Star.
London, England, 1822-01-26 00:00:00

THE KING T. kiDcwAy.

This was an indictment preferred by the Bridge•
street Association against the defendant, a petty
bookseller, residing at Manchester, forxublishing a
seditious libel. The trial took place before Mr.,Jus-
tice HOLROYD, at Lancaster, and the defendaut was
found Guilty.
Mr. BROUGHAM, on a former day, obtained a Rule
to shew cause why there should not be a new trial,
on the grounds that the only witness who proved the
Rublicatton at the trial had, in the course of his testi-
mony, been guilty of perjury, he having sworn that
in March, at the time he purchased the pamphlet,
there was a board over the door of defendant's shop,
containing the words—" Ridgway, dealer in tea,
coffee, Ste." Whereas that board, as appeared by the
affidavits of three individuals, which he then held in
his hand, had been removed before Christmas.

Mr. Serjeant Hut.Locx now shewed cause against
the Rule, and in reply to the three affidavits produced
on a former day, by Mr. Brougham, he now pro-
duced the affidavits of six respectable individuals, all
of whom stated, that they were in the habit of pass-
ing Ridgway's house frequently, and remembered to
have seen the board in question over the door, not
only up to March, as sworn by the witness Millar,
at the trial, but even down to the month of May-.a
period two months later at least. He therefore sub-
mitted, that the affidavit of the six persons, which he
had now read, was a full answer to those on which his
Learned Friend (Mr. Brougham) had obtained hisßule.
The Oiler JUSTICE asked Mr. Brougham it he
had seen the affidavits on the other side, and whether
he thought he could oppose them ? •
Mr. I3aouciumt submitted, that the case, as it now
stood, had assumed the appearance of a•question
resting on conflicting testimony; and the Court were'
now so say whether they would decide on such con-
flicting testimony, or send it to a new Jury ? As for
the circumstance of the defendant not having sworn
positively that he did not sell the pamphlet, but only.
to the best of his belief, it was to be accounted for by
, the fact of there Wog other'pamphlets brariog the

game tide.o Addrewto the Reformer, of Great Brie
taro," which contained nothierobjectionable. and he
might have sold one of those. Observations had been
made on the lack of affidavits on the part of the de-
fendant. It was said Ridgway might have had the
affidavit of his wife. The defendant was a poor man,
and could not get affidavits and witnesses with the
lime facility which his opponents could ; but the fa
I was, his Learned Friend (Mr. Evans) had the affida-
vits of Mrs. Ridgway, and also of the person in whose
keeping the board had been ever since its removal ;
but- they reached town at a period too late to allow
of them bring put in.
The Conti Justice observed, the Learned Counsel
must he aware that the affidavits, not having been
read, could not be regularly alluded to. If they had
been put in and read, the prosecutors might have
answered affidavit by affidavit.

Mr. BROUGHAM proceeded to argue in support
of the Rule.

The CHIEF JUIITICE, however, observed that there
was nothing in, this case which called upon the Court
to depart from its usual practice. Where a Role was
obtained on a statement'nf facts, and those fAc:s were
fully answered by other affidavits, to the satisfaction
of their Lordships, the consistent course was to •dis.
' charge the Rule, and leave the verdict undisturbed.
The rest of the Court agreed in this opinion, and
the Rule was discharged.

THE XING N. JOHN AMBROSE WILLIAMS.
In this case Mr. SCARLET? last Term obtained a
Rule to shew cause why a criminal information
should not be filed against the defendant, the Editor
of the Durham Chronicle, for a libel in that Paper,
reflecting on-the body of the Established Church.
Mr. BROUGHAM said, in this. case he h:td to shew
cause against a Rule obtained on a former day—why
a criminal information should not be filed against .
Mr. Williams, but before be went into the ca...e, and
his reply to the Rule, he must submit to the Court
an objection to the proceedings, which he was per-
suaded would save the Court much trouble. The
present was not one of those cases in which the pro-
secutor was a person or a body unknown to the law,
but it was a new case entirely ; it was a case in which
the prosecutor was entirely unknown to the defend-
ant. Mr. Brougham then proceeded to argue, that
under the Statute, there must be a known and de-
clared prosecutor : if it was otherwise—if the Court.
would rake the simple word of Mr. Scat iett—he «as
not aware how they could resist taking the wrud of
any other Gentleman at the bar. He trusted the
Court would be of opinion pith him, that this objec-
tion was unanswerable and, by such a decision, he
should be spared the pain of going into observationi
on a body cf highly respectable and dignified Clergy,
and a comparison of characters, which he would most
anxiously, if possible, avoid.
The CHIEF JUSTICE said, it would be inccnvenient
to take parts separately.
Mr. BROUGHAM said, he must then remind their
Lordships of the rule invariably acted upon—namely,
of having an affidavit, denying the truth or falsehood
of the assertion in the libel.

Mr. Justice BAIILEY.—What fact do you say they
ought here to have denied ?
Mr. BROUGHAM said, that here the fact alleged
against the Chapter of the Cathedral of Dui ham was,
that they had failed in their respect to tl;c Royal
Family, by not tolling the bell on the demise of one
of its principal members.
The CHIEF JUSTICE said, if the fict svas rot de.
nied by affidavit, it must he taken to be true.
Mr. Justice BAYLRY said, it might be so that the
fact was not denied, and yet the party miiiht have a
right to proceed by this mode. The fact charged,
he would not say it was so in this case, might nut
be a crime.

Mr. BROUGHAM said, it had always been held by
the Court, that there must be an affidavit going to
the merits of the party applying.
Mr. Justice Houtoyn.—That is not invariably the
case, Mr. Brougham.
Mr. SCA RLETT.—My Lord, my Learned Friend
has a case in point which occurred recently, and
within.his own knowledge.
Mr. 13 ROUGH Al 4 then proceeded to urge his ground -
of complaint, that lie dial not know the party or par-
ties applying. It might be all the Clergy of the Ca-
thedral and Diocese of Durham ; and if it was so, he
would submit that this clerical body had been so con-
ducting themselves for some time past, that the Court
would not grant them its aid; but would oblige
them, if they thought fit to proceed, to go before a
Grand Jury of their country, and proceed by indict-
ment. He then proceeded to comment in strong
terms on the political conduct of the Clergy of Dur-
ham ; their political bias had always I'cen strong, and
always one way, and there were no arts too base for
this faction to adopt to carry their political purposes
into effect.

The COURT inquired who this faction were, and
who the party was to whom the Learned Counsel
contended the passages of the alleged libel alluded?
Mr. BROUGHAM said, certain Clergy, clerical parti-
zans of the Cathedral and Diocese of Durham.

The CHIEF JUSTICE read the libel, and observed,
it applied to the whole body of the Clergy.
Mr. BROUGHAM submitted it did not. He would
mention the provocation which the defendant had re-
ceived in this case: some of these clerical persons,
embarking in a secular contest, had publiAled pam-
phlets, in which they had no: spared abuse of the
grossest description, as applied ts Mr. Williams by
name, whom they had described as a hireling pan-
' der, parasite, flatterer, and slanderer ; and further
than this, he was enabled to state fiom his affidavits
that a General Meeting of the Clergy had taken
place at the house of a Dignitary of their body, when
an Address had been agreed to, in which they were
guilty of a gross breach of priviler,e as regarded one
branch of the Legislature; for in it, alluding to the
House of Peers, they say that some individuals of the
highest order, in the highest situations in the king-
dom, had been guilty of conduct Which would have
disgraced the lowest, in the lowest situations. After
some further observations, Mr. Brougham observed,
he confidently hoped that their Lordships would
leave this, he would not say clerical body, for they
were acting only in their secular characters, to seal,
their disputes as well as they could, by an appeal to
the laws of their country, if they believed they had
grounds for such au appeal.
Mr. Cartzsit loAowed on the same side.
• The Curse/ JCETICS said the Court would bear
Mr. Semites reply tO-1130171M.

RELIGION, BEST OF GIFTS ON EARTH.

Oh! there are sufferings in this world of griefs
Foe which bo human skill can give relief ;
Corroding cares, and sorrows of the heart,
That court despair, and bid even hope depart;
Pangs which the mourner feels, yet dares not owns,
O'erwhelm'd with anguish, left to pine alone
To brood o'er th•sughts, and scenes, which agonize;
Denied one friend to cheer, or sympathize ;
For few, alas! in this sad round of care,
Uncalled by interest, will our sorrows share t
When bleeds the heait, pierced by ingratitude,
When friends prove false, with tears our only food
Friends, whose soft smile prosperity can gain,
Yet quickly fly in time of need and pain;
When Death has matched all that we fondly loved,
Those chosen few, whose truth and worth we've proved;
Bereft of these, dissolved each tender tie,
Is there aught left the wretched but to die,
At once escape from agony and grief,
And in the peaceful mansion' find relief?
Yes, mourner ! midst life's gloom, mind's darkest night,
There's comfort; see yon orb serenely bright,
Rising sublime, • with healing on her wing,
To dry your tears, and consolation bring;
A heavenly Star whose soft, effulgent ray
Guides in despair, and turns our night to day:
Seek bless'd Religion, best of gifts to Earth,
Which gives to real happiness its birth ;
Sole trust, and sure resaarce, in grief and pain,
Whose aid the pious heart neer sues in vain.
This cheers the soul, bias brighter prospects rise,
And points to purer joys beyond the skies;
Weans our affections from a world like this,
And loads us to the ralms of endless bliss!