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and compelled to the sale to procure an existence, while this libel, which was delivered from the pulpit, they allowed to pass unnoticed. The learned gentleman then remarked on the suggestion to his Lordship, to appoint an assessor, which he deemed such an insult, as ought to have subjected the person making it to be committed. He wished only for a decision upon the legality of the Association, and therefore he called only for the mildest penalty; and concluded a speech of about half an hour, by adjuring his Lordship, as he valued his public character, and as he would be answerable at a higher tribunal, to give that decision which he believed to be the law of

the land.

Mr Parkins was then called, and

sworn.

Previous to his examination, Mr Adolphus asked him if he was to have any share in the penalty in case of conviction, as it was now avowed that a penalty was sought for?

Mr Parkins replied, Certainly not. Mr Parkins was then examined by Mr Thackeray.-Knew the Association; they met at No. 6, New Bridge street; there was a brass plate, with the words "Constitutional Association," on the door; saw a young man, whom he since knows to be Orton, at the door, who introduced him up stairs; saw the defendant, Sharp, there; asked him to give him the latest list of subscribers, which he did very politely; and also a copy of a circular letter, signed by himself, and a pamphlet. Being asked in what capacity he applied to Mr Sharp, and what induced him to ask for the list?

Mr Adolphus objected, and some time was spent in argument between the learned gentlemen-Mr Adolphus contending that the witness should be confined to give his evidence only to what passed between the defendant

and himself, and not as to his motives, or the character in which he applied to Mr Sharp, which was so ruled by his Lordship. Under this restriction, the evidence of Mr Parkins went no farther, than as to the receipt of copies of the address of the Association, with the list of subscribers annexed.

On his cross-examination by Mr Adolphus, he said he had never attended any meeting of the Association; did not go for the purpose of getting evidence for this information, but for general information; did not recollect whether or not he had applied to the Lord Mayor before he saw Mr Sharp, but rather thought he had; never told Sharp he thought the Association a good one.

The printed address of the Association was then put in as evidence, and certain parts of it read, particularly the name of Mr Sharp, as honorary se cretary, and again in the list of subscribers, and the declaratory resolu

tions.

Mr Shelton, the clerk of the peace for the city of London, proved that the Association was not registered at his office. Not one society, except the freemasons', had been registered with him under the Act in question.

Mr Adolphus read from his brief a list of about twenty public societies of different descriptions, none of which, Mr Shelton said, were registered. This closed the case for the informant.

Mr Adolphus now said, that he was glad the time had come for him to answer the attack which had been made on an Association, with which some of the highest and most illustrious individuals in the land were connected; brought forward, too, for the purpose of disgracing them, in the shape of a proceeding by an informer. But those who built their present safety and fu ture renown in the suppression of a Constitutional Association, formed of

such individuals, would, he trusted, be disappointed in this their desperate at tempt. If, however, the object of this attack was to descant in terms of obloquy and reproach on the illustrious individuals who supported this Association, the object had certainly been attained, and that too without any danger of retaliation. It was easy to throw stones at such individuals, whose exalted rank and station afforded many points of contact; whilst the assailants, from their insignificance, were only to be found, on looking for them, in impervious holes and inscrutable corners. He would not waste the time of his Lordship, by replying to such trash as roses smelling sweetly under whatever name, and the other shabby and threadbare quotations that had been made use of, nor the sneers that had been attempted to be thrown upon the Association. Had it been the real intention of the prosecutors, or the informers, to put an end to this society, or had that alone been their object, they should not have seen it attempted to be accomplished by a proceeding before a Justice of the Peace; (he spoke it in no disrespect, for it was in that character that his Lordship appeared on the information,) but they would have seen a jury of honest men impanelled, and the matter fairly tried before the sages of the law. It would have been put in the hands of lawyers, men of practice and of established weight. It would not have been left to be supported by the flippant assertions of one, whom he had never seen or heard of either in a Court of Justice or else where. He (Mr Adolphus) was surprised at the hardihood with which they had on this occasion ventured charges so utterly destitute of evidence or truth. Not one word had been given in evidence to prove the existence of any meeting whatever, of any com

bination, or of the "unlawful, treasonable, or seditious purposes" of the As sociation. The witness had seen Mr Sharp in a room, but Mr Sharp did not form any meeting. He admitted the correctness of the observation, that an illegal society was not the less illegal, because the Duke of Wellington belonged to it. The law viewed all with an equal eye; and the poor man of the pot-house, who became a member of his benefit club, had equal advantages with the most illustrious. But he would guard himself from admitting, that attacks ought to be suffered with impunity upon those on whom a stain was a wound, and dishonour not to be endured, whilst those who assailed were beneath reproach. His Lordship had been told most happily, that his decision would make the Duke of Wellington quake! He congratulated them on the excellence of the pun, which was well worthy of the quarter from which it came; but he could not think that the bar was so low, that any member of it could be father of it. He would tell them the origin of the joke: During the French Revolution, at a Jacobin club, Marat, a celebrated reformer of those days, mentioned to the club, " I waited on Dumourier, and when I entered the room Dumourier trembled.”—“ Dumourier tremble !" said some one present, "Dumourier would not tremble at the sight of 10,000 such fellows as you!"-" The Duke of Wellington quake!" said the learned counsel, in a tone of ineffable contempt," he would tell them, that neither their words nor their blows would reduce him to that, although it was part of the system to throw dirt at men of exalted rank, to render their situations less tenable." As to the allusion which had been made to his having recommended an assessor, he must say that he did it as a mere matter of suggestion, and with

all that genuine and sincere respect which he paid to every civil officer, before whom he had the honour to ap pear. He was one who thought respect to the magistracy the first duty of the subject. The "class" was always respectable, and respect ought to be paid to it, although the individual might be unworthy of it; and he dis played bad taste, if not bad sense, who could censure a "class ;" and he (Mr Adolphus) would not follow any example set him that way by any persons, however high their stations might be. The learned gentleman then adverted to the statute under which the proceedings had been instituted, and asked whether any evidence had been given, to shew that the objects of the Association were as had been described? If this society, in defiance of the obloquy cast upon its members, and the machinations set on foot against them, proceeded with firmness to repress that blasphemy with which we were inundated-if, in defiance of placards and paragraphs, they dragged to light and punishment those whose trade was to blaspheme, from the God who made us, to the meanest officer of society, in such a cause, and with such objects, he thought that the society deserved the support of all good and honest men. Want of confidence, deepair in the attack that had been made upon this society after so much preparation, so many consultations and meetings, was visible in every feature. They appeared tremblingly alive to the objections that would be made to it, and they had carefully recapitulated them. But he would proceed to remark on the facts set out in the information, and the shabby and desperate attempts that had been made at proof, after he should have made some observations on the origin of the Act. It would be recollected, that this Act was passed in the year 99, a year memorable for

the situation in which the country was placed. At that time, societies were formed by those who wished to bring about a revolution in this country, in which only a portion of the members were permitted to be acquainted with the general management; these were controlled by others, and those in their turn by an executive directory, (in the manner of the Executive Directory, which was then the form of government in France), having a director who governed the whole, but who was kept out of sight. It was against societies of this nature, having the character and intention of hostility to the established institutions of the country, that this Act was directed; and at that time, it having been shewn by the Abbe Barruel in France, and by another person in England, that, under the name of freemasons' lodges, societies of this nature were held for the purposes above-mentioned; they were therefore obliged by the Act, to register their declarations. As to the societies for charitable purposes, they were lawful before, and were never made unlawful by any thing that had been done since. The society was charged in the information with being an unlawful combination and confederacy. He then took a view of the history of the Act, and quoted the preamble, to shew the nature and description of societies intended to be suppressed, which were clearly designated, while the objects of the present Association were entirely opposite. He denied that the address of the Association could be construed into a declaration under the Act, and remarked that the word "test" was omitted in the information, because it was known that there was no test subscribed or assented to. He instanced the case of a society, which should be formed for the encouragement of home manufactures, the members of which

should assent to a declaration to dine together, and to have a ball, where every one must appear in the manufacture of the country. This would be a declaration not required by law; but would any one venture to say, that this was an illegal combination? This construction would equally affect numberless valuable societies and institutions; and let it be remembered, that this object was now avowed, as the learned gentleman had contended, that let their intents be wicked or charitable, they were all equally within the meaning of the Act. Thus he might claim an acquittal, on the high ground of the principles of the Association, and a denial that any test existed among them; but there was not even a tittle of evidence in support of the facts set forth in the information. The existence of the Association had not been proved. No evidence had been given that they had ever met. Mr Parkins had seen only Mr Sharp alone in a room, and solitude and society he had always understood were direct opposites. No proof had been adduced but the list of subscribers; and persons

rig t be subscribers, and yet not members. Even in the list Mr Sharp was set down as secretary, and it seldom happer d that the secretary was a member of a ciety; nobody thought that the Clerk of the House of Commons was therefore a member; the very printed addres had not been proved to have been sued by the socie ty; the manuscript should have been produced, and evidence brought forwerd, tracing it to the defendant.-The le ned gentleman concluded, by repeating that he had a right to claim a decision in his favour, upon the high ground that the Association was not within the meaning of the Act; but even if that should fail him, upon the total absence of evidence to prove the facts stated in the information.

The Lord Mayor consulted for a few minutes with Mr Newman, when the latter gave the decision, that his Lordship thought there was not evidence before him to induce him to pronounce the Association an illegal combination, and therefore he dismissed the information.

TRIALS FOR LIBEL.

THOS. FLINDEll for libel aGAINST
THE QUEEN.

EXETER ASSIZES.
Guildhall, March 19.

THE information charged the defendant with having published a scandalous and malicious libel against the Queen, contained in the Western Luminary of July 11, 1820, in the following words:"Shall a woman, who is

as notoriously devoted to Bacchus as to Venus-shall such an one as would, if found on our pavement, be committed to Bridewell and whipped, be held up in the light of suffering innocence, and enthroned in our hearts on the prostration of our boasted principles ?”

Mr Sergeant Pell briefly stated the case for the Crown. The words selected by his Majesty's Attorney-General as the subject of this information, were embodied in a dissertation of much greater length, which it was right the

Jury should hear.-[Here the Le ed Sergeant read the article in the Western Luminary of July 11, in which the Libel was contained. This, he said, was the paper on whch the Jury, under the obligation of their sacred oaths, would have to pronounce; and unless some species of proof, some line of argument with which he was wholly unacquainted, should be adopted for the defence, he was sure they would be bound to consider it, as he himself d, a foul, scandalous, and malicious lib. Proof of publication was then addu. ced, and Mr Sergeant Pell said this was his case.

Mr Coleridge rose for the defendant. If in his conscience he went along with the Learned Counsel for the prosecution, as to the character of the alleged libel, and the probable result of the case, he would not waste the time of the Jury, or that of his Lordship, by another word, but would reserve his arguments for a future opportunity. However the prospect of being engaged in this case might have been flattering to him, as he approached it, the nearer view was alarming. It needed not the disparity that existed between himself and the Counsel for the Crown, to clothe this case with disadvantages to the defendant; for the information charged him with having published a foul, slanderous, and malicious libel; and such a charge was inferior only to those that affected the lives and property of individuals, because it attacked the reputation. And against whom was the defendant charged to have published this libel? Against a woman who of all others was in a situation entitled to commiseration-an individual of exalted rank, the Queen of this mighty empire. He would not justify the passage which formed the ground of this information-it was an intemperate sentence; and if the defendant would have had him justify it, he must have sought another advocate. The

evidence of crime, however, rested on the intention of a party; and if he could shew them, from a train of circumstances, that Mr Flindell had no malicious intent, he would be entitled to their verdict. In doing this he should be compelled to enter into a painful detail of particulars, which he deeply deplored should ever have taken place, and which he wished could be forgotten.-The Learned Counsel, after disclaiming the influence of any personal feelings, proceeded to narrate the circumstances that preceded the late trial of her Majesty. He particularly dwelt on the Report of the House of Lords, which cast a reflection on the Queen's character, ten thousand times more serious than any thing the defendant had said; and a bill was brought into Parliament, that, for the charges it contained, out-heroded Herod. The libel, in comparison with it, was milk and water. Was Mr Flindell to take no notice of this? Was he to be the only one to remain unmoved on the subject? But he should wrong his cause if he stopped here. It was ge nerally thought that those who favour ed the Queen's cause were connected on other political points; and it was Mr Flindell's intention to oppose them; an injury to the person of the Queen was not his intention; he thought only of the idol whom the party had set up; for in the same breath as he makes the accusation against her Majesty, he tells you, that her answers to addresses were written by the same persons as the addresses themselves. He should not, however, be dealing candidly, if he did not admit, that the line of defence he was pursuing did not cover the whole of the alleged libel; yet, if the Jury found that the sentence, though intemperate, was not written in a bad spirit, they would give a verdict in his favour. He had brought the matter to a balance of evidence on one side they had the bare proof of publication, on

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