Star. — London, England, 1819-10-06 00:00:00

~'~ i ~~' ; •~ • N l' 4 16 RN,. . THE. EVENING STAR. • WEDNESDAY, OCTOBER 6, 1819. THE FUND& TRIGS Of STOOKS THIS DAT AT OYZ 0 4 CLOCZ - Bank Stock shut 3 per Cent. Reduced shut 3 per Cent. Consols 70i 3 1 } per Cent. shut-4 per Cent. shut Imperial 3 per Cent. Anna. 691 5 per tent. Navy 1034 f India Bonds 7s. pre. Exchequer Bills (2d.) 5 7 6 dis. Omninm, Money, Consols for Acct. 701;14 We continue this day our account of the proceed ings of the Inquest at Oldham. We stated yesterday that the Law of England gives admission to every subject into any open Court ; that a Coroner has no more right to question any person as to his motives for attendance, or to restrain him from Note-taking in the Coroner's Court, than he has to question a man on the King's high-way, or to prevent him from writ ing notes of his journey ; that the bare emission of evidence from the mouth of a witness is the actual publication of that evidence, all England being virtu ally present to hear and weigh the evidence by its sworn Jury ; that therefore any mandate to News papers not to publish the proceedings till the investi gation be terminated, is illegal and absurd;—illegal, because all England has as good a right to hear the evidence as the Coroner himself ; and absurd, because the evidence must have been already published in Court before any Note-taker can commit it to writing; and because the Editor of a Newspaper is not the publisher of the proceedings in such a case, but only lends his aid to circulate, by a re-publication, what all England ought to be made acquainted with. The unconstitutional doctrine which we now op pose, has been maintained by men who would yet be considered as sound Lawyers's it has, on more than one occasion, been given out in the shape of mandates from the seat of Judgment, by men, who, from their situation and profession, must know that it is con trary to the Laws of the Land. It is high time that such iniquity should be constitutionally opposed, and the birth-right of Englishmen—a Free Press, be fully vindicated. Having witnessed the exertions made by some of our meritorious contemporaries to furnish England, though at a great expense to themselves, with the earliest and fullest account of the proceedings before the Inquest at Oldham—exertions which (owing to the circumstance of their being able, at Knutsford, to overtake a Liverpool coach, which reaches London or night, in time for their towuin publicaLlem,) ena bled them to anticipate the pdblication of any Even ing Paper; and, having observed the indecent, as well as illegal interference, to prevent the Reporters for these Journals from taking notes, we thought that it was imperative on us to lend our aid to have all the points of this assumed authority brought before the l'ublic, with a view to any ulterior proceedings that may be instituted. The question concerns ills England, and we are confident, that the Independent Press will obtain due credit with the Public for the exertions it has made to vindicate this remaining bul wark of our rights and privileges as a free and inde pendent People. The only point in which our contemporaries, already alluded to, have, in our opinion, erred, perhaps from xrant of time for due consideration, was their com pliancy in answering most rude inquiries—(rude, be cause they would not be permitted elsewhere)—re specting the n.tmes of persons attending an open Court, and the objects for which such persons may be taking notes of the proceedings. We wished to bring to the test this point, namely—Whether the - - - _ Oldham Coroner would venture to exclude from the Court, any Gentleman, for -merely refusing to an swer the impudent questions--" What is your name, Sir?"—" What Paper do you attend for?"—And a Gentleman, every way competent to meet any such attack, most readily agreed to take a journey to Old ham, for the purpose. It will be seen from our detail of the proceedings that this Gentleman would not and did not gratify the Coroner, in answering any one of his impudent .extra. judicial interrogatories. He was not however allowed to take notes ; but the Coroner did not •en - exclude him from the Court for refusing to his curiosity, either as to his name or as to his in taking Notes. He gave his name, however, till he had obtained the name of the Offiter loin he was assaulted, and had received per )n to remain in Court. So far the object of this .man's journey has been accomplished, and here ,p this affair for the pre s ent: but, before we ide, me beg to offer a brief for the use Oa cer !gal Gentleman. " who cannot carry his law to the Court." We put it into as little size as le, that he may be able to put it into his 'book. A BRIEF RESPECTING CORONERS. ,ccording to Sir Ed. Coke, in his second Institutes, a Co should be. Probus homo ,2. Of sufficient understanding knowl , :3. Zegalu homo :4. Of good ability and power 'l.• Ills office: 5. Diligent in executing it. the Common Law does not only require expert men to Coroners, but men of sufficient ability and livelihood for three rposes, viz.:-1. The Law preimet they will do thoi; duty specting Court, a be takin t i ' bring to Oldham R Court, a . swer the 4 1 ' Sir ? " .... 4 i . 1: . Gentlest) attack, r . i - • ham, fo It wil '. that this I' l l, ' the Con . .4extrA.ju , ttllowed i • [ l . 1 t s te nt r i e to sfyl object ii but not by who: mission ! i G i weendtlreoni concluc t ain leg 4 • books ti possible pocket-1 i . I 4 A ccort rnoser allot and know to exeLiti And tb . be COMIII parposes, I f. rays fairly, and. impartially, for love of justice, their minter and fear of rmidltment, whereunto their lands and goods be subject:-2. That *cried,* be above bribery :-3. That they may be able to answer the King in all such fines as appertain to him, and to discharge the' County. thereof, wherewith. • County, being their electors, Were chargeable. In case of death of a person, he must view the body, and if buried, hem* by 2 R. 2.2. have it taken up again, and he is to road the names of those who buried it. By 4 H. 7.18. if it hash been deceased, •r lain so long that it .cannot be adjudged bow it came by its death, the same must also be nemesied by the Coroner, that his negligence may be punished at the coming of the Justice. of Assize into the Coun ty ; for the town where the neglect or ill managemkst was, shall be grievously amerced upon the sight of the Coroner's Rolls. If the Coroner be remiss and negligent In coming to execute his Mice, he shall be amerced. Sir Thomas Smith, in his Commonwealth of England, cap. 24. says, " The imponnelling of the Inquest, and the view of the body, all the siring of the verdict ismotnionly in the street, ix AN WAN rests, and in corona popull, because the Prince accounteth that his strength, power, and crown, doth consist In the force of his people, and the maintenance of them in security and tran quillity. The Coroner is to direct the Jury to inquire of the Accettarim, and they are eight in number, viz. 1. Those who command. 2. Those who conceal. • • 3. Those who allow and consent. • 4. Those who see and could prevent it. 5. Those who help and are in the force. 6. Those who are partners in the gain. 7. Those who knew thereof, and did not interrupt -or hinder it, by forbidding. 8. Those who knowingly receive such offenders. Trial by Jury in criminal cases is more peculiarly the grand bulwark of the liberties of every subject of Great Britain. Our Law has IMICLY and szeacutttv placid the twofold barrier of a presentment and a Trial by Jury between the Liberties of the People and the Prerogative of the Crown, It has with excellent forecast contrived that no man shall be called upon to answer for any capital crime, unless on the preparatory accusation of twelve, or more, of his fellow-subjects; the Grand Jury ; and that the truth of any accusation shall afterwards be unanimously confirmed by the suffrage of his equals and neighbours indiffer ently chosen, and superior to all suspicion. So that the Liber ties of Englishmen cannot but subsist so long as this palladium remains sacred and inviolable • unwed bit the power of the Mo narch, and unstained by the weainest or wickedness ef those who are I called upon to exercise this invaluable prioilege.---Jacob's Law Die tionary, by Tomlios, Art. Jury IV. 1 1. Cozener—a very ancient officer, mention is made of him in King Athelston's Charter to Beverley. 2. He always was, and is still, chosen by die Freeholders, in the County Court. 3. By Sm. Westminster, 1. 3. Edward I. c. 10. a. d. 1274, none but lawful and discreet Knights should be chosen : and there was an instance in 5. Ed. 111. of a man being removed from the office because he was only a merchant. But it seems it is now sufficient if a man have lands enough to be made a Knight (which by the statues* de miiizaus,l. Ed. IL were lands to the amount of £2O per annum), for the Coroner ought to have an estate sufficient to maintain the dignity of his office and an swer any fines that :night be set upon him for misbehaviour ; for if he have not an estate sufficient to answer, his fine shall be levied upon the County as the punishment for electing an in sufficitnt officer. 4. By the Stat. De Officio Coronatoris. 4. Ed. I. St. 1. A.D. 1275, the Coroner is to go to the place where any person is slain, and summon a Jury nut of the four of five neighbouring towns, to make inquiry upon view of the body ; and the Coroner and Jury are to inquire into the manner of killing, and all the eircin sinners Oust ecea stoned the party's death who siert present s whether the dad person was known ; also all wounds ought to be viewed, and inquiry made with what weapons, &c. The Coroner must send his warrant for witnesses, and must put Into writing the effect of the evidence given to the fore y before hint. S. A Coroner's inquisition being final. Me Ccroler ought to ?war Comint emd eVidelOPl nos 4"10. 0. Saa. DO. 101. 6. The Coroner must admit evidence, as well against the Eing's interest as for it. But it has been held, that if a person be by another, and it is certainly known that he did •it, the Caro• ner's Jury are to hear the eridence ONLY von Tile Ktto y and in quire if the killing were by malice or withott malice.—Periker, Cuter J1:111CL—lb. Title, Coroner, and Blackstone's Corn. A llamburgh Mail arrived at a late hour this fore noon. It brings private accounts from Stockholm, which state, that on the morning of the 20th ult. the Ratification of the Convention for the arrangement of the differences between Sweden and Denmark, concluded under the Mediation of Great Britain, had been formally exchanged between the Plenipo tentiaries of the two parties. We have received letters from Trinidad to the 10th August, inclosing Orinoko Papers to the 25th July. It appears that the squadron under Admiral BRION left Margarita on the 14th of July, having on board ENGLIWI'S division, and 300 Margaritenians ; and that on the 18th the batteries of the Morro of Barce lona were taken by assault. The attack was com. manded by Colonel URSLAR, and he effected his object with the loss only of eleven men and two Offi cers. The city was afterwards occupied by the Pa. triots. Colonel URSLAR was left to act as Governor. Immediately after this operation had been completed, Gerreral URDANETA, Commander-in-Chief of the Ex pedition, ordered the army to be landed at Bordones, a place less than a league distant from Cumana. In this position they were joined by several divisions belonging to General Beamunat's army, and every preparation was making for a spirited attack. The Spanish squadron was blockaded by Admiraf Baton, in the port of Cumana, and the forts and town were soon expected to fall into the-hands of the Independents. The Duke and Duchess of CLAREIrci intend con tinuing their residence at Dover Castle for some weeks longer. Her ROYAL Htnistrass, of whose en lightened mind and amiable manners there is but one opinion, did not suffer, as was reported, by her late indisposition, so as to remove the hopes that at no distant period she may give an Heir to the British Throne.—Kentish Chronicle. A serious quarrel is said to have arisen out of the Carlsbad Conferences between the King of BAVARIA and the Elector of Huss ; the former having ob tained, at Carlsbad, the cession of Hanau, and the latter declaring that he will not give up a single vil lage of his territory. It is added, that in consequence of this difference, troops were marching on both sides. EUICTION os LORD•MA7'OIL--At the close of the Poll yesterday, the numbers were— Mr. Alderman Bridges' - 2771 Mr. Alderman Wood - - 1807 Mr. Alderman Thorp - - 1860 At one o'clock, this day, the nttcabers were-_ Mr. Alderman - Bridges - 148 • Mr. Alderman Wood 78 Thorp s - T 1 INQUS§T ON ZEES. OLDHAM, MONDAY, OCTOBER 4. TO THY.IDITOL. I am sorry to inform you, that the desire you so earnestly expressed of procuring what the Reporteri for The Times and Morning Chronicle had been in terdicted from furnishing—namely, a full and im partial account of the proceedings at this momentous Inquest, gas been completely defeated in that parti ticular point, by conduct, on the part of the Coao- Nut, still more illegal and unjustifiable, than any which he exercised towards the Gentlemen to whom I have alluded. Yon are aware of the independent principle on which I came down here to put to the test the arbi trary power which the Coroner has assumed. The Reporterst on whom the Interdict had been placed, had, in some measure, thrown themselves into the hands of the Coroner, by giving their names when asked, making admissions, and by grant ing pledges which the Coroner had no right on earth to exact from them; but it remained to be seen how thii Gentleman of " brief authority" would act on the point of Note-taking, towards one who had' made no admissions:—who had come under no • pledge—and who would present himself to exercise, without leave from any one, a right which, in a pai -1 lic Court, belongs to every one of that Public. The CORONER had, in justification of his interdict against The Morning Chronicle and Tinter, accused them of giving partial and erroneous statements of the evidence ; but it remained farther to be seen how l he would act towards one to whom he could make no such reproach—whom he would be able to accuse of nothing farther than the simple fact of using pens, ink, and paper, in , a public Court. This was the point to be tried; and in the trial yon will find ano• ther memorable exemplification of what is called law in this part of the country! I arrived on Sunday evening, and was startled at hearing, upon entering an Inn, that an attempt had been made the night before to murder two men. My sur prise was increased upon observing that the lower orders of inhabitants seemed to consider it as an ordi nary transaction. A little time, however, soon con- vinced me that habit was the thing that reconciled' the Manchester people to those awful scenes, which the jealous and searching eye of the Metropolis could never glance at without horror. The majority of the people in this extensive town are ignorant to an excess, which seems to impose an eternal silence upon them. If you speak to one beneath the appearance of a Gen. l tleman on the subject of Petersfield, he will stare you in the face, and shake his head with a motion which 1 seems rather the effect of mechanism than of life. I The appearance of a militity force adds to the me lancholy spectacle ; and the insolence of that body of illy:trio:4s Yeomen, whow gtotin you have been so industrious in recording, leaves the poor oppressed fathers of families nothing to hope short of an ever. lasting security against ineffectual labour.. The Re porters from the London Newspapers are subject to the insults of the Magisterial troops, who frequent the Coffee-houses in crowds, and who, when they see la solitary Journalist, curse the Papers and thole who write for them, in the most opprobrious language. Those who are exposed to the low rebuke of this contemptible band most carefully avoid all opportuni ties of retaliating, feeling sensible how natural it is, that beings who attacked women with children in their arms, should wish to obstruct any thing in the shape of man, knowing that that sort of animal has some times been of use in defending, and would on all occa sions defend the sex by every power of which thehand is capable, whether in its most vulgar or most power ful attitude. The fact is, the Liberty of the Press is now the only great means of protection to which the oppressed Manchester people look ; amongst whom the Laws of London are substituted by a singular Code, which, if written in characteristic colours, might be mistaken for those of the celebrated Draco• The business of this day is, perhaps, as worthy of your notice as any since the event which has stamped a character upon certain of his Majesty's loyal subjects. Upon going into Court, I saw some Gentlemen who are high in the confidence of the Proprietors of two of the most able and independent Morning Pa- pers in the Empire. Mr. Ross, of The Times, who had been a few days ago restrained by the Coroner, was sitting in the chair which he daily occupied since the commence ment of the Inquiry. He had his notebook before him, and was ready to begin the labours of the day, notwithstanding the stern interdict issued on Satur day by the Coroner, who, on entering, observed him, but said not a word. Mr. Asuworru, the Barrister, who seems to feel as much for the Yeomanry as the Lord Chancellor usually does for a ward run mad, or a great political calmnityr sat next to the Coroner. Batty Me Vulgar, who joked and bullied before his master arrived, was also at the table, round which 1 were two or three other Wiseacres, gathered together for the good of the nation and the cause of huma nity At a table behind the Bar sat a number of Re porters from Country Newspapers, who were allowed to take notes from the first day, in consequence of their promise not to transmit them for publication until the verdict should be declared.. Mr. FINAERTY sat at •this table, where I was also accommodated with a chair and pens and ink. Mr. Rose .having received due notice of the Coroner's prohibition to take notes, was eipectedto be the first to feel the effects of the Coroner's resentment, but we were deceived. The Coroner, v;11 0 ... e their eyes in every corner of the roo m , preparing to write, and being inf . ( ,availant upon the Manchester 3iaty,is manry had arrived, and was about to , attack—" I see a new face amongst y 011 said he; " there is a fresh note-taker ; I rose, and asked the Coroner whetlier to me? Mr. CORONER replied in the affirrnaC: " Let me know your name, and wh4tyc a notes for?' Permit me to ask," said I, upo n rity and for what purpose you make CORONEE—I make it upon my for a private purpose,with which it you should be acquainted—fo r a NOTE TAKER—I said I had a for refusing to answer either q , .•.e: CORONER—Very well, Sir, (ti; sure and astonishment), I restni Dotes—if you take norcs, the Cony you out of Court. NOTE TAKER—I told the Corm probably have an opportunity of soon as business commenced. CorsoNea—You must not take NOTE TAKER—" I shall, certain' discretion upon that subject." The business of the day began between Mr. HARMER and Mr. Al the latter Gentleman commence lasted, with very little intermissic I proceeded to write, more.wi `tails how far the Corone r would of compliment to Mr. Ashworth, tice, retarded the kridtence till en admired all his doctrines, gave toms of impatience, and, 'sometimes, Five minutes-had ehinsed when stop to the dehate, and addressed Sir," said he, " I will not allow Norm TA,KEIN-=4 How do you taking notes ? If you call note4ai don't you bring forward your the justice of the accusation ?" Mr. ASHWORTH— , 4 Give me roner has it in his power to ordi without examining any evidence NOTE TA/Ca- 44 . To what fa( Mr. A sawoßn—c. Note-ta Nora TAI ER-44 I am not u 1 ,2 Journalist, nor of any other man. public one ; and I am as much public right in taking notes here, walking on the highway, or in ConoNeft—u You must not take take that Gentleman out of Court.' Mr. AsHWORTH—" The obji to prevent the public mind from a thing inevitable i f es-parte statemel IstOTE TAKZR-" If there be an , what occurs here, it is the guilt a public Court, the moment theevil witness's mouth, it is published; try, represented by the twelve JI present. A person who prints peating what is already public guilty of telling the Public what, Law, they know already." CORONIR—..." I say, Sir, you shall not , I shall not enter into any argument with you. have Lad too much of that already in this ' the business of which has been greatly Officer, take the Gentleman out of Court." Nora TAICER..." If you reflect but one Sir, you will perceive the absurdity of obj my taking notes. You may as well issue an check the current of thought, or to punish the possession of a good memory I There Gentlemen in this Court (and I looked towards Ross, whose memory is exceedingly tenaciouc,) sessed of such powers of recollection, as to be a! report, from trusting to that faculty alone, as rately as the most expert short-hand writer. N( labour under a deficiency in that respect, and I accuse you of partiality in giving others the ad , (age over me. How, Sir, can you regard principle wkich has no more than a hay applicat. CORONER "You must not interrupt the Court. tzir. Nora TAKER...." I have not interrupted the Co: Sir; nor have I been guilty of the slightest breach tf judicial decorum. I merely object to an iaguisitoril process." Mr. ASUWORTH—gf Look, Sir, to the consequercri of prejudicing the public mind, and you will find 3 ready answer to all your que s tions." NOTE TAXER —" The public mind cannot be r• judiced by evidence. When the Public have all tle evidence before them, they are as well able to . itte7t of it as a Jury_or Court-Martial are, and ‘N ith as little prejudice. This powerful advantage ari: s from making proceedings public before the been declared : The Jury, feeling that the Pol.. ate coming to a judgment along with them—fedi:: that the eyes of all the Country are upon them, more likely to come to a decision, pure, independc::. and impartial." Coaosr.a—" Officer, why do you not do y• - •; , duty?" NOTE TAKER—" May I. ask under whst cli , • offences that of gote-taking is to be found . Col room, (lake formed t :,t Thl I% • = tile tit to tort 7o . ! , for a st yea a t ver y tker ; whether h e pore No irmative,44 wilicl what Ica it. and ' ill Pr " °Pon Var. take that i z • his c r own au th o: Tou t is nc.. nacei . ptrpose o f r „, e purpo, o f case ost::Da. zn air by tin F,-r 2 me Const4ble ere , as rimer that he Off f issuing his t‘ Ch hic • C nire ! , be rtainl.7 Tl u-e n with a Cr oh Asti wortrn, teed a spe ec h bt sion, the whiie bi vith a view to s , dare to go.t:' z h, to do L: r. ren the Corc - ::7, 'e unequivocal t• mes, of agony. lien the Coronct sse.l himself :o • you to vie nc 1 ulnow, Sir, e;taking a crirt.;. evidence is Tr. 7-. e leave, Sir. I?.t der you 0.,:t C ce to the fact.' act " alon b ' under man. This :h in tl:e exercisc. sere, as Lehould . : , . breathing the ac, take notes. Co.. nut." ject of the C m being prejucL ements are any guilt in p of this Court ; fa, .vidence issuesfrom ; published to the • Furymen and au' • may be guilty of ic, but he canal hat, in the eye of • a shall not take no gument with you. eadv in this Court: greatly interrupte t of Court." sect but one ...- urdity of objecting well issue an order or to punish a man f pry I There are s . I looked towards 31: ingly tenacious;) • ttion, as to be able: wait)* alone, as act.. hand writer. Smr. l at respect, and I me ing others the adva•-• t you regard that 303 . in a half application: errunt the Court...iir..