The Statesman.
London, England, 1822-12-03 00:00:00

THE STATESMAN.

rapid sale—knows that seas. of the" Republican" had
been prosecuted as libels. Thera are I copies e 6
the" Age of Reason," and " Palmer's Prisciples or
Nature," which bad been declared libels. Did value
" The God of the Jews," and all the rest—did not cal-
Caine what they would be worth as waste paper, or what
they would have cost to re-print. Did not read any
Oldie books—did not read " Physical and Metaphysical
laquiries"—slid not sell it himself—can't say he ever
saw any of it for sale any where but at Carina's—read
Wat Tyler," thinks it a-beautiful poem—believes there
mono copyright of that work, it was published by se
many different booksellers—bad read some number, of
the" Deist," all those which be bad read were harmless.
—had read " Diderot'e Thoughts," but it was so long
since he bed forgotten them. He valued" Volpe?'
Ruins and Philosophical Thoughts,"—is a bookseller
is Middle-row, Holborn, in a g I way.
Be.examined—These articles which had been prose
rated for libels to conviction be emitted in his valuation
u Millar's Philosophical Enquiries," and " Diderot's
Thoughts," are books of general sale. " Wat Tyler"
has never been prosecuted. Witness valued the bust and
slates of Paint., bat not the pedestal. The Bishop of
Imeders " Defence of the Bible" bad never bees prose-
Med ; the greater part of the works is the inventory
were works wholly unexceptionable. Witness never
saw Mr. Carlile but once.
Mr. COOPER submitted to his Lordship whether this
action would Ue. This was an action for the difference
of value between the stock now and two years and a
'half ego. The Sheriff Sot having sold under the writ of
frearsjeeias, be submitted it was doubtful whether the
Sheriff was bound to sell under a ['earl ferias. unless
the plaintiff but applied for a veeditioni expense, and
be sot having done so, no attachment would lie against.
the Sheriff ; and it had been decided, that where as at-
tachment would not go, an action would sot lie; and
therelote be contended that the present action would not
lie, and plaintiff meat be noosnited.
Mr. ARCH/OLD, on the same side, said it was ex-
tremely doubtful whether the Sheriff had any right to
sell under a leverifildelt. until a writ rendition' ce-
pa= was directed to him. It was quite clear that un-
der a writ offl.A. the Sheriff was not booed to sell : it
Immo sufficient for the Sheriff to return the goods io his
peemesion, fir want of purchasers.
Wenn% also submitted, that this being an action
as the case against the Sheriff, it was necessary to
,prove malice, or the action could not be uniataioad.
The Cesar JUITIOS said, the declaratioa is this case
charged the defendant, es Sheriff, shit Fierier; delayed
to sell geode, the property of the plaintiff, which be bad
in hie possession, with a view to injure the plaintiff, be
having retained them in his possession for a length of
time, sad- thereby deteriorated their value. Now. if a
Sheriff did eontain the goods in his possemin, with
`socb a motive as that imputed to the defendant in this
esse, an action would lie. Whether the defendant did
!octal/der the feeling imputed to him was a queaties'of
fact which be would not withdraw from the comildentios
if the Jury by eon-suing" the plaintiff. ,stela
Mr. Coona then proceeded to address therierylll
the pan of the defendant with his usual ability. fibs
like ids Leaned Friend, disclaimed all knowledge of
hie sliest. He protested against the doctrine of the Ad-
vocate being mixed up with the client. As Advocate
was bound to perform his duty to his client, let that
glint be whom be might. He desired that the Advocate
should etaad on hie exertions for his cient,and his client
on the minuet hie ease. Whenever such should cease
to be the case, there would soon be as end to insecurity
for liberty I. this country, and the sooner a man left it
the better. Having said thus mueh,he would proceed to
his defence : and, first, he contended that a knowledge
of the ease should be brought home to the defendant. 11l
this case, he oenteaded, that had not bon done. Mr.
Parkieelied not only, as Sheriff, objected to Mr. Col-
licgridge, the Secondary. acting few him. bet had allow
lately protested against his so dotal' • and Mr. Coiling-
ridge was conscious of this, became be bad requested a
gni/omen to apply to Mr. Parkin', for the purpose
of
Inducing him to consent to his appointment ; but Mr.
Parkins never would acquiesce, and, in consequence of
his refitting to do so, his accounts bad tot yet been
paned, as he could not conscientiously assent to the acts
of Mr. Collingridge, against which he bad always pro-
tested. Now Hopwood acted under the direction of Mr.
Collingridgevand whatever Hopwood did Mr. Conley
ridge was answerable for.
The enter Junin said, he did not see how that cir-
cumstance—if it did nisi—could be made evidence in
this case. Here was a return on the files of the Court,
purportiof to be a return of the Sheriff.. If that return
bad been improperly pat there, the Sheriffs might move
to have it taken off' but, as it remained tbere,be mutt
look at it as the return of the Sheriffs.
Mr. Coons resumed—The next point would be that
which be had pot to his Lordship on the necessity of
malice on the part of the Sheriffs being previa. His
Lordship bad said that that was a questiow for the Jory.
He would go boldly to the Jury on that point. Mr. Car-
life, though in Dorchester Gaol, well knew what was
going on I be knew the Sheriffs were not selling, and be
did sot wish they should, or he would have applied to
the Court to force them to sell ; but the fact was, Mr.
Carlin did not wish to have these works sold in a mass;
he desired to sell them separately. Malice bad been
charged against the Sheriffs as their motive; Mr. Both-
well was dead, but he had never beard it charged tgainst
him that he had any malice against Mr. Carina, and as
to Mr. Parkins, he disdained the charge. The fact was,
that the Sheriffs had only acted with due submission to
the law as it at present stood; here was a bookseller's
stock consisting of convicted libels and suspected publi-
cations, and the Sheriffs were respousible for the sale of
them ; and notwithstanding the opinion of his Learned
Friend, Mr. Scarlet', to the contrary, he would boldly
say, that the Sheriffs would not have been protected bad
they sold these libellous works. His Learned Friend
had said, thud seeing the work, " An Apology for the
Bible" amongst the stock might have removed the
libebts of the Sheriff, Perhaps not. it was saldlhat
his late Majesty, on this work being presented to him,
acclaimed, •• Ati apology for the Bible ! Why the Bible
nests no apology." The Sheriffs might have fallen
bete the same mistake as to the nature of this work.
its contended that there was not the slightest ground
Js* Imputing malice to the defendant. All the Sheriff
had/hose was to act with caution, and a doe respect to
she law. The plaintiff also might at any time have
forced them to a sale—he had not; therefore if he had
swathed a loss, he bad, been himself consenting to it;
and a man consenting to a lost could oot afterwards
recover against another for that loss. The next point
he would go to was=-mitigation of damages.—Macy of
these publications were periodical, and lost the value ac
much to a day or two as they would in a year. Others
of these work. were declared libels, and others carried
libels OB th• face of them; " Wat Tyler" for instance,'
'Olio!' one of the wit had described as a most
beautiful poem, but which in hie opinion, was a most
contemptible production, and which had been declared
a libel by the Lord Cuancellor, and out of the protection i
lel' the law ; so also as regarded the " Age of Beason,"
and others of these publications; sod how could the
Sheriffs come to the Court for instructions on such a
subject as this? As to the selling them immediately,
he was certain Mr. Garble, when he should seU these
works by degrees, would get much more for them under
all the disadvantages maiplained of, than he would
have got; by the immediate sale, forced
.se it would
have been under all the disadvantages of e,lsale by sue-
ltion. As Salience of the little money which the most
;popular works would fetch under su,ch curiatandancre,

was to be found in a sale of pamphlets which belonged
'to Mr. Boat, who being about to change his residence
'lately, had found it convenient to sell a large stock of
popular works by auction, when books, which had hems
selling previously and gradually at seven shillings each,
fetched no more than thirteen pence. Under all these-
eircninstances, he was so fully persuaded of the improo
sibility there was of a Jury finding a verdict for the
plaintiff, that he woLld abstain from his first intentioa,
which was to have called witnesses, and leave the case
with these observations in their bands. •
The Close JUSTICII summed up to the Jury, and
peated, that if a Sheriff did wilfully and wrongfallyele
stain from aellieg goods in Isis p ion, with an ia.l
tention to injure a party, as in this case alleged, then he
;could be liable to an action but if he had reason sad
probable cease for keeping the property, then be would
be justified in doing so. It was a question for the Jory
to decide on which of these wotives the present defead-
ant had acted. They would take the schedule into their
hands, and upon a cool and impartial consideration of
the works eaumerated therein, and the nature of them,
they would sly whether, in their opinion, there was on
the face of it ground to justify the defendant on the
grounds of well founded caution in refraining from sell-
ing; if they should be of that opinion, they would find
for the defendant; if of a cootrary opinion, for the
plaintiff, with aoch damages as they considered equal to
the justice of the case.
Bit° minutes past I?, the Jury retired, and after be-
ing oat an boor, they Caine into Court with au applies-
don to his Lordship, for information as to the lowest
arm in damages which would carry coots.
The Cuter Juertcs observed, that in this case any
'damages, however small, would carry costs; but tab
;Judge had the power of certifying, in which case be
regulated the costs. The safest coarse for the Jury to
pursue, however, in thii and all other cases, was tb give
to Verdict upon the rise itself, and its peculiar circus,-
cstancee, without at all attending to consequeoem
' The Joni again retired, and returned in about &Attar-
Oat of an hour witli4 Verdict for the plaintiff—Dsaluges
leek' *rests 40s.
Cohrsa—l hope your Lordship will certify.
' 'Tbe Cater Just —that can be done at any time,
Jr. toopet t WiTatabitler of it ;at present Ido not
think I Anil: i 7 • • ••
•
SANIMRIIO* AND iftPl r. MAZUR.
This wet an action brought by Mr. and Mrs. Sander.
son, for an assault committed on the tatter by the de.
Pendant, ittd for an usjnst detention of her in Oahe-
went for some hours. The defendant pleaded first that
he was not guilty ; anti secondly a special plea, setting
fbrth that a cap had been stolen from his shop, and that
he had tessonable grounds to suspect the female plain-
tiff of the.felony. The case on behalf of the plaintiffs
was conciiieted hy Mr. SctlLrT'r tad Mr. Currlie iced
the defence by Mr. Utmost and Mr. COUTN.
It appeired in evidence, that Mrs. Sanderson.iinat to
the shop of Mr. Barker, who is a traherdaiber le
Holborn, and asked to look at several articles. .She .10
pfetentlY fixed on a cap, aid then-voqoasted to see other
goods, :hot ultimately refined to take say, alleging that I
she bad no money in her pocket. • Mr. Barker insisting
*lt She *could at least take thr. alp, seat see of his
shop-tension to follow hew home with it; is the mesa"
time hie OW told him that she mimed a esp, aid he seat
to Mrs. !Sanderson to request obi' would moan to -his
home, as the article was gone. She returned with tie
messenger, Anted the chirp, and on some one cooled
into the oho*, was asknl to walk up stairs, to which Me
seceded. Hero Mr. Barker advised her to write to her
friends, furnished her with materials, and sent his ser-
vant with het linter. • Her' tither and brother' eagle
whoa some senversitioe took place, which was variously
stated! those representing the conduct of
Mr. Barker as very offoostre,and two rif his shop-women
describing it as very civil and courteous. Mrs. Simians
son requested to be searched, but this was refosealare
1/0111e thee; glad; she was searched, end old matelpdial
missed without charge, two of her friends having "Ns&
ad for the respectability of her eoonesdoos.
The Loao Cuter JUsTICIL told the Jury that the jun,
dilation could not be supported; because no private io-
dhllaaal eobld justify detaining another as suspicion of
adrime, unless he could show that a crime was cow
attited by semi one ; but hers there was no proof that
sit cap was stolen, or even lost. They would therefore
ied a verdict fir the plaintiffs, with each (Imagism they
should thiak dispassionately the case deuaanded. •
The Jury found a verdict for the plaintiff.— "
Pifty•lNl•sids,

COURT OF COMMON PLEAS, D co. 2.
11T111111 V. MAT AND DUIT/14D.
Mr. Sergeant VAUGHAN stated, that this was an action
for an excessive distress of rent. The plaintiff was a ma-
ker of revolving heels, and the defendant (May) was his
landlord. Duffield was the broker employed by Me;.
and be was charged in the declaration, which eontained
a variety of counts, with having . improperly and vexa-
tiously levied the distress, by seizing the implements of
the plaintiff's trade,and by selling them at a deteriorated
value—The damages were laid at 3001.
----Lloyd, the auctioneer, was the first wit-
nes, called. He stated, that be had sold the goods,
which he described as being inferior in value to the es-
timate put on them by the
Cross-examined.—Tbe first sale prodnerd 331. 3s but
that arose from the conduct of the plaintiff and a friend,
who materially raised the price by bidding for !articles,
which they afterwards declined paying for; the pro-
duce of the second sale was 231. Is. 2d. witness was bro-
ther in law of Donfield, one of the defendants in this
cause ; witness had a partner, whose name was Duffield,
but he was not the defendant, bat his brother. The rent
for which the distress was levied was rather more than
201. The produce of the sale did not clear the expences
of the distress after paying the rent.
Other witnesses were called to prove a testier of the
amount of the goods to the defendant Duffield, and to
state what were the goods then onithe plaintiff's premises,
besides his working utensils, which had been seised, and
which they described as being nearly of the value of
two hundred pounds.
Mr. Sergeant PILL, for the defendant Duffield, con-
tended that nothing improper had been proved against
him. He had seized the implements of the plaintiff's
trade because the otlier goods were not of sufficient
value to cover the distress ; and even when these imple-
ments were included in the sale, the produce was only
231. though some of the witnesses had ventured to say
they were worth nearly 2001.
Mr. Sergeant Huit.urc for the defendant May, insisted
that the distress was legal in itself, and if it had been
conducted improperly by the broker, that would not
affect the lindlord.
Mr. Jnstice PARC charged the Jury, who, after a long
consultioion, returned a verdict for the defendants.

ADMIRALTY SESSIONS.
The sessions commenced yesterday morning at the
Old Bailey, before the Judges, Lord STowst.t., Mr. Jus-
tice HOLROYD, and Mr. Justice BOUM:GIL
Jos.Parker, a private of the sth rest., was indicted
for an assault. with en intent to commit an unnatural
offence with It. Hunter on the high sees.
It appeared from the evidence of Patrick Colloran,
that on the 9tb of Joneorhen within 12 days sail of Bar-
badoes, be awoke one morning and saw the transaction
is question. The prisoner slept near him, close to the
arm rack—on the first night alone, hat the next evening
Ise saw the boy Hunter with him. The witness then de-
scribed the sitnation of the parties.
Prisouct-tCan you look at me with a cleat counte

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mance, and swear you did not say to me—" I will do der
you before you get to the regional."
Wit nesa-1 can look at you. 1 never said an angry
word to you dining rho voyage.
The prisoner exclaims-it " You infamous wretch" ao4
was about to pat some questions respecting tbewitoess's
wife, when lie was stopped by the Court. and duirad to
confine himself to the subject of inqeiry.
John Hall confirmed the last witness in every partici.
hr. On being awoke by Colloran he exclaimed—. I
shall report such rascally work." He did report
the transaction that day, and an inquiry was instituted.
The prisoner in his defence said the charge was false.
The crime was one he detested, and he would mow
stand before their Lordships en an indictment for mar.
der. Revenge hail actuated the witness Collator+, oil
account of his wife baring had somediference with Lim
(the prisoner.)
31r. Justice 1101.110 TD summed op the evidence h the
Jury, who, after a short consultation, returned a ►er.
dict of Guilty.
The IsOV Hunter was then pat to the bar on the star
charge, sod the Jury found a verdict of—Guilty.
The Court Immediately sentenced the prisoners to
12 months' imprisonment, and during that time to tis
privately whipped.

- • .--
SURREY 'SZSSIMS.
Yesterday, the the General QOarter Sessions for Bsng! writ
held at the Session-boo se, Newington, before C. laws,.
son. Esq. the Chairman, and it fall Bench.
Two Toil-collectors Of Yaothall,bridge, named Monks
sad Reeled, end 1 fider-steset pined, eased Tema, err,
clewed wi lb begat e•••14w41 an watrestsons wenn igia
se, *'fillips, a coal-asonstuegt, residing is Searieetra6
tkappeared from the .esidesee of Mr. Phillips. sad dna
otter witnesses, that ea Solidity, this 14th of July last, Its
was going at between tape .114 tee o'clock at eight, ever
letisehall-b-idle, heelrgatlied by his elk, two chid,-,
and his friesffl NT" I. It was proved, that the toll rear
dfor all gtrepeonwtiliet.thh defendant seised Mr. libiNip's
son, who islt ioMihly. and In a violent' miner
threw Ms from the &Ph saying that he had am paid for
tolL -Mr. nails* rekaandisted against the brand condact
of Momciee, god sequined that the child sight beallowee
•to pass, es his toil mos mid. bleasias replied is the most
insolent manners A lie, and be Mail pose" Mr,
f itillips paid lwice„, At required to know Meg:SW.Blmm,
it not being put up ad the outside of the toll•lsoos• as ti-
;Vlthe defeoriant Insist upon having that of Mr.
Ps' before De Vete hi : Mr. Phillips gave hit arc,
111111thentefendonefe Wo Instilling's , threw it into the
WOO: Mr. Plvillipodhon eedeseoered to get late the trit-
lipme to obtain the *aim of the ether collector ; Bantle!
muss out, and both essiseel himeehbois and struck Ideregaiew
**rails. , Whilst they kid Nine they salted est " Cassie-
lz,aonstable, take this follow in cestody," whentisiod,
I Turner made, his appearance is as ins east
Mr. Phillips a dreadful blow upon the held LA
If of bidets, which made Dim bleed profusely. Mr. Lisps
interfered for the protection of his friend, bat met with t'e
Mao treatment. - thetti were hurried to the watetionsr,
di Bum they seers leirged with having assaulted end et•
gierated the toll.mothielom is the enetatios of their defy.
~The Jury found Ilso eisfoodants all guilty of thalami'
opus Mr. Phillips, ;id afterwards coaticted lieniesccri
Omuta of an Wank won Mr. Lyons.
IMMISEM=MmErnm ;
---. o.wtSlONfl, . 7 ~

t ,it:-. MlDLoGneee..... ____
• - '• '
, . • .
s3fewleeday, thergeenieas teethe eemetr et Illiddieles isee
I=r
behavebehaveMe. Cann ilte Cbeirmen. aad a bead. of
ateat ' '
TINA litisos. Illcills.
This wee en indietnient amidst the dere/Meet, disra-t
him with entheszlingtertainlistlsh monies, while Inliscthe
pribllc office of overseer of the parish of Poplar from debt,
1001, to March, 19011. The Indfctritent was of greet leach.
add ecrateiged a greet variety °regent,.
lite:bearlog of this ease occupied the Court fay the wli.*
day.** Moises maybe reduced to a few HOU- The IR'
beeddathatallad the des .of coarsest fee wjrwab
'new Os it PIT Pleglaellt OR HMI. sad bad; t v
ke of the vestry for kis waved. lie loins sesinque •
iali
a second time chemist for the Mike. aid 11 wee wt's 3.
e second election that any suspicions attached le hi P.
d principal ssitneri; and the first eternised on the Farr at
iSrosectoloti, *as Mit. !foam, the vestry clerk a{»
It of Poplar. Ite proved ittat he had exambed tie
s of the defesdatatt led the deeouttt delivered ta I .y
hillie Wed bed bead Mit to the grin quarter the suns of fill.
legiablitellaabanallmitast escreedieg gad. leoairies us re
lillabieled Mean innidaos fell epee the deleted's% in CI 3-
qesppace, that he had eetsessled lb* public mosey. Is th.•
gicioofoxamioation the Winless admitted that he had of re
borrowed of the defendant sof. while Mr. Richie was out r-
,lseer, lad *as three or four times applied to for the mod :y
befove be returned It.
The other witnesses celled for the prosecution (with the
ateepeicia of William SWIM. the perish beadle) were pi o-
pen, whom the defendant In his accounts had said he lid
rilthead. The iedietmeet ooniathed g list of ta tetapds
about tho defendant had stated be bad relieved, bet Gail 0
ea,lbeee were celled. Some of them proved thee they a
owl
melted no parish relief from the deleadaet, eadethera et
the money they had received was much below abut* le-
jeladant had stated he had given. It appeared. h el
that some had received relief from the parish ball, 'Rho :II
rot personally from the defendant. Two of the wituflovff
were very vehement in their mincer of giving trifled/o.4st
another (John Driseal) being asked how many ebiltires be
bad t said he really could ant tell. lie had only one* asp-
port himself.
Mr. Aootraus spoke at great length for the defeats tt.
end commented epos the very weak evidence which hal here
produced on, the part of the prosecution. In the parish fot
Poplar there were between 3,000 and 4,000 paupers aaaailly
to be relieved, and it was impossible for the defendant woe
to be prepared with an answer to the eight eases oat of 214
I which bad been proved by the prosecrobws. Frequently >n
eatant.24odopaser peatre.omosen,dasiodinetihees:seslooco,mspearirlOedati,dinedthetheindstaelnert;
matey the denthods of ell. The defendant besides Otto
disadvantages, had been deprived of bis books, and thus el
power of replying to the foul charges brought against Os
was taken away.
Many respectable witnesses gave the defendant a good
character.
The Jury, after a short consultation, found a verdict—Met

FATAL OCCUSSINCIL—At Darlington, on Teridar
evening last, a young woman of the name et Nary
Robson swallowed a large quantity of laudanum, obiel
caused her death the following morning. It sprits
she had been on the point of being married for eetre
time past, but the strictures of the new marriage set
e had
prevented Ler, and made a serious impression OS 1r
mind, which led, it is supposed, to her untimely est--
Coroner's verdict, Insanity.

MARRIED.
On Saturday last, at St. James's. Richt r,l qtonier Ors's.
Assistant Commissary-general, to Mariann...4SW
daughter of the late John Lox, Esq. of Parliament street.
Westminster.

.I.

4'

DIED.
Os Monday. the 25th inst. at Trewants Hall, near 1.143.
ceston, W. Hockeo, Esq. aged 82.
Oa the Ist inst. hi eonseqiienee of her clothes caniiint
ire the 261 h ult. Mrs. Milford. of Bread-street buila.sys.
aged 78, relict of the late John Milford. Esq. of that pisre.
On the 30th alt. at Croydon, Snug. Mr. J. Marib).alte
a lingering illness,
Os Sunday, the Ist inst. at Hamondsoorth, midst* s.
F. Thurbin. Esq. in the 33:1 year of his age.
On Friday. the Oh ult, at Hampstead. Mary, the lamest.
ed wire of C. Helloed. Seq.

I

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Leaden: &hied, !timid. ded Pebb•hed, et ibe
'• The SorxTESII tit" and Ti, CeerrYeettee" (eaLIM
Paper )N0.1197, Srrond, by R. WATIONILL
whet* all eotnrsiefeatioes, Orders. M. riglagow•l.

be addressed.

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