The Sun.
London, England, 1821-09-25 00:00:00

TAE• ASSIZES.

LANCASTER, FRIDAY, SEPT. 21.

LIBEL—PROSECUTION BY THE CONSTITU-
TIONAL ASSOCIATION.
THE KING vfnsus RIDGWAY.
[Further Particulars.] •
Mr. TrNDAL opened the case, which he said to be an in-
dictment charging the defendant with having published a li-
bel on. the King, the Government, and the Constitution of the
country. •
Mr.Serjeant HuLLOCE said his friend had already informed
the Jury of the nature of this indictthent, and that his duty,
as the prosecuting Counsel, would lie in a very narrow com-
pass : and he felt no inclination to exceed the limits of his duty,
because the language was'too plain and manifest to be misun-
derstood, and if they, on hearing the passages read, were not
convinced that they were of a pernicious and evil tendency, he
could use no argument that would bring their.miud to that
conviction. The defendant was a fustian-cutter in Manchester,
but adding to that business the selling of political pamphlets.
The libel was to be found in " A New Year's Address to the
Reformers of Great Britain," which be should prove to have
been purchased of the defendant. The Learned Counsel then
read the following passages of the.libel
" To talk about the British Constitution is, in my opinion,
a sure proof of dishonesty. Britain has no Constitution : if we,
speak of the Spanish Constitution, we have something tangible.
There is substance and meaning as well as sound. In Britain
there is nothing constituted but corruption; the system of Go-
vernment—our very laws, are corrupt and partial, both in
themselves and in their administration: • In fact, corruption,
as notorious as the sun at noon-day, is an avowed part of the
system, and is denominated the necessary oil for the wheels of
the Government. It is a most pernicious act to the.interests of
the people."
And in another part he- says--L" Reform will be obtained
when the existing authorities have no longer the power to with-
hold it, and not before; we shall-gain it-as early without peti-
tioning as with it, and 1 would again put forward my opinion,'
that something more than a petituting attitude is necessary.—
At this moment I would not say a word about insurrection,
but I would strongly recommend Union, activity, and co-Oe-
ration. Be ready and steady to meet any concurrent circnin-
stances."

Publications of this :deseriPtion, vere_. usually sold low, So
that they miglo: be within the reach of every one. This docu-
ment was published at the low price of two.pence, in the heart
and centre of Manchester, a.place of great population, and sub-
ject, as we all know, to great political agitation. Their judg-
ment was to be exercised in considering whether this libel could
be innocently published or whether it was not published with
the intent ascribed to it. in the. irglittme.nt. The man who,
would say that the laws were corrupt, he would say was not
contented with his situation. .They . had. only arrived there
yesterday, but no Than who had been in attendance for the
last ten •days would •say that our laws Were' not duly ad-.
ministered ; the poor man, could contend his rights with the
proud man under a 15erfect reliance of receiving justice frcrm
.the hands of those to,whom the administration of the_ laws of
the country were intrusted. He would put it to them to say,
whether a man who could give publicity to such &document,
" that Reform would be obtained without petitioning," and.
-" that something more than a petitioning attitude was neces-
sary," could have any other motive but to stir up, insurrection
•
and discord.

Mr. BROITAHAN objected to that, part of the libel going to'
the Jury, and also to hisfriends'pating a meaning to the pas-.
sage on:which the record was silent. No meaning or inuentio
had been placed upon the record, nor had the defendant had any'
notice that a meaning was intended to be put upon it ; be was
therefore unprepared to meet it, and he should take his Lord-
ship's opinion whether that part should at all go to the Jury.
Mr. Sergeant HULLOCX—Certainly his friend was
.prema-.
ture in his abjection, and he did not think it could be maintained,
in law.

Mr. Justice HOLROYD said it was a matter • to be 'urged in
arrest.of judgment, rather than at this time.
Mr. 13R 0 1.1 6 II AJkl•--W ith respect to its being a matter for an.
arrest of judgment; he differed from his Lordship. If two7pas-
sages were charged as libellous, and one contained inuezidoes
and the other did not, and the Jog found 'a verdict generally,
how wits. the Court afterwards to say upon .which the. defendant

• 11,1r.'BirettroxAm—Then he felt it his duty this. early: to
make an eption to that passage going before them..
Mr. Serleant -Hur.r.ocK• resunicd. He had nearly finished,
and had Silly a few words further to add. What,, lie- said,
could bc the meaning that something more than a petitioning
attitude was necessary, and his allusions to theSPanishOovern-
'ment ? • Why, hiS object was so palpable, that ".he who -runs
may read, and reading understand.', It could only'be to raise
,up tumult -and confusion, and he beseeched therii seriously to
coirsider if'it could have any othei motive. Ile rejoiced, he
said, that the defendant had employed the assistance of so much
-talents, .an&after they had heard his eloquence on his behalf, he
would venture to aft= that they would come to the conclusion
that this was a false and scandalous libel. - •

Evan Aliller iznew the deferidan't, -he lived in Man Chester,
'either in 'Swaibeick or Sackville-street. He keeps a small
shop, chiefly consisting of pamphlets , and books. ,Be
also saw checks and . linens. lie recollected. seeing a
prihted paper upon his window shutter —" Just published,
an Address to the Reformers of Great Britain." He
made 'an application at the shop to, purchase the pamphlet
on Tuesday, 27th of March last. 7 He was ditected to apply
'there the
.It. by Mr. Thotnas W:6l, ..,Solleith'r of '-'ilauchel;ter.
-He is his rleile. He saw the defaftent himself, and asked him
if he had. the pamphlet called, Ins Vear 3 Address to,the
ReforMers. of- Great Britain." He said he had not, but waS
writing -that evening, and he shonld have it by the latter end of
the week, and if the witness.would come towards Saturday, he
made no doubt but he should then have it. The ivitness.pro.
raised to call again on the Saturday or Monday following, and
after looking at Hunt's Life and some-other Politicid.Books;
he left:. He. called on the Monday. Morning folloWing, but the
defendant was absent from home ; .he repeated his_Visit in the
evening, and saw. the defendant. He said he had'-'not got the
book, but that
_be_ should most probably have it by the. Iriday-
following. He said he had somebefore the witness called the

first time, but he had sold them all. The witness said. it mighi
be proper to observe, that, there was a sign over the door, on
which was written, " David Ridgway, Dealerrin Tea,,Coffee;
TObacco,*andSnuff." • The defendant asked the witness if he
had a book entitled the." Right Divine of Kings to Govern
Wriong.4' He said he had, and .the defendant stewed it, and.
read several parts of it, by way of explaining those passages that
referred to pictures that were on the back of it. He called
again onthe.fith April, and saw the defendant, and got one of
theAddTesses from his hands.

Cross-examined by Mr. BIIOIIGIJAM—He is zot one of the
fainily of the Millers, of Huddersfield. He is not an articled
clerk to Mr..Nadin, but is bound an apprentice to. him.. It
is Mr. Nadin, jun., the man who was a police officer, that he is
with, not old Mr. Nadin, the gentleman who had retired..into
the country, t 9 live upon his fortune. Mr. Nadin; jun. married
the daughter of Mr. Lavender, -once a Bow-street Officer, but
now the Deputy Constable of Manchester, and not yet retired
upon'his fortune: Mr. Nadin does not read thoSe books himself.
He had some difficulty in "getting it ; ,he went four times for it;
but- he was,promised it the first time. It is a small shop, the
front room'of a small house, with a little flat windoW. The de-
fendant was generally at his work up stairs when he went. He
saw ,several pamphlets, and there were shelVes around the shop,
-but not many. books. He saw . the defendant folding up news-
papers, and he believed he supplied them to those who ordered.
them. . Ilis'wife soldrin the same shop, thread, sand, potatoes,
tea;'and children's books—Mother Shipton and Jack the Giant
'Killer. He did not know, that the defendant had been a
Volunteer for six yeais' and a Local Militia man for four years.
He. was,lB yearsold. He made memorandums of what passed
between himself and Ridgway. It was not for his own reading
that he purchased the Addresses. He did not expect to be.paid
for his. trips, He .came to Lancaster on Thursday last, with
Mr. Murray, the :Solicitor of the Asiociation. He had lived
;with him eser since at the King's Arths, the principal inn in
'the town. 11 henhe was. sent to purchise the Address he-:had
some idea that it was for, the purpose of giving it in as evidence
against the defendant: NO one was present but Mrs. Ridgway
whenever he 'conversed with the defendant; - •

Re-examined by-Mr. Seat At- the time he,
took Pis. place t, come to Lancaster, he had not _seen Mr. Mur.
ray ; but Mr. Murray came to their OtHae the same evening,
and said he was going the next morning early, and it was then
arranged that the-witness should travel with him.:,

(Vier. this witness had been examined, it waS proposed by
Mr. Brougham that certain Parts of the libel should be read,
with a view to show, that when connected with the preceding
and subsequent matter; the offensive passages were disarined
of their evil tendency. Mr. Tindal also proposed to follow up
his Friend's reading by paragraphs that he should select ' This
plan was abandoned, as being likely to'consuine more time
than it would save, and. the whole Address was-then read. It
Contained more matter than our liniits will here allow ua to
insert; and, among other subjects, in addition to the above ex-
tracts, it contained a long exhortation to his readers to abstain
from malt liquor and other exciseable articles, as a means of
'giving strength to the body and vigour to, the mind. .
Mr. Bnotronasi said, he rose as the professional advocate
of this poor man, to. defend him from a new order of political
persecution- In most cases where the author could be found,
he was* the object of prosecution, and next to him was
his avowed and -confidential publisher, because he was in-
terested in disseminating his writings, and was a partner with
the author in the publication. This was pot an ordinary
case ; it was' his misfortune not to meet an open' and avowed
prosecutor; appointed by the Government-1(Y be the guar-
dian of the law, who, in exercising, his, discretion. on
those he Would:prosecute, always brought before a Jury those
that werereallk the offenders, where they could 'be found, and
disdained to take those who had acted a- mere subordinate part
he always struck at the head, and was ever cautious in not se-
lecting improper cases to be the subject of prosecufigns; he
Maintained m dignified reserve over' the little unhappy trades:.
man who was ignorant of what he was dealing in, and. would*
not stoop to such a case as this. This mock Constitutional As-
sociation knew yeho-the author was, and why had they not pro.
secuted .him.-? No, they knew a Middlesex Jury would not
countenance them, and thatSs soon as they showed their head
into Court, the Jury would turn their backs upon theM; and so
they had sent down their agent, 11.1urray, to see what a Lanca-
shire Jury-would do.. Murray says; I will go down to Lanca-
shire, and there I know we can get .a Jury that will.give us- a
verdict; but we have no case, we cannot take Carlile there for
an offence committed in Middlesex ; well, and if we cannot
have him,, we can hunt out some ether trader, who has sold a
copy of his Address e we will. employ young • Nadin and old
Nadin, and Lavender, and they shall engage their ferrets and
Spies,' and we will employ s Lancashire Jury—ive shall then
make up.a case, nd by the serslices of the wretches, the Nadin's
and Lavender's favour, .we shall be able to get a-verdict; and
they do accordingly get the poor defendant, after foils ayplica.
thins-to him; to commit what they call an -act of. publication,
and it was upon a case so got up, that they attempted to obtain
a verdict from a Lancashire Jury. ,He called upon them
not to give credit to this solitary witness, wii6 'had been
employed for -no other purpose than to entrap -the defen-
dant into a breach of thelaw, as they, were pleased to term
it. The witness had gone at the desire
.of his master,
who had received his instructions from Murray, who acted
under the direction .of . an - Unconstitutional Assembly, to
go to the defendant's house; he .went, and there.saw a .bill
posted Up; that an Address might be had Within ; he wentin,
but he did not ask.fOr that Addreis, lint for Carlile's New
T'ear's Address to the Reformers of Great- Britain. He was
told he had not got it ; but this poor miserable man, who could
searcely"by any means make Out a. scanty means f existence.,
•being reduced in his own trade'by the pressure of thelimes,
and his wife, lending her aid. to obtain an honest living by sell-
ing snuff, potatoes, sand, and children's books, in this hook-
se ltr'e spacious dimensions, being the front roem'of a
little house, .promised to obtain it ; and we find that he was not
.suffered to rest till he had fulfilled Lis promise ; for the witness
himself confessed that he had great difficulty in procuring it;
and when he had received it from his' hands, this prosecution"
for a libel on- the King and Constitution, which they were then'
trying, was immediately commenced.. .At the tiMe.that Address
was purchased, the witness bought another Address,, and for
aught they knew, (and in all-casos where doubt existed; they
were:bound ,to give the -benefit of that.doubt to the defendant);
that was the very Address be had advertised at his parlour win-
dow, (for lie would not call it a shop), and that he wivi tenipted
their pressing importunities to -sell this offeniiVe. AddreSs.
Ibis, he said, was a rank conspiracy, formed against the de-'
fendant, and that too at.the very time
.when this Society stood
'indicted In tbe'County of Michlleses fer • another conspiracy.—_
. They had circulated letters defamatory' to the defendant, and
they had wickedly tempted him to do an act for which they

had afterwards prosecuted. him, and nJt. intraties
to 'a breach of thelaw, the Jury woaid never have heard of
this defendant. If his pr.oseeutors had descended from tbllr-
vaunted grOund to an ordinary - level, and instead, of tbi3 poor
doleml:,,nt, brought the writer to his trial, it would have had
mote the appearance of justice—first, because it was impos-
nblethat :Ridgway could know the. contents of the beak, and
secondly, because the, book night be read,. through, without
finding a passage in
_the talons Of. these
.harpies could
be fix•ed: His • friend had preathed up the dtire which this
• Ackitess had manifested to.create an: insurrection; and it,par-
.tien_l4r.sentenqesoalywereto be considered, . and abstracted from.
tile. general purport of ihebook,,he hardly kne-W one. to
.Which
that, or some Other prejudicial remark, would not apple; Read
the passages ininieffiztely before and-aftettliose ecimplained-of;
and they, could haveatao noubt,of -the meaning of the author, and '
that he Was a clar-ieitled • honest-hearted than. • Look at the
whole boOk collectiVely; and,he *Vuici aSleif it smelt of 'blood
:The Author's attention hatthectielqin, to. the Spanish Consti4
tution, because in that a favourable change had been effected
without • bloodshed, and the seine meaning• would apply to
Naples-up to the time of the in:tit-lei-once of Other powers' and
-it Was an. thil light ••t1 atileheld,.thenf up ..to.the:,view of Eng-
lishlnera ; with the.exgeptitin.iir, these
,pastage, the whole was
ati,exhortation to teinirerance .and 4)slinence, and a war with
the revenue; which are-did notitnow4was. 'Waging-. war . With the
King. .The Author had. taken himself ,from. the mechanic's
bent by his attendance to economy, and the whole,airn was to
'wail on Others tOimpinve their condition hYlike means. Ile
begged of the Jurynot to look atiSolated passages; in oue part
of Ins Addres4o called hitnself a I:l7,pntgigan, the, general mean-,
in;; of which 4-a: forth of G7rveinment opPosed to Monarchy f'
thiS.,- ifread detieheir-Would• be bignly-,prejudicial-‘6lll/14
but if conuectect with. that, which ft-410,w, would: be seen
that, he, only wished that.the Throne should bend to the inte-
rests of the people, and • in 'that Sense he, 'and' eirety person
present, Niere,.Qr huglit,tci be; Republican's v for the-very spirit
of the Hridsh.Constitution •was, that. the •tltrone..should bend
to the interests or the peOple. The atiihoi-cs., notions of Reform
maybe mere chimera; but lie Ira& been supported in those cipi:
.nions -by- sonie.of: the greadst alikl.noblest. men:of the country
from the time of the 'Duke, .of >Richmond: in 1782
.dotnwards,
and-by some of the most strenuous that ever'the: coun-
try gave birth to-.even DeanS*lft had '6U-I3• deprecat4An-
nual :Parliaments, .because they -were liable to. abuse.. He -
begged the Jury not to place; implicit confidence in one witness;
the grohnd "was.tezidei, and sthey:should be cautious how they
'trod upon it. It was upon this.' 'single-testimony that the other
jackall of the Associationhad-.calledupon them .to .give a ver-
. diet against,. the, defendant. Miller had, said that there was a
sign over the door indicating that the 'defendant dealt in tea;
'coffee, and 'other exciseable Ware; and could they think-that a
man who sold them.for gain would call onhis verycustomers, .
and dissei-ninate.ainatigtiieni:arguments_to prevail on them not
to use those very' things ? The evidence waS, that he had been
drawn into thd act .by Tiler, and those who..iet. him onovlio•
only seem to know one or two defects, which the most perfect ,
'system of GoVernment was liable to, arid they were made the
vehieles.Of their gain they called it 'precious, because- they
knew its value, and only. clung •to it
.because ,they, were its
bloodshckers ; he warned them against such Associations, and
to do their duty. by..defendilig.the country.. front such harpies
and, leeches. . . . • • - •'- •• .•
*- Mr. JuStiee Ildr.noYt3.• commenced the sumtning•tip of the
. evidence ; at-.the time the writer :said he would; 'not say a.word
about insurrection, he strongly recOrilmended them to union,
activity, and co-operation. His Lordship was remarking on the
evidence and tendency;of thelibekwhen, . -•
BnouGHaat said he was ready to addiesii his Lordship
on that-part of the libel err iiiiichhe -Wished to -tale his Lord
• shiv's • • • . • " •
Justice mite.. go to the Jury
for them to form the'Sudgment on it: "
Mr. 1311.411-G 11 A m -objected :tathis; _and begged to be allowed
to hand in an exception,. with a view to a bill of exceptions and.
a future discussion, if necessary, that Part of the libel upon
which no meaning was 'put upon the'Record.:- • '• • k
Mr. }_:vitit,-s- (with .1)1.r.-litiotlGH.pi.),-.—Evcry charge 'in a
Court of Justice_ must be fully stated .on the
.Record. ,

Mr. justice floinoiD.-‘That is matter for an arrersia
judgm en ti•and ot:for argument-at this• period.! , . . •
Mr. thought that it_was nckso. ,
illr. Bit.° u c handed in his etc eption in • wilting.
Jiistiee li otn4i D ‘citntintied~ his tharge to the .Tury.—
The publication was- inhis•cpinion decidtdiy a libel _When
he sold the New Year's. Address he also sold another A
and it did hot appear which of thcrif the
At•the.tiine when the witness purchased thelibet, thc-clefendant
asked. him if he had the " Right Divine of Kings to Goyern
'Wrong ;"-tlii:s was not-evidence in the cause, but lit Shewed.that
he dealt in political tracts-or pamphlets. . It-had beers repeat-
edly laid down as the law, that if a man sold a book. which was
proved to be libelous, he is liable to -the consequences, unless
'he can she* that he has a laWful excuse for."-having
This prosecution is not carried .on .by •the -Attorney-General,
but by an Association of Gentlemen ; by the la* no -combina-
tion of-persons are alloWed.to carry on- proSecutiOns hilt by the
.permission of -a Court.of Justice, or-by the sanction-of the At-.
torn.ey-General. This prosecution was brought before,the Court
through the medium of a Grand Jury.
The Jury *ere in consultation rather- less than two minutes,
when they returned a verdict of " Guilty of the crime laid to
his charge."
Justic.:e HOLROI'D."DO you find the defendant guilty
uportall the countsin the indictment.?-,•. . . •
„The Just .—We find him guilty generally.
'While the • Special Jury were being called, there 'appeared
great'delay,• and sonie- differences between. the Attorneys for
and against the prosecution. Mr. Broughapa observed this,. and
asked the officer, if, in calling over the names, he was.guided
by any priVate list ? lie • said he bad a list of. midi mimes as
• were not to be called.- Mr. Brougham said,, with,great• warmth,
that the Jury should
.again he ballgtted for, and that he would
not stiffer 'a packed jury. of that desCriPtion to try the
-Mr...Sergeant Hum.ocic.-The Attorneys havc•each been •
making objections Jurors, and if his Friend called the Jury.
packed, lie could not give it any othei name than repacked."
. .

•
Mr. :fouls; FJ:nny: a gentleman 70 years of
age, who resided at 3To. 2,:Greville-stfeet,
ton-garden, has 'bee'n Missing. from home s'Ome
days... His frieilds olfered a large`i:eWard for his
recovery, and poSt:m4 bills were widely circulated,
giving a description ofliis person ;" he was found.
drowned on Sunday morning •in the' Reg-ent's
Canal, Paddington. -A, letter" svritteb in short-
hand, with his name and addresi to it, Was Nund
in his pocket. There was a wound on the side
of his head, but whether it was caused from his
falling, or by any person, remains yet unknown.
Mr. TnomAs FraxrAux, the young man who
made an attempt to desti-oy himself by discharg-;-
ing a loaded pistol at his head, is a watch-cap
maker, residing in Northampton-place, Clerken-
well. Ile is still at White Conduit-house ; but
so far from having the left side of his skull car-
ried away, he was yesterday observed walking
arm in arm in the garden, with the young woman
on whose account lie committed the rash act.

The. Surveyor of Mail Coaches from the Ge-
neral Post Office in London, has been for some
days in consultation with' the principal officers of
the Post Office here, 'on various intended ar-
rangements of the mail Coaches to .and from the
south—and throughout Scotland—the general
object being to accelerate the conveyanCe ofJet-
ters, and to increase the comfort and conve-
.nience of travellers. It is proposed, we under-
stand, that the LondOn Mail should. arrive, in
Edinburgh about nine or,ten o'clock ::t. night.—
On Monday a meeting orthe Chamber of Com-
merce was held in the Royal Exchange Coffee-
house here, to consider of .these arrangements,
when it was resolved tomemo
riala to
,the Postmasteri-G.eneral againA a proposed
-delay in the arrival of the North Mail.—(Cale-
dOnian Mercur4i) . •