Star.
London, England, 1821-07-25 00:00:00

LAW INTF:LaGENCE.

COURT OF KING'S BENCH, JULY 24.
TILE KING V. BELE, alias SERE.
'this was an information filed by the Attoil y.
General against the defendant, for a seditious
published in The Republican on the 20th of October,
1820, printed by Jane Carlile.
The SOLICITOR-GENERAL stated the nature of the
libel to the Jury. It was a gross libel on his %jests.,
which he (the Solicitor-General) would content hin..
self with reading to the Jury, for he was of opinion
that if, on the bare reading of the libel, it did not
satisfy every well-informed man that such was its
nature, no ingenious collateral arguments could have
that effect. The libel ran thus—" There is not one
vice that the King can put his hand to his heart and
say, 'I am innocent of it. He has inherited thegross
obstinacy of his father, and the avarice and meanness
of his mother, without any of their domestic quail.
ties ; to this he has added all that vice has taught or
conjectured." The defendant stood in the sittutinn
of servant to Mr. Carlile, and sold the number of The
Republican in which this gross libel was published,and
could not be ignorant of the nature of the work.
S. Houlditch of the Stamp-Office, proved having
purchased the number of The Republican containing
the libel, from the defendant, who served in the shop,
The libel having been read,
Mr. PRENDERGAST, for the defendant, trusted that
the Jury would consider the extreme youth of Isis
client, who was now only nineteen years of age, and
was merely in the exercise of his lawful calling, en.
deavouring to procure an honest livelihood.
Mr. H. T. Willis gave the defendant a good
ratter for moral and religious principles.
The SOLICITOR-GENERAL shortly replied.
Mr. Justice BEST said, the publication was certainly
a most gross and and scandalous libel.
The Jury immediately found the defendant Guilly.
TIIE KING r. sIISS MARY ANN CARGILL
The defendant in this case, on the Jury being called
into the box, desired that a written paper should be
handed up to his Lordship.
Mr. Justice BEST having read the paper, said_
Gentlemen, the defendant is desirous I should ask
you whether any one of you are Members of tie So.
ciety for the Suppression of Vice ? I do not myself
consider this as forming a legal ground of c,
but still I put the question to you, and should any
one of you be a Member of that Society, you will
perhaps retire. Under all the circumstances of the
case, I should recommend you to do so.
The Jury individually said, they did not belong
the Society.
Mr. Justice BEST.--I am also desired to ask
whether any of you Gentlemen are Members of a
Society called—' The Constitutional Society? We
have nothing to do with that; as the Society which
has been alluded to, has nothing to do with this pro.
secution. Though even if it had, Ido not consider
that as a good ground of challenge.
The Jury said, they were none of them Member'
of this Society.
The defendant.—My Lord, I see a Gentlemn
whose name is Hodgson, in the box ; his name a
amongst those in the list published by the Society.
Mr. Hodgson.—My Lord, I am not a Member,
there is a person of my name in the list, but it is spelt
different to mine.
Mr. GURNEY then stated, that this was a rascal-
tion instituted by the Society for the Suppresion of
Vice, against the defendant, for the publication of a
blasphemous libel on the Holy Scriptures. The qua-
tion which the Jury had now to deci,le was, which
should be the strongest, the criminal or the law? It
would hardly be credited that, in the present stated
society, there should be existing in the mot public
street of this Metropolis a shop opened with the ut•
most ostentation to defy the law : that such was the
fact he would prove in the progress of this case. The
Learned Counsel then proceeded to state that the
present defendant now held the shop formerly met
pied by her brother, R. Carlile, where the publics•
tion, the subject of the present prosecution, was pup
chased. The title of the work was, "An Appendix
to the Theological Works of Thomas Paine;" and it
would be sufficient to read the passages of the libel,
and to prove the publication, to entitle him to a ver.
dict. The Learned Counsel read several passages from
the publication, and called the following witnesses:
J. Regnald, sen. purchased the pamphlet now put
into his hand on the Sd of March last, at the shop,
No. 55, Fleet-street, of the defendant ; he paid 6d. for
it. He also purchased a second copy on the 12th of
the same month.
By the defendant.—Did I give you the book?—
You did.-1 did not. You took it up off the court-
ter yourself.
By Mr. GURNEY.—Defendant seemed to recollect
me, and appeared alarmed. She quitted the shop
and soon returned with Bere, the shopman. The
witness asked defendant if she was alarmed at having
sold him the book? adding, if you are, you have your
remedy ; give me back my money, and take your
book again. She would not, however, return the money.
By Miss Carlile—Will you swear I took the money
up"? I will.
The libel was then read, and consisted of cow
merits on the Scriptures, in the style usually adopted
by the writer.
Mr. GURNEY said, he would here close thecase.
Mr. Justice Barr then asked the defendant if the
wished to say anything to the Jury?
The defendant handed in a written defence, and
desired to have it read.
Mr. ABBOT accordingly proceeded to read it. The
Address commenced by calling on the Jury to comes
sider the publication now before them with candour
and calmness, and if they did so, she confidently an•
ticipated an acquittal at their hands. She was cafe
vinced they would not by their verdict send her to
a prison for two or three years for having published
that which had circulated for months and year
through the American States, having been published
in an American Newspaper, without doing any
jury to morals or religion in that country, although
there was no Society for the Suppression of Vice ek
isting on the other side of the Atlantic. The defence
then went on to contend that the publication, 110 W
the subject of inquiry, was no more than a Uri
calm, and dispassionate discussion of the merits of the
Christian Religion. Oa the trial of Richard Carlile,
the Chief Justice said, to do this was no offence. no.
the Christian Religion did not wish to shelter
under the wing of the law from fair difcusiorl.

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less, therefore, there was one law for her brother,
whose agent she was, and another for her, she could
tr.: he found guilty on the present occasion. The de-
fence then went on to state, that she was not now in-
dicted on the Statute, but on the Common Law,
v7hich latter was a common abuse.—

Mr. Justice BEST—The defendant must be aware
that in the discharge of my duty, and consistent with
the oath I have taken, I cannot sit here and hear any
part of the law of the land thus spoken of. The de-
fendant had better take back her defence, and ex-
punge such parts of it as she must know are inad-
missible, and cannot he read. _ _

The Defendant—This is my defence; if I am not
allowed to read it I have no other. I cannot alter it.
One of the Jury—Miss Carlile, you are only doing
yourself an injury. You had better do as advised.
Mr. Justice BEST—Your friends will advise you as
to what parts it is necessary you should omit.
The Defendant—l have no friend with me.

Mr. Justice BEs-r—Any Gentleman at this Bar, I
am convinced, will be happy to assist you with his
advice. You had better retire with some one. I will
allow you all reasonable time to make such altera-
tions as will render your defence serviceable to you.
One of the Jury—You had better be advised, Miss
Carrie. You are only doing yourself an injury.
The defendant retired, and after being absent
about three minutes, returned, and handed up a writ-
ten paper, which was read by Mr. ABBOTT, and was
to the following effect:

" have only now to say, that thia is my defence. If the
Court decides, that as an Englishwoman, my defence is not to
be heard, I llttnt abide die consequences. Ills Lordship says
he will not hear my defence : I have no other to offer."

Mr. Justice BE:;-r
—I have said no such thing. I
am anxious that you should make your defence; and
shall be happy to hear you justify your,,elf in the opi-
r.ion of the Jury; and that you shall have the aid
and assistance of some Gentleman of the Bar ; any
one of whom will be most ready to advise you.
A .Juryman—Miss Carlile, you are acting very
wrong: you are doing yourself an injury.
The lk•fendant-1 have no other defence.

Mr. Justice-Bwr then proceeded to sum up to the
Jury, and commented on the nature of the publica-
tion, and its mischievous tendency, us he proceeded.
It, however, the Jury could consider this as a fair dis-
cussion of the merits of the Christian Religion, then
the defendant would be entitled to their verdict.

fheJury immediately found the defendant Guilty.

THE KING V. MARY ANN CAELIGE.

Mr. TYNDAL suited, that this was an indictment
against the same defendant, for the publication of a
nicked and seditious libel of and concerning the ad-
ministration of the htws and constitution of the country.
Mr. GURNEY said, the nature of this indictment
had been fully stated by his Learned Friend ; and he
must be permitted to say, in addition to his Learned
iend's statement, that never, in his opinion, had he,
in the whole course of his profession, met with any
publication which embraced so much of criminality
in so small a space as this publication did. It pur-
ported to be written by Richard Carlile, at present a
prisoner in Dorchester Jail, from whence it was dated
January 1, 1821, and was published by his sister,
the present defendant, at the shop in Fleet-street,
where she at present carried on business. As he be-
fore ,rated, it was dated " Dorchester Jail, January
Ist," to which was added " S..cond Year of the Spa-
/id' Revolution." It was entitled, A New Year's
Address to the Reformers of Great Britain; and it
could not be lead without seeing that the object of
its author was not Reform, but absolute Revolution,
in this country. The Learned Counsel then pro-
ceeded to read extracts from the publication, and to
eel/rent on them, and urged the aggravated nature
of the libel, and the tendency which it had to lead
to the overthrow of all the Established Authorities of
the country, and proceeded to call the following wit-
nesses to prove the publication by the defendant, as
alleged in the indictment.
Jaales Regnald proved the purchase of the publi-
cation now put into his band, in the evening of the
9th ~f Much last, at the shop of Miss Carlile, No.
55, Fleet-street. Miss Carlile was in the shop.
Cross-examined by Mr. COOPER..—I am an agent
of the Society for the Suppression of Vice ; I also
acted in this instance for the Constitutional Society ;
I ant not paid by that Society, but I made a charge
for my time ; I did this and several other jobs for the
Society ; 1 cannot say exactly what I received of the
Society, but I know it was between seven pounds and
seven guineas; I went about to several booksellers'
shops, and purchased publications if I thought fit; I
expected to he paid ; I did not do it entirely from
patriotism or loyalty, I expected to be paid for my
trouble ; I have been in the employment of the So-
ciety for the Suppression of Vice a year and a half;
I was, previous to that, in the Customs ; I get my
living honourably ; but I have now lost that situa-
tion; I am 56 years of age, but have no pension.
H. Orton purchased the pamphlet now produced
on the 10th of October, of Mary Ann Carlile herself.
Cross-examined.—l went to purchase the pamphlet'
by direction of Mr. Murray, the Solicitor and Hono-
rary Secretary to the Society ; I am Clerk in the Se-
cretary's Office ; I formerly assisted my brother in
his country correspondence; I received money of him
as I wanted it ; in my present honorary situation my
salary is not fixed; I do not work for the Society
without expectation of fee or reward, but I have re-
ceived nothing since; I can hare £5 at any time if I
want it, but not of the Society • I can have it of my
brother; I have done a job of this kind as regards a
man named King; I believe it was before the pur-
chase of this pamphlet; I cannot tell how many jobs
of this kind I have done since the 10th of March,
tEey are so numerous. Mr. Sharpe is Assistant-Ho-
v)rary Secretary of the Society ; I have sometimes
=teal under the directions of Mr. Sharpe.
The libel was then put in and read. Amongst
ether passages which it contained were the follow.
ing : " To talk of the British Constitution is a sure
proof of dishonesty. Britain has no Constitution."
Again—" Her laws are corrupt and partial in them-
setves, and they are administered in corruption, as
plain as the sun at noon-day." In a subsequent part
the writer adds—" Reform will be obtained when the
existing Authorities have no longer the power to
resist it, and not before. We shall get it as soon
without petitioning as with it. Something more than
petitioning is necessary. At this moment I will say
nothing of insurrection ; but I strongly recommend
naion, activi:y, and co-opezation. Be steady and be

ready to take advantage of any occnrrence which' selves ready for active and Zealous co-operation, and
may arise."—The libel having been read, I contended that it only required to have the next pas-
Mr. COOPER rose to address the Jury on the part sage of the publication read to explain this ; when it
of the defendant. He was some time ago applied to would be found that it was not a serious recom-
by the defendant to become her advocate on this oc- met:dation to hold themselves active to co-operate in
casion, and for some time supposed he was to have I an insurrection, but to co-operate with the Mooches-
the conduct of the case ; but time passed on, and he ter and Stockport Union Rooms, where the young
heard nothing more on the subject,.. and supposing `were instructed, and adults taught one another. The
either the defendant had selected some other Advo- author recommended these Rooms as a model for
sate, or intended to conduct her own defence, he dis- imitation ; but was that to recommend insurrection ?
missed the whole matter from his mind ; and it was So also with regard to that passage which said we
not until last evening that he received renewed in- had no Constitution, he contended that the author
structions, and had been obliged to devote the hours was justified in what he had said on this subject.—
required for rest to collecting his ideas on the sub- The Constitution ceased to exist in proportion to the
pct ; and now came before them but ill able, and invasions made on its theory by those who had to
but little prepared to perform his duty towards his carry it into practice. The author said, corruption
client, ortowards the Court and Jury on this important in the Constitution was as plain as the sun at noon
occasion. No blame was to be imputed to the de- day. Now, the author had the highest authority
fendant for this ; for she had been deceived. All her for his assertion. Lord Colchester, when Mr. Ab-
other prosecutors had given her a notice of at least bon, and Speaker of the House of Commons, used
three weeks previous to bringing her to trial : she ex- this very expression.
petted the same courtesy from the present prosccu- Mr. Justice BEsr.—Where do you find your autho-
tors, but they bad thought right to withhold that in- rity for this, Mr. Cooper?
dulgence, and brought on this case with only the Mr. Coonen.—My Lord, I speak of it as a matte'
bare notice which the strict letter of the law required. of history.
—He was aware that, in this case, he had great diffi- Mr. Justice BEST.—But where do you find these
culties and prejudices to encounter. He knew that words recorded, as having been used by Mr. Abbott?
there was a prejudice existing against the name of Mr. COOPER.—My Lord, in the daily Prints, in
Carlile; but he was persuaded the Jury would dis- the Reports of Proceedings in Parliament.
miss those prejudices from their minds. He was Mr. Justice BEST.—Then you are not justified in
certain that, as in the beautiful allegory of 7'he Pil- citing them. We cannot know what passed in Par-
grim, it was represented, that immediately on his liament.
passing the gateway, the pack sprung from off his Mr. Coopen.—My Lord, I submit I have a right
back, and he was relieved; so, also, he was persuaded, to advert to it as a matter of history, in my cause.
as soon as the Jury entered the gate of the Court, Mr. Justice BEST.—If Mr. Abbott said this in his
their minds were relieved from the pack of prejudices place in Parliament, we can know nothing of it. If
which they might have received ; and he was sure the out of Parliament, he is liable to prosecution for a
defendant would not now suffer because she chanced libel on the Constitution. This has been repeatedly
to bear the name of a man who differed from a great decided in the Courts of Law. Lord Abingdon was
portion of society in his religious and political opi- committed even for publishing his own speech.
nions. That political prejudices went far he was Mr. COOPER.—My Lord, that speech contained a
aware, and he did not expect to escape for the part libel on a private individual.
he was about to take in the present prosecution ; Mr. Justice BEST.—And can it be contended that
especially when he recollected that that great States- a libel on the Constitution is less an offence than a
man, Lord Erskine, had suffered before him, for the libel on a private individual ?
part he had taken in defending Paine, the author of Mr. COOPER.—My Lord, I still submit I have a
the Rights of Man. If Lord Erskine was wounded, right to proceed.
how could be expect to escape? He would only say, Mr. Justice BEST.-..Mr. Cooper, I have told you
whatever he might suffer on this occasion, he would my opinion; go on, and say what you please.
suffer most readily and willingly. Having said thus Mr. COOPER resumed, and proceeded to comment
much, by way of introduction, he would now go to on the celebrated speech of Mr. Abbott, when Speaker
a consideration of the case, and to the expediency of of the House of Commons, on the subject of selling
this prosecution. He would deny the expedience in seats in Parliament ; and contended, that no doubt
this case. The defendant was here prosecuted for a could exist in the mind of any man, but that the
nuisance, and they were told that former Juries had author of this publication had Mr. Speaker Abbott's
found persons guilty for similar nuisances ; but was words in his mind, when he wrote this passage. And
that any reason why the present Jury should come to surely that would not be considered as illegal in the
a similar decision ? The law gave to the Jury the mouth of an humble individual like Mr. Carlile,
right of deciding what was, and what was not libel. which had been considered as constitutional and legal
His Lordship would give his opinion, and to that in the mouth of this great and eminent man with
opinion the Jury would pay all that respect and de- whom it had originated. The Learned Gentlemani
ference to which authority of such weight was enti- then proceeded to cite the opinions of Lord Erskine,
tied ; still the Jury Were to decide was this a libel or Locke, Dr. Johnson, Lord Loughborough, and other
not? If it was not a libel, it was not a nuisance ; eminent men, to shew that much greater evils re-
and though it might, under former circumstances of suited from prosecutions for libels, than any which
the country, have been a nuisance, still the changed could arise from suffering them to pass unheeded and
state of society might now make that wholesome sink unnoticed into obscurity. It was only in Eng-
which formerly was considered as poison. He would land that this opinion prevailed ; for in America, in
only instance one case in point. Hops, when first the State of Virginia, the preamble to one of their
introduced into this country, were considered as Acts of Legislature declared prosecutions for libel as
deadly poison, and strong penal statutes were enacted wholly unnecessary.
against their use :—convictions took place upon Mr. Justice BEST.—Mr. Cooper, you must be aware
that statute, and punishment followed; but change we, in this country, can have nothing to do with the
of circumstances and progress of time changed men's Acts of the Legislature of Virginia.
ideas. Hops now formed a principal ingredient in Mr. COOPER submitted he had a right to advert to
the daily beverage of the population of this country; it in the course of his argument ; he considered it as
and would it now be argued, that, because Juries material to his case.
bad formerly found persons guilty of nuisances for Mr. Justice Besr.—You may do as you please, Mr.
using hops, that, upon a prosecution for doing so Cooper, but you are acting against your better judg-
now, aJury were bound to come to a similar verdict? ment, and know full well I shall be bound in the dis-
He would apply the same doctrine to the present charge of my duty to tell the Jury they must lay all
case; he would contend that a publication like the these things out of their consideration.
present, though formerly it might have been mis- Mr. COOPER resumed—He was aware his whole
cbievous, was now, on the contrary, wholesome ; and argument would be subject to his Lordship's animad-
being fairly explained, he should confidently look to version, and with that proviso Ise submitted his whole
the Jury for a verdict. The Learned Counsel then argument to the Jury. He continued to argue on
proceeded to comment or. the conduct of the Society the impolicy of prosecutions for political opinions.
for prosecuting in this case, and strongly to condemn Prosecution was mischievous, since it only rendered
their proceedings ; and, in the course of his observa- a man more devoted to his opinion. Carlile was
dons, adverted to the case of the Dean of St. Asaph, himself an instance of the impolicy of these prose-
in which, he said, the Marshal of the King's Bench, cutions. He was now suffering, perhaps with stub-
though he had nothing whatever to do with the bornness, but it was a stubbornness arising out of pro-
question at issue, was the prosecutor; and he was secution. This was no new doctrine; for it was said
proceeding to comment on the conduct of the Mar- the blood of the martyrs was the seed of Christianity.
steal as prosecutor in that case, when Prosecution would no more succeed in putting down
Mr. Justice Besr said, he would put it to the libels than severe revenue laws would operate to put
Learned Gentleman to say, was this a fair course down illicit distillation. If men could not write in
which he was pursuing, thus to drag forward and the city they would flee to the mountains,and would
make comments on an individual who could not be come down in the night and scatter their mischievous
present to answer, explain, or defend himself ? doctrines in the streets; he now looked confidently to
Mr. COOPER submitted he was in a course of fair the Jury for a verdict, by which this Society of self-
observation. constituted prosecutors would be dissolved, and sent
Mr. Justice BEST could only say, that to attack back to their original insignificance; or, if they still
absent persons was a course he had never known to persisted, that they would be sent back to proceed
prevail during the time he had had the honour to be with the burthen of a verdict against them round
at the Bar. their necks. He looked forward for such a verdict,
Mr. COOPER assured the Learned Judge he in- as necessary for the establishment of the freedom of
tended no attack oil Mr. Jones ; on the contrary, he the Press, without which freedom could not long
bad only intended to comment on a case upon record. exist in this country.
if he had made such an attack he regretted it, and The Learned Judge summed up, and declared his
was ready, in Mr.Jones's absence, to beg his pardon, opinion, that the publication was a libel of a most
and thus the cure for the injury would spread as wide mischievous tendency.
as the wound which he had inflicted. With respect The Jury retired at four o'clock, and after being
to the libel, as it was called, and its publication, lie out an hour, a note was delivered to his Lordship,
submitted that there was no evidence whatever of its who, on reading it, desired they would come into
publication, except by the act of the agents of this Court. On their coming into the box,
honorary and honourable Society, as it was called.— His Lordship said, Gentlemen, lam sorry to find
These agents obtruded themselves, and obtrusively you cannot agree. I will readily assist you, if ycu
published that which, but for them, never would think I can help you out of your difficulty.
have been published. Foreman—My Lord, there is no chance of our
Mr. Justice BEST.—I suppose you will give evi- coming to an agreement.
dence of this fact ? The Judge--I am sorry for it ; but on that point I
Mr. CoopEa.—My Lord, I take it on the evidence can give you no assistance.
as it now stands. One of theJury—My Lord, I think our Foreman was
Mr. GURNEY.—Which evidence is directly the con- premature in troubling your Lordship ; with a little,
Crary. The witnesses stated, that they were laid in more discussion we might have agreed.
large piles on the counter in the public shop. Another Jury man—My Lord, there is obstinacy.
Mr. COOPER resumed.—But there was no proof of Second Juryman—My Lord, Ido not stand alone;
any publication, except the two copies which the pre- it is an invidious observation ; there are four of us.
sent defendant was tempted and betrayed into selling The Judge—Gentlemen, you must see the impro-
by the agents of this honou7able Society, who had priety of this public discus-ion ; you must retire again,
acted the part of tempters and seducers towards this and endeavour to agree amongst yourselves.
unfortunate woman. The Learned Gentleman then The Jury again retired, and at eight o'clock com-
proceeded to comment on the several passages of the municated to the Officer their wish that information
libel as set forth in the indictment, and particularly should be forwarded to their families, that it was not
on that passage which urged the people to hold them- probable they would return home before the morning !