Star.
London, England, 1823-05-09 00:00:00

rected .to the Court, but by an address to the r
Jury, and he continued until ten o'clock that night.
The Court then thought it was time to adjourn.-m.
He commenced next morning at ten and continued'
till seven. A further adjournment was then pro.
posed. On the third day he resumed his defence at
the usual hour, and did not close it until five. The
Jury pronounced him guilty. The application he
subsequently made was for. a new trial, and in the
'rriurseof that application he met with no interruption.
A motion was afterwards made 'in- arrest of judg-
ment, which was disposed of by the Court. When
brought up for judgment, so far from receiving any
interruption from the Court, he was allowed to pro-
ceed, though the Matter he pressed was so objection-
able, that the Ch ief.Justice observed to the persons
who were taking notes of the trial, that it would not
be-safe to publish all Mr. Carlile said. He now com-
plained of the fine of 10001. 1,0001. of which was for
the first offence, 'andlkalor a subsequent one. He
begged to remind tberHousexhatCarlile said nothing
should prevent himlollowing the course he had de-
termined on, that, he would take care to defeat the
lair, that it would delightlit wife-to become a mar-
tyr in the same cause; that if "'she 'tumid be found
guilty, he had a sister equally ready to suffer," and'
that " in the event of his sister being sent to prison,
he could easily find persons in indigent circumstances,
who, for some trifling emolument, would be willing
to sell his publications." He kept his word ; for to
the present moment he persevered in the same course.
There was now a prosecution pending against an in-
dividual for the same offence of which.Carlile and his
family had been convicted. The writ of Lcoari Fa-
cia: was issued soon after sentince was passed on him.
This was the ordinary writ for levying a fine in such
cases, and his whole property was answerable for the
tine. The lion. Gentleman (Mr. Hume) seemed to
think that the writ should not issue till the term of
confinement had expired. If Mr. Carlile thought so,
why did lie not apply to the Court? He would have
had his remedy it the proceeding was improper. Not
having made any such application, the natural con-
clusion was, that his advisers did not think dime was
ground for it. The Court or the Crown had nothing
t ) do with issuing the writ. It was issued by the pro-
vcutors, and the execution left to the Sheriff. Mr.
Parkins, the Sheriff, he admit, acted irregu-
larly. It was his duty to have sold the property, but
he did not. Mr. Cadile might have conic into Court
and called upon hitn'to do so. The motive assigned
by the 3herifffor nut'sel4ng immediately was, that
the greater part of the publications seised under the
writ was either libellousan blaffplienious, and that
therefore it would be dangerous for hint to proceed
to the sale. Mr. Caildesubsequently pursued the
proper course. He brought his action against the
Sheriff to recover compensation in damages. There
was no evidence one inte'but that- eddied by Car-
lite himself, and, the Jurr:cre satisfied that nominal
damage; Only should, be airatded. If the:Jury were
wrong in their verdict, neither the Court nor tffeLaw
Officers of Crown were ittsWerable for it. The.
Court decided that the Sheriff was bound to sell. Mr.
Parlinsie consequence employed a Gentleman of the
profession, Mr. SLUI key, to peruse the sixty-volumes,
for the purpose of akertaining What pan he (Mr.l
P4rkini) might sell n ith safety. That part be said,
and the produce was 3:11. There
.siltie nothintio' the
Six Acts brought into operation throughout the
whr,le of this transaction. The writ was issued in the.
usual way,. He thought, therefore,' there was no
ground
for the coMplaintof the petitioner.' The Hon.
'entleman said the fine was excessive. :The state-
ments of the Hon. Gentleman himself seemed in con-
ti adictirm to this- assertion, for he admitted that 1300
copies had been sold at half a guinea each, besides
subsequent editions to a much greater amount. The
petitioner, tbeiefole, must have pocketed, in conse-
quence of -the prosecution, much more than the
anidunt oldie fine.

Mt. LENNAItD • supported the Petition on the
giotitid that the Rite vfasexcessive.
Mr:HUME• said, such prosecutions tended only
to make the' miseltie? greater. Mr. Cathie, as it ap-
peared. •Cotild always-Bnd numbers who were ready
to come forward nod Sell 'his publications. Those
who bad been convicted only gloried in the cause
for which they suffered. • _

Mr. DENMAN said, those prosecutions, in many
instances, were a greater nuisance than the publica.
tions against WitiCll they were directed. He was
havpy that the joint stock purse frdm which they
were carried on was nearly exhausted, and he hcped
it would never be tilled again. That the fine was ex-
cessive appeared clear froin.the circumstance of Mr.
Carlile having remained in prison from NOvember.
This must have arisen from his inability to pay. The
Court, he was sile, would not have passed iuth a sen-
tence if it thotOt this was to be the consequence.
Mr. Secretary PEEL said, Carlile admitted that he
sold 3,000 copies, and it Was proved that they were
sold at 10s. 6d. each. Half of this at least was profit,
and the Court, therefore; had it in evidence that he .
made 1,5001. by the sale. Mr. Carlile, he believed,
did not Continue in prison solely for non-payment of
the fine: be was hound to find rectognizances; and'
as he stilt continued to issue his publications horn
prisonAhat circumstance would justify persons in
being extremely cautious how they became security
for his future good conduct.
After a few words from Mr. Hum., who moved
that the Petition should be printed,
Mr. Secretary PEEL said, his attention had been
just called to one circumstance in the Petition, it con-
tained iii the margin the names of those obnoxious
yolks for which the Petitioner had been prosecuted,
and of those that had been seized. It would not be
tight that the House of Commons should be made
tht instrument of sending them forth to the public
by ordering the Petition to be printed. He had no
objection that it should lie upon the table, but he
would oppose the printing of it.
Mr. HUME suggested the margin might be cut off.
Mr. Secretary PEEL said it would be better not
to print the Petition at all, than to print it in a mu-
tilated state, contrary to the usages of the House.
Mr. HUME said, as there was an objection to the
Petition, he would withdraw it, reserving to himself
the right of bringing the subject forward in another
shape.—The Petition was withdrawn.
mi. DENMAN presented a Petition -front Nottingham,
praying that the Duties on East and West India Sagan might
be equalised.—Ordered to be printed.
Petitions were presented front Blacklutrn,Warrington,Yeevil,