Star.
London, England, 1811-11-02 00:00:00

IFTFIr

i

-

111•11=m2m.,-,-ft,
*:

ANIfOLT - .
• •
GUSSELDORF, OCT.
On the 30th September, was burned on the parade,
in presence of.a not:Ober of spectators, a considerable„
• ' quantity of Citgljaii. inlychandize, which had been
seized.
BASLE, OCT. 4.
Her Mliesty the Queen of Holland arrived here
on Monday morning, the 30th September, with two
carrirges and six horses. This Princess again set out
at ten o'clock yesterday morning. We are assured
she is going to Paris.
Count Gottorp is still here. This Prince lives
very retired, and continues to lodge at the Three
Kings.
VIENNA, OCT. 9. • '
The earthquake wh'i'ch was felt lon the 4th October,
at Vienna, was muchlmoie severe in_many parts of
Upper Styria, and in the environs of the Schnieberg.
Along the high road from Carinthia to Vienna, at
Ktieglach, and especially in Murzzuschlag, it has
caused considerable devastation.—Most of the chin,-
nies in the place were very 'much damaged,
et several
fell down, and that of the Road C or's house
was thrown right across the high road, in the direc- '
tion from NAV. to S.E.—Many of the balks were
throirm down, and numberless rifts were to be per-
ceived hi the walls next the road, and the bells in the
small steeple of the church began ringing of them-1
selves. .
SLAbELSE, OCT. U. •
After a long continued drought Over the whole
country, 'II beginning of October has at length
brought us thuch rain, which, with the accompanying
high winds, have at once put us far forward into
autumn. The trees deprived of their leaves, already
. spew its baneful effects, although the field's recover-
ing their verdure, promiie in part to restore what
the stunrcer's excessive heat had deprived them of.—
The high price of provisions 'appears to be on the
decline.

1

Lieutenant-General Balletteps,
quarters, Casares, September 30, writes to the Chief
of the Staff, as follows :
" MOST EXCELLENT Sin—Since the action of the
25th, of which my occupations have hitherto preven-
LONDON. ted my giving an account to your Excellency, these
troops have been constantly tinder arms. General
TWO PRIZES OF FIFTEEN THOUSAND Oodinot, with 5000 men, marched on the 27th from
' ' our OF THL THREE ' ' A Prado del Rey, and pitched his tents on the heights
IN THE t.oTTERY JUST ENDED,
WERE SOLD AND SHARED ! in the neighbourhood of the Montera inn, two leagues
BY EYTQN, land a halt from XiMeaa. This very rapid movement
c, COEHlitta„ AND 18, cOVENI RY-SIII.EET '.
WHERE TICKETS AND 'SHARES • ? I indicated that I should be attacked on the nest day; in
, ,
ARE SELLING FOR order to be prepared for which, I recalled the battalion
THE SMALL LOTTERY OF ONLY
' 2 6,500 'FICKE'TS, of ppbaatro and a company of Escopeteros who, on
TO BE DRAWN 19th NOVEMBER. the preceding day, had proceeded, under the orders of
---. 'Brigadier the Marquis de 4s Cuevas, to cover the
- ,
SATURDAY, NOVEMBER 2.
.position of Gaucin ; directed the Board of Govern-
ytticE DcF. S POCKS THPI DAY Al ONE crct.ocK ' mc,nt to sound the alarm throughout the mountains,
per C
per Ct. IteduCer7 in""
• r
631 64—Ditto for account 64 it
62i, 63-4 per Cent. 79 and the patriots to station themselves in the enemy's
Ant ,IA Ct. 941—Bonds 141.155. pre.—Omntunt ii di.. rear on that point, that they might fall upon them at
ch. i.tals (_id.) Is. 2s. pre.—Ditio Oil) 45. to ss. pre. i •
the vet), moment that the latter should begin to at.
A Lisbon Mail arrived this morning, by Okla we tack the advantageous position which I had taken in
front of the town. This,however, Goudinot appear'.
have receiycd intelligence from Lisbon to the 21st
to have observed from it height ; and he concluded,
tf t. From the subjoined extracts our Readers will
erceive that n.O movement has been made on the part that I was determined to defend it at all hazards,.
p
In this situation, and my troops longing to see the
of Lord WELL:Norm's Army, nor does the enemy
enemy advance and engage them, I was apprized,
appear disposed to -Molest the Allies for the present.
Their grand object, the relief bf Ciudad Rodrigo, that they had withdrawn. I immescottely set in pur-
suit of them, but they retreated with such precipita-
has berry accomplished. The intelligence from Wain,*
by the way of Lisbon, is not 9f moth importances [ion as far as the fields of Barnos, tlrat my ,[tempt to
ertake them proved fruitless.
it, however, slims, that the Spaniards are still on the ov
" At present this country is free from the three
alert, wherever an opportunity of atinoying their in-1
divisions which had maneeuvred in it from the loth
vaders occurs. ,
to this day, his Majesty's arms have been covered
The Dispatches from Lord WELLINGTON are dated
with glory in the actions in Which they defeated two
Frenada, On the 16th ult. but they record no fact of
divisions of those invinciblcs, and- the third having
any import-Ince. The contending armies remained in
been compelled to retire at the sight of our bayonets.
,seta,,--- ., , . -- ' -vine'---excellency

arriyed ymout.
from --,. six transports under coo , having
the King's County Militia on hoard. The North
Devon are tp embark immediately on board the same
transports, for Portsmouth. The King's County had
a most tempestuous passage, but they arrived safe.
Thursday, a detachment of the North York Militia
marched from Brighton for East Bourne and Hail-
sham, to relieve a party of the 421 or Royal High-
, hinders, who ate ordered to join their regiment, at
Lewes Barracks. It is expected that they are going
on foreign service.
Wednesday, the 2d Somerset Regiment of Militia,
commanded by Lieutenant.cqonel COOlpt, was tet...
viewed on Nelson's Crescent, Ramsgate, by his Royal.,
Highness the Duke of CLARENCE. The number of
fashionable spectators present was very great—many
from Margate and Broadstairs. This regiment is cora•
posed of a yery fine body of men, and they performed
the dilerent evolutions with a degree of ' precision;
order, and regularity that merited the praise cf ,
Royal Highness, who was pleased to pass many eneo-ntiums on them, and desired Colonel Comma to tetl!
the ofcers end men that his Royal Highness wa;
highly gratified.
The Members pf the Westminster Regiment of
Volunteers gave a grand dinner to their worthy Com-
mandant, Colonel RostssoN, at Free i'vlason's Tavern,
on Thursday, for the purpose of congratulating that
excellent Officer on his recovery from the effects of the
alarming bodily injury he received, by being, thrown
from his horse at the Review on Wimbledon Cop-
I
mon, n honour of his Mmesvir's Birthday.

THE EVENING STAR:.

SPORTING INTELZ.IGENCZ.
NEWMARKET OCTOBER, OR HOUGHTON MEETING.
FRIDAY, NOVEMBER 1,
Sweepstakes of IS is. -for 8-yr olds, 8.t.41b. each. Tyre-yr old
Coursc.—The winner to be sold for 100 p. if demanded.
'Lord Sufiield's 1. by Eagle, out of a sister to PetwOrth •
Lord Lowther's Brightonia, sister to Brighton Las, - S< 1
Mr. Croctford's c. by Coriander -
Mr. Blake's Sprightly, 7st. beat Mr. Shakespeare's Chester,
est. 71b. Across the Flat, 50 gs.
Mr. Ladbroke's Edward, lit.7lls. beat Mr. Blake's Queen of
Shaba, est. 08. Two-yr old Course, 50p.'
. . .

L
- .. quo.
The Lisbon Paper scontain a dispatch from Gene- This conduct will, I think, con'. ; your t.
how much may be expected from ate troops, when
Tal BALLASTETIOS, dated September 30, in which he
. discipline and order being thoroughly established
claims some advantages over a division of the enemy
among them, they, from the lowest private to the of-
under General GODINOT, on the 27th of that month.'
fieer commanding, know no interest but the love of
The-subsequent retreat of BALLASTEROSI under the
,and the earnest wish of saying their country."
guns of Gibraltar, proves that his success on the
above occasion was not productive of any perms- i —Regent., 9azofe.
AL E
ICANT, SEPMDER 7.
non; good.
LISBON, OCTOBER i 5. The French are entrenching themselves in Burgos,
By official letters received from the headquarters • whose castle they are endeavouring to repair, obliging
Freinada, dated the 9th instant, we are infornied that the inhabitants to work excessively en it. The castle
Ooth:og new had occurred. . of Pencolvo has been placed in a formidable state of
oet one 19.—wrimuci'ENce. FROM ARRAOON, 1: defence, and they continue to construct forts as far as
NOtwitlistanding the advantages which- the allied , Irm, which shows they fear some forced retreat to-
armies 1
have obtained over the French. it is certal.o wards this country, where the proximity. of Santo-
that Suchet has orders and instructions to invade the ' cildes's army, and tither divisions of patriotic parties,
kingdom of Valencia. The immense deposits of grain reanimates the national enthusiasm, so characteristic
and welted meat which have been formed in Teruil,. of the Castilians. We every day expect here Gene-
-1.)-woca, Alcanex, Derma, and Tortosa, are directed ral Kendizable, who is pouting to.organize the 7th
to this end, and the movements of their troops on the Amy?
ftontiers of that kingdom now cover that fatal opera-1 - VALENCIA D'ALCANTARA, SEPT. 24.
tion. The design may indeed be termed foolish and General' Girard has his head:ousitert In Zaftig, and
rash in the suppcsititm that the Valenci:ln people n ill occupies Meriila for the Furposc of solleeting pro-
maintain, as it is probable they will, that noble &fn..' visions.
mess and union which made _stn the terror of the l'i ''' • ,
-• • ViTp he's this day laid before our Readers a full

Mr. Wyndham's f. '
by Gobanna; out of Catherine, 7st. llb.
beat Mr. Thornhill's Topaz; sister to Black Diamond, 9st. Two:
yr old Course, 10. p.
2tol on Eagle-5 to 2on Sprightly-6 to 4on Idward-.-.
' 9to 1 and 6t04 on Gohanna.
Sweepstakes of 100 gs. each. A.D. M.
Oft. Gower's emends, tat. 71b. -
Mr. Craven's Dimity, sat. 71b. • 2
Mr. Andrew's Discount, Ist. Sib. - - 3
Lord G. H. Cavendish's Ecele'eton, fist. Gib. beat Gen. Gower's
c. by Walton, oui of Currycomb's dam, dst. ills. Ali. M. 240 p.
Sir I. Shelley's Manikin, beat D. of Rutland's c. by Sorcerer,
out of Thalia, fist. 41b. each. R. M. 100 gs.
7to 1 apt Cressida-4 to son Dimity-7 to 4 agst Dit-
cqunt-6 to 4 on Eccles's/2-6 ;o 4 on Manikin.
The Audley End States of 30 gs. each for horses of all ages, two.
yr olds excepted. 'To start at tbe Starting Post of the Evio-yr
old Course and to run to the End °Me Beacon.
Duke of Graftdn's Nimrod, 3-yri old, 70, lib. ;
Mr. Lake's Britannia, Sirs old, est.2lb. -
Lord Jersey's Langton, aged, est.
Mr. Shakespear's Sprite, 4-yrs old, Tat. 71b - - 4
Duke of Rutland's Sorcery, Ditto's Grinialkin, and Mr. lisora.l
hill's Topaz, paid 10p. each, forfeit.
2to 1 apt Nimrod-9 to 1 apt Britannia-7 to 4 apt Langton.
Duke of Grafton's Pope, tat. 4 b. rec. 150 gs. from Mr. An;
Brew's Morel, eat. R. M. 200 gs.
An express was received yesterday from Windsor,
s'ating—" That his MAJESTY was somewhat com-
posed during the night, and appeared better in the
morning."
A private letter received from New Ycrk observes, I
a that the American Government has chosen to con-
sidet that France has repealed her decrees, and has
- - -

1
i

J

I
rs:

'~t~

Moucey's warlike legions, and if to this.eireurnstanee vvp ~ave 1.. „---
we
add their torgr.lphical sittfAtion which titres so !. Report Of the Trial of Mr. Wifir.c., yesterday, for a
many mean`s of offensive and defensive war if, to the „Libel. Mr. Wt!trz conducted his o,:yu defence. The
iclvaritages of natnre We join the protection of HEA,..! ATTORNE•i-ozwziim. contended, that the clumsy,
area in favour of so beautiful a part of. the Peninsula stupid Jinja', what provoked the trial, was a foul
~
------- ' - and scandalous libel, and this, seemed also to be the

hitherto denvnstrAted i❑ so visible a manner by re-
pegted prodigies, it is to be hoped that this new Mar 7
thal will see his pride hombled in the pliuis watered
•.
those

opinion -of Lord ELLENSOROMM ; a sworn Jury, how.
ever, of twelve holiest hien, were of a different opinion,
-.quitted the Defetidant. 'We ate happy in'seelng

in sonsequence laid down a system of action in con-
formity with that view of the subject, it cannot de-
•p.rtfrom it until it is authorised by Congress : that
it is true the Decrees do not seem to be cle.rly and
fully repealed, but that Mr. BARLOW'S mission to
Paris will, it is believed, effect the full and complete
_
- expected

rcpcal. Great Britain will then be _to repe4l
her orders iu Council, or war, or restrictions as bad
as a state of war, will be the consequence. This can.
however, will be avoided, if your '

Y

by ere Turio, • and be punished for ___ . sitrocious " and ay._ -- -- _ i sequence, . . Govern.
crimes for which he has made himself execrably cui- Juries maintaii.ing their right to judge both of the 1 Rent (the British) be true to sour own declarations,
suitiug, that when the Berlin and Milan Decrees ate
pable on the banks of Francoli. 1 ttw and the fact ;nor can -we conclude without re- I
I really repealed, your Orders in Council fail to the
LISBON, ObTOBER 20. I marking, that 'the foul nonsense to which so much
i
• ! ound, as a matter of course. One of the causes of
le exchange being against you is this--we teed your
ii Our army remains in much the same line of posi.. importance has beengiven, would never have reached
'tion as when th.' last packet saikd. Marmont ad. ' the eyes-or ears of one in a hundred thousand who army
my in Spain with grain, and we draw upon you for
4ances towards Badajoz, and we understand pontoons I are now made acquainted with it, but for this public the amoest. This turns the exchange much against
and other apparatus are in forwardness in that neigh: prosecution.- •.:
~
.;
.. ,
~....h. 1
il youi because you can send nothing to us as a balance.".
. ,
_ . .
_ .
• . .. - - - .
. .. .
~ - •


i.~...er.. :i

b..-

•

.

-}+f

: - 4.- .
. •• ,
....
.. .7
. •
- THE ARMY,
1 NAVAL INTELLIGENCE.
thourhood, as if a descent through the Ale attain wad A,
intended. We are stragthening Elvas,m4 keree nost . tile veh large fleet 'with stiong reinforcements for i
FALMOUTH, OCTOBER so.
Alta that the enemy can Ilford sufficient ufeithar meal
Aar uol'es in Spain, Portugal, and the Mediterranean, I Arrived his Majesty's ship ROTA, from a cruise.
or stores to cotimatence any offensive operations.
'rile '40501 detained 4t Cowes by adverse winds. Generals '
, • PLYMOITI It OCTOBER at.
lit battalion of the 39th has arrived, 800 strong, from 1 i
LEITH, Rosa, and Boritwice, Colonels Moons, Sailed the NIMROD cutter for Basque Roads. Tl.e .
the Mediterranean. Some of our Dragoon are re- ',,
A MORETON, BRADFORD, &c. and a strong body of HERRING schooner k come up the harbour to refit.—
'turning home, as in future only 3 squadrons of each men have been on board Yeantrday evening it blew a violent gale at S. S.W.
regiment are to be in the Peninsula. this fleet for the last 6 weeks.
T.
A fleet which carries out reinforcements of men and The tide ruse again to an extraordinary height, over
It is said, the Governor of Ciudad Rodrigo went flowed the quays and cellars, and has done comider-
Officers for regiments in the West Indies, is about.to
to ,take the air with two confidential Officers, and all sail from Portsmouth. ; able damage. A waterman, named Jeffery, was
these were taken by the Guerillas. Colonel LA Townies fine regiment, the Carlow, drowned last evening ; he was railing across the liar-
INTELLIGENCE TRANSMITTED FROM ELVAS, ON TILE and Colonel IRWIN'S regiment, the Sligo Militia, have bour in his boat, when a sudden squall took the sail
9ris or eczoeza . arrived at Spithead. ! and capsised her. The wind still continues in the
" The French continue to have some troops in Me-
Major-General M'LEOD, mintant.peneral of the same quarter, with heavy squalls at intervals.—la
Aida and Almendrajo, and the remainder in Zafra.
Artillery, w,ith his Staff, has set off for Portsmouth. i consequence of the Channel and North-sea fleets re:-:
They have not brought aoy troops from Andalusia. I
His Excellency Lieutenant-General BROWNRIODE, cl,zrousing to the Eastward, and the consequent bus:.
We have not yet received any accounts of the return
resides at Ryde, till the wind permits the ArnicA ix tle occasinned thereby in the naval depots there, I
itif.arnaont's army. The French who are in Bads- to sail. :am informed that si/Sen companies_ of Shipwrigliu
joz'had lately but ten or twelve cows and about 400 ,
The Carlow will be landed at Portsmouth, and are to be seat from the Dock-,yard at this port tt,
head of sheep. They, in consequence, went out and '
• 4 rnarcLed to the gay town of Chichester, where they Portsmouth.
robbed and brought in ;000 head, close greater part
Will be quartered for au svinter.—The Sligo goes on ' 'PORTSMOUTH, NOVEMBER I.
from the neighbourhood of Olivenza. In the pre- Arrived the Vtaano from Cork. Sailed the Wm
ceding month there dew* from the French garri- to the Downs.
1 Several General Officers have proceeded to Brigh- TING on a cruize. The SYLPHIA is appointed con
son of Badajoz 150 soldieri and two officers, on ac-
ton, to pay INC:. respects to the Pansce ReGENT ; but eoy for the Downs.—:Wind S.W.
count of the fatigues they sneered, and being always ;
it is understood that the Grand Riview which was DEAL, NOVEMBER t. -
on half rations. The new Governor Gino has ar-
ito have taken place of the 42d, the North Yurkahkre Remain, all the ships as per last.—Wind S.W.
rived and taken the command in the room of philipon.
IMilitia, 7th Dragoon Guards, and of some Nhee • ' YARMOUTH, NOVEMBER 1.
Agreeably to intelligence ftom the North of Portugal ,
troops.
is unavoidably postponed, on accotuit of the A.;iled with live stork and stores for the ships in
Marshal Oudinot is expected in Valladoliii.; hoc ontes
very unfavourable aspect of the weather. Wingo Sound, the DESIREE frigate, and Leveasi
from Holland to take the command of the army of
The Glamorgan Militia are geiog immediately to sloop. Arrived the 9ossito frigate, from a cruize,
Bessieres, lately directed by Porsenne, bus he has not Ireland. during which she has captured a privateer, but there
yet arjved."
The South Lincoln Militia are reanoved from Col- being no boats from the frigate and the privateer but
•
OFFICIAL INTELLIGINCF. .." ehester to Woodbridge. -
now coming in, cannot get particulars in time for post.
The Earl spencer cutter has ' ltb, Arrived
under date, Hied-
- • Coik, wlth -. z also toe Quintana, with a part of 'the home-

A

ward Baltic fleet, nnsisting of 300 sail, whit t left
the Baltic with the above. Ten of the convoy, is said.
were captured by the Danish gun-boats. Remain in
I •
the I Rei,ds the Solebay, Vice4dmiral MURRAY ;
Puspero, Locust, Exertion, and Mosquitto.
FROM LLOYD'S LISP.
The Lady Gambier, from Landoll to Lisbon and the
Brazils, Las carried away her foremast, taxi stoyejn her decksand
gunwhale, near Tidgnmouth, and it is feared Will be a total low.
The Mary Ann, Bis.len, from Newfoundland for Liverpool,
put into pe;cauda about ,the 7th of 10;w:thee, leaky.
Aitairz s —At Portsmou:b, the Mmly FillibiNS, Atkinson, from
Quebec. In the River, Thomas, Smith; and Robert, P.ICC, from
Quebec. At Sheerness, Aretbusa, Davidson, from Quebec. A;
Lerapeet,•Trial, Thampsom from joliira tumble.
•••••••=•••••11••••••••••
Captain BINGHAM; late of the Little Belt, has bee ,
promoted by the Nchniralty to the rank of Post Cap.
tain, and appointed to the Volage.
The Ponvaa sloop of war has captured a Danish,
privateer of bar guns aad. torte men, and ;wilt
her into Leith.
The Medusa, 96 gum, Hem. Captain Bo cos ;
Theban, 36, CtE.Diasir i Port Mahon, 16, Captain
HATTON ; Dexterous gun.brig, Lieutenant
TomutanN, sailed.on Thursday from Portsmouth, to
cniize off Cherburgh.
Letters have been received at rlymrpth from Cip.
rain Hawxxs, of the Melampus, which had grs.e
ashore on the coast of Nova Scotia, -and was after-
wards got off and towed to Quebec, dated the Ist. of
October from Queluc, which state that he was com-
pletely refitted from his damages, and was all ready
for sea, and would sail OR the 6th of October freak
Hal.f.s, and thence for England.
Yesterday a Court of Directors was held at the
East India Hoes*, when Op following ships were
taken up for one voyage in the Company's service,
vjz.—Lord-Dunian, New Ship building at Northam,
and New Ship building at Hull.
A Mail and Dispatches were yesterday received
from Halifax. There has been a violent storm on
-
receiv,

that station, of the effects of which we have
the following particular; :
HALIIIAI, OCTVIIII
" His Madesty; skips ACdp: Spartan, &otos, and Tartan,.
returned bete ea Saturday a9ll Booby last, %gelid isoffered 1.-
tardy in their epees, he. in the gale on Monday, the Soda alt.
let. 41.Ipng. 631. or thereabout ; the violent gust at N.W. (not
felt here tW three o'clock p. tn. ) sins* them abort hali-past
eleven o'clock, a. in. and at half-past one p. ait began to abs, ,
but left a tremendous sea running. Schooner Margaret, CIT.-
ton, from hence to 11!irbesiees, cossiered is a gale, master sod
crew saved by a ship from New Brenswick for England, and pet
on board the Spartan frigate. The Govenunent schooner I touter
from Quebec, Government brig litadeavour from Newfoundiani.:,
Lady Delaval transport, and schooner Hibernia, are on shore at
the Cut of Camp, Cape Breton, &c. The brig Mary Robinson,
of New Brunswick, fur Jamaica, was wreaked at Lesamb har-
bour. Misses Shaw sad Duncan, paseenaers. The mate and
six searnlen perished : part of the cargo need. The schooner
greyhouad Is on shore at Fisherman's Harbour."
• The following is an extract of a Letter from Kings.
ton, Jamaica, of August SO:
" By the ship Agnes we have derived some particulars of tIl!
operations carrying on in the vicinity of the Caracas. It
peers that General Francisco de Miranda marched from the Ca-
race's in the middle of this most!, against the city of %%lamb,
with an army of fonr thousand men : he made a vigorous attack
upon it, and, after an obstinate coo.Slet, was compelled to re-
treat, with considerable loss. .Having, however, obtained some
reinforcements, he repeated the attack against that lannottaLt

place, but was forced to retire, with the loss of upwards of 500
men. Determined, however, to persevere In the object he bid
in view, he was augmenting his force to reduce that city,
there was little doubt of hi. success. The embargo which
been laid on for a coesiderable time at the Cararcas was flair .%
and the rested respect was paid to British ileppiog i,`l

acts; bat American •easels were daily sent in.
" AUOVIT 2f.—William Shaw, Esq. was yesterday taken un-
a Bench Warrant, and charged with haling represented bin*.
(:‘

self ss empowered by Lard Liverpool to mat for the purpose
brining St. Domingo under the dominion of Great lititaio, and
with acting in this alfgir under the agecey of Monsieur La Point.'
Tuesday night, Mr. H. Mannings, one of the Til-
l:7j nity Pilots, in passing aloe the pavement, in Dover,
on his return home, sli down, by which meal.s
he received so violent a all, as to cause his death su: 3
after he got borne, a distance of only a few cods.
• •


LAN' INIALLIGEAri.:X. '
COURT OF KING'S BENCH, NOV. 1,.
TUE KIN' V. DENRY WHITE THE ELDER.
The following Jury were sworn to try this infor-
mation :
, .
mew: streets.
Richard Noble, James Henekle, .
'I bowas Bowden, ' Grant Alldv,
Abraham Mann, 1..:.
John Danv‘ra, mere...AL . 'paper_ 4 IndependeNt Illshig.
TALItiNaN. • . • the 38th of the King, which recognised this as suffi-
Benjamin Chipp, • `John Leaf,
I dent proof, directed that the affidavit of newspaper
Thomas Cole, , Thorns,' Hamilton, proprietorship should be sworn before ,'Commissioner
James Carpenter, Robert Rieglesbone.
of Stamps, or one whom the Commissioners should
Mr. RICHARDSO:sr opened the pleadings, by stating, specially appoint for that purpose. The present affi-
that this was an information, charging the defendant davit appeared to have been sworn only before the
with printing and publishing a seditious libel, on the
distributor of stamps for the Dorsetshire district, the
llith of September, 1810, to which he had pleaded
not guilty. . defendant being, at the time of its being made, a pri-
. . soner in Dorchester gaol ; and no authority appeared
The ATTORNEY-GENERAL stated, that he had
to have been given to him for that purpose.
thought it his duty to tile a criminal information 1
against the defendant, for a most mischievous libel, ! The ATTORNEY-GENERAL answered this objection
and one which he should have neglected his duty in by reading from the Act a proviso, that it should not
suffering to pass unnoticed. In order to render the ibe necessary to prove the Deputy a Commissioner or
publication intelligible to the Jury, he would state to Officer. I
them the circumstances which led to it. After the LORD ELLENBOROUGD would assume from the copy
splendid atchievements of our army in Spain, at the iof the affidavit produced, that the affidavit itself was
battles of Roleia, Vimiera, Talavera, and Corunna, sworn, because he was directed to do so by the act: but
his Majesty was pleased to direct, that out of greti. that was not enough ; it must be sworn either before
tude to the British troops engaged in those victories,
a Commissioner, or a person authorised by the Com-
medals should be worn nrissioners. The act did not require that the autho-
by all their offe-ers of a ter-
Jain rank, in commemoration of. their •services on city should be proved ; but the affidavit before the
Court ran "sworn before me,Whitaker, distributor."'
those occasions. .It. -was impossible that these medals
T
could be given to all concerned in these victories, al-
he att did not state that a distributor, quoad distris
butor, had any authority to take the affidavit.
though all were equally deserving of them; they
were granted therefore to _Officers as Tow as Lieute-1 The ATTORNEY-GENERAL. called Mr. Whitaker,
w
nant-Colonels.inclusive. Now the object of the libel who proved that he had received from the Stamp-office
in question was to hold out to the common soldiers,
in 1803, an authority in writing to take such affida-
that these grants of medals were made in order to 'wits but he lord mislaid it. ;
create an o.lious distinction between them and their I Mr. E. ',AWES rising to cross-examine thig witness,
men—to a:tcibute all the merit of the victories to tae' Lord ELLENBOROUGII said, he would not have meant
hi
Officers—and to insinuate, that the men werestudi-
questions to m.
Iss hat was meant for lenity quoted as precedent. The
ously passed by with neglect and contempt. It also' Counsel must put his client upon examining the wit-
held out the favourite comparison on those occasions i ness: he might suggest the
—how much better the soldiers in the ranks of Bona- Mr. Gannow, for the prosecution, said, that this
parte's army were treated than our own. 'There was was not a new doctrine. It had been decided in
Westminster-hall; and Mr. Clifford had left the Court
no man who desired that any thing like order, or se-
etirity of property, should prevail, but must with to in consequence of the decision.
discourage such publications as these; and it was Mr. Whitaker produced the letter from Mr. Beres-
ford, late Secretary to the Commissioners, which en.
impossible not to .see, that the manifest tendency of t
closed his mislaid authority. It mentioned the au-
thority enclosed.
them was, to excite disgust and disaffection in the
minds of the soldiers ; and to hold gut to them that . , .
they were contemned and thought lightly of by those From the incompleteness of this evidences the. fact
of the paper in question being bought at the offieeof
whose duty it was to notice and cherish them. It
such a spirit as this were to be disseminated and to the Independent jVhig,No. 23, Warwick-squaresWaa.
gain ground,:it was unnecessary to detail the calami-
proved.; and Mr. Samuel Hill of the Stamp office
taus consequences' that Might ensue. Did the Jury produced the original affidavit..
believe that the common soldier felt a rankling jea- Mr. E. ',awes objected that the evidence was now
lousy in his brew that his officer should bear the more incomplete than before.
Lord ELLEbiBOROUOIi..—They ate not proceeding
badges and not himself.personally ? No : he would
rather point to it with exaltation, and exclaim, it see under tame statute now ; they have proved what they
how we are honoured ! See how our leader in the are not required by the Act to do,—the buying of the
day of battle carries about him tktrophy which he publication.
7end we won." It remained for the publisher of this Mr. E. LAWES proceeded to gate that the affida-
-Per to give ' woud testimonial the colour which vityas a nullity. 1. '
_ _ -

rar, giv —the ps,
if. is•here laboured to take ; and to seduce the soldier
from his duty, by endeavouring to-persuade llirnthat
its intention was to disgrace and vilify him. Another
part of the libel contained the most gross and abusive
scandal of his Majesty's Ministers. The Attorney-
General did not mean to say, um the measures of
an administration might not be discussed with free-
dom ; he always had been a friend to such discus-
sions.,.-always ought to be—and always would be;
but they did not justify a man in lavishing abuse
upon Ministers, merely because he did not happen to
think them fit for their situations. The publication
before the Cnurt bluntly said, that the character of
the present Administration was infamy—that their
conduct was held in universal abhorrence—and that
their every act was influenced by corruption. Wes
this keeping within the bounds of fair discussion ?
Had it any resemblance to discussion ? It was mere
scandal and general slander ; such as must .lever be
permitted to pass with impunity under the honoura-
ble
colour of fair and free discussion. Upon these'
grounds the Attorney-General rested his case ; his
Ijoidship would pronounce upon the law of it ; and
_
than ''indeed a libel, both as it

Farringdun . ,Mould be
proof in London was . If so, why in-
troduce a positive falsehood in the record? The
information charged a fact which had been dis-
proved in evidence; and, however the Court might.
rule it, the Jury had a right to say that the defen-
dant had not published the libel as alleged in the In-
formation ; especially as it was the criminal inten-
tion which constituted the crime ; and as no criminal
intention could be proved upon the defendant in pub-
lishing the alleged libel, which he never saw till it
was printed, and which, being-then confined at Dor-
chester, a distance of 120 miles from London, it was
impossible he should hive seen. But he should be
told, that the law imputed to him the responsibility
for every thing which appeared in a newspaper of
winch he swore himself proprietor. Notwithstanding
all that professional ingenuity should maintain, the
Jury would still decide from their consciences ; and,
as to the libel in question, the defendant was as one
who was told that he had done an act in his sleep.
He could call witnesses to prove that the libel was
pot his ; that the article was written so close upon
its publication, as to preclude the possibility of its
being previously inspected by him : and that when it
did reach him, in the paper 'in which it had been pub-
lished, he disclaimed all knowledge of it. He was
borne away from the scenes of his employment by
the heavy sentence of the law, with the only a!terla.
tive of continuing the publication of his paper, or em-
bracing immediate ruin by relinquishiug his only sup-'
port. He took GOD to witness lie never saw the arti-
cle till it was published, or counselled or sanctioned
its appearance. The actual writer of it, and bonaide
publisher, was willing to answer for it; but had been-
[rejected, for the sake of bringing the defendant once
more to punishment. He did not impute to the At-
torney-General any other motive for this conduct than
a sense of duty : but here the defendant stood, after
having been three years a solitary prisoner at the dis-
tance of 120 mile, from his business, which he was
'either compelled to renounce, or to entrust to the ma-
nagement of another. This deputy had offered to
surrender himself, provided the Attorney-General
would prosecute him, and not the defendant; but he
Ind refused to du so. Surely, however, the Jury would
not confound the innocent with the guilty ; and wile' e
was' that justice Which rejected the latter, and prose-
cuted the former ? The defendant was aware that he •
might have been spared this trial, if he had suffered
judgment to go against him by default; whereby he
would have confessed what he was utterly unconscious
of—the wicked intent charged by this information.
For resisting so mean a proposal, he trusted he should
meet with the approbation, rather than
.the censure,
of the Jury ; and should not place himself in their
- - • - -

Lord ELLENBO ROUoll.—The certificate is now oaly
supplementary evidence ; and if the affidavit was not
sworn before the proper officer, it is void. But if the
defendant had only written a letter, saying; I shall
carry on such a printing business at such a place, and
a paper had been produced bought at that. place, it
would be probable evidence to go to .a Jury, that he
iielendant was the publisher of the paper.
Mr. E. Lawns said, that his objection was, that the
affidavit was a perfect nullity, unless authorized by
the Act of Parliament. Here the affidavit had been
sworn before a person not appointed to take it.
Lord ELLENBOROUGII.-- It is against you both ways.
If they go upon the Act of Parliament, the affidavit
will be left to the Jury with such observations as the
produced envelope may suggpt in favour of its au.
thority. But, at any rate, they have a declaration
under the defendant's hand, that he is the printer,
publisher, and sole proprietor of a paper intended to
be published at No. 23, Warwick-square, on the 18th
of May ; and, on the 23d of September following, a
paper is published there. It is competent to you to
shew, that in the intermediate time lee ceased to carry
on the printing business 'there. Otherwise, the evi-

. .
Would tell them that it was .41 a•U‘3, ll•-••.--
ielated to the soldiery and the Administration.
[The libel was here read by the Attorney-Gene-
tal. ' Tr accused the Administration of general cor-
ttiptibn, and characterised it as fatally inefficient—
as betraying its imbecile character in its slightest
Sloven:lents—as scoffed at by the rest of m:ynkind
as putting the seal to its character by the corrupt and
elespntic act in queelon. The writer knew that it had
always been customary to bestow the reward on Cap-
tains, ,but Maintained that it oug'2.lt to be extended
strii &Wig. Bonaparte avoided all 4listiiitticins in
hts ansty :'there, merit alone ensured reward; and
atos.that inthrisiasip vellich prevailed in his
:service._ In our's, the melancholy reverse was found.
The_spitit of the language of the Giq.ette, is which
IhesetrewardsVere announced, was, that the superior
.eflict;r Alone viiAs honoured, the brava; . soldier eon?,
A.ertined as below the other's :level, and accordingly
Vekned the same reward.]
• The ATSORNEY-GENEICAL concluded by aikingthis
Juxy,, as men of plain sense, whether the tendency of
ttis paper was not to create disaffection iu the mind
,ef the soldier. ?,acrd if so, they would hear froni au-
.thority that it was a libel.
:Mr. EDWARD .LAWES rose in this stage of the
tia take hii Lordship's opininer ntson his
situa-
He' held a brief for-the Defendant. In the

hands with the less safety for that conduct. The law
!took him,to allistant pla,ze. It could not be supposed
[that it thereby meant to deprive him of his prop of
life; and it was from the operation of its sentence alone'
that he was brought to answer for this offence. It
might be urged that this was no defence ; the allow-
ance of it in this case would open a precedent which
would set wide the rites of Justice, and reduce her to
a there mockery. flat would not Juries be always
guarded against such a precedent ? Was a case like
the defendant's ever likely to .occur again ? His case
was solitary. Other printers hid either not been sent
to distant gaols, or their banishment thither had not
prejudiced the conduct of their papers. The law, it
might be said, considered nalting but the act for
winch the publisher had made himself responsible ;
otherwise collositin might evade it : but would .the
law in no case discriminate ? How far was this agency
held to extend ? What, if the 'agent, in a fit of lunacy,
were to insert a paragraph which amounted to high-
treason ? Would the Jury, therefore, send him to the
scaffold ? Where, then, did they draw the boundary ?
The defendant impressed upon the Jury, that by Mr.
Fox's Act they were become the Judges both of the

deuce is competent to go to a Jury, as to the fact of
the defendant being the Publisher of the Paper in
questiOß.
Mr. E. LAws.s requested that a note might be taken
of his objection. -
• Lord ELLEssoaouctr.—l. have already anticipated
your wishes.
The libel was then read by the proper officer, Mr.
Lowten. The paper was said to be printed and pub-
lisbed by and for the defendant.
Mr. E. LANES was afraid the Court were not yet ,
in possession of his objection. It was, that the affida-
sit could not be read for another purpose than that
for which it was made.
Lord ELLENBOROUGH.-I have heard your objec-
tion,—think it has no foundation,—over-rule it,—and
now we will go to something else.
Mr. Whitaker underwent a long cross-examination
by the defendant, to no purpose.
Mr. E. LAwes asked the Attorney-General, if be
went upon the first or the third count ; as he wished
to know which the libel was read as applicable to ;
for, having only the common faculties of man, he had
compared it only with the first in the record.
'Lord ELLrwaoaovcrt.—As• applicable to any. If
it is stated differently in different counts, it was your
business to discover that difference before you came

,aw and the fact of libel ; and were bound to acquit,
if Rival guilt be not undeniably established. The
case of Mr. Reeves established this ; in which the Jury
found the publication improper,,but denied the crimi-
nal intention of the defendant in publishing it. If Mr.
lox's Act did not bring within the purview of the
Jury the Moral guilt of the publication of libel, it was
wholly nugatory. It had been held, that the decla-
ration of criminal intention was a mere matter of
form ; and I.,Prd Mansfield, upon the trial of Miller
for publishing Junius's Letter to the King, and of
Baldwin for the same publication, had held, that the
words false, scandalous, and malicious, were matter
of legal inference; but. the Jury decided the contrary,
4cl found the defendants not guilty. Upon tke trial
of Owen for a libel on Alexander Murray, Esq. in
1/52, Pratt, Chief Justice, afterwards lAmil Camden.,
that Criminal intention was not proved ; and di-
is_cted the Jtirl to acquit the defendant. In the case
or Almon tile bookseller, Glynn, Serjeant, moved for
a new trial, upon the ground that the servant did not
sell the libel with the privity of his Master. In the
cake before the Jury, was there any subterfuge ? Vas
ilibre not much to allow for, and little tocondentn ?
In Hilary 'lserni, 17'29, a woman wag prosecuted as
the publisher of a treasonable libel, who had been long
b:dridden, but' who served in the shop. It was held
Chief

lon. ,ie _ , _—_
here.
!Summer Assizes at York, of the year A 795, in thel
ate of Mr. Redhead Yor::e, in which his Lordship The Gazette was put in and proved ;it being an
allegation that such an order existed .in it as the libel
'was o:tinsel, that Gentleman's advocates were per- I
quoted.—The defendant said, there had been no proof
'matted to.sross.ezaroine witnesses' and the defendant
wherethe Gazette was obtained.
kimself was heard in his own defence. Mr. Laves
. Lord ELLesisettouoit--Your paper admits it: The
requested for his client the s-4rne liberty now. There.
roduction of the paper is evidence in all cases, of
was a. printed report of that case ; but as the practice Pankruptc
Vas not fantli-ar .to the bar, he thought it tight to by.
tn.' ention fhe circumstance to his Lordship. The Defendant then proceeded to read his defence.
Lord ELLENEnuovail recollected, that on that oc- He had chosen to commit it to writing, mistrustful of
tr.sinn w;incsses were --iced by Counsel for the I the effect of his feelings, and desirous not to waste the
-ecol7 what time of theCoart. In thusdi- ---ing his.' litslie was

by the „ Justice, that she did not know of the li-
bellous intention ; and the Attorney-General with-
drew a Juror. The defendant concluded by pressing
upon the Jury, that his life would be dependent upon
another imprisonment ; and instanced a late example
of the effects of, that Species of punishment producing
first despondency, despair, and delirium, and ending
in premature death. It might-be urged against him,
that he continued the publication of his paperirom
motives of lucre;—that 'nigh, be • attributed, With
equal justice, to the soldier, or, incletd,to.the pleader.
If he had acted upon that motive, he had not met

.. exam:
.._
,!< fendant ; ' but ,fsi- did not re! Ilea upon _____ . . ..igesti: , thoug!
w—ith success ; su the heavy I, as of the law had
rrounds the indtilgence - was granted to him. His I following the example of that great literary genius. ! - -_ .-_ .: had nu,. ..
,ordthip could personally have no objection to it ; Mr. GilbsrtWakefield, who was long immured within !
toti :heanidnfaodraideadti,oant, but he was afraid of its growing into a precedent. the very walls from which he had just emerged. Mr.
Tut totaship was Counsel there, and of course bow. Wakefield did but live to taste of liberty
I wrested from him the greatest pottittn of his bard-
after i tamed Troll's. He recommended his ease to the synt-
b `point patliyo,
ti.iinadwt,oiatl.theicjhushtiecehrtodf
itahkeeJ, Jury';
cd to the dismiss:l of the Court. " I w.ill tell you confinement in Dorchester gaol, and died. For they
thesttn•eoqfuheisstdoeffelniics7l,egal Advisers; that the exception in
what, Mr. Lewes," said his Lordship, "lie must defendant, 7s,pes:hap:,:eser reserved even a. worses cal,.:-
eross.rxamine the witnesses tor himself ; but, it there inky, from which he had no prospect of escape, was nos done at their instigation.—At the conclu-
ke any question of law to which he is inadequite, he. in the troth and mercy of his Jury : and these he
1 rn:aut too call witnesses to speak of what he 11.1 d open4l.
Mr. White was asked, whether be
stroll' aie the ber.eftt of your amistance ; 1 should, trusted he should obtain, notwithtta Win all past
. . . ' . • . ~
.v. . .
.. . , ). . , i •-• .. • .„,
~ . „. . •--
. . ~ . . .
. . .
. .
•-, .
--- .. , . . • • - •
- ,
. . .
.- .. .
.. - . • .
......
_
• •
. • ,

I ,

. affect the Er ate
was responsible for what was printed at his press—
otherwise. the moment a man gets iuto jail, he might
epee his engine for all sorts of libel with impunity.
The defendant said, that be did not intend to call
his witness, that the Attorney General might not
have-the benefit of replying.
Lord gLLEN DO ItO IiGU —lie has that benefit whether
you do or net in this case, if he choose to exercise
his right.
The defendant then called his son, John White,
who said that he visited his father in prison every day
and acted as his amanuensis. lie knew of every,ar-
tide his hither wrote for the paper previously to its
being sent to London. The paper in question readied
the defendant only on the Monday after it was pub-
-1 shed. He was with his father from 12 o'clock on
the Sunday of its publication, and had been' so for
many days previously. Tu the best of the witness's
belief his father nsver knew of the libel till after it
was printed. The defendant had not been .el7l pluyed
in writing or readine; any such article, to the best of
the witness's belief. If his father had seen it in ma-
xnuscept the witness mus: have known it.
Upon his cross-examination by the ATTORNIV
Ge-
NERAL he said, he did not know who was the author
of the libel. When asked whether he had not heard
his father say whose it was, he asked Lord Elienbo-
rough if he was bound to answer that question? .ers
Lord EaLeNnostounit—Certainly-
'l'lic defendant interposed, and Mr. T. LAWSS
jetted oathe.question.
Lord Eia.sasonouon reftved to hear the Counsel.,
who, he said, had volunteered himself into a situa-
tion perfectly uewi and the Court expected that the ,
Bar would set the public an example in preserving the
•
order of justice. .. .
The detendara complained loudly cf injustice, and
-Lord Elleeborough cautioned him not to injure
him-
sell by such unfounded complaints.
The witness said, he might have heard his father
fay the libel was written by an elder brother. This
brother corresponded with his father once or twice a
week. The libel was never contradicted in the paper,
! which was published till now, but wfilcbhial changed
its proprietor, the witness's brother having become
so since his father came to town. The brother con.
ducted the paper while the father was in prison.
Upon his re-examination. he knew that his brother
had a discretionary latitude as to articles-under the
head London, as the libel was. Such articles were
written the latest in the week, and must be left to an
agent's discretion.
The ATTOANTY-GEWIRAL thought it his duty to
say a few words in reply. This was his pried's,
in an ordinary case, after a defendant had called wit-
nesses ; and would be so in this, whether he had or
had not. The defendant had first objected that the
offence was not committed in the parish and ward stated
in the information, and claimed the same benefit as
a burglar or a 'Murderer, of an error in the mete-
dings. The Attorney-General would take the toe
of murdtr. That offence must be proved in the same
county as the indictment charged, because the Jury
Must be of that county ; but the parish was a Mere
matter of form f and every murder in London was
stated in the parish of St. Mary-le-Bow, in the Ward
of Cheap, and executions had been suffered without
any body's dreaming of taking any exceptidh to it.—
'rhe Learned Counsel of the defendant very wisely
disclaimed all advice of such an objection's being
taken tcoclity ; and the Attorney-General was almost
ashamed to refute it. All that the defendant bad
urged might have been properly urged as matter of
mitigation ; but it had no bearing as to the guilt or
innocence of the defendant under this information.—
The defendant had endeavoured to excite much pre- •
jadice against the Attorney-General, and had offered
to give up the author of the libel, if he would have
dropt the prosecution against the defendant. The
Attorney-General could not enter here into the discus-
sion of what had passed between him and the defen-
dant out of Court—but this he would say, that no
publisher of a newspaper had ever less reason to com-
plain of severity than the present defendant. He
would go farther, and say, that none had ever bear
treated with a greater degree of lenity. The de-
fendent had endeavoured to impose upon the Attor. •
ney-General terms which he could not condescend to:
accept. The'defendant did not dispute the libel urns
which the law made a different comment from him ;
nor did he deny its tendency to excite disaffection
among the soldiers, or to slander his Majesty's Mi-
' nisters. He only said, 4, It was not my fault that I
published the libel—it was the law's." But let the
defendant recollect, that the offence he had formerly
been guilty of called for the ,sentence of the law ; that
he placed himself in Dorchester Gaol , and nothing
was there unjust than for him to impute to the law a
confinement wnich he brought upon himself. Having
brought himself into prison by one offence, was her f
to be permitted to send out firebrands ; and then say,
I am not answerable for the mischief they may occa-
sion? When the Attorney-General asked the witness
who was the author of this libel, he kucw from the
defendant that it was his own son ; and from that time
to this had no contradiction or disapprobatioa of it
appeared in his paper. This, then, was a mere pre-
text ; or, if not, why did not the very next Sunday
produce the antidote to the pois ii ? This might have
been Bane without disclosing who was the author of
the libel. The defendant had only to, :tete, that his I
confinement subjected him to employ another editor of
hii paper ; that ke had seen the libel with concern,
and that he desired it not eo be imaerstbod as cola.
ring his principles. If lie bad really repented, the road
' vines open to him ; and he ought to hive taken the ear-
Pest opportunity of making rest; ti.tion and reparation.
The Attorney-General desired the Jury to.being aa
much favour towards-the defendant as they would-s-
-and, he desired the defendant might have the benefit
of their favour—still, could his own friends. nay,
his relations pretend, that if be had repented of
the libel, he would not have contradicted it on
the earliest opportunity ? His Lordship would, tell
the Jury, that, by law, he who gars his muss is

_~~,...

•

I

I

•• 1 .
. . .
. -
• .
otherwlik,, IseettAblanateetelitifselmeltl:oll4betuderceleactiede *O4 elhece, ; which, as fary related AG .i‘t... ' .10.0aochlte selgelasiehaestialtatteice4
, i • .
anima. You met airtime him ebeeltil*lrittealSO bun, he trisated wad he cosupletel,y.tffaoed-ftutu stOectillit ld go only in .mi-64,--. tiCin astariot to am 7ls ,
to ask ;and, if there he any &atter Offlaw opcskthegy minds of the Jery,,,4 IN the frac, platk he tnanan oh. tAI ,but. his Lordalii uishadtp. know whether it e
I will-hear you as to dse law."- • ..41.,, .- , jection that the.plegeek publication, as set forth .in defendant would preier having it on his nores, or by
Mr. E. LAvras then tegnettedto be allow rotate the information, inut ehonfous. The libel was there affidavit before the Court hereafter?
ed
an objection as to the copy of the affidavit. which
stated to have beau ise,blished in the parish of St. The defendantsat first chose_to wain; but the Fore-
had been put in to prove the responsibility of the de. Mary-la-bow, in the ward of Cbeap ; whereas, it was man of the Jury saying it would be Inure satisfactory
fendant to whateier was contained in the Sunday in fact published in the parish of Christ Church, in to his ni;ad to hear it, the defendant called his wetness.
newspaper, called the Independent !nig. The Act of the ward of Farringdun Within, He should be told, . Lord ELLENISOIIOCUII told the lar)man to what .
plie nßrh a rho IC;nrr_ °thick recoonised this as suffi- that proof in London waa sufficient. If so, why in- extent only it would affect the cave. Every printer
... ......