The Sun.
London, England, 1822-10-22 00:00:00

THE GREAT PEDESTRIAN MATCH.

Mr. Abernethy, the Scotch pedestrian, completed his match
to go from London to Nottingham and back, making a circuit-
ous route of 260 miles, in four successive days. It has already
been stated that he did half his distance m good form, and
started again, after sufficient rest, with four hours to spare. On
the third day he took a training of 25 miles to breakfast, in
imitation of the work the celebrated Captain Barclay cut out
for Cribb, previous to his renowned battle with Molyneux at
Thissletun Gap. He ate his fowl comfortably, stretched, and
made a start of 35 miles to dinner, off rump of beef, at six
otclock in the evening. Refreshed as much as he wished, he
took a walk 15 miles further, to a favourite quarter, where he
had been before, and retired to rest tolerably well. He started
again at three o'clock on Saturday morning, and did his fourth
day's work, 55 miles, but not without great perseverance, be-
fore eleven o'clock at night.

The Duke of York had a capital day's sport at Cheveley, on
Saturday last. His Royal Highness killed and bagged 82
head of game, viz.-56 pheasants, 22 hares, three partridges,
and one rabbit, and was out only four hours. His Royal High-
ness is now with a shooting party at Ruston, the scat of the
Duke of Grafton.

The Worcestershire Fox-Hounds will meet to-morrow at
Freeze Wood ; and on Friday, at Grafton Wood.

PIRACY.

STATEMENT OF 'WILLIAM COOK, MASTER OF THE •InTa

INDUSTRY, OF AND FROM JAMAICA TO ST. THOSIA3'S.,
" Wednesday, the 7th of August, .at daylight, Saddle Hills
(Cuba) bearing South, distance about eight leagues, obs^rved
a schooner in our wake, carying all sail by the wind en the
starboard tack, as ourselves : light breezes .and clear; going
per log about 21 knots—wind E.S.E.—at sun-rise could make
her out to be in chase of us, of a very suspicious appearance,
and using a great number of sweeps and every • sail she could
crowd. At 8 A. Dr. she fired a gun and showed American
colours ; our colours were shown, but nett liking his ap-
pearance, I continued to carry all sail..:„ Brig Vittoria, of
London, at this time N.W. distance about:five miles, showed
her colours ; same time found it impossiblet.to close with the
Vittoria. From this time to about halfpast 11 A. rt. the
schooner kept firing at us ; and coming fast'up, I had no hopes
of escaping by superior sailing, but was inducer', to keep up
the chase in hopes of falling in with someone of the British
or American cruisers on tnis station. Vain hope. At 11
o'clock she was within musket-shot, and commenced firing can-
non and small arms at us; her American r..ensign was then
hauled down, and a red flag hoisted at the foretop-mast head.
Finding it impossible to escape, and considering it would be
madness to make resistance, we were soon ,boarded and taken
possession of by seven or eight ruffians, whose appearance left
not a doubt in my mind as to what :lands I had fallen into.—
I was ordered, with all my crew, on board the pirate, and ac-
companied thither by an Englishman, who appeared to be the
commanding officer of the banditti ; this. rascal's face was
blacked with gunpowder, and otherwise disguised with large
mustachios ; notwithstanding this, I knew ,the villain, and
called him by name ; he denied himself to be the person, but
lam well convinced he is the same person. •7'
" When I arrived on board the schooner,- J met with the
most brutal treatment from the Captain, who stabbed me in
three places, and broke a cutlas over me, and.' believe meant to
take my life. I defended myself from the -'inonster with my
hat, which, thank God, was a new one. Atter.! he broke his
cutlass, he was prevented by his crew from:taking another
to accomplish his avowed purpose of taking 'My life. I was
then beat with a large rope, and compelled to go with
four of my men into the boat, and tow the schooner, at this
time in chase of the Vittoria. During the time I was in the
boat, a pistol was fired at me, and a musket frequently presented
at me to shoot me if the towline was not kept right. This was
impossible, as the schooner was then going about.s knots. About
Ip. m. the Vittoria hove to, after a gun being fired. I was
then with all my crew confined in the holde The Captain,
Mate, and four of the Vittoria's crew were brought on board
the schooner, and steered in for the land with a fresh breeze.—
The Captain and Mate of the Vittoria were forashort time con-
fined in the hold, but separate from us, nor wereve permitted
to speak to each other. I am, however, happy to say no vio-
lence was offered to either, and at their own request were per-
mitted to go on deck. About four o'clock I was with
all my crew taken on board the Industry, and threatened with
immediate death if 1 did not disclose what money I had; and
where concealed. It was in vain I assured them I had no
money concealed; I gave them all the money I had, amount-
ing in gold and silver to about 100 dollars : my watch was
taken out of my pocket, my hands pinioned behihil my back and
made fast to the windlass bits, and 6 of the pirates drawn up in
front of me; also by their captain's orders fired off' their muskets
in the air, and reloaded them with ball cartridge wider his inspec-
tion, and before my face; I was then blindfolded and shot at with
four muskets; after which I was cast loose, and sent below in
the forecastle, where I was kept confined till the pirate captain
went on board the schooner. About nine o'clockp, in. came to
anchor about two leagues to windward of Hounda Bay. In
the course of the night the pirates killed their chief, and in the
morning I was permitted to proceed on my 'voyage, after'
being plundered of sails, cordage, provisions, and stores of
every description, clothes, charts, instruments, and jolly boat.
They kept possession of the Vittoria, and Captain Hearn and
crew were sent on board the Industry, where 'they remained
till the morning of the 10th when I fell in with his Majesty's
brig Carnation, Captain Walcott, who was good enough to take
them on board and give them a passage to Jamaica. Captain
Hearn and crew were not p ermitted to take any of their clothes
along with them, so that they were just as they stood.

THE LONDON JOURNALS.

EXTRACTS FROM TIIE DAILY MORNING PAPERS,
October 22, 18'22.

[MORNING CHRONICLE.]
Lord Liverpool and the Chancellor of the
Exchequer have determined to submit to Parlia-
ment, as one of their first measures of Finance, a
plan for converting the old Four per Cent. An-
nuities into Three and a Half per Cent. The
result of a similar operation with respect to the
Fives last year, occasions this experiment.

We hear with surprise and astonishment, that
it is the present intention of -Ministers to defer
the meeting of Parliament until February, unless
some unexpected occurrence should in the mean
time occasion a change in their determination.—
(J'bid.) --
We have reason to think that the basis of a
treaty between this country and Spain, highly to
the ad-vantage of. both, are already agreed on.
That the present Government of Spain would re-
joice to be on a friendly footing with England•
car► hardly admit of doubt, and that it would.
-willingly accede to any arrangements which we
could reasonably desire can as little be doubted.
Indeed it cannot be for the interest of Spain under
any circumstances to throw any obstacles in the
way of an intercourse with this great commercial•
country, where her rich produce will always
find its best market. We have no doubt that by
this time the Cortes are become sensible of this,
and thaf, besides rescinding their absurd restric-
tions, further favours in a quarter to which we
have long been looking with an anxious eye will
not be denied us. We need, say no more on this
subject. England and Spain seem destined by
nature to he intimately connected with each
other. The intercourse is easy, and cannot be
interrupted ;. and the natural productions of the
one must always find a welcome reception in
the other.—(lbid.)

[BRITISH PRESS.]
In our` Paper of yesterday we stated our
reasons for discrediting the report in a French
Paper, announcing the defeat of Nina by the
army under the Baron D'Eroles, in an action
near Olot, which commenced on the 3d inst.—
If any doubt remained on the subject, it must be
removed by the arrival of Bayonne Papers, which
give an account of its position on the 3d, the day
on which the action is stated to have taken place.

The question of the repeal of the Union is ad-
vocated in Dublin with considerable ardour and
perseverance. A series of Resolutions on the
subject, and a Petition to Parliament founded
thereon, were adopted by the Corporation of that
City in their Quarterly Assembly on Friday last.
—The experience of each suceeedin!, day must
strengthen this feeling in the City of Dublin,
which has suffered so severely by that measure.
—(lbid.)

[MORNING POST.]
French Papers to the 20th instant reached us
last night by express. They are all silent re-
specting the affairs of -Spain, with the exception.
of the Quotidienne, which has collected from the.
, Ultra Journals of the South a series of rumours
. similar to those which events have already
so frequently disproved, and which would no
_doubt have been copied by the Ministerial
Prints if they .had been deemed entitled to
the least credit. AMongst these, the defeat
.of Mina is always a. favourite and prominent
object, and the multiplied assertions sent forth
_by the Insurgents and their friends on this point
clearly prove the importance which they attach
to the movements of this Commander, and the
dread with which his military force and personal
abilities inspire them. If we are to believe the
Quotidienne and the Journal du Midi, however,
44. Mina has been arrested by his own officers and
soldiers, after an affair which he had fought with
'the Royalists, and has been conducted to Pam-
peluna, under a charge of cowardice and inca-
pacity." His army is also represented as hav-
JOg been completely " dislocated," and the insur-
rection is said to have extended to Galicia, and
to have placed Corunna in the
.possession of the
Rebels. These would indeed be great advantages;
but the Royalists are heroes, whose exploits, ac-
cording to their own accounts, transcend all that
we have heard of ancient valour, and it -is not
astonishing that men, three of whom, as we are
gravely told /in what 'is called an authentic
-.Bulletin, killed twenty-nine Constitutionalists,
should be able. to. " dislocate" whole armies at
one blow, and to conquer provinces as Don
Quixote did windmills.- •

[THE TIMES.
•
Eart O'Neill,—PostmaSter-General, be it re-
membered,—is said to have come up to Dublin
last week, for the purpose of presiding at a
Grand Orange Lodge, were the subject,of dis-
cussion was, whether the College-Green Statue
should be dressed with Orange ribands and em-
blems on the approaching 4th of November.—
Now, the last Orange disfigurement of this Statue
t, t- It, -1 breach of th ,eace, of

,gave rise to a tumultuous . _e•
the King's peace, who had enjoined to his Irish
'subjects, and more emphatically to those holding
office-under his Government, that they should
abstain from all those manifestations of party spirit
which ever had led, and unavoidably must lead,
as well to a direct disturbance of the public tran-
quillity, as t; an indefinite prolongation of that
evil temper and character with which a state of
secure peace would be under ally circumstances
inconsistent. At this meeting, then, Master
Ellis, (Master Ellis!) had the discretion to de-
precate the periodical declaration of war against
the Papists. Sir G. Hill (another sample of dis-
cretion!) did the same,. saying—what was suffi-
ciently wonderful—that he was no longer an
Orangeman. If not an Orangeman, how came
the Baronet there ? Yet, notwithstanding the
-wisdoin of these two grandees—the Master,
and' the Vice-Treasurer who chewed at least
a decent sense of shame, if not . of public
virtue—the King's Postmaster had influence
enough to carry a resolution for dressing the
statue in open defiance of the King's injunc.
11041.-71 n. plain contempt for the` legal audio-

city, no Less than for the declared and well-
known feelings of the Viceroy, and in palpable
hatred of more than 6,000,000 of his countrymen.
The facts referred to are from the Dublin Evening
Post: we should be happy to hear them con-
tradicted. Mr. Owen has repaired to Ireland on
his ordinary mission of benevolence and charity.

[MORNING HERALD.]
There is abundance of speculation in the
Foreign Papers upon the affairs of Europe, yet
scarcely any that is worth notice. The two
principal subject are the affairs of Spain, and the
'movements and designs of the Congress, which
are closely connected, and the denoament of
which must soon be known to the world. In
looking at the accounts from Spain, it is necessary
to consider the probability of the statements, and
the sources through which they came ;—such is
the indefatigable industry with which the same
falsehOods are renewed after a few days' interval.
For instance ; it is again repotted through
some of the Paris Papers that Mina has
been defeated by . the Royalists ;—though
it is scarcely passible, from the respective
forces and positions of the two parties, that
such could be the fact. The date of the sup-
posed defeat too is such that other accounts of
it must have reached this country through other
channels. It comes also through one of the
Journals of the South of France, devoted to the
insurgents, and which admitted, but a few days
before, that the insurgents were reduced to the most
perilous and distressing state,—cut off from the
means of retreat, and brought to the necessity of
coming to action at last by the combinations of
Mina. This victory may be an amende honorable
by command. ]Nina—an Officer eminent for his
skill, courage, and experience—has directed his
own movements, and those of the Generals Com-
mandants of three Provinces, who are placed
under him in such a manner, from his setting out
from Lerida, as to encompass the chief strength
of the insurgents, and force them to an action,
which in all likelihood will decide this sangui-
nary and unnatural contest.

[N w TIMES.]
Yesterday the notorious 'Dolby was tried for
publishing a seditious Libel. The prosecution
was instituted by that most admirable and truly
patriotic body, the Constitutional Association.—
Every artifice had been resorted to on the part
of the defendant to procrastinate the proceed-
ings, which have accordingly been depending
for many months; but justice was not to be
eluded : and notwithstanding all the talent of
Mr. Scarlett in the defence, the Judge distinctly
declared his opinion of the criminality of the
publication; and the Jury brought in a verdict
of Guilty.—The proceedings of yesterday, while
they fully justify our observations, add another
instance to the list of meritorious and successful
exertions by which the Association has been
distinguished. It is a very remarkable fact, that
of all the prosecutions instituted by the Asso-
ciation, both in town and country, not a single
verdict has been obtained of Not Guilty. This is
really astonishing, when we consider the loads of
calumny and abuse which have been heaped upon
this excellent Association by all the profligate
journals in the Metropolis, and the prejudice
which so loud and persevering a clamour cannot
but create in all but the strongest and clearest
minds. That other equally admirable Institution,
the Society for the Suppression of Vice, afforded a
proof of its utility in the prosecution of Clarke,
the publisher of the late Percy Bysshe Shelley's
Atheistical Work. Clarke also was found Guilty.
Our readers will rejoice the more, at the vigilance
of these excellent Societies, when they learn, that
the daring Atheist, Carlile, -has not only found
means to open a shop in his own name for the
sale of the most infamous publications, but 'an-
other for the same purpose in the name of Mrs.
Wright. These places are furnished with the
turning boxes and other machinery to prevent
detection, and it may, therefore, require some
ti.vie before the proper legal evidence can be ob-
tained to found prosecutions ; but we trust that
both tine Constitutional Association and the So-
ciety for the Suppression of Vice will be upon
the alert, and speedily bring these 'daring
offenders to justice.

Edward Miller Mundy, Esq. M.P. for Derby-
shire, died on the 18th instant at Shipley Hall. Mr. Mundy
had represented the county of Derby in Parliament, during an
uninterrupted. period of thirty-nine years, He was orginally a
friend and supporter of Mr. Fox ; but taking alarm at the
principles and opinions professed by that great leader in poli-
tics during the early part of the French Revolution, he, with
several others, rallied round the Throne and Constitution, and
thenceforward became a firm, steady, and disinterested adhe-
rent to the King and Governin-at. Silent, however, in his
political opinions, an enemy to corruption, and unbiassed by
party prejudices, to his honour it may be averred, that no
Member of the House of Commons ever quitted the high
trust reposed in him with more unsullied hands. In private
and domestic life, he was beloved and respected by all ranks
of persons. To an exterior more than commonly prepossess-
ing,flie united the elegant manners and accomplishments of
the perfect gentleman. His temper was placid and even, his
disposition cheerful, affable, and courteous to all around him.
He was zealously attentive to the business of the county, in
which, during the recess of Parliament, he constantly resided,
and he was a liberal friend and contributor to all its local
establishments and institutions. Mr. Mundy was thrice mar-
ried, first. to Miss Meynell, by whom he had issue one daugh-
ter and five sons ; secondly, to Baroness Middleton, widow of
Thomas Lord Middleton, by whom he had one daughter, the
Duchess of Newcastle, recently deceased • and thirdly, to the
widow of R. Barwell, Esq., by whom he had one son. He
breathed his last on the evening of the day of his nativity, hav-
ing accomplished life's brief pilgrimage at the precise age of
72. Like the serene lamp of night, he has, at his setting, left
a bright line of light behind, to thew the world what a British
Country. .cr.ntleman ought to be.

The Charitable ,Societ!. of Aliens, established
for the purpose of apprenticeing the Children of Poor Parents.;
held their annual Festival in Winchester on Thursday last.—
The Trustees and Stewards assembled at the White Hart,
at ten o'clock, from whence, accompanied by a band of music,
and the children who are now serving apprenticeships, they
proceeded to the Cathedral, where an excellent sermon was
preached by the Reverend H. Washington, A.B. Fellow of
New College.—An appropriate service and anthejn were
performed by Dr. Chard, the gentlemen, and choristers.
—At five o'clock the Trustees and Stewards, with a large
party of friends, dined at St. John's House (an excellent
dinner was served up by Staning, of the White Hart), where
the choir was ably filled by the worthy County Member, Mr.
Fleming, who is one of the senior Stewards of the Society.—
The SUMS received by the, Stewards for the pUrposes of the
Charity, amount to 146/. 4s. 6d. The new Stewards are—the
Rev. C. Richards, jun., and Mr. James Eames Niraight.—
The Gentlemen of the Alresford Bowling Club Society held
their Annual Meeting at the Sun Inn, on Thursday, which was
very respectably attended; an excellent dinner was served up
in a superior style by Mrs. Smith, and the day was spent in
the greatest mirth and hilarity.

LAW INTELLIGENCE.

COURT OF KING'S BENCH, OCT. 21.
SPECIAL JURIES.
SEDITIOUS LIBELS.

THE XING, ON THE PROSECUTION OF THE CONSTITU-

TIONAL ASSOCIATION, V. DOLBY.
When the Jury was called over, several were excused on
their plea, of deafness, or other infirmity, and age. John Crow-
der, Esq. was excused on the ground of personal irritability.
An objection was taken by Mr. SCARLET T and Mr. EVANS,
Counsel for the defendant, as to the mode of filling up the de-
ficiency of numbers of the Jury. The question was—whether
the Coroner or Sheriff, tinder an expectation that there might
be a deficiency of number on the Jury, ought deliberately to
summon individuals of his own choice to make up such antici-
pated deficiency, or whether a tales ought not to be returned
in Court instanter de eircumstantibus, and trot from persons pre-
viously selected at his own discretion.
Mr. GURNEY and Mr. TYNDALE replied to the objection,
insisting that the return of the Coroner was strictly consistent
with the rule of the Court.

Lord Chief-Justice ABEOTT.—The defendant, when this
cause was last before the Court, suggested that the Sheriff had
a possible interest in returning the Jury—and upon the trial of
that fact, the returning of a Jury devolved upon the Coroner.
An objection is now taken against the tales : in ordinary cases,
if there be not a sufficient number of Jurors, the tales are called
in Court. The objection to the Sheriff's return has been al-
lowed, and the Coroner now makes the return: I am of opinion
that there is nothing in the present objection. The Coroner is
bound to have persons in attendance to make a Jury ; the tales
is made up from such persons as are called viva voce, and it is
open to the defendant to challenge any of the tales—on the va-
lidity of which challenge the Court will decide. I therefore
over-rule the objection raised by the defendant's Counsel. The
trial must proceed.
The Jury were then sworn.
Mr. TYNDALE opened the pleadings. Mr. GURNEY stated
the case for•the prosecution.
The libel is entitled " A Political Dictionary," in publishing
which the defendant must know that the imputations they con-
tained were false and libellous on the nobility and the House of
Commons. Such libellers might utter still greater libels, even
Courts of Justice would be abused. To say that Mr. Clement
was fined because he published Thistlewood's trial was false-;
it was not for publishing that Clement was fined, but for dis-
obeying the order of the Court—not to publish before the trial
was finished. " The Constitution of this country was our
boast." The Learned Counsel then commented upon the words
A church and clergy, without religion, &c. ; Parliament
an empty sound, a hoax ; fhe sanctuary of venality, &c. &c."
Could such passages as these be considered a true definition of
the blessings of our Government ? Would his Learned Friend
contend we were slaves sinless the wess was at liberty to vilify'
every thing sacred—the King, the -Church, the Parliament, &c.
It was true the conduct of our Representatives might be can-
vassed, but not by every libeller.' A bill must first be found by,
a Grand Jury—a bill had been found against this defendant,
and it was not under the shelter of the liberty of the press that
the libeller was to attack every body and every thing sacred.—
The liberty of the press could not exist bdt for the protection
of the law. He should conclude with an observation lie recol-
lected to have heard, that, if the liberty of the press could ob-
tain a victory over the law, it could no longer exist, but would
be extinguished.
Horatio Orton examined by Mr. TYNDALE.—Purchased
thisbook of Dolby, 299, Strand. It is a shop that sells carica-
tures, and all sorts of pamphlets.
Cross-examined by Mr. SCARLET T.—He also sells stationery.
It was not. to finish his reading that he purchased ; it was out
of curiosity, and being directed by Mr. Murray, the Honorary
Assistant Secretary, and attorney conducting the prosecution;
witness is now in their service; receives pay not by the job,
but by the year. Received his salary about a month ago;
no new subscription that witness knows; witness refused to
say what salary, but being pressed by the Court, he said
eighty pounds a year. Before this assisted his brother in his
correspondence—was introduced to the Society by Mr. Sharp,
May 16, 1821—knew Dolby personally—he asked if witness
did not belong to the Bridge-street Gang—witness said he
might have seen him in Cheapside. Did not buy the book for
the purpose of prosecution only, and because he was desired
by the Committee to purchase it.
Mr. GURNEY desired to have read the passages in which
are mentioned—" Law, any thing the Judge pleases ;" ending
" King without authority, and people without government.
" King's speech, a few unmeaning sentences." " Meeting of
Parliament to augment public miseries, and obtain for their
families a Larger share of the spoils." 44 Parliament, &c.,
1888. House of ill fame in Parliament-street."
The evidence for the prosecution being concluded—
Mr. SCARLETT, for the defendant, said, he hoped to remove
any prejudices from the minds of the Jury against the defend-
ant. In the observations he had to address to his Lordship
about Special Juries, he meant nothing disrespectful to any
Gentleman in the box. What his Friend had addressed to
them was mere common-plate ; he had introduced certain pas-
sages, but nothing to show the character or motives of the de-
fendant in publishing this book. It was not fit to bring for-
ward prosecutions at the instance of interested individuals
such as Murray, Sharp, Orton, &c. No book was ever pub-
lished without some libelous passage ; and did it follow that
the author intended to bring the Government of the nation into.
contempt ? Dean Swift was the author of several satirical
works, and published Gulliver's Travels ; did it follow, although
it was a cutting satire upon the Government of this country,
that Swift meant to bring that Government into contempt ?
No such thing. Then the Earl of Chesterfield, for instance,
would any body say, he meant to write down Government?
He says Governments differ, but Monarchs are all the same,
a composition of passion and weakness, &c. Suppose a man
were to take up the Prayer Book or Psalms, would the Con-
stitutional Society take up the libellous matter upon Kings
therein to be found ? May not a man take a particular set of
words from this book, and say it was meant to apply to the
whole of the Government, because it applied to the worst part
of its members to expose abuses. The Satires of Juvenal,
were they libellous ? He would maintain that no history was
ever written without a libel, if-ift•• asserted that Kings or Mini-
sters did wrong. Under these circumstances a Jury are not to
infer libel from a particular passage. Would any man suppose
Dr. Swift meant to libel Parliament, where he designated them
the " Legion Club ?" Then a satire upon the Parliament,
" What think you Parliament contains ? Many a head, but
without brains," &c. &c. Again, as applied to the Court of
Chancery. He says, " I was myself ruined by an equitable
decision of this Court in my favour." Satirical writers in all
ages were allowed to point out abuses. The Learned Counsel
was one who considered the common law of this country the
mildest, best, and wisest, but it was liable to this defect—the
common law was unwritten law, which enabled a Judge to in-
troduce his opinion by way of interpreting it.
As to the passage respecting Chief Justice Pemberton, where
lie is made to say he had made more law than either House
of Parliament, it was common to say, when a Judge differed
In opinion with his predecessor, that lie was making new law.
This was no libel. Next, with respect to Mr. Justice Best
fining Davidson ; his doing so was founded upon his knowledge
of the common law. Then this writer says, it was by the com-
mon law the Judges fined Mr. Clement,—so it was. Then he
says, some of the Judges are inclined to follow his example, &c.
Lire Learned Counsel did not approve of Murray's stepping
forward as the champion for vindicating the character of the
Judges. It meant to apply to such persons as Murray, Sharp,
&c. who abused the laws. That when such men as these had
the words " Constitution or State" in their mouths, they abused
the words for the sake of putting money into their own pockets.
Next, with respect to the King's Speech, every body knows in
modern times that it is merely a speech of the Ministers, and
that which is considered the best speech for the occasion
.is—that
which says the least.
Parliament—an empty sound. Meeting of Parliament,—it
was-competent to speak freely of past Parliaments, but not pre-
sent :—I will say, said the Learned Counsel, that that person
who could say a 11. note and ls. was equal to a guinea, was
endeavouring to impose on that Parliament. The very cala-
mities we now sustained were owing to the ignorance and cor-
truptions of Parliament—that was not a libel upon this Parlia-
ment. He might allude to the Irish Parliament, which had
been put down for their abuses. Suppose he put, that it
was voted by a great majority to go to war with the Em-
peror of Russia, and the next Parliament voted that war to
be unnecessary, would not that imply a gross error in one
or other of these Parliaments? It is not that the defend-
ant meant to abuse all Parliaments. This indictment stated
defendant had no other object than to pull down the institu-
tions of the country. With respect to calling the House of
Commons a house of ill fame, that referred to persons who went
there for sinister purposes. 1 trust, whatever this defendant
may have said, • that the constitution of this country does not
require Mr. Murray's support. The whole meant nothing
but satire and ridicule, no libel. Would it be said he meant
to pull down churches or the House of Commons, by imputing
to them irreligion or corruption ? He (Mr. Scarlett) once heard
a Methodist Preacher, at Airorcester, observing on lawyers and
law-givers, in such a way that Mr. Gurney might have trembled
for such a judgment pronounced on him by one of his own
ministers.—(Laughter.)—.Pope said,
" And Judges hang that Jurymen may dine."
Did it follow that Mr. Pope meant a libel on all Jurymen ?
This Mr. Orton was a decent looking young man, with very
much the appearance of a Reviewer ; it was therefore this
book, instead of being written against, was selected for prose-
cutidn. What evidence was there that a Bookseller meant
to libel Church and State, by selling a satirical work ? Did
the Jury think this book was calculated to produce any mis-

chievous effect on the mind of Orton ? Suppose every one bought
Johnson's Dictionary, and showed it to Mr. Murray ; here
is a libel upon the people. of Scotland s—" Oats, food for, men
in Scotland—for horses in England." Mr. Scarlett concluded,
unless the Jury Were satisfied the defendant meant to bring
both Church and State into undeserved contempt, they would
not convict him ; unless he meant to corrupt the mind of all
that read it, they could not convict. Lord Mansfield said to a
Jury—" I am of opinion this is a libel, and you have only to
find the defendant guilty of publishing." That was very in-
correct, for they were the Judges of the fact. For instance, a
man leaving this book at defendant's shop, desiring him to sell
it, and then sends Mr. Orton to purchase it, would the Jury
say he was guilty with the intention of publishing a libel ? A
gentleman from Scotland • went to another to borrow " Paine's
Rights of Man ;" he said, you will find it in my great-coat
pocket. This man gave evidence of the publication. Now
the Judge himself had borrowed this book to read, and was
himself accessary to the very publication, as well as this de-
fendant.

The LORD CHIEF JUSTICE, in addressing the Jury observ-
ed, he hardly recollected evidence on a trial of this sort, where
somebody was not sent to buy the book for the purpose of
prosecution - that, therefore, could be no objection to the tes-
timony of Orton. The Jury would decide whether the article
under the head of • Common Law' was not meant to bring the
religion of the country into contempt. Next, those under the
heads of—Established Church—The Bible—Parliament—The
King's Speech—Meeting of Parliament—St. Stephen's Chapel.
—These are the passages set out in the libel. The question
was, if they were not intended to bring the Government, &c.
into contempt. Then as to the question whether the person
publishing had the intention imputed, that could only be
inferred from the act. It was a subject of explanation how
the defendant exempted himself from libellous intention.—
The Counsel for the defendant contended it was not meant to
apply generally but to particular Parliaments. It was his Lord-
shies duty to tell the Jury they were to exercise their plain un-
prejudiced judgment and discretion on the subject. In former
tunes it had been said, the only question left to the Jury was
the publication, this was not so ; they would find the fact under
an Act of Parliament, which permitted the Judge to deliver his
opinion ; he would do so, but they would decide according to
theirs ; and concluded by observing, he thought it a seditious
libel, which they, however, would determine according to their
own discretion.

At ten minutes past one o'clock the Jury retired, and at five
minutes after four o'clock returned with a Verdict,—Guilty.

QUEEN MAB.

THE KING v. W. CLARKE.

This was an indictment against William Clarke, charging
him with the publication of a blasphemous libel on the Holy
Scriptures. The offensive matter was contained in a work in-
titled Queen 111 ab.

Mr. GtnNEY stated that
,the prosecution was instituted by
the Society for the Suppression of Vice against the defendant,
for the publication of a book which blasphemously denied there
is a God. Having described the impiety of the work, and the
mischief it might produce, he observed, that after he should
read the blasphemous passages, and prove the publication, it
would be impossible for the Jury to avoid finding the defen-
dant guilty. The defendant could not say in this case 'that he
was the mere vender of the opinions of others. This work was
written many years ago by a young man. It had passed into
oblivion, and would have remained forgotten, had not the de-
fendant chosen to reprint the work with notes, and make it his
own. The notes he had written would attest the part he had
taken with respect to this nefarious work. The Learned Coun-
sel read passages from the book, on which the defendant asked
the Learned Judge whether Counsel was at liberty to advert to
passages in the work which were not the subject of prose-
cution. •

The Lord CHIEF-JUSTICE said, Counsel might read any
passage, and the defendant was at liberty to do the same.
Charles Jones deposed, that he went on the 4th May, 1821,
to the shop of defendant, and purchased a book (produced).—
The defendant took it from several others on the counter. He
paid 12s. Four other copies of the work lay on the counter with
the works just published.
Cross-examined by the defendant.—He was sure he did not
buy the book on the lOth of May.
The book was then put in, and the offensive passages read.
James Bignold said, he purchased a copy of the work at the
defendant's shop on the 10th of May.
Cress-examined by the defendant.—lie was employed by.
the Society for the Suppression of Vice. He was discharged
from the Customs three years ago. It was usual to take an
oath on going into the Customs. He took the oath of allegiance
and supremacy. He was discharged, with several others, under
an order from the Board of Excise. He was not then employ-
ed by the Constitutional Association, but on one occasion had
been employed by them. He had seen the rules for the r2gu-
laden of the Society for the Suppression of Vice. When he
purchased the book of the defendant, he saw another pamphlet,
entitled " Killing no Murder," and asked whether that was the
book, which, in the time of the Usurpation, was condemned to
be burnt by the common hangman. The defendant said it
was. He asked whether the defendant was not afraid to sell
it ;he said no—it was a spirited work, and the times required
it. The book was written by Col. Titus. The witness never
said it was a good work.
Re-examined by Mr. GURNEY.—He said he had a pension
from the Customs of 751. from the time of his dismissal.

The defendant then addressed the Jury. He was induced to
republish the work in consequence of the scarcity of it. He
endeavoured to keep it from common readers, by putting a
price on the work unexampled in printing : he charged 12s.
for it. When he was prosecuted he went to the Society, and
proposed, if they did not prosecute him, not only to give up the
publication, but deliver all the copies into the hands of the
Society, to be disposed of at their pleasure. He wrote a letter,
stating that his only object in publishing the work, was to get
custom. He wafted on Mr. Pritchard, one of the Society, who
told him the Society would do nothing in it, as he had been
concerned in Carlile's shop. He declared that he had never
sold a work of blasphemous tendency.
The defendant was desirous of reading a letter he'had receiv-
ed from Mr. Wilberforce, acting as one of the Society for the
Suppression of Vice ; but Mr. Gurney objected to wading the
letter, and the defendant was not allowed to read it. He then
read the passages in the work, and endeavoured to justify. the
pnblication, quoting strong passages from various public
writers. He particularly adverted to the translation,ot Lu-
cretius by Dr. Busby, under royal patronage, and contended
that parts of that and other works were reprehensible, yet they
had escaped a prosecution. He produced a work written by.
Tom Paine on the Continent which had never been published
in England, and stated that he had been offered a large gratifi-
cation to publish it, but he had resisted all offers, because he
was desirous of avoiding trouble. He considered it hard to be
prosecuted for the publication in question, and to be stigma-
tized by the Learned Counsel as the worst of men, when that
Learned Gentleman himself had once advocated similar prin-
ciples and received ,a medal of encouragement from a So-
ciety.
The defendant called Mr. Pritchard, Solicitor to the Society
for the Suppression of Vice. The witness said, he had' been
13 years Solicitor and Secretary to the Society. He remem-
bered the defendant calling upon him previous to his arrest.—
He offered to withdraw the copies and discontinue the sale, if
the prosecution was given up.
Cross-examined by Mr. GURNEY.—He said the Committee
ordered him not to stop the prosecution, because they found the
defendant was selling copies of the work after he made the pro-
posal.
John Jones, clerk to Mr. Pritchard, recollected the defend-
ant making an offer to give up the work, if he was not prose-
cuted.

Cross-examined by Mr. GURNEY.--He stated, that the de-
fendant said he was ready to give up the work, because it would
not sell. _ _ _

The title of the rules and regulations of the Society for the
Suppression of Vice was read. It purported to be a determi-
nation on the part of the Society to prosebute for the purposes
of supporting religion and morality, after friendly admonition
had failed.

The defendant asked Mr. Pritchard, whether any admonition
had been bestowed on him before the prosecution ? .
Mr. PRITCHARD answered in the negative.

Mr. GURNEY, in reply, then address'Cd the Jury. The De-
fendant had thought proper to speak of him who once support-
ed the obnoxious principles of the libel in question. He con-
sidered the assertion a falsehood. He h: d examined the Chris-
tiameligion.whe firmly believed it—and never had there fallen
from his lips a single sentence in support of blasphemy. It was
useless to make any further comment on the blasphemy : It was
before the Jury, and they would no doubt deal with it as jus-
tice and religion must dictate.
The LORD CufEr JusTfcE read the passages which were
the subject of prosecution, and having declared them to be blas-
phemous, left the Jury to d aw their own conclusion.
The ury, after some d2liberation, found the defendant
Guilty, but recommended him to mercy on account of his
poverty.

The London Sessions were held yesterday be-
fore the LORD ,MAYon, RECORDER, Aldermen Sir C.
FLOWER, ATKINS, SCHOLEY, and WAITHMAN, at Guild-
hall.—The usual routine of business having been gone through,
the RECORDER, in a neat speech in his charge to the Grand
Jury, lamented the number of cases which would come under
their consideration, particularly from the short period since the
last Sessions. Two cases of perjury would claim much at-
tention.—The Old Bailey Sessions commence to-morrow. The
Calendar at present does not contain more than 100 prisoners,
committed for trial for London and Middlesex.