The National Register. — London, England, 1820-03-27 00:00:00

MIMI P Or alationaf Aitai Our /Una, Comftitution anti U atoll. MONDAY, MARCH 17, 1810. Mr. Samuel Brooks was called, and examined by Mr. Clarke. He stated that he lived at No.IOl, Strand, London. He knew the defendant, and was acquainted ith Ina hand-writing. On being shown the paper in question, be said he believed it to he the hand-writing of the defendant it came to him through the bands of Mr. Bickerstetls, a professional gentleman; it was in an enve lope which hail been mislaid—he hadformerly looked for it, but could not find it ; it was not sealed ; lie did not look at the envelope to are whether it bad a post-mask on it ; lie could not recollect the day he received it ; the mire lope contained no directions to bum, but merely to Mr. Birkeisteili. to pass it to him. When he received it, lie sup posed that it was intended that he should publish it. Ile sent It to several papers, and afterwards saw it in The Aimee, but cold(' not recollect when. The letter was dated the 224 of August, and he believed lie might receive it a (lay or two afterwards. Mr. Tooke,all attorney of London, was then called, and proved the baud-writing of Sir Fa alleia Burdett to the en velope. W. Simpkin, the keeper of the toll-gate, near Kirby, being called, said, that be saw Sir Francis Burdett near the gate on the 2211 of August last. The gate was about 1(M) yards from the house of Sir Francis Burdett. Hr saw him again the billowing day about the same place. This was in the comity of Leicester. The witness having retired from the boa, was recalled, and asked some question% by Sir Francis Burdett. He did not know that Kirby faint was on the borders of se veral counties. He kuew T h at it was in the county of Leicester. Mr. Brooks was railed again, and said, that he had in serted the letter of Sir Francis But dett in several papers. and among others the British Press. This paper was pro duced. When he sear the letter to the newspapers the publication was left to their own discretion. 'they were, not paid for It. (Here this letter was read, and also that addressed to Lord Sidinonth Mr. Sergeant VAUGHAN stated that this was the case on the pat t of the Crown. Mr. l)gaarita then rose, and took a legal objection, because the publication had not been surfleititily proved to have taken place in Leicestershire; lie was supported by Mr. Phillips, but Nir.Justiee BEST over-ruled the ohject ion. adding, how ever, that its 'weight, in case of a verdict of godly, might be argued before the Judges, ou a ;notion to set aside the verdict• Sir Francis Burdett, berme he proceeded to address particularly to the Jury, t Minato It neces sary, in the first place, to return his thanks to the gels drown tt•t.., bad conducted the prma.eritiou on the part of the Croon, for the liaildsonie manlier in which he 113(1 acted; and in any ole.ervations he should have to make respecting ex-officio prosecutions, he begged it to be'sitalerstood that he memo liens to :tinily to the nature of the office, and tint to Milts iduals. Ile shoold, how laser, have been glad, had the Attorney General beet' present himself, as it was always most pleas int to have ilie person with whom one has to contend, face to I Ihe must now obsetae, that be was placed iii a very pe culiar *lunation. It seemed t i be a doitht—a doubt even some measure with his Lordship, wltetl.er be (eight to be standing in that Coma mi the Kevin charge. This would not hare been the case had the charge been iiroiLlit by indictment lu•bire the Grand Jury of the einnity where the public:Mint took place. lie should Melt have been saved many unpleasant circitinsttinces, and the iota would no: hate 'teen required to decide a very 110511,11ni iptestimi of fact. Tim wool(' Hot 11.1%e been the case had he beets tried at IVestiiiiiister, where the offence, if there was any, Was committed. Circtitit- Allier% of a s•ery extraordinary nature had occurred at Nlanchester,on which he felt it to he his d.i to ailar- ss his cons.itutems. Ois thobe eirettnia.ances lie 'Mann a;•erwaxls have occasion to *peak. 'l • he letter lie du - night it his duty to write hail been made the subject .if au ea-officio information; and here he mum obwrt e, titat the power of ex-officio inhumations hail crept into practice in 3 manner contrary to the spirit of the COMB -1.11111111. They huh always been discouitt.avineell by the greatest siatesitieti and the best imiges. Si. F. Winuiris toil and NI r. Justice Hale we:e decilledlt ag.tisst them. 1 lieeause they Yet re couirare to Ma l vin Ciboria :111111 ilie .pint of (tie British laws and coustittit . . The Aiiiirttvy general is called an officer of the Crown, hut he asserted that he was the officer of Adiniiiit‘iratiosi, and • idling else. The learned gentleman who acted there had given various interpretations of parts of the letter, which, if nietint to be tusiaied on, ought, in lairocsa to hull, la have brew explaitted 39 • u d ucs i Hthe iiithrueuuni. The Attorney (;eiteral (he sp..ke of the 11.111 OT 01 the ()dice) Was a neraosi look lila aril fill prilefille l ll. SlleCeVti, he Luigi it Itc its-octl to sssss e the imdionient ol• persona who hail willoe politiral nialiaiiity to er.ittlY the Attorney Goice it was the creature (ii iii. brea h. :hid cat:trial wide the frown oh a lltuist••r, pre.ent was nut• Of the most xaudalnos a bosea of ..t-••thrto ininrinstions that mid ever motored. Ile should it n e eapecual Mat, in COOllllOll filßllt'Ss w o uld 1" heat hate keit bralt.itt before a Grand .Ithy ; tor t a g . otfcio inform.* 1411101.00 M 111101 i 110 l irliteirle be excu,trl, except that of 041)1111:1,41 . 1:1y. lie would 011011 DlAlti,'Ll ~- ~.s' ~.M i No. 1,230 —VoL. XIII.] TRIAL OF SIR FRANCIS BURDETT. LEICESTER, THURSDAY, MARCH 23. This being the day fixed for the trial of Sir Francis Bode', on a charge of libel alleged to he contained in a letter written by the Hon. Baronet, on the 22d Atmust last addressed to the Electors of Westminster, respecting the transaction; at Manchester, the court was crowded to excess at a very early hour. About nine o'clock a loud shout was heard front the multitude without, aml immediately afterwards Sir Francis Burdett appeared in cowl, and took a seat next to the Associate, under the bench. Several of his friends advanced to the table, and paid their compliments to him : among them were Sir George Robinson, Mr. Otway Cave, Mr. Godfrey Nlundav, Mr. Pack, and Mr. Gishorne. Iu ditforott arts of the court wee rerognized Lord R. Manner., Lady Noel (the mother of Lady Byron), and Lady Elizabeth Norman. At 10 o'clock Mr. Justice Best, who is much indisposed, took his seat on the bench. The fol. lowite! i.:,etitlenten were then called and sworn, as a special jury, to try the ease: Edward Farnham. of Qttorndon, Esq. Henry Green, of Holleman, Esq. Thomas Wri'tht, of Lubbenham. Esq. John Haycock, of Crosston and Newbold, Esq. Henry Davte Coleman, of ("Why. Esq. Valentine Green. of Normsnton Heath, Esq. Frederick W. Woollaston, of Shenten. Esq. Clement Winstanley, of Bratinstime, Esq. Francis Forrester, of Somerhy, Esq. John Adams, of Loddington, Esq. James Pickering Ord, of West Langton, Esq. John Goodacre, of Ullesthorpc, Esq. The Counsel for the prosecution were, Mr. Sergeant Vaughan. Mt. Clarke, Mr. Reader, and Mr. Balguy ; for the defendant, NIT . . Denman and Mr. Phillips. Mr. lialguy opened the proceedings. He stated, that this was an inhumation lied by his Majesty's Attorney- General alL3 . lllil the defend int, Ser Francis Burdett, for a libel. The first count charged, that the defendant, being cu person, and intending to excite hatred :Ind contempt of his INlairsty's Government, and particularly among the soldiers of the King, and wishing to have it that certain troops of the King, rim the 16th of A tiutist. 1819, wantonly and cruelly cut down ceri Ain of his Majesty's subjerts, did, on the 2211 of the same month of August, publish a certain The count then set out the libel vertraim, which was in these word: : `• TO THE ELECTORS OF WESTMINSTER. •• Gentlemen,--On reading the newspaper this morning, having arrived hue yesterday evening, I was filled with shame, grief, and indignation at the account of the blood spilt at Man thester. This, then, is the answer of the boroughmongers to the petitioning people—this is the practical moot' of our standing in no need of reform—these the practical blessings of our glorious boroughtnonger domination—this the use of a standing army in time of peace. It seems our fathers were nut such fools as some would make us believe • in opposing the establishment of a stand ing army, and sending King William's flinch Guards out of the country. Yet, would to Heaven they had been Dutchmen. or Switzers, or Hessians, or Hanoverians, or any thing rather than Englishmen, who have done such deeds. What ! kill men un armed, unresisting!—and, gracious God, women mu, disfigured. maimed, cut down. and trampled upon by dragoons ! Is this England ? This a Christian land ? A lateil heet111111? Can such things he, and pass its by like a smuttier cloud unheeded ? Forbid it every drop of I:nglish 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 groat stake in their country. They hold great estates. and they are hound in duty, and in honour, to consider them as retaining tees um the part or their country for upholding its rights anti liberties.— Surely, they will in leiigth awake! and find they have other duties to perform besides fattening bullocks and planting cab. Images. They never can slant! noisily by, as lookers-on, while bloody Nemo% rip open their mothers' wombs ! They must join the general voice, loudly demanding itistice and redress; and head public 'meetings throughout the United Kingdom, to put a stop in its commenceno nt, to a reign of terrier and cut blood. To atherd corecelatiiin. as far as it can he afforded. and legal reiliai , s to the widows tend orphans snd mutilated vielints ofthis unparal leled and barbarons outrage. For this purpose. I propose that a !netting should be called in W estmin der. a hide thee gentlemen of the conoteittee will arrange, and a hose summons I will hold myself in reatliewss to attend. Whether the penalty of our ii citing yin be destle , by military execution. I know not but this I ithOW. a Ulan fall 111 • bell once; and never better, than m vindicating thee laws mid liberties of his country. 66 Excuse this hasty address. I can scarcely tell what I have written. It may be a libi I; or the Attorney-General may call it so--gust as he pleases. Wiwi, the seven bishops were tried for a libel. the Rimy or James H., then encamped on I loonslow-beath. for supporting arhittary power, gave three cheers on hearing of their acquittal: the King startled at the noise, asked • What's that ?' ' Nothing. Sir !' was the answer, • but the soldiers shouting at the acquittal of the seven bishops.' Ho ve call that nothing ?' replied thee misgiving tyrant ; and shortly atter Mali- CUP-1i the government. 'Tis true, James could not inflict the torture on his soidiets lag tear the living lb sh 111411 their bones wide a cat-of nine tails !--coold not flay them alive!-11e the., as it nlity, our duty is to Meet and • Ehgland expiats every man to do has duty P " I remain. Gitalcraen, most truly and faithfully. " Your most Ms dieter servant. •• Kirby-park, Aug. 22, 1818. E. nuitnErr." that the litrOrlllailnit MOM Mined other ciands, laying the charge in a flatlet met man ner. Mr. Sergeant VtectlAty then addressed the Jury at great It ugth. Alter which, z-. tittr+ [P RICE 94.1. refer to lbacissy,te... Froin what that author hail writ ten, the Jury ittialo perceive that he was no friend to ex-officio prosecutions,. and be intimates that they should only be resorted to in cases in the punishment of which a moment's deity would he adangerous. This was the only reason assigned in s tit%tification Inc such a course of proceeding; but, in far', ex.ollicio informa tions caused great delay ; for he sitotil.l have been tried much sooner if he had been proceeded against in the regular dud constitutional way. A quibbling, pettifog. ging course had, however, been adopted. The Jury 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 anneal delay, and brought this trial on in a disturbed district? This was done in the hope that prejudice and hostility to him, arising from misunderstanding of his character and political li.elings, might procure a cone ic tion in this county. The very manner iu which this prosecution was instituted was a libel oil 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. But he cared not, what the design was. When he saw twelve of his countrymen rut into a box to decide upon such a question as this, he was contilent that they would he guided by their duty to their oath, and their feelings of honour. He was sensible that in such a case honest men always left prejudice and passion at the door, and were more upon their guard in their decision, than when they are not placed in such a situation. Those he was now address ing were called upon to decide upon a fact, with respect to witich there is not a shadow of woof. not even of pro bability. He was sure tbat 12 jurymen never could be .petsia iled that lie had acted nit the motives attributed to trim but Mr. At to: nev coold have nothing hut bad mo tives for his conduct. It had been contended that it was extremely easy to distinguish between what was a libel and what was out, that it wasa matter or easy judgment, nail that lie who ran Might read upon such a subject. To him, however, it appeared a question of extreme difficulty. It never was Imagined that the poldication of a mere liii, I, w Ohs en any rut:dines ascribed to it, could constitute an offence. A Ine:1 was its itself nothing: it was the crintinating evidence desigitating the ititeittion, the multm animus with which it was written, that could alone be of any importance. If he had the good fortune, lift so he noun' call it, with reference to his present sination, and the charge which Ire was stow called on to repel, to be accused of murder or burglary, he should know what it was that he had to del. std, lie should then have something tangible to deal with, and understand clearly to what he had to address himself. lit murder, the question distinctly was, whether the act was dime with malice prliense. But he eliallengett the Attorney-General to Lute a de. hisitino of wild was a lama, or to prove that mat ought to be considered a libel in Leicestersuire which he dad not choose to try in 11 estruitister ; where, in point of fact as well es law, the publication took place. The jury were, no doubt, aware. that verdicts of guilty had Been otoaitied in distant parts of the coentry, in cases where the defemlant had been acquitted its the metro polis. Hut the whole system of the law of libel had tieeit hot riiwed from the slavish imperial code, and hod flourished iii full vignllr Under a Stler,.,Sioss of Itoallll ettetwrorA, tat one of %%hien the learned Counsel hid a!ltisit-d. and whose it. -s were .v ttttt ins,stis with iticatitv. In his opinion, the communicatiois .if truth to the otblie must at all times ht ad% mitatzeons. Tiir CiVe of the access Bishops bail tweet alluded to, and in vitriol's respects it Aire a strong applicatteit to the present trial. Judge Powell, out ti at oCCa•toti„ Said, the libel (maid to be 101001 to he lake, wicked, and seditious. Yet those were generally to he colisidesed bad mutes, anal ately succeeded tile ItesolUtioll—JO ellen! OCAS , brought alma( by the thsatioa and oadiana- unt which tile lICSIIILM lons inneeesitals of the Judges had excited. Chief Justice IVrigitt held, shat in support the charge, an ill i:iteittuin ought to be made out. Only one of the judges then thought with the (vatted gentleman. that whatever • I ght the Government into hatred or contempt, was necessarily a kiwi ; and he ITUSteil that no j,.ry would sanction such a principle, eyes' were all the judges to declare its its favour. At V% AS said in the preiatilile to one of the Moues of litgli treasitii, that no man cool,' ~.st betbre state to what that crime consisted, so he ntigitt' 4 4 % ) ' assert that is() man could, while this moue ro ptosecnvink„ . ' was adopted, communicate on a n odemiltit.ts ui in, 4 • countryineu without a iiaitiiity to he brought before . . court of justice Upon this I), isici l 1., wit fever st lit '•-• .bi offensive to :4 Minister of the Crown ko i4ht be vont o .•••• , ~1 into a Ithel, awl Iv: made t.,e sohket ..1 a criminal 'n r.. .. - ). • A ii Mallon, by Inc AllOrtl.t General, m, ~ b t • 111 .4,1 fel ••- j , \ II v4ilitt !Milli only tw rtionled as ;h it e NI. s u•, ,„ s er4ir, .‘V 1 . We` --__, : je.',2 Mr. 5.1,11er3 ittilo.sited ;Oa avlival to hotel; ~t ..c Cot 6 d414 "'" . ..• of Logtin‘l, the Atownev tiro• rid of C.ai i, ,v. J..on, at the re , suulisitoovit tif c o , . r‘, ..t.. o••. 1 - •,' i'. .1 work to he a hbvl. bolero it w . mtl ..i,, , ..r r ~ :,,. .r-lis MS in iiecipirs 1:11.1 'town by ihe le,,rof : .:.1..1..66.411 (Nlf„ fars. , einailialBlol6 see page 1,(X). • 521:5, :4 ^----~~.-- -_ -ai a 9•7,, ~. I . V' ..,~. 1