The Statesman.
London, England, 1821-11-16 00:00:00

-70 Z

„ • Al'

LAW INTELLIGENCE.

•
COURT OF NINO'S BENCH, Nev. -16.

TIM RING V. MART ANN CARLILI. •
FURTHER PARTICULARS IN ADDITION TO OUR REPORT Of
TBSTIIRDAT.)
Mr. HENRY Cooeza addressed the Court on behalf
of the defendant, in mitigation of punishment, in the
following strain :—Far was it from his intention on
this occasion to utter a syllable which could in the
slightest degree be construed into a reflection upon
the doctrines of the Christian religion, which, as a
system of divine morality, commanded the homage
tied reverence of every well-regulated mind. Without,
however, questioning the motives of those who thought
prosecutions for blasphemy as essential to the mainte-
nance of the sanctity of the Holy Scriptures, be doubt-
ed much whether the cease of real religion was served
by such proceedings. It was a mistaken notion to
suppose. that the publication of works of the nature
ascribed to the defendant could injure the cause of re-
ligion. Such was the nature of man, that it was im-
possible to eradicate from his mind a due sense of de-
pendence upon the will of Providence—of humble sub-
jection to tbb commands of a beneficent Creator, who
was the fountain of all good and beneficence, and
whose divine attributes filled his soul with adoration
and gratitude, whatever might be the puny efforts of the
sceptic and the Atheist to shake their influence. Reli-
gion being by nature implanted in the heart of man, any
attempts. however imposiog,to smother its dominion over
his conduct, must be unavailing, and probably from this
very circumstance, publications of this natu e might be
attended with &Memo harmless effect by their influence in
restraining man's-natural inclination, to the extremes of
bigotry and superstition. The example of the French
Revolution was a striking illustration of his argument.
During the sanguinary horrors of that dreadful con-
vulsion, religion was desecrated and treated with con-
tempt ; but when the fury of its blind atrocities had
subsided, Religion resumed her influence ever the
heart of man, and reasserted her dominion ov.'r his
actions. The worthiest divines and the best writers
of this country had raised their voices against the
spirit of persecution for the cause of religion, as its
most destructive enemy; Latimer, Ridley, Payley, and
many other eminent pillars of the Church, had in the
most eloquent discourses deprecated prosecution for
religions dissensions, as a mesas of upholding the di-
vine truths of the living God. In this sense and in
this spirit, he was persuaded that free discussion upon
religious as well as other topics, so far from tending
to degrade the nature of man, tended rather to en-
lighten the mind, and give it a truer sense of the
blessings of Providence, and the beneficence of the
Creator. Touching the situation of the defendant on
the floor, she had at least given evidence of the sin-
cerity of her belielf in those doctrines she had pub-
lished ; for connected as she was with other members
of a family who were now lingering in a dungeoe
fur the cause of their Infatuated opinions, their exam-
ple had no terrors ferber in the path she bad pursued;
and therefore charity must inctine-the-Court to be-
lieve, that though she was sincere and zealous in the
cause, she was not influenced by the base motives of
malignity and deliberate wickedness. As a helpless
woman—of ale% which kindled in the heart send-
melts of love and admiration for its virtues, and Mk,
der forbearance and considerate sympathy for its Waik-
ato*, physical and moral, the defendant appeared be-
fore the Court to receive sentence ; and without de-
predating its justice, she besought its compassionate
conbikieradoo. in the unhappy situation in which she
was placed—bereft by the arm of the law of friends
and kindred, to advise and guide her in the path she
ought to go.
Mr. OURNIT (in aggravation) felt it unnecessary to
detain their Lordships one moment with comments
upon the character of the libel in question. Upon
the conduct of the defendant few words would be suffi•
cient. Whatever might be said as to sincerity of
opinion, he (Mr. Gurney) believed gain, sordid gain,
to be the stimulating motive which had led her into
clime. Four distinct individuals, Carlile, his wife,
his shopman, and his sister—had been taken, one after
another, from the shop in Fleet-street ; they had first
been brought to trial, and subsequently to punishment.
Penalty, it appeared, excited the defiance of Carlile's
family, instead of operating upon them as example ;
the arm of offence was insolently set up, and pitted
against the arm of the law ; but the sentence of the
Court (Mr. Gurney trusted),would prove to the world,
that however offence might prevail for a time, the arm
of the law, in the long run, was the stronger.
Mr. Justice BATLEY (after deliberating with his
learned brothers) pronounced the sentence of the court
yearly in the following terms :••4' Mary Ann Carlile,
Mott stand here to receive the judgment of the Court
far a libel reflecting on the Old and New Testaments.
Every subject of Ortatßritain is entitled to hold what-
ever opinions he pleases ; bat none can be allowed to
impeach established faith, or to endeavour to unsettle
the belief of others. Youttottasel, In his very judi-
cious address to the Court,'ltes treated your' opinions
as erroneous ; and I believe that every man who thinks
upon the subject will come, sooner or latet; 'to the,
same conclusion. For myself. I caiwoly say that,
after much deliberation and research, each Is the con-
clusion at which I have arrived. The Court llals to
fears for the safety of the Christian religion.
.slt does
not believe that the rock upon which Chiistia)fity
maestri can ever be shaken by exertions like yours.—
But' the Court has a duty to Perform to society ; to
the"poor, who have not the means of examination;
and to theyoung,. who may neglect to use the means.
'l'o those persons, whose greatest enemies you are, the
Court is bound to give its protection; the example of '
your. family has not deterred you from offending; and
it would be dreadful indeed if, for your particular pro-
fit, you could. be allowed to poison the minds of a
whole eowinanlty. The Learned Judge • theri pro-
ceeded, to pronounce the sentence of the Court, as
stated in our paper yesterday, and the defendant left
the. Court in the custody of the proper office,.
Tie ICING V. GIORGI' DIXON.
Oa the motion of Mr. PROUOIIA11;• this. defendant,
convicted at the last Assizes for Cumbertavd of a
nuisance in obstructing an old road,hefore 4 new one
substituted by as order of Sessions /Oa completed,
was brought up to receive the sehtenikof the Court;
but% after hearing Mr. Ci)otTAN avitar4llli.,A4.uca-
anis fof the defendant, the case was' erdeyeil ko stand
to vet to a future day.

CRIMILNAL INFORM.
Mr. F. Pot.t.ocit obtained a rule
information against seven Burgesses
Tired, for riotously disturbing
tb Ilinynr and Corporation during
the ()unity= slater connected
of the Corporation:'
THE KING v. DAVIS AND SNOWDIRN.
Mr. SCARLITT (with whom was Mr. WI Lev) prayed
the judgment of the Court on these defendants, who
had suffered judgment to go by default to a Co
*anal
Information, for falsely making an affidavit' of debt
to the amount of 6,5001. by which James Davie, Esq.
the prosecutor. was unjustly arrested, and put to con-
siderable expense.
The defendants prayed time until to-morrow, to get
their affidavits, in mitigation of punishment, ingrossed
on stamped paper.
COURT OF COMMON PLEAS, Nov. 15.
•
This Court sat in Banc. until sear one o'clock, bit
nothing of any public interest occurred. •
Mr, Justice PARK then went into London to try
Nisi Prime cases. The following was the only cause
worthy of notice.
RICIIARDVON V. LAMP.

Mr. WEST opened the pleadings.
Mr. Serjeant VAUGHAN stated the ease to the-Jury.
This was an action of trover to recover a dessaiog
case, the property of the plaintiff, which the defendant
now illegally retained in his possession. The dressids
case was splendidly fitted-up with silver gilt ornaments
and was valued at the sum of 160/. the ink-stand was
of silver, valued at 40/. The plaintiff was an officer
in the army, and these articles had been purchased by
Mrs. Mestaer, from the defendant, for the purpose of
presenting them to the plaintiff. He had *laze been
obliged to take the benefit of the Insolvent Act. The
Learned Serjeant called
Charles Cox, who swore that he went to the shrp
of the defendant for the purpose of pucka: ins a
dressing case, when the case in question was *hewn
him, with the crest of Captain Richardson on it. the
defendant observing that it was perhaps too dear for
the witness. He subsequently served a notice on the
defendant, desiring him to give up the desk, and
offering to pay the amount of the money due. and in
the event of a refusal, threatening au action of 'rover.
The defendant demanded 1931. which the witness
being unable to pay, the defendant refused to let hills
have the articles.
On Isis cross-examination lie denied that the plaintiff
bad ever represented himself to be the son of Mrs.
Mestaer, or that that Lady was a Princess. He had
been informed that the desk had been purchased by
Mrs. Mestaer to present to the plaintiff, and that the
defendant had carried it to Mrs. Mestaer's account.
Mr. Hague was calla—lie proved that he was the
solicitor to Mrs. Mestaer, the residuary legatee under
the will of Mr. blestaer. lie called on the defendant,
in.order to range the account between him and Mrs.
Mestaer ; the witness then protested against the case
and inkstand being carried to Mrs. Mestaer's account,
but the defendant persisted in his declaration that
Mrs. M. was liable to him for it.
Mr. Serj cant LExs for the defeedeetti.colteaded
the plaintiff hid not proved his claim...owes admitting
that Mrs. M. had ordered the case in order to present
it is Mr. Itieharsisee, yet alter iexhisi bees seat to that
Lady's house for about three days, the plaintiff called
on the defendant, and told him, be (plaintiff) was
sorry it bad been sent, for Mr. M. was dead, and it
was not likely it would be paid for then, and he, there-
fore, requested the defendant to sendfor it back again,
and keep it until he could pay for it. The Learned
Serjeant insisted, that if the case bad been originally
made on account of Mrs. Mestaer. yet by the subse-
quent request of the plaintiff, he had forfeited all
claim to it, unless he could pay the defendant, for he
had by that request.created a lien for the debt due fur
the value of the case.
Lamb, a shopwan and militant of the defendant,
proved the request of Captain Richardson, to which
the Learned Serjeant had alluded ; he admitted the
defendant had given a credit to the plaintiff for the
inkstand.
When cross examined by Mr. Serjeant Vattenas. lie
stated Mrs. Mestaer bad originally ordered the case,
saying it was for her son.
Mr. Corry the Assignee of the plaintiff's estate, ali-
bis taking the benefit of the Act, swore that he had
not given his consent in any manner to the present

action.
The plaintiff's Attorney here stated that the last
witness had not been appointed Assignee nut)! the
present action was brought.
Mr. Serjeant Lem,. for the defendant. again ad-
dressed the Jury on the evidence, after which Mr. Ser-
jeant VAUGHAN having replied,
Mr. Justice PARK summed up the case. lie ob-
served that there could be no question as to whom .the
case belonged, for Mrs. Blestaer had originally ordered
it for the purpose of presenting it to the plaintiff. The
only question the Jury bad to decide was, whether the
plaintiff bid not given the defendant a lien on the cstae•
for his debt. The whole was a question on the creiit
of the parties.
The Jury consulted for a short time. ,and then re-
turned a verdict for the plaintiff; damages MI, the
verdict to be vacated on the return of the 'ease and
inkstand. •

r!

POLICE.

Quil.npai.L.7,Tbe final decision of the question, hg-j
tweets the City Liberty of the Parish of St. Andrew.
'and the Inhabitants of "navies Inn, relative
to the ability 6f the latter to be assessed to the rates
for the relief of the poor of that Liberty, took place yes-
terday 'before the Aldermen C. Surru and Cox, who
were assisted in their determination by the City Solici-
tor. in addition to their usual legal adviser, Mr. Payne,
the Magistrate's Clerk.
After hearing the parties, the Magistriies withdrew
with their legal advisers into the parlour, and on their
return into the office; Mr. Alderman C. SUITS said, that
he and his brother Magistrates had entered filly into
the consideration of the question. and Mr. Payne, the
Clerk, would read their decision upon it.
Mr. Payne then read from his minutes the iikielsion to
the following effect
“ That the Magistrates baring taken Into enitsiders-
don the evidence brought forward, tad thelirguinents
adduced, entertained great doubt whether Thule§ lon
is liable to be assessed to the poor-rate. and do not, ie.
. der all the circunimances.thinkAbeinselves justified in
granting the watraut.egaiust Dir. Fraser." • .
dec.* ardititgOd 'with keeelog

house its Wych-strrot, to the great Nifty
ighbourhoocl. She Babe bait to &pipes' at
and answer au indictment at the suit of the
, Clement Danes.
OUGH-STRlEET.—lnformation was given yes-
. young man of genteel but sickly appearance,
used a number of forged 10/.' notes to different
gentlemen le the medical profession.
Dr. Gregory, of Great Poi tland-street, stated that the
6
man in question called upon him, stating t he labour-
ed under severe isilLiposition, and wish advice.
After relatineegie symptoms of his disor -Doctor
wrote him a prescription, for which he a 10/.
note, but the Doctor not having change Is a house,
desired him to call again. Shortly after, Dr. Gregory
understood that the sick man had 'passed a 101. forged
note to a neighbouring surgeon, and got the change.
It was then ascertained that the practice has been very
general, and a description of the offender has been taken.
MART-LE-BONE Orates.—Yesterday a man named Sa-
mna Patmore underwent a second examination before
John Rawlinson, Esq. the Sitting Magistrate, on suspi-
cion of having robbed several churches of various pro-
perty. He was remanded for a week.
HATTON-GARDEN.—Yesterday a well known prig was
brought up for examination, charged with stealing a
piece of stuff, 14 yards. from the shop door of Mr.
Frederic k King, linen-draper, on Friday night last;
the prim nor was seen to run away with the stuff by a
patrol. who pursued and took him into custody with the
property in his possession. Mr. King, the prosecutor
having refused to attend to give evidence against the
prisoner on the first examination, the Magistrate order-
ed him to be served with a summons to attend this day,
but which he disobeyed. The Magistrate then issued a
warrant, and Mr. King was brought up in the custody
of Thisselton, the officer, and received a severe repri-
mand from the Magistrate for his conduct, stating that
he had rendered himself liable to a prosecution and se-
vere punishment on three separate charges. First, for
concealing felony •, Secondly, for compounding felony,
and lastly for disobeying the mandate of the Magistrate.
Mr. King apologised, and expressed much contrition.
The charge was then gone into and satisfactorily proved.
The prisoner was fully committed for trial.
UNION-HALL.—Three well known characters of
the names of Rolls, Jackson, and Walton, were com-
mitted for trial for robbing the house of a Mt. West-
ley, of Church-court, Lambeth, on the sth of Novem-
ber last.
A chimney-sweeper, who was in the court with a
lighted link on the evening of that day, saw Rolls get
on to the shoulder of Walton, and from thence into the
first floor window of the prosecutor's house, and after
remaining there for some time, he descended by the
same means. The alarm was given, and the three pri-
soners were apprehended, all of them having been seen
acting in coecert together in the same court. Oa one
of them was found an ken chissel, with which a box
in the room had been broken open, and a watch taken
from it, which was also found in their possession.
DISTURBANCE AT THE COBOCRO THEATRE.—A gen-
tleman of respectability preferred a charge against an
officer attending the Coburg Theatre for misconduct,
arising out of the following circumstances:—
On Tuesday evening the gentleman. accompanied
by his lady, went to the boxes of the Theatre, and re-
mained there undisturbed till nearly the close of the
performance. In the last act of the evening's enter-
tainment, one of the box-keepers desired his lady to
take off her lounge. but on its being represented that
she was an-Invalid, and that it wollid be attended witb
an inconvenience to her, the request was not pressed,
sad the person Mind. Shortly afterwarits- the prin-
cipal attendant <Alin boxes came and ^renewed the
application, and the same reason was given why it
could not be complied with. On this reply being
made, it was alleged that be was assailed with lan-
guage highly derogatory to a gentleman, and threat
ened to be taken forcibly out of the Theatre. He
left the box, and' on reaching the saloon, the officer
now charged was about to handcuff him, notwithstand-
ing he had proposed to leave his name and address, if
the Proprietors of the Theatre thought proper to insti-
tute any proceedings against him.
Mr. Rorauer, the box-keeper, and the surroundieg
spectators, however, interfered,
and be was discharged
on leaving his card.
The officer admitted that he bad taken out the
handcuffs, but not till after the complainant had mani-
fested a disposition to be turbulent, and did actually
throw him nearly across the saloon. The accuser was
not handcuffed, and, at Mr. Rorauer's desire, lie was
discharged.
Mr. Roraner, on behalf of the Proprietors of the
Theatre, related that one of the under box-keepers had
permitted the gentleman and his lady to occupy seats
in the dress circle, on the condition the lady would
take off her bonnet. After a considerable lapse of time
it was observed that the promise had not been attended
to, and a message was sent, that it was against the
regulations of the Theatre to suffer bonnets to be
worn in the dress-boxes ; an excuse was made to
the messenger, and Mr. Rorauer himself went to the
gentleman, and politely reminded him of his engage-
ment, and at the same time offered hint the acconunu-
dation of a private box. • The proposal was rejected,
and he was certainly told that his conduct was unlike
dist of a gentleman' inttbat the rules of the Theatre
'it'ntild be enforced. The 'clectinistances before stated
then took place; but' he was liberated on giving his
',name and address. 'the object being solely to maintain
propriety in the Theatre.
Mr. Citamnens bald that it appeared that the gentle-
Ilan who bad the management of the boxes bad been
very detirons of affording every accommodation which,
under the circatnstances, he could, and the' complain-.
ant having been admitted' into the ilress-boxes under a
stipulation. which he thought proper afterwards nut to
abide by, and than to seehimself up in opposition to
the regulations of the house, the better way- was to
turn such persons out of the 'Theatre.
The charge 'war dismissed.

ANOTIIII' ACCIDENT AT ST. PAOL'S
CATHEDRAL 12. o'clock 'yesterday, as a painter
was quittitio the itraficld on which was at Work in the
interior of the Chirrch, last by tititt South entrance,
happening to tread saes= loose plank, he feel to the bat- !
tom, .a height of SO feet, and was literally dashed to
pieces. Me_ was &young man unmarried.
SnocEtria. Atcinsww. —AI tinr collier brig. John
and Mary, oflteweastle, waitivepping up the niter on
Monday last: a seaman,. named Themes Mason, fell
from nhder the foretop across'the fore-bitts, andsys-
flatted severe contniforis of thW shoulder and spine,
and a conceniiion of si tbe'brain 'he was conveyed+ 09
lioa'ref the Sehittin's Haspilei &tid-
ied coaditimr;Where; tilt' Mnrediite 'attention and me-
' dical advice, lopes ate entertitied of his reenverz.

TRIP STA, Ira ‘
• y disorderly how
Is aiti fot sal eor the eeig
tip of Be • 7-, , e sessions, aim
- sh of St. Cl
the 4 MA/11.110110U
1g the Pepeamer. terday of a Yo:
;ed with the Wiliness having passed .
condenses io tb