The Statesman.
London, England, 1823-11-20 00:00:00

THE STATESMAN.

COURT OF KING'S RENCH.—(Tats Am).
THI LINO P. HARY&T AND CHAPMAN.
The Attorney General prayed the judgment of the Court
against these two defendants, who were convicted of a libel
on the King, before the Lord Chief Jostles at Guildhall,
at the sittings before the present term. Mr. Justice
Holroyd being lament, the thief Justice said the Cotirt
wonld take less important business untill his arrival.
On Mr. Justice Holroyd coming into cold, the Lord
Chief Justice read the report of the trial, in which the
defendants were found guilty of publishing a Statement
in a paper called the Sunday Times, of Feb. 9th last, that
his Majesty was confined, unde► the care of his physicians,
with a certain hereditary malady. 'they were teems..
mended to mercy by the Jury.
The affidavit of Mr. Chapman was then teed, stating he was
indoeed to enter his name as printer of the paper, for the sake
of his son, who wes under age, end held the situation of clerk
to the proprietor at a salary of lbs. a week, and that be had
been la the *ince of the Sunda! Times previous to the
publication of tne often'''. number.
Abldarits of the printer and of the reader were also reed,
deposing that the libel was not In the hand writing of Mr.
Harvey, sod that they believed that some other person was the
author. The Reader had searched for the original manuscript,
Nit could not lad it. because they generally destroyed them.
Mr. Harvey's affidavit was next read, in which he stated
that he gave up i very lucrative business, as en Attorney,
in order to qualify himself for the Bar ; but the Society of
the Middle Temple having refused to call, him, he
was obligedto choose a eew course of life, and became'
proprietor of the paper in question; in which he sought
the support of the public, by procuring the most
authentic intelligence from those on whom be thought
he could depend. In consequence of existing rumours, he
bad thought it his duty to make infinities, the result of
w►ich was the pablication of the statement for which be
was prosecuted. The affidavits ended by stating that Lis
health had been in a very bad state for these last two
years. The latter statement was confirmed by the affida-
vits of his physician.
The affidavit of Mr. Sewell, Mr. Harvey's solicitor, stated
that he hail subsequent to the filingof the inforrualion,
applied to the Attorney General, offering to give up the
author; but the latter answered he saw no reason to alter
the course that had been adopted. Mr. S. believed the
paper came into Mr. H's. hands as the truly means of
getting a debt due to him from the former proprietor
lividateft.
The affidavit of three of the Jory was refused on the
nhjec:ion of the Attorney General, that it related to their
resents for their verdict.

The ATTOINZT OItSISAL then pat in SOME affidavits in
egg ravat ion.
Mr. Harvey was Olin asked by the Court, whether he
wished time to answer Hese affidavits. Mr. H. said he
would rather proceed with the case immediately. at a dis-
advantage, than encounter the anxiety of further delay.
He, then commenced an energetic address to th • Court.
in the bourse of which he said, that so young a publira.
I lion as the Sunday Times, cupid have come ander
Ott notice of his Majesty. The prosecution was the At-
tiorney General's alone, and directed against him personally
and, said Mr. H. If I had a seat in Parliament, as I once had
for Colchester, I would Impeach the Attorney General, for he
told the not*, Lord, to whom he owes his seat, that he consi-
dered Mr. Harvey as the greatest enemy he had. This -
lion he could prose by evidence. In conclusion he hoped that I
their Lordlhtps would give weight to the recommendation of
the jury—according t.) their own maxim that Christianity
was part and parcel of the law of the land.
Mr. CHAPII4t4 said. that his defence was contained in
the affidavits before the Court, and therefore be had no-
thing to say.
Mr. Harvey said ha had omitted one point. They had
made oo affidavits of character and circumstances, because
they were not charged with being &miens subjects and the
like. He cited the cases of Arrowsusith Shlckell; and
Weaver, and their punishments as example; of the lenity of
the Court.

The ATVORI4 AY GENza AL spoke in aggravation.
The Comm after eonsultation, sentenced Mr. Harvey to be
confined three months in the King's Bench prison, and to pay
a the of 8001.. end give stwarlty, Maisel( in 10001. and two
securities in 3001. each. Mr. Chapman to be confined lo tba
same place two month•.

THAMES POLICE.—Tess DAT.
TIMPTATION.—IIichaeI bevy, 20 Hibernian was put to
the har, by Yates the officer. on a charge of felony. Yates
stated, that shout five o'clock last night 110 was on
duty is Clare Street, and saw the prisoner parading
about " on the look-out" and be ultimately went up to the
shop of Mr. Lomas, a dealer in earthenware, and stole
from the door four cups and three saucers, which were
exposed without side for show, anti attempted to make off ;
on which he secured him, and brought him to this
Office. The Magistrate, after having salted upon
the prisoner fur his defence, and finding he had
none to offer, observed it was a practice with trades people
to expose their rods out side their doors, and it would
be fortunate for many, if the street keepers would prose.
cute every one so offending under the street act, for it was
a temptation for thieves ; wh had the articles
been within side the shop, no offence might
have been committed. The character, however, of the
prisoner being known, he should treat him in a summary
way, instead of sending him to a jury.—th• prisoner was
therefore convicted as a reputed thief, and sentenced to 3
months hard labour at the Tread Mill.
IJATTON biAaalfEN.—(l'uts Day.)

The acting churchwar=tirkenwell, has for some
time past been enforcing within that parish, the laws
against persons exercising their callings on the Sabbath,
and publicans keeping their Louses open late, or suffering
tippling, during the hours of divine service.
Last Sunday, one of the constables of that parish, in
the course of his perambulations, met with en itinerant
vender of ssainuts, solid:in; custom. The constable went
to hirn,and,took from him his basket of walonts,t4ling him
to call the next day at this office, to which place his stock in
trade was removed on the Monday. The man, however,
never came ; and, after waiting for his arrival till this day,
it became necessary to ester mine what should be done with
the walnuts.

The Magistrates, after bearing the circumnances of the
case, eondemnrd the conduct of the constable in taking
possession of the man's walnuts, which they ordered to be
taken care of by the constable, and returned to the man if
be could be found.

A decision in a case of cesaio lately took place in the first
Division of the Court of Session in Scotland, which may
be ',femme importance to half pay officers. A Captain on
half pay, who had obtained his cotornission by raising an
independent company at the commencement of the war,
had become insolvent in consequence of somelarming spy.
ceiatidts. He load lost a small estate left to hint by his
father, and had incurred debts to the amount of about
NOW • to meet which le possessed nearly4oAll., thus afford-
ing to his creditors about 12. or 13e. to the pound. Two
of the creditors, whose claims arnountEd to about 1301.,
objected to the insolvent obtaining the benefit of the emir;
until he had made over some part of Lis pay. A variety of
cases was stated by their Counsel, in which Morro in sitoi.
lar circumstances were called upon to give ep a half or a
third of the Ociternutent allowance. The Court, however,
found that it had no p twee to compel an Officer to eater
into any arrangement of that kind, though a contrary belief
bad for a considerable number of years prevailed. No
imputation of fraud had been made on the present occa-
sion; and it was observed that the sum craved for would
scarcely amount to a farthing in the pound to the objectiog
creditors, or pay the Counsel then at the bar for his ap-
pearance.

TUE ARMY. •
wagiso
The 73i Regiment of Infantr -
y,—
which is ordered from.
Scotland to Ireland, will embark at Portpatrick for Don.
sieghadee. The 6.ith (2•1 York North Riding) Regiment
.f Fobt, marched from Hull on the 14th inst. for Edin.
burgh; where he will s.rrive on the 31 of December. The
Wth (Leicestershire) Regimenk of Infantry, which
ilwarcbeti from Gosport on the 12th instant, will grrive at
dull on the 3d of December. The 231 (Royal Welch
Yneileers) and the 77th (East Middlesex) Regiment of
Foot. have received orders to proceed from Dublin to Lurk,
in order to embark for the respective destinations.
COURT OF COMMON Fl,EAS.—Dowtart, Nov. 18.

Yesterday, at the sitting of this Court, Mr. Thome.;
Flanagan, of !Big), requested permission of their Lord-
ships to address thetn.—He stated, that he had filed a
Petitition, to which he begged leave to call the atteotion
of the Honourable Court, and particularly that of Mc.
Justice Johnson. By the established laws of Great Britain,
me doors of that Court were thrown open to every British
subject. But suppose a bill was filed in Chancery, and
that a man was without money, bow was he to meet it?
N. would like to be abewn the lawyer who would practice
without a fee. What be .wanted to establish wss, the
vtivilege of a man coming into Court and arguing his
ww• ease, without the humiliating interference aad extra-
irdinary expense of Attorney or Lawyer. He, blastoff, did
not value the expense, but in Ireland where the poor are
really poor, they could not afford it. See all the stamps
that are on that bit of paper which I. scarcely large enough
• tot hold a pennyworth of ant4—(Here Mr:Flanagan held
rep • piece of paper.) —He cared not for the stamps,
.but he
hoped that'the Court would make the proper order, and
tbal it should be given to him by the aficer of the Court.
Lord Noasuar.—Mr. Flanagan, what order is it that
yeitseek ?

Mr. Flanagan.:-My Lord, I have filed a petition, and
what I seek is, that I may be permitted to come into
Court and argusam it, without employing either Lawyer or
Attorney:
Lord Noaauar.—Let•ypor petition he read.
Here the petition was read by the Officer of The Court.
Lord Noanuar.—Mr. Flanagan, I would advise you, in
the licit instance, of the great danger you run, should you
you publish that paper. It is very unbecoming' in you,
and personally dangerons ; it is a libel on the House of
Commons and on the Court. We have condescended to
hear yon, on the principle that every man should be heard
in a Court ofJustice. We were not aware to ;chat your
motion might have related, but on it we shall make no
order.—(Here Mr. Flanagan was about to speak) I cau-
tion you, Sir, that we will hear no more to-day. If you
havrany thing else to address to the Court, apply to the
p roper takers.
Mr. Planagan.—My Lord, will you al►ow me to
Lord NORSURT.-Sir, the Court has treated you with
great lenity. It is highly indecorous In you to per-
severe when the Court has told you it will wake no
order.