Star. — London, England, 1826-08-18 00:00:00

••• was pubiltimielnksaused to be published by the said E. G. Wake field t Or Wilton Wakefield, or some of their relatives or friend..— And this deponent further saith, that the town of Macclesfield is -distant from Lancaster 73 miles, of thereabouts." " Tfie King against William Wakefield and others. Thomas Grimsditch, of Macclesfield, in the County of Chester, Gent. snaketh oath and saith that Edward Thevenot, one of the 'defendants in this prosecution, cannot be found in England ; that a warrant has been issued out against the said Edward Thevenot for his apprehension ever since the month of March last. and that this deponent saw him In Calais, in the Kingdom of France, on the fifteenth day of March last; that this deponent did on behalf of the prosecutor cause considerable exertions to be used and applica tions wise made to the Government of France to give up the said Edward Thevenot, for justice for the offence with which be stands 'charged by one of these indictments, but that such applications were unsuccessful. And this deponent says be bas been informed and 'believes that the said E. Thevenot is still in the kingdom of France. Aad this deponent further saith that he has seen letters in thehand welting of Edward G. Wakefield, one of the said defendants, in which he states his residence to be Rue de la Pepinare, No. $6, Paris, and this deponent saith that the said Edward Thevenot is a servant of the said Edward Gibbon Wakefield, whose usual place 'of abode is in France, as aforesaid. "THOMAS GRINISDITCH." Mr. Serjeant Caoss followed oa the same side. He • contended,that for the sake of public jastice there should be no delay in the proceedings. With respect to the difficulty of a prosecution under the Statute of Philip and Mary, requiring that there should be an appeal to 'the Judges, there could be no such difficulty in the pro. secution for conspiracy, which yeas an r ffence at com mon law, and of every d I's occurrence. Mr. J. WILLtAMs referred to a case where a Special Jury had been obtained in the County Palatine. in a civil case, and a trial had. This course had been open to the defendant, and not having availed himself of it, he had no right to ask for this delay. It was nowhere said in the affidavits that the defendant had not ex pected his trial for misdemeanour, and no ground whateier bad been stated upon which it ought to be further delayed. Mr. BROUQUAM contended that there was not a word in the affidavits which proved the absent witnesses ma terial to the defence. The defendant only spoke of his information and belief, and no where stated that any attempt had been made to procure their attendance. Mr. SCARLET?, in reply, said that when four eminent Counsel were found necessary to speak and to use topics of declamatory vehemence upon an application which `he had soppo:ed to be so much a matter of course as. not to think it decorous that more than one Coun-ei should address the Court, it would easily be seen that - on the other side at least, the case was considered to be one of great importance. He should, however, pass over these topics, and confine himself to 0 e arguments which had been advanced. The Court of King's Bench, when Wm. Wakefield was admitted to bail, expressly ab-j stained from deciding whether the offence charged was a felony or not; therefote, it was impossible that he could know what tsoirld be the result at the Assizes. Under such cis ctunstances, no Counsel could have made the application for a writ of cert lora) i before, becau-e le would have been told at once that the ca.e might prove to be one of felony. If the application for a Special Jury had been made to this Court, it would have had precisely the s rine effect of throwing over the trial till the next Assizes, as. they now aoked to do.— When he found that four Counsel spr ke to what he expected would be a motion of course, and a CentlemanAhigh official suthrtity and talent brought down to 011Pcluct the case, which none of the other four could be intrusted safely to do, he was alarmed, he was terrified, and saw in it a still greater ne cessity of treading with the utmost caution. The proceedings under the statute of Philip and Mary sere unusual, and must give rise to doubts and point, which ought to be submitted to Judges of the Court of King's Bench. The next argument urged against the appli cation was that respecting the Newspapers. He appeared there for Wm. Wakefield, and if his brother or friends - comn.itted indiscretions, such as had been state% was he to be made answerable for them? The affidavit in formed his Lordship that Macclesfield was situated nearly 72 miles from Lancaster. Was this the sort of • answer upon which the application was to be refused ? They all knew the distance from Macclesfield, but it 'was equally well known that the grea - est body ofJury tren for the County come from the neighbourhood of Manchester and Stockport. Wi h all the declamation and all the zeal which had been displayed on the other side, not one fact had been shewn by any of the Counsel, nor one suggestion made, why one trial ought to take place nosy, and another at the next Assizes. Upon these grounds he submitted that the application must be granted by his Lordship. - - Mr. Justice PARE said, that if he were to consult his own convenience, or his own consola:ion and comfort, he should listen to this application with the greatest readiness ; because - the trial would detain him there several days in the next week. But he was there to per form a solemn duty under a solemn oath, and whether tight or wrong he must he bound by it. He might be wrong, but if he cited it would only be in judgment, net in in•esstion. lie was by no means anxious for the duty, as he aheady knew s , mething of some of the parties, and leased that he was likely. to know too much. This application Ivid been made to him upon two grounds; and if the Attorney-General for the County Palatine had shewn thst the law considered the granting such an application necessary upon such stat: - Ments as had been made, he should willingly have complied.— But in his opinion there was no colour or pretence what - ever for putting I'ff the trials. He never saw affidavits to loosely put together in his life, when the ground of application was simply the able: ce of material witnesses. The tact had not been stated by either Counsel, that ' Wm. Wakefield never had been cha'ged with anything but a misdemeanour. It appeared that the writ against Wm. Wakefield was islued so long ago as the 13th Feb. and that he was brought up in Easter Term and bailed. He had theiefoie had two whole Terms to preps** his defence; and if Mrs. Hurst Sitwell and Miss Ho4re were material witnesses, why did he not endeavour to p:ocure their at-endance beim e the 2d of August. He had taken no steps with that view, until within a few days of the Assizes, when there could be no postibility of their being present. With respect to Mr. aidnell, he never saw such a statement in his life. There was no person at the Criminal Bar of that Court who might not claim to put off his trial upon the same ground. The affi davit stat:d that slake the defendant had been them he bad been Wormed that Mr. Badnell was a material witness. I,ld not Mr. Wakefield know himself who were his material witnesses? He saidte believed him to be in France, but he nowhere said that he had taken any steps to ascertain whether he was or not at his residence in Staffordshire. Then as to Mr. Dominick Daly, he could not come because he had seem a patagraph in a news paper. which stated that the trial was not to come OM Why, if what appeared in newspapers were to be acted upon in the manner required, the whole proceedings of all the Courts in the country would he paralyred— If the Special Jury could - u• t be strewn to be set. viceable to' the defendant, why require th e Wt tot certiorari? Now, without disparagement to the Gentry of that county, he would say that he never knew one S,:ecial Jury in it half so good as the Common Jury, or so advantageous to a defendant. The 1.-arned Judge then alluded to the postponement of the ti ial of Thur tell, which, he said, he granted out of humanity, and because the county betng the first, instead of the last in the Circuit, he could do it without ii clnvenience to the business of the Circuit. Under all the circumstances, he could only put off this trial upon legal grounds, none of which had been adduced : his discretion led him de cidedly to refute the application. An application was made by the Arroattrv-Gaszaat to have a day appointed for the trial, but Mr. Justice PARK would not ap point any day. Ile said, if the trials of the riot e rs should be con chided at an early hour to.morrow, be would comMence to-moi:aw afternoon, but if not then, not until after Friday. BRISTOL, Anoust 15. ARIEL V. RALPH. The parties in this case are respectable inhabitants of Bristol ; and the action was brought to recover eama-, ges for certain slanderous words uttered by the defend- . ant concerning the plaintiff; imputing to him the com mission of a felony in having sent to the defendant (is be said) a letter with a fictitious name,„ containing cer tain threats for the purpose of extorting money. The , defendant, among other pleas, pleated .a justification, I stating that the plain ff had been guil:y of the felony imput, d to him, by having sent the le.ter in question. ' This the plaintiff denied by his replication ; and this was the main question which the Jury had to try. Before the calling of any evidence, Mr. Justice LITTLZDALI in terposed, and called to him the leading Counsel on both sides. After some private discussion, and a considerable interval of time, Mr. Sefjeant WILDE, far the defendant, addressed the , Jury ; and on behalf of his client made a most hand some acknowledgment of the plaintiff's innocence, ad mitting that the slight evidence which he had to adduce in support of the charge would be but as dust in the , balance against that which the plaintiff bad to disi rove it. All that the defendant v. ished was, that it might be understood he had not proceeded altogether without information. The plaintiff had acted in the most hand some manner in not pressing for the Costs. A verdict was accordingly entered for the plaintiff, upon an un derstanding that it was not to be acted upon. CHESTER. Moon 14. 3EDITION. Joseph IVhilelegg was indictel for having used cer tain inflammator y and sedi , ions languAge at a Meeting of the working easses, held at Lnngshut-lane, Stock port, on the evening of the 19th July last. The indict ment was,about four yinds in length, and contained four counts. Mr. Attorney-Ceneral [I'LL conducred the case for the prosecution, and called sever .1 witnesses. w ho proved the follow ing facts;—Between eight ani nine o'clock on the evening of the 19th of July, a considerab!e number of persons, of the wot king .class's, were assembled at Longshut.lnne. A ring was formed, and a man, pr tied to be the defendant, was reading to them an extract from Shertcin's Palatal Register, of November 14., 1818. He made use of the expres s ions, "Arm your selves, and that immediately ;" and just at that .mo mea a pistol was fi.ed rff by some one in the crowd. He then read from the book the beet description of wea pon, which he said to be a table or carving knife, of 11 inches long by 1 inch wide at the broad end, with cket (hand!e)ot tour inches long and one inch diameter; this was to be fix. dto a pole of 8 feet long. A body of men so armed, or with mu,ket and bayonet, would be. infinitely superior to one armed- with musket and bal cartridge. S ime one from the crowd cried to know how they were to be used ; the defendant replied " Sup pose you were so armed, and met a mad dog running towards you, what would you do ? Why run it down his throat to be sure ;—and you shou'd do the s me to those who wrong us, oppose us (or oppress u ), and de prive us of bread." Two or three of the witnesses spoke to their interpretation of the words, as tending to invite the multitude (who were perfectly peaceable) to acts of insubordination and resistance to the Consti tuted Authorities of the country. The prisoner, who had no Counsel, cross-examined the several witnesses with extraordinary self-possession and with considerable tact, and cleated much merrimen._ in Court. He [messed one witness, Furnival, the pail h cletk, very hat d, to know if he was not asleep while he was present at the meeting. My traron for asking this question, my Lords," said the defendant, "is, that I have seen this man fall asleep while on duty in the church, for which his master, the parson, reproved him severely." He addressed the Jury, at some length, with considera ble fluency, and called two witnesses to thew that he litd received tbe book from nrother person (one of the wit nesses), and that he made no comment, but merely teat, the extract, and that t!'e Meeting was perfectly pea e• able. 0,.e of thee witnesses, a man named Black , ha w, wished to make a speech at the commencement of his evidence. lie said t' at he was st trying, and had a wife and ft.ur childri n, and had been 26 weeks out ol work ; be said the extract read by the defendant w as, as he (the defend int) stated to the Meeting, the senti. merits of an Ehlish General (Hale), addressed to a public Meet ng,st York, in 1781, and re-i.rinted in the Number of Shersr;:ss's Register, which he held in his hand. Both the witnesses said, they thought any man might read, in any place, the opinions of an English General o.`ficer. _ The ATTORNEY GENERAL briefly replied He di rected the attention of the Jury more particularly to the case of the King v. Sir F. Burdett, in which it had been held, that without any regard to the intent of the utteiers of seditious expressions, or the publishing of a sedi:ious libel, if the Jury should be satisfied that the expressions of the se itious passages had the tendency to excite An cyposition or resistance t the Civil and Military Authorities of the realm, they should find the defendant Guilty. Chief Justice %Vannes summed up at great length, and laid down a directly cont. ary doctrine. He told the Jury that they must be satisfi d the meaning of the expressions used was that which the witnesses gave to them ; and also that such rapt essions had the tendency to excite disaffection, resistance, &c. Iltc. and that they were uttered with that intent,, or that they could not find the defendautguilty—which they did, after a short consultation. The Clues JUSTICE, under the impression that the defendant had only been the thoughtless instrumeniof others, sentenced him to be imprisoned six months, and to enter into his own recognizance. in SW. to be of good behaviour for three years. The criminal calendar was finished this evening, and the muses at Nisi Prins commanced.—Chaster Cberned. Yesterday was the Birth•daq of the Duchess of KENT, when her Royal Highness completed her fortieth year. la the e vening het Royal Highness's tradespeople illuminated their house* ~~•]:~l.'Y: THE EV.ENISIG STA R. LONDON... FRIDAY, AUGUST 18, 1 26. STOCK RXM4ANGR, Twmvs O'CLOCK. Consols opened this morning at 711 i buyers, and left off yesterday at the above price. At the commencement of the market, two thousand was done at 784 for money, since which the market has become very heavy, and Consols have receded to 784 sellers, and 7$ buyers for October. The gloomy appearance of the market is attributed to the unfavourable state of Ireland, which the Bears have taken advantage of. Tbc Foreign Market also bears a heavy appearance, and South American Securities are not so good as yesterday. _ Current prices: Old Spanish 10} 1, Mexican 45i 1, Colom bian 32f 1, Russian 83i 1, Greek 13 e, Brazilian Shares 12 to 14 premium. CITY, TWO O'CLOCK. Consols were done in the earlier p trt of the morning :at 781 rot money; since which they have rather improved, and may be quoted, up to the present time, at 781 a, and for October Ac. count at 7fli buyers. In the Foreign Market, all South Americans remain heavy: PRICE OF STOCKS AT FOUR O'CLOCK. S er Cent. lied. 79 1 / 4 1 / 5 1 / 4 3 per Cent Consols 78% 3/. er Cent. 87 . 3S per Cent. Red. 86 3 / 6 Vs 1 4, New 1 pet Cent. 9 3 / 8 gas 4 per Cent. 1826.. 95 1 / 8 95 Long Ann. 19 1 4 . 5 16 India Bonds 23 £I,OIXI Excheq. Bah 15 17 £5OO ditto 15 17 £lOO and .4200 ditto 15 17 Cutts. for Account 78 A 1 / 2 • FORF.IO N FUNDS, TWO O'CLOCK. 9razlllan Bum!, 611 Met. Illy 1825,6 p. Ct. 461 si Buenos Ayr • Bomb 50 51 I 451 11 5 Colombian Bond., Mex. Acct. 46 1 51 1 1 1.5 Ditto for Ace. I 441 • Do: Bonds, 1824, 321 1 / Peruv. lids. 6 p C. 24 25 1:o. Acc.r.2 all Russ. Bds 18.2, p 831 Dani.l3 80n.14,3 pCt. 561 Spat. Bonds °p Ct. 101 Ditto Acct. 561 Span. sp. C. 1823, 71 Greekßonds,lB'ts,sp C. 13 115 Ditto Acct. BRITISH AND FORK,IGN SHARES, TWO O'CLOCK. SIIA Illt. tA If% 100 65 Ili 100 15 34e General Mining Assn. 100 5 5 L'ilited Mexican 40 221 10i Provincial Rank or Ireland 100 20 15 FRENCH FUNDS. Nets, Amain 15. ' Five per Cents. . . . 100 f. 35c. Time per Cents. • . . 66t. 30c. Bank Stick . . . 20101. Reines de Naples . . . 12f. 80e. Anglo Mexican 5 pm. 3razilian A Brazil M4l has brought us the Diario Flurainease of the 13th of June, containing the following interesting intelligence from Rio de Janeiro : RIO OF. JANEIRO, MAY /6. " Diesftr.s.—The motives having ceased which tendered indis pensable the measures ordered by the Decree of the 11th of Dec. 1822, respecting the sequestration of l'ortuguese property, and it being necessary that the 6th Article of the Treaty of tie 29th of August, 1825, should have its full and entire effect, I hereby declare null and void the said Decree, in all its parts. .4 Pa-lace of Rio JJaviro, April 26, 1826." Signed by the Emperor. MAY 19.—The Diario contains the speech of the Baron de Cairn, as Speaker of the Chal.ber of Sena ors, thanleng his M,,jesty for his discourse on the opening of the Chamber. The Senate, in alluding to the war with Buenos Ayres, hopes that the justice of the cause, and the Divine aid, will ensure the triumph of the Imperial arms. The Spe..ker congratulated his Majesty on the treaty with Portugal, and paid high compliments to his Majesty for the measures he has adopted in renouncing the Crown, of Portugal, and giving a liberal Constitution to that kh\gdorn. The Emperor replied as follows : " I thank the Chamber of Senators for the proofs of respect given to ray Imperial person, and to the Baron in particul it, for his elo quent Speech." (OFFICIAL.) DEPARTMENT OF FOREIGN AFFAIRS. " MosT ILLurrntors AND EXCELLINT SlR—The recognition of the independence of this Empire taxying put an end to the just reasons which gave occasion to the Portaria of Bth Dec. 1E24, by which the regulations of the 9th paragraph of the Alvara of 30th May, 1120, were chativd, in consequence of the circumstances of the moment, his Majesty the Emperor has resolved, that the said 9th paragraph of the said Alvara shall be carried into full effect, for which your Excellency will give the necessary orders, that It may be carried into execution."-22d 31.1 y. CUSTOM HOUSE OF TUE EMPIRE. The Palace, 18th May, 1826. THE ♦!SCODNT DL INHABIIIEnt TO THE TPCAUNT PI ZACTEXOY. Ivint,b Paragraph of the Alvan of .10th May, 18.40. _ . " In order to avoid certain inconveniencies which have occurred in the execution of the 18th paragraph of the abovementioned Alvan of the 25th of April of 1818, I determine and command that all vessels of whatever nation, whether a frieni or ally, shall, on their entrance into any of the ports of Brazil, present a passport or legal document, according to the established r ule of such nation or nations, stating the nation to which t' e vessel belongs, and the destination of its acme: the said vessels shall also be obliged to present the Manifesto of the Custom House, or authentic declaration of the whole cargo they may have on board, and the said Ma nifesto shall be signed by the Brazilian. Consul or Vice-Consul of the port from which the vessel sails; and should there be no Consul or Vice Consul in such port, the said documents shall be signed by the civil or commercial agent, who is authorised to do so; without which documents no vessel shall be admitted, or, having entered the Port, they shall be ordered immediately to quit it. The Brazilian vessels sailing for any foreign Port, shall also carry the Manifest of their cargo, signed by the Consul or Vice Consul of , the Nation, to which the Port, for which they sail, belongs. As to English vessels, the rules already agreed upon shall continue to be observed." [The above Notice is published in the Dioris, in tl e Px rtuguese, French, and English languages.] JUNS s.—On the Ist of this m arived in thi. ort, the Fre!.c:l r, Se:ne, pith Baron at C:i..- bi..l, H ho is tl.e bearer of the Treaty concluded between the Emperor and his most Chtistian Majesty. This Treaty, which was signed in this city by the Pienipe,_ tent:ar:ei of the two Sovereign*, has been ratified by his Most Christimi Majesty ; and it is probable that, having received that of the Emperor, the exchanges of the ratifications will take place in a few days. - blajesiy is going to spend a few days at Santa Cruz: We have also teceive - rrrienos Ayres Mail, with Papers to the 30th of Mar. The following are extracts : .BUENOS AYRES, 111 Av His Excellency the President of the Republic, having judged it necessary to send an Envoy Extraordinary to the Assembly at Panama, Senhor Don Manuel Jose Garcia was appointed to this mission ; but ill health having obliged that Ge. Oman to decline the honour, D. D. Jose Miguel Deaz Velez, is appointed in his stead. 13.h.—The President has issued several Decrees relative to the University. 24 1 1.—1 n the Sitting of the Congress on the ISth, various plans were submitted by the President to Me consideration of the Assembly ; they were relative to the celebration of the 25th May, being the Atiniverrary of the Revolution. The President proposes to erect in the city, at the Fublic expence, a Monument, to perpetuate the memo' y of the citizen, who, having prepared the glorious 25th of May, 1810, must be considered as the authors of tEe revolution %hid) gave rise to the liberty and inclepena. ence of the Ur.ited Provinces of the Rio de la Piata.— ile also proposes to grant pensions to the thirty two individuals who, under the command of General D. Juan Antonio Lavalleja, undertook the heroic enterprise of liberating the Oriental Provinces. 25th.—The Congress has granted the following pen. sions—v:z. to Gen. Lavalkja, 2,000 piastres; to each of h;s Officers, 1,000 ; and to each of the subalterns and privates, 500, as proposed by the President. (These Papers contain some acrobats of trifling skirmishes between the squadrons on the river.) Dutch and Brussels Papers to the 17th inst. contain a communication from Berlin, which states, that when ihe Duke of WELLINGTON was at St. Petersburgh, a Treaty was concluded between Russia, Great Britain, and Prussia, embracing all the important questions of general policy, which had engaged the attention of the Cabinets, and that it was dctermined that a Declaration should be published by the three Powers, immediately after the Coronation of the Emperor NICHOLAS, ex plaining their views and intentions respecting those grand objects. As the ceremony of the Coronation is appointed for this very day, and at this moment pro- bably fills Moscow v, ith splendour, agitation, and joy, the appearance of this D.claration, if the intelligercc be correct, wi:l not be much longer delayed. It is said that it w ill comprehend the affairs of America at well as those of Turkey and Greece. At a late hour this morning we received Bogota Papers to the Ist of June, but we have only room for the follow ing extract : Souclay closed the Extraordinary Session, and the labours of the first Constitutional Congress. On re verting to the periods of its installation and dissolution, innumerable reflections force themselves on our mind, which, although they may be accompanied with painful sensations, still sufficient are left to counterbalance them, and afford matter of congratulation to those who feel in terested in our welfare. At the former period an extensive portion of our territory was in the hands of our enemies; some of our largest and most populous departments had but lately been wrested from the yoke of our oppressors. The very different aspect which Colombia presents in the year 1826 must be obvious to the observer. Our country is at present recognised by the most powerful nations of the world—the Constitution is respected.— Our enemies are without the means to do us mis chief, if circumstances not foreseen have deptetseJ our credit, we are satisfied it must be but tempo rary, and th it, when the measures taken by Govern ment and the Legislature come into full oFera ti n, the causes of this decline, and with them their effects, must cease. Our creJit will then rise the more ti iumphant, from the accidental check it has received." Jamaica Papers to the 12th, Santiago de Cuba to the 3d; and Charleston to the 21st of July, have been received at the North and South American Coffeehouse, but they do not contain any information of consequence. Extract of a letter from Panama of the 10th of June: 1, We have here the Mexican Legation to the Grand Ame rican Assembly. On the arrival of which, it was agreed on to instal the said Assembly on the 15th of the present month. T►e Battalion of Burgos has arrived here from Peru, and proceeds for Carthagena ; and we expect very soon the arrival of the rest of the Army, and also the Liberator." It will be perceived, by our ample report of the case " Tumults V. Waterman," that an application to postpone the trial liras been refused. It will be proceeded with when the rioters are disposed of, and is expected to 4 ast several days. The Duke of GLOUCESTILIt honoured Mr. GREENWOOD with his company to dinner yesterday, at his Villa at Brampton. There was a selee: party to meet his Royal Higlusesa Sir HENRY HALFORD arrived in town on Wednesday evening, from the King's Pavilion, Brighton, where Sir Hamar bad been staying since Monday, on a visit to Re Duke of Yoaa. The CHANCELLOR Ot the ESCHEQUER left town yes terday afternoon, for the seat of Lady Buctunssumasinat, atebachon. Yesiei day afternoon, the L O RD MAYOR, accompanied by a party of Gentlemen, embarked at the Tower, on board the Water Bailiff's barge, and landed at Woolwich, for the purpose of visiting the Arsenal, &c. Tnat annual scene of jollity, Camberwell Fair, com menced this morning, with all the customary rites and ceremonies. ' DUBLIN, Auo.ls.—The fever is every day extending; the Hospitals, and even the temporary sheds fitted up for the reception of patients, are full, besides which, 300 'ever patients are lying in their own rooms, from the inipossibility of accommodating them in any of the Hospitals. The fever as yet is confined to the working lasses, but an epidemic and very contagious dysentery ~zeta Is Let et ally zhtutieuut the City. ~ . ; ~f