Star.
London, England, 1810-11-13 00:00:00

.
sad stall kto your Lordships that he acted may in
the exercise r,l a right. That he had a right to call
together this asF'..mbly, for the purpose of judging of
L,Yrd Castlereagh, 'and that in the exercise of that
right he mo.,t magnanimously gave to Lord Castle.
reagh a tair opportunity of defending himself; that
if Lord Castlereagh did not appear before this tribu-
nal ind defend himself, it was his fault, and that he,
the defendant, did no more than his duty in delivering
to the public the result of those discussions. Your
Lordships, in this Court, will always support the
rights of all the subjects of this country. Your Lord-
ships will also redress.the wrongs which they sustain,
and if that which the' defendant insists upon as a right
be indeed a right, your Lordships will support him
in the exercise of it. If, on the other hand, it be not a

right, but Lord Castlereagh has sustained a wrong by
the conduct of the defendaut, your Lordships will
visit him with a wholesome punishment, and that pu-
nishment will. be the mole severe because he has in-
sisted upon it as a right. What right is this which the
defendant insists upon ? That seeing in another pub-
lication, a gross and foul slander against' Lord Cas-
tlereagh, but thinking well of the editor of that paper,
he feels himself justified to call upon Lord Castlereagh
upon a bill of indictment, as he would state it, found
in The Morning Chronitle, to answer before a Jury as-
sembled at the British Foriirri, and defend himself
against those foul and calumnious charges which the
Grand Jury, The Morning Lhronicle, states him to have
incurred. The Editor of the Morning Chronicle states,
4 You, Lord Castlereagb,have abused your office to pur-
• poses of brpression—yoti havy unjustly pronounced
' a sentence against Mr. Finnerty, and have carried
4 that sentence into execution. You are sound, more-
' over, by this indictment found in the Morning Chro-
g nicle, that you, the Minister of Ireland, sent to exe.!
• cution a Mr. Orr, convicted by false verdict of a
g Jury,although he was known to r u to be inno-
• cent, and notwithstanding that tlO Judge who tried
▪ him represented to you that he believed him to be
4.innocent.' These charges, says the Defendant, are
found eigainst you, in the Bill of Indictment preferred
in the Morning Chronicle, and I call upon you before
my. tribunal, the British Forum, to answer these
charges.. I tell you, you will have a fair trial before
the public, who feel horror and indignation at the
crimes which you have committed. I tell you, (the
mockery of expression he uses is) if the gentle Lord
Castlereagh can prevail upon himself to appear before
this tribunal, he will be patiently heard ! Patiently
beard ! By whom ? By all those,-who at the expence
of; shilling a-piece, actuated by mischiet or malice,
curiosity or personal enmity (and what man is there
in public life who has not enemies ?) against Lord
Castlereagh. I call together all these to the assembly
which I have advertised, for the purpose of precent-
ins to an enlightened public the judgment that a Jury
so called together shall give upon this charge exhi;
bited against you. And I give you notice, that you
are welcome to appear and defend yourself igainst
this charge, and that you will have a fair trial. Does
a person capable of uttering such an address as the
Defendant has uttered to-day to your Lordships, does.
be seriously imagine he can impose upon your Lord-
ships so far as to make you believe, that he looked to
a fair impartial discussion of Lord Castlereagh's con-
duct at this meeting, this mock tribunal ; this self-
constituted and illegal (Court I was going.; to say)
Assembly, for • such it most Unquestionably is ? I
will not enter into a discussion of what the object,
'ilat the intention, what the view of the Defendant
(who calls together and presides over the Society)
maybe ; but I have no difficulty in stating to your
Lordships that in the manner in which it appears
upon this record to have been conducted, it is a most
scandalous and infamous assembly. It is an assern-1

bly that invites the enemies of those whom it charges
With criMe to come forward and utter their slander
♦gainst the person accused. It is an assembly which,
is thii instance, gives out to the public, as the result
of a fair and candid discussion, that which is, in truth,
nothing else but an -addition to the weight of that
slander which had been published before in the Morn-
ing Chronicle against Lord Castlereagh ; and I do
not think that it is possible, by any observations to be

made upon these papers, to aggravate the offence of
the Defendant, or to convey to the minds of your
Lordships, or to any who may hear them, a stronger
idea of the mischievous blander, than the mere pe-

•
rusal of them must convey. How are they worded?

In the first place, the publication of such a question
is in itself a gross libel. Ought •my Lord Castle-
reagh's conduct towards Mr. Finnerty, during the
* late Expedition to Walcheren, to be approved as a
6 salutary measure of precaution to preserve order
• and discipline amon his Majesty's forces, or repro-
* bated as a fl ►grant infringement upon the liberty of
• a British subject, and a cowardly act of oppression
d against =innocent individual r Shall it be permit-
ted to any man to call together a multitude for the
purpose <I discussing a question ptoposed to them,
whether one of their fellow subjects,' placed in the si-
tuation in which Lord Castlereagh then was placed,'
bad been guilty of soloul an offence as is imputed to
Lim, at least hypothetically imputed to him, in this
Question so pot. How do they proceed The
statement of Mr. Finnerty's treatment by Lord Castle.
reagh, as it appeared in the Morning Chronicle of
Tbursday, the 23d instant, has been read with the
most lively emotion, and has excited universal asto-
nishment and alarm." , Then he goes on—"lf the

gentle Lord Castlereagh can muster sufficient confi- I
den"ce to venture into a public Assembly, of free and
independent Englishmen, he may rest asgured that he
shall have fair play." Now; youriordships will bee
vi:hat fair play in this mjack tribunal LordCastlereagh
was likely to meet with" there is nothing for which
the Managers-of this institution more ardently long,
than an opportunity of tueeting his Lordship and his '
adherents tace to face, and • hearing them vindicate'
their character and conduct before this society. Now,
how is that expressed ? " before an outraged and in=
suited country," so that they go first to the decition,
that Lord'Castlereagh, by his conduct, has outraged
and insulted the country—and then they call Lord
Castlereagh before this outraged and insulted people,
to address them, and persuade them thit they have al-
ready come to an erroneousjudgment upon the subject.
Now, that is the first publication. What is the
-.tes, 14 that last
and malignant
.d present import-
defacing the bills,
several No-

of the calumny, and of him who only adopts it.
My Lords, that depends yery much upon .the cir-
cumstances—l am of opinion, in this case, that the
offence of Mr. Jones has about it all that can be im-
puted to the author of the letter in The Morning Chrr
and also more, that was the pUblication of what
Mr. Finnerty chose to consider as a charge against
Lord Castlereagh—for that Mr. Finnerty is to answer,
but the defendant who now stands before your Lord-
ships for judgmeqt, could not read that publication
of Mr. Finnerty's against Lord Castlereagh without
seeing that it was a gross libel upon his Lordship—he
could not be ignorant of that—but seeing that it was
a gross libel against Lord Castlereagh, and not pre-
tending himself; I will not say to have received any
injury, but to have suffered any thing at the hands
of Lord Castlereagh, he voluntarily, unconnected
with the transaction himself, chuses to call Lord Cas-
tlereagh before his tribunal at this British Forum—
repeats the charge against him—tells him that the
public are outraged at the offence which is imputed
to him, and calls upon him to defend himself—and
ultimately convicts him of all the offences which had
been imputed to him in that paper 'in The Morning
Chronicle. Mr. Finnerty, in The M-,rning Chronicle,
pretending to think he had been injured by Lord Cas-
tlereagh, states the grounds of that injury. Mr.
Jones, at the British Forum, repeats that libel, which
was stated in The Morning Chronicle by Mr. Finnerty
—he was no party in the business himself—he thrusts
himself into it—he volunteers as the manager of this
debate—le calls together persons of a certain de-
scription to discuss whether Lord. Castlereagh be or
be not guilty of these charges—be serves a summons,
a mock summons, upon Lord Castlereagh, to attend
this trial, which he knew Lord Custlereagh must be
mad if he or any of his friends attended, and then,
because he does not attend, he pronounces judgment
of conviction against him, of all these.foul charges
which were contained in I;4e Morning Chrenielr.
My Lords—lf your Lordships can find any thing
in any of the topics urged by the defendant, which
will, really go in extenuation of this offence,' am the
last perion who would desire to take from their effect.
11- any thing that he has slid relative to this institu-
tion of his--relative to the paper published in the
I Morning Chronicle—relative to his belief of the truth
of that paper upon the credit of Mr. Petry, the Ldi.

. . ,
blemen 'and Members of the If use • of.COmmons) , toe of the Moraine; Chronicleassansi;Lhope it will bet
attended, and, after a very interesting debate, the ; a lesson to Mr. Perry himself, how he safe's such
opener was about to reply, when a gentleman, intl. 1 üblications to pass into his paper again, when he
lir
mately and personally cnecerned. entered the room, , s that his name is of such credit with a part of
and having pledged • himself to attend on the nest c" . ,publie, that what he peblislies is taken to be in.
evening, and either (len the debate or take aspart controvertible fact, and that persons of a certain de:
in the discussion, the question was, with the consent scription. think themselves justified upon :he credit of
of a large majority, adjourned." Then it says, "Lord his name to retail any thing that appears in his paper
1
Castlereagh or his adherents are peremptorily sum- —I hope it wilt be a lesson to him hereafter to be
moiled to attend, and prevent, if possible, his charac, , careful of what he sloes publish ; but, if your, Lord-
ter from being consigned to everlasting infamy and ' ships think, than that does extenuate the offence of
disgrace." My Lord, it is time that this gentleman 1 Mr. Jones, your Lordships will giveliini the weight
and they who have not yet learnt it should learn their !it deserves. In my mind it appears at least not to ex-
duty. It is time they should learn, that no man, , tenuate—it seems rather to give countenance to an
consistently with his duty to tie public and to the idea which lam sure the Court will never encourage ;
law, can thus, without authority, call another before namely, that that offence which one man has com,
this mock—this self constituted tribunal, to answer to mitted by a publication another may. without incur-
supposed charges exhibited against him, by men who ring much additional guilt aggravate in another pub-
have no authority whatever over his conduct, or lication, for that is the effect of the doctrine that the
power to inquire into it—and whose accusations can defendant contends for.
be referred to nothing but malignity and ill will ; lam reminded that I have not stated to your Lord-
nor, notwithstanding all ilia the defendant has said ships the third placard, nor indeed have I read the
of this Society, can I attribute the conduct of those latter part of the eecond ; but it is in yens Loniships
Who have acted in it to any thing but malignity and remembrance, having been read. by the °dicer et the
ill-will against Lord Castlereagh. The defendant court, what he says respecting the exectitien of Orr
has told your Lordship that he knows not Lord Cas. under the administration of the Noble Lord, which
tlereegh, that he owed no personal spleen against excited in the audience visible emotions of horror and
him ; therefore, because he knows him not, Ido be. disgust. In the third placard, lie states that not a,
lieve that it is not spleen against the person of Lord hand was held up for Lord Castlereagh ; why. to be
Castlereagh, but I do believe that it proceeds from a sure not, and although we hear from the defendant
desire of attacking the public character of Lord Cas. to-day that there were several persons there who spoke
tlereagh. I do believe that it proceeded from a desire. in favour of Lord Castlereagh, and we are told by
of pulling down in the public estimation, without any him that Lord Castlereagh had a fair discussion of
knowledge of the facts to which this advertisement the merits, yet the placard tells you not a hand was
refers, the character which Lord Castlereagh has ob. held up in favour of Lord Castlereagh, which might
tamed with the public. Ide believe that the object well be expected..
of it was to fix upon Lord Castlereagh the imputa. I was stating that, if your Lordships found any
tion of having grossly violated his duty as Secretary thing in any pert of the address of the defendant that
of State. Ido believe it had for its object to fix upon ought in justice to extenuate the jedgneent yeti shall
Lord Castlereagh the imputation of shaving (when it pronounce against him, lam sure you will give it its
falsely stated that he was the Minister of Ireland) due weight.
unjustly promoted 'the execution of Mr. Orr. I be- The defendant has mentioned that he was impri-
lieve that the object of those who called together snned on another account, by the sentence of another
this assembly to ths debate, was to fix these imputa- tribunal, and he thinks it would have been More be-
tions upon Lord Castlereagh, and to lead the unwary coming Lord Castlereagh, that it would have been
to believe that a fair discussion of the question had more magnanimous, if considering the effect of an
taken place at this assembly, whether Lord Castle- - imprisonment which lasted four months, he had not
rsh rea e was or wa, not guilty of those offences thus im-
enstituted this prosecution.
puted to him; and that after that fair discussion, be- My Lord, it is a bad excuse of a man when he' is
fore what the defendant is pleased to call an enlight. called to answer for committing of one offence, that
cited public, Lord Castlereagh had justly been con- he committed another which subjected him to incon-
victed of those offences. That was the object of venieuce, that that should render the legal consequen-
those who called this assembly together ; and will ces of this still more. lenient to hint thaa it otherwise
' your Lordship say, Ido not ask whether you will .would be. It is hardly worth stating to your Lord
-
say, that this can legally be done ; but will your ships, that this indictment was preferred when that
Lordships say that it is any extenuation of the offence imprisonment, which the defendant speaks of, was
of the defendant, that he saw these charges published not a week old ; but be that as it may, your Lord-
in the Morning Chronicle, and therefore thought him- ships will not think that a libeller ought the less to
self justified to call upon Lord Castlereagh to answer be punished because he is not now for the first time
them before this jury assembled, as he had assembled called upon to answer for a libel. :Your Lordships
it by his placards, at the British Forum ? Is it any will not think that he who trades in a particular
extenuation of this wrong, which he has offered to offence ought the less to be called upon to answer for
Lord Castlereagh, that he insists he had a right to any particular act of offence, because he has commit-
do what he did ? Will your Lordships say that a ted many others of the same description, and has been
less severe sentence ought to be pronounced against called upon to answer for them. I find nothing of
the defendant, for the offence which he has commit- extenuation "in'that argument. If I eiose to search 1
ted, because, in. his defence, he insists that what he it, I think I should find much of aggraV:ition ; but
did he had a right to do ; and from his so insisting, all this is for your Lordships' consideration. The'
your Lordships must collect that he will do it again, offence which the defendant has committed appears
Mr. John Gale Jones.—l have certainly by no to me to be a very grave and serious offence ;—itap-
means insisted on the right. pears to me to be more grave and serious, and to call
Mr. ATTORNICY-GENERAL.—I understand you, and more imperatively for your Lordships' Attention, from
I am, and always shall be exceedingly glad to be cot- that which the defendant has urged—l will net say
rected by a person standing in the defendant's situa- in defence, but in extenuation of it—because, as far
tion, if, in making any observations open his case to as I can form any judgment, every topic that he has
your Lordships, I have misconceived, substantially, urged, hoping thereby to induce your Lordships to
the ground upon which he has put it. I had certainly pass a lighter sentence upon him, has added to the
collected horn thy general texture of/the defendant's magnitude of his offence, and has either shewn that
address to your Lordships, that he thought that this he was proceeding (which he disavows) hem a &she
assembly which he called together was rightfully con- of injuring Lord Castlereagh, or it shows that he is
stituted, and that Le had a right lo to call them to- defending himself upon principles Which, if they are
gether. That may be qualified, perhaps, by the pur- not checked, may hereafter be most dangerous to-the
poses for which they are called. country.' With these observations I leave the case
But what then has been said by the defendant in to your Lordships, fully satisfied that the punishment
extenuation of his offence ? He says, lie thought will be commensurate to the extent of the guilt -- that
that which was contained in the Morning Chronicle it will not go beyond it. lam the first to desire that
was true, and he conceived • that there is a great dif- it may not go beyond it—but that it may come up to
the measure of it.
ference between the offence of him who is the author

Lord ELLENBOROUGH—Let the defendant be corn-
mitted to his Majesty's -gaol of Ncegate, and be
brought up this day fortnight. •
TILE KIN V. FINNERTY.
Mr. ATTORNEY GENERAL stated, that he was in-
structed to pray the judgment of the Court against
Mr. Finnerty.
Mr. CVRWOOD stated, that he had an afEdavit just
put into his hand, that the defendant Finnerty was in
Dublin, and had not yet been able to reach England,.
but was expected daily.
The ATTORNEY GENERAL agreed to a few days
postponement.
THE KING O. HOUGHTON.
The defendant, who is the Colonel of the Halifax
Local Militia, was brought up to receive judgment,
for an assault on a Mr. Norris, of Halifax. The cir-
cumstances 'of the case were briefly these;—The de-
fendant, on the assembling of the Local Militia in May
last, had issued strict orders against any soldiers lap..
in g found out of uniform during parade hours. A
soldier in the service. of Mr. Norris had come within '
the offence, and was put in confinement. Mr: Norris
applied for his release, and obtained a promise of it
from the Colonel ; bug the soldier having been visited•
in the guard-room by Mr. Norris, and growing inso-,
lent on the promise of g..lting out, Cie promise WAS
revoked. This produced some altercation at the door
of the mess-room, between the Colonel and Mr. Norris.
They parted for the moment, and Mr. Norris was
going down stairs, when Colonel Houghton followe4
him, called him .some rash names, and struck him se-
veral blows.
MT. AINSLIE addressed the Court in extenuation,
and Mr. PARK in behalf of the prosecution.
Lord Er.i.smionouctrobserved,that it was esti emely
to be regretted that the offer of accepting a due alio.
logy had not been embraced by the defendant. It was
painful than respectable men, and neighbours, should
bring their quarrels into litigation. Here both par-
ties were in a certain degree wrong, but the defendant
was undoubtedly much more se than Mr. Non-is,—
His Lordship then sentenced Colonel Houghten to
pay a fine of 'SO, and give security to keep the peace
tor three years, himself in fall, and two sureties in
£lOO each.

-LIBERATION OP FRENIII FRISONEEL
Au .lifoymittioa filo& against Henry' Proctor, I

*text' It repeats the question. It state
Vlonday, notwithstanding the mean. al
.0% - attempts to stifle the discussion of the pi
•\ ant question, by tearing down and defit
a.Frovtdc4 lissemblgurnon* Whom we
' •