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pnonscfi:s tar CF::VITAL AIIEI2ICA.' Among the number of Dow States which nave been jute /blinded in Anent& oo the ruins of the old Spanish dominion, the Republic of eleatlenals deserves some notice, If not as the largest yet e n one o f tae finest and richest portions of that east continent. l'h is country uomelsa a distinguished rank among the new American Republics, sad it is not without reason, for, with the exception of Colombia, t w ee i n no ne better governed, or wham progress is more regoiar mad kri impeded by a spirit of opposition, or where the actual suits of things has been introduced and established with lei COW. wotion and more humanity. 'fhe tine:est kingdom of Guatlmhis (at present the Republic of the united provinces of Central Amerika) comprehends that narrow part of Ameriat situated between 'Chimps, on the river Tabesco, and the isthmus of Panama. It extends from 82 to 93 degrees west iengitude from Greenwich, and teem the 11th to the 17:h degree north latitude; making its Wirth 11 degrees, or 22 Spanish leagues, which is at the rate of le to a degree, cerreepoeding therefore, to 290 English geographical leagues. The two extremes sic on the aide of Maxie o, Chien„ and on the Colombia:3 frontier Leithlal. Its breadth is nine leagues Trail the most southern boundaries of Costa.Riest to the most nor:hern of th c ',enlace of ! cei e ea, and the distance from one sea to another is at the broadest ! pit leo leagues, and 00 at the narrowest. It i s bounded oti the ' l n - e n by the province of Oaxac., in Alexim, to the north-west by that of Vecatan, bellongieg 10 the same State ; to the north by the Xosntle ocean ; to the Muth-east by the province of Veragnats, in Colombia; and to the south and south-west by the Pacific Ocean. ! So that her coast on the Atlantic extends from a little above the t i e , / Chaxal, in the bay of Honduras, to the Escudo de Veraguas. and en the Pacific from the bar of Tanabe in the province of tiocoousco,as far as the mouth of the river lloruca, in the provloce arose* Rica. This country is so fertile that it produces a vest quantity of ex cellent fruit of different sortis, even upon the mountains where their eultum is neglected.. The lowers are neither less numerous or esteem. The harvests are so productive that they generally yield a bombed for one, and sometimes, in cettein parts, five hundred fin one, and that generally two or three times in the year. The isterior of the earth also abounds in mines of gold, silver, iron, I Ind. and other minerals. There were formerly voice:ones. which omertoned great ravages, but the greater part scent to have burnt out. Earthquakes however are frequent. The population of the city of Ottatirucila at present amounts to 30,400 seed% In 1/95 it wan only 23 , 434. That of the whole con federation is 1,800.000. In 1771, according to a eensuk made by tan of the King of Spain. the inttehitants amounted to 797,21,4. This large increase in the last 47 ?can has been particularly re markable. The colonies of Old Spain declared their independence. The war which has been the consequence of this greet poiitical resolution not haying, very fortunately, extended to the proetnces e(Ouatimale. has singularly favoured the growth of the pnpula tion, and Viet has not b-ee a little aided by the greater 'celerity fie commerce than in any other part of Amerce, desolated by the ! Wage, of war, which has also occasioned emigrations from :hose oeuntres to this. Them has never been more than a few dnys dieturbence in; Cleatimala, and that wan at Grenada, in the month of September. let year. Active measures were pursued with the factious. and &her tro or three actions, in which al persons lost their lives, older was re-established, and since then the greatest tranquillity los reigned throughout the Republic. There had been before that some movements directed against the authority of itnrbide, but they had been without any result ; and it was not till 31mi:to deli. Morel/ constituted herself a Republic that Guatimala formally de clared herself independent. It is remarkable that. the Mexicans did not in the least oppose this act, which might strlatly hare been regarded ss a blow at the integrity of the 11exinin territory. The lievernment, on the contrary, showed a kind of eagerness to ac keewledge their independer.ce. The Guatimaliare are generally humane, generous, and affable i inwards strangers. They are particularly rematkable for their ths cretion : for when a secret is confided to them, they would rather kat their life thin betray it. Unfertunately they have hitherto nints.l to those good qualities cowardice, week nese. indolelee, su- I perstition, and an irresistible inclinatton for !einem?* liquors. I Their superstition has sensibly decreased within these few years, I tied the new political institutions which they ha ve a d o p te d w ill no dcsbt raise io their character that ettergy which they want. Before the revolution fiestimala was divided into efteen pro. nieces. At rement the confederation is composed of seven states cooly ; their names are Chiapa, Cesta-Rica, Nicaragua, Honduras. So Salvador. Guatimala, and Quesaltenango. These states arc divided into districts or denattments, and each has its Constitution, its Legislature, its armed force, and particular Government. Their polities! organisation is entirely modelled after that of Meeico. sho adopted It from the (limed States of Western America. it is reedy the same with the Federal Constitution, the substance of wese molt important articles is as follows :. " The sovereignty belongs essentially nod radically to the nation, 10.3 is bound to protect, by means of wise and just laws, the rights et man sad of citizens. " The religion of the n.'ttiott is, and shall for ever he, the Cstho. le Apostolic Roman Religion. "hit nation adopts as the form of its Governments Represents. The intema tic % independent, an po d- trei e n (l s er a h r t e iv f e re ß e, ePubri and sovereign rates, in all that relates . to the administiation an ti government of tie interior. The particular constitution of each of these state' inn be established upon the principles of the present general con. retetion, and they shall not establish any thing that may be op. prmre to it. " The supreme power of the confederation is divided into legit. Mier power, eircutiveTewer, and judicial power; there powers are separated for ever, and it never shall be possible for them to be tatted in one single person or corporation. "Tbe legislative power, under the name of General Coneress,re sides In a Chamber of Representatives, and a Senate, the h 1 embers alibied' shall be appointed by the citizens of the states. The num. bad Representatives from each state shall be in proportion :o its rpt!ation. Indepenticnt of this, however, each state shall appoint ton Ser.at " it exclusively belongs to the executive power to make laws or de mu to maintain the minuet independence of the states of the con. fterstMn, and to preserve the federal union.' to regulate and pro tect the liberty of the press, to declare war according to the me • yes yen by the exemtive power, to sanction treaties of peace, of ani ses, of confederation, or of armed neutrality, he. e The SupretneExecutive Power shall be confideellto ore or more edividuals named by the Legislaturee ofelie Stem. Its ditties lean be to cause the laws to be carried into effect. to appoint or dismiss the Secretaries of State, the °Meer, of the General ad ministration, Ike. It shall dispose of the force armed for the de. tree and security of the Confederation, without, 'however, being We to employ the soldiers out of the States to which they belong. eitheethaving been authorised by the General Coagrese. It shall appoint the officers of both the land and sea service ; and also with lbesprobation of the Senate all Ambassadors and.Coneuls. It shall carry on the repel:none with foreign powers, but it shall i no:be tele to proclaim any treaty whatever, without the ratifies-I tifle of the General Cengrees. It shall he able once only to object i to tile laws 'unposed by the General elongate, within ten Mit a ! Ater the official proposal of them, and to suspend their elevation until Cengreas have deliberated upon the objections. It shall give net decrees and ordinances for theexerution of the constitution and I NONE KENT ASSIZESTra . riaToxt, JULY 28. Before the Lord Chief Ju•Nce BEST and a Special Jury. KIWO v. ABRAHAM CONSTARLI,MSQ. lb • This was an indictment for a misdemeanor, The Indictmeet stated that the defendant, as nue of the Justices of the Peace for the enmity of Ker,t, having no regard to justice or to the duty Of hi. office, but unlaweully intending to aggrieve and opp•eas one John Baker, and to expose him to ;gnome , . shame, anneal, and disgrace, oe the 30th July, 1822, without any reasonable or pen liable cause, and under mere colour and pretence of his office, die sign a warrant directed to the keeper of the !louse of Correction, at hlaidstone, reciting th at h e ( B a k er) h a d b een d u l y conv i cte d before him (defendant) by the oath of Joseph Abbott and Thomas Ferguson, of being t rogue and vagabond, to wit, for indecorentsty conducting himself, and that he (defendant) had for his maid offence, adjudges' him (Baker) to be imprisoned and kept to hard labour foe three month., and by the sail warrant did command the said keeper to detain him for the tern therein ppecifiee ; whereas, in troth and lin fact, the said J. Baker had not, at the time of the signing of ibis i said warrant, been duly convicted by the oath of the persona therein namol, or by the oath of any other onions, but on the eon. teary,siefendant had signed the raid warrant without s e ei ng the said I J. afar, and without giving him an eeportunity of making his de fence, or of examining the witnesses to the said supposed offence, /to There were other count,, varying the charge in paniculars not necessary to mention. Tire last count was for false imprison. trent. iiii Thin case excited extraordinary interest, and the Court was crowded to cares The Ml.e was appointed to be tried by a Spe cial Jug' at the instance of the prosecutor. Mr. Gueer co, with whom was Mr. ADet.rtlVS, stated the else for the pro.enition. Ile said it wan essary for hint to draw the most onion+ attention of the Jetty to the case he had to ley before them, after !raving heard that the indictment, which had been opened by Iris Learned Friend, imputed to the defendant the grave offence of having abused hit office of a Magistrate. Every thing connected with the administration of justice was of great import. ante. Its propriety and purity were of vital consideration, when 'Monsen' to the ?tends of the Magistracy of the country. Thom were no duties imposed upon a Magistrate which ought to be morn fairly and honestly die:Merged than the duties which the Jury would find had been east upon this defendant for in the instance in question , the law heel vested in hint the fe arful power; of both Joege and Jury. In hie hand, had been placed tee liberty of a fellow subject, and to his sole determination bad been left the truth of • serious accusation, and of pronouncing upon the guilt or Innocence of the patty charged, and of deciding whether be should or should not he doomed to an ignontinotts and grim nits punishment. The charge against the defendant wan, that fie had abused these powers, by consigning the prosecutor to an infamous and dreadful punishment, without hearing his ac. awn on oath, or giving ;rim an opportunity of making his de. fence. The defendant had long been in the Commission of the Peace. Ile was rut an inexperienced Magistrate, for he (Mr. O.) had for mare! years observed his name cutting a conspicuous figure in the gaol calendars, at the Assizes. Formerly he had been a brewer; but having retired from buseuess, he became a Magistrate, and resided at Lewisham. where he had on office for the transacting of Moines; which came before him for judginent, as a Justice. The prosecutor war • man in a humble Amaden of life, but bore nn ireeproechable character, carrying on business as a greed-grocer as Hertford. He was a married man, and had a family. On the 30th of July, 1822, in passing through Greenwich-park, on husi. nen, he was accosted by a little girl, about nine or ten years of age, who was crying. He was inquiring into the cause of her grief when a couple of loose idle fellows, who appeared to have been lurking about the park. came up and accused him of having misbe haved himeelf tower& the girl. Thepreoecutor would be examined nn oat hem , ' he would declare solemnly that the charge was absolutely false. Whether it tens true or false was, however, • question wholly irrelevant to the present inquiry ; for whether Baker was innocent or guilty, the conduct of Mr. Constable, the Magistrate, wan equally unjustifiable. In vain did Raker protest his innocence ; his accusers charged him in custody of the park-keeper, who was &lea a constable, for the purpose of taking him before a Alegi*. mete. By the provisions of the Vagrant Act, which was then in force, a small reward was given to persons inttrumernal in the ap prehension and conviction of vagrants. Happily that Act was no longer in existence. Its enactments were found to have such a ten dency to produce oppression and injustice, that the Legislature wisely repealed it in a subsequent Session. Indeed, in conse quence of the rewards which it held out, the elagisttacy of the country were almost solely employed in heating charges of ea grapey, many of which were without foundation, and thus innocent persons were often doomed to severe ennishmente on the one hand, whilst enormous expenses were entailed on paddles on the other. The prosecutor was immediately taken to the house of Colonel Foreman, a Magistrate ; but that gentleman being from home, he was then earned to the house of the defendant, who was also from home. but being then spending the day with with Mr. Brown, his nephew. the prisoner was carried to the house of tire latter. The defendant, on being apprised of the nature of the business, ordered the parties to go to the clerk's office at Greenwich. Accordingly the prisoner was taken to Mr. Birk nell's office, when that gentleman a clerk, after taking the depoei. titans made out • commitment, and delivered it to the constable, who Immediately carried it to the defendant for signature. With. out examining any re the witnesses, inquiring into the nature of the charge, or even seeing any of the parties, the defendant forth. ' with signnetbe warrant of commitment. by . which the unfortunate Iprosecutor was doomed to three months ' imprisonment and hard abour. The constable not having immediate means of conveying his primmer to Maidstone, locked him up for the bight in the cage. There he remained until next day, without even the common ne cessaries and conveniences of lodging, until the next morning. It happened, however, that the Maidstone coach was full, and the constable having no mode of removing hint to his destination, he was again returned to the cage to await his passage by the following day's coach. By this time a great stir was raised in the neighbour hood in consequence of this extraordinary proceeding, founded as it ens upon a charge mule by persona whom nobody knew. Four or five of the Constables of Greenwich, who had known Baker to be a man of geed character, anti of perfectly moral habits, waited norm the defendant, and represented bim to be a person in their opinion incapable of the misconduct with which he was chargea, and their conviction that it was a false charge, made by scene elle vagabonds who had imposed upon him. The defendant, upon this representation, sent a messenger to the Magistrate's clerk, ordering him to discharge the prisoner. The desk very naturally said, " I can't discharge him ; he is committed in execution of his sentence, and 1 have no power to discharge him." In the result, the unfortunate man was sent to el aidstnne gaol, and placed on the tread-mill for three months. His wretched wife lied in the interval applied to the defendant, representing the injustice which had been done her husband, and entreating some mitigation of his fate. This application was repeated several times. The defendant promised that bet husband should be liberated. She came down to the Sum. user Mein* 1822, turd then the defendant, who was attending the Court as a Magistrate, affected to pity her situation, and told her else might depend upon his sending her husband home with her. This promise, however, was not performed, and the unhappy man actually underwent three moraine imprisonment and hard labour in the house of correction. It might be asked, why he did rot appeal to, the Quarter Sessions ? The answer was obvious. Hie term of im prisonment would nearly have expired before the Quanta. Sessions arrived, and therefore it would avail him little to appeal against an unjust sentence, which would have been suffered before redress could he afforded. Again, it might be asked, why did he not bring his action, instead of preferring this indictment ? The fact was, that he had btoaght an action, but in consequence of a formal defect in the notice 01' action required by the statute in the case of • Magistrate, he was obliged to discontinue the action, whereby he was compelled by the defendant to pay treble costs, which amounted to 301. It was then too late to bring a fresh action, and thus the prosecutor was defeated of justice in that mode. Indeed, the indi- Renee of his circumstances, ruin having been entailed upon hint by this iniquitous proceeding. he was in no condition to cope with the defendant, a man of wealth and influence. The only remedy left him was to institute the present indictment, which would have been brought to trial at the last Assize,, but for the sudden indisposition of a most material witnses. after eleven of the Jury had been 'morn. Tee charge against the defendant was, that he was guilty of gross negfigence and inattention in the discharge of his duty, thereby a grievous injustice was imposed upon an innocent man. eseed with all the attributes of a Judge and Jury, Inc had blindly doomed a felloveoubject to an lononnnious sentence. in violation of the first I principles of natural Justice, and had committed an offence which amounted to a heinous crime, as respected the character and duty ' of's Magistrate. With the guilt or innocence of the party suffer ing the Jury had nothing to do. Admitting hint to be the most in famous of men, the offence of the defendant could in no degree be lessened by that circumstance. As a Magistrate, he had grossly violated his duty ; and it the Joey were satisfied of his guilt, they were bound to say so by their verdict. Mr. Thomas Agar, Governor of the gaol sod house of correction at Maidstone. produced the commitment, signed by the defendant, slated :10th July, 1822, whereby Baker was adjudged to three ittoetlis* imprisonment and hand labour, under the authority of the statute 3 (leo. IV. LThe commitment was put in and read.)— ' Witness believed the signature" Abraham Constable" to be the ; I defendant's writing, though he never saw him write. Ile fee '; quently acted upon commitments with the like signature. The prosecutor, Baker, 'anal his three months imprisonment and Root number of foreign merchants have already arrived in the darn labour in the house of correction. At that time the tread-mill ' l " t •ine: of Guetimala ; the I imminent having shown an incli- wag not erected in the . prison, but Baker underwent the usual to establish cnnimerciel echelons equally advantageous for ! labour imported on convicted vagabond., such as drawing a truck, • • • • 3 nlis it is not douloed but that this tie h country will Man I breaking stones, and picking oakurn. Sometimes he acted as ere as excellent outlet far European produce, as are already the war lemon. Repaelles of America. John Baker, the pensecutor, was 'put into the box, and by his TSt crisis which hate lust been made in Mexico, for the exeeu.: evidence fully supported the case as opened by his Counsel, Mr. eel the plan which was adopted in the last general Assembly, °money. rem directors to be given to the works fur exploring the Cross-examined—l never saw the three men in my life before. have succeeded beyond the wohes of the most sanguine. ! IVhen the men appeared, I did not run away. It was when I got Loki were before, it is true. less laborious, but the to the Hos p ital gate that one of the men u s e d ex p ress i ons w hi c h . were red u c e d a l most to nes hi ng . Thi s m i g h t stu n t h e . eullected a mob statue me. I had not run a wa y ou t o f t h e p ar k. I ha d gently, and not run ano part of the distance C . l e el an administration winch dried up all the sources of dw on beeween the Oosetvatory and the gate. Ferguso n was the man Moonily and strength ; hut this carelessness would no , who came after ine. The constable was close at hand, when 1 e mall the new order or things, which announces vigour I came out of the park. I was endeavouring to satisfy the mob that energy of youth. the charge was untrue when the constable came up. I did not bee • reeneals of Memo. Enriee end Gambini, veteran , of Lin g o let me go, saying that I would never du any thieg of the lute been partictilerly remarked anti approved al: There kind aa i n , 1- e to coneeqnerne, been some deep drains made in order to let I lie-examined—The acrusation, and my denial, were made in the voter which leo accumula•e,l in the east basins dug in the presence of a great many people. of the mountains ains by she old miners. By this means the! John EgglestonEggleston examined. lam park - keeper , and a constable :of ht leen ahate.oned tor a century, man agrees be 'of Greenwich. John Baker was given into my custody on the 30th and those works by which the first Spaniards drew sachlJuly. I took him to Col. Foreman's, but the Colonel not being at nannes from the mountains of 3feeico, will be resumed. bowie I took him to Mr. Bicknell's office. Mr. Bicknell is clerk "eq thing Inds to the laCet test the Gosernmen; of this so the Justices, I saw Mr. Bicknell, and also his clerk, Mr. -‘• will hasten to provide themselvesves welt suffeient recites 1 , Beane. the clerk took down the depesitions, eVhen that had 'elm • considerable ineritime force by bey leg erzeels in been done. I went to Mr. Constable's house at Lewi s ham. took fleJasi t i ci. lßaker with me, and the men and the girl also went with me, 1 *"fhejutr.cial rower is confided to a Supreme Court. arid m tri butsts which shall he eshiblivbcd in each state. No individual be::: Le Judged except in conft.rmity to the laws, and by the tribu. nth estaLltsbcd before the act, for which he is put on trial, was mete - teeth In conet-quence. all retroactive laws and all Special I4ntr.i . uv tors are rot cv,x forbidden." After the adoption by all the lne. of the Federal Constitution made by the National Assembly, V . e !Immix' Colleges were convened to name the members of the Nitre. and of the Chamber of Representatives, which t wo bodies astra.ltti in General Congress were installed sth (larch hat. Alloy men of education are amongthem t their debate , . do not as Yet pose.: any symptom of opposition, and it is probable that aettnag will for a long time disturb this happy harmony, so neces 11/ la the legislative bodies of rising states. The armed force of the seven ecrnfederated States at this moment sotornt to about 10,9C0 the nary is as yet army ir.cos.siderable ; hot measures are being taken to render it respectable. t:p t o this time the revenue, of each Stale, and those of the fieeral (lover-meat seem to have been equal to meet the expenses. • Ali the public services are supplied only with what is strictly tire ets•ary ; one of the first aliMilliftlitiff principles adopted by the f.rcot legislatures and the executive power of the confe,leratiom • Kommie, without, however, letting any thing be in actual sit.: of money. Hy pursuing this system they were able, In a teiui g moment, to send Bolivar a sum of 300,000 piastres, (about 1 .141101.). in order to -help him to procure what he wanted for the NY* of that army %Net has just given the Spaniards the finish. rit stroke is l'au. The Gustimilians aLo offered at the tame lane; to the Liberator of Colombia and Peru, succours of men, and ~( 1 of ships of war; but his decisive successes hate rendered 't , Inrcesia , s to him to accept this offer, which he lately published x: a suleua occasion. Tee Oorerr.ment has Miniattxm Plenipotentiary at Mexico, and tt! Repiblies of Southern Aitierica. They hate also one (M. j*ie P b eivtas) at the UMW States, who on their part have sent st,e to Guattinale. Englnnil has also a Commissary there, Mr. 14 "*Pion, who Was tlecretary to the Commissary Harvey, at lec:o. kid not And hr. Constable at hap*, but learning that be was it the boon of Mr. Brown, hision.in-iaw, I went there and found him. He was then sitting in the front-parlour. I delivered him up die papers which had been given to me by the Justice's clerk. One Of them was a warrant of cotnnaittinent. He signed them all, ler the bestof my knowledge, ithd Ore them back to me . B a k er i was not brought n, nor were any of the other persons. None of the parties were examined. The prisoner, and the men and girl, were just ontaide in the street. They were never called in. (laving got the papers s ack again, I delivered Baker to the keeper of the watch-house tolock ham up. Cross-exainined.-1 as standing at the bottom of the park be tween two and three o'clock in the afternoon of that day, when I , saw the mole coming alJfif following Baker. 1 did not hear what Ferguson said to him. nor Mid I hear Baker say any thing. At the ; time of the examination. of the two young_ men name d Ferguson ' anal Abbott., he was present, and heard eat they said. After, the commitment was bade out, I took raker down to Mr. Con. amble's. . . Williath Crouch examined.—l am *minable •of Deptford._ Whilst Baker was confined in the watch-honse, four other comas. bk. and myself waittel upon Mr. ConstaWaiond stated to him that we had known Baker a considerable time, and : that he was a man who bore a good ch aracter , as f ar as we knee-Some Qf the officers knew bins a considerably longer time than I did. We went to speak as to his charecter. Mr. Constable then Tegnertil us to go to Mr. Bicknell's office, and desire that the loan should be die. ' charged, if it co* be so. We all went to Mi. Bicknell'. office, j and saw his clerk. Mr. May, to whom we delivered Mr. ecoratableN message. 'Mr. May said it was a commitment in execution, and could not be altered. That was what lie said. Cross-examined.—Baker used to go about with • horse anti cart, and carry goods as a higgler. 1 knew he lived in the town, and carried goods. I always considered him a decent man in his way j of life. Maria Baker examined—l am the wife of John Baker. I re. member his being taken into custody and sent to Maidstone gaol. At that time he had a horse and can, and used to move goods. i timber, bricks, or any other things which he might be emploaed to ; carry. He also had a grcen-grocer's shop, which 1 used to mind, Since that time he has not been able to keep either horse, cart, shop, or house over his head. He has been totally ruined. On the Ist of I August he was taken to Maidstone gaol. I came to Maidstone on the 7th. At that time the Assizes were going on. 1 saw Mr. Con. stable at - the Star Inn in the evening. I petitioned him to release my husband. He told me to be with him to.morrow at eight o'clock, that he should release him, and that I should take my husband home with me, fur lie (Mr. Constable) had never seen him. I called upon him at eight o'clock, scathing to his desire. Ile gave ;me an order to see my husband. lie told me he should go into Court, and that there should not be a stone left unturned but what he would serve me. I saw him again repeatedly during the As. sizes. I saw him on the last evening of the Maize', just before his carriage was ordered to depart. He then told me to meet the Bench of Magistrates at Greenwich, and lie would then see what could be done for me. I saw Mtn no more after that. I addressed the Learned Judge at the Assizes. representing the injustice which had been done my husband ; but the L earne d J u d ge said be could do ' nothing for him. Cross.examined.—l did not afterwards attend the Bench of Jim tires at Greenwich. I stayed is this town, in order to be near my • husband. By the CH yea Jc3TICE.—The reason I have for taping that ; my husband wee totally ruined is, that he was obliged to part with ' his hbrae, cart, and shop, in consequence of being shut up in pd.', son, and 1 wished to be near him to do what I could for him. I • was not able to attend his business. This was the case for the prosecution. Mr. MAIRVAT (with whom was Mr. BoLLAwI) then address. ed the Jury on the part of the defendant. The Ju would observe ; that the indictment did not I m p ute to t h e defen dant any corrupt I or malicious motive in this transaction, and therefore lie was at • ; lass to conceive how this prosecution could be sustained, it appear. 1 login point of fact that tnere hail been a conviction of the prosecu. ' VA. Whether it was an irregular or erroneous conviction was not the question. It was perfectly clear that there could be no inten. Bond ill *ill on the part of the defendant towards the prosecutor, for neither had seen the other in the course of their lives, and con. sequently there was a complete absence of every thing like at malicious motive. On die 22t4 June, 1822, the New Vagrant Act had parsed, and on the3oth July, in the same year, this cont. Ildtenent under that act took place. The Act had so recently come Ifni* operation, that probably its provisions were not generally ' 'been. It was to be observed that there were a greatnuinber of pa. ; oses which required the mere signature of a magistrate without his easerference ministerially or judicially. A charitable view of the' defendant's conduct might fairly justify the presumption that he thought the papers which he was called upon to sign in this in. Hance, were papers of the description to which he (Air. M.) had ' 'shaded. Perhaps the defendant acted indiscreetly and incorrectly not inquiring further into the nature of the papers. He (Mr. je.) had no disinclination to make that admission. It was quite ; leartain, however, that as soon as the error was called to his ; attention, he manifested an anxious desire to set it right, by ordering the man to be liberated if it could be done. But being I Informed by the Magistrate", clerk that it was too late, the war. I rant being a commitment in execution, he could do no more. His 1 subsequent conduct also evinced the same desire to interest himself on the man . * behalf; for, according to the expression• by Mrs. Baker. lie said he would leave no stone unturned I for the purpose of fa using her husband. So much, then, fur the defendant's feeling, temper, and disposition, in the transaction. The question for the consideration of the Court and the Jury I was, whether, in the absence of July imputation of corruption, malice, or ill will, the conviction of Baker regularly drawn up would nest be a complete answer in point of law to this indictment. By the 3d Geo. IV. c. 40, upon which the conviction took place, ales appeal was given to the Sessions to any person aggrieved by goy thing done in pursuance of its provisions. Mr. Baker, how. weer, neglected to appeal. Poverty was suggested as the reason I ' his neglect, and yet he could find means to bring this indict. mat, which was a much more costly proceeding, and go to the mrpense of empanelling a Special Jury. To him (Mr. M.) there &fags were not quite comprehensible. It would be proved that oiler the conviction took place, it was regularly drawn up and transmitted in the usual course of business to the Sessione, which were held in October, 1822. No appeal, however, took place. A quashed conviction, he admitted, would not afford a Justlee of the Peace the same protection as one remaining in force :, but, as already inti. mated, the question was, whether in the el:Renee of all uncorrupt or unworthy . motive, this indictment amid be maintained in the face of a conviction which remained unaffected in point of law. Ile admitted that if' corruption or malice were alleged and proved. the conviction drawn up by the Magistrate would he no tie. fence to an action or indictment for an unlawful imprisonment ; but, in the absence of corruption or malice, he contended I that a conviction, unappealed from, and remaining in force and ' unaffected, would be a complete defence to the action. By , sec. 20, of the 31 George IV. c. 40. in cam of any proceeding' against Justices for any thing done under the Act, in execution of the duties of hie office, by action, models, rule to show cause, indictment, or information, treble costs shall be given them, if the party instituting such proceedings shall fail. And by sec. 23, al l actions, suits, or other proceedings, against Jus. flees, shall he commenced within three calendar months next after the cause of complaint arise; and the Justices may plead the general issue, and give the special matter of defeoce in evidence. Now tkis indictment hail been preferred long subsequent to the expiration of three calendar months : nay, two years bad elapsed before it was instituted; and therefore, contending, as he did, that i the 2351 section must be construed in purr materin with the 20th section, the word " prozeedinge" in the former must be understood to comprehend indictments, which were nientioned in the latter, the prosecution was out of time. and could not be supported. Exclu sively, however, of that dissection, it was material to consider whether the prosecutor, Baker, did experience any imprisonment which he had not deserved; and whether the defendant had really done any substantial injustice towards him. Ilis friend (Mr. 04 had launched thine extraordinary philippics against rogues and I idle v.gabonds supposed to infest Greenwich Park, for the purpose lof seeking whom they could unjustly charge with crime, in order to pat money in their pockets. Nothirg had been proved to justify these obeervetions. Now it was manifest, upon the prosecutor's own showing, that there was something in his conduct on the ma- I sion in question to justify suspicion. But the case could not stop there. lie (Mr. M.) would call the pertons who witnessed his conduct in the Park, and the Jury would judge from their evidence I of the truth or falsehoOd of the charge. The Learned Counsel I entered into a detail of citcunistencest, afterwards proved by the witnesses whom he called. in cosmtlusior, he restni mainly upon the legal effect of the conviction, whkh remained in force, and con. tended that, in poiht of law, it was a complete defence of Mr. Constable, and an answer to the indictment. Before the evidence for the defendant was gone into, Eggleetene„ the consteble, was called up again, and examined j by the Lottb CWIFF J varier.. In addition to his former evi. dente, he said—l took the papers given to me by Mr. Beale to the defendant. I told him that I had the prisoner and the accuser; outside ready to be called in and examined. I told him what the' prisoner was charged with. I delivered the paper, up to him. lie I read them, and signed them. I distinct!) told him the witnesses I were all outside. The following evidence wns produced for the defence. Mr. Thomas Beale, clerk to Mr. Bicknell, the Magistrate's clerk, produced a certified copy of the conviction of John Baker, the original of which had been transmitted to the Clerk of the Peace. The copy of the conviction was then put in and read. It was drawn up in the him: given by the Statute. It stated on the race of it that Raker had been duly convicted by the defendant upon the oath of Abbott and Ferguson, who were sworn before the defendant. _ Cross-examined.—l did not transmit the Conviction to the See- sions. It r. as not my place to do se. The conviction was drawn n up just before the Sessions. The CHIEF JFSTICE interposed, and intimated to the defend. ant's Counsel a doubt whether the conviction, assuming it to be valid, would be an answer to en indictment framed as this was, whatever might be the effect of it in the case of an action. :Br. I<fAnRYAT MI Mr. 1501.1.19 submitted that there was n o sound distinction between a civil and a criminal proceeding against a M agistrate. In each ease his conviction, if rot quashed, must be taken as conclusive evidence of the truth of the matter which it contained, and afford a complete defence. This rule was well established in civil cares. Titer referred to Brittain r. Kin naird, in Mr. J. B. Moore's Reports, S. C. in Brod. and Bing. No objection could be raised as to the time when the conviction was drawn up, because it was well known that a Justice may draw up his conviction at any time. The Loan CHIEF Jrsrlcr admitted the truth of the latter observation, according to decided cues; but lie doubted whether. attending to the frame of this indictment. the prosecutor was not at Itbetty to allow that the defendant had acted altogether illegally.' He was not charged with having done anything In execution of his office. The charge against him was, that, under coLur nod pretence • et his office, to had made out a warrant, reciting that lisker had \did' , , _ 'erit/ence in opposition an the part of die deter Wont. Butt I tool MIS proceeding oa the pan of the peoolClltat eat very excusatehrelar. although the unfortunate man might bare soferesl an unjust pu. abilnueor, which coutd Mt be recalled, yet it mist have boo h source of consolation to hint to 'lnstitute his character frost tili 4.41 stain which bad been bit Upon ft. ~, 'Ale Jury immediately flittfid the de*nda Griffet, WRSTRIIAttrI!CU) it 0..1. - • 21. • DEVONSIittiE ASSI7.r.S, EXETER, JULY Ir. . , i -e.t.a; POI. Erdft.. anti ~; Before Mr. Justice LYTTI.CD4LS. a LOMMOD Jett INDICTMENT FOR LIBEL. .. THE KING v. POLLARD. Mr. RAYLCT opened the pleadings, and stated this was tat ire , dietntent against the defendant, for a Malicious libel on the prose cutor (the Rev. Mr. Lry), contained in several letters which had passed between hint and the defendonft The ft:die-the/at on !!lien the present proceeding was founded had been prektred in the I; Attu of King's Bench, and the defendant pleaded n o t g u tty. Mr. t:. r. WILL IA us Rowed the case to the Jury fit the *rub. tiff, and said his client had b ten compelled to institute the pcatest proceedings in ecnsequence of the libeilaos and malicious "Pe" Monti of the defendant:. earl for the perpose of vindleatidt bit character from the iniputstiont easbupgn it bit the tinwarretstabila and offensive conductor Pollard, the defendant in this acthen. rise prosecutor, who was the father of a large family, and a respetuale clergyman of the Established Church, vies demons of nnalifying i one of hii sons for the medical profession, having previoUsl7 plat t 1 ' two other sons at the University. With this view he ht.P led to Mr. Pollard, the defendant in tills action, who was an cotinch: practitioner or surgery,. residing et Torquay. The necearer la magenta/Ls having been.. entered Ante, Mr . leey's san was aeed li`e ' with, the defendant in t espar.ity of an apprentice. Ile ma o f observe, that the young gentleman had been prepared for liar. pro fession in which it was intended he should engage, by a nzund and liberal Education, and a handsome premium was of comet *ld ei .111 e. P - .4lartl with his newt apprentice; and yet, nrawithet ding ni these favourable circiisr.nces, the defendant had thought it pre to expregitis decided opinion of the youth's unfitness end knetties tip city for theloettistir marked nut for itim, and that with inthetere first fortnight Of the latter'S appfebticeehip, when he cottid bare had but very slight if any grounds for forming such MI cliiniefo• He (Mr. NlTliarna) entertained little dotbethe Jury woOldeto*td the teseelusion that the defendant, had homed a very. Prernatutestbil unfounded opinion upon the subject, and that he, Wail not ittat.tied In representing the plaintiff's sen as incompetent for the profesSibri, and imbecile in character and &Mina'. However, be the fxctai je might, the Jury (such of titern at leaf as were parents) untat.knott ' In what manner sucha piece of intelligence was likely to be received by a father, and how it would operets on hie feelings t Ven if im..• rutted in the loom considerate, mild, and beComing manna.: %But had that been the case in the peer:int iastacC? Plot at aIL „Wad the unpleasant and af fl icting infermatir communicated in a itio to atone foe its unpaletablences ? or had it nut ruttier been Itedglitenea and tendered doubly poignant by the tootle of convert* jt ? Il'hett he told the Jury the latter was the case, add that the asTor Oration was given to the father, not in language metre:reed be &rata by a regard for parental teelinge, but in words and a styis of tome munication the most gross ant! intolerable, they wthild Anil* ho 3 to atipreciate the suffering.' of his client, and (to say the jettitof it) t, c hidecoro ue co n d uct o f the defeedant. tilt Lerirne`d Otntle.- man then proceeded to reed part of the letters thlnt had pissed be tweeh :he plaintiff and defendant on this subject; and in V , / o'. which the alleged libel on whichthe indictment mas fohndell vest contained.] The first letter he aliould reed Was oae eddreeeeti be his client to the defendant, and requitink on his pert, es perfectle eight and reasonable, an explanation of his extraordinary treatmeti of the plaintiff's son. Tire letter was as follows (No. I.) Asitpringlon, June 6,1. BP. " Dear Sir,--It does not becerne nis to use coarse language. not is it agreeable to rpe to be the object of it. You have made en, abundance of general emertinns, reproatetul and unintelligible; b•.: liai't not metal one tact to which I might apply them. You hays praised yourmlf and have abused me. 'This is nut very decoroits. However, I pass it by, and proceed to businate.• You say my son does not suit your and I now perceive that you do not suit my *on. You 4sa• yen. do ;Mt wish to injure him : certainly I should be sorry even io inconeerilence you. You Wilt to settle the business between us amicably ; in this we agree.. ..Under these circumstances, r e t ur n me the p rem ie r e you (lase received, and engage to sign over the indenture to tiny person I may hereafter name, who may suit my con and whom my non may suit. " I make this proposal. because it leads directly to a conclution, end because, if I understand your proposal aright, I could not se cede to it. 'When all is settled, I shall esteem it a favour if you will explain on whet grounds you have founded your objectimui not reproaches, for, to this moment, I ant perfectly ignorant of theta jepecifiz nature. ," I ate, dear Sir, your matt Obedient sertent, . „, " To Wm. Pollard, Lsq." " J. Let 4 In answer to this communication the plaintiff received the fal lowing most unjustihoble and indecorous reply, which formed port of the libel charged in the indictment, and, atter rending the letter, he (Mr. Williams) would put it to the Jury to ray, whether it was net most malicious and offensive in its nature : (No. f 1.% • . ." Torquay, Jane tn, 1824. "Sir,—On receiving your letter a fortnight since, I felt such cone tempt for a person who could be capable (in the first initante)st practising such a gross imposition on toe, and then have t..e Oliva tery to endeavour to persevere in the impoiltiOn at the expense of honour and every good feeling that might have been expected; that I did not choose to answer it. The general expression of your let. ter was insolent, to say the best of it : it e'idently showed you would sacrifice your son, as well as myself, to an urgovCmable ob. ainaey and a mean unmanly spirit, or yob would not leave him Stith me. You are effecting .ignorance on some point; and Asia:* ing others not true. Your eon is a useless ineumbrance to me ‘ and after sour conduct, naturally it's extremely di.agreeable bolt. to Mrs. I'4ollard and myself to have him in the house; sad tha what yen tan he must leave at last, and all forte stratagems-eaß your evasions, can avail no ping as affecting the main point e hence you had better take him away irithoOt further delay. " The qttestion as to whether any or what part of the preiniurd shall be returned to you is a very proper one to be submitted to a reference, because a manifest difference of opinion exists bettreeh Ili on the subject, and as all the declarations of detire to settle this matter arateahly niust be at variance with truth, when it' companied by a refusal to leave the que 4 n t r an honourable it ference, it will be quite useless, unless thin enethod be adopted, to hope fur a fair and honourable termination of a busines s, which; in justice to your son, you ought never to have allotted of itl betel mentioned to any indifferent persons. I shall have no objection ti assign over the indenture to any person, provided there is no coo ceslment of eircuntsteneee. . . . `. I had hoped my ieterview with Mr. James Coinirth Would have Lad the effect of diverting your mind from persevering fa s course which cannot possibly answer any good purpbse. But heat ing nothing from him since has caused me to write to von, ar.4 earnestly as I wish to have it settled, yet if you are kill india:, posed to do so, you will find me as determined ; and whilst I exist l and possess a shilling, I will not submit to such a gross imposition 4 which at first might have admitted of excuse. " I am, Sir, your obedient servant, " Wit. POLLARD." " To the Rev. JeCob Ley, Ashprington." 4 Was this language to be addressed to a father and a clergymati in the situation of the plaintiff .M ? and was r. Pollard juetihabie . the course he had therein adopted ? His client, feeling the tete of the insults and injury intficied, eddressed him as followed t— (No. 3.) le Ashprington, lit July, 1824. "Sir,—l am greatly at a - loss to understand whether the abuarei language with which you honour me be natural to you, or whether it be forced and got up for the occasion, to accomplish come parti cular object which you have in view. For certain, my letter tayv no foundation for it. In that letter, to which I still adhere, Ire. I press my disapprobation of coarse language, decline your prOpcsall reference, and consent to transfer my son to another master on set. tarn statvi teems. I have now to add, that I have co desire fret concealment, but will readily agree with you—whether I eel it} treaty for a master or you in treaty . fur an apprentice —to our correspondence before the party with whom we treat. I' 3 will be reeipieteally candid. On this ground I have acted in For warding cop:en pt' our our 'letters to Mr. Kitson, to whom vela inentional en dingy.- - Y . mailing - 4 ' - !testi . I han unfaiflye -v eat . . been Aly eentriete.), on the oath of curtain perioni ; 'ibexes in truth, as the indictment alleged, he had not been duly convicted on ' the , oath of the persons mentioned. It appeared to him, that it was open to the prosecutor to show that h e h a d nut b een duly convicted ' lAt all events his Lordship thought he shottid ' act impropaly if he stopt such alitosecution as this on the ' ground taken.. " Hod forbid I" said his Lordship with aril. malice, " that his Majesty's objects should any longer hi exposed to ugh proceeding. as this case exhibits." The allegation is, that Baker was nut dole convicted. I think the law 1 has gone as far as it ought to do, and indeed farther then 1 think it should do, with reapect to the privilege of Magistrate* protecting themselves front liability, by convictions drawn u p by themselves , nut I lived an hundred years ago, I certainly should have used my , efforts to discotintenenem su ch a d octr i ne . It has already been ;carried too far. and I shall not carry it farther. Other JedgeS may do as they think proper. will nut stop the proiteution. I shall. however, give Mr. illarryatleiee to move an arreat ofjudgment, if he thinks I have acted erroneously. Joseph Abbott examined. Thy witness's evidence went to in. culate the prosecutor. Thomu Ferguson gave similar testimony. George Chamberlaine, of No. 7. Jeacols-atreet, BeeMondsey, cor-' roborated Abbott's evidence, and gave rosily the smite account of what took place between Baker and the pi in the Park. Examined by the CHIEF JUSTICE—, had one shilling of the money. I don't recollect why I had not more: Teruel) or 30 yards loft - . I was near enough to see all that pastett.lk.g. could not tell whether it was a child or a woman. I did not heaiethe child make any outcry or noise. At first I thou g h t i t was • mars* We did 'not intafere until the man had left her. lithe girl had made a noise we must have heard her. The girl was present at the exa. mination. I did not hear her asked where she lived. The depositions returned to the Sessions along with the while. tion week then put in and read. They purported to be signed by the defendant, and recited in the usual form, that the deponents had been sworn and examined before the defendant. The ordp.de positions returned were those of Abbott and Ferguson. The brat professed to give the words in which the deponent delivered his evidence; and after stating the circumstances which he sweretol have observed in the Park ( which, however, differed in several material particulars from his 'evidence now given) concluded in l i these words, " contrary, to the form of the statute in that case made land provided." The '*position of Ferguson was only to this effect—" that the facts stated by the other deponent are true, to the best of this deponent:a belief." There was no examination of the ' girl returned, net vets there any examination of the witness Channl berlaina This was the can: it the defendant. Mr. GURNEY then addressed the Jury in reply; He had told 1 the Jury in the outset, that the 'question was not whether Baker was or was not guilty of the silence alleged &rim him i , but whether the defendant had acquired a judicial knowledneenf the facts and circeinstances of the case, before he doomed the unfurto. nate man to three months' imprisonment, and hard labour in The house of correction. The guilt of Baker, assuming it to hut hien satisfactorily made out, could be no answer to this indictment. Let that unfortunate person be ever. AO guilty, the conduct of the ' defendant was equally illegal and !mproper. But lie contended with confidence that the story told by thmthree men, who bad lietii examined as to the transaction In tile path, was so inconsistent and improbable as to be wholly unworthy of credit, a hen opposed to the solemn declaration of Baker liiineelf. Jury had fhei opportunity of observing his demeanour, and they would judge • hether his evidence did not oatweigh the testimony of those persons to whom his evidence was opposed. The thing was improbable and incredibl e . A gain, these persons j professed to give the most minute account of what din:Retail seen ; and yet they could not, at the distance of 20 or 30 yards, discern whether die female was • grown *Milan of a child. Thla circurn-1 stance was suff,dent of itself to damn the whole of their evidence. ; But how happened it, that the girl herself, who was the qnly im. lament witness upon Ruch an issue, had not been produced ? She was within the reach of the defendant. and if not, it might have been shown, that unsuccessful steps had been taken to find her. For any thing that appeared, she 'bight now be in the town, and yet she was not called. This abstinence on the oilier side, in not examining her, was another decisive proof of the faleetiood of the charge against this unhappy man. Put leaving the guilt or innocence of Baker out of the question, for it realty had nothing to do with this issue, the real point being whether the defendant, as a Magistrate, sitting as a Judge and a Jury upo.i die tote of an accused man (however guilty), had conducted himself in • manner which could be tolerated in any civilized country go. vented by laws, and regulated by humane institutions. The two fold defence set up by the defendant wan somewhat ciltkous. First, it was said that the indictment was out of time, because three months had Clamed. This was the first time lie (Mr. Gurney) had ever heard of any limitation as to the time within which an indictment must be preferred. Ile remembered •inan of distinguished rank brought to justice twenty one years after the commission of his nefarious crime. The Act of Perna ment upon which his friend relied, contained, it was true, a linii. tation, but was confined solely to civil actions, and did not extend to indictments. That ground of defence, therefore completely failed. The second ground of defence was, that the defendant was protected by the convktion which had been regularly drawn up and returned to the sessions. Ills Learned Friend had attempted to justify, or at least excuse the defendant on the groung of loran. tion and meta misapprehension as to the nature of the papers which he was called upon to sign. Now did this topic square with the second ground of defence? If the defend. apt hail incautiously signed depositions and a warrant of commit. ment, containing • false assertion that the parties had been duly convicted, and that the witnesses had bceh duly ::corn and exa mined, by him, the defendant, with what colour of propriety or decency could he afterwards deliberately draw up • conviction in which he solemnly asserted that he had duly convicted die party, and had duly examined the witnesses on oat h ? Such a proceeding, he asserted, amounted to a forgery t for it was the torgery of a record for his own defence. This was heaping crime upon crime, and an infumous attempt to justify one crime by committing an other. The Learned Counsel animadverted in energetie terms upon the improper practice which had obtained in Mr. Bicknell's Mine. Here the clerk's clerk was the Judge and the Jury—the person to make the commitments, and to deal with the liberty of the King's subject., upon the formal signature of the Justice,. wh . .3 was either too indolent or too dishonest to trouble himself with the important functions of his office. Ile hosed to see the cloy that this most in. iquitous ey 'tern would be effectually checked. It was too mon strous for toleration in a civilised country. Such conduct mule the blood boil with indignation. And yet the defendant now Attempted to shield himself from justice by forging a record, and availing him. self of a protection Intended for the honest Magistracy of the country fairly acting in the discharge of their duty, in order to screen his iniquity. The day would soon arrive, he trusted, when this privilege of onanufacturing convictions to protect the acts of justices, would be taken away. It led to the most serious conse quences, as it affected the honest and upright administration ofjus tice, particularly in times when the magistracy of the country were vested with such large discretionary powers. It was said that the defendant did not act front any corrupt or unworthy motive, and that he had manifested a desire to leave no stone unturned to rescue this unhappy man from an unjust punishment. Did he dew ? The whole case negatived all excuse of that kind. Upon discovering the fatal error into which he had fallen, what was to prevent his apply. ing immediately to the Secretary of State, who would instantly have ordered the man's liberation upon the bare statement of the case? But no, thedefendant had not the manliness to confess his error. On the contrary, he blindly and obstinately persevered in his mis. conduct, and afterwards had the infamy to forge a false convictions in order to shield himself from legal responaibilite. }hippy was he (Mr. (lucency) to say, the commission of the peace was seldom stained by proceedings of tide nature. The Jury, in the dischar g e of their duty, must find the defendant guilty, and the result would be that the commission of the peace would be purged by so HD. worthy a minister of justice, and thereby hold out a luau:ars , ex. ample to the world. In conclusion, be adverted to the insinuations coming from the other side, that the prosecutor could not be so destitute, else he could not find the means of instituting this pro secution, and going to the expense of a Special Jury. Haired, in this country there was a generous spirit of sympathy fur the wrongs and sufferings of the oppressed. To this this unhappy man had flown for protection, and to the generosity of a few humane gentle. men, lie was thus enabled to lay his grievances before the world, and expose the nefarious system to which he had fallen a victim. The LORD Oiler Jeseice, in charging the Jury, observed, that if all good men must feel pain at seeing a person in the dis. tinguished tituatien of a itlasistrate placed in the situation of the present defendant, the sensation was happily counterbalanced by nett there , , -- t with no.. . . . sag . the consolation of rec liming that thougi - were thousands of 1 candour from me. If you desire explanatlon, inform PH in. a Aire to the other, it seldom, very seldom happened, scarcely once in - our di reement. .ou shall me et 1 Magistrates daily admielstering justice, from one end of the em you shall have it. If you are ucere in believing that I ten years. that cases of this nature were brought forward. The us v! finesse, ss nesse, stratagem, or imnositioo, or have tr ea t e d you unft I ken. Learned Judge then directed the attention of the Jury to the pre- I let ate know how, when, and in what, and I sh a ll thi r d ' i t my . a cise nature of the charge upon the record, and to put it to them i to show you that you arc mist whether the charge so hanged was not clearly made out by the eel. I " I ant, Sir, your very h um bl e servant, . . dence. The substance (tithe charge was, that the defendant, beings "J. LIY. • Magistrate, had thought proper to commit a man for three months "To this letter Mr. Ley reccived.the fo i dowing anewet Crony ticil and hard labour, upon a supposed conviction, drawn up on the defendant. It was written en the back of his own letter to ler. oaths of two persons, whereas in fact those persons had not given Pollard, and charged with a triple postage:— their evidence upon oath. That allegation appeared to him to be " l'i'hat ! mill pursuing the d ee p same, an d no a d va ncentant in satisfactorily anode out, for the defendant had no authority to make I doing me further injury ; only ridding additional insult ID 114 the conviction, or issue his warrant upon it, except distinct and I injure already done. satisfactory proof was given, in his own presence, of the truth of the I ' The correspondence between you and myself hap seen Weal charge which had been preferred. The conviction was supposed to be Ito the pareists of the yottng gentlemstst whole; I have raisin!, ft , founded on an Act of Parliament of very modern date, which added gaged a.s an apprentice. but I do not believe you bare laid tb, exceedingly to the authority of Magistrates, empowering a single whole of it before Mr. Kitehn Or gni/ honourable Impartial :Person. individual, unaided by a Jury, to decide upon the guilt or innocence Such a step would beat variance with your rr,ccedinim— of a person, who might perhaps bc nithout Counsel or ether profess the public you are not the Lard Chancellor, or Coe :Ade blighili4 atonal assistance. In such a situation, above all others, it was locum- sufficient to occupy tt - w hole lifetime, anti still be lett undechital• bent on the Magistrate not only to observe the substance of justice, Yo:a must be more clever than I take ytiu to be, if, With all 'eat Well feif you en b n e m p a cr k f e et a tune o , n le o I. : o t n h g a t b tl e l l e i y ev a e re na c t o u n ra p l en tl i sa li t e e i d enc ra ie b k . ; but strictly to adhere to all the formusp,onintohredteerntiompurenyveinntatitirse rate,po‘se: d in eet tel i l t e ' c y t sibility of injustice. It was clear_ that the defendant hail departed from his duty in signing deposit insensibility. tions, the deponents to which he had never seen, and committing a " I return you this to show you that I'll receive no mole of fLlif man to prison who had never been confronted with his accusers, jargon —no mete of your insolence; that I want no further proof, His Lordship animadverted in strong terms upon the Practice which of your deep, mean-spirited, and dishonourable conduct; or lOW appeared to have been obtained in Mr. Ilicitnell's office, in allow. haps, If it Is possible, I mat think worse of tots than I doaki ing the clerk to take the depositions of witnessess in the absence of present. " Wm. net-MO. the Magistrate, and expressed a hope that it would be forthwith "To the Rev. Jacob Lev. Aahprileton." corrected. Depositions should be taken on oath, in the presence of Surely the Jury, in looking at this c.irrespOncienee could SA the Magistrate, who was alone the competent authority for that nothing to unsure on the part of Mr. Ley, whatever might be Shei,f purpose. His Lordship then adverted to the depositions and to the 1 opinion of the defendant's share in it. There was nothing .maws na record of conviction, and observed that in ea c h it h a d b een falsely Ifng or improper in a fa:het being slow to believe a tharge of c s asserted that the witnesses had been examined on oath before ! pl a t e incapacity, when wide against his son, however, ,they mig the plaintiff: This was a gross falseh oo d. I t had been truly feel disposed to censure the manner in which that charge had') , ei3 observed, that if the defendant had been so minded, he might, , min ma d e. an d a ll the eircutnatances attendant on fha definilaril's cone the discovery of his error, have cr.used Baker to be released home- duct in this ease. It Ayoubd not have bsen made Matteri of aeclliak diately, for though he could not have clone so on his own authority, I :ion against his eneun that he bad sent his son to Pollard . , and pay( yet the Secretary of Sate, upon a proper apniwation, would have him the cumplintant of .intiusting hint with the care o f an India erdered his discharge forthwi t h. I n d ee d, hi s L ords hip dttabtid ; vidual who was Dfeenarlit , so dear to him, Was flit's, as !t fi a t whether he might not hove caused him to be discharged by Habeas been stated by the defendant, any third like imposition, or did i 1 Corpus. Much evidence had been received which was irrelevant to juin!y the eplthets mode use of by tu him to the tectetpanstee the present charge, but as the prosec u tor had launched Its ea eby : that Cilallfjletwevn the 'Fatties ? Ile thought nut, sold that Z proof cf hi., innocence, fills Lordst ip felt himself bound to admit Joey wooLl be wf the same opiniob. It sat the a e ry te l ie t vibe . t . , . , • ~ , _ ,' in the pan et the defeniant. But+ I eoel•41/1 of the prosecutor *Mt very exeu.sahlreellse• te man [night bare suffevtal an enjua pu. nen be recalled, yet it meet have hem a t hint to vindicate hie chaster from tilt en bit upon ft. a _ ly ftietd. the de*tultiP.i Weft, ... S T R 111Y-Tl .. iC U) it I . 21 ._,. It ASBI.7.t.iS, EXETER, JULY 11r. ! t: iaestee v eltlL sin.. , , t L.lr TAD ALE. ant ia 1:0111MOD Jutf. ;TMENT FOR LIBEL. .. E KING v. POLLARD. d the pleadings, and stated this was tin in' ifendant, for a Malicious libel on the proses sy), contained in served letters which had d the defendant. The *edit; bent on "inch • i Pas fbunded had been prekrtal in the LAW . he defendant pleaded not guilty. is mated the case to the Jury fee the plains had b int compelled toiinstitute the wettest ance of the lieellbus and malicious asaere L. east for the perpose of vindleatieg pis i ) putatienteaseupOn it by the tinwarrintabia F Pollard, the defendunt in this aettl4n. rise ie father of a large fluidly, and a reapettable tblished Church, wis demises of qealifyiag medical profession, having previousle p l at f 1 University. With this view hk ht.P led to Ulan( In thie tenon, who was an eininet: „residing et Torquay. The neceseiti m- utt entered into, Mr. Ley's sari was aced di', capacity of an apprentice. Be urea gentleman had been prepared for tfet pro_ intended he should engage, by a sztintl and ' a handsome premium was of course Aid la nee apprentice; and yet, notwitliat. AMA instences, the defendant had thouy,ht p pa )pinion of the youth's ur.fieness send h ..eap. t ip t• 1 1 7 ; rked nut for itim, and that with ineketere latter's appfebticeshie, when lie cotaid bate any grounds for forming tech an nfitnitio. i attained little dietbethe Jury stottlaLso* tat defendant, had homed. a try. Prernatteteathri. i I a the subject, and that he, was not idatifiell itiff's sett as incompetent fa the Voiles/VD, te and abilitiek. However, be the feetei j( i Pf them at leaf as were parents) unfat.knotk t'e'e of intelligence was likely to be received r would operete on ha feelings ma 1 goig iidentte, mild, and be owing manner: '.13 in the preterit instate? riot at all. ~.liga rting ittf.firnatien communicated in a itil to !DM ? er had it net either been Italglitena poignant by the touts of convitythOt ? the latter was the case, and that the Lao: L father, not in language metsered ix &Tata feelings, but in words and a styie of toms roes ant! intolerable, they wbuld Alio* hoh ring.' of his Client, and (to say the leskt,of et of the defeudant. (The ',netted °entic- e:al part of theletters thkt had pissed be I defendant on this subjett ; and to Pee o'. on whiC't the indictment as folindell Mai w letter he should read Was one addreaea: by t ant, and requiting on his part, ha perfectl it . I explanation of his extraoraineaty treattneel .. Vile letter was as follows ( No. I.) . . " Asitplington, June 8,1 . 80. act breemb me to use coarse language. not to be the object of it. You have made se, tertian', reproatetul and unintelligible; b•.: rto which I might apply them. You Mies ye abused me. Thu is nut very deeotoits. . and proceed to busineet.• • does not suit your and I now perceive that ' . Voti ativ yen. do pot wish to injure him : jetty even io inconYettience you. You Wes ween us amicably ; in this we wee.. natances, return me the premier - 4 you km sign over the indentuee to any person I may 4 , suit my con and whom my con May suit. d. because It leas directly to a conclution, . 'stand your proposal aright, I could not se , I . is settled, I shall esteem it a favour if you undo you have founded your objection) ant Moment, I am perfectly ignorant of Meat you: moot Obedient sertent, . .:s q ." " J. , Lt . *. mitunication the pleintiff received the fel- Le and indecorous reply, which formed part he indictment, and, after muting the letter, Id put it to the Jury to Hy, whether it wee , offensive in its nature : (Ne. R., • . " Turquay, June 23, 1824. your letter n fortnight since, I felt such cone t 1 to could be capable (in the first initante) et it - imposition on me, and then have t..e efTren- ersevere in the impoittiOn at the expenit of feeling that might have been e xp e c te d : t h at t ter it. The general expression of your let- y the best of it : :t eeidently :Mowed you # .i . , as well as myself, to e n u r gov e ma bl e o b. manly spirit, or yoU would not leave him sing .ignorance o n sortie points, and Asia!' i our Fonis a useless ineumbranee to me ‘ I I naturally it's extremely disagreeable boa. ityself to have hitn in the house; sad tee • r leave at lain, and all yottr stretagerns—taß ril no ping as affecting the main point; re him away githogt further delay. o whether any or what part of the phetniurd t a is a very proper one to be submitted to a rifest difference of opinion existe, betiteeh Ili i all the declarations of 4rtire to wade this be at variance with truth, When it' . 11 to leave the que in t )an honourable Ce• a uselers, unless this method be adopted, to arable termination of a busmen!, which: in to ought never to have allotted of lr be:4 Itent persons. I shall have no objection ti re to any person, provided there is no toe- t , :e. . . .. itervlew with Mr. James Cornirth Would [livening your mind from persevering to a • sibly answer any good purpbee. But bear: since has caused me to trite tb von, and i sve it settled, yet if you are Still indise I find me as determined ; and whilst I MEW • will not submit to such a gross imposition' .. e admitted of excuse. Sir, your obedient servant, " \% e. POLLARD." Ley, Ashprington." • be addressed to a father and a clergyman itaintiff ? and was .Mr. Pollard jun/habit ' . • ' in adopted ? ills c li ent , f ee li ng t h e t e te y inflicted, eddressed him as followed:— (:10. 3.) 't Ashprington, Ist July, 1824. 4 at a - less to understand whether the abusiti! ott honour me be natural to you, or whetter for the ocotsion, to accomplish tome pain. 4 have in view. For certain, try letter dare n that letter, to which I still adhere, I tr. • • s of coarse language, decline your prOpcsa o transfer my sun to another mace °niter. aye now to add. that I have no desire fai readily agree with you—whether I ach 41 r you in treaty fur an apprownice--t0 3 Ore the party with whom we treat. T . , lid. Ors this ground I have acted in fee' r 'letters to Mr. Kitson, to wham st4h i einent. You shall m e e t with natliing4 iou desire explanation t inform me in *boy If you are sincere in believing that I ha 118•• or Imposition, or have tr ea t e d y ou unfaitl in ye , and what, and I shall think it my drtlf • re mistaken. ir, your very liumb:e servant, . . ' i J J. Lay. • Ley received, the fo'Jevieg an from OS" Min en the back of 11!3 own let:er to Mr ith a triple postage:— ing the deep name, and no advancement ii ivy ; only adding additional insult In teal e between von and myself la,s been littera ming 'teatime,: whom I have roiled, Pet , :e. but I do col believe you bare Said rib XitStms Or any honourable impartial Person. t variance with your preceedinese. Well tiff the Lnrd Chancellor, or care tattle irighl tI I thole lifetime. mid still be lett Indict:std. ' ' ver than I take yltu Or be, it. With all 'Gilt ry one long b e li eve natura l l i t liciencies et ions, or that they are compensated for by ( 1 o show you that 1.11 receive no More of fLIiF •,.. for insolence; that I want no further p Mites], and dishonourable conduct; 9r lOW . I may thine worse of tots than I doe I & , " Was. Pc•raat`p. b Ley. Ashprington." . ,t a b e r s p t,i i k E e o g f in a ls t l it r . t ) T i .e s h y e c . r . l , w " w ha e : n te n v o e den r th m i ee n i:h:t o n be ti beeop '. : l ,the l l i, tuteerh :heet being n, snn against emanner slow in i sw t O ri t ~ ,V 1 i th e : v a e l a e c, hes:trhowever, charge tote yo had f c ti g a mataneea attendant on the defentleel's cone molt not have been made **(toe of iecao that he bad sent his son to P o ll ar d, and paid( . .'' if imitating tfien with the care 4f an India erdy so dc•or te him. Was fill's, as It /14 4 rentfant, any third like impositioe, or did ii sde use of by kin to the teetetpeudatice ; c parties ? llg thought nut, end that acre opinion. It Vas the defy :dart %be ( 1 1, x . t !ft,