Report of the trial of Archibald Prentice for an alleged libel on Captain Grimshaw at the Salford...

Report of the trial of Archibald Prentice for an alleged libel on Captain Grimshaw at theSalford quarter sessions 14 July, 1831.Author(s): Prentice, ArchibaldSource: Foreign and Commonwealth Office Collection, (1831)Published by: The University of Manchester, The John Rylands University LibraryStable URL: http://www.jstor.org/stable/60238594 .

Accessed: 15/06/2014 23:45

Your use of the JSTOR archive indicates your acceptance of the Terms & Conditions of Use, available at .http://www.jstor.org/page/info/about/policies/terms.jsp

.JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide range ofcontent in a trusted digital archive. We use information technology and tools to increase productivity and facilitate new formsof scholarship. For more information about JSTOR, please contact [email protected].

.

Digitization of this work funded by the JISC Digitisation Programme.

The University of Manchester, The John Rylands University Library and are collaborating with JSTOR todigitize, preserve and extend access to Foreign and Commonwealth Office Collection.

http://www.jstor.org

This content downloaded from 188.72.126.196 on Sun, 15 Jun 2014 23:45:00 PMAll use subject to JSTOR Terms and Conditions

http://www.jstor.org/action/showPublisher?publisherCode=manchester

http://www.jstor.org/stable/60238594?origin=JSTOR-pdf

http://www.jstor.org/page/info/about/policies/terms.jsp


REPORT

of

ARCHIBALD PRENTICE,

JilÊS-SB LIBEL

C APTAIX GRIMSHAY\~,

VL' THE SAM'ORD QUARTER SESSION; Uth July, 1831.

MANCHESTER: 1'inti'il uui l'dblislic-dby Akchib VLii Pke.ntici;. Tiiih'"-Office,

Market-street. ;

A This content downloaded from 188.72.126.196 on Sun, 15 Jun 2014 23:45:00 PM

All use subject to JSTOR Terms and Conditions


H\Mh

I * Q Wlf* Si > <£/2 l t^"

' 7

r



V9

PREFACE.

npHE ground I took in my defence on the trial which is reported in the following pages, is that

which was dictated by common-sense; but I was strongly fortified in the course I had laid out for myself, by a communication with which I was ho¬ noured by the illustrious Jeremy Bentham, and in which, after commenting upon the indictment, he says :

" Besides giving acquittal to an innocent and calumniated man, though it is not in their power to save you altogether from punishment under the name of costs, it is in the power of the jury on this occasion to give a great lesson to all Englishmen, and through Englishmen, to all mankind. Yes; it is in their power to drive the first pile for the erec¬ tion of the fabric—the august fabric of Law Keform. After finding you Not Guiltv, let them make it known by the mouth of their foreman, that though it is on the account of the merits that they thus acquit you, yet had they ever thought you guilty of an offence and that a serious one, they could not have found you guilty of the facts charged in and by a written instrument of accusation thus crammed with known and notorious untruths, and that where¬ soever an instrument of accusation, thus filled with these and other lies, is stated as the ground of accu¬ sation, no verdict will any one of them ever concur in, but that which has the words "Not Guilty for she expression of it.

a 2

/h This content downloaded from 188.72.126.196 on Sun, 15 Jun 2014 23:45:00 PM

All use subject to JSTOR Terms and Conditions


f^m

" Let them make this declaration, or any thing to this effect, and they will give a lesson to the " good men and true," as Jurymen are stiled of the whole community, and the lesson will spread like wild-fire. The lawyers, seeing that by lies of these and other kinds their purposes, instead of being fulfilled as they have been hitherto, will bo frustrated, will, with whatsoever reluctance, cease to utter them, and confine their steps to the paths of simple truth, or, at any rate, what has the appearance of it."

Such are the opinions of the great man who has honoured me with his advice and aid. The public

• have now seen a specimen, though a comparatively small one, of the sort of trash which, in quantities altogether unbounded, for the sake and profit of the lawyer-tribe, any man, how slightly soever guilty, or even how completely soever innocent and in¬ noxious, may be made to pay for, or if he has not wherewithal, thrown into gaol and ruined for not being able to pay for. Would men know how it is that this state of things has been produced—this all- comprehensive and constant perpetration of injusr tice, under the pretence of administration of justice, by the so-called ministers of justice Would they see and understand how it is that this monstrous state of things has been brought about, and by what devices in particular it has been brought about, they have but to turn to that work of Mr. Bentham's which is entituled Petitions for Justice and Codifica¬ tion. In that work may be seen those devices laid open—every one of them—in the clearest and most perfectly intelligible manner: and when the time comes, they may perhaps feel disposed to attach their signature to one or other of those petitions.

ARCHIBALD PRENTICE. i>



SALFOED MIDSUMMER SESSIONS.

THE KING v. PRENTICE.

THIS was a trial by indictment of the Editor or The

Manchester Times, for an alleged libel on Captain Grimshavv.—It came on at the Sallord Quarter Sessions, on Thursday, July 14, Mr. Nohris, Chairman Counsel for the prosecution, Mr. Branut and Mr. Trajtord ; Attorney, Mr. H. Barker For Mr. Prentice, Himself; Attorney, Mr. Owen.

JURY. GEORGE JACKSON, Foreman Sallbrd. "William Dixon Do. Thomas Bainbridge Do. John Fletcher Wuerdale and Wardle. William Crosslev ' Todmorden. William Scholfieki Do. Robert Barker Tottington. Rd.Howarth Do. Thomas Elton Do. John Wilde - Do. Edmund Pickup Do. Jolin Priestley Do.

THE INDICTMENT. Lancashire to wit.—The jurors for our lord the king, upon their oatli present, that Archibald Prentice, late of Manchester, in

the county of Lancaster, labourer, being a person of wicked and malicious mind and disposition, and wickedly 'and maliciously con¬ triving and intending to injure and vilify one John Grimshaw, then .and still being a captain in tiie first regiment of royal Lancashire militia, and to bring him into public ridicule, hatred, and contempt, and to cause it to be believed that he, the said John Grimshaw, was not respectable, and that he was a person of depraved, lewd, and vicious mind and disposition, _pn the twenty-sixth day of March, in the first year of the reign of our'sovereign lord William the Fourth, our now king, with force ami arms at Manchester aforesaid, in the county aforesaid, unlawfully, wickedly, and maliciously did print and pub¬ lish, and cause to be printed and published in a certain newspaper, entitled and culled " The Manchester Times and Gazette," in a eel'-

A 3



6 ta n put of such p p conta mug observations respecting a certain j>plitun the (in stated to have been "^;ot up, and lespecting the laid Join Gumshaw, and ceil an otliei pei&ons theitun rnentioned as si„mis of such petition a cuiain fi.lse, scandalous, and malicious libel or and concerning the said John Gnrnshaw, in a ceitun part of wuchsid libel there weieandare contained the false scudiloua, ^malicious, and libellous words following that is to say, " And that the numerous signeis of the petition ithei-cby mean ng the aforesaid peti¬ tion) aie "highly respectable'1 no one can doubt, when told tint Captain Grimshaw (thereby then and theie meaning the said John Grimshaw) is amongst them, * blushing celestial ro^yud " and in a CLitain other put ot winch said lib 1 tlnie wcie and are cont med the false, scandilous, m ihcious, and libellous uoids following, that is to sav, 'JohnGtrmslnw, commonly calhd Captain Ciimsh w, (theuby then and Ihei meaning the aforesaid John Gnmshaw), pnncipally rtmaik^ble foi giving bawdy toasts and foi a countenance whicii seerns to blush at his own (meaning the said John Giinisb.au's) lewd ness to the l,i eat scandal and displace of the charactei and leputation of the sud John Gnmshaw, to the evil example of allotheis in like case offending, and against the peace of our said loid the king, h s tiown and dignuy And thejuiois aforesail, upon then oitli afor°said, do further p e sent th it the snd Archibald Pren ice being a person of such wicked mind and disposition as afoiesaid, and contnving and intending as afoi esaid, on the day and y ai afores ad with force and ai ms at IV] in- chestei afoiesaid m the county afuies id,—wickedly maliciously, and unl iwfully did punt and publish and cause to be punted and published in the aforesaid newp ipei m a ceitain paitof suth news- papei, contusing certain paiagiaphs puipbrtmg to be a copy of a certain supposed petition therein stated to have btengotup igiinst r form—a certain other f Use scandalous, and maliciois libel, ot and concerning the sud lohn Gnmshaw, iccoi ling to the ti nor and effect following—that is to say —" The Htrald, dated lucsdiy evening, Mays of this petition (meaning tie labtabove mmtioned supposed pe¬ tition) " it has already leceived a numb-i of highlj respectable signa- tuies" * £>o one can deny that it has received a number of signa- tuies, for uelcara that the n imes attached to it, after a davsexhibi- tion in Mi Sowler's suop, including thobe which had been put to t {theriby meaning the aforesaid petition by the sunivmg membeis of the Pitt club uho biought it there, meaning the shop ot the sud Mr SowltO amounted to no lewer than sevintetn and tint the numerous signers of t ie petition are highly respectable no one can doubt, when told that Ciptain Grimshaw (meaning the said John Gnmshaw)is amongst them, blushing celestial losy red We think our contempn r uy mi^ht have favoured the town with a list of the highly respectable Mgnatmes but, since he has not, we will W e have no notion of per nutting such virtuie as theiia'to waste its sweetness on tie des it air' Am dst the universal defection, heie aie seventeen Gim to their pnn- c plea—

"Amongst the faithless, faithful only they, and they ought not to lose their meed of praise,—they have attempted to do good by ste ilth, and we shall raisethen grateful blut>h at finding it finle Heie then is a catalogue ol the seventeen w oi tines desenbed as wellas wecan

Edward Chessliyre, commonly cilled r\ul Chesshyre, honoraiy se¬ ctary to the defunct Pitt club, and hohcitor to the commissioneis of t ixes I homas Haidman not d for his consistency in absolutism

Thomas Btnow, biothei in law to the ab jvc Hardman Robeit Hindley yeomaniy captain on the sixteenth of August, 1819 barauel Argf nt B udsky M D a membn of the defunct Pitt cluh.



and formerly a member of the selt-appo'ntcd Manchester committer, stlf-slyled ' in aid of the ci\ic power." John Gnmshaw, commonly cilled Captain Gnmshaw, 'theieby tlten and th ic ii.eunng fie afoiesaid lohn Ginnshau) puncipally reinaik- abl" for giving bawd) toasts, and foi a countenance which seems to blush at his own fmeaning the afotesaid lohn Gnmshaw's) lewd¬ ness ' To the gieat injuij of the said John Grjmslnu and against the peace of our said Imdthe king. Ins crown ind dignity And tl e juiors afoiesaid, upon then oitli afoiesaid, dofuithei piesent, that the said Archibald Pi entice being a person of such mind and deposition as aforesaid, and unlawfully and wickedly mteniing to injure and vilify the s nd John Giimshaw in Ins chaucter, and to cause it to b * believed that lewis not lespectable, on the d 15 and year afou&aul, with force and -aims at Manchester afoiesaid, 111 the county afoiesaid, unlawful^., wicked!), and mahciouslj did punt and put- Iu.li, mil cuise to be printed and published, in tl e afoiesaid new sp - per, in a ceitain pait thereof, containing rem uks on the said John (jnmshaw, and the signers of a ceiUni supposed petition, theiem stated to have been got up, a ialse, s„and Uous and malicious libel of and concerning the sud John Gninshaw, to tl e tenor and effect fol¬ lowing, that is to say, "That the numerous signers of tlispttition (meaning the last ni"ntioned supposed petition,) aie highly lespectable m one can doubt, whin told that Captain Gumshaw (theiebj then and there, meaning the afoiesaid John Giimshaw wis amongst them," tt the great mjui) of the charterer of the sud lohn Grimshaw, and against the peace of oui lord the king, his crow n, and digmtj And the jmois aforesaid upon then oath afoiesaid, do further piestnt tuat tie said Aiclubald Prentice being a person of such mind and dispo- « uon as a*bies ud, md unlaw full), wickedly, and mahcrouslj contriving and intending to injuie and \tlif> thes udJobn&umshaw, and to cause to be believed, th it he was a man of a vicious, depi t\ ed,lewd andba\rdy disposition, on the day and -yeai atoiesaid, with foice and aims at Manchester, in the count\ aforesaid, unlawfully wickedl), and mali¬ ciously dii pi nit and publish, and cause to be punted and published, in the afonuaid mwspipT, 111 a ceitain part thereof, containing le- ta uks on the said John Grimshaw as the signet of a ceitain supposed petition in the saidnewspapei,btatedto have been got up, a false,scan¬ dalous and m ihcious libel of and concerning the said John Gnmshaw, to ttie tenoi and efket following, that is to sij, "John Gumshaw, com¬ monly called Captain Gnmshaw (theieby meaning t'ae said lohn Grim- ahaw.) pnncipally remarkable forgiving bawdy toasts, and for a coun¬ tenance which seems to blush at his own (meaning the said lohnGum- shaw's) lewdness," theieby then and tlieie meaning tint the said John Xjiiimshaw was in the habit of proposing toasts of a b iwdj nature, and that he the said John Gnmshaw was a lewd man, to the gi eat injury of the charactei of the said John G-umshaw, and against the peace ol our said loid the king, his ciown and digmU And thejurois afoiesaid upon their 0 ith aforesaid do fuither present, that the said Archibald Pienfrce, being a person ol such mind ant disposition as aforesud, and unlawfully contnving and intending as 111 the last count mentioned, 011 the day and yf ir aforesaid, at Man¬ chester aforesaid, in the county afoiemid, uulawfully, wickedly, and maliciously did punt and publish and cmse to be punted and pub¬ lished in t'.e afoiesaid newspipei, a certain other scandalous and malicious libel of and concerning the said John Gumshaw, to the t nor and effect following, that is to saj, "John Gumsl aw, common- h called Capta n Giimshaw. (thereby meaning the said John Gum- s'iiw,) principally lemaikable for giving bawdy toasts, and foi a rounfen-nce wiue.i seems to blush at lus ow n (meaning the s ud John fviiu bhaw^) lewdness," to the great mjuiyofthe character of th« sud John Gumsliaw, to the evil example ol allothns in like c isc oiiendmg, and igimst the peace ot our said lord the king, his cjuwd fnd di<nilv (I xl BUIKI H, Solmtoi GOIlSr an 1 BIKCId UX



8

Mr. Brandt stated the case for the prosecution. He said the indictment against the present defendant was one torn libel on Capt. Grimshaw, In opening the case on this occasion, lie feit it necessary to make a few prefatory remarks. It »»> not unusual lor it to be imputed to prosecutions of this kind that they were oppressive and unwise. He (Mr. Brandt) was as warm an advocate for free discussion on all questions, whe¬ ther on theology or politics, as any man could lie, because he felt sensibly the great benefits which were derived froni tjiose sources. Nay, he was very sensible that it would be most unwise, unjust, and he hoped it always would be an illegal thing to prevent the free discussion of all topics—because discussion tended to increase the liberty of the subject—to improve the minds and increase the happiness of his fellow- creatures. He vvas very sorry that the means of discharging a public duty should be made, the instrument of oppression by any portion of the press : but there were limitsto its free¬ dom, and one of those limits was that it should not take ad¬ vantage of its great power to oppress individuals and abuse private characteis. That appeared to liim to be the great stand which should always be taken against the press. When they considered who were the conductors of it—that they were, some of them men of great talent and of the highest respectability—they must be aware that immense benefits were conferred by it. But when, on the other hand, they considered, that those who had the conducting of it were unknown—they appeared anonymously before the public— they must also feel that they might do infinite injury^ and wound the feelings of individuals, without affording to the party so hurt any means of allaying those feelings. At the

.same time, he allowed that they must admit a limit to their notions respecting the sacredness of private character, so far as that men should not wince if their names were fairly intro¬ duced, and if their actions were only drawn out by discus¬ sion, and lie was also ready to allow that no individual ought to. complain, if in the agitation of a question for the benefit of society, some observations were necessarily made which might have the effect of injuring a person's character. But when a writer stepped out of the way for the purpose of inflicting an injury—for the purpose of castiiig aspersions on private men—he could have no good reason— his conduct could only proceed from wicked and bad inten¬ tions. Character was to individuals the most sacred and the. most valued thingthey possessed. Jt was that through which theySvere most easily wounded ; and an attack upon which most affected men of sensible minds. He was not alluding to charges of a gross nature, hut to such as re¬ flected upon men's respectability or held them up to con¬ tempt and ridicule. If an attack were wantonly made, during a discussion, and where the question at issue could hot be benefitted, it was incumbent upon the writer of the article, .or upon the individual who appeared to answer such a charge, to show, when called upon, that he made it



9

meiel-y foi the purpose of following up the sub]ect piopeilv. Having said thus much, and as he hoped, haung succeeded m lemoving ally piejudice which might aiise fiom a belief tfiat he himself was an enemy to fiee discussion by the picss, he should ptoceed to comment upon the libel in question It was contained in a papei called the McmtJiette) Times mid Gazette, said he thought thtv would find, when heieid it that it enne undei the denomin ltion of those which ucic and ought to be objects ot piostcution—in shoit, that it u is an attack upon private chaiactei, without the existence ot sufficient cause foi that attack. The) wcie ot couise, aw ne that that which held a man up to ndicule 01 con¬ tempt—01 which tended to show that he was not ic>pecti- ble—that he was a peison of giossimnioiality 01 indecencv, lequued very stiong justification. In the leuniks which lie was about to make he should not have occasion to lliude to any thing ot a political natuie. Th it this libel—foi such he should even now call it—aiose fiom politic il lcclmgu is \eiv piobable ; but that any political difluenee could lia\e gnen occasion lot such violence, the juiy he thought would agice with him .could not be the case. He could not hut suppose that they (the Juiy) as Englishmen had been waim- H mteiested in the gieat question which was now undci discussion. Ilthcyweie awaie that upon it men difieitd much in opinion—and he hoped honestly—but he belied theie was piobably a majontv in favoui ol it. Whcthei it would be loi the benehtof the nation tint 111 it measuie should be earned to the full extent, 01 whcthei undci some niodihcition—was not the question loi them to decide, and he was h'ppv that it was not, loi it w is one ot leiy gicat difliculty.—The lenned guitlcu an then pioccedcd ro lead those poitions of trie aiticle (contiiiied in the Times ol the 22d. ol Much) which boie upon the question, and to comment upon them as he ie*ui. He then continued. Taking it as a test that whate\ei tellected on a man—wh it- cvei held him up as an inimoi.il peisonage—01 exposed nun to contempt, was a libel—nobody coidd doubt th it this aiti¬ cle was libellous. Was it a ntcesstiv fealuie m the discus¬ sion that Ciptain Giimshaw should he held up in this inui- nei toiidicule,—01 did it tend to bcnciit the gieat c uiie ot leloim3—He undeistood the defendant was in touit, and that he me mt to deltnd luinseli. He due siy they would deine a good di U of amusement liom hib lenniks—bu' nl that he uquued was, th tt justice should he done, i.e due siy ilao th it it would be asktd —Why does not C lptam Gi nn sha\% bung inaction, foi then it could h ivc been pio id — ihough he did not know how—tint he hid a " countch nice v hie i seemed to blush at his ovin lewdness," and that he uas not i icspcctable in in—but tint by the piesent mode the defend nit vas shut out iiom justil'c ition. He admitted tn it he could no' oOei any ewdeuce to piove the tiuthol tiles' nntteis, and he would tell them whv—hut fust he woubi state win his client had not pioceeded by action. Ciptalu



Grimshaw, who was well known to his fiiends, helielievcif bad not experienced damage to a great amount among them, and therefore he could not.ask or desire damages. It was nut for the sake af putting money into his pocket that he had instituted these steps, and therefore he would not have it sain that he wras instigated to proceed by a mode from which- lie might derive pecuniary benefit. But he did this as a les¬ son to the defendant—as a protection, not only to himself, but to every quiet man, who discharged what he considered *o be his duty—and to protect others from the low and vul¬ gar abuse contained in this paper. No doubt they should' have a strong complaint of the law not allowing evidence as to the truth. But the law was so—and of course they must abide by it. But in his Mr. Brandt's) opinion it was a sensi¬ ble provision, because if it were justifiable to publish of a man observations reflecting upon his character because they were tiue—let them only look what evils might arise from it, and he thought they would agree with him that it was not proper, unless there were strong necessity fordoing so. Let them sup¬ pose the case of an individual convicted of felony—that that individual suffered punishment,and that heafteiwardslabour- ed in a reputable condition in life, regained his character and: earned his own livelihood respected by all who knew him, until some malicious, wicked man chose to publish week after week—for if he did it once why not a thousand times —that A. B. was convicted of felony in 1815 or any other year. Was that individual to have no protection from the law—was he to be held out as an unfortunate object of attack—should he have missiles poured upon him—should malicious individuals from behind their dark screen hurl darts at him, and then, if he brought an action, say, " What have you to do with me—all is true." He might mention many other cases in support of the same ground. He knew that Captain Grimshaw was most willing that any¬ thing of this kind might be answered, in order that he could prove the falsehood of it. It was one of the great evils of the public press that the public never knew who attacked them—but under the high and majestic designation " we,"' wdiich vulgar persons supposed to be some omnipotent bedy, but which often covered a vile peisonage—darts weie level¬ led at private character. He hoped, however, that the great majority of those connected with the public press were not such as he had alluded to—and he believed that they were generally men of high character, much learning, and good sense—but there might be, and he feared there were, others of a different stamp. In former times it was held by some of the judges that a jury had nothing to do with pro¬ secutions for libel, but to ascertain that the defendant was. publisher, and then they must find luni guilty. In good sense, however, a jury ought to do more than that, and now, by an act of parliament they judged.whether or not the publication amounted to libel. Of course ill this case they would look to the judge for his direction as. to what.



11

in lrw amounted to libel, and it would then be for them, having that diieetion, to decide whethei this amount¬ ed to it. They weit ne\ei called upon to piove expicss malice, but thev mu«t judge fioin the nature ot the aiticle mbethel the wntei could have betn aciuatcd by good mo¬ tives.— It had been 1 ud down that if any publication tended to scindali2i 01 injuie any individual, the objections must neccssuil) be minted. By the 32d of Geo.HI.it had bem declaicd tl at upon the publication ol a libel the juiy might give a gencial veidict guilty 01 not, the whole couise being to lind whethei the libel was published ; and l)y the 2oth. of the sime, that the couit should s;ive an opinion to the juiy as th-v would in othei cases. So as he would state nhcthei the t icts amounted to telonv Ol not, in this case the chuiman would fell them whether the aiticlc amount¬ ed to libel 01 not.—Aite. akwnioie uni npwt nit lemaiks Mi. B.anJt sit down, and All. liailoid piocecded to call wi nesses.

IleniyBioun I am c'eik to Mi. Bnkei. I purchased a pipci at Mi. Pientice's oflice, onTuesdiy the 29th day of March. 1 lean it. I know Captain Giimshaw; an 1 know horn tending tl c p ipei that he was tne peison alluded to. 1 know no other Captain Gumshaw.

Cioss-exinnned by Mi. Prentice I was instructed to buy this p ipei. I don't know thatlwas instiucted to pui- chase anv othei pipei. 1 am in the habit ol leading othei Mauchestei pipeis I cad the Gnat diun. I have not been *ent to puichast the Gutndian ioi libels. I don't lemenibei leading the Guaidian ol the 25th Septembei. I know Cap. t nn Giimshavv. 1 don't know wheic he is. I don't know that he has not been here ioi the last ten d ivs oi foitnight. I don't know why he is not in M-uichcstii. I can't tell whethei he is in England.

Re txamined by Mi. Brandt —Ihcud he was with his legimenta toitnight oi thicc necks ago,

John Beeston, acleik in ,the stamp office, was called to piove that Mi. Prentice was the pnntei and publishei ol the Manchester Times.

Mi. Prentice asked if lie hid the affidavits here He called upon him to pioduee them.

Mr, Beeston.—The aflidavits aic filed in Liondon. Mi. Preniice submitted that wheie theie weie wntten

documents, veibal testimony ought not to be leceived. The Chairman thought that was sufficient. Cioss-examined by Mi. Prentice.—1 icmembei youasthe

puntei and publishei. 1 ha\e only a iccollectiou ot lliewut- len document.

Re-ixamined by Mi. Brandt He has been two oi tlnee timeslo pav the duty.

The Cleik of the Peace then lead the aiticle—subject ot these pioceediugs. Mi. Brandt stated th it this was his ca6e.

Mi. Prentice submitted to the Chanman that theie was



12

no case at all. He was chaiged with laving published a f ilse libel, and theie was no eudence at all ol false¬ hood.

The Chairman said, the simple question in this case was, whethei the aiticle was a libel. Toe tiuth ot it was nevei peimitted to come under consideiation.

Mi. Prevtice commenced his addiess by observing that the learned gentleman who hid opened the case tor the pio- *ecution had intiniited, thit no doubt the delendant, eon- ducting his own case, would, in the couise ot his addiess, l'loid them some amusement, but he (ill. Pientice) would put it to the juiy whethei 1 peison ciicumstauced as he nas, would be likelv to tieat the subject lightlv. It might be spoit to gentlemen of the law, but whit was spoit to them wis death to the untoitunate object of piosecution. It might be. spoit to tnem who were pud for it, but not to him who hidtop-vv. Honevei, he had ceitainlv been amused, and much imu°cd, that the learned gmtleman, in hii/eal to mticipate the couise of defence, had entuelv oveilooked tint which would w in int him m asking at then hands an itquitti). He had quite omitted to tell the jury how a chnge ol having wutten a false libel could be sust lined without a paiticle ol pio )t of f llsehood. Ke (Mi. Pientice) wis satisfied that ll the juiy paid any iegard to the oaths which they had taken, aftei he had shown the follv and ab¬ out dityot thechaigepieteued agnnst him, they would never find him guilty. The learned counsel hid bestowed main bid names on the aiticle published in his pipei, and K might pel hi pi be allowed that it was wnttui in not the vet) best taste, but i detect in taste was not i Slid cicnt ^lound on which to find a veidict ot guilty—exposing him to line md peilnps impusonment. The learned gentleman had sud i good deal about anonymous: wiiteis sending foith then slmdeis upon iexpectable peisons fioni *hen daik scieens, but it was well kiio;vn that the editois ol countiy newspipeis weie known and lesponsible peisons. The juiy I new th it it was quite common to speak ot Mi. Tavloi s pipei, Mr. Whittle's pipei, and Mi. DoheiU's piper. Theielme, all that the learned gentleman has said about iiionyinous «landeis goes ioi nothing. And allow me, added All. Pientice, to siy that my name alhxed to the papei which I edit and publish, is 1 sufficient guaiantee that ic- pnatlon sli til be had for any lnjuiy tint any individual may sustun tiom its contents

I have, sud Mi.Pient ce, been tlieconductoi ot anens- pipei foi mine thin seven years, and duungthat tune, h tie wi itten upw uds ot one thousand essiys, lull ol lite com- n tuts on public metsuies and public men, and, ntiei till now h ive I had to appeu ill a eouil ot justice, dinged witii hiving, in mv one ol tnose Jiousind instances, done injur* to any individual 01 any set of men. This is whit lew joui- iitlistsctn st>, who have had the honesty and couuê to lepioê vice, and that I ini able to siy it, is a stiong pioof



13

that wheic I have icpioved, I haê been so obviously free fiom impropei motives and fee nigs, tint they who have been lepiovcd, hive lelt tint thev hid no just giound for complaint In all that time no m m h is been lble to charge me with malice oi Itlsehood If at my time I have uninten¬ tionally wtonged any man, I h tve inst intly given him all the the redress in my powei, and it has been my mvainble 1 m- guago, whenevei anv stitemcntof mine has been complain¬ ed ol " Show me that it is untitle, audit shall be contiadicted ' And thisalso has been tne linguage all mvseivauts h ive been mstiucted to use They have unifoimly said, *' Only convince Mi Pientice th it theie is any errot m the statement, and we ale sine he will contndict it " Such being my own rule, and such being the lule in my oTice, it is not suipnsmg that I should nevei befoie have been called into a comt of justice ind I cm assure you, gentlemen, that if in this case the complainant had con e to me and said " You have hastily asseited what cannot be sust lined,' and had I, onenquny, lound it vvisnotasrepiesented, I should in¬ stantly not only have contiadicted the asseition, but should 1) ive felt bound, as an honest man, to ollei an amp'v apology toi my offence, and such lepaiation foi the mjuiy as it was in my powei to give But what was the couise puisued in this case There was no complaint of misiepiesenta'ion oi falsehood. Theie was not one woid complaining ot mis-stitemcnt, not anv de¬ mand lor correction, but at once there is instituted a tiou- blesome and expensive piusecution If the object of the prosecutoi was the vindication of his chai ictel, and not the. giatihcation of hisangiv feelings, he has ovtilooked the op portunit\ of contiadicting my st ite i ents, if they weie un¬ title. The leurH com sel has sneeuialy told you tint I would piobably isk you why an action ot damages was not brought To be suie I will. It Captain Gumshaw was injured by my statements, why did he not institute an iction of damages, wheie, it 1 lulled to piove then truth, I should have been coveted with infamy, and he tleaied of all aspersions on his fan fame and that chanctei foi chasteness ol 1 nguage and conduct which a gentleman ought to be desirous of lttaining p AI hy did he not tal e th it couise which would have bi ought the tndh befoie tin juiy, ind thus, it he weie undeseivedlv slandeied, deal him it once ot all suspicion' Tint would have been the man¬ ly coiusc—and the finest couise, toi both pnties loi, it I tilled, the odium would have fallen on mc, and if 1 suc¬ ceeded, he would line shaied tint censiue which men ought to leceive, when they oflend agaist the lules of ele¬ ct ncv

The fuststitute lelative to libels wasthe 3d Edwaid I «• neb is directed agnnst _/a/se news .nd rumouis Ftlse- hood then wis essential to the chaige of libel. Without lilsthood it w is no libel. It w is ttue tint the pi icticeof the cotutshas changer1, foi itbecamccomemcnt is a matte i



14

of state policy to punish the piopagatorsof news and iumom's whether true or false. Hence the decision of judges thai truth itself was a libel. But we are not to take judge-made- law ill preference to express statute. 'J he dictum of a judge cannot repeal a law. The statute is there, and it is not to be set aside though fifty judges following in the wake one of another chuse to pass it over, and, without the authoiity ol king and parliament, to make a law ot theii own. And if it did not stand in the statute book, here is evidence that such was the ancient law in the very form of this indict, ment, which, by a piece of providential stupidity, has pre* served the ancient charge which includes falsehood—pioving by a sort of traditional pioof that falsehood was requisite to constitute a libel an olieuce punishable by law. But not¬ withstanding the existence of this statute, and notwithstand¬ ing the retention of the form which accorded with that statute, such was the length which judges carried their own law, that they at length declared that the mere pioofof publication was a proof of libel. No matter what a man was chaiged with, if it were pioved that he only spoke or wrote the words, that was sufficient to convict him, and ex¬ pose him to punishment at the discretion of the judge. If }, for instance, had said that Captain Grimshaw had a red face—the mere proof of publication according to them was pioof'of a false, scandalous, and malicious libel. The 82, Geo. Ill, which has been already read to you, set aside such absurdity, and declared you to be the judges of the law as well as of the fact.

Oh, but, says the learned counsel, my client could not in¬ cur the suspicion of having pecuniary gain in view by bring¬ ing an action of damages. Oh, no, the honorable cap¬ tain would not be supposed capable of attempting to gain money by the businessl Why, what a miserable excuse is this for adopting the present vexatious course of pioceeding, especially in the face of the declaration of the learned coun¬ sel, thathe desired to have an opportunity of showing my words to be false. AVas there no way of disposing of such money as might have been obtained in damages, if I failed to prove the truth ot'all that I said, without putting it into the honorable captain's pocket? Was there no Infirmary? AVas thereno public charity No, no, this is a lame excuse. The fact is, they dared not bring the action of damages. They had a hundred wavs of disposing of the money, if they had obtained any, without giving occasion to suspect that tile captain sued from sordid pecuniary motives. So that you see, gentlemen, I have good reason to ask you, notwithstanding the sneering" anticipation of the learned counfel,—why did they net bring an action of damages?

I do not huld that a man is justifiable at all times ill speaking all he knows of another, though the old and un¬ repealed law does. There are instances in which malignity might gratify itself by raking up forgotten and peihaps peprnted-of offences. But it ought to be for the jury to



•^^&

15

decide whether the ti nth of the alleged libel fully justifies its publication. It ought to he for them, after hearing ail the cace, to decide whether theie is malignity enough in the eticunistances of the publicnt ou to justify the punishment ef the publisher. However, I need not dwell on this point, nor upon the bearing of Mr. Fox's act, for even as the law of libel was explained by the eouits and befoie it was de¬ clared that the juiy were judges ot the law as uell as of the fact, it would have been impossible to susta n a charge on such a document as this indictment. To bring belore yen such an indictment as I shall show this to be, is not less an msu't to >om consciences than a mockery of your undei- standmgs, ind to ask jou to find me guilty in its tern.s is to- a«k you to violate your oaths. E*en if I were guilty yoa could not in conscience convict me. If, instead ot a censuier of immoiahty, I stood heie as the vilest criminal that evt r appemed in that dock, jour oaths would bind you to acquit me, and upon the blundercis who dtew up this farrago of nonsense and falsehoods, and not on you, would fall the blame if the crim nal escaped.

Gentlemen, the lawyer whodrew up this customary mavs of absurdity, surplusage, and nonsense, chaiges me with cahimniaturn (for this is what the word libel means if, it means any thing) and, in making this charge, poms forth against me a whofe toi rent of calumniation. XJndei pretence ot mjuiy done to anothei, opportunity is taken to injure me by the giossest calumny. I beg jour patience, for a shoit time, while I examine in detail this libel upon n e.

"The iuij upon thcii oaths pi cent"—a pietty effect pio- duced by the use made ot oaths as )ou will see piesently— *' that Archibald Pitntice, late"—why late, and not now, unless it be toi the puiposc of insinuating that I have run away. And then I am calltd *' labomei" Jbisooth as it I weie working with a spade or hatchet; not that I should he ashamed of doing so if I did—only that tins is one of the ab¬ surd misrepresentations to which He gland juiy in question ha\e, without thinking of their iinpoil, lent then names. "Yes! a labourer 1 am in a certain senve, and I glory in so being. A labouiei I am, and a labouici I have long bten in thelield of parliairentaiy uloim, and lor my labour in that held, lather than lor any injury to Captain Gnmshaw, I M-f-pect I owe my appearance bdote you to-day. A laboui- u I am, as jou see and heai, in the vine\ard ot law icfoim, —tn the field of veiacity and jLstice.

But to piocecd. V^ hat lb the liist thing you aic called, upon your oaths, to declare meto be ?—"a peison ot v\i(_kid and malignant disposition." Now what giouud could jou have to cast this detam.ition on me Wnat evidence ot my being so have you ueened None at all. Nope in any shape—eithti tiue oi talsi. The f ict ot my bung so rm **t be laken for gianUd. And win Because lanyusare paid for committing injuiy m this shape, and bicuist iitdgts have been in the habit of aiding and abating them. You cannot,



16

I repeat, declare upon your paths that 1 am a person of such disposition.. But suppose I were,—would my being so con¬ stitute a ground, or any part of a ground, for my.bein».pu¬ nished? None whatever. It it. for acts alone—ac.ts either positive or in some way negative—it is for acts atone that a man can with any propriety be subjected to pun:shment. Then lam charged with "maliciously contrivingand in¬ tending" to bring the said John Grimshaw into public " ridi¬ cule and contempt." Contriving and intending! Where is thep'oo/ of any contrivance and intention to pioduce such effect? And if there were, how could what 1 said pro¬ duce the efleet described The purpoit attributed to what I said is this, namely, that he has been heard to give bavvdv toasts. Well, whatever may be the*effect produced by it in the minds of persons of refinement and delicacy, is there any class of persons in the minds of whom it produces such a sentiment as that of hatred Yet aie yam called upon to declare upon your oaths that there was such intention and contrivance to excite such sen¬ timent.

The indictment goes on to say, that what I published is " a false, scandalous and malicious libel." Gentlemen, can you upon your oaths, declare that to be false, of the falsehood of which you have not one particle of evidence, and the tiuth of which you shall hear me oiler to prove? Will you, on your oaths, declare that I have published a false libel I know that you will not. 1 cannot imagine the possibility of there beingauiongst twelve respectable and intelligent it en, one who would upon his oath declare that to be false, < f the falsehood of which there is not only nos evidence, but not the pretence of evidence, while of its,- truth, evidence is tendered and refused. But the courts forsooth, say that even the tiuth is a libel. Well, suppose it to be £.0, and th at judge-made law is superior to statute law. Are you, because the (ruth is not at all times to be told—are you, because a hireling lawyer, swelling his highly charged sheet with surplusage and nonsense has added gross and ob¬ vious falsehoods ; are you, 1 ask, on either of these accounts, tn violate your oath% by declaring me guilty of a false libel No, no, gentlemen, it may he custoinaiy to put such words into indictments, and it may be customary for lawjers to sty that they mean nothing. But the consciences of honest men are not thus to be sported with. You have swoin to give a true verdict according to the evidence, and you will not, in compliance with the dicta of the courts, give any other ver¬ dict than such as the evidence supports. 1 have thus disposed ofthe principal charges in the first count of this indictment, and I trust convinced you, that even supposing I have-libelled Capt. Grimshaw, which I do not allow—even supposing this, the count i« so charged with what there is no evidence to support, that you cannot find me guilty upon it, without a violation of your oaths. But there is another charge which may be briery noticed. You are not only called upon to



17

eormct me ol a IhIsc and malicious 111 el, uithout the sln- aowol pioot of eithei falsehood 01 imlicc but you ait a*kcd to detlne that, while 1 was u teung wli it I sa d, I had n u s ibout me, and mde use ot bodilytoice, by vlnch, bocii) ni|uiv to some peisonci othei was done I told you, gen¬ tlemen, that tl e indictmu t was an insult to )oui con¬ sciences Doesrot this chaise pio\e it rlso to be a mockei\ of yom undeistindin^s I will not dwell on tins absuiditv tmhci thru to ask you, if you can, upon youi oiths, declue tint I hid such aims, and used foicep And it you should bt told, that these lie woids of couise, I lemindyou that the dictum of a judge cannot convcit wiong into light, md that it is not for any judge to spoit in the wanton in in nci ot this indictiitnt, with one ol tne most sacied of ill ciuue<-

Let us come to count the second, m which I am chained with having published an "othci"lilse libel. Anothei ' VI hy what i falsehood is heie It is the same, except th it tl e emaiKs which mtioducc Crptain Giimsb iw's name aic copied, no doubt much to the piolitot the lawyei who drew up the lndictn ent, and something to my loss, 1 h win„ been cliaiged 60 toi a copy ot evei) ninctv woids tal en out of niyown papei I sell ̂ 0,000 woids foi fad md heie is i lawvci copies out rs ininv as he pltists, md m ikes me pav (d toi the copv ot tveiy nutty ot those woids ' 11ns is i Ji iiusmp which would not be ini| oscd upon i defend mt, if junes weic lesolved to peimit nothing to be biought betoie them but wh it beats dnectly on thec^sc undei consideiation I need not dwell upon tin impossibility ot a. veiditt being biought agrinst me on this count, bee iuse it contains ill the false asseitions of the lust, 1 lit is this count has gi\ci the intioduction to the illtgtd libel, I will jc id to you the se¬ quel, bv which you will heal th it th it which is so giaieh chiiged is h ivmg been wickedly conti ivid, and intended to injuic, is onlv a good liun ouicd b uiteiing of isn ill bind of hot headed tones, who, llumcd loi the srltty ol the boioughinongeis, \enttucd to oppose themselves to th it me i- suic ol reform, which oui „iacioussoveieign h id sanctioned, ind i giateful and loyal pel pit eanustly hoped toi

Mi PnEsncE heie lead the folio vin,, aititle — IIOLr AND COBNCrifc.'YI

The ultia tones whom we bad supposed to be extinct or lib ess have ventuicd to 0et up a petition against lefoim and here s i cop\ of it loi which we aie mdebte 1 to Mi Sowler s lues day s paper * lo the Right Hononi chit and Honom able the Commons if 01 eat

Bt i inn in Pin liamcnt aibembleit 1 be petition t f the undei signed merchants and other inhibit ants ol the towns ol M vnthestei and Sillbrd and tl en vicimU HfWBLY Siilwlth —Tint 1 bill is pending in your henour

lole house intilu ed A Bill to imend the Rq lesentition ol the People of Lnglind ind flaes limn, Iti its object to leducc th numbpi ot its. membeis to i ̂ li inchise many I oiouj.hs <id



18 to deprive eleclors without any pioof 01 even eliaige of mil- practice) of a privilege they haêemoyed That your petitioners convinced tint the inhabitants of Great Britain, under th1 existing form of government, enj v the bless lugs of liberty and protection with a greater share of national prosperity than is to be found in any othei part of the world, dread the effects of so extensive a change m the representation of the people Tint your petitioners, although averse to the great change piopnsed in the pending bill, be~g to express their entire concur rence in the dislianchiscmetit of boinughs the electors of which are proved to have been guilty of bubeiv or corruption, and humbly hope that yortt honouiable house will grant the privi¬ lege of returning members to parliament to large commeitial towns, under such salutary restuetion for preventing bribery, tumult, and expense as to your honourable house may seem expedient Your petitioners therefore humbly pray that your honourable house will pause before it be too late, and refrd'ii from passing the bill in its present foi in "

The JfeiaM, dated Tuesday evenimr says of this petition, " It has already received a number of highly re^peetible signa tures " No one can deny that it has received "a number of signatures, for we learn that the name- attached to it, after a day's exhibition in Mr Sonlers shop, including those which hid been put to it bv the surviving members of the Pitt club who brought it there, amounted to no lewei than SbVENTi'tN ' And that the numerous signers of the petition are "highly lespeUable, no one can doubt when told that Captain Gum shaw is amongst them, b'ushing celestial rosy red We flunk our contemporary might have favouied the town with a list of the "hnrhly respectable signatures ' but since he his not, we will We have no notion of permitting such virtue as theirs to " waste its sweetness on the desert air Amidst the universal defection, here are si vinttfn firm to then principles,

"Amongst the faithless, faithful only they, and thev ought not to lose their meed or praise They have attempted to do good by stealth, and we shall raise their grate fill blush at finding it fame Here then is a catalogue of the seventeen vyorthies, described as well as we can —

Edward Chi'sshyrf, commonly called Ned Chesshyre, honorary secretary to the defunct Pitt club, and solicitor to the commissioners of taxes

Thovias Hardman, noted for his consisteicv in "bsoiutisni Thou \s B irrow, brotha in lii\ to the above Hardmm Robfut Himilty, yeomanry captain on the lbth of August, 1819 MviirL Arofnt B4rdsi.fy, MP), a member of the defunct

Pitt club and formerly a member of the self-ippointed Manchcs Ur committee, self styled "in aid ol the civil pown Johx Grimshaw, commonly called Captain Grimshiw, prin¬ cipally remarkable for giving bawdy loasts, and for a coante nanne which seems to blush at his own lewdness IIinri Barkth As Dr John-on once said, we do not wish 11 sav ill of the gentlemin, but we believe he is an attorney John Lomas OfStrangeways H^ry Oli.iir Surgeon to the New Bailey Pus in, and to the police JohvBfai.e Music seller, in St Mary's gate JonxB WANKiyf. The Viiithy who made war on Whit "ortbsliat and refused to corresp ind with S-cretiry Peel, be- causettn said Secetny giantel Catholic Kmaii ip-dion



19

_.'K.Gkbmon, M. A. On inquiry we have discovered that this Hs the incumbent of St. Peter's.

Jkremiah Smith, D. D. Master of the Free Grammar School.

Peter Hordern, M. A. Librarian of Cheetham College Li¬ brary. Francis Aspinall Philips.

William Beever. Crescent. Thomas Beever. Leaf-square. Well might Mr. Sowler, when glancing at the sheet which with

such a host of great names graced his counter, say, " It has al¬ ready received a number of highly respectable signatures !"-* Well might he, in the pride and exultation of the moment, disre¬ gard the~t\venty thousand names attached to the Reform peti¬ tion, and excla'im, " At length men of reflection, of property, and inflaenee, have ventured to express their sentiments on this vital question !"

As might be supposed, the publicity given in Mr. Sowler's widely circulated Herald to the fact that the petition lay at his shop, has added greatly to the " number of highly respectable signatures." On Wednesday, no fewer than twenty-two gen¬ tlemen added their names to the select list, making the number of signatures in two days, exactly the number of the aiticles of the Church of England—a coincidence sufficiently remarkable, and for the pointing out of which we think we are entitled to the gratitude of the select. Amongst the " men of reflection, pro¬ perty, and influence," who put down their names on Wednes¬ day, were Mr. John Barlow, Mr. James Moon, and some very respectable cotton-dealers' clerks.

On Thursday, the signing was renewed with fresh vigour, notwithstanding the disheartening news that had arrived of ministers having a majority, and by noon six more names had been appended to the petition. Here a stay wasmade—as if to mark another coincidence. The total number now was forty Jive, the number of that North Briton which was so disastrous'to the Bute administration. How curious it would be if the petition of the forty-five Manchester "men of reflection, wealth, and influ¬ ence," should be alike disastrous to Earl Grey's ministry

Thus, gentlemen, you have heard this terrible libel which has been described by so many foul names, and you find that it is only a good-humoured notice of men, who might, with great propriety, have been the subject of much more severe animadversion, and who tendered themselves liable to such animadversion by their own public conduct. It may not have been in the best taste to allude to Captain Grinishaw as I did; but am I to he punished for an error in taste But even here there is not the slightest indication of malice. There is nothing more said than any of you would have said in running over the names on that list. Some of you are lathers—fathers desiring to keep youi sons from contaminat¬ ing example, and holding, of course, in due estimation those lewd men who infest public companies by the expression of their prurient thoughts. Do you think it a crime to bring such persons before the tribunal of public opinion—that most incorruptible of all tribunals—-and without which all other tribunals would liot in injustice. As men who have sonsand daughters, whom voir would bring up in purity, when you saw such a man ns I have described thiusting himself foi ward



20 in public affairs, would you not naturally exclaim, "What! does this man dare to oppose himself to the measures of the king and his ministers This man who is known only for oiTeiing, daily, outrages to public decency ?" Gentlemen, suppose that some such persons as those alluded to by the learned counsel in his unfortunate illustration—suppose the man whom you this afternoon found guilty of keeping a dis- sorderly house, and whom the chairman sentenced to two years imprisonment—suppose that man was to put his name to a petition against the measure approved of by the king and all his people, would not you naturally exclaim " What'. Is this the fellow who was sent to Lancaster for two years for keeping a disorderly house" ?• And would any body say that your exclamation was a false and scandalous libel

Tile second count being like the first, utterly untenable, will of course be thrown over-board—for I confidently be¬ lieve that you will nut sport with the saciedness of an oath, nor subscribe to this fauauo of folly and falsehood. We now come to the third count. And what has it been framed for Why, to put money in the pockets of the lawyers. What does it charge me with Why that I, to the great injury of the character of the said John Griinshavv, and against the peace of our lord the king, his ciown and dignity, did assert that the said John Griinshaw kept company with Mr. Edward Chesshyre, Mr. Thomas Hanlinan, Mr. Thomas Barrow, Mr. Robeit Hindley, and Dr. Bardsley. What, is it a false, scandalous, and malicious libel to say that Cap¬ tain Grinisliaw has put his name to a paper along with Dr. Bardsley and Mr. Hai'dman, men as respectable as any in Manchester, tories though they be Why, gentlemen, Dr. Bardsley and Mr. Haiduian, are the parties injured heie, and not by me, but by the indictment. The indictment- drawing lawyer says it is an injury to Captain Giimshaw to say that he acts along with them I Only think, gentlemen, what nonsense you are asked to swear to, foryou swear to it all, if upon your oaths you declare me guilty on this count. And how curiously it would sound if you were to give a spe¬ cial verdict "Wc find the prisoner -guilty of saying that Captain Grimshaw keeps company with Mr. Hardman and Dr. Bardsley I"

Count the fourth is the same ascount the fiist, put in for no other puipose than to swell up the lawyer's bill. It con¬ tains the same unproved assertions of falsehood and malice, and therefore cannot be entertained by you.

[Mr. Brandt here interrupted Mr. Prentice, and said there certainly was a difference in the wording of this count to that of the others.] Mr. Prentice, in continuation, said it seemed the words " Captain" Grimshaw were left out of that count, and that was all the difference. But as it has been said it was not the same, he would lead it to the juiy. and then they would be able to judge. (Mr. P. then read the count.) It had been said that it was not the same as the former counts, and he would give them all the benefit of



21

the difieience it wis, howevei, quite evident tint it had been put in meiely foi the puipose of swelling the lawyei's bill Italso chaiged him with being a peison ot a wicktd and malicious disposition, but that chaige had not been pioved, and without pioof, it could not be susfained

Count the filth is the same as coun<- the fust uul fumth, but with this veiy remarkable difleience that the woid "false" is omitted. Ti ue 01 lilse, is the libel might piove, heieisatiap laid foi you, gentlemen, tocoi victim The ind ctment-diawing attointy Ins mticipitcd my objection, though tl e learned counsel Ins not He has contemplated tht possibility ol an honest juiy being unwilling to deel ut that to be f Use, which foi am thing he knew to the contia- iv might be is tiue as holy wnt But " Vaulting cumin g doth oc'i-leap ltstlf " J. he veiy leaving out the ell u„e ot tilsehood is an expiess acknowledgement that the (haige it¬ self i« filse p Ileie you have them demanding of you that you shall punish me ioi speaking the tiuth And will you toiget the incientlawol the land, and so confound the dis¬ tinctions between light and wiong, as to expose me to the same punishment foi speaking tilt tiuth as would be aw tid¬ ed to meit I had been guilty ot the most atiocious lalse- hoods No, gentlemen, you aie not called upon to do this violence to youi leelings and youi conscience The ancient law of the land—the only stitute lrw, makes filschoodts- seiitnl to the chaige ot libel, ind the Act ol S2, Geo III, makes you the judge of (he 1 iw as well as the fict, and you have it in y iui powei, and it is yout duty, to discnmii) vte between a tiue and fa se isseitioi). Consider what \oui veidict would be, weie this case beloie you now, as mat ion loi damages Would you not, on the abandonment ot ill thaigeot lilsehool, give i vtidict ioi the defendant The judge would instiuet you to do so, ind you would do so Can you then, it such would have been youi veulict in i case of damages, find me guilty and expose me to a fine, L,ieatei, peihaps, than I should hive pud is damiges, had you, instead ot finding loi the defendant, found ioi the plamtitl In tint othei cast, the tucunistinees being pi t- cisely the smie, you would have dismissed the cramp! unt with costs Can you, judges isyou up, and as the than man will tell you, of tilt 1 iw is wtll isthefatt, tin you take l btttei lule loi youi \cidict now 3 Ihus tvenon the ments ot the case I mi entitled toon itquitt il But I nttd not st mil on its nieiits lilt smie titil tliws lun thiougli this count which lendei ill tht otheis woithlc-s J_,\en upun this count you cmiiot find nit guilty, without dttluing that I mi l peison ot i vie! cd tin! n llicious disposition, th it J had contuved and inttndtd to nijuit, ind th it the 1 iiigu igt 1 used wis stand ilous mil in ilicious. Ihe unpiovtd amo¬ tion ot m lhcc llone deslioys the whole count, loi, aslsud btloit, you tannot svve n to m ilice

Mi Prentice, to the Couit.—1 may heie ask you, Mi

\/



O-l

Chairman, shall I be allowed to prove the truth of what I have stated

The Chairman. —Certainly not. Mi. Prentice.—1 have witnesses in court to prove the

whole of what 1 have asserted ; but am not allowed to call them. But my case is complete without them. A man who is charged with an offence in a court of justice, is not called to disprove the falsehood of the charge. It must be brought home to him by evidence. If there is not proof against him, there is nothing for him to rebut, and the charge falls to the gtound, ns this must'

And now, gentlemen, to conclude. I have read to you the article from which the alleged libel is taken. 1 have shown you how absurd it is to consider such remarks as libel¬ lous. 1 have put it to you, if you will subject me to punish¬ ment for writing, just as any one of you might have com¬ mented, had you read the list of the worthies who were op¬ posing themselves to the wishes of the king and his people. I have shewn to you, that in an action for damages, I should have been entitled to a verdict in my favour, and that the ancient law requires the proof of falsehood. Allow me, again to revert to the ground I took originally that even if instead of good humouredly stating a fact, without one par¬ ticle of malice or ill-will; if, instead of saying of the Cap¬ tain, what perhaps he boasts of, when speaking of it him¬ self, I had charged him with the utmost wickedness that human nature call reach : even, in suca a case, I should have been entitled to a verdict of not guilty, for you could not have subscribed to all that is contained in this indict¬ ment, and, as I said before, if a criminal escaped in conse¬ quence of your sentence of acquittal, the fault would not lie with you, but with the blunderer who crammed his in¬ dictment with statements unsupported by proof.

Gentlemen, I deny that I have written anv libel on Capt. Griiushaw that calls for punishment; but if I had, dare you upon your oaths declare it to he either a false or a malicious libel, without one particle of proof either of falsehood or malice, and not only without proof, but in the face of my offer to prove the contrary 1 speak boldly, gentlemen—. you cannot. As honest men you cannot. As Christians, re¬ verencing the sacred oath you have taken, you dare not. I have not appealed to your passions, gentlemen, but 1 do appeal to your understandings, which are mocked by this indictment,—and I do appeal to your consciences, which are insulted by this indictment, ami I call upon you to regard your verdict not as a matter between the lawyers and you, hut as matter between you and your GOD,—and to give such decision as you shall answer foi ill the great day of judg¬ ment, in that court where it will be in vain to plead custom as an excuse for the violation of an oath.

The Chairman briefly summed up the case. He stated to the jury that the different counts in the indictment of which Mr. Prentice had complained in his addrcis, were strictly



23

in accoidance with law. He explained in a shott but con. else manne', the points oF law applicable to cases of libel. He infoimed tnem that formeily, as had been stated to them by tile defendant, the judges wete the petsonswho deteimined what was and what was not a libel, anu wee bound to declare the law to the best of then judgment. He would read to them th it clause ol the act ot 32 Geo III., which empoweied junes to be judges of both the law and the fact.—[The Chaninan then lead the clause.]—It was his duty to explain to them what was a libel, and when he had read it to them, they would he able to say whethe. wh it the defendant had published was a libel 01 not. [The chan man then lead a definition of libel ] The question lor them to try was whethei the article chaiged in the indict¬ ment was calculated to bring the peisoii alluded to into con¬ tempt and ridicule. He next alluded to the petition signed by Captain Giinishaw, and others, and said that several gentlemen had thought it piopei to sign a petition, and they had a perfect right »o do so,—and whethei they foimed i minonty or a majonty was not of the least consequence. He would lead the context, in oider that they might be put m- possession of what was said of Captain Giiiushaw [He then lead that poition of the alleged libel.]—The law says ll any one personates, 01 wntes foi publication, concerning any individual 01 individuils, that which has a tendency to bring any penon into hatied 01 contempt, such wilting ot personation is a libel,—whethei the wntei intended it should have that efieet or not, still it is a libel, and, being so, the law piesumes that it is false,—and the mleience is also that it is malicious, and the law piesumes that it is both malicious and scandi'ous so to bring anv one into contemi t They (tbejuiy) would deliyei then yeidict on then oaths, and they would also considei what then own feelings ivould have been had they been spoken of in the terms that had been applied to Captain Guiiisliaw. A libel, having a ten¬ dency to excite to abieach of the peace, was said to he against the peace ol tht King, and it was a customaiy thing, theietoie, to say it yvas done with foice and arms —After a few more obseivations, the Uained tlniinian concluded b/ tilling the jury th it, iltei dulv tonsidenng the vtliole case, they would comejto such a ycidictas would satisfy then own consciences

Immediately iftti the than man had concluded his charge, i little altei seven o'clock in the evening, the juiy ltquested permission to letne loi the put pose ol considei nig then ver¬ dict, aud, aftu James Jones, one ot the police ofliceis, had been sworn in charge of them, they weie conducted to the gi md juiy loom, theieto leniain without tuod, fneoi candle, till they agieed upon then itiditt.

At nine o'clock thtie being no tidings of the juiy, the (.HAiRiiiN sent foi tutiii, and asked them if theie was any mobability of then soon coming to an agictmtnt. The loitm in yen emph iticilly said they weie not likely, and



w m

24

they weie then sent again into their room, and the court was adjourned to Mr. Norris' house, where he said he would leceivc the verdict at any hour of the night. Mr. Prentice, with a friend, remained at Mr. Whyatt's, in Bridge-street, expecting, throughout the whole of the night, to be called on to accompany the jury to Mr. Nouis' house; but hour aftei hour rolled on, and still the jury remained in their room. Tile court opened at nine next morning, and still the jury were locked up. An appeal case yvas entered upon and concluded without any tidings from them. At a quarter to eleven, fifteen hours mid a half from the time they had retired,

Mr. Brandt rose, and said that after the long period the juiy had been locked up, he was willing to prevent their suffering any further confinement, and would consent to their being discharged if they were still.unable to agree.

The Chiirjian.—Do you consent to this arrangement, M''. pientice Mr- Prentice.—I do, most willingly. The jury were then called in, and on saying that they still were unable to agree, they yvere told of the arrange¬

ment, and discharged. It is stated by some of the Jurymen that Ten of their

number decided on a verdict of " not guilty" in a few,mi¬ nutes after they retired. The chairman they say yvas for a' verdict of guilty, and that Mr. Wilde joined him, on condi¬ tion that if the verdict were " guilty," it should be accom¬ panied by a declaration that the falsehood had not beea proved. Then ten, however, were inflexible, and the whole jury waited patiently till the court should set them at li¬ berty.

A. Prentice, Printer, Timls Office, MAKKEj.-,iuH'.ii. Manchester.



Date post:	21-Jan-2017
Category:	Documents
Upload:	archibald
View:	215 times
Download:	1 times

Report of the trial of Archibald Prentice for an alleged libel on Captain Grimshaw at the Salford...

Documents