The Statesman. — London, England, 1820-03-24 00:00:00

TRIAL SIR FRANCIS RURDETT. LICWISTia. MAN( 11 3. .'t Sic o'rlock in the Menling the body of the Court was filled. and so great was the public-Curiosity upon this occasion, that as early as seee• o'clock the Castle was crowded beyond all preredent—every little nook and corner was tilled with ladies of the est rank and fashion, waiting wit!, the greatest anxiety tor the trial to rommence: and the small space allotte d for the Reporters, tibial was MI 11311111111:Irly portioned 1 apart for the Gentlemen connected with the press, by the I:older-Sheriff. Ur. Iturbitlxe, that the eagerm.ss to procure seats was infringed upon. Loud shouts annotimed the aptiroacls of Sir Francis " Burdett to the l'irstle— he was accompanied by a Icientl. ill. shook hands with several gentlemen round the Conn *Alias' table. Serjeant Vaughan bowed on coming into Court to Sir Francis, which was returned by the Ba ronet. The brand Jury-room, a sort of gallery, whirls looks over the Court, was reserved, And each Juryman hail taro tickets allotted him. Lord lloLert Mannert is the foreman, and wee present, in which we were also in formed was Lady :Soaks, the mother of Lady Byron. The latter eletrant (sonata was expected. anti alio the Ikchess of Itutlani. !Cr George liobertson, M. P. for Northampton. also aeceral county Magistrates were pre sent. Sir William Walker. Knight. made when the Prince went to lielvoir Castle; Lady Elisabeth Norman also Lord Denlaigh. Lady Palk, (away CAV ,. , EST Zvi% the lion. Mr. Curzon, fir John Palmer, Dart.; s:r. Kirk, M. P. for the county of Leicester. Mr. Justice MST haying taken his sea an the Beath, the follewing were chosen as the .ynry:— Edward Farnham. of tot. Henry tireen, of Haldane, Eng. Thomas Wright. of Lebbenhi...i. Esq. John Mayeoela, of Crosston. Esq. Henry U. Volesnan. of Cooney. b:sq. Valentine (been, of bior t oont on H e ath. Esq. Frederick William Wollaston. of Moulton, Esq Clement Winstaoley, of hrtinstoo, Esq. Francis Forrester. of Moronity. Eng. John Adams, of Loatlngstone„ Esq. JanieoPiekering Onj of West Lassibton, Esq. John (loiislacre, of I . ."ll.sthorpe. Esq. Mr. Baton. read the inilia Non, which we gave in THE. STATsini.ts vesterlay ; and the address ref Sie.E. Burdett to the Hiroo; s of Westroinnter, which formed the subject of the indictment. '1 he Learned l'onnsed that the information contained other fount., laying the charge in a differeut manner. Mr. blerjetiit VAt74IHAN then add . J the Jury. lk said, he rose in ohedience to the duty whirl' bail been cask :Ton, as Counsel for the Crown, to call their aura thin to the writing whirls had hero published by the dcfewhant, as stated by his Learned Friend. Consider ing with whom this prosecution originated, and against snoop,, it teas levelled, he was nut surprired that it had exeltosi the curiosity asol interest which appeared in the Coast, 'A great Law-officer of the Crown Lad th.:ug lit it tietressary to bring before a ,Incy of his country a gen rienian of an accieut family , of great fortune, and of Alden/lid talents, sad who was now, he bell:-red, the fa vourite candidate for sepresunting in Parliament one of the principal title, in the empire. If it were necesanry oil ital. ortlsion to employ either subtlety of I%mile:it to conflate theirs, or elooptence to porsuaile thew, that the eliarge. against the defengant was true, anal that it was an act o r high sedition, lie .1 lel regret very touch That the task had not fallen into other hands but he felt petteadetilhat lie had a straight-forward course to rime, and that they lsaJ a plain . and easy duty to din ehaege. The only points for thew to tonaider•were, tvhs, her Sir Frencis Borden were the author or pnlr lislxr this Poet ; and if so, whether it bore the %esti tious anal libellwes character whirl. the Information ills voted to it. Ile took it for piloted, that there would be' lot scfor a: to the publication of the letter, as the de kodant had forrneilyaeknowlislgeol Wound(' to tie the nu• thor edit, and tin doubt he moth{ again admit that fart to day. 'Fhe only Int-silo.] Was. whether it were or n-ne not a libel, and of this they were the proper judges : for what ever opinion ;night have been formerly entertained re %prelim tht province of Julien on qua-owns of this hind. there *WI 'now no doubt on the noihjert ; he was happy that the law in rJ us of libel had lwen settled, and that a Jary. load now 14.11 rawer give deliverance to a de fendant; if thelv considered him entitled to it. With re spect to the trios libel, it dill not appear to him that there at as.any . thing inynterious or difficult in it. He hart nu hesitation in saying, and he wished it to be no ticed as'his opinion; that any Writing that was published with the intention of bringing the tioyerianent of the country into hatred anal contempt was A ; and ' schen tie vaid that, he said it without any apprehension of lowing contradicted by the intelligence that sat at the bench. The information charged, that the defend-' 41 a, b e i Nh r an ill.4lisported perion, and intending to ranite his Majesty's sithjeeta, an.. particularly the aohliern, to sedition, and wishing and ip7ending to have it be lieved that certain troops of the King killed Pertain sub jells of the King.. did poblish the letter in .pient' . Tiny, most therefore try this question—whether there aras this intention to excite hatred and contempt of the Government, anti to ex.-ite the vilifiers agtinst it. With respeet to motives, we could only jialge of 'hem by the acts or declamations of emu ; and tutting that ride. eras not newharitlble to suppose that the writer of this letter meant that which appeared on this face of this infitEmation. if they thought it was his intention t., is shako:l4os was charged against hint, it wee their duty to hneigiut guilty, Every man was stipposeik. to be ac qoainted with tlah efiriktotroeso-of Ms own now, owl for hisotwa act he malt be responsible. The letter related to certain tramtOtliotio rit•lllaiselsester, whirls were tom node, digs atsison in another county. They were tut stow to make qp their min`als whether the• ineeting sat Man chester on the 16th of Atigust was a legal or an illegal meeting ; but no reasonable man, I.e thought, road{ gay that ,it was ant an illegal reeetiug. He admitted the right of the subject tfi petitioh ; it was, as it ha 1 been proprrl railed, the birth-right of an Englishman; and he •hotild IH! one 4( tin' last' to intr. fere with that right. . it and restrictions were iiiipmetl on it. they must lie 11,Sfrillfil to those Min brought great Itmilen of people together, to the terror of the neighbourhood in which they asetesohle.l. Evervutan had the right to petition the King, or either Ikon. of Parliament; lost then, every man hail weans! to him the right of personal liberty and Prtmulai properly; and those who met to petition liathiut ri,,lit to meet in such manner, and in socks mow hers, as iv toteite terror; if they dill inert wider such rircuitotawen, and were too strong for the civil tooter to ripress them, they constituted an ilteyal weetilo!. hot if the meeting of the Iti.h of Aulost butt beeis a le gal assetialtly,, anal hawk horn illegally dispersed, anal if the soldier-awl dimwitted those escrows and cr o..l.ie s th at wet r C harged against turns, a person waei not josti• Owl in writing inch a letter a s the our in /pest ion. 11 0 ea this, 4. t. Wit& it not, a libel upon the Gortettnneant end tsar wadies, ,The truth at the libel .waatao artsoxer.to atiy inch terror. Ile catiseenow to the knew itself.: It tint 'writ-sten he addressed to theitlectora of ,WOOtwiesster, and Was at rifle's 01144.11 the hest information irtieft 'thy 4letendent received ,of the ir.oloartiona at Alaucheater: The first 11.1‘Page W.V. as fs.:!OWS:--" mt . rea•le.l4 the iirwsparct this 'meriting., hat is, entrtsttlintt: e.lo nor . 1 I i 4 1 i ! s. a 1 . i i l'—ocr.i.y • wr • • • . A s .• • I AA A) • - 't . ~.._ 4 THE IigATESMAN. ibslignation. at tie acc . onnt of the hkal spilt at Man. chi-Pelee! Now, what slid the defeuslunt meat) by these words? • By shame cud indjgnation,:he (tile I.V.srm.sl 'Medi:int); understood,' that the write} meant to s,sy, shame and indignation atrainst the authors, KA grief for the siaerers. Now. if the authors should turn put: to he the I invernment, he would ash, had not those feelings in the writer a tendency to ex rite the same ferlitiv. its the reader? The next passage itt,tfte letter was—•• This, then, is' the answer of the bosou . ghniongers to the petitioning people! This is the prsekial,Prossf of onr :4:sailing in no need of reform! Scw the pra.Mirat Islviositign of our glorious borsitsglimoi.gcr domination." I;y these expressious he imputed to Nit Burdett that he wean: to slesiguate the timoviment by the odious name of hurouglonougers. lie said the blood split at 31mielirstel is the answer of the borouglinsosigers to the petitioning people: in other that . • trittod. the sanseabeista imagist follow, and the same-0 , - 1164:064 hr the glowtitailen ? Why we, the trial of the seven Wallops introduced ? It must he front a similarity ataitstatioti, end front an expectation of the name re sult. It he (the Learned Serjeant) had lived at that time, he should have shouted too. Bot it was import; sit to consider the eireemstances of that case. The se ems Bishopt were ordered to read a declare:jou for liber ty of cense-Once, and they thought they could not do it, a% it was Anatolia in a dower arrogated by the Crown, of dispensing with all laws relating to Catholics aod • leisst nters. They submitted that such a power was ills and they entreated his Majesty to forbear from or dering this declaration to be read throughout their dio ceses. lint whet was the way in which they made this protest It was lir a petition to the King, written by the Archbishop of eamerintry himself (fur he would not trust it *Tiro t., his secretary), an,' it was presented to the W. •••• wide . st bciur :ted hr enyoth..i person. words, that %risen the people trete quiitlY and legally as :scudded, this was the answer of the Ilimicrmitetit. The defendaet said. " This is isracheal proof of our stand ing in no need of reform—these are the practical bless iugs," ilsc.; by %filch he ilitended to say, these are the aecursed fruits. The next sentence was this—" This i.s the use sof a standing. army in time of race. It secauS our fathers Were not such Gels some would make its belieee, insopposingthersiablislistsent ing hint N illians's Item le lin:ask the cottntty. Yet, would to Heaven that they had been ihsteltuteu, or thritaers. or Ilessians, so: Hanoi erhurs, or :toy 'Meg ra ther than P.:ugh:Amens who have alone such deeds! What, kill men unarmed: unresisting!—and; great:nit Cud, women too--distignred, maimed, cut down, and trampled upon by ilea tis!" This gas the strain in et which the letter proceresi : an lit tansthe tilirious that by thus sraking let a stanch so. , army in a time of peace, Ise in tended to lon ngodi nue sus die invernossent Oldie:tenni Serie:slit) hail no objes•tion to a jealsousc ac lit kel ping up a standiag army; but Ile alai lialet it lair tee oulterte here, that what was intend..l to lee imputed to the tioveitinlettt was, " a standing army in the tittle of peace, and then an ahtt'se of that standing army." By .3.1 i hog Dittchtuen, ke., he meant thnt the fransactison at Manchester re deeted disgrace un II•11111• of au Englishman. •• What! kW torn unarusell. What Colihl that mean Why, that the at my who had fought so bravely .abroad, hail waoot•ss.ly suit et aril; destroyed the people here. Their character abroad abuuid have aff, spied them a shield at hums.. Gallantry and humanity alit avi Went together; whiie eowan'ic. and erunlty carte illil'proble companions. Tlierefote a reflection of this kind on the character of the soldiery was I dielliated to e•Arite the wor s t milder.. ens 011 the people. Then rain. the pas sage "Is this England this a S haristian land: a land frerolsclll IV this the eh:fetid:int meant to eav, this is not tier laud or ,oar forefathers. this is Engiatni dege nerated: it is cwt England mules the 1 Kristian reli gion, hut Et.glastsl in barbarous and ons fed times ; It is not the land yf fro ellsono, but the lathl in which the Mill of British liberty has 3et her evrt. The let• ter then asked, 11101 ail ela a he', and puss us do like a slimmer cloud totalsrittleil: Forbid it every drop of English blood it. every vein that sloes not iyuclaini its owner bastard. ' These were• the expressiousths:y were here upon the sperstiont whether molt la tigKege eisiCtllAte.l tee excite *edition mod hatred in the breasts Ike people. Had it not a natutal tendency to escitt them to resistance? The defendant then asked, " Will the Gentletm it of England support or wink at sm•lt pro cresliogs? They have a great Oak - , in their el .:tufty. They. hold great emsates, acid thry ate heund in ditty and in honour to consider them as retaining/I les? on the part of their entintry for upholding its tiyleta and liber ties. Surely they will at length awake, and find they lore other 'both.- to perfs,rm, besides fattetsille, hnlwcks baol' !planting eahh,sges.•' Thin was intended as a ri-prita of the English gentlemen for their supineness, bet be conceived, moot ill-fonn4rd and unjust. let employed its the cultivation of their estates, they were Employed bens tidally her the loughs.; for he had always beard, that a man who esossld mat. two voids:ices grow where utslt t.nr grew before, MI, a t nwhi I mentlier of societe. Boat what slid this tinter say = They never can stand tainslv Ivy As loot,ers-on,ivlsi blswelyNeroes rip ern their tisettlier,' might he at first etiainwal ; but it was evident, by Hoe subsequent passage, that the 'kleinlaut meats! the Go. u•rtunent i.f the esosintry; hoe he. said, •• The:. (the gen tlemen) must joist the geheral voice, !madly its mantling instice awl redness. mud head public meetings through mit the United Kingdom, to pm stop, at its roots nietscement, ill 3 reign of terror and of blood. ' Taking the whole of these passages together, was it not clear that the Government iva • intended, :still that the writer Meant to say that the reign of tenor and of blood had eonntitneed it. this country?? It meant that nothing resembled these transactions iu history, that the writer could find nothing like them but tier reign of Nero. whom historians depicted tee ha W. the murderer of his mother. If the Jury believed that this was the ronsuiencement of a reign of terror and of blood, would any man doubt that it "could hare the effect uf es siting haired and contempt of the Government it was ennipering the reign of ens to the reign ofterror which was now said to exist. As 141 heading publics 'refines tee express these feelinee, was their no law for the re dress of these cruelties and exocesses of the soldiery? A ratan was nut to tun shown the character of persons ens played Icy the-Government, lont he might turn public arceser, take the King's name, an:l proseente theme— Meeting* had been holden in consequence of this eery paper. Should it her eminent, that t• trots should. he made agent trasesartions that might lw the subject oftejral inquiry: This wa- tee every prim -title ok taw and justice. but the letter went on %left, the penalts of our meeting will be death by military Eifoom ti iiii , ( !.now nut; but !Isis I know, that a :swat cats 'die beet mire, and never hettre than in eipsficitpos fali• *am am! iiisertis , s of his e"at"ery."laid strind ft tip? tend to excite sedition in the minds of .his Majes . e's tub ; , jerts ? It said we are living stitcher nal-teal : it was an insinuation that io hen pm-sidle were la tv AIN assembled, they were to have the military moots them; or at meant,llris will resist the .sollien, n`ltieh was a 111111'11 !drunter rtiores•ittu. It meant, we had better die at once by resistance, dens stiffer such tyranny he Is. Vie . reillell lever sis. The writer then said. " Esense this hasty aildress; I can scarcely tell n•hat I have written. •It may be a libel, or the Attorsory-lietteral clay call it su—just as he pleases." Now let it be ob served, there was math:kilt of deliberation ;Ikn this to inalure the writer to Isisevo•ll whether it might might nut be a libel. There could, therefore, be ho es ense for the lo Isle in which it teas said to be Written.— The Yositriliviilea passages of the letter art•re these— .. u•N e .„ du. s •lti•short were tried for a lihel, the isratv of ;fames It, then eneampesl un fur supportitig arhitrary power. r ave' three cheers on hearing of their as•spittaf. The' 'King startled at the a‘kel. • What's that'' • Nothing, Mir,' was the • but Ilse oldiers "hunting at the • • ataiwer ; .fil. _ mob. 41,r as'ituittal Atigt, ao IP.tiiips, • the•Jitlarra o r the seven lii,borr." Ih* ye rail that nothing; : gave •4:eieripiaion that there wa, no proof of the yeti replied the mi,eiving tyrant, and shortly eller Ai- thin to the Kiirg liarin; been pithli,liett itt the county di r ,, t , 4 l lb,. zt i v er Immo% :rig tent, Jame. , eon] I not of 11h1.1113e-c, locil towel Siituierlan•l proved that be inflict the tor; o re s iol 1115 Milt 11114! rittail mi• tehe m e fleets bad prem.:o(.l if to the King on behalf of the Bish o ps. from their lit *mg Wises aRh a ea tit'. ninotail , t— N o w, he mil 'Heil that there was no proof as to what cionntT The lett e r wit% writt en i n. F at tiseu , could iiiit'llar them alive! • lle this A, may, our ditty to to .nicrt...ami .'.Eitelantl.r‘perts rv.47 pia* t 410411 , ir the letter. tas pnt into 4 poiii-os.fiee in the county j m t ,— Nur, wh.ft waa,the Lay. natural , aid Tidal' of Leicester. it wtia ISO ptihncatioll iii that count!, bi .,,,i i,.( 1 . ,TM et.* ivorio - Ife *A 'Lit Tree , trAinesr. e,isoio tt taa% tint iltioteW to any owe three; nor arap it tnrfitractithi , , Mo. to like the Mishits wirit of the werit: a !tr patilir A ti on iit At, until it , e ,i v it f i . i , tin, place r .... . writer ue:: , . 1. , :., .„..., 4 1 4 . , . 1 , 41 : i i ... 4 .,,-, 3 / .. ni its iii , einei. 3. !i•• I!". • !i. il 1 ., •!...,: •—,... •.. h e, r• i i..tt 1 II it ! 00. he the ,slug witinis;, ji : inspect ,y This, however, front the character of thiMonartle, and l Mr. PHILIP* followed on ti's same side. the spirit of those about him, was construed into a libel. I Mr. Baru.' es alms woks an to the •tititilicatiothal Tent They were tried on that charge; and were acquitted. - 1 , length, who asserted the rase of the s e ven ii,,,,..... It was obvious, then, Abet there was not the slightest I to hr decisive in point of law, and titer' the oin ti i„,,:',4 analogy between that ease, rthilh the writer of this let-' the Judges upon Hut case, saying, that pre , mitatien a i ter had introduCtol, and the present circumstances.' Ail th e pu bli ca ti on would not do, and en%v proof rout' .Ph. that :he introiluctiun of that historical fart could illeilll stantiate the crime ; and he felt confident there es. is,, was, that his actrittal might lead to ••imilar cutlass- proof of a imitlieatiiin in Leice s te ; • s hi re ., w it that ;6 guessers among the vilifiers. It was impossible that any publication °comet' in Middlesex. reanonalde titan could read this letter, and say that it Mr. Justice K K NT.-I Ain of stpihion, that the def eat ,. was not ealeniated to inflame the soldiers. Ile • said ant may set aside the verdiet, if ma...setts! ; but the rase that •• James 11. could not inflict the torture on his sol- ef the seven 'Bishops was, rather against the defenders. sliera - -...r0n1il not fear floe livingfleeh trout their bents with : si r F u % N ei ' It t • utrr i t n . e - m !tti n it e tl i n se nt ir e g n ed ot ie lli t e ve Ji t i t r :76w i tit a cat-o=ninedalls•-conill not day theM alite - -by whirls fore he rose to address the m, „ • , , he speantdhat the noldiers of the present day lived under . •• . greater Opreurty than in the reign aJaturs the Serous'. s Ins thahks to the Ledruesl Iteolentan fur the tharviet Was this, ow not, • the language of excitement: . Was it .he lead given of him, which rattier traded tsi it:valid*, not intruded to make the soldiers believe that they were the rharge against'him. Ile s'ositil4l not be per sou d ; : but, an to rt..qi •iu informations, he shins's' ratter 5 .,..%k ...‘ cruelly treated, and their rendition ought to be asn,e liorated? This was this' libel. It . was• for the jury so , , l►• say, under the e ireni us taiires. w h et h er t h e d etret h" of the art, than the person 1.1111110.,:l agAil.it hilse. I. was gstilty or not. lir hail nut read to them •or two I stood in a pexnliar sitratioe : awl, even in the mind et passages Duly, niMOll whirl, a greater stress might he the .In Ige. it appeared rather a great thou'it whether Its had a right tobe ' there at all. Ths Jury were calks' laid; lie has read . the whole of the letter. %stow pa ,- sage% were exprenniol iii such termn, llial 110 one wonlil to d t citle twins a 14:1; and nothing , was pre. has* instituted a prosecution against the writer ; lint "I others were so violent, and taking the whirls: of it to- ""'r•ls in An English t.."'-trt of J 11 • 4 :•••' lad the gethrr, it appeared to him to he : ,a.•highly seditious, . innocence of a person hefore his trial. New, is that if the great Law officers of the Crown. who bral in-. regard to the I. 'Ger, lis• toalsl nut revelled, o w any of his servahls, whether it was putt into any p os h stiletto' this prset:Wien, hail failed to notice it.theyttould hare been guilty of a great dereliction ofduty. ttideed, the writer hail thrown out a challenge to the AL-lien. to pro- itqwc• If an Mrs nee hail heroeiiii . ni;loil. it was is s'esnitor and it' he had nut prosecuted the defendant fur Westminster. This power of filing (•••al•io ittformari,, a; . tlsiefitelilication, it might have been said, that, In tit age had always been ilinctitutetiatived by the al.lebt art.loo i . ; Eke this, when, unfortunately, so many persons were' 6 ,,, iit this ki itzt i,„„ . m y Lord 'me hal said tiey brought before the tribmials of their emintry fur libel- • o rut hr • . , 'holdi 1 • susta in e d; an.' it the tiii.e of the Itposls. libel ling the Government, the hutnble and ig entrant were el sited with the pettaisies of the lawn, while the rich and tint), tits: House a cninsium%, limier Sir fieurgetelir. ettli7litetted were 0111f.'reti to esaape n ith imptinii,-. It resolutions were titi.ile to take this honer awn, aiul it appeared to bins, nposs the ennatrurtion sit this fetter. was taken away : but the name of the Attorney..leered 1 had not 'wen mentiotted. It was a 'slier; v.iiklt mart whether they took the whole or the general spirit of the writing, that thee :nest infer the *editions intention , "'trust a ths• writer. in ratty fusion, he Would osii v -4y, to De "'" an!' man 'xii" was Leaking on: for es e that •no man had a greater respect than iiiiiincif ittments, amt tst lochs his fortune, Ito;., a slipper? ,i• for the Illserly Of :be press. It was a great blessing teation; and even in the Life of Lord Munn, ft (tad 11,11 in. itss•lf, as it tench sl to improve the human mind; asserted, that it was a rot•k on which non had side. : Ina when ultimo', it became a great curse ; and tin- • tturc.ey-lietseral wail net an offiver of tint Crow- le.: the arm of the law was strong euettgli to pat down Ti m e A i nits•la libels. a 4 lie considered the present to he, the eon- be Was the creature ant! tool— • • a I neirietsrea . lomat be most iwrnirions to the interest • Here the Jenne said, lie cotild not saffer*ay high offiger a the Crew* tF he attatiteilL-A anil,..Sir Vtairsis • and. welfare of :swiety. A man might write what he ' ; plea •NI, hut he wrote subject to iti•ing called before a• i. , . • • • • . • , sturnett, you 1101 V that as we ll as any man" Jii.y of his comm.,. who were the hest rennors of the 1 rre,„ hi) worts l ' hecetiady the guardians a the law ; ! Sir FISANCIS RV 11114,TT.-i• ?Illy Carl I ile 4. if hewere • 1 nut suffered to tweeted. he trusted the :feta stesid bee hat , aril lie hoped it would eret lie disposers! its it now was. 'So soinitahly and so lionseneehly was the law administered in mind. If Ca. *Borne's-General vies that Awl eI des in this s c entry, that Ise might apply to it generally that Frown mentioned by the LearnertJedke. he linked Why! beatitifol'lta"ags• in which the peat reciesisotiral writer been made iudependLut of the ('roe-' Lke his Cortlikilp. Pktildeserilwri 0 as • system of justice of which no less „di r e, was i nves a e a• to be used i el i rever a '0 1) , sa d ' could he said, than that " her seat is the bosons of Uod, • ,„,,.s be brought ddh n to"' Ake, *Cie he was aM War her voice the harmony of the world, all thirws in heaven and earth slo bet 'nonage, the meant. I enjoy her pro- q si to 5 ,% 2 bet merely to terse a evity-fogginittir; indite. If ) tertian, the Isiv..ise.4 err fiGt exempted front her power.- tech ntrans• Auhtelidelf from his sluddt'• Vh.l . II 1 40 - 11- 31r. Samuel litsinks was now calls-oh-Ile said he torney-Oi•neral bring his charge is this county. likAili a I lived iit the gran-1, in London. He kisew the defendant; disturbed district, and ender ro restriction of the Ida II id br was as sittaiitsol rids his hand-nviting ; he believes Forn- other ren l on but ferjealtius end politieale i rtatilielalikh the letter. • shown Isi•li to he his hand-writing ; came ts. his hands in Angtist last, throngli the hands c i s; ;m , i!lit be enti•rteiried against him. It 'ass a NSW spas thee a 'mtge. s , him 14111011 he hind been suleratied on this Malted n professional gentleman, 31r. Bickerstalf. The letter ft came in an envehipe; I have ,No! got the envelope, and ila was a libel on the present Jury to obtain a verdict hyoid n o t k now w h et h er it came i. o • time poet. I bed „„pc of a pretence. Its- did tint care for any twelve men of Wet, it sent ti) the paper-. I waited 041 Lord !Adis:ours' on a halevt.r their political opinions might bi: ; and he felt sit the nahjert of the h th•r ; I cannot recollect the day. shred, that he should has ean opportunity of eto arirg split tl, Whose hand-writing was ti l e envelope?-A. It character beftirt• the triad vas finished. 'rite isetiseief is was Ni r Prans•is•.. Allem-% -General were well known ; and it !needle shmil (. What was it ?- A. A desire to publish the !Me: in ros e h is e Ins motives to be good : mad however harsh it NOW the papers. The slate of the latter is August did. I. re- i r eeivell it a• she sir tal , after. Witness being shown e, ea:Waite and commons ense could nut be iinereostapsak swirlier letter. * was asked if it was the band-writing p r. the &Induct of the Attonsey-General. Bat with the lasted Sir Francis ?he sa id hr did no s k no w, li e wa ,, 4 10 ,.. 11 Gentleman who conducted the promvution he could aeligftlk t an envelope, i.thl asked if it was the writing 41 Sir P. when he said any person might understand What a said Is C I Burgett; he said slid nos believe At mum. The letter *as. Now, in fact. it ens nue an English tens tlt MOO. aas plibli ht•li in the British Pens'. Witness sent it to . frdm Libiffes (a littlebook).aad came forth from AM Mins 1 that paper for itisertiots. -It was nut paid for as an ad- soiree, Me Rtar Chamber. No Evglish lawyer etallielhi ' s•ertisentent : lint was left to tlw discretion of the Editors from the worst authorities. It s " of the paper*, whether they chose to insert it or not. it ; and it mai borrowed I lere the letter was remits , / the Clerk a the Court, and curious how it had crept into the Court of king's Bess themes: containing the letter was produce.i. Thu en . IT he had committed keturder, his crime would bedshset relight *as nett read. It way direeted to Lord VC.- but nos, this mods ofprOcreding could only bedermatimet count Milltsiontli, slated Angnst Irni and signed " Fran- slats, protean. Tag real offeace ought, therefore. °IS eis• Harlielt." This letter has been already before the shown : and even before the Resolution. Judge PotreP. l4 piddle;' it Was that in which he acknowledges' Isis britig.. the libel (eight to be proved falke and asalfeiees: sail s the aniline of the letter addressed to the Electors 01 occurred in bait days. rag Ciller Justice Wright Awai t 'Weatnanster. * 1 Mr. IhAllsuf flow S'lNlll:teil to the Court, that. ' uilu a 43 not SO (M bl OUrae, that al ca ll latereloa Awns eras tin close proved which required an ens- Pr""';'• tit Oh, respect to the libel law which he liver. or which could r hefore the Jnry. There doe it to be's? plain, but wide!' he contended a 1 1 . a -eras ins proof of this letter having herr, wine* at Lei- arid merh.lermirred-the military law a.' rertai . • cater. It wan morel - t• protest that Sir Frtnela was seen the libel law. Nu man, acceding to the doctrine of I"' en heriefiacit near liirlor Park en the day of the data of could tell whether he wad writing a Ilbel. Asa preskit iPi. sl,e•teilter; and UP misfit have noir' iniu ...outlier bourfN iiliiiri .. beim so undefined. persons hail been pilloried ii and leive'dropplol the letter in souse putt-ollire there. and afterwards ptersionel, this was Dr. tfirebbrior or • 11140. The bare it riti lig Of a letter seas 110 tillenee; fur there must' be a publication proved by direct evidence: 'Fite man nuts collard t onmisnnicate with hist friends vilorZe was, that he hail enblinhell this letter in the' werthnnt great danger of ceasaniding a libel. Mr. flinno r k ihoi i county of Leireeter, lint It might as well have been who ninn•wrnic in rivesecif the chard' , and that irsi_awbai refill:air' in am other enmity , . •It was quite as dentist- a libel. The patriudsin of the Learned tiestiershoso cut, that he might lien. written the letter in hie study , dr • taken a ride tint, islet fir . Bickerstalf in another county * IK... soi l s! i h us e iof .should im 1 1; sa i t s e su sb p. o . a h t e ed .. w e i , th so tti r ;so l r ed er b s e ; n ee r e di j o 1 so a n d there delivered the letter to hire. Such a thing -al those persons erne all dead and guar. -4A multi he in no war ineunshitent with the facts just given in evidence. There wan no proof that the letter was .I.O lL ete w i- A crime had also been charged against a Per" . lst. pnlili.liesl in the county of Leh:totters and a Jury would! written that the .!sips in which the tr°42l4 _, were . _ t. he perjured if 'they found a nuns guilty of an o ff ence al. were in a dangerosts state. It was true. OW , meld • 0/ li•gliti to he c milted its one rumor,: without proof that hon. bat the Administration heal declared it se MAIM in s 0 6 hyingi t 3 " i s r ‘ . a l r : l s i s til a t i s t a i t i s i a l r i r t i e :n:h t j i o r n e: h t ell such j ii tz u i thisuit awe sot zi t , a of i a n r t g o t; t i or a e u ut ,:u ts . or i o _ o r l i l li x t it h ft t e i h i lt r e! " - and 67 - ... milted to the Bench. as-d; mei. biros- forte. rl It aromas was to be attrwr--- „,„ mo p Mr. Dentstah said there were many cases in p oint, and . om• of them was Ilse very eaaeallnilool to hg Nir. s t • r i,..„ l had luttsttesuPt to justify. s' he suds de P rt " rd" 7 -.4free V - -1 ": 1-48 •it of the Seven ll' ' ' where '' • • -- of a Grand Jt•ry. impartiality wad not h. "eh *Prorre'littir ; bat Isere tits ktteraayt°-6tisSZlll/ Is to l trills:n:11011e lip w( 414tirastkoin7ttbNealairoaritis. 111141.111PollaildriNgt411414' lions only operated on owe side, sod ha sbal011 1116411 : WabiC .11atil.:aspetif id %Tidal a letter. let,ol l how IL may. He hardly knew-bow to deal OW tiff Fwv— "llaPo of me r.r.o.frio. In the Nwliesnionl,l4,Alwi°. General be lett us' t r word fz!ce—ns ff *WIN 114.)'1 w• rc 1..:p0rt14r4: :.:so Iddrirknoi n•-! etiast. To Ativ rn e,-tOter-i'lli:' . Ak)y )it h ave 6..en.liro:laht b e f ore a I arty. shown. th a t th e case in support of is argument. Ile !tnittr,l that S4 F. Jury in ; he tnaintained th a t t l iv fact U pn i b r; c e .a i i t i s o n n ig o ll u t 2. : l l o orn be perl t y might come within the ju ilium of that ( . 01111. Hat it could not be tried utility turisilietion except ehere it was puhlielted. The simple fart of writing th e Was no libel I it WAS 1101 at libel until it was Jelirerv.l. sir Francis might bare , rotiK out as far as (Wiliam, is k it . landshire, which was not far orr, at the time when ii. irri seen riding out on the 2341 of August, and left the io.r there. It was then, in hls opinion, a ease which ‘Oll not go to a Jury. The seven Bishops wrote their p al :. Lion in Surrey, yet tlwi were itat tii %I iu thot mu st f, but in the county in who+ it was delivered to the Ntsx There was no proof of this letter haring Leen ' , e n h. an! human eye in the county of Leicester, unt.l it '„ shown iu Court that day. 'ilierefore there mu cu tt`wf of its having beewwritten or published there. • t ...• /1 . ' , f\ , Waal 4.01, P is " ; 164 $ Sin fill *se itemd m i l IN *go& abatis boroegh. Athos., h.l.dd Ur. Pitt cameo% " l euire br less limeoff, Reform s ; q iod PI I. r I" Cow wol I I aft rid