The National Register. — London, England, 1822-03-11 00:00:00

, How long have you been eitilikiyed ill this sort of trade. witness said, he would decline answering this quertion. Tne alledged libels were then put in and read. They consisted of the " Atidress to the Hen 1111 l ers," upon which Vampleu was removed on Friday night. M r . Hill now rose, and proceeded to remark upon the " damages" which it was said was likely to result limo the publication, aml observed, that so tar from the passibility of danger resultimr, from the publication cl such trash as Ihe pamphlet now before them, he would maintain that the very assertion was a upon vie people tit England. If such insane ;rash were to be made the subject of crlininal prosecution, he would recommend the Governors of New to prevent the unhappy imitates of that place front having Ole use of writing in aerials, for if perchance ally of their lite rary proiluetions should fall Imo the lianas of the notary Secretary," or the Honorary Assistant ;Secretary of the Constitutional Association, we should have ikd- Limites appear at that bar to take their trial fur libelling the Constitution I 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 in procuring the work ior which they had now thought proper to prosecute the defeadant at the bar. The Common Sergeant.—Nothing has been proved respecting die Constitutional Association, and I most say you are abusing the privilege which is given you, oh atalressing the Jury, by making such an asserlion. Mr. 1101.—The witness Porton said he behoved Mr. Stiarpe and Mr. Murray— Tile Common Sergeant—The belief of the witness is no evidence. 11111 was proceeding to remark on the Conritu tioird Association, when 'lnc Common Sergeint silt! he could hear nothing 0 1 such an A-sociation. Tiltre was nu oidence about ii Lccorc tlic Court. Mr. Hill said that on the trial of Vamplew Mr. Adolphus had help allowed to indulge in a lot eulo• van upon the Constitutional Association, and he con tended that he was entitled to the slum privilege, although lie should happen to speak or the society in tallier a different strain. lire Common Sergeant made no replp Mr. 11111, in continu Ilion. said, we had at different tittles had quacks oi various kinds—we had known of quacks iu medicine, quacks advertisiwz to core the body natural—but now he had a body of political quacks— and a new medicine to physic the people into loyalty w..s adt erused and attempted to be thrust down their throws by these constitutional gentry. We had now an asso ciation of persons who were seized, it would appear, with a sun of political hypocondriacism, and who fancied that the constitution On the country, he meant) was aglilicied with all sorts of dangerous diseases, which they in their infinite wisdom hail undertaken to cure. After some hardier observations of tins kind, the learned gen tleman concluded by contending that prosecutions of tins sort did infinite harm, and calling upon the Jury to ;Acquit the defendant. 'toe Common Sergeant then proceeded to chzrge the Jury, and the Jury, alter an absence of One hour, found the defendant guilty ; but recommended him to mercy. Ile was sentenced to six months imprisonment in the Loose of correction. AKRAI‘NMENT 07 A NIAN UNKNOWN.—The shoo man of Cathie, who has relished to give his 11.11110, was put to the har to be arraigned while the Jury were con sult-611z their verdict in the last case. The indictment was read by the clerk of the court, and it coininenced "'That you, a cenain man, whose name is unknown, face. When the clerk had finished reading the indictment, he put the usual goesuun, " Are you guilty, or not guilty." Prtsoner.-1 demur. The Common Sereeant.—Do you understand the nirat.icw.of a dcitiortur ? Pn*uurr.—Yes, l do. Tile Common Sergeant.—What then is the meaning of ill 1 should be stir ry, it through ignorance of the law you should bring yourself into any awkward dilemma. Mr. PretwerLi.ast.-1 am h.s counsel, my lord, and ad% iscd The demurrer was put in and read. The substance of its as, mat lie (the prisiniei) was nut described in the indictment by any nailie. The Common Sergeant asked Mr. Adolphus if he joined issue upon the demurrer r Mr. Adolpliti , .—Dues your Lordship ask me join issue immediately? lMr. Prendergast said the defend int was ready to be ar raigned last session, and issue uugat IiIt:ILIUM to be joimd immediately. Mr. Adolphus.—Then, if your Lordship pleases, I wall take till next sessions. r.Pretidergost.—The law directs you to join imbants. Al r. AdtdpilllS.-11 the court WISH the to jolt. Itisieati 1 till (10 SO. The Common Sergean•.—lf you feel any difficulty, Mr. Adolphus, the Court will allow you time. Mr.Prenderg,lst said, tile law required that issue should Le joined iititatiltr. The Commo.l Sergeant.—" I know of no such law." I\lr. Prendergast °tiered to show, to the satisfaction of the Court, helore it rose, that such was the last•, but alter some further conversainni tile argument was ad joi, TUESDAY, MARCH s.—This afternoon, at five o'clock, the G1111:11U11 Straeant and Sir Coristopher Sandi luck 1;1,1r seals un toe %viten a young matt dressed in black, arid of decent appearance, ..as placed at the lyir. —Tuts was the mall silo Oil the et.ming Lennie put tit a heiiiiiirer, and to iili:ad out Mr. I'r„..ll(l4..rgist told hits , " 1, as your rouw , cl, advim: titsit tLu I.l;:auurrcr is ii4l 4.-„Liti;iablc." • • • THE NATIONAL REGISTER learned counsel then begged permission of the court to withdraw the demurrer, and to plead not The Common Sergeant assented. The clerk of the arraigns. —Prisoner, you stand indicted by the description of a man, whose prrson is known, but whose name is unknown, and that you on the :loth of December did, by the instigation of the &e. pub lish a blasphemous and seditious libel, &c. flow say you? Are you guilty or not guilty I Prisoner—Not guilty: Tne Common Sergeant—Prisoner, what name do you plead by I' Prisoner—By no name ; as 1 have been indicted by no name, and imprisoned by no name, I. will therelute be tried by no name. The Catnition Sergeant—'• That you cannot do; neither you nor any one else call be allowed to appear here, or act under a mask. You must give in your name before yoti plead." Prendergast—•' 1 advise you to give in your name." Prisoner—(in a surly tone) " I wont." Tile Common Sergeant—" Take hint away " The prisoner was then removed from the bar; and William Holmes was brought up, and his trial was pro ceeded in. . . . . lie W 33 charged in the usual way with publishing a blasphemous and seditious lilsel of and coaceriiiii6 our Lord the Kind, &c. Mr. W. Payne produced the pamphlet, which was delivered to hint by the Ban -sireet, officer. Cross-ex miined—The pamphlet in question was left in 1116 hands by the Bow-street officer, Porton. John Puffin), a Buw-street sworn.—lle pro duced tile pamphlet which hr had purchased from the defend: it In the shop of Carlde. The libel was then read : it consisted of the " Address to the ReMriners of Great Britain " Mr. Prendergast addressed the Jury for the defendant, and, in the course of his observaiions, dwelt with much force on the ccondnet ul this society. in prosecuting, rather than contending against the opinions which were 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 Purtan, the spy, in the shop, and he said " that is not the man." Camino!' Segeant—W hat do you mean by a spy? \l:it:less—A person who goes about entrapping men nto the sale of works 'winch they choose to eall6caitions. Mr. Adolphus (punning to Purton)—is that the person you call " a spy?" NVitnese—les. Mr. Adolphus then pointed to Harrison, the city marshalmaii, and asked which was the 111411 she meant.? Foe witness said she meant Parton. Mr. Adolphus—Did you ask Purtod to dinner.? Witness—No, indeed 1 did nut. Mr. Adolpinis--Have you had the inisfortime to have been indicted for the publication of these works? Witness—l I you call it a misfortune, I have. Mr. Adolphus—Well; in calling it a misfortune, 1 base used the mildest term I could think of. Witness—l shall have my own opinion upon the subject. Mr. Adolphus—Da yon believe in the Holy Gospel? Wuness—l shall not answer. When I Jill put upon my trial I may give my opinion upon the sulject. cross eza initiation was continued for some length, and the witness in her answers, es 'need a degree of in telligence and accumen which have seldom brew nessed in a court of justice. Whelk it had proceeded to sonic length, Air. Adolphus reminded the witness, that if she did nut believe ill the )lily Bible, the was still amenable to a prosecution fur perjury, and be would adeise her to he cautious. The witness said she had no other desire bat to speak the truth. Mr. Adolphus shortly replied upon the evidence, and remarked upon tile ctrcanutance of the refusal Which had been given by the witness Wright to declare upon her belief in the holy 13ible. The Common Sergeant charged the Jury, and the defendant was mound guilty, and was semenezd instanter to two years imprisonn tent, and at the end of that period w enter into his own recognizauces of 5001. fur his good behaviour during life. WEDNESDAY, MARCH 6.—Mary Madden, a voting woman of respectable appearance, was pot iodic bar on an iudiciment charging her with robbing, at various HMO, Mr. Adams, a respectable tradesman in W hue. cross-street, with whom she lived as serval'', of Moe sovereigns, a quantity of half-crow us, and shillings his property. It appeared that the young woman hail tic. ei.ss to the till ul Mr. Adams, woo, suspecting that he had been 'Mitred, marked some of the motley ; and hav ing made the requiste prep:minims, the prisoner was taken into custody, when the smirked money was sound iu her possession, she conlcssed tile remainder to be in her box. The Jury under the direction of the H:corder, found the primmer guilty, but strongly recommended her to mercy; in this Mr. Adams humanely joined, at the same time stating, that as her father Cher mother is dead), hearing of his daughter's misfortune, he came to him pine frantic, and had since _one ravitta mad. Tile Court said some means should be resorted to fur rcclaiiiiing the nufortunate girl to the 'wits of rectitude. Jolm Paitocr was indicted lour wilful and corrupt per darv, alle.4ed to have been committed in a Cati.e in mile Coalnton Pleas, Shell and another, v. Russell, tried at the sittings miller Aliehaelmas Thin last, at Guild!' 11. r. Walton!, for the prosecution stated, that a pared coot mini ig i(ii, w cutruiry Wok cores, was on the Ist of Dm:tither, 182.1, was packed at Sir John P.trio, and Co 's, in Unroof', and delivered to the delen•Lm:. who teas servant thew, to be taktn ui lotsseli's waggon. ctlit e, I'riday-3 reel, liimee to he forWartled by the W. 1.- gffil to Pipit - iodi. It was seait d tttin time tit'..v.id s.-al of S:r John Perriug and Cr. and directed to Messrs. Shcitls autl Cu. Bankers, at Psyui u it, to w!iu,u the 79 notes Ix longed. A parcel, sealed and directed, in imi tation of that, did arrive at Messrs. Shrills and Ca.'s, at Plymouth ; but when it was opened, it was only waste paper. Time gentlemen brought an action against Mr. Russell, as proprietor of the waggon, to recover the amount of tin• tu.ii deposited in the genuine parcel; and upon the trial of the cause iu the Common Picas, the perjury charged against the defendant was comaill• Led. Toe lollowing witnesses were examined : Mr. %Vas. Gurney, short-hand writer, produced leis notes of the evidence green by the defentlam. lie i%l ore upon the trial, that on the tst of December, he hail three parcels to carry out from Sir John ( ) erring's, and tiatt he received the parcel its question from 'Air. West. and he went hr,t to the Swau-w•itit-two-Netks, an I (.1.- livered the two other parcels. Ile was sure that lie hail the remaining parcel in his bag.. lie went immediately from thence to RuaSell's waggon-office and delivered the other. This was about half-past seven. The first per son he saw there was a working matt, who loads the wagon. lie rein-sled to be served finit, and laid down the parcel and came away ; lie was sure the parcel he received from Mr. West was the same he delivered at Russell's. lie knew a person named he was a man with one arm and red whiskers. lie could not tell exactly how long lie had known him. Re first sate hint three years ago ; he could not :.ay whether he the ISt of I.),:cena!ier or 1101. Ile (Ni.thtitigale) wag not with him at the waggon.olliee when lie delivered the parcel. Ni g .htingale was then called forward in Court, and the defendant sa d that was the man, lie would solemnly swear he was not with him at the waggon , . office. Nightingale was occasionally in the habit of visiting him at Sir John Perrin k .!:s, and L king tea wont lie did not recollect seeing any person at tote waggon-oilier but the book-keeper, and two persons It the door; he mild have seen if there hail been any otner• petsoo there, as there was light enough. Several witnesses were then called, who swore posi tively that Nightingale was not lioni home on t h e unit when lie was said to have been with the defendant at the waggon-office. 'kite defendant received au excellent character front , several witnesses. TneJnry retired for an hour and a half, and then re turned a verdict of thrills The trials for felonies being terminated, the Recorder proceeded to pais the aWful sentence of death unon the following 14 prisoners:—Daniel Withey, C. Marshal, alias Anderson, James Barnet Solomons, Robert Grout, Edward Coehrane alias Morrison, and \V.Osborne alias Clare, lilt burglary. William \l'V tile, E. Cloidleio, 11. Newbury, Henry Stepnetts, and Martha Btitterhy, for stealing in dwelling-houses. John Fieninting and Crashinan, for highway robberies; and &avert Christina', for horse stealing. Sixteen prisoners were sentenced to transportation for life, and ;:i6 for 7 years. A great outliner of prisoners were sentenced to various minor punishments. Burrell, the man con% icied of Irldit%lauelver.• by throwing . 111•..yer from the window, in Citarles linty laic, was sentenced to Mr: year's 1111prkoniticii:. A arcat number was ordered to various terms of con finement, and stun.; to be publicly, and others prisately tthipped. THuRSDAY, Nlnecti 7.—This morning the Court as. muffled at half-past ten, pursuant to the adjournment of Wednesday, for the purpose of proceeding in the trial of John Nig:limply, charged with troll and corrupt perjury, in concert with J. Painter. On his 11.1111 e hntig 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. "I he officer having returned said, that Mr. Nightingale was • "AVONIfIIi inventm." Mr. Humphries was in Court, who stated hinisell to he the solicitor of Mr. Nigbtingalr, and hail seen him at 8 o'clock; and could nut account for his having taken flight. Mr. Alley, the defendant's counsel, said it.wmild have been quite SS civil if " this hire had intimated to Min (die learned counsel) of Lis intention mot to appear, as • it would have saved hits the trouble of coming. '1 he Conintin S.:rat:ant then charged the Jerry, and ordered the bail of said Nigitiiiaale, v. hich cr:! two, in :1501. e3cii, to be estreated into his Nl:ije,ty's Exchequer. J • Painter, the person convicted of perjury on ‘Ved tiesday evening, was then placed at Cite bar, when ibc Common S:r4eant sentenced titin to be transported for seven nears. Solomon Holloway, for obtaining goods and money under false pretences, was Also ordered to be transport, d • for seven years. Tile whole business of the session being river, the Count adjourned to Wednesday, the 17th of April. The trial of the person unknown stands over until next' sessions. On Friday night tart a daring burglary was committed at nte house of Nlr. Dench, solicitor, of Ely. Tile thieve,, after scalmg borne high wails, and crossiti3 two gardens, . entered the house by forcing the simmers and talsorg ant some glass Crum the kitchen window. They ;arced eight locks in tic doting room and room a.!iiiniti t t, and suc ceeded tis carrying oil about 30 articles of plate and some wearing apparel. On obtaining their booty. the villains regaled themselves with wine and liquors in the Ming room, emptying the co:,tents of several deC.ll:lc73, and it has been vscertained ;'rum the burtung of a candle which tlny used, tit It they were not less than two hours in house. Front acme weapons %Vl.ll 1% itch t ley had armed themselves, it appears they were r: solved to make a desperate res.stance iu 111 e event of being surprised. tics, C,utta hfas acenniraniad the remains (If her husband into Oxfordshir.:, to ry the ht , t trihnte of respect to his memory. The latteral proeer,i has not yet reaglied itoyston, as it mares ut t;,e rate ;,6 not more than front ten to Wteen mile:: a day. It is not exFzeted that will be 1aterg...4.1; Lela e Mouday :text. - iii _. - y~