The Sun.
London, England, 1834-04-25 00:00:00

GUILDHALL.

Yesterday, Mr. Cleave, the Radical bookseller, in
Shoe-lane, attended before Sir PETER LAURIE and
Mr. Alderman ANSLEY, to answer two informations
for printing and offering to sale Nos. 12 and 13 of the
Weekly Police Gazette, an unstamped publication.
Mr. Tilsley said that, in endeavouring to suppress
the sale of unstamped papers, they were frequently
asked, " why prosecute the vendors, and leave the
fountain-head untouched ?" That question would not
apply here, for they were now proceeding against the
printer of the publication. He understood it would be
urged on the other side that there were other un-
stamped papers which published articles of news with-
out interruption ; but if it were so, their doing an ille-
gal act would not justify the defendant in doing the
like. All the statutes from the time of Queen Anne
had required papers containing " public news, intelli-
gence, or occurrences," to be stamped. Such matter
constituted a newspaper, and if the contents of the
defendant's paper were not news, then no paper could
be said to contain news. Magazines printed deaths
and marriages, and articles on politics, but they had
an obvious distinct character, and had never been re-
quired to be stamped.
Mr. Wire, the defendant's solicitor, urged that the
informer should prove that he was employed by the
Stamp-office.
Mr. Tilsley produced his appointment, though he
showed that by law the averment of the fact was suffi-
cient, unless the contrary be proved.
James Winter, a clerk in the solicitor oe stamps'
office, proved the vending of two papers, on the 22d
and 29th of March, at the defendant's shop.
Mr. Cleave asked him what he expected for this
extra official duty.
Witness answered, nothing.
Mr. Cleave asked him where he lived? Witness
said at Camberwell.

Mr. Cleave requiring further particulars, he said he
did not know the number of the house; but it was in
St. Mark's-row, New-road, Camberwell.

Mr. Cleave again asked him if he did not expect
something extra for his trouble in this case ; and wit-
ness repeated that he did not.
Mr. Wire then addressed the magistrates at great
length for the defendant. News was that which was
before unknown to the public, and as the Police Ga-
zette only repeated what had been published before, it
did not contain news. The Police Gazette was not a
newspaper, because it did not contain the bankrupts,
dividends, &c., the price of stocks, births, deaths, and
marriages, the markets, shipping news, foreign news,
or comments on passing events, which were all indis-
pensable ingredients in a newspaper. The Literary
Gazette and Athenceunt gave reports of the
proceedings of the literary and scientific bodies,
accounts of the performances at the theatres,
and the weekly gossip in the literary norlcl,
which would be news in the sense now put
forward by Mr. Tilsey. But these papers had
never been prosecuted for publishing on unstamped
paper. The Penny Magazine, too, contained news
and occurrences as much as the Police Gazette, and
was sanctioned by the authority of the Lord Chan-
cellor and Chief Justice Denman, who could not be
supposed to be violators of an act of Parliament. If
the commissioners of stamps allowed these publica-
tions to go on unprosecuted, he could not suppose it
was because their Honours were partial and unjust,
but rather that they felt they had no right to prosecute.
Mr. Alderman ANSLEY said the law vested in thb
commissioners a discretion to prosecute whom they saw
fit, and Mr. Wire had no right to interfere with, or
censure the use they made of it. If the Penny Ma-
gazine ought to be stamped that did not justify the
defendant in issuing an unstamped newspaper.

Mr. Wire, said the worthy alderman ioially misun-
derstood the observations made. He ( Mr. W.) did
not interfere with or censure the commissioners, for
his aim was to show what the commissioners had by
not prosecuting decided not to be news. If it were
impolitic to prevent the Literary Gazette and others
from extending literary knowledge, it was as impo-
litic to prosecute the Police Gazette, which had for
its object to instruct the poorer classes in a knowledge
of the law, and the mode in which it was adminis-
tered. Prosecution would never put it down, but it
would increase the hatred and contempt of the law.
The power given to the commissioners to prosecute
was introduced by the then Mr. Denman, to shield
such publications as these from the attacks of common
informers, and not to constitute the commissioners an
inquisition, sitting in secret conclave to regulate the
liberty of the press, and say what shall and what shall
not be published. Mr. W. then entered into a minute
examination of the various Acts of Parliament re-
lating to newspapers, and contended that the Police
Gazette did not come within the meaning of either
the 3sth or 60th Geo. 111., and consequently could
not be liable to the stamp duties.
Mr. Cleave said he had hit upon the idea of pub-
lishing the Police Gazette, in consequence of reading
an impressive sentence in the first number of the
Penny Magazine, which he should never forget. It
ran as follows :—" We, (that is, the Lord Chancellor,
Lord Chief Justice Denman, and the other patrons,)
consider it the duty of every man to make himself ac-
quainted with the events that are passing in the world,
with the progress of legislation, and the administration
of the laws, for every man is deeply interested in all
the great questions of government." He hoped he
should never see the day when the poor man would not
have an opportunity of performing the important duty
so described ; when, though unable to purchase a
stamped newspaper, he would be prevented from
catching a cheap republication of some of their mate-
rial contents. The pictures of crabs and the like,
and the covert and insidious political economy of the
worst description, which were to be found in the
Penny Magazine, was not the sort of knowledge that
the poor man required. He referred to the series of
articles, to show the state of labourers in Italy
and other countries. These were news to him ;
but the publication was allowed to go forth un-
stamped. The Athenauni, which had published
the original accounts of the murder of Capt. Skyring,
and the arrival of Sir J. Herschel at the Cape—both
decidedly articles of news, was allowed to publish on
unstamped paper ; but then the price was sufficient to
keep it out of the hands of the poor man. There was
a weekly newspaper (which he would not name)
which had reached its 60th number, containing the
Gazettes, markets, and all other useful matter, and
published at 3d., which had escaped all notice from
the Stamp-office; but he (defendant) had been
pounced upon as soon as he ventured to insert the
trial of the six Dorchester men. Mr. Tilsley had

asserted that this Police Gazelle had injured the
1 revenue and the Sunday papers. This was a delight-
fu I admission, for it could only have injured those
who advocated the accumulation of capital in a few
He knew that the Dispatch and the Examiner
had greatly itc•!ea,. ,1 in the past twelve months.
These did not ask to :Ice him punished ; they only
desired to have the stamp-ditty fetuAled ; and he also
de fired it that all might compete fairly for the
pub& favour. Some newsvenders had complained
to the StamP-Offire that the Police Gazette had
destroyed their trade id lending Sunday papers.
This was very unwise, and he -"Vaned them against
warming the serpent, for by and bye the commis-
sioners would prosecute them in turn for lending
papers. Why should a man put up with borrowing and
reading a second-hand, nasty, greasy coffee-shop
paper ? The price of a newspaper should be reduced
so as to enable him to buy it. Mr. Cleave proceeded
to descant upon the case of the Dorchester men, the
late exhibition of the unions, to praise Mr. Sheriff
Harmer, and abuse the Whigs in power and the Morn-
ing Chronicle; and to maintain the necessity and Cer-
tainty of a bloodless change in the system of society,
so that the rich man should no longer roll about in his
carriage, and enjoy wealth which he is himself unable
to produce ; and he expressed his unbounded felicity
that his case was to be disposed of by Tory magis-
trates, instead of by twelve Whig " Shopocrats."
Sir PETER LAURIE allowed him to take his own
course, but Mr. Alderman ANSLEY once interrupted
him with a caution that his zeal was overpowering his
reason.

Mr. Tilsley defended the ministry from the imputa-
tion of having suggested or directed any stamp-office
prosecution whatever. With regard to the literary
news in the Literary Gazette a prosecution was com-
menced some time ago against the publishers, and it
was still pending ; but revenue being the only motive
which guided the commissioners they might omit to
notice some infringements which did not interfere with
the revenue. He re-urged that the contents of the
Police Gazette was news.

Sir PETER LAURIE regretted that Mr. Cleave's zeal
had led him beyond the bounds of propriety, and he
hoped when he reflected on the tendency of some of
his concluding remarks he would be sorry for it. His
paper appeared to be harmless. It was certainly
wrong to punish one man and not to punish another who
broke the law, but that would not justify the breaking
of the law ; and, perhaps, if the commissioners were
to prosecute every petty publication, they would have
more than they -could manage, while they could not
pass over a journal of such extensive circulation as the
defendant's. His common sense told him this was a
newspaper ; but he had also taken legal advice on that
question, and the city solicitor had also decided „that it
was a newspaper. The magistrates would fine him
only 5/. on this occasion, but he would be treated
otherwise if he came before them again.
Mr. Tilsley asked defendant if he would promise to
desist from publishing any more papers ?
Mr. Cleave said he would make no such promise.

The magistrates kindly granted him time to consi-
der whether he would go to gaol for three months, or
pay the fine.

BOW-STREET.

A YOUTHFUL ATHElST.—Yesterday a lad named
Alfred Pegg was charged before Mr. MINSHULL with
obtaining four pairs of shoes by false pretences from
the shop of Mr. Tanner, a boot and shoemaker in
Little Russell-street, Covent-garden. The case
had been postponed from a former day for the attend-
ance of a shopboy of Mr. Tanner's, who was a ma-
terial witness.

This boy, whose name was John Arthur, was now
called forward ; but when Mr. Vine, the clerk, pre-
sented him with the New Testament to be sworn, he
said, " I decline, Sir, to take an oath."
. _ . .

Mr. Vine—Why do you object to it? Arthur—
When the magistrate puts that question to me I shall
answer him.

Mr. Vine communicated this to Mr. Minshull, who
had been in conversation with a gentleman at the
time, and the worthy magistrate asked the boy why
he refused to be sworn? Arthur—Because I do not
think there is any obligation in an oath.

Mr. MINSHULI.-I urn shocked to hear you say so.
How old are you? Arthur—Seventeen, I believe.

Mr. Minim-mt.—And how is it that you do not
think an oath binding ? Consider, boy, before you
answer. Arthur—Because I don't believe in any reli-
gion. _ . _

- Mr. Muisnun—Have you any father or mother ?
Arthur—Not now ; they are both dead.
Mr. MINsUULL—Were you ever at school ? Arthur
—Oh ! yes.
Mr. MINsmILL--And you can read and write, I
suppo§e ? Arthur—Yes, I can, as well as most people.
Mr. MlssnuLL—Do you ever read the Scriptures ?
Arthur—Not lately ; but whether I do or not does not
signify, for I don't believe in any thing they contain.
Mr. MINSHULL—IS it possible then that you do not
believe in the existence of God ? Arthur—l don't
indeed. I don't believe in any religion at all.
Mr. MnrstruLL—Have you read any books of an-
other sort—l mean that are written against the Scrip-
tures ? Arthur-0, yes, plenty.

Mr. MiNsnuLL—And is it frOm reading them that
iou disbelieve the Scriptures? Arthur—l suppose it
is. The long and the short of the matter is that I
won't take an oath. If my word is not to be taken my
oath can't be worth a farthing.
Mr. MINSHULL- You are a poor wretched boy, and
are labouring under a delusion, which I hope will soon
be dispelled. I shall remand the prisoner until Sa-
turday, and meanwhile I entreat you to reflect upon
the subject. This, however, I will tell you, that if on
Saturday you refuse to be sworn I shall commit you till
the sessions to give evidence, and if you there refuse
to be sworn we shall see what the court will do with
you. _ . _

The prisoner was then rem oved, and the boy Arthur
walked sullenly out of the office.

BO W-STREET.

.Tuesday a powerful-looking Irishman, named John
Harrigan, was brought before Sir F. Roe, the Rev.
Mr. Busby, and Mr. Mallard, by Goddard and Flet-
cher, the officers, on a warrant, charged with having,
in conjunction with six others, assaulted one Robert
Stevens, a smith, at the mansion of Lord De Grey,
in St. James's-square.
The defendant is a bricklayer's labourer, and a
member of the Trades' Union.

Stevens said he was in the employment of Mr.
Jacques, a smith and ironmonger in Museum-street,
Bloomsbury-square, and was engaged in fixing stoves,
and in other departments of his trade, in the residence
of Lord De Grey, in St. James's-square. He was a
member of the Union, but he had a large family, and
on Monday he went to work, instead of joining in the
procession which was formed to present the petition in
favour of the men convicted at Dorchester. He went
to his work again on Tuesday morning at six o'clock, and
was much annoyed by threats from the defendant and
others employed upon the premises, who abused him
for working on Monday. He pursued his employment
quietly until eight o'clock, when he went to his break-
fast, and on his return he was attacked in one of the
kitchens by Harrigan and six of his mates, who seized
him by the arms and swore they would " tie him up."
They were about to bind him with ropes, when, by a
strong effort, he escaped from them and got out of the
house. _ Mr. Nicholls, the clerk and foreman to Mr.
Jacques, assisted him, and brought him immediately
to this office to procure a warrant against the assailants.

Mr. Nicholls.corroborated this statement.
Goddard and Fletcher had received instructions from
the Chief Magistrate to execute the warrant against
the whole seven with all possible speed, but they could
only find the defendant, the rest having absconded.
Sir F. RoE—Defendant, what have you to say to
this charge ? Harrigan—l have nothing to say, your
Worship, except that it was only a bit of a lark. I
have been threatened the same way myself many a
time, and the only object was to get a drop or two of
beer.

Sir F. ROE (to complainant)—You hear what he
says. Was the attack upon you made in consequence
of your going to work on Monday, instead of joining
the procession ? Complainant—Certainly, Sir ; the
defendant and the others said so distinctly.
Sir F. ROE, after consulting with his brother ma-
gistrates, said, " I could if I chose send this case to
a jury, but, not thinking it quite necessary to do so, I
and my colleagues are decidedly of opinion that, under
the circumstances, the highest penalty which the law
Allows should be inflicted. You (the defendant) may
have your own notions of the propriety or impropriety
of attending the procession of yesterday, and you may
imagine that you have a right to enforce the attend-
ance of all the members of the Unions, and in default
to take the means into your own hands of punishing
those who chose to absent themselves. I must, how-
wer, tell you that every man in this country has a
right to follow his honest calling whenever he may
think proper, in spite of the threats of others ; and,
as long as I have the power to enforce the law, any
attempt, either by assault, menacing, or intimidation
of any description, to prevent a man from the exercise
of his rights as an honest member of the commun:ti,