The National Register. — London, England, 1818-08-16 00:00:00

It t ~ 1.C2 CUU.VTI,ASSIZES. 'CORNWALL. Inv RING V. :NAV.: ANN Tt/rMER. Thi4 wig an ludo rtitent again•t the defendant fee n libel, weld -Iced in a euettity ne.it.pance, r. li d the e,t Itrittpi urd oram,lll.4Jee:timr, upon the nhinititr, Mr. It. Gurney, tltr oat cgt r, Vice-Walden of the Slonna' ,v iti the enmity tit De% on. The t atise %a> no sootier called. than the Lady .nppeared iu Coin t her 080 advocate, aid was accotiono tkteil et the Banister's table. The pleading> wets: opened by tit. word. Mr. tt ., erjeatit Pell then stated dee case, and read tin libel 1 . i'sell, as it appeared in the 11 eq Briton, in the shape of a lewd,. to the t.dlossing effect : .• fact k hich I am about to communicate, may, perhapt, sppear more singular than ini;antalit ; ailthough, in times le, cola u.itous than thepresent. statement of any eiteunistaureilluorative et :be lkorou 4 ll-inon4ering system, now universally execrated, must c: itself excite 11.1 interest; it is saint:thing new in the history of this e.suntry, that it si told poses. an ottt-pawed Judge. It might be tailed an instance unparalleled in the annals of Europe, if a case had rot ree:ntly °canted at Vienna, of a Maistrate and Minister of Justice being semeticed to the punishment of sweeping the streets. A ntlentan of the name of Tonikin, was some time past removed from trendies of N'ice.tV anlen of the Staimury Colin, in order tnake ressin for Mr. It Cioney, bon of the Rev. It. Gurhey, of de:. lostotisty. This last Gentleman, not satisfied with two ac , m-iderable heneCcs. the rev drd of former services. on prwwing this ituatior. for hit s‘m, obtained at the same time k protrme, th..t fne saidry blik , ll l .l be iwt i s ro mi.. e which, to the honour o' the ratam, its, not sooti atlil this pittinotion of .Mr. Gurney, the younger. it unfortunately happened that he was etil - ;asal to loave the emintry, tit which he had been sip knitted to evreise functions. and [hi:- necessity arose tip RI p.cuniary eir,bnrrass v.ent,, .r n c on s e q uence of this abiaance, a petits ni was pr.:stated to tl:e land Warden. complaining of ttlr negfett, and delay* justice, occasiared by this conduct, and desiring theiapKitristni a new Lut no notice was taken of this re own: ti . After st,.tel tient, it may be a:Latta,. lootAld ?till re. told his . placz; and the fact can only be traced to the nntintitsburough rtiongenng system, and to political motives. Lord Yarmouth has purchased largely in the borough of Tregony, with a view of . E ,posing the interest atilt: Earlof Darlington. tinder this protection 7.1 r. Currey found it convenient to go to the Continent, and was tc.:ceout.lawed in the market places of Plymouth and Dock, which ocrlawry had not bet. revered. Instead of attending his Court, he was therefore obli.;;.d to secret himself. Now, Sir, aPer this state ) no oin can 1-e at a loss to conjecture what are the motives w',ien operate in retaining this man in a situation, the duties of w!dcli is unable to discharge. I forbear occupying too large a portion of your valuable and patriotic Paper, or I could mention anecdotes, showing how Mr. R. Gurney, and his son, have profited in the adlool of con option. I shall only add, that he de. vamden vartou; sums of money from the 'Suitors, over aid above the fees of Court, in the only two muses which he ever decided, viz.— Lopez v. Doubtfree, and Whiteliair v. Webb,—l am. Sir, t• AN ENEMY TO CORRUPTION." The Learned Seijeatit then proceeded to stale that the I truther of the defeisdant bad been Secretary to the Vice- Wet den, and upon Iris information she had venni, ed to charge ,lie. Gurney w tilt bribery and corruption ; ones with V.e specific act of extol flog 20 gotineaa from Ilse riiks in a muse, which he rs lased to decide, till the sum au question was paid. The defendant, he understood, would be het a' advocate, and was a woman of no ordi. ary undershustline lit had to lament that she dill not make faculties with which Pi ovidence had ht en pleaserfts ifa it w a s ant too late to make on atonement, altiioti;:MsatAtiifie mutt must fellow n verdict of . Mr. E. Dodd, the Editor of the West [triton, proVed the libel to be the composition of defendant. . 'I lie Lady now rose, observing that she stood there 'with re vet slice, lint without fear. Fear, indeed, was the inteparable - concomitant of guilt, and of any offence in a moral view ,lier conscienre entirely netptitted her. She did not appear there personally, ft star not feeling of presumption, Intl from Ur in- ability to proem.. i'amusel. The inability was colored by is debt due to ti e r i.!other, which the plaint iii refused to pay, and her ow ti disinclinatimi to encroach on the conduit* of a widowed patent. She might be indiscreet, lout she as •tiot conscious of criminality. It was the first time slit hail ever entered a COl ll 01.111Atice, anti no permit, could entertain a deeper sense than het self of the excellence of the enlightened as 'tern of jorisprodence, which was established in this coun t! The prosecutor would, however, derive his chief ad vantage from her iassurence of the law, for she could only take , c plain and simple around of denying the falsehood and malice charged in the indictment. W ith the permission of the t:oi.rt, site would 'low cad n passage from Lord F.2.11:111.101Ullxli'm aildre.s to the Jury on the trial of Wm. Cobbett. (Here the I :uty read an extract from the reported *perch of the Chief Jastice, touching the license of discossing the character god conduct of men in Politic Others.) The main point On hhirh at e rested her defence was, that Mr. Glititcy was a Ptiblie Y , tricer, and that she, atol every odor stioject, were•elitilled t examine Isis conduct its that capacity. She was folly pre ai•eil to prose the (loth of every statement contained iu the published tette-. sir, Justice Vorrough. —That the law of the land does not • w von to de . Cbe delemlent p-ocredcd, exprestitig a hope that she n i g ht a t l e a s t b e allowed to prose that the pablication in question was sum libel. The Jury, she trusted. wild not be induced, try any legal sophistry ! , to sane a pritoc'ple . ego Illy adscr-e to religion and to morals—that troth could be • libel. It was the doctrine not of the lair, lint the abettors of ty, rattily, Carr vigilant to instate oo kind. V•ottiteatore, not the vindication of eh:nailer, the outwit, thy and mitumily motive of the r ooseclitor, hail lie been 11VIOsito .1 by is loiter feeling, he %stolid his+e brote.:at Ili. :triton. tt e holt, as a lawyer, liC most have known, that p,„(1,„...4 , w i t h rega l ,' In .very 1 . 41'1 uIASe.I b • 111 t. 10011111' ,. ion He had, however, adopted the rowaldls refootirti of indicting a telltale for an act lending to a his earls of the peace; be liontsell having, not long shire, lei n tented 411 NI% imptisonment try the 0 1 11 1 1 a KWIC' ?trusts, but a pushier breach of the peace, in l e ppo lx pra•s-tit Sontitto-Cretteral. The statement %filch Alit. 11401 sent to Ilse Editor tit the treat !triton, etelrecti %holly to the I ,fs e i„, and v a o sie sanded of the Ito o.erioliti j and %sib 21'. 0- “t tab+nissi•no to the t'esurt, she apptcheitileil that she cosolui o f rsery ' , c r.,' in a Is111111i• tld!asill, Oa , open to politic es • ajo i n4 ri o n. This postimit, as she bad before stated, aloe 15051 the .10110, it of Loud Elleolsormieli in maiatioiniug. Mr. J 0.111.. Iturestogli.-11.ord ter could tan s sweh sir asset t that a rain, In a . 01.111141 01114 . 1% 1,145 Ile 1 - 1:• , s,;..•1 wsth blibtr► and coo 5111.5i0n, by any pet soil w h o li o ns, i o "pee t.. podded' siren a stalenn nt so Os' 11 0 11 ' 1 . — I OM tni ,y to .1, wit oraissa.essing the I.sw at weed step. front a t.als . notion us 1111444 1 . 141.1. Many Geode...en at thin bar ai old isevo happy 4t5.1•1 50.5 •11 litte, bay. all I i ed a per lrs, us kt. I co. • ae •1, and lugged leavt to lead arlause !T 1~ Mi TILE NATlONATzihrti*lt of Ilie Act of the Bld of Ceo. iil. by which the Jury, i u .1 caw Cl libel, are co:pottered to rase 0 verdict on the kOaole matter, anti on the general issue uf tit thy or not Ittkil'o92l l .—This act Was titter construed to enable a defendant, ul..n an indictment, tujii3lify by proving the Irsith of the libel. _ _ prutedied, a n d re mat Led, flint the essence of the indletslielk consisted in the es il tel of the pnbii. cation.. 'chi& 'fluidity she sta• pi dialed to show was good, an:l would e..lltnd, that rrscutntrlit might exist without malice, The celebrated 31r. Locke had quoted an expression from St. Paul, to this effect--" Ile angry, lint sin not." It the low of libel really VfaA N hat she had heard it interpreted to be, u new system of relies- might :cries prefixed 111 it. No Lawyer or Legislator erld intend to punish %%het e there was 11 , ) malicious motive, or intentional ' , torte:llion. The folse• hood and malignity were all on the other piste; and she liepcd no legal sophistry would induce the Jury to convict her arm offence whet e Inc object %i its mei itui Mr. Justice Blirrough then charged the Jury, cfrressing his decided opinion Obit the prblitation in qu estion was IL: belliots in the highest devee. The Jury retired for uti..et an hour. and delivered a verdict of—Not Guilin at iiivJiidge's lutigiegq. SURREY, WFD \ F-9 %Y, At s Tiff fir,ov V. CIII.NN.} MAI RAFT.' At n very eaily how• ilii• mot 'nog the Coot I. tie , / all 11 :e avenues leadahg to it, were filed lip, so pleat Mill the public anxiety to the trial nf tlte 4 e i , ooeilt. At eieht o'clock Mt. Serjeinit lens eedleil to the Court ; when the prisoner , , 6. Cheimel and .1. Chalcraft. Were ar • raigned fiir the murder of Chennel, at ‘odalininr, nit the 1011 i or November In‘t : and on a second intliconi lit, for the murder of Elitain th ikon, by fracturing the.r %%Oh a hammer, and cutting their throats. Mr. Comity then, as leading Cuitio•rt for the Crown, !tinted tht ea.e to the...fury, in a must speech. fur the Weill ariangement of the circumstances. In his I reliminary oh sei vations, he said, that eve!, the horrid et ;me of rmit (11. r had its gradations of all neilY. It was li:4l;flatc il ttl,ell rorl2ll.it led by the strong %pen the ftrblc anti noresislnl— alien by the ' set vent against his master— and ahem c ali t alien by the son against his aged father. The last %Tii., thettireadfol chafer a liich was imputed to the prisourrs—the e wars the son, and the other the servant of the deeeasedl Ie mentioned this not to excite. their passions ; on the coot y try, they must not suffer themselves to be transported by their indigine ion r ss, the crime, to be caused, by 4 pretnatitie judgment, to prtinomice the accused guilty. They nurse discharge front their minds all they had heard elsewhere, .ted found their eel diet only upon the evidence a Ilich should be adduced hcfcre tilt m, for upon that alone they bad sworn to terms'. !heir verdict. With respect to that evidence, from which they must form the result of their n pinion, it must of neer.. sity be collected front a satiety of circumstances, all limiting to the same end. The mug tlcrer did not do Itifk fool deed in the presence of witnessts. He chose night and solitude tar die perpetration of his clime. The decen•cd, hlr. Chew nil, %las a respectable tradeeman at Guialinttit , tear this placeonol was also a man oft onsideralde Attop . trty. 'I he pi ' , Mier Chennel was Isis son, the uther,istrsoiset•ltiirnrniart, and hail Imo n so for :navy years, he liai,ting 1 Vltik far"' in addition to his trade of a cornier. E.:iiabeth Wilson, the other person muirdered, ass a liarnilesii old wpmen, whti had beau also for 'ratty}'cars his hoisseetpire ..:FllO . lll - 140ner Chetinel lodged in the too it of Gut:aiming, and tnnially took his meals at his father; s e lf t 4 nut ledge; tilerg,;4l4l it would be proved hairnet iliat quil fading w bieh a seittutititt to have for LI f3.ltllfr: . 6: ' iiinivel Tuesday, the 11th of Nov., last, aboilt , ,llielowssi of &dal • g ma. ;alarmed • will( flit -.l4eintirt that Mr. Chentiel mid his housekeeper were both Totind mord,' ed to-their home, a Itich. stint in the middle of lb. street at . Godalilling—ille , clid•gentleiiiin in liis bed, and the housekeeper in what was enlm il the front kitchen. They went last !Pet, alive at about eight o'clock on the 'al onday evening. and from circumstances the :mullet most 11411' been committed from nine to ten o'clock. The old gentleman was a very regular man, and went to bed usually at nine ; his housekeeper sat tip after him f.a• sonic time, and It/Nally reined to rest at 10. s He Was loons' in his bed, and therefore it was dune after lie had roiled ; she was found. ha the kitchen at %murk. not Itavin.:, 1). i'li to lord, and the work a Inch lay near her was a shit: tit the prisoner's, which she WAS IlaCtldill:t. it %AS therefore pre• 'tamed, that it was before her u: sal tithe of going to rest. The person also •alto lived in the nest house, and ahem. bed-room 6.(lioined to Mr. Cliennel's, went to tied at ;0 o'clock, and could bear any thing that passed its his boom, but dill nut hear any noise after that hour. Li addition to thi. r a person was passing the house about halt'-past nine, and heard a scream, awl after almrds something bill, but did nut suspect ally thing of tie dreadful deed which was then prohtbly in lerpeteation. 'the nest morning, when a farming, servant 4.1 Mr. Cheimers came to the stumbles tor the horses at Itho'll six, It, (mind Chaleraft there as usual ; and it was the con_ duet of Clialerall that excited suspicion agaihst him. 'fury dressed brit horses, and went to the house allele ustially the old gentleman and his housekeeper a mild he stirring at kat bona. 'F,e door was open, lint to one appeared ; at length Chats raft went into the front kitchen, and the mile; lieettl tam calling his master, but no slower. Nov• it %solid re proved that the mortlered body of the litosseks-tpet laid so sliella post that, that when he opened the door lie twist have sees it, and indeed must have stepped 1,51.1' it to gel to di, stair foot door, and diet efure Its affecting tot to sec it auts natter of urt at ohs; it' nn. In addition to this, alien the Alarm was given, he stated list his ums.cr arts monies u-s 1 lip abuts. before he or any tine hail been op stairs. Ile as kima ti .o he the constant companion of the other priseiter, Clievinel, and the, efio e lie was maim, (timely sent tor, and nn , searching the 'sox 01 Channel tan 11. Ilank.toites were loom!, on: if them sitglitly lioy.ll with 1610061, %%Mel lode, trolls' be grimed to the posst•ssitot of the father 4 tow days lit AM.' File prism.' r at mite al Is nobs sedued the totes 'tail bell Isis fatlies',, and said that his intht r gate them to him on the pre orodiag ..lintlaS ; lat. slamle, Itowes er, tall evidence to 'stove, that tin punnet, ni the 1.6111 y pin t sit . Monday, could not pay a stun at } I. hot annul In .4tut k tin )16.thha) eight, 6ttill the thanks was soppost il to be emothitlrtl. he %scot to the Itirl6.. mond At is, ill ilsa ts.m it, and styntoott tell money very pots fonely. . As they wets 60111 silvertril, they were I &nailed to say who le they load 100 ii, 611e6 a m tht r they were together of ant Matalay i.% tiling. '1114.:, !sells di:trill that tiny lird tot "en each ' iti''r stilt '' I 'm' pert soling Ft id tv. The falsity of ht. ,6:41eme6.1 w• 6.6661 oo 416mA:tolls l oosed, fro Iloilo Chatelatis . 0 64‘ t'llet.lB , l 'err a. i II 101 l Iht spot At Isalf.p4 , l 011ie on tits ' vErll"g of ' 1 " "I"'d , 'ls , ..V4 reehnet ass sten siamlit g al the sty eassa;;e attach led to the dt.ecaaad's huuse, ./...ti a :;4 , • g ~:~. i ' a: V;i r ,~~:.,~~ UG, 3 itness afterwards passing by f aVI it woman walking backward and forward heroic the door. appaiently on the watch. Tide stoman, it WAS 1111 W evident, was oily Sarah Hurst, an heccur.. place; :awl Chalet all Wai %Cell Wis 11.111; towards his home, 'latest fellow ing hint, and Clieme•l at the same tini e t back to the Richmond Arius, which he bud lett Soule limo betnie ; insi-tang that he went oit tit look after a W 01311.11, 111111 Was gone tae short al • •,11141 A pipte he left behind hint was buirsaisig when hr retoturd. It W. 14 niso singular, that Chaleraft hail A abort time hi tore deflated, that '• these would bra biguer blow rip before long than Godelming Lad est r • seen." With respect to Channel, the prisoner, he was sr. pa cited film his wife, and was in the voiretant habit of using • invectives against his father and the old %inmate. Them. were the eireninstonces stispieion; but in addition to this, he should rail Sarah Hurst, the accomplice of the decal. The Jnry knew that an accomplice was all infamon% character, and ought not to he believed, endess e eli fi nue ,L bi other testimony ; and in justiee to the prison( r, bs W it % bunud tfl state, that this eitcomplices Hand, hod Remised Anil 11, lie N unlit got :111ellt1111111allte'et-Wllll, !Tot inv e, '; gas . lk . • tam, Wire clearly innocent. They would hear the w tioie east, and decide Impaitiallv. For the prosecution tirade were then called about thirty. • Geoege,Wpouli had:ChN geei ng Castes prow oeeing the till • woman eriv.o, l about eight o'clurk on ;tiestif4y, the I , l#ll 01 Novenae r. , • J. Cti . ri iiieton, the farming servant. stated, that.on ?nes 'l4Y wt. about !mit' pest sis, he *t u t to die stablec behind the liense ; he haunt! Chideraft therep the side door of . the kitel.t 11 WAS open, licit hia master was lini nit , nor the - housekeeper. He and Clialerall breakfasted hi, the back kitchen;andas no one appeared, Ch.:derail said he would call them. Ile heard hint open the door leading to the kitchen and call' Master;" buf 110 reply was given. The niter , . afterwards weot, and on opening the dour, lie saw A plid.l:.• nt blend, :Md the housekeeper dead he put has finger down and - • !combed the bleed. They then both ran assay iota the 'beet, .••• and ;Maimed the fie4,hiietits.' W. H . Caesium the next-door neighbour, stated„lhat he went to lied at ten ; his door-way faced Cheinirl's kitchen duor, unri at ten there was no light, and all was quiet ;in the more. . ing he was alarmed st ith others. Chaleneft was stantheig opposite the Mouse, coil -said old Bet And his master wet e Math tem timed. Ile, - will' others, seatelied tite Manse t the heads welt !Catchier(' atel the throat* clot, Sevelal persons, who had assembled at the Marie, were examitird, and they nen cal that the old getilltman was found in his bed, and the housekeeper in tile kitchen, in her clothes. Clicimel, the son, was :eat for to his loilgiage. He went up stens sit the request ofsionie,and, as described Isy cine.witness, be gaec a . side look at his father's corpse, and then sat dolit, and ceo vet ed his fee , : with hie hard.. In the barite was funnel a hammer, which bad unqtreetionably been , the weepeni with which the sands of thienvec'eeed half, been feactiteed, anal a ease knife covered wilti litiewle.with *hick .the throats had . .been cut, The money in the old man's !percher., about tit. hail not been toicelieil; but the tilt in the bitty had bete forced, • and its contents taken aces; One wttnees t ot the nlamae offiteene, said,. lee thought lee Saw a spot et bLami coel.:lnsteraß's frock, near the elbow. Wm. Parboils, ileisetigeon, suited, that be sew the bodice , early in the m 41111141 f 1:14.14.1, and he was alt opinion that • they wet a stemiell fitst; and . had theit tfiruati cut while in * state of insensibility - . • •.* • • A willies* of ittk natne,'OrGeor.ge • Anetitt,'w4lo *peke to the • position ulthe,houty lif.tire hotierkeepre, *toted, that Chat- re craft must lia4;' seen her clothe liner when he called his mas- r ter, and that he made 'inn thew him how he stood when " called; at the Name time asking n why lie did not open another door, which was the more,* ns inetitud. He made • use of this renialkable tap i eSiSCOI, e would have done at I did, if you knew the pedigree is(ilt e affair its I do." lie also asked him why lie did not grr nit Ili see his master's body. lie replied, that he dub! not toiell the: tows; beeense Le never saw any mars mnrclered butt Vie mast•at Petersfield.-4 Wittiesseiskril if he meant to sus he had seers that nail mur der'', ? He said, 1.0 ;he meant after si as intit tiered. The notes knurl at Chenners were iteeditei : one of them Only was bliglitly tinged, hot not very eppai Cut Whether will' blood or not. Bo t h w ere f oun d G ui l t y. The Lem ned Jualse proceenid to pass the awful aritteu..e of the law, apparentlymitichaffeeteal. lie trail the pi 'Name. s, that they had often foiled hy a Jury of their (111111 t ry -111.11, also the lutist lumen e aril patient ill v. stigai ion of the ;e rase; add he might now invittia to ss hat lie had studiensly 114 stained from hinting before—that he hocielit the coon-lotion they lied come to the only one to which any rea•otiehle malt I could emote un the evideece aeaiest them. After the ex:lna:Ma bun into which the cowl had already entered. he lilt ilia: hr could hot intleh longer iiieke a demand on their attentin! - , ; hilt he could feet omit statitig to the /9r:sutlers: the sitteeimi an which they stood with regard to the deceased. The u::e of them stood in the relation 1,1'4%011 -a relation which e ti el ,: a t always create the utmost leverence mid lily, ; the ether .re that of a scream, who should alweye counts:ma duty:m.l re spect. Murder committed in these relauuus could sear .eiy minim of aggrasation, but the crime its their ea.e had teen aLg as 'lied by eiiefillistillletS of almost unexampled atrocity. Die nun haul lifted lap his hand. nut only again.' his rithcr, lint that (ether aged and feeble ; mid the other ag iinst a mas ter whumhe himself bad denominated kind wad benevolent. If Hwy had not yet prepared their miuuls. Ily repent:llW,, 11) •iapplicale that God whom they had 4,,r.eiaded, they staindi mploy the tew hours that yet remain. d Irr that purpo.e. us ithoot esetessly denying their giult, and raided% out to place Then snails in a stile to receive pardrn in anellact world lin 4 shod like Ibis. He had now only to pionosince the a a tin -to. tense of the h a s, Wald) was, that they be taken Melee the priseia,fa um whence they came, and on Ft ialav ears 'l, al to the place of execution, there to he hung by the :leek till and 11161 holies at cis to lie gisen to auAlutuis.sl and clai.i.cied Arco. 'ling to the Statute. 'this beis.g the setateuce of the law, the Lord have mercy on their souls. pri smiersieere then led away, Chaleraft protesting that lie wat 0%1111414711114S the Child 11111eti 11,"A11 , 1 Cllellnel sit) uiug The latter if ems . 0 pet inn about dU ; IS a slot made melt, I.llller le lie corpialtut, with the umber of A g• ad apeatenity rendered heavy and dell by U e effect • of indolence and irregular habits. Ile was di u tied ill a Liar k jockey cuat. a sti ills d w aistcoat and a black iseckeichaid. Ile displayed, nit his entrain e into (lour I, the to uned toner to Ins eituatinn, and did eppi at to he mot li nail d 1.) any thing (has ouch:red ire pi ;seller Clials•l4tt 1.111•181. ell ill smock truck, with a Velem ed I 1 1 ,•,1 .all/111 Ins neck , he had als the suss ic App. Aeitilet of •Ilis .ituatime.i..ineil to a ronsidrrabte degtee 'll Orliteitesi ill L.% eye and grarrat iidellipence in Lae coisiiti•nane. ; hr stn meal 54 , 11 re. and confident, but Ni the Jame Lillie tactical and attest. il. .. rg'.. - ; , kir/4 „ - 0-4tst