The British Press; or, Morning Literary Advertiser.
London, England, 1821-02-01 00:00:00

Loa- " ' • • "
LAW MrELLIGENCIL

COURT OF KING'S BENCH, Weettatererno
WeDIMIDAY, JANUARY 31.
TVs RING V. MAJOR CARTWILIGHT AND °THEM&
The ATteltatlf-GtirRAII rose to skew cause against the
rule obtelned the last Term, for a new trial in this case.
Mr. Justice Brit read the first part of the Chief Baron'.
report, before ahem the cause was tried at Warwick, 'at the
last Sommer ANiZee.
The ArroanaT•G said, that as the motion for a
new trial was grouoded ea what occurred previous to the
trial, it *owlet hardly be necessary to trouble the Court with
any thing bet that preliminary matter. The Learned Gos-
ed went we to oppose the grounds us which the rule bad
been obtahted. The two principal' points relied upon by
' the ether bide were, hest, she objectionable mode in which
the Special Jury was struck by the Master of the Crown•
office ; and 4dly, that the'Learnied Judge who tried the cause
had mot permitted the D. Godards to put certain questions
to the SpeciolJerymen as they came to the box to be sworn.
An objection also was taken at the time of the trial, that
one of the Special Jurymen, who ought to have beer on the
trial, had uut bete summoned; but that, be apprehended,
could be eo ground for a new trial, except it could be sheen
to be by conuivanee of the Pruseeestece. By the Chief
8e.,,'. report it appeared that some evidence was heard
on that subject, cad in the result his Lordship ordered the
trial to proceed. The Learned Counsel now read en that
subject the affidavits of W. W. Lee, the Under-Sheriff, who
Aimed the warrant; of W. Loasdale,: bailiff, who issued the
swanwaons; of W. Col/legion, the carrier, who took the sump
moos fur Samuel Peach, Esq. and left A with the toll-gate
keeper, near Mr. Peach's house; of Harrison, the
gate-keeper, who gave ibe summons to the shepherd of Mr.
Mach; of Marshall, the shepherd to Mr. Peach, who
received the. eremites from the gatekeeper, and left it,
with, the Warwick newspaper, or the hitches dresser at Mr.
Poach's, urn the Seeday sum meg as the causer:time on to be
tried-on the Thursday following. From these affidavits the
Leareed Counsel submitted iharthe first objection was com-
pletely got aid arf. As to the second übjectionithat the Mas-
ter uf she Crown-office had eueducted himself with- partiality,
be apprehended that if that were allowed to-be true, and e
good ground of complaint, it would now come too. Isle, as,
indeed, the Defeedanis- tbsaiselves appeared to think, for
they bad before the trial gone before one of their Lordships,
and applied to get rid of the Master'slloMittilloll, but failed-
ft did not appear to him that this called for any answer ow
the part of the Master, but be had the affidavit of Mr.
Ladringlou„ which stated the facts which occurred ea the
application car the Defendants at the Crown-office, not mate-
rially different from that made by the Defendants, but in
the conclusion he stated, the( he knew by name only two
of the Special Jurymen he had selectedd, and knew nothing
whatever of the connexions or principles of soy of them.
So that it appeared, as might have been supposed trom the
respectability of the officers that the sinkiug of the Joey
bad been conducted in 11w accustomed acid lawful manure,
and without say bias or partiality whatever. The Defend-
ants bad, indeed, acquiesced in the inanimation, and rept-
lady reduced the panel, but be conteeded that the conduct
of the Meador of the Crowii-office was uu ground of chat-
leuge to the array, the Master living •in Lesotho', and out
being present to answer such objections which might by pus-
sibility be made in three different counties at the sante time.
The Learned Counsel submitted, that it was not accessary
for host to gu over the round spits, as the matter had been
so fully sad su trawl" gone into in the case ufthe King a:
Woolley. le the case of the King e. Cook, iiiScilksid, gees-
tions were attempted to he put to the Jurymen as to their
haring expressed any opinion unfavourable to the Prisoner
before the trial. The Court overruled it, audit was then
held (sad has bees the practice ever since) that such eees-
liens could not be put to the Jurymen themselves, bee evi-
-1 dente must be brought of it. lea the case of the King e.
O'Cleolgtey, at )luidslose, the same doctrine was held. If
the Learned Judge at Warwick had permitted questions to
be pot to-the tradesmen, which he was not bound to bate pee-
miteed. that could be no argument against *us tot not tufa
Nein& the same comae to he proceeded la with the Special
Jurymen.
Mr. DENMAN inrutioned, that Iwo affidavits which were
alluded-hi by the Lord-Chief Baron in his report were rut
before the Centre. Some dissuasion stow, as Mr. Dennum
urged the necessity of having them. During the discussion
they were sent by the Associate, and were read- by the Winter
of the Court.
Mr. DrailAN them said, that the general doctrines urged
ow the other side, were of she most alarming satire, sod
went to extii pate all the benefits of trial by Jury, as be-
tween the King and his subjects; for both his Learned
Friends had gone the leesih of stating, that so- challenge to
the array could take place fur the conduct of the Master of
lbs Crown office. The Learned Counsel proceeded to argue
that the Act uf the 3d George 11. had nut deprived the
sithject of any one of h s tight., mid the emit of the King
against bleriay, in Straw's, was an authority to slew dist
that view wes curter,. 'I be LearnediCusissel cited several
other Mel., shewiug that the eliallenge to the array was ea
the same footing as before the elll4Ctlitellt to the Statute
3d George 11. Ile •pprebesided that, because the Defendants
had, after urging their objections to the Master, and before
one of their Lordship, afterwards proceeded to strike off
the twelve Jurymen, to say, therefore, that they hail waived
their right bysu doing, was a proposition not to be maintaie-
ed. It could not, he thought, have been the iiiiratioh of the'
Legislature to place the Juiries (dike country au tidally at the
discretion ursey tanker, as, according to the coustrection of
his Learned Friends, this Act world put them at the merry
of the Slicer of- the Crewe-06re. If the Ace of Parlia-
ment. was the only sethurity, and the Attoiney.Georyel
seemed so to think it, then it must be strictly complied
with, and the panel' struck mint be the Jury to try the cause.
Mr.Justire Stre—"Theu say trial where a tales has been
prayed, the verdict might be set aside?"
Sir. Demote said, the right of praying a tales existed be.
fore the statute, and was not torched by it. The matter of
semmoning was considered by my Lurd Coke as • very
serioua affair; sad by. the statute 7 and 8 William 111. the
mode of *masoning was particularly provided fur, and
served to thew that it was • must essential pulsated that at
least the- way is which it was done bete was not wily care.
Ira, loose,. sod irregular, bat suspicious. The power
given to the Master, if Ins Learned Friend's view were correct,
was re unable, incoustateut, seal subject to torch abuse.
Be had braid of • Noble Peer in a northern reality, who
having some dispute with the Magistrates, procured all his
tenants to be called Esquire on the Freeholder's roll,
and 24-of his tenons were in coutteepience on the pastel.
The Noble Duke gut a verdict 'on that occasion:—
This was as *cede,. which he had beard, and sbewe-d its
liability to abuse. It wisest objection taken at the trial that
Iberia were 211 Mailers/ea on the panel, and they were
objected to, on the greased that the prosecution had been
instituted al the dean of the Magistrates of the county ;
although there were a profession of affidavits, yet there
were none which negatived Unit pert of the statements.
Mr. Justice Baal—" It would be extraordinary if they
had introduced into their affidevits what was nut is your
rule or •flidarit."
Mr. Damian justified the observation he had made by a
reference to the observation of the other side, and added,
that he believed if Mr. Spurrier, the agent to the Solicitor
of the T y at Biresieglialin, could have stated that mune
add Magistrates who were on the Jury at the trial were of
the number wbu had promoted the posectetion, he would have
dune su in his affidavit. The Lesrued Corensel roateaded,
that lie bad the authority of the Lord Chief Baron himself
that the questions proposed to be put to the Jurymen
were proper as regaidi it the talernien, and he confessed
he could not distinguish between them and the Special Jury.
The doctrine in the King against Cook was grounded us
the audios, that uo qneshiuti could be put to a Jury's's%
the mower to which might tend to bus disgrace or *-
ferny. Now, this was put as a ease of prejudice, and
he submitted that the question could not have implied In-
famy or disgrace, if the answer given had been that they hail
texptesaed as opinion in the ramie. l'he Learned Counsel,
thenshortly recapitulated his principal arguments, sad trust-
ed the Court would make the rule fur a new trial liberals's.
The Limit Cuter JUSTICI said, the Court would not
be able to hear Ike coactusioe of the argament to-day's
they would bear the temaindcr, therefore, oa Monday meat.

tHE QUEEN.

. .~

• • .
The following Addresses were presented to her
Majesty at Bealtilesiburtgli flow, yesterday :
Blaudford—W. %Vinton's., EN. M.P. and Alderman
Wood, M.P.
Biggleiwade—Franeis Pro, Esq. N.P.
Birmingham—Alderman Wood; Ate.
W•rr ingion—Aldernean Wood, M.P.
Ditto, Females— Ditto.
Newlyn and Maitrehold—Ditto.
Woodbridge—Ditto.
Wentage--Ditto.
St. Pawnee, Chiehmter—Ditto.
Abingdoe— Ditto.
Lackford Hundred, Staff°lk—Sir W. Rowley, M.P.
Bedford—Lord %Vot. Russell.
Taunton—Mr. haring, M.P. Mr Warr?, M.P.
Manchester—Lord!. Russell, flon. It. G. Lkurerti, M.P.
mid J. G. Lonsblow, Eq. M.P.
Lichfield—Lieuiertaut.Ge' areal Sir 0. Arson, M.P.
Witham Fersers—Earl Firzwilhans.
Hwll—t nu.
Illoomoutl—Alderman Wood, M.P.
Dartford—Me. Ames, and Deputation.
Orkoey—Hint. T. Dannetss.
Bieckuuek—W. A. Marktrks, Ray. M.P.
Gosborougls—Lord 11111totor Mr. Chaluner, M.P.
wriogion—Alderman %Vaud, M.P.
rblry—Ditio.
Juildry of Dirodce—Josh. Barite, Eli, M.P.
Zdoirti—Ditto.
"rive Incorporated Trades of Perth—Ditto
Peneyeuirk—Ditto.
Beading, kle of Right—Alderman Wood, M.P.
Borougb of Lewis—Mr. G. Sinai t.
Droilwich, and Sisrewabovy Benefit `Society—llunottrah'r
H. G. Sestnett,
All Salsas, Poplar—Deputation.
inhabitants of b.iuqueuaiiiia, County of Pennsylvania.
North America—Mr. Beurigkartv, M.P.

Yesterday the buchess of CERRRNCR recrivea
viols from the Countess of MAYO, the Couniems of
HARCOURT, and several others of the Nubility.--
Iler Royal Higlinos rode out Ur her eariidge 11
the Park.
Yesterday the Lord Mayor of Dublin, and the
other Members and Officers of the Corporation in
Londoa, wegt admitted to view the King's Palace

Sir W. Scuts', we are concerned to say, lies &in—
gerously ill. at Ins residence in Grafton-st►eet. Ile
a attended by Sir H. HAt.ruitcorsiiil Dr. llst.t,Lis.
A few days llrt•k his life Wall despaired of. Crii
Monday hot a more flivoierahle change took place.
We are happy to be able to state, upon unques—
tionable authority, i,Ssi the venerable Margins oft
LON DOM MURRY (Lout CASWIAREAG4I'S- fart het
was, in the early part of the present week, roust—
derably recovered from the elfeets of his late setts
attack.--/ Dablers Correspondent./
The King's Theatre, it is now positively stater',
will open under an entirely new direvtion, in the
middle of this month.

We regret to state that in consequence of the
indtleis indisposition of Miss WlLsom, the opera of
Artaxerxes Isawistit ps.!rforused last night at Drury-
lane. The Lord of the Manor was of necesnity
substituted in sin stead, and • hand bill was cut:st-
inted wish all possible expeditensi, to apprise the
public of the change. Miss WlLson's complaint
it, we attutenteatuk, • cold, accompanied with fever.

Mr. Boum has stlfietiky withdrawn hlmsrlf
from Drury-lane Theai re.

AWirt.riti Tiisafar.—The hidefaligable Proprietors oS
this Establishment have 00000 need a mew Alelo-drame,
Moulded u• Kenitsrotfb, the hod of Sir W. Sentt's Novels.
The viva in itself is highly dramatic, and no doubt,
be very attractive WI the State ; and funs lin-great cue
mid •itentior which are paid to the proihirtio• of pieces at
Geis Theatre, Ilse politic bare a right to taped as amazing
treat.
Yesterday • Court of Directors was held RI the
East India H0w.... wisest the destination mid times.
0r the following slips were thus altered, viz..--
The Thomas Greuville, Captain W. Akashi', and Mar
lon of Welliogtou, Calvinist .1. Wood, from Bengal direct to
Madras and Beiogal—io be afloat Iflth Mareh—•uit in
Gravesend 181‘1 March—stay there 30 days,. and he is. the
Downs Rtb May.
_ _ •_

The Rase, en;ptiiii T. 1111Tsgrart, and tfie Prineesurtliar-
lotte of War% Captain C. !Wen, from Chien to Seurat
direct—to be 'afloat 17th May—sail to Gravesend 31,4
May—slay Ilwee 30 dap, and be to the 1.1,m0. 6th July.

last morning at as early hour the scaffold was erected:
opposite Ike Di blurs' Door, New/gate, and an immerse
crowd assembled ucar the spot for the purpose of viewing
the awful ceremony of the execution of the Ave unhappy is-
dividuals condemned to miffs r the seines's:cull the law. The
deepest interest was evened upon ibis oreuiam, in mime.
(pirate of the. rain me youth and respirtaliilety of INS 0$
the parties. They were all touvieted of highway robberies.
At about half pain seven o'clock the Sheriffs, mcepaspa.
tried by tie proper offirers, attended the prison.
The Sheriffs, &c. Illoccethd to the tress. yard; on enteritis
which they beheld the must awful sight. Martha, who woa
• ./evrioans sitting upon a form, and agreeably to the prac-
tice of his religion, he had suffered his black beard to grow
a considerable length ; lie was accompanied by two Priesiii.
and they joined each other in prayer in the Hebtrie tunevr•
Johnson, a yomils shunt 18 years of age, or prepossessing
appearance, was brought in honed, and crying. He was
very fervent in his prayer.
fleeces was brought in next ; be was resolute at Ann, bet
ultimately prayed trreenily. He was no more than 18 years.
of age also.
Darks, a very peepossessiag lad, was neat brought iu.
He was convulsed voids grief so much, that be was deprieri!
of utterance. He was only 15 years of age last Febroasr
teat had been guilty of many crimes, although young. U.
had been before ist Neivgat• ou various charges.
71abis, a flue LAkiug young niau, of getastetrinaly..p-
-1) , was meat brought hi ; he was greatly depicssrd,
and after baring his irons knockd off, he told the Sherins
that he forgave his proirecsiors, and hoped they would di,'
as happy sake should.
The Prisoners after this were conducted to the scsffotil
They were all very penitent, soil couducled themselves wil'•
great sleepiness. The ropes being adjusted, the farm site .
was given, mid they were lainvelsed Tutu eternity. 'I h•
died without a struggle.
The whole of the culprits. rave Martin, the Jew, code moil
the justice of their sieutences, but be, up to lbe very last
mimeo., positively declared his innocence; he was aiiend.d
by a Mr. (tutu, a priest, who was very indefatigable, and
sat up with hint all night praying. While, whom family
connexions are highly iespeciable, was reprieved at a laic
boar on Tuesday night.

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Bauk L. Ana.— lett

!ICS YEirTER DA Y.
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Primed awl Published at Tea Blume P. mid Tor
Gt Write, No. 1173 dlrsod, by C, CVIINFVELI.,
at the Stroud.