The National Register. — London, England, 1822-04-15 00:00:00

PRICE Bank Stock 2491 3 per Cent. Red. 171 3 per Cent. Congols 78i 31 per Cent. 89 4 per Cent. 05i per Cent. Navy 101 j I ..n,r Ann. VO STOCKS. 01111M111111 0. I int). 3 per Cent. India Bonds 64 India Stock Exe'letitier prem. Conc. ior Ac. 7S'p Loner., •I•ockri< £27 19s. Zig 13rttli) Xcptunc, konDoit : MONDAY, APRIL Is. The trial respecting the Manchester outrage has terminated, and a Jury has declared that one of the victims of " PROMPTITUDE. " on the memorable 16th of August, is not entitled to a compensation fur the violence done to him on that day. The institution of Juries is &.f great antiquity, and is regarded by all with deserved veneration—but all decisions of Juries are not of ►eecessity correct—or, why do we see from time to time verdicts reversed on application to the Court,—we may, therefore, un der such existing implication of fallibity, be allowed to doubt the correctness of the condu- sion, to which the Lancastrian IVorthics have ar- rived—and without meanim4 to impute any improper motives to the Learned J kt:l;c—witholit supposing that in his charge to the Jury, he had in view a possibility that that charge miglit be read elsewhere to his future advantage, we do not hesitate to declare our opinion, that it was erioneous in many pointsand we think he himself will agree with us, if he contrast k;s observations on the legality of the meeting, with those made by his senior brother, Mr. Baron Wood, (on a trial for riot), at the last Surrey Assizes.—" The mere assemblage of two or three hundred persons," said that worthy Judge, " would not constitute a riot, for if so, persons assembled at a horse-race or a bull-bait, might be liable to punishment as rioters. If an assemblage of people, however numerous, conduct itself peaceably and orderly, it is not a riot. It must be 'hewn that the people assemble for the purpose of brea!:ing the King's peace, and that their conduct was stick as to endanger the public peace, and to carry weror, dismay, and affrightment, into the surrounding neighbourhood.'"fhus the law was defined as we have always read it, but certainly differently from Mr. Justice Holroyd's definition — we are all open to error, and in the present case the Counsel for the plaintiff having tendered ex ceptions, an argument may most likely take place upon them.—We do not mean to harrow up the feelings• of our Readers, by an account of the evidence given in support of the action—they all of them remember that given on the Old ham Inquests, and it will suffice to say that it remains not only uncontradicted but confirmed, and in some instances added to, on the score of the enormities committed on the field of Manchester glory. The evidence for the defence may be gene rally dismissed, by observing that it was given by those wl.o were decidedly PARTICIPATORS in the crimes of the day—but we shall stay to notice two or three points :—in the first place, in the report before us (which is taken versatim from the notes of a reporter, whose correctness we have cause, from experience, to rely upon) it is stated that NaDIN, the notorious constable of Manchester, swore that on his receiving the warrant to apprehend Hunt, &c. he withdrew the whole of the special constables that had till that time firmed a line of communication between the Hustings and Buxton's house, where the magistrates were assembled, and this he dis tinctly states he did before the Yeomanry moved forward, to enable them to reach the hustings.— Now, Mr. Peter Statham (whose evidenae follows immediately that of Nadia) swears, " I saw the Manchester Yeomanry come to the ground—the special constables appeared to open right and left for the Yeomanry to go to the hustings. I was about five yards from the special constables when the ca valry advanced." Surely, if we understand our own language, one of these men was misiukat.so VIE NATII :. REGISTER much for consistency—the Rev. Mr. Flay, in speating of the evening of that dreadful day, says " four, women were represented at the time to be dead, but the communication was overstated to us—l saw a woman, in the room where Hunt and Johnson were, brought in—she looked very faint and sick, but I never heard before to-day that she was wounded."—He then replied, with a smile, to Mr. Evans's question, " Did you look at her accurately ?" " THERE WAS NO GRcAT TEMPTATION"---SO Mich for decency and humanity on the part of one of the Pastors of our Established Church. Whatever may ILs the decision of a Lancashire Jury—history will pronounce the true character of the proceedings of that day, and the visitiugs of severe compunction in this world, on the part of the actors in them will, we , hope, have the effect of lessening the punishment they may escape here, but rannot hereafter— :. In die corrupted currents of this world " Offences gilded butt may wove by jUbtiCC " But 'cis not so above." THE LIBERTY OP THE PRESS. As the persevering advocates of that Palladium of Liberty, an unfettered Press, we haste to apo logize to our Readers for having so long neglected to notice a publication, which is calculated to do great service to the cause it evouses—hut the fact is, that it came into our hands on the very day that Parliament met, and we have since that time had our columns fully occupied, besides which it is pro bable if we had noticed it, while the intense interest of the Parliamentary proceedings engaged general at:cntion, our encomiums might have passed un heeded—our praises scarcely have been read. The work to which we alludois from the pen of a Mt. Thomas, (a professional amtleman, already well known to the literary world, by several publications at once aide and utile). and is entitled " A Legal and Constitutional Argumenr; against the alleged Judicial Right of Restraining the Publication of Reports of Judicial Proceedings, as assumed in the Kings. Thistlewood and others, enforced against the Proprietor of the Obserr,^r, by a tine of £5OO. and afierwaras confirmed by the Court of King's Bench." For the preprietor of the Observer, we felt neither commisseration nor pity, became we believe his disregard of the order of the Court did not arise from an honourable feeling of independence, and a determination to fi, , . ; itt the battle of the Press in general, lett from a petty, selfish cupidity, which anticipated considerable profit from forestalling his brother proprietors, who might not chuse to cet nought the declared wish of the Judges : still we feel that Mr. Thomas has an indisputable claim to the gratitude of the publiz at large, and Gf the Pmprietors of Newspapers in particular for iii., pre sent interference in their behalf, and for the very great industry he has exercised in his researches after authorities, by which precedents are proved to haveb,:en decidedly opposed to this unconstitutional, and unjustifiable assumption on the part of the Bench. Peter l'indar, describes a certain deceased philosopher, blown up with conceit on the setae of his own arguments, thus—.... I grr 5 0t that he's no intellectual lion Subduing every thing he darts hie eye on ; Rather, I ween, an intellectual Ilea Hopping on toence's broad, bony back l'okiug his pea prole xis or attack, Drawing a drop of blood anti fancying it a sea." sow, though totally unknown to Inin but by his works, we think that Mr. Thomas is the very oppo site of Peters philosopher—his advertisement is modesty itself, and in it he feelingly deprecates the censure of his Readers, for faiths we cannot find— for negligencics we have sought for in vain. In his PREFACE (firr we might be accused of pedantry, if we followed the author in the use of the word Pito - Ex—besides which, many of our readers might nit so well understand a word derived from the Greek), Mr. Thomas properly observes — "The politics of the day arc entirely unconnected with ' the stitious legal matter which I have twidertakeit to in vestigate. It is simply the question considered whether or no str Englishman has a right, by the law and constitu tion of his eouuuy, to publish the proceedings of an Eng lish court of justice t If this be a tinestion involving, or es en affecting a particular system of politics, then I must coolies. that 1 have been egi egiously mistaken in my view of the case. I defend the atramatire of tile proposition, conceiving the right of publication essential to the pure administration of the law in our venerable courts of Jus tice, tt Ito, like'l'rttth, her constant undeviating compa nion, needs neither mask nor veil. Notts ithstanding the little differences 111141 petty animosities occasionally ex cited by particular measures, we shook' never sacrifice our judgments to our feelings, nor our charity In our indignation. We should Nary all our private resentments in the pit Übe benefit of our hallowed conoiry. Cahn investigation is useful, but violent contention is shwa)s danget nos." The nature of the work, which consists of well selected authorities, precludes the possibility of a quotation—we therefore close our notice of it with a re-iteration of our thanks to the author, for a laborious and essentially useful publication, in de fence of that right, width 1 ‘ Is like the air we breathe, if we have it not, we die." gfr , 7lr ;= ~, .: 7 =se LAW IN. COURT OF KING'S BENCII. SAIURDAY, APRIL 1.4. BRIDGE SPREE F sOCIETY. vie KING V. SIR JOHN SEWELL, C. lIILRRAY, LONGUII, •ILLE CLARK, AND R. D. SHARP. On the Chief Justice taking his seat, tit • came of the Kiai n. Murray and others was called on, and the following sp. cial jurors were sworn Leach, Edwina Hughes, William Whitwootb, Thos. Felon. John Scott, Ja toes Eluud, Titus. Todd, and Thomas Parker. The tales being pra)ed by Mr. ficarlelt, the fallowing made up the Jiro :—Janies Puns:m:ll, Thumns Richardson, Richard Wilson, John Trsegge. The Counsel for the west coition were Messrs. Searleir, Denman, and Evaus ; for the defeinlanis, Nlessts. Gurney, Tordale, and Adolphus. The hadictment was read by Mo. Evans, charging the detendatota with crwspiracy and exturtirm, and also with admiundering unlawful oaths, Bic. Mr. Scat lett having opened the case, W. Atkinson of the London Road, Bookseller, swore that lie had been art ester! by the Constitutional Association. He appeared with bail whom the tipstati knew to be responsible, bat Aliirray demanded 4'4 hours notice, awl in consequente of which witness was conveyed to Horse 11111 l leer Jail, where 1w lay live days, and wan, after paying Its. humid over in his own recognizance-181. 1i3.. lid, was after wards demanded of (tint for expenses ; but the committee afterwards reduced them to 51. which lie paid. James Mistral had prod Mr. Murray Md. for Mr. Wardle of the Statesman which compromised indictments preferred against Mr. Wm dle—but Mr. W. considered himself treated very politely by Mr. Murray, and disdained to charge hint with extortion. M. Dolby also complained of the conduct of Mr. Moe- • ray ; did Mr. Thel.vall of the Champion, whose bail was • denied, Itituado locked up, mid Mr. Murray had afterward* denianded 4y hours notice olhail. Mr. Justice Holroyd said, Mr. Murray ought not to base demanded this. James Harm( r proved that the regular charges of the profession w ere much less than that charged by Mr. Mat ray in th.,e it.dirtmehiN. 51r. Gurney addres-ell the Jury on heitalfof the defeedants. The Ellie' Justice s u mmed up, and the Jury alter a guars ter ofan bout'sewisideration, returned a verdict of not godly. The Jury considered that Mr. Thelaall had been harshly treated by Mr. Murray. COVENT GARDEN THEATRE. -410- On Monday last, as usual, a new efterpieee, dedicated to the holiday folk, was produced at LIO• theaere.—our other eneagetnents, however, prevented our seeing it earlier than Thursday evening, when it was preceded by that justly great favourite of the politic " Bob Roy Mac—• gregor," in the performance of which ad the actors 4041:• actresses appeared to vie with each other in point of excel lence—Nl'Cready's chef d euvre is certainly the citaracter whence the piece derives its name, and Liston in the , Bailiie lost nothing of his high estimation—Miss 1. Tree played Diana, and by her excellent playing and singing made us cease to rearet the absence of Miss Stephens—Blanc:tar:l threw Owed intos yen a more pro. utiitent situation ittaii the author ever a intimated -he cutito wa d e 1)u etisxis Frank appeared to emu. late the eari;l:ore that surrounded it. Tne junior pan•• or the audience, however, were its breathless expectattoti,. for they tli.t not enter into the lutes or trousles of Diana and Frank, and at last the rising of the cure its • pitieiaimed toe commencement of the new grand Asiatic NC:10-1)r.miatic Romance, founded oil the Fairy 'Lae called Cherry and Fair Star, or the Children of Cyprerc• Tile incidenta in the dunning story of Peraull, have so oft delighted the juvenile mind, are 311 made dramatic. Prince Cherry was personified by Mrs. , %%IN IN 0, slid l'Oir Star by Misa FOOTS. The talents of • each were sects to the greatest advantage, anal its short - the whole Da-mai: Persona, -contributed ably to the life and spirit of the piece. Tile overture and music greedy , lIICVe4Sed the pleasure of the audience, particularly the lyric part. Several of the songs were received with ap plause, mid encored. A succession of beautiful scenery produced general admiration. The celebrated Isle of Penedos, upon the coast of Natolia, standing at the foot of a 100U111..1111 j the port of Cyprus, in the Mediterranean, all I the arrival of splendid Grecian galley its the har bour, wera hailed as rich specimens of art and cheer. The Bower of Illusion, in which every object - was multiplied, and every part of the scenery augmented interminably, was brilliant in the extreme. Tile whole conducted the spectator to the regions of iairyism, leading fancy and taste to the inmost limits of fascination. The Burning Forest, which.surrounded the Euchatited Basin - at . I)aticing Waters, realised the epic and delrehtful des cription of Tasso, and the lovely scenery of Cann:rens.— 'roe terrific Peak on the Caucasus, and the Palace-et the Emperor of Cyprus, were also subjects fur adnuration.— On the whole our theatrical experience does taut remind' us of any piece, partaking of patitomitne but divested of its ennuyant ollies, in witieh the associated arts of toe scene painter unit machinist have been so COSillry, SO • bnlliantly, or so eilectually combined. We cannot close our observations without entering . our protest against the perlermances being allowed tizt • encroach on the morning, which was the- case en the.. night we allude to, and we really think that the Lord Chamberlain would serve the theatres and the public tf he issued a positive order Mr all the performances to con clude at or kiefore eleven o'clock—die nresent late hours are in fact a terror to muse who must attend to business the next Jay. It is reported that a matrimonial allianee is nego. ciutrng between Lord Prudhoe, brother to the Duke of Northumberland, cud Lady Caroline Graham,. youngest daughter of the Duke of Montrose. N strata of coal has been found on Tidenham Chace, bordering on the forest of D.an, Glouces— tershire, which is likely to afford an abuudaut sup. , ply to that district,. , - I