The Sun. — London, England, 1817-10-21 00:00:00

TRIALS FOR TREASON. (From The Times.) DERBY, MONDAY, Oc r. YO, at "lelf-past e, p.m. Before we proceed to the nerative of the legal business of this day, it may be interesting to state - a few circumstances respecting Brandreth, the prisoner already convicted. We have learnt from 'the best authority, that siumbis trial he h'a been perfectly calm and composed, and expresses entire resignation : lie says be is,quite satisfied with the exertions of, his Counsel, that they have done all that 'they could, and have omitted nothing useful to his defence.. His demeanour since he bad been confined is stated to have been highly becoming ; 'and the only difference observable in it before and after conviction is, that though not dejected, lie has less alacrity of manner now than before. We have been able to learn but few partichlars respect ing the previous habits of - this man ; -but we are informed that the circumstance of his being put at the bead of one of the insurgent bands is-•not to be ascribed to any superior ,intelli,';ence or acti-• vity, but partly to his baying been in the militia, and thus being acquainted with the first elemer►ts of military - organization, and partly to his having been for , several years past involved in the no. tarjous schemes of the Luddites, doing (as an hired agent) " jobs," as their phrase is, for them, 'from time to time. There is said to be some difficulty in procuring -an executionr to perform that frightful part of the ceremony of a traitor's death, the severing of the head from the body : the hangman here will not undertake the task, and the neighbouring hangmen object on the score of ignorance. Having promulgated these remarks principally for the gratification of a natural and reasonable curiosity, we have now to make-two or three ob servations„ which it would be a breach of public and of private duty to omit. NVe refer toauother mis-statement • of the Courier of Saturday, which though paltry as to its effects, is yet meanly wick ed in its 'motive, and seems, in conjunction with the misrepresentation of the slight disturbance at the Theatre •(which we have already corrected), to manifest a regular and deliberate system of perversion for a highly partial and shameful pur pose. The Courier of Saturday states, that on the wall of All Saints Church are to he seen, in large. letters, the following words—" Jurymen, remcms her Oliver ) ." Now we declare, in the most dis tinct terms, 'that no such writing is on that wall, or any wall that we have seen. But what makes this mss-statement more grossly culpahl,. is, that on the walls of the said Church of All Saints there are written, in no leSS.thali seven different places, words of a . very 'opposite ten dency, namely, " Hang all Jacobins." As long ago as last Monday we had observed these ittacrip. tions, which, at least, steins tl to imply no undue partiality towards the prisoners : but we did not think it-Worth while to take public notice of them, nor should we now, but for this strange and wila ful perversion of fact in the Courier. If it were mere blindness not to see the inscriptions which have been obvious to every eye, and ,which ap pears in seven different place, ut those very walls which the writer in the, Courier professes to have seen, what character shall be given to that spe cies of vision which contrives to see what nobody else sees, and uses this new faculty for one syste matically-partial purpose ? We now come to the business of this day. '[he . Court met precisely at 8 o'clock, and %VA, occupied for some time in hearing excuses for übsent jurors. • Mr. CLARKE stated, that the Attorney-General .would he in Court in two minutes, and had autl►o rised him to say that William Turner was the next prisoner to be tried. William 'turner Was brought to the bar. He seemed a man of about 2S, of a slender make and rerther a long face, with a flat nose. Ltis look erns somewhat melancholy and dejected. He was dressed in a blue coat, red and spotted silk hand kerchief, coloured waistcoat, corduroy breeches, and light woollen stockings. His appearance and dress clearly indicated him to be one of the lowest r►►nk in society. Mr. LoWNDES began to call over the list of jurors, when Mr. DENMAN stated, that they did not object to those who had formed the last jury, 'merely on that account. The jurors were then called in their order but just as the Clerk read out the first name, the following ',discussion arclse Mr. DENMAN.—I feel myself bound, in Justice to the prisoners, as well as by a sense 'of the re spect due to the Court, to bring under the notice of your Lordships a. most gross violation of your orders, and a most scandalous contempt of ppmr authority, calculated in high .degree to poison.the due administration .of justice, while it m a nifestly is a barefaced, contempt of the au thority ,of . this-Court, and calls for tilt severest sisit ation which any Court of Justice can exert in vindication of its own authority and in pr o te c ti on of jutliciaLfairness. This paper - which I hold in my hand (the Courier of Friday) gives a statement ('t the ptocevdings in this Court in direct viola tion of-the distinct and repeated prohibiti ons o f your Lordships. It is not a foil statement, b at a partial, and garbled 'representation, which not ouly,prejudices the prisoner then on Ili! , trial, but a the prisoners ; so that it has become impossible for the tither prisoners to obtain an unprejudiced Jury and witnesses to try their causes. This bare faced attempt to elude the prohibition, and to laugh at We authority of the Court becomes the more ihjurious, as the first blow has. been struck I,v a pap:u - well known to be tinder the influence of . nment. „, Mr. Justice ABBOTT.-.-I knew no.papec- -under the influelice of Government, -ot- under any in- fitle!lce bir. DeNmAN.,--Well, perhaps I was wrong in using the expression ; but the courier newspaper published the garbled account, and the other pa pers copied it expressly " from the Courier of last evening.' The Morning Chronicle gieeswhat the boner omitted, by way of correcting the mistate mellt ; The one paper contending that Oliver was the source of the distorbanees,. the other pliblish log the evidence to repel that surmise, and thus sire authority of the Court has been by both set at defiance and the administration of justice poisoned. 'fire Clttex Ihtiox.-The Court theft will re peat its prohibi , ion. Mr. Dete aN.—My Lord, that has alttidy been 'done once, and 'again, and to no effect. Cutei 11XliON.—Who has puhashed that state ment ? Mr. DENMAN.-That 1 know not all I know is, that here 1 read a gross snd mischievous vio lation of the prohibition; arid your Lordship dis tinctly stated, that the Court would visit any vio lation. with punishment. The ATTORNEY-GENERAL• ---Till within these ten minutes I knew nothing of this publication. Yesterday I called repeatedly for the Courier, but I was :told it was in hand, and did not see it. Within these ten minutes, somebody, I know not who, sent•.me the. Courier . I have not seen the Morning Chronicle.— I lament, as , much as my Learned Friend, that the authority of this Court, and the interests of justice, have been thus vio lated; but say for myself, and for my Hon. and Learned Friend here (Solicitor-General), - and for every one who has any office under,Gavern ment, that it has been our anxious wish that, till the whole proceedings should be finished, not one . Phrase should be published on the subject.. As to any Newspaper being under the influence of Go vernment, I can truly state, that I know not any one Paper to be on one side or another but accord ing to the occasional statements I read in them. But whether the offender be on the side of Govern ment or against it, when he is, upon proper affi davit, brought before your Lordships, I shall readily move for due puniShinent. There is here a pro fessed account of what ,was stated by me:- 1 can only say that I lament it most extremely, as a manifest violation of your Lordship's prohibition ; and I lament and reprobate it as extremely improper to be stated, even if correctly stated, because it creates discussions and brings forward certain transactions, which must prejudice ;he administration of justice. I re probate and lament it as much as my Learned Friend, but as the matter is now before the Court, I can not proceed further. I would request gentlemen who take notes not to forward them to the news papers till the trials are finished, as it mightbe come my duty to submit some motion respecting them, it supported by sufficient affidavits. I know not who. has published this, statement, but it may be said as an apology that it was done for a certain purpose, which I may mention—namely, for the sale of the Paper. Mr. DENIII/01,-.-1.. most fully acquit the At torney-General, I need not say acquit, for I pryer supposed him capable, of countenancing such an act 83 1 complain of. I however protest against the apology insintiated as utterly insufficient. It cannot be directly and graVely mentioned that the administration of justice shonld be poisoned with impunity, because the motive was the sale of a Newspaper. I have only to say, that I hope the Court will adopt some measures to vindicate its OWii authority, and to keep pure the administra tion of justice. _ The CHIEF BieoN.—l consider the publication in question very improper and very mischievous. It is welt mischievous to all concerned. But'alt we know is, that it lia4 appeared in a newspaper. We cannot tell who has done it, and therefore no thing can be done. When a motion is made in circumstances such as the Attorney-General has stated ) then the Court will effectually interpose. Mr Justice DALLAS.--4 recollect iu the trial of aurett NVatsoo, Mr. Wetherall, his Counsel, made a complaint of the same kind. I have the notes now before me; and my Lord Ellenborough said, "' As you have no motion to make on the subject, " the time of the Court must not he wasted by " any further observations.'' With respect to any fact, we _have here no fact before us. All we know is, that there is one statement published, by whom or under what circumstances we know not. As to the observation that the paper is under the ieflueece of Government, it ought not to have been made, because that cannot be known, and because it may excite a suspicion that the Go vernment wished to obtain the conviction of the prisoners by unfair melon. As no motion is made, the Court can dunothing further. The other Judges said nothing, and thus the dis cussion terminated. Eighty Jurors were then called before a Jury was sworn. All the.members of the former Jury were excused. Two of them expressed a willing ness to serve, and Were challenged for the pri soner. Mr. DENMAN challenged for the prisoner Nos. 1,5, 7, 10, 11, 13, 16, - 18, 20, 23, 25, 31, 32, 34, 35, 40: 41 - , 42;46, 47 - , 49, 50, 52, - 54',' 55, 57, 61, 64', 66, 69, 73, 75. The CroWn lenged Nos. 2 . , 6,'17, 37, 38, 44, 45, 56, 58, 59, 63, 68, 77, 78, 81, 82. Tile following Jury were impanelled at a quarter before. 10 :-Thomas stir, of Marston-On-Dove, farmer ; Henry SPur ,rier, of the saute, farmer ; Michael Goodall, of Marston-Montgomery, farmer ; Thomas Hall; of Sutton, farmer ; Samuel Dean, of Ashleyhay, gen tleman ; John-Wagstaff, of Atlow, farmer; Joseph Wheeldon, of AlVastOn and Bonito'', farmer; James Osborne, of the same, farmer ; Thomas Crompton, of Darley-abbey, gentleman--; John Glover, of Fendern, farmer ; John liaslam, of Little Chester, farmer; and Thomas Ordish, of Mickleover, farmer. _ _ _ _ The indictment was then read, and the trial proceeded. The SoLICITOR•GENERtU. arose at 10 o'clock, and opened the prosecution against William Turner, the circumstances of whose case seemed to be so closely interwoven with the facts esta blished on the trial of Orandrech. The address of the Solicitor-General did not occupy above an hour, containing, a clear narrative of the supposed conspiracy, and was marked by a careful absti nence even frOm the expression of any opinion on the legal question, Which he desired to leave altogether to the exposition of the Judge. Antony Marti - t., the first witness on the last trial, was the At a late I!onr this day we received the Paris Papers of Friday and Saturday last. The follow- ins; are extracts : " PAats, Ocr. 18.—The Duke d'Angouleme, who set out from Paris the 13th, was to proceed first to Lion, on the 14th to La Fere and St.' Quinti►i, and to pass the 15th and 16th at Amiens. Yesterday he was zo proceed to Dieppe, and this day to Havre,where h..! will remain to-morrow. The Prince will remain at Rouen the 20th, 21st, and 22d; he will be at Caen the 23d and 24th ; at Cher bourg, the 25th, 26th, and 27th ; at Saint Malo, the 29th and 30th ; at Rennes, the Ist and 2d • November; at Nantes, the 3d and 4th Bour-' bon Vendee, the sth ; at Rochelle, the 6th and 7th ; at Rochfort, the Bth ; at Niort, the 9th ;' at Saumur, the Ilth ;at Mans, the 12th ; Alen can, the 13th ; at Evreux, - the 14th ; and on the 15th.his Royal Highness is expected to return to Paris. " The Baron de Vrimont, Commandant of the Austrian Contingent in Alsace, quitted Colmar the 6th, to proceed to Cambray, to be present on the 13th at the review of the EnglisbCantingent ; be will return to Colmar the ISth. " A Letter from Gibraltar, dated the 16thinit., States the arrival in that Bay of the ship Caroline, of Nantes, from the Havannah to Genoa. During her passage, she was visited by an independent privateer 10 leagues from Cadiz, but which had not ill-treated any French vessel. " A German Journal contains the following article : it gives rise to several reflections, which the late events at Tunis tend to strengthen : Considerable attention has been excited by the military preparations of the Pacha, Mohamet-Ali, Viceroy of Egypt, by his efforts to pot himself in communication with several powers of Europe, by the large purchases of artillery and ammunition made by his agents, and lastly, by the contracts entered into by his Plenipotentiary in Sweden with several manufacturers or dealers in that Kingdom. It is said that the intention of this Pacha is to render himself an independent Sovereign in Egypt, and to seize the territories of Tunis, Algiers . , and Tripoli. In that case theie will be an end to the piracies of the' Barbary corsairs. It is rumoured that there nave been overtures upon this subject made at London, Stockholm, and other Courts.' " The Ministers assembled yesterday at the , 'hotel of the Duke de , • 7 " It is understood that the individual, named Mathurin Brunot, who has assnmeit the name of Charles of Navarre (the pretended Dauphin), will . be tried, not by the Court of Assizes at Rouen, but merely by the Vihunal of Correctional Police. " great number of Members of the Chamber of Deputies have already arrived at Paris. • " Thursday the expiatory service for the late Queen Maria Antoinette was celebrated in the chapel of the Thuilleries, at which the King was present, together with the Neapolitan and Spanish' Ambassadors, the Ministers,,&c. The Court were in mourning. The - celebration also took place ,in the different churches of the metropOlis,'which were much crowded. The cathedral Was attend ed by the Princes and Princesses, the public Officers, &c. •- " In the majority of the Departments, the Muni cipal Ununcils have been assembled to deliberate respeCting the wants of the poor in their respect tive Communes, and on the means of ensuring the subsistence of the labouring class during the ri gorons season, by means - of public workshops, conformabty to the instructions ot the Minister of the Interior. FRENCH FIVE PER CENTS. • Friday 64 f. 95 c. (Thursday a Holiday.) " HAZIBURGII, OCT. B.—The statement which has been circulated of this city paying 300,000 macs banco annually to England, for the pro tection of our navigation, is Utterly destitute of foundation. " LAON, Oct. 14.-The Duke d'Angouleme arrived here yesterday, and received the Consti. tuted Authorities at the hotel of , the. Prefecturei Provisions and wine were distributed among the indigent. His Royal Highness departed this day. " LvnEc, OCT. 3.—The fling of Denmark hat prohibited the importation df arms and•ammuni tion to St. Thomas's, at the instance, as sup. pOsed, of the Spanish • Minister nit Copenhagen, to prevent the Insurgents of Smith America from deriving a supply from thence. CARLSRUHE, OCT. 1 day the Grand Duchess wqs safely delivered of a Princeis. " GENEVA OCT B.—Tbe Ex-Conventionalist Lawrence was arrested a few days sincd at Mot.= neR, a SaVOyarde Commtie; two leagues from • • . `hence, and conveyed under escort to Tunis. " ROME, OCT. I.—The Consistory was held this day, at which several 'Bishops were declared. " VIENNA, OCT. 4.—lt is understood that communications frOm the Emperor Alexander have already been made to several Courts, including ours, with the view of co-operating for the pur pose of puffing an end to the depredations of thi Barbary Corsairs. " DRESDEN, OCT. 6.—The Prussian and Saxori Commissioners have still several important points to discuss. " Hhsnutton, Our. 6.—The Senate of thid city having been invited by the King of Prussia, and also by the Emperors of Russia and Austria, to accede to the holy Alliance, the act of access sion hits been delivered to the Prussian Minister. " BRUSSELS, OCT. 13.—We learn with great , satisfaction, that several persons of distinction art Brussels have given their signatures to the Pa triotic Association for the support of the National Several lists have been filled with sig• Industry. natures." THE FUNVS.—Consols this morning began at 82 /01 , Money, and 82 for Account. At twelve o'clock they were 82iii for Account. India Stock has experienced a depression of 5 per cent. since ye3tsrday, in consequence of the warlike • news from thence : the Bonds remain steady. There seems now to be an end to the amicable "warfare between The Morning Chronicle and The COurier; Thelatter, lastnOit, spoke out boldly, classing 'he Chronicle among " the advocates of Traitors, the Panders of Treason," and resolutely denying the accusation brought against Govern• ment of having sent " for publication the arti cles which have appeared from Derby in The Courier." We yesterday confidently asserted that this accusation against Government was wholly false, for - that Ministers had no expresses from Deiby, and had made no communication to any Papers that support their measures. If any such, communications had been mask, Toe SUN had, at least, full as great reason to expect them as The Courier, if not more, inasmuch as Tit E SUN has been. invariably consistent in upholding the principles of Mr. PITT, under whose auspices It was instituted, and upon which Ministers profess to act at this moment. Therefore, whenever The Courier oh- • tains communications exclusively, we may venture to. say that it . is indebted on such : occasions to ;private partiality, not to official preference, and we leave the higher Powers to'judge, whether such par tiality is consistent with justice to those who have steadily _supported the principles upon which- . their meaittres are founded; and who hatti acted upon-.Abose principles to the present n 10.4 mem. The conduct of The Morning Chronicle,' on'ibe subiect of the trials at Derby, 'certainly Owes full sanction to all that The, gourier says 'agfainst 'its "base calumnies.," and its attempts, preYlously to those ttials . , r tO . divert the course of justice, by. raising prejudices in.. favour of the - prisoners, and arraigning the legal s pro ceedings as founded in error, and the mischievous designs,of Ministers. For our part, we have for some time past looked with horror on the Jam binleal contents of that Paper, arid pitied The Courier for. being disgraced by its pretended hosti lity and covert panegyrics. ; But- we shall keep a watchful eye over, and endeavour at all times to check, its attempts to undermine the 131itish Con stitution and bring contempt on all hereditary and legitimate Governments. The following extract of a letter from Liver pool, dated the 19th instant, received in town this morning:— " The easterly Wind still prevents us fxbut WY- first callesi upon the present. His evidence was in substance precisely the same as on the former occasion. Other witnesses were then examined almost vrecisely in the same order as on the first trial, and deposed to the same effect. We left Elijah Hall, jun. on examination at ball-past two o'clock. The present trial is not expected to conclude before to-morrow evening. HEATRICAI. REGISTER. Performed Last Night. TIVEATRE ROYAL, DitURY-LANE.—MaCheth : Macbeth, Mr. Kean ; Lady Macbeth, Miss CamOell. After which, The Cobler of PreAtio. . . THEATRE ROYAL, COVENi-GARDEN.—Romeo arid Juliet.: Romeo, Mr. Macready ; Juliet, Miss O'Neill. AftetWhich, The Russian Festival. To which was added, Toni Thumb the Great. MALLS. AltIt•IVEI)-1 Hamburth, TW:itbrford. France, 1 Gotteriburgli, 1 Giternsey and ji.trscy, 1 Dublin, t Wa tcrfLud. PRICE 0 F STOCKS 'WELVE O'CLOCK. 781 s DAY Ar T' Bank Stock, ..2S2i 285} 3 per Cent. Red.... 4.814111 3 per Cent. Cons 82 1 M 4 per Cents. .. .9E41 .99 5 per Ceut. Nnvy Ann.lo7iii Bank L. Ann. 20 . 15-16ths 21 India Bonds,— 1035. 105 s. pr. Exch. Bills,..lSS. 27s gis: pr: Cuns. fur Nov... 32 I HIGH WATER Al' LONDON BRIDGE TO-MORROW. Morning, 1 . 4 minutes After It. I Evening, 39 minutes after 12: THE SUN. !MEM QUIS: pICERE FALSUM AUDEAT ? LONDON, TUESDAY, OCTOBER2I, 1817. ing any hiflux A'ar(ls ( Our Fl eir y Mayor Precedt TROMA 1 2.0'cl fOrtner tontin krticle (ace a I} Grin Laving t stab! the art WC ILI L. L, f r 001 I 14e 'AI again Of tbi the di ti6c a , g C with but, v the G firing kews 4 0111 . 11 Ptt 1 4110 Creak c Pi•ovi the ci teen ' X UK.? 4 11 r a El Rgiin he or yet t We 11 11 d 1 tE were Near (lbou litid I to til of h i Apri ha (1 hor Pitt. 1 lent till] lag is a Wor Prit tar till last Ds tilt rek Pr► sol co tit of tit po th