⚫ of Mr. Barthelemy and others as spies-the! Cagliostro. The thousands of good citizens printer at the time not knowing that Mr. whose acclamations shook the Bastile upon Barthelemy was chargé d'affaires, his the declaration of his innocence, might very lordship has promised to pay all the ex- possibly give rise to his exile, by increasing <penses and costs of defending Mr. Woodfall, the jealousy and fear of an arbitrary governor any other printer, against whatever pro- ment. But why detain the fortune of a secutions may follow from the insertion of stranger; after his innocence is declared? articles in favour of his friend the comte de This is a very base proceeding indeed, Mr. De 'Cagliostro.' Breteuil, and brings contempt and reproach upon all concerned in it.” Paragraph read from The Public Advertiser. Paragraph read from The Public Advertiser. "Mr. Barthelemy, who conducts the affairs of France in the absence of comte Dazimer, "Comte de Cagliostro has declared he will having sent Mr. Daragon with a message to hold no intercourse with any of le sieur Brecomte de Cagliostro, in Sloane-street, inti- | teuil's messengers from France, except in the mating that he had received orders from the presence of lord George Gordon. The gang court of Versailles to communicate to comte of French spies in London, who are linked de Cagliostro that he had now permission to with monsieur De Morand, and the sieurs return to France, yesterday morning the Barthelemy, Dazimer, Cambise, and the comte, accompanied by lord George Gordon queen's Bastile party at Paris, are trying the and Mr. Bergeret de Frouville, waited upon most insidious arts to entrap the comte and Mr. Barthelemy at the hotel of France, in comtesse, have the effrontery and audaciousPiccadilly, for an eclaircissement upon theness to persecute them publicly, and vility subject of this message from the court of France, delivered by Mr. Barthelemy, relative to the permission granted to the comte de Cagliostro to return to Paris. Mr. Barthelemy, the comte de Cambise, and Mr. | Daragon, seemed much surprised to see comte de Cagliostro arrive in lord George Gordon's coach, with his lordship and Mr. Frouville; ¦ and having expressed their desire that the comte de Cagliostro alone should speak with Mr. Barthelemy, they were informed that lord George Gordon and Mr. Bergeret de Frouville were there on purpose to attend their friend, and that the comte de Cagliostro would not dispense with lord George Gordon's absence from the conference. Will any friend to liberty blame comte de Cagliostro, after ten months imprisonment in a dungeon, for having his friends near him, when insidious proposals are made to him by the faction of Breteuil, and the supporters of the Bastile? men who have already been his destruction, and, after his innocence was declared by the parliament of Paris, embezzled a great part of his fortune, and exiled him from France. Mr. Barthelemy, seeing the determination of the comte's friends, then read the letter from I ask Mr. Woodfall, as a man of learning, Mr. Breteuil; but, upon the comte de Cag-Whether, when he published that in his newsliostro desiring a copy, Mr. Barthelemy re- paper, he thought it a libel? their characters even in this free country, where these noble strangers are come to seek protection in the arms of a generous people. The friendship and benevolence of comte de Cagliostro in advising the poor prince Louis de Rohan to be upon his guard against the comtesse de Valois, and the intrigues of the queen's faction (who still seek the destruction of that noble prince), has brought upon the comte and his ariable comtesse the hateful revenge and perfidious cruelties of a tyrannical government. The story of the diamonds has never been properly explained to the public in France. It would discover too much of the base arts practised to destroy prince Louis, and involve in guilt persons not safe to name in an arbi trary kingdom." Mr. Henry Sampson Woodfull.-Cross-exa mined by Lord George Gordon. You have known me for some years I ask you, whether there was any misunderstanding between us relating to any affairs inserted in your paper, Whether I did not always act in this fair manner?-Always. fused it. A great deal of conversation then Court. That is not a proper question. Mr. Solicitor General. ensued upon the subject, which in all proba-William Fraser, esq. sworn.-Examined by bility will give rise to a full representation to the king of France, who is certainly very much imposed on. The queen's party is still You are one of his majesty's under-secreta violent against comte de Cagliostro, theries of state?—I am. friend of mankind: and De Breteuil-le What character did the comte d'Adhemar sieur De Launey-Titon-De Brunieres- sustain in this country previous to August Maitre Chesnon-Barthelemy-and Dazimer, last?—Ambassador from the court of France. are the mere instruments of that faction. Was he regularly credented to lord CarThe honour of the king of France, the justice marthen's othce?-He was. and judgment of the parliament of Paris, the good faith of the citizens, and the good name of the nation, are all attainted by the pillage and detention of the property of comte de Who became chargé des affaires of the court of France when he went to France?— Monsieur Barthelemy. He was regularly introduced to the secretary of state by the comte d'Adhemar as chargé des affaires upon taking leave. Is that the usual form in which chargé des affaires are announced, upon ambassadors taking leave?—It is. And as such he was received?-He was. Did monsieur Barthelemy correspond with the French court, and do business at your office?-He did business at our office: I suppose therefore he corresponded with the French court. William Fraser, esq.-Cross-examined by Lord George Gordon. Whether you know the comte d'Adhemar's character in France?-That he is comte d'Adhemar in France; that is all I know of him; and that he is so in his credentials. Do you know any thing about his family? --No. You say he is comte d'Adhemar :--both in writing and printing it is put Dazimer.-Did you receive a letter from me to deliver to the king? I know nothing of it. Did not one of the king's messengers at the arquis of Carmarthen's office bring you a letter? I do not recollect. Did you hear of it?—No. Did you know that a note from the French ambassador to me through your office reached the king?—Not through my hands. Was not there a letter?-I do not recollect. The end of the evidence for the Crown. Lord George Gordon.-Count de Cagliostro requested me to go with him, knowing these proposals to be insidious, because we had news from the friends of liberty in France that he was exiled by order of the king though the order of the king was done by the queen's party. His exile was that-and a copy of this exile is sent to all the foreign ports: they look if they have an order of exile against such a person, and then they do not admit him. They wanted to get him back into that country, for the purpose of imprisonment, because he was determined to stir up the disaffection of the French people to the French government, and to destroy the Bastile. he and his wife desired me to be his friend in this country, and to protect them as much as lay in my power from attacks in this country, particularly from a French paper the Courier de l'Europe, printed by De Morand, under the daily inspection of the French minister. I took him in my coach. We had with us Mr. Frouville, an officer in the French service. He went with me. He desired me to state the case plainly to the English nation, to clear up the insidious attack that followed him, and damaged him in the prosecution he commenced for the recovery of his goods, his diamonds, jewels, and plate, and every thing that was seized and never returned to him; and that prosecution was going on in France at the time; and he thought he should be much prejudiced by the writings in this country under the direction of the French ambassador. I did not put Dazimer meaning to avoid any imputation against count D'Adhemar; I certainly did mean the person who is here under the name of count D'Adhemar, when 1 said Dazimer. The French party desired he might be always called Dazimer. The Dazimer family is not like the D'Adhemar family; but he is a clever man, like our Jenkinson, a good education, a clever penetrating man, and a man of address, which always noble families have not. This person, whose name is Dazimer, got married to one of the first families in France; his name was changed then to D'Adhemar, which is one of the first families in France; but this has not hurt the old nobility of France. SUMMING UP. Mr. Just. Buller. Gentlemen of the jury; this is an information against the defendant for publishing two libels.-You have heard them read in evidence. There are counts in the information for both of them; first upon the written one, and then upon the printed one; in which there is a mistake in the name-it is written Cambise, and it is printed Cambire; but in both respects the information agrees with the evidence-for it has stated the written libel as it is, and the printed libel as it is. With respect to this libel coming from the defendant: Henry Sampson Woodfall says he printed the papers by the direction of the defendant, and the papers which he produces, are the originals he received from the defendant; and besides that he produced a note, which was written by the defendant, in which the defendant engaged to pay all the costs he might be put to in defending himself against any prosecution. They were curious to find out the parties they were acting with, and his friends were as curious to find out the proceedings of the queen's party against him, under the name of the king always; and they sent him word that his letter to return was only a private letter from monsieur De Breteuil the minister, to be read to him, but not to be given to him; so that if he came into France, he could show no counter order to the order of exile: and they cautioned him by no means to be en- With respect to the other parts of the intrapped insidiously to get into France again, formation, the averments are very few in but to wait till the order was counter-number.-The first is, that there was a peace ordered by the king, the same authority that gave it. Upon this he communicated it to me, and subsisting between England and France.-That is a matter of public notoriety, and therefore no evidence was necessary of that, was It next states, that count D'Adhemar was,' and Liberties, and prevent their Banishment ambassador from France. The information, to Botany-bay,"—the other, a publication by in stating the libel, has the word Dazimer in- way of paragraph in The Public Advertiser. stead of D'Adhemar; and that the informa- The first, (which as to its address to yourtion avers means count D'Adhemar, who was self is merely fictitious, and of your own the ambassador here. That indeed is admit- fabrication) is manifestly calculated to stir up ted by the defendant now--for he says he and excite tumults, discontents and seditions, the person whom he alluded to; and the amongst the prisoners confined under senlanguage of the paper imports it, because it tence of death or transportation in the several speaks of Mr. Barthelemy as the person con- gaols of this kingdom; and to propagate in ducting the affairs of France in the absence of the minds of his majesty's subjects an hatred, Dazimer. contempt, and abhorrence of the criminal laws Then the only thing remaining is, that Mr. ! of this country (of all others the most famed Barthelemy was the chargé des affaires.- for their lenity); and to traduce those who That fact is proved by Mr. Fraser, who says he are intrusted with the administration of was introduced as such by count D'Adhemar,' them. and afterwards did business in their office as The other of these libels is calculated most such. daringly to asperse the character of her most There is no other inuendo in the informa- ! christian majesty the queen of France, by tion, but respecting the names.--If you are imputing to her great tyranny and oppressatisfied of the guilt of the defendant, you sion; and to vilify the character of monsieur will find him guilty ;-if not, you will acquit De Barthelemy (the chargé des affaires of the him. court of France) as being the tool employed The Jury immediately pronounced the de- in carrying on such supposed arbitrary and fendant Guilty. oppressive measures. The several informations upon which your Note. The three informations were tried convictions are founded, have already been by a special jury of merchants of the city of publicly read, in which the libels are stated at London. large; and it would be doing too much On the 27th of June, 1787, Thomas Wil-honour to the publications, were I to recapikins received the judgment of the court of tulate all the fanatical jargon contained in the King's-bench to be imprisoned in the gaol of one or the low, scurrilous, and indecent abuse Newgate for two years.* contained in the other. On the 28th of January, 1788t, lord In regard to the first of these (styled The George Gordon was brought into the Court of : Prisoners Petition') it were to be wished that King's-bench in custody of the gaoler of his you would make a better use of your majesty's gaol of Newgate, by virtue of a rule reading in the Bible, than merely to apply and make use of the Scripture style and of court. Mr. Just ce Buller made a report of the phrase to the wicked purpose of promoting evidence given on the trial--when Mr. At- mutiny and sedition, and undermining the laws of this kingdom. torney-general on the part of the Crown, and Mr. Wood and Mr. Dallas (of counsel for If you had read the Scriptures to any good the defendant) respectively addressed the purpose, and with any serious intentions of Court. learning your duty, you would have found that one of the great ends of religion is to Mr.Justice Ashhurst.-George Gordon, com- promote peace and harmony in the world, monly called lord George Gordon; you have and to teach men submission to governbeen tried and found guilty upon very clear ment, and an obedience to the laws; -and it evidence of the publication of two very scan- would be of great advantage to yourself, as dalous and seditious libels; the one intituled, well as to the public, if you would learn to * The Prisoners Petition to the Right Hon. regulate your own practice in conformity to Lord George Gordon, to preserve their Lives its precepts. One is sorry that you, who are descended On July 11, 1788, Wilkins received his from an illustrious line of ancestry, should majesty's free pardon. See the Annual Re- sully the lustre of that family by deviating gister for that year, Chronicle, p. 208. from those paths of honourable conduct to † It appears that to avoid sentence, lord which they were at first indebted for those George Gordon had, subsequently to his trial, marks of royal favour and distinction conretired to Holland ; but having been ordered ferred upon them by their sovereigns;-and by the burgomasters of Amsterdam to quit that instead thereof you should prefer the that country, he returned to England, where mean and false ambition of being popular uc lived in concealment until Dec. 7, 1787, amongst a low and unprincipled rabblewhen he was apprehended at a jew's house in (amongst thieves and pickpockets) and standBiuvingham, for a contempt of the court of ing forth as the champion of mischief, King's-bench. Being afterwards brought be- anarchy, and confusion. fore Mr.Justice Buller, he was under a warrant As to that part of the lihel which relates from him lodged in the King's-bench prison. to the judges, they would (as far as respects themselves personally) have been contented to pass it over with that contempt which it deserves; but it highly concerns the good of the community, that the dignity of the station should be vindicated against the attempts of wicked and evil-minded people, who, by endeavouring to depreciate the characters of those who are intrusted with the administration of the laws, hope by degrees to bring the law itself into contempt and abhorrence; and to sap and undermine the foundation of all order and government. In regard to the second of those libels contained in The Public Advertiser, it appears to be written with the same spirit of malevolence and wicked intention.-Every good subject must certainly be happy to see peace and tranquillity again restored to this kingdom, after having been engaged for a long time in a scene of war with the kingdom of France and other powers. It has been the business of parliament to endeavour to cement a friendly correspondence between the two nations, by establishing a treaty of commerce calculated for the mutual benefit of each country, and by that means to obliterate the traces of former enmity. This prospect of tranquillity (so pleasing to the mind of every good subject) you could not behold with satisfaction, and therefore, as far as in you lay, you endeavoured to rekindle an animosity between the two nations, by a personal abuse of the sovereign of one of them; for it certainly is a high degree of abuse to suppose the queen to be at the head of a party who are unjustly persecuting and trying to intrap the comte de Cagliostro, who is supposed to have been guilty of crimes which made him obnoxious to the laws of his own country;-and it is likewise an abuse upon the minister of that country, who represents the sovereign of that state from which he is sent, and therefore every insult upon him is a degree of insult upon the state which he represents. It was highly necessary that the governing powers of this country should take upon themselves the prosecution of so daring an offender. Other nations (who do not know how much that greatest of all blessingsLiberty, and particularly the Liberty of the Press-may be perverted in the hands of wicked men), can hardly be induced to believe that such daring and atrocious publications as yours could ever go forth into the world without the connivance (at least) of that state in which they are published:-and well might they harbour such suspicions if the author of such publications were not brought forth to exemplary punishment as far as the laws of the country would admit. * As to this, see Mr. Starkie's Treatise on the Law of Slander and Libel, p. 540, ed. of 1813, and in this Collection the case of Peltier, A. D. 1803, post. It is beyond the power of the law to rectify men's minds and to infuse into them that noble fire which burns in the breasts of good men and prompts them to doing of praise-worthy actions and promoting the happiness of their country, and the good of their fellow creatures; but it is in the power of the law to take from evil-minded men the ability of doing mischief and to restrain them of that liberty which they so grossly abuse; and we should ill-discharge the trust reposed in us, if, by the punishment we inflict, we did not endeavour to secure the peace of the country, by taking from you the power, at least for a time, of disturbing its tranquillity. And though the advocates for the crown have admitted, that your behaviour, since you have been under confinement, has been peaceable and decent which may operate somewhat in your favour, yet still your crimes are of such a nature as certainly merit an exemplary degree of punishment; and whatever our feelings may be for your situation, we should be criminal if we were too much to give way to those feelings. Your offences being in their nature several, as they are for two different publications, and which are made the subject of two several informations, the forms of law require two several and distinct judgments.* Therefore, you being now brought here into Court, in custody of the gaoler of his majesty's gaol of Newgate, by virtue of a rule of this Court, and being convicted of certain trespasses, contempts, and misdemeanors, in writing, composing, printing, and publishing, and causing, and procuring to be written, composed, printed, and published, a certain false, wicked, malicious, scandalous, and seditious libel, intituled, The Prisoners Petition to Lord George Gordon; and which said libel is also further intituled, "The 'Prisoners Petition to the Right Honourable Lord George Gordon, to preserve their, Lives and Liberties, and prevent their 'Banishment to Botany-bay, and other scandalous and seditious libels in the information in that behalf specified, whereof you are impeached: This Court doth order and adjudge, that for your offences aforesaid, you be imprisoned in his majesty's gaol of Newgate for the term of three years, now next ensuing; and that you be now remanded to his majesty's said gaol of Newgate, to be there kept in safe custody, in execution of the judgment aforesaid. And you being now brought here into Court in custody of the keeper of his majesty's gaol of Newgate, by virtue of a rule of this Court, and being convicted of certain trespasses, contempts and misdemeanors, in publishing, 1 and causing and procuring to be published, the curt of King's-bench for the purpose in a certain public newspaper, called The of being admitted to bail; he was accom, Pubdic Advertiser, a most wicked, false, panied by the keeper, two men as his bail, scandalous, malicious, and defamatory libel, and several Jews.' He had a large slouched of and concerning her most Christian majesty, hat on his head, and an enormous beard. and of and concerning monsieur Barthelemy, He was ordered to take off his hat, which the chargé des affaires of the court of France, he refused. The Court directed the crier and other scandalous libels in the informa- to take it oft, which he did accordingly. tion in that behalf specified; and having also Lord George desired the Court to take notice, been convicted of certain other trespasses, that his hat had been taken off by violence. contempts, and misdemeanors, by writing, He then deliberately took out of his pocket composing, printing, and publishing, and a white cap, which he put upon his head causing and procuring to be written, com- and tied a handkerchiet over it; after which, posed, printed, and published, a scandalous he produced a paper, intituled, "The petition and malicious libel, (intituled, ' The Pri- of Israel Abraham Ceorge Gordon, com soners Petition to the Right Honourable monly called Lord George Gordon. He Lord George Gordon, to preserve their said, the petition was an apology for appearing • Lives and Liberties, and to prevent their with his head covered agreeably to the Banishment to Botany-bay') for which you custom of the Jews. By a conformity to this have this day been sentenced and ordered by custom, he meant no disrespect to the Court, this Court to be imprisoned in his majesty's as it arose purely from the tenderness of his gaol of Newgate for three years, conscience, since he had entered into the This Court doth now order and adjudge,“ holy covenant of circumcision.' The petition that for your trespasses, contempts, and mis- was read by the officer of the Court, and condemeanors, first above-mentioned, in publish- tained many arguments drawn from the ing, and causing to be published the said Jewish writers in favour of appearing with libels in that behalf mentioned, you do pay | his head covered before all men. The sena fine to our sovereign lord the king of 500l., tence against him for the libels was, at his of lawful money of Great Britain; and that request, read, after which he read a written you be further imprisoned in his majesty's paper; the substance of which was, that he said gaol of Newgate for the space of two had been imprisoned for five years among years, to be computed from and after the murderers, thieves, &c. and that all the condetermination of your aforesaid imprisonment solation he had, arose from his trust in God; for writing, composing, printing, and publish that he was compelled to find security for ing the said other libel, intituled, “ The Pri- his good behaviour for 14 years, himself in • soners Petition to the Right Ilonourable 5,0001. and two sureties in 2,5001. each. He Lord George Gordon,' and other scandalous said, that lord Kenyon, who had been his and seditious libels in the information in counsel when he was tried for high treason, that behalf specified. well knew the amount of his incoine, he had And this Court doth further order, that you only an annuity of 500l. a year, which was shall give security for your good behaviour not assignable, but granted merely for his for the space of fourteen years, to be com- aliment. He was obliged to his brother, the puted from and after the expiration of the duke of Gordon, for the loan of 500 with said two years, for which you are now, sen- which he was then ready to pay the fine tenced to be imprisoned. amounting to that sum. In order to obtain Such security to be, yourself in 10,0001. his enlargement, he had brought two persons and two sufficient sureties in 2,5001, each. into Court who were ready to become his And lastly it is ordered, that you be now bail; but the attorney-general objecting to security for his good behaviour, lord George death, which happened on the 1st of Novem- |
