The National Register. — London, England, 1815-10-08 00:00:00

OCT. S. the unfortunate man. He never could consent to lay the iron hand of the law upon the poor fellow, after lie had toiled through 750 miles. It was a cruel and despotic act. Mr. Williams—" I have no answer to make to such remarks." Mr. Constable—" You cannot answer it." Mr. Smith—" We can, but, in my mind, this is not the time for doing so." The second letter was then read, it was from John Jones, Esq. also one of the Magistrates, whose names were included in the war rant. It acknowledged the receipt of the summons, calling upon Mr. Jones to attend the return of the warrant, and declared that he had left the room before the warrant was even prepared. It also spoke in warm terms of the unhandsome conduct of those who had affixed his name to an instrument which he had never sanctioned, and which in his view was illegal. Mr. Williams said, he had it in his power to prove that part of this letter was false. Mr. Ellis now submitted that be had supported the latter part of his objection, namely, that the warrant on its face contained a direct falsehood, having declared, that a view was taken in the presence of two Gentlemen, who had, by their letters, distinctly disavowed that fact. Its illegality being then substantiated, he again demanded the liberation of his client. Mr. Williams—" Suppose we can prove that those Gentlemen agreed to the resolutions upon which the warrant was founded:" Mr. Kinnaird—" That will be no answer to the objection. The allegation is, that those Gentlemen were not on view, as the warrant stated. Nine are stated to have been present, when four only signed." Mr. Williams—" I decline all further argument on the subject, and again call on Wilson for his bail." Mr. Kinisaird—" But Mr. Constable has stated, that there has been an alteration on the face of the warrant" Mr. Williams—" Mr. Constable dare not say so." Mr. Constable—" Mr. Constable dare repeat any thing which he Las once affirmed." Mr. Williams—" You have said that the warrant was altered after it was signed." Mr. COnsteible—" It is false. Sir, I said no such thing. was altered, and it is altered from its original form." Mr. ‘Villiams---." I will commit you if you sa y one word more. You all know my power in the situation in which I stand (as Chair-- tam)" Mr. Constable—" Yon commit me! I defy you to do it! These gentlemen (Mr. Kinuaird and Mr. Han jet) have come here to do you honour by their presence, and what is your return? you throw dirt in their laces !" I said it Mr. Williams--" Let them say so." Mr. Smith--" It WAS on our own view we issued the warrant." Mr. Ellis—" No inhabitant of the Heath has come forward to complain of nuisance or breach of the peace. lam myself an inha bitant of the Heath, and cannot say I was ever disturbed, and I ap pear here at the entreaty of my neighbours, who were much pleased with the peaceable and good deportment of Wilson." Mr. Smith—" Placing yourself in a public situation, if you had witnessed what we have witnessed, you would have acted as we have done. It is not, however, correct to state, that no inhabitant of Blackheath has come forward. Several have made complaints, and are ready to repeat them, if called on." Mr Williams--" I am ready to answer for my conduct either here Of elsewhere, and to vindicate my character from aspersion." Mr. Constable—" And so am I, at any time, under any circum stances, and in a saw pit if you choose." Mr. Harriet—" I am sorry for the heat which has arisen, and as I am in no respect desirous of participating in the warmth of feeling which has been excited, I shall retire into my private capacity, and no longer offend the delicacy of the Gentlemen by whom I have been addressed. I rtill deel :re, however, that I am ready to give my opinion, if called upon." Mr. Harriet then retired. Mr. Kiiinaird-m I must now declare, that I appear in my charac ter as a Magistrate, and I beg to state, if there has been an alteration in the warrant, it is illegal." Mr. Constable now took up the warrant and pointed out the erasure of the word 4" several." Upon this word hinged the consent of all or only a part of the M ag i s t ra t es w h o were state d to h ave sanenooed the instrument, and whose names were included in the preamble. Wit h the word severa l i nser t e d, it appeare d that "one the view of sever a l of the Magistrates in Petty Sessions assembled, the t‘a.(l Wilson was," &c. but that word being omitted, it appeared that it was upon the view of the whole of the Magistrates so assembled, that the apprehension of the man was ordered. What Mr. Constable ccniptisiurd of Wi.l4 that this word several had formed part of tit THE NATIONAL RECIST R. 6 ,(3 original warrant • but had been erased without the kuowl. 4 :!e of those who haSsigned the in.trument. He now asked Ali. ltlck nell, who had drawn the warrant from the rough draft tirat epatcd ; if he had erased the word several? Mr. Bicknell answered—" Certainly not." Mr. Constable—" Then we understand by whom it was done" (looking at Mr. Williams). Mr. Williams—" You said, I had altered it atter the signatures were put to it." Mr. Constable—" I never held out any such thing. A warrant to be legsl ought to contain only truth. 11-re is a palpable falsehood. of which the Magistrates who signed this warrant ought to be ashamed. It asserted that the grievance was viewed by all, when it was viewed by none." Mr. Kinnaird—" This is certainly fatal to the warrant. It is too bad. It is disgraceful thus to rob a fellow.creatiire of his liberty, without information upon oath. I am only surprised aentlemen could have lent themselves to such a transaction." Mr. Constable—" Oh ! Mr. Williams pretends to more knowledge than falls to the lot of fifteen such men I Ile is the greatest egotist Unit ever walked the earth !" Mr. Smith—" If I could have supposed that the warrant was vi tiated by any alteration, I certainly slioillil not have signed it ; awl if that is the case. I must decline per.isting in pressing it further. however, repeat, I still do not think 1 have acted improperly." Mr. Kinnaird—" The erasure of any word in a warrant rendered it corrupt. In any civil proceedings, if a forgery is discovered, the whole must be quashed—so with a warrant." Mr. Williams—" You don't mean to say there has been any for gery practised here?" Mr. Kinnaird—" Yon could not have understood me, or you would not place that constrnction on my words. What I mean to say is, that if the averments of an instrument are not true, it must fall to the ground. The averment here, " that the warrant was issued on the view of all the Magistrates, whose names are mentioned," is false. and consequently, by parity of reasoning, the warrant is il legal." Mr. Ellis—" The averments have failed completely." [Here Mr. Williams was observed to smile incredulously.] Mr. Kinnaird—" I did not expect Mr. Williams would have laughed at that which, if lie had but cousidered, he must have ad mitted." Mr. Williams—" I did not 1000." Mr. Constable—" Oh ! no, it is only a sneer! II there is any thing • funny shout Williams, it is a smile qf rep rff farce.' Mr. Williams—" Those who hear you, know how to appreciate what you say." Mr. Constables-a" Those who hear me do know how to appred'aie what I way—and so much the worse for you." Mr. Kinnaird—" I am only aurprised how spy man could put his name to such an instrument." -Mr. Williams—" Suppose all the Magistrates who signed the warrant joined in the resolution upon which it was founded ?" Mr. Smith—" As the warrant is false, we must stop all further proceedings. I beg to declare, however, that I had no personal enmity to Wilson, and would have done him no intentional in jury.', Mr. Constable—" I am very certain you would not." Mr. Smith—" I have acted on this occasion as upon all others— with perfect independence." Mr. Ellis—" It is quite clear that Wilson was walking hi the most hatmless manner ; lie never committed any breach of the peace—and, having walked 750 miles, the booths, which were the real nuisance, being removed, I think he might have been permit. ted to finish his undertaking." Mr. Mason—" I must say the averment, on the face of the war rant, is not correct. I did not see the alteration silica I signed the warrant; I only saw the original draft, and did not read the copy when I signed it.:' Mr. Williams—" The alteration was made in the warrant to make it correspond with the original resolution of the Bench, at which all the gentlemen *hose names are mentioned were preseut." Mr. Smith--" I did not see the erasure alluded to when I sigetd the warrant, or I would not have put my name to it, as 1 could not but admit its incorrectness. My sole object in %%hat I did was to abate what I conceived to be a great nuisance." Mr. Constable—" Come, let us have no trifling, but saddle the right horse. Mr. Bicknell, I ask you, did you make the alto aticu in the warrant ?" Mr. Bicknell—'c I did not." Mr. Williams—" There is no set which I have done that I am ash.nued to avow. When the warrant was brought to rue to ^'~ Il I