Star.
London, England, 1822-04-15 00:00:00

myself. I remained Pre days WOO 34 tat the et•tahahle dank kr Max -" Mat.* IFIMIS awful" sn there-I
ag go ii• ghtest evidence to affect Mm. it appearing that the
Yore, see emitter of esseriti,lbet die tura ware to be rid. 114 .
p_i_ration of which, on a Monday t=a,goklanwr to tom wa Site two dem www4got witness sarottoosd a person taken for him was Mr. Pate, a Gentleman at
and au, hat aft. money seed a preposersainiess, boa rt.yeneed i the liar.._ As to the Association, he was hound to
Union-Hall, what. I entered int.-
Idler paying 14*. as s fin. On the his havinrk copied vas. The smug was paid Wilma any bill ' say, that an Association for the proseantion of libel.
was set at liberty
evening of the Thursday, after 'earibeetstion, I seas heil soltsd
Cr°assnintei;ont—mr. warden
in
net
in
town. He lioos 'kind seditious works was not iq itself an unlawful
when Mr. Murnl
St die ante for his aeon%
am
witness Mad sorry i shamed Association; but if, that being their professed object,
Y,
at a stationer's in Wood-s• Mr. Murray they made their 'Association a means of extorting
reason to Mow that Mr. Wardell did net emerge Mr.. Murray
and a person whom I have heard was Mr. Clarke, but
whom I do not know to be SO named, cisme in, and with any estardon in Ms charges. bale lucre, or for other illegal purposes, whatever at
'said that they had been at my butte lifter me. I went • Thomas Dothr• a bookseller in the Strand, went, on the ma' proferled object might be, such an Association would
with them in a hackneykostch to my home. Murray jceoermpania
solicitor,prob7eutioniatit instituted
ut
Mr. Nettle
fold,
b!tothl‘eir.
NIT" ac-
with be illegal ; and if the. motives of the present defend.
aisid that I must give up all the political books I had, office, where seine conversation passed. Mr. Murray said he ache sficeld appear to be a desire to extort from info-
and sign an agreement to sell no move in future. I was desirous of getting at the author of the publication, the sub- viduals that money and their goods, instead of a pro.
said that I had none; they said.l had, and-they would jeer of prneectstion. After some copretsation, Mr. Murray a?: secution for libel, they had been guilty of an unless..
drive the touch to the door of the house where they I:lllLlinetn
tomitret!,:rain thedzirsri:tion,nanwdasas
appointed, W
et
ful act. -His Lordship then read the evidence which
would be found. They checked the coach at the door of which witness and M; r. Net :dead again tttended. lie a related to the difennit cases, and observed, that is
a man named Baker; I said they were not there, but at said he could not give up the actual writer of the article in clues. each Cafe tile only individual actively concerned was
Mr. Fussey's, to whom I had given them as wastepaper. twit, but he was ready to give up the editor and proprietor of Mr. Murray. The conduct of Mr. Murray, as I*:
We went to Mr. Fussey's, and brought the papers thwoerdbnolictatanionswinrwilhdch it had appeared. 111 r. 2411;e.titileufrozycsaii.edd thatth garded Mr. Thelwall, was not so courteous as it might
from thence to my house. There was among them case of Wright ande
Coubitheturitt, in ose Which the:Chief Justice had hchel have been, and as his Lords& p could have fsvidt it
one copy, and only one, of Carlile's "New Years Ad- that the editor and proprietor might be prosecuted, althouth tie to have been ; still he had only done what the lave
dress to the Reformers," on 'which the prosecution actual writer was not known. This seemed to satisfy 'Ur. allowed. His Lordship concluded with leaving it se:
- • - and Murray. A meeting was appointed, and took place that even- the Jury to say, whether the charges in the iudktz
• in - _

_
te r

Tray.
ing. A paper of terms was drawn up, and was In the hands of
Mr. Nettlefold, and witness believed, afterwards returned to Mr.
lli:urray. (Mr. Murray here produced suck a paper as that al-
luded to, but witness said it was not the lame). The terms were
not carried into effect.
Mr. Nettlefold said, Mr. Murray read the terms from a paper
in his own hand, and kept it.
Thomas Dolby recalled.—The terms were, that witness should
give up the entire stock of the offensive publication, and express
contrition fur having sold it, and enter. into engagements not to
sell any publication which the Society might deem offensive.—
Upon this last condition witness said he considered it extremely
oppressive, and as requiring some little time for consideration ;
he did not know what they might deem offensive; and be parti-
cularly mentioned Cobbetes Register. Mr. Murray replied, he
could not take on himself to say what witness might sell, but he
must take care not to sell anything
wtuse which was seditious. An-
other condition was, that should pay all expenses, and
toter into recognizance for two years. To this last condition
also witness objected, and Mr. Murray observed he could under-
take to say that, if the Society were satisfied with witness's con-
duct, the recognizance would be put an end to in id: months.—
At this period a Gentleman came into the room and called Mr.
Murray out. After an absence of ten minutes he returned, and
said be was sorry the negotiations had gone on so far, as a cir-
cumstance had occurred which prevented its going on.
Cress-examined by Mr. 'frxust..—Did not recollect the
/Wield Dictionary being mentioned In the course of the discus-
sions had not bound himself not to publish certain works, but
she wegociation implied that in future he would use more caution.
Qa Meese a party to the negotiations if they did not originate
with hr. lie believed one number of the Political Dictionary
liras published pending the negnciation ; it consisted of three
numbers; he could not recollect if all the three were published
during that period; he should decline giving any answer to the
question whether he was, or was not, the publisher of the
'Weikel Dictionary.
Mr. Nettlefold corroborated the testimony of the last witness
as to the negotiation carried on by him with Mr. Murray; the
application originated with the witness at the desire of Mr:
Dolby. The agreement was, that Dolby should plead guilty,
and enter into recognizance not to publish any seditious publi-
cation for two years, pay the costs, sign a declaration of contri-
tion for having published the paper in question, and the Society
to use this acknowledgment as they thought fit. Witness con-
sidered the negotiations as completed, when unfortunately Mr.
Jones put his head in at the door. Mr.. Murray went out for a
few moments, and on his return paced the room two or three
times, and then said the prosecution must go on, and• in a few
days after Dolby was again taken into custody. Mr. Murray
assigned no reason for breaking off the negotiation.
John Lindsay Turner is a printer; had a prosecutioh pre-
ferred against him by the Association, and went to Mr. Murray
by the advice of the Treasurer of the Association, the late Al-
derman RothwelL Mr. Murray 'said, if witness wished the
prosecution to be quashed, he must pay the expenses, and give up
such publications as might be deemed of a seditious nature,
enter into recognizances to perform these stipulations. Witness
asked what the expenses would be.? and he said £25 or £26.
Witness said he must consider, and would call the next day ; he
called the next day, and remonstrated with Mr. Murray on the
hardship of his case, be bring only the seller, and not the pub-
lisher; and not making
any impression on Mr. Murray, he left
him, and was soon after taken into custody by the tipstaff, kept
one night, and on the following day,taken to the Court of King's
Bench, and admitted to baiL In September witness was again
arrested: that was after the present indictment was found. -
Cross-examined by Mr. Aootruus.—Kept a bookseller's shop
in Aldersgate-street.
Richard William Heyward was attorney to Mr. Thelwall in
Ad), 1821, anti on the 27th of April he wrote a letter to Mr.
Murray,u informing him, that as he understood an indictment bad
been preferred against Mr. Thelwall, he wished to state that he
was prepared with ball ; and to prevent unnecessary vexation
to Mr. Thelwall, he would request an answer on the subject.—
lie received no answer to this letter, but Gibbons, the tipstaff,
called on witness in the evening. This was on Saturday, and on
Monday witness gave notice of bail. On the Tuesday, about
five o'clock, witness saw Mr. Murray at Mr. Justice Hoiroyd's
chambers. Several persons were present, and amongst them Sir
Richard Phillicheainvd, Mr. Adams, who tendered themselves as
ball for Mr. aIL Mr. Murray objected that there had
not yet been 48 hours notice. Witness stated, that the names
of these persons had been given to Gibbons, the tipstaff, on the
Saturday evening, 'and also mentioned to the Learned Judge the
letter which he had written, and to which he had received no
answer. Mr. Justice Holroyd said, he thought no objection
should be made to time. Mr. Murray then objected to the suf-
ficiency of the bail, but they were afterwards accepted.
Mr. Thelwall.—Lives at North Brixton. First learnt that an
indictment had been preferred against him from a paragraph in a
newspaper. He communicated this to his Solicitor, Mr. Hey-
ward, who advised him to rest quiet, and ascertain the fact.
This was done on Friday, the 27th of April, and Mr. Heyward
wrote on that day to Mr. Murray. On the Monday following.
whilst at dinner with his wife, daughter, and pupils, he was ar-
rested. The officer behaved in the most respectful manner, per-
mitting the witness to go to his own office in the Strand; here
he remained till evening, when he was taken to a lock-up-house
in Serle's-place, and remained in custody till he was the following
day admitted to bail by Mr. Justice Holroyd.
The indictments against the several parties were then put in.
Mr. James Harmer Attorney, has had considerable practice
in Criminal Courts. On looking at these particular cases, and
at the costs charged in each, he considered the charges as much
too high.—This closed the case for the proiecution.
Mr. GURNEY then addressed the Jury on the part
of the four defendants, who were charged with
usurping the authority of the King, and with con-
spiring to wring from unfortunate individuals not
only their money but their goods, and that by means
of a perversion of the law. Ile should not occupy
the Court or Jury. an hour in discussing the right
of individuals to institute public prosecutions, since
such was the law, and if these Gentlemen had,
in their judgment, felt it right to institute these
prosecutions, they certainly had a right to do it.—
He then proceeded to contend that these associations
had existed from the Revolution down to the present
time, and instanced that of the reign of William and
Mary for the support of religion and morality, in
which the greater part of the nobility of the kingdom
were members. The Society for the Suppression of
Vice, in our day, had been productive of the greatest
good to society at large. The Learned Counsel then
proceeded to• comment on the several cases now
brought forward,. and the evidence by which they
were supported. The charge cif conspiracy, he con-
tended, had not been made out to have the slightest
foundation as regarded any one of the defendants;
and observed, 1w sat down fully confident of having
a verdict in favour of all the parties. •
The CMS! JUSTICE proceeded to sum up the evi-
dence, and to comment on the case, and observed in
the outset, that .as to Mr. Clark, there was•not•the

was founded. They- were taken into my Parlour an.
unpacked, when the parties said that they were all
violently seditious, and some very nearly approach-
ing to high treason. Murray and the other Gentle-
man said that Kingston Assizes were at hand ; they
would go there and prefer a Bill, on which I should
most probably be convicted and sentenced to two
years' imprisonment and a heavy fine. In conse-
quence of whet they said, I gave up all the papers,
which they packed up and took in a coach, accom-
panied by Bradshaw. The next morning, about
seven o'clock, before I was up, a person came on
horseback to my house and delivered a message. In
consequence of this message, I went with Bradshaw
to the Lord Chief Justice's chambers in Serjeant's
Inn, where we met Mr. Murray. He shewed me
the list of the books taken from me, and asked if
they were all I had? I said yes; he said I must
make an affidavit of it, which I accordingly did. As
we were coming along Fleet-street towards my house,
we met the person who had called at my house in
the morning, and I observed to Mr. Murray, that
the sum of E 18.165. Scl. which he had demanded,
was a very exorbitant charge. Mr. Murray said
" he could not help it; that was the sum of the ex-
penses incurred, and that must be paid." I told him
that I could not afford to pay it ; he said he would
take off the odd shillings, which I replied would be
of no use. He then offered to take £l5, on which
we parted. Nothing before this had been said to me
about the expenses. I then went with Bradshaw to
the office of the Association in Bridge-street, where the
Committee was sitting. We went up stairs, and were
introduced into the Commitee-room, where there were
a number of Gentlemen whom I did not personally
know, except Mr. Sharpe; but I heard one addressed
as Sir John Sewell, and another as Mr. Clarke.—
I explained the business on which we came, and Mr.
Sharpe said they could say nothing till Mr. Murray
came, and asked us to walk into another room and
wait. After waiting in the next room more than an
hour, Mr. Sharpe came out and told us Mr. Murray
' was arrived, and we might go in to the Committee.
We returned, and found Mr. Murray there with the
others, and Sir John Sewell in the Chair. After some
observations from the Chairman and Mr. Murray,
they said they had looked over the books and carica-
tures, and returned a dozen caricatures, as they did
not come within the scope of their proposals. Sir
John Sewell said, that the Committee, taking into
consideration my imprisonment, my giving up the
books, and my loss of time, had agreed to take five
pounds towards the expenses. I consented to pay
this sum, but no particular day was appointed for its
payment. I then went away with Bradshaw. On
the same day I received a note from Mr. Murray,
which I have not with me. In consequence of tins
note, I went, on the same day or the following day,
to r. Murray's chambers, where it was agreed that
the money should be paid on the Monday following.
The next day, which was Friday, I received a mes-
sage from Mr. Murray, and went to his chambers in
Shorter's-court. I said, that as the money was to be
paid on Monday, I wondered he should insist on it
then. He said that was of no consequence; the money
must be paid then, or he should proceed as at first.
I promised, in consequence, to pay it in the evening,
and he appointed six o'clook for that purpose, when
I attended and paid it. He gave me a receipt.
The receipt was then put in and read. It was entitled, " In
the King's Bench the King on the prosecution of the Consti-
tutional Association against James Atkinson," and acknowledged
the receipt of £5 as part of the costs of a prosecution stayed at
the request of the defendant.
Cross examined by Mr. Guaxae,—Bradshaw had eammual-
cations with Mr. Sharpe whilst witness was In Horsensooger-
lane. lie went first without witness's knowledge, but after-
Wards he went at witness's request, who said he should be glad
to have the matter settled. Did not recollect expressing sorrow
for having sold seditious and.blasphemous publications, but would
not swear he had not done so. When witness saw Mr. Murray,
he solicited him to stop the prosecutions, avid said he had made
away with all his seditious publications. end offered to make oath
of that fact ; but on being afterwards told by Mr. Murray that
he had been informed they were only removed to the house of a
friend, they went to Fussey's house, and there found them. The
Gentleman who was with Mr. Murray, and who witness sup-
posed was Mr. Clarke, was Mr. Pt ice, as he new understood
from a Gentleman then in Court. There were some Black
"hoed's, some Medusas,the Mock Trial of Chrlite,several numbers
of the Republican and the Tar-gatherer, Nero Vindicated, &e.
amongst the numbers taken away by the Society. Witness be-
lieved in the New Testament ; did not know, but could nut say
that he ever said the contrary.
Re-examined by Mr. Der:max.—Believed Mr. Murray said
Mr. Price was a barrister • and Mr. Price said, unless witness
agreed to the terms proposed. they would go down to Kingston
next day and prefer their bill. The name of Clarke was men-
tioned in the Committee-room, but not applied to Mr. Price.
William Bradshaw.—Offered himself as bail for Atkinson at
the chambers • witness was then, and is now, a man of sub-
stance. Gibbon, the officer, was present, and said he believed
the bail to be good ; but Mr. Murrayy insisted on having 48 hours
notice. While Adduce was in confinement,witness called leve-
-1 ral times on Sharpe at the office in Bridge-street, and was ulti-
mately introduced to the Committee. Mr. Sharpe, Mr. Murray,
Sir J. Sewell, and Mr. Price, were present, as well as several
other persons whom he did not know. He afterwards applied
to Mr. Murray on the subject of costs, and represented the
poverty of Atkinson. Mr. Murray said he could do no more
than take off the shillings. Witness went inunediately to the Com-
mittee, and it was at length settled that 51. should be paid.
James Barstow, Esq. a student of Gray's Inn, knows Mr.
Robert Wardell. Recollects going, about Banter of last year,
with Mr. Wardell, to Mr. Murray's once. Witness had pre-
ilously been at Mr. Murray's respecting bail, and requested
Mr. Murray would not proceed to arrest Mr. Wardell. Mr.
Murray said he was aware Mr. Wardell was a Gentleman,
and he certainly would not arrest him. Bail was afterwards
put in, and a negociation was entered into,
by which it was
agreed that Mr. Wardell should suffer judgment to go by de-
fault, and enter into recognizance fur two years, and that Mr.
Wardell, should
pay the costs. Witnesa had always considered
the costs were to be paid, and had told Mr. Warden se before
costs were ever mentioned by Murray. Witness considered
that Mr. Wardell was asking a favour, and that it was a dc-

ment were at all made out by the evidence.
The Jury, at half-past fire, retired, and, after be,
ing out twenty minutes, returned with a verdict of
Not Guilty in favour of all the defendants.
The Foreman observed he wished to state, that it
was the unanimous opinion of the Jury that Mr.
hlurray's conduct had been unnecessarily harsh and
severe, as regarded Mr. Thelwall. The cae occu-
pied the whole of the day.