"Strand." "What?"-" Anjon Major Cartwright, on Sir "Order on Tipper and Fry for F. Burdell, or on any persons paper." "You say, on your cordially engaged in the cause "oath, then, that you saw me of Reform; it becomes him to "write an order for paper on observe, that every word of this Tipper and Fry?" Yes." sort imputed to him in that "Then I will ask you not one paper, or that may be im"other question." The wit-puted to him in any other ness then got down, in a flurried paper, has been so imputed manner, and then stepped up without any foundation whatagain and uttered the words: ever. He must in fairness add, "at least, I believe.” that the Report in the Courier, is, as far as it goes, candid and true.

DEFENCE.

Here Mr. Brougham closed his case. Major Cartwright was in Court before the trial began, and continued there 'till it was ended; but he was not called Mr. COBBETT had not the vaby Cleary. HANSARD, the nity to suppose that he could printer, had been subpoenaed by conduct his defence with half them, and also Dolby, in the that effect with which it would Strand; but neither of them have been managed by many were called. The Chief Justice gentlemen whom he saw around then called upon Mr. Cobbett him; but the jury must have for his defence, which consisted perceived that he had a partiof a speech which occupied ex-cular description of men to actly two hours; and of which deal with; and perhaps he the following is the best outline should not have prevailed upon that we have been able to col- any gentleman at the bar to lect from the newspapers; and handle those men in the way considering the variety of the which he had been compelled topics, the rapidity of the utter- to do. Mr. Brougham, who had ance, and the interruption which been selected upon the present was so frequently given by the occasion for what he (Mr. Coblaughter prevailing in the Court, bett) could not help calling a it is quite surprizing that the premeditated attack upon him, gentlemen who make reports, had thought fit to compliment should, with all their talent, him with the possession of very have been able to give any considerable powers, probably thing so near to the truth. A in order to induce the jury to great deal they have certainly believe him a hard-hearted, left out, for which, perhaps, the wicked, bloody-minded fellow, defendant ought to offer them who would rip (for that Mr. his thanks rather than make Cobbett believed had been Mr. complaints. It is, nevertheless, Brougham's expression) any his duty to observe, that, in the body to pieces; and it was in New Times, he has been very some sort to get rid of that unmalignantly misrepresented; pleasant imputation that he now and that every word of sarcasm | was, trespassing upon the time

of the Court. It was very easy | lisher of his own writings; he for a practised, disciplined bar- had been a writer for twentyrister like Mr. Brougham to eight years in England and in deal in such aspersions, and he America; and yet, with all his (Mr. Cobbett) was not pre-over-zeal-and he wished to pared to say that he should an- Heaven some people had reswer that gentleman in the way cently shown as much zeal as he in which he ought to be an- was taxed with; but, with all swered; but he would do his his excess of zeal and lack of best, before he entered upon the scruple, he had never, in the case, to remove some of the im-course of twenty years' writing putations which so much pains in England, been subjected to had been taken to produce. an action for libel, until the preThe learned Counsel had begun sent action had been brought by his feeble efforts, as he had by a set of conspirators; and thought fit to term them, to de- conspirators he would prove scribe the man whom the Jury them before he had done with had to deal with. The Jury them. Mr. Brougham ought to must have expected to see a have known that; indeed he did sort of monster drawn forth into know it; and therefore his zeal, the light; but he trusted he for once, for his client had caused should convince them, one and him to overstep that which he all, that among the many libel- knew to be true. In England, lers who had attacked him (Mr. he repeated, he had never had C.), Mr. B. by no means de-an action against him; and, in served the least distinguished America, only one; that was for situation. Mr. B. had ascribed a libel upon a physician, whose to him talent and zeal, and had son had afterwards been Ambassaid that he was to be dreaded. sador to Great Britain. The To be dreaded! dreaded! It physician (father, by the by, of was not a very high compli- the present American ambassament to tell a man that he was dor in London), had sworn that to be dreaded. Some of the he lost practice to the amount persons, however, who had of 20,000 dollars per annum ; stood in the witness-box to-day and 5000 dollars damages had could have told the Jury, could been given against him (Mr. have given satisfactory evidence, Cobbett); but the people had that he was not a person to be paid the money; and he (Mr. dreaded; but that he was too Cobbett) had done a service to gentle, too liberal, too generous, the country by rescuing the peoand too easy to be duped; and, ple from his inexorable lancets. moreover, of all those facts Mr. Twenty years had he been writBrougham was well aware. Mr. | ing in England; he had not suf Brougham had described him as fered the grass to grow under a man without scruple; as a sort his feet, scarce a week had pass of libeller surpassing all other ed but he had written somemen. From first to last he had thing; and yet he had hever been a writer, and often a pub-1 before had an action against him

Review, with all its clish-maclaver, had not been free; but it had erept out of consequences

no, not even the Evangelical-views; even the Edinburgh that could say as much; and, to mark him out as a libeller! The learned Gentleman had drawn a picture both hideous and by those softening arts which false. But there had been cri- the northern Gentlemen knew minal prosecutions!. Well. In so well how to adopt, while the first case of criminal prose-southern stupid fools ran their cution against him in England, heads into a gaol. With rethe MS. had proceeded from a spect to the protection of priJudge; it had been handed to vate character, that subject had him by a Member of Parlia-been improperly introduced.— ment; it had been certified to Cleary was not a private inbe true by a Marquis and ano-dividual; he was a public chather Member of Parliament.racter, a political character; he Agreeably to the original con-had been mixed up with Major tract between the parties, the Cartwright, whom he had hoped Judge not coming forward to to have seen put into the box prove the truth of the libel (as by Mr. Brougham. Cleary, he might have done, because the associate of Major Cartthere was an action also on the wright-yes, as a bug might same libel), the MS. was given be said to be a man's bed-felup; there was a trial at bar, low. In the speech of the where the Court was prepared learned Gentleman, the plaintiff to hold that the smallest altera- Cleary was described as intition of the MS., even of a let-mately connected with Major ter, would have prevented a Cartwright, and as having been conviction; the Judge was con- introduced to him by a great victed; and instead of two number of friends, all of whom years' imprisonment and a fine regarded Cleary as an enthuof 1,000l., and securities for siast in the cause of Reform. He half a dozen years, and so forth, was to be not only a brother, the Judge got a snug pension of but a bed-fellow, of the Re1,2001. a-year for his life. As former's. If, then, the connexion for the prosecution by the At-between Cleary and Major Carttorney-General, he (Mr. Cob-wright was to be put into the bett) could only say that it had fore-ground of the plaintiff's done him no harm. It had given case; if that was to be made him leisure indeed, and he had a leading part, and to form a written and revised many things chief ingredient in the plaintiff's during his confinement. He claim for damages-how did it had gone into prison sound; happen that the venerable Maand he had come out sound;jor, who was then in Court, had and his seven years of recogni- not been put into the box as a zance had expired. Look at witness? He (Mr. Cobbett) had the Times and the Chronicle, flattered himself, that, however and the other newspapers; look tight bound the rest of the witat the Magazines and the Re-nesses might prove, the oppor

tunity would still remain to him, appointed under secretary to the of extracting from Major Cart- Hampden Club, at the subscrip→ wright the true history of the tion office of which the defendcase. It had been represented ant had seen him stuck up like that the friends of Cleary had Matthew at the receipt of succeeded in prevailing upon custom! For what he did,

that the Club owed him money although he had since sworn that nothing could be offered to a gentleman like him, and had also sworn that he was a gentleman.

Major Cartwright to receive and or did not, in that office, it adopt the plaintiff, as qualified could be proved by Major Cartto move in the first ranks of re-wright, in direct contradiction form. It was also represented to the plaintiff's statements, that that he was quite disinterested, he received pay. His (Mr. Coband looked to no other reward bett's) son had also been subthan the success of the common poonaed, and why was he not cause. Now had the evidence put into the box? Had he been of Major Cartwright been called he might have confirmed or for that individual, whose evi- supplied the testimony of the dence was all important on this Major, and have satisfied them particular, they (the gentlemen as to the purity and disinterof the Jury) would perhaps estedness of Mr. Cleary. In the have heard a different account. paper of March 6th, this patriotic Major Cartwright would have Irishman was fairly stated to have proved more: he would have complained, in his (Mr. Cobinformed them that Cleary was bett's) house in Catherine-street, anything but a private character; that, as to what had been said about invading family happiness, Cleary was the last man whose private circle or whose domestic fire-side was liable to interruption. In order to shew how improbable it was that the harmony of this man's home should be disturbed by the writings in question, he would for a moment or two advert to his first appearance on the stage of English politics. In the year 1812 he came over from Mr. COBBETT said he had no Ireland, where he had been control over the learned gentleclerk to a scrivener, and became man, nor did he perceive why what the French called sous se- the learned gentleman should cretaire. Instead of imitating endeavour to control him; it many of his worthy countrymen was at the discretion of the in industriously sweeping the learned gentleman either to recrossings, or aiming at the post, ject or to take for granted the for which he (Mr. Cobbett) did circumstances now stated, and not mean to dispute his qualifica- by referring to his own pleasure tions, of a tight little fellow of merely, in the exercise of that a footman, he contrived to get discretion, he would perhaps be

Mr. BROUGHAM objected to this part of the defendant's address, as including facts not supported by evidence, and which the Court, therefore, would feel itself bound to restrain, as matter tending to prepossess the minds of the jury.

but following the fashion of his own part of the country.

Mr. Brougham insisted on the validity of his objection.

professions, declared himself ready to be the executioner, and had perhaps led to the execution, of the unfortunate men who perished upon the scaffold

The Lord Chief Justice remarked, that the rule was ex-in Derbyshire. tremely clear.

The LORD CHIEF JUSTICE.

Mr. COBBETT resumed.-He" I cannot listen to this; what was truly surprised that the relevancy has it to the question learned gentleman should be so before the Court?

full of objections, after the full Mr. COBBETT said, he was swing which he had himself in-prepared to show, that the plaindulged in. He had been about tiff was paid for travelling, with to proceed with his account to a view to the institution of counthe Jury of this Cleary's pro-try Hampden Clubs. Of these gress after his arrival in this societies, as well as of all other country. It might be easily sup- political clubs, he had never posed that he was soon enlisted disguised his disapprobation, under the banners of Major Cart-For his own part, he had never, wright, and little wonder would during the whole course of his avise, at hearing, that he very life, encouraged or assisted the soon after assumed the capacity formation of one single nest of of an apostle of reform, with this kind. The plaintiff, had told a bundle of lectures in his pocket, his family, prior to his own going and, in the comfortable convey-abroad, and to the Westminster ance of a horse and gig, he com-election in the year 1818, at their menced his travels through the country.

The LORD CHIEF JUSTICE. "I think, Mr. Cobbett, you are now descending too much into particulars."

residence in Catherine-street, that Sir F. Burdett was a deserter from the public cause; that he was a coward and a mean fellow, and had not paid to him (Cleary) the money which he had been Mr. COBBETT assured the promised. This fact, also, the Court, that his only object was Major might have established in to satisfy the Jury that the plain-evidence, had he been called on tiff was unworthy of any da- the other side.

mages.

The LORD CHIEF JUSTICE The LORD CHIEF JUSTICE.-here observed, that no justifica'My only doubt is, whether you tion had been put on the record; are not entering more minutely it was extremely unpleasant to than any supposed necessity of him to restrain the defendant, the case requires, into circum-but the Court was bound to act stances which the Court and in all cases upon general rules. Jury cannot receive upon your unsupported statement.

Mr. COBBETT said his intention was to show that this very Cleary had, notwithstanding his

Mr. COBBETT declared he had no wish to consume unnecessarily the time either of his Lordship or of the Jury.

The LORD CHhief Justice.—