The National Register. — London, England, 1817-10-20 00:00:00

OCT. O. STATE TRIALS. DEII3Y WEnnusnAlr, OCT. 15. T wo of the judges name I illy Special Commission, the thief Baron Rickards and %II Abbott, entered this t own yesterasy evening, and amediately proeceded to their ladge,..•, .1 the County•trall. At 1.2 o'elork third iy, thy other Int) .•s, 4r. Justice Dallas. and Mr..lastice Holroyd, ail-teed. The High Sheriff, in a ,tale-earri:l4e fold four, attended a.great number of . ;avelin men on tout, end Itt!cotopianied by the Mayor, ands large body of thc comity gruirlemen nu ho:subirek, len the town about II o'clock, foe the purpose of meeting the Judges. As soon as 'h e y inc r. t h e Judges alighted from their travelling carriages, and emceed the Sheriff's coach ; and the whole procession dill' marched into the town preceded by the us u al mmnil of ,r thu p r i s . h e procession stopped at the Judges' lodgings, u here their lord. ships remained an hour together ; and at one o'clock pre cisely went4o hear divine service at the parish church of All Saint , . . _ . At halellast two their Lordships entered the Court. The Attorney-General, the Nolieitor General, Serjeant Mr. Clarke, Set jeant Copley, Mr. Gurney, Mr. Richae ikon, Mr. Italguy, Mr. Slieplis rd, and Mr. Reynolds, took their scats as counsel for the' prosecution. Mr. Cross and Mr. Denman sat on the left of the .:,•rk, as counsel for the pri soners. The Grand Jury were then rolled user : Lord George Cavendish William Gill, Esq. lion. George Vernon Edward Cook, Esq. Hon. Henry Cavendish Jahn ltadtbril, Y,::. Sir Robert IVi'mot Bart. Francis Mundy, ksq. Sir Matthew Blackiston,itart. Charles Hurt. El. Sir Henry Fitzliab..rt, Bart. Winfield Halton, Esq. Sir W. Chambers Ba.rshaw, Bart. Bates Heskett, Esq. Sir CharlesCobille, knight.' John Crompton. Esq. Edward Hastings, Esq. Richard Bateman, Esq. Richard Arkwright, Esq. Samuel Frith, RNLI. John Ashton N lowly, Esr,. .:%lannitduke Aliddleton Middle- Filwanl Miller Mundy, EN. ton Esq. S lwanl Sacheverell Sitwell, Esq. Aston Ashton Shuttlewerth, EN. Bates Ilershell, Esq. and Francis Hurt s Esq. Josiah Jebb, Esq.. Mr. Baron Richards said; it was matter nf great satisfaction to see so numerous , and re+pectable an attendance of Grand Jurors; out there stns nothing to be submitted to them at present. They Should he in their places; and it' any thing eiould occur to be laid before them, nutiee would be given to i t em ; and he hail no doubt they would attend upon reeeiv. ing such notice. The proclamation against vice and , immorality being read, the Chief Baron, turning towards the reporters whom he saw in Coati, said, " Gentlemen, the Court expects that nothing of the proceedings which are to begin to-morrow shall be published till the whole shall be finished: I give this notice now, and shall repeat it to-morrow, that gemieman may lie aware, that if, after this followilig notice, any of the pro. ceedings which shall begin to_morrow lie published, the Coot I. have all :agreed it shall be taken notice of in the proper gay. The Chief Baron, then torning to the :attorney-General, asked him if he had any communication to make to the Court concerning the mode in which lie ineatit to proceed The Attorney-General said, that it might not be convenient t bring all the prisoners into court for trial at the same time : Vies. ntigh be taken in numbers of eight, tell, or twelve, to be arraigned and to plead : lie was now aware of the plans which his learned friends, the counsel for the prisoners sorant to recommend ; nor did he ask a premature disclosure of them. Such a number might be brought as suited the convenience of the Court. He then asked Mr. Cross it he ha I objei null to stacii a lu•lde. Mr. Cross said he had none: they might he arraigned singly, altogether, or in separate tiortions; it was a matter of indifference to him, or as it alketed the rights and inter ests of the prisoners. The fullowiug prisoners were then brought op and ar raigned a second time fur high treason, for the purpose of being placed upon their trial to-morrow morning.—Thoome Bacon, labourer; Jeremiah Brandreth, luhurnr ; George Wrightman, stone-in non ; Joseph Ludlam, labourer; Isaac Tarner the elder, and Isaac Ludlam the younger, labourers : Samuel Ludlam, and William Ludlam, labourers ; Samuel Hunt farmer; and Robert Turner, lisholiter, all late of the parish of ouutliwingtielil in the county of Derb). THURSDAY, OCT. 10. r The Court met precisely at 9 o'clock. The doors were opened at the hour, .n4l till rush of the crowd, who had 're ♦•tously as , eallned in the yard in front of the way so great. that it took fall a quarter of on hour to establish order and silence. Mr. Header now took his seat with the Counsel we mentioned yesterday for the Crown. The lit-t of Jurors. consisting of the number of 300, were called over; 268 answered to their names. Of the other 31, most were °v ented for age or infirmity ; 10 were fined to'. This occupied the Court till hale past 10. The Attorney tienerul.—My intention is to proceed to try the prisoner Jeremiah Brandreth first. The Chief Baron.—Bring up Jeremiah Brasidreth. liJetetniati Brandreth, otherwi,e called John Coke, other wise th.• Nottingham Captain, was then placed at the liar. He appears to be a young man, of 2n. So far as his face could by discerned throng,' the large bushy black beard that c , \v ,.„„t t h e t one r pie; of it, anti the curled black hair that completely concealed his forehead, hest cued a good looking man. He was dressed in a sailor's blue jacket, and a black waistcoat, miteh the worse for wear. Twenty five jurors were peremptorily challenged for the Prisoner, anti Once for the Crown. One of the Jurors had been called into the i.ox, and the officer had read the oath to him. when the coons., nu both sides objected to hnn ; un which, a dispute arose between the Attorne)-tieneral and the conusel for the prisoners, they contending, that the challenge must he considered to lie on the part of the Crown, since t he Juror had net been challenged by the prisoner before the WWI V:l4 be,' , llll to be put. After some discussion, the Attorney General agreed to take diechallenge for list' Crown. The following Jury were Own lint lulu the box : - WilliJ in It , ' ilks, of * Chin cli.l,roughton, farmer ; John Stret ton of the SJllle, farmer ; John 'lrenipest, of nori e v, m et . ; Samuel Wi:der, of Dwell farmer; Thoinas Ascher of Hatton, farmer i Hobert Caton, of Ostistoti. 41111 Tinirvasion, farmer ; Sherwin, of Rodsiey, fin slwr ; Thomas ,o 1 the saute, farmer; Harry Yates of Lapp eelim , farmer ; John Oakdmr, of Yearely,tariner ; Sohn Ad,eit, of the same, farmer. . . . This preliminary business occupied the Court till halt' pa tu the. The indictment a gainst the p r, Jereinia Bi an& rib May then read by the civil of the Arraigns, and the pleadings opened by Mr. Baletty. The Lord Chief Baron iutiniatt.d that he Wished to repeat ..TIO NATIONAL REGISTER. the c.ll tion given yr.rerday by the court with regard to the tion of its proceedings on this occasion. h was to be .4)&1 • wort clearly, that uo part, either of this or any tither tier the pre,elit indictment, could be published until le should be brought to a conelissb.n, without ineuirring thr 'ilionail%ersion of that Centre, whose authorit), if set at d , line r, would certainly be exereisiol iu bringing the de lingnria ?flii i s hi lion l. He trusted that there would be no further necessity for adverting to this subject. On the suggestion of Air. Cross, mid with the concurrence of the Cuowel oil the pal t of the C.'own, all thew it nesse , on both sitles were ordered to withdraw during the Attorne:,- General's ;Address, except maeistrates, and such professional persons as welt' to be called to speak merely to mantels la form. The Attorney. General then began ; be spoke for abort au boor am! a hall; his speech wit+ much clearer and energetic thin that delhered on Watmites trial. .......... 11 ,. .tnet,a.‘ were then culled at two o'clock ; and first An tony Nlin The poverty of the wretched prisoners is so greet, that it is rim rutty reported that the briefs were nut prepared fur their Counsel till two days ago. FRIDAY, OCT. 17. This Court opmed nt 8 o'clock this moming, and the business be gan imittiOattly. There were several wimessat examined :—Mary Fpworth, the ini.tress of Hobert %Vatltors, the servant who was shot by a gun feel through the window ; Samuel Fleiciier, whose house had been broken open, and who was tincol to give up his gun and his servant to the rioters; William Shipiiimi, the servant so forced away, and who gave an account of the itiarciiirfr and countermarch ing of these outrageous vagabinuls; Hole. a farina, who had been forced to join theta. and who deposed to a speech, saying that now the time wasycane to tight ur starve, and WllOll3 th..niub en couraged to accompany them by the promise of roast-be.ef and ale, and a fresh government, which Mr. Cross, in Ins crows-examination of witness, called a provisional government. William Booth, another person forced away, also deposed to the counterman ht.'s of the rioters. _ _ _ George Goodwin. inantger of the iron-works at Butterly, de posed to the g: to appearano2 Of the rioters, their enter and their arms. It was he took the ammunition from one of them, and which, by a curious coincidence with Watson'' ease, consisted et' bullet, partly thrust into the foot of an old sioAing, and the rest loosely lying in an oat sack : omi:ether, it coa.,isted of about si potunis wcight. illiam Roper also bore testimony to the regular array of the rioters. Nlr. Rollesion, a Nfagistrate of Nottingham. and etptaiu Phillips, of the 13th Dragoons, deposed to the c.sy dispersion ut tile ranks of the rioters, and to the subsequent apprehension of several ut them. 't lie evidence for the prosecution concluded just before 12 o'clock. I'he jury having retired anti returned in a few minutes Mr. Cross began his speech tar the defence exactly at 12 o'clock- The Learned Counsel spoke for about two hours. Ile begun by stating the law of treason, and espreswing his dissent from the doe trines laidsloisn by the Attorney-General, founded on ths exposition of the statute of Edward 111. by Justice luster, and other law au thorities. Ile traced the pwre,ss of the law from Edward &vas- wardi and the various encroachments made in the reigns of Edward VI. and Queen Mary. fie showed how the famous statute of Edward 111. had been ren dered nugatory by ti rced interpretations and arbitrary congructions, or what were called constructive treasons. At the accession of the reigning family to the throne, the Writ Act had been tussle, and constructive treasons were abolished. 'fhis celebrated Act, by apply ing a particular punishment to riot, and describing what was to be considered as tumult or riot as distinguished front treason, rentlemi the doctrine of constructive treason useless fox the protection of the public peace, and sufficiently explained what was meant by levying war. Levying of war was different from mere tumult: and the pri soners, though guilt': of the latter, were not affected by au evideace that was brought to prove them guilty of the former. There had been trials in Derby fur high treason, but these happened after a rebellion, in which there was a great army employed on the side of the rebels to overthrow the Government. There hail been only two attempts at constructive treason since the accession of the Brunswick family, and these happe..est ..1 the case of Lord G. Gordon, and in the trial of Watson in Westminster. Both attempts were defeated, though the ino,t violent outrages by tumultuous assemblies were committed in both cases. The Learned Counsel then went over the circumstances of the case before tire jury, and contended that they came only under the description of riot, and not of high treason. lie gave a detail of the ousts of the discontents last year, and spoke in savere terms of Cohbett and his chers publications. lie commended Lord Siilmouth's Circular respecting the law of libel, and thought that such publications as Cobbett's should lm:e been sooner stopt. When the Learned Counsel concluded, u witness was called to prove that the prisoner hail received parish aid. Mr. Iknman began his speeeh for the prisoner about half past 2, and was lett speaking at three o'clock. SATURDAY, OCT. 18. SOlll3 after 8 in the morning the Cdief Baron began to-address the Jury. He explained to them with groat clearness, the nature of the law, and urged them to observe the umiod impartiality in their verdict. "If (said he) you think the evidence anbrds proof of the crime charged' you will find the prisoner guilty. If. on the other hand, you find the evidence insufficient, you will acqfiit the prisontr, and if that should he the result, none can rejoice more than !assured as I sin that you will judge according to the evidence." After reading the whole of the e:idenee and minutely commenting upon each part, the Learned Judge ob.:erved, " The low situation in lite of the persons engaged in this insurrection is no excuse. A crime is not less a come because the criminal is poor. I f there could be to pro:pect of success, that is no exease; because the crime consists in the intention, and not in. the adequacy of the means." %The jure retired, and in 20 minutes returned witha verdiet,tiol. ing Jerennah Brandreth Guilty of High Treason, and that he had no funds or tenements, goods or chattles, when the crime was ann mined. The Court was excessively crowded, and the unlit pro found silence prevailed while the verdict was given in and n_vorded. The prisoner seemed quite unmoved and even indifferent. The Chief Baron asked the Auorney•General whether he could say it was probable that any other trial could be gone through to-day, as otherwise it would be a hardship for the jury to be confined dur ing the Sunday. The Attorney-Gcneral conceived, that it was even impossible to finish any other trial this day, and prupo.ed, with Mr. Cro.a s conbent to,lidpurn till Monday. r. t•ro<s amen tea. . . A!1 the jurors were ordered to continue in attendance. Adjourned at half paht in to non Monday morning. —(this day.) An imitation of Leonardo du Vinci's celebrated pic ture called •' La Cena," is now executing in mosaic at Milan for the Emperor of Austria. It will cast 7,500 Ignineas, and when completed it avill be forwarded to Vienna. I t is 30 feet long and I.) broad. An on'er has lately been made by the Lords of the Treasury, that all persons employed under the Board of %Voris are in future to give in with their estimates an attested account of the prime cost of all the mate rials to be used both in building and in repairs, on which they are to be allowed fifteen per cent. which include all charges whatever. 7'HE DRAM. walla . Last Tuesday Miss Byrne, from the Dublin Theatre made a most successful first appearance at this house, in the part of Adela in the Opera of the Haunted Tomer. The vocal powers of this young lady have been much admired in the Irish capital, and we think there is little doubt of their being equally successful here. Few cha ractess are better calculated to display the powers of a fine voice than the above. None but a very superior singer can execute the beautiful music of Storace with credit to themselves, or pleasure to their hearers. Her voice is one of the most powerful albs we have ever heard and possesses much sweetness, and a degree of compass and flexibility seldom equalled. Her execution shows that she has been well taught, and also that her judgment is excellent. Miss B. seems very young, and la_ loured under the tcmidity natural to a genteel female, not educated to appear befime the public, but who, front the best of motives, comes forward to convert the accomplishments which were the amusements of her childish days, to afford support to her parent, reduced by untoward circumstances. These feelingsconsiderabh' agitated Miss B. whilst commencing, her first air of " frillier iv love." As she proceeded, however, her voice became more steady, and she concluded it in such a manner as to call forth an unanimous encore. In the songs that followed she astonished us by the firmness of her tones, the brilliancy of her execution, and the science which she displayed. In all her songs she was encored, except the recitative and air at the commence ment of the third act, which on account of its difficulty, the audience, from a kind feeling, would not allow her to repeat. We have certainly rot witnessed any thing like so successful a delnd since that of Miss-Stephens, and we have no doubt that Miss 13. will become a first rite singer. Miss B's figure is rather beneath the mid dle statue but elegantly formed ; she moves and looks too much like a lady for the rustic Adela.ln truth her fine clothes did not sit sufficiently awkwardly upon her, i • she went through the part, however, in a manner to prove that as.an actress she is not deficient in merit.— Miss Cubitt appeared in Lady Eleoner, this young lady possesses a very sweet voice, and executed her airs with much taste Mr. Harley played the part of Edward ; I we wish this gentleman would study nature, and dis play less grimace. ‘Ve have seen this character so well supported by Knight, that we wonder, not to see hint in it always. Dowton was as usual excellent Cooke was not in as good voice as usual. The whole of the Opera, however, went off wall. Munden having recovered from his indisposition, the Colder rf Preston has again reeled into notice. COVENT-GA RDEN THE %TUE. On Tuesday Miss Brunton ventured upon another leading character in gented comedy. She stoops to Conquer brought her before us in Miss flardnistle in which she confirmed every expectation which we had previously formed. On Friday Miss ()Nen made her first aveanince this season, and it A -ave us . sincere pleasure to observe that she has returael from her provincial tour in im proved health. Her performance in the dpostate was marked by all that excelleinee, which we have had fre. quent occasion to admire, nay, indeed, sh • gave the empassioned scenes, with, even an encreased degree of energy. mml• •,m1••=m1•1••• Tae Queest.—On Wednesday Her Majesty dined at her Palace, at three o'clock, accompanied by the Princesses Augusta and Elizabeth : she ate a very hearty dinner, as she is accustomed to do, an I ier'earel in the same excellent good heal th which she has enjoyed f some time past. Her Majesty, accompanied by the Princesses, left the Palace about 4 o'clock, to return to Windsor. When they arrived at Hammersmith the Queen found herself taken suddenly unwell with, as we understand, a spasm in the stomach, which increased to such a degree when they arrived at Turnham-green, that the Princesses found it necessary to stop the car riage. Hee Majesty unglued, and was conducted by her Royal and alil. , et-onate daughters to a house close to the spot, t Ile inhabitants 6f which ren red very prompt ly every assistance aria attention. Mrs. Charlotte Beckendortf, the Mistress of the Rob -, and Miss Seek endortf, her Majesty's principal dresser, were follow ing shortly after the Queen and Princesses carriage from the Queen's Palace on their was to Windsor, to attend her Majesty Oblierviin , the RUyal carriage had stopped, and that a number of persona had collected round a house, in which the} were informed hat the Queen and' Princesses were, they alighted films% :My carriage and o eat into the house with all-% possible speed, to the assistance of the Queen. In a short time after, her Majes• y finding herself much bett,..• • . .2roft her earring , again, accompanied by the -Pfl nd proceeded t Few Pal6ce. where they , ,were recd,. Mrs. Toostall, the hous2keelk•r, who made the f) cen and Princesses son e tea. which very much refreshed her Majesty, and she tian , 4l herself Roya party thenorws-itled in their ca. t.• in sor, sere they arri , . , • l at half ca 7 e'e ock We ar c :la , • • say the Queen-reported that she found et:;.ets from the suddc3; ani viokut Mack which ahe had experienced. 8U