The Statesman.
London, England, 1821-11-14 00:00:00

Tilt XING V.. 4242411 (ARUM

Mr. Coots* moved for a rule to show cause why
the verdict should not be set aside and a new trial
had. He said he moved this upon an affidavit, in
which the defendant stated that, on the 24th of July
last, she was tried in this Court upon the prosecution
of an association calling themselves a Society for the
Suppression of Vice, for the publication of the Theolo-
gical Works of Tom Paine. Her defence consisted of
printed and written matter, and she was proceeding
with the same, when the Learned Judge stopped her,
saying he would not allow her to proceed any further.
The deponent was stopped at the following passage
" The Defendant ought to have been indicted under
the Statute Law, making it penal to revile and scoff at
the Holy Scriptures, but her prosecutors were too vin-
dictive to take that course. They knew the object of
the statute was only to disqualify the party convicted
-from holding civil or military offices. They therefore
indicted thedefendant on what they called the Common
Law, " which was nothing but a common abuse."

The Loan CHM IUSTICS—The defence was
stopped by the Learned Judge, upon the reading the
passage which asserted that the common law was no-
thing but a common abase!
Mr. Coopan—lt is so stated in this atidavit.
The Chits JusTicE—Do you think that ought to
have been read ?

Mr. Coopaa—lf your Lordibip asks me my own
private opinion, I will state It; but I am bore as an
atfrocate for the defendant.

Mr. Justice &mar—One of the reasons why gen-
tlemen are placed in the honourable situation in which
• yon are, is, that they should exercise their own discre-
tion and judgment, and be watchful that the decency
of a Court of Jastice is not •iolated.

Mr. Comma said he was only stating the defe:knt's
affidavit. He had only got through a small of
. it. It was not on the ground that the defence was
stopped at that particular part, that he founded his
present application. The ground on which he moved
was that the defence was stopped altogether.
Mr. Justice BEST—You, who were in Court, know
thaPthat was not the fact.

Mr. COOPCIII was not in Court.
Mr.. Justice BEsT-1 beg your pardon, I observed
you *ere.
Mr. Coovaa—l beg your's. At the time this trial
was on, I was in the Coffee-house getting my break-
fast ; and I did not return to the Court until the ver-
dict of the Jury was pronounced.
Mr. Justice Bssv—Then IL beg pardon, Sir.
Mr. Coors& proceeded to state the defendant's affi-
davit, which went on to assert, that as soon as the pas-
sage above referred to had been read, the Learned

.lodge desired deponent to take the manuscript out of
Court, and expunge from lunch objectionable matter;
which deponent declined doing ; upon which the
Learned Judge said " Let It be read, and if it goes on

in the same Jude, I will stop it." Whereupon the
officer proceeded to read the defence, and other matter
occurring which the Learned Judge thought objec-
tionable, he again interposed, and after having given
her permission to have her defence read, instead 6f,
doing so, insisted upon her retiring from the Court,
and striking out the objectionable matter. That de-
ponent accordingly retired, but deponent not thinking
that there was any thing objectionable in her said de-
fence, returned and persevered in her refusal to mutilate
Ler defence, declaring to the Learned Judge, that if an
Englishwoman was not permitted on her trial to state
to the Jury what she considered necessary to her de-
fence, she must abide by the consequences of such de-
cision. Whereupon the Learned Judge immediately
charged the Jury, and the Jury found her guilty with-
out having been heard in her defence, and without
having been permitted an opportunity of vindicating
herself against the charge imputed to her by the in-
dictment. And deponent verily believed, that if she
lad been permitted to proceed in her defence, the
Jury would have found her not guilty, but, in fact, her
defence had been totally stopped before one-tenth part
of it bad been read. It was upon this affidavit, the
Learned Counsel said, he made his application fora new
trial.

Mr. Justice BEST—Now I will state the real facts.
Mr. Commit—l know nothing of the facts myself.
I don't know one word that passed, but what appears
upon this affidavit.
Mr. Justice BEST—When this case was called on,
the defendant appeared to defend herself. She banded
me a paper, taking objections to persons belonging to
this Society sitting on the Jury. I asked every Ju-
rvntan who went into the box, whether he belonged to
Ibis Society? All the Jurymen answered that they
did not. The Jury were sworn, and the case went on,
and when the case on the part of the prosecution -was
closed, the defendant handed in a written tddress: I
certainly objected to some parts of it before she came
to that part which spoke of the common lair of Eng-
land as being a common abuse. I took no 'trite of it,
and can only speak of it from memory ; but I remem-
ber she used expressions contending for the right to
question the truth of the Christian religion.' I then
told the defendant, that I could not suffer inch -s • de-.
fence to be made ; but after some reflection. I thought
it right to let her go on a little further. ,The lefencit
was accordingly read on, when the passage which has
been alluded to was read. Upon which I said to her,
" Madam, I cannot permit this to be read." She said,
" then I make no defence." I said, " you cannot be
permitted'to read such matter as this in a Court of
Justice. I desire you will withdraw with sosaelriend,
and expunge the objectionable passages." Site said
she had no friends in Court. • I said " there are many
gentlemen sitting in Court—gentlemen at the bar,
silo will cheerfully give you their advice and assist-
ance, and who will go out with you for the purpose of
reading over your address, and expunging such mat-
ters as are objectionable." No, she said she could not.
She would abide by the consequences. She appeared
to have a friend who sat by her in Court. and I ad-
vised her to withdraw with him, if she. thought pro-
ver ; but she would not. The Jury interposed. Se-
veral of them got up and complained of these pasitget,
Ind told her she was doing herself great mischief, and
tiesired that she would withdraw. Upon whicb. she
did withdraw with a friend, and returned in a minute
or two, but instead of altering one single word of her
address, or pretending to do so, she banded me a pa-
yer couched in these terms—" I have only to say, this