magnitude. He would deliver them his solemn opinion, as he was required by Act of Parliament to do; and under the authority of that act, and still more in obedience to his conscience and his God, he pronounced this to be a most impious and profane libel. Believing, and hoping, that they (the jury) were Christians, he had not any doubt but that they would be of the same opinion.

The jury, at a quarter past six retired; at eight they returned, and their names having been called over, the foreman, in a steady voice, pronounced a verdict of Not Guilty.

3d, On the Athanasian Creed.

At half past nine, Mr Hone entered the Court, preceded by twice as many books and papers as were produced in his defence yesterday. He appeared extremely ill and exhausted.

The Attorney-General rose and addressed the Court as follows:-My Lord, I beg leave to state one circumstance, and I do desire, that what I am about to state, may not be suppo. sed to arise from any desire on my part, not to proceed in this case, but I do observe in this Court, that the defendant appears to me to be very unwell; it was at first pointed out to me by a friend of mine, and I think it right to say what I am about to say. I believe he does not wish to make any request to put off the trial, nor do I wish he should make that sort of reIf he is not well, and he does not feel himself able to bring the whole feeling and force of his mind on his defence, as he ought to be able in such a case like this, I am sure I do not wish at present to proceed. I beg it may be understood, this suggestion arises from no wish on my part to postpone the trial, but from an anxious wish, that in

a case like this, he should have all his bodily strength, and the full use of his abilities, in his defence, which certainly are great; and if he has the slightest wish not to go on from the fatigue he has undergone, without putting that wish in the shape of a request, I am perfectly agreeable to postpone the trial, for I am very anxious that he should have every benefit in making his defence.

Defendant.-I certainly feel very much obliged by the Attorney-Gene ral's kindness, and I am sure it is kindness. The present agitation-it is weakness. I was very much exhausted yesterday by what took place, and was very much hurried this morning to get down to the Court. I feel, I know I shall be perfectly well soon.

Lord Ellenborough.-You will make a discreet election for your own benefit. It won't be in my power to stop for you when the trial has commenced. You will make your election, therefore, now that the Attorney-General kindly gives you the opportunity.

The parody was read, of which the following is a short specimen :

"For there is one ministry of Old Bags, another of Derry Down Triangle, and another of the Doctor. But the Ministry of Old Bags, of Derry Down Triangle, and of the Doctor, is all one; the folly equal, the profusion co-eternal. Such as is Old Bags, such is Derry Down Triangle, and such is the Doctor. Old Bags a Montebank, Derry Down Triangle a Montebank, the Doctor a Montebank. Old Bags Incomprehensible, Derry Down Triangle Incomprehensible, the Doctor Incomprehensible. Old Bags a Humbug, Derry Down Triangle a Humbug, and the Doctor a Humbug. And yet they are not three Humbugs, but one Humbug. As also they are not three Incomprehensibles, nor three Montebanks, but one Montebank, and one Incomprehensible. So Old Bags is a

Quack, Derry Down Triangle is a Quack, and the Doctor is a Quack. And yet they are not three Quacks, but one Quack. So likewise Old Bags is a Fool, Derry Down Triangle is a Fool, and the Doctor a Fool. And yet they are not three Fools, but one Fool, &c."

Mr Hone, in his defence, followed a similar course as on former occasions. It was hoped, he had no doubt, by certain very grave members of the Cabinet, my Lord Sidmouth, and my Lord Liverpool, that William Hone could not stand the third day, that he would sink under his fatigues, and want of physical power. "He can't stand the third trial," said these humane and Christian ministers. "We shall have him now, he must be crushed." Oh, no! no! no! he must not be crushed. He had a spark of liberty in his breast, which, the more it was fanned, became the more intense in its brightness, and never would suffer him to be crushed in a just cause. This spirit would support him under the most excruciating suffering, the most grinding oppression, and would go with him to the grave. The consciousness of his innocence gave him life, spirit, and strength, to go through this third ordeal of persecution and oppression. This was the last throw he had; if he could shew his heart, the jury would see that he was a man of truth, and that he had no more idea of ridiculing the Athanasian Creed, than he had of murdering that family to which he hoped he would be restored this night. But he begged leave to state, that he had reason to suppose his lordship's father was not a believer in the Athanasian Creed.

Lord Ellenborough. It seems you know better than I do. I never heard any thing of the kind. Whatever his belief or disbelief was, he is many years gone to his account. In com

mon delicacy, Mr Hone, not a word more upon that subject.

Mr Hone. There existed, he knew, considerable doubts upon the authenticity of that Creed ;-it being mentioned by some, that St Athanasius had nothing to do with that Creed, but that it was actually a parody upon the real Creed. Many doubts existed amongst some of the dignitaries of the Established Church on this Athanasian Creed.

Lord Ellenborough. It is not alleged to be Athanasius' Creed here. It is only said to be commonly called the Creed of St Athanasius.

Mr Hone. Is it not then, as it would seem to be the Attorney-General's opinion, from the form of the information to which your lordship has just referred, that the Athanasian Creed becomes apocryphal, and cannot be viewed as it is by my prosecutor.

Lord Ellenborough.-Yes; but the Act of Uniformity made it that which it is now described to be.

Mr Hone. The Act of Uniformity; God forbid that this act could have had the effect of making this what it is deemed to be from its import by some persons. God forbid that it could make all men think alike on such a subject as this.

Lord Ellenborough.-It is not intended to have that effect. It merely operates to create uniformity amongst those who conform to certain religious opinions. It is not intended to libel those of a different persuasion.

The Attorney-General replied.

Lord Ellenborough then charged the jury. He fully concurred in the law of the case as laid down by the Attorney-General. The defendant seemed under a delusion, when he supposed that parodies were exempted from prosecution for libels. He was wrong in that; for there had been several prosecutions for offences committed in that

shape. He mentioned the cases of Woolaston and Paine. Perhaps, there had never yet been a prosecution for parody. The only question for them was, whether this was a libel? Did it force ludicrous and absurd images into the mind when the Creed was read? The Father was Old Bags; the Son was Derry Down Triangle; and the Holy Ghost was the Doctor. The defendant asked whom the laugh excited by this was against? But although the laugh might be against the persons represented under these terms, did not the Father, the Son, and the Holy Ghost form a part of the association in this laugh? If they found that there was a mixed profanity of this kind in the

subject of libel, they must find a verdict of Guilty; if both the subject and the object of the parody were made ridiculous in the conjunction, they must come to this conclusion. He hoped from their verdict, conscientiously and honestly found, a stop to the career of profanity and impiety. Was the rising generation to be overwhelmed with an inundation of immoral and irreligious publications? He had not a doubt but the parody before them was a profane and impious libel.

At twenty minutes after eight, the jury retired to consider their verdict. At twelve minutes before nine they returned into Court, and pronounced a verdict of Not Guilty.

THE LUDDITES AT LEICESTER.
Leicester Assizes, April 1.

At seven o'clock, a large assemblage of the principal inhabitants met at the Exchange, and being sworn in special constables, proceeded immediately afterwards to the Judge's lodgings, headed by Mr Mayor, with the magistrates of the borough, and escorted his lordship to the Castle, when the following prisoners were put to the bar, and severally arraigned: Thomas Savage, aged 39; William Withers, aged 33; William Towle, aged 22; John Amos, aged 30; John Crowther, aged 40; Joshua Mitchell, aged 29; Samuel Caldwell, aged 29; James Watson, aged 21; John Clarke, aged 29. A jury was then attempted to be impannelled, but the objections of the prisoners, through the medium of their counsel, were so numerous,

that it could not be effected. All the prisoners were then ordered from the bar, except John Clarke, alias Little Sam, who was put upon his trial, and a jury sworn in.

Mr Sergeant Vaughan opened the business in a very animated and eloquent address to the Court, in which he paid a high compliment to the indefatigable exertions of Mr Mundy, who, as a magistrate, had been principally instrumental in bringing the offenders to justice.

The first witness called, was Mr J. Boden, partner in the firm of Heathcote and Boden.-Mr Boden had left the factory at eleven o'clock on the night on which the depredation was committed; an extra guard had been added a few days before the outrage by the foreman, in consequence of his apprehensions. When Mr Boden left, there were six regular guards, besides the watchman: within the fac

tory were fifty-five frames, finished and unfinished; fifty-three were at work, twenty-three on the first floor, and thirty in the top story. On that night, ten or eleven men were employed, four or five on the first floor, and five or six on the second. After the outrage had been committed, Mr Boden sent off immediately to the police at Nottingham; when he returned to the factory, about five o'clock in the morning, found all the frames destroyed, the lace had been cut, and burnt upon different parts of the floor; most of the windows broken, apparently by stones from the outside; and Asher, one of the guard on that night, he found, had been shot in the head.

A model of the factory was in the Court.

The second witness, John Asher, at about a quarter past twelve, heard a noise of footsteps coming up the yard, facing the casting-shop, heard the dog bark, and a pistol go off, when the dog ceased barking; immediately after saw three men in the shop, with something over their faces; as soon as they came to the door-way, I pointed a pistol at them; they had either two or three pistols; my pistol, not being cocked, did not go off; turning my head on one side, some person came in and fired a pistol at me. I was shot at the back of my head; I was stunned; when I came to myself, I found I was under the work-bench, and was bleeding very fast; two men stood over us upon guard, Webster and Ironmonger were lying by me; heard a great knocking as if they were breaking the machines. They were swearing, and saying, "Ned, do your duty." The men with the pistols kept guard over me all the time, and said, if I stirred, they would blow my brains out: I was bleeding very fast; I asked them if they would let me out, or fetch a doctor. I was afraid I should bleed to death; they

made no answer. In ten minutes, they said to the guardsmen, how is that man that is wounded? the man said to me, how are you? I said I was very bad-he asked me if I could do a bit longer; I said I could, if they would make haste: he said they would not be long. They went in about five minutes, leaving me bleeding; I was taken home; but, before then, one of the men who had come in, said, shake hands with the wounded man; Webster put out his hand, and I shook hands with Webster.

The third witness was Mr Palmer, surgeon, of Loughbourgh, who was called in to Asher, and deposed to the state he found him in, having extracted a ball or slug, from his head, &c. &c.

The fourth witness examined was John Blackburn, (one of the Luddites, who was admitted king's evidence.) After giving a long detail of the preliminary steps, he said, "We went to Loughborough, Savage called for a quart of rum at the White Lion; Mrs Tyler delivered it to him: I then went to the Green Man, and drank a glass of ale for a signal; they came out, and we went for the hatchets, and then went to Ashby-lane about half past eleven o'clock on Friday night, about 200 or 300 yards from the factory; Bill Towle, William Burton, James Watson, Big Sam, Little Sam, Aaron Dahin, Jack Disney, Christopher Blackburn, Savage, Amos, Old Crowder, Bill Withers, Joshua Mitchell, Jack Heill, Slater, myself, and James Towle, were there; Savage had got the rum in his pocket. Withers produced pistols; he said they were loaded; he had tried them beforehand, and they need not try them over again. Little Sam had a pistol; some had handkerchiefs over their faces, and some changed clothes with each other. Mitchell had his coat turned inside out, Savage had a pistol. Savage produced the bottle

of rum, which was handed round. We could see the factory; some said we should be half killed before we got in-it was a dead drop. Slater had one of the hatchets, Bill Towle and Burton had each one; they stood hesitating how they were to attack; they said, would I go first? I said I would show them the place, when some set off running, and I ran. We seized a man, he was going towards the factory, he was threatened with instant death if he did not let us in without alarm; he knocked at the outside door, a dog barked. Bill Towle chopped at the dog, the hatchet flew out of his hand; Jim Towle then shot at him: the cry was, "Brush forwards, lads." I saw my brother and Jim Watson in the place, (in the casting-shop); I went in, I saw three men sitting upon stools in the shop; one stood up instead of lying down, which they were ordered to do; one man took a pistol off the shelf and levelled it at Christopher Blackburn, (his brother). I ran in and fired a pistol, and ran out. I saw the man fall; he lay under a bench; a guard was put over them. After it was all settled, Little Sam was set sentry over; I was fixed as a sentinel from the casting-shop to the corner of Malt-Milllane. I loaded my own pistol after I had fired it; I had my brother's pistol. After we had been there a quarter of an hour, there was a cry of more hands wanted, and I went up stairs; they had almost broke the frames. Bill Towle and Slater were breaking the frames; Little Sam was put sentinel over one of the factory-men at the door leading into the casting-shop; Savage stood on guard over a woman whom he had in custody. I heard one pistol fired on the outside, about Malt. Mill-lane. The whole time at the factory was about forty minutes. The pistols were all fired off when the job was done some loaded three or four

times. The numbers were called over; we called numbers as high as ninety, (having first called over the real numbers), to make the folks believe we had more than we had. Big Sam told Slater to hit the desk which was in the shop; he broke it open, and took away two pistols and a gun belonging to the factory.

Blackburn was then cross-examined by Mr Balguy. Several respectable witnesses were called, who corroborated the evidence given in all the material points; and, after a very minute summing up of the whole by his lordship, the jury, in a few minutes, returned a verdict-Guilty.

On the following morning the Court met at eight o'clock, and did not finish till after eleven o'clock at night. Thomas Savage, William Withers, William Towle, John Crowther, Joshua Mitchell, John Amos, and James Watson, were severally found guilty; and, with the above John Clarke, received sentence of death.

Samuel Caldwell, or Big Sam, who should also have been tried, fainted away in Court, and was in a fit for a considerable time. He was declared by the professional gentleman who attended him, to be too ill to know what he was about, and his trial stands over for the next assizes. John Slater, another of the accomplices, (who was tried with Towle, since executed), was indicted on another count, to which he pleaded guilty, and is to be transported for life.

John Clarke, or Little Sam, after his commitment to goal, had the evidence of Blackburn read over to him by Mr Mundy, upon which he burst into tears, and said it was quite true in every respect, as far as he was concerned, and he requested to sign each sheet of the deposition, which he was permitted to do. He was transported for life.