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Morn. Chron. April 29, 1820.
"Contempt of Court.
"The Attorney General, then addressed their Lordships, but
"in so low a tone as to be nearly inaudible by the audience. We
"understood him to state the circumstance of Mr Clement, of
"The Observer, having been ordered to attend the Court that day,
"and to move that that gentleman should now be called.
"The Officer of the Court called Mr Clement three times at
"the door, but he did not appear.
"The Lord Chief Justice Abbott—Let the Affidavit of service
"be now read.
"This was done by Mr Shelton, after which
"The Attorney General observed, that Mr Clement could not
"pretend ignorance of the order to prohibit the trials being
"published; for it was inserted in the very paper which, contained
"the account of the trials. There was no doubt that
"this was a flagrant contempt, and he called on their Lordships
"for their decision.
"The Learned Judges consulted a few minutes; after which;
"The Lord Chief Justice of the King's Bench said "No man can
"doubt that the publication of the trials in this paper was manifestly
"intended to obstruct the course of justice. It is desirable
"that the Gentlemen who are to act as Jurors, in every case should
"come to the consideration of that case with unbiased minds. At
"the commencement of these trials it was requested by the Counsel
"for the prisoners the each of the witnesses should be examined separately,
as it was expected, and very properly expected that this
"would prevent any collusion from taking place between them
"by hearing what each other had said. Unfortunately, I am sorry
"to say, this publication has afforded them the means of availing
"themselves of the testimony of others had they chosen to do
"so, and of thereby giving full confirmation to the evidence, That
"such a publication would have a mischievous tendency the
"Court could not doubt, and indeed where is the man who
"could doubt it? and therefore the Court, in issuing the injunction,
"expressed itself in the strongest terms as to the
"impropriety of so acting. With that injunction the Editors
"of all the daily papers, and even all the Sunday or weekly
"papers, have, much to their credit, paid a due and submissive
"obedience. But this paper (The Observer) alone dared to violate
"the order of the Court, no doubt existing in the minds of
"any one that the Editor was led to do so from the hope of
"the profits which would accrue to him, from his being the
"first person to gratify the public with an ample detail of
"trials. Besides his wish, seems, I think, to have been to engross
"to himself all the profits which the other Editors ought to
"have obtained who had so properly obeyed the order of the Court.
"He was ordered to come into Court this morning, but as he
"had not appeared to answer, or to apologize for his conduct,
"and thereby has subjected himself to that imprisonment
"which the Court would have certainly assigned to him, it
"is our duty therefore to mark our opinion of his conduct
"by declaring that the judgement of the Court is, that he
"do pay a fine of 500£ to the King.
"Their Lordships then quitted the Bench, after which
"the ordinary business of the Sessions proceeded.
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Morn. Chron. April 29 1820 / Contempt of Court |
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