that she stood there with reverence, but without fear. Fear, indeed, was the inseparable concomitant of guilt, and of any offence in a moral view her conscience entirely acquitted her. She did not appear there personally from any feeling of presumption, but from her inability to procure counsel. That inability was caused by a debt due to her brother, which the plaintiff refused to pay, and her own disinclination to encroach on the comforts of a widowed parent. She might be indiscreet, but she was not conscious of criminality. It was the first time that she had ever entered a Court of Justice, and no person could entertain a deeper sense than herself of the excellence of that enlightened system of jurisprudence which was established in this country. The prosecutor would, however, derive his chief advantage from her ignorance of the law, for she could only take the plain and simple ground of denying the falsehood and malice charged in the indictment. With the permission of the Court she would now read a passage from Lord Ellenborough's address to the jury on the trial of William Cobbett. [Here the lady read an extract from the reported speech of the Chief Justice, touching the license of discussing the character and conduct of men in public offices.] The main point on which she rested her defence was, that Mr. Gurney was a public officer, and that she, and every other subject, were entitled to examine his conduct in that capacity. She was fully prepared to prove the truth of

every statement contained in the published letter.

Mr. Justice Burrough. That the law of the land does not allow you to do.

The defendant proceeded, expressing a hope that she might at least be allowed to prove that the publication in question was no libel. The jury, she trusted, would not be induced by any legal sophistry, to sanction a principle equally adverse to religion and to morals-that truth could be a libel. It was the doctrine not of the law, but of the abettors of tyranny, ever vigilant to enslave mankind. Vengeance, not the vindication of character, was the unworthy and unmanly motive of the prosecutor. Had he been actuated by a better feeling, he would have brought his action, in which as a lawyer he must have known, that evidence might be produced with regard to every fact stated in the publication. He had, however, adopted the cowardly resource of indicting a female for an act tending to a breach of the peace; he hinself having, not long since, been sentenced to six month's imprisonment by the Court of King's Bench, for a positive breach of the peace in horse-whipping the present Solicitor-General. The statement which she had sent to the editor of the West Briton referred wholly to the official and public conduct of the prosecutor; and with great submission to the Court, she apprehended that the conduct of every person in a public station was open to public examination. This position, as she had before stated, she had

the

the authority of Lord Ellenborough in maintaining.

Mr. Justice Burrough.-Lord Ellenborough never could talk such nonsense, or assert that a man in a judicial office, may be charged with bribery and corruption by any person who thinks proper to publish such a statement to the world. I am sorry to see you transgressing the law at every step, from a false notion of moral right. Many gentlemen at this bar would have been happy to assist you, and would, I am sure, have advised a very different sort of defence.

Miss Tucker continued, and begged leave to read a clause of the act of the 32nd of George the Third, by which the jury, in a case of libel, are empowered to give a verdict on the whole matter, and on the general issue of guilty or not guilty.

Mr. Justice Burrough. This act was never construed to enable a defendant, upon an indictment, to justify by proving the truth of the libel.

Miss Tucker proceeded, and remarked, that the essence of the indictment consisted in the evil tendency of the publication. This tendency she was prepared to show was good, and would contend that resentment might exist without malice. The celebrated Mr. Locke had quoted an expres. sion from St. Paul to this effect -"Be ye angry; but sin not." If the law of libel really was what she had heard it interpreted to be, a new system of ethics ought to be prefixed to it. No lawyer or legislator could intend to punish where there was no malicious motive or intentional

provocation. The falsehood and malignity were all on the other side; and she hoped no legal sophistry would induce the jury to convict her of an offence where her object was meritorious.

Mr. Justice Burrough then charged the jury, expressing his decided opinion that the publication in question was libellous in the highest degree.

The jury retired for about half an hour, and delivered a verdict of Not Guilty at the Judge's lodgings,

COURT OF EXCHEQUER,

Imitation Tea.

The Attorney Generalv. Palmer. -This was an information filed by the Attorney General against the defendant, which charged him, being a dealer in, and seller of, tea, with having in his possession a quantity of sloe-leaves and whitethorn leaves, fabricated into an imitation of tea, whereby he forfeited 10l. for every pound's weight of such imitation. There were other counts charging the offence differently, to all of which the defendant pleaded not guilty.

Mr. Dauncey stated the case to the jury, and observed that the universal use of tea made this question of universal importance. It was lamentable, to think, that in this great town there were persons who were in the daily habit of selling deleterious drugs, under different masks; and that while the public were imagining they were drinking at their meals nutritious beverages, they were in fact swallowing a slow but certain poison. They had already

heard,

heard, during the present sittings, that those who supposed they were drinking coffee were deceived, and were in fact drinking neither more nor less than an infusion of scorched peas and beans. This they were told was in itself harmless, and he believed, at least, there was no mixture of unwholesome ingredients. Not so in the present case, for he should prove that the most pernicious drugs had been used; and it was clear that all ranks of society, whether male or female, were alike exposed to their effects. The defendant, Mr. Palmer, was a grocer, and had no doubt reaped no small advantage from his nefarious traffic. It would appear that a regular manufactory of this imitation tea, as it was called, was established in Goldstone-street, and he should call a witness who would go through the whole history of the transaction. The parties by whom the manufactory was conducted, was a person of the name of Proctor, and another person named John Malins, the son of William Malins, carrying on business in a place called Northumberlandalley, Fenchurch-street, professedly as a coffee-roaster. These two persons engaged others to furnish them with leaves, which, after undergoing a certain process that he would describe, were sold to and drank by the public as tea. The parties gathering the leaves, which were of the white and black thorn tree, were paid at the rate of 2d. per pound for the produce of their labour. These leaves, in order to be converted into an article resembling black tea, were first boiled, then

baked upon an iron plate; and, when dry, rubbed with the hand, in order to produce that curl which the genuine tea had. This was, in fact, the most wholesome part of the operation; for the colour, which was yet to be given to it, was produced by logwood; whether this was an injurious ingredient or not, he did not know, but he believed few of his auditors would willingly drink an infusion of that dye. With regard to the green tea, that was manufactured in a manner more destructive to the constitution of those by whom it was drank. In this part of the business it appeared that the leaves, after having been pressed and dried, were laid upon sheets of copper, where they received their colour from an article known by the name of Dutch pink, some of which (a powder of a yellowish hue) he held in his hand. One of the component parts of this powder he understood to be white lead; but to this he would not pledge himself. The other article used in producing. the appearance of the fine green bloom which was observable on the China tea, was, however, decidedly a dead poison! He alluded to verdigrise, which, it appeared, was added to the Dutch pink in order to complete the operation. (A feeling of horror seemed here to pervade the whole Court.) This was the case which he had to bring before them; and hence it would appear that at the moment they were supposing they were drink. ing a pleasant and nutritious beverage, they were, in fact, in all probability drinking only the produce of the hedges round the metropolis,

metropolis, prepared for the purposes of deception in the most noxious manner. He could not be accused of a desire to inflame the minds of the jury by exciting their private feelings, because no end could be gained by such an attempt. He went for positive penalties, and the verdict could be given only according to the limits of legal enactment. He trusted he should be enabled to trace to the possession of the defendant 80 lbs. weight of the commodity he had been describing; and if so, he should entitle the crown to penalties amounting in the whole to 8407., a sum by no means large, when compared with the enormity of the offence.

Thomas Jones deposed, that he knew a person of the name of Proctor, and was employed by him at the latter end of April, 1817, to gather a quantity of black and white thorn leaves. Sloe leaves were the black thorn. He also knew a person of the name of John Malins; he was the son of William Malins, a coffee-roaster, in Northumberland-alley. He did not at first know the purpose for which the leaves were gathered, but after. wards learnt they were to make imitation tea. Witness did not himself gather more than hundred and a half of these leaves; but he employed another person, of the name of John Bagster, to gather them. After the leaves were gathered, they were first taken to his house, and afterwards to Mr. J. Malins', in Goldstone-street. He was to have 2d. per pound for gathering them. In Goldstone-street they were manufactured. They were

a

first boiled, and then the water was squeezed from them in a press. They were afterwards placed over a slow fire upon sheets of copper to dry; while on the copper they were rubbed with the hand to curl them. At the time of boiling there was a little verdigrise put into the water (this applied to green tea only). After the leaves were dried, they were sifted; this was to separate the thorns and stalks from them. After they were sifted, more verdigrise and some Dutch pink powder were added; this made them resemble green tea, and the work was finished. The Dutch pink was a hard substance, and was scraped with a knife; he did not know its component parts. It was shook up with the tea; and, together with the verdigrise, gave the leaves that yellowish green bloom observable genuine tea. They had no particular name for this process, except giving the bloom. The black tea went through a similar course as the green, except the application of Dutch pink; a little verdigrise was put in in the boiling, and to this was added a small quantity of logwood to dye it, and thus the manufacture was complete. The drying operation took place on sheets of iron. Knew the defendant, Edward Palmer, who kept a grocer's shop in Red Lion-street, Whitechapel. He took some of the mixture he had been describing to his shop. The first time he took any was in May, 1817. In the course of that month, or the beginning of June, he took four or five 7-pound parcels. He did not see Mr. Palmer, at the time he took the

on

parcels,

parcels, to his recollection. He saw him at other times. He was not paid for the mixture on delivery. He received some halfpence at the defendant's shop, for which he had been sent by John Malins. It was not said what this money was for. Did not believe the defendant gave him the halfpence: to the best of his recollection it was a young man in the shop. John Malins sent witness to the defendant for some paper bags, and other paper and string. He then saw him, and received from him the bags and paper. These bags and paper were to put up the imitation tea. He afterwards delivered these bags, filled with the imitation tea, at the defendant's shop. Remembers subsequently taking a quantity of the imitation tea to Mr. Malins', in Russell-street. It was sold to grocers at the west end of the town. When he took it there, it was taken up to the top of the house. Of this first quantity he took none to the defendant. He afterwards carried some more to Russell-street, which was also taken to the top of the house, about one hundred weight and three quarters; from this quantity he carried 53 lb. weight to the house of the defendant's porter, by the desire of Mr. Malins, as the defendant did not wish it to come to his house; it was in paper parcels at 7 lb each.

Cross-examined. He was first employed by Proctor at the latter end of April, 1817; the leaves were then coming out; he was ordered to get as many leaves as he could, and employed Bagster to assist him. Was not told what

the leaves were for till a month after; Proctor told him in the month of June. He was shown the way to make the fabricated tea by Mr. John Malins and Mr. Proctor, and was ordered to assist in the manufacture. Was engaged in this way two months or ten weeks. They made a great many pounds in May. It was common for grocers to sell bags and paper; witness was not told by Mr. Malins what the bags were for, which he got from the defendant. He had no conversation with him on the subject. He could not say how many bags he got: there might be 50. It was in May he took the parcels of tea to the defendant's house; part before and part after he got the bags.

On being re-examined to this point, he said it must have been after he got the bags that he took the parcels; it was a mistake when he said part before and part after. When he carried the parcels, he saw a young man in the shop. Did not know his name. He might be about twenty years of age. He was middlesized, about five feet high. He saw Mr. Palmer afterwards in Northumberland-alley. He did not then tell him he had taken the parcels of imitation tea to his house, or have any conversation with him. It was in August or the latter end of July he took the 56 lb. to the person whom he described as the defendant's porter. He had said that he was not paid for the tea by Mr. Palmer. Thought the halfpence was part payment, but was not certain, The porter lived in Boundarycourt. James Malins told him he was Mr. Palmer's porter, and

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that