Star. — London, England, 1803-01-21 00:00:00

LAW INTELLIGVITE. HIGH 'TREASON. Yeßerday, was the day fixed for the opening of the Special Comma:Gott appointed for the trial of Colonel Defpard, and of thofe perfons who were , arrefted at the fame time and upon the fame charge, a lift of whom we gave in our tall Paper. This fubjed has excited luch nniverfal intereft, that a number of perfons prefented themfelves for admiffion at the Seffions Houfe,Horfemonger-lane, at a very early hour in the morning ; but the ap plications were fo numerous, that it was found ne ceffary to reftriet the admiffions to thofe who had tickets from the Sheriff, or were introduced by a Magiftrate of the county. The Judges appointed by the Special Commit- Con were met at the Obelifk in St. George's-fields, in their carriages, by EDWARD Parris, Efq. High Sheriff of the county, when the Procellion moved on to the Seffions Houfe in the following order : The Judges' Trumpeters. Mr. Pope, the High Cooltabk of EaR Brixton, on Horfeback. Fifty Cooftables, two and two. The Sherif 'a men in Livery, with their Javelins and Hangers. The Sheriff and Under-Serif. The Judges in their refpedtive carriages. Moft of the Police Officers of the metropolis, and nearly 200 Conftables attended upon this occafion, and brought up the rear. About half pall eleven o'cicick the Cavalcade arrived at the Se ions Houfe. The Judges were. The Right Honourable Lord ELLIWIOROUGM, Chief Janice • of England. Sir AAAAAA Tints noir, Knight, one of the Barons of the Exchequer. Sir SIMON La BLANC, one of the Jultices of the King's Bench. Sir ALAN CNA MN e,ock ache palms of the Common Pleas. The Commillion was then read, and the Grand Panne' of the County was called over, and on the name of Mr. CARFENTIII SMITH being mentioned, that Gentleman rofe, and after expreffing his un vrillinmefs to (brink from his duty, requefted to know from the Bench, whether his having been one of the bLigiftrates, under whore warrant Colonel Defpard and his fellow-prifoners were originally apprehended, did not render him ineligible to be come a member of the Jury on this occafion ? Lord E 1.24 aolono N.—That circum Rance does not difqnslify you, but as there is inch a numerous attendance of jurors, it will not be inconvenient to excufe you. On the awe of LordTsto 'mown, being called, Lord Etttaaoacioon foggefted that, as according to the articles of the Union, Iriffi Peers were be. come Peers niche United Kingdom, it might be. come a qUaiON whether the Noble Perfonage al luded to, was the peer of the perfons to be tried under this Conlmiffion. The name of Lord Tao G /I • MOUTH was therefore omitted. The following Gentlemen were (worn of the Grand Jury : The Rigbe Honourable George Sr Rebore Burnett, Km. Wawa !Oyu Leak, eau- R. Hoiderj. Bfq. wok, called Lord Vifermat Thaw Tre . Efq 'r Efq. lioresuri. Ake* The Ride Haw. Tone Ord- pi! L_Taalleatternl• kw, awntaarily ailed Vt. teIIIML CMOS,. 17/17 Y NIS:htel. 114 alert Haawambla Haan Num Om balk essiansaly east- Thomas Page. 114. if+ ad Lad WSW MIL p u n isme whkinere, Ilmarmrabk CbmPplalketrie. are Mora Pa PoodloO risese Birk Orkin k i Ram Themeo,yrt ;OF abrathearga Olga. Bu re. Rkbard Wray Maq. errThome Tatum Slrt. Jan Web Warm. PA. The twenty-three Gentlemen above named hav ing been (worn as a Grand Jury, Lord Et.i.sw sonoutni addreffed them to the folloniqg effeit : '4 Gentlemen of the Grand Jury—Ke are af (cabled on this occafion under the author ity of his kfajelly's Special Commiffion, ifued for the trial of certain perfons charged with all or Come of the offences therein fpecified. Thole offences are, High Treafon, Mifprifion of Treafon—offences againft a (Unite paled in the ,6th year of the reign of his prefsnt Majefty, entitled, " An Ad for the. Safety and Prefervation of his Majeßy' Perron and Government again& Treafonable and Seditious Praelices and Attempts," and againft another flame, paled in the Arh year of the reign of his prcfent Majefty, intakd, " An Aft for the better Prevention and Puniffiment of At tempts to (educe Perfons renting in his Majefty's Fortes, by Sea or Land, from their Duty and Allegiance to his Majefty, or to incite them to Mutiny or Difobedience," and laftly.againft ano ther AR, paled in the fame 37th year of his Ma jelly's reign, bladed, " An Ad for the more ef feßually preventing the adrainiftering or taking of unlawful Oaths." Many of the offences I have enumerated are of thofe fpecies which, from their peculiar malignity, their Inanifeft danger to the peace, happinefs, and feenrity of the realm, and their obvious tendency to ffibvert and deftroy the foundation of all government, have been placed in the higheß clefs of crimes. By this I (hall be underftood to mean the crime of high treafon againft the perfon and authority of the King.— Another offence of the fame nature, immediately fully& to your cognisance. and againft which the dente of the 37th Geo. 111. is exprefsly direited, is an offence, fecond only in degree, and inferior only in magnitude, to the crime of high troika, and of which they form, in foss mks, a very material part-. 4 mean the crime of (educing, or attempting to (educe perfons (erring his %spiky by lea or land. The law of this land, from the remoteft peeiods,has with as anxiety in a confider. able degree, proportioned to the magn itude of the objell, but of late gears more particularly Co, owing to a variety of circtundances, at prefect aeceliary for me to dwell upon, watched, with a jealous eye, for the life and fafety of the Sovereign. It has confidered, in this innanee, the nufi.hievons workings of the imagination, and the malignant feelings of the heart when diretted towards the dearulbon of the life Of the King, as criminal as any all conducing to the carrying them iego execution. It has rendered the bare intention is deeply aimingl as the perpetration of the anxious deed. To afcertens and lewdly's itich a porpofe in the mind, and thole cells dot are done in furtherance of it, and in law denomi nated avert aas, has at all times been the molt weighty pan of the duty of a Jury, charged with the important funakes you are called epos to curdle. What mould be deemed laciest oven aas of crimping the death of the King, or in other words, what ads fhould amount to evidence of fuch a purpofe, has been occafionally the rabic& of much difpute ; but long before the paling the late Ratute of the 36th George 111. this appears to have been fettled by the molt able authorities: That all meaftues adopted for depofing the King from his Royal State; all meafures of force againft his Royal Perron, either for attacking, obtaining paten - ion of, or fubjeaing it to impri fonment, are, without exception, impreffed with the Ramp and denomination of overt ads, and are entitled to be received as the molt cogent and decifive evidence of the offence of high treafon. Authorities have alto fettled, that any confulting or meeting, with a view to effect filch purpofe, although nothing fhottld be done, and though the whole fclieme and plan fhould be rendered abor tive, and further, that any content given to fuch confultations or meetings, which is to be collected from circumftances of approbation, or other evi dence, are all of them overt ads of that fpecies of high treafon which confifts in cempaffing and ima-1 gining the death of the King. All pretence for doubt upon a fubjea, which it is of fuch impor tance to have cleared of every difficulty, has been for all future times obviated by the wife and pru dent provifions of the 36th of his precept Majetty,l which enacts, that if any perfon within the realm, I or without, (hall compafs, imagine, invent, device, or intend death or deftruttion, or any bodily harm, tending to death or deftruaion, maim, or wound. ing, imprifonment or reftraint of the perfon of our Sovereign Lord the King, or to deprive or depofe him from the Rile, honour, or kingly name, of the Imperial Crown of this realm, or to levy war again(' his Majefty within this realm, in order, by force or conftraint, to compel him to change his meafures or councils ; and filch compaffings, imaginations, inventions, devices, or intentions, than - exprefs, utter, or declare by any overt et, Inch pylon fo offending (hall be adjudged to be a traitor, and fuffer death. To compafs, imagine, or devife the death, imprifonment, or reltraint of the King, is now expreffed in a clear and politive Ratute, an a& of high treafon, precifely as that offence Rands under the letter of the cth Edw.III. —The fame may be Laid of all thole treafons which are fpecifically conneaed with the Ratute of George 111. ; and I (hall only fcle& as matter of obfervation to you, the compaffing, imagining, or advifing the death of the King ; becaufe it is probable that fuch offence is the one to which your attention will be more particularly called.— I have already Rated thet fuch ads as indicate an intention of committing any of the offences within the Ratute, are properly overt ails of high treafon. —All overt aft' are required, by the Ratute 7th William 111. ch. 3. to be named in the indictment, in order that the prifoner may be apprifed of the charges againft him, and know to what point to dire& his defence ; but the numerous parti culars into which fuch a charge may branch, need not be detailed, and fpread upon the re cord; it is enough that notice of the overt-a@ be fpecified with convenient certainty, and when this is done, the many other circumftances with which the overt-ad is connefted, need be no further Rated : the other matters may be confidered as fo many parts and appendages of what has been be fore let out, and as virtually included in it. I have Paid thus much, in the hope of affording you fome affillance, fo as to enable you to underhand the meaning of the form of the indictment which will prefendy be laid before you, couched of courfe in the technical language of which you will find it compofed, and compare it with the proof in fupport of it, which will be fubrnitted to your con. federation. I will now proceed to Rate to you what proof the law requires. In the firtt place the law requires, that the crime of that treafon be tried in the county where part, or the whole, of the offence was committed. Some one overt '@ of compaffing the death of the King, or of le vying war artist him, mutt be proved by one witnefs to have been committed in the county where the trial is to take place; one meeting to carry a traiterous deign into execution muff be proved to have been held within the county ; or fome other a& of a ftmilar tendency, mutt be ()sewn to have been committed. This is previoutly need: fary, to invelt you with a legal power to inveßi gate the Cubic& in all its details. When this proof (ball have been laid before you, you are at liberty to enquire into any other fait, whether committed within or without the county. Whatever has any relation to the charge contained in the indictment mutt be received as evidence, without any objec tion on your part—l mean as far as refpeas the locality of the evidence. The law alto requires, as well on the trial by the Grand Jury, as by the other jury, that the overt-ads (hall be proved by the oaths of two witneffes, though the oath of one is fufficient, with regard to each diftina fpe cies of overt.alt. If however the overt-a@ implies any dire& attempt, whereby the life of the King, or any bodily harm to his perfon, is threatened, in hat cafe, by the 39th and gosh of his prefent Ka the perfon accufed may be tried in like man ner, as if be was tried for murder. I am not aware that any fuch dire@ attempt will come be fore you, under the precut Commiffion. It is un neceffary for me to fuggelt any thing further, as to the form of the indiament, or the number of witneffes, by which each fpecific charge is to be fuppotted. I will, however, trefpafs on your atten tion, while I addrefs a few words to you on ano- ther part of the (obit& I mean as to the.probable tikes of the treafonable ads about to be laid be- fore you. Gentlemen of the Grand Jury, it is, perhaps, too much the nature of the fouls (idiots men, who are hardy occupied in the contemplation of radices injurious to the enuenninity, to believe that others are &dusted by fentiments funikr to theirs. The kggellions of their own depraved minds induce a confident perfuafios that there are others, woofs difisisfitions are congesial to thok by which they are influenced, and that they ate ready to &deist and fallow the impalfe of their ono chinatians. This perfuafion engenders a degree of I Masse% is the overtures of guilty men, towards thole they svik to corrupt, that happily their (di- citation generally lead to the difcovery of the mif chief which threatens the public fecurity i but the molt material part - of the diiclofure, and indeed! that which mutt develope the fecret fprings of their aCtions, can only be detailed by thofe to whom the falls were difelofed, who are partici pant in fome of the counfels of the confpirators, and who mull be conlidered as emb..rked in the fame defigns. The evidence of accomplices, al though it is competent, is at all times to be re ceived and aCted upon with jealoufy and caution ; and if, aCtuated by that jealoufy and circumfpec tion, you are not perfeltly perfuaded, the evidence derived from this flume is of fuch a nature as to afford a fatisfaCtory ground of proof, you are bound to rej..Et it, as unworthy of forming the balls of conchifions which may affeEt the lives, for tunes, or honour of the parties under accufation. In weighing, therefore, the evidence of accom plices, a Jury will naturally exiled to find fuch degree of confitlency in the tetlimony of the wit nelfes—fuch a general conformity in their relations of the facts—fuch a coincidence between them anal the main rules of ordinary probability, as (hall render the furn and fubftance of their details cre dible, and worthy of being relied on. If the evi dence of the accomplices (hall be limit as I have defcribed, you 'trill give them that credit to which, in the fair eiercife of your judgments, you (hall conceive them entitled. You will, of cootie, bear in your minds, that it is by another Jury the guilt or innocence of the parties accufed, is to be eltab !Hind, and that, upon the prefent nccafion, it is only; necetfary there fhould be a reafonable and probable ground of delinquency made out, to in duce you to put them on their trial before that Jury which, on a full enquiry into all the fat% and circumftances, and by the evidence nn both fides, (hall be enabled to pronounce a verdict of condem nation or acquittal. If fuch a cafe is brought be fore yen, it will be your duty to fubmit it to the ulterior invelligation of another Jury. At prefcnt it is only neceffary for me to add, that to refute its proper degree of credit to the teftimony of wit neffes of the defcription I have laid before you, would he to render the crime of High Treafon the means of its own proteCtion. It would be adopting a principle of dittrult, to the evidence of accom plices4which would be adverfe to the rules of com mon fenfe and public juftice. I forbear detailing to you the particulars of the offences charged againft the prifoners— they will Ihortly be detailed to you by the witnefres. By forbearing to antici pate them, I (hall avoid infpiting your minds with that degree of prejudice which might be injurious to the parties accufed ; and I am perfuaded the, ends of Juftice will be attained with equal certain ty. If it Mould appear to you, that only the fame chance of fuccefs accompanied this confpiracy which has uniformly attended other abortive trea fons, you will, on that account only, require that more circumftantial evidence (hall be laid before you, in order to fatisfy your minds of the ezittence of a fcheme fo hopelefs and ill-advifed; but if it &all be made out to your fatisfaetion, your diffidence and doubt as to the reality of fuch a cafe will be fucceeded by other fentiments ; by fentiments of furprize and honor. Surprize at the boldnefs and audacity of thofe who engaged in fuch a confpira cy, and horror at the tremendous confequences which mutt inevitably have attended its fuccefs.— Gentlemen of the Grand Jury, confiderMg who it is I am addreffmg, I fear I have occupied too long a portion of your time. I have endeavoured as far as I was able, to Rate as much to you if the nature of the indictment, the proof which you ought to require in lupport of it, and the nature and quality of that proof, as will enable you to eftimate its full value, and to draw fuch conclufions as reafon andjunice require. You will now proceed to difcharge your duty, by a full invelligation of a fubjeet, deeply of the interells of fociety, and the lives and fame of the parties accufed. I have no doubt but the refuh of your enquiry and deliberation, will be as fatisfaetory to the public, as it will be confinent with the jullice you owe to thofe perfons, who are the objeBs of that forted duty you are this day called upon to perform." The Grand Jury then retired; and twenty-one witneas loon after came into Court, and were !worn to give evidence on a Bill prefented againft fourteen ofthe prifoners, one having this day been admitted an evidence for the Crown ( Cowl,), and another(Wisseriewem),having been leftat Newgate. The Judges remained on the Bench till five o'clock ; when the Loan Passivism and Baron Townson went to dinner. On their return, Sir &MON Le ELMIC and Sir ALAN Clllllll, retired. At half peA eight in the evening, the Judges being . all retested on the Bench, the Grand Jury came to with their Bill. _ _ _ Lord Lents, the Foreman, prefented it at the Bar, and Mr. ICM•PP, Clerk of the Arraigns, de clared it to be a true Bill for If h Treafon, againft 'Edward Man* William Leader. 0111111, Wanes, Anther Graham, Thaws Dembwo, Masao Philippa. Newsiam, • Dodd nada% Soma. *ads. jobs Dark, law hibeaanwa. Charles Peadrill, no bill found againfl him. As foci° as the Grand Jury had returned the Bill, they retired, and the perfons 'pipit whom the Bill was found were ordered to the Box. Mr. Ives immediately brought them up. Loan You have beard that a true Bill has been found again you fur High Treafon. who do you with Mould be of gned as your Coanfel Colonel Defpard named Serjeant Bur and Mr. Ginner—whom the Court approved. The other prifoners not having chofen their Counfel, were informed by the Court. that they would be called up and arraigned on their India. meat upon the stb of February. and tried on the 7th ; and that at any time previous to the former day they would be at liberty to ferve entice of the names of fach Cnunfel as they fbould chafe up on the Judges at Chambers for their approbation: An order was made that the Connie) and Soli• citon fir the roamers &odd have seeds to them, at any reafonable tint's. for the pupae of taking the siecelfery inflruaioos for their defence. The psifoners were then remanded ; and the Special Conunifses Court. at nine reclack, ad journed to the sth of February.—The prifonen in general were of fqualid appearance. The Colonel was unpowdered, wore a brown coat, and a co. loured neckcloth. Nune of them appealed to be depreffed in fpirits. I, COCKPIT, WHITEHALL, JANt;ARY to. Before the molt Noble and 'ti g ht Hon. the Lords Commtaioners of Appeals in Pt iite CA ofes The Mood en Haah, Ellef,en matter.—( An Appeal from Martinico.) This was a farther proof cafe with refine to a cargo of wine, and other merchandife, which were captnred in the month of October, 1798, by his Majay's fhip Santa Margaretta, George Parker, Efq. der, and carried into the above itland, where the ulna' proceedings were had. It appeared that the cargo in queflion (nearly of the value of to,000l.) w.ts claimed on behalf of hleffrs. Cramer and Co. merchants of Copenhagen ; and it was contended on the part of the captors, that this was a mere colourable tranfaftion, in order to cover the enemy's property. Their Lordfhips, after hearing the claimants' Counfel, condemned the cargo, as good and law. ful prize to the captors. The General Wrangle, Damberg mailer. (An appeal from Gibraltar,)—This was alfo a further proof cafe with refped to the cargo, conlifting of beans. Their Lord(hips, after hearing the Counfel, on both fides, pronounced the property to belong as claimed, and condemned the refpondents in the coils of the prelim hearing. COURT OF RING', BENCH, JAN. ICI THE MAYOR OF CAMBRIDGE O. MERTON COLLEGF. This cafe occupied the whole day. It was con cluded by Mr. EaSCIIIF, Mr. Gipps, Mr. Wools, and Mr. WiLion, for the Plaintiffs, who were the Mayor, Bailiffs, and Burgefres of the town of Cambridge, and by Mr. GAILROW, Mr. DANCEY, Mr. WARREN. and Mr. Po LIAR, for the Defen dants, who were Fellows of Merton Hall,' in Ox ford, and Jefus College, and Saint John's, of the Univerfity of Cambridge. Mr. EILSIEINs, who opened this cafe with great clearnefs and perfpicuity, obferved, that this pro ceeding arofe out of a private AR of Parliament, which was lately pared, for dividing, allotting, and enclofing the common fields, and meadows, &c. within the parifh of Si. Giles's, in the townof Cambridge. On the paling of that Ad, which had for its object the enclofing of there open fields within this parilh, different claims were brought before Parliament, with regard to the right athe foil of the lands that were to be enclofed and im proved ; and they referved in the Adt a power for the different claimants to try this right. The Learned Counfel proceeded to Rate the mature of the evidence he meant to produce, and which he did produce, in rapport of the Plaintiffs claim to the foil of the open fields and wage lands in this parifh. The Town of Cambridge copfißed of fourteen parifhes, and there was no doubt but the right to the foil of all the lands in the different painters, as dercoled in the Ad of Parliament, be. longed to the Corporation of Cambridge, except thelands in the parifli of St. Giles's, which were claimed by the Defendants. Mr. Gautow here obferved, that he meant ohly, to trouble the Court and Jury in fupport of the claim of Merton Hall. The firß piece of evidence produced on the . part of the plainttris was a Charter, or rather en went, admitting that a Charter had been granter by Henry 11. of all there lands, &c. now claimed. by the Corporation of Cambridge. That wits', dated in the year t t6o, and was confirmed by , King John, is the Bth year of his reign, A. D. 1307. And there was then produced a Charter of Richard 11. in the sth year of his reign, and in the year 183. The Countil for the plaintiffs then proceeded to (hew a variety of ads of ownerthip under this grant from the Crown. They 'hewed a number leafes granted by the corporation to different per Cons, of the wale lands in the peril!' of St. Peter's:" St. Bennet's, St. Andrew's, Ste. and, then they gave a variety of inflances, of fuch leafes which they had granted, of lands of this defcription, In '• the parith of St. Giles's. There !cafes were of an ancient date, and had been renewed from time to • time, down to the prefent day. They alto fhewild. from the hooks of the Corporation, a number of it. glances where they had granted, for a valuable confideration, a licence to plant trees on different parts of there lands, and they had received a fum of money from a Vice Chancellor of the Univerfit r ,. for permitting force trees to Rand as an orpiment, and as a Rude to the walks. --- On the part of Merton College, the defendant% in order to anfwer the evidences of the plaintif they began with producing an original deed, dated in the y4th of Heavy 111. from which it appeared, that William de Manfield had granted them a Bone-honfe and garden. adjacent to it, in this parith of St. Giles's. They then produced a copy of a grant to the Warden and Scholars of Merton Hall. This was a confirmation by Charles,. I. of the manor of Merton College, in Cambr idge, , which is called Pythagoras's Farm. They thf. (hewed, that from the 14th of Henry VIII. dowk"; wards, a Court belonging to this Manor had betF, regularly held, at which prefentments had made. They alto Brewed that the Corpora Cambridge p*id sos. per annum to Merton, fir t g mill which they leafed from the defendants. It farther appeared in evidence. that this farm of Merton College, which was filtrated in the pa. fiat of St. Giles's, in the town of Cambridge, achy contained from yo.to 6o acres, to which they had an undoubted right. and nobody was bugle&lea with them. But they contended they had a right to all the open fields and wane lands is this peril, which amounted to teuo acres. The tenant of Merton Farm had an extenfire &cep-walk over the whole parifir, when the corn was taken off.— He had a right of going on the lands of thofe w ko did not hold of Merton College; St. John's Col. liege had a right egnallyestenfive, and Sir Charles Cotton had alio a right of this fort, but After a fhort reply from Mr. ERSKINE, Mr. Jullice LAWRIINCII up :he evidend