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- - " . - ... - " . - - . . ft , -s- '. a a. - .t nALniGUt (NC.)" FBI DAY, AVAIL u, "lip, - ; I'v'v! Yd. MV ! y tiu: srAir,. l.Vbrl!u Carolina State Gazette rWuUed, ekl,T " '. BELL & LAWRENCE. ' ...... Uirtt') iHraa 4oHn' r aaaiafa N pa. nrf itl a aent ilaul al IcmM gl SO U fuUd , , lwHor, aad m piprr liMbatiaucd, at at (h ptio"( tha hjitoctiuulcia all an nfp t ' in pk). iihrartiwmeaia. M eiaaarfine if. . ten Hws'mvrtrJ tbrca uia for aa4 Jlv, w,i teotj-fi aenia foe eaah aotiiiiaea. All lttr to laa editor poat-paid. MISCBLIjVXEOUH. STIARPE vs. VI ALLS. Clerk. ' ThoSpeech of C. Philipa, Eq. as deGrer edit the Court of Kifip'i Bench, In m lo tion between Skarpt it. Vtitt,- Clerk, to recorer dm(fea far a malicious Proaecit , lion for tcaling -Br Mwi Brtad value, r o penc on Ttiarilayf Dec. 1J, ,1832, before the Lord Chief Justice and a special Jury. .,.--vf ,;" "'' " " '- -V fyLrd,odGntbnenafthtJiin! The iurv hat heard from my learned IKend, -that this aetion was brought to recover compensation in carnages m ennseauence ofce prosecution malicious ry preferred that is. preferred without inj probable cause to Warrant it, from the absence oi.wnicn, wiice, Aiiuugn not distinctly proveable, was still pre sumable and inferential.' -J need not state to you that thegrpunds ought to he strong indeed to' warrant an man in putting another on his trial on a charge of fchfny. The principles of, Constitu tional Law are too well known in Eng land, to require any statement on the subject. My charge to-day against the defendant is, that he .did institute such a prosecution against my client; not on -- ly- without any probable grounds to war rant it, but upon grounds ; the most abr surd, the most oppresive, and the most "capricious a proceeding not only re pugnant to his character1 a a clergy, man, but detestable in the eyes of eve- v tinman hn ' ' fJonflompn I fppl. however," that 1 have much to combat tn advocating the cause of humble po verty against, pampered oppression I have to charge , that oppression upon a character where the . virtues and the charities, of life are' presumed to dwell -4 have to fear also, lest the language -vhlolvXaMiMt hold towards the'indivuU iuA'tciaybe misconstrued into an dis-r ; V respect to his veneratea proiession- most assuredly I mean no snch ething- hut when I find a man in alofty station struggling , to prove .that he owes his fank4ather to fortune's blindness than to personal deserving, and when J find him hiding the world's heart under a religious garment, it Hs my, duty too vercome tlie rain which the exDosure Sives me a duty to the rank such coo uct has dishonored i", duty - to the Church, thus more endangered by its own nrofessors. than by all that infidel ity can nrae asainst it. I shall nroceed to detail to yon tlie facts-4iear 'them If yon can with gra- vity think' of tliem5 1 trust you will nojt, without indighationl!vThe plaintiff is a poor man, living by the labor ot his ': hands.' '.The defendant,' Mr..; Vi'alls, is a clergyman of the Churclof Englaod, ot ample tortune ana ttsusuai attenaant, a iarze estaDusnment. .it. uappeneq ini in October- of the last vear. the de fendant was employed in the gardenof Mr, ViallSj as under gardener,:a!ia on . theSlst of that month, it beins Sunday, he dined with his aunt at Camberweil. They had a small round of corned bed for dinner, and, upon his departure, his auhti with i : much hospitality pressed ,him tq accept a slice of it ; He accept- , f ed t, returned home, and placed it in an open tool box,in the garden, the usual " depository for the under gardener's din- rner. About 1 1 o'clockhe Parson went to take the.'air in his garden he pror ceeded with the sagacity of an old poin t- er .to the tool box, and made a dead .set upon 'the hoor manVbeef. (LauirhterO He was not ontented; with the tithe of T it, or he might perhaps have pleaded the ' prescription.;; : Cont'mued laughter.) But he swept it at once entire ami wholesale into-Jiis breeches pocket. - .' a. ' . ' Uhe laughter here was loud and pro longed. .Out of the Doctor'fKown lins i, I shall prove thW ludicfOUs- wlrsposal of the beer. . The poor man was earning an appetite, which it seems even break fast could not take away from the Par . son. , The Doctor proceeded directly ' to his house; he dived at once into the kitchen: 'Follow me,' said he, to the ' astonifahed pook, ' follow me to the lar i T. der, and bring the. carving knife with .j'-you.tXLaiighter'-i The, cookfollow ed' ynthr tremulous - apprehension, the i , scullion retreated in silent consterna- ' ' J10"'" ! Arrived at the kitchen; he casta ;iook ata round of beef which had al eady done duty in the family, cut j V measured slice from it wit1' " h cau uon,pertormea the like o, i upon aioai oi oread; and then stu. ed awav ' WlthOUtUttfr!ncr a" avllnKl 1 V livnt h bef nak9ay8 the, cook.'how hungiV my master, Is; breakfast inst over, Tic' Ulbg to the lancheon. .Not for a lun cheon, however, was the beef intended; all that day, and all that niht it was the V arson's companion, and the next morn ing the cook received a summons to at tend his dresiingj' rooinj .'tere spread out in stats, h shewed her the slice he had exit-of the round, and the beef he had maneuvered out of the tool boa; so cut U match that you could scarcely tinrtish, between them. 'Won't dis- you swear, tau! the Parson, that these two slices are from the same roundi' 4 Its impossible that I can, said the rook, bPefs beef all the world dVer.1 I can, sail the ParsonV there's a slice that come offmv round. and 111 swear it did. because 1 bund it in the1 tool box.' '.Your round, Aid the cook, was safe in the larder; the door was locked , and the key was in my pocket, There wa a reason, too, Which the Doctor assigned lor ciairainguie ueei, ana which, as it has at least the- merit of originality,' I shall mentioi ' Indeed, he repeated it before a' jury.' I know the beef to be mine trom complexion! ; Gentlemen, perhaps he night. I dare say there was a lily whiteess about the fat,- and a modest saltsctte,' Aurora-like redness about the lekn, familiar to the eyes of uoctors ot LUrinity. , - u,; , ,; ; Gentlemen, the next appearance of tne cook was before a Magistrate, where she distinctly swore to the utter impossi bility of any access to the beef without her knowledge, Hnd she solemnly de nied that such access was ever afforded. The cook having failed, the butler was resorted to. i The parson produced to him-the slice from the round, and asked him whether it was not his property? No,' said the butler 'God bless me, said the Parson, what a fool you are not tft swear to beef !'; ' He then produced the slice fromhe tooKbox. . 'At all e vents, Jucyou will have no hesitation in swearing that this and the other came froi'd the same round?', . No,, replied joe, i a ratner say xney aia noi, ue- cause me one is mucn aner man me o tlier.'(",The old mathematician," when he solved the problem, and exclaimed eurekt, never felt one tenth portion of the Parson's 'ecstacy Its theV samer Joetts the same; its only drier because I earned it in-my breecliea Docket.'1 Hm next resource, gentlemen, was the plaintiff himself.1 The plaintiff was bewailing the robbery of his dinner, lit-! tie foreseeing he was to be considered a thief he told, at once, .that he got the beef from his aunt at Camberweil, but' Parson Yialls was not to be satisfied, nor would he even make inquiry.! Day af ter day the man came to his work, and day after day the Parson beset him, tor menting him hourly with the same ques tions; at length his patience was quite exhausted, and he said," as I am told, in the presence 'of the butler, 'Sir, I told yon the name of thy aunt, and where she:" lived; .-IHlv answer,; yoii no more question9.upon the subject; I am ready to prove my innocence before any tri bunal in the world. v Iu the mean time, gentlemen, the beef was hourfy afford ing to the Parson another opportunity of lecturing upon me muxaouiijr ot nunian affairs; in other words, it was getting musty; despatch was necessary. The Parson sent jt down with a strict cpni -mand that some of the servants should dine on it. ' Tlie butler rejected it, as hio was to be a witness; the kitchen maid ore she would not make her stomach . receiver of stolen goods; and the'nn- 6rfiinat'r.ftok will tp.ll vim that she bolted itherseif n order to prevent a reyomtion' in ine scuiiery augnier; Will yon believe, sentlemen, that up on these grounds,? against the speaking evidence of .jte,. man's daily ' return to wprk against thp paths ot his own ser vants:5 against common "sense, merely because he had a cold round in his lar- der t us nroD ot the . Church, . wno keeps his lordly mansion, lii equipage, and his tetinue, determined to prosecute this helpless peasant on a charge of 'rob bery! a charge sp laid as to Subject him to transportation.'j Did you ever, gen tlepien, hear of such a case as this? ; 1 remember to, have heard ot one, ana out one, which occurred in another country. It was not in Ireland, gentlemen, though Mr. Gamey's smiling would seem to say so. "t It happened to America, about fifty years ago. , Johnny Hook, gentle- men. was a llijrhlander. . He lived in one ofthe roost economical " parts of . .,' x-i i i -i. j 'r BCOtiana, uniii, ne arnveu ai years u discretion, when, of. course.he emirat ed. (Laughtejr.)' tile arrived in Ame rica aboutthe period of the revolution, having.brought with him from Scotland i tfttlt stout bullock; which I dare say he thought an apt emblem of his coun trymen. (Laughter.) Patritftiin is said to be a hungry qualirj arid '. vnjiappily for Johnny llook, the'''American army encamped in the very field ' ere his Ihnllnntr' tt na. irmrincr a . rta a I ine DUiiocK was r-sdon sacrificed tarnhe appetites of t the 'invaders ctte field, and the setting si beheld not its last rib in' ei'ntance. Atue conclusion of the war, Johnny set offrout the farm, and brought his action against the American Commim ry General for the price of his bullock. The defence was conducted by the in spired peasant, Patrick Henry, a name immortal in Amend, -and lucB should never die wherever talent aad -Rvnius are held in estimation. lie touched the chords of the jrjrors' hearts, and when ne naa piciureu nentretnem me penn and privations which the American ar my had undergone,, the, achievements' and victories they had obtained, he ex claimed with a feeling which, soo be Cime contagious ,'But who is thisjnan who diatarUs a nation's devotion, and at the very moment when they art with uplifted arms "returhkijj thanks to the god of battles, exclaims beef, .beef, beefl'V ..- .;, .-t. In Amenca tne name of Johnny IIooi will never die; Genius has' touched it and made it immortal bat what was Johnny Hook when contrasted with Parson Yialls? as a candle to the sun. From the moment that the Parsan glanc ed his keen, worldly, tithe , discerning eye inio me poor, man's .dox, nis very imagination . appears to have become bossified, x.Throuhout all creation he could ' see nothing' but beef! This rounded world, with all its rich Tarie ties, was in his mind nothing but a round of beef; his rosea and his lilies became transformed into bullocks; not a text could he mink of except the flesh- ' t V i.' D,-f I - 4. k! what ale was to Boniface, his diet and bis dream, his garment and. his pillow; in short whether the Parson was eating or thinking, dreaming or' preaching, it was all me same; he saw nothing, saia nothing, thought of nothing,' but beef. beef, beef !The disease, innocent at first, became at last malignant; it excited all his sympathies, and he vowed by his holy hatred of persecution by his love of Christian charity and forbearance- i i . t i i e .ii, r t . - i - oynis aonorrence oi an siniui appeuies in the poor by his reprobation oi ail luxury outoi the pale ot the .Church that he'd grind the devoted Teef eater to the dust! If he relented but for a mo ment the mutilated round swam across his memory, and with it came, the train of ita perfections. '"Oh, it was a round tit , for ' a Rector Y appetite ; round the very Corporation might have envied a round sto bid .defiance to'; the whole Common Council, after a fast-day ; The round yras a picture for punten to study, The &t was so white, and, the lean was o And then his Roman Indignation burst into soliloquy " I'll make an example of the miscreant;. I'll make it fljfcity bu siness; I'll ' have the monster tried at Hick's Hall; I'll retain a Judge to pro secute him; the deputy recorder shall prosecute him; I'll go further, the Court of Aldermen shall be on the bench, and he shan't havie e v en a chance, for I'll have him indicted five minutes l)efore dinner; the rascal shall become a perfect Pytha gorean, and take a distaste to the whole animal creation; (Laughter;) even In Botany Bay he wo'nt have the hardi hood to look a Jiullock in the face.'' (Continued laughter.) ' , . m tar this may appear a jest, ana as such so far yon see I have' not been un willing to treat it. But what Will you say when I tell you that ,: ,he actually put it into practice? What willf oU say when I tell you that he took three whole days to deliberate, and then, though the poor man returned to his garden to his daily work as usual, actually had him arrested on "a charge of ;felohy! Ye"s, when the poor peasant wjth all the-bold-ness natural to innocence, day after day presented himselt belore him; when he was Denaing in, ion over me . siugjnsn soil of its more insensible proprietor, he had him arrested on a charge of robbe ry!' And who did this? a man of wealth; a man of God! the yery "Dives" of the Bible, ' taring sumptuously every day," and grudging to poverty evert the crumbs from his table! Who was the Magistrate before whom he brought himf A ber eeant-at-Lawr his own father-in-law! the son-in-law accused, and the father in-law committed him; and, indeed. they were right not to let the glory ol the achievement go our. pi ine lanuiy, Lnaaine, Gentlemen, you behold th( spectacle; the Parson swearing to the complexion of the 'penny worth; tlie butler endeavoring to coax him into rea son: tlie cook maintaining the inviola bility of tlie larder; the Sergeant threat ening to bundle her out of , the office, until at last, amid the Babel ot the con test, and the alternate ascendancy ol " beef !' v" Church!" " Newgate!" and " Botant Bav!" he vns confined to five hours imprisonment by these twin or naments of Law and Divinity ; At length his friends heard - of his situation: he was then necessarily ad mitted to bail, and bound over to-.iet his charitable " Paster and Master'fat j the Sessions. Let us pause here, Gen- Veuee, and reSrcf en the t'uilroo of my cheat during the interval,' Turn ed oat of his service en a charge of r'b--bery; that' rubbery the rotary of his master; suable to procure employment under tlie doubt; UKgpL to expend the last alullinj of hie little savinr-st amount ing to SO pound,' to proration fur m ietence; with many weeks before Ids innocence could be vindicated, and with the certainty 'that even, in' case of j an acquittal the fact eChis having been tried would cling o him forever; weigh these sufferings of a poor man, and an innocent mail, and then" say' what a rich man & a guilty man should pay for their infliction. - The interval, ho wyer might have had its value it might, have; awa kened in the.prosecutor some tompunc t'ons of humai. ,j; did it do so? "ho; for four weeks did ha brood". oyer tlje ser pent egg ofhis rtalignity: for tier weeks, night -alter tfght, did he lay his head npon'his pillow, affef praying to the Al- migniy sucn men ever prayi jo ne forgiven in the terras bf his own forgive ness! l will tup pose tor a moment tlie worstagainst my client; I will cuppose that this charge might have been true, and that the poor man, goarded by hun ger, ana , lempieu oy opportunity, naa taken the rich man's beefH "y due one penny;" ought he not,' as a Minister of tlie Gospel, to have forgotten, and for given it; ought he not as a- man, to have . " . . - - A ft . ..1 1 1 utanacu uie rower xnai piacea nim above temptation, and dropped a tear for the n nfortunate? But, when it was false;' false on the very face of it; adopt ed upon grounds which even a drivelling idiot would have discountenanced, and stubbornly " nersevered in against the combinedoaths ottverr one consulted, in the what terras shall we express our aisgust ana inaignauonr , At length the long expected Sessions came at ten, to a moment, the Parson was in attendance; day after day he mis sed hot a minute? and at least for half their perrod, upou the steps of the prison-house was this sleek emblem of orth odoxy to be seen, elbowing. the thieves and convicts as they passed, andpious- iv preparing to auu an innocent man to their number..' He was saved all trou, ble in procuring his attendance;' he sur rendeu himself at once, .not attended merely by his bail, but by the indignant crowds who had known him from his in fancy, andwfio now pressed forward to attest the 'industrious honesty of his life. .. The, cause was -called on, "and without compunction did this Reverend Clergyman, upon no other grounds ex cept those i have, stated, depose to a charge of felony against my Client! His wealth; his rank; his charactef; his sacred station; all were thrown into the arnlo ao-ninat flm nnnr man. Vh( mattered it that he had risen to hidus-T try with the morning sun, and that, its Dngniesi nopn couia not reveai a specu upon his character! What mattered it that he had 'smoothed the sorrows of a parent's age! There stood a minister of the Gospel; a man whose functions placed him above suspicion; there he stood, with' the very book in his hand from which he should preach the for giveness of injuries, burning on my Cli ent the brand: of en ungrateful felony! Awtul to the poor man was- that mo ment bis country, his liberty, his cha racter, (the poor man's only wealth) at hazard, the little world in which he liv ed; all were the witnesses of his shame and degradation. If he were convicted, the utmost penalty of the law must have r alien unon him. and lallen lustlv. be cause to the civil crime a breach of trust Was added; even on an acquittal pains and penalties must have followed; the expense he was put to! a. fearful issue! but what did it signify to this follower of tlie Apostles! -The poor man might have rotted in a dungeon; but be had a splendid palace in which to not. The poor man might have tossed upon his bed of straw; but he had his silken can opy and his, bed of down, TJie Poor man might have traversed the returnless ocean; but he had the luxuries of life a round him; the hoarded coffer and the groaning board to some souls, the poet tells, afford ample compensation for tlie scorn oi manicina. Gentlemen, do I use strong language? I am not ashamed to do so in this rascal ly transaction Imeannot to use mea sured laMduage.- Tho' when I meet a minister ot the .Uospel with the patent of his election stamped upon his life; humble amid the homage which his me rit gains him; poor like the, dying Fene lonfrom his charities; pious,: not in his preiching, but in his acts; a link as it were, between the earth, which he, in stru cts, and theheaven to whichhe leads, teaching the happiness ot the. one and tipifying the purity of the other; though I can at! ire such men even in my in most heart, yet 1 will pot extend nv reverence to that vermin sanctity whit' burrows its way is 'er the foundation of the temple, and tuts the bre -! f the shrine it bas endangered. C I atel scarrVTy U n yvt t'ue riilt tf theprosect. n. Thepr -utorswore, as tniht liva been er., .?d.to Vac identity ef tha.becf; l t .c iJni-ry rf the bread) aud afwr sillii!uni l.; f ,!l , claim to the pennyworth, he ri ;l ' up his household to corn4 a'e l.'.-.tu', 0::a of tliem has becnturnpj o !tof IU er vice since, the other hi a ec 1 r -"-.' rupity to day,' What they b ore J' I Uie it Itr p-anted Ihey l! s r new; and U they t!tS 1 :. ty an? u,;m i f eotHclence te say that this man" Lad any just ground for his prosecution, recol- , , lectin.-as yen wilr that all waa njcaled to bin before the Session, nar, ' : before 'the wrest... What was the re- V iult? the Jury rose indi-cnanfly, inter posing between the accused and 'the v mortincatioaof defence he was at' once acquitted. ; - ' "t, ;.FariKa ViaJ'i , departed,' happy, I - v would have supposed, in the escape of ia '-i ; nocence,if hehad.sinceofi'ered the slight est cqmpenJaUon if he had even ten- 1 dered tlie expenses to which his caprice had put my client; but he has not done - r so; 1 choose again to "come before tho V public, ugain to aieet, I trust, the merit- f edw rebuke of an honorable jurj. The only point in which such a maacanie made toleel is his purse, and I hope it ,:n !. i , ... , . J . i aunsvue ujeneu mO: Claims OI the' poor. , Tlie trial .over.: bit client . ,. and his prosecuUc bot departed, the miv v ms luruiy mansion, me otner to hishome of cesoltionhthe one 'ex- ' cimio$ p'jptdout'iju tiiululf the other' ruminating on all the taroes to wJuch- poverty i subject, and jhe" wickedness ? , which , may thrive even under a conseV ' crated garment. f t f f , , j- The.day ef, retribution, however, is at last arrived & at yhur, honest handa j vuiiuucuu; ciunn ijlrj ciaira jt, not merely for expensesincurred or iin. prisdnment endureoVfor character tn' , volved-j-or oppression eercTseil but I claim it in addition, -for he agony of mind which the plaintiff musf: have suf.; fered when he saw himself attainted be. . fore, the world as; a fellon.'. But if I'r wanted an aggravation ' in this base, dp;" I not find it in the station of the deLn ' ' dant in that education which should have . ' ameliorated his heartin that wealth, r .4' ; of which, as,CIergymani he wasbutihe mraoneroi neaven in tnatacre(t ot f ': fice- which "should have pressed on Vim' ' tee assumption of benevolence? What V would the world say, and naturally say,, V ,' when they - saw- such prosecutor?4 , ' Would they not aayV' mat glaring! in-, ; deed must have been the guilt which t, rceu mm . 10 uepose 10 u. vvouia ' . ley believe that it was x assumed upon le grooiids too ridiculous for credulitv? 7-grasped at, at first, with a 'disgraceful . promptitude,, and afterwards pursued, with as disgraceful a preseverance, ot -un bv a kind of. family rrriviimprit; dragged before the public against an evi... dence egainst the impossibility bf ac- v cess against i the 3milarity of;the : article against th tszzzipm tesumo y"of every witness V'r vk amined. Gentlemen of the i'usti7Mrs' 'vy6 ! this case to you; if '"t 4n''-'-' -T.S should be accused-' i': ar-K.- xpeose accumulate -Mi mCc3v :t.fe;-? endared,'and.-:felony't;f.ij'. fit nil nrid lilraa fnoaaiamiad "' 1 1 . . '- "il' pm vMvara7 eaat.v aaivLr -hli in I U 131 n V fi.-i . -j-. t butnf you hold proBity in H f f s though clothed with rags and oppiv biuii ut nurrur, mougn . it oe robed irr lawn 1 call on you to say so b) your conscientious verdict.' ' j. ; , The Juryv instantly returned a ver. diet for' the plaintifl Damages Fifty " Pound. - , Jr ' i ' WILD WOMAN. " ' Exlrytt of private letter from Madrid, ' - . uee. awn. ; " A truce to Dolitics for one ilav. n" ' let us sympathize with the cha rminw fair ones of Madrid, who are dying to see the.wild woman that haslatelv been fqund in the Sierra de Montero, a deso ' late and rude range of mountains in the south. - She had been seen occasionally ' by the goatherds as they wandered thro' the mountains. The tale, at length, reached CprdoVa, and the authorit ieg sent offlceri in pursuit of her They succeeded in apprehending her, and she is now in "one of the public hospitals of ' lLf.:. i. CJl.-. i I -li.. -,L Mint viy . one 19 noi aiiogeiner uesa tute of understanding, nor ignorant of language, as she can say a few , words, such Ai pepa papa, tato, a cat, combo, the country, and some few others. When she wis asked if she . would like to return to the country, she boded her head in'theallirmative. She eats what ever.is giyento her.'butp'refersuncook- ed meats and vegetables, . In the be ginning cooked victuals did not agree with her, and made her sick; she eats with tut extraordinary' apj-etite. Her cloaths appear as if they were placed on a stick; her arms were tied, bi cause' she w fcr tearing her shoes, in Kjnte of ev v - a that was taken to prevent her i Inies she has thrown pi . !l her ; " J, an4 runs out uite f-aki I. ' 1 4f4'.
The North-Carolina Star (Raleigh, N.C.)
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April 11, 1823, edition 1
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