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or on any other, before I arrive at a positive minds of his majesty's subjects a belief that decision on that point, I would look about, they were oppressed, and on this ground I and see what the times were when the public consider it as a gross and seditious libel. This cation took place. I would look at all the is the question put to you to decide. attendant circumstances, and, with that as It is admitted that the defendants are the sistance, I would set about to expound the proprietors of the paper in which this addrese paper. The observations which this cause was published. calls for, form a part of the notorious history of There is one topic more. It is said they the country. How long this paper was penned were not the authors of the address, and that before it appeared in this news-paper, I know it got inadvertently into their paper.' It never not: the 25th of December is the day when was doubted, and I suppose it never will be it was published, and it is dated the 16th of doubted, that the publishers of a newspaper July, 1792.
are answerable for the coutents of it. Those Gentlemen, you will recollect the appear who think most favourably for the defendants ance of public affairs, and the feelings of will go no farther than to say, that the every mind in the country, at the time that parties publishing ought to give an account parliament met, and for some time after, in how they published it, and if there is any December last. I do not know whether I thing baneful in the contents, to show how it colour the picture right, when I say very came to them, and whether it was inserted gloomy sensations had pervaded the whole inadvertently or otherwise. If any thing of country. It is for you to say whether at that that sort had been offered, I certainly should time there were not emissaries from a neigh have received it as evidence. But nothing of bouring country making their way, as well as the kind has been offered, and the defendants they couid, in this country. It is for you to stand as the proprietors and publishers of the say, looking at the great anarchy and confu- paper, without the slightest evidence in allesion of France, whether they did not wish viation being offered in their favour. to agitate the ininds of all orders of men, in It is not for human judgment to dive into all countries, and to plant their tree of liberty the heart of man, to know whether his intenin every kingdom in Europe. It is for you to tions are good or evil. We must draw our say whether their intention was not to eradi- conclusions with regard to his intentions from cate every kind of government that was not overt acts; and if an evil tendency is appasympathetic with their own. I am bound, rent on the face of any particular paper, it can gentlemen, to declare my opinion on this only be traced by human judgment prima paper, and to do so I must take within my facie to a bad intention, unless evidence is consideration all the circumstances of the brought to prove its innocence. This cause is time when it appeared. I have no hesitation destitute of any proof of that kind. in saying then, that they were most gloomy; It is said that this paper contains other ad-the country was torn to its centre by vertisements and paragraphs; and theretore emissaries from France. It was a notorious from the moral good tendency of the whole, fact-every man knows it-I could neither for aught I know to the contrary, you are to open my eyes nor my ears without seeing and extract an opinion that the meaning was not hearing them. Weighing thus all the cir- bad. I cannot say that the travelling into cumstances, that, though dated in July, it advertisements, which have nothing to do was not published till December, when those with this business, is exactly the errand you emissaries were spreading their horrid doc- are to go upon. From this paper itself, and trines; and believing there was a great all the contents of it, you will extract the gloominess in the country,--and I must shut meaning; and if upon the whole you should my eyes and ears if I did not believe that think the tendency of it is good, in my opithere was ;--believing also that there were nion, the parties ought to be acquitted. But emissaries from France, wishing to spread it is not sufficient that there should be in this the maxims prevalent in that country, in this;
detached good murals in part of it, un--believing that the minds of the people of less they gave an explanation of the rest. this country were much agitated by these The charge will be done away, if those parts political topics, of which the mass of the po which the attorney-general bas stated are so pulation never can form a true judgment; explained as to leave nothing excepted. and reading this paper, which appears to be There may be morality and virtue in this calculated to put the people in a state of dis paper : and yet, apparently, latet anguis in content with every thing done in this coun herbá. There may be much that is good in try :- I am bound on my oath to answer, that it, and yet there may be much to censure. 1 I think this paper was published with a have told you my opinion. Gentlemen, the wicked, malicious intent, to vilify the govern: constitution has intrusted it to you, and it is ment, and to make the people discontented your duty to have only one point in view.with the constitution under which they live. Without fear, favour, or affection, without --That is the matter charged in the informa- regard either to the prosecutor or the defention ;-that it was done with a view to vilify dants, look at the question before you, and the constitution, the laws, and the govern- on that decide on the guilt or innocence of the ient of this country, and to infuse into the defendants.
The jury then withdrew : it was two o'еlock Kenyon's house; the special verdict was, in the afternoon. The noble and learned GUILTY OF PUBLISHING, BUT WITH judge understanding that they were divided, MALICIOUS INTENT. and likely to be some time in making up their Lord Kenyon. I cannot record this verdict; minds, retired from the bench, and directed it is no verdict at all. Mr. Lowten to take the verdict. At seven in The jury then withdrew-and, after sitting the evening they gave notice that they had in discussion till within a few minutes of five agreed on a special verdict, which Mr. Low- in the morning, they found a general verdict ten could not receive; they went up in of-Nor GUILTY. coaches, each attended by an officer, to lord
583. Proceedings on the Trial of an Indictment against WILLIAN
Hudson, for Seditious Words. Tried at Justice Hall in the Old Bailey, before Sir John William Rose, Serjeant at Law, Recorder of the City of London, on Monday Dec. the 9th : 34 GEO. MI. A. D. 1793.
not being ready; and it being necessary, in [OCTOBER the first, 1793. Yesterday Mr. this case, to give notice to the solicitor of the Pigott and Dr. Hudson dined at the London treasury of the persons intended to be offered cotiee-house, Ludgate-hill. Shortly after as bail. their dinner they were giving toasts to each 5th. Mr. Pigott and Dr. Hudson were olher in so loud a manner as to be taken no- brought by a llabeas Corpus before the hotice of. Pigott gave aloud,“ The l'rench re-nourable Mr. Justice Gould and Mr. Baron public,” which was immediately resented by Perryn, at Serjeant's-inn, at the request of a gentleman present, who gave “ The king Mr. Martin, their attorney. The warrant of Mr. Leech, the master of the coffee house, commitment being deliberately read by Mr. had previously taken notice of their improper Ilarrison, at the request of the judge, Mr. conduct, and soon after sent for a constable Pigott hoped that Mr. Martin might state to from the Poultry compter, who took them into his lordship the grounds of their objection to custody. They were yesterday examined be the commitment. Mr. Martin was heard for fore Mr. Alderman Anderson, at Guild hall, the prisoners, in a speech which took up near who remanded them, in order to be brought half an hour. His principal aim was directed again before him. Mr. Leech, the master of to the illegality of the commitment; and he the coffee-house, Mr. Newman, of Newgate-trusted, that, as the precise words were not street, and a Mr. Vaughan, of Bristol, were specified in the warrant, the gentlemen would cxamined; and it was proved in evidence, be discharged. The solicitor general made a that they had spoken in a very disaffected short reply; when judge Gould stated at some manner, and had given the following toasts, length the act of parliament which guided _“The system of equality,”—“ May the himn in this business. He did not see that republic of France be triumphant over all there was any illegal step in the commitment, Europe!” The lord mayor was talked of in and quoted several authorities to confirm it. most opprobrious terms for his public con- Baron Perryn stated, that he knew nothing of duct. The king was spoken of in an im- the circumstance till that moment, but enproper and seditious manner; as was also the lirely agreed in opinion with his brotler prince of Hesse-Cassel, whom they called a Gould. Mr. Pigott and Dr. Hudson both adswine-dealer. The ministry were denomi- dressed the judge, who gave them the greatest nated robbers and bigliwaymen. The con- attention. Dr. Hudson also stated, that he stable, who accompanied them in the coach had no reason to complain of alderman Apto the Poultry compter, deposed, that on their derson's conduct; on the contrary, he beway thither they called from the coach-win- lieved he had done no more than his duty, dows to the people, “ The French republic!" Mr. Martin, the attorncy, begged to be heard and “ Liberty while you live !" This morning again. He said he differed from his client in they were again brought before the same ma- his sentiments with regard to the alderman's gistrate, when Dr. Iludson made an able conduct; and was proceeding with some inspeech in defence of himself and his fellow vective, when he was stopped by the juige. prisoner. After the whole of the evidence Mr. Pigott: “ My lord, the Bill of Rights had been heard in support of the charge, the states, that excessive bail shall not be dealderman felt it his duty to commit both the manded.” Judge Gould : “ You are premaprisoners for trial. They were accordingly ture. You do not know what bail I may decommitted to the New co ter, their bail mand. I shall be satisfied with less. Where
are your bail!" Mr. Martin : “My lord, from What was the first thing that attracted your the objections I have made, I did not think of thoughts respecting the prisoner ?-When bringing any; my clients would much sooner they came into the room Mr. Hudson called suffer the greatest severity the law can inflict, for a newspaper, and sat down in a box in the than put in such heavy bail, so contrary to
open coffee-room. Magna Charta.” Mr. White, of the treasury, Were there many people in tlie coffee-room, said he should be contented with bail of 2501. or was it empty? or how?-There were á for each of them. Judge Gould : “ You good many in then, but there were more came must give twenty-four hours notice to the in afterwards; the coffee-room was not so full solicitor of the treasury, that he may inquire then as it was afterwards. Mr. Hudsoti as to the respectability of the bail; but, as began reading the defeat of the Dutch troops you have no bail to put in, I must do my in the paper; the first thing that attracted my duty, and remand you to prison.” Annual notice was, that he wished the duke of York Register.]
and his army were either sent home, or sent
to the devil, he did not care which; there At the Old Bailey, on Nov. 2nd, 1793.
were a good deal of things spoken respecting
several characters afterwards. I believe this The bill of indictment preferred against conversation was between the prisoner and Mr. Pigott for uttering seditious words in the
Mr. Pigott. London coffee-house, was rejected by the How far off were 'you from the prisoner?.grand jury.
I was in the next box, sitting in a chair at the The bail offered by Dr. Hudson, also end of the next box. charged with uttering seditious words, in the In the course of this conversation was the London coffee-house, in company with Mr. king mentioned at all ?-He was. Pigott, was rejected by the Court; and there By whom ?-By Mr. Hudson. fore Dr. Hudson was committed to Newgate, Be so good as to tell us what part of any there to remain until he shall produce suffi thing was mentioned by Mr. Hudson?-He cient sureties.
said, “ The king, what was he?-George Guelph, a German hog-butcher, a dealer in
human flesh by the carcass, and sold his Monday, December 9, 1793.
Hanoverian subjects to his British subjects William Hudson was indicted for ultering for thirty pounds a piece." seditious and inflammatory words:
Will you utter the words just as he uttered Prisoner. The indictment has never been
them ?- I think it was, “ The king, wbat is fully read to me, nor have I been indulged
'he ?-George Guelph, a German hog-butcher,
a dealer in human fesh by the carcass, he with a copy of it; I claim the indulgence of
sells his Hanoverian subjects to his British the Court to have it read.
subjects for thirty pounds a piece, and that [The Indictment read by the clerk of the he was not satisfied with that, that he was Court.]
partner with the prince of Hesse-Cassel.” The indictment having been opened by Mr.
Speak the words in the manner he related
them ?-“ And not content with that, he Raine, the case was stated by Mr. Fielding.
goes partner with the prince of Hesse-Cassel, [The witnesses examined apart.*] and has fifteen pounds a head for each of his John Buchanan, sworn.
In what tone of voice was this said -It I am a manufacturer at Glasgow in Scot was in a sharp tone of voice, and rather felt land.
noisy by the gentlemen twho were sitting along Were you in the London coffee-house on with him; it was louder than the common the evening of the 30th of September last? conversation. Yes.
Do you know, in point of fact, whether it Did you see Mr. Hudson and Mr. Pigott was heard by those persons in the neighbourthere? - I did.
ing boxes ?-It was heard very plain by the About what time did you first obser gentlemen who sat with him, and several them in the coffee-house ? - I suppose, about others. seven o'clock.
After he had made use of these expressions,
what followed then ? --There was some con. With respect to the removing witnesses versation took place between Mr. Pigott and while others give their testimony, see the him; Mr. Hudson took up the paper, and earl of Shaftesbury's case in this Collection, tead of the king's going a hunting, and seemed Vol. VIII, pp. 775, 778, 792; Harrison's case, to retlect much on his majesty's doing so, at Vol. XII, p. 871; Peter Cook's case, Vol. the time that his country was in such a calaXIII, p. 348; Vaughan's case, Vol. XIII, mitous war. p. 494; Matthews's case, Vol. XV, p. 1340; Was there any toast given by any body? Reason and Tranter's case, Vol. XVI, p. 18; In the time of conversation they had drank and Elizabeth Canning's' case, Vol. XIX, two glasses of punch cach; they called for a pp. 323, 330,
threepenny glass, and hurried it.
Were they tumblers or small glasses ? That did not interrupt me. It was done to Large glasses, such as they charge sixpence a that effect. piece for: as soon as they had got them Mr. Was nothing else done ?-I saw Mr. NewHudson drank aloud, “ The French republic ! man interrupt you. or constitution !" I cannot say which exactly, Was this before or after I addressed the and Mr. Pigott said, “ I will join you in that, company? - It was before. with all my heart;" on the doing that, the Now, Sir, pray what was the manner of gentlemen in the room got up on their feet, that interruption?--He told you, you were a except those two men, he and Pigott, and bad man, or you would not have been guilty “ The king! The king!” was called from all of giving that toast. I do not know, whether quarters of the coffee-room, to my knowledge he did not call you a rascal. it was; when that was the case, Mr. Hudson Pray, Sir, did you not hear him call me a got up his glass and in a very loud voice called rascal? If you can recollect one part of the out, “ The French republic; and may it conversation, so much against me, you surely triumph over all the governments in Eu can recollect the other, or else your's rope !
must be a very accommodating memory. In what tone of voice did he call out that? | Did not you hear him call me a rascal:-In a very loud tone of voice, much sharper It was thereabouts. than he had said any thing before.
Was it words to that effect ?-I think Prisoner. You said it was about seven it was. o'clock in the evening when I came into the Were they opprobrious terms ?-There were coffee-room ?-I have said so.
words on both sides. • How long do you think I was in the coffee. I ask you positively whether he did or did room from first to last?–I cannot say. not call me a rascal ?--He did to that pur
How long do you think ?-He kept the pose. room for, I suppose, half an hour after the Would yon have supposed that any other business might have all been over.
man was called a rascal:-I know the words That is not an answer.—How long do you he said to you was calling you a rascal. think I was in the coffee-room?-I suppose Did he do any thing else?-When you you might be two hours; I took no particular called him a rascal he seemed to have an innotice of the clock.
clination of striking you on the head with his Did I address myself to you in any part of cane. that two hours or not?-As an individual you Did you hear Mr. Newman call me a never addressed me.
rascal? What did he call me?-I told you Did I address myself to the company at he called you something to that purpose. large ?-Yes.
Did you see Mr. Newman do any thing You swear that positively ?-I do.
to me than call me opprobrious names? To Pray how was that manner of address cut the matter short, did not you see him put made :-You said, when the gentleman got his fist to my face?-He did put it very near up and drank " the king," you got up and to you. said," what are we all ?
if he had applied to you in that way would How? did I address myself to the whole you have supposed that he meant to strike room ?-You asked them, what were they you?-1 had not given him a provocation to all? That was immediately after you had do it. drunk the toast.
Would not you have supposed he was How long do you think I might have been going to strike you ?–Mr. Newman and you, in the cottee-room before I addressed the both, were in a passion, and you called out to company with that question ?-I do not know, the whole room that he was an aristocrat ard perhaps an hour, or an hour and a half. a rascal.
Do you think it was an hour?—I do not Did not you see him put his fist in my face think it was quite so much.
before I addressed the company?-He seemed What had passed before I asked that quesinclined to strike you over the head. tion?– The drinking of the toast.
Was not all this previous to my having adPray in consequence of what was it that I dressed myself to him or the company?made that address ?-When they drank “the It was in consequence of getting up and king!"
drinking, “ the French republic, and may it Pray, Mr. Buchanan, did you see any body triumph over all the governments of Europe!" attempt to interrupt ine previous to this ad You say, you heard me call the king, a dress? Mind, I ask you positively to speak German hog-butcher and other words, are to that question, because you must know. - you sure that these were all the words that I Yes, I think Mr. Newman did.
uttered? Are you sure that I never uttered Are you positive that Mr. Newman did ? - any words by way of comparison, such as he
was no better?-1 have told every thing is You seem to be extremely positive in some the best of my recollection. other things, why not in this? Did you or Do not you know what passed previous to did you not see some person interrupt me?- my making use of these words :—I remember Yes, they drank" the king !"
a great many scurrilous things said of diffe
I inink so.
rent characters; but they are put off here by, this in your room ?By this time Mr. Hudson the Court, and I am not to mention them. had spoken so very loud, as to cause Mr. New
Pray at what period of the evening was it man to call for a glass of punch, and give that I gave a toast“ to the French republic?”“ the king!" and every body in the room got -At the time that Mr. Newman and you up on their feet, and gave "" the king ! the seemed to have a scuffle, when you got the king !" ten times or more; this roused Mr. third glass of punch, not before that as I can Hudson, he got up on his legs and gave “ the recollect; and you sat by me all the time; I French republic !" he had a glass in his hand; was not far, I was a great deal too near you. Mr. Newman then went rather closer to him,
You were not, I think, before the alder and seemed to show great indignation at the man, when I was first taken up!--I never toast which he had given; Mr. Hudson perwas before any body till I came here.
sisted in it, and gave it again, and said he Were not you applied to, to come before would drink it, and held up his stick in a the alderman-No.
posture to provoke Mr. Newman to strike him. How came you to come here to-day?-Mr. Mr. Newman seemed very warm, but was perWhite subpænaed me here.
suaded by the gentlemen present not to strike Was it not in consequence of a paragraph him; I believe no blows passed on either side. appearing in one of the papers, stating that Do you remember whether he held up his this country had to pay for so many Hano- stick in that menacing posture, before he was verians killed, at thirty pounds a head, that I threatened by Mr. Newman?-I should rather made these remarks - I did not hear you think it was after Mr. Newman had reproved read that.
him for giving such a toast, but certainly beJohn Leech sword.
fore Mr. Newman offered to strike him.
What followed on that?-Several gentleI keep the New London coffee-house; this men called to me, and desired I would turn gentleman, Mr. Hudson, and Mr. Pigott, them out of the room; I told them I had ob. came into the London coffee-house between served their conduct for some time, and I did seven and eight o'clock, the 30th of September not think I was justified in turning them out last; it was on a Monday evening, they had of the room, but I certainly would deliver heen in the house more than half an hour, them into the hands of the police: I sent for and they had had three glasses of punch, and an officer; there was twenty minutes elapsed began to be noisy; they called for several pa- or more before an officer came ; during that pers, in fact I believe all the papers, and as time they behaved very riotously, particularly they called them they read different para- that gentleman offering his stick in the face graphs from them, and commented on the of two or three gentlemen. Mr. Pigott made paragraphs as they went on; there was no an attempt to go out, but I pulled him back ihing which called my attention till they gave again and had all the doors fastened, and some toasts as were thought, by the company when the officer came, I gave them into his present, very improper ones, as equality,” custody. a the French republic;" they both drunk it, Prisoner. Pray Mr. Leech what hour in the I believe that gentleman gave it; he then evening was it I entered your house?-I supdrunk,“ an overthrow to the present system pose it might be about seven o'clock. of government throughout Europe !" "I am How long might I remain in your house? not sure whether Mr. Pigott drank that, that -Till near nine. gentleman gave it.
You think it did not exceed nine before I Do you recollect any other toasts that were went out? I think it was about nine. given by the defendant?-There were several How came I to go out of your house ?-I others, but I cannot take upon myself to re-ordered you out; I gave you in charge of the collect any others; these were both given by officer. Mr. Hudson.
What authority had you for that!--If you Had he a glass in his hand? Was he stand- had not said any thing I should not have ing or sitting?-He was sitting at ihat time; ordered you out by an otticer. be gave it in a friendly manner, but very What period might I have been in your loud; in short he called the attention of all house, when I drank the French republic ?" in the room, and the gentlemen pressed me - It was near eight. to turn him out; I told them I would thank How many glasses of punch did I drink in them if they would make it a business of your house? --Thrce. their own, as I did not wish to interfere in it; Was it the first, second, or third?-The third. several gentlemen reproved me for it, and Did I address myself ever to you ?-Yes; told me I ought not to suffer such behaviour you called me a fool. in the coffee-room.
Did any body attempt to interrupt me beWas that heard by Mr. Hudson ?-It was fore I addressed myself to the company? not, these toasts I have mentioned must be Yes; you were clearly interrupted before you hcard by the gentlemen; by this time Mr. addressed the company, because every body Newman came in, he walked up the room was so hurt. and he heard the toasts, and he said," Mr. Did you not hear Mr. Newman call me a Leech, why do you suffer such behaviour as rascal? I did not. VOL. XXII.
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