Star.
London, England, 1821-05-22 00:00:00

Johnson' offering to surrender, .was the best proof of
identity that.cotild be given.
The LORD Cuter Jusrtcs doubted how far, after
the discharge of Joseph Murray Johnson, that offer
might be available. There was, his Lordship thought,
a great deal of length and breadth swearing in the
affidavits of the Johnsons ; and the absence of an
affidavit from the Attorney who conducted the de-
fence at Salisbury was a very suspicious circumstance.
Mr. CHITTY said, that the Attorney had quitted
practice, and now resided at Tunbridge.
The Loan CHIEF Jusrtca.—Tunbridge is not too
far to send to. •
It was eventually agreed that further affidavits
should be produced.
THE KING V. FRANCIS AND JAMES JOLLY. -
This was an, indictment against the Proprietors of
the Carlisle Journal, for an alleged libel upon the
Marquis of Queensberry. The paragraph complained
of appeared in the Paper of June 17, 1820, and• was
couched in the following terms:
It has generally been allowed, that of the three grand divi-
sions Into which our European dominions are divided, the Scotch
are the most provident, and the most averse to applying for pa-
rochial relief. This results from an honest feeling of indepen-
dence, which would submit to many privations before it could
humble itself to obtain that sustenance which its own labour did
not provide for. The pressure of distress, therefore, must have
been extreme, when, in spite of all these laudable prejudices both
of education and habit, in many of the parishes in the county of
Dumfries, the number of paupers have within these few years
been considerably increased. One reason assigned for this la-
mentable change is the throwing into one large farm several small
tenements which respectably maintained four or bye families in
decent comfort; the inmates of which, being thrust out in order
to make way.for the opulent holders, are obliged to become ser-
vants or cottiers to the latter. Thus a grade to pauperism
formed, that continually slopes in geometrical descension, until
that living grave of independence, a parish workhouse, closes
upon them, and swallows up all self-respect and that pride and
nobility of heart, which is the best assurance foe moral and
political virtue.
" --- The man of wealth and pride
. " Takes up a space that many poor supplied.

" Good Heavens ! what sorrows gloosn'd that parting day
_ " That card them front their native walks away !
" When the poor exiles, ev'ry pleasure past,
" I lung round the bowers, and fondly look'd their last!" ,
" This pathetic description by the patriotic Goldsmith parti-
cularly applies to what has just occurred in the parish of Cum-
mettrees, Dumfries-shire, by order of a certain Noble Marquis,
who, determined to expel the small farmer from one of his
estates, Which forms the greatest part of the parish, last week
ejected five or six families from their domiciles, which be
burned to the ground. The poor tenants neat day obtained
shelter in Annan. _ . .

" We make no comment upon this. We merely give it as an
article of intelligence : the Noble Marquis or his Agents may
possibly be enabled to justify this emir's of proceeding; but in
the meanwhile we suspend our opinion.. It may be proper to
add, that an aged tenant and his wife were so affected at the
sudden change of their prospects, at being driven from the place
to which their heart-strings were attached, that Nature gave way,
and the hollow grave, more compassionate than man, received
below what was ejected frdm above."
The cause was tried before Mr. Justice BEST, at
the late Carlisle Assizes; and the Jury found the de-
fendants Guilty.
Mr. COURTENAY now prayed judgment.
The defendants, in mitigation, put in their own
affidavit. They denied having written the article
themselves; ascribed it to a correspondent from
whom they were in the habit of receiving intelligence,
and offered to give up the author. They further
stated, that the first notice which they received of the
displeasure of the Marquis had been conveyed in the
shape of indictment ; complained that their offers of
reparation had been rejected, and concluded by an
appeal, upon the score of their families, to the consi-
deration of the Court. • _ _

On the part of the prosecution, the Carlisle Journal
of the 3d of March, 1821, was put in. It contained
a rei,ort of the trial of the indictment, to which was
subjoined the following remark :—" The Proprietors
of our Paper have been tried and found guilty of a
libel upon the Marquis of Queensberry. Which of
the parties are most degraded by the proceedings we
will not say. It has two other tribunals yet to come
before—public opinion and the DEITY."
Mr. ALDERSON rose in mitigation of punishment.
Without intending for a moment to justify attacks
upon private character, he did not think it necessary
to waste one word upon the matter which had just
been adduced in aggravation. Of private animosity
towards the Marquis of Queensberry, the defendants
were not accused ; of political animosity they could
not even be suspected because the Noble Marquis
had no political character whatever ; and, but for his
rank, his influence, and his station, would have been,
in fact, altogether unknown. Very few observations
as to the nature of libel would, be sufficient. It im-
puted to the Noble Marquis no individual act.of vio-
lence or of inhumanity : it came from a source in
which the defendants were accustomed to place con-
fidence. The defendants had imagined—probably
they were mistaken—but they had imagined that to
sweep away a whole mass of poor but independent
people, and to place them as servants under the
dominion of a master, was of course prejudicial to
the interests of society. They had thought that small
tenantry formed part of an advantageous system ;
but they had forborne from• comment : they had
stated a fact, and waited (to use their own words) to
see whether the Noble Marquis or his agents would
justify what had been done. When he said "stated
a fact," he (Mr. Alderson) believed it was agreed
that there was some foundation for part of the para-
graph complained of—some small tenants had been
ejected from the estate.
Mr. Justice BAYLEV.—You are aware, Mr. Alder-
son, that the libel is charged to be false.
Mr. ALDERSON observed that there was a difference
between charging-it to be false, and charging it to
be entirely void of foundation. .
Mr. COURTENAY, in aggravation, dwelt upon pub-
lic peace and private character.
Mr. Justice BAILEY, after commenting upon the
nature and effect of private libels in general, sen-
tenced the defendants to three months' imprisonment
in the custody of the Marshal of the Marshalsea ; and
to find sureties for their good behaviour during three
years, themselves in £2OO, and two sufficient persons
in £lOO each.

At one o'clock the Jaonp Cams JUSTICE went to
Guildhall, to sit at Nisi Prim.

ARCHES COURT, MAY 19.
JONES, FALSELY CALLED NASH, 9. NASH.
This was one of those causes which are so frequent
under the present constitution of the Marriage Act.
—lt was a suit of nullity of marriage, by reason of
minority, and brought by Abigail Caltr y Jones, falsely
called Nash, against William Nash, her pretended
husband. The libel set forth that the lady was born