The Sun.
London, England, 1838-07-16 00:00:00

V. GATHEECOLE.

' Mr. WIGIITMAN opened the pleadings. He said this is.an
informaeion against the Rev. Michael Augustus Gathercole,
who is charged with publishing a scandalous libel on a certain
religious order and community of Scorton. The defendant
has pleaded Not Guilty.
Mr. CRESSWELL—May it please your Lordship—Gentlemen
of the Jury—The prosecutors in this case, who have instituted
the proceedings in the name of her Majesty against Mr. Ga.-
thereole, are the lady abbess and nuns of a religious establish-
ment at Scorton, in the county of York. This order was
originally established in France; and during the time of the
revolutionary troubles in that country in 1795, they came over
tel England and for a considerable period,:through the kindness
cf Sir Carnaby Hageerston, were allowed to occupy Hagger-
ston Castle. In 1807 they removed to Scorton, where they
'now reside. In 1837 the publication in question was put for-
oa,d. The ladies applied to the Court of Queen's Bench
for leave to file a criminal information against Mr. Gathercole
for the publication of the libels in question. The course of
proceeding in such cases is this. The parties who complain in
this way of their characters being attacked, are obliged to
make affidavit, and to prove on their oaths before the Court,
that they are perfectly innocent of everything imputed to
them ; and the defendant, on the other hand, is at liberty, if he
can, to bring forward any evidence cf which he is in posses-
sion, to substantiate and justify the charge he has made.
Therefore, before a record of this nature can be brought
down for the consideration of a jury, it is necessary to satisfy
the Judges of the Queen's Bench that the charge is libellous.
and that it has been published without any the slightest faun-
Cation. When, therefore, you find a record of this nature sent
down, from the very course of proceeding, you must take it
for granted that there was not the slightest foundation for the
charge made, that Mr. Gathercole, when challenged to pro-
duce his evidence, if he had any, failed to do so, and that, in
the opinion of the Learned Judges presiding in that Court, the
charge was a libel. The latter, however, by the course of jus-
tice in this country, is submitted to you, as the ultimate autho-
rity to decide on that question. Therefore, the questien
for you to decide this day is simply this —ls that which Mr.
Gathercole has published of these ladies a libel or not ?
It appeared in the Number of the Churchman for February,
1837, and the first passage which is set out in the record is
part of an article headed " Petitions to Parliament," and reads
thus:—Petitions also for ry into the numbers and state
of those brothels for the priests—the Popish nunneries—in
the United Kingdom. That such houses of prostitution
should be allowed to erect their impudent and filthy fronts in
this land is a disgrace to its professed Cliristizini!), and mo-
rality. All such Popish stews ought to be burnt to th.eground,
only tilting care to let their poor deluded and prostituted in-
habitants he preserved and set free. We should be glad to
know how many Popish priests enter the nunneries at Scorton
and Darlingto❑ each week ; and also how many infants are
barn in them every year, and what becomes of them, whether
the holy fathers bring them up or not, or whether the inno-
cehts are murdered out of hand L,r not ?" Gentlemen, I will
not go threngla the disgusting task of reading the abominable
publ,cations of this man, one after anoilier. I have given you
n sample; the remainder shall be read by the officer. '1 he
remainder of the libel,: were then read and wn.nesses examined,

after which the Jury retired. and after consulting half an hour,
rvturned a verdict of Gui:ty on the first count. Judgment,
we underatard, will cot be given till Michaelmas Term.
Th' other iiiforma.ion, oil the prosecution of the Darling-
ton nunnery, was not Foceedcd with, it being agree 3 that the
Jury should b:3 discharged from giving- a verdict.

POLICE-IffT,ELLIUENCE.

MANSION-ROUSE.

On Saturday a young man ria.ned .Edward Kissack was
brought More the Lord Mayor, charzed with hating forged a
cheque on Messrs. 'Masterman's bankingilowe for 711.-11°
was remanded

UN I ON- HA L L.
On Saturday Charles Jackson, William Keppii•.l, JosTh
Richards. and George Lee, four well-dressed young men,
described as mcniburs of the '' swell mob," were brouh•ht be-
fore Mr. JEREMY; the first named prisoner charged with 5..,a1.
ing a diamond pin, value fifteen guirn as, the property of Mr.
R. A. Gray, a gentleman holding a situation in the Queen's
howthold, during the fate at the Beulah Spa, on the preceding
day. The other three prisoners were charged with being at
the same place for improper put poses.
The prisoner, at the present stage of the inqn:.-T, would
ieeline saying anything ; but if committed he would employ
C,unsel at his trial, and establish his innocence.
The Magistrate would give him the opportunity be sought,
and fully committed him for trial.

The other three prisoners were placed at the bar, and re-
cognised as reputed thieves. Thry were all at the Beulah
Spa, and were s-ce in cemrany uith the first prisoner. lir
the possession of Kipping and Rickards two diamond pins
with chains attached to them were found; also two diamond
rings, one of
_which was of considerable value, besides cash to

the amount of be ween 71. and St. Lee had only sd. in his
pocket ; and in answer to tit.: charge of his havirg been in
company nith the other prisoners, he said that he eras a fish-
mon,Ter, and lived at Hamps•ead.
The Magistrates committed the prisoners for three months
each hard labour.

QUEEN SQUARE.
William Cook, a private in the second battalion of
Scotch Fusilier Guardi, was charged with feloniously as-
saulting and robbing Mr. W. Frankenhirt in Hyde Park on
•F, Way night last. The complainant is a French artist, and
living at No. 78. Quadrant, Regent-street. On Friday even-
ing he had been bathing in the St rpe;ntine, and was returning
homewards across t!:e Park, when the prisoner accosted him
twice, asking him for something to drink, which was refused.
The sulJi r swore he would have something, and knocked
h'm dowo, knelt upon his breast, aad took seven shill ngs
and three keys out of his waistcoat pocket, after which
he lifted him up, put him aganst the rails, and again tried
his pocke:s, but the prosecutor crying cut for the police.
brou...,ht one of the A division to the spot, upon which
the ran sea,, followed by the officer, who took him
into eti,todv, af,cr a -deiperate resistance, in which the con-
s•able was obliged ts, use his s•aff. The oflecr having lost
sight of the pros{ cukr he t!eliv(red the p:isoner over to the
mill :try authorities, by whom he was brought tip to the office
on Saturday morning. Pnli eman A, 106, stated that after
the above circumstances had transpired, he went to the place
where tie robtery vva; comm!tted, and there found a shilling
and theproseeutor's card ca,e. from which he learned his ad-
dress, and obtained his attendance. The prisoner in his de-
levee made a most revoking charge against the prosecutor,
which elic:t;ql th aiu lignation of the Mag str who, in fully
committing the fellow for trial, expressed a siceerr hope th t,
far Op: sake of public justice, the prosecutor would carry on
the proseeuti.)n. . -