Star.
London, England, 1822-11-19 00:00:00

He had no intention to offend or shock the feelings
of any one, when he published the .pnem, and would
most. gladly have discontinued the sale. Had
known that the proiecutors would have produced ail
affidavit laying stress on a sobseqtrent sale, he could
have produced an ;Ace:kin Answer, stating that be
never personally served in the shop after the first in-
dictment, but went out of town, and was at a dis-
tance when the second publication took place.
Mr. Justice Bayurv.—But you went out of town
avithout taking any measures to prevent the conti-
nuance of the sale.
The defendant said that he hoped he. had con-
ducted himself with propriety at the trial..
The Lotto CHIEF JUSTICE.—Yes, certainly. You
were, I remember, reading something.from a printed
book to the Jury, which. I thought might do harm,
and I begged you to desist, upon which you imme-
diately desisted. There has ,been nothing in your
depot tment which ought in any way to deprive you of
your claim to the merciful consideration of the Court.
The defendant said there was one favour which he
wishei to entreat—that the Court would not, as part
of his sentence, order him to find.sureties; for he was
afraid he could not find two persons who would be
bound for him. He would rather endure a longer
imprisonment, or even be placed in solitary confine-
ment, than have this necessity thrown upon him ; for
he had some hope of literary employment, which he
could pursue in prison.
Mr. Guastsr spoke in aggravation of punishment.
He need only Using shortly the circumstances of the
case under the consideration of the Court.- The
work was the production of a very young man, who
published only a small number of copies, and the de-
fendant himself confessed that he found it exceedingly
scarce,• and republished it with a view to gain. He
had done more—he had translated the mischievous
notes, which before were in a foreign language. lie
had alluded to his offers to the Society ; but it was
hitting that persons of• his description should know
that they were not to break the law, and then think
they had a right to treat with their prosecutors upon
equal terms, and to abuse them if their proposals
were rejected. The defendant had himself stated
that he only made the offer because the work bad not
sold; if it had met with a rapid sale, it would have,
been a differect affair.
Mr. Justice BAYLEY.—But this prosecution has
brought him to utter ruin.
Mr. GURNEY replied, that he did not see how this
could be, the prosecution cost him scarcely anything.
The Loup CHIEF JUSTICE inquired if he had taken
office-copies of the indictment, but was informed in
the negative?
Mr. GURNEY proceeded. The defendant had really
been put to no expense at all; nor had he suffeied
any punishment up to this time, when he appeared
to receive judgment. Of the work itself he would say
nothing, except that a more shocking publication
never issued from the press. It was of high import-
ance that such publications should be abated, but he
feared that, unless the Court visited the publisher
with serious penalties, instead of disappearing they
would increase.
The defendant begged to explain, that thaugh it
was perfectly true that the prose: ution had not cost
him anything, it had nevertheless occasioned his total
ruin. It had caused the entire destruction of his bu-
siness, and- id this way had as effecoially ruined him
as if he had been forced to pay the heaviest costs.
The Judges consulted together for a few minutes,
after which
The LORD CIIIEF JUSTICE, addressing himself to
the defendant, said—" Are you prepared to deliver
up all the remaining copies of the book, and toanake
affidavit that you have done so, if the Court should now
discharge you on your own recognizances to appear
and receive judgment when you shall be called on ?"
. The defendant said he wished to state to the Court'
the situation its which he stood. While he was in the
King's Bench Prison, the books were in the hands of:
his printer, to whom he had given a bill of exchange,
and who threatened to detain them, unless the debt
should be paid in full. As he felt that it would be
dishonest to his other creditors to give this preference,
lie rejected the proposal, and the books remained in
the printer's hands. He had not himself two copies;
one copy he had which he used at that trial ; that he
would give up, and he could conscientiously make
oath that he had no other.
Mr. GURNEY begged to call the attention of the
Court to the fact that the book purported to be printed
by the defendant. This was one of the contrivances re-
sorted to by the venders of blasphemy to evade the law.
Mr. Justice BATLEY.—WiII the defendant give up
the name of the printer?

The Defendant —I should be sorry to do that, my
Lord. There was an understanding between us that
I should not mention his name ; and • I would rather,
if your Lordship pleases, suffer the punishment my-
self than that he should be prosecuted.
Mr. Justice BAYLET.—We do not ask for the pur-
pose of prosecution, but in order that, if possible, the
further circulation of the work may be prevented.
The Defendant.—lf the-printer is not to be prose-
cuted, I have no objection to name him.
The Loop CHIEF JUSTICE.—We have no power to
promise that. Is the work now sold ?
The Defendant.—l believe it is sold by means of a
machine; but not for my profit, I assure your Lordship.
The LORD CHIEF JUSTICE.—If we give you a week
to try what may be done, can you see the printer,
and try if the work may not be stopped ?
The Defendant.—My Lord, lam afraid not. The
printer is quite hostile to me.
The LORD CHIEF JUSTICE.—WeiI, we will order
you to come up on this day week, and in the mean
time you can see the prosecutors Solicitor, and make,
some arrangement with him on the subject.eYou will
be at least in no worse condition.
Defendant.—Am I to be committed, my Lord?"'
The LORD CHIEF JUSTICE.—NO , Mr. Gurney will
not now pray your commitment.
Mr. Guasky replied that he would not apply for
commitment. •
The LORD CHIEF JUSTICE.—You will then remain
at large; and we wish you to do so, that you slay
have an opportunity of seeing what arrangement can
be effected.—The defendant bowed and withdrew.
NISI PRIUS, &C.
At one o'clock the Judges left the Court, that the
LORD CHIEF JUSTICE might hold a sitting of Nisi
Poles. When his Lordship returned and took his
seat, he addressed the Bar, and said that the Judges