The Sun. — London, England, 1803-01-21 00:00:00

• 'l'; • • • ,-. 0 , 71 1 , YP4' Eton 1g other things, enacts ...-.." That if my per. seat or persons whatever, during the natural life tint Sovereign l o rd the ,ki ng ,. an d u nt il the end of the next S ess i on o f P ar li ament a f ter a demise of the Crown, shall, within the Realm, or without, encompass, imagine, invent; devise or intend, death destruftion, or any bodily harm tending to death or. destruction, Maim or wounding, imprisonment or restraint of the person of our Sovereign Lord the Xing, his }irs or Successors, or to deprive or depose him, 'or their), from the stile; iscsour, or Kingly name of the liniserial Crown of. this Realm, or of any other of His Majesty's Dominions or. Countries ; or to levy war against His Majesty, his Heirs or Successors, within the Realm, in order, by force or Constraint upon him or them, or . to in timidate or overawe both or either of the Ho uses of Parliament ; or to move or stir any Foreigner or Stranger with force to invade this Realm, or any other of His Majesty's Dominions, under the obeisance of His Majesty, his Heirs and Successors ; and such compassing, imaginations, devices, or intentions, or any of them, shall express or declare, by publishing or writing, or any overt.aCt or deed, be legally eenviaed thereof, on the oaths of two lawful and Credible Witnesses upon Trial, or otherwise con. iifted or attainted by due course of Law ; then every Stith person or persons, &c. shall be de. elated arid adjudged to be a Traitor or Traitors, and shall suffer death." That is to say, in E t ike manner as if conviCl e d on t h e S tatute o f dward 111. the general statute of High 'frea. have selected, by way of instance, .that Pitt of the Statute of the 36th of the King Which relates to restraint on the person of the heesuse it is probable that some such case May be laidliefore You. I have already stated to you; th 'itao aft she Wing the intention of encom passing the "death of the King, and conducing to Ats ex . ectltion, is an Overt.aCt. of High Treason. rut ail, overt.afts are justly, huita rie l y wisely, and most required .by the Statute of the 7th of dl c. 3. to be expressly laid in the In. accent, in ord e r th at t h e acc us e d may thereby be apprised of the substance o f t he charge ; but the w hol e need t int be set forth and spread out on the face , the Inilittment ; it is enough if it be speci fi ed rith eonven !he v ar i ety of iept certainty ; and when 'this is done, AEU conneded with the charge need nb Itirthet.stated, than as several matters, and r i ill:l YPArtS of the charge, arid included therein. s„, I have S tate d thui muc h of the overt.aC i s of nth 'Nilson, in the hope of affording you some r.!! 41 1 4 WOWS the clear understanding of the before° trteining of Indictments which may come in 1 .tl; fur they will, of course, be couched 4 f ! i tt i ge usual on such occasions, which may not e ar jOIOYAU. I will now, shortly, state what the Law requires upon this head. First of tie' the L aw requires that the alledged crime should saidttied by a Jury of the County i n which it is to be coMinitted, 'that is to say c it must have :fen tithe r i n t h e W h ole , or i n part , comm i tted i n e county I n w hi c h i t i s tr i e d, an d t h at must b e ro ‘ red by One Witness ; for it must appe ar on t h e 2 , 4311 %4d:tie 'return, that some aft shewing the inten. met; Of encompassing t he d e a t h o f t h e Ki ng , ,was Fkilditted within the liMits of the county in whleli !i i ,t,eietli but then it may be follow e d a f terwar d s " 4 11ertPe of any other over;-aft in any other r t rs b{ tie any tither time, for all thi s i s of the Mind intent upon its purpose; and ju24 tv. requires further, that before the Grand Law requires the ()shit Juryi proof of the overt " egtVen ttiro Witnesses. I have stated th iSlaidiar • • ' 1%14 w . i e - of the Ad of the 36th of His present r ers a n7 7 .. .with regard to the preservation of his m 'illGover ent There is ;Mother Statute the nal . Part if" of the King, which provides that the k„, Party 3s. shells in the cases therein specified, char e el trice *inner as if the Party accused was a n l i e ," with Murder ; but I am nit Aware that • y of this kind is to come be f ore you. It 11 unnece ssary fo'i toe to say any thirig flirthet to h er as to the forth of the indiattent, or the num. Witnesses required by Law to prove the a& P u ri t' I w ill, h owever, trespass on your pvt.ienc e for a f ew moments, upon a subjeCt to n) Which Your attention h as not yet b een drawn ; I ._ an the quality, an d pro b a b le e ff eCt of the fads anti citcumstanc es likely to be laid before yotf in evidence. It is iudeed the nature and usual elfe6i of guilt, so far to pervert the understanding of pose who are possessed with it, as to make them brood over the means of its prosecution, and to endeavour to excite in the minds of others, OlVings congenial to their own, and to receive With favour and a l acr i ty whatever offers of assi stance tet may be m a d e to support its own de. stable purpose, without a n y regar d to the pro. tL'aable event ; . slots it has h a p pene d o f ten, that "Piracies have' been detected when i t d eep l y con. cerned_L even the Safety of the Public that they 4 nottld be so. Th at wh i ch most effenually d e . velopes the motives or springs of aCtion in a con. ;piracy, from the very flume of the thing, can only be obtained now, as hitherto it has be e n ob. tained, from those who participated in the same guilt, and aided in the same Council, and who have Ise_ en exposed to the same danger, parties to the Zile design; in one word, who were themselves p° 4l Pirators. The evidence of an accomplice, al. iough unquestionably competent, is at all times to 7.W:itched by sober jealousy and caution, and ur mla. the testimony he of such a nature as to carry It_uth along with it upon the face of things, or con. Lamed by other evidence, it affords nu satisfactory Vitilnd of conclusion on either the life or the ho. ttillek; of any one accused by it. In questioning the ?WWI of an Accomplice before a Jury on the ot tki'teaoit jl iwttich is not your province on the pre. "21 OrbenNOW it will be expeded that consistency vol kuldappostirt the testimony, in those parts which 14 6 Material; conformity in the relation of the b-. 1.4101, as to .the nature, ex tent , means an d 6ii te of the Conspiracy, and p er h aps , i n some — lnstal - circumstances, ita they may appear im. Portant; in which the same rules will . be ob. t r veds as those that govern the ordidary pro. of events. If what the Witnesses s h a ll L° the detail, appears just and credibl e , an d t '''t they prove amounts t o T reason , i t w ill, w i t h he caution I have already mentioned, be° so de s but you will, of course, bear in your mind that these are. points to be decided by another Jury, to whom, in the event of your An t deserve their considerai,ion, it will be ultimately left for decision. , To you is committed, in the first instance, the 'Olarge of deciding whether there find: ig ,tii@ pse tO be pound of guilt, sufficient . to put, the party ac. Cused upon trial ; and to leav'e it to another to pro. pounce, after a full hearing of both sides, a final Verdiet of condemnation or acquittal. To obviate "a possible misconception on the subjeft, I would add,-.that the ultimate question as to the degree of credit to be given to the testimony of an aCCOm. plice should be, as I have said already, considered by the rules which the Law has laid down for our guidance, and which are founded on common sense, as are alt the other ordinary rules of Justice. I forbear to detail the particulars (even to the limited extent.before us), of the charges made against the Prisoners, whose cases are about to become the ob. jeCt of your inquiry. By that forbearance, every degree of prejudice which could possibly; or might be supposed to be created, will be obviated ; a course by which the purposes of Justice will, I hope, be effeeted with equal security and greater satisfaction. If those circurnstakes should attend this alledged Conspiracy, which h ir e attended many other Conspiracies of abottive Treason, you will, on that account, think that the gr e ater should be the proof before it be believed ; but after proof, your diffidence will be succeeded by other semi_ ments, by those of surprize and horror—Surprize at the folly of the attempt, 'and horror at the tre. mendous consequences; had it succeeded. ‘g Gentlemen—Considering who I am addressing, I fear I have occupied too large a portion of your time. I have been led into it; I have endea. voured to explain the heads of High Treason, to which your attention will he called : the nature of the Indiaments which will be submitted to your consideration : the proof required to support such Indiftments, and the quality of that proof. Yuu :will consider them, and draw such conclusion from the whole as reason and justice shall appear to re. quire. You will now proceed in the execution of your charge with all the attention it requires at your hands, and I have no doubt the result will be such, as will give perfeft satisfaction." The Grand Jury then retired, and after examin. ing evidence from half-past eleven until near nine o'clock, found a true Bill for High Treason against Ed*ard Marcus Despard, John Wood, Thomas Broughton, aim Francis, lames Scdpvick Wrattan, Fhomas Newman, William Lander, Daniel Findall, Arthur Graham, John Doyle, and Samuel Smith, hos. Phillips, alias Tack.. 3olin MacNamara, sou. There were two other persons included in the Indictment, but the Grand Jury did not find the Bill against them. The Prisoners were then brought up, when Col. Dtreardnamed Mr. SerJeant Besr and Mr.GUR NE? for his'Counsel. The other Prisoners not beiog prepared to choose any Advocates, were informed by Lord ELLetaaottoucit that they might nominate any Gentlemen for the approbation of the Judges until the sth of February, when they were to be arraigned, and the trial was to commence on the 7th of the same month. The Prisoners in general were of a squalid ap pearance to such a degree, that it is astonishing how Colonel D.spard could associate with persons of any such description. The Colonel himself was not ac. coutred so as to make any fashionable appearance. He was unpowdered, wore a brown coat, and a co loured neckcloth. None of them appeared to be depressed in spirits. The Counsel for the Crown were the ATTORNEY and Sot. tcrroa Gesmant.s, Mr. FIELpINc, and Mr. ABBOTT. Tilde were twenty-one Witnesses examined.— The Court then adjourned to the sth of February. In the course of calling on the Grand Jury, Mr. CARPENTER SMITH was called on; he begged to address a few words to the Court. He said it Was by his Nttarrant that the unhappy men were appre !tended. He prayed their Lordships' advice, whe_ ther he ought to sit on the Grand Jury ; if they thought him competent, he did not wish to shrink from the duty. Lord ELLENBOROUGU said, as there was a very, f u ll attendance, the Court would excuse him. The popular anxiety for admission to the proceed. ings On this business is scarcely conceivable. Though nothing more was to have been rationally expetied, but Lord ELLENEOROUGH'S Charge to the Grand Jury, with the result of their deliberations on the Bill before them (for fifteen Prisoners were included in the one Indittment, and twenty-one Witnesses sworn in Court, to answer the interrogations of the Grand fury), yet before eight o'clock in the morn ing all the avenues to the Cohrt were crowded, and a vast assemblage of Peace Officers and Constables colleted to guard the entrances. Every person conneted with, or supposed to have influence in the business of the Court, were solicited from all quarters for the procuration of admittance. No less than 164. letters to this drat were received by Mr. f ti as, the principal Prison keeper ; and Gentlemen on horseback and in coaches traversed the vicinage of the Court the whole forenoon, anxious to obtain admission. A new exhibition took place on Sunday in the Park, which attraeled many gazers. It was a chariot rolling along Rotten.row, quithout Horses. From the entrance at the Piccadilly gate to the ascent near, the river, the vehicle rolled along tolerably well. The inventor. sat in the carriage, and by means of. a wittdlas kept it in motion ; but when they got to the .rising ground it was found necessary to give extra assistance : several personS applied their shoul. tiers. to-the wheels, and by that means all was again set to rights ; but by a mistake in the management . of the reins, the carriage came - in :coma with one qvitk horse:, in which was seated a Lady, when un fortunately, the perch, the dicky.box, and part of the mechanism, were broke to pieces, and thus, for a time at least, are defeated the objets of the spe culation. Instance of Gcod Lutil.--A club, consi s ting of sixty-three persons tvaslately formed in the iritlage of Em Linton, in East Lothian, for the purpoSe of insuring each other from personal service in the litia. When the general ballot took place ) there was not one of the club drawn, . , Mornay last, .at the. Quarter-Sessions at.. De. v izes, Edu)ard Spixnel, alias Pinnel, Thomas §rornm i and - fiorten, alias Garret, all Shearruen of War minster?, V. , itre tried for misdemeanors, and seve. rally sound guilty ; the two former,, of assaults Ind riotous conduit ; .thelarter, for assembling a great number of Sheainien before the faitory of a Clothier in that ToWn, anti riotous conduit. Mr, jEKYLL opened the prosecution, against Spinnel, by pointing out the improper conduit of the deluded Shearmeh concerned in the woollen ma. nufaiture, who had very improperly conceived the introdustion of machinery byi the Mamilailurets of Wilts to have been prejudicial to their interest ; and under that false impression had proceeded to the commission of crimes and outrages that were dis. graceful to the; country, and higtilY prejudicial to its staple manufaiture ; for unless the free and unin terrdpted use of machinery were hot only perthitted but encouraged, in that as well as'other Counties, the trade would be considerably less; and eventually annihilated. He complimented the Manufaiturers for their liberal conduit in offering to find employ. tnent for any whose services might, by the intro. duition of such machinery, not be requisite in the particular branch in which they bad been accustom. cd to work, in some other branch of the manufac. tore; and recommended men of the description of the Prisoners to return to their duty, as the proba ble means of preserving them from more serious con. sequences than might attend the Prisoners under the lenient prosecution then commenced against them. The CHAIRMAN, on the several verdils being pronounced, addressed the Prisoner 6 on their im. proper conduel, and stated, that the Court-, in or. der to prevent a repetition of such condua, unani mously passed the following sentences :—Spinnel to he imprisoned in the cells of Devizes four months Brown for two months ; Horton for six weeks ; and severally to find sureties for their good beha viour, themselves in 401. and their sureties in zol. each. It is sincerely hoped that this example will be a warning to all misguided workmen, and induce them to abandon their late proceedings, and return to their several employments ; by such conduti only can they atone to society, and their neighbours in particular, for the continual stsc of alarm their late condut has occasioned. Dim—Yesterday morning a meeting took place in Hyde Park, between a Mr. S—, of the City, and Lieut. P—, of the Navy, attended by their Seconds. The first fire missed ; they then closed to six paces, and firing a second time, the ball of Lieut. P— • passed through the right thigh of Mt. S. A Surgeon was present, and by his atten tion we are happy to 'state no danger is to be appre hended from the wound. The quarrel between the parties arose on Monday last. Yesterday the remains of Mr. WILLIAM CAN NER, late one of the City Marshals, were interred at the burying.ground in \Vood.street, with Mili ter Honours. About so Gentlemen of the Cripple. gate Association, of which Mr. CAD:Ntit was a Member, attended the funeral in their regimentals. Mr. HoLuswoturti, the present Marshal, and Mr. NEWMAN, Chief Clerk at the Mansion-house, like wise attended. CANNII/t, the late- Under Marshal of the City, was a very fine-lookivg young nian, and when in his official dress, had a military aspat that might have. become any juvenile Oflicer of high rank and family. His manners were mild and courteous, and seemed to be the effe6t of an excel- lent disposition. Indeed his charatter and .conduct fully marked such a disposition. It will be a ditii. cult matter to fill the vacancy with an adequate substitute. Iresterday, about half past one o'clock in the day, a Carriage was stopped by two highwaymen - nea t Dais, between Hendon and Mill-hill. Sere- . 'rat carts passed the carriage while the highwaymen were at ir, but the drivers of the cam; supposed they were two Gentlemen talking to the I.t.irsens in the carriage. At length a Gentleman on horse:- back with a servant corning up, the highwaymen Made off. They were pursued by the Gentleman and his servant, whom they repeatedly threat ened to fire ar. They kept them in view, however,' and were joined by several horsemen ; but the tobberS were not overtaken till they got to Guildford.street, when the horse of one of them falling, 'the rider was . secured. The other dis mounted,' and escaped through some of the alleys in Gray'solnn Lane. On Wednesday night, about nine o'clock, a Fo.. reign Gentleman coming to Town in a post.chaise, was stopped near Ilford, in Essex, by three foot. pads, armed witt cutlasses and pistols. One of the villains seized the horses' heads, threatening the driver to blow his brains out if he attempted to drive on ; the other two went to the chaise door, • and in a peremptory manner demanded the Gentle. man's money, when he gave them his purse, contain. ing Stank.nOtes and cash to the amount of upwards of 301. with which the villains got clear off'. On Friday evening -last, between eight and nine o'clock, as Lieut. T. MITCHELL, of the Navy, was crossing the fields from Peptford, near the Half ' way-house, lie was followed by two footpads, one of whom without speaking, discharged a pistol, the contents of which passed through Lieut. MI.T. CHELL's hat ; the other struck at him with a titek , stick, which wounded him in the hand. Lieut. M. instantly returned the fire, and supposes he wounded one of them, from his exelPiming, " D—n you, you have done for me." Lieut. M. having also fortunately a sword stick with him, defended him self in'suO h a manner that the villains were glad to make their escape. Lieut. M. made the best of hi s way to Peckham, and•procuring assistance, :memo ed to trace the villains, but withont effect. On Tuesday as three Gentlemen . in a chai%e were entering , Northampton, the fore wheel i,l the carriage Came oft, when the' lthrses iturn;diately set off full gallop. The Chaise was almost enti re l y d„,,i„.,1 to pieces, lint the Gentlemen providentially escaped without the least' injury. The post.biiy w:ra mach hurt in :h': • Wt continue, to be without ,any fresh supplie; of Grain in general, and so little it doing, that out last nominal price:, of , Wheat. may 'quoted Barley .scarce,. ~as before; Pease rid Beans of both sorts go cfr more readily, the former p..dearer ; many Qats expetted, and the last prices remain ; rho fluduation in Flour. Wheat 475 a 53s a 585 od. Tick Beans - 31$ a 35s od Fine (JAW • 595 a tits od Oars . • - - 165 a 2,,5 2... p Barley - - 245 a 285 0.1 Poland ditto 25s a 26s od Malt - - 435 a 47s od Rape Seed - . , ;al a 351 Rye . . 355 a 385 od Fine Flour • 4;* a sos oa tVliite Pease 335 a 405 od Second de. - .1-,: 4 4;5 Beans - 345 a 385 od THE BACoN!4 Statuary Rooms are at present quite. a Paslianable Lorne, arid the in, unions Artist has no reason to regret his liberal invitation of the Public to inspea the. labours of his genius, as the Spectators are as liberal in applause. The.CORNWALLtS Gitour is really an honour to the British. Arts. . The likeness of the noble- and military Veteran is eXaft. The attiiude is digni.. fled, without the least appearance of affeCtation and the figure altogether is charafteristie of the hcru t firm, .but placid., The allegorical figures of Foit- Trruba and PRUDEVCE are finely proportionede and admirably contrasted.. There is a strong ex pression of the colleded energy which marks Fore titude, entirely distinft fr9M that more daring spirit si/hich, ,belongs. to adive Velour. The figtire of PaoriaNet is peculiarly:becutiful. The Artist has been obliged to adopt the old, hot, in• our opinion, the erroneous symbol of Prudence, by making her look in a g/a4..... to indicate refleCtion. Such an aftion might, hoveyer; be as lnod. a type of VAnITY, and.tbe refleftion of the Mind is there/ fore absurdly confounded with the refiedion of, a mirror: The Artist, however, is not to blattke. He was obliged to comply with classical :corium, and he has must ably atoned, for this traditional cr. rot in making his Egure of. Prudence, by her t ion and her countenance, exemplify a pensive sweet, ness, highly interesting.. Though we have previ. ously noticed this excelldnt group,, we eenceive it to be. an at of justice to the Artist, to draw Public attention again to a work so honourable to. out Country in point of genius, and to the meritoriouaj subject of it, whose courage,. firmness, and wisdom have so eminently contribu — tcd to enlaige the .power, display the magnanimity; and proniote the glory of the British Empire. Singulai. and extraordinary attachnew ;no PUMA —The following circumstance is relited in a lertet :0 a friend from Chateau de Venours :—" Two per.. sons were on a short journey, and, passing through a hollow way, a dog which was with them started a • badger, which he attacked and pursued till• he took shelter in a burrow under a tree. With some pains they hunted him out, and killed, him. Being a . very few miles from a village called Chapellatiere, they agreed to drag him 'these, as the Com. mune gave a reward for every one which was de.. st royed ; besides, they purposed selling the skin. Badgers' hair furnishes excellent scumbiing brushes for painters. Not having n rope, they' twisted some twigs, •and drew him along . the road by turns. 'fhey had not proceeded tar e when they heard a cry of an animal in seeming distress ; and stopping to see from whence it proceeded, another badger approached theM slowly. They at first threw stones at it, notwithstanding which it drew near, came up to the dead animal, began to lick it, and continued its mournful cry. The men, surprized at this, desisted,from offering any further injtiry to it, and again drew the dead one along as before—when the living badger, determining not to quit its dead companion, lay down on it, taking. it gently by .• one ear, and in that manner was drai.vn into the midst of the village—nor could dogs, boys, or men induce it to quit its situation, by any means ; and, to their 6 hame be it said, they had the inhumanity to kill it, and afterwards burnt it, declaring it could be no other than a witch." Caution 1) Maions and other Tritelemen.----Some masons. employed in building a gentleman's house near Perth, having entered into an agreement to raise their wages, three of the 'ringleaders were coemided before the Justices of Peace for Perth. shire, ofhaving contravened an Aa of Parliament, passed in 'Soo, to repress such unlawful combine. tions. • One of. them was committed to the county gaol for three months, and the rest for two. This example, it is hoped, will be a mean of preventing • in.future similar combinations among workmen of every denomination, who are all subject to the salmi tory provisions of this statute. jak.v.toll, the Smuggler, before he quitted this Kingdom, after his escape from the Fleet Prison, sailed in his own Cutter, the Alzh, from Hove to Bexhill, in the County of Sussex, where he landed, and remained some hours before he returned to his vessel. This he had not long done before the cir. cumstance was communicated to a Captain of a Revenue Cutter, lying off in the Road, who, in consequence, pursued and boarded the Aan, but without finding Johnson, who, it is now supposed, on seeing his Cutter chased, went aloft, shrouding himself in the rigging, and thereby made another hairbreadth escape. On Saturday night last, as Edward Anderson, a labourer of Mr. Cook, tanner, of Southwark, was returning from Paddington, where he had been with a message, he was knocked down, robbed o►f Is. gd. and ilt created, by three footpads, in Paddington Road. On Tuesday sennight, as the Hon. Mrs. BEAU. come r attended by a single footman, was travel. ling in her chariot from Brighton to Horsham, the horse' on which the servant rode, fell, by which accident, as it afterwards appeared, the mares Jrg was frattured ; but the carriage proceeded on till it arrived near to Saddlescomb, where it was met by another servant, who was surprised at the ap.. rearanc,! of the foottaan's horse without its rider. Mrs. BEAUCLERC, rightly judging that an acci. dent bad happened, ordered her carriage to turn about in search of the footman, of whom; however, •Jlie heard, nothing, till she had reached Brighton, to which place she found he had been conveyed by a Gentleman in hia gig. - The roan is in a fair way of doirg well. v~~} ', I '1