The Sun.
London, England, 1817-12-22 00:00:00

tciticli inust 'naturally be create p'yod c
tibn.. Indeed lie was. astonished that :any man
could compose such a paper as and after-
. wards state, that lie had any oilier view but that
of 'scoffing at, reviling, and bringing into .con-
tempt, .that of the service which had 1110 been
parodied. from the hooks he saw king ;on
the table, he judged ' tire defendant would
state, as a justification, that Parodies had for-
merly been published on • the sacred writ,
inks—and he was sorry to spy that such was the
fact, But, however many had publishedparodiei
tending to bring into contempt the public 'ante
iliuine vorship of the Church of England--he
they whom they might, or whatsoever were their
merit; an other .subjects—still, so far as their
writings. went to 'cast iidicule on that service,
they ought to be condemned 3S guilty of iA very
great impropriety. Things that were sacred should
only be used for sacred purpose—they should
iteter be adopted or adapted, to ansuer piofatie
ends. The Attorney-General then proceeded to
read extracts from The .4thanasianCreed, and after-
wards corresponding passages front The Sinecicrist's
Creed, in order to prove the closeness oldie I'aroy,-
on the immoral tendency of which he shortly des-
canted.
The same.witnesses for the, prosecution as were
called' on the former days proved the publication
of the pamphlet in question to be by the de-
fendant. .
Mr. ,LAw, in an impressive manner, read ever
the Creed of St. A.thanasius, and then the'parody
on it..

After which the Oefendant applied for true to
prepare himst:lf to make his defence, stating, that
he should be ready in a few minutes.
Lord ELI4NBoRoUGH.—'I The Attorney-Gc-
neral warned you; and admonished you, in the
situation you were placed as to health. I offered
you the induklgence of postponing the trial, but we
really catwo! have dday interposed from time to
time in the courst of the trial. It you shall wish
even now to have it postponed, I
venture to pre,
diet that you will he, suffered to request a delay-of
the trial.; but it must be a request, and unless you:
it the trial must go on. Do you make such
request ?"
The. DEFENDANT.-7'` No ; I make no such
request."

After a pause of some tinte, the defendant rom-
[tepee(' his defence tints
,My Lord, I am
very glad to sce you here to-d;ly, because I itc)
sustained an injury from you yesterday, and an
ininty which I did not expect to sustain. I .do
not know how very Well to measorkl my words.
and yet I know should do so in any th.H.:
have 10 remark 'Ton your Lord,hip's-cooduct ;
but if the proceedings of a solemn trial, like, that
Of yesterday, and this to-day, are to he interrup(-
ed---and I say that, because I think you gave"---
Lord ELLENtsortouGui here inlet ruined the-de-
fendant.—" I cannot hear any observations in
that lVt: V now, on %t hat passed .yesterday. You
gray, make common and or.itily observations,
hot Tcannot sit here to be attecked for the Charge
of yesterday."
The Dk;Ftt,NDAN'T.—(‘ I %I:ill not attack your
Lordship."' ,
Lord ELLENBOIzoUGII.—" But your observa-
tions go to that extent."
'The DEFENDANT said he would not pursue it.
He then Went trusting that the Jury would
this clay receive from the Learned' Jodge a fair
and dispassionate.charge, and if he thought fit .to
give his opinion to the Jury on the publication in
question, lie hoped it would be delivered iu a mild
and moderate maimer. The Jury, and the Jory
alone) %vete his Judges; Lord Ellenborough had
nothing to do on the Bench but to receive the
verdict, which he hoped and felt sure woad be
such a verdict tv those af yesterday and the day
previous. He contended on Mr Fox's Libel MI.
that the Judge was not to give his opinion to the
Jury, on the publication which was called a libel,
and that therefore he had no right to do it.
Lord ELLENBOHOUGU.,--" You are mistatiog
the statute. The, statute says shall deliver his
opinion.'"
Mr. IIoNE, with great warmth, desired that he
Might not be interrupted. His Lordship Yester-
day set out with saying he woold not give further
interruption, and yet he did to the extent of no
less than ten or eleven times. The deltndanr
then pursued the same course he did yesterday, in
refering seriatim to the.latge collection of parodies
which had already been-read On tile two previous
trials. lie sate) that he was not the fit st printer
of IFilkes's Catechism. The Litany was also a re-
pi int,. As to/the law of libel, it reminded him of
the act of the tyrant of Syracuse, who inscribed
his laws,in letters so small, and on places so high,
that the people could not, by possibility, read
them, and yet he sacrificed them for disobedience;
such was what was called the Law. of Libel ;
it was written nn, the pasing cloud, and the
spectator could hardly see its fleeting vapour. lie
then made a variety of allusions to the applica-
tions of his ft lends in the-outset of these cases,
as to employmept of Counsel in his defence, Nut
they all resolved themselves into this, that no man
was to be had sufficient courage to Withstand
Illy Lord Ellenbotough, and that if any one dared
to do so, he would lose what is called tilt ear of
the Court,
•
Tile ATTORNEY-GENFEIL---" My Lord,. this is
an att,%ck on the whole Bar."
LOid ELLE'NIioItOUGH.--" It is, and a most im-
proper One : you see how lie attacked we, hut
Lthink the bettercourse is to let the thing blow
over its."
Mr. HONE resumed, and alluded to the extra-
ordinary chcomstance of Mr. IVilliams of Portsea
suffering judgment t 6 go by default. The wan
was
.%t'liat was called a loyal man, and was per-
haps advised, from a certain quarter, to do what
Ire did.
The ATToENEY-GENERAL.—"If it be insintt-
ate() that he had such advice from we, either di-
rectly or indirectly, tile insinuation is wholly
false "

Tile DEFfiNDANT proceeded—he referred to the
law of Mid, and again cautioned the Jury that
to find bits guilty, they 'mist be convinced he
had the intention imputed to hint in the infor-
mation; an intention which he most solemnly
denied. fie then noticed the ,several parodies,
which he quoted on the two preceding days ;'
some of these parodists were still living, and

if he ‘1•;,;s h
they; the ortiey- Genet al was guilty Of
great. neglect of his duty if he did "lot bring
pei ;us bclore his Lordship and a inrY.
delenclaiit Then pthceeded
iiOns parodies on the Aahauasian • Creed,. and
to pro've that wolks containing leflections
tending to bring them into ridiCule,
' had been published and pa.,sed over, and' even
publisbed by anthority. Ile read passages front
Colley (.2i4ber' s comedy of the Hy pocrite, and front
FOot's farce Of-the Mitt or, ridieuliug•the late Rev.
Whitfield anti othe,rs. lle then proceCded to
read die alleged libel, paragraph by paragraph, anti
commented ott it as he proceeded, . contending,
that,it must be apparent to every one, that it was
'intended as a political roitiposition, the object of
hich was to raise a .1311gli .against certain hull-.
vidnals,anit not to I itlicnie, or bring the Athanasi.an.
Creed into contenirt, If the Jury should come
to that opinion, as he was peNitaded they iniio;
then they must acquit him.-11e coacluded by
observing, that this was his last I:hroW. The
two fot,ner Juries had enabled him to nin twice,
and he trusted the verdict of the Jury this night
would he his trump, and enable him•to win a third
time. With respect to the Athanasian Creed, it
'had been said by many learned men that this was
not Athanasius's Creed, hitt that it tiifts itself a
parody ; and Archbishop Tillotson, on one occa- •
shin, " 1 wi.411 we were well rid of.
it ;" and, in recent days, upwards of 200 Clergy-
men met, and solieited the 'late Dr. Portens,
Bishop of London, to take some steps to pat an
end to the obligations at present. imposed on diet»
to read it. Even his Lordship's father, the Bishop
of "Cirlisle, he believed, took a sfinilar view of this
Creed.
Lord ELLENBOROUGII.—" I do not know what
his opinion was on this point ; you, perhaps,
might have had better opportunities of knowing
his belief. Whatever. that opinion was, be is gone,'
many years .ago, where he bas had to account for
hiS belief and his:opinions."
Mr. llosa Was, about to make snrne partiCular
reference to the Bishcip of Catlisle's opinions,
when . •

'Lord ELLENBOROUGH interrupted him, and said,
" for common delicacy forbear.''
Mr. LioNE.—" o,.my Lord, I shall most cer-
tainly."
The Defendant concluded a speech of. upwards
of eight hours; by declaring in what he had urged
to-day he hail intended no ot-r,uce'oi disrt:spcet to
. bis Lordship, or any other indftidual, anti t brow-
jug himself entirely on the candour and justice of
the Jury, lie said he would ooly (AI one witness.
Mr. Thomas Cleary proved that fine, on
Friday the 21st of lisehroary, stilted to hi," .4is
discontinuance of giving publicity to the parodies;
observing, that they were spoken of in the Re-
ports 4.1m;1i ilouSes of Parliament. re-
!Parked to ltitn, " Hotie, I thiiiik you ate a fool
for so doing, as I. do not believe that ti;ey ;Lre
either libellOils or blAsphemoos,. except to
borough-mongers ; tint! if you discontinue them,
it n ili he an admisSioa of guilt nirrre there really
exisjed-none.'!
Lord ELLENrsoaot,,Gtf said, that (here was
deuce o~► the pre,imis ttiAls'of. the suopiessiio. of
the pilhlkat ion. This etitrence his Lord,hip
read.

The ATTnRNEY-c)IENF.IIAt. l'o.se to reply. Be
fore' be. called -the ark:olio:1 of the' .boy to the
teal question which they, had to try, t bleb was
the Burrow fact—whether or not this poblieft.
lion as a libel, he begged to make, one obser-
vation on the complaint which the dete!id•int
had made, that tl:e three charges against him
,should base, thus been separately hrought fOrwatd,
_insteid of being put into one .common clnage•
This he (the Attorney-General) 'could not
done consistently with the' law of the land; tor
Mr, Justice Buller had laid down that, if more
limn one charge were included in a single infor-
matinn, he• should feel it his duty to call on the
prosecutor to select one, and one only, and reject
the others as nntennble upon' that intormatimp,.
Het e a considerable noise was beard in the hall,
and shortly after Mr. WOntner, the Marshal, en-
tered t'lCe Court, having a gentkman in custody.
The Marshal stated, that on the steps leading out
of the hall, this gentleman bad been • for some

time dispnting the power of the oflieers to keep
from) passing tip to crowd into the Coml.
He had also dispnred the authority of his Lord-
ship to give the officers any such:power. The
gentleman in custody denied that he bail called in
question his Lordship's antliorky; he had only
objected to the rough course taken by the ofL-
.cers.

Lord 17LLENISOROUG11.-" Keep bitn 1D col-,
toffy, anti bring him before me at the end of the
trial." •

The ATTOIINEY-GENFRAL resumed, and lament-
ed that, in this metropolis, any attempt should be
made to distal b the proceedings of the highest
Criminal Court in the kingdom. The Learned
Gentleman then entor_eed, with coniidt rabic
energy, the Variolis arguments which he had used
on the preceding days, to sites that the great
number of the parodies quoted by the defendant,
even if their ohvions tendency was (which was
not the case) to h into contempt and tidi,cule
the tenets of the Chritian faith, could not be ad-
duced as fcrniing any ground of excuse for the
publication with which he stood eh,rged. It was
impossible to look at this publication, particularly
at the two last paragraphs of it, t: ithout being
satisfied of its tendency to turn into ridicule some
of the sacred parts of Christian belief. ", But,
stud, illy, Hone, " I did not intend it to hare
this effect," His intentions couid only be taken
by the acts, and for these he must be aus Vera
for instance, there was a case on the hooks, that
if a man threw a beam trout the top of the house
and killed a passenger, he is guilty of mkt der, V"
though he never ineant it to have this effect ; Init
werely in wantonness threw it to the ground,
The Learned Co,nsel concluded, by making au
eloquent appeal to the. Jury to protect. the sat:red
character of the Christian lleligion, and yeeure
the perpetuity of its rites.

Lowe! ELLENFIOROUGH' then charged the Jury.
Ile luny cOneurred in the.law of its kid
down by.the Attorney-General. The Defendant
scented under a delusion, when he supposed that
parodies were exempted from proticeution for
libel., lie was wrong in that ; for there had been

14

•
seVerai Ortisentions-ftfro ences•com,nitte
shape;. .fhe 'defendant WaS., Also eirnr itV';
tie asstinied ilf;rt there was nti law Of Lbbl lotqPi
to-the Constitution: On cintiraiy, it woo:;
ancient s!:,,,diug-,.; tutu called Ali'
Biil was merely lnriatory ofihis and•Ler,i
.iative of the Mode of trial. The Bill renito,
what teas do doubt a grievance, namely,
• power of the Jnry heiir 'restricted to tfic
tact of the publication. In vain would 'Air..1.140:
defend his act by a tete' cnce to the comnii,siii'.l
of other offences by tither men ; it teas A perSeti
'slim of Understanding to say ad unpunislte,';
crime became, stripped-Of the essence of its
indov, and, became a precedent.fur other ofieuc',
Thetiefendant liad-alliaed to what he caT.-dtliestilli
serviette!, oftla! Wit'. He was riglVt in snppOsingth'i
•no Getilleibait at the Da; Would have putt 0.01
the rout se he had t4ril _and libellec4 4"`
calumniated the enacted ploviireas of the
But the Jury iv& rift to take .tt;e Calumnies tl1,1!
day uttered by the man as against him into the,'
present consideration; these niust stand by tnetii;
selves. The Learned Judge cOneltufed
_by girOi•
it as his solemn opinion, that theiniblication°
the Defendant was a profane and hupiiiiis
At twenty minutes after eight o'clock the Jun
retired,to cotiatter their verdict.
The Oentlernan Was faked tif to custody 14
the Marshal, was ihen brought into Court.. 146
said tii.4t his Dame Was Air. George Wetheralll
l'he 'Marshal stated, that Gentleman
out biS right to enter the Cbtit t,• and resisted ti";
rauthority crf the officers, who Interposed to
vent hint. In _constlinence of lime ;disturbanc:
which lie created, time Mar!,bal thought it prop'
to bring huff' before his Lord Ship.
John Barnbey rebel Ito ee other constables
borated
,the Marshal's evidence ; .and Kurnbef
sate!, that the inisoner pushed him (1444,,u,
with some-other persons, then waited. over him',
Mr. Wet befall denied that be had a.saolti;!"
the constables.; fle sai4- he Was a Gentleman'
and, not engaged in any profession or irusines''
He had . been educated-five years ago iu Trioil?
College, Cambridge, and was •• since in the We's
Indies, from, w filch he had just returned. ltu
admitted that he had asserted his right to enter
CoUrt of Justice, but denied that her had accoird.

I►ar►ied this assertion with at►y violence tC:warll4
the Marshal or the constable, rxcel►t the natqrkil.
resistance which any man WOO d Intl ke at hciti
ronghly handled, and taken into custody for 11‘'
o fie n ce

Mr. Marsh, and another Gentleman deposeOr
that 111 r. Wetherall used no violence, and that the
constable who stated he was knocked down ad,
assaulted, twist have heti' pushed (*lawn by ti►e
pressure of the crowd, and the confusion %%filch
took Place When the Gentleman was taken
custody.
The eons6bles being aga:n called, swore post'
tively that Air. IVetherall pushed down BurnbeY'
Lod ELLENBOROUGH {amen:JAl Chit a Gefatle
11131, nt etlut atic>n shah have been guilty of
set lulls an ,dretice fis that ;If in(errupting Jr°
in the dis Charge of their duty, and,
of such a duty as preserving °tact kind decorum
in,; the proceedings of a Court of Jus!ice. lic

therefore uuder the tweessity-of sentencing, hi.('►
to pay a fide or' W. ~feel to be kept :u custody (di
the %v;,, pAid.
At twelve minutes 'before nine o'clock,
Jury returned into (;[dirt, and i:runoaaced aver'
d;ct of—iVot
This verdict was received with loud shouts tat
Conrt, whieh'w ere re-relined for several ininatO
in the.ll4. Thv Judge., the Sheriffs, and con'
stables, in vain tried to sPence the noise.,
Lnrd then infothied the Attor-
ney-General, that the nature of the public bust-
ness, and also some consideration for his mint
health,.reepiired that the other causes of a gclis:*
r,ll itatitre on the list should he put in a course pf
hearing". AYr. Jus:ice Abbott, he said, world,' sir:
for that purpose n Monday next ; and he would
reslime his sittings on Tuesday end Wetlntsdiry.
Let the other cases for libel stand over for th,'
present, and the parties remain at large on their'
ownrecogoizances.

Tie.parties alluded to.are Mr. Carlisle, again-it
tIIIOM there are *lour infortnations, and Mr.
Wooler, who is to be tried again for the imputed
libel on which he has been, already.befoie tioo
Court of King's Bench. „

The celebrated Madame de KRUDENER,.(III 11er
way to Russia, has been stopped at Arnstat, iu
the Dudhy'ilf Gotha, on account of some inforina•
lity in hcr passports.
MANSLAUGHTER—Saturday last Samuel Brown.
who :vas lately brought front Dartmouth prison,
charged with killing a man named ---,- Pearce.
in the Island of Labradore, at Newfoundlan 4.
whit a hat poon, in a sctifile, was taken front
lot hilltiehis Bridewall, and underwent an exami-
nation before Lord SIDMOU7II, the Lord Chief
Baron, the Vice-Chancellor,-and Sir N:CoNANT,,
at the Secret.nry of `State's Office for the ifounf.,
Department ; after which lie was fully .comoiit-
red for trial, at the next Admiralty Sessions, on
a charge of tnanslaughter.
SINGL/LAII PREVENTION; OF A ROBEERY.-.-Thf
-dwelling-liGuse Alr. Sett!thorp, at Stock Well,
lots several attempted by robbers. Gays
fM Scult ho up's servants obser% ing that the•nfotts
of the thiett:S were generally directed to a firth
whitlow, the situation of ‘ellich 'appearet? to'af-
foid the readiest means of entrance, placed a
nuinber of glass bottles iii such a maniter that
they would ineritably fall if ary person,,shott4l
attempt to ehter in at that 'window'. 9u Thurt.,•
tiny night the house was again beset, The br,tll,;
lcll with a tientendons crash upon a brick door,
the servants tv,!re alai wed, a;td on looking omit
the v.,ittdow, siOv firm. :,lett Jointing with greaf.
swiftness 'along the road from Mr. SClitdlo4p.).
house. ' Several I,:ine,; of 'gloss weft,

1)1P.11.'
()11 the tOth instant, ;:t Ch'eltenha.:n,
Sophia- I.voisl Gonmi, only (laughter of the late
notl ,i,ter of Lien,:cnittst-(;ulunel
K.. WI: COWS, reed 11l 4,llolii:s*
On 1,,t, the Il.cyciend 11. VI. Ccnilthur,f,. 1). 11.
V!car of I :;I;ifax for '27 y.:(7ar,,' ),,lagit rate for th:e
fut inert y Fellow anclTllt ,r of Shl•
('ainbri!l;ie.

ON Prlolt (1 CARI'AIRA,-,if No, l;reit
Ormond-street. Queini-4;inare; :and poblistwd hv lt
SCRIPPS, of No. 7, S,mth Niolton.:;tr,,rt, at T!'lE
(Mice, 11.'2, Strand ; where Advelti,eniors,
Litters, -(hest-paid) west be addressed.