The Statesman. — London, England, 1820-08-03 00:00:00

TRIAL FOR A PUI.IIIc.II, 1.1111. K. W ARWICK NISI PRIUS COL RT. At.Gi..T I. Before CHIEF esao,, RICHARDS. Rad a Special Jury. THE KING r. J. H. ORANDIS. Mr. itaaor.a opened the pleadings. This was se d ictuirnt charging the defendants with unlawfully .riting and publishing a certain scandalous sad sedi tious libel of and concerning the government of Nis and the employment of the King's troops, and of ansi concerning his Royal Highness the Regent, the 20th day of December last, in the parish of irmingbam. Mr. CLARKE stated the case.—He expatiated, at •onsideruhle length, on various extracts from the ibel (which svere afterwards read in evidence), sad described the whole matter of the publication to be, the highest degree, libellous and seditious. lie ri diculed, in very pointed terms, the folly und presump tion of persons, in the low and obscure sphere of the defendant. setting themselves np as the censors of Ivernment, the reformers of our venerable Consti .ion, and the advisers of their Prince. When he had ? roved the publieatiun, he had no doubt that the Jury mould find such s verdict as would satisfy the justice the case—a verdict of Guilty—against the de fundant. The libel, which was entitled " An Address to the . lioforniers of Birmingham and its neighbourhood," gas then put in. The CHIEF-Hams inquired, whether the defendant lilted the whole of the publication to he read ? The defendant answered in the negative. The Clerk then read the following extracts : " Fellow Couutrynteu,—A crisis is fast approach lg. which, to use the memorable expression of the cele trrted Paine, will try men's souls : it is ts crisis herein the patriotism of all will be put to the severest and which must fair ever decide the fate of our .tive land ; it is a crisis big with events of the greatest importance, not only to this, hot to every ,ucceeding generation ; for upon the issue depends Phether Englishmen are to enjoy the blessings of iherty. anti their country be great and free, which iron, the excellency of its climate, its soil and re sources, they had a right to expect ; or whether they ail aubuiit to a military despotism, accompanied ith all the horrors of starvation and servitude. Look tit, situation of unfortunate Ireland, groaning under i • iron rod of sointary oppression ; think of the: Imberless privations and persecutions experienced! lit ill-fated country: and figure to yourselves! (our own situation, got erned by a similar system of 3jostice and barbarity. We have already experienced, in the murder Of tr countrymen 'at Manchester, and the shameful of justice N the injured, what we have to es poct from the clemeucy of our rulers, when their will v4;,ersedes that of the law. That never-to-be-forgotten .ent is a tolerable fair specimen of the manner le 'Lich we shall he treated if they are starred to suc ceed in their nefarious warfare against our rights : I say, should they succeed In this hitt crusade against you, slavery, more ignominious than even Kontiars. still be your lot. Rouse then front your I:mhargic s;ernber, and make every exertion that is to thwart she ansehleations of your gyre's- Aura ; trust to some but yourselves ; leer fitteendra• dent, and your efforts notisteltinsately be crowned with cess. The moment is now arrived when it is abso ur -ly necessary that every Englishman wipe values t...' prosperity and welfare of his country AIM be at post. • • • • • " In oar wire the petty satrap. of despotism have scd are still Ilia/ every exertion in their pow'er to atcomylish their villainous designs; but I hope the ties conduct of the people of Birmingham will expose them to that contempt they merit. Every effort, both stir and unfair, has been wade by the sleek-headed trite to get up what they call a loyal, but what I , houid designate a lying declaration, as it is well mown that numbers of individuals have been threat ened with the loss of their employment, and conse inently the means of existence. if they refused to sign ; while ia another instance it is reported that names leave been allied to this previous document without .en asking the consent of the persons whose signe t-Ire had this been shamefully Lirged ; and this is to be 'resulted as the petition and sentiments of the ropie of Birminghans—although I feel conviaced, were the inhabitants of this town assembled together express their real opinions upon the substance of tie said declaration. they 'meld copy the example set them by a late 'obis lord. and pronounce it as false • hell. Now I would leave it to any impartial person to decide who are the greatest traitors to their Prince—those who would address him is the basest language of truth, and point oat to him the precarious F. Gillum in which he stands, anti t stollen his opine pursuing those neenanree which can only sod is his owe rein c those wipe .weald represent to Moo the real situation of the country, and thereby en able Ws to escape, before it ir too late, the danger with which he is threatened; or those who would, by perverting facts. only stimulate him to. persist in that career. which must either end is a nstional convulsion, es reduce the country to the lowest ebb of political tie gsodadso (in either of which alternatives he must be ern the victim). I think It needs not much penetra tie" to decide which of these two is his real friend ; as/ was the Prince is possession of the least /mere- Sty. he would know. bow to appreciate the honesty of his people. Bet, else! the eat 0 royalty is deaf to the jost•complaists of an oppressed main ; serresaded Ipf every luxury the smutty can produce, the misery 0 millions Is hrgesks. " It hos bees throalemd, by mos of the scribes in the pay of corruption, that if we are sot perfectly riot, and submit ourselves to be fleeced by the rotes, without suriturisg, a foreign foics will be I'd:s ensed Is compel us. I say, los slim mime i and oaresd be the iised• that would set grasp the sweep lot Mei te free his country from Tzsion t Oeold es bused for their and whoa, 1111 k bout of their dssceat from the illustrious and .kidoeetel Ilempdes, Bidet!, tad other celebrator poWiob. mach to a bead if foreign .era Gold oese Womb to have the maim( Ark hod ostry &venial by mocha, kind • V I, i 1 i , B f • intl a ri tint kta .. and ..* on . Sir ti / , COO 1 libo 1 des in I din *e.: tf tint del, i ' etot I: tuti Pro not of • fins 4 ' , '4 i Hol was 1 Nis ' 'I int • itr.e wit , I test nat Kre I flit' I wh I lihi I fro , 4. SUU III.:1 li • 1 . wit at l i a , 01 I.) yot I i 11 I au; P • 4 eirt VOL fee 1 i ) ri t • 1 ail Kg • IA . 11 Pei ior 4 !Ml+ lut t.. , ki _ h'.l . • -i t . I am • a fi t r e i ).• the I ti tri' - • f v Ait . .• 'ln i - . I qu it ; ha e .1 tie o' be • I V VII:" to • . di tbo ! a* i Pe' thi • I be pet hal V la , bit . abl wi Ps' csi N . . r EN oil te. . . •A bil ilk • id 0 di • : IP ::. wi al 1111 . 4a .1 c s iirl Iti V i Jo 1' . r a . ! 4 1 ( ' ' *. \ THE STATESMAN. to rut down with their swords the ,princilirs of lie berth ? Could Engilslienets bear to see their wives, their daughters, and themselves insulted by a feroci ous soldiery ? No, Ood forbid it ! and Britons forbid it too! Let ns, like the brave Spartans at Thermopile, jump into the breach, resolving to save our country, or perish in the attempt ; for, better would it be to send our lives in the !! hirio its struggle, than live the slaves of cowardly despot 4, who would even disgrace the savage hordes of Africa. I feel convinced that nothing would please the fiends of loyalty better than to see an army of bloodhounds massacreing the re ' formers. How they would leap in ecstacy e k t the sight. Evening the butchering of Shout twenty pour liailirals at lancliester was to them a subject of ge neral exultation ; but how would that joy increase If as many thousands cool I be sacrificed to their lava tiahle appetites. But t hope that courage, which is the characteristic of Britain's Isle, will not forsake it on the present occasion ; for all the fortitude we are in possesiou of will be wanted in that contest which the madness of tour oppressors seems likely to bring upon us: at all events, the approaching crisis will be very dif ferent from what the people of this country have ever before experienced ; it will, if they act with firmness, be one of the greatest changes that ever occurred in Britain : it will not be, as it heretofore has been under similar, circumstahees, merely a change of men, while the state corruptions were suffered not only to exist, but to 'spread their luxuriant branches over every part of our civil and religious institutions—it will not be a displacing one family to put in its place another equally as bad; but a general alteration of the system, a victory of the whole people over a monarchical des- potism, a cruel aristocracy, and a buroughnsungering oligarchy. itritons, slumber no loneert 4 • To be happy 'lewd be free— " To be free you must be united. • "Too long has discord raged amongst you: it is that whirls has been the bane of Britain t it is that whirl; has enabled your enemies to rivet on your ema ciated limbs the iron chain of slavery ; and it is dire curd alone that can enable them to continue their ty rannic away. titmice, then, as you value every thing that is dear to Englishmen, and unite ; for, if you do not, depend upon it you will become an easy prey to your oppressors, who, like Satan of old, go prowling through the land, seeking whom they ran devour. It always has been the favourite maxim cf tyrants to di vide and conquer ; and, alas too nitro have we seen that hellish plan attended with success. Bat let us hope that on the present uerasion the enemies of Rag laud will be disappoiuted. lot us hope that the im mense mass of political information which has been; distributed within the last 3 years will he the mitsms • of putting you upon your guard against the trithery of your tyrants, and that in the end you will be oblf to treat them in the manner they so richly deserve But, above all, let me impress on your 'triads the Di cessity of immediate onion ; if there wanted a proof of the benefits derived to any cause by union, we hake. only to look to our oppressors themselves, • whom the greatest unanimity prerrails, and by lli Vin of which they are able to pick your pockets at the very time you are deprecating their villainies. By this one example you stray im able to appreciate the elects •.f salty. What maid of men perform' were damned? Bat were that nailter gether in oar amuses cense, with one sentiment Ot I brating through the *bole. I would ask, what avoid I be able toresist theni i Consider, then, that in England, i Ireland, and Scotland, the number of reformers is es- 1 tituated at four tins-s the, shun amount; which body. i notthi they act in unixon, might bid defiance to all the tyrants in the world cotnbined." T. J. Vale, a printer at Birmingham, deposed that the defendant had employed Lint to print the libel sent forth in the indictment. He struck oN 600 copies; 100 were sent to the lodgings of the defend ant ; and, by his dirertion, 100 were delivered at the, room of a society called " The Union Society of Bir mingham." The defendant was present when the copies were delivered. Two ymang men proved that they had purchased the address at the defendant's I wigisgs. . Tl.c case fur the prosecution being closed, the de. fendant who managed his own cause, was called ou Air his defence. He commenced his address to the Jury by observing upon the length of time during which this prosecution bad been held is terrereta oter his head. The first proceedings which had been instituted against him commenced in December last; anti he had then been held to bail, in order to secure his attendance at the ensuing quarter-sessions of the peace, at which he was informed that the present issue would be tried.— On his appearance at those sessions he was laftstrened that the case had been removed by a writ of certiorari into the Court of King's Bench, and would therefore not be tried before the justices of the county. No fur ther proceedings were taken against him till the 11th of February, token he received notice to plead. Ali asipi neglected. however, to put in any plea, partlifrean, ignorance, and partly ,from not having, the pessesiary resources necessary to do so. He could assure thahry that his neglect to plead did not arise from any . on his part to evade the pursuits of justice; ea tip , contrary, he was ready, if he had committed as 0f..1 fence, to submit to soy puni. humid which the laws el his country might iollict upon him. As he did nek' bear of any further steps being taken against him is Easter Term, be supposed that judgment had gone bp default; and it was not till his apprehension on the flit of June that he was informed of the contrary. Slate AM period he had bees I. custody. On the 241 of July he so. mired a copy d the indictment found against him. alias notice to prepare for his trial at the ensuing wisps. Being himself' d alary 1111611811 the Iheak, would k preaeat fit that in► fitted upon him, were they to give a verdict in favour of the prosecutor. He had one observation to make to them with regard to the indictment, which he con ceived to he of some importance. The indictment charged him with baring written the pamphlet, which had given rise to this prosecution, for the purpose of inciting the liege subjects of his Majesty to rebellion. Now he took that opportunity of informing them, that he had never hid the slightest wish to seduce any of his Majesty's subjects from their allegiance ; and he was ready to make oath, if such an oath were deemed necessary, that no idea of that nature had ever entered into his imagination. As a proof of this as sertion, he begged leave to acquaint them, that assoon as he learned that the tendency of his pamphlet was considered to be injurious, and that this prosecution had been instituted against him in consequence of it. he had stopped and prohibited i s further circulation. They were now appointed to decide whether the publish ing it he had or had not been guilty of an offence: to their decision he looked forward with respect, not un miegleil with anxiety; for upon it would depend whether he was to continue for a still longer period im mured in a prison, or whether he was to be restored to his wife, his frirails, his family, and to what was as dem to him as life—he meant his liberty. He hoped find, in forming their opinion upon his case, they would lay aside all local prejudices—all party feel ings they ought not to be biassed by any such un lengthy passions, bat ought, by virtue of tbelr osiths,, to do their duty fairly and impartially, and without reanect to persons, between himself and the King—his nominal prosecutor. With these observations he should leave his case in their hands : he placed in them the fullest confidence : he knew that they were the great bulwark which the constitution had provided for the defence of the weak against the assaults of the powerful; and from that knowledge, and from a con viction of his own innocence, which he hoped to transfer to their minds, he gladly threw himself upon them tor protection. Chief-Heron Rica tans then proceeded to sum up I the evidence; after which he informed the jury that they were the judges whether this publication was or • was not a libel. At the same time he should not be performiug his duty, if he did not, in the execution of his office of judge, state to them his opinion upon its nature and tendency. In order to gibe them an op portunity of deriding whether his opinion was correct or not, he should read the whole of the libel to them, as by so doing they would be more enabled to see the ,hearings and understand the insinuations which had Wren made in the extracts already read to them. The I learned judge then read the whole of the publication, and in the course of it stated that it was his conscien tious opinion that it was a most virulent and atrocious libel. The Jury then returned, without a moment's hesi• taboo, a verdict of Guilty against the prisow.r. On the Judge informing the defendant that Pen truce would not be paused upon him at that time, but that he would be brought up during the next Term before t►e Court of King's Bench to receive judg ment, asked, whether he sot be The defendant , might **leveed to go at large ape* bail until that time; to which, it we understood the reply of the Judge cor als*, it was answered that he weld mot. The de. SCOTLAND. (FROM TOR RAINUFRGR COURAMT4 111011 TREASON. Ave, Juirr 411, !Silk—The Court was opened here to-day, for the purpose of arraigning the prisoners, against whom true bilk charging high treason were formerly found hy the Grand Jury. The Judges pre sent were The Lord Justice Clerk and Lord Chief' Baron. The list of the Urand Jury was called over,' and the following prisoners were placed at the bar : From the parish of Mauchline, John 'Sickle and Hugh Wallace; and from the parish of Strirarton, Andrew Wyllie and Thomas Mackay. These prisoners respectively pleaded Not °silty, and demanded to be tried by Sod and their country. Mr. J. P. Went and Mr. Sandford were, at the re-i just of the prieoners, assigned ns their counsel, in plies of the, geutlesnes formerly suggested. It was Intimated from the Beach that the trials in this place would commence on Wednesday the 9th of August. There appeared for the prosecution---tine Crowe Doaasel, and Mr. Arnott as *grata •. Mr. linkmen Hillock set oat roo Dumbarton on his return to baglaud. The Court sits for trials on Tuesday at Psisley, sad l on Friday at Stirling. The Lord Advocate, with that distiardshed for hearanre and hataaani:y whirl he has es-UMW is the conduct of the late prostration., has liberated, with out bringing to trial, the seem penises hes Greenock, wkaaWure confined in Dunakartea Castle ea a thugs .4 Odin( in the breaking open of the jail of tirsearielt, oa tha If th of April last. When g to the , there on ' } by the crowd . pod forward " i thdased, what yea 1.- A quarrel Pdtte-rrew, ,1111 _ loatasis were separated: by 'tbs poikbrealpis SI.. was as dreadfully ban Vat ha dist Wig sew Ow- Ws that sissoes i lle le asi dal Messrs. WAS? 411111411X1NOSIP airs rite* tapestry from risk of Wary. them ;ill a rgififtbalen Ina, Raisharess i ellerr Oa erfaki l or tempormy walsetwitieg reaching al Thursday, they were taseseliskik way Via ... 44kt art allbetad by the passing a rowd is the street, mad MO 61111 I . to ablik seats. The frosts and in high spirits, eartided . lo Hail, and 01 '1 sessolo gliter 414 "L l ba __ 1 2 1 I " God bless and prosper yew heenen; ger: a . eavert - wg ' a hare dose for the.. pet hays the day.", armed with the Ape dermatitis. of I mil took place os Is *eh mad at the gallmha. there will I ow, which ended in 6=lo ' aim to ensble the lards to proceed to saalber of pietas mew. Wed map i ' 11 kip atm* bets stated that se Is ch aaisaosity sad Asersesdes. 41111 miar 1 kspaVeii te siebellitypecallar arram . _. . .. 1' -. - - 1;;;Ii . 110 - i iii i ring himself le prises. a es etc • all paws- ire saderstaad that aalareetigatima kaleighe mum Eli I bet, that the elides *anise iithirtilf, sry resources. he had net been able to wake sack pre- Of this unfortunate affray is wow , tens tbsii radials seceismust :Wm Tepid art. Vele. rations for his defence as be might otherwise have wane of the parties have a - with each adsorb MAI beleb. 4 ' at ;be trailed, howesur. that "Itch a deicing of la the C4llOl Asetviesa ship. Nal a/ond at wrim: tied *solar% al 'brit 'a rens weaW set excite say prejudice Naiad Me la roma fain Malladoiphi o , spoon s, of dirty p».' wa w a , eaamoder& sad - , naiads of his Jury, bat weak! he easisidered ws vs Mused best. vi bad aaolgobal la the ' lir Ilhitipaaa - iitissbres_ . ,sissi ea; sot se mach ids fault as ids wisfartune. lisalosimst a short thaw age. They ask ti at Mak L lifsbiliNl• is Usiies-1041.1.1 m add ebeene. frees this statute's of fasts. that ' elegem lid Wei rtiirk. win be tee UPPIN • :- .eat prosecatlio had Was isopeadiag ere, his vary graa4 piroppod o& of the • *AK )44.14. That 4.6 tar g• r the last eight swath , s sad he could assure tkes. Orton haverioneart into as .r. , .., . . at the anxiety sad ver.aiioe whieb bad heeo maid at is fem. Aaaamosse Awoke pilaw ; iii • - al " ageteaus tome rlignagigagerk . Ler la s t r i : his naiad daring that protracted period a . pose Was,* Iphi a cki si . la alit i t_____.:A• als ' ili ' d iadatislaa, bad heti Malady mart turasaspi:4 l.6B lllo:t....i, ;4, egampab e -181 ' 4 ' ebsisio *IA* aspr7- . ; at that way rsigaissisi ceidi b• *MA talOt hi • ink a vdatitia phi • sehila- 4 • 4 . 1 / 1 4 6 , 1914 * • , . I • . , , gt . id` as .. 4 ... , • • ?I • • . ' n ith a costly chain and seals, in the con rm. of last it e ,t. The watch was picked up by a pour Highlaud w.0 r , 14 _ who immediately carried it to the keeper of 'hp 1 ,„ 11 , ?. room, requesting that person to discover and zit, i t to the few/ [es who had lost it. The lady t o 0 4„," 4 watch belonged gave the poor woman a guinea, IRELAND. COMMERCIAL ReLter.—The following notice bi t been issued from the Office of the Couinsissioaers ap. pointed under the Act Ist Deo. 4th, cap. 39, f ur t k e assistance of Trade and Manufactures in Ireland, dated No. 37, Sackrille-street, lhtbtin , jai l . i t ,. 1820 " The Securities required by the Act of ParLatium to be given fur money, to be mil cured thereunder a te a Bond or Bonds with his Majesty, with or !tithes: surety or sureties, in double the anionnt 61 the sin fr quires' ; but in ease a surety or sureties shall not jilt in such Bond or Bonds, then that a deposit of pi s must be made and that no sum can be lent on such Bond or Deposit to a greater amount than in the pro. portion of £5O per cent. in case of minafact ur q goods, or of eq) per cent. or unmanufactured ps is . on the value of such goods."—(WoterArd Mirror.) CARRICa-om-Sutn.—Colonel Bagwell ►as re cr i m i an official communication ftorn Uovernment, ism," to his application supporting a Memorial from ti, Merchants of Carrick-on-Suir, informing o ut Carrick is henrefortia, f one year eirstsinc to %, opened to all the principles of a Sea Port, fot A t e t . portation of corn, butter, pork, Ire., and that datum ( that period this measure shall be found nut to r t . judiee the Revenue, the Regulation will be made pi" aliment. We need nut expatiate upon the advaMaro of this circumstance to the trading interest, and mo i that to the agricultural interest also of the roomy ; nor upon the activity and perseverance with which, e t all uctaaions, Colonel Bagwell is alive to his public duties.—(Clowncel Herald.) CITY UM •PID Jrav .—The first Cele called wages ism from the Court of King's Bench, on a criminal bd..e. 'nation, at the suit of [Jr. Ryan, of this cite, spier Jolts Despard, Esq., sou of Francis Itespard, of I D & gap, Req., for addressing langnaxe to the Doctor to provoke bim to fight a dad ; and the words in the de. 'Aeration ,hail reference to the case of the late 11114 am Despard, Rag. the eldest brother of the defendant, who died about two years ago, after a long and painful netts. The only witness called (except E. Morph., Esq. who was present when the parties met at the time, laid in the declaration, but, suppssisi it was a professional interview, bad walked en aid beard no part of the conversation,) was the plalutit—After a short deliberation, oceasiored by a nelelake in the is sue, Foreman proportions the The and verdict was takra ?Ifni, that the Lessor of plated - 1r redid not show s possessory right, several thin by lease and othenvisi being sow outstanding, and Becowd, that a Deed of partition ander the opera tion of which the Lessor of Plaintiff claimed is heir► ship, was not, in all important requisites, a legal se verance of that joint-tenanty which, if undisturbed; mast diseatitle the Plaintiff, he. The ease was origiaally eatertsined is Chancery; and an ejectment was permitted to be Weight, es of favour to the Minor, for the purport of 'Waste'' , obtaining a legal decision on the objected pilaff.— (Kid/rens, Papers.) HOUSE OF LORDS. • The works here are rapidly proceeding, and it is ; l a = that it will be really for the *Wag of the by to-marrow or flaturday,neft, when as es ' llNtitimber of workmen will be introduced to complete thi &mks with rapidity. The gradsally raised door tiff am which the Peers' benches are pineeik ea ea* Id. a the House, in an oblong directive. is being fik elMttd en an improved plan ; bat the seam will held etted according to the previous more. The lamer meth and Sank( of the galleries air being prvpsffilr is a yard near the Hoes*. They wilt he so constia: ed sad eapperted. ea to be wholly indepeadent dtY walks the.beatibing of the aides of the removal or damage of any portion of the taped*. will tbss be retidimid mmecesaary. To guard dIIP sl be bark-hearde sieve lb, his* sad reminder of the glarli. ken IPosk, markt thrill. le the Home. At , be a llght I. tkeit seta. _ eke* k. leettliceliel billia.6olll neabe:_. e 11611416 it say 1001. iirellreartre askillerml epee below* 1114 OIP 11110 lir • w. e --dirt ithlrirs*# 1 c r it • don 611 ap. ind, t 4 mitt are Iwt pro. :red or.s, red Irr rite tut tid ev. flu ( with ItY 4h the Jury returned a verdict of Gtilty, which the eman handed in, with the following latercessiea: n account of the youth, inexperience, sad octant racier of the defendant, we strongly refiebeeid to the merciful consideration of the Court sl g's Bench." The young gentleman will be light up forjudgraent in the court, next term. Ile ejectment case of Thomas Harly Kanalp,a or, by his guardians William flatly and Themes )ugh, against Pitt sad Co. and Simpson sad Ca. idon bankers, was then entered on. The ((Restive rraced some law plash upon whirls alone it was :minable, the principal facts having bee■ useus sod, and a verikt was 'titan, under tine direete . o GT I.earnelf ?tare, titralar - sevialadlltrifetatehi portions of several deseminatioas of laud, WILL demise. the points relied upon and reserved fee tbe Meant. ter the ulterior consideration of which the istselli ilict was taken as a foundation, are two : "On Mm