The National Register. — London, England, 1821-02-11 00:00:00

LAW REPORT. COURT OF KING'S BENCH, THURSDAY, yEit: A. JUDGMENT OF THE COURT. Ti' C I!. SIR F. DuRDETT. When the . I full, the Aitorney.General moved for the ! the Court upoti Sir Francis Burdett. The worthy Baronet d just entered the Court, ac companied by Lord N 0.,. it, Mr. Hohhouse, M. P. Mr. P. Palmer, M. P. Mr. Bickerstatf, Sir Robert Heron, and several other friends. Mr. Scarlett then put in two affidavits : the first from Sir Francis Burdett, which set forth, that he had beer. a kiembei of the Imperial Parliament for twetity.lour Years, and had uniformly !teen an advocate for a legal and Constitutional Reform which he openly avowed, and felt and believed to be essential to the stability of the Throne, the vigour of the Governmem, and the contentment and happiness of the people. That his' invariable object had always been to effect that Reform by such uteans as would prevent the interposition of popular excess of any kind. lie Ind always conceived that the right of Petition was a right saciedly recognized by the Constitution, and in the exercise of which the people had a right to protection, and not molestation.— l'lse affidavit further stated, that the Hon. Baronet when he heard of the fatal affair at Manchester, felt it to be a dating military outrage, directly attacking tile right of Petition, and one which urged hint to call upon his Constituents to come forward and protest against such an outrage. The other affidavit was front Mr. Harmer, and merely went to skew that the Honourable Baronet could not have seen Lord Sitimouth's approbation of the Manches ter Magistrates at the time he wrote that letter. Mr. Scarlett then ruse, and made an admirable appeal to the Court in beim! lof the worthy Baronet. .r he Learned Counsel set out with stating, that, whateve. might have been the political differences which, at par ticular times, he might have had with Sir F. Burdett, yet it was utterly iinpossible he could look upon him the less, on that account, as a man of the first importance to society. There never was, he said, a man upon whom the public attention was wore fixed, or the public affec tkin wore concentrated. Sir Francis Burdett might, indeed, be said to be a man upon whom a friend was never alienated on account of political differences. In all the relations of life, lie stood disinterested, honoura ble., and illustrious, and for twenty-five years stood erect a mid the admiration of his country. Throughout that long period his conduct had always been open and avowed. His high birth, his splendid fortune, his illus trious talents, his education, placed him by continoti consent, first among the fiat rank of the Gentlemen of England. His life had been a public one—it would form a part of the history of the country, and would be reverenced by impartial posterity, when the judgment of his contemporaries should he reviewed with calmness, sod divested of political passion or prejudice. On no former occasion had a British Court been called upon to take cognisance of a case more important, or with re ference to a more distinguished man. When a gentle man of England, like the Hon. Baronet, called on the gentlemen of England to cotne forward for redress of snevances in a case like the transactions at Manchester tit was ridiculous and fallacious to say his object was to excite tumult. The Bill of Rights had declared the right of the People so petition the King, and he hoped it never would be said in a Court of Justice that he who is recommending the subjects of the country to petition the King was exciting tumult. It had been said by one of the greatest legislators, that the best government upon earth was that in which every Mani:lug! had a sense of justice which he preferred to private interest. There was no country where that feeling applied inure than in England. So long as the people of England were dis posed to treat every species of wrong done to individuals se wrong done to themselves, so lung would freedom be dearly cherished ; hut if the transactions of Manchester could pass unheeded, they might in future look for a Government riot of freedom but the sword. The Court would see by the affidavits that the defendant did not feel that the disapprobation of Government could alter his sentiments which !I • expressed in his letter. lie WAS firm in the generous ardour of an Engtishinan acting upon the best motives. The Hon. Baronet did not know at the time lie wrote the letter that the dreadful outrage was not the rash act of some military commander, who had poured in his armed bands upon a defenceless body of the King's subjects, quietly assembled to exercise a constitutional right. The feeling of indignation was natural upon hearing the , vst.t. In making this address in behalf of the delendam, he c'iu not mean to enquire into the objects of those who assembled the meeting. It was a fact, that some of those persons had attacked him with deep political feeling. Toe question was, whether it was a proceeding which could have been approved even by the Judges of the land t The employ mein of the military was obnoxious to every lover of the Constitution. The letter did not call on persons to resort 10 'moult. but to petition Parliament, and secondly, to chew the sufferers there was a feeling in their country. men which might lead to redress. If the day should ever come it: which a Gentleman of England should be punished for one expression of such motives, there would be an end to all feelings of honour and freedom. He knew the Court would not punish for such motives. , Whatever might be the decision of the passing day, he wonld say, if the Hon. Baronet was spared to discharge his duties to his country, he would, to the longest day of his life, act with more caution. Mr. Deumao, on the same side, said, his feelings were more acute, if possible, than those of his learned friend. Having barn employed fur the honourahle baronet from the conseneneesiteot of the prosecution, lie was enabled to judge of all the facts. He did not consider it lieCedl. miry to go into a review of all the features of the case, butt he was anxious to &lend himself against the charge of pot nth ling sufficient opposition to the letter which was circulated to prejudiee the hounorable baronet at the time of his trial. Ile wished to clear himself front any THE NATIONAL REGISTER doubt entertained by any one upon that subject. He had to means of ohjeeting to the letter written to the jury, and which appeared on the day ut the hon. defendant's trial. When the hen. baronet in his passage through the country heard of the bloody acts at ;Bain!tester, lie had e:ery reason to believe uhat was narrated in the news [miters, which remained nocontradieted at the present day. Whenman, it representative 111 parliament heard ut such bloody deeds, was it tint his duty as a 111/11 and a gentleman to express the sentiments lie had writtenl It was incumbent 011 him to call .on the g,etilleinen of the country to show that they were not insensible to the suit fPrings of their country. Wits a man writing upon such au occasion to write coolly and with mathematical preci sion? Conld an Englishman and a friend to reform write in any other way The quotation trout Shakespear, of bloody Nero's, was forced, as it were, from hint. The tact was, that some were slaughtered, others wounded.— 'flee father found his sou dead, the sister her brother, and the mother her sou, weltering in his blood. Mr. Denman cited the account which appeared in the papers describ ing the awful scene. It weul on to impute to the rotor mere cowardice, rather than violence on that occasion..— What could be said of those who could induce their Sove reign to return thanks? If the honourable baronet had spoken of such transactions with calm composure au/ impotent language, it would have given a sanction to the act. When the thin should occupy the future consided ration of posterity (and it was said there was no endea vour made by government to punish the authors of such a calamity, and that punishment was imposed on him whose objects were laudible) what would be the conclu sion? He would not compose the court could yield to popular clinician.; but lie would :.sk, if this I.ad happened ' a manly ago, would they not censure the pruceeding ? This reflection would perhaps induce them not to visit with severity a man whose motives were good, bat whose language had been warm. offence was simply Con fined to those expressions whims he did nut justify. In sound legal discretion they should not have been allowed to find the way to publication, but the court would not admit that the expression of too much feeling, in calling fur justice, 6110111 d be punished so as to cheek the best feeling of the I an In:Aft. Mr. Phillips, Mr. Blackburn, and Mr. Evans followed on the saute side, and at veil ill strong terms that the sentence of the Court ought to be lenient. Judge Black stone had clearly laid dime the right of the people to ineet for the purpose of petitioeisig, mail when that right was violated, the honourable baronet addressed to his countrymen and constituents the language of au honest man. The Attorney General stood there to ask thick Lord ships' judgment, after a verdict of a Jury had (wind the defendant guilty of for utlence for which he stood iii that Court. question before their lordships was, whether the motives of the honourable defendant was good or bad 1 He had heard the uffidevits, and, giving credit to the de fendant for all lie offered, he was bound to 1111 [h et, however tad., however honest his feelings were, he must take care how he expressed those feelings. The talents of the lion. baronet should have made him more cautious I; was in consequence of his high rank and influence that the libel was inure likely to be mischievous. The Court would calmly and dispassionately consider the whole case, and while their sentence was free from vindictive feeling, they should also take care the public should he pro tected. The Solicitor General declined adding any observations to those made by the Attorney General. The Judges then deliberated near half an hour. Mr. Justice Bayley then pronounced judgment. His Lordship, addressing Sir F. Burdett, said it Wll6 his painful and impleasaut duty, ill the simulate' be held, to pass 011 him the sentence, which, ufter a careful consideration of all the circumstances, the court felt themselves called upon to pins. It happened In the course of the proceediugs mule variance of opinion had happetted, which differetices had been alluded to this day. It win, however, a difference of a technical description, namely, whether there was a proof of the publication in the County of Leicester? There could, how ever, have been no doubt, if the Court had granted a new trial, other evidence might have been found tit shew it was circulated in the county, and that would in law have been a publication. In the letter to Lord Sichnonth the defendant admitted himself to be the author, and that being the case, it was fur the court to say what was a proper punishment for a libel of this mature and character. It was impossible to say it hat was the exact state of the public mind at the time the letter was written, with relation to the facts on which the libel wits founded. It was, however, founded on facts of which the writer was ignorant, but written under great excitement. Coming from a member of Parliament, n luau of rank and character, as it did, the letter most have in creased that excitement. True it was that the letter was written (as indeed from its style is apparent) in great haste, and under the influence of highly excited feelings. The honourable defendant had just, as he himself had slated) read in sonic newspapers a statement, which represented that men, women, and children, peaceably assembled, had been cut down by au armed force in cesld blood. God forbid that in this country any mall should read such a staleinent as this without horror and indignation. Bill the huouurable defendant should have recollected, that he had no right to assume the facts to have bent so from the statements in the newspaper.—lle should also have known, that the crime which excited his indignatiou was the highest known to the laws, and the proof of which would reach the life of the party of parties committing it. The hon. Baronet should, therefore have borne in mind, on so important and soteinu Illloccasion, that the law secured for every snail, whatever were his crime, a cool and impartial trial; and that to ex cite the public mind while yet the party was open to the tribunals of the law, was to disseminate a prejudiceproct every which it was the especial object of th e l aw t o protect individual. The hou. Burunet had also assumed, without the smallest proof, that the Goveninient was a Ipremiditating party to the outrage au which he made so wrong a comment. The Court taking lutes consideratiou all the circumstances of the (the, did order and adjudge —That the defendant, Sir Francis Burdett, for this ofkuce, do pay a fine of 20006 and that he be suit ied iu the custody of the Marshal of the Marshalsea, for the term of three calendar mouths, and remain ham 6usied till the due is paid. The sentence was received (no doubt from it, comparative mildness) with luud demonstrations of app dose, which called forth the repreliensiou of the Court. Honourable Baronet was congratulated by his friends who were ill Court, among when', in addition to the names we. have b e fore menti one d, were Mr. Lambi on, Sir Robert ikon, Mr. Bennett, and several other Aleut hers of Parliameut. Oa a back seat, behiud the Couusel, we observed Mi. H. Sumner. The sentence way received without the walls of the Court by acclamations from an immense concuurce of the people, who were waiting in expectation of the appear ance or ~r Francis. sums after the Sentence the Hon. Bart. drove off with the tipstaff and Mr. Hohhoure, in a hackney-coach, over Westminster-bridge, to the King's Bench. IItZDAY, revs. 9. FORGERY OF COUNSEL'S SIGNATURES. IN THS NATTER OP ARTNSAIf W ATTS, DINT. Mr. Jessopp on a former day obtained a rule to shew cause, why this gentleman, an Attorney of the Court, should not answer the matters of an affidavit, why he should not be struck off the rolls, on the alleged ground of`his liaising forged the 114111 C of counsel to :pleas and other proceediligs requiring the signature of a gentleman at the bar, and thereby putting the fees due thereoli into his own pocket. The learned counsel now prayed that the rule might be made absolute, on an atlidai it of ser vice, no cause being shown. Mr. Justice Holroyd (the only Judge in Conn) slid, that as the first part of the rule was of t crimmil nature, it was better to make that part of it absolute ? Lot his Lordship ordered that part which prayed that the party might he struck off the rolls, should be carried into d e effect; and tire rule was absolute accordingly. We understand this species of fraud has been com mitted :twit extensively by some unworthy isteniberr of the profession ; and in order to its detection and punish ment, it is intended to issue trout the roll office, at the end of each term, a printed list of pleas, purporting to be signed by counsel, for the purpose of ascettaining the genuine front the forged signatures. THE KING V. HARPER, EDWARDS, AND OTHERS. TOIS was a rule calling on the defendants to strew Cause why a criminal information should not be tiled against theist for the writing and circulating certain placards, in the town of Sitinall, libelling die character of r. Brown, an attorney of that town. The Court asked if the defendants were willing to pay the costs of this application. After some discussion, the Court ordered the rule to be discharged, an payment of costs, or made absolute, :as the defendants pleased. LIBEL AGAINST THE QUEEN. When the Court met this morning, Mr. Parke applied to the Court to have the Rule enlarged which was ob tained by Mr. Brougham, on Saturday last, against the Rev. R. Blascow, M. A. for a Sermon he preached at St. Mark's Courch, Liverpool. Mr. Justice Bayley directed Mr. Parke to cousult whit Mr. Brougham, who was nut in Court, and mention his application a:lain. BUOIVAPAIITE. By the ship Juno, arrived from Calcutta, at New York, we have received the following information : " Tne Juno stopped at St. Helena on the 4th Nov., was boarded by is Lieutenant of the flag-sitter, who enquired what he needed, and said that the water of which were quested a supply should be seat coif " We learned from the officers who boarded ns, that no thing new of any interest had taken place with regard. to Napoleon Buonaparte. lie persists in keeping himself en tirely secluded (ruin every one, excepting those of his own family ; and notwithstanding he has liberty to recreate to the extent of a number of miles its 1111(1 , 1hOni LOllgnood,yrt,as he must in such case be accompanied by an English resident, (the present one for this purpose is a Captain its the army.). end ache would be exposed to the gaze of the inhabitants, to whom his appearance would be as great a novelty as on the first day of his arrival, he chooses to forego the pleasure ; and the walls of the garden, and grounds i 11111 l ediately cou nected with his house, bound his promenades. General Bertrand and his Lady were still w ith him. No foreign °Ricer remains at present to hold surveillance but a ' , mica Nobleman, the Russian and Austrian Ministers having re turned some time since. " Buonaintite has not consented to see a single person shire Lund Amherst was admitted to an audience ; and it was supposed that it was on account of the intimacy of this No blemen with the British Ministry that this favour svasgranted him. The nature of the conversation with Isis Lordship had had never transpired on the island. "A lady of some rank WI lately, in returning from India, endeavoured to get introduced to him, and for this purpose a splendid ball was given her by the Gave, nor, to which Na poleon was invited ; but lie took no notice of the invitation. Lard Somerset in returning from his summand at the Cape. ,had also solicited an audience, but Buonaparte refused to "see him. It was observed that he had never kept himself so entirely secluded for such a length of time—that he am sel dam the subject of conversation, and was hardly thought of by those on the island ; and the latest news they get from him is frequently Wu England. " His appearance is said to be the same as a hen he first landed, except his having become more corpulent. His health is very good. He is abundantly supplied with every thing necessary and convenient. His new mansion was nearly completed, sad was described as being very spacious and elegant. Sir Hudson Lo we still commands oil the island. The naval force consisted of the Vigo, 14, the thig-ship of Admiral Lumber', alto had then command on the station about four months; the .fleaai ship of 48 guns, Capt. Mores by ; brigs Lesion!, Capt. Shan n on; Redwing, Hann; Sneer. wager, Roberts; sad Heron. A large merchant-ship was there, and was employed in importing supplies fur the island and fleet. A brig, tender to the flag-ship, was employed be tween the island and the Cape of Good Hope, for supplies, &c. The Heron was to sail fur England in a day or two A vessel, supposed from her signal to be a gun-brig, was going in as the Juno came sou. " The story reported some time since of a ship, appa pareutly dismasted, having appeared oil the ishaud tinder suspicious circumstances, had no foundatiou in truth. A schooner had been signalized often from the heights for up wards of n fortnight.and, by her superior sailing, she eluded the station brigs which was frequently in chase of ber.—lt is most pt °battle she was a Patriotic privateer, watching, for :•paui►h I ndiamen. The cumber of troops isabout 1,000. w Ito occupy the several statism all around and over the islaud. It was healthy at St. Helena." Mr. Laplume, an Admiralty Messenger, has been suddenly ordered off with despatches of the utmost importance for the British Naval Officer command ing in the Bay of Naples. A