The Statesman.
London, England, 1821-07-25 00:00:00

Mr. OURRRY submitted thattlais was not a
mode of cross-examination.
Mr. COOPLR.—I think it is, and I shall persist in
it until I am told by my Lord that it is irregular.
Mr. Justice Brirr.-1 don't think any part of the
cross-examination is approaching to any thing like
regularity.
Mr. Cooren.—lf your Lordship says I am not to
be allowed the same latitude which is allowed to coun-
sel on other occasions, I shall not persevere.
Mr. Justice HEST.—I have no objection to your
taking your own course, but I think this course of ex-
amination ought to have been stopped long ago. I
think every fair and reasonable indulgence ought to
be allowed to counsel in such a case, but if this was
a mere civil case, i should have stopped you long age.
Mr. COOPEIL—Then I shall proceed in my *wet
way, with your Loralthip's permission.
Is this the first job you have been employed in ?
I don't recollect any other of this kind.
Are you sure you have been employed upon no other
job of this kind ?-1 cannot bring to my recollection
whether I have been employed on any other. I may
have been, but I am not aware of any.
Do you know a man named King?--Yes, perfectly.
Do you recollect doing a job in which he was con-
cerned ?—I don't recollect doing a job of this kind
against King. I might, if I saw the paper before me
with my mark upon it. There are so many of them,
that I cannot recollect any in particular.
Have you not made au affidavit in the job against
King ?—Yes ; but that is since this. I cannot recol-
lice whether I have done any other jobs. I have been
the employment of the Association about six months.
r commenced on the Bth of January. Since the 10th
of March, I don't recollect how many jobs j r have
been engaged in; they are so numerous I can't recol-
lect. The orders NI hich Mr. Murray gave me were,
to g' and purchase the Reformer's Address at the de-
fendant's shop. I bad not any general directions to
buy at this or that shop—not from Mr. Murray. I
had from other persons, general directions to make
purchases of works ; one of those persons was Mr.
Shari.e.
lie is the Honorary Assistant Secretary ?—Yes.
[All the preceding questions excited considerable
sensation amongst the audience, and produced a chorus
of humorous tittering.]
Mr. Justice Has I—The effect of these questions,
Mr. Cooper, you must feel. You cannot wish, lam
sure, to excite the sort of responses which come from
below the bar. You must see that it is done on pur-
pose. You cannot nish, lam sure, to produce that
effect.
Mr. COOPER—My Lord, 1 am the last man in the
world to do any thing inconsistent with the gravity and
decorum of a Court of Justice. I disclaim any such
intention; and I must disdain the insinuation of Mr.
Gurney, that I have taken up this case for the purpose
of adding to the public odium in which this Honour-
able Association is held.
Mr. (scanty said, his Learned Friend Mr. Cooper
was mistaken ; he had never insinuated any thing of
the hind.
Mr. Justice Best—l am sure no Gentleman at the
Dar would wish to produce the effect which all the
questions put by you have had below the Bar.
31r. COOPER said he could nut controul the feelings
of the auditory. lie was only anxious to do lais duty
to the best of his humble ability, and nothing should
deter him from discharging that duty freely and
andauuteally.
Re-examination resumed—What is the office of the
Honorary Assistant Secretary ?—lt is to do every thing
at the office.
To superintend the business of the office ?—I con-
sider him as the acting manager.
Then the Honorary Secretary has a sinecnre ?
What does the word honorary mean but a sinecure?
The alleged libel was then put in and read, and the
case for the prosecution closed.
Mr. HENRY COOPRR then proceeded to address the
Jury on behalf of the defendant, in an able, eloquent
and powerful speech, in which he evinced great
acuteness, much force of argument, and a com-
manding strain of oratory which produced a visible
effect on Ills Jury. We lament, however, that our
limits will not allow us to enter into any thing like
detail. Ile was upwards of two hours speaking. The
Learned Counsel expressed his regret that the
conduct of the defence had not devolved upon some
more able advocate, considering the momentous ques-
tion which the Jury were called upon to decide. For
his own part be had the more reason to pray their
indulgence, in consequence of the very limited time al-
lowed him to address his mind to the subject. It was
true he was told three weeks since he should probably
have the conduct of this defence, but it was not until
late last night that his brief was delivered; and there-
fore he had been obliged to rob nature of her due, in
order to prepare himself in some degree fur the arduous
ta.-ic he had undertaken. Imperfectly prepared, there-
fore, as he must necessarily be, and in no inconsi-
derable degree depressed in animal spirits from want
of rest, he felt himself unable to do that justice to the
case which its vast importance required. He called
upon the Jury to endeavour to divest their minds of
that prejudice which the very name of Carlile was but
too apt to excite, from causes to which it was not ne-
cessary f,r him to allude. Even in his own behalf he
feit it necessary to bespeak a candid consideration of
the topics be proposed to urge,considet ing thateven the
Advocate in such a case had to combat prejudices of
no
pleasant description. For himself, personally,
huwever, he was perfectly indifferent as to the con-
sequences; and though so insignificant an individual
might be thought worthy the animadversions, and
even the scorn of certain persons, be should derive
the greatest satisfaction if his efforts were successful
in rescuing the unhappy defendant from the peril with
which she was threatened, and look upon the malice
of his enemies as the most honourable testimonial of
his exertions. The Jury were the Judges of the law
as well as the fact in cases of this description. They
were not to suffer their judgments to be warped by
say by-gone precedents, or the decision of former
Juries on similar occasions, for if there bad been
ten thousand convictions for political libels of
this tendency, they ought to have no effect upon
their decision in this instance. Good sense pro-
gressively made its way in surmounting the pre-
judices of mankind. There was a time whoa the
venders of hop were liable to, and had been subjected
to-criminal punishment, for selling that wholesome
herb as s poison ; but would any man in these time.

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commend flieaprejfidibes of our
could so far work injustice, so
own interests ? The same observation
principle were applicable to the sul,
verting then more immediately to ,
the Jury, he contended that the defendant
to a verdict of acquittal, consideri;
authors of the prosecution—an at
sponeible combination of individi
was a reproach to the laws, to the
Government of the country ; fur'
were a fit subject for prosecution,
the vigilance of the Officers of the
paid for guarding the sanctity
Was not the abstinence of the A,
General decisive proof that they
lication as beneath their notice,
the Jury say in a case, where the
was absolutely seduced to commit
by this Association itself, and by'
Was there a tittle of evidence that
have ever met the light, but
these jackalls, who had e nticed
victims to the insatiate jaws of
against the liberties of the country
find a verdict of guilty against a
so tempted, so seduced? Devils,
come the tempters, and then the accusers.
his own feelings,he should not have
tins character and conduct of this
thus much had his indignation
tempt. T arned Counsel then
terms of posed Libel, and
capable ent interpretation,
when the wholturper was taken '
and substance were perfectly vent
Jnrr then convict the defendant
of verbal criticism? The free at
were not to be doomed to rot i
metaphorical language and flan_
was there not the highest authorii
the substance of both the ohnoxi
was perfectly true?? Was it not
delivered by the mouth of the
House of Commons, then the
land, and now a Nobleman of
were corrupt practices in the Coitali
as the sun at noon day, and at
would have started with horror
Mr. Justice BEST—Where do
Mr. COOPER-4 get it from
the day, and from the Annual
of the history of the country,
down to posterity.
Mr. Justice Bes T—l beg to
passe! in Parliament cannot
where else. I have no means
the Jury any means of knowing
cheater did say that or not.
Mr. COOPIR.--liat. my Lord,
knows it, and I am quoting it
of the country.

Mr. Justice BEST-If he had .
he was a libeller on the Constitution
If he said it in Parliament there
and we cannot hear it without being
of privilege.
Mr. Cooran—lt k found in the
speeches in Parliament.
Mr. Justice liaAr—There is no
vered in the House of Commons
in this Court.
Mr. Coorea—The speeches
are not recorded like the Ju
Court of Justice, so that we can
but the Journal; of the House of
of record. If lam at liberty to
two or three hundred years ago in
of history, 1 apprehend 1 may
refer to what happened ten years
Mr. Justice HcaY—Why, you
that a speech delivered in Parliament,
of Parliament, may be libellous, •
prosecution, as was held in Lord
in the King v. Creevey.
Mr. Comma—Those were the
private individual. lam advertii
of history.
Mr. Justice Beim—Perhaps
you go on your own way if you
Mr. Coorni—My Lord, I am
respect to the decision of the '
not irregular in alluding to the
Mr. Justice lest—Why you
Bench decided this a few Terms
Mr. Coosa-1 feel every dit
respect to your Lordship's declaim
Mr. Justice Bitsr—l desire you

thing you please.
Mr. Cvoran, then proceeded and repeated
rable words of the late Speaker, contending that the in -
puted libel was only the echo of the sentiment therein
contained. He also adverted to the speeches of Lord
Chatham, of Lord Chesterfield, and to the sentiments of
the immortal Locke, upon the subject of civil goverr
ment, and the freedom of the Press. Ile argued thst
prosecutions of this kind were highly impolitic ail
dangerous to society, inasmuch as they gave birth to a
spirit of persecution tending to aggravate the evil they
were meant to remedy. They made men stubborn miu•
tyrs to the cause of freedom, whose noble entbusiasw,
goaded to desperation, excited the sympathy of their
dfel-
low-creatures. This was true of religion, 'for tit
blood of the martyrs was the of the Church ;" ass
it was equall3r true of puli Neither Athens Dor
Some had fallen by a free p hut for the want of est
Destroy the free press of this country, and curb eres its
licentiousness, and that moment would its liberties br
consigned to the' tomb. Where was the line to bedroll?
The advantage and the evil were so shatten, that in 04a
attempt to separate them the whole fabric became co.
dangered, as in removing a speck Irom the eye, the
vision itself was often destroyed. After a most powerid
address, to which we cannot do justice, he concluded by
expressing the most confident expectation of a tritur
pliant acquittal.
bliss Carina fainted from the heat of the Court, arid
was carried out during the trial.
Mr. Justice BUT, to an animated appeal to the Jury,
told them that the Court bad nothing to do with the
question who were or who were MA the prosecutors.
The question for them to consider was this—was this a
libel, and was the defendant the publisher of it? Ho
had no hesitation in declaring it to be a foul libel ; bes
the Jury were also to form their judgment upon dot
point, and if they had no conscientious scruples vr°
the subject, they were bound to administer justice se
cording to their oaths.
The Jury retired a little before four o'clock. At
eight o'eloelc in the evening they came into Court, ww
said they could not agree. Four of them appeared w
be for acquitting. They were then ordered to
again, upon which the Jury sent WM./PS hogil
their respective families, that the) would not be be
probably before morning.

Ala
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our forefathers, which PROONC/A
o detrimental to their
ervation and the sauss
e subject of libel. Ad- ExIITIIIA
to the question before - celebrated is
e defendant was entitled appearlon 01
sidering who were the ferent partshe
n unauthorised, an ins. beer, cider, I
riduals, whose condors may be the n
the justice, and to the many if wi
'or if this supposed libel circumstame
on, what bad become of an argument
r the Crown, who wets to be with,
y of the Constitution? were bat few
Attorney and Solicitor tivitim of tht
ey considered this pal). The loons sr
ice? But what would at half• Put 4
the unhappy defendast occompaaied
omit the alleged scene Iraigildlts, ,
'el
by its hired myrmidons?rio•Pco", In
e that this paper would • deal, preced,
it for the industry 4 poratiom, w
nticed their unhappy A dinner
of these conspirators and a ball fo
ntry ? Would the Jury display of it
;t a person so'betrayed, eons attends
ls, not men, could be• ducted with
se accusers. Consulting The Mamie,
save said any thing upos cannot aver
f this Association, bet was lighted
,n wrung from his co.. , '
and appropr
l then adverted to eke well's, whit
and argued that it me • .
.4demenstrati
relation, more especially presented, o
;en together. Thee . , 11•111,11 only
venial, and woul, • not
e fail,
i
ant merely by the ^ rs apes
r subjects of this country ' and created
a in dungeons for user*
and friends
rurative expressions. But Whence an
thority for saying, that been 'Midi
loxions passages indicted t selves the ti
not a matter of history, porters of tl
he late Speaker of the public rejol
e first commoner in tie of the Quo
• sf the resins, that there friends, bat
Moir, and
Constitutbn as notorious ... At Tear
at which our ancestors
and bred s
or and indignation ? • •.i
times of t
do yon get that from ?
beef to be i
sin all tine newspapers of her: and i
al Register. It is a part i
titsa was rt
', which will be hauled • for several
''''f spread in o
to state, that whttever isltondantll
rt be acknowledged ley four o'cloc
ins of knowing, nor have principal r
ring whether Lord Col. the Red I,
..e shops Ibro,
Lord, the whole country
paraded th
it as a part of the hillier ' festival. '
casion aro'
ad said it any when elst (
,• , experience,
titution of the country.— , , generally 1
there he was privileged. prevented
it being guilty of a breads ' ,
the corona
We leer
the recorded sod authentic
hanipton,
a no recorded speech 14 what is
ens to which we can WIN Thursday.
The Drags'
a in Parliament coda* and madly
ludicial proceediugs of a committed
an give them in evidence, At Litc
rs
of Commons are matte
extending
to refer to what happened
a in Parliament as a matter tiniblhall
say for the same reason with many
ears ago. ii. for the Q,
von know perfectly well r The To
derininCet
Bromism
mrisiistannedtits,uhifiepcut btolischredimionsati I
' 1
cord Abingdon's cons and ' a it. with t
the cases of libels on a ... hospitality
erting to this as a matter In cote!
• Corowatiot
s the best thing is to In walled in
ou don't choose to submit. Charlotte,
am disposed to pay every 1
motto, " I
se Court, but I trust lam '
At Lew
he history of the country.
.
ou know that the _bing's Angular n
rms since. shut, and
• disposition to bow with Brighton.
cision. „ the poor r
you will go on. State any in the too
cipil inha
ui and repeated the mem- afterwards

'plc% be propose(' to urge,cuIIDULIVI mix •••••.•..•• •••..
oonsigneu
cate in such a case had to combat prejudices of w tratISCCIIIII
Insult description. For himself, The advantage and the evil were so shatter, that to 04a
personally, attempt to separate them the whole fabric became co. bird finis
e'er, he was perfectly indifferent as to the con- dangered, as in removirg a speck Irmo the eye, lb' is that wli
Imes; and though so insignificant an individual vision itself was often destroyed. After a most powerfsl what ougl
t be thought worthy the animadversions, and ed bY
expressing.
address, to which we cannot do justice, he conclud . rue, evapc
the scorn of certain persons, he should derive the most confident expectation of a tritur
perhaps is
phant acquittal.
reatest satisfaction if his efforts were successful only, but
cuing the unhappy defendant from the peril with bliss Castile fainted from the heat of the Court, sal
restless ai
was carried out during the trial.
a she was threatened, and look upon the malice Mr. Justice BUT, in an animated appeal to the Juryi children
i enemies as the most honourable testimonial of told them that the Court had nothing to do with this lication ;
unions. The Jury were the Judges of the law ratio's who were or who were not ate prosecaiturs• denizen(
11 as the fact in cases of this description. They s s to Condor
Tbe question for them to consider was this —leas
,t ii.,
1 and was the defendant the pohliblier of it. Hs
not to suffer their judgments to be warped by late - • • itNotwif
by-gone precedents or the decision of former genuis in
' the Jur were also to form their judgment upon dos
lon similar occasions, for if there had been no hesitation in declaring to be afoul libel ; bet
point, and if they had no conscientious scruples PP" there is t
thousand convictions for political libels of the subject, they were bound to administer justice se than the,
tendency, they ought to have no effect upon cording to their oaths. dnguistos
decision in this instance. Good sense W. as is t
Pr.-
into cow ad
ively made its way in surmountiug the pre- eight o'eloe in the evening they came • ,
The Jul retired a little before four o'clock. At
• from the
es of mankind. There was a time whoa the said they could not agree. Four of them uppeareus •
' muddy bo
en of bop' were liable to, and had been subjected be for acquitting. The
again, upon which the " y were then ordered to
Jury Bela MOSIISCPS 110
4,7 The g
iminal punishment, for selling that wholesome their respective families, that they would not be W.
IW. %gland ]
as a poison ; but would any man in these time• probably before morning. . ‘
1 . t
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