Star.
London, England, 1819-11-17 00:00:00

COURT OF KING'S BENCH, NOVEMBER 16.

Westminster-Hall was this day crowded, at an
early hour, with persons of all ranks and descriptions,
brought together by the general understanding that
Mr. CArtkiLE was to be brought up for judgment,
and by an apparent curiosity to see his person, as
well as to become acquainted with his fate. This
circumstance having been foreseen, was provided
for, and Mr. LEE, the High-Constable of Westmin-
ster, with a strong civil force, although they could
not prevent the continual increase of the crowd, had
made such salutary arrangements as served to main-
tain order, and secure free egress from, and ingress!
to the body of the Court, in favour of all those
whose presence was necessary.
In consequence of Mr. Justice BAYLEY'S being en-
gaged in another branch of the Couit, it. was late in
the fornoon before the case cf the King v. Carlile
was brought under consideration. A mot►on which
Mr. DENMAN was about to make, on a subject -of
public importance, was deferred at the LORD CHIEF
JUSTICE'S request, till the Court should Le full.

SEDITIOUS LIBELS:

TAB KIND B. ROBERT gIiORTSR.

On the motion of Mr.Lirrt.EDALE, this defendant,
who is a Stationer and vender of Newspapers, was
brought.up to plead to two Informations filed against
him by the ATTORNEY-GENERAL, for two alleged
libels, the one published it The Republican, and the
other in Sherlitn s Political Register.
The first* Information, which was extremely long,
having been read, Mr. DEALTRY asked him whether
he was Guilty or Not Guilty ?
Defendant—lf I plead now, when shall Ibe put
upon my trial ? •
CHIEF-JUSTICE—That does not zest with me, Sir;
you are only now asked whether you choose to plead
or not ?

Defendant—But if I plead now, shall I be tried
now ? I am charged with publishing a seditious
libel, which I certainly did publish us a Newsman,
and I say I am innocent ; I am ready to be tried now.
Cuitcr-JusricE—l cannot appoint when your trial
is to take place.
Defendant—lf I plead now, shall I be under the
necessity of procuring bail, because I am at present
unprepared ?
CutEF-Juszte*--The Officer will inform you upon
that subject.
Mr. DEALTRY—Other persons who have been
charged with similar Informations, have not been re-
quired to put in bail.
Defendant—Btu they did not plead.
CII I ET-JUSTICE—They chose, I understand, to
avail themselves of the time allowed them by the
practice of the Court, to consider of their pleas. Do
you wish to have a similar indulgence? You can
have time, if you choose.
Defendant—But, my Lord, I do not want this to
be hanging over my head.. It is to me the greate,t
punishment to be kept in suspense. If I plead now,
when shall Ibe tried ? Ant Ito be kept' in suspense
•
until after next Term ?
you are now required to
is, to answer the question which is put to you. .Do
you choose to plead or not? Or will you take time
to plead ?
Defendant—Still, am I to,be kept in suspense until
after next Term?
CHIEF Juvrioe—l cannot answer' that -giestiou,
Sir. I caniet appoint your trial. • • •=.
Defendant—Well, 1 will consider of it,

;47, ".....14.11,* adig4ll#ollllll..

sorer in two or three minutes• F. 07;
are there in that Information? Ct
Mr. DEALTRY—S,Iven.
Mr. DEALTRY :Len proceeded to read the
oration for the alleged libel in Sheru;•l', Pol
Register, and having concluded it, Le ake‘.:''
fendant whether he intended to plead ;a this
formation?

. .
Defendant—l plead Not Guilty to brlth li
mations, and the son;v7.r the trials are brour
the better.—Tne defendant then wired.
The SoLicrren-GE.:Ftt 1. was now called.
move, but said he w:)uld nct until the
full, Mr. Justice BATLEY being detained in
Bail Court.

CittEF..iusricE—l know there is a case sondi
for judgment this morning, hut we cannot gi
it until my brother IiAYLEY comes (who was t
bail in the Duchy Court). He will be detainee
where for a few minutes, but in the interim tie,
take such other, motions as the Gentlemen of the.
•
are ready with.

THE KING V. canna.
The ATTORNEY-GENERAL prayed theJudgm.
the Court on the Defendant, Richard Carlile.
had been convicted of a blasphemous public
the last Nisi Prius Sittings in the City cf Lando ,
An affidavit was put in relative to the number •
• price of the copies which had been sold.
The LORD CHIEF JUSTICE read his notes of
trial, in which he cautiously abstained from r-
the biaspherhous roaster contained in the liheh
Mr. DI.NMAN then rose and observed, that it
not his object in :•ow addressingihe Court, to
any thing in the way cf extenuating that offence
which the defendant had been convicted, or for
purpoe of mitigating' that punishment. which
Court might think peeper to inflict. His motion
this occasion would be in arrest of judTment.,
withstanding the advanced stage of atese
ings, and the peculiar and interesting native
.subject ; notwithstanding, too, his own peculiar k
Lion, in being called on at so late a period, to 31
himself to a subject of such magnitude; he felt
in accepting the tru-t, he was only fulfilling.
the most serious duties incumbent on a Cott,
Fortunately, it Would not be necessary far hira
very far, or to consume any gie:.t I e:tion of
Lordships' time. His observations wou:d be er;
confined to the question, whether or n. t tin
on the floor had been legally convicted ? He .
be able. as he conceived, to shew sufficient ,'ice:
to entitle him at least to a Rule to shew
judgment in this case should not be acre-t: .
point certainly appeared to him to be deo.
consideration, and, by the principle of law, • e
fenclant Was entitled to the benefit of any ::::jecti,
which could be raised at any period, however"
of the proceedings against him. In the present
stance, Mr. Carlile had defended his cause in his ot
person, and individuals so acting often had a conk
derable advantage. They sometimes brought
the review of a Court-of Justice, sentiments and
nions, which persons more conversant nith
prudence, and more exercised in habits of legs
cision, would not regard as capable of beier: cc:
died in the form of just or tenable propesh'-'
was, no doubt, the business of a Compel p
to follow his instructions, .But it was impossi
he should not reserve to himself some di co
addressing enlightened minds as to the ari;,
which he offered to their consideration.
might be past when it would he competent to
maintain before their Lordships, that to coristi
offence of Libel, it was necessary that it si:
directed against some individual. This princi
to be found laid down in Ccmyn's Digest
Pleas of the Crown ; but he was aware that the
had been accustomed, in numerous cases to r
as libellous, works affecting the character of
vernment, or the general administration of ju.
Such a position could net be, therefore, I.l—
whose professional experience made them carp-
half with the jurisdiction of the Court. It; however,
a doubt existed as to what Christianity was, it differ-
ent opinions prevailed, and if the law, within the
memory of man, had been changed in telathin to i.
it might become a matter for inquiry Whether the
Christian Religion, as now established, was that
which was recognized by the Common Law? lie
submitted this point generally, and left it for the
opinion of the Court ; but his next argument was, ht
presumed to think, worthy cf deep and ample consi-
deration. On a subject of such importance it was
necessary to speak guardedly, for they all knew how
extremely prone the feelings of mankind were to em-
barki themselves in questions of this nature. But, f
by the law the mode of proceeding, in this instances
had been improperly resorted to, it was his duty, oa
behalf of the defendant, to point out the original
error. His opinion was, that a different form of Pro-
secution would have been more fit, with reference to
the character of the publication in question and it
he could maintain that opinion, he should have lad
sufficient ground for his present motion. The objec-
tion had nothing to do with the defendant's ininaence
or guilt, or with any other question on the interesting
subject of religious truths. Ile was precluded hurl
taking up any such ground by the Stattite, the 9th and
10th of William and Mary, which defined certair.
offences, and preset tired the mode in which they shouM
be prosecuted. It was, however, with relation to 'de
Statute, he brought forward the present applicatiou•
He conceived
_that when the Statute was passed,
I.
was intended to supersede the common law, g ith re'
gard to all those offences which came within its pur-
view. Perjury was ildeed an offence both by the
common and statute law, but he should easily be
able to sliew the distinction lietween.that Statute and
the one on which he now relied. Them nas another
instance in which a misdemeanour still continued to
he equally cognizable in either point of view. He
meant the offence.of regrating and forestalling, whicit
was an of.ra.inre at commou law, but which was made
a statutable crime, by the 6th of Edward VI. (Here
the Learned Gentleman read the particular clauses iv
bottr...tirts, pointing out the distinction.) But tar
...tot of. the. 9th _and Illth William and Mary rr:
defined the offence, but annexed new and s ;c-
-ritic pinidties... This appeared to him to operate
a virtual' repeal of the
:See haw the Judges could resihne the discre
which they had before,. after the Legislatuie a
thus -interfered. Parliament would appear to I ea'
iliferferrti in Vain if the common law might sti I
resorted to. The case of felony did not apply to I •

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