The British Press; or, Morning Literary Advertiser.
London, England, 1824-05-27 00:00:00

Come Chetwynd %Oleg se stated the law tithe miner dole af
the offence, the Jury having returned a gonad verdict of rdky.
of which verdict he, the said George Chetwynd expearang bis
sa-
tire approbation, the said Court, by the said Osage Chotwysd,
pored a severe sentence upon the said defendants, Me thir MOW
and greater degree of such came, as declared by the odd Gaillp
Chetwynd In passing such sentence, namely, for a riot, and Aleasa
limiting the said officers in the execution of their duty, Mhos* an
deponent pith the said defendants were not bollard fano, wroz
such assault p roved • and this deponent further oath that alt
It may be tide that the said George Chetwynd, ha his sonaming up
and address to the said Jury, stated that from the feces
Proved the evidence in his opinion on the part of the twosome&
had substantiated the ease against all the defendants, bat if they
thought otherwise, they would give their verdict atherdingly t end
that If they, the said Jury, had any doubt of the gale of any one of
the defendant'', they would give him the benefit of that doubt. and
ate nit hint, defendant, this deponent smith, that the effect of Pula
iodated parly's. su selected by the said (leoegeasetwynd and set
forth in his said affidavit. was wholly, as deponent eerily believes,
lost upon the said Jury when contrasted with 'bestrew and pointed
remarks with which the opposite view of the eue was impressed
upon the minds or the said Jury by the said George Chetwyndt but
which parts or tiassagen of his said addreas the raid George Chr,
wyttil lial wltollv omitted in his said affidavit and chit deponent
further pdsitivery, upon his oath, with, that the said summing up
or charge of the said George Chetwynd to the said Jury was, in
the judgment sod belief of this deponent, calculated to excite
great prtjuthee in their minds against the said defendants,
arid was calculated to indtiee the Jury to give a verdict
other than the facts proved in evidence might require, or
would warrant ; and this deponent, upon hie oath, saith, he
verily htlieves that the said George Chetwenti intended, slid did
thereby endeavour to pretudice and mislead the said Jury
in coning to a conclusion and giving a verdict upon the said eve.
dence ; end this deponent further said, that the said Chairman, in
commencing his charge to the Jury, observed, that they ought to
lay entirely out of their consideration 1111 questions sod disputes be.
tween the Con'gcs and Sir George Jerninghamt—they I the Jury) had
nothing to do therewith, and must confine themselves to the indite.
rnent ; yy •t. nlverthelema, the said George Chetwynd, in the coons
of his address, addressed the Jury on the subject of the 'illegal
offence for which one John Wilkes was apprehended by the con -
s'ablet at the time of the alleged riot, and which was connected
with MIA claims anti disputes, and improperly, es this deponent
submits, appealed to the feelings of the, said Jury thereon, and also
followed such appeal by a summary of the hush and violent espies-
. sions attired to have been uttered among the anted upon the ottea-
Mon, although the same were cot, in the lodgment and Relief of
this deponent, proved to have been intended for or applied to the
said constables ; but in one instance the contrary wan proved,
as appears by the said report, and throughout the whole of sat sh
address the said George Chetwynd did not make any remark or ob-
servations upon the evidence favourable to the defendants or any of
them ; and this deponent further with, he verily believes
that the staid summing up and charge to the said Jury
did greatly prejudice the minds of the said Jury, and that
the sad Jury were iufluenced thereby, snit induced to give a gene-
ral verdict, not warranted, as to the said Charles Flint. by the evi.
dence given against hint. And that the said defendant, Charles
Flint, WAS thereby, in the jusigiuent and belief of this deponent,
' deprived of a fair and impartial trial, which had he, the said dela-
dant, Charles Flint, and thin deponent verily believes and submits.
that lie must have been acquitted. And this deponent further
saith, that he does not believe but denies, that in the judgrtait
and belief of this deponent the said George Chetwynd acted upon
the said trial honestly anti impartially in the discharge of his duty,
or that he was actuated only by an anxious desire to discharge tna
duty required upon that Occasion. On the contrary, this deponent
smith he hath every mean to believe, and duth believe, mat the
said George Chetwynd has long entertained vindictive and hostile
feelings towards this deponent, he, this deponent, having consci-
entiously. in the discharge of his duty to his own clients. im-
peached, by observations and otherwise, the correctness of the con-
duct of the said George Chetwynd, as a Ca' mmissioner of Bank-
rupt in a Commission under which this deponent wee the Soliatur,
and out of which various hostile proceedings were instituted in the
Court of Chancery. anti also having instituted certain criminal
proceedings, particularly against one fleorge Emery. who was ulti-
mately convicted, hut who having violently resisted the officers in
the execution of their duty, thereby caused an affray, in which
this deponent in self-defence struck a woman engaged therein a
blow on the hand, for which this deponent was indicted, and sen-
tenced by the said George Chetwynd to six months imprisonment,
and a fine of IDOL, but which line was remitted, and the remainder
o' the sentence abrogated, by the proper authorities, which said
vindictive feelings were, as deponent believes, further exasperated
by. the refusal of this deponent to make certain alf/CelL4ollll and ad-
missions required of him by that said George Cheney's& of the
impartiality of the said George Chetwynd upon the trial of this
deponent, and by the publication by deponent of the trial of the
said indictment for the aforesaid assault. And this deponent fur-
ther solemnly and upon hi. oath saith, he cloth verly believe that
the maid George Chetwynd was, upon the trial of the said indict-
ment, and In the sentence passed upon this deponent's brother,
actuated by such vindictive feelings towards this deponent. And
this deponent charges the sentence twit, inflicted under the power
given to Magistrates under the very late Statute, and particularly
the mode in which it was carried into execution, with the inflietUn,
as this deponent believes, of every disgustioig and degrading de-
scription of labour that could aggravate its severity, as pregnant
evidence of the feelings of the main George Chetwynd, and of the
mot:ou by which he was actuated throughout the prosecution and
punishment of this deponent's said brother.
Sworn at Um-meter aftwataid, the 27th
day of April, 1821, before nie
W. Warren, by Commission."
Mt. SCARLETT--The deponent states that in his opinion it
was not necessary to produce the evidence In his brother's defence,
because there was no evidence to go to the Jury. I agree to admit
that in my opinion there was evidence to go to the Jur-. Never.
thele.s, in declining to cull the wetties.es. my Learned Friend, Mr.
Ryan, acted precisely as I should in the same situation ; for though
the words sworn to by Rowley were sufficient to carry it to the
Jury, yet looking at the whole of the case, I could never have
supposed thut any Jury would hare found such a verdict. I ap.
prove entirely of my banned Friend's conduct. because on reading
the report 1 see that I should have expected that Mr. Flint would
Aare been acquitted. Mr. Abraham Flint states no his solemn
oath, and I allude to it reluctantly, that in his opinion Mr. Chet-
wynd did intend to mislead the Jury by his summing up. He
states that Mr. Chetwynd appealed to the feeliugs and prejudices
of the Jury; and he observes very properly, that that appeal,
actuated as they were known to be at that time, by party, was an
evidence of the partiality which Mr. Chetwynd professed to avoid.
Mr. Abraham Flint also refers to other reasons for the want of im-
partiality in Mr. Chetwynffs conduct. Ile alludes to the proceed-
togs under thoCommintion of Bankruptcy, which, indeed, are even
now depending in the Court of Chancery.
The Loan Came Jc STILE-11e refers to the matters in his
former affidavit ?

ABRAHAM FLINT.

—..—..-
Mr. SCAILIETT—Me swears that those matters operated to TWO-.
(hoe vindictive feelings towards himself and his family. There
are several other &Suttees confirming these as to the mode of 31r.
Flint's trial, the • g up of the Chairman, and the apparent
feeling that was displayed throughout these transactions; but I
will not trouble the Court with them, and will only read iliac of
Mr. Hawthorn.
" John Hawthorn, of littneeter, in the county of Stafford, sur-
geon, makerh oath and saith, that he (this deponent) hath fier many
years attended professionally the family of Mr. Abraham Flint. of
rttoseter afireaaid ; and this deponent further smith, that, in the
, month of November hat, lie (+his deponent) was requested by the
said Mr. Abraham Flint to visit in his penfesaional carmen, bin
brother Mr. Charles Flint, at that time under confinement in the
county gaol. And thin deponent further tialth, that in purulent
of Such rt quest, he (this deponent) did, on the Ist day of Nolen-
, bey aforesaid, go to Stafford, and waited upon Mr. Francis H ophes,
the surgeon of the said gaol, and informed hint of the ohject of
his (this deponent'.) visit, and repeated that he niig'it be per-
I mitred to see the mud Charles Flirt. to which the said Alt. Hughes
objected, hot stated that he would go to the said gaol and 'peek
with the U tverrior on the subject, and asked this deponent to go
with him to the said Governor, which this deponent deelinet, but
sad he would follow the said Mr. llitglies to the said gaol, haring
'to see some persons in the town. A nil this deponent will, when
he strived very shortly afterwards at the said gaol. he was shown
+ into the (lovernor's °dice, where he •' this deponent) found the said
Governor amid the said Francis Hughes together, and immediately
on his (this deponent's) entering the room, the said Goverose
warmly addressed this deponeri on his having no requested per
-
I mission of the said Francis Unglue to visit the said Charles Flint
ernfesnionally, which the said Governor, is the presence of the
said Francis Hughes, refused to permit, or to suffer this deponent
I to see the said Charles Flint at all, unless he (this deponent I would
pledge 'Unwell that lie would not consider sudt visit -toe sum.
ally, and that he would not examine the said Cheers Flint as ii
the state of Ida health or his complaint. and that he would n tither
advise with him nor priscrilse for him thereon, which liner time
i discussion, occasional by this deponent's endeavoutnig to obviate
die objections and the restrictions under wilco it was proposed to
I confine this deponent's visit, he it... deponent) was obliged to
; submit to, and did accurtlinAay p 1 elite himself as required by the
said Governor, and give hia word to the said Francis fltiehes that
he in uld not examine the said Charles Flint nor advise him pro-
' fesaioidly, nor would he (this depteteet) consider himself as visit-
ing the said l'harles Flint in his professional raity. And this
deponeot bather faith, that he (this deponent) tattitre, admit% it
to be true that he was allowed to see and remain with the said
(herbs Flint for some time, though not for any considerable time,
and was upon that occasion attended to the said prison by the said
Francis Ilughea ; yet he (this deponeat) positively denies that the
said l'harles Flint hid 'spin that occasion a full or any opportunity
of consulting with this deponent, molted he (this deponent) • full
or any opportunity of consultive with or advising the said Charles
Flint. And this deponent further with, that he wee not then, or
upon any other occasion, consulted by the said Charles Flint upon
the state of his health. nor did he (this deponent) examine, consult
with, or advise the said Charles Flint thereon, but on the contrary,
dep'neot each that he iefornied the said Charles Flint, who did
attempt, and appeared anxious to consult this deponent, that he
(this deponent) was so restricted as aforesaid, and that he had
11 pledged his word not to do so, nor in any manner act sir consider
such visit pnifessional. And this deponent saith, that he (this
deponent) dud not remain with the said Charles Flint longer than
,! the space of ten minutes or a quarter of an hour, during which
.; time nothing whatever passed on the subject of his alp illness.
"J. IIAIVTHORN.

" Sworn at littoxcter. in the County of St.dford,
the 30.11 day of April. 11121-11.40 re me,
T. Rt•sn T us (By Commis/6mm—
MT. SCAIMETT then proceeded to read a report of the trial,
which was ►warn in hitt affidavits to be faithful and correct and not
denied by NIL Chetwynd to bran in any part of hi. affidavit. The
only resistance that appeared to have been (deed wss st.ued by ot.s
of the constablos to be, that he was pulled by the sluts of his w►.