The Sun.
London, England, 1825-09-24 00:00:00

MR. MARTIN OF GALWAY.

BOW-STWEST.—Perry, the officer, in pursuance of the in-
structions which he received from Mr. Mr, wsuur.r. on Thurs-
day, to execute the warrant against Mr. Clement, the proprietor
of the Morning Chronicle, in such a way as net to inconvenience
that individual, called on that evening at the office of the paper,
and left a message for Mr. Clement to attend at 12 o'clock yes-
terday, that being the-hour appointed by Mr. Minshull for the
hearing of the case. Perry was then told that 'Mr. Clement was
so ill as to make it extremely unlikely that he could attend in
person, but that at all events the charge would be met by some

one as his representative.
Mr. V. Dowling, one of .111 r. Clement's literary establish- 1
ment, appeared as the representative of that gentleman, and be- '
fore the arrival of Mr. Martin, or of Mr. Adolphus, who was
to attend as counsel for the defendant, he informed Mr. Minshull
that Mr. Clement was so exceedingly ill with a gouty affection,
as to be unable to leave his room, and that of course he was
quite incapable of attending here to-day.
Mr. Adolphus came i:i at 12 o'clock, but Mr. Martin had
not arrived, and the Learned Gentleman went away on other
business, for half an hour Meanwhile Mr. Martin entered the
office, in his usual bustling manner, and was informed of Mr.
Clement's indisposition.
What ?" said the Hon. Gentleman to Mr. Dowling,
" languidus eb ?"
Mr. Dowling—Languidus ! My name it not languidus, Sir.
Mr. Martin.—No, no, I know ; but languidne—ill : he is
ill, is he ? He is indisposed.
Mr. Dowling—He is. Mr. Clement desired me to inform
' the Magistrate that he should be most happy to attend him,
but that the nature of his indisposition is such as to render it

impossible.
Mr. Martin—Well, I am afraid I cannot be his physician.
Mr. Dowling—l think if you were, he would have a mad•
doctor.
Mr. Martin—h that the language of the fancy
Mr. Dowling—You won't fancy it, I dsre say.
Mr. MrsistruLL—l must put a stop to this conversation ; it
is quite irrelevant and improper.
Mr. Dowling—You will do me the justice, Sir, to admit that
I did not begin it.
Mr. Martin (while the Bench was waiting for the return of
Mr. Ad.s;phus) begged to say a few words on a subject totally
distinct from the present inquiry, at least it had nothing to do
with the Morning Chronicle.
Mr. Mists Hum. begged that nothing at all might be said
until Mr. Adolphus returned.
Mr. Martin said, that in what he had to offer he should
cautiously abstain from mentioning the Morning Chronicle, or
himself. What he had to say related to the Morning Herald.
He felt himself botu•d in justice to the Morning Chronicle
to state, that when he said, on Thursday, that the nutter
copied from Blackwood had appeared in no London newspaper
but that, he was in error; for he had since been informed that
it had previously appeared in. the Morning Herald. Now the
Morning Chronicle should have no reason to complai❑ of a
want of impartial justice on his part. They should not say
(to use a vulgar adage) that he had made " fish of one, and
flesh of the other ?" He would deal equal justice to them
both ; and he then gave notice to the Bench, that as soon as he
could lay his finger upon the Number of the Morning Herald
which contained the libel, he would publicly question the
conduct of its Editor. Mr. Thwaites was, lie believed, the
proprietor and editor of that journal; and if he (Mr. Mar-
tin) was rightly informed, he was a little man, and somewhat
of a valetudinarian ; but lie hoped this notice would not
alarm him. At all events, he (Mr. Martin) was determined to
do his duty to himself and to every body else impartially. He
had been accused of attacking the poor and indigent only,
but he could safely say that whenever he had seen a rich and
powerful delinquent inflict any cruelty upon an unfortunate
animal, he had, when there was a possibility, brought him to

justice.
Mr. Adolphus came in soon after the Hon. Gentleman had
concluded his remarks, and Mr. Dowling having taken his
station in front of the table as the representative of the de-
fendant, Mr. Woods, the clerk, by desire of Mr. Minshull,
read the affidavit of Mr. Martin. The passages complained of
as libellous created great laughter in which no one joined more
heartily than Mr. Martin himself.
Mr. Dowling said he was desired by Mr. Clement to state
most respectfully to the Magistrate, that he would have had
great pleasure in attending upon him, but that he was really
so ill as to be unable to leave his room. He begged him to
state that he had no desire whatever to avoid meeting Mr.
Martin : indeed, he would be glad to meet him if he were
able, notwithstanding Mr. Martin's insinuations that the
plea of indisposition was a mere pretext to shrink from the
question.
Mr. Miststium. said he had heard no such insinuation,
and Mr. Martin declared he had not intended any thing of that
kind.
Mr. Adolphus here said he was attending for Mr. Clement,
and he was only waiting to know what course the Magistrate in-
tended to pursue ?
Mr. Muesuuter, said the case must be regularly gone into,
and the publication proved.
Mr. Martin said there was an officer from the Stamp Office
in attendance.
Mr. Dowling said, that Mr. Clement's wish was, with as
little trouble as possible to the bench, to submit to whatever de-
cision might be come to.
Mr. Muesseur.n—The utmost that I can do is to order bail
to be given for future appearance, to answer to the charge—
there my power ends; but to do even that, I must have some-
thing in the shape of regular proof.
Mr. Martin said lie should like very much to have the hear-
ing postponed for a short day, to enable Mr. Clement to attend
and put in bail in person in open Court.
Mr. MINSHULL—AII this is premature and irrelevant. Let
the proof be called.
Mr. Mallison, from the Stamp-office, proved the publica-
tion, and produced the office-copy of the Morning Chronicle
of the 6th of September, containing the article complained of as
Mr. MINSIIULie said lie must have a proof that Mr. Cle-
ment had a share in the publication of the Paper, and asked
Mr. Mallison if he had brought the affidavit deposited accord-
ing to Act of Parliament at the Stamp-office ?
Mr. Adolphus said he would not suffer the time of the Ma-
gistrate to be wasted, but would at once admit that Mr. Cle-
ment was the proprietor and publisher of the paper. Having
made that admission, lie must now beg the Clerk to read from
the Paper the whole paragraph, without suppression or falsifi-
cation, because affidavits were one thing, and facts another, as
would appear in the reading.
Mr. Woods then read the paragraph, which commenced thus
—" Blackwood and Mr. Martin.—lt is well for the former
that a considerable interval separates him from Mr. Martin,
otherwise we think his friends might be in some apprehension
for him. Our hair absolutely stood on end when we read the
following attack in the last number." Then follows the
quotation from Blackwood, beginning "That Irish jack-ass,
Martin, &c."
Mr. Adolphus then proceeded to argue, that there was
nothing in the whole paragraph which called at all for the
interference of a Justice of the Peace; and that Mr. Mar-
tin, if he had been or fancied he was, injured at all, ought
to be left to the ordinary remedies which the law afford-
ed. He understood it was the wish of Mr. Martin that the
defendant should be held to bail for this alleged libel.—.
The doctrine that a ma:: might be held to bail by a Jus-
tice for a libel was of recent date, but the question had been
argued, anti was now pretty clearly defined, and it was well
understood, that it was only where there was imminent
danger of a breach of the peace that this power was to be
exercised, and that in ordinary cases of libel the parties were
still to be left to their remedy by indicment or action. It was
not because a man (deservedly, perhaps) was called an ass, or
that lie idly fancied himself alarmed at some newspaper squib,
that an individual, whether rich or poor, but especially a man
of known respectability, who was to be found at any time,
should be dragged from his house to a Police Office, and com-
pelled to give bail. Mr. Adolphus then commented upon the
manner in which Mr. ilartin's affidavit was framed. It con-
tained, lie said, all the declarations, averments, and inuendoes
which were to be found in an indictment, of which it had much
more the form than of a simple information, and could • only
have been so framed for the purpose of producing effect. But
let their Worships examine what this pretended libel really was.
The publication in the Chronicle was nothing move than a cri-
ticism upon Blackwood, quoting certainly, as was the practice,
part of the article remarked upon. The Chronicle commenced
with saying, it was well for Mr. Blackwood that Mr.. Martin
lived at a considerable distance from him, otherwise his friends
might be under some apprehension for his safety ; and at the
conclusion, it is said, there is something about murdering,
which they dare not quote; and so, because the Chronicle be-
' gins with a little good-humoured banter, anti ends with saying
that there was something about murdering, which they sup-
pressed, Mr. Martin swears—he must say, most outrageously
swears—that he believes the article contained an incitement to
murder Because a journalist said there was something about
murdering which he could not quote, and he did actually ab-
stain from quoting !
it, Mr. Martin swore that he believed the
intention of that journalist was to incite people to murder him
He (Mr. Adolphus) was astonished at such swearing. It must
either have been sworn in ignorance or in malice—if the former,
he pitied the intellect of the man who could so swear ; if the lat.
ter, he would say God forgive him ! and he said that in common
charity, for that man would have much more to answer for than
the brutes for whom he affected to feel so much compassion.—
Mr. Adolphus, after sounding the praises of Blackwood's Maga-
zine in very lofty terms, observed that it was its practice and
its delight to detect and expose to public scorn and ridicule

every thing in the shape of humbug; and if they found a man
stalking abroad who deserved the title of humbug, he was
certain of being properly shewn up and cut up in that ex-
cellent publication. If they found a man in the world who,
having neither rank, nor talent, nor any one quality to en-
title him to eminence, chose to set himself up as the friend
of humanity, but who in that character really practised no-
thing but tyranny and oppression against every unfortunate
wretch upon whom he laid his hand, him they called a hum-
, bug, and dealt w ith him accordingly. There might be such
men in the world, and Blackwood might think Mr. Martin
• one of them. With respect to the " angry gabble" spoken of
in the article in question, it was well known to all who read
the papers of the day, that there was a person who went about
to the various police-offices, disgusting every body with his
angry and vulgar gabble, dealing out by wholesale and
without discrimination, such epithets ax " atrocious wretch,
savage scoundrel, ruffianly miscreant," and a dozen others
equally violent. If he stopped there, perhaps there would
be no great harm, for those who heard these rantings could •
judge of their value : but when that man could deliberately
swear that he saw an animal beaten savagely with a bludgeon,
which bludgeon afterwards turned out to be a mere switch,
(" A switch ; ' repeated air. Martin) ; yes, a switch—when he
could magnify a switch into a club or bludgeon, and that, too,
on his solemn oath, he (Mr. Adolphus) could not, he would
not, trust himself to express Isis opinion of him ; and when
such men as that came forward with such a charge as the pre-
sent, it ought indeed to be received with great caution. Let
it not be supposed that he (Mr. Adolphus) was an advocate
for cruelty to the brute creation. If he had been in Parlia-
ment, which he did not wish to be, nor should he ever be,
and therefore he spoke it very innocently, he should have
given the bill in question all the support in his power,
and he had always been determined, since the bill became
a part of the law of the land, to enforce its provisions
against any one whom he might see inflicting cruelty upon a
beast; but in all his walks through the streets, he had never
happened to 'meet with an instance of the kind. But there
were some tender-hearted men who could magnify a switch
into a bludgeon, and because the miserable wretch whom they
charged came clothed in rags, could tell him that fourteen
days at the treadmill was the greatest treat lie could have.
Long experience bad, shown,• that, under the colour of hu-
manity, the greatest tyranny imaginable was often practised.
So a man who affected to be the advocate of decency anti mo-
rality, often under that semblance uttered the grossest obsce-
nity ; and, again, no one talked so loudly of virtue as he who
assumed the outward appearance of it to hide the infamy of
his own heart. Every body knew what Sterne said, speak-
ing in the same strain of virtue—" Give it a head, and it
become a rampant lion." The paragraph quoted from Black-
wood began—" That Irish jackass, Martin." Now he ob-
aetiv..,d that the affidavit was signed by one Richard Martin ;
and whether the writer called him Dick.ass or Jack-ass, it
was all the same. It was well known, that in Essex and
some other neighbouring counties, it was as common. to say
Dick-ass as Jack-ass, and therefore either would apply. Ik
(Mr. Adolphus) should like to know which was libelled by
the application of the term jackass in in the paragraph—the
ass or Mr. Martin ? There was one ass, it would be recol-
lected, which spoke but once, and never told a lie : was that
the case with Mr. Martin ? He (Mr. Adolphus) was afraid
not. There was another ass who provoked a fit of laughter
from a philosopher, by his funny way of eating a basket of
figs. Let Mr. Martin go into wgrocer's shop, and devour a
dozen baskets, and he would never move the risible muscles
of any human being. One of the ancients had written an
eulogy upon the ass, but no one, he would venture to say,
would ever write one on Mr. Martin The Learned Gentle-
man, after proceeding its this strain for some time, returned
to the subject of the affidavit, denied that it could be re-
garded as an incitement to the Smithfield drovers, who, he
would be bound, never read Blackwood, and perhaps seldom
the Morning Chronicle. Their reading (if they could read at
all ) was, he durst say, almost confined to the publican's
Morning Advertiser, which was every where to be found in
their travels. He would, with leave of the Bench, proceed
to call evidence to show that Mr. Martin's declarations upon
oath here, and his 'assertions elsewhere, were widely different,
and that so far from feeling any fear as he had sworn, he had
treated the matter with the greatest levity, for he had gone even
into the lion's den, the Chronicle office, only on Thursday
night, a few hours after swearing the affidavit, and said,
" Well, how do you get on ? What's doing ? This is all
nuts for me: it brings me into popularity; I like all this
sort of thing." And in so delivering himself the gentleman
rubbed his hands in great glee ; and yet to-day he came—he
had the audacity to come forward in support of that most im-
proper affidavit—
Here Mr. Martin, who for some time had exhibited symp-
toms of the greatest impatience, threw himself forward on the
table, and exclaimed, in a tone of violent anger—" You
scoundrel, how dare you say it is an improper affidavit ?"
Mr. MsNSsiuLL—Mr. Martin, I am astonished. I must
hold you to bail, Sir.
Mr. Martin (to,•3lr.•Adolphus)—l say you are a- scoundrel.
Mr. M ne sit ur.r.—Sir, I deiire you to hold your tongue, and
I must hold you to bail.
Mr. Martin—l Intro said it, Sir ;do as you please with me.
Sir It. BIRNIE—Mr. Martin, you have said you are ama
gistrate—pray pay some respect to the bench here, whatever
may be the custom in Ireland.
Mr. Adolphus begged Mr. 31inshull would not hold Mr.
Martin to hail on his account ; he felt no apprehension.
Mr. Martin was about to reply to Mr. Adolphus, when
Mr. 31fleshum. said be should determine the case at once,
without allowing another observation. He had heard sufficient
to authorise him to call upon Mr. Clement to give hail.
Mr. Martin- wished to make one or two observations in reply
to " that man" (meaning Mr. Adolphus), but Mr. Minshull
would not allow
Mr. Dowling—lt is quite evident, as we could have shown,
that 3lr. Martin can say one thing and swear another.
Mr. 311Nsuu LI. said he would not allow such remarks to be
made.
Mr. Adolphus asked the amount of recognizances that world
be demanded, and being told Mr. Clement in 2COI. and two
sureties in 1001. each, he said, " The amount is a matter of
total indifference to my client—he pays his debts and has no
privilege." The Learned Gentleman then left the bench, and
would have been closely followed by Mr. Martin, who seemed
in very angry mood, had not the Hon. Gentleman been stopped
almost by force by Mr. Minshull. The Hon. Member, in
speaking of the amount of the recognizances as being in his
opinion too small, repeated that he considered his life in dan-
ger. He had never been chary of his life when his honour or
any circumstances required its risk, but he did, notwithstand-
ing, think it now in danger.
Mr. Dowling said he was sorry the Magistrate bad riot given
an opportunity for the defendant to prove by evidence how in-
consistent with his oath of that day were Mr. Martin's declare-
ions of the previous night at the Morning Chronicle-office.
Bail to the amount required was then pelt in, and here for
lie present the matter rests. The office was much crowded.

IMPROVEMENTS.—The alterations and addi-
tional rooms recommended by a Committee of last Session to be
made in the House of Lords, near the Royal entrance, have been
commenced. Great improvement will be made in the Bishop's
staircase. Workmen have lately raised a scaffold to repair the
south west end of Westminster Hall. A very convenient Bail
Court adjoins the new Court of King's Bench at Westminster.
Polso-NED CituEsE.—The Leeds Intelligence,-
says—" A professional gentleman in Leeds, of
the first respectability, sent us yesterday morn-
ing for inspection, a portion of what may be
literally termed a poisoned,cheese. Of all sorts
of food, we had though this one not only free from
but repugnant to adulteration. The sample now
before us shows to what an extent and perfection
the science and art of contaminating the neces-
saries of life has been carried. Many persons,
it is well known, fancy and prefer 46 old cheese,"
and the artificial mode employed to provide this
favourite article is exemplified in the portion we
have been shown—which in no respect differs
from the rest of the cheese. It has inserted into
it a number of common brass pins, and in conse-
quence of the inherent moisture acting on them,
is as mouldy, mity, and green, as the most exqui-
site epicure could desire. Some parts of it, in-
deed, are so " high" that they resemble what is
called blue stone. These delicious appearances
are, however, produced by acetate of copper ;
and the digestive advantages of having eaten
such cheese after dinner, would be a violent
sickness of the stomach, and the other results of
having swallowed a deleterious substance.
account for the discovery of the process, by sup-
posing that the wholesale merchant,
who resorted
to this method of expediting 44 age," forgot to
remove the means." For the satisfaction of theeft at the
public, a specimen of the cheese
Intelligence).- office, and may be viewed any time
today or to-morrow.