The National Register. — London, England, 1822-04-14 00:00:00

PRICE 0/ Rank Stork 2flt 3 pet Cent. Keil. 771. s• 3 per Cent. Cononls ttit 3j per Cent. 84 4 per lent. 05i J per Cent. NaLvy 1021 I 'MI' A.lll* 20 STOCKS. Omni 00000 0. Imp. 3 per Cent. 1111114 Bonds 64 Stuck Exchequer 111114 4;. prem, Conn. tor Ac. 76i L.,riery Ticket. .177 194. 11IE NATIONAL REGISTER. ton Don : SUNDAY. APRIL 14. --,.-- The trial respecting the Manchester outrage has terminated, and a Jury has declared that one of the victims of " PRoMPriTUDe" on the memorable pith of August, is not entitled to a compensation for the violence done to him on that day. The institution of Juries is of great antiquity, and is regarded by all with deserved ven,..ation—but all deci,ions of Juries are not of necessity correct—or, why du we see from time to time verdicts reversed on application to the Court,—we may, theref re, un der such existing implication of fallibity, be allowed to doubt the correctness of the conclu sion, to which the Lancastrian Worthies have ar rived—and without meaning to impute any improper motives to the Learned Judge—without supposing that in his charge to the Jury, he had in view a possibility that that charge might be read else%Aere to his future advantage, we do not hnsitate to declare our opinion, that it was erroneous in many points—:n►d we think he himself will agree with us, if he contrast kis observations on the legality of the meeting, with those made by his senior brother, Mr. Baron ‘Vood, (on a trial for riot), at the last Surrey Assiaes.—" The mere assemblage of two or three hundred persons," said that worthy Judge, " would not constitute a riot, for if so, persons assembled at a horse-race or a bull-bait, might be liable to punishment as rioters. If an assemblage of people, however numerous, conduct itself peaceably and orderly, it is not a rims It must be sliewn that the people assemble for the purpose of breaking the King's peace ► and that their conduct was such as to endanger the public peace, and to carry terror, dismay, and affrightment, into the surrounding neighbourhood." Thus the law was &fined as we have always read it, but certainly differently from Mr. Justice Holroyd's definition— we are all open to error, and in the present case the Counsel for the plaintiff having tendered ex c:ptions, an argument may most likely take place upon them.—We do not mean to harrow up the feelings of our Readers, by an account of the evidence given in support of the action—they as of them remember that given on the Old ham Inquests, and it will suffice to say that it rztuains not only uncontradicted but confirmed, and in some instances added to, on the score of the enormities committed on the field of Manchester gory. The evidence for the dcffince may be gene rally dismissed, by observing that it was given by those who were decidedly PARTICIPATORS in the crimes of the day—but we shall stay to notice two or three points :—in the first place, in the report blore us (which is taken verbatim from the notes of a reporter, whose correctness we have cause, from experience, to rely upon) it is stated that NADIN, the notarions constable of Manchester, swore that on hi.; receiving the warrant to apprehend Hunt, &c. he withdrew the whole of the special constables that had till that time formed a line of communication between the Hustings and Buxton's house, where the magistrates were assembled, anti this he dis tinctly states he did before the Yeomanry moved Enward, to enable them to reach the hustings.— Now, Mr. Peter Statham (whose evidence follows immediately that of Nadia) swears, " I saw the Manchester Yeomanry come to the ground—the special constables appeared to open right and left fur the Yeomanry to go to the hustings. I was about five yards from the special constables when the ca valry advanced." Surely, if we understand our own language, one of these men was mistaken.-3) much for Mr. Hay, in speaking of the evening of that dreadful day, says " four women were represented at the time t• be dead, but the communication was overstated to us—l saw a woman, in the room where Hunt and Johnson were, brought in—she looked very faint and sick, but I never heard before to-day that she was wounded."—He then replied, with a smile, to Mr. Evans's question, " Did you look at her accurately ?" " THERE WAS NO ORFAT TEMPTATION"—SO much for decency and humanity on the part of one of the Pastors of our Established Church. Whatever may be the decision of a Lancashire Jury—history will pronounce the true character of the proceedings of that day, and the visitings of severe compunction in this world, on the part of the actors in them will, we hope,'have the effect of lessening the punishment they may escape here, but cannot hereafter— .* In the corrupted currents of this world •• Ofrencesgildeti hand may shove by justice; •• But 'tis not so above." THE LIBERTY OF TILE PRESS. As the persevering advocates of that Palladium of Liberty, an unfettered Press, we have to apo logize to our Readers for having so long neglected to notice a publication, which is calculated to do great service to the cause it espouses--but the fact is, that it came into our hands on the very day that Parliament met, and we have since that time had our columns fully occupied, besides which it is pro bable if we had noticed it, while the intense interest of the Parliamentary proceedings engaged general attention, our encomiums might have passed un heeded—our praises scarcely have been read. The work to which we allude is from the pen of a Mt. Thomas, (a professional Gentleman, already well known to the literary world, by several publications at once able and utile). and is entitled " A Legal and Constitutional- Argument, against the alleged Judicial Right of Restraining the Publication of Reports of Judicial Proceedings, as assumed in the King v. Thistlewood and others, enforced against the Proprietor of the 06,terver,• by a fine of £5OO. and afterwards confirmed by the Court of King's Bench." For the proprietor of the Observer, we felt neither commisseration nor pity, because we believe his disregard of the order of the Court did not arise from an honourable feeling of independence, and a determination to fight the battle of the Press in general, but from a petty, selfish cupidity, which anticipated considerable profit from forestalling his brother proprietors, who might not chusc to set at nought the declared wish -of the Judges: still we feel that Mr. Thomas has an indisputable claim to the gratitude of the public at large, and cf the Proprietors - of Newspapers in particular for his pre sent interference in their behalf, and for the very great industry he has exercised in his researches after authorities, by which precedents are proved to have been decidedly Qposed to this unconstitutional, and unjustifiable assumption on the part of the Bench. Peter I'indar, describes a certain deceased philosopher, blown up with conceit un the score of his own arguments, thus—. grant that he's no intellectual lion Subduing every thing he darts his eye on ; Rather, 1 wecn, an intellectual 11,..a Hopping on science's broad, bony back Yoking his iltlt proboscis of ath.ck, Drawing a drop of blood and tinging it a sea." Now, though totally unknown to bun but by pis works, we think that Mr. Thomas is the very oppo site of Peter a philosopher—his advertisement is tuodesty itself, and in it he feelingly deprecates the censure of his Readers, for faiths we cannot find— for negligencies we have sought fin in vain. In his PIICFACE (for we might be accused of pedantry, if we followed the author in the use of the word Paiiest—besides which, many of our r.:aders might not so well understand a word derived from the Greek), Mr. Thomas properly observes— " The politics of the day are entirily unconnected with the serious legal matter which I have undertaken to in vestigate. It is simply the question considered whether or no an Englishman has a right, by the law and constitu tion of his country, to publish the proceedings of an Eng lish court of jastiee t If this be a question involving, or even affecting a particular system of politics, then I must confess that I have been egiegionsly mistaken iu my view of the case. I defend the affirmstive of the proposition, conceiving the right of publication essential to the pure administration of the law hi our venerable courts of Jus tice, who, like Truth, her constant undeviating compa nion, needs neklier mask nor veil. Notssitlistaniling the little differences and petty animosities occasionatty ex cited by particular measures, we should never sacrifice our judgments to our feelings, nor our charity to our indignation. We should bury all our private resentments in the public benefit of our hallowed country. Cairo investigation is astral, bat violent contention is always dangerous.'• The nature of the work, which consists of well selected authorities, precludes the, possibility of a quotation—we therefore chi*: our notice of it with a re-iteration of our thanks to the author, for a laborious and essentially useful publication, in de fence of that right, which " Is like the air we breathe, if we have it not, we die." TIE NATIONAL nr.ctsTrn LAW INTELLIGENCE. COURT OF KING'S MSGR. 1141VAIJAY, APRIL lb RlDfili STILLEr a OCILTY. TJI XING V. SIR JOIIN SEWELL, R. Mlntli.4l", LOYGCE- VILLE CL•IllS, •110 t. S. 61141 tr. _ - Oa tbe Cheri Junice taking Ins hut, the came of the hind tt. Murray and utber• WEIS Called uu, uud we follow 1116 opt ei4ljururs were ►worn : Juin' Lerch, Edward Hughes, WillLm 'Whitwoith, Thu., Fenn, John Scott, James Flood, Thos. Todd, and Tuausas Pat ker. The tales being prayed by Mr. Scarlet., ibe fallowing made up the Jur) : —James Penmen, Touisias Richard Wilson, Julio 'friegge. '1 he eoutisei fin the pr.mr cutiod were Messrs. Scarlett, Denman, and Evans; for the defendants, Mew s. Gurney. Midair, nod Adolpuu•. 1 . 5 e fudicuneot was read by Mi. haulm, Toarging the urtendamts with conspiracy and extortion, rod also with admiuietering unlawful oaths, &c. eiMr. Scarlet& having opened the case, W. Atkinson of the Loudon amid, Bookseller, swore that lie had bee,. arrested by the Constitutional Association. He appeared with bail whoiu the tipstati knew to be responsible, hot Murray demanded 4s hours notice, and in consequence of *lnch witness was conveyed to Horsemonger Jail, where he lay five days, and wan, after paying Ids. humus over in his own reeuguirsnce-181. 10.. Sd, was afiet win ds demanded of him for expenses ; but the committee afterwards reduced them to 51. which lie paid. .11111101 Billiton had paid Mr. Murray SEI. for Mr. Wardle of the Mate:mats %Well compromised inaictmeuts preferred against Mr. Wardle—but Mr. W. considered himself ti eat, d very politely by Mr. Murray, awl di►daimed to charge Mos with extortion. • - Mr. -Dolby also complained of the conduct of Mr. Mae ray ; us did Mr. Thelwall of the Chao:pion, a hose bail a.is denied, bim.rlt locked up, and Mr. Murray had afterwards deraanded . 4s bout. notice ut bail. Mr. Justice flulruy d said, Mr. Murray ought not to have demanded this. James Harmer proved that the regular charges of the profession were much less than that charged by Mr. Slaw in these i kdietments. l r.liurney addressed the Jury on behalf of the defendants. The Clue( Juatice rammed up, anti the Jury after a guar. ter of an hoar% run.ideratiurt, returned a verdict or nol The Jury eou.sidered that Mr. Thelwall had been harshly treated toy Mr. Murray. COVENT GARDEN THEATRE. • On Monday last, as usual, a new afterpiece, dedicated to the holiday 1011 , , was produced - at this theatre—our other engagements, however, prevented our seeing it earlier than Thursday evening,.when it was preceded by that justly great favourite of the public " flab Roy Mac gregor," iu the periormance of which ad the actors awl actresses appeared to vie with each other in point of excel letice—M'Creatly's chef d celtere is certainly the CTISIACIer whence the piece derives its name, and Liston in the I3ailtie lost nothing of his high estimation—Miss M. Tree played Diana, and by her excellent playing and singing made us cease to regret the absence of Alia Stephens—Blanchard threw Owen into even a more pr . ,. minent situation than the author ever amicipated rte could attain, while Do Roger's Fronk appeareti to late the eminence that surrounded it. Tile junior pans of the audience, however, were in Igeatitless expeciatioa, for they did not enter into the loves or trouh'es of Diana and Frank, and at last the rising of the curt its pioclainted the commencement of the new grand Asiatic Melo•Dramatic Romance, founded on the Fairy Tare called Cherry and Fair Star, or the Children of Cyprus. 'Foe incidents GI the charming story of Perautt, wind' have. so oft delighted the juvenile mind, are All made dramatic. Frame Cherry was personified by Mrs. VINING, and Fair Star by Miss Foot's. The talents each were seen in the greatest advantage, and its snort the whole Dramatis Personas couiributed ably to the hie and spirit of the piece. The overture and rustle pertly increased she pleasure of the audience, particularly the lytic part. Several of she songs were received with ap plause, and encored. A succession of beautiful scenery produced general admiration. -The •celebrated Isle of Penedos, upon the coast of Nattalia, standing at the foot of a mountain; the port oh Cyprus, Its the Nleiliterraaeati. an I the arrival of a splendid Grecian galley in OA har bour, were hailed as rich specimens of art and scenic effect. The Bower of Illusion, in which every object WAS multiplied, and every part of the scenery auginen.ed imermitiably, was brilliant iii the extreme. The wiling conducted the spectator to the regions of fairyisiti, leading fancy and taste to the inmost Barite of fascination. l'ire 13iiriiing Forest, which,surrottaided the Enchanted Baits of among Waters, re .lizeil the epic and deliahtful des. cription of Tasso, and the lovely scenery of Comoros.— Tile terrific Peal: on the Caucasus, and the Palace of the Emperor of Cyprus, were also subjects for aden.ration.--• On the whole our theatrical experience does not reitilud us of any piece, partaking of pantomime bttt divested of its ennuyant follies, in which toe associated arts or the scene painter and machinist have been so costlily, si brilliantly, or so effectually combined. We cannot close our observations without entering our protest against the performances being allowed to encroach on the morning, which was the case on the night we allude to, and we really think taat the Lor.l Chambeilain would serve the theatres and the public if he issued a positive order for all the perfortnancvs to coa chute at or Wore eleven o'clock—the present late hours are in (act a terror to those who must attend to business the next day. It is reported t.:lat a matrimonial alliance is nego ciating between Lord Prudhoe, brother to the Doke of Northumberland, and Lady Caroline Graham, youngest daughter of the Duke of Montrose. A strata of coal has been found on fidenhain Chace, bordering on the forest of Dean, Olouees.. tersh:.-e, which is likely to afford an abundant sail ply to that district. t:7