The National Register. — London, England, 1820-03-26 00:00:00

~j . 14 J 477 - 3- ArLtitittr+ :'~c.- Our Eting, Condtitution anb abnc. No. 1,229.—V0L. XIII.] TRIAL OF SIR FRANCIS BURDETT. LEICESTER, THURSDAY, MARCH 23. This being the div fixed for the trial of Sir Francis Bnrdett. on a charge or libel alleged to be contained in a letter written by the Hon. Baronet, on the 22d August last addressed to the Electars of Westininster. respecting the transactions at Manchester, the court was crowded to excess at a very early hour. About nine o'clock a loud shoat was beard from the multitude without, and immediately afterwards Sir Francis Burdett appeared in coot., and took a seat next to the Associate, under the bench. Several of his friends nilranceil to the table, and paid their compliments to him : among them were Sir George Robinson, Mr. Otwav Cave, Mr. Godfrey Mundav, Mr. Pack, and Mr. Gishorne. Lt different Narts of the court we rerovdz•d Lord R Manners, Lady oel (the mother of Lady Heron), and Lady Elizabeth Norman. At 10 o'clock 'Mr. Justice Best, who is much indisposed, took his seat nit the bench. The fol lowing gentlemen were then called and sworn, as a special jury, to try the case : Edward Farnham, of Quorndon, Esq. Henry Green, of Rolleston, Esq. Thomas Wright, of Lubbenhani. Esq. John Haycock. of Crosston and Newbold, Esq. 'Henry Havie Coleman, of Oadby, Esq. Valentine Green, of Nonnanton Heath, Esq. Frederick W. Woollaston, of Shemin), Esq. Clement Winstanley, of Braunstone, Esq. Francis Forrester, of Soinerby, Esq. John Adams, of !Addington, Esq. Jtimes Pickering Ord. of West Langton, Esq. ohn Goodacre, of Ullesthorpe, Esq. The-Counsel fur the prosecution were, Mr. Sergeant Vaughan, Mr. Clarke, Mr. Reader, and Mr. Balguy for the defendant, Mr. Denitian and Mr. Pnillips. Mr. Balguy opened the proceedings. He stated, that this was au information filed by his Majesty's Attorney. General against the defendant, Sir Francis' Burdett, for a libel. The first count charged, that the defendant, being an ill-disposed person, and intending to excite hatred and contempt of his We-Ay'. Otwernment, and particularly among the soldiers of the King, and wishing to have it believed that certain troops of the King, on the loth of Angtist, !Sin, wantonly and cruelly cut down certain ()Ibis Majesty's subjects, did, on the nd of the same month of August, publish a certain libel. The cou n t il.eti set out the libel verbatim, which was in these sword::-- " TO THE ELECTORS OF WESTMINSTER. s• Gentlemen,--On reading the newspaper this morning, having anrived late yesterday evening, I was fr.led with shame, grief, and indignation at the account of the blood spilt at Man chester. This, then, is the answer of the bormighmongers to the petitioning peoples.-this is the practical moor of our standing in no need of reform—these the practical blessings of our glorious boroughinonger domination—this the use of a standing army in time of peace It seems our fathers were not such tools as some would make us believe, in opposing the establishment of a stand ing army, and sending King William's Dutch Guards out of the country. Yet, would to Heaven they had been Dutchmen, or Switzers, or Hessians. or Hanoverian,, or any thing rather than Englishmen, who have done such dees. What ! kill men un armed, unresisting !—and, gracious God, women too, disfigured. manned, cut down, and trampled upon by dragoons ! Is this England ? This a Christian land ? A land of freedom? ('an such things be, and pass ns by like a summer cloud unheeded ? Forbid it every drop of English blood, in every vein, that does not proclaim its owner bastard! Will the gentlemen of England support or wink at such proceedings ? They have a great stake is their country. They hold great estates, and they are bound in duty, and in honour, to consider them as retaining fees on the part of their country for upholding its rights and liberties.— Surely, they will at length awake ! and find they have other duties to perform besides fattening bullocks and planting cab bages. They never can stand tamely by, as lookeri-on, while bloody Nerves rip open their mothers wombs ! They must join the general voice, loudly demandingiustice end redress; and homed public meetings throughout the United Kingdom, to put a stop in its conimencennnt, to a :eign of terror and of b!no.l. To &Wird comolation, as far as it can be afronled, and legal rethink. to the widows and orphans and mutilated victims of this unparal leled and barbarous outrage. For this putisise, I propose that a meeting should he called in Westminster, which the gentlemen of the committee will arrange, and whose summons I will hold myself in readiness to attend. Whether the penalty of mar meting wi:l be death, by military execution. I know not ; hut this I know, a man can die hut once; and never better, than in vindietting di , laws and liberties of his coun , ry. 6' Excuse this nasty address. I can scarcely tell what I have written. It may be a libel ; or the A tairncv-Geneeal may call it so—just as he pleases. When the seven tashors 'ere tried for a libel, the army of .I.anes 11.. then encamped on iltionslow.heath, for supporting arnitrary power, gave three chars on hewing of their acquittal; the King startled at the noise. ' What's that?' • Nothing, Sit ! was the answer. • bet the soldiers shouting at the acquittal of the seven bishops.' Do ye cull that nothing ?' replied tie ntisgiving tyrant ; ant! shortly after Mali. cated the government. 'Tis true. James could nut inflict the torture on his ,addiers !--could not tear the living flesh from their bones with a !—could not flay them alive !—Be this as it may, our ditty is to meet ! and' England exi,ects every man to do his duty !' " I remain. Gentictuen, most truly and faithfully. " Your most olaalicrit servant, " Kirby-park. Aug. 22, I a 19. " F. BUD I/14T." The leari.ed l,ounse•l .nil, that the intoi !nation eon. taittud uther la)iag the chit, ge in a tidies pia 111411. OPT. Mr. Fzerzeant V41;011%14 Shell addre%l'rd the Jury at great length. Arles ul•t.h, Mr. .f. 311111, I ilto . •lM waa called. and e‘amined by Mr. Clarke. He plated that he lived at No I::I.StrAI.A. London. He Lnrw the defendant. and nam a cquainted with his baud-writing. On being •Yuan the paper in SUNDAY, MARCH 26, 1820. question, he said h. believed it to he the hand-writing of the defendant— it came to hint through the hands of Mr. Bickersteth, a professional gentleman; it was in an enve lope which had been mislaid—he liadformerly looked for it, bttt could not find its it was not sealed . ; he did not look at the envelope to see whether it had a post-mark on it ; Mould not recoiled, gik,4e 4 p.ing reesigeak it ; theilati I*e"ekuirtaliiiliiiTliehiliotis to item; iit nt•l'clY 0 11 [ 1 '; Birkersteth, to paA it to his. Wtep be received it, he supposed that it we, intended that Isk elmatil publish it. He sew it to several papers, and eflerst4e,fs saw it in The Time., but mold not recollect when. The letter leas dated the nil of Anvil', and he believed he might reolivo it a day or trio afteresids. . Mr. Tooke, an attorney of London, was then railed, and proved the hand-writing of Sir Francis Burdett to the en velope. W. Simpkin, the keeper of the toll-gateomer Kirfty, bring ea11.,1, said, that he saw Sir Francis Burdett near the gate on the 22 , 1 of August last. The gave was about lOU yards from the 'louse of Sir Francis Burdett, He saw him again the following day about the same• place. This was in the county of Leicester. The witness having retired from the box, was recalled, and asked some questions by Sir Francis Burdett. He did not know that Kirby farm was on the burders of se veral counties. He knew that it was lu the county of Leicester. Mr. Brooks waillealled Aga in. said, that be had in- pod W.-, witted the letter of Sir Francis ► IBA-deft in several papers, and among others the British Press. This paper was pro. dewed. When he sent the letter to tho newspapers the publication was left to their own discretion. They Were sot paid for it. ' [Here this letter was read, and also that addressed to Lord Sidnunith ] Mr. Sergeant VAT/GHAT/I stated that this was the case on the part of the Crown. Mr. I)rastatt then rose, and took a penal objection, because the pubfleation had not been sufficiently proved to have taken place in Leicestershire/ he was supported ' by Mr. Phillips, hut Mr.Justiew Herr over-ruled the objection, tickling, how ever, that its weight, in case of a verdict of t udiy, might be argued before the fledges, out a motion to set aside 'the Aneviict. • , • Sir Francis Burdett, before he proceeded to address himself more particularly in the Jury, thought it neces sary, in the first place, to return his thanks to the gen tleman who had conducted the prosecution on the [tart of the Crown, for the handsome manner its nhich he had acted; air! in any observations he should have to make respecting ex-officio prosecnitons, he beaged it to be miderstood that he meant them to apply to the nature of the office. and not to individuals. I - It should, how ever, have been glad, had the Attorney General been present himself, as it was always most pleasant to hare the person with whom one has to contend, face to face. He must now observe, that he was placed in a very pe culiar situation. It seemed to be a doubt—a doubt even in sonic measure with his limiship, win-tiler he ag ii to be standing in that Court on the present charge. This would not have been the case had the charge been brought by indictment before the Grand Jury of the coontv where the publication took place. He should then ()Ave been saved miry unpleasant circumstances, and the Jory would no: have been required to decide a very doubtful question of fact. This would not have been the case had he beets tried at ‘Vestiniiister, where the offence, if there was any, was connuittcrl. Circ•iiii stances of a %Try extraordinary nature had ()centred at Manchester, no which he felt it to be his .11111'10 addnss his cotiaitilients. On those circ tenet's he should afierwards have occasion to speak The leit-r lie thought it his duty to write hail been made the sulject of an ex-officio information ; and here he must observe, that the power 4ex-officio informations had crept into prae;ice in a manner contrary to lilt' spirit of the consti totimi. They had always Imen discountenanced hy the greatest statesmen and the best judges. Sir F.lViniiiitz tote and Mr. Justice II vle were decide(ll% agantu hecattzie tiny y q , were contrary to Magna Charts old 111, spirit of the British laws 11111C01111tIll1111/11. The A i General iv called an officer of the Crown, but he .I.surted that he teas the officer of Adiniiiistration and nothing else. Tile !cattier! gentleman who acted :here had gives' various interpretati )))) sof parts of the letter, which, if meant in he insisted on, ought, in fairness to 111111, to have been explained as inttendoes in 'lir information. The Attorney General (he spoke of the nature of the Mike) wags a person looking forward for preferment. To succeed, lie mishit be induced to become toe titbit unient or persons woo hadsoine malignity to gratify.— the Attorney GNteral was the creature of the breath, and expires with the frown of aNI inister. The present Was one of the ttttt st scandalous abuses of ex-oflicio informations that mid ever occurred. lie !th0111(1 II Ive expected that, in en ttttt fairness the quitsion) would lust have been broti.,lit before a Graild Jury; for es officio btforma intssconld upon no principle he enrolled, e xcept lha of public safety. He would Ma th s subject refer to Blackstone. Front what that author hail writ teit, the Jun might percene that he was no friend to ex•officin p rosectit ions, and he intimates that hely should only be resorted to in cases in tae punishment of winch a ntooretb's delay mould be flange . .1 hit. Was the only remain aiwgited its justification for surds a course of proceeditia; but, in fact, ex-officio iishorroa-,1 sinus caused 4re.st delay; for he should ticve been tried ~~"~~-_ [Pnicr. Sid. much sooner if he had been proceeded aAaiiist in the regular and constitutional stay. A quibbling, pettilog• sing course had, however, been adopted. The Jolty were aware that this county was placed out of the pale of the constitution. It is called one of the disturbed districts. Why, then, was a course adopted which sursatiLdoisiet eat brought this trial on in a disturbed Aistrict) This was dove. on the hope that prejudice aml hostility to him, arising from misunderstanding of his character and political feelings, might procure a cons ie. non in this county. The very manner in which this prosecution was instit u ted was a libel on the Jury. He could see no other reason for bringing on his trial in a disturbed district except the expectation, through pre judice, to obtain a verdict. Bolt he cared not, what the design was. When he saw twelve of his countrymen ph* into a box to decide upon such a question at this, Le was confident that they would be guided by their duty to their oath, and their feelings of honour. He was sensible that in such a case hottest into always left prejudice and passion at the door, apt{ were more upon their guard in their decision, than when they arts not placed in such a situation. Those he was now address. tog were called upon to decide upon a fact, with respect to which There is not a shadow of woof, not even of pro bability. He was sure that 12 jurymen never could be per oraded that he had acted on the motives attributed to him, but Mr. Attorney could have nothing but had mo tives for his conduct. It had been contended that it was extremely easy to distinguish between what was a libel ,and what was not, that it wat a matter of easy judgment, and that he who ran might read upon such a subject. To hint, however, it appeared a question of extreme difficulty. It never was imagined that the publication of a mere libel, without any qualities ascribed to it, could constitute an offence. A libel was in itself nothing : 'it was the eliminating evidence designating the intention, the maids animus with which it was written, that could alone be of any importance. If he had the good fortune, for so he might call it, with reference to his present 'Mutation, and the charg e which he was now ealled'on to repel, to be accused o f monist or burglary, he should know what it was that fie had in defend. He should then have something tangible to deal with, and understand clearly to what he had to address himself. In murder, the question distinctly was, whether the act was done with malice prepense. But he challenged the Attorney-General to give a de finition of what was a libel, or to prove that that ought to Ite considered a libel in Leicestershire which he did not choose to try in %Westminster ; where, iu point of fact as well as law, the publication took place. The jury were, no doubt, aware, that verdicts of guilty had been obtained in distant parts of the country, in cases where the defendant had been acquitted in tier metm oohs. But the whole system of tire law of libel - had been but rowed from the slavish imperial code, and hall &swished in full vigour under a succession of Roman emperor., to one of whom the learned Counsel hail alluded, and whose names were sytioninnitis with infamy. In his opinion, the cominutlication of truth to the public must at all times be advantageous. The care of the seven lii,hops had been alluded to, and ill various respects it bole a strong application to the present trial. Judge Powell, ma that occasion, said, the libel ought to be proved to he false, wicked, and seditious. Vet thirty were generaliy to be considered bad limes, and awl ) , succeeded the Itevolittimi--Ai erect chiefly b 1111 l ght ahout by the disgust and indignation which the scanila louts proceedings of the Judges had excited. Chief Justice Wright held, th it to support the charge, au ill totem our on ‘ lit to he made out. Only one of the judges then thought with the leas tied gentlentaii, that w hates er urrinAlit tile Goer iiiii ent into hatred or contempt, via, necessarily'a libel ; and he trusted that no jury would sanction such a principle, even were all the judges to declare to its Latour. As was said in the preamble to one of the statutes of high treason, that no man could before state in what 111:q cnrt.e consisted, so he ititglit assert that im ur n etittli!ov it ile tin s mode of prosecoooo was adopted, communicate on 'Millie matters to his conntryinen without a lia:nlity to be brought before a court of justice. Upon this whatever was otlensive to a NI iiiisier of ti.e Como 'night be consulted 11110 a and he made toe sittijeet of a criminal war mation, by toe Attorney General, who he must repeat, mould only be regarded as the Minis.er's creature. W' hi n Mr. Somers published his appeal in favour of theChtirch of England, the Attorney General of that day, aiming at the re-establishment of popery, pronounced that work to br a !liar I. Indeed it would app. ar to Imo, from tie principles laid down by the learned gentleman (Mr. : jeant V itighan), that he too would have made a ' N . . I lIV I t it o . ki I Attorney General to the Emperor Nero. 'lied told thew, linked, 1114 hail he lived at the t o te ore! At ; the revolotion, he mould have alyiateleil the sevenr bishops iOr what they had ;lone.- 11 wa. unfortunate that the learned gentleman's puriottitil he ante . diced, and that th,.. country Cliii I not reap the benefits of it at the present moment. The le.o-Je,'. eeingeinat, AS a man el classical literature, at:•l he odd then-tote him of rite hire in the Koolau no- I Nullis est grans wrens/ins Achille.'" )'here had Writ all .141111iiiiNilaii.,s—ist .111.tt at the head of which was NI. r (Far eedinttati4m Set r:Ci - 1410.) _ .