11th May 1840
Reference Numbert18400511-1464
VerdictGuilty > unknown
SentenceImprisonment; Miscellaneous > sureties

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1464. JOHN CLEAVE was indicted for a libel.

MESSRS. ADOLPHUS, GURNEY, and BULLOCK conducted the prosecution ALEXANDER KERR. I am the one of the Metropolitan Police. I know the shop, No. 1, Shoe-lane—the name of Cleave is on the door—it is a book-seller's—I went there on the 3rd of February last, and asked for' Haslam's Eighth Letter to the Clergy of all Denominations"—I saw the defendant in the shop—I saw his daughter in the shop—when I asked for the book the defendant turned to the young woman, and calling her Emma, told her to serve me, but before she did so, the young man in the shop served me with this book—this is it—(producing it)—I marked it when I bought it—the defendant was present when I was served—I paid 1d. for it. On February the 11th, I went again to the same place, and asked if they bad got the whole of' Haslam's Letters to the Clergy"—I saw Emma there, and the young man who served me on the first occasion—I did not see the defendant—I asked if they had got the whole work—the answer was they had not—I said I would take all they had got, meaning the numbers of the whole work—Nos. 1, 3, 4, 5, 6, 7, 8, 9, 10, 12, and 13, were produced—I marked them all—(looking at them)—these are them—I bought them, and paid for them—I have Nos. 5 and 13 here, which have been selected from the rest—I marked them also.

Cross-examined by MR. CHAMBERS. Q. You say you saw Mr. Cleave's daughter, do you mean you were personally acquainted with her or Mr. Cleave? A. I have seen Mr. Cleave on many occasions, and therefore know him personally.—I knew it was his daughter by his speaking familiarly to her—I said nothing to her—it was merely from his saying Emma" that I thought she was his daughter—I knew it was Mr. Cleave's shop by. seeing the name over the door, and I have seen him in the shop on former occasions, and I know him to be Mr. Cleave—I do not know the landlord of the house—I do not know if any inquiry has been made about that

Q. Am I to collect that it is simply from' Cleave" being over the door, and his acting in the shop, you presume the shop is his? A. Yes—by acting in the shop, I mean serving customers—I do not know the young man—I do not know his name—the shop is not on my beat—my beat is in the F division—we come as far as Temple-bar—I was not in my police dress when I purchased these things—I came from the station-house—I was sent by the Superintendent—I went to the Treasury, and was empowered by Mr. Maule—I believe I saw Mr. Maule—Haslam's Letters were taken from a shelf behind where the young man stood—it is a small shop—I have seen it frequently—it is full of penny publications, and things of that description, which laid on the shelves principally—I did not see any of Haslam's Letters in the window—I cannot say that I noticed the Penny Gazette—I have seen Cleave's Penny Gazette—the first time I went was between three and four o'clock in the afternoon—I think there was one other customer there—when I asked for the book it was between four and five o'clock—I did not take out a book when I asked for the Letters, nor had I a memorandum of what I wanted—I had it in my memory—I had never seen them before I went to buy them—I had heard of them—I have read

numbers 8, 5, and 13 through—curiosity induced me to read them—they have not been read at the station-house—they have never been seen there—I cannot say how long it took me to read one—I read them at different times, just at my leisure—when I went the second time the young man served me—there was nobody serving but the young man—a person came in at the time—the girl was in the shop—I judge there was a good number of publications for sale, from what I saw on the shelves—there were many thousands—it was not full up to the ceiling—they were not half up to the other shelves—the things were piled up in different places—there were different works on the counter—I know nothing of the course of publishing; (The libellous matter contained in the publication alluded to was of too blasphemous a description for publication.)

GUILTY .— Confined Four Months, fined 20 l., and to find Sureties for his good behaviour for Two Years.

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