The Statesman.
London, England, 1821-09-24 00:00:00

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NORTHERN CIRCUIT.
LANCASTER, SEPT. 41.
IBEL—PROSECUTION BY " THE CONSTITU-
TIONAL ASSOCIATION."
THE ZINO V. RIDIWAT.
Mr. Tutu* c opened. the ease, wil be said to be
an indictment charging the defendbnt with baying
published a libel on the King, the Heirermieat, and
the Constitution of the country.
Mr. Serjeant HULLOCK said hie friend Lad already
informed the Jury of the nature of this indictment,
and that his duty, as the prosecuting Counsel,
would lie in a very narrow compass: and he felt
no inclination to exceed the limits of his duty, be-
cause the language was too plain and manifest to be
mi.understood, that if they, on bearing the passages
read, were not convinced that they were of a perni-
cious and evil tendency, be could use no argument
that mould bring their mind to that conviction. The
def ?adorns was a fustian cutter in Manchester, but ad-
ding to that business the selling of political pam.
phlets. The libel was to be found in " A New Year's
Address to the Reformers 'of Great Britain," which
he should prove to bare been purchased of the defend-
ant. The learned Counsel then read the following
passages of the libel:—
" To talk about the British Constitution is, in my
opinion, a sure proof of dishonesty. Britain has no
Constitution: if we speak of the Spanish Constitution
we l.e.re something tangible. There is substance and
meaning as well as sound. In Britain there is nothing
constituted but corruption; the system of Government
—our very laws, are corrupt and partial, both in them-
selves and in their administration. In fact, corrup-
tion, as notorious as the son at noon-day, is an avow-
ed part of the system. and is denominated the necessa-
ry oil for the wheels of the liovernment. It is a most
pernicious act to the interests of the people."
And in another part he says—" Reform will be ob-
tained when the existing authorities have no longer
the power to withhold it, and not before; we shall
gain it as early without petitioning as with it, and I
would again put forward my opinion. that something
wore than a petiouiag attitude is necessary. At' this
moment I would not say a word about insurrection,
but I would strongly recommend union, activity, and
co-operation. Be ready and steady to meet any con-
current cireumstances."
Publications of this description were usually sold
low. so that they might be within the reach of every
one. This document was published at the low price
of two-pence, in the heart and centre of Manchester,
a place of great population, and subject, as we all
know. to great political agitation. Their judgment
was to be exercised in considering whether this libel
could be innocently published, or whether it was not
published with the intent ascribed to it in the indict-
ment. The man who would say that the laws were
corrupt, he would say was not content with his situa-
tion. They bad only arrived there yesterday, but no
man who had been in attendance for the last ten days
would say that oar laws were not duly administered ;
the poor man could contend his rights with the proud
man under a perfect reliance of receiving justice from
the bands of those to whom the administration of the
laws of the country were entrusted. Hitiould put ti
to them to say, whether a man who could give pub-
licity to such a document, " that Reform would be
obtained without petitioning," and 44 that something
more than a petitioning attitude was necessary," could
have any other motive than to stir up insurrection
and discord.
Mr. BROUGHAM objected to that part of the libel
goiag to the Jury. and also to his friends putting a
meaning to the passage on which the record was silent.
No meaning or inuendo had been placed upon the
record, nor had the defendant had any notice that a
meaning was intended to be put upon it; he was
therefore unprepared to meet it, and he should take
his Lordship's opinion whether that part should at all
go to the Jury.
Mr. Sergeant lintancx—Certainly his friend was
premature in his objection, and be did not think it
could be maintained in law.
Mr. Justice HOLROTD said it was a matter to be
urged in arrest of judgment, rather than at this time.
Mr. BROUGHAM-With respect to its being a matter
for an arrest of judgment, he differed from his Lord-,
ship. If two passages were charged as libelous, and
*rye contained inuendoes and the other did not, and the
Jury found a verdict generally, how was the Court
afterwards to say upon which the defendant bad been
convicted? suffering it to go to the Jury, they may
affix a meaning totally different to what the indictment
intended to charge, and how would it be possible for
the defendant to guard against the impressions they
might act upon?
Mr. Justice HOLROTD said the Jury must have the
whole record before them.
Mr. Beououan--Thea he felt it his duty thus early
to make an exception to that passage going before
them.
Mr. Serjeant HULLOCH resumed. He bad nearly
finished. and had only a few words further to add.
What, he said, could be the meaning that something
mare than petitioning attitude was necessary and his
allusions to the Spanish Government? Why his ob-
ject was so palpable that " he who runs may read, and
reading understand." It could only be to raise up
tumult and confusion, and he beseeched them seriously
to consider if it could have any other motive. lie re-
joiced, he said, that the defendant had employed the
assistance of so much talents, and after 'herbed heard
his eloquence on his behalf. he would venture to af-
firm that they would come to the conclusion that this
was a false and scandalous libel.
Evan Miller knew the defendant, be lived in Man-
chester, either in Swubrick or Sackville-street. He
keeps a small shop, chiefly consisting of pamphlets
and books. Fie also saw checks and linens. He re-
collected seeing a printed paper upon his window
shutter—" Just published. an Address to, the Re-
formers of Great Britain." He made an application
at the shop to purchase the pamphlet on Tuesday, the
nth of March last. He was directed to okay there
for it by Mr. Thomas Nadia, a solicitor of Manchester.
He is his clerk. He saw the defendant himself, and
asked him if be had the pamphlet iplkd, " A New
Year's Address to the Reformers .4 Great Britain."
fie said be had not, bat VMS writing. that evening,
and be should have it by the latter end of the week.
and if the witness-ws&• come towards Saturday he
made no doubt but be should then have it. The wit-
ness promised to call again on the Satnrday or Mon-