The Sun.
London, England, 1810-07-21 00:00:00

STOCKBRIDGE, jULY 13.

• FarDAy.
Sweepstakes of logs. each, for .3 yrs Olds., 7st. Ob. and 4 yrs
Mk!, Sst. 9W. winners in iSro carrying 31b. extra. The last
Mile and d half. (14 Subscribers.)
• 1)-1. r
ti i,Ly's ul. c: yaptai, by ..TrurnpAtor, 4 yrs old
lT bi:44's ch. c. by Gohanna, 3yrs old . - 2
•r. Craven's ch. t. iannette,3 yrs old r 3
fiaffumien's ch. r. Barbara, 3y rs old 4
; H. Li •piricotr's br. t. Viscountess, 4 yrs old
Ashmole's b., c. I•,Cnavery, 4 yrs
'rb Collet:4 t. Ass Manager, 3 yrs,old - - - 7
MAiden Plate ...)f 501. given by the Members for the
13,01ough 3yr ultis, 6St 316.; 4yr Oki., fist. 31b.; 5 y
.131."6, Ssr, :..31o.; 6 yr °ids, • 9st. ilb.r and at;ed, gst. 71b.;
Irtares anti geldings allowed 31b. four•rnsie heats.
bouglali;s h. c Rum Pick, -; yrs old
Sir H. I.lppn.cutes.b, h. Hymen,s yrsold
13e,1-hhistanville's ch. c. Sack, 4 yrs old

3 z I
5
5 3 2

CATALAN[ ha.'4oo giiin&:3s for performing three
aYs at the AncientMeetiug at Salisbury.
l
these thys of -failure 'among the Bankers, her
itio()l.es are no; only as negociable as #-..ver, but sewn
ni value.
,T.,WIiSS DUNCAN, is playing at 'the
.South Shields
eatre, where sue will be j..ined on Saturday by
\p". ENT RY ; from thence they will proceed to the
l'orth Shields Theatre, where Mr.' EMERY is en-
g'ed for one night, and Miss Duscsr for three.
OttstrAvits, it seems, injured himself by an extra-
`Thdinary Tring on Tuesday night, and ,has not im-
14,6bably experienced the fate of L'Anoliza.
•st:lt is said that the Stage- Coachmen are about to in-
ILitno a' fund to indemnity those of their fraternity
z`) rn incur the penalties of the latdA6l. Such
r)- ."rablishreent would stew a predeterinniation to
['plate the law that -Would deserve something more,
t
'an the infliction of the penalties.
As ,t'e Sicts,--Coachmen, by profession, are said to
,
, a Benefit Club in contemplation, the design
serve for a hint tt. the .Four-in-hand intruders
11?(-)11 their province, to loonda similar institution
the period when they 'can no longer grease
'leir wheels.
t .s(t'sterday morning as a young horse, belonging
Mr. Hancuel, of Carringt6n Mews, May Fair,
Passing . through Charles-street, Grosvenor-
' (.:Juar,,,,,in a carriege used for breaking in horses,.the.
".axle-tree and the driver was thrown from
' .orte,
„,, ,
';uuk, but not " serioasly 'hurt ;'the horse kicked
Plunged, ,and the carriage coming' in' contact
• a post and lamp iron, the horse kicked with so
roarhe was'itnmediately cm. Mr. Hancock only
Purchased him on Thursday, and paid the high price
1): one hundred guineas. •
4- 'no»t iernarkatile phenomenon presented itself
n Monday afternoon, about three o'clock, atßams.
();te ; during,a squall of thunder and rain, a stream
Water apparently seven or eight feet in diameter,
as observed to asde from a wry heavy black cloud
ih the. east; :which'after taking a horizontal direc-
°tl towards the south, for about halt a mile, sudden-
-4 fell into the sea, a very distance from the
with a ,rushing- noise, agitating the wager all
b`h4id in a' most extraordioaly manner, and- re-
Qu„nding again to the height of several yards. '
rersons who are anxious to obtain any particular
711Q1bers,in the present Lottery should make inane-
Ailate application, otherwise it is more than probable,
lklat the Numbers We), want will be issued from
,q_el3ault, as the demand for Tickets and Shares, is
'ally increasing.
4)14 man, named Hanshury, who 'had served as
1(,:t-boy at the inns in Castlebar, Ireland, lately
.11.,„k a quart of whiskey in a single diaught for the
fv"illg wager of a crown. He retained his facultics
ter._ abont• half an hour after the horrid excess had
Icoininitted but during that tune and to the ,
Oa,: flt of his death, which followed early the next
was to:ally insensible to the great enormity, of
beast ly offence.
41.44 e, Gentleman of the name of Satcher, who re-
-4)(1 bi .at Kensington., was stopped by two footpads,
,14 road from Chertsey to Windsor, on 'Wednes-
thy;,tlight, with his" daughter, in a single-horse
and robbed of ten 11. notes,,and some silver,
(b.l9l's a
his wtch. The thieveg were armed, and
"V wade off tol%iarb Ascoi-heath.

LAW

,COURT OF KING'S BENCH, Ityci O.

THE KING V. GALE JONES.

tin consequence of the.eatly hour at which we are obliged
to go to pr\r.ss, we could only yesterday publish an outline of
this interesting Trial ; we therefore think it necessary to lay.
it before our Readers in detail.l

Me. ABBOTT opened 'the case, by stating that this
was an indittment against the defendant, charging
him with writing and publithing certain libels on
Lord dastlefreagh, to which he had 14eaded not
•
guilty.

The ATTORNEY-GENERAL then detailed the case
for the ,prosecution. He began by. reading the
letter ,of Peter Finnerty, which appeared in the
Morning Clzronicle of the 23d January last, where-
in kionerty accuSrs Lord Castlereagh of. i,suing an
order- presenting his accompanying the' Waicheren
Expedition, helm vindictive and personal motives,
and traces a persecuting spirit in his Lordship against,
him (Finnerty) up to certain proceedings in Ireland
in the year 1797, relative to Will;am Oar, assuming
that the execution of Orr was in truth no other
than a legal murder, committed by Lord Castlereagh
in his. Administration of the Goverivitent of Ireland,
and after readi6g the letter, the' Leaf lied Counsel
stated. that Finnerty had been prosecuted tor the libel
therein contained, and after having pleaded not guil-
ty, had yesterday withdrawn his plea and Rittered
judgment against him to go by default.
The Learned Coun,el then went.on to-state the
three libels published. by the defendant, which were
as follow

Mr. FINNERTY and Lord C A sTLER GH,. —British Forum,
No. 33, Bedford-street, Covent-Garden, Monday, Jan. 29,
18zo.

QUESTION.-" Ought my Lord Castlereagh's coridud to-
ward 4 Mr. Finnerty ; during the late E x peril tion, to %V alcheren,
to, be approved as a Salutary measure of precaution, to pre-
serve order and discipline atnortA his Majesty's tOrces, or re_
probated a . a flagrant inliingeMent npon the liberty ut a Uri:.
its!' subject, and a cowardly at of oppression against an innol
cent individal ?

"The statement—of Mr. Finnerty's treatment by Lord
Castlereagh, as it appeared in 'the Morning Chronicle of
Tuesday the 5..5d instant; has been 'read with the most lively
emotions, and has excited universal astonishment and alarm.
fi Mr. Finnerty has appealed
.to the good sense, liberality,
.I and justice' of the British 'Nation, to give their' decided
opinion on the subjed solar as, thell ritish Forum can 'lend
its, aid, towards. collecting and proclaiming that opnion,
'1 neither his appeal nor that of, any other p‘ersccuted or de-
fencetess individual, shall ever be made is vain lithe gentle
Lord Castlereagh can muster sufficient confidence to yen'
tune into a public assembly of free and independent English-
men, he may rest assured' that lie shall have fair play., There
is-nothing for which the Managers of OIL, litstiiution more
ardently long, than an opportunity of Meeting rsis L.,rdSlitp
and his adherents face to face, and heariii them, vindicate
their character and' ConduCt before an outraged and insulted
country."
.Adjourned Debate—Trial of Lord CarrLeasacti
Forum, No. 33, Bedford-street, Covent•garden, Monday,
Feb. 5, able.
Qu ESTIoN.— Ought my Lord-Castlereagh's condud to-
warns Mr. Finnerty, during the late Expedition to Walche-
rcii, to !-i'e ..iiptoved as a salutary measure of precaution to
preserve order and disetpline among' nis Majesty's rinces' or
reprobated as a tlagr ti. ittfringerrient upon the liberty of aßri-
fish subjeet, and cowardly act of oppression against an in.
I nocent tudividual r
Last Monday, notwithstanding the mean and malignant
atteini, ts to btitic the discussion of the present important'
; question, by tearing do .• is and defacirg.t he Dills, a crowded
I assembly (=mink whom were several Neblernen-and Mem-,
bees ut t e House oh Commons) attended, and after a very
iateresting debate, the opener was about to reply, when a
Gei tleinast. intimately and pesonall.; concerned, entered the
room, ann tidying pliatggd funiself to 4ttend on the next even-
; ink, and either open the debate or !also a p r. in the discus-.
sion, the question was, wait toe'conseut ,• a large majority,
adjourned Several important ostraorditutry disclosures
will be niggle in time course of the eviatucg, and Lord 'Castle-
. reagii, or ius eunerents, are perem,,•orily surninoned to at-
tend, art i prcverit, if possible, has citaracter from being con-.
signed to everlasting infamy .anti disgrace. The statement
respecting the execution of William Uri, in Ireland, Under
the administration or the Noble Lout, although incontestible
evidence 'was laid before him, pioving his innocence, was read
from Mr. Finnerty's letter, and excited in the audience visi-
ble emotions of horror and disgust. Early attendance.is ear-
nestly requested. It being an adjourned question, any Gen-
tlernan will be at liberty to resume the debate.
" Last-Monday, after. two evenings discuSsion, a croWded
assembly unanimously decided, that " Lord Castlereagh's'
conduct towards Mr. Finnerty, ought to be reprobated, as a
flagrant infringement upon a British subject, and a Cowardly
act of oppression against an innocent individual."
' " In -consequence of Mr. Finnerty being detained at the
House of Cthrnons, lie was unable to attend until late in.
the evening, when, to-the universal satistadion of a most
respettableauciience, he eatered the room, and delivered a
I most animated statement of the proceedings at lValcheren,
and the colidud of Lord Castlereagh. It is unnecessary to
add, that Mr. Finnerty experienced theinost flattering and
unequivocal proofs or public approbation, while, on the eon-
' t rary , nut a band 'w4, teld up in kis Lordship's defence.
" Thus has been furnished a memorable and striking in-
stance of the folly and inutility at attempting, at least in this
country, to' oppress and bear ,down an innocent individual ! •
By this dicus.ion, virtue and independence have received their •
'just and adequate reward, while pride add arrogance have
been humbled to the dust The Managers .enjov„a hearttelr
,satistadion in thus announcing the decision, and`feel consci-•
:oils that they. have done their duty." •

The ATTORNEY-GENERAL then commented upon
the libellous tendency of these publications, in the
course of which he said necessary for
me to state to you,' 'that, although these acts are
imputed to Lord-Castlereagh, the order for removing
Mr. Finnerty from Walcheren did. not originate with
Lord Castlereagh, but with others. Lord Castle-
reagh had no*knowledge of the fact until e heard
of it at Deal, and after a -report was made that the
order had been ineffectual; and that Mr., Fin-
nerty had been landed at Walcheren, be then (as
was his duty to do) sent a similar order to Lord
Chatham. .Gentlemen, with respeeit to all the pro-
ceedings which are stated to have taken place in lie:.
land, they took,place in the year 1797, before Lord
Castlereagh was Secretary of State they took place
under Lord Pelham. Whatever passed upon the sub-
ject of Mr. Orr, paSsed between my Lord. Pelham and
the then Lord Lieut. of Ireland, Lord Camden, with
Which Lord Castlereagh had nothing to do. It is but
justice, however, to the Government of Ireland,,to
siate,that no case ever underwent and moteseri o us and
at ten tive consideration than that of Mr.W. Orr, and so
far from being true was it, that the recommendation
to mercy was supported by Lord Yelverton, who tt ied
it ; that when Lord Yerverton passed sentence upon
Mr. Orr, he cantiontd him against entertaining any
hopes of a mitigation of that sentence; and when the
case was referred•to Lord Yelverton, as such cases' al-
wAys are, by the Government of this orthat country,
where an application is made for mercy, LordYelver-
ton stated himself to be perfectly satisfied with the
verdict, and fully convinced of the prisoner's guilt, and
upon that report'of Lord Yelverton the prisoner was
executed. I state this, Gentlemen, from a reference
I have had, to authoritative public documents, and,
therefore,' I know it to be true." Attorney-
General concluded by saying, that Lord Castlereagh
was iii attendance to obey the call of the clefendaat.
WitneSses were then. called to prove the case for
4te'prosecution, after which

Mr, JONES addressettthe Jury on the part the
defendant, That the Jury, might not entertain any
idea that he felt a particular Affection or was other-
wise interested in any uncommon degree for the
defendant,' he thought it but praper to state, that
he did not stand towards the defendant in the re-
lation of a brother or of any other near connedion.
The defendant belonged' to Middlesex, he (the
Learned Codnsel)" was a native of Carmartherashite,
in Wales. The Defendant however, he knew to
be a mazeof virtue, and every man of that descrip-
tion he should al way; be' pi-ond td reckon as his
brother. 'lt was only last night that the Del( ndant
- had come to him, and requested of hini to under-
take his defence to-day. He felt extremely embir-
raSsed how to proceed. The defendant he knew to
he a:man of extraordinary abilities in the public line
in which he aded, and he knew him- also to be
adorned with every domestic and pri, ate virtue,
• though not possessed of fortitude enough to with-,
stand the attacks of the designing. It was, there=
fore, with extreme reludance that with his slender ,
abilities; and still more slender praOice; he under-
took the defence of such .a man.---a When the de-
fendant called on tl-e Learned Counsel he informed
him that he had been advised eo
,withdraw his plea,-
- The Learned Counsel asked the defendant if he felt
conscious of guilt ? He told him he did not, and the
Learned Council advised him, that mil) such a feel-
ing it would be improper in him to plead guilty. If '
there Was.any error in this he hoped it might be at-
tributed, as it justly ought-, to him, and not to his
clent.. The British Forum wee a place where-sub-
jeiSts were to be discussed, nut one , where error or
improper conduct was attributed to any man without
a fair discussioo, how, ter it • might be so attributed
with justice. Lord Castlereagh', therefore, in hav-
ing his condo& sunjeded to examination or discus-
sion at the British Ferum,' was not more exposed
to censure than he might have, been entitled. to
praise and approleatiop. It was not any thing in
• the condo& of Lord Castlereagh,_ which, in the
lahguage of the advertisement, was said to have oc-
cisidned " astonishment and alarm ;" it wag the
statement of Mr. Eneerty, which was clearly Meant
to have excited .these feelings: It • was said that
this debate at -the British Forum was something
like a trial pt Lord Castlereagh. • To -this he could
not agree -5 At.was,. indeed, a trial ofskill in ,argu-
ment, and at such schools, he could strew, if ne-
cessari,. that some of tt,e first men of tin: age had
received, the rudiments of that education which ,had
concluded thendb their inture erectness. It there
had been an Attorney-General. appointed to prose-
cute, and a person' also named to condUCt the de-
fence, that .might, be .said to be. a trial, hut' here
there was• no such thing. It
.was alsO complained
that' the. people were here said. to
.have been out-
raged- and insulted. Lord Castlereagh, it was to he ele.
served, was not the most fortunate man in the woe Id,
as to , public opinion. If. the defendant had been
obYiged to. sell seats in his Forum at one shilling a.
pre6e; -p*-tice, hich- the Attorney-yeueral
seemed not to think strictly hononrabiee some re-
ports as to the selling oi `seats of a different descrip-,
Lion had 'unfortunately got afloat, .not highly cre-
elitatle to Lord Castlereagh. That the pubhi might,.
in this sense, be said to:have their feelings outraged
and insulted, he presumed to think, could not be
supposekiailying the matter too far, ,4t. the-tiine
• the defeinfaereeiasued ttie pleconiti in. question, he
was suffering as a prisoner within the four wails of
his room in Newgate. f.;>rd Cdsalereagh- had
resigned hiS seat as a Cabinet Minister, and the unfer-
tunate defendant had been obliged to resigtehis rpm-
mane! as head of the debates at the British Forum.
Wonld it not,. therefore,. in such circumstances,
have been more Magnanimous in Lord Castlereagh
to have overlooked the present attack, and , not to
have. offered the kick
.cf an ,outraged ass against
the head' of an expiring- lion'? The two parties, Mr.
Finnerty add Lord Casqereagh; seemed 'to have
old quarrels to adjust. Why did they, riot go to
their Own country to settle them ? or, why did they
not go, not as enemies, but as friends, to Watcheren,
where, fike Don Quixotic and Sancho Pancha, they
would, instead of windmills, have had to encounter
plague, peStilence, and famin'e ? - The nature of
libels had been very differently conceived at different
times, and in many instances the darkness of the
libel,' and the difficulty of discovering the author,
was esteemed to be the 'aggravated part of the of • Here, however, there was nothing dark or
difficult to' find out. As to the British Forum, the
Attorney General had not treated it with unbecom-
ing severity, and therefore he should say nothing
about it.' He begged leave, however; to repeat a
fewewords which.tiad been remarked to him, while
at 'the University 'of-Keil, in Holstein, in the-North
Of Germany. His Learned Friend, Professor. Oliva-
rius, had on one occasion asked him what he thought
was the grand cause why in Great Britain liberty
flourished in so much greater perfection than in any
other part of the world ? He answered, "
In con-
sequence of the liberty of the press." This the Pro-
fessor denied, instancing the immense stamps with-
which theproduelions flowing frOm the press were,
loaded, as .a great drawback on the, bleSsings which
tt was 'calculated to produce; together with the pe-
nalties which occasionally occer. He then men-
tioned' Debating Societies as being the cause of this
superior degree of liberty; to which the Professor as-
sented, deelarinelhat it was to this little Parliament,
established, as it were, in the house of eve, y Eng-
lishman; that we principally owed our abet ties, and
that so long as that system existed ire Great Britain,
its liberties must, always remain secure. He con-
jured the Gentlemen of the Jury to weigh well their
verdid. AccordiOe as they judged would they be
judged by the Judge of all inen. The person who
had been silty of the original and only libel ou
Lord Castleteagh had pleaded guilty; the present
defendant 'was conscious of no guilt-41e entreated,
therefore, ;that the Jury would not sutler the guilt
of him, who had acknowledged his crime; to fall
on the defendant, who was unconscious of any
offence.

Lord ELLENIicIROUGH. Gentlernen of the
Jury—This is an 'lndlclment against the defendant,
John' Gale, Jones, and it charges, that before the
time of 'the printing a certain libel, :Lord Castle-.
reagh had been one of the principal Secretaries Of
State of his Majesty; and, Gentlemen, there is an•
other allegation, that there had been, on the 23d of
January, a scandalous and seditious libel, in the form
of &letter, concerning Lot d Castlereagh, published
in a certain Newspaper called 7 he-Moraiiig ,Chro=
nick. That allegation involveS, first of all, thGt

t • and next the coestruaion ;. first, the faet, that there
,was such a letter published in the paper. That hap
been proved by the Printer of 'the paper, who. proe
duces a paper, which he statea-te h ive been pub-
: fished on that day; containieg a lent!. sigcea P.
Finnerty. Teen has that letter the-quality a sexed
to it. It is alleged to be a scandalous and tual;:ions
libel'. That certainly is a material allegation. The
whole scope of that which has been read in deeiii to
you from The :Limning Chronicle does impute 16
Lord Castlereagh the purpose of persecutiug and op-,
pressing'iles mare; sulmning it up ia the last para.
, graph, i hat -he had made use of his Ministerial
; • power, to g !at ity ejechce, to invite the pers:•cution
of his peison,and to frx an impufatibn neon his Cie:.
railer, and the '.t.hole (if thestatement whieh.is con-
tallied in the letter, goes to maintain that, which 41,
the smut-Meg- up or the libel is statA to be the in
tive for Castiereagh's concluel. Geotletnen;
there certainly can bienothing to ore.libelloiis, than
1 to iniptite•to a man au a high public Office a grocti '
abuse of .his public :unctions; to degrade and injure
I aft individuel. The question, therefore, neon' this
e.part of the case beieg, whether thisletter has pro-
perle applied to it the description of a scandalous and
• i malicious linel, the description is mainenned by ,d-;
vesting to. the terms of the letter itself. But that
'1 is merely a preliininlry step, for it is licit the publieaa
tion of this libel for which the defeelanteindieted
but he has adverted to it in the three ;i, tor
which immediately he is questiened, fuel it s to
Those papers and the contents of them thai you+ at-
Itention is to be particularly !:a vein inaSinuce as it
is iu respect orthetn only (reterence being made to
other matters merely for expianationY that he seendi
before you to-day.
The publ'eetieos in question are three in ttntri.`•
ber ; the '9 tiehi whether they are of a IR:whet's
nature, and 'weedier that description which is ap-
plied tothem• by tills indictment is justly applicable
to them. I will read then) and comment upon thein
as I read them. The first begins thus, Otee,ht my
Lord Castleteagh's conduct towards Fionerty
during the late expedition to Walcheren to be ap-
. proved as.a salutary measure of precaution, to pre-
serve order and, discipline among his Majesty 44
fevers, or reprobated as a flagrant iiifringement
; upon the liberty of a' British 'subject, and a coward-
; 11' act of oppression against an -innocent
Now, Gentlemen, is it co be borne in a country
where people eny estimation of character, that
it shall be allowed to any man to put iu thiS alter-
native mode a question tor the discussion of all man-
kind,, whether a man lias been guilty of a base aird
cowardly act of oppression, whether.he has not been
guilt)' or an eretrusous crime, and to have that mat-
ter made the subject of d, bate by all persons who
may cheose to pay one shilengao come w Writ' the
precineis of the pace of'assembly where tlUs is the
appeined mat ter bt debate ? Is is not c,altimeious
to any individual to.i.ave his name held out to the
public as that of a person *respecting whom, it may
fairly be doubted -whether he has not been guilty' of
a cowardly set of oppression ? Put it to your own
'breasts; Gentlemen,' and make it your own case ;
suppese a man-to pick up an anecdote of your pri-
'vale concluet, any thing respeCting your conduct iri•
social life, and that he shoula publish itas a question
whether in a particular circuinstence of your life you
had been guilty of a base disregard of 'your duty to
wife, to child, to friend, or any other per Son, and
should make that. a matter of discussion for all the
assembled careless people who' might chooSe to re-
sort together for the purpose either of fielding or of '
bearing that discussion—can any thing heconsider-
ed as more calumnious, more clesiruelit e of the peace
of mind of the individual so held out, more mis-
chievous to the public, or more irritating to the feel-
ings of the individual so held up ? Taking only in'
lirnine the first paragraph, I feel mystlf,•in the so-
lemn discharge of my importanefunet ions, bound by
the oath of office I have taken, and by my duty to,
the public, to state to you, that I consider this as a
highly calumnious publication. • •
Then, Gentlemen, it goes on to say, " The
statement Of Mr. Finnerty's treatment by Lord
Castlereagh; as it appeared in the Morning Chronicle
of Tuesday, the 23d instant, has been read with •
the most lively emotions, and has excited' universal
astonishment and alarm ;"—alluding- all along to
the publication of Mr. Finnerty 'in the, Morning
Chronicle, which has been read to you.—Mr. Fin.
nerty has 4pealed to the good sense, liberality, and
justice of the British Nation, to give their decided
opinion on-the subjeCt. "So far as the British Fo-
rum can lend its aid towards colleCting and proclaim-
ing that opinion, neither his appeal, nor that of
any other persecuted or defenceless individual shall
be made in vain."—ls not this art allegation, that
this person.to, whom ther are lending their aid, is a
persecuted and defenceless individual, and by whom
persecuted, the whole scope and context shews clear-
ly that it means to impute that persecution to Lord
Casileeeagh'? Then it goes on—" If the gentle.
Lords Castlereagh can muster sufficient confidence ,
to venture into a public assembly of free and in-
deOendent Englishmen."—That is an imputation to
say that' be is a person who cannot venture into a
public assembly pt free and independent English-
men.—" He may rest assured, that -he shall have
fair play."— Nuw see hoiv"this word of promise •
to the ear is kept.—" There is nothing for which
the Managers if this Institution more ardentlydong,
than, an opportunity oftneetinghis Lordship and -
'his adherent's fate to, face, and hearing them vindi-
cate their character and condua betore an outraged'
and insulted country."—Gentlemen is that a fair
trial,' to, tell his lehrdship that there is an outraged
and insultedcountiy, w hick the context strew; must
mean outraged and insulted bAint ; and to say, we
will give you fair play by your coming before those
whom you have outraged and insulted ? 11, is, I ,
iapossible to state any' thing to be a libel it
this is.not.

Then, Gentlemen, we come to the second publi-_
Cation. 'flat begins by stating the question as be.
lore, with the 'words prefixed, " 12rial'of Lord
:" and then proCeeds,—" Last Monday,
notwithstanding the mean and mkgnant a:te..... a
to stifle the discussion of the prk*ent important
question, by tearing down and defacing the bills."—
Mean and malign,ant attempts.-- Gentlemefi, if any
of yOu or: I` saw placarded, that there was to be a,
deb.ite upon our conduct and character by a‘number
of persons assembled for the purpose of thatdebate,
is it mean to protect your citaratter as:well as you
can by abating as a nui*ance the publiction to draw' -
pooplt.l-logt:-..ether ? " Malignant." 11;oinst whom ? •

I

1
~.

1

~4 /

exhibit to collea people together to murder my repu-
tation. " Mean.'As against whom Mean tO avoid
a oiscossion'which no person has a rteht to direct or
to institute. In thiS Way it goes on. " Notwithstand-
ing the mean and malignant att'empts to stifle lite
di ussierr. of the pres6nt. itnporiant quesi.ion by
gearing down and defacing- he bills, a erowded.
as'sernbl}, among w hum were several Noblemen
and •seyeral Members of the House of Commons,
attended, and attel: a very interesting debate,
the opener was about to reply, when a' Gentle-,
man -intimately and personakly concerned, enter—
ed the ronin, and having pledged himself to attend
'on the next evening,- and either open the debate,
or take a part in 'he discuSsion, the question was,
with the consent -of a large majoritr. adjourned.
Several important and extraordinary discitisures will
be made in the' course of the evening ; and Lord
Castlereagh, or his adherents, are peremptorily
summoned to attend, _and prevent, if possible,
his character' from being consigned to everlasting
infamy •and diSgrace. The,Ls•atement respecting
'the execution of William Orr, ,in Ireland, under
the Adtnini.tration 'of the Noble Lora, although
inconte•tible evidenFe was laid before him, prov-
ing his innocence,- was' read from Mr. Finnerty's,
letier, and executed in the audience visible emotiops
of horror and disgust." LOrd Castlereagh is here-pe-
remptorily summoned t 6 at tend. Now, Gentlemen,
look at t,,e extravagant power assumed by this mock
tribunal ;• first, there is to- be fulminated against the
person an attack 'upon his character,. by these un-
licensed persons assembled for the Most scandalous
and peind purpose; for alit he persons assembled foi
that purpose constitute a disorderly assembly;
and are liable to be punished by the law, and then
the party whose chat-after is to become the subject
of anituathersion; is peremptorily summoned to ap-
pear before this self-castituted and disorderly
assembly. Gentlemen, that is a sort of tyranny that
I bake ever heard of as exercised in -the free land,
in which I have the happiness to live. :I have heard
of similar things.which hive been done in another
country, by an odious assembly which we have all.
beard of, denominated the Jacobin Assembly at
Paris, where the fouridatiop for the overthrow of
the monarchy, and of all civilized order in that
country, and I may add also •in other" count' ies,
was laid in the abused power and the „arrogant pre-
'tensions of such Societies. Here is Lord Castle-
reagh " peremptorily summoned to attend,;and pre-
ve-nt, if possible, Its charther from being consigned
to eVeilasiing infimy and disgrace."' Is not this
libellous ? If it be not, let the name of libel be
blotted out of our books. L, t the thing be consi-
dered no longer a subject of discussion, or a matter
Of legal contempiation in this country, if a man
may in this manner- be surnitioned at the peril of
infamy and disgrace upon a charge like this, to pre-
sent himself bef,re such a judicature.
Gentlemen, after this summonS, we come to what
is considered as the trial, and then it is saidL-" Last

.
Monday,. atier two evenings discussion, a crowded
asoeilib.ly unaturnotisly, deciord," (1 shoOld have ex-
pected such a.sort of decision in such a place, and
so convened and inflamed)," that Lord Castlereagh's
conuot towards Mr. Finnerty ought to be reprobated
as afficigrant infringewelit upon the.liberty'of a Bri-
tish subject, and a e.wardlyaet of oppression

against an innocent individual.' Then ii is said,
"lii consequene of Mr. Finnerty. being detained at
the House of Commons, he was unable to attend
until late in the evening, When; to the universal sa-
tistactiOn of a most respettante audience, he entered
the room and delivered a tuost animated statement
of the proceedings at Walch7ren and the conduct of
Lord Castlereagh. It is unnecessary to add, that Mr.,
Finnerty experienced the most flattering and une-
quivocal proofs of public approbation, while, on the
contrry, not a hand was held up in his Lordship's de.
fence. Thus has been furnished, a memorable and

arrik log instiice of t he folly and inutility of attempting
at least in this country, to o;, press dud bear do nan
innocent individual." I think that is a pretty round
all*gatinn, that such an attempt had been made to
oppress and, bear down an innocent individual ".By
,
this discussion virtue. and independence," • I pre..
mne, in the person of Mr. Finnerty, " have re-
ceived 'their just and adequite reward, while pride
and arrogance," I must-collect trom the chtext in
the person of Lor4 Castlereagh, " have been hum-
bled to,ibe dust—The Managers enjoy a-heart felt
satisfaction in thus announcing the decision, and led
conscious that they have dope their= duty." This is
the record pt the judgmenr on the unanimous de-
cision of this respectale and well-collected assem-
bly.

Gentlemen., you have been 'told by the Learned
Advoca'e for the defendant, that a professor, whore
forgOt, has said, that the great and charac-
teristic blessing of this country was not that we had
free laws or a Parliament of wisdom to make them,
but that we lia4 theSe sort of subordinate Parlia-
ments—these debating societies. Upon my word
that leiirned' professor has taken a very imperfect
measure of_ the liberties, of this country, or the
means by which those liberties and laws are pre-
served. I am,:in illy station, as much a friend

to freedom of ~tlisCpssiop and to fair delib.era-

tion upon all subjects which it behoves the sub-
, je‘ct, for the preservation of his freedom, for the
info; 'natio() of his iniod, or for the performance of
his duties, to discuss and deliberate upon, as any man
wfio ever Sat in tlfis place. Unequal as I may be to
my piedecesso►s in' other 'respects, in that 1 am
equal to any of them, in having an ardent love fur
the constitutional liberties of my county. But I can=
not conceive any thing so injurious -to, either as to
'assist iu giving effect to, or is suffering to go un-
punished when-they exist—those' licentious attacks.
upon' the happiness of individuals, and upon the se-
curity of ihe State. The freedom of the, press is se-
cured ;by a'll)vving every man 'to publish, without
the,,PreviOus contrtiul of a licenset, that which in his
--lodgment
_he shall think 'fit to communicate to the
pudic, but he does it at his.peril, being responsible
to indi',iduals-whom he may injure, or to the pub-
: lic whose peaCe he May disturb. Subje6t_to that le-

spot.sibi:ity, and io that risk, every man may pub-
lish what he 'pleases. No attempt has ever been
made in-the times in which I have had the happi-
neis to live, upon that liberty so 'exercised in the
first iustance, by publishing withoct the controul of
e licenser ; but, it' every man was to publish with-

. a -
suggest, or what his falsehood might dire& to be
saidio the prejudice:of another, no man would have
his good lame, diost estimable blessing in
in any degree of security. •
Gentlemen--In the diScharge of my duty, I am
required to give you my opiniOn upon' this case. If
I Were to state a donbt, it would be to abandon one's
understanding. Ido with the • most perfect confi-
dence,pronounce to you, that' it is a most scandal-
ous and infamous ItOcl, and I have no doubt, that
in-the discharge of your duty you will come to the
same conclusion, and swill thereby be the means of
resisting the evils by which we are surrounded and
oppressed.—The Jury immediately pronounced the
r defendant Guilly.

BISHOP OF LONDON'S COURT, DOCTOR'S COM-
MONS, luLy zo.

TAUNTON-V. TAUNTON.

'This was a cause of Divorce, or Separation from.
bed, board, and mutual cohabitation, brought by
Mr. Taunton, a Solicitor, in Essex-street, in the
Strand, against Mrs. Taunton, his
.vvifv,. byp-ason of
Adultery, alleged to have been committed with
Wyborne, Esq: a Barrister; .

It appeared from the pleadings and evidence-pro-
-duced.in the cause, that a marriage was sOlemnited
between the parties on the t3thJuly, 1803, and that
they had issue by that marriage three children ; that
they lived and .cohabited together as man and
,wife e
for some years, and their eonduct.towards each her
during that period was of the most affectionate kind,
until an unfortunate intimacy took place ,between
Mr. Taunton and Mr. W) borne, which arose from
their professional employments : that atter their re-
turn fronv Broadstairs, where ho'lh families 'had
agreed mutually to resat, Mr. Tiitmion wished his
_wile to drop the acquaintance, not-on aceount 'of any
suspicion, on hi, part, of any crimin •l• conr•e"Ction
subsisting between his wife and Mr. _Wy,,orne, but
that of its being attended with o;nsi.l-Ikine
The libel further pleaded, that soon xt,-r,vards Mr.
W. took an unfurnished lodging in Old Boswell-Court,
Carey-street,,. in the na'ne of JoGes; where Mrs.
Taunton resorted. to, to meet Ai. W. and at other
trines when Mr. W. kileA that Mr. 12,unton was
-absent on business, he used to take Cie opportunity
of going to Mr. Taunton's house, 'where he and
Mrs. Taunton continued in a tooth alone together,
until they expected the rgturn of-Mr.-Taunton. The
libel also pleaded a verdi& obtained against 'Mr. Wy-
born, in the Com Mon LAW COW t,, damages 80001..
On the part of Mrs. Taunton, it was contended, that
the evidence was qfthite'with respect to the iden-
tity of the, parties. The Learned Judge (Sir W,
Scott) was of opinion, that the rad of adultery was
clearly established, and accordingly pronounced for
the remedy which the husband pray6d.