ing, at the Buffalo Head,
Alsop's Buildings. judgment byDefault.
It appeared that the Proeeutor seas indel)ted to
the Defendant's Father, who is a tavlor, in a consi..
detable sum of money, and upon the whole of the
Affidavits it was very doubtful s hether the Derma-
dant committed the first Assault on the Prosecutor,
or the erosecutor on the ll.fendant. Some cif the'
parties who gave testimony in this Affidavit were
-Quakers., and they affirmed in faycur 04.2 the Delen_
dant. The reason svhy the Defettdan suffered J,Llg,
merit by Default ‘7as, that h would oat beat the
expellee of a Trial.
LOrd KENVOI4 said, that this being a Crimitiiii
Case, the Court would not rceeive the affirtnation
of Quakers ; but they had heard it only, because it
was containect in the Pal= on whkh st 45 written
the Affidavits of others,

Justice Glttra alrerved, that as juigment
had past by default, the Ccnrtt mint take it for
granted, that the Tt•fendtht was Guilty►, and there.,
tore fined him 11:

Ftidii Its Lung (!t1 St: Michael's Flirt, Brk-
tol, pursuaht to hi; sentence, Capt. W. Hbwie,
The crime tor wEich he stint-N.li veins for havinx
wilt-oily sunk tl.l- Merry Andtewj to the pf*.l.
jut.iict of the.

ALLOW.
Town Tallow 616.- od.
Russia do. (Caudles), bss.
Russia du. (Soap) 625-. —s.
!Melting Stuff' 565. --s.
Ditto ryugli --s. --s.
Craves 19s. od. •
Good prigs 13s. Xlq
Yellow Soap, 765. a —s,—Mottled, g.ss.—Curd, 88s.
• Candles, per dozen, MS. Od:---111olds, 13s, od.-

PRICE OF 1
St. James's Market 3s. 744.
Clare Market -vs, od.
)Vhirechapel narket , 3s. 7d,
per stone of 81b.

78. 21d.
Average price 3s. 7a.

-
St. JANIES's HAY MARKET,' May 9.
Hay,- 41. 1.45. 6d. to 61. 6s. ad.—Aver. 51. los. 34.
Sttaw, 11. 16s• vtl. t,) 31. os, oa.-----AvFr. 21. Ss. cc

WRITF,CIIAPEI. 1%.1.!kg}...ET$ May 9.
Hays 41. 4s. oci. to 51. 16,;. os. cc!.
Clover, 61. 6i. cxl. to 61. jo.. od.,Alet. 61. cs.c.4l.
Straw, 21. od. to 011.--7-AVq. 21, Ss. od.