at it. a There is a word left out in the recital part, which he directed to Mr. Akerman; the in the record, but I don't mean to pin my de other is a note mentioning the names of the fence upon any thing of that kind. persons who were to disperse the pamphlets. Court. If there is any thing you think Mr. Akerman says, that previous to the material, point it out to me, and I will look publication of the paper, there was a general understanding, that the prisoners were to be Lord George Gordon. Having no hope sent to Botany-bay. without God in the world'-it should be, They then produced records of several Having no hope and without God in the convictions, some sentenced to death, others • world--it is a thing I don't pin much to transportation, both in London, Middlesex, upon; it is right in the printed pamphlet. and Surrey Court. I have examined it, it is a mistake Mr. Akerman says, the defendant bad no in the copy—it is right in the record. connection with these prisoners as he knows of. SUMMING UP. Hall, who is the keeper of the New Gaol, Mr. Justice Buller. Gentlemen of the says, William Yardley and John Christmas Jury ;- This is an information which has were in his custody. He says he does not been filed against the defendant for a libel know the defendant; the defendant never - the libel has been read to you, there are sent any of these petitions to him, or his two questions upon the record for your de- prisoners as he knows of. termination. The defendant has said, that there is no First, Whether the defendant either wrote evidence of his having actually written this and composed, or printed and published this pamphlet; at the same time he tells you he libel? and did write it, for he committed his thoughts Secondly, Whether the averments that upon paper. are made on the part of the Crown in this If you see any reason to distinguish be. record, are proved to your satisfaction or tween writing and composing, and the printnot ?* ing and publishing, you will say so; for there With respect to the first question, it has are different counts, some for writing and been proved by John Pitt, that he received composing, and others for printing and pubthree of the pamphlets about the month of lishing: You find a large parcel of the December, but he cannot tell the exact day, pamphlets were all together in his custody, from lord George Gordon's servant; that my and in his room. lord George Gordon frequently came into the When you have disposed of that fact, the lodge at Newgate; that he was there six times only one that remains is, whether the averat least before the pamphlets were brought. ments in this information are proved or not. He asked the witness, whether he did not Now the information sets out with stating, think it hard that so many persons should that it was generally understood, that the suffer; and that no man ought to suffer, who king was about to cause to be transported had not spilt blood. He says the defendant several felons and other offenders liable to be sent three pamphlets; one directed to him, transported to Botany-bay.-To prove that one to his brother the turnkey, and one to they call Mr. Akerman who tells you the fact Mr. Villette, the ordinary. was so understood. Then he produces that which was directed The second averment in the information is, to him; and he says the direction is in lord | that divers persons were confined in divers George Gordon's hand-writing. He says the gaols under sentence of death and transportadefendant often wanted to go in to the con- tion. To prove that fact, they produce sevedemned people, but the witness refused it. ral copies of convictions; and they call Mr. On the 26th of January, he went to the Akerman and Mr. Hall, who tell you, that If therefore the offence is proved to your There are two or three inyendos hardly worthy of observation, viz. whether us and appears in the shape of a petition addressed our, mentioned in the petition purporting to from the prisoners themselves, and is sold at be sent by the prisoners, means the prisoners; a public shop. The very fact refutes the deAnd whether, where it speaks of the bloody fence which isight have been, and which was hue of the felony laws, and the frequent exe- just now insisted upon by the noble lord. cutions in this reign under a nominal admi- In short, gentlemen, the question you have nistration of justice, it is meant to insinuate to try is—Whether the present unfortunate that justice had not been truly administered defendant has or has not in this case been during the king's reign. made the instrument of publishing a libel of The jury immediately pronounced the de- not the casual seller though he would then a most gross and malignant tendency? He is fendant Guilty. certainly in point of law, and necessarily in point of justice, be subjected to the same consequences as the original publisher), but he is the person who was employed by the noble THE lord whose trial has just passed, to print this, and to sell it to all his majesty's subjects who TRIAL thought it worth while to give sixpence for it. -I hope he had not much custom. The noble lord, the author of it, has been convicted. This poor man (for I dare say he THOMAS WILKINS is so) has been made his instrument in the publication of it. It is absolutely necessary FOR PRINTING AND PUBLISHING THE that the printers or publishers of libels should FOREGOING LIBEL. be brought to punishnient, or else these publications can never be put a stop to; for there may always be found men wicked enough to The Information was opened by Mr. Law. write, and rash enough to run the risk which they do by such publications as these, Mr. Attorney General. May it please your if they can find instruments to vend them. lordship, and you gentlemen of the jury: And if there are men so misled by them as to I do not know, gentlemen, whether you be their instruments, it is my duty in the were present at the last trial; if you were, it situation I am in, to make an example of such might save some time in stating the nature of persons; because it is the only means to prethe libel, for the publication of which the pre- | vent rash men from disseminating sedition sent information is filed. As possibly you among the people. may have been absent, I must state over This pamphlet asserts that justice has not again shortly what I stated then; namely, been administered during his majesty's reign; that this is an information against the de- that every infliction of capital punishment, fendant for publishing a pamphlet charged | nay even of banishment, is toially illegal, to be a libel upon the administration of justice and contrary to the laws of God. I know of in this kingdom. It purports to be a petition no laws that forbid it; but I know that in the from the prisoners to lord George Gordon, Mosaic law capital punishments were inflicted though in fact it was written by bimself. It for other crimes than murder : however, that alleges, apparently from the mouths of the consideration has nothing to do in this cause. prisoners who were unfortunately then la- If there are men who think the laws of this Louring under sentences of death and trans-country are intolerable, for God's sake let portation, that their respective sentences were them remove to another; but so long as they unjust and iniquitous; and it calls upon his are here, they must be subject to the laws; lordship to protect them from the execution and those who have the administration of the of the sentences of the law, to which their laws must be protected from the insults which crimes had subjected them. are daily offered them : and in this pamphlet, So great a noise prevailed when my learned more notoriously than in any that I can refriend who opened the cause was stating the member, the laws are arraigned, and the information, that perhaps you might not be criminals under sentence of death are called able to hear it accurately. The pamphlet is upon (for, as I said before, it is no petition of called, “ The Prisoners Petition to the Right the prisoners) to complain of the justice of Honourable Lord George Gordon to preserve their sentences, which every honest , wise, their Rights and Liberties, and prevent their and just, as well as truly pious, man would * Banishment to Botany-bay. London: printed advise them to submit to with resignation as . by Thomas Wilkins, No. 2o, Aldermanbury;' the only expiation they can make to the who is the present unfortunate defendant. offended laws of their country. I think it is pretty plain with wliat view It is unnecessary for me, addressing myself this was published. To talk of its being a to gentlemen of your character in a commerdiscussion of the propriety of the laws of Eng- cial country, to take up your time in showing land, addressed to those who only have the the absurdity of such a law as is contended right to alter them, is contrary to the fact : it for in this pamphlet; it is perfectly ridicuVOL. XXII. P were. lous, and no government could exist in this country if that were the law. Mr. Hall sworn.--Examined by Mr. Law. I shall prove to you that it was in contem- You are the keeper of the New Gaol ?-I plation to transport to Botany-bay persons am. Tiable to transportation, and that at that time Were John Christmas and William Yardthis pamphlet was printed and published by ley in your custody in January last?—They the defendant, who has put his name to it. Were they under any sentence? –Yes, senEVIDENCE FOR THE CROwx. tence of transportation : they were tried the March before. John Bolts sworn.-Examined by Mr. Solicitor Court (to the defendant). Have you any General. counsel? Defendant. I have no counsel. Do you know the defendant Thomas Wil Court. Will you say any thing for yourkins ? -Yes. self? Do you know his house ?-Yes. Defendant. Yes. Have you been there?-I have. What business does he carry on?--A Thomas Wilkins. Gentlemen of the jury; printer. -In December last, my lord George Gordon Where does he live?--At the next house to sent a copy of these pamphlets to my house the George Inn, Aldermanbury. to be printed. I never read it myself before Were you there upon the 8th of January it was absolutely printed; for we had it in delast?- I was. tached pieces, and as I had printed things for Did you buy any pamphlet there!--I did. my lord before, when I saw his lordship reWas that the one you purchased (showing specting this business, I asked him if it was the witness a pamphlet)? - It was. of any evil tendency. He said, none at all; [The pamphlet read.] and told me not to be frightened, for that he would indemnify me, whatever evil should Mr. Joseph Roberts produced office-copies accrue from it . "I was rather fearful when I of the records of the conviction of several read the proof respecting the prisoners petipersons who were confined in Newgate and in tion. I did not know, nor I do not know now ihe New Gaol. to the contrary, but that it came directly from the prisoners. As to publishing it, I never They were read by the Associate, and were, published it myself at all; and I understood from my servants, that only two went out of An office-copy of the record of the convic- the house except what were sent to my lord. tion of James Watts and Francis Hardy, for a Had I had the least idea that it was of an evil highway robbery in the county of Middlesex, tendency, that I could come to any harm rewho both received sentence of death. specting the business, it is not reasonable that An office-copy of the record of the convic- I should risk mny liberty as well as my tion of Hugh Macdonald, for shop-lifting in property, in receiving a sum of perhaps four, the county of Middlesex, who received sen- | five, or six pounds, which is about the extence of death. An office-copy of the record of the convic- been in the public prints already respecting pense of print and paper; therefore what has tion of Charles King and Thomas Thompson, the business has been of great evil to me. for a burglary in the city of London, who re- My creditors supposed that I should be cast ceived sentence of death. in this business, and perhaps inflicted with a An office-copy of the record of the convic- large fine, and perhaps imprisonment. Vation of John Christmas, for felony in the rious of them have come and demanded their county of Surrey, who received sentence of dues before the regular time of credit, which transportation for seven years. has greatly hurt me. And as I only printed An office-copy of the record of the convic- this pamphlet as a printer, without having tion of William Yardley, for felony in the any concern at all with sending it about or county of Surrey, who received sentence of being connected with my lord, whether it was transportation for seven years. from a good or an evil intent I cannot say; John Pitt sworn.--Examined by Mr. Balduin. his bread by, is to be punished for printing, and if a man in his business which he gets You are the turnkey at Newgate ?-Yes. what is to become of our families? Parochial Did you know James Watts, Francis and government taxes are so great, that if Hardy, Ilugh Macdonald, Charles King, and we were to say, we won't print this, and won't Thomas Thompson ?-Yes, all of them. print the other, we might starve. Were they in Newgate in January last ?- I see no evil tendency at all in it myself. They were they are there now: they are I do not pretend to know law, or any thing under respites. of the matter; but I did it for my lord, and Where did you understand the transports he promised to indemnify me, whatever evil were to be sent to at that time!-To Botany- might accrue from it; and that is all I can bay. say in my defence. : I do not know that it is of any avail; | London, Be it remembered, that Richard but in the information it is said for printing to wit. S Pepper Arden, esq. attorney-general and publishing in the parish of St. Mary-le- of our sovereign lord the now king, who for Bow, in the ward of Cheap; whereas I live in our said lord the king in this behalf prosecutes Aldermanbury, and in the ward of Cripple- in his own proper person, comes here into gate. I must leave it to the discretion of the court of our said lord the king, before the the jury. king himself, at Westminster, on Tuesday SUMMING UP. next after fifteen days from the day of St. Martin in this same term, and for our said Mr. Just. Buller. Gentlemen of the Jury; lord the king gives the Court here to underThis defendant has made one objection in stand and be informed, that whereas there point of form. I will dismiss that first. now is, and before and at the time of the The information states, that he lives in the publishing of the false, scandalous, malicious, parish of St. Mary-le-Bow, in the ward of and defamatory libels herein-after mentioned, Cheap, whereas he lives in some other there subsisted between our said sovereign parish or ward : that is perfectly immaterial. lord the king and his most christian maif he printed it any where in the city of jesty, and the subjects of their said majesties London, that is enough, and it is proved he respectively, great friendship, amity, peace, did so. and concord : and whereas the most high, On the part of the prosecution they have mighty, and puissant princess Maria Antoproved, that the paper produced was bought nietta, the august and royal consort of his at the defendant's shop. said most christian majesty, hath always They have called Pitt and another witness, from the time of her birth hitherto been a who prove that it was expected at that time great and illustrious princess, eminently disthat the prisoners would be transported to tinguished and renowned for her wisdom, Botany-bay. They likewise proved, that se- prudence, justice, clemency, and every other veral prisoners were under conviction for princely virtue and endowment: and whereas transportation, some in Middlesex, some in before and at the time of the publishing of the London, and some in Surrey. As to the inu- said false, scandalous, malicious, and defaendos, they infer that us and our means the matory libels herein-after mentioned, Franprisoners. It concludes with saying, that by çois Barthelemy was and still is charged with the words' we look with concern and abhor- the affairs of France with his Britannic ma rence on the bloody hue of the felony laws, jesty, in the absence of his excellency Jean 6 and the frequent executions in England in Balthazar D'Adhemar, bis most christian this reign, under a nominal administration of majesty's ambassador extraordinary and ple* justice, be meant that justice had not been nipotentiary to his Britannic majesty, and truly administered in England during his ma- was, and is, and always hath been, from the jesty's reign. time of his birth hitherto, of good fame, chaRespecting the defence, you will not expect racter, and reputation: yet George Gordon, any observations from me; for it goes to give late of London, esq; commonly called lord a general licence to printers to print what- George Gordon, well-knowing the premises, ever they may think proper; which cannot but contriving, and wrongfully, and unjustly be endured in this or in any other country. and wickedly intending most unjustly, wick The jury immediately pronounced the de- defame, traduce, and vilify her said 'most edly, maliciously, and scandalously, to asperse, fendant-Guilty. christian majesty, and to cause it to be believed that her said most christian majesty had been guilty of great injustice, oppression, THE cruelty, and persecution towards the subjects of his most christian majesty, and thereby to T R I AL Ꭲ Ꭱ ! alienate their affections from his said most christian majesty's government; and also to OF asperse, defame, vilify, and traduce, the said François Barthelemy, then and there being GEORGE GORDON, Esq. so charged with the affairs of France as afore said, and to bring the said François Barthelemy into great contempt, distrust, infamy, and LORD GEORGE GORDON disgrace; and also as much as in him the said George Gordon lay to interrupt, disturb, FOR A LIBEL ON THE QUEEN OF FRANCE and destroy the friendship, good-will, peace, harmony, and concord subsisting between our AND ON TRE FRENCH AMBASSADOR. said sovereign lord the king and his most THE INFORMATION. christian majesty, and their said respective subjects; and to create, stir up, and excite Of Michaelmas Term, in the Twenty-seventh animosities, hatred, jealousy, and discord, be Year of the Reign of King George the tween our said lord the king and his subjects, Third. and his said most christian majesty and his COMMONLY CALLED subjects, on the twenty-second day of August, | (meaning the said comte de Cagliostro's) forin the year of our Lord one thousand seven tune, and exiled him (meaning the said comte hundred and eighty-sis, at London aforesaid, de Cagliostro) from France. dir. Barthelemy to wit, in the parish of St. Mary-le-Bow, in (meaning the said François Barthelemy) seethe ward of Cheap, did publish, and did cause ing the determination of the comte's (meanand procure to be published in a certain pub- ing the comte de Cagliostro's) friends, then lic newspaper, called The Public Advertiser, read the letter from Mr. Breteuil; but upon a most wicked, false, scandalous, malicious, the comte de Cagliostro desiring a copy, Mr. and defamatory libel, of and concerning her Barthelemy (meaning the said François Barsaid most christian miajesty, and of and con- thelemy) refused it. A great deal of convercern ng the said François Barthelemy, ac- sation then ensued upon the subject, which cording the tenour following: that is to say, in all probability will give rise to a full reMr. Barthelemy (meaning the said François presentation to the king of France, who is Barthelemy) who conducts the affairs of certainly very much imposed on. The queen's France in the absence of comte Dazimer (meaning her said most christian majesty's) (meaning the said Jean Balthazar d'Adhemar, party is still violent against comte de Cagthe ambassador as aforesaid, having sent Mr. liostro, the friend of mankind; and De BreParagon with a message to comte de Cag- teuil, le sieur De Launey, Titon, De Brunieres, liostro, in Sloane-street , intimating that he Maitre Chesnon, Barthelemy (meaning the (meaning the said François Barthelemy) had said François Barthelemy) and Dazimer received orders from the court of Versailles to (meaning the said Jean Balthazar D'Adhecommunicate to comte de Cagliostro that he mar) are the mere instruments of that faction. (meaning the said comte de Cagliostro) had The honour of the king of France, the justice now permission to return to France; yesterday and judgınent of the parliament of Paris, the morning the comte (meaning the said comie good faith of the citizens, and the good name de Cagliostro) accompanied by lord George of the nation, are all attainted by the pillage Gordon (meaning the said George Gordon), and detention of the property of comte de and Mr. Bergeret de Frouville, waited upon Cagliostro. The thousands of good citizens Mr. Barthelemy (meaning the said François whose acclamations shook the Bastile upon Barthelemy) at the hotel of France in Picca- the declaration of his (incaning the said cointe dilly, for an eclaircissement upon the subject de Cagliostro's) innocence, might very posof this message from the court of France, de- sibly give rise to his (meaning the said comte livered to Mr. Barthelemy (meaning the said de Cagliostro's) exile, by increasing the jcaFrançois Barthelemy) relative to the per- lousy and fear of an arbitrary government. mission granted to the comte de Cagliostro But why detain the fortune of a stranger, to return to Paris. Mr. Barthelemy (meaning after his (meaning the said comte de Casa the aforesaid François Barthelemy) the comte liostro's) innocence is declared ? This is a very de Cambise, and Nir. Daragon, seemed much base proceeding indeed, Mr. de Bretenil, and surprised to see comte de Cagliostro arrive in brings contempt and reproach upon all conlord George Gordon's (meaning the said cerned in it—io the great indignity, scandal , George Gordon's) coach with his lordship and dishonour of her said most christian ma(meaning the said George Gordon) and Mr. jesty; to the great intamy and disgrace of Frouville; and having expressed their desire the said François Barthelemy; to the great that the comte de Cagliostro alone should disturbance of the public peace, good order, speak with Mr. Barthelemy (meaning the and government of this kingdom; to the said François Barthelemy), they were inform-great danger of creating discord between our ed that lord George Gordon (meaning the said lord the king and his subjects, and his said George Gordon) and Mr. Bergeret de most christian majesty and his subjects; in Frouville were there on purpose to attend contempt of our said lord the king and his their friend (meaning the said comte de Cag- laws; to the evil and pernicious example of liostro), and that the comte de Cagliostro all others in the like case offending; and would not dispense with lord George Gor. against the peace of our said lord the king, don's (meaning the said George Gordon's) his crown, and dignity. And the said attorabsence from the conference. Will any friend ney-general of our said lord the king who to liberty blame comte de Cagliostro, after prosecutes as aforesaid, further gives the ten months imprisonment in a dungeon, for Court here to understand, and be informed, having his (meaning the said comte de Cag: that the said George Gordon being such liostro's) friends near him (meaning the said person as aforesaid, and not only contriving comte de Cagliostro) when insidious proposals and intending, as much as in him lay, to are made to him (meaning the said comte de offend as aforesaid, but also to cause it to Cagliostro) by the faction of Breteuil and the be understood and believed, that her said supporters of the Bastile? men who have almost christian majesty had been guilty of ready sought his (meaning the said comte de great injustice, oppression, cruelty, and perCagliostro's) destruction; and after his (mean-secution; and also to bring the said François ing the said comte de Cagliostro's) innocence Barthelemy, being so charged with the afwas declared by the judgment of the parlia- fairs of France as aforesaid, into great scandal, ment of Paris, embezzled a great part of his intamy, and disgrace; afterwards, to wit, on |