The Sun.
London, England, 1822-04-15 00:00:00

MERCANTILE SHIPPING, &c.

DEAL, APRIL 13.—Wind S.W.—Came down from the
River and remain in the Downs the Felicity, M'Dougal, from
Madeira; and the Canaries and Idas, Aldridge, from Miramichi.
DEAL, APRIL 14.—Wind N.E.—Came down from the
River this morning the Agincourt, Mahon, for Madras and
Bengal ; Lady Juliana, Smith, Quebec ; Anna Horsley, do. ;
Friends, Richardson, do. ; Dradson, Edmond, Miramichi ;
Aurora, —, do; Maria, Fowler, New, York ; Meanwell,
Phillips, Jamaica; Elizabeth, Brady, Quebec; Good-Intent,
Rosely, do. ; Lovely, do. ; Equity, Storr, Trieste ;
Skipsey, Landley, Quebec • Kent Lindaurdo Mariner, Donald-
son, New York ; Crown, Corbett, Ilfracombe ; Quartres Scours,
Petru, Rouen, and sailed with the rest of the outward-bound,
with a light breeze from N.E.
PLYMOUTH, APR IL U.—Wind E.S.E.—Arrived the Lady
Popham, Jenkins, from Jamaica, wind bound, with her fore-
Mast sprung, sails split, foretop-mast, mainmast-head, and
maintop-sail yards, &c. carried away, the hull much damaged,
having experienced heavy gales, particularly on the 7th of
March off Caldicott Castle. Arrived also the Charlton, from
Newcastle for Quebec.
PORTSMOU TIT, APRIL 14.—Wind Southerly.—Arrived
his Majesty's ship Phaeton, from a cruize. His Majesty's ship
Parthian (not Spartan as reported yesterday), from Jamaica.
with specie ; and his Majesty's yacht, William and Mary, from
Dublin.

FALMOUTH, APRIL 13.—Wind S.W.—Arrived the Boyne,
Bidwell, from Calcutta : sailed the Ist of December.

COURT OF KING'S lIRN6II, APRIL 13.

THE CONSTITUTIONAL ASSOCIATION.
THE KING V. CHARLES MURRAY, SIR JOHN SEWELL, LON-
GUEVILLE CLARKE, AND JOSEPH RUDWORTH SHARPE.
As soon as the Loan CHIEF JUSTICE took his seat on the
Bench, the case of The King v. Murray and others" was
called on by Mr. Aunovr. Nine special jurors answered to
their names, but one was excused by consent of both parties on
the ground of urgent business. A tales was prayed on behalf
of the prosecution, and four common jurors introduced into the
box. The special jurors sworn were—John Leach, Edward
Hughes, William Whitworth, Thomas Fenn, John Scott,
Thomas Todd, and Thomas Parker; the common jurors—.
James Pummell; Thomas Richardson, Richard Wilson, and
John Trigge.
Messrs. SCARLETT, DENMAN', tend EVANS, appeared as
Counsel for the prosecution : and 3lessrs. GuRNEY,TINDALL,
and AnoLentrs, fin the defendants.
The jury being sworn, Mr. Evams stated the substance of
the charge. The indictment alleged that the defendants, being
evil-disposed persons, and designing_ to usurp several of • the
prerogatives of the King., and to brissgsheits into contempt, to
subvert public justice and the 144140 of threalm, and to op-
press certain individuals, and to exteittfroen them money,goods,
and chattels, did conspire to threaten to indict, and to indict,
divers of his Majesty's subjects for the publication of pretend-
ed seditious and treasonable libels, they (the defendants) not
being personally aggrieved by the pretended libels, nor being
required to give evidence respecting them, nor holding any or:
flee under the Crown,- and also, that they conspired to extort
money, goods, and chattels, from certain persons, under colour
and pretenceofabstaining front further proceeding against them,
and for so abstaining to proceed. 'I were various overt
acts of the conspiracy laid in several counts. There was also a
count for administering an unlawful oath ; counts for extor-
tion without laying the conspiracy ; and a count for improper-
ly compounding prosecutions to the prejudice of public justice.
Mr. SCARLETT, in statir, the case for the prosecution, con-
tended that the Constitutional Association differed from other
societies for the suppression and prosecution -of crimes; since
those societies were established for the purpose of protecting the
property of, and punishing offences against, individuals,
whereas, the object of the Constitutional Association was to
punish offences against the State, a power which properly be-
longed to the King's prerogative, and ought solely to be exer-
cised through the responsible Law Officer of the Crown. He
very ingeniously endeavoured to impress upon the Jury, that
this conduct, on the part of the Association, was mischievous,
dangerous, and illegal.
'The following evidence was called for the prosecution ;
G. Galloway stated that he knew J. B. Sharpe, and could
swear to his hand-writing. The signatures to the papers now
produced are in his hand-writing.
There were then put in and read, the circular issued by Mr.
Sharpe, as,Secretary to the Society, and the copy of the affidavit
of Sharpe and another, deposing to Atkinson, a bookseller, in
the London-road, having sold seditious publications.
W. Atkinson, a bookseller, in the London-road, was arrested
on the 23d March, last year, and taken from thence to Ser-
geant's Inn Coffee-house, and was afterwards taken to Hemp's
lock-up house, where he passed the night. On the following
morning lie attended with his bail at the Chief Justice's cham-
bers ; Mr. Gibbon and Mr. Murray were there. Mr. Gibbon
said he knew the bail to be respectable; and his Lordship ob-
served, he saw no objection to taking it then ; but Mr. Murray
said he must have notice. The Chief Justice then observed
24 hours' notice would be sufficient ; but Mr. Murray observed,
the prosecutors were determined to have 48 hours' notice. The
witness was then taken to Horsemonger-lane jail, where he re-
mained till Monday evening, when lie was taken to Union-hall,
and discharged on paying 14s. Afterwards witness was at a
stationer's in Wood-street, and Mr. Bradshaw, one of the per-
sons who had tendered as his bail, when Mr. Murray, accom-
panied by a Gentleman, witness believed Mr. Clark, came
In. Mr. Murray said they had been to witness's house after
him. They wanted him to give up his stock, and sign an
agreement not to sell any more. -Witness said he had no
books, but they said lie had. Witness replied, all that
remained were at Mr. Perey's shop, to whom he had
sold them as waste paper. They then went there and got
them. There was one copy of the " Address to the Re-
formers," the book on which the indictment was founded.—
They then went back to witness's house, and Mr. Murray and
Mr. Clark both said that witness must give up the books, or
they would go to the Kingston Assizes, which were coming on
next day, and would file a bill against him. He then gave up
all his papers, and they went away. Next morning, about
seven o'clock, a man came to him on horseback; and in conse-
quence of the message which lie brought, witness and Brad.
shaw went to a Judge's chambers in Sergeant's-Inn. Mr.
Murray was there, and told witness lie must make an affidavit
that he had given up all his books, and he accordingly made
the affidavit. The person who came in the morning demanded
181. 16s. Bd. of witness ; and after having been at Sergeant's.
Inn, witness told Mr. Murray he thought the demand exorbi-
tant, who replied he could not help it ; those were the expenses
incurred, and they must be paid. Witness said he could not
pay it. Murray then said he would take off the odd shillings,
and afterwards, that lie would take Witness and Brad-
shaw then went to the office in Bridge-street, and were intro-
duced to the Committee. Mr. Sharpe was one of them : the
others witness did not know ; but one was called Sir J. Sewell,
and another, Mr. Clark. They mentioned the demand made
on witness for costs, which had not been mentioned previous to
that day. They were told to wait in an adjoining room till
Mr. Murray came. After waiting for some time, they were
called in: Mr. Murray was then there; and witness was told
that his books had been looked over, and they returned twelve,
as not coming within the description of libellous or seditious.
Mr. Murray also said, that, in consideration of the imprison-
ment the defendant had suffered, they would take 51. for the
costs. Witness then went away, it being agreed that the 61.
should be paid on the following Monday. But next day wit-
ness went to Mr. Murray, in consequence of a message he
received, and took the money with him, which he paid, and
took a receipt; Mr. Murray having..informed him, that unless
the money was paid that day nday) the prosecution must
go on.

Cross-examined by Mr. GuitxEr...-:Bmdshaw had commu-
nications with Mr. Sharpe whilst witness was in isiorsemonger-
lane. He went first without witness's knowledge, but after-
wards he went at witness's request, who said he should be glad
to have the matter settled. Did net recollect expressing sor-
row for having sold seditious and blasphemous publications,
but would not swear he had not done so. When witness saw
Mr. Murray, he solicited him to stop the prosecutions, and said
he had made away with all his seditious publications, and of-
fered to make oath of that fact; but on being afterwards told
by Mr. Murray that he had been informed they were only re-
moved to the house of a friend, they went to Percy's house,
and there found them. The Gentleman who was with Mr.
Murray, and who witness supposed was Mr. Clark, was Mr.
Price, as he now understood from a Gentleman then in Court.
There were some Black Dwarfs, some Medusas, the Mock
Trial of Carlile, several numbers of the Republican and the
Tax-gatherer, Nero Vindicated, &c. amongst the numbers
taken away by the Society. Witness believed in the New Tes-
tament ; did not know, could not say that he ever said the con-
trary. _ _ _

Re-examined by Mr. DENMAN.—Believed Mr. Murray
said Mr. Price was a barrister; and Mr. Price said, unless
witness agreed to the terms proposed, they would go down to
Kingston next day and prefer their bill. The name of Clark
was mentioned in the Committee-room, but not applied to Mr.
Price.

William Bradshaw.—Offered himself as bail for Atkinson at
the Chambers ; witness was then, and is now, a man of sub-
stance. Gibbon, the officer, was present, and said he believed
the bail to be good; but Mr. Murray insisted on having forty-
eight hours notice. Whilst Atkinson was in confinement, wit-
ness called several times on Sharpe at the office in Bridge-
street, and was ultimately introduced to the Committee. AIL
Sharpe, Mr. Murray, Sir J. Sewell, and Mr. Price, were pre-
sent, as well as several other persons whom he did not know.
He afterwards applied to Mr. Murray on the subject of costs,
and represented the poverty of Atkinson. Mr. Murray said
he could do no more than take off the shillings. Witness went
immediately to the Committee, and it was at length settled
that five pounds should be paid.
James Barstow, Esq. a student of Gray's Inn, knows Mr. Ro-.
bert Wardell. Recollects going about Easter of last year,'
with Mr. Wardell, to Mr. Murray's office. Witness had pre-
viously been at Mr. Murray's respecting bail, and requesting
Mr. Murray would not proceed to arrest Mr. Wardell. Mr.
Murray said he was aware Mr. Wardell was a Gentleman,
and be certainly would not arrest him. Bail was afterwards

put in, and a negotiation was entered into, by which it was
agreed that Mr. Wardell should suffer judgment to go by de-
fault, and enter into recognizances for two years, and.that Mr.
Wardell should pay the costs. Witness had always considered
the costs were to be paid, and had told Mr. Wardell so before
costs were ever mentioned by Murray. Witness considered
that Mr. Wardell was asking a favour, and that it was a de-
sirable thing for him to avoid a public discussion, and, there-
, fore, as a matter of course, that the costs were to be paid. The
costs on the-two prosecutions were 571. Witness mentioned a
bill, but Mr. Murray said a pressure of businesS had prevented
his having it copied out. The money. was paid without any bill
' being asked for.
Cross-examined—Mr. Wardell is n6t in town. lie thanked
Mr. Murray at the time for his civility, and witness had every
reason to know that Mr. Wardell did not charge Mr. Murray
with any extortion in his charges.
Thomas Dolby, a bookseller in the Strand, went, on the sub-
ject of a prosecution instituted against him by the Society, ac-
companied by his solicitor, Mr. Nettlefold, to Mr. Murray's
office, where some conversation passed. Mr. Murray said he
was desirous of getting at the author of the publication,
_ the
subject of prosecution. After some conversation, Mr. Mur-
ray appeared inclined to restrain the prosecution, and said he
would consult the Committee ; and a future meeting was ap-
pointed, at which witness and Mt. Nettlefold again attended.
lie then said he could not give up the actual writerof the article
in question, but was ready to give up the editor and proprietor
of the publication in which it had appeared. Mr. Murray
said that would not answer the purpose; but Mr. Nettlefold
cited the case of Vi right and Cobbett, in which the Chief Jus-
tice had held that the Editor and Proprietor might be prose-
cuted, although the actual writer was not known. This seemed
to satisfy Mr. 'Murray. A meeting was appointed, and took
place that evening. A paper of terms was drawn up, and was
in the hands'of Mr. Nettlefold, and, witness believed, afterwards
returned to Mr. Murray. (Mr. Murray here produced such a
paper as that alluded to,hut witness said it was not the same.)
The terms were not carried into effect.
Mr. Nettlefold said Mr. Murray read the terms from a paper
in his own hand, and kept it.
Thomas Dolby recalled.—The terms were, that witness should
give up the entire stock of the offensive publication, and express
contrition for having sold it, and enter into engagements not to
sell any publication which the Society might deem offensive.—
Upon this last condition witness said he considered it ex-
tremely oppressive, and as requiring some little time for con-
sideration ; he did not know what they might deem offensive ;
and he particularly mentioned Cabett's Register. Mr. Mur-
ray replied, he could not take on himself to say what witness
might sell, but he must take care not to sell any thing which
was seditious. Another condition was, that witness should pay
all expenses, and enter into recognizance for two years. To
this last condition also witness objected, and Mr. Murray ob-
served he could undertake to say, that it' the Society were sa-
tisfied with witness's conduct, the recognizance would be put
into
the end to in six months. At this period a gentleman came
the room and called Mr. Murray out. Atter an absence of ten
minutes he returned, and said, he was sorry the negociation
had gone on so far, as a circumstance had occurred which pre-
vented its going on.
Cross-examined by Mr. TYNDAtt.—Did not recollect the
Political Dictionary being mentioned in the course of the dis-
cussion ; had not bound himself not to publish certain works,
but the negociation implied that in future he would use more
caution. He became a party to the negociations if they did not
originate with him. lie believed one number of the Political
Dictionary was published pending the negociation ; it consisted
of three numbers ; he could not recollect if all the three were
published during that period ' • he should decline giving any
answer to the question whether he was, or was not, the publisher
of the Political Dictionary.
Mr. Nettlefold corroborated the testimony of the last wit-
ness as to the negociation carried on by him with Mr. Murray ;
the application originated with the witness at the desire of Mr.
Dolby. The agreement was, that Dolby should plead guilty,
and enter into recognizance not to publish any seditious pub•
lication for two years, pay the costs, sign a declaration of con-
trition for having published the paper in question, and the So-
ciety to use this acknowledgment as they thought fit. Wit-
ness considered the negociations as completed, when unfortu-
nately Mr. Jones put his head in at the door. Mr. Murray
went out for a few moments, and on his return paced the room
two or three times, and then said the prosecution must go on,
and in a few days after Dolby was again taken into custody.
Mr. %lima), assigned no reason for breaking off the negociation.
John Lindsay Turner is a printer ; had a prosecution pre-
ferred against him by the Association, and went to Mr. Murray
by the advice of the Treasurer of the Association, the late Al-
derman Bothwell. Mr. Murray said, if witness wished the
prosecution to be quashed, he must pay the expenses, and
give up such publications as might be deemed of a seditious
nature, and enter into recognizances to perform these stipula-
tions. NVltness asked what the expenses would be, and he.
said 251. or 261. witness said lie must consider, and would
call the next day; he called the next day; and remonstrated
with Mr. Murray on the hardship of his case, he being only the
seller, and not the publisher; and not making any impression
on Mr. Murray, he left him, and was soon after taken into cus-
tody by the tipstafl; kept one night, and on the following day,
taken to the Court of King's Bench, and admitted to bail. In
September witness was again arrested : that was after the pre
sent indictment was found.

Cross-examined by Mr. ADO T. PII us--Kept a bookseller's
shop in Aldersgate-street.
Richard William Heyward was attorney to Mr. Thelwall in
April, 1821, and on the 27th of April he wrote a letter to Mr.
Murray, informing him, that as he understood an indictment
had been preferred against Mr. Thelwall, he wished to state
that he was prepared with bail ; and to prevent unnecessary
vexation to Mr. Thelwall, he would request answer on the
subject. He received no answer to this letter, but Gibbons the
tipstitif called on witness in the evening. This was on Satur-
day, and on Monday witness gave a notice of bail. On the
Tuesday, about five o'clock, witness saw Mr. Murray at Mr.
Justice Holroyd's chambers. Several persons were present,
and amongst them Sir Richard Phillips and Mr. Adams, who
tendered themselves as bail for Mr. Thelwall. Mr. Murray
objected that there had not yet been 48 hours notice. Witness
stated, that the names of these persons had been given to Gib-
bons the tipstaff on the Saturday evening, and also mentioned
to the Learned Judge the letter which he had written, and to
which he had received no answer. Mr. Justice Holroyd said,
he thought no objection should be made to time. Mr. Murray
then objected to the sufficiency of the bail, but they were
afterwards accepted.
Mr. Thelwall lives at North Brixton. First learnt that an
indictment had been preferred against him from a paragraph
in a newspaper. He communicated this to his Solicitor, Mr.
Heyward, who advised him to rest quiet, and ascertain the
fact. This was done on Friday the 27th of April, and Mr.
Heyward wrote on that day to Mr. Murray. On the Monday
following, whilst at dinner with his wife, daughter, and pupil,
he was arrested. The officer behaved in the most respectful
manner, permitting the witness to go to his own office in the
Strand ; here he remained till evening, when he was taken to a
lock-up-house, in Serle-street, and remained in custody till he
was the following day admitted to bail by Mr. Justice Holroyd.
The indictments against the several parties were then
put in.

Mr. James Harmer, attorney, has had considerable practice
in criminal Courts. On looking at these particular cases, and
at the costs charged in each, he considered the charges as con-
siderably too high.
This closed the case for the prosecution.
r.Gu AXE r then addressed the Jury on the part of the four
defendants, who were charged with usurping the authority of
the King, and with conspiring. to wring from unfortunate indi-
viduals not only their money but their oods, and that by means
of a perversion of the law. He should-not occupy the Court or
Jury an hour in discussing the right of individuals to institute
public prosecutions, since such was the law. and if these gen-
tlemen had, in their judsmient, felt it right to institute these pro-
secutions, they had a right to do it. As to the cases selected,
there was not one of them which did not present a picture of
the most gross and wi lied sedition and blasphemy. If one of
another description could have been found, if a case in which an
innocent man had bean prosecuted could have been disco-
vered, no one could doubt but his Learned Friends and those
who instituted this prosecution would have selected that
case; and let him here also observe, that this very prosecution
was instituted and carried on by a party of unknown indivi-
duals, associated for this very purpose. He then proceeded to
contend that these associations had existed from the Revolution
down to the present time, and instanced that of the reign of
William and Mary for the support of religion and morality, of
which the greater
.part of the nobility of the kingdom were
membets. The Society for the Suppression of Vice, in our day,
had been productvie of the greatest good to society at large. The
Learned Counsel then proceeded to comment on the several cases

now brought forward, and the evidence by which they were sup-
ported. Atkinson was prosecuted for selling a most wicked
and atrocious libel, and then himself applied for a compromise,
which, in mercy, was granted to him by the prosecutors ; and
even as to costs, instead of having extorted from him 181. the
expences incurred, 51. only were taken. So also in the case of
Mr. Wardell, that Gentleman, it appeared, so far from com-
plaining of any extortion, . acknowledged the kindness, can-
dour, and handsome conduct of the Society. So of Turner's
case, here nothing had been taken; and as to Mr. Thelwall's
case, he was at a loss to know what it had to do with the pre-
sent question. All 'se could discover in that case was, that Mr.
Theiwall's attorney wrote a letter which was not answered,
and afterwards Mr. T. was arrested, and kept in confinement
till bail in a regular way was put in. As to Mr. Dolby, the
same reasoning would apply. Mr. D. applied to have a pro-
secution pending against him suspended, and Mr. Murray pro-
posed terms to him. Suppose Mr. Murray. had shut his-door,
and refused to hear any proposition, what would then have been
said of his conduct ? Would it not have been described as harsh
and cruel in the extreme ? As to breaking off the negociation
with Mr. Dolby, he would only suppose, for a moment, that
Mr. Murray had been told by Mr. Jones, why here is an indi-
vidual publishing a new seditious work, at the very moment
he is pretending contrition for having done so on a former occa-
sion. As to the excessive charges alleged to have been made,
how had they been proved ? Why, by calling Mr. Harmer,
a very respectable solicitor, he was ready to allow,- to say what
the charges, in his opinion, should have been, Mr. Harmer
being ignorant of the business done, and having never seen the
bill, when, if there had been any exorbitant charge, they might
have had ie bill taxed in the regular way, and Mr. Murray
have been punished, if he had acted wrong. Mr. gurney then
proceeded to argue on the charge of conspiracy, which he con-
tended had not been made out to have the slightest foundation
as regarded any one of the defendants, and obsem.d, he sat
down fully confident of having a verdict in favour of all the
parties.

The CHIEF JUSTICE proceeded to sum up the evidence, and
to comment on the case, and observed in the outset, that as to
31r. Clark, there was not the slightest evidence to affect him, it
appearing that the person taken for him was Mr. Price, a gen-
tleman at the bar. As to the association, he was bound to say
that an association for the prosecution of libellous and sedi-
tious works was not in itself an unlawful association ; but if,
that being their professed object, they made their association a
means of extorting base lucre, or for other illegal auposes,
whatever its professed object might be, such an association
would be illegal; and if the motives of the present defendants
should appear to be a desire to extort from individuals their
money and their goods, instead of a prosecution for libel, they
had been guilty of an unlawful act. Flit Lordship then read
the evidence which related to the different cases, and observed
that in each case the only individual actively concerned was
Mr. Murray. The conduct of Mr. Murray. as regarded Mr.
Thelwall, was not so courteous as it might have been, and as
his Lordship could have wished it- to have been ; still he had
only done what the law allowed. His Lordship concluded
with leaving it to the Jury to say whether the charges in the
indictment were at all made out by the evidence.
The Jury at half-past five retired, and; after being out 29
minutes, returned with a verdict of Not Guilty in favour of
all the defendants.

The Foreman-observed he wished to state that it was the
unanimous opinion of the Jury, that Mr. Murray's conduct had
been unnecessarily harsh and severe, as regarded Mr. Thelwall.
The case occupied the whole of the day.