After having read the passages in the Indictment at length, he left it to the Jury to decide whether they had any doubt as to their blasphemous and seditious nature.

The Jury, without hesitation, found a verdict of Guilty!

The Prisoner was called up for judgment. Being asked in the usual form what he had to say why judgment should not be passed upon him, as in cases of misdemeanor, he answered, “I consider that I have done my duty. The pamphlet contained my, views and principles, and I published them. I have no hesitation in saying, that I will continue to publish my opinions in every possible shape that I am able."

The Common Serjeant then prefaced his sentence with the following words: "I regret to say, that the Court finds itself absolutely called upon, in consequence of the Defence the Prisoner has read, and the expressions which have now fallen from him, to pass a much more severe sentence than he would otherwise have received. The Court would have been willing to have recollected that the Prisoner had already endured a considerable imprisonment (although it was wholly his own fault that he was so confined): but it would be wanting in its duty to the public if it did not pass such a sentence as would tend to deter others from publishing such blasphemous works. (Addressing himself to the undismayed and undaunted Prisoner) Your mind is neither unenlightened nor uninstructed, and you will see that the views you now entertain can only be hostile to the general objects you have in view-the amelioration of your fellow creatures. It is impossible that such publications should be suffered to exist." "The sentence of the Court is, that you be imprisoned in the House of Correction for the term of eighteen months, and at the end of that period to find sureties for five years, yourself in £100, and two others in £40 each."

Prisoner. I have a mind, my Lord, that can bear such a sentence with fortitude.

TRIAL

OF

JOSEPH RHODES.

ON March the 5th, Joseph Rhodes, who had been improperly drawn into a plea to the name of William Holmes, was but to the bar for trial, having traversed from the January sessions. The pamphlet and the Indictment were the same as in the case of Humphrey Boyle.

Mr. Adolphus addressed the Jury for the prosecution in his usual manner, and observed, that, to prove that the publications similar to that before the Court had done mischief, he had need only to notice a motto on the last page of the pamphlet, connected with the subscription: which was as follows:

"From four Scotch Weavers, who once believed their Grandmother's word that there were three Gods; silly old women whom the Priests had crammed."

"Superstition is on her death bed, her Doctors, the Priests, attend on her anxious for her recovery, Hark! the "Age of Reason" is ringing her dying knell! the hag distorts herself-she cries for blood-for imprisonment-she is dead! The Sun of Reason Shines.

"Virtue is truth,
Vice is a lie ;

Paine's Works shall live,

The Bible shall die."

Mr. Payne, Clerk at the Justice Room Guildhall, produced the pamphlet, which he stated, was delivered to him by Purton, the Bow Street Patrole.

Purton was sworn, and stated, that he purchased the pamphlet from the Defendant in the shop of Carlile.

Cross-examined by Mr. Prendergast.

How long have you been in the employ of the Constitutional Association?

Purton. I am not bound to answer that question.

Mr. Prendergast. You certainly are not bound to answer any question which may tend to criminate yourself. Was you not employed by Mr. Sharpe, or Mr. Murray in this business?

Purton. I certainly was employed by those Gentlemen.

Mr. Prendergast.-Was you not employed by Mr. Sharpe?
Purton-I was.

Mr. Prendergast. Is not Mr. Sharpe a member of the Constitutional Association?

Purton. I have heard and believe that he is.

The Common Sergeant.-The belief of the witness is no evidence.

Mr. Prendergast.-I am aware of that, my Lord; but it is prima fucie, perfectly clear that Mr. Sharpe is connected with the Association. The Common Sergeant.-Well, we shall see that bye and bye.

Mr. Prendergast.-I contend, my Lord, that it is perfectly apparent now that Mr. Sharpe is a member of the Association in question. The Common Sergeant.-Well it may be so-but that does not alter We have no proof whatever that he is a member, and if he is it will not alter the case.

the case.

The Clerk of the Arraigns then read the parts of the pamphlet set forth in the Indictment, which closed the case for the prosecution.

Mr. Prendergast addressed the Jury for the Defendant, and dwelt with much force on the conduct of the Society, in prosecuting, rather than contending against the opinions which were broached by the writer of the pamphlet in question. He stated that the Prisoner was an inhabitant of a remote part of the country, and had not been in the service of Carlile more than a few hours previously to his being taken into custody. Had that not been the case, he should have been able to have called witnesses to prove that his client had been a dutiful child, a beloved husband, and a valued parent, and had borne that character which would reflect the highest honour on him in the sphere of life in which he moved. After making some observations on the composition of the Constitutional Association, and observing that it was notorious that even those who sat on the bench had subscribed to it; the Common Sergeant interfered and complained of the harshness of the remarks, which gave rise to some warm discussion. Mr. Prendergast insisting that such an association was illegal, as it could not be known whether even the Jurors in the box were or were not members of it, and that it was notorious that some of the Judges had subscribed to it. The Common Sergeant decided that the Counsel for the Defendant had no right to make such remarks or suppositions: and after having called forth the interference of the Court on some remarks upon the case of David Ridgeway, Mr. Prendergast sat down condemning the whole proceedings.

At the opening of the case, the Defendant had expressed a wish to withdraw his plea, by saying, that, he had been falsely sworn to by Cooper the Officer, and that his name, was not William Holmes. He now asked the Common Sergeant if he might make his objection to the procedings. No answer was returned, but that Cooper the Officer was not present. He then observed that, he would bring forward evidence to shew that Purton the officer had said that he the Defendant was not the man who had sold him the pamphlet.

This was denied by the officer.

The Defendant begged that his fellow Prisoner (the man whose name is unknown) might be called in proof of what he had stated.

The Common Sergeant said, he was certainly at liberty to call any person whose evidence was admissible, and if he named him he should be called. Defendant.-The person I mean is the man whose name is unknown. The Common Sergeant.-The Court will not take the evidence of any man who will not give his name. If he likes to state his name his evidence

will be received.

Mr. Brown, the Keeper of Newgate, after a few minutes absence said the man whose name was unknown, was present, but that he refused to give his name.

The Common Sergeant.-Then the Court cannot hear him: we cannot hear a man without a name.

The Defendant then said he would call a Mrs. Wright to prove what he said to be true.

Susannah Wright was called and sworn.

Common Serjeant.-What was you doing on the 27th of December? Witness. I was Housekeeper to Mr. Carlile and was just come down stairs to prepare dinner for the men, when I saw a suspicious looking person lift the flap of the Counter, walk inside and look round. I demanded his business. He turned round contemptously and made no answer. I pressed him for an answer, and he turned round to Joseph Rhodes, the person at the Bar, and said I have a warrant for you. I then said to Rhodes, "If it be a warrant read it yourself and see that it is in your name."

Common Sergeant.-Was any other person in the shop with him at the time?

Witness.-Yes, there was Purton the spy who came with the City

officer.

Common Sergeant.-What do you mean by a spy?

Witness.-A person who goes about purchasing pamphlets to entrap men, by swearing they are blasphemous or seditious.

Common Sergeant.-Have you got witness to that effect?

(A

Witness. I have no evidence but his own actions, as far as I have seen them, and his own reported words in "The Times Newspaper." bystander observed it was so reported in the "Times."

Common Sergeant.-What did Purton say?

Witness.-Purton said "that is not the man," and something I did not hear, to the officer who had the warrant: but the officer turned to Rhodes and said "you must go with me." I asked the officer to let him take his dinner first; but he would not.

Common Sergeant. Did you advise the men not to give up their names?

Witness.-I never advise any one.

Common Sergeant.-Yes you did, you say you advised him to read the

warrant.

Witness.-That was not deliberate advise.

Cross-examined by Mr. Adolphus.

Mr. Adolphus (pointing to Purton) Is that the person you call a spy? Witness. Yes.

Mr. Adolphus then pointed to Harrison, the City Marshalman and asked which of them she meant.

Witness. I mean Purton.

Mr. Adolphus. Did you ask Purton to dine?

Witness. What Purton the spy? No, indeed I did not.

Mr. Adolphus.-Pray Mrs. Wright are you a married or a single

woman?

Witness.-I am a married woman.

Mr. Adolphus. Do you believe in the Holy Scriptures?

Witness. I shall not answer that question.

Mr. Adolphus. Do you believe the Bible to be the word of God?
Witness. I shall have my own opinion upon that subject.

Mr. Adolphus. Have you not the misfortune to have many indictments against you?

Witness.-I have two Indictments against me, but if you consider it a misfortune, I do not.

1

Mr. Adolphus. I called it a misfortune as the mildest term I could apply to it. Is it for the same pamphlet ?

Witness.-No.

Mr. Adolphus. Is it for the Republican?
Witness.-No.

Mr. Adolphus.-Is it for Palmer's Principles of Nature?
Witness.-No.

Mr. Adolphus. Is it for any part of the volumes of the Deist?
Witness.-No.

Mr. Adolphus.-Then it is for similar publications?

Witness.-Yes *.

Mr. Adolphus. You say you do not believe in the Holy Scriptures? Witness. I have said no such thing. I may answer that question wher put upon my trial.

Mr. Adolphus.-When were you Indicted?

Witness.-In May or June last: I am not sure which.

Mr. Adolphus. Did you live at Fleet Street when you was first Indicted.

Witness. Not altogether.

Mr. Adolphus.-How long have you lived there?

Witness. Ever since Miss Carlile was taken away.
Mr. Adolphus.-How do we know when that was?
Witness. In November.

Mr. Adolphus. How long ago is that?

Witness. It is easy counted.

Mr. Adolphus. But do you mean last November, or the November before?

Witness.-You know as well as I do that it was last November:

Mr. Adolphus.--Did you engage the men?

Witness.-No, I did not. I had nothing to do with the business.
Mr. Adolphus-Was not the Shop window placarded all over?

Witness.-Yes, the same as all other shops that have any thing to sell.
Mr. Adolphus.--I hope not. I never saw any so.

Witness. If you had used your eyes you would have seen plenty of them placarded.

Mr. Adolphus.-Pray, Madam, was not there a placard with, "This is the Mart for Sedition and Blasphemy" upon it, in the window.

Witness. I did not see it in the window, but I saw a copy of it in the "New Times" Newspaper.

Mr. Adolphus. Do you believe there was such a paper in the window? Witness.-I had such a paper given me to burn: but it had the expression you use, within inverted commas, to represent that it was borrowed from somewhere, and in not copying it so the Newspapers misrepresented it. Mr. Adolphus.-It had inverted commas had it?

Witness. Yes.

Mr. Adolphus.-I do not ask you who wrote it, but did you order it out of the window.

Witness.-I had no controul over the business nor any one there.

Common Sergeant.-She said before. that she had nothing to do with the business.

Mr. Adolphus. Was there not another placard in the window which had the words "Factious Jesus" upon it.

Witness. I have heard there was, but it was an error of the writer in coyping factious for factitious and as soon as the error was discovered the placard was taken down.

* Mrs. Wright was indicted for the Observations on Dr. Gregory's Letters and for some short Letters to Parson Wait in the Addresses and Correspondences of Mr. Carlile.