The British Press; or, Morning Literary Advertiser.
London, England, 1819-11-19 00:00:00

EARtuQuArE.

>Rom skim. loiltmsca 7.
Oo the 13th October, Indween eight and nine in the morn-
ing, there was • smart shock Omer earthquake at Moen, it
which lime •a mammas piece of a hanging roe k fell with
• ilreadral noise into the ri'ver Elsler. Prereding the shot',
some rematkahle phenomena had been observed at places in
the netchboorhond. Near Gera. at 30 measles pail wren,

a m. scarcely an boor before the @buck was felt at Plasm).
'a noise is Ike air was heard, resembling the iliseharge of
, and ending like the ringing of hells. At Kiwirits
Mime people thought they felt au earthquake, and 'oceanic
doses fell at the same time about a league fruits Gera.

LAW INTELIJGRNCIf.

COURT OP CHANCERY, WltirfiliflUlleat
THURSDAY. NOMPIIIIII/ 18.
WRIT OF HAREM; CORPUS.

AS the ?RAW,. of ST :41 LEY GODDARr, a Bankrapt•

The LORD CIIANICEI.I.OR. on cwm►tn; into Court,
observed, that I.e had reconsidered this ease, and
his opinion was not altered, that the commitment of
the Commissioners was g I, therefore it was out
of his power to order the discharge of ;he bank-
rupt; it would, however, be tatisfaetnry to hint if
the bankrupt took the opinion of the Court of
King's Bench or Common Pleas on the subject.

WRIT OF ERROR.
THE. LORI) MAYOR'S COURT.
GORDON AND OTHERS V. MURPHY.
The ATTORN ZY-GEN ERA 11. mated he had a motion
to make. to set aside a writ of error. granted 11
the Great Seal. There was a ptcoilisuity in the
circumstances of flyr case that certainly mode lion
at a loss how to address the Cellist on the subject.
Hr had looked into all the books that bore on the
subject, and lie was not able to find a precedent
where such a writ had been before granted no a
similar proceeding. The Plaintiffs brought an
action against the Defendant its the ►Mayor's Court
of the City of London. to recover a large stun of
money, but he dill not appear, and, of course.
was in contempt of Court. An attachment wall then
issued by that Court against Lubbock and Co.. the
holders of 5,6001., the amnions of the Defesalent.
to which attachment Lubbock sod Co. returned
that they had no effects of the Defendant. How.
ever the Mayor's Court gave a verdict against
Lubbock and Co. for 5,000/.. as garnishee; the
meaning of which was, that the person recover-
ing the money from the garnishee should hold it.
but if the Defendant, the person indebted, put
in an appearance or bail in a year and a slay,
the monies were to be returned to the garnishee.
In this case no such hail or appearance had been
entered by the Defendant, and the writ of error
was granted to the garnishee. and it Will the
first instance of such au application having been
made; no blame could attach to the Great Seal
for having granted it, fur every person knew how it
was &gamed, by the mere routine of the business
of office. He would not trouble his Lordship with
the facts of the case ois they appeared in the Mayor's
Court, as, if he did so, it would sheer that the
writ of error was merely applied for for the pur-
pose of delay. Under there considerations he had
no doubt but his Lordship would grant his motion.
Mr. Bot.LAND fullowed.roul stated,!ilisit a Plain•
tiff sued a Defendant in the Mayor's Court in the
same way as he would in a Court ■t IVestminster,
with this exception, if a Defendant remained in
contempt, an attachment issued against his goods
and his monies whe r found in the City of Lon-
don. The garnishee then its this case had no
interest; if there was-an error in the record, the
Defendant, by clearing himself of the contempt,
might come in and take advantage of it, sod not
the garnishee.

Mr. AR4111,1 followed on the same side.

Mr. NORTON, Counsel for the garnishee. con-
tended that his client bad an interest, and the
writ of error was properly granted ; for, if he paid
the money under an erroneous judgment of the
Mayor's Court, and an action was brought against
him by the Defendant for the recovery of it, he
would not be able to defend himself on an invalid
record. It would not perhaps he improper in him
to let his Lordship have an insight into the case.
The Defendant Murphy, who was in a foreign
country, consigned a quantity of goods to Pinnard
and Co., and they paid the proceeds of the sale of
the goods to Lubbock and Co. fur the use of the
Defendant. When the cause was tried before the
Recorder, evidence was offered to be gi►en, that
there was a long pendiog account between the
Plaintiffs and the Defendant, but the Recorder
said lie could not try that; he therefore contended,
that the Recorder was in error, for he ought to have
tried that point, which was sufficient ground why
his Lordship should not grant the motion.
The ATTORNEY-GENERAL replied, and said,
that by the adinivsion of his Learned Friend, Mr.
Norton, the writ of error could not stand ; for if the
ruling of the Recorder Will wrong, they ought to
have taken exceptions to it.
The LORD CHANCELLOR—" It appears to me
that the writ of error must be quashed. We hare
great difficulty here, Mr. Holland, of knowing
whether the Lord Mayor's Court takes notice of
equity."
Mr. BoLLAND—" It does not, my Lord ; but
the Recorder sits in soother Court for that pur-
pose."
The LOAD CEIANCELLOR" I thought so; and
where be has as much jurisdiction as I have."
Mr. BOLLAND—" Where he has juiisdiction,
but nut to the extent of your Lordship."
The LORD CHANCELLOR—I' Let the writ of
error be quovlied, with liberty to search if ever such
a writ had before issued in a similar case."

His Lordship was occupied the remsiuder of the
day until two o'clock in hearing :mama. of Sin
interest except to the parties coocerued. At shot
hour the Court rose.

COURT OF KING'S BENCH, TRUISDAY, Nov. IS.

LIBEL.

Mr. Serjesnt VAILTGHAN prayed the jade..
ment of the Conn on Thomas Thomson, oho,
had been convicted at the Leicester MAW:
of publishing a film. scandalous, and mob.
ciuus libel, on John Piddock, clerk. (*erg.::
ing him with abuses, oppressions, and partials..
ties, in the discharge of his duties as a Justice of.'
the Police. The libel was contained in a knurl,
signed .1, Dumanitits," published in the Leirtater,l
Chromick, of which tbe. Defendant Waif I hf pubs
Usher. purporting to be a history of an. offaimer
committed by Ai pour. man of the, now Of .!itras.,
ton, and of the punishment inflicted oil bins, by.
order of tbe Rev. l'iosecutor. The olive also made:
'several very. severe strictures on the .conduct of
Mr. Piddock representing the (Itemise of power in
question to hate been arbitrary, cruel, and
and charging him with having lent lum,elf to the
feelings of another vindictive Prosecutor. Stratton
was a day-labourer, employed last whiter to dig
potatoes in the garde. of (3}.. Mimes Esq. ; glee
evening, when going rosy from wink, he stole see
of the potatoes; his employer lodged informations

gainst Bee offender before the flee. Purectrfnr.
•ud the latter ordered him to be taken into aunts,.
.dy, where be remained from Saturday till M lay
morning, soil was then putdirly whipped. A crime.
gal inforinttion was applied for ag-aiiist the. De.
..fendant, by Mr. Seskint stighan, its reirrisarr.
.but it W 35 nut granted. Bills a issilsetiosesst were
in consequence pref.rreil before the Grand Jury of
.Leicester hire, svl o f I them true, and the rau.e
was tried before Chief Baron Richard+, mid • Syr.
riot Jory. and the Defendant lass found guilty.
An affidavit by the Defendant was 'sow put iss by
his C *el, in extenuation. It slated that lie had
b.en a bookseller, and publisher of The L cheerer
Chronicle, fur six years, and that this was the first
occasion on which he had been brought before a
Court if Justice to answer for any metier that ap.
peered therein ; that when Mr. Pitlilock, a solici-
tor. and brother of the Prosecutor, lied informed
him that the letter was of an iinproper and libel-
lous nature. he (Defendant) offered to insert any
article furnished or suggested by that Gentleman,
to correct or retract it, but that airier that he heard
nothing moreon the subj,-ct till he saw from the Con-
don new.papers that a criminal information had been
applied fur at the relation oft lie Prosecutor—that lie
was informed, and verily believed, that legal Fro-
reeding. hail bean instituted against hint to injure
his paper Inn election purposes ; and, at the nisi Igo.
Lion of a club called the 4‘ True Blue;"—that be
was hat himself the author of the paragraph corn.
',fabled against, it having been sent to:altis office
by a person unknown.

An affidavit by Joseph Harrison in aggravation was
then rend, slating that be load purchased a pamphlet
two dsys before at the Defendant's shop in the
country, purporting to be a report of the extra-
ordinary pro.ecution," with introductory remarks
rrflectiog on the character of the Prosecutor and
the p►oceeding.
_ _

Another was read. sworn to by G. Moore. E9l.
who averred that having been on the Grand Jury
when the hills were &rut ap against the Defendant.
he withdrew.

Mr. OBALTILY then proceeded to reed the intro-
ductory remarks from the pamphlet : they bore that
a rule fur a criminal information had been refused,
but that the prosecutor, by • fortunate concurrence
of circumstances, had iuccerded in the indictment ;
that fifteen of the Grand Jury had been members of
the True Blue, and eleven members of the Pitt
Club; that Mr. Moore, one of the witnesses in the
Incwecut,on, had been on the Grand Jury which
found the bills; and that he and Mr. Piddock had
been witnesses in their own cruse. Some obserra.
tions were then indulged in oil the mode of striking
Special Juries in the Crown Office; and in ■ Note
appended to the passage, the officer said that the
authority of Mr. Justice Bayley was adduced in
support of the statement, that the Master had a
right to pack the Jury--
Mr. Justice BAYLIIY—" I certainly never deli-
vered that opinion."

Mr. DZNMAN desired that the whole of the note
should be read, from which it appeared ►hat it ran
thus And according to Mr. Justice Bayley, if
selection means packing. he has a right to pack the
Jury."
When the officer had concluded—

Mr. Strjeaut VAUGHAN said that he had another
affidavit, alleging that the report of the trial had
been circulated nut only iu the pamphlet, but also
in his newspaper.
Mr. DENMAN then said, that he rose to submit
to their Lordships such observations as hail suggest-
ad themselves to him in mitigation of punishment.
At • period when so much of their Lordships' time
was devoted to the consideration of libels, he should
be sorry to take up much of their time unneces-
sarily. It was peculiarly difficult for him to do
justice to this case to the satisfaction of his own
mind ; for while, on the one hand, his duty to his
client prompted him to advance every thing that
suggested itself in his favour, lie felt that, on the
other hand, some of the must important principles
by which society was held togethe►, and by which
its freedom of opinion and acting was maintained
and secured, were now at stake. The charge
against the Defendant was, that he had pub!islied
• certain letter; that he hail done so was certain,
but it was with a full conviction of in truth. The
indictment was founded on libel against Mr. Pi&
dock only; on that alone it stood. Mr. Moore was
entirely unconnected with the (deuce imputed to
the Defendant. He hail been confoutded when
he Saw a pamphlet and a newspaper put in by the
Prosecutor's Counsel ; he was at a loss what to say
of them. All he had known was, that his client
had libelled an individual ; if lie had libelled the
Grand Jury, the Special Jury, and the Court, lie
(Mr. Denman) was entirely ignorant of it, and un-
prepared to defend him. But, indeed, he had
not heard any thing which, in his conception,
greatly aggravated his guilt. H.s new crime
consisted in publishing a report of the proceed.
logs on his trial. with observations. Now it
was I,,st fur him to set about proving. of what,
importance it was to society that such things
should be made public. With respect to the am.
madversions on the Grand Jury, he had to observe,
that as all persons conduct was most strongly in-
Suenced by their situation, occupation. and habits
of life ; what was guilt in one person, Nod under
certain rircutnstaisces, might not be ins in soothe►
person. sod under other circumstance•; and no.
'thing could be a stronger illustratum of that truth,
than the case before their Lordships yeste►dy.
•(Russell's), where an individual was 'naiad guilty,.
asf publishitig a tract in the country, by a Jury its
Oft country, the publication of which, in London,
OKI. been deemed inisocent by a Loudon Jury.
The Defendant was of that class of people, vtho
angered most from prosecutions for• Isbrl. Thr
4..4140M oh the press, in that instance, depended nu
Ilse feelings of the Jury; the inflaeoce.of feeling.
rood habits was strong, and therefore it was natural
,that Ate Defendant should !perk enure severely of
:thew• than if they had been taken from other situ*. •
Innis of life. A.. far Mr. Moore, it appeared from
his ovsn.affidavit that he had, in point of fact. been .
Pt tirst on the Grand Jury. He was warranted
?heitistimiying. that according to the liberal indult.
voice gioen-to.-persons•in his mode of life, the se.
porting the trial was no extraordinary offence. Was
po to be by punished for printing a .
deport of a trial is a .newspaper with remarks? If
the liberty of the press was Dot to become a down.
right, mockery, iiimio of !hi, description would find
their way into the public prints. The narration of


..~~

the originril trottairtiam was perhaps engirt:" I.
but the great and matratantial fart of thr case •
horn cwrretly
Mr. Justice BATLEY—" What do you ce!! the
great and suhstsritial fact r'

.Mr. DINISAS replied, the fact of Mr. Moroi.
bayou; consulted Mr. PoMock no to the extebt of
the itunit.lintent which he could inflict. previous to
loiteingthe infornoitioo.

The-Cot/a? observed. that that did not appear
from the evidence.

Mr. DENMAN requested that a certain part of
the evidet.ce might be read
[Front this it appeared that Mr. Moore had ask►d
the Prosecutor whither Stratton could be
or not, if he shohld lodge the informations; but n
difference of opinion existing between the Learned
Counsel and the Judges, as to the ttme when this
occurred—

The CHIEF it,!Tice proposed referring the point
to Chief Baron Richards, who had presided at the
trial, if the time was considered very material.
The Learned Counsel declined, and resumed his
address. The prosecution, without meaning any
thing offensive to any individual, had cert.:ll,y
been got up in a very extraordinary manner. Ile
then adverted to, and commented largely on the
evidence, from which he argued, that the prostru-
tor, though a very respectable Magistrate, had
entered too readily into the views of Mr. Maoir,
and on the whole matter had exceeded the powers
given to him by the statutes. In the first place,
lie had no right whatever, under the statute itf
Elisabeth, to order him into custody from Saturday
till Monday, and this for refusing to pay ten sl il-
lings, when he admitted himself that the potatoes
were not worth so many pence, and that the re.
mainder was to make up the cost.. In the next
place, lie submitted, as lie had done to Chef
Baron Richard., that the last statute had in that
part been repealed by the 41d George 111, c. 67,
which provided a penalty of twenty shillings for
the identical offence. The Magistrate then acts.'
illegally, and indeed he (Mr. Denman) could di*.
cern nothing in the article which had given an tic-
count of his conduct to call down the vengeance
and indignation of a Court of Justice--
Mr. Jusiice BATLEY..." Mr. Denman, you !we
used the words indignation and geogeance of it
Court of Justice. I speak on my oath, and I say
that this Court feels no desire of vengeance-1
wish to press on the persons on whom it is to atsms.l
the sentence of the law ; on the contrary, it is ot:r
desire to treat them with all the leniency confute, t
with the ends of justice, and which their own co•
duct will permit."

Mr. DENMAN said, he could scarcely regret Illy.
ing used the language hr did, since it had bren e
occasion of drawing such expressions from his Lop!.
ship.

The CHIEF JUSTICE--.." It is impossible th.t
Judges should not at times feel as other men, but I
can truly say, that we examine every case that comes
before us with the utmost attention, and the moat
anxious consideration) for the situation and circum-
stances of the parties."
Mr. Dansects proceeded._.. Vas it right to Pio.
hibit a man bending under the weight of poverty,
who had worked for years for the Gentleman wk.,
had treated him with such rigour, and for les
father, in the public streets, in the degrading
imminence, of writhing under the scourge of the
executioner? Nothing was more calculated ,2
weaken the affections of the people for our exce'-
lent administration of justice, and system of laws,
than such humiliating, insulting, and cruel ralidr•
lions on such slight cause. If justice wet to be
let it be dealt out with consideration, with patience,
with mildness, and nothing would more attach the
people tio our admirable constitution. But whipping
was a punishment rarely, if ever, inflicted with ad-
vantage—the feelings of the crowds who witnessed
it, were not those of a►ersion for the crime.
■ud detestation of the offender, but more commonly
indignation against the punisher, and 'sympathy
with the sufferer. He maintained that if ever ilier.!
was a case which called fur the mild and merc►ful
consideration and pity of a Magistrate, it was this,
where lie had acted so inconsiderately, so tinnier.
cifully, so inhumanly. Such, then, were Ilor cir-
cumstances tinder which the publication iii question
took place. If the statement was incorrect. that
incorrectness did not proceed from any wish or
(cation to mi►represent facts, or to malign or injure
the Prosecutor. The letter was not the writing of
the Defendant, it was the production rf a titan of
education and letters, who felt strongly, and ex-
pressed himself rather warmly on the aggraveting
circumstances of the transaction. After some fur-
ther very animated observations, the Learned Ad.
vocate concluded by expressing a confident hope,
that if Ise had delivered his sentiments with too
much warmth, that circumstance would not tend
to injure his client in their Lordships' eyes.
Mr. PHILJ.Irti followed on the same side.

Mr. Setitont, VAUGHAN, Mr. NaIDER, and
,Mr. Bit.GUY, addressed the Court in aggravation.
The Judges remained some time in consulta-
tion together, after which—
The Cistice JUSTICE said" Mr. Denman, be-
fore any thing further is done, the Court wish to
learn Trona you, whether the Defendant lias any oh-
jecimo. to enter into his own reeognizabce, to ap-
pear to receive judgment, if he shad be again called
upon for the purpose.
Ms. DIteM•N said, he would take it on himself
•q say, that the Defendant would no►.

The CHIEF JUSTICE then addressed some admo-
nitory observations to the Defendant, but, at the
same time said, that the Court was of opinion, that
the Magistrate would have Earlier e:rrci►rd the dir-
:cretiolo intrusted to him, if he had inflicted a more.
Isniesst :punishment on the Defendant. His Lord.
,ahiplamented, that the conduct of persons sober-
Arstenuly to their conviction, so frequently rendeted
,is.dilficult for the Court, on their being brought
.ap for judgment, to adiniiiirter the law with stroll
.leiliesity as they would &sift: The •recoguisante
was then acknowledged.
. The. Cuter Janice intimated the hope of the
Court, that the publication should be stopped.
Tbe.Defendant promised it should, and left the
Court:.

R

e

ef London, hot Mr. Justice flolroyd not having
then taken his seat no the Bench, the Court
• postponed the motion until his arrival. About
two Ire o'clock (lir. Justice Holroyd
',among arrived to the mean time) the Solociior.
(;antral re-wowed hi, apllicivion. Ile s.stsl he rose
so snore their Lordships for a rule to she* cense
why eriotoill tl information should not Lodilral
against Wilfred ki,o, our of the Sheriff,
of the City of London ;• Its. Waithinaio, one of the
Aldermen of the .aid City; Henry Hunt. one of the
Liverymen of the said City; and Win. Stephens,
San). Thompson, ii. B. Reason, Joseph
end -- liumstead, alto Liverymen of the arid
Coy. for conspiring to produce • riots'ss olrstruc-
t.crio of the el- en in of Lori' It/iyor of the 1441
City at Guildhall not iMichielmas Day hart. Ile
. ems aware th.tt this was a very grate awl serious
charge as it •ff.icteil alt the Defend mos, bat sabre
Ir irtlcsiltrly as it off-ctril Joaeoli Wilfred Parkin%
I hore duty it was to preside and limn-rye order slur.
tog the proceed:ilea of the said 'kenos,. soul it
sin., if pn+soble, still more grave and serious against
Robert IVatiloortin, who was an Alderman, and
s•leose rityy it therefore a as to superintend the con-
duct of his own '.ford, and as • Magistrate, on
.11 occasion', to nnni..tairi the peace within his jurts..
dictioa. The facts nn the ground of whirl' this
iiiforniation was prat td, were substantiated by the
uffidsvols of stone of the moat respectable kith.
victuals pre-ent, and assisting at the election,
Mr. Rothwell the other Sheriff, tire Common'
Serjeositt, the City Officers' and some of time mo t
reputable Menihers of the Corporation. But be-
fore he proceeded to detail the contents of the affi-
davits, it would be convenient that he should state
the course of proceeding in the election for Lord
Mayor, us it was prescrobed and laid down in the
Charter. The costive was, that mandates should
issue on the Midsummer-day previous to each
Michaelmas-day. to the Master and Wardens
of tech of the %%tarifa, directing them to es-
s-,lnble at Guildhall on the Michaelmas-day next
roasting, fur the puriii,e of electing a Lord
Mayor, and in pursuance of theme mandates. they
It.td beCII in the habit of so attending. Oa the
. slay a;spointeil, the Lord Mayor, Aldermen, and
take their station on the hustings. sod the
C ins Crier made proclamatiea. The Rector.
r!er then advanced to the front of the hosting*,
and informed the Livery that the Common Serjeint
would punt out the regular COONS! of proceeding.
After lh.st the Lord Mayor end the Aldermen re-
tard to en inner chamber, and are there shut in.
Immediately after the Common Serjeant, attended
toy the Sheriffs, advances and reads the names
er the individuals who are eistitled to be put in
romination !or the high honour of Lord Mayor.
from these the Livery elect two persons, whose
owes are transmitted to the Aldermen, who select
c- e, and that person is then declaim' duly elect-
On the slay in question, the Liverymen
attended in very considerable numbers. A per-
of the name of Joseph Dean was stationed
at the entrance of the Hail, with a number
',eh:nod-bilk, one of which is annexed to the af-
t' Invite on which this motion is grounded, which he
ernold bet leave to read. It was in these terms:—
" The %% ill of the Lord Mayor verses the Right
of the Liverymen to meet in Common Hall for re-
dress of grievances. I will never allow that the
Lord Mayor can do every thing and the Livery
tothing."—The Sulicitor.General resumed. Dean
w as distributing those to the Liverymen as they
entered, when Joseph Hureonshe went up to biter
and told him to g o into the body of the Hall, mod
distribute his hilt. among the Liverymen there as-
. ecinbled. s He did accordirogly go and circulate
uteisr, as he was directed. The hand-bill went on
to say, " This case is to be tried here this day pee-
-1 ous to the ale Lion of a Lord Mayor; the eves
ci the whole kingdom are upon you. Remember
she freemen of 1779 defended their rights for you.
linitate• their example. Do your duty—be tem-
perate, but be 6rns."—Sometime Offer' the Lord
ill;syor and Aldermen returned from S. Lawrence's
Church. where they had been to-bear Divine ser-
vice ;performed. What took place during their '
return, he would not attempt to describe. It was
one continued scene of tumult, riot, and coufresion.
It was only through the eaettions of the officers
that tire Lard Mayor was able to take his place.
After the Lord Mayor took his station. the
4 tier, amid the utmost confusion, stated the ob-
js•ct of the meeting, and desired the Liverymen to
~raw near. This was answered by a tremendous
which continued until after the Lord Mayor
ant Aldermen retired. When they retired, the
Common Serjeinit and the Sheriffs went to the front
sits the hustings. Alderman Waitlunan remained
behind, and did not go into the ismersrooon: he
suit to the front of the hustings, and leatsing on
the shoulder of a person whose affidavit he (the
-Sulicstor General) then held in Isis hand, called out
to Itfr. Hunt, saying, Hunt, tell Thompson to
ruck to it to the list, and to give way to none."
This, the Solicitor-General submitted, spewed a
t annexion between Sir. Hunt and Mr. Wroth-
trail, as well as the other parties, and that
they had formed a premeditated design of digs
sorbing the order of the election. Mr. Waith-
then mid Mr. Hunt then stood next Mr. Thom)).
son, who proceeded to address the assembly at
great length. He said he held Resolutions ID his
hind retpecting the illegal conduct of the Ma-
i: istrate, of Manchester, which he would propose
tut the approbation of the Livery. The Common
Serjesnt interposed. and desired Thompson to de-
rait-. telling him, that it was improper to introduce
any topic these, is they met for one purpose,
iiimely, the election of a Chief Magistrate; that
the eleeticu had already commenced, and he warn-
ell Thompson that it would be a violation of his
oath as a freeman to interrupt it. Thompson said,
he would persevere—he then reed the Resolutions.
He was instructed by some Liverymen to bring
them forward, amid tit every risk he would persevere.
He was threatened, lie said, to be taken into cus-
tody, but lie would run the risk and defy the con-
',pesters. isi conjunction with those about him,
lie would ipropose the Resolutions, which were
,idresoity prepared, and if his health permitted him.
s.e would, 'if necessary, stop there till the next day.
I' ollowtog sip that declaration., he proceeded to id..
r;ress Ilse Livery nt great length. Mr. Waithmos
sod Mr. thane supporting hint. The Common
Serjeset turned shout to Alderman Waithoran, and
w-Nriled 1111r1 thut it was his duty as • Magistrate, to
preserve the peace. Alderman Waldman replied,

that indeed he had the gown of an Alderman on,
but be would quickly strip himself, and become a
Liveryman. tie then threw of his gown, and de-
dared that he would not let the election proceed,
until the Resolutions were put sod carried. Mr.
Sheriff Rotliwell now interfered, and said the hu-
Pineal of the Livery was commliiied to the elm:enrl
alone. Alderman W,ithinati sail it was nor, and time
cry of m. No election !" resounded through the Hell.
—Mr. Illunt mho spoke, slid insulted the Common-
Serjeam„ by directing towa•Js him very strong lan-
gtisge, which lie (the Solicitor•Generi) said he
a (mid mg, 111 deference to the Court repeat. The
Common Serk is.ut, very properly, disregarded the
attack, and mode no reply to it. 11 r. 11'aitlimnimo
three addressed the Livrryinesi. lle sail the no-
torious Judge Jefferies was nine Common Sojeamit,
and he drew a parallel between him and the present
Common Semjeant. He and Mr. Hunt then de-
aired those ou the hustnigs to open to the right and
to the left, that the people might have a full view of
the Common Se►jeaut. He (Ur. Waithman) spoke
of the Common Se►jeant not only in terms of coo•
tempt, hum ins manner to invoke the vengeance of the
assembly against him. There were very general cries
from the Lsve►ymru of 'I Turn him out ! Turn hies
out !" Tu skew that it was a well-considered and per.
meditated attack, the Learned Gentleman said, that
Air. flout pulled out his night-cap from his picket,
declaring that he would stay there all night, and
throughout the entire day he spewed himself the
friend and coadjutor of Mr. Waiihmais. He would
row state what part Mr. Sheriff Parkins took in
the proceedings. He was called on repeatedly by
Mr. Sheriff Rothwell to assist him in keeping the
peace—his reply was. that the election should not
go Oil until the Resolutions were carried—he shewed
no disposition to prevent the attack oil the Com.
mon Serjeaut, though lie must have seen and known
that he was merely discharging his duly—he shew-
ed no disapprobation at the conduct of those who
disturbed the election, stud heartily joined in the
cheers when the Resolutions were passed. He, the
Solicitor-General, would now say a word as to the
character of the parties. Mr. Hunt was not unused
to public meetings—lie was so gratified with the
scene of confusion before hitn that lie exclaimed
aloud, 4, this, iudeed, is a proper row." Re-
solutions were seconded by Mr. Rurnstend. Mr.
S•epheus moved a vote of thanks to Mr. Hunt,
which was carried amid the loud acclamation, of
the Meeting. Thanks were also voted by acclama-
tion to Alderman Waltham], and to Mr. Thompson
for proposing the Resolutions. The Learned Gen-
tler/ism said, that what lie had already stated must
clearly shew the Court the disposition of the par-
ties, but it would be unjust to say that all the Li.
verynito joined with t hem —on. the contrary, many
well-disposed persons exerted themselves to put
down the tumult, but they were silenced and over-
powered by numbers and by clamour. When
the scene of eoufaision and riot had gone on for
some time, even Mr. Thompson said, 46 We have
here had enough. it is time to desist."
Mr. Justice BATLEY—What time did those pro•
ceedings occupy ?
The SOLICITOR-GENERAL—NearIy two hours,
my told.

Mr. Justice BATLEY—WI:en did the meth%
assemble ?
The SOLICITOR-GENERAL—At eleven o'clock.
They then went to church, and came hick at one;
but in consequence of the Interruption, the election
did not proceed until three. The Learned Cotto•
sel then isbserved, that at iuII times the peace of the
Cistl:ll ry WWI a mailer of the utmost importaoces
sod was the great duty of the Court to preserve;
but at sr moment like the present, the peace and
good order of the metropolis must be a subject of
their noxious care. Those who would disturb that
good order, were guilty of a serious offence, and it
was a high aggravation of tome of the parties be-
fore the Court, that one of them was a Sheriff of
London, amid the other i'Magistrste, whose duty it
was to keep order, and to prevent, instead of pro-
musing tumult.
Mr. Justice IiAYLEY—Who proposed the vote
of thanks to Mr. Hoot ?

The SOLICITOR-GENEBAL—Mr. Stephens,' my
Lnrd.

Mr. Justice BAYLEY—MINA is the charge
against Nlr. Feartm ?
The SOLICITOR-GENERAL—He was an active
partisan thr..ugimut, and disturbed the peace.
Mr. Jii•tice BATLEY—Read the passage of the
affidavit respecting lint).
'Ulna part of the affidavit of the Marshal which
respected Mr. Feari.ai was now read. It stated that
he (the Nlarshal) VI Nig interrupted by Mr. Fearon in
the discharge of his .inty, and that in particular he
was interrupted by Mr. Fromm whilst endeavour-
ing to restore order, and to procure a hearing fur the
Common Seijeant.
The SOLICITOR-GENERAL said, that the King
a. Foley, 2d Nod. Rep. 115, was in point as to his
present application. In that case Holt says, that
au information will lie against persons fur an elec-
tion riot, and disturbing the Corporation. In the
King a. Hunt, quoted by Hamra. the doctrine
was laid down even to a greater extent than be
sought to have it carried.

file CHIEF JUSTICE—You have stated enough
to enable the Court to call on the parties to slew
cause. Take a conditional rule.

JU DOM ENTS.

Mr. Serjeant pi,.l.;;;;ed the judgment of the
Court on Juin) Trevarton, who was convicted at the
last Assizes at Cornwall, before Mr. Justice Best,
for having obstructed, in the execution of their
duty, whilst attempting to execute a writ of assist-
ance, Samuel Lenuou,-- Hall, Richardson,
and other officers of the Customs, in the Scilly
Islands, on the 4th of March, 1817.
The Defendant put in a written statement, stat-
ing that he 'was unconscious of having committed
any crime against the laws—that he was altogether
igno►ant of the effect of a writ of assistance—and
had been already put to great trouble and expense.
lie was sentenced to two months' imprisonment in
the gaol of Bodniiii.
William Hutchinson was brought up to receive
judgment. He was csuivicied before Mr. Baron
G•aaow, tit the Assizes fur the County of Essex,
of assaulting certain revenue officers who went on
beard Isis ship, then lying on the coast of Suture,
for the purpose of searching for smuggled goods,
which they hsd information was concealed on board.
The Defendant addressed the Court in mitiga•
tier' of Fuuisbment. No goods, he said, tai sit

illegal description were fautr.d in his vessel ; he had
alrosys berme an excellent character—he had 'served
nrsrly thirty years in the navy. In defending him-
re,fevitirt this prorecution (which was extremely
protructed) lie arm+ altogether ruined to hirciticnin-
rtarces—he haul been contioeil in a Spanish and ii
a French and he haired hr would not he
now sent t) on English one.
Mr. Juriice BAY cannot pily a fine.
Tue Pri 1111 l er—My Let ', I csinott ; hut, if it
were nolerme, my blend., wool.l asvust
The. COUUT sentenced the l'iwiner to pay a fine
of VOL and in flod securities fui his good belies
trimly for three years.
Daniel Huller end Wm. Smiler were brought tap
for judgment ; they were convicted of a conspiracy
to procure, by filer informslion. the eau& 1111 l dim)
of the Jodi& The Primmer* had given rare
information on with to the Commissioners of the
Customs. meting that there were iminggled goods
on board the vessel, in constapience of which the
Conaniimioners of the Customs caused a prosecii.
tien to he romnaenced optima the owner, end it
was not until after he wet put to much expense end
trouble, that ii w.is ascertained that the evidence of
the Prisoners, on which the -Commisrioners bsd
acted, w.ss altogether fah*, and given through mali-
cious motive.. The Commissioners made every
reparation to the owner of the vessel, and caulked
the Prisoners to be prosecuted.
After treating Mr. NIAROTATT in aggravation.
• .

The COURT R.idefiCtd Daniel Holies to two
yewrs Minns ttttt nerd in the gaol of Horsham, and
William Sumer, fur two years impr►sornnent in the
same pill, to be computed from the 431 h of June
last, since which day he hiss been iu cuatorly tinder
this charge.
Charles %Vhitcombe was brought up to receive
the judgment of the Court. The Prisoner was
tried before Mr. Baron Garrote, ■t the last Actives
for the Coority of Hunt., under a charge of having
made fraudulent entries in one of the custom-house
books, and obtaining thereby from • Mr. Arnold,
one of the custom-11u~ officers, a sum of money,
under false pretences. The Defendant himself was
•n inferior officer its the custom-house, at a salary
of 30/. a year, and was dismissed from his situation
iu consequence of this instance of dishonesty.
Mr. A. Moons appeared as Counsel fur the De-
fendant, and submitted to the Court that the in-
dictment was bad, it having been there stated that
the person from whom the Defendant obtained the
money was Mr. Arnold, though it appeared on the
face of the evidence that he obtained no money
from Arnold, but from a person of the mime of
Snsithwick, who was Arnold's clerk. This point
was not urged on the trial.
The COURT being of opinion that the indict-
ment was had, the Defendant was discharged.
The twat person brought up to receive judg-
ment was a Cowan* Stow, convicted for bairn% at
a public elrcitun dinner as►aulted • Geotlem•• of
the name of Caddell, by aiming • blow of • de-
canter at his head, which Mr. Baddt II received ors
the elbow, sod was severely wounded.

The Prosecution was commenced by the Board
of Taxes.

The COURT said. they did not see. from the evi-
dence why the prosecution was taken up by the
Board, it was entirely a private quarrel between
the parties. They could nut see either why this cape
was not tried at the Quarter Sessions—the Quar-
ter Sessions was the proper place to ',ling it forward,
aid the unusual proceeding clearly pot the De-
fendant-to much unnecessary calculi and trouble.
Mr. Jettets. se Counsel for the prosecution,
said, that the Court oo (login would take into con-
sideration the fact as it appeared.

..
The COURT, under all the circumstances, taking
into consideration what the Defendant must have
already suffered, ordered him to enter into recogni-
sluices in the sum of lOW. to appear whenever be
ohooldl be called on to receive the sentence of the
Court, ■nd in the mean time, that he keep the
peace to all his Majesty's subjects.
John Reeves, Charles Bettaiett, John App.,
George Harvey, William Page, %Wham Penilell,
John Page. ern., John Page, jun., awl Charles Pen-
nell, were brought up to receive the sentence of
the Court; they were convicted before Mr. Baron
Gerrow, at Lewes, of having assembled together.
with serious other persons, and attacked the house
of a Mr. Saunders. at Seises, near Chichester.
The case was one of a very aggravated kind. Mr.
Saunders hail hero ►abl•tsnard to stand • trial in
the Court of Exchequer, at the suit of the Com-
missioners of the R.-vrosur, against Reeves; and
fur having ►o attended the mob instigated by Reeves,
met in considerable numbers iu the month of Fe-
bruary last, and approached the house of Mr. Sault•
tiers, hearing his effigy in triumph, with a gallows 20
feet high, which they placed opposite his door;
they then entered his court-yard, and summoned
him to leave his house. He asked fur what pur-
pose ? They replied, to hang, quarter, and burn
him. Mr. Saunders, it would appear, not wishtr•.g
to have himself so disposed of, remained in his
house, which was attacked by the mob, and a num-
ber of the windows were broken with stones. Reeves
and Bennett were the principal leaders in the affair.

.
The COMMON-SERJEANT addressed the Court
on the part of the Prisoners, and was ably replied
to by Mr. MARRYATT.
After an impressive charge from Mr. Justice
BAYLEY, in which he descanted on the enormity of
the crime, and the necessity of putting it down
through the law, and after expressing his regret that
men, who had previously borne a fair character,
should have committed each excesses, the Court
would, notwithstandieg the cringe, take that charac-
ter into consideration. The sentence of the Court
therefore was—that John Itrects should be im-
prisoned in the gaol of Hui-shuns for six months,
pay a fine of SOL, and find securities fur his
good behaviour for three years, himself in 1001. and
two sureties iu 501. ouch. That Charles &smelt
be imprisoned iu the same gaol, for the same
period, and find security for three years—him-
self in 1001. and tam sureties in 251. each.—
Charles Prunell and John Page be imprisoned in
the same gaol for three months, and find secariiies,
each of themselves iu SUI. and two sureties in 201.
each ; and that the rest of the Prisoners be impri-
soned in the same gaol for two snowing, anti find
securities, each of themselves in 50/. and sureties
io 101. each,

Lord Marto. stag tmid' will meet on Satur-
day next, the 51thhr at the Oaks.