The British Press; or, Morning Literary Advertiser.
London, England, 1824-12-23 00:00:00

THE JOHN HULL.

HAVIELL AitDA111111011111111i1;P. lIIACADLAY.
The YAIo CNA/MELLOR SAked Mr. Shodwell whether hie
client, Mr. Macaulay, had filed, or intended to tile, soy further
affidavits.

Mr. mist:reter. replied In the negative, and at the twine time
commented readin.; a paragraph from some newspaper.
The SOLICITOII4IEXERAL objected to this proceeding as
irregular to which objection Mr. tan snWELL at once submitted.
The Loeb Cdedelet.ll.ol then said, the it must have been
satisfactory to Mr. Alacaulay that no judgment had been given in
this matter until he had put the Court fully in possession of all that
he had to urge upon the subject by his affidavits ; he could, how.
ever, take no notice of what had fallen from him relative to the
feelings that were entertained towards hint in the West India colo-
nies, and which were carried to such an extent as to prevent justice
being done him. 'lbis be could hardly bring himself to btlieve ;
he must at the same time recollect that no affidavits had been filed
but those of Mr. Macaulay, a patty most interested in the
cause; anti he therefore was bound to receive diem with caution,
and to guide himself by the principles that pervaded all Courts of
Justice. He did not think that any substantial reason had been
assigned against the cOmittlaelon, and he therefor* must decree that
it should issue.

COURT OF RING'S BENCH, Wtintsway, Dac. 22.

Sitarist at Watesiluter Wort the Lard Chief Justiet ABCOTT
and a Sprrtal Jury.
PE RJ U RP.

ZING V, PARKINS.
When this ease was called on. only six Special Junin answered to
their names, and Mr. Parkins prayed a Saks.
The Loan Enter Just. ocr, perceiving the Ex.Sherilr nn the
Bench asaigried to Counsel, intithated to him that he must take his
station like all other persons similarly situated, and appear on the
floor of the Court.

Mr. Parkins would certainly defer to any thing which fell from
his Lordship ; but in the case of Watson and Thistlewood's trial,
they were allowed to sit with their Counsel.
Mr. SC:J/LETT—Perhaps they were, but that was a trial at
Bar.

Mr. Parkins was not exactly aware of the difference in the mode
of trials ; but urged upon his Lordship, that it would be a grist
convenience to him to be placed near his Counsel.
The Loan CHIEF JUST ter —lf Mr. Williams, or any other
Learned tientleman defends you, I shall have no objection.
Mr. 'W/xt.tans—Mr. Parkins my Lord, defeuds himself: I
and my Learned Friend, Mr. Parkin,
only assist him upon
points of law.
The LOAD Oust JUST rex intimated again that Mr. Parkins
must take his station on the floor of the Court ; and Mr. Parkins,
in evident disappointment, removed there.
Upon the motion of Mr. Parkins, all the witnesses in the rime
were ordered out of Court.

Mr. QUIN opened the pleadings, and
Mr. SCAILETT briefly stated the case to the Jury. There was
no doubt, he observed, but that the individual, whose name stood
particularly forward in this case, was very well known to the gen-
tlemen of the Jury, as well as to most other pereons who read a
newspaper. or paid any attention to matters of • public nature which
daily occurred in a vast metropolis like London. The name of
Joseph Wilfred Parkins had been heard by every ear, though not,
Perhaps. been praised by every tongue. However, whether his
name were praised or censured. and whether his acts deserved
imitation or execration, he must now take his stand upon the
truth or falsity of the evidence which he had given in a case
tried in this very Court, between a man of the name of Swift,
and Mr. Thwattes, one of the proprietors of the Morning
Herald newspaper. The moral obligation of adhering to the
truth was, he believed, never yet disputed, though practically it
happened that there were many who would gladly rid them-
selves of it, if no punishment followed its violation. If. then,
on all hands, the great importance of adhering to the truth were
indisputably and almost universally admitted, the opposite mitt-
chiefs of perjury must be almost incalculable, and went to under-
mine the very foundations of all civil society. Perjury was, to the
administration of civil justice, what high treason was to civil govern-
ments. He remembered many eases of perjury ; but this was one
exceeding in point of magnitude any of those to which he had re-
ferred. Now, then, what were likely to have been the motives in.
flurneing Mr. Parkins to the commission ()flinch an offence? The
Jury must recollect the great exertions used by Mr. Parkins sonic
time ago, in the case of a man named Byrne, who had been cruelly
used in Dublin some years ago. The Ex-Sheriff had not hail for
sane time any public case upon his hands; his philanthropy had
been rather idle ; anti he bethought himself of the case of Byrne,
or perhaps upon seeing it in the papers of the day, he landed it
was one of those nice things which could tempt his appetite for
benevolence. This Byrne was • poor man, and had item a ser-
vant; servants were a very numerous class, and as their calling in
life should not bring them much into public meetings. Mr. Parkins
thought he would tempt them, by advertising himself to take the
chair at a meeting to be held for the benefit of this Byrne ; not
satisfied with being the Chairman, he was also treasurer, and under-
took to receive subscriptions for Ilymee use, Ile corresponded
with Byrne, and in consequence of the representations made to
' him, Byrne wits induced to come to this country. With the sequel
of the case the Jury were, no doubt, acquainted, and he would
not trouble them by its repetition. lie must, however, briefly ed-
vert to it, as, in consequence of trials growing out of it, Mr.
Parkins was before the Jury this elev. It was alleged against
Parkina that the money col subscribed wils not as propnly
expended as Byrne could have desired, and Mr. Parkins sent
forth a counter statement to the public. To further List ob-
ject he gave some papers into the hands of Mr. Thwaites,
the conductor of the Alorniag Herald and Mr. Thwaites,
in looking over them, did not think them suited to the co-
lumns of his paper. Mr. Parkins was angry at their insertion
being delayed, and on the night oldie 17th April 1823, he repaired
to the office of M-. Thwattes, followed in a few initiates by his
worthy and respectable friend and co.adjutor, Mr. Swift. Mr.
Thwaites was at that time nervous, and his mind agitated. for his
wife was then lying dangemusly ill, arid was sines dead. lie
was anxious to get from his office as early as possible, when l'ar-
kins entered his room, and with a tone of insole...cc and vulgarity
demanded his papers from 3lr. Thwaites. l'hwaites tuld hint
they were not at the office 3 but that they should be sent to .Mr.
Parkins in the course of the next day. This answer did rot satisfy
Mr. Parkins, and Mr. Swift now entered the room of 31r.Thwaites.
Such visitors, at such an hour. would have bxn enough to intimi.
date • stouter man than Mr. Thwaites, and he insisted upon their
leaving his office. Mr. Parkins sneered at the request, and Cue,
himself into the most insolent position. Mr. Thwaites then trio-
lent!), rang his bell, when several of the gentlemen connected with
his establishment, as well as several of the compositors, immedi-
ately entered his room. Here all united in requesting Mr. Parkins
and Swift to leave the room ; here Mr. Thwattes detailed all the
insults otirod to him by Mr. l'arkins, to which Mr. Parkins red
no other reply than sneers anti iulgar exclamations. At length.
when expostulation and remonstrances had failed, rec.urse was
had to force to torn them out: to this raw« .mimbed every re-
sist..., but were at last taken to the watch-house, and the mist
day limught before the Police 3lagistrate at Bow-stre,.t. Mr.
Thwaites, who was an amiable man, brought no action bit the
assault; Mr. Parkins, who loved money, brought no action; but I
Mr.Swift,who had neither amiability nor money, did act unll y bring j
one for an assault. on that occasion Mr. Parkins was a wi!nms. and
greatuditliculty in getting • precise answer so any question. hc ( Mr.
S.) never yet experienced than atom him. However, in one or two
cues liedid swear positively, but whether trulyor not, thr Jury would
this day have to detemiine. Ile swore that neither himself nor
Swift were ordered to omit the room, and that force was not threat-
ened if they did not Lipari ; and he also swore that Swift never
said, if any one should lay violent hands on Sheriff Parkins, that
he should repent it ;" and he further swore lie never struck any
man when clown. Parkins knew that these were the very ques-
tions at issue oei the trial, and bail the cunning. or rather the suds-
city—to deny them. To ',institute the crime now charged against i
him, there must b: corruption as we'l as want of truth t but he
should have said before that the defendants at the trial were all
acquitted. Whitt then did l'arkins do? Remain quiet, with a
well.drserved driest ? Oh, no; lie most be busy, lie must he
occupied; and he goes to the Sessions, together with the Mud-
vent Swift, and itidicts all the parties aatt all the witnesses for an
assault. These cases were all removed into this Court, where they
still await a decision. Now he asked the Jury, could, there he
stronger proof of malignity on the part of Perkins than such
I conduct ? l'here was only one defence to such actions, namely.
insanity. But if cunning, dexterity, and an attention to one's own
interests proved soundness im'nd, Parkins could certainly boast
of a sound nand. lie would now leave the case to the Jury.
satisfied. after they had heard the bast of tradable and re.
spectabll witnesses he would bring forward, that the verdict would
be such as to promote the cause of truth, by the condign punish.
anent of suilacions perjury.
A clerk frun Mr. Ilarnter's office produced the record in the case
of Satinr. Thwaites and others. l'he pleas were also read.
Ale. John Cooke, a short-hand writer, took 110:01 of the trial
Swift v. Thwaites and others. Ile did not take the examination
in chief of Parkins, but he paid particular attention to his cross-
exaniinatinn.

Mr. Thwattes examined by Mr. AAAAA x—l am one of the
proprietors of the .110e0N4e Herald. 1 was so in April of last
year. I recollect Mr. Parkin* awning to my office about toclve
o'clock a: night 1 had been then about an hour at the office. I
as en; igri iu :be business o.: the uffizr. Parkinson: down epos

a chair, and asked me about sonic papers, or rather said be *ant,.
them. Swift came in a few minutes afterwards. I nevetawia ham
before. I repeatedly desired him to quit the room. I rang the
hell after, and repeated it. I rang the bell in consequence et
insolent and threatening manner of Parkins and Swift. Mei:
manner I would rather say was insolent in the esteem,. The bell
was rung before any hand was raised against them. Thy were
required several times by several persons to quit the room . Igave
directions to have them turned out of the room. _I **nothing
matt the consequences of their not leaving the room; bet others
said, if they remained that they must take the commillimem.
cannot charge toy memory as to any particular tip I told
Parkins about tile papers--that I had them not in the ►ut
that he should have them the neat day. I was taken by starprtse
at Parkins's call—the more so, PP he brought the other person with
16m. I wag the defendant in the cauae to which the action was
tried.

Mr. %Virtue)» observed he was requested by air. Parking lip
ask if he (Mr. Parkins) might be allowed to cans-esamins wit-
nesses, as well as Counsel.
The LORD CHIEF JUSTICE—I cannot allow Counsel to be half
Counsel and half not.
Mr. Lein:stow cited the »le of Mr. Redhead Yorke, on the
Northern Circuit, as similar to that which Counsel proposed now
pursuing.
The Loab Cortex .li/strict shall allow Counsel to advise
Mr. Parkins, as to the questions he puts, and to sit neat him
during that time; but when that is allowed, I can go no further.
Mr. SC•III.ETT—I remember the ease alluded to, and I can add
that it excited the surprise of every one in the Court..
Cross-examined by Mr. Parkins—l am a ppaart rootlet& of the
Merril since 11118. Refute that I lived at alanchester, doing bu.
ness for my father, who was what is called a wholesale linen.draper.
When I first commenced, a genticinan of the ham* of Radcliffe
had the nisnagement of the paper. I know Mr. Wailed ; he was
at one time the editor of the paper—in 11110, in 1819, or 1820.
The Goan Clare JUSTICE.—I shall not sit here to hare the
public time wasted by such questions. They are quite absurd.
What sign 'ties who assisted the witness?
Mr. Pftrkins.—Thank you, my Lord.
Cross-examination rammed—Refine the evening in question
you and I were on fr:endly terms. The papers left with me wens
tar insertion to the best of my recollection. I cannot say how long
afire you asked fur the papers; I resumed them. Perhaps it might
be a week after. Ido not beltere it was half-past eleven o'cloce
when I reached the office on the night in question. I'm severs!
times sent your eonimuni,..:itions. I told you if you wanted Only
insertion you should have it ; but if the information were conreyeil
to all the oilier papers, it would be comparatively of little use tome.
Did you ever propose to me to wine down Cobbett ?-14cirer.
It is generally a convenient time to see me about ten or eleven
o'clock. When you first dune you were civil, but still there was a
warmth and irritability about your manner.
Why was that do you suppose ?—lt struck tne it ins because
your communications were not inserted. To the best of my »col-
lection the papers were for insert iop in the whole or in Part.
Were not those letters left you to show yon that you had put
something erroneous in yotr paper about me? tint that I re-
member.

How many steps of Hairs up to rut room ?—irtiy, perbers
twenty.
• - • .

Mr: Parkins.—Aye, there you are about right.
What is the distance flout the place a here I stood to the bell
pull ?---A bout a yard.
I)id I sit down ?-1",o, as you had dccc befote.
\Vita did I say to you when I came in ?—You aged for papers
to which I replied I had them not there.
Did 1 desire yon to search for the papers?—Sou very lora,
dently told me to search fur them, and insisted I had them.
How long hal you those letters ?—Perhaps a week.
told you I could send them back to you in • week, and Ire.
member yen even aaying, there are several drawers here, and I am
sun they contain the papers. I remember something about • brink
of yours was lost, which I gave directions to have replaced. I did
nut rim from on seat to pull the bell. 1 morot say positively the
exact time you remained in my office ; perhet.s altogether it might
be twenty minutes. Swift did nut conic in with you, but three or
four minute afterwards. I thought you meant to insult me. as
Mr. O'3leara did Mr. Walters, or to abuse me in a rude, ande-
l' crones, and vagabond manner. lou told me the papers were a int-
portonee to you, but I repeated 1 had them not, and that you
should have them to-morrow. The only assistance you ever pee
me was in correcting 't slips" of communication which you sent to
me, often to defend you front the attacks of others. Either 3/r.
Holleston or 31r. 1/wyee came into the room upon my ringing the
bell. I told them I was insulted, and that I mast have yon out of
the room. They were obliged force you out, or else you would
not go. I saw no one strike yon. Swill went out first. because he
was not so powerful a man as yon are. I did not attend at the
watch-house, but 1 did at the police-office. I do not remember
my saying to the Magistrate, you brought a prizedighter. Some
of my men went before the Grand Jury.
Hobert 11411, examined by Mr. A UC.T.Plirg—t know that Mr
Parkins called at the Morning herald office in the month tf
April, 1823.
Hy the Cot T—On what day ?—I really cannot say.
Then call a witness to prove it.
Mr. Itiehmond called—l ant one of the clerks to the Magistrates
of How-street. I have a written entry in theoffiee books that Par-
kins and Swift were brought from the srateh.house for an assault on
the 11th of April, 1823. It relates to transactions which took
place the evening before, as tippers by the deoosition of a witness.
31r. Kell examined—On the night in question I was at a debate
in Parliament, and sitting in the front room ; the Editor's room
communicates with it. My attention was attraeted by hearing Mr.
Thwaites ion louder tone than usual desire Mr. Perkins to quit his
room. That was uttered several times. 1 heard no answers given
to that request. I heard the bell ring soma time after, and before
that went in to see what was the matter. I saw Mr. Parkins and
another pe:r4lll. I left the room, and then the bell razz. I believe
the name of the person with l'arkins to be Swift. I just opened
the dom., and when I saw it was 31r. Parkimt I retired. After the
bell rang several of the printers came dean, and some of this
gentlemen who were in the front room with me elso went out. I
saw Mr. Parkins make great resistanee to those who tried to re-
move him. Swift was alas removed. He struggled in the effort.
Cross-rxtunined—l am the Editor and part Proprietor of the
Diepalels. The paragraph marked with a star in the paper
of the was pit iu under my directions. Mr. Harmer 14 •
l'ruprietor also, and the attorney fur the prosecution. I ant net
now employed on the Me, nine. Herold, thongh I have been foe
many ytars. I resigntd toy situation Mx months ago. In 181$ I
was Editor of the Paper, and continued to repert till the last rum-
wee. There were other persons writing with me in the train MOM.
I knew the voice of Mr. Thwaites. I told Mr. Dwyer, Mr. Ottir,
add Mr. Comae. They did not get no immediately ; but whet
the bell rang they all went oat. Whet .Mr. Thwaitcs said to them
Ido net recollect. Eventually they were removed by force. They
struggled with their anus. They were near the stairs. There ware
seven car eight persons present. 1 saw the transaction. but I me.
not meddle with it. I have no personal hostility towards them, at d
certainly no friendship.
Ite-exantined—Are you one of the persons indicted fr: this
assault ?...Yes, Sir, though I never saw Swift.
John Mills Robeson examined.--1 ant the printer of the Morn-
ing Herald, and remember the night in question. I saw Parkins
in the room of Mr. Thersites ; 31r. Thw: des said Parkins insulter;
him ; I urged him to go out. as he was obstructing the beaincss
he took no notice of what I said. 31r. Dwyer came in, and alms
urged Parkins to leave the morn. Atter repeatedly ordering Swift
to quit, 31r. Dwyer took hint round the middle and pot hint into
the passage. I'arkins was also put nit ; who pat him out I cannot
positively sac. I'arkins ofliired resistance, end strove to get back
again. Ile threw Thomas Young down stairs in • very violent
utanner.

Cross-examined:Swift defied Mr. Dwyer to lay hands on Par-
kin& After they weer ordered down by 31r. Tharaites, myself, and
.Mr. Dwyer, 31r. Thwaitrs said, •• Kick these fellows down stairs."
Parkins and Swift were troublesome customer., and they were.
ejected. After Young was thrown down, there was a feeling against
Parkins.

Re-examined.—Parkins was not moved down all a! nave ; he
showed no willingness to gn at any ore time. I was a little stag.
rated at the fall of Young, and remonstrated with Parkas. bus-oil
in vain.
ju:ifl Trull:examined Dy Mr. Qum-11e merely proved hat teg
heard Mr. Think+ talk loudly.
Mr. John 1). Dwret—llias at the /freold office on the night in
question, and upon hearing the bell went to the room of Mr.
Thwaites. I remonstrated with Parkins, and told km he waulel
he put out by force if he did net quietly leave the rom. I put km
outside the door with the assistance of another. Ile used the greatest
possible resistance.
Cross.etamined.-1 hare been six rears et the //feed on re-
gular salary. I told yon you were impeding the business, mid that
if you had any count on dl r. Th wanes. to make it at some mare
conveineat tints. I saw no one strike you, most decidedly t I my-
self never struck a blow. r saw Swift pushed out of the room.
Ite.examined.-1 sin one of the persons indicted ; 1 gave my
evidence on the former trial.

Mr. William Quin was at the office on the night in qnestion, and
saw Parkins and Swift in the room of Mr. Thweitta. There we:m
other peowins there, and all entreated both to leave the room. ). re-
peate I my request, and finally took Swift in my alma, brought bite
nn: Of the room, and pfaced him in the passage. I ward no further
violence. If they had then thought proper to kave the home, there
was nothing to prevent them.
Crosv-eximiiried.-1 am employed p:Tms.nently, and paid by tbe
week.

3lr. Thomas ('firmac examined by 31r. C. Put sirs.—This
witness fully currobointed the two former wituesses.
John Ryan, a compositor, examined by Mr. Qtrix.—l heard
tho noise; I came down, and turned swift down attire; t then re-
turned to the painuige ; Swift also returned. Parkins was then.
holding each side of Mr. Thwakes' door, to prevent his re-
moved. Perkins was removed ; and 1 next saw him and swift in
the street. _ .

The cross-elamination of this winless wss precisely the same as
that of all the other witnesses.

Thomas— Vouna. • einnoositor. deposed to hi* tieing thrown
down stairs by Parkins. I did not lift my Pond against an, pea.
Non. I was one of the defendants in the action of Swift and
Thwaitea. . . .

Crnes.examined.-1 nerve saw Swn't in the house..
Alexander ::161:stisland. • nmipositor, remembers the night it.
question. rZet,ilt offered to light any one. but no one answered 0, r
challenge. 1 leguested Parkins to go out. but he refused. 104
seized me be the coat. and dragged roe along the passage, and.
when I was dawn, 1 was kicked.

Croos.examined.—The bell and the uproar in.hteed me t Gni.
down s:a7rs. I sire !Olt tny honour 1 did str:ke