Star.
London, England, 1820-01-15 00:00:00

WARWICK SESSIONS.

: . 'I

Tuesday evening, the Grand Jury returned true
bills against the following persons:

Thomas Wells, for uttering seditious words at Birmingham.
Joseph Haynes Brandin, for uttering and publishing a sedi-
tious Address to the lie,nrmers of Birmingham and its vicinity.
John (haws or, Bookseller, for publishing a seditious Tract,
entitled,. " Tke Twelfth Number of the Black Book."
George Pilmonds, Bookseller, for a Libel es the Magistrates
of Birmingh-m.
George Hogg, Bookseller, two distinct indictments, for pub-
lishisg the 12th Number of " The Black Book," and the eth
Number of " The Republican."
Charles Whitworth, for publishing a seditious Address to the
Union Society of Birmingham.
These indictments, with the exception of that
Against Thomas Wells, have been removed by certio-
rariiato the Court of King's Bench, and will be tried
next Lent Assizes.

This was an action against the
,defendants to re-
cover the price of twenty-fire pipes of Port wine,
under the following circumstances:—The plaintiffs,
who are brothers, were Portuguese merchants, re-
siding at Oporto, audited, in the autumn of 1818,
transmitted the wine-in question-ti their factors, ii.
this country, Messrs. Burmester and Vidal, for sic.
The latter, instead of disposing of the wines, in pur-
suance of their instructions, dealt with them as their
own, and bartered them with the defendants for
sixty-five puncheons of rum, making up the differ- Tun KING a. MILLS.
ence between the value of the latter and the former The defendant, Thomas Wells, was indicted for a
by a cash payment. Messrs. Burmester and Vidal misdemeanour, in speaking seditious words.
exported the rum, on their own account, to the COII• To this the defendant pleaded Guilty.
tineira without rendering any account of the wine to On the Ist of January last, the defendant. with
the pktintiffs • and having afterwards become bank- seven or eight other persons, of whom three or fcur
raptt. the Plaintiffs brought the • present action were soldiers, was drinking at the Star public-house,
against the defendants to recover the amount of the in Birmingham, and was much intoxicated. The
wines; and the question under these circumstances offensive words were Confusion to the King and
was, 'whether the defendants were•liable? It was ad- the Government ! If I had a number of men of my
witted on.both sides, that the case was entirely new, own disposition, I would lay him as low as a vagrant
and the point was, whether, reasoning from anal. that walks the streets." On one of the soldiers say-
logy to the ordinary case of a factor selling for his log to Wells, that he must not use such language
principal, the circumstance of this being a.,barter I while he was present, the defendant added—" D—n
transaction, varied the principle on which a factor you and the King toot I cannot curse him, but I
could not pledge the goods of his employer? hope Goo may."
The CHIEF JUSTICE, in charging-the Jury, sald,i The Learned CHAIRMAN animadverted at some
tllat there was no principle of mercantile law mote length on the evil tendency of such expressions, and
clearly established, than that a factor could not on the danger that was likely to arise from using
plonigt: the goods of his principal. This, however, ' them in public-houses, when the minds of people
was n-. a case which fell within that rule. He who were not upon their guard.
takes goods from a factor in the way of pledge, must ! The Court sentenced Wells to three months' im-
take them at his peril. Where a factor bona fide sells, prisoament in the County Jail.
his principal must be bound by the sale, under what- The Court expressed their approbation of the con-
ever circumstance it takes place. But undoubtedly t duct of the soldiers, who, they said, had acted very
this was not the ordinary case of a sale by a factor properly, and had done their duty.
en behalf of his principal, and, therefore, the ques- CHESHIRE QUARTER SESSIONS, JANUARY It.
nuns for the consideration of the Jury were-Ist,
On Tuesday last commenced the Quarter Sessions,
Whether, at the time this transaction took place, the
for the County of Chester, before TRAFFORD TRATH
defendants had any reason to suppose that. Burmes- , .
FORD, Esq. 'Chairman, and a.full Bench of Justices.'
ter and Vidal were factors, and had no right to deal
There are nearly seventy. prisoners for trial. The
with the wines as their own? for if the defendants
proclamation for the Suppression of Vice and Immo-
had no reason to know that those persons held the
rality,. was then read, when the Chairman addressed
wines as factors, but, on the contrary, believed that
the Grand Jury to the following effect:
they were their own, undoubtedly they would not be
"
liable to the plaintiffs : but, on the other hand, if Gentlemen of the Grand Jery—lt is with extreme
they were aware of the real circumstances of the regret I hate to notice the great number of criminal
appear to mo, that the cases are such as
,:ase, the plaintiffs would be entitled to recover: and, cases contained in the calendar; and I am sure, in
I.dlv. Whether this was a transaction out of the or-
this regret, you will sincerely participate; but it
Binary course of trade, even in cases where a factor does not
require any particular directions from the Court.
ad a right to deal with the goods of hit principal as will
There are certain
. charges, however, which involve
fa own? A factor had rlo right to deal with the
foods of his principal out of the ordinary course of the offences of sedition and blasphemous libels.
Lusiness ; and he who dealt with a factor, not audio- which will, perhaps, require your particular atten-
yiied by his principal so to dispose of his property, lion. On the subject of such libels, I cannot, pro-
way the Jury should find, upon these questions their bablv do better than by reading to you Mr. East's
must be liable to all the consequences. 'Whichever
definition' of them, in order the better to direct your
cadict must be governed.
judgment. (The learned Chairman here quoted se-
The Jury retired for about half an hour, and found rural passages-COM Mr. East's work, as to what es-
pecially constituted a seditious libel, either by writ-
fcr the defendants.
ing or speaking, as by expressions and threats, to
EXETER SESSIONS. disturb or overturn the Government; and acts con-
At our City Sessions, held on Monday last, before sequent thereon, not amounting to overt acts of high
the Maio', WILLIAM COURTENAY, Esq. Recorder,.
,treason, &c.) Gentlemen, you cannot but be ac-
and the Justices of the City, James nicker was tried /painted with the recent events whick have transpired
for publishing a blasphemous libel, in the form of a in this and other Northern Counties—.events which
Parody on the Catechism. have thrown an indelible disgrace on all who have
Mr. TANCRED and Mr. COLERYDGE conducted the participated in them, and called forth the well-de-
prosecution.—The prisoner defended himself. -served execi ation of every Englishman, and friend
The libel was theft 'proved to have been purchased to the principles of the Constitution. There are, in
at the defendant's shop, of the defendant himself ; this country, Gentlemen, a fewanen of desperate for-
znd the Prayer-book, in the custody of the Dean and tunes,whoaspire at popular consequence, as the means
iChapte,g, under the Act of Uniformity, with the great of bettering their condition in life. Having no moral
teal appended, was produced. This closed the case or religious principles themselves, their first aim is to
ea the part of the prosecution. destroy moral and religious principles generally, in
-1-4'endant expressed his wish not. to trouble those whom they seek to render subservient to their
with reading the libel, and it was handed purposes. For effecting this object, the present period
but not read. of uncontroulable distress, is seized upon ; supposed
!ndant then addressed the Court. He pro- grievances are pointed out, which sever existed, and
varm attachment to the Christian Religion, remedies which never can, or •wrere ever likely to
that had he been permitted, he would avail, are suggested. The constitutional authorities
sited an excellent work, in a cheap form, of the kingdom are then assailed; and Judges, even
of it. He did not say a word in defence in the very sanctuary of justice, have been publicly
I itself; but merely contended, that Hone, treated with indignity; the law has been ridiculed
it publisher, having been acquitted, it was and broken ; its sacred threshold has been polluted ;
lect him, the Mere vender: that it was the and the ancirst institutions of this proud country,
lo ought to be made responsible; and that have been reviled, and treated as subjects of the
be latent of Delr..Fos's Libel Bill, on which most gross and disgusting ribaldry. But, Geode-

• •
men, the work of lawless a; arch y did not end Per*: geode of NNW freilvect of oppression, and, on the
blasphemy was resorted to; and attempts_made to I other hand, of some farther preparaticin for hosti-
alienate Man from his MAKER 1 and, to my personal ! lity. The People of England and Scotland ate evi-
knowledge, these machinations have been bit too dently awakening to a sense of duty : preparatitins
successful. The mind, thus deprived of all principle, for resistance are every where making : Resolutions
is reduced to that wretched and degraded state, best to'that elect are nobly avowed. Already, methinks,
calculated to receive the worst impressions. The lam stunned with the thrilling cry of—' Dekh or
chiefs of the incendiaries, fearless of punishment Liberty; ema nant from thousands in arms, determined
themselves, hold to their miserable, dupes, hopes to live or die as freemen !" This is signed R. Carw
which can never be realized. They deZeiye them by lile ; the•tecond count, signed It. Smith, addressed
asserting, that all property should be equalized ; that to the Editor of The Republican ; the latter part in
taxation is an unjust oppression, and therefore should • terse, viz. " If you think the following worthy of a
not be attended to; that the laws to which. they place in The Republican, rya will, by inserting them,
themselves have not assented are not binding, but oblige me, who really prize your valuable work,
merely optional ; and the remedy which they hold and hail it as the morning Star of Freedom—an opt.
out for this catalogue of grievances, is what they nion which is held by thousands, as well as by your
terra Parliamentary Reform ; which they explain by constant Reader, R. Smith, No. 2, Rutland-place,
an Universal Suffrage, and by Annual Parliaments, Upper Thames-street, September 28 :
which can alone effect this Reform. y "ACROSTIC.
" For these unheard-of privileges, they are taught " Brave sons of Albion, sleep ye in this hour?
at first to petition ; and if not granted, the watch- Rouse, and destruction on your tyrants pour;
Infernal bloodhounds now new chains prepare,
word then is, • Free Representation or Death !"The They spread- e'en now for you the fatal mac !
process of accomplishment-is thus defined by regular Off with your fetters, spurn the slavish yoke,
progress. Clubs are first instituted, which soon be- Now, now, or never can your chain be broke,
come organized Societies, with leaders at their head, Swift tiles rise, and give the fatal stroke !
who give lectures on ideal grievances, and read ex • Try very effort—like the whirlwind's force
Or furious lightning, shape your vengeful course:
tracts from blasphemous and seditious publications.•
At once resolve to conqwer or to die
Itinerant Orators traverse the country, collecting Revenge, revenge—let this like thunder ay
around them immense crowds of idle people, whom 'Midst your firm ranks, and glorious victory
they address iniinflammatory harangues, and whom - Shall wait your steps, and England shall be freer
they well know, from their ignorance and want of The defendant pleaded " Not Guilty" to each ins
education, are unable to detect the contemptible so- dictrnent.--Counr —Will you try now ?
phistry of their reasoning. I need not tell Gentlemen Swann.—" I can't give an answer to that question
of your information, that Universal Suffrage and now. Just hear me for a moment or two. I'm to
Parliaments annually elected (annual Sessions of-Par- be tried for what I know nothing of."
'lament we already have) are unconstitutional ; that COURT.—" You may traverse if you please till
the equalization of property is manifestly unjust ; and nett Sessions; if, however, you mean to try now, you
that the temporary distress which pervades the coun- shalihave time co prepare yourself.'
try, does not depend upon an Administration, but is Swann.—" But I wish to ask you a word : when
the effect of a distress unfirtimately correspondent I w:is taken up, my wife was taken up too. I wish
on the European Continent. I need not also tell you, to know what is become of her, and where she is ?"
that Taxes are necessary for the support of the Go- Counr.—" We have nothing to do with that."
vernment, for the administration of justice, for the Swann was then removed from the Bar.
support of our trading, commercial, and foreign con- After some matters of minor importance had been
'lemons, and, in short, necessary for the very exist- gone through, the Court adjourned till nine o'clock
ence of the Nation itself. Above all, let us never next morning.
forget, that Religion is our duty, and most essential WEDNESDAY, JANUARY 12.
to us ; not only as all our future hopes depend upon This day, Joseph Swann, Robert Swindells, Joseph
it, but even in our temporal concerns, and in the Burtenshow, John Stubbs, John Richt, ds, and Joseph
due administration of that justice in which we are Sutton, were indicted for conspiracy and sedition.
this day engaged. These are the celebrated Macclesfield mob orators,
" Having said thus much, Gentlemen, on the pre• who exhibited there on the 31st July last. Their
sent state of the country, I will now proceed shortly trial commenced about one o'clock, and continued
to mention to you, the Enactments which have lately till six, when they were found Guilty, on the clearest
passed both Houses of Parliament, to correct the only testimony.
real grievances that exist ; which I will do in the best
manner my abilities will permit. The first, Gentle-
men, is an Act to prevent the training of persons to
the use of arms, and to the practice of military elm•
lutions and exercise ; but as this, happily, does not
connect itself with this part of the country, I shall
forbear entering into any detail respecting it; ands I
think I may likewise pass over another Act, empowee-l:
ing Magistrates to search for and seize arms on the
same grounds. The third more especially concerns
us by the 3d Section of this Act, " to, prevent de-
lay in the administration of justice in cases of mis-
demeanour," it is enacted, that persons in custody
for misdemeanours, or held to bail within 20 days
before the Sessions, shall plead to indictment, and
trial shall proceed, unless a writ of certiorari be de-
livered. Heretofore offenders were allowed to tra-
verse ; that right no longer exists. The certiorari
may be applied for and issued before such indictment
has been found. The fourth Act of Parliament re-
cently passed is, for " more effectually preventing
Seditious Meetings and Assemblies," and is to be in
force five years, reckoning from the 24th of Decem-
ber last. It confines the Meeting to be held to place
and numbers. No more than 50 persons are per-
mitted to meet, except at County Meetings, kc. un-
less in separate Parishes or Townships : in which case
a notice is to be given to a Justice of the Peace by
seven Householders, such Justice having the power
to fix any other time, not exceeding four days from
the day first propesed: but no person is permitted to
attend, unless he be a resident, under the penalty of
being punished by fine and imprisonment, not ex-
ceeding twelve calendar months. I have thus stated
to you, Gentlemen, the bearings of those recent Acts
of Parliament which more especially concern us.—
Should any difficulty occur to you in the execution
of your important office, the Court will readily afford
you all the assistance in its power."
The Jury then retired to their r oom.
Joseph Svann was then put to the bar, and ar-
raigned on three, indictments, charging him with
publishing and uttering seditious and blasphemous
libels.
The first charged him with publishing, icc. and
intending to blaspheme Almighty GOD, and dispa-
rage the Christian Religion, on the 27th of Novem-
ber last. The libel vino in the form of a letter, signed
J. B. Smith, and addressed to Carlile, to this pur-
port :-.•64 Before the People can be blest with and
cordially receive a perfect Government, and a pure
and equitable code of laws, they must reject the Bible.
as being the word of GOD, and also totally disbelieve
the divinity of CHRIST: for, while they are inflexible
in the Christian faith, there is no possibility of esta-
blishing equitable laws, or ever acting in a private
way justly towards each other ; for till the doctrine
of the Bible and New Testament is subverted, and
where nature is destroyed, no perfection can possi-
bly remain. I was in my youthful days taught to
read the Bible, and I continued to read and revere
it more than twenty years ; and was as tenacious of
it and the Christian Religion as any could be, except
at some few short intervals, when the reason that na-
ture had given me was allowed to act ; but priest-
craft has carefully provided a sufficiently powerful
enemy to defeat the eforts of this divine light of az-
ure; at last I had the courage to read The Deist and
Paine's Agee Reason. And Ido most affectionately
entreat all my fellow-countrymen to thrbw far from
them that book, which scarcely contains any, thing
but blasphemy, profaneness, lies, and unequalled ab-
surdities ; and read attentively The Age of Reason
and The Deist, which are books replete with perspi
cuous truths."

THURSDAY, JANUARY 13.
SENTINCES, ON SWANN, FOR SEDITION AND BLAIIO
PHEW! ; AND ON SWINDELLS, BURTENSHAW,
STUBBS, RICHARDS, AND SUTTON, FOR SEDITION.
This day, at eleven o'clock, the defendants were
brought up for judgment, in our Sessions Court, On
being asked what they had to say, why the Court
should not proceed to pass sentence ?
Sutton implored clemency, on the ground of having
a large family totally dependent on him for support.
The others, particularly Richards and Burtenshaus,
were vociferous in their declarations of having acted
constitutionally; and repeatedly expressed their satis-
faction with what they had done in the cause of
public virtue!
The CHAIRMAN then pronounced the judgment of
the Court on the defendants, in an animated, eloquent,
and truly impressive manner. He expatiated on the
wickedness of their inteLtions, so clearly defined by
their conduct ; and the necessity that offences like
theirs should be visited with the heaviest punishment
of the law.—The sentences were:

Second indictment for Seditionron the 27th cf No-
vember, for publishing TA. Crisis, No. So viz. " Like
the river, swoin and rapid with increase, rising be.
yond its proper level, and by its accumulated force
carrying and ditaceratinz its dikes, so comes the
rolling political stream. ack day brings us

That Swindells, Burtenshaw, Stubbs, and Richards,
be imprisoned, in the Castle of Chester, each fox the
period of Two Years ; that they find securities at the
expiration of that period, themselves in 50/. and two
sureties in 251. each, to keep the peace for one year •
and be further imprisoned till such sureties be found.
This for the Sedition and Conspiracy at Macclesfield.
That Joseph Swann, for the same offence, be im-
prisoned Two Yeirs in Chester Castle, and find the
like sureties.
That Joseph Swann, for publishing a Blasphemous
Libel, be imprisoned Two Years for that offence, in
Chester Castle, finding the like sureties—and that he
be also further imprisoned for the space of Six Ca-
lendar Months, in the same place, &c. for publishing
a Seditious Libel.—Making the total period of
Swann's imprisonment, Four Years and a Half!
When the sentence was passed, Swann, with a vast
deal of apparent sang froid, held up his Radical
emblem—a white hat bound with crape—and ft*
claimed, " Han ye done ?—is that all ?—why I thowt
ye'd a got a bit of hemp for me, and hung me !" --
They were immediately taken out of Court : when.
near the door, Richards observed to Birch, the Con-
stable, who had him in custody—" Marla: you will -
shortly have to meet me in another place;" to which
Birch replied—" Aye, in Heaven, I hope!"
Stubbs, Richards, and Sutton,were decently dressed,
and of rather genteel appearance; Swann is a low,
vulgar-looking fellow ; Burtenshaw is a decrepid
man, of short stature, apparently about 60 years old,
OXFORD COUNTY SESSIONS.
THE LINO V. JOHN VINES.
This was an indictment against John Vine:, a prin.
ter, for vending Sherwin's Political Register, No. 16.
.He was found Guilty, and was sentenced to sir'
months imprisonment, and his own recognizance: of
£5O for his good behaviour for one year.
TIE MHO V. STEPHEN VINES.
The prisoner was father of the former, and was in-
dicted for vending the same pamphlet as his son, for
which he was found Guilty, but recommended to
mercy.—Two months imprisonment, and his own
recognizances of £5O for one year.

Rum—Between seven and eight o'clock, on S. -
turday evening, this City was thrown into great con-
fusion by some very unpleasant occurrences that
took place in Barronstrand-street, Broad-street, and
Michael-street. The matter is singularly involved in
mystery, :and as it is under rigorous inquiry, and as
we possess no knowledge that can promote -elucida-
tion, •sve shall, for the present, sa'y no more than tluA- •
the townsmen were bayoneted by some soldiers of
our garrison, the 18th Foot, and that the soldiers were
pelted with stones. Nothing, we believe, dangeroni
to life, was suffered on either side.—Yesterday, Mao
iciArates were fruitlessly active, in endeavouring to
investigate the origin of the mischief— Watevrord

IL


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