The Statesman.
London, England, 1819-01-18 00:00:00

tiff had made any communication on that effoct to him,
the wits objected to by Mr. Soarlett, se the
Kr.,ood that the ss iisiess acted in confidence as his so-
!triter ; the Lerrrosed Counsel, botiever, was willbg
to wave the. objection.
The witness proceeded.—There was • ease Awned
for the rpi • of the twelve Jodges, as to tbe gent
insocessre of certain individuals, soil epos that
occasion the requested the Solicitor for these
psionsers tes.employ Cosa**, to defend them. There
was no impaction upon him. It Well lie* he had
Item treethrer for • abseriptien which hod been en.
toted in.'s for the purpose of reneging the prisoners
-during their confinement ; but olustear sotpicion
might 1* enterlathed against him sat that accosts',
oitsiea hail no Hopkins of his beteg either engaged
himself or connected with any treasonable practices.
Wane.; was himself a member of the Pitt Clots as
Nottifighaus, and of ministerial principles; cont..
fluently, the Plaintiff would not have employed him,
should ronceite, if tainted with treasonable prat.
ticee. It was by Antitheses advice he went to de.
wind of the Magistrates the theses hisessose had
been forcibly entered.
John Holmes (ezemined by Mr. Dasowatt).—Wit.
OM is s lace-maker at N.otiogharn; he knew Oliver
there in June, 1817; witness was apprehended and
lent to Cold.bath• fields prison ; Ward, the Plaintiff.
We. ill prison at Nottingham at the same time as wit.
end be ova him ironed to a with of the 'him,
of Haynes, when they were all brought to Colt.
bah-fields prison together.
Willis n Cline gate evidence to the Well effect,
and added, that lie last the Plaintiff, after remain.
ing in Cold.bath.fields prison 'boot a week, were
taken together to Oxford Castle. sod thole kept in
close confinement till the 13th of November, 1817.
(Mt. bensnin was proceeding with the esausintrion
of this witness, as to the manner of their confine-
ment, on which Mr. Carney ruse and objected to the
qoestions as irrelevant to the case before the Court ;
anti the Cocci being of the WIMP opinion, antrum,
aaaa tion, the witness was ordered to stand down.)
George Goodger is depoty publisher of the Ob-
server. The isle of this paper is very great. it.
solo un Sands', the oth of November, 1817, was
10,850, and the Monday edition lOW, esclesste of
the owstamprd ones, of which he knew nothing. Ile
could not from any idea how many were sent not on.
stamped, they not hating passed Arose his hands.
The Mood., ('bserrer had twice, when public in-
urest was rallied, after the regular publication, poh-
lished an additional impression upon onstemperl
sheets, with a blank leaf, in the way of the one
rendered.
Itotiost Webster (essmined by by Mr. Dessistr.)
.—Witness it a l.lter.cartier at Derby. On Maley.
the 10th of November, 1817, he received a great
geasstity of the Observer Newspapers. They were
delivered to him by Mrs. Eaton, the wife of the
jailer at Derby, who desired him to distribute them
gratuitously; and she gave him a shilling for in dolt*.
He delivered them to the Lawyers, the Dodoes, and
the Gentlemen of the sows.
Thomas Conk is a letter.earrier at Leicester. lie
received a quantity of Moods, Observes in No-
vember, 1817; he thought as many a. ton /P.
P •ih I,ii lerrts •

STAI 1,1414 V 4

. .
attired them it the ,st.olTice ii i, iis
thought it was not usual to receive them that way. i not to :assume that merely upon the statement of bit
He was sluiced to distribute limn gratuitously, and Learned Friend. who had also said that the Plaintiff
accordingly he did so—souse of them in the town, and was deprived of the means of seeking redress, is
others he gave to the pommy carriers, to take into consequence of the passing of an Act of Indemnity.
the country. There was somber letter-carrier at It was tree that the Legislature had passed an Act
Leicester, and he also receised the like quantity of of Indemnity : and amongst other reasons assigned
Monday Obserrers to distribute in the same say. I for that uneasere, were, first, because it was nolo-
Witness received two or three shillings at the Post- 'Joao that a I ble conspiracy bad existed in the
o'lce for his trouble. country ; and nest, that it would not be lit or proper
This closed the evidence for the Plaintiff. The that the lives of these whn had Oen informs
alleged printed libel 1141 then road by the Clerk, and of such conspiracy, should be pet in hazard from
compared with it (ss set forth in the record). the malice of their enemies, should their names
Mr. ADULPUUI took several objections on account be given ep. But these considetations bad nothing
of inaccuracy, bet they were over-ruled by the Court. whatever to do with the question now before
Mr. Guaxge then rose to address the Jury in dy. the Court, which simply and solely was—What
fence, appasently !shouting under severe indisposi• injury the Plaintiff had sestained from the Defendant ?
sion. Ile requested their indulgent attention to ili. i This was the single question for the consideration of
few observations be had to oiler or, behalf of the De. t the Jury, and that was to be ascertained by discover.
fondant, whirls, however, must be mule under the elk- ing, as well as tl:ey could, in what the injury con-
ed,. ,lace of severe indisposition and fatigue, which skied. Did they believe that the Plaintiff had sea.
had completely overpowered him, sod really rms• twined any injury from this publication 1 Dal they
demi him very unlit for the task he had undertaken. belies' that those who thought ill of him Ingots.,
De heartily concurred in the oh lion of his I would think the worse of him for the seticle which
toasts d Friend, that political feeling ought not to appeared in the Obserrer ? lb I they believe that
ester into discussions at the bar ; et the same time! those who thought well of him before, would think
be could not help observing that his learned Friend's I the womb* of Mal by reading the supposed libel 1
pra::tice, in the winner of conducting this cause, little —lf they slid not, why then w hat injury could
arca:dell with his professions. His Learned Friend i this Plaintiff have sustained, which would entitle
could not truly say that politics hail not been oiled I him to call upon the Jory for any amount of &s-
-up in the statement of his Client's case, If any per- I mars agsint the Defendant ? Bet there was one gin-
gen had only heard three-foorths or foisr.tifths of his gle feature in this case which would at once decide
Learned Friend's very eloquent speech, he must have! the point for their consideratints. The Plaintiff stated
imagined that this was not an action against Mr.! in his declaration that be bad deservedly acquired the
Clement, the Proprietor of the °tonere,. Newspaper,' good opinion of all his fellow-subjects, and that for
bet an action against the Secretary of Slate, for ills- 1 the purpose of bringing bias into public stands!, in-
gr,ily imprisoning and cruelly oppressing the Plain- I famy. . and disgrace, the libel its question was pub-
tiff. In truth, be (Mr. Gamey) believed that the i fished; and it concluded by alleging that slivers
statement which his Learned Friend was instruct- !of his neighbours had thou/Ist the worst of him
ed in make, was much more the object of this on that *cermet. If this were the ease, why did
astion, than any domages which the Plaintiff he not bring his action amongst his neighbours ?
cowl', affect to have sesteinad, or could bops, in i Why did he, who lived in Nottingham, and who told
get at the hands of the Defendant. It wield. to the Jury that be had lost the good opinion and high
be sure. he extremely bard if the Plaintiff could not ! estimation of all his neighbours, in consequence of
give himself the most 'atelier)t of all characters ; and t this publication, try this case, where his character
it was to he recollected, that the character which his . and conduct were bolt known, amongst those neigh-
Learned Friend had given the Plaintiff was the chit.; bears shore estimation he bad lost by mein, of this
ratter which the latter had chosen to give of himself,' libel? Ile (Mr. Gentry) must say that the con-
for his Learned Friend, he believed, knew as little! duct of the Plaintiff, in bringing his action 12.0 miles
of Freuk Ward as he did of any ether man whom he ! from Nottingham, in a place where he was utterly
had neter seen before. Therefore. what his Learned onknnwn, was the clearest and most decisive proof
Friend had kiescr,bed as Ilse Plaintiff's original coarse that los bad suffered no damage whatever. Nothing
1
of life and con,!:tet, was only onsformable to his ass more clear than that a man who complained of
Client's instructions ; and he (Mr. Gurney) would 1 being injured in the estimation of his neighbours,
repeat, that it was extremely hard if such a pervein end bad, in fact, suffered that injury, would bring
cool., unt give himself the best of characters. His i his action among those neighbours, instead of waiting
Learnr,l Friend, however, in she course of his ad- fur a considerable length Of time, and then bring it
dress, had let out some things that were rather ex. 1 before a Jury by whom he was unknown ; when in
tranrilinary—toma things a little inconsistent with' fact be might have tried his cogent Nottingham, either
what every man knew as matter of history.—VOMP lin March or July last. Soch conduct on the pad of
IbiliAll which would excite in One's mind ft suspicion I the Plaintiff was decisive judgment against himself.
that the Plaintiff really could not have sustained any Admitting, however, that the Plaintiff was entitled
Huy from this publication. His Learned Friend ,to a verdict, the only remaining question was, the
would rapresent in the Jury, that the shocking not. 1 amount of damages he was entitled to receive. The
tetra which wore committed in the neighbourhood of . Defendant was undoubtedly liable tog verdict egainst
Notti ,them, which called for the loterferenee of the i himself. His Learned Friend admitted that the Ob.
Legislature, and which produced in that &stoic: a I strrcr was one of the most respecteble Public Jour_
alga of tam, sot ualike that 'kick pregailed dur- : flak, and reelected credit generally upon its coo.

in appeal is made tre their decision from ilia
log the French Revolution, arose from the 0/spree- doctors. It should he reeollected that the Defendantarbeuey'r
sion and cruelty of lbe masters towards their Our* , mos the ProPrielor of tie Paper, and not the ..char attacks of ealumny4ha *sok. In darkness, or the
neyvato ; and that Mr. Ward. gecolletting that he of the article, which was given to' him by a person .easel/' of sr ',rosy poser 103 bold to ha
had oar. himself Mimi poor journeyman, woeful Not who assured him that it was well founded. 1 lus-
di,,0,;,,,t. th, ,;.i. trial the II sintiff challenged ail
treat thou. persons in the isppeenive and eatortionate peered. however, that he bad been minis!• rmed lit
enquiry into his obstacles soil conduct ; and though
m its which they bad beets treated by other that respect ; and certainly he (Nlr. Gurney) dot not
masters Re (Mr. Gurney) believed he
might take stand there to assert its trails. The Drfonillest hail his case had been selected hy Lord CAsTLEReACU,
it es matter of history that this representation of his' pat we jaelifiestion on the record. and therefsoi he on the motion of Lord F(11.14E-goat for en enquiry
!warned Friend was not quite true; bat whatever was l had not aggravated the 'opposed cease of offessce.— into the Peti.ions of the sufferers under the Suspension
the cause of those disturbances, it was as foreign In . The Jury should recollect that the amount of /tamales Act, as the stronceat his Lordship could find oat for
the matter before the Jory as to any other cease tried' which they should give most be soes.ured by the
reiusiog enquiry, though the guilt of FRANCIS WAttu
daring the Sittings, or which remained to be amoont of the injury ; and be who dill not bring his
Iwas represented by the Secretary in detail as so
tried. Bit Leveed Friend. however. who dig- action, and try his case, where he affected in have
claimed all ides of introducing any political dis- received the injury, and where the injury coold to. at rocioos and so glaring as to be sufficient to prevent
cessions, thought ptoper to pursue this subject ; heat estimated, gave the strongest judgment against the Boos. from Wring is...voted by the reenonstrahem
bat he (Mr. Carney) was not disposed to follow his himself that the injury had been little or nom t that might he wade by Fan, or by any of the iadivi.
Learned Friend in these discussions. Ile was not' The CHIEF Josricc, in charging the J•ry, .1.41,
set al- -sid to have confederated with him in crimes that
here to consider the wisdom of the law passed on that no man could doubt that the matter coistained in the
threcroest the Starr,—though the Libel spinet hie
occasion; be was merely to asei-t in the admioistres. I surged libel was calculated to injure the clier.cter of
lion of the law ; bound, as he was. to take for panted : the Plviroitr, and as no attempt had born waste to cis liar., r sr it Fn connected with circumstances as
that the Legislate', acted under lb. wisest considers- I justify ii, the necessary fliii‘Nitenre ‘,41, II." it mt.', it probsbie that it woes-soled hom lessees of no
ti".: and that if they were compelled, at any lime. n50.11.4. taken to he mot or. Severaltook; hail Brunmean real:or if finemre, and an constricted as to
to alter the laws of the land, so all for a Aar! lime; ad.lrearesl isi the Jun. on the one srir told on the
coistsin as sir. Sr 5140 Tr remarked, a " viodication
I
to abridge the 'liberty of the subject, they did et) other. which, in his Lord-I Vs humble
.H 141,1010. , '
I Li, i at Goveromrist, and might root for a Gesternment
upon sufficient grounds to justify such • proceeding. could in no way be insolied iii It i. c•-o.
ll° (%I f• Garnet) would yield to no emir, not even ' Gouge hail loathing to do with the policy or impolicy i massifesto ;"—in a word. 'Novel this man had been
to his Learned Friend, in his attachment to the Con- i of the Legislature iii suspending the habeas C°l;." : described as advancing iss sedirieb till he became
Militias' of his country—has would not yield to his Act ; ohoseer the long detail of matter raulait'eti 1 vested in commend, and was neutrally about to
pew-
Learned Friend in his reverence for the Habeas . in the libel was true or swum had 'whist/ to do
reed .
to i,,
tesson' by storming the barracks of his
Collies Act, which bad bees celled the palladiom of with the question which the Jury had to tin)
English liberty. Ile reputed every other part of the only consideration being the damage which Niajost's troops: let. slier all this enormity of
the Gonstitotion of his country to.. highly to be dig- • the Plaintiff Wed sestainerl by having his ore, guilt was charged upon him, and all the hors*,
posrd to go with his Learned Friend the length of ' coupled with the disgra-rful and highly criminal effect designed bad been produced by this charge.
saying, that if the Habeas Corpus Act should eels detailed in the libel. It appeased that this slate- I o h n he appeared, on Saterstay, in open Court, aid
ever be suspended, every British subject would • men. was published at a time when the l'lsintilf was
a fair opportunity of proof was afforded and dr-
at once be placed in the condition of a Rossini' in confinement upon charges for which he was like-
mended, not the least shadow ..f evidence was offend
pe.•sot. God forbid that that should be the con-. ly to he brought to trial ; end certainly such a /midi-
chianti of the People of this country, if such 'MO the ration was calculated to prejudice the minds of those in support of any of these heinous allegations on the
case; for then the country would be in the most ,by whom he would probably have been tried, lied the part of his Majesty's Ministers, by whom the Plaint*
dreadful state. But if the Legislature should think' proceedings goose further. Nothing was more ins- had been charged and persecuted as • State crimied
proper to suspend that Act, so far as regordoll Ire.. , proper than publicotions tending to prejudice the of the most dreadful and desperate character, *id
sonable practices. he (Mr. Gurney) begged leave to I oases of pietism' merely committed on ausoicion of
not the least attempt was made by the Defied=
stele, that the condition of the subjects of this coon- I offences, because nothing was more likely to affect
try eras infinitely removed from that which his Learned I the interests of public justice. It had been very pro. the
Friend had described. The greatest part of his; petty observed upon, thst the Plaintiff had declined of the Plaintiff's statement. or throw the Riatehetoth.
Learned Friend's speech was addressed to this Points Ito bring his action at Nottingham, where his chew- picinn en Lis inoorence. The Public will, lievelomi,
timely, that Mr. Ward, who, when he ceased to be ter might be supposed tube best known; and the Jury consider this trial not metely se between the iimi
I
sure of theapprobation, and ceased to become throb- would take that ciicems.assce into consideration in
vid• il whore name appears at the head of theism,.
ject of confidence a ith one set of persons (who those I estimating the destines, and in doing so they would
het as between the co
the 'Habeas Corpus Act hag
untry and the Ministers as le
were it was easy to judge), had become an object of , micas, that temper sad diserellosi which the doe ad-
(tiniest and suspicion with all ...that Mr. Ward was I minissration of justice required. the grounds en shirts
arreeted.—that he was arrested under a charge of 1
I 'rb. Jury retired for about half an hoar, and re- been suspended. In ti is point of view, at
treasonable practices, and confined from the 10th of turned • verdict fur the Plaintiff—Damages, Six this ii the most proper view in which tit
Juno until the 13th of Nov.; and that every passible' nandr,d Pounds. consider it, it is a fair appeal to the judgment of the
attempt was made to excite unfevourable feelings re-
specting him. Bet surely, if Mr. %Vatd's !orison- IMPERIAL PARLIAMENT. country on this most vital question ; and the &cl—
ew were the act of the Elecotive Authority, and if non that Las been the result is of the highest is.
.....--
the Defendant were ignorant of the object of ii, not portant lt exemplifies the very shallow, false,
Miller. isr t OMMOSS, JAN. IS.
one word said upon this subject could be applicable .r Int to the ,es 'it u. mg pretences on which the protection
The SPEAKER took the Chair seer 1. d • s 't• of
to the cage against Mr. Clement, who could kite , .
notice begs*. sestorday, and proceeded to call Over I Law was in that institute removed from Ilse People at
notl•ine to do with the Plaintiff's imprisonment. If I
the Defendant had nothing to do with that act (jag- I the names of the Members by Counties, in nrJer to I large, and fuss Irises very strove presumptive evidence
sworn. A sionthee attended, delivered in
tillable or not), sorely the introduction of each a I their beige that if the indiaidoels who hed 'offered under the %s—
-tyle could only be for the purpose of eliciting an ' their
.1"ili"11°"1 at tba tables and
took the oaths
pension Act bad p sod the power of appeal in /Its
. h. land their seats.
undue impression against him, and of making him was end at the time which the law, in its moat
answerable for the conduct of other persons. Ms ! • modes of operatien allows, their innocence would
',ensiled Friend had stated, list the Plaintiff had I
have been speedily
been ground down end opp vvvvv d. The Jury were nudes clear, their sufferings
would not have been protracted to the crowd lonia