Feb. 3,] 



THE NEWSPAPER. 



torney-General said that he acted under very strongly f 

 irritated feelings and that he had no objection to withdraw 

 the note. As he had done so he would not propose any 

 terms, but merely leave it to Mr. Fitzgibbon whether the 

 feelings of a gentleman might prompt the retractation of 

 the offensive terms that had been used. Mutual explana- 

 tions followed, and Mr. Fitzgibbon resumed his speech 

 and at length requested permission to defer the remaining 

 portion of it to the next day. The Chief Justice expressed 

 great disappointment at the delay, especially as they had 

 adjourned on Monday at an early hour for Mr. Fitzgib- 

 bon's convenience, but they ultimately consented to the 

 adjournment As they were about to rise Dr. Gray at- 

 tempted to address the Court, but the Judges refused to 

 hear him, especially during the speech of his own counsel. 



Fifteenth Day, — On Wednesday Mr. Fitzgibbon having 

 resumed his speech, stated that although this was the 

 morning of the second day on which he had to address 

 them, yet his own peace of mind required that he should 

 discharge his duty to his client by bringing forward the 

 real merits of the case. He then proceeded at very great 

 length to comment on the speech of Mr. O'Connell at 

 Tara, and insisted that from the context the meaning of 

 the speaker was to engage in a constitutional struggle and 

 not to take up arms. If the Attorney-General were really 

 of opinion that the language used was meant to induce the 

 people to engage in rebellion he had violated his duty to 

 the Crown by not prosecuting the traversers for high 

 treason, and if these acts constituted the crime of high 

 treason then the traversers ought to be acquitted, because 

 the misdemeanour would have merged in the higher 

 offence. When he came to the passage of Mr. O'Con- 

 nell's speech in which he spoke of the time when " the 

 Saxon polluted the virgin soil of Ireland with his accursed 

 foot," Mr. Fitzgibbon contended that this language was 

 perfectly true, and it was mere nonsense to endeavour to 

 change the history of the human race by a state prosecu- 

 tion. Ilad'not the Saxons trampled on the liberties of the 

 liritish race and resorted to the favourite measure of 

 physical force I and when allusion was made to that race 

 no reference was meant to any persons of the present day, 

 for where could the jury put their hand on any man in 

 whose veins flowed the unmingled Saxon blood ? If 

 Mr. O'Connell wished to resort to physical force, he 

 would not have discountenanced the Chartists, but 

 from the beginning he had set his face against that 

 party because they resorted to the torch and the dagger. He 

 wished to form an exclusively Irish party which would have 

 the good of the country at heart, and had there been an 

 Irish party up to this period? Orangemen, Ribbonmen, 

 "Whigs, Tories, and Radicals, he was sick of them all, and 

 what honest man was not sick of them all, actuated as 

 they were by the selfish motives of advancing their interests 

 alone, regardless of the people ? Was it an honest man 

 or a fool that instituted the present prosecution, after the 

 sentiments of love, of peace, and of order inculcated by 

 the great leader of the Irish ? The learned counsel, after 

 adverting to a variety of topics said that live-sixths of the 

 legislature were composed of men ignorant of the character 

 of the Irish people. It was owing to such a circumstance 

 that he could account for the passing of a poor-law bill, 

 founded on the principle that wretches whom it was not law- 

 ful to kill should be immured in a kind of gaol and supported 

 at (he expense of those who had not yet become paupers 

 themselves, although many were on the verge of that state. 

 The learned counsel in great detail went on to censure the 

 conduct of the Attorney-General for assimilating the pro- 

 ceedings to gain Repeal with the acts of those who fo- 

 mented the rebellion of 1798, and complained of his 

 reading statements from the report of the Committee of 

 Secrecy which he never proved. But the true parallel to 

 the present system which was meant to carry Repeal, was 

 the system by which Catholic Emancipation had been 

 carried, namely, the display of the moral and constitutional 

 power of the people. A concert to effect legal objects by 

 illegal means was not a crime, and for this he had the 

 authority of Lord Ellenborough in the case of the King 

 v. Turner and eight others. If parties entered into a 

 conspiracy to commit a particular act, he submitted that 

 the parties must know that the object they had in view 

 was a criminal one in order to constitute an offence. The 

 learned gentleman concluded by: referring to the 

 fracas of the preceding day, and expressing his regret at 

 the occurrence. It was an incident which he should 

 regret to the latest hour of his life, not for any injury it 

 might inflict upon himself, but for that which it might 

 produce to one whom he had long known and esteemed. 



Dublin — Tne weekly meeting of the Repeal Associa- 

 tion took place in the Conciliation Hall on Monday, and 

 the house was denselycrowded. Mr. Caleb Powell, M.P., 

 was called to the chair. Alter the transaction of some 

 business, Mr. Smith O'Brien proposed a series of resolu- 

 tions to the effect that each parish should defray the ex- 

 penses of its own representatives, which were carried by 

 acclamation. Mr. O'Connell addressed a few observa- 

 tions to the meeting, and the Rev. Mr. O'Malley depre- 

 cated any language which might give offeuce to the Fede- 

 ralists, whom he termed the corps de reserve of the 

 Repealers. Mr. Wallace, an American gentleman, 

 addressed the meeting, but was called to order by Mr. 

 O'Connell, in consequence of strong language which he 

 made use of. Mr. S. O'Brien gave notice of a motion for 

 the appointment of a committee to watch over the pro- 

 ceedings of Members of Parliament. The Repeal rent 

 was announced to be 372/. 14*. \\d. — A Deputation from 

 the Dublin Corporation consisting of the Lord Mayor 

 and some- of the Aldermen and T n Council, had an 

 audience of her Majesty yesterday to present an address 

 praying for an amnesty tor the traversers. The Queen 

 received the deputation in the presence of the Duke of 



Wellington, Sir R. Peel and other members of the Cabinet 

 and returned the following reply : — M I receive with satis- 

 faction the assurance that sentiments of loyalty and of 

 attachment to my person and crown continue to be che- 

 rished by you. The legal proceedings to which you refer 

 are now in progress before acompetent tribunal, and I am un- 

 willing to interrupt the administration of justice according 

 to law. It is at all times my anxious desire that any griev- 

 ance of which my people can justly complain should be 

 speedily redressed, and I confide in the wisdom of the 

 Parliament of the United Kingdom for the adoption of 

 such legislative measures as may be necessary for that 

 purpose." 



Hafo. 



Court op Qheev's Bench.— The Queen v. Holt and Brander. 

 — On Monday, Mr. Justice Patteson delivered judgment in this 

 case, which was founded on a criminal information obtained 

 against Thomas Holt, George Frederick Brander, and anothe- 

 person (who did not appear!, as the proprietors of the Age newsr 

 paper, for a series of libels which had been published in that paper 

 against the Duke of Brunswick. The case was afterwards tried, 

 and a verdict of Guilty returned. After recapitulating the facts of 

 the case, his Lordship said, in reference to the pleas of the defen- 

 dants in mitigation of punishment, u We are asked to believe that 

 these different libels were inserted incautiously, though it is pal- 

 pably false, as it appears upon the face of it. Many objections 

 were addressed In mitigation of punishment, though I have not 

 heard anything at all tending that way. The conduct of the case 

 on the trial and that adopted now is far from mitigation, it has a 

 tendency to aggravate it. But, be that as it may, it is said you 

 Thomas Holt have suffered from being imprisoned in an impro- 

 per manner when you were arrested. Lord Denman has already 

 mentioned that we hold that to be a very improper proceeding— 

 that you were apprehended on Saturday for the purpose of de- 

 taining you in prison till the Monday. It is a great abuse of the 

 process of this Court, and the Court will not sanction anything of 

 the sort; and if you really had suffered anything from it the 

 Court would take it into consideration. You say you have been 

 dismissed from the editorship of this paper, and that is said to be 

 a great punishment in itself, and it is mentioned as a circum- 

 stance which ought to induce us to inflict a lighter punishment. 

 If we arc to take, as a specimen of the character of the paper, these 

 different pa/agraphs, as to the manner in which you have carried 

 on the office, so far from the dismissal being a grievance, it is the 

 best thing that could have happened to you, or you would have 

 committed these offences more and more. George Frederick 

 Brander, you stand before the Court in a different situation, be- 

 cause certainly you are not the person who had the conduct of 

 the newspaper, or overlooked the articles before they were in- 

 serted. You were resident at a great distance, and you are found 

 only as proprietor of the newspaper. In law, however, it has 

 been well known that no one can connect himself as the propri- 

 etor of a newspaper who Can be said to be ignorant that he is 

 liable, both civilly and criminally, for everything that appears in 

 the paper, and therefore it became you, when in the year 1837 

 you first proposed for a sum of money to have shares in this paper 

 — it became you to inquire what sort of newspaper this was be- 

 fore you connected yourself with it, otherwise you ran a great 

 risk of persons having your money to enable others to carry on 

 the newspaper and insert what they thought fit. It is very ma- 

 terial and important that all proprietors of papers should be aware 

 of the liability they incur. It may not unfrequently happen that 

 they are the only persons against whom any compensation can 

 be recovered if an action is brought, and sometimes the only per- 

 sons whp can be brought before the Court, because the persons 

 who actually inserted the articles often go away, and no persons 

 are amenable but those who are the actual proprietors of the 

 paper. Nevertheless, the character of your offence is very dif- 

 ferent from that of the person who actually inserted the para- 

 graph. Taking all the circumstances into consideration, the sen- 

 tence of the Court is that you, Thomas Holt, be imprisoned in the 

 Queen's Prison for 12 calendar months, and that you, George 

 Frederick Brander, be imprisoned for three months. 



The Queen v. M'Neil.— The defendant in this case, Mr. Forbes 

 M'Neil, appeared to receive judgment on a charge of having 

 assaulted Mr. John Abel Smith, in Belgrave Square. The assault 

 was committed in consequence of some expressions used by Mr. 

 Smithwith reference to the defendant's conduct in certain matters 

 relating to bills of exchange put into circulation by the defendant, 

 and the particulars were fully given in the report of the trial. 

 Mr. Justice Patteson now delivered judgment, and said, that the 

 Court would diminish the term of the imprisonment they intended 

 to impose, on account of the bad health of the defendant. He 

 then sentenced him to be imprisoned in the Queen's Prison for 

 three calendar months. 



The Queen v. The Lord Slat/or of London.-fThe Att.-Gen. and 

 Mr. Richards showed cause against a rule obtained on the part of 

 Fletcher, one of the persons charged in the Forged Will Case, for 

 a mandamus calling on the Lord Mayor to give Fletcher copies of 

 the depositions made in this case. The fact on which this appli- 

 cation was founded, showed that Fletcher had been examined be- 

 fore the Lord Mayor on a charge of having participated in these 

 forgeries, and had been by the Lord Mayor recommitted for ex- 

 amination. Under these circumstances it was contended that 

 the application must be refused. It was made under the autho- 

 rity of the 6th and 7th Will. IV., c. 114, which gave to prisoners 

 the right of being defended by counsel, and of having copies of 

 the depositions made against them, but was held not to apply to 

 cases where a man was merely committed for re-examination, 

 but where he was committed for trial, which alone was a com- 

 mittal that within the words of the Act could be con^dered a com- 

 mittal for the offence. Mr. Kelly and Mr. Ballantine supported 

 the rule. The Court, however, were unanimously of opinion that 

 the depositions were not to be given till a committal for trial, and 

 the rule was consequently discharged. 





BIRTHS.-On the 20th Dec, atCainsmore, Minnigaff, the lady 

 of J.Stbwart, Esq., of a son.— 22d Dec, at Edinburgh, the lady 

 of A. roRBKs. Esq., W.S., of a son.— 25th Dec, at Ardpatrick 

 House, Argyllshire, Mrs. Campbbll, of Kilberry, of a son.— 20th, 

 ult., at the Trafalgar, Greenwich, Mrs. Ciiarlkb Hart, of a son. 

 — 22d ult., at Upper Tulse-hill, Brixton, the lady of C. B. Bulk 

 Esq., ofason.— 24th ult., at Deene-park, Lady Augusta Baring, 

 of a son.— 24th ult., at St. Leonard's-on-Sea, the lady of the Rev 

 T.K.Thomas, of a son.-24th ult., at Barnstaple, Devon, the 

 lady of T. Stephens. Esq., of a son.— 24th ult., at Redhill, 

 Havant, Hants, the wife of the Rev. T. Yard, of a son. 



MARRIED.— On the 23d Dec, at Carlow, Audlky Parsons 

 Esq., of Woiverhamptou, second son of \V. Parsons, Esq., of 

 Carlow, to Rkbecca, third daughter of the late J. Mark, E^q., of 

 Cork. -25th Dec, the Rev. John Griffiths, chaplain on the 

 Bombay Establishment, to Fiances, fourth daughter of Captain 

 Mortiock (late captain of tttfe iloa. E.I.C.'s Naval Service 

 Brighton .-2«h ult., at Llanlligan, Joh.v, son of T. Iligham 

 Esq., of Charleston, South Carolina, U.S., and Margate, Kent,, 

 to Letitia, daughter of Col. W. Lystcr, late of Grcenford Manor- 

 house, dlestx.- Ifttb ult., at St. Mary's. Reading, Arthur 

 Dka.v, Esq., Civil Engineer, of London, to Maria, daughter of 

 the late J. Woor.house, Esq., of Highgatc-lodge, Dublin. 



DIED.— On the 22d Dec, at Haverfordwest, aged 71 the Rev. 

 Josiaii Hill, Wesleyan minister.— 23d Dec., at Rivtrview Ave- 

 nue, Rathgar,the Rev. Skkkkingtom Preston, rector of Drum- 



nra, county of Meath, only surviving brother of the la'e Lord 

 THra,aged6s -24th Dec, at Newcastle, aged 2.5. Gkorgiava 

 Marv, daughter of the late James Eraslie, Esq., barrackmaster, 



[1814. 



Dundee.— 25th Dec., at Winchester, aged 71 Ch . " — ~-^ 

 thorve, Esq., of Reading, for upwards of 30 vearl « £ Es Ha *- 

 ofthe town of Basingstoke.— 28th ult., suddenly at wIS*i. str **e 

 Grove, Chelsea, aged 71, T. F. Hawkes, Esq.. ite m»A ehea4, » 

 wright of H.M.'s Dockyard, Devonport.— 16th ult o? r 8hi P* 

 at Barford- house, Warwick, Lieut. Rattray R k ♦k*^ >p1 ' x J p i 

 the late Charles Rattray, M.D., of Daventry, Nor tharr .£ S0 L n * 

 aged 23.-23d ult., at New Brighton, near LivernooT P o° n !. hlre . 

 Charlotte Jemima, wife of W. A. Dawson, Esq -iS ^ 

 Sblina, wife of John Russell, Esq., of Claremont-saulr* « lt> ' 

 tonnlle.-26th ult., at Hastings, Ladt Oakelev wK?\ Peo * 

 deacon Sir Herbert Oakeley, Bart.— Lately, at his reside.? h- 

 Southampton, the Hon. Charles St. John, youngest hr^ nn ' 



Abbey, Cheshire, aged 86, R. Gibbixos, Esq U , of GibW^" 1 ^ 

 in the county of Limerick.— 26th ult., aged 91, Mrs A\v a e ' 

 sox. of Chatham-place. Walworth.— 26th ult.. «t Langton I '** 



..an officer hi a} 



the larynx, after 43 hours' illness, Ada Ellbn AdklaS't ^ 

 deroy, aged 74. second daughter of F. V. Lee, Esq 1 chJ»° U 

 place, Regent's Park.— Yesterday morning (Wednesday) v 

 Francis Goodsox, office-keeper at the Police-court Bow it 1 

 his residence attached to the court. He had been' 21 vm • 

 the service of Government, attached to Bow-st., and 15 v IB 

 court-keeper.— 27th ult., at 22, Tysoe-street, WUmineton .«„-*" 

 aged 27, Eliza, the wife of Mr. David Craven. ""-square, 



GAZETTE OF THE WEEK. 



merchant-VV. Butchhr, Great Marlborough-stree', commi.si'n ,!!I' 

 LEguBUTKK, Chingford Mill., Easex, miller _ T. rJdhaii, NewSS?, 

 Tyne, grooer-J. Lkkch, Newcastle-upon-Tyne, iionmoneer T £. u P° n - 

 Manchester, tobacconut-H. Mukch, Norton-under-Hamdon, SammS*' 

 Nil doth man..facturer-D. Lamoni-. West Smithrield, publican-\V I w ** 

 Bi.hop.««e Within, ironmonger- K .. P„rrrr, Einingf Suffolk, W-YtSk 

 keeper-J. H. Psrryman, Birmingham, bookseller-lR. Philloct^ BuSoi 

 Somersetsh.re scr.vener-J. It. Dragk, Leeds, tallow-merchant-W \\W 

 Leamington, Warwickshire, hotel-keeper-G. Coopkr, Leeds butcher W* 

 Thompson and J. Mklms, Newcastle-upon-Tyne, commissiou-airenu 



SCOTCH SEQUKSTRATION8.-C. E. Maillardw? DrSarro Fib. 

 sh.re, coalmaster-D. and W. Ross, Balintore, Ross-shire, merchants 



VT/^ ANTED, a young or middle-aged Man, as PROPA- 



" » GATOR in an Establishment in the neighbourhood of 

 London where nothing but pot plants are grown. He must 

 thoroughly understand his business in all its branches -Apply 

 by letter (post paid), to A. B., 19, Milk-street, City, stating where 

 he has lived in that capacity. 



T1TANTED.— An active young Man, who understands 



* » the general routine of Nursery work. One who has been 

 bred in a Scotch Nursery would be preferred.— Apply, stating 

 full particulars, to J. Grigor, Lahenham, Norwich. 



WANT PLACES.-A11 Letters to be post-paid. 

 AS PRACTICAL GARDENER.— The Advertiser, 



-£•*- about changing his Establishment, has great pleasure in 

 recommending to anyone wanting a good practical Gardener 

 one who has lived with him 18 years, a successful grower of 

 Pines, Grapes, care of Greenhouse, &c. ; has obtained 130 prizss 

 at various shows; is 35 years of age, a married man, and tho- 

 roughly understands his profession.— Direct to A. B., at Messrs. 

 Thomas & Sons', 20, Cornhill. 



TO NOBLEMEN AND GENTLEMEN. 



AS PRACTICAL GARDENER.— A young Man, 



-^»- well versed in the science of Horticulture, is desirous of 

 engaging with a gentleman in the above capacity. Can give 

 first-rate references as to ability, &c— Direct to J.S.,73, Jermyn- 

 street, St. James's, London. 



A S GARDENER.— A young Man, 27 years of agci 



-£■*- has a thorough knowledge of his profession in all its various 

 branches. He can be highly recommended by a Nobleman in 

 Scotland. His character will bear the strictest investigation. A 

 house on the grounds would be preferred. — Direct to J. B., at 

 H. Ronalds and Son's, New Brentford, Middlesex. | 



AS GARDENER and BAILIFF.— A most respect- 

 able married Man, who is well acquainted with Cattle, and 

 also understands buying and selling. He can have a most 

 excellent character from the situation he has just left.— Direct 

 to A. V., No. 7, Norfolk-place, Shacklewell, near London. 



AS GARDENER. —A middle-aged married Man, 

 without family, of respectable habits, who is well expe- 

 rienced in the cultivation of Pines and Vines, and Early Forcing 

 in general ; also the management of hothouse and greenhouse; 

 has had good practice in the propagation and cultivation of pi* "' 

 on the most improved principles; he has no objection to any 

 part of the country, and can give two years' character.- n « ett 

 to A. B., Post-office, Petersfield, Hants. _________ 



AS GARDENER.— A respectable, steady, active, sober, 

 young Man, aged 25, who perfectly understands Forcing, 

 Kitchen, Fruit, and Flower Gardening; he being a Farmer's ion 

 has no objection to take charge of Land. Can be well recom- 

 mended by the Clergyman he has lived with.— Direct to I M 

 Post-office. Uckfield. . 



AS GARDENER.— A respectable married Man, aged 

 30, who is a first-rate Grape Grower; with Forcing in all 1 

 various Departments. Has likewise a perfect knowledge ol 

 Flower, Fruit, and Kitchen Gardens,with an eight years' une xcej- 

 tionable character.-Direct to A. Z., 2, Adelaide-terrace, naiw 

 street, Islington. 



AS GARDENER and BAILIFF.— A most respect- 

 able married Man, without encumbrance ; is weilacquai ^ 

 with Cattle-understands buying and selling. He can na 

 most undeniable character from the place he has just • 

 Direct to A.V., No. 7, Norfolk-place, Shacklewell, nearj^nou^ 



AS GARDENER or UNDER-GARDENER »" J 

 Nobleman or Gentleman's Establishment.— A sin?le I° rme r 

 Man, 25 years of age, can be highly recommended by an> ^ oa ^ 

 employer he may have had during the last se\ r en years ; tt0 

 have no objection to any part of the United K |n S dom, I";u < , r i a e' 

 R. F., Mr. Thomas's General Advertising Office, 21, Catnei 

 street, Strand. 











S GARDENER, where one or more Men^JJ 



A kept.— A young Man, aged 36, who perfectly under 

 Forcing, Kitchen, Fruit, and Flower Gardening, and has v 

 tie*! knowledge of the cultivation of Plants. Has no 0I J a y e 

 to take charge of Land, and can have an u " exce r p vea rs.-" 

 character from the gentleman he has lived with tour > ^^ 

 Direct to A. b\, at Mr. Foot's, Fruiterer, Church-streei, 

 Newington. 



A 



S FOREMAN or PROPAGATOR, i» * Nu ^/bi» 



L A respectable young Man, who perfectly unders ^ qQ 

 Business, having passed the most parj of his hie m ^ A g. r 

 branches. Satisfactory reference can be given.— Dir 

 at Messrs. Lockhart's, Seedsmen, Cheapside, London. 



