The British Press; or, Morning Literary Advertiser. — London, England, 1825-08-06 00:00:00

-- "T panel base 6, the skirts of his back, the other took the babe. and dun sbar • , fond Berkeley to whisk * did simt. Mr. Judge ware s A wskilaimad ai. Ca you h belltat h... k. 1 an:a i to 11111 frat What tfie ead vim MI repessidly over it, antil his eye s7smiliesilbscasee_ gee blood. le it as be credited that su c h it thing ahead t sag visa dissing another holding , whilst a third l ila lic:A lv iedielital 1 1 ll* is the conduct of lusts,. Dolan& Wei* at length satisfied his foepeaesa brad la/ad ipso be the nilnif that could be so suiaAsd Went ' seer MN bombs of his manly exploit to the emote of sad was head to exclaim, '• Ind not I give It him Mt Jltelgas se may be supposed, was obliged to retire, for nearly a *sok. His life au desraired of; 3 Limas day man atismied Ida, sad he was confined altogether nearly a He. as &literary tears, of course, hu suffered much; but I will. I fear, be hie sufferings from this attack. I wil l eminent oculist from London, Ale Ware, who will that at this moment there is considerable doubt on his whether he will altogether recover the use of his eye. But timeless to talk of personal sureringa, or to talk of Ines of because, if your feelings as men are not already roused recital of the outrage, no statement of 21r. Judge's suf. ar his losses will louse them. It may be said, on the we ought to have indicted the parties. I think we , in my mind. a little personal Guttering would be these gentlemen. But I will show why we could not . Judge did not know who these other persons were. , he could not associate these persons in any other way, i 4 this action ; and so strong s this fact, that h e could who they were, the only proof we can give this day of ty is their own undertaking, which they gave, that acknowledge themselves in any civil action, on Bondi. ! that no criminal proceeding should be taken against , it riot be, therefore, thrown in our teeth, that Air. . influenced by pecuniary motives in bringing this action, , ,o other means of taking &neat - action. Baying detailed the' this atrocious transaction, I am entitled to ask of yon, what Aggravation this case wants ? It was perpetrated in cool awl as deliberately planned as barbarously executed. It•is whim these gentlemen resorted to some of the habits, . also resort to the virtues of the prise ring; for even I ...at and degraded as some of that fraternity may be, they something manly, something chivalrous about them ; even "err scorn undue advantage ; there, it' a man, whilst man to `l strike an unfair blow, he would be hoot e d f rom t h e I .e. If the ease wants more of aggravation, will you it In the place where it occurred ?—in a m a n's o wn h ouse , I . his menial servants ; in that place which we are all wens- i ltd, as /egad as.meral. In that temple, the privileges of . v... ankh the singes of our - happy lend fflne tendultd safe-411i Itirisx' sanctity of which is the boast of every sage, of every states- Colonel . and of every orator In your senate ? and never was i n - - =tide more loudly proclaimed than when the immor- at lubb7ant peudaimed the inviolable liberty of the British tt at to enjoy it. But who has dared to profane that sanctust. , n I It sonic dungeon out-east ?—aetne unhappy Wretch, too' v to know what is right, or too reckless to be restrain. /, I . law ? NO ;it has been pnatnned by members of the aristo- , N et die hind • by men of large poriessions ; by Colonel Bee- '' .aloe — o forsooth—wnou duty it may he to clue the ' , upon some poor enptive more culpable than himaseif —by Colonel Berkeley, who swaggers this day into Court. trusting lit the fulness of his purse for tieing able to trample upon the rights ' ofthe plaintiff, at well as of all Englishmen. But what care s h e ? !e regards not your damages—he has satisfied his vengeance. I Abel this case strongly. I trust you do so too. Whether your plbsams arc to be kept sacred, or left at the mercy of any furious ors who may be inclined to arm themselves and invade its , eft frnrivheer d d i gtert a t Er* ti ll say, for Africa, or mil n igle e d . v i nd s i o c; ; i i l tl e ! . .io tar to, bat a story—that there three savages assailed one man, Sig ,V /tit defenceless. weak—what would not be your fed.' p I wrong the child of the wilderness ; the savage woebl ant do as; be might indeed - be irritated in a moment of passion s ' too strong to be eootracii, to take his revenge—but he, these, lie would not creep unawares on an unatmed adversary. above all, he would shrink from profaning the house of his I a place sanctified by them as well as by us. I say this is dams. atrociout, the most brutal and unparalleled outrage that hos bass ever committed in this land. Du Igo too tar in calling thistles unparalleled i_ if I Jo, I will submit it to a reasonable test. Let my friend, kle. Teetotal, whom I regret to see smiling, let hist Produce a single instance of such a case, and I will abandon mg_ claim to damages. bet hint produce an instance in which thorned, the aristocracy of the country have so conducted themselves, be which they thus swindled themselves into a house. thus three* One attacked an unarmed man, and acted so that if hereafter die lowest of the rabble should execute his vengeance in a similar way, lie may say, I at least have had the example of Colonel Berkeley for my conduct. %That ! in a man's own house, with the blood streaming froin his face. Oh ! is there a woman or a child. but Most cry shame at such au outrage ? Conduct like this will be sanctioned by your verdict, should you give a mitigated one ; and if you should, how could you hereafter blame the lowest of the people if they acted on your verdict ? You cannot make one law for the rich, another for the pour; and shall it be said, high esnk is to eXeuse debasement ; shall the relittementa of knowledge ueuae degradation; or the gifts of fortune, which the defend ants enjoy, enable them to lord it with hop - upon the rights of society ! I hope you will a mitigated verdict in this case ; suppose case, which I do not expect. anti that 1 sentry were to enter your own dwelling at rages, might he not justly say—your verdict so ? Alight he not say—t" Yes, I did break into siolste the peace of your family ; bat Col. Berk. Tee he drew your blood—your blood, I seem a • •• I was an ignorant mart ; I was irritated ; I ?" resort to law fur vengeance, and I took it ; te me ? I did not do as Col. Berkeley did. three to one ; yet you hit hint go the other which are no more than so many shillings to , ' fear, difficult to resist such a plea. I understand Col. 11. means to prove some provocation, that he has been libelled by the plaintiff. I deal candidly. I say he may have been irritated by reflections I cast upon hint. Rut what excuse can the others have? Ilave they been libelled ? Can they justify the manly part they took in this abominable outrage ? 1 adroit. it a man it provoked by reflec tions out upon hint, and lie meets the person who cast them, in a public place, and there takes his revenge, such an occurrence might mitigate, though it could not justify such conduct. But surely it could not justify such an outrage as this. I an willing to admit that if the Editor of any paper ehocres to drag from the bosom of ! retirement the character of any meral man, and places it unfavour. ' ably before the public • he almost leaves himself open to the attacks of his adversaries. But even then I would deny that such a person i should trample on the low, should erect himself into a summery tribunal, and tittle setting an example to the peasantry, induce to convert their bludgeon into a sceptre, and trample upon * thing that you hold sacred. I have heard that a tissue of it are are to b• given in respecting transactions which are well known ki yes all. I promise hint if he does, I shall furnish the commen tary. But I hope some lingering sense of decorum will induce him I to refrain from such a course. Again I ask, what excuse can the lord I ' or the gentleman offer for their swindling Into this man's house ? 1 What excuse for their brutal exclamations whilst the work of yen- I - pante was going en—" Go it ! Go it ! Give it him ! Po it !" Will they deny they acted so ? If they do I will prove it.— Will they admit It ? They will be entitled to your pity. And oh, is this the conduct of our young nobility ? I should have. looked toe them in the temples consecrated to learning— not in the noon-day assisting and encouraging the actor In this outrage, by which, instead of maintaining their high rank, I they practically justify the principles of the jneobin and the level.. ter. Fain would I find in their youth some excuse for their con. duet. That I cannot do. But no, youth, in its wildest excesses, would editor such conduce Fortunate for these defendants is it 'that their savage acts ended as they have done. Had the blood which they so inhumanly shed, been the Ilfe-blvod, as it might have been, of 3lr. .Jude,g they would have stood in a different place for their trial, anti it they were placed at the bar, ots„ what a happy defence would they have, that a paragraph had appeared iti a newspaper, sad that they were irritated by it ! (There was here considerable (disturbance excited by the number of persona let into the hall.) After the noise subsided, Mr.' Phillips concluded, by saying. " Gentlemen of the Jury, be your verdict what it may, the de. , fondants will have reason to be satisfied. They have fortune to 'disregard it. But before I sit down, I shall ask, is the possession ' of that fortune to give them aright to act as they had done ? Yea, Gentlemen, will, by your verdict in this cause, confer a 'ohne benefit on the country, you will vindicate the rank in which these parties have moved in society, front any participation in such coll. doct ; a rank which they have disgraced, and teach the world that no man shall insult the impartial justice of your tribunal. An admission was here put it t, whereby the Solicitors for the de. I Pendants, in consideration uf the plaintiff ' commies not to prose ! ! cote criminally, admitted thlt Lord Sussex Lennox and Robert I Care Hammond. were the persona who accompanied Colonel Berke ' ley to the house of 3lr. Judge on the 11th of slarch. The best witness called, Mary Curtis, examined by Mr. toes- IlistsT. stated as follows :-1 am a washerwoman, and I live in Cheltenham. and was taking home some linen on the 14th of March I last ; I then saw Colonel Berkeley In Sheborne-street, (.helten. i ham, walking with two gentlemen ; I fire saw Colonel Berkeley at Warwick-house ; ale. Judge's house is in Northfield-place ; they were at a corner ; titer all turned it •, I followed them as I wanted to speak to Colonel Berkeley ; I did not know the Where. but I think I should know one of them ; I saw them is dupes sage ; I never saw Colonel Berkeley alone. Did you see any one of the gentlemen go alone to Mr. Judges ? Mr. Tan /MOW objected to the question. Witness continued—l saw the three in Mr. Judge's house, In the passage. I heard the noise of' a horsewhip, and the cries of a man, which induced me to run to the house. I saw Col. Berkeley come out of it, with a whip in his hand. Can't say what kind of a ' whip ; heard him say, " he bad given it him wel l ;•' he was not laughing ; the two other gentlemen were with him. Saw Mt. I Judge in the passage; and when he came out the blood wu nal , tuns down his face. IT y the JVDOL— Colonel Berkeley went away. ' Elizabeth Issanl—l lived in March last, at No. IS, North-del& place, with Mrs. Morris. Mr. Judge lodged Otero, a Mrs. Ser geant and her daughter also lodged there. Colonel Berkeley used to visit there. 1 recollect answering a knock at two o'clock by • tall thin perms; he asked me if Mr. Judge was at home. I said not ; that he would be at home at three o'clock. The gentlemsa came again at three o'clock, with a letter In his hand, and said. " will you tell Mr. Judge I have a letter for him." I told him he was at home. There was ent,Any person near the door. I told master, who said. " I can't Oleg who it is, but ask him in." He came in. sod in un instant afterwards Colonel Berkele and another came. They followed the tell thin gentleman into the room Mr. Judge was in ; he ass then opening his writing-sheik. I heard' Colonel Bake" say, " A case of necessity, file. Judge, obliges me to ciii t ,f addressing said, " if v. nation.' we will POOll 'as • K V vs? Berkeley , say, " the it : give i' mercy I I not, as it nest dem come, m : 'there *es , to the house, out now; he h oseugh. Astr idi ._... maw Mt Alk... tom ; his face um seeered with bleed, Wm Meahlk dam his clothes. Mr. Judie made fur IMMO% aw 4 let wP two ogiVe• ao : fi:m : , when the tall, thin, geodonan, who M Me deer with Me letter, caught bins by the Skirts. wed Plied him bank, Mr. Judge's wig was palled of by * and CaL Berkeley ekes cut him over the beill mil sari the leal u t die loiliP left a bkod.mark on the well. Mem a riot WWI l wee wood la emend OWe on the mewed wham be had been stasta n emend very Salm spite i they were Meadow about awe soma . hour. Mr. Judge des went to hie parketr. Awns Mere be le his Mimeo t the sofa In the padme MO lonehig .111 urn* _place& Mr. Jadip ma minima to Ms bet been the lab al Mimi lentil the Mb. A Medical plena attended Id= throe dame aMy M the . .... . of main Ohms hap -1 eye). There - may be some defect of vision, but the opacity has been some time declining. It is a fortnight since I sew it. The lip was cut, and there was a whip mark on the cheek. :111r. Judge expressed great pant, but I could not judge of his sedirings, - he was near' fainting. I saw him three urres for a week, and having attended him for ten days, left dim In the can of a friend, s I went to London; oo nay return I called to see him. Ile kept hie bed about a week, and was then ocatelonally up ; be might have been con. lined nine or ten days to his bed-room. Cross.examined by Mr. LonLow.--I consider that the opacity will not be entirely dissolved, though the injury is not serious • he I generally wore spectadlee before this ; the cut was from the Gioia lash of a horsewhip. Mr. did not as that his tosne l m e Mr. Hughes, nor dlr . Whitehead, did not tell him to halo libelling. Mr. Puit.t.tre—No, nor for other people not to theme it. Mr. John Roberts and the surgeon corroborated thalut W Mr. Ware, ea ocalist, from London.—A Mr. Judge called on me there on Mon da y week last and 1 examined his eye. The eye had then recovered from en inflammation it had had, but there was a speck on the cornea, WO* WOK Mice been produced by a vi0...1 lent blow. If inlampthdon bad succeeded the blew, I tbieth the eye would now be miss liable so ledartunatioa. There win be for e long while, I foie. a slight mark on it. Cross-examined Mr. (We regret our inability 'to give the intervening poltkin of this trial betwixt the conclusion of the plaintiff's case and the summing up of the Learned Judge. Owing to some accident which has operated to intercept our expresses, this part has missed reaching the office up to the time of our going to Press.) Mr. Justice BußaonOtra said that the da nages in this action must be joint, they could not have separate damages spinet each. ( His Lordship recapitulated the evidence) Mr. Dixie's evidence had received confirmation, and he thought it quite relieved from the imputations, whatever might tae said, 01 the besting spoken to by Miss Morris, and the catching him by dm skirts by Lord Sussex Lennox, was most improper, All throe were joining in the assault and therefore a verdict must pass ivies& elf the defendants. The surgeons, and Mr. Ware, the owe. list, proved that a severe assault was committed; bat it did not appear that the plaintiff was in any danger of losing his sight. They must consider the nature of the assault, and that of them came and committed it, in what-his Lordship s a very unmanly way, and certainly not in a manner he ahead expect from men possessing courage. There was dearly • very sevens assault proved. But on the part of the defendants muter was pet is show that the feelings of one of them was irritated, and if it had been as against Col. Berkeley alone, he could conceive no east ground for irritation ; but what could have Induce d men to have acted in so unbecoming a way he could not teetelve. However, no words or provocation could justify an actual attack. lie did not take up the notion, that a paper had a right to Witch private views. The papers ought to be protected in the fair Mo. charge of their functions. It' was ntat because Cofer's! Berkehro vices were of a dangerous nature that every one had a tube lo say whatever he chose of Colonel Berkeley on that accounts boa the material part of the evidence was the evidence of Mr. Oradea sod Mr. Davis, as they showed with what view the pillimodeo were persisted in. If the plaintiff made the ameemosileshia to i by Davis, it was base, because it 'hewed be ditithls fee amp: If they chose to take the papers with them they might de sal: it appeared there was a regular aeries of attacks on Berkeley, sod este of them on the very day on which the dem* ; was committed. They . found Colonel Berkeley called abrelohl-..a coward—that fighting is not his forte. These were greet pewee& tie= ; but Colonel Berkeley and friends were chesty aD la the wrong, and the cal matter they had to conaider way Weather his conduct was not 'med. If he had barely given him a stroke of the whip, it wo uld not have been much ; hut then three man apt. him into a coo rod best hint violently, and then, wbea they had hint out, and all is supposed to be over, they all renew the at. I seek and beat him again. They were to say what damages thi i plekttif was entitled to The Jerry retired Ist nearly half on hour, and then tesad a ear. ; diet for the plaintit—Damages 3001. • ifi':•• NORFOLK ClßeLlf+ . i•••••• -.,„- . .MORWICII ASSIZES, NoitwiCsi, As. 4 CIVIL SIDS. Before this Loan CHINS 31:11TICIL SMART, OZWT. OK ete. w- TW•Liakti. Thle was en setion on the cam, the plaintiff is as attorney, the defendant an innkeeper, it was brou p t i . to recover compensation in damages for the breaking of the 'ntiit's gig through the de fault of the servants of the defendant. It appeared from the evidence, that the plaintiff , is travel li ng from Norwich to Yarmouth, sto pped at an ins, of which the de. fondant was the proprietor. He with his wife, the Companion of his journey, alighted from his gig. and the lady entered the heat* The plaintiff desired the hostler to give his horse cows bay and water, and in reply to a question frost the hostler, be said that the hilri horse was not to be taken into the stable. The hostler ImOrin x% to the stable for this purpose, the plaintiff asked one of t ho of the inn to take the bit from the home's month. W de Mal was engaged in effecting this removal, the bridle fell-.the NW was startled and escaped. The gig Was hasoured--the la. boa the scene front a balcony, and was theoas tap eastsiderais else* for the safety of her spouse, and the tableau or the "Ohm* say" was only preserved by.thehorn of SWIM -11111}Mlin,_ Vkit e allalita a species of re-action that tenni= htil d l e iarisiey. day was meant for pleasure, but , as a a ll Orb the hopes of melt or even of wawa r . the alighapse the attorney and his lady—the inhabitants of an be, .Illaelahe had never entered, and in its cheerless so li cited% be at have his action agaiost Hontrice. 1 1 1, Such was the MC on the part of the plaliktlfr ; is was war tended, that from the moonlit Ise had order /, sae la hob the hay, lee. for the horse, the custody of des anima fa dee de fendant ; that he was answerable fail I ' use ie.deltssey." sod " rewonai hie for the conotmemmes which had mimeo frets dm post. boy's uoskiiruinela." - • . The Counsel on the ether side contended, that `• there •ee no ssz.ll delivery of the horse and gig to the iookeeper es Gould give him a lien on the property for the charges, and it followed that as head no hen hr had no custody." thowaht the jury, who returnal a verdict for the aefaialant. CROWN SIDE. "Before tbr Loan CIIILT BAROL John Itirett was indicted for forcibly attempting tb abate the per an of Mary Anne Taylor, a child under twelve yeses of age. Thi Airy Aland the prisoner ibund the priaoner Gaily. The Qatar Autos sentenced him to two yeses itapelsalibent and base MOUE if IDL.4ND CIRCUIT'. LEICEISTER ASSIZES. Leicirrsa, Aso. S. r CRIMINAL SIDE. Haunch Read was convicted of the wilful murder of bar hoe. band, and ordered for execution. Dirisdricy end Bird, who were convicted of extorting money under a threat of charging a man with the Commission of a certain crime, were both ttansporied fur lift. lax v. 811;11;2.0r. T et defendant in this case was convicted of a prim and stands. the plaintiff. The libel consisted in sonic temarta is epos &meeting In the field of honour between the pro. pike ••4 • Mr. Dalton, which was disturbed by the interference lot die . COMMISSION OF LUNACY.--Avetisr 5. THE REV. EDWARD FRANK. TIPTIt DAY. Sonn after the Commissioners and the Jury had taken their seats, Mr. Brougham rose to address them on behalf of Mr. Frank, for whom only be was Coansel. Mr. Buono KAN spoke to the following effect :—lt is now my duty to address you, Gentlemen of the Jury, on behalf of the Rev. Edward /rank. who is the unfortunate subject of this investigation. I could, I think, find • word more affecting than that of unfortu nate, which might justly be applied to him ; at any rate he is an object that must command your pity. To individuals labouring under human calamities, the greatest or all, perhaps, is that of being deprived of reason—but next to that calamity there cannot be a greater than the promos to which the individual to whom 1 have alluded is now exposed—when we consider the solemnity with which all the acts of the life of an individual so situated are din. cussed—and when w• look at the publicity given to that solemn discussion, we can figure to ourselves what any individual so situ ated must fee ; KAM* move such an individual is in possession of his smear - the • .o him be such - reitieation. Leek that ins himself to have to ~ . _ a bodily . _ __ _ _, to give a bond as it were, in his own peewit, to submit to In - his own life time, what many have a rooted antipathy, that their botiim should be submitted to after death—to have his VAMPS and expres sions rigidly wrched, and, in short, to be looked upon, not as a man, but as a beset. I look upon this as a calamity, so un speakable, that 1 can find no name for it—but to all this, the individual on whose behalf I am addressing you, has been sub jected, and he now appeals to you, as a Jury of his Country, to re-1 place him In that situation of life which be ought never to have been maimed from, in which he bed committed so crime for which • ha might So have been deprived of it. I speak before you now with: couddiles ea behalf of this unfortunate mem, notwithstanding the , prejudices which may exist in your Wads against him, which pro. judices hare bees excited by the iathesseseamduct which has been . esaibed to this ladiv iduel, and *hick Whom ban Imbitual in bits, sad erbkhisodoe a l l= lederilyea la language se dismada* limpet that such made* *NM be received is Jesesoswia sty in a pul l = Nowa Wait only injures the individual who is the mildest of its wil k amen relation, bet it tends to injure geod tame, destro ys th e me* ale early of them who hem its.liat it ts latal!lic dwalattf. in geateel.— not that we deem Is point of vie*, nor would I have it believed diet littler 111 . or either of tu t r i l ii iett eh tf:iattis mated eae. hove leeiW spas thee; digest • ing het with fallow f i g: sad if lamer. Upon. sieoa ' 4t neiersisi born used, 'Aid' everY= l ow shoal& Moe ben lbw, and over wh eh tem warelity wog ezeirdsed Mann a saw I my all these ads. les MAW af le. proles**. I aim as me mete minutely ft ilaa sem, mei I will presume din a viatamat el_ the choreal diNt Pair en a eery _amigo* lilk his whale_ teelingp Natty Odes bog these . NMI a Ewa it II cle * be. yet lie moo g oat Ile • assuasat be sha r eat i nkhoushi appose Is magall6lllllll6lllllllV I tell yes hankly,urr o rdama beef aurroad Wad, it le his interest that yea so teem . him, and, ar it Is bit imam, so it is my duty tooth yea to do so, whether Jos may aiskider him a lunatic or whether you may con. eider him an idiot. lay client's interest and my ditty join with that of my lammed Friend, and if my client is incapacitated from conducting Ms eau eir sirs. the law should protect him against that incapacity, that moon and justice should rectify his own perverted undeistanding. You will recollect up to the third or fourth witness I seggsoad questions that might be put to them, in girder that their ansmee, It satisfactory, might put an end to the doubt of this gm tleamies Malty or insanity, so that if the latter proved to be the case, an sad ought at once Le put to this melancholy ingots . You wilt tettolthin that after it was discovered that my Friend had net areal the delusions of 1817, where a witness proved this gladsome itherming under an impressien that he committed a greet mime' atoompanied by other disgusting descriptions of his meson, mid whoa I expected that this would be brought down and menaced with February last, or to the present time, I cross-ex. stained the elldirrent witnesses for the runtime of assisting in.thai pry pandpal.. twit Dr. Wright, as regarding the delusions ; and If I haitheed that in last March, when Dr. Wright again saw hint, bends mil labouring under these delusions, then I should have pat an millie tem inquiry, but I found quite the contrary to be the 'het. 41111.1 acs then driven bac.4 to my former position, and it thereby* la now my duty to enter at large into the subject. I again say to yes thee, gentlemen, that • man may be a habitual violator of decency; he stay as • clergyman be guilty of descriptions of crime thin must bat disgrace his holy calling; his conduct may be the most gem dset ma be possibly imagined—yet his judgment may maintain ill Nit, and his toted maim undisturbed. You will recol lect inamsomefilekets who iIIINI disgraced their holy callings, but in all theemes I have slightly alluded to, It was never for a ino- MGM alippleed that the delinquents were m ad. The various prints have bass excommunicated and disabled from holding Offices in the than*, but were never looked span as insane ; and, therefore, seby Wall amine. fa the drat time be attributed to this indivi dual I , . Tbittia a line of illmismicia which I beg you to draw both broad sad deep. I say this is • ease Which, it what is alleged is meet. yes eaglet sat to pity, but to condemn and punish. It is not watts. t amea lets his sMine and malpractices go forth in daylight ta the Medd tbat be at to be looked upon as mad. Does showing a imaltipliaisp .it sees of wickedness constitute madness ? Un. =r a y am. barb arm was the law yet. We are but a few Boss the Old Bailey ; now suppose a man there Magni at bleep, would it be any defence for him to say that be bad eammitted *eft so many times that he certainly must be mad ? Weald it Seer annsurpose for a man to say on behalf of a person la duraid. My Lord, this man must be mad, for he stole • home ode a day, book, open a hoses each • day corn.' mime' a edieffy .air day, and he says if he gets off io-day ha will emu* swim Bobber,. tomorrow ?" The Court would say, " Wity, this is • most barefaced villian, he boasts of his vlllatiy," and they maid direct him either to be sent to Bo tany Bay, at aloe brought out at the debtors' door of New. gate, at eight In the morning ; •to set up • plea of madness in such a ergo would be of no avail. Now as to the question of soundness and ansoundr,ms of mint se connected wilt. insanity, AM lei the law ? A man to constitute insanity must (so said the lawl e t e r 'reeeitesepaer It *wet niacin that be Roof smeeresel Mast be an unsoundness arming frogs shame& Itbsot • t: tut a man Is &receipt, in judgment, totemic- in sungher, ty . in character, indiscteet; moiligase,. umlaut. indolems, eft almost to a habit, and lidded to all these, possessing miry a "NJ judgment and defective untiereentling. It maybe • g i calamity that a man should be eo afflicted, or that be ahettl4 be afflicted with any of these misfortunes ; it might lead to the min of himself wed his firnily- , •it might lead to the Imo of his emote.-.it might lead him to defraud his etedhitorae-die might be ertitely incapable : to manage hie affairs...he might by any pee of chase teieforlunee be led swan from his dirty to his family ; Vat Yet man Of ability were round who did all these tflinp. But has the doctlineever born yet carried so far es to key. that • man guilty of age or nil of these propensities was insane P There are sues too, in width, in addition to • torture of the mind, there is a torture of the judgment. I have known, for instance, men who dread. as much to look into their accounts as they would the blowing up of p powdp_r-mill Chen they saw a light in it ; but why do they so dread it l Why, because they knew the balance is against them. - And I hare known others who dread nothing so much as a balance sheet, although this makes the balance greater against them. livery pariih in England pro duces men of the weakest minds—there is hot a parish in which might not be found men who amid be prevailed upon by roguish end artful men, under mote sperioas pretensions, to enecute oon• tepances of their property to their own utter ruin; but the law does ,sot afford any protection to such men—the law does not deny a Man the power of ruining himself if he chooses boluntarily to dg se. Our law says that it will not interfere between a man and his ral liberty, unless he ia mentally incapacitated from thanaging er himself or his affairs, and that incapacity proccell from mar. di seass. If such exist in the present case, I tweak say, find your verdict in fltvour of this eotnmisaion ; but uneasiness, negli gence, and careleseness, unless proceeding from unsoundosat of' mind, is cot sulllctent to ground smith a commissibn ; and recollect you are not permitted to come in here unless the bocter comes. I on quite convinced that Mr. F. is not a man that can well mintage Ma own affairs. I know he does not manage them as I woitld,nr as I amid wish any friend of mine to do ; yet the law does not takeaway from him the right of managing the m as h e t hi n k s proper. I k n o t the Civil Law holds it difteren‘ but our law does not approttimate so mach towards the Civil Law as, perhaps, might be Wished. 'We will suppose a man of extrawdinary obtuseness Of feeling —a man of an exceeding hard heart, delighting in scenes of nit•ery, and professing an insane love of and a predilection for seeing C.:Li • . city, instead of shuddering at, fond of attending execotions, boll., baits, and lion-fights—what would make us +cep would meat him. grin, we might call him wretch, but we could not sae he was mad. We might figure a man, for instance, who would qUistly leek on,. and see all hit family lay dead around him, tread upon the frays otitis went* and think that sport, for which we should fact and pity_ ouch a man would not be a mad man. But I will suppose a, third case ; a man, for instance, who could quietly sit by, wiffleue, pity, and hear his father's conduct desctibed as ignomituotts, PICA tligsce, and monstrous, even charged with madness—hear him de scribed as it roan who had lost every worthy attribute, degraded to. the level with the brute beast, without reason, described as a brazen. profligate without the slightest shame--should he !ICU all this em• blazoned forth, and sit down, when he could walk out and in silence wail over it. I might go farther ; should that son still sit by and hear his inother's chastity impesched—hear his father de• scribed as one sunk in madness and misfortune, and hat mother' sank in vice and infamy, and sit and hear all this, without retiring. to some private spot, w here he might pray to have obliterated Irons. memory his father's misfortunes his mother's shame. Why such a man, we should say, is not constituted as we are—he may be a blare—lke may be hard-hearted, but I could not call upon you to pronounce him mad. I will now refer to the delicate ems of a living husband anxiously watching to protect a wife's eharactet not only from stain but from mere suspicion, he at length disco vers her in that greatest of all errors ; might not such a husband, upon cool reflection, sit down and say—" - Why, after all. I think I have myself treated this woman ill—l consider My young family," and then might he not turn round and say to her—" Hook over shit you hese done—my love has overcome my resestment--bahavo better in future ; I again will take you to me." The *Me mien say that all he had heard against her was a conspicaty. Ttm a. band might, without inquiry, believe it, and thou be settled. Such a man would certainly not bea mussel ,~ or one fit to guard a family of daughters, but self be beta madman. This would be living In infamy, but aspenef . He would now oppose Mrs. Frank, after the tedsoulabiska with husband, saying to him, all that you have heel Nike! Ise Is thm result of a vile conspiracy—all the time that yea nave bean sera . your sisters have been robbing you, and plotting my dialbeeour. will prove to you (the Jury would suppose the gas sZklikg ) Mr. Bellamy opened your closets, that he task Yoe away bee longing to you, and that airs. Bellamy took or. ther. I will prove to you that they were living upon yeas saetune, kid nem trying to ruin me. I will prove to you (you will suppose the wife still speaking) that when Mr. Bellamy brat beard of out being re conciled, and again came together, he walked about the Room like a madman—that he heat his bead, and wrung his hair, and eat. claimed—" 0, lie this reconciliation I shall lose WOOL a-yeet I" And suppose the ' wife should continue to say, " I do not ask or yod to take my word for all this—l will produce to you the persons In whose presence this took place • I will protince to you the man Mho - Ipeetable e' -we I r was, ..ist he ti.. and wished to get __ ..ir him, but there was for he considered Bellamy his enemy. &appose a .. that a horse had been stolen from him, end went to the, lutunderstood him to be kept, and the holder tsAteedhim Would there be any delusion in the man still thinking the hors.._ there ? Gentlemen, it gives me great satistietion that in making these observations, I am spared the necessity of going much Intothe cans now, because I have incidentally opened • very large handl of if aLt"l'• You will perceive that those gentlemen, Mr. Bellamy and ot ers, for their own purposes, have very cunningly promoted this bu siness—it is quite clear that they have an object in view—for them ik a most extraordinary degree of cookery In this ease. Cookery, its. taking out pastry, and cookery, in putting in spices and other in gredients to suit particular palates. I would remind you of the titst.part, of leaving out—by my Learned Friend sating nothing of what took place at Shelton in 1016 and 1817. Foe if ti map geoid prove during a period of tire years, could he not a longer s. od--say seven years—when done bythe samenitnepes v yet ITIMT end, and those who instructed him, did not do it, though they 111- , -that he had made a deranged speech at Shelton, andhad ..._men, keepers of Dr. Wright's, with him, when be was under *delusion, that he could contract marriage with a second wife, anli under a delusion of being male a Bishop, Obtaining a degree at Caliabridge, and last not least, having eottuukted some heinous Apiece for which he would never be forgiven ; and yet net one word did Mr. Bellamy bring forward. Mr. Bellamy was a lawyer, not MIN Captain Maiawartug, he knew all, and knew whets to stop, ha hisoructe d Mr. Hales what to do. In the examination and toms-examination, not one word came out as to nnsoontnese—not one wend of it was told ; and why ?—because it came too near-1. Immo it was bringing the lunacy to the door of 1917. " Wbo Amid we trust t?" said Mr. Holes, and said truly respecting ffie puss* to become trustees to the property. Several perms of re inseetability were mentioned to him, hut not one of them was ap. pointed at the deed of separation. Who was rut in ? Mr. /tolls* and Captain liainwaring. The separation was in 3aunary, and the dent in April. Dr. Wright was called in, and gave liberty tla have the deed made ready. And hers 1 beg to say one thing shoat the benefit of publishing the accounts of this ease in the papers. A gentleman in Cambridge, who had seen what took place there, wishes to come forward and give his evidence. Why are some witnesses kept back, and others brought for ward, but to serve purposes ? First, of Iredall—he tilts of the conversation at tlamsborough about the coach-.he said, first it was in IB'l3, and then two years before that he told it. Then he would not swear but it might be three years, or three and a half. The Learned Counsel then commented on the evidence of the i various witnesses at considerable length. In alluding to the testi ' mony of the medical gentlemen, he observed, tbddgfs they. would I shrink from colouring a fact as if it were perjury, It is 'mating u see how fond even such men are of colouring an opinion. Thaler gentlemen Mina great predisposition to ticid • man a lunatic, not horn interest certain! , but hem a peculiar professional bias, adit they may he eat for saying " be is not th to conduct himself, and he might.tiLogiii in our boon, or under out tare." Bat other medical am Mk' leion those. To Wit such a span al Dr. Malawi in enough to prevent the inapieies deal he could be infla mes' kr sap improper motive. No man sands MOM in the tad- Elation &mankind, no man is more respeseaPle, endive tame his better illustrated the subject of insanity. Nina among others I meen Metall before you. Remember thito that with teapots* Mr. - Fra yen are bound to protect his estate, but you ace bound te protect it way against unsoundnem of mind. and not ageism restiveness':ties. &clonal. 1 t is peculiariy hanl that Mts.Prank, who is not peiudited en be tepreeente a hereby Counsel,should be condemned Without being based I and every one who heats me will but do bit din, in en. demoting to get rid of all prsjudice sgains her.iwit tipmfeetlf enweisesat with the law, and certainly with Christian chinftf, so hi de. Lae is a moat unfottunate woman, whatever she may hate donee You must pay particular attention to the circumstances zanyed with the years 1818 and 1817, when it is proved by the Mr. Bellamy and Mr. lisle. permitting the preparation of ihe dead, that he WAS in a salts state of mind. That deed passed through the heads of Me. Leigh, of Waketeld, than whom a more henourable and upright man dem not exist in the profession, and I tenet in the whole course of my experience knew a ease in which a ViU of a deed of soy kind was suffered to be set aside on tits of beeden, welters, apothecaries, surgeons, or ever, phrd. w ellm ailli : lleilast, when it had such testimony to support it. lA. Mtema seed the technical word " delusion ;" the word applies , t.' bit net taking Bellamy. But was this ** deassion ?^ was at de lusion ea reject a man who had been described to WI as his entail, effie had picked his locks, and taken away his paywra..for suehirat the. lotimation Mr. Frank received of th• cardiac% of Mr. et. Lamy 1 1 It was stated as a circurnmanea of saw_ height, that tire Lord Chancellor had sent this case to a Jurrhot enquiry. 1 a dmit that it has some weight, but is there not much pester weight hi the fact of the Lord Chancellor's dismissing toe eppliestion fat tills I inquiry in Bit: ? Is it riot a ciecume!auce of at greater eviller. for in the present instance he only hash's doubts. burin the f he was decidedly et opinion, that there were no groan is tor ibe_4. quirt, or in GPM be woutJ have sent the twee Wore you "?...The • I ' . • *Oak a oft you." Mr. Judge said, " Who have I the honour reAsing ?" " My (lama as Cake* Berkeley." Mr. Judge if you will come to the Altair MB 've you every expla- " Colonel Berkelti _and Ai ether. raid " No, have k oink." I leit the Sell 116119 t the door: wi It ilite abs ..bilislatA r yt P ite Lee a se l neee 17: 1 64 * 410 4110evont *re it. 1 Weed bin die .At gore 01pe kw I help! si t= 1 newt bet 1 it wag I lOW :i sr. bet alai 1011; al* kite illi• did j.lni WM a. Res no man in we bosee—Mae Wit "WWI Oa raj neves must, I beard rate eastsf die time Wile may, " 10 140 r ; he has bod aleogila" •AL ILA Wt J . etteaken antis Mg el*. • A . _ _ a • . n damiser game af She anoNSI maikes his Mon left he oneestion— 1110 o a r named foreir, e for be horee-stealiag. kb it le pro. parragi oldie law TN met nneet • its atutost hugh aslant V. PIIIWTOLD. POW* ?" Tye me sa anima Ow Wm_ impetnosinsent. Plea. Net Guilty. to Ide bed for ye Ationtriona seadnalediheplaietire am, amt Mr. Sergeant • mike! ma UMW t he egamdmica. heinight. H Ile we was dda t—The delhadeatt wiee moose of the work. mesh mare bow et gosibesene. whieh readeoll.ereemes of ewers' stied Mime an . i t i set, edit the semslo fieesl.l4" amemetly t m e d li dim iimereanlert. The pompon Imihneelrnmed **of initheedt- whethe m em. ord ofdseem oses Ward Martha oeillrery west of the it wis h sown A mows awned De. 1011 WM adored by the ne. Mum becans sum "PI wall IMO* Mervind Mdo,acedeon. by die resits Jen* Integer la us awn* semenVire *kW Wilke ; hot MY Wags or his e st kerb, she lOW 10114 be dirdisoasi a pee her ander rho waif side, w m ama ads, meldienne_ lames. whim. k was In be had ivoi t fur, PON* dbardatMeimaklanifa of the aitakeenmamehmiii la Ow blerM to tl w ee r pormithins. the Oak muyeas molted * body met of an Mr. o w sow. emsolied the dellmileskamil Mimed the weletan. The mad Wing I , o ,, s eg bring ape of the sew salve in 'Me ponseedlog, was he heasein ulna Whet a mserhuote, aeaVastribd fee trial at the See.- net prom who ewes. Maw he was afterwards asipeleted, and now beenght the pre• their identity mu. Om. • they would • le Manor. evidence was adduced to showslat the plaintiff hod twat—mark ! b u s Out of tech disorderly eoldiret, as in the opinion of the them. bet ii L ei mot Jorge;janilllll dm defendant. Judge was in rise joy, wafer the Leaned Judge's direction, laud for the. he had no oil erfeakim. • farts of this a is a amps sualialf ASSIZES—CHOYDON, Fashaw, Attn. L blood, and as • pity that wl Thelf#Sitrilio codeity e b .d a y, berm load they did not w o rJ y= en dm rod Ih. Boma fiaamtaa on th ere , low an de Owen Ili • have aometh, The rt a Y i ta i twof= e lllle asperity of the" thel loth de Nr per awe. oa die then are 26 man. should deans mewed he NAL Firm-amt. . out lad it in ...a...wt.. as ...moron pormnia annum... maw %am. Gonalli I. tray err Me first week. bliss Morris had as oppertesuy of seeing What hap. NOR7'H ERN CIRCUIT . petted in the passage. --umaw-.- Croes-examined by Mr. TAUNTON-I think it was Lord Lee. OtltliAil ASSIZES, DURHAM, AUG. S. nox who pulled the wig eft I was near the staircase, gad saw a hand puff it off, but can't asy whew; the 'due gendestes thee at This lay, Mr. Justice BAYLEY left town to Open the COMMih the foot of the stairs. skin at Newcastle.upon-Tyne. (Whilst the witness was under eitheathedon, M. Fldllips ob. CIVIL SIDE. served some persons smiling at her, and thew the athessise el the Before Mr. Baron HuLt.oce4 Court to the circumstance.) . TrIGIIMOUTIt v. TaVLON. Miss Mary Ann Motria--I recollect prised? Intl the Woe In Thia was an action brought by the plaintiff, formerly a pablican the house on the 13th of March. being *so is the Modes ander et Durham, and now a prisoner confined for debt in Durham Gaol, .ilr. Judge's apartments. There was a seethe-of pseud pride. against the defendant, a brewer, to recover the amount of certain men. sod I went dp stairs to Mr. Judge's door, sad grist sh pi i n , deficiencies in the measure of the casks supplied to the plaintiff. but it was fastened inside. I heard distinctly the .is. of Mr. The plaintiff, in a • long, desultory, and rambling speech, oc- cupied the Court foe a considerable length of time. Judge. He is a slight thin young man. I heath Wend Berke. _.........„-__ ley repeatedly say, " Ythaltherve it, dir," w bath* him with . , . - &g i g, rs ,„ This evening, about eight o'clock, Mr. Justice Bayley ar- s whip. I heard at i , mid? . .. m a. 16 4 An is NORTHUMBERLAND A SSIZES.-NEWCASTLE, Atm. S. I la t est Sergeant were then living. Math end Redithith vi- sited them. On hearing t - Mr. Judge come out; ' Jr` • - it .. his rived in town and opened the commission. We have not been able . face streaming with blood. ' K „ pis, ... ~„„,„ to ascertain the extent or nature of the calendar ; but we have tin. i „,,, iir d u ', ggreteisd It to be light, and the civil causes not to be numerous. when one of the gentleman Mok hold - • - ...r. +sir.' ldalttsse-wersthiseell , • and - AUGUST 4. Colonel Berkeley lashed him with his .IS • • le •Thinaritrohryt. Mn duthiegjlowsse.thdille. Basta klittxt.ocx in all directions; some of thegYhie hin.g ihe ug h _ the 1 *, attended divine service, aud'efterwardi proceeded to their respective emitted quite a foot long with blood , corroborated C° 1111 .• Itolik the statement of the preceding w ~. .Mii:" i ' aluit have e- e rested on the sofa to have made . • flit pas LAW INTELLIGENCE. upon it. • • .._............_ John Brown-I am assistant to Me. sad Ma Wed In to VICE-CHANCELLOK'S COURT-FaIDST. attend Mr. Judge about three rick* qp t 14th Ala last. He was very faint, and had received several severe Ms,. rak. xia, IIIaDDETILEY AND OTHERS V. VORICItoY. face and head, and one more particularly over the tie. 1 mesh This case has already been before the public. It was now heard swollen. He could not bear to have is washed. there a very -in an application to supersede a commission of bankrupt alleged heavy lash from the corner of the eye to the lip ; the skin was tut to have been concerted between the defendant and his father. There was nothing of interest or worthy of notice in this case, except that though, and part of the lip was di v ided. I went to a surgeon, who directed leeches to be applied. arising from the vast number of affidavits filed by each party, and Mr. Stephen Hempstead M surgeon at Cheltenham, at. the greater part of which were in direct contradiction to each other. e t & tended Mr. Judge at seven o on the eveniag of the 14th of At the conclusion of the argument, his Iforrou a observed, March. At that time the 1 ' 'were applied. The eyelid was that he considered the trial by affidavit a most unfortunate and unsti- swollen, and considerable infistlantelks• about the !re. i did not tisfactory one. It led men to expose themselves to most extraor- then see any mark on the ball of the eye, nor could I form a de- dinary conduct. He was unwilling to come to a conclusion upon sided opinion whether the eye could be laird or not, as the intim. affidavit, unless he dearly saw his way. lie should therefore read . nation about it was then very considerable. On the following the witoleot the affidavits attentively, and communicate his opinion 1 morning I examined the ball of the eye. There was still consider- on a future day. At present he felt a great leaning towards the ; able in liarurnation and some opacity (cloudiness) on the cornea idea that the commission was a concerted one. I (transparent parts of the eye). It was what is termed a haziness. This case occupied the Court the whole of the day. ellnements of knowledge would now be mit liable to ingasousautm. There welkin for a mod must feel ; and the more such an individual is in possession whose presence this took place ; I wal produce Co you the trout Mho Ante, which the defend- long wilds, 1 few. a slight mark on it. of his seine and-remon, the more painful to him must be such an in. broke open the closet for them, and the respectable clerginsat who [ impunity and trample Croat-examined by Mr. CAusIIELL—It was is 24111 be nucleation. It ism this &Mount alone that I call Mr. Frank info , - witnessed 31r. Bellamy's cond u ct. Theo have I not prated to yod will con sider the effect of called on me; I never saw him before or since. ' donate. Look at the meet an individual thus situated—figure to that those whom you thought to be your friends, are cot Meade... me such sheat' be the Mr. Casio , amt. L—l think you have been put to mall 1•Mefoo. seas who stay, up to this moment, never have been be. you believed them without proof, but I bring proof of all I say. t some one of the pea. nience in coming here. et Ms Mishotol ding—look at him exposed to a Therefore have I not proved of them what they eithet conld not, or t and there commit out. James Wharton—l am a saddler in Cheltenham. and Mildinee cilmslop.oe Mars ids_. life and his history explored —every did not prove against me." You may easily understand that I ens 'erdict induced me to do two gentlemen calling on me to purchase a whip. Some of this wham gy thee we reiterated, and not only reiterated, going to call witnesses; that I am going to calipall, the Rte. Mt- t into lour house ; I did said those I had were sot bratty enough. They school for sJeliay bons gad parvenu--then commented upon wi t h much Norton , lord others, to prove the state of Mr. enemy's mind, ou Berkeley did so." Sap. wh ip. sad laity amidst sunhats of persons, and this, too, at learning the news that Mr. Frank and his wife bad been again rel. rut ; aught he ‘. Ma Part.tars.—'l`btops that sinsieliotes bent 2—Yell ~. • dissorbsotico very individual himself is but in the prime of life, conciled. We do this to show that we have sot fallen ots wakes I fee I - was untibk - IfirriesaL-1 lasoortibraliciiiisaboateonow and an tours, most_spositive and rock', ana foundered in our case, as they may hart imagined. Mr. ; but why do you accuse Lennox was the other. They looked om the heavisee i al ire ft ivy for an smith iki Wi 1211111141 \ Belluny sod thi wife Wawa be ealledbrol, Is tiMlspaimorveche d. I did not attack roil they did not get a heavier they would return and tokeit c Owy d . things detailed jury of his country, and there made ruin of law ; but happily for us, and A* algoogsge levities, Mr: er day for a few pounds. not return. the subject of cans ng and unblushing comment, and after. Bellamy's evidence forms not an integral part of the cafe. Mgr to me." It would be, 1 This was the case for the plaintiff, wards, day after day, aa they transpired, published to the delusion ascribed to him was, that be thought Bellamy his enemy, erstand Col. B. means to tWe regret our inability to give the intervening radon of this whol e work—but then, what was still worse, the individual and wished to get rid of him, but there was no delusion In ibex. libelled by the plaintiff. trial betwixt the conclusion of the plaintiff's east and the summing himself to have to undergo a bodily inspection, to give a bond for he considered Bellamy his enemy. Suppose a man had learnt yen irritated by reflections up of the Learned Judge. Owing to some accident which has as it were, in his own person, to submit to In his own life tints, th at a horse had been stolen from him, end went to the stable where the others have ? Have , operated to intercept our expresses, this part has missed reaching what many have a rooted antipathy, that their bodies should heunderstood him to be kept, and the hostler refileedhim admittance, manly part MI et took in , the °thee up to the time of our going to Press.) be submitted to after death—to have his geSILITOS and expret- w ou ld t h ere b e any delusion in the man still thinking the horse to bh /1114SIORD ASSIZES, *lustre's, Atreus? 4. inannikk. Justitisßanaotron nod • Speen Jury. $l. JUDGE AND COLONEL BERKELEY. man' TONSWee /VIM v. COL. atalltLXV. I.OID 11711111 IL '''.llllllnom, Amn.anetwr CAll meageOrirs, yen.. Wyse inlays boatried at tilaucaten weg q s be , went, 46 , m * o 114g i://dissen, 6lB.4 en =lawn giihrrin meneeiwie • see Wiredn Joanne*" *On, IMO die Inisenne • , he Idlanwee eleste! Minn* in it. thew.sbe c o n woad ergots* wont net greands Intl Ware doss le 1 01001 Illetbla.* .dhisentl* »k riego bens an/ mu doe amyl We *us dld ea Web War intim innting YU an made* ta atom w theleggs end rod/even of Ole and We neldltbstenien asaisel seisms the result. list and bane emend . rmid sv. s i l e rbreit= Juror, and $ wet re . Me. Ice' is t aunty; hairline anewered la AI ad Ir. C. PWlLt.rfe, leading coaseell him, and said, " I sok yen, as s sett ar=grr made say declaration periodical to ay Man. sespeedig shim was: ?.. • sir. Cann the emerna anebad by the quoits bad di an elena4 yea.. alllTOlrlbre ind maid me Omaha was nagt unman with swear 11011•1 Me. Janne. Saniteneens..The tobjesdes is neat certainly an. awl; bar I ear ewe that the gendemems. if be made say each de. densiem. weld bine Y ebessena N Nast se W. ▪ l'atti.t.tes—l sea epi an 1 haws bees lanzactni, Sir, On yes bare made • straits detdseetiew. sad as • area etc honour, I Mast yen erMi ear whether yea knee at rt. deep It. wmia Pe oaf al% I am IngertlY Widedi and, as Wee boa se grimly misinformed, think it yag dual base my nattbarity, It. Thillne here was banding • Wyse was dm table to lie. Synend- lk.Joselee v*l leagroven shinned is Weise se. lk. sib. r, LAI* I emir.. Ur. ymentde be Amid hews die ty. (Adding . Spam& ;a an and be • " yea It idle: the MaL Th l e r. felbtril Jury even s Dinah Jain re=sa, Thom Ssegne, 10 ceipos. ei g z int 1 7 si rebase Pageb'' Tate sillaneas won The Poems ailirased the Olen. nod bolted It i w a r e rtil ed• nisi with what he end nopeang the dory aping Liu Be. Plc SLLPSO4 tat parted* landged with Is mimilortTlll bit . • Locaaaa. opened the pleadings. Tice deelenethin stela this was en aideu to recover compensation in dextrines for as wan eard,hatiery. committed by the defendants on the person of . the Seising. at ha house at Northdeid.plaee, on the 14th March be; the, laving then and there struck him with • whip several Noy blows on the head, itc. with the bumend and lash, by which he was muds eat, &c. la the seeped count there was an averment, that the defendants forcibly and vioiewdy committed • common assault. The da sages were laid at &ON/. Mr. Preitt.tra-51sy it please you, my Lord. and Gentlemen of the Jury, as ye* have ward the nature of the charge upon mitt you ate imrreneUed, it becomes my duty to state at boob, with web eireerystione as I shall conceive to •be neces sary. the facts if this ease. In the outset. I cannot help express tag toy deep my" at being obliged to unfold its details--my deep regmt, that an the performance of my professional duty ham to detail the pa:treelike, of ai atrocious, a brutal, and nn manly startle j arr °Orme, which not merely degrades the Sena implicated, but the entire clan of society in which they here been in the habit of moving. Bet to you, gentlemen of the Jury, I look with some degree of confidence, and trust, by year verdict, that class will at least be vindicated from any par th4ston in sash conduct. I will now give you the state and °marital of the parties in this case; the plaintiff', Mr. Judge. is the editor. and, I believe, pan proprietor of the Chelten has !mow! ; amen of some literary attainments; highly educates', and though not so highly Wines some of the defendants, I boldly • there was never yet a 'tato placed on his character. Of one at the defendants, Mr. Hammond, 1 know little, but that he is a , gestientan of fortune, residing in Oloncestershire. Of another, lord Smut Lunn, I need scarcely describe what he is; a gen theso in high station ;•a Nobleman; connected with a ducal b , ;11 , , being sou of the late, and brother to the present Duke of It:emend, and I believe possessing largely of the fortune of that fezt l l- Of the third defeddant; William Fitthaidinge Berkeley, but perhaps I should rather call him Colonel Berkeley, though eierminly not entitled to that honourable addition. from his share in tois tremaition ; he is well known to you t he is the proprietor of Berkeley Castle, and at the head of 20,0001. per year. These are the parties on the record, and I shall now give you the particulars td this cue. etch. at a man and a gentleman. I must designate as the most o u trageous. the roost net s dons in all its parts, that ewe mimed. It woad appear that Col. 8.-and I name him meat, though meat certainly he - is not the most criminal, in the atrocious uaniacti,m, I feel the canduct of the others to have been by far the worst, and to have been "such as to-place them below the level elt halm minutes. ea . B. was offended at something that was p.ttillshed in the paper of which Mr. Judge was editor; on this be ail not thitk 'proper to revert to law for redress, but with the other Clendants he thought proper to go to the house of the plaintiff', 114 commit this nutty e. They went there in the moat disgraceful manner, actually skulking behind corners of streets, in lanes, and in enrages, as will be proved in evidence, deliberately sad easily trepan for the moment whet they could execute **WIN I='• Per. Lord Surma Lennox went abbot two o'clock W the acs inquired of the maid. servant for Mr. Judge. The mid — a he was not at boor, and subsequently Lord Susie* Lanes ra► lotted to an expedient degrading to his birth and to his station in tactile. lam bsthdrd on that occasion that he told a lie—he said he hats letter (or Judge. He arrived again at three o'clock with a letter in his hand. Ile then went alone, and it will be Prom? that at moment Colonel Berkeley was hiding at the cutter of field-plebe with the other defendant. They were `e -1 0 0 ett en together. This, if any thing were wanting, will rure the plan and co-operation between them. On tuned S. hen nottamvistrat the house the maid told him. Mr. Judge was in his per:our. and he was shown in. On the instant Colonel Berkeley and F. Hammond rushed afmr him. Their entry into the house I t 4l i d on'tdye might be tegal; for I admit they said It was on the 11teSit of she paper they Caine about. The maid at that time rigid Colorel Berkeley say, " I have come for an explanation re _your conduct to me; ' and Mr. Judge's reply. " Who hate I Me honour of addressing'!" " I am Colonel Berkeley." Uwe which Mr. Judge said, any explanation he required he Auhl have at the office. •` No, air ; no, sir. Now, now !" d hese the pliant parry, having closed the door:upon their vie. commenced their operations. Colonel Berkeley repeatedly 'lithe' him wi t h hi s whip ire the head, the eyes, and the lace, 61,1 91 blood at almost every stroke. The maid having heant the Baof her master, with the blows of the whip, ran to the door. , to the honour of these courageous gentlemen, one of them ljikether it was the lord or the gentleman I know not) kept it' wind. so that no person could get in. They most inhumanly beet him until they were tired; and as Colonel Berkeley used whip in the manner I have described, whilst the others closed iamoll, that alone warrants me in saying they aided and as sisted an this outrage. The lady of the house, a hits. Morris, alto tried to get in, bat without effect ; and then for a short time W I T! I meal. She overheard one of them way, " d—n 1.1 1-" en ',L . ball Mx goollgh • let him go now." He was let go. b --t •.`""l• he came from the parlour into the ball, sutam ing with load ; wbui, whst followed, think you? After the inhuman tiestrneu which they bad already given the unfortunate mail, wiil yon believe, what 1, though I have it in my brief, can scarcely he "re t Can you believe, that afar they had released him, when ' 4ll g set for help, when striving te get to hit boil, Lord Sussex _ _ r._ . - mow.+~r.frrti~ f~i~~.~~. etal....t, • .~ 9 'MSC -77 1! I I I I 't I j 1; \ I g ~