The National Register. — London, England, 1821-02-12 00:00:00

6 7 . LAW REPORT. COURT OF KINGS BENCH, THURSDAY. FLO. 8. JUDGMENT OF THE COURT. THU RING V. SIR F. lIVIIDLT'r. When the Court was full, the Attorney-General moved for the juidgemetit of the Court upon Sir Francis Burdett. The worthy Baronet had just entered the Court, ac companied by Lord Nugent, Nlr. Holdionse, NI. P. Mr. P. Palmer, P. Mr. Bickerstalt, Sir it,nert Heron, and set real other friends. ilr. Scarlett then put in two affidavits : the first front Sir Francis Burdett, which set for.h, that lie had hero. a Alember of the Imperial Parliament for twenty-four years, and had uniformly hero an advocate fur a legal and Constitthional Reform, which he ()Verily avowed, and felt and believed to be essential to the stability of the Throne, the vigour of the Government, and the cnotetitment and happiness of the people. That `tis it object hail always been to effect that Reform bv such means as would prevent the interposition nl popular excess of any kind. lie Ind akva s conceived that the right of Petition was a righisactedly recognized by the Constitution, anti in the exercise of which the ji ople had a right to protection, am; not molesiai ion.— The affidavit further stated, that the lion. Baronet when he heard of the fatal aflair at Manchester, kit it to be a daring millary outrage, directly attackitig the nalit tit Petition, and one which urged tutu to call mato his Constituents to come fir ward and lowest against such an ow The other affidavit was from r. Harmer, and merely went to skew that the Honourable Baronet could not have seen Lord Sitiniouth's approbatiou of the Manches ter 'Magistrates at the tone he wrote that letter. Mr. Seat lett the ruse, and made an admirable appeal to the Court in behalf of tne worthy II uotiet. The Learned Counsel set out with stating, Olaf, whateee might have been the political differences which, at pal ticular times, he might have had with Sir F. Burdett, yet it was utterly impossible he could look spin him the less, on that :ice ttttt it, as a lII3Ii of the first importance to society. There never was, he said, a man upon whom the public attention was more fixed, or the public affec tion more concentrated. Sir Francis Burdett might, indeed, be said to be a man upon whom a friend was never alienated on account of political difierehers. In all the relatirms of ide, tic stood disioterested, honoura ble, and illustrious, and l'or twenty-five years stood erect a mil the admiration of his c ttttt Itry. Throughout that lung period his conduct had always been open and avowed. hits high birth, his splendid fortune, his illus trious talents, his education, placed him by continuo consent, first among the first rank of the G.-interne-it of England. His life had been a public one—it would form a part of the history on the country, aim would be reverenced by impartial posterity, when the judgment of his contemporaries should he reviewed with calmness, and d ives ted of piditical passion or prejudice. On no former occasion had a British Court been called upon to take cognizance of a case more important, or with re ference to a more distittguished man. When a gentle man of England, like the Lion. Baronet, called on the gentlemen of England to come forward for redress of grievances in a CaSe like the transactions 31 Manchester it was ridiculous and fallacious to say its rilijeCt was to excite tumult. foe Bill of Rights had declared the right of the People to petition the King, and he hoped it never wculd be said in a Colin of Justice that he who is recommending the sun jests of the coutory to petition the King was eXCltilig tumult. It had beim said by one of the greatest legislators, that the best goveriiment upon earth was that in winch every nulls idual had a sense of justice which he preferred to private interest. 'lucre was no country where that feeling applied more than in England. So long as the people on England were dis posed to treat every species of wrong done to individuals as wrong done to themselves, so lung would freedunt Ise dearly cherished ; hut ii the transactions of Nlancliesier could pass unheeded, they might in Moire look thr Government riot of treedom but the sword. The Court would see by the allida‘ its that the detendatit did not feel that the ilisappluita ion in timer ttttt ent could alter his sentiments which tie expressed in his letter. He was firm m the generous ardo•ir iii sit Enalisitinan acting upon the best motives. 'the lion. Baronet did not know at the time he wrote the letter that the dreadful outra g e was not the rash act or some military commander, win.) had poured in his armed bands mom a mfene:less body of tine King's stiljecas, quietly assembled to exercise a colistilutional 'two. The feeling of indigitation was natural upon hearing the event. Ito making this address in behalf of toe delentlant, he did nut meat, to enquire into the objects of those with assembled the theeiiii. It was a fact, that sonic ua iuuse persons had attacked lOW with deep political feeling. 'Die q ties' in ni was, whether it was 3 proceeding which (111141, toe been approved even by the Judges of the 1411(11 Tne employ ment or the military was obnoxious to every lover of the Constitotimi. The letter did tint call on persona le, resort to mouth, bill to putilibli and secomily, to chew (ha sufferers there was a feelina. n, their country men which might had to real rest. If tine day should e‘er come in which a Gentleman of England should he puoislied for one i xpressoni Al such motives, there would lit au cud to all teelings of ho tttttt r and Ireetloni. lie knew the Court would not punish for such motives. Wl:atever might be the decision of the t.assing day, he would say, if the lion. Baronet was spared to discharge Its duties to his country, lie would, tu the longest day of his life, act with num, caution. Detiman, on the same side. said, his feelings were more acute, if possible, than tho.e of his leatiii-d felted. Hd % lIIg been canplo)ed fur the hohusirdhie barouet troth the eun.lnenU•lbrbl of the pi useciiiiim, he was enabled to judge of all ilie facts. fle dud slut cousider it nece.- i.a: s to go int., a resiew of all the lectures ut 16e case, bat he oas Taxon' , " to aft trial himrell against the charge of 1.01 oat a nig wain:tent opeo,illoll to the letter which o•.. rot Wilted In iiirjoodi% • huhunrable basnoei Ai the tone t.l Lis Mal. Flu wtthed to clam loaned I.nlll any THE NATIONAL REGISTER doubt eniertained by any one upon that subject. He had no means of objecting to the letter written' to the jury, and which appeared on the day of the hon. defendant's trial. When the lion. baronet w Ins passage through the country heard of the bloody acts at Ailluiclivster, lie had every oration to believe what WAS narrated in the news napes s, which remained tincoutradieted at the present day. When a man, a representative in parliament heard of such bloody deeds, was it lint his duty as a man and a gentleman to express the sentiments be had written ? It Was iueumbrnt on him to call our the gentlemen of the county I. show that [Ley were lad insensible to the sill feints..., of their county. Was a man atitiva upon sorb au occa to write coolly and with 1114111 C matieal preci stun ? Could an Englishman and afi tend to reform write any oilier way ? The quotation Wool Shakespear, of bloody Netts's, was forced, as it were, from him. 'l'he tact was, that some were slaughtered. others wounded.— 'I be father found his on dead, the sister her brother, and the mother her son, %dieting in his blood. Ali. Denman cited the account which Nye:lied in the papers describ ing the awful scene. It %%rut on to impute to the refor mers euwardice, rather that' violestee on that occasion-- collid lie said of those oho could induce their :yoveiii reign to return thanks? If the honourable barmiest hail spoken of such transaciiiiii• with calm composure an impotent language, it would have 141VVII a sanction to the act. When the thing somild occupy tile futtire con , lded lit posterity (and it was said there was no rides. voile mink by goyetlllllllll to 3111.11/41 the authots of hurl' a calamity, and that punishment WAS imposed ou hull whose objects were (audible) what would lie the emielsi stun ? Ile would nut sisppose the court could yield to popular clamour ; but lie would a,ly, if this hail happened a century ago, would they not censure the proceeding ? This relict tom wottlil pet lisps induce them not to visit with severity a noun whose MO IVO, were good, but whose language had been %aim. Tiro offence was simple con fined to those expressions which he did not justtly. Ili sound legal discretion they should sail have been allowed to find the way in publication, but tile court would not admit that the expression 11t too much feeling, iu calling for justice, should be piiiiisheil so as to check the best feeling of Ilse human Item t. Mi. Phillips, Mr. Blackman, and Mr. Evans followed on the sane side, and at glued in strong terms that the sentence of the Court ought to be lenient. Judge Black stone had 'clearly laid down the light of the people to Hike( fur the purpose or petitioning, 411,1 whru that right ails violated, the Innionrable bat onet addressed to iris countsymen and constituents the language of an honest 111411. 'fife Attorney General stood there to ask their Lord ships'ititiginent, after a verdict of a Jury had I I the deli:infant guilty of the wiener fur which be stood in that The ipiestion iodine their lordships wa., whetttar the. nlutive•ot the 110110111414 e deteml4lll WAS quill ur bail lle had hoard the athdavits, and, giving credit to the de tend-int fur all he °titled, he was bound to tell him, that, how e-Vrr Ili , Wilt his leo-bugs carte, he most take Cale how he expressed those feelings. The tan ids of the hull. baronet should have iiidtle turn 11101 e cautious It was in con s equence of his high raid, and iiditsence mat the nori eras mule likely to ire inisehier nu*. 'late Court would calmly and dispassionately cunsitici the whole case, and %slide their sentence was tree front bindietive faelnig, they should also take tale the public should be pro tected. The Solicitor General declined adding any observations to those tii•Uc by the Atioruey General. The Judges then tif liburated hear half an hour. Mr. Justice Bayley then lout iiiiii ictO jwhun nt. II Lindsay, addressing Sir F. 13u dell, sulJ it 'soli his painful mid thinteasaut duty, tit Inc stioattaii be. nein, to pass MI him the sentence, which, after a Col efill COasalelillloll of all the cil cutustances, the tom t felt themselves called upon to pass. It happened in t h e course of tile ploceedings I. variance. of opinion had happened, which ditterruces had been alluded to this day. It was, however, a dilference of u IA.01'114:4'1 description, namely, whether there was a proof of the piiblicutimi in the County of Leicester 1 There cou.d, how ever, have beesi no &min, if the Court had granted it he w trial, other esiddirr might have been found to she w it aus circulated in the county, and that a mild in law have been a publication, In Ine letter to Lord Solomon the defend:nit admitted himself to be the author, and that thing the case, it a as for the court to say a list was a proper punishment tor a libel of this nature and character. It was impossible to say a hat oh. the exact state of the public mud tit tlw time the letter ails a riit, ii, Wilk ideation to the facts Oa the libel aas found, d. It a;o, hot% ever, fnuntled on facts of a Inch the writer ails ignorasit, but wt itten lcr great excitements Coming, flit a a member of Parliament, a Mall Ot rank and ellat.i. Ire, aa it dot, the letter must have ni -1 co-eat. 41 Unit est iteimni. I,Ut It au, that the letter tt its written (us indeed from its style is appaietit ) in g. rat haste, and under the 1.11 .ence cacti. a leelitt4s. file Innicanahle deb - inlaid had just, :is he niniselt had sthted) read is some neabillilWrs a bialealellt, Which represented that men, women, and Clai.urell, peaceably usiclnblyd, had been cut down by armed !once in cold blood. (hod forbid that la this country any mail vu-oild read such, U statement u. Illy without horroe amid iudignaliou. Rat the hoanurable &reactant should have recollected, that lie had no right to assume tile facts to have bee.' to front the statements in the newspaper.—lie should also have. knots ii, that the crime which escited his iiiilOiation was the highest known to Ike laws, and the proof of amen would reach the life of the party id parties conniitthg it. The him. Its 1 should, theiefore have borne in mind, on so imp°, tatit and solemn an occasion, that the law secured for every man, Whall!VVf were his crime, a cool aid imp: i teal trial l and that to ex cite tne pulthe 'mud w hide yet Orr pail) 5541 Opel) to the tribunals of the law, ass to dose minate a prejudwe from hich it was the especial object of Cie law to protect every indit idual. The I Baronet had also assumed, ait 'tout the smallest proof, that the Goveniment Welk, a iilrraoulaattag party to the oil rage all *lnch lie made SO bl MIRK a COMMCIa. Taw Court tak log into crowd. raison all the circumstances 01 the tu.e, din hider and ailjutlAe—'Taut the defendant, Sir Francis Burdett, for this idience, do pay a line of il/001. and glint lie be inipris 1111 l .01 in the custody of the Alarshal Of the SLirshalsea, Go the trim of Once calendar months, and remain hum tamed till th. h.,e o paid. The sentence a a- ie., ova (no doubt from its comparative Mildness) with Mod oeministratiiiiis of app gut., Which called forth the repreliensmo Cool t. The Honourable Brionet was cotigralulated by his friends alto *etc to Con: t , among about. in addition to the Mimes al• hate b. hoe men, d , wet it Mr. Lellailloll, Sir Robert W i lsaii, Ali. 11. - imett, and several other Aleut bets of Parliament. (Li a back scat, bclrlud the Counsel, we ob d Ur. 11. Juiimei. The sentence was received without the walls of the Court by acclamations from an immense concourse of the people, who were waiting in expectation of the appear- WWl' ut 'ir Francis. Soon after the sentence the Hon. Belt. drove Mr with the tipstall and Mr. Holdionse, in a hackney-conch, over Westinimter-hridge, to the King's Bench. FRIDAY, FEB. 9. FORGERY OF COUNSEL'S SIGNATURES. Is THE sivrecit or •NTIIONY %ATM, GENT. J...ssupp HU a former clay obtained a rule to show ca.ise, wily this gentleman, an Amours , of the Court. should not answer the matters of an affidavit, why he aholifil not be struck oil Ole rolls, out the alleged ground of his hating forged the name of counsel to pleas and other proceedings requiring the signature of a gentleman at the bar, and thereoy putting the fees dire thereon lino his own pocket. The trained counsel now prayed that the rule 'mot be made absolute, on an affilat it of ser vice, no cause being shots n. Mr. Justice Holroyd (the only Judge in Court) said, tl.at as the first part of the rule was of 4 C 1111111) il 'wore, it was better to make that part of it absolute ? lot his Lordship ordered that part which prayed that the party might be struck off tile rolls, should be carried lino dityCl ; and tile rule was alp.olute accordingly. We iiiideri.tatid this species of fraud has been som milted mint extensit ely by some unworthy members of the profession ; and in order to its detectitut and punish ment, it is intended to issue from the roll office, at the end of each term, a printed last of pleas, purporting to be signed by comisel, for the purpose of abet:it:lining the genuine from the lOrged siBnattires.l THE ICING V. HARPER, EDWARD., AND OTHERS. THIS was a rule c.tllmg on the defeotiMils it, thew cause why a criminal information sitotild not be filed against them tar the writing and circulating certain placards. in the town of S final', libelling the character of NI r. 13rown, an attorney of that town. The Court u3ketl if the defendants were willing to pay the costs of this application. Atter some discussion, the Court ordered the rule to be enschar, 4 ed, on payment of costs, or nude absolute, as the deleml hits pie.tsed. LIBEL AGAINST THE QUEEN. When the Court met this morning, Mr. Parke applied to the Court to have the Hide enlarged which was ot.s• tattled by Mr. Brotsgham, on Saturday last, against the Hee. thascow, A. for a Sermon he prkached at St. Mark's CiallrCll, I.l.erpool. Mr...11136er. Bayley directed Mr. Parke to consult whit Mr. Brougham, who was not in Court, and m ention Its application .1111. NA 1 1 LES. The following are extracts from the Neapolitan Journals, up to the date of the 24th . 1 • It the Spauisb Consinuti )))) is the title box of Pandora, in the estimat of the Members of 11a• Holy Alb:nice, why du not the Sovereigns of Europe direct their repioaclies and their armament, against sputa, and dismiss it heir capitals the diplomatists or Hutt cottony, iiistead of adopting the same btrp6 na repaid to Naples, anti ihreatessing her aliii.e with ruin and dest. action ? Wimat is time reason that (.:oudi MCIlerlllCll hues 11111 use the same lams,uage to the Spanish dlinister that lie ❑dupes tow dr& Pinter? Cemitili ? The problem is not dillicult to _resolve. Tue politicians in the North see clearly Unit the hydra of (Nagai clay, is, or must sooner um later, laid pi... dime by the light ante ape. They cull to intuit that Spam has berm the ruck which broke the power of Napoleon, mid caused the destruction of the dower of his troops. It is not deemed side to attack Spain, and therefore her cause prevails, but the Neapolitan 11011011 IS Colo.ldefell weak, mod is thelefUle 1114116 rd out tut up. pres.iint. Hut can success be predicted to 611(.11 an invasion ? We believe intl. A people who fi Ul for weir independence are not easily conquered. " Four hundred thousand Neapolitans are already in in ruins to detend their tummy. ir, them, the Se. is, and t,e Americans, in far leas numb, rs, could resist A list 11.1 and snake their yoke and sustain their u+u Mode. peodence, ttie Neapolilollll will be able to do .is •11,11111. will show to the whole 01 Europe, that 1,000,000 of alba. bitants as ill sutler no dictatloll ie-pecting time luau bby which they are 11/ be governed—that they ere able to resist un un just itggre-suns—aint that they as ill coadmat bravely, dtit the confidence that tar Gull at Aram will favour their cause, and w ill 1101 sutler all Inituceid people to fall beneath the sw old Of /1101e1411I'flelOy. A letter from Laybach, of a very late date, states, that since the arrival of the Duke de Gallo, the ne-qiciations and conferences have taken a turn which gives hope that peace will not be disturbed. Letters from Naples of the 19th January say,— " All our Generals seem to have resolved on re siening, one alter the other. Lieut.-Gen. Prince de Stratiano. commanding the timrth active division, has asked leave to retire." Ninny young officers of great families, who had permission to pass some days at Laybach, have sud denly received orders instantly to repair to the Army of Italy. Previous to his leaving Hardwicke the Duke of Devonshire gave a dinner to all his tenants in that part of Derbyshire. After the hospitable repast, a ball was given to the wives and daughters of the tenantry, which was opened by his Grace and the Hon. Mrs. Cavendish. At 12 o'clock the whole of the joyous company partook of un elegant supper and desert, after which dancing re-commenced with additional spirit, and it was nearly six u cluck in the morning betbre the festive scene closed. Mr. Laplume, an Admiralty Messenger, has been suddenly ordered off with despatches of tae utmost importance fur the British Naval Officer command ing in the Bay of Naples. I