The National Register. — London, England, 1822-03-10 00:00:00

How long have you been employed in this sort of trade. The witness said, he would decline answering this question. The alledged libels were then put in and read. They consisted of the " Address to the Reformers," upon which Vampleu was removed on Friday night. Mr. Hill now rose, and proceeded to remark upon the " damages" which it was said was likely to result fruits the publication, and observed, that so lar (ruin the possibility of danger resulting from the publication of such trash as the pamphlet now before them, he would maintain that the very assertion was a libel upon the people of England. If such insane trash were to be made the subject of criminal prosecution, he would recommend the Governors of New Bedlam to prevent the unhappy inmates of that place from baying the use of writing materials, for if perchance any of their lite rary productions should fall into the hands of the " Ho norary Secretary," or the Honorary Assistant `Secretary of the Constitutional Association, we should have Bed latuites appear at that bar to take their trial for libelling the Constitution ! In some further observations, the learned gentleman begged to call the attention of the Jury to the circumstance of members of the Constitu tional Association, who were the avowed prosecutors in this case, being engaged hi procuring the work for which they had now thought proper to prosecute the defendant at the bar. The Cummon Sergeant.—Nothing has been proved respecting the Constitutional Association, and I must say you arc abusing the privilege which is given you, of addressing the Jury, by making such an assertion. Mr. 1611.—The winless Purtun said he believed Mr. Sharpe and Mr. Murray— The Common Sergeant—The belief of the witness is no evidence. Mr. Hill was proceeding to remark on the Constitu limit' Association, when The Common Sergeant said he could hear nothing of such an Association. Thera was no evidence about it befitre the Court. Mr. Hill said that on the trial of Vamplew Mr. Adolphus had been allowed to indulge in a long cube,- gmut upon the Constitutional Association, and he con• tended that he was entitled to the same privilege, although he should happen to speak of the society in rather a different strain. The Common Sergeant made no rep, f Mr. Hill, in continuation, said, we had at different times had quacks of various kinds—we had known of quacks in medicine, quacks advertising to cure the body natural—but now lie had a body of political quacks— and a new medicine to physic the people into loyalty was advertised and attempted to be thrust down their throats by these constitutional gentry. We had now an asso ciation of persons who were seized, it would appear, with a sort of political hypocondriacism, and who fancied that the constitution (oi me country, he meant) was aiiiicted with all sorts of dangerous diseases, which they in their infinite wisdom hail undertaken to cure. After Wilke further observations of this kind, the learned gen tleman concluded by contending that prosecutions of this sort did infinite harts, and calling upon the Jury to acquit the defendant. The Common Sergeant then proceeded to charge the Jury, and the Jury, after an absence of one hour, found the defendant guilty ; but recommended him to mercy. lie was sentenced to six months imprisonment its the house of correction. ARRAIGNMENT OF A MAN UNKNOWN.—The shop man of Carlile, who has refused to give has name, was put to the bar to be arraigned while the Jury were con sidering their verdict in the last case. The indictment was read by the clerk of the court, and it commenced " That you, a certain man, whose name is unknown, &c. When the clerk had finished reading the indictment, he put the usual question, " Are you guilty, or not guilty." Posoner.-1 demur. The Common Sergeant.—Do you understand the meaning of a demurrer PCISOIIer.--Yes, I do. The Common Sergeant.—What then is the meaning of ? 1 should be scurry, it through ignorance of the law you should bring yourself into any awkward dilemma. Mr. Prendergast.-1 sin his counsel, my lord, and I advised him. Tne demurrer was put in and read. The substance of it vs as, that he (die prisoner) was not described in the indictment by any nalbse The Common Sergeant asked Mr. Adolphus if he joined issue upon time demurrer r Mr. Adolphus.—Does your Lordship ask me join issue immediately ? Mr. Prendergast said the defendant was ready to be ar raigned last session, and issue ought therelore to be joincrl i Mr. Adolphus.—Then, if your Lordship pleases, I will make till next sessions. Mr.Prendergast.—The law directs you to join instanter. Mr. Adolphus.-11 the court wish me to juiti instanter I will do so. The Common Sergeate.—lf you feel any difficulty, Mr. Adolphus, the Court will allow you time. Mr.Prendergsst said, the law required that issue should be joined instanter. The Cot 1111 l on Sergeant.—" I know of no such law." Mr. Prendergast offered to show, to the satisfaction of the Court, before it rose, that such was the law, but after some further conversation the argument was ad journed. 'TUESDAY, MARCH s.—This afternoon, at five o'clock, the Common Sergeant and Sir Christopher Smish took their 5e,113 Olt the bench, when a young mall dressed in black, and of decent appearance, was placed at the bar. —Tins was the man who tin the et ening before put in a demurrer, and to plead not guilty. Mr. Prendergast then told him, " 1, as your counsel, advise that tins demurrer is nut sustainable." The • .A. ' THE WA' 'NAL REGISTER learned counsel then begged permission of the court to withdraw the demurrer, and to plead not guilty. The Common Sergeant assented. The clerk of the arraigns. —Prisoner, you stand indicted by the description of a man, whose person is known, but whose name is unknown, and that you on the 20th of December did, by the instigation of ihe Devil, &c. pub lish a blasphemous and seditious libel, &c. How say you? Are you guilty or not guilty ? Prisoner—Not guilty. The Common Sergeant—Prisoner, what namedo you plead by t Prisoner—By no name; as 1 have been indicted by no name, and imprisoned by DO name, 1 will therefore be tried by no name. The Common Sergeant—" That you cannot do; neither you nor any one else can be allowed to appear here, or act under a mask. You must give in your name before you plead." Mr. Prendergast—" I advise you to give in your name." Prisoner—(in a surly tone) " I wont." The Common Sergeant—" Take him away." The prisoner was then removed from the bar; and William Holmes was brought up, and his trial was pro ceeded in. He was charged in the usual way with publishing a blasphemous and seditious libel of and concerning our Lord the King, &c. Mr. W. Payne produced the pamphlet, which was delivered to him by Put ton, the Bow -street, officer. Cross-examined—The pamphlet in question was left in his hands by the Bow-street officer, Parton. John Parton, a Bow-street officer, sworn.—He pro duced the pamphlet which lie had purchased hoe the defendant iu the shop of Carl tie. The libel was then read : it consisted of the " Address to die Reffinners of Great Britain " Mr. Prendergast addressed the Jury for the defendant, and, in the course of his observations, dwelt with !noel) force on the cconduct of this society. in prosecuting, rather than contending against the opinions which werc broached by the writer of the pamphlet in question. The defendant then said he had witnesses to call. Susannah Wright was called and sworn-1 saw Purton, the spy, in the shop, and he said " that is not the man." Common Segeant--What do you mean by a spy? IVittiess—A person who goes about entrapping men nto the sale of works which they choose to call seditious. Mr. Adolphus (pointing to Purton)—is that the person you call " a spy ?" Witness—Yes. Mr. Adolphus then pointed to Harrison, the city marshalman, and asked which was the 111311 she meant rhe witness said she meant Parton. Mr. Adolphus—Did you ask Klima to dinner.? Witness—No, indeed I did not. Mr. Adolphus—Have you had the misfortune to have beets indicted for the publication of these works? Witness—lf you call it a misfortune, I have. Mr. Adolphus—Well; in calling it a misfortune, I hate used the mildest term I could think of. Witness—l shall have my own opinion upon the subject. Mr. Adolphus—Do you believe in the Holy Gospel? Winiess—l shall not answer. When I am put upon my trial 1 may give my opinion upon the subject. The cross examination was continued for some length, and the witness in her answers, evinced a degree of in telligence and accumen which have seldom been wit nessed in a court of justice. When it had proceeded to some length, Mr. Adolphus reminded the witness, that if she did not believe in the Holy Bible, the was still amenable to 3 prosecution for perjury, and he would advise her to be cautious. The witness said she had no other desire but to speak the truth. Mr. Adolphus shortly replied upon the evidence, and remarked upon the circumstance of the refusal which had been given by the witness Wright to declare upon her belief in the Holy Bible. The Common Sergeant charged the Jury, and the defendant was found guilty, and was sentenced instanter to two years imprisonment, and at the end of that period to enter into his own recognizsnces of SM. for his good behaviour during life. WEDNESDAY, MARCH G.—Mary Madden, a young woman of respectable appearance, was put to the bar on an indictment charging her with robbing, at various times, Mr. Adams, a respectable tradesman in White cross-street, with whom she lived as servant, of nine sovereigns,. a quantity of half-crowns, and shillings his property. It appeared that the young woman had ac ' ctss to the till of Mr. Adams, who, suspecting that he had been robbed, marked sonic of the money ; and hay ing made the requiste preparations, the prisoner was taken into custody, when the marked money was found ill her possession, she confessed the remainder to be in her box. The Jury under the direction of the Recorder, found the prisoner guilty, but strongly recommeuded her to mercy ; in this Mr. Adams humanely joined, at the same time stating, that as her father (her mother is dead), hearing of his daughter's misfortune, he carne to ,him quite frantic, and had since gone raviva mad. The Court said some means should be resorted to for reclaiming the unfortunate girl to the paths of rectitude. John Painter was indicted for wilful and corrupt per jury, alleged to have been committed in a cause in the Coutt of Common Pleas, Sheills and another, v. Russell, tried at the sittings after Michaelmas Term last, at Guddh. 11. Mr. Watford, for the prosectition stated, that a parcel contiitri ° e , 3161. in country bank notes, was on the I st of Deeeniber, 1820, was packed at Sir John Perris), and Co.'s, in London, and delivered to the defendant. who was servant there, to be taken to Russeti's %yawn office, Friday -street, thence to be forwarded by the wag goo to Plymouth. It was sealed with :he oilkial seal of Sir Joon Purring and Co. and directed to Messrs. Sheills and Co. Bankers, at Plymouth, to whom the 79 notes b. longed. A parcel, sealed and directed, in imi tation of that, did arrive at Messrs. Sheills and Co.'s, at Plymouth ; but when it was opened, it was only waste paper. Thosegentlemen brought an action against Mr. Russell, as proprietor of the waggon, .to• recover the amount of the sun deposited in the genuine parcel;. and upon the trial of the cause in the Common Pleas. the perjury chargeclagainst the defendant was commit ted. Tue following witnesses were examined : • Mr. Wm. Gurney, short-hand writer, produced his notes of the evidence grven by the defendant. He swore neon the trial, that on the Ist of December, he had three parcels to carry out from Sir John Perring's, and • that he received the parcel in question from Mr. West,. and he went first to the Swan-with-two-Necks, and de livered the two other parcels. lie was sure that he had the remaining parcel in his bag. He went immediately from thence to Russell's waggon-office and delivered the other. This was about ball-past seven. The first pee son he saw there was a working man, who loads the waggon. He requested to be served fiat, and laid down , the parcel and came away ; he was sure the parcel he received from Me. West was the same he delivered at Russell's. He knew u person named Nightingale; he - was a man with one arm and red whiskers. Hi could • not tell exactly how long he had known him. Re first saw him three years ago; he could not say whether tie-. the Ist of December or not. He (.'gightingale) wag not with hini• at the waggon-office when he delivered the• parcel. Nightingale was then called forward in Court, . and the defendant said that was the min. He would' solemnly swear he was not with him at the waggon office. Nightingale was occasionally in the habit of visiting him at Sir John Perring's, and taking tea with him. He did not recollect seeing any person at the • waggon-office hut the book-keeper, and two persons at the door; he could have seen if were had been any other person there, as there was light enough. Several witnesses were that called, who swore posi tively that Nightingale was not Gum home on the night when he was said to have been with the defendant at the waggon-Alec. rile defendant received an excellent character from• several witnesses. The Jury retired for an hour and a half, and then re.- turned a verdict of Guilty% The trials for felonies being terminated, the Recorder* proceeded to pass the awful sentence of death upon the following 14 prisoners :—Daniel tVithey, C. Marshal,. alias Anderson, James Barnet Solomons. Hobert Grout, Edward CoeWane alias Morrison, and W.Osborne alias • Clare, fur burglary. William M'Ville, E. Chudleigh, 11. Newbury, Henry Stephens, and Martha Butterby, . for stealing us dwelling-houses. John Flemming and , Williaut Crashman, far highway robberies; and Hobert Christina:., for horse stealing. Sixteen prisoners were sentenced to transportation for , life, and 31S for 7 years. A great number of prisoners were sentenced to various minor punishments.. Thomas Burrell, the man convicted of manslaughteri. by throwing Thayer from the window, in Charles -street, . Drury-lane, was sentenced to one year's imprisonment. A great number was ordered to various terms of con finement, and some to be publicly,, and others privately. whipped. THURSDAY, MARCH 7.--Chia morningthe Court as. • ambled at half-past ten, pursuant to the aditanninent. of Wednesday, for the purpose of proceeding in the triatl of John Nightingale, charged with wilful and corrupt perjury, in concert with J. Painter. On his name being called by Mr. Shelton, he did not appear; the Court then.ordered an officer to go to the several public houses ,• in the neighbourhood to find the said Nightingale. The oflicer having returned said, that Mr. Nightingale was • "Non eat nirvana." Mr. Humphries was in Court, who , stated himself to be the solicitor of Mr. Nightingale, and had seat hint at 8 o'clock; and could. not account for his having taken flight. Mr. Alley, the defendant's counsel, said it WOlll4l have been quite as civil if " this bird" had intimated to hien (the learned counsel) of his intention not to appear, as it would have saved him the trouble of coming. he Coniston Sergeant then charged the Jury. , and ordered the bail of said Nightingale, which are two, in • 2501. each, to be estreated into his Majesty's Exchelpter. J. Painter, the person convicted of perjory on Wed- , nesday evening, was then placed at the bar, when the Common Sergeant sentenced him.to be•tsansporsed for seven years. Solomon Holloway, lor•obtaining goods• and•morrey• tinder i . alse pretences, was also ordered to be transported for seven years. Toe whole business of the session being over, the Coon adjourtied to Wednesday, the 17th of April. The trial of the person 111/ k blown stands over unul next . sessions. On Friday night last a daring burglary was eowivisitted-' at the house of Mr. Dench,solicitor,uf Ely. The thieves, after scaling. some high walls, and crossing two gardens, . entered the house by forcing the shnutenand taking out.- some glass from the kitchen window. They forced eight locks in the dining room and room adjoining, and inc. • ceeded m carrying off about 30. articles of plate and; some wearing apparel. On obtaining their booty, the villains • regaled themselves with wine and liquors an the dinins.; room, emptying the contents of several decanters and it has been ascertained from the burning• of a sand's , . which they used, that they were not less thart•ieso hours in the house. From some weapons with whiehr they had armed themselves, it appears they were resolved to make a desperate resistance in the evens of being surprised. Mrs. Omits has accompanied the remains► of her - husband into Oxfordshire, to pay the last tribute of respect to his memory. The funeral procession has not yet reached Royston, as it moves at the rate of not more than from ten to fifteen miles a.day. It is not expected that the deceased will be interred before Motaluy next. _ .