The Sun. — London, England, 1823-12-06 00:00:00

1 meant dangerous, from the natural effect of the excitement which had been so unfortunately excited. Ile did not mean to insinuate that there was any certainty of an unfair trial, but • seemly that there was a danger of it. Under such circum stances, he called upon his Lordship to secure to the prisoner the fair trial to which, as a British subject, he was entitled. lie WAS not aware that he could offer any further remarks in ad dition to those so ably charged •by his Learned Friend (Mr. Andrews); but it did appear to him , that he c ould not sit down without most seriously calling his Lordship's attention to the .ittiation in which the prisoners stood. His Lordship, indeed, fek that strongly when he made the just and true remark in his charge to the Grand Jury yesterday. It was not alone the Jurors so whom that remark applied ; in fact, there was not an Individual in the county, nay in the whole kingdom, to ._whom it had not reference. He was the more anxious to press these observations nip) the Court, from the particular nature 'eef the indictment : I,ordshipknew,.that this was a case from which, if conviction followed, all mercy v, , as Shut out ; the resat was not only easy, of anticipation, but solemnly and irrevocably prescribed by the law—certain execution must speedily follow upon conviction. In the same proportion that tree danger °file prisoners was imminent, did he call upon the Court to pause and weigh the prejudice under which they eeffered. What he asked was not alone on account of the prt roterS, but on account of the public. The administration of tlse law must not only be firm, but also calm and dignified.— tif what vane, then cottld any verdict be, which must be tinctured with prejudice? It could tend to no public advan tage, but to quite the reverse., He implored, then, the Court to put the prisoners upon theirtrial when they could he assured of Having an unprejudiced jury—at least one unbiassed as far the nature of the case permitted—Ruch a jury as, in conclusion, he -humbly submitted, the prisoners could not reasonably expect to have at the present moment. Mr. Currcv faluwed on the same side. He commenced by impressing strongly upon the Court, the violent effect of the public excitement which had taken place in this cause. That excitement was, from the very nature of its operatitin, .general. Who could draw a line in society, 4:which was to set limits to the poisoned, effect of the publi cations which had gone forth ? Who could say where that *Non ceased to flow, or where it had not tainted ? Then how, he asked, were the prisoners to have the constitutional mode of . trial to which by . law they were entitled ? The Jury empa nelled for such a trod ought to cane prepared very difibrently for the performance of their duties. 'When he alluded to the e-prejudice which so unfortunately prevailed; and naked the post ' ponement of the trial, he did not mean to say that the trial ought not to be,speedy ; he desired was, that it should. take place when the minds of' men were ably, coolly, and dispas. sionately to try the indictment. Criminal informations; had already been granted. against those who had prejudiced the public mind against the prisoners. On what principle did these • criminal informations proceed? Upon no other than the pro.. bable influence which necessarily arose cut of the bete which these informations inipagned. This was distinctly avowed in si judgMent pronounced in the case of the " King v. It was the statement of evidence given before a Coroner's Jury, and where no malicious motive could be imputed to the party publishing suchstatement; and where, in fact, those who pub- bests; it deliberately, cautioned their readers to exercise their own cool judgment, and not be led away by a hasty and too implicit perusal. Mr. Justice PATIIC.—What do yeti read, Mr. Chitty ? Mr. Cii IT Y.-My Lord, I was .reading, or about to read, the remarks of Judges of the Court of King's Bench, epon the case to which I referred, and particularly what fell from Chief Justice Abbott. . Mr. IlltitiCe PARK.—You were not here yesterday ; indeed you could not well have been, when I stated to the Grand JOry my, most decided opinion,. that the pu blication of evi denee before trial, of' that which must afterwards comic officially before a jury, and especially publishing with comments, was a high misdemeanour, punishable by fine and imp risonment. I think these were my words. Mr, Cirri" sit resumed, lie knew well, he said, that such were his I..nrdship's seotiments, and that his upright and rea soehig mind would levet the influence of such ex-party im- Pfessiense•, but he also hnew, that with the public ,ut large the :transition from the inflammation of passion to the coolness of reesen WKS, gradual.; Besides, one half the Jury empanelled on the p e eeent 0 :.t lion voightnot have heard one word of his Isirdshtt's charge, and consequently lost the benefit of his hu- Mane and just admonition. It wits, therefore, upon principle that he tirgEol i the .iroteetiote of his client from the weight of .prejudiee which enesirrentssed hint. He did not mean to argue the mere Oleg:ale/ of such publications, but to call the attentine of the Courteuktlis principle upon which they were re- Ar. ostisa3,7layley, also, in the case to which he bed ittre;led, e nlarged Upon the great importance of necuring to prieouer triet wittioat prejudice--free from ex-partr infiu einse, end IA 1147titiv, solely founded tipon whit Khali be heard 'ilia Chief'dustice, uniced, upon the same oC ,CitSioo, entered Meoly largely upon the necessary effect of there ex./HI/1e statertenss, and said, tlitit every man, who fir, a moment retiected upon tile operation of his own mind, when acted upon la they manner, must be itistwely struck with the natural effect this Y produeed, and th its V. probable eonsequence , Struck with their, trilecin ve ha tendency. Still' moremisthievous • roast dims etaternents be, when circulated with cetntnents. :The toqatereent tfif pre:edice was therefore the terinciple upon which informations of the nature he alio& ee to were reminded. • Ile would .hate another case, to ahoy the unfeeliog end unmanly terdency of getting at conclunions by 64014 hasty 'and irregular strides. It was a case in which a snan'S oWn counsel felt it hit ditty to move for the postpone :vent 'Allis trial ) rather than be instrumental to the creation of,an undue prejudice, although that Pyrjudice was favourable to himself. It was the case of " the Icing and Jollitib," dth 'Term Reports, 9 4 15. The cam there was an information which i le a e ve n Amn ia ag ainst Mr, jolliffe, for a misdemeanour, title tete:m..l,4lg his functions as It magistrate. There was an eel - datit, that three days before trial, the defendant gave the ludi vidual three or four printed papers for distribution, which were calculated. to create an ingression favourable to the interpreta tion of his condnet, and to affix an imputation upon the pro secutor: In that case Mr. Jolliffe's own Counsel applied for a • pesonmement of the trial, and Lord Kenyon entirely concurred in, the propriety ofshe grounds which were urged on the occa pr.t. haw highly aggravated wail the present case ? (In the %evoria , of this overt , Month in the town in which the J ud g es were et't . ,e present moment sitting, publications violently pre judicial ei the prisoner); had been disseminated. If; therefore, inStend of the precedents being many and with him, there had not been any e lhia he would lay was the cane which ought to Illa!re such it precedent. No upright Judge could hesitate to adiTlit such a precedent. Mr. Justice raute.—What is that case in Burrowes ? . Cit IT Tr said, there were several cases in point, where the prejudice , was 'much lest than it appeared respecting the prisoners at the bar. There were here publications on the 2EI of December, which were circulated with g'reat activity through out the county ; 10;090 at kest might be mentioned;' and con - siderings that such publications were lent front tenet to hand, it whet fair to infer that these 10;000 publications lied had upwards of 40,000 readers. How could it fair jury be empanelled under • Such a 'wide-spreading excitement. • Mr. jttlitiCe PAlLL.—Consider this—suppose the trial Were pot off for a Month,' what reason have-you to suppose that this - prejudice will cowse? Mr. ere. Y saidlhat their effect would balm inished by the gladioli operation or time : the public rn!nti would recover and improve by reflections--a jury would appeal to their own fair and unbiassed feelings. Indeed, he was convinced that the present jury would rejoice at a postponement, which would mkt: their verdict more satisfuetory. If he could put the question to their ova breastnelui knew their answer would be—" For God's sake let there be no supposition prevail against us : let us not put public justice in peril, by trying a fellow-creature while sneh a feeling is afleat," The &Iva arose both ways-=lst, to the' prisoner, lest he might be sacrificed to passion; and 2dly, to the polite justice of the country, lest a .Tury might withhold a vtirdlet of conviction to escape the Chance of having their motives, suspected: A short delay would obviate this serious evil,,...tlere would then he the reaction an well as the action of the' public mind. Such was the case in the trial of " the King v. 11,lead," of all the particulars of which I have the fullest re collection. Mr. Justice PAlt X—T thought that case was tried at York, Mr. CIIITTY replied that it was, but sonic motions were sub sequently made in the Court of king's Bench, in which he was coneerned with Mr. Jones, and he was therefore ucquainted with the whole case. In that case, Mr. justice Ilolroyd most unque,ationably admitted and enforced the broad poli rinciple for whieh lie was now contending , and said, `'that although it was mos t important that charges of a crim inal nature eh' mild be tried as Apeedily as the interests of' public justice permitted, yet still he thought it highly important that judges shoold attend to what would secure to the pa rt y accused a fair and impartial trials not, indeed, that is corrupt motive might not be Liss - 1104 fiat that the excitement of passion should be avoided in the certain admistration djustice.. It was important that of verdict should not only be just, but satisfactory to the public mind: hoe , was such satisfaction to be assured, unless the'motive for the Verdict were as deer as day ?" Lord Coke had also ably and truly said, " that it did not follow though a trial was long nostpontal, justice was delayed." In the preseut case the most abominable excitement had been practised. Not only . were the parties held out to the world as directly implicated in a cruel and deliberate murder, but motives were directly imputed to them for their conduct, and they . were described as beini haae c ou spirators: The vilest:fabrications were made to destroy be fore trial the character or one of the prisoners (Thurtell). 11 "false and infamous anecdote was circulated, of his having, while an officer engaged in thii service of his country, killed'a foe at the siege of St. Sebastian, while yielding and sinking under the agony of a mortal. wound. Was not such an anecdote cal. cutated to arouse against the prisoner the vehement indignation of every British heart ? (Here Mr. Chitty evinced an emotion which for the moment affected his utterance.) Then, again, came the deliberate and infamous story of his having provided an air-gun to assassinate Mr. Barber Beaumont; and dumb: bells to murder Mr. Woods. (At this momentlthe Court was interrupted by the rushing. into the gallery of four or five persons.) Mr. Justice leanx ordered them instantly to withdraw, or else he would commit them ; and if he had adjourned this com mission, he assured them, their imprisonment would last a month. The intruders were with some difficulty ejected.) Mr. CHITTY resumed, and recurred to the danger of these inflammatory publications. No man could, he said, calcu late upon the extent of the mischief which they had caused.— While under their excitement, no man could act safely as a juror on this trial ; anti when such was the fact, what danger arose from a short postponement, to allow pas sions and prejudice comparatively to subside ? The prosecu tions which had been instituted in the Court of King's Bench would correct much of the mischief now in operation, and give a salutary lesson to the public. The novelty of the occurrence would wear off—the influence of the day would be mitigated, and the excitement of crowded audiences by scenic exhibitions would :pass away. He implored the Court, for the sake of public justice, as well as in mercy to the prisoners, to yield to ins solicitations. Mr. Guneuele said that he was not at all interested in the success or failure of the motion' which had been made by his Learned Friends. , Ile appeared on - this occasion only as an assistant, whose duty it was to promote, calmly and dispassion ately, the administration of justice. is Learned Friends who were concerned for the prisoners had moved for a postponement of the trial, which Motion was founded on three grounds. The first of these grounds was, that the prisonei, Thurtell, could not now come to trial fully prepared, because sufficient time, and a proper opportunity for arranging his defence, had not been :tr ended him. To this allegation a plain statement of the circum stances would give a full and sufficient answer. The prisoner was committed for trial on the Ist of Nov., and it was not until the 12th that any application was made for professional assist ance. On the 13th he was visited by Mr. Jay; and on the 14th,an application was made for the admission of another professional gentleman, which was refused. On the 19th, a motion was made in the Court of King's Bench, for a rule to chew cause why Mr. Fenton, the prisoner's attorney, should not have free access to li;ene The Court immediately granted a mandamus, directed to the Magistrates of Hertford, anti calling on them to assign their reasons fbr the refusal complained of. • The instant the application to the Court became known to the magistrates and even before they had acquired that knowledge, complete access was given to Thurtell's attorney. Let it not then be supposed that the same means of defence were not vouchsafed to hint as would have been given to any other individual under the same circumstances. Another ground of complaint was, that one of the magistrates had attended at the gaol for the purpose of enabling a witness to view theprisonec, fur the purpose of iden tifying him; and also, that it was proposed that the depositions should be read over to the prisoner, to which proposition a de cided objection was taken. Now he would say, that a more unfounded or improper complaint could not have been made— first, because it was beneficial for the prisoner that he should be made acquainted with the whole charge that was brought against him; and next, decause it was essential to the ends of public justice that he should be identified. The conduct of the magistrates was dictated by a kind and humane feeling. • Mr. Justice PARK, without meaning to anticipate what the bearing of the Learned Counsel's argument might be,must say, that it was extremely improper, on the part of the Magistrates, to act thus. Doubtless their conduct was kind and well in tentioned ; but it was certainly wrong. Mr. GURNEY proceeded.—He now came to the third ground -namely, the ill effects which the various publications on this subject were likly to produce. He entirely agreed in what had fallen from his Learned Friends with respect to the nature of the publications which had issued from the press on this occa sion, and which had been so properly commented on by his Lord. ship. It was impossible that such publications could leave the utinds of those who read them in the same calm and quiet state ect which they would have been had those publications not gone forth ; and be coincided in the opinion of his Learned friends, when they observed that care should be taken, not only to administer justice, but to administer it in the most satisfac tory manner. His Lordship knew it was probable that he might be called on to sit in judgment on this case, and theiefore he had abstained from perusing those publications. But he (Mr. Gurney) was bound by no such restraint. Ile had read these publications, and he had read them with the greatest pain ; for he well knew that it was impossible that such productions could issue from die public press without creating an effer vescence in the public mind which might possibly defeat jus. lice, but which, beyond all doubt, most render its administra tion less satisfactory than it would have otherwise been. lie re. collected the case of the King v. Fleet," which had been refer. red to by his Learned Friends ; and the Court stated at the close of time case, that it was fitting that the publications which were then complained of should be laid before the law of ficers of the Crown. If that had been done, which was perhaps called for on that occasion, probably. they would not have seen those publications on which he was now Animad verting. There was no doubt whatever ,that the p ublications of depositions before Coroners, and especially before Magis trates, which were calculated to give an undue bias to the public mind, was, the Learned Judge had said, " a high misdemeanour." Such publications could not be too strongly characterized. They were mischievous and improper. lie felt shame and sorrow when he found that an audience of English men had witnessed a dramatic entertainment founded upon the late melancholy events. He regretted that the audience did not put down that performance at once by unanimous con sent. Ile was concerned when he reflected that those who had brought forward so revolting a subject were not driven from the stage. He wondered how any persons dared to insult public feeling, and to outrage public morals, by so disgusting an exhi bition, at the very moment when the parties accused were a bout to be put nn their trial. He admitted that the public feeling had been strongly excited in various ways; and the question was, whether that excitation had sufficiently subsided, so that the prisoners might aufely proceed to trial. The.latest publica tion on this subject, which was noticed in the affidavits, was that of the 16th day of November. Whether any publications had occurred since that period, his Lordship could nut officially know ; neither could he know, supposing publications to have taken place, what their peculiar character was whether they were of one description or of another. It was not for him to give an opinion on this subject ?, it was his duty to leave the matter entirely to the decision of his hordehip.— If his Lordship thought that the public feeling was stall ciently subsided, so that a jury could come to the considera tion of the evidence widi calmness and temperance (by the exercise of which qualities alone could they do justice), he would not postpone the trial ; but if his Lordship felt that the agitation of the public mind had not so subsided, if he thought that the gentlemen empanelled on the Jury would act under any preposseasion, however created, Ile knew that his Lordship would defer the trial for such a period us he, in his wisdom might deem fit. His Learned Friend (Mr. Chitty) had ad verted to a civic, where the Counsel for the prosecution not merely consented, but prayed for, a postponement of the trial. That was a case where one of the individuate concerned had been guilty of sending forth publications which tended to ob struct the course of justice. If those who had instructed him had been guilty of the publications Which were complained of in this csse, he certainly should not have waited until his Learned Friends had called for its postponement: he would have certainly called for it himself. Ills Lordship was the guardian of public justice ; and he felt perfectly assured that he would administer it purely, without prejudice-or bias. Ilia Lordship would feel that there were parties to be tried for a very grave offence, and he was well assured his Lordship wouldetive them all the protection which was due to them. As far as regarded him self, he would not attempt to take away any part of that pro tection. He should say nothin to aggravate their situation.— All he wished fur was, that justice should be administered, end satisfactorily, administrated. He now left the matter in the hands of his Lordship, whose decision, be what it might, would, he was confident, further the ends of justice, with re spect both to the prisoners and to the public. Mr. Arenarivs, in reply, observed, that the Learned Gentle man was not opposed to - him, but was, in fact, an advocate in hie cause. He had not attempted to struggle against the weight of facts which 1w (Mt. Andrews) had stated to the Court; ut had at once admitted that the publications iu question had created a very strong reeling--had given rise to powerful excite ment—and he therefore censured them in the strongest possible terms. It was inseparable from our nature , Abet publications of the; character should excite strong sensations, and cause a powerful, emotion in the othlic mind; and when the dates of those productions were looked to, he wattle only cell on the Learned Judge to ask of himself, whether the opera tion which they must have had on the mindie of society in gene. ral, could have ceased and subsided at the present moment ? If his Lordship had any doubt upon this point, Ile would call on him to Wok at the crowds which beset the doors of the Courts—. to view the members that thronged the galleries, and who also tilled the body of the Court, so as to render it difficult for threw Professional Gentlemen who were engaged in the cause to per ' form their duties with ease and satisfaction. He had ti - .= Learned Judge's own high authority, delivered in terms which he would not attempt to amend, that " those who dared to publish those polluted accounts were, beyond all doubt, 'guilty of a misdemeanour, and subject to fine and imprison went. When his Lordship a dmitted that, and when he (Mr. Andrews) stated that they continued publishing such accounts down to this day, then he held that his Lordship's opinion must coincide with his own. He contended that those were mischievous publications, and were likely to lead to most mischievous effects. Why was the publishing these accounts • treated as a misdemeanour ? Because it tended to mislead the public mind. In this case, confessions had been published that never were made ; and which, even if made, should not have publicly appeared there with the Name of Thurtell.' or Hunt signed to them. Had such documents been introduced to the Court, his Lordship would not have allowed them. to be read., Why were such publications sent tbrth amongst the public? Was it to advance the ends of justice ? No; it was for the dirty, paltry gain that belonged to those productions which every Sun. day and daily paper sent forth so unsparingly. If he could nut procure a delay of three-or four months, •he should gladly re ceive any postponement which hia Lordship's charity, con sistently with his duty, might incline him to grant, He ap pealed to his Lordship's justice, and to his merciful exercise of the power with which he was invested.' Happily he felt that he had the pleasure of addressing a Judge equally venerated for his moral and religious feelings as for his extensive legal knowledge and his great ability. He confidently asked . for this delay, because he was convinced that it would answer the ends of justice. To promote those ends had been his Lordship's constant and anxious wish ; and a compliance with the request now made by himself and his Learned Friends would raise still higher the exalted character which his Lordship had ever maintained. Mr. Justice PARK said, this application bad been made on long affidavits, and was formed on two distinct grounds.--. The one was, that sufociont time had not been given for pre paration. 'Phis, however, was not the fact ; for snore time had really been given than was usually afforded. They all must recollect one of the most atrocious cases of murder ever perpetrated in this country, where the offence was committed on Monday, and the culprit was executed on the Monday fol lowing. It was not stated in the affidavits, that any one wit ness could not be procured, or that proper assistance could not be commanded, on account of the shortness of the time, and therefore lie could not on that ground accede to the application. —With respect to the arguments of the Learned Gentlemen who had addressed !tiny on behalf of the prisoners, he must say, whatever might ultimately come of this motion, that he thought the cases quoted did not at all apply to the present mat ter. The proceeding in the case of " the King anti Fleet" was merely that which every , man who had read a law book, or who was connected with the inns of court, must at once recognize to be established law. The application was against a printer, for doing that which was now complained of—namely, pub lishing certain prejudicial statemente, and the Court acceded to it. Again, there were the cases of " the King v. Follett," the King r. Grey and another," which was tried before Mr. Jus tice Ilolroyd ; in every one Of which cases it was to be observ ed, the guilt of the publication and dispersion of the obnoxi ous papers was brought home to individuals connected with the prosecution. In Follett's case, an attempt was made to preju dice the minds of the Jury against the defendant. The same might be observed in the "King v. Ray;" and with respect to the " King v. Meade," which was tried before Mr. Justice Holroyd. The circumstance to which that Learned Judge's observations applied was, that the publications, horrible as they undoubtedly were, were clearly brought home to the prosecutors. He endeavoured to pervert the course of jus tice by publishing placards in the city of York, and by . in. setting gross libels in the newspapers. In these productions he asserted that the Governnient was oppressive—that the Judges of the land felt no disposition to do justice; and that every part of our establishment was corrupt. In short, a greater body of infamous charges he never saw brought for ward than was contained in that case. It was a case of a wit ness for the Crown who was defended by Government ; and all these publications were issued by the prosecutor to cor rupt and prevent the due administration of justice. There fore it was a case wholly different from the present, since it was not pretended that those by whom this prosecution was instituted were at all connected with the publications com plained of. He must here take leave to say, without mean ing to reflect on any individual, that he did not think it was a very wise thing to bring all those papers immediately under the observation of those who were likely to compose the jury. If their minds were strongly excited by those publications a month ago, surely they were calculated to make a deep.impres sion now, and therefore ought not to have been again forced into notice. Ile had said yesterday, and he would repeat it to-day, that nothing could be more disgraceful than publica tions of this nature. The trial by Jury was the great palladium of public liberty ; it ought to be protected, and nothing should be tolerated that tended in any degree to weaken or impair it. If, on account of the pruriency of the public mind, or if from the desire of gain, publications of this mischievous description were to be sent out to the world on all occasions, however grave or important, justice would in the end be defeated. Thera was a circumstance of considerable importance attached to this case, which he could not pass over. If the trial were put off, the prosecutors would be subjected to an enormous expense ; for he observed the names of no less than 55 witneesee en closed on the bill, whir had been brought here at a very great expense. Still, however, .he world say, that no idea of expenee , that no apprehension of judicial labour, should interfere to the prejudice of men who were placed, in such an awful !situation. Ile had no appetite to try this cause, but still he would take care not to shift the burden from his own shoulders to the shoulders of others ; and if he put off the case now, lie cer tainly would himself try it at a future day. He perceived very plainly, that the same difficulty which was now urged might be urged with equal force at the next Assizes. It might be stated then, as it had this day been stated, that those improper publications had been disseminated through the country, and it might be asserted that a new Jury were likely to be infected with the same prejudices, the existence of which was dreaded at present. All he had to say and to hope was, that those who presided over the country, for the guardianship of ju dicial justice--he meant the Government--wouid use their most strentious efihrts to prevent that horrible delay of jue tice which was productive of so much mischief. Consider ing the greatness of the delay,,he would nut put off, the trial till the next Assizes. If those people were, innocent, as he fervenly hoped they were, why should. there be such a delay of justice? Why should these special cotnmissions be ap pointed at this unusual season of the year, but for the purpose of 'arriving more speedily at justice? Sonic of the causes which occurrea were very proper for a special commission. In deed if there were no other cause to try but the present, it would very well justify such a proceeding. Ile hoped and trusted that something would be done to prevent the evils which he had yesterdity alluded to as. arising from publications similar to those which had been recently brotight under the notice of the Court. Such publications might injure the accuser's in a way which he would not state, and they might likewise inflict injury on the accused. This, however, lie would observe, that in divulging to the accused all that Might be said and urged against him, you imparted to him a very considerable advantage. What, however, lie lamented was, that by . allow. ing such a course of proceeding, justice was impeded—justice, if net defeated, was retarded, and therefore it ought not to be tolerated. He trusted that those who had erred, doubtless without intention, on this occasion, would consider the cruelty of such conduct towards 'individuale, and reflect on the evil they were committing against society, by adopting a system, the tendency of which was to paralyze the efforts of junice.— Having said thus much, he would now adjourn this Commission to Tuesday, the 6t14 qf January next ; the prisonces at the bar most clearly understanding, that he would not, when their trial came on, listen to any grounds, similar 'to those advanced this day, for the purpose of procuring a farther postponement. If they attempted to put off this trial again, it must be orrnew and distinct grounds. The court is now adjourned to eight o'clock in the morning of the Grit of January next, then to meet in this place. ". The Court was about to break up, when Mr. Andrews spoke to his Lordship in a very low tone. Mr. Justice PARK thanked the Learned Gentleman for bey ng reminded him of a point which lie had omitted. It had /been supposed that that which passed in a Court of Justice was not en unfair subject for publication. But where an affidavit of the description of that which had been just laid before the Court was produced, repeating all those reports and rumours that were complained of, and which had formed the subject of inquiry and discussion during tine morning, it was to be hoped that it would not for the present find its way beyond those *ails. Ile trusted that the feelings of humanity, of kindness, and of tenderness, towards the accused, would Induce every one Who was within the sound of his voice, to disclaim and to with hold such a publication. The prisoners were then removed from the bar, and the Court adjourned. . Thurtell rose before 0 o'clock yesterday morning, was shaved, and dressed himself with perfect composure. Mr. Jay, his so. licitor, lied sat up late with him on the preceding night. Mr. Wilson, as soon as Thunell was dressed, informed him that some idea (improperly be believed) prevailed tha t his ho s tility to the prisoner Hunt was such, that he contemplated, by act or gesture, to assault or insult him, when they met in the dock.-- M r. Wilson added, that be had no d esire to crowd attendants upon the Prisoners in the dock and therefore he hoped Thurtell p would relieve lihn from the neceesity, by he_ hop . bis word that he had no intention of molesting his felloiv-prisoners._— Thurtell instantly complied with Mr. Wilson's request, and said he would not on any account commit Mr. Wilson by tak ing any offen3ive notice of them. He kept his promise, took saulfoccasionally with Mr. Wilson in the dock, often asked him the hour, as if tired. of the legal arguments of his Counsel ; anti the only remark lie made while at the bar, was upon hearing the sound of sonic men's Voice who was crying ballads in the streets : turning to Mr. IVilson, who recommended Min not to distract his attention by listening to any noise outside the Court Oh ! I dare say it is the last dying speech some fellow is h crying." On his way back to the gao l in t he c oach with" Wilson, his attention was struck with the'crowils in the stre e t, and he said, " What a concourse of people are here !" He moved with a steady and aimposed air to is part of the p r i son ., and Probert and Hunt were lodged in a similar manner in their respective apartments. An attendant carried in a bundle I tied with a silk handkerchief, the quantity of newspapers which 1 Thurtell had in the dock. Some doubts were now entertained as' to whether Mrs. Pro- ' Bert was to be sent back to St. Alhan's castle or to be bailed. The Counsel for the prosecution were consulted, and we un derstand, with their sanction, as well as that of the Magistrates, 4 t ioil that she was . permitted *go at ha , e on finding sufficient sure ties. Her bail were, Mr. Thoma. 'enman, of Kingston, Sur rey, brewer, and Mr. Thomas Hob ,; Mr. Knapp, the Clerk of the Arraigns, took the bail. On her return to the Salisbury Arms, where she hadidined, she was in high spirits. At three o'clock the whole of the witnesses were conveyed to London by the same conveyances in which they were brought clown. Miss Noyes and her brother were among them. Mrs. Probert did not go up with.them. Thomas Thurtell was taken to town the same evening in Mr. Norris's Hertford coach, accompanied by Bishop and his as sistant. He was taken up at the gaol, and saw his brother be. fore he departed. He was a good deal affected, and complained of a violent pain in his head. He scarcely opened his lips dur ing the journey, and was safely lodged in Newgate at eight o'clock last night. LINCOLN COUNTY ELECTION. EIGHTH DAY. LINCOLN, Dec. 4.—Notwithstanding the de. claration of " standing still," on the part of the Purple candi date, many of his friends were not idle, and in the course of the day they polled nearly double the number of their oppo nents. The state if the weather was against both parties, and in consequence the muster, not merely of voters, but of specta tors, wits unusually thin. There was not even the usual cover from the weather which the hustings hitherto afforded. Thyy perished in the storm of last night, which raged here with great fury, and strewed their very slender materials in all di rections about the yard. Nothing remained this morning but the platform and the front railing, with one or two seats in the rear.—At the close of the poll the numbers were-- On the Day's Poll. For Sir William Ingilby For Sir John Thorold - Majority - . Gross Poll. For Sir William Ingilby . 3,703 For Sir John Thorold - 1,464 Majority - —2,244 There is now no chance of the contest closing till the last moment allowed by law. - 241 - 123 --11 S WEST INDIA ISLANDS. We copy the following from the Glasgow courier of Tuesday : " By the arrival of the Agnes yesterday in the Clyde, from Demerara, papers hare been received of the 20th, and letters of the 24th October, from that colony. We have been politely favoured by our mercantile friends with files of Papers to the. 21st. From these we have made several extracts. The colony was tranquil, but martial law still continued in force, and the Courts Martial were still proceeding in trying the Slaves implicated in the late rebellion. Ten of the principal ringleaders are yet absent and unaccounted for. Elliot, the Missionary, has, it appears, been liberated, but charges of a different and scarcely less serious nature, it appears, hang over him. The trial of Smith commenced on the 13th. How far the evidence will bear them out, the next arrisals will enable us to determine. The trial was expected to hist three weeks. Only military men are allowed to form the Court Martial. "'There is but one opinion amongst all classes in the colony, that the Missionaries from the London Society should leave the colony, and their places be immediately supplied by clergymen of the Established Church of England or of Scotland. " The Demerara Gazette of Oct. 17, contains a most import. MO document, namely, the triennial registration of the slave po pulation and the report of the Registrar upon it to the Governor. It is not complete, but as far as it goes ' it is, we think, very satis factory, it a complete refutation of the bitter falsehoods propagat cd against our coloniesby theirenemies in this country. The great length of the document renders it impossible for us to lay any part of it before our readers till Thursday. In the number regis. tered, 50,000 Sfor only so far has the Registrar been able to proceed on account of the rebellion) the decrease during the last three yeara' is only 1675, in a population half of which are African Negrbes., and these in the proportion of 18,259 male.; to 9,745 females, the sole cause that there is any decrease The rest of the Slave Population are Creoles, and it is curious and satis faCtory to observe, that in these the number of Males and fe males are equal. The increase by births is 3026, and the de crease by deaths, under 10 years of age, is only 1,278, which is also very satisfactory. " The Registrar in his Report decidedly charges the Mis sionaries as the cause of the rebellion. When we remember that Demerara is governed solely by the King and Council, and that every public officer in it is appointed by and dependent upon them, we may be very sure that the Register stood on sure ground before he ventured upon such a serious acccusation.— His words are :—" Far be it from me to accuse the missionaries wrongfully; but unhappily there can remain no doubt ioug . h ii, may not ajliviir _to what an alarming eite' ,iey may have - been carried, that eftbrts to create disaffection among the Slaves, have originated, and have long been silently extensling themselves, in and from that very part pf the east coast where the Missionaries have been most encouraged, to every other part of the Colony ; and , it has been assumed with considerable proof, that the present insurrection was accelerated, if not produced, by inflammatory harrangues and letters to the Slaves, holding out false and mistaken hopes of emancipation to them a gainst the avowed discountenance of every such hope, by the highest authority in the kingdom. It would be satisfactory could persons in Europe = who encourage these men by their Very general hostile disposition against West India proprietors, have the opportunity of personally ascertaining the progressive but silent amelioration and augmentation which have been going on in the condition and happiness of Slaves, within the ast twenty years," &c. AMERICAN TEA.—A letter from W. Y. LEWIS, of New Orleans, states, that Mr. MALLET, Of Louisiana, had succeeded in raising Green Tea from the seed. His plantation is near the river Amite. The bed of shrubs is of considerable ex tent. The climate appears to favour its growth. Mr. M. thinks the shrub might be cultivated with perfect success if proper attention was paid to it. A specimen of the Dyson Tea thus raised in the South, accompanied Mr. LEWIS'S letter, and on repeated trial has been found to be palatable and refreshing. The rolling and twisting opera tion upon the leaves, and the scenting and flavor ing by other sweet scented substances, seem to be all that was wanting to render it equal to the article we import from Canton. In short there e ter in citizens is every reason to believe that the United States is as favourable as China for the cultivation of lant. l'h the The o n ly labour doubt of o is, w u l r th otiumr Tea l teo ) fsociety, cannot be more profitably bestowed than in the rearing of this vegetahle.—(Philadelphia Paper.) ST. RONAN'S WELL—The place which gives the name to the forthcoming novel, from the author of Waveriei, is supposed to be situated in one of the islands of the Hebrides. In a statikti cal account of Scotland it is mentioned, that on the island of Ronan, situated about 20 leagues distant from the north-east point of Ness, in Lewis, there is a chapel, dedicated to St. Ronan, fenced round with a stone wall. This chapel the natives take care to keep very neat and clean. and sweep it every day. It contains an altar, on which there lies a large plank of wood, about ten feet long. Every foot has a hole in it, anti in every hole there is a stone, to which the in habitants ascribe several virtues ; one of them, they say, is eminent for promoting speedy de livery ; and each stone h as its peculiar proper ties. Near thi s c h urc h , i t is imagined, is situat ed St. Ronan's we ll, t h ough no mention is made of it in statistical accounts; it may therefore be presumed, that the story of th e novel is conuect-, ed with superstitions of the western isles. PARIS PAPERS. ilioniieur of Wednesday, Dee. 3.—( Ojtial Part.) . PARIS, D EC . 2.—Before mass, C ou nt de Gar den, in a private audience of his Majesty, Pre' seated his credentials as Minister Resident from the Duke of Anhalt Coethen, and Mr. Karcher, Minister from the Elector of Hesse, a letter from his Sovereign, announcing the birth of a Princess, daughter of Prince William of Hesse, his cousin. After mass, the Amhassidors and Foreign Minis. ters paid their respects to the King. At four o'clock the Ambassadors and Foreign Ministers paid their respects to his Royal Highness the Duke of Angoul e m e . His Excellency the Apo. tolic Nuncio compli me nt e d his Royal flightiest in the name of th e Dipl o matic Body. [The Non-Official part contains a long account of t he lic Entry, &c. of the Duke d'An g ouleme.] The day consecrated to the triumphal entry into the 001 of the victorious Prince who h as restored a Iklonarch an d family to liberty, and to the exercise of the rights of his Crown, who has subdued revolt, and rescued a whole peofh from the yoke of an anarchical faction, has been a solem n fes tival, a day of glory and peace, celebrated by' a mog niricent army, and an immense population, united and blende d tog ' timer under the eyes of the King and of his family, surrounded by a brilliant Court. From the morning early the weather had been ai nentain , and even threatening, which did not hinder a countless mall' tude from spreading themselves wherever the Prince , /$ 11() pan ; but the atmosphere happily changing just as the, PO" was entering Paris, amidst numerous discharges of artillery, the clouds were dispelled, the sun appeared, and the woth er became mild and serene. All Paris remarked it, and rejoiced at it , at the same moment. His Royal Highness arrived at II o'clock at Versailles , W heit. Monsieur soon met bins ; their interview was very affecting' s " At St. Cloud, Monsieur, Madame, and the Duke of At** lease met the Duchess of Berry and the Children of FrO ce ' . ,, whom the Duke embraced with the greatest tenderness. Royal Highnesses set out at a quarter before one, in carriagW for Paris; at the gate Maillot, the Duke mounted Isis - accompanied by Marshals Duke of Reggio, Duke of Bar': and' Count Lauriston, by Lieuienant-Gencrals Bordesouller Bethesy, La Roche Jacquelin, the Duke of Guise, and s rnerous Staff. When his Royal Highness reached 14'Etool where the triumphal arch was erected , and where the pr inci t Ecclesiastical, Civil, and Military Authorities were assemble: as well as the members of various congregations, and an 1111 ' mense crowd of the inhabitants of Paris, the Prince tidvanctiV, little before Isis suite, and the Marquess de Rocheinere, 3101, of the Ceremonies, presented to bun the Municipal 1304 Paris, having at its head the Count de Chabrol, Prefect of tis!"' Seine, who addressed his Royal Highness in a s p eech, of 00' the following is the substance : • years the name of war was only a cry of terror, a signal o o f tu ‘ re ; 31 o ° u N r s ec t: i cla " m E a u ti lt ors O a ti w r awaited w yo is u h r es re f t o s l irn w . ea Fo y r ° ll r a. ',l 4 s; Lamity for all nations. The trophies of war become the c 7, 1 , lation of an oressed people ; the volcano of revoluit. closed for ever ;the reconciliation of our country cemente!)eli the eyes of the world ; victory restored to our seamen, ~I _ !?.7c a; as to our soldiers, the glory of all the c hildren of 1' united, in a new faisccau ; the names of Logrono, Lorea ,‘. l o .. of peluna, &c., united with other celebrated names,: the ht,i' c h; which will be adopted by your family, which itentireiy rr uch such, Sir, are the results of this memorable campailt:,. The the task which your brave arms have accompli „ r to we.- Speaker then observed, that the whole city was e n Li tti m with come him, and that the King laurels."—The Prince, in replyr as elp r r en esse dY4l° , -hic- ',l t e i ts c i l u i r it having fulfilled the mission which the King 113 " * ( From 11w Journal des nebats of Trelnfsalli• ) 11 un a cr i, VEC. is two o'clock:a-the crttMon t ffet. Paris has seen hgain, has salutd, has surrounaed with It , logs of love and gratitude the vietorunts. p u ace-aeli Prince. Scarcely eisht months have atpsed, since, l f s to the voice of his bang, he tore himself from the orroa r 7 , l o father, and of an adored spouse, to avenge the cause of iL t o and nations--to consolidate civilization, shaken by r e'We• •—• restore to its Sovereign and its laws a nations alied 31 ;j% the to restore to liberty a King enslaved by faction s, casein name of liberty. In less than eight months (lhe ;don is con mated his glorious work ; he has returned 2 se„ oft;l a nd the quered, and Ferdinand has, elolPV 4-1 ' •, 0 , hire citadels, the rocks dreaded by c our t ;nvincible. waVimmirld sa opened their gates, and the King of Spain reigns vita' over the vast Statcs submitted to his Empire, nee who hsii phant troops return to their fire-aides; and, the Prir t i; on , c r aw with them traversed all the Peninsula, ilk () has turned victory to victory to the last -limit of Merin,: bag Otto coned by a part of his faithful army. All the poPto,tin to Capital had not ceased Co follow him . with its vows tot its umphant course ; all the population rushes fort h I " ) eyes with his august presence. pAnist (F D r E o 3 t e ollis t n o n t e l l ei; or ore lV n ed; A young citizen was killedyesterday by oneof the 110 soo , pet. who was stationed son the terrace by the river sidei l 0104 son,. it it said, had endeavoured to scale the "'sentinel. ", get into the garden, when he was resisted by the F oin u nfortl e at once the young man before stated took part wrir h " ov i n g niits h nate man, who had fallen on the pavement; anti act, in Whfl some remarks on the violence of the soldier's eon; too l to ' A . upon liimunless he Immediately took h i the bye-standers coincided, the sentinel now ties „ m ei ,y lPme: t elti he nr: ; ll " n : r i g en.;l ll ll° l; ;; f man remained ; the musket was fired, and. nivewliZn dead upon the spot. He was removed rv i° ' ji°ll before (still 4, a • b n y n utehmseebnCeinomeflmdwei Commissary depositions w Police t ere c n u se o at d (l e t r e e s this name is Simon. The name of the deceaset the , the he was between 17 and 18 years of age, an Ill y father is M. Stol, a merchant in Rue St. Horioro. tt ~n o , ' keeper of the Hotel des Pyrenees, in Rue SeiPellod,iteeni, ter of generalsutprisethatat mid-day, and during__, . 0 0„ 0 nial, that the muskets should be loaded. Wonoro'otouris:",,,.. state that his Royal Highness the Duke of a d eft w informed of this sad accident, was greatly count of it. 0 (From the Etoile MADRID, Nov. 27.—1 t is asserted that t o ; p on ce, • thagena (3Iorillo) has demanded pass Po rts f have been granted to him. g whole 11 " brig , cf. PARIS, DEC. 3.—The Greek Kostolot •ff o along with Madame Boursier, for poisoning I,.it out of been apprehended as a vagrant, and is to be ;.' FaExcu Ft:Nos —M e ' 60 ° ' 90 5 " French Rentes French Scrip I. of Thursday.l_ roo t .410 TURK E ...........=0.....,.... Y — A AND I C lt io Si i, . treatzth o o f . CON STANTT NO PLE OCT. ‘25 v ." -- rea ' t : : :; . e :::::: t 1 r ; t : peace between Persia b ers ee i n a panucibliittaP.lrtTeheeouelune“ v iir , t' s '' ' ' .4 t t i l oo l r i W kc 3 names and titles of the c J ianii ti ate l tti.,ln y s , e Powers.—The ba.sis of the treaty provides tha i ! ho th el i tiO tul made in 1744, relative to the ancient frontiero ai.,oraier 40, shall be observed, as well as the stipulittions o ', one rri k 4P „„ ll ' aLtt ilo ; r , :z soLl' o ' j l et ', to relative t o pilgrims, merchandise, fugitiv‘.'s, P rl4 ,ecti v `'Sel l ,T Plenipotea ipoiDiftr, residence of Aanbassailors at bed' Courts 1 1 1 ," Orli ot o' places on the frontier of the Ottoman Empirci a 0 to De roe rs; contra taken on both sides are to be restored n'i si oll low t iorPo i and Curdistan, nor assume any SOrt tif possesstsaiteet,t tinvittlbieiodulresetteriflitlli(exwttilixrv.a.ridttiay:iip.:,,iftesti }, first article it is provided, that neither Pow, erroisof $4 ,, ,,,, , the internal afftirs of the other; that li s triet s I) 110 1.:4 meat shall in no wise intermcddle in the „ t „ 0 0 ‘. ,0,r4 sent or the former occupiers of these eountr7i; to . 011 0 0 0 1 as may pass from the frontiers of one „,ttly.,,,soletweii4it the porpoise of temporary sojournruent..lrrcii, to 4 , e it " 6 . 0 usual tribute and regulations. Persian Plig a be tr,r;,,,stl;of .1 1 edina shall be free from all tribute, ono,. `P ) t f1 01, 0 0 all convenient attention according to tneir,r.o; w 0ri: .36 .04,1,0 of both empires shall be liable to a duty (11 4 , in' t" l t 'be Ic i f o lp per cent. to be paid once only. The tr',, a ,. 1 1. 4 it) Py,! ti from Schiraz to Constantinople shall be 1.11;00,0,,.:i..iit i , , ,iij 0 shall pass the Persian frontiers, and giVe r to pre't . : o ll4 l. froi o the Turkish Authorities shall eruleav°thortittitlfillite punish the guilty. If the Turkish AlL si i ho to I,ori V. their efforts, the protection of the l'orte : 41 ,,' re ' e t o tr , :;: j o to til; these tribes. The said tribes turn e' ' A i n into '. 'etdi cj i. selves into Persia, but not to return ;g a g be sPla - t ira i seventh Article provides that there s ,',. rs eye ty two Courts respectively new Anibassauo