expect submission to the law, so necessary to the well-being of the state, if those whom God and the law have constituted our governors, are to be held up to hatred and detestation-as prone to every vice, and divested of every private and public virtue? The tremendous licentiousness of the press calls for the interposition of the law-if it be not applied, it is impossible to say to what extent the mischief may not lead. It is for you, gentlemen, in the capacity which you fill, to apply the wholesome correction of the law to those baneful libels. The state of the public press, at this day, is beyond the licentiousness of all former times and precedents. We remember the state of the press in the year which preceded the rebellion, to the instrumentality of which, in a great degree, that rebelkon must be imputed; and I do now seriously aver, that the press at this day goes beyond any thing to which the press of that time went. I do say, that there was nothing so inflammatory, so 'seditious, or more atrocious, to be found in The Press, or The Northern Star, than at present exists in the Irish Magazine, the Statement of the Penal Code, and The Dublin Evening Post. If, gentlemen, in my situation, it becomes my duty to bring those violators of the laws. to justice, I submit to you if I could overlook the present publication? As to the remainder of this publication, which is not introduced upon the record, I will make a few observations on it; and it will be for the defendant, if possible, to elicit from it any thing in his defence. It has the same

object, the inflaming the pube mind, -a libel upon the administration of justice, in respect to the delegates who were prosecuted by my learned friends and myself. This part of the publication relates to us more than the Duke of Richmond. As to any thing in those transactions, I exclusively claim the responsibility, "Adsum qui feci, in me convertite ferrum:" claim that part of this libel, if it can be a libel.-Libel, coming from such a quarter, js, indeed, nothing short of panegyric. We did advise the Lord Lieutenant of Ireland that the catholic committee was an unlawful assembly, and was acting in violation of the law. His grace the lord lieutenant, who is charged in this libel with not being a dispassionate chief governor, applied to the wickedness of faction nothing but the correction of the law. The committee was proved an unlawful assembly-it has been put down. I will not hesitate to say, that if another assembly has sprung out of its ashes, and -is treading in its steps, I pledge my sely officially before you, that whenever that assembly shall be doing less good by its folly and vanity, by its extravagance and ex cesses-at the moment it becomes less ridiculous than mischievous and odious, I will offer my advice to apply the law, and put it down also." I do not shrink from the aspersions of the Evening Post-they have no terrors for me. In the discharge of my duty, going steadily forward, I will not betray the constitution and the law of the country. I will always be, as the whole tenour of my life proves me, an enemy of faction in all its branches, but par ticularly of that faction which has

been labouring in this country in favour of those principles which produced the horrors of the French revolution, and would rob us of our laws and liberties. I think it is time that the public, to whom this libel is addressed, and whose minds have been abused and misled by misrepresentation, should be un deceived; lest, seeing libels such as these going unpunished, they might think such atrocious imputations would not be made if they were not in some degree true. They will argue, that the faction which promotes this system of abominable and unexampled libeling is become so strong, that the government dare not wrestle with it. It is to remove this prejudice and error from the public mindit is to teach them that those who publish these libels are common, and ordinary, and contemptible malefactors, that this prosecution is instituted. They must see them committed to prison to expiate their offence, unpitied and unprotected; and then they will feel they are not altogether to submit themselves to the wickedness of this faction. Before I have done, I will suggest one happy consequence which may result from this prosecution; perhaps I am sanguine, but I hope for it-and it is this, that that young man, who has rendered himself subject to this prosecution, whom I see to be a very young man, and who has, I know, many very respectable and creditable connections, that he, although late, and before it is irrecoverable, yet by spending one day in the company of those who understood the laws, and are in the habit of respecting them, will feel the nature of Lis situation; that VOL.LV.

his eyes may be opened-that he may see the dangerous and wicked faction into whose hands he has committed himself, who are endangering his liberty, injuring his fortune, and bringing infamy on his character--that he will learn, that to be the keeper of a newspaper, to receive the slander of every ma lignant ruffian or traitor, who chooses to attack the government of the country, is an occupation as discreditable as if he were the keeper of a house of ill fame, and sought his livelihood by the basest means that degrade the lowest of the species. If this effect should be produced, I think our labour will not be lost. If this young man shall rescue himself from the hands of this faction, and not seek his gain and livelihood by a systematic violation of the law, but conduct his paper as a source of instruction and amusement to the public, he will become a good subject and citizen; but he will learn, from the experience of this day, that if he will continue in the same course, he is bringing imprisonment on his person, ruin on his fortune, and infamy on his character.

"Gentlemen, if we shall prove the publication, I have no hesita tion in anticipating what will be your verdict."

The publication was then proved, and the court adjourned, at half past five, until this day.

Tuesday, July 27.

The court sat this day at eleven o'clock.

Mr. O'Connell stated the de fendant's case. His speech embraced a great variety of topics, and occupied three hours and three quarters.

T

Mr.

Mr. O'Connell having concluded,

The Attorney General inquired, if there were any evidence?

Mr. Wallace answered, that he should call Sir Charles Saxton, upon the event of whose appearance only, other witnesses would be adduced, the evidence of that gentleman being necessary, in order to render that of others useful or legal. Sir Charles Saxton not appearing, no other witnesses were called.

The Solicitor-General spoke in reply.

The Chief Justice then charged the jury. He stated it as his opinion that the publication was a gross libel,

The jury retired for some time, and brought in in a verdict Guilly.

Mr. Magee was committed to Newgate.

Being called up for judgment on November 29, a sentence was pronounced upon him of a fine of 5007. and imprisonment for two years in Newgate, and further, till security is given, himself in 10007. and two others in 500l. each, for peaceable behaviour during seven

bond was given for an unlawful and invalid consideration...

Mr. Parke, in stating the plaintiff's case,. observed, that the defendant, at the time of executing the instrument in question, was a young gentleman of considerable fortune, holding a captain's.commission in the guards; the plaintiff was the daughter of respectable parents in Shropshire, and had been induced by this young gentleman to live with him as his mistress for some time, and in that immoral state they continued to live together for a length of time. No one could deprecate so immoral a practice more than himself; but when a party was the cause of enticing another from the paths of virtue and chastity, it was but fair, when they were inclined to return to that path, that he who had drawn her from it should make her some compensation for the loss she had sustained: such was the present case. The plaintiff, wishing to return to that path. from whence she had strayed, and the defendant, as would appear, still entertaining some attachment towards her, upon their separation executed the bond in question, as a future provision for her, and not as the price of her chastity, or a consideration for continuing to live with him in that state, as by his plea he had endeavoured to shew. The learned counsel then read a letter from the defendant to the plaintiff's mother, wherein he expressed himself in the strongest terms of affection and regard, calling her his dear Eliza, his wife, &c.

Mr. Reilly was then called, and proved the execution of the bond by the defendant. Upon his crossexamination

ral, he said the bond was prepared in the office of Mr. Thomas, and executed by the defendant, at the house of Sir Felix Agar, of the guards. Witness did not know of his executing any other annuity deeds at that time-believed the defendant was only just of age when he executed it, and was then a young gentleman of considerable fortune.

The Solicitor General, for the defendant, observed, that upon the question of law and morality, there could be no difference between him and his learned friend (Mr. Parke); but he should prove, that this bond was given upon the express consideration, that the plaintiff was to continue to live with the defendant in the state and on the terms already described; and that it was given as the price of her chastity, and for her continnance in that immoral course of life, by shewing that she continued to live with him in that state for a long period of time subsequent to the execution of the bond. The defendant had been a young man of considerable property; but get ting into the hands of these annuity agents, and having an unfortunate "attachment to this plaintiff, he was redneed from an ample fortune to à state of distress and embarrass

Chelmsford, Friday March 12.The King, v. Wellesley Pole Tilney Long Wellesley.-This was an indictment which has excited considerable interest in the county, as it was to try the right of the public to a right of way through Wanstead-park.

Mr. Serjeant Best, on the part of the prosecution, stated, that he appeared to vindicate the right of the public against an attempt, which, for the first time, had been lately made to deprive them of an ancient right of way. The defendant, as they well knew, was a gentleman of high rank, who had lately married an heiress of most extensive possessions in their county. For him and his family, the serjeant professed he felt the most profound respect; but within a

little month" after his marriage, while it might have been expected that the defendant would have been far differently amused, he began to new-model all the household. The ancient and approved servants of the family were dismissed, and the administration of family affairs confided to new hands. They began to discover rights, which those who for a series of many years had managed the estates, had never dreamt of; and one of their first acts was to attempt to shut the public out of Wansteadpark, through which there had been an immemorial right of way. He should prove, that the way existed even before the place was enclosed as a park. Wanstead House had belonged to many eminent persons, and among others,

to Chancellor Rich; from hence it descended to Sir Josiah Child, who was the ancestor and founder of the Long family. The Earl of Castlemain inherited it from the Childs: from Lord Castlemain it descended to Sir James Tylney Long; and the present defendant married the heiress of that family. None of these persons whom he had mentioned had ever ventured to dispute the right of the public,-it remained for the present defendant to make that bold attempt. In fact, he had already stated, that the place in question was formerly part of the public forest of Waltham; and although the king might of his grace have granted to some of these noble persons the right to enclose a part of the forest to make it a park, yet he could grant no more than belonged to him; he could not grant away the subject's right; he might give away bis own land, but nothing short of an act of parliament could deprive the subject of his right of road. He, therefore, should call his witnesses to shew that at all times there had been a public road through the park. He had 32 witnesses present, and he should go on calling them until his learned brother should cry out, "hold, enough." Many of them were the most respectable magistrates in the county, and many of them aged persons, who would carry the thing as far back as human memory could well do. He understood that some distinction was to be taken as to waggons, &c. but the law of England new but three sorts of public roads a foot-road, a bridle or horse-road, and a carriage-road; and if he proved it a carriage-road

for any one sort of carriage, it was a road for all purposes; for whera a chariot had a right to go, a dungcart had an equal right to follow; but if they should prove that no loaded waggons were ever seen! in the park, he had a very easy answer, for there was a sharp and steep bank at one part of the road, which made it more convenient for a loaded cart to go round, and he should prove empty ones in abundance passing through the place. He would call his witnesses, and incontestably prove these facts.

Benjamin Bigg, the first witness, was a surveyor; he produced a plan of the roads claimed. The one was from Ilford and Romford to Woodford or Wanstead, which entered at a gate called the Flat or Forest gate, went through the park in front of the house, and went out at a gate called Wanstead gate; the other was from Laytonstone to Ilford, and entered at the iron gates in front, and nearly passing the house, joined into the other road. He had known the park for inany years, and always had used these roads as public highways; the gates were swinging gates, and had no locks upon them.

Appleton, late steward in the family, stated, that, in the month of April last he shut up the gates by order of Mr. Wellesley, by a chain and lock. Mr. Wilson came with a blacksmith, and forced them open; he again, by like orders, chained them, and ordered a trench to be dug across the road. Once, during Sir James Tylner Long's time, he shut the gate, bat Mr. Bosanquet and Mr. Bainber Gascoigne immediately sent to Sir James, and insisted the gate should * MR Part 1 be