Star.
London, England, 1821-05-25 00:00:00

LAW INTELLIGENCE.

COURT OF KING'S BENCH. MAY 44.
THE CONSTITOTIOXIM ASSOCIATION.
James Linsey Turner was brought into Court, in
custody of Gibbons, the tipstaff, to plead to an in- ,
dictment found against him for a libel on the Go-
vernment. The proceeding was at the instance of
the above Society. The indictment having been read,
The defendant said that he was improperly de-
scribed ; his name was not James Linsey Turner.
The LORD CHIEF JUSTICE--" If you mean to plead
in abatement, you must state what your name is."
Defendant—" My name is John Linsey Turner."
The LORD CHIEF JUSTICE • I That plea must be
k verified by affidavit. If you have not an affidavit pre-
pared, you must be brought up again to-morrow."
Defendant said that he had bail in Court.
The bail, as they came up, wete opposed by Mr.
TINDAL ; they were eventually received ; the Learned
Counsel requesting that recognisances might be taken
for the good behaviour of the defendant.
THE KING V. THOMAS .101 IN EVANS.
This was an indictment against the proprietor of
the Manchester Observer, for libel. The offensive
matter was contained in a paragraph published on
the 29th of April, 1820, headed " Military Out
at Oldham," and purporting to describe an
affray which took place on the 25th of April, be-
tween some inhabitants of that town and a party of
the 85th Regiment : it was charged to be written with
intent to excite the subjects of the realm to hatred
Sand contempt of the King's troops; and also to be
with intent, seditiously, &c. to reflect upon the con-
duct of the Government of the country. The cause
was tried before Mr: Justice BEST, at Lancaster. The

Jury found the defendant guilty.
The ATTORNEY-GENERAL now prayed the judg.

ment of the Court.
Mr. J. WILLIAMS rose in arrest of judgment, and
took several objections to the indictment, which were
overruled by the Court.
Affidavits were then put in in mitigation: one from
the defendant himself, declaring that the statement
published was from information collected by himself
immediately after the riot, in the town of Oldham ;
another from several artizans of that place, deposing
to such information having really been given to the

defendant.
Mr. WILLIAMS rose to discharge his last duty tol
his client. The moving, though not very novel, topic
of a wife and small family, was (the Learned (oun-
sel said) wanting to him on the present occasion ; for
the defendant, though ruined, had only his own ruin
to lay before the Court. That fact he stated merely
as a fact; he meant not to affect any contrition which
he did not really feel ; and were the thing to be done
again, he could not pledge himself that, under simi-
lar feeling, and similar belief, he should not write in
a similar manner. One observation, however, as to
the extent of punishment,- Mr. Williams would sub-
mit. Looking back to the annals of English history,
he found prosecutions for libel most frequent, and
punishment most severe, at that period when the
reigning dynasty was falling fast in public estima-
tion: of that dynasty he did believe those very severe
punishments to have accelerated the fall. That pro-
secutions would cease to he frequent, especially since
a *self-constituted Junta had taken up the business of
instituting them, the Learned Counsel could not very
confidently hope ; but lie did trust that, under the
forbearance and good sense of the Court which he
was addressing, vindictive sentences were no longer
to be apprehended.
The ATTORNEY-GENERAL thought, that after the
avowal which had just been made by the defendant,
observations in aggravation became unnecessary.
T!:e COURT was about to deliberate upon the ease,
when Mr. SCARLET! prayed judgment for a private
libel, of which the defendant had also been convicted
at the last Lancaster Assizes. The libel was upon a
Gentleman of the name of Cunliffe ; it imputed to
him gross misconduct in his own family, to wit—an
adulterous intercourse with his maid servants, and
also the utterance of most infamous aspersions upon
the character of her Majesty the Queen.
Mr. J. WILLIAMS, in mitigation, ascribed the libel
to that inflamed feeling which had agitated the pub-
lic mind during the discussion of the Queen's con-
duct. Mr. Evans had been a partizan of the illus-
trious defendant ; HEAVEN knew, libels sufficiently I
gross had been plentifully promulgated by. persons on
' the other side of the question.
Mr. Justice BEsT thought that publications, what-
ever they were, upon that question, had nothing to
do with the matter before the Court.
The LORD CHIEF JUSTICE—" No doubt the coun-
try was inundated with libels on both sides."
Mr. SCARLETT spoke in aggravation.
Mr, Justice BAYLEY, after commenting on the con-
duct of the defendant, sentenced him for the first libel
to twelve months', and for the second to six months,
imprisonment in Lancaster Jail ; at the expiration of
that period to enter into sureties for his good beha-
viour during a term of three years, himself in the sum
of £4OO, and two other persons in £3OO each.
THE KING D. EDMONDS, WOOLER, AND CARTWRIGHT.
The CHIEF JUSTICE made a most elaborate speech,
declaring the opinion of the Court to be unanimously
against the rule for a new trial.
Mr. DENMAN then prayed the Court to allow the
judgment to stand over for a week; the ATTORNEY-
GENERAL consented; and the CHIEF Jusxics ap-
pointed Wednesday next.

THE ICING V. JOHN HUNT.
The defendant appeared upon the floor of the
Court, attended by his son and several friends ;
but the Judge's notes not being in Court, the
cause was postponed.

Tuesday evening, as Mr. PeNxows, .of Pulteney-
street, was travelling from Bracknel, Berks, to Eg-
ham, in his chaise, accompanied by a friend, they
were attacked by two footpads, with crape over their
faces, upon the forest near Ascot-heath Race Course.
One stood at the horse's head with a pistol in his
hand, and the other was in the act of rifling the
pocket of Mr. PEstowe's friend, when Mr.
Lowe discharged his pistol at the one at the horse's
head, and at the same moment the horse started,
threw the other villain off the step, and went off at
full speed. It was about nine o'clock. The Gentle-
men returned to the spot with assistance, apd found
that the robber shot at had been wounded, there being
a quantity of blood on the ground.