The British Press; or, Morning Literary Advertiser.
London, England, 1825-02-08 00:00:00

BEEF-STEAK CLUB.

The second meeting of this Society took place in Nfor-
vision's apartments, Dublin, on Tuesday, Lord RatMown
in the chair. The following account is extracted from a
Dublin Evening Paper. It will probably strike the reader
that it is at the end of the report that the King's name
comes to be incidentally mentioned, and that the health of
the Lord Lieutenant does not appear in the list of the
toasts:—

The ordinary toasts were drunk with the customary demonstra-
tions of enthusiasm; amongst which, those that tick el the strongest
manifestation of feeling, were the lollowing :
" Toe Lord Chancellor" _ _

His Lordship returned thanks in tltat courteous and elegant man-
ner almost peculiarly his own, and which distinguishes him at once
as the enlightened scholar and the finished gentleman.
The imm nse applause that followed the proposition of his health,
and which continued for some time after his Lordship presented
himself to the Club, evidently operated upon his feelings. At the
commencement of his address his voice was tremulous.

-------------
'• rd Combermere, mind may he long continue amongst us."
This toast .as received with thunders of applause.
Ilia Lordship returned thanks with the brevity of a soldier and
the feelings of a man, and concluded, after a well-merited pane-
gyric, pronounced manifestly in sincerity of hurt, by proposing
the health of

,• Mr. 11•Caskey."
It would be supetflutus to state in what manner the 'Members
received and drank the health of the individual to whom they are
indebted for the enjoyment of a Society unrivalled in Europe.
" Mr Saurin."—( Long•continucd applause.)
Mr. L. SAM Rix returned thankq.

----- -
TEL CHART ER TOAST.—•• The exports of Ireland. and may
those •ho would subvert the Constitution be amongst the tirst."—
(Shouts of applause.)
The Lord Mayor and the loyal Corporatirm of Dublin."
Ills Lordship, who is a Member, returned thanks.
" The Karl Talbot—a friend to Ireland."—(Applause.)
" Mr. Secretary Gregory."—(Applause.)
In the course of the evening the Noble President gave several
appropriate touts and seotiments; amongst the former were—
' Our newly-admitted 31einher—Mr. George Moore."
This toast was drank with considerable applause, and
31r. Mooaf., in eloquent terms, acknowledged his gratitude for
the favour conferred upon him by admitting him a Member of the
Society, and for the honour done him in drinking his health.
" An old Member—Sir Abraham Bradley King."
This toast was loudly cheered, and the worthy Baronet returned
thanks in appropriate terms.
After his Majesty's health, the National Anthem was sung in a
style peculiar and impressive, the whole company standing. We
never heard our friend Doctor Spray in liner voice, and his health
was drank with a feeling and warmth which must have been grati.
tying to him.
The gallery was crowded with Win.
PolT 1171,4 L.—Or or.T o, JAN. B.—The number of pipes
of wine exported from this place to foreign countries dur-
ing use last year, was 96,71-s, of which 19,968 to England,
3,993 to Buenos Ayres, 648 to North America, 938 to
Cayenne, 139 to Russia, 12th to Ben^'al, 90 to Holland, 72
t% llamburgh, 43 to Denmark, 36 to Gibraltar, 94 to Swe-
den and the Baltic, 11 to Prussia, 7 to Newfoundland, 8
to Spain, 2 to France, 1 to Genoa, 1 to Trieste.

PARLIAMENTARY PAPER.
WEIGHTS AND MEASURES.
Copy of a Letter from the Commissioners of Weights and Mea-
sures, dated 14th January, 1823, to J. C. Ilerries, Esq.. Secre-
tary of the Treasury ; transmitting a Report of the Progress
made in the preparation of the Models of the new %i'eights and
Measures.
London, January 14, 1825. .
Si s—l am directed by the Commissioners of ‘i'eights and Mea-
sures to transmit to you, for the information of the Lords Commis-
sioners of his Majesty's Treasury, the enclosed Report from l'apt.
hater, stating the progress which he has made in the preparation of
the models of the new weights and measures, in pursuance of the
directions cdlitainetlin your letter of the Cith of July, 1824, en-
closing a copy of s Treasury minute, dated the 211th of June,
/824, respecting the ste-s necessary to be taken for carrying into
effect the Act bth Geo. IV., for ascertaining and establishing uni-
formity of weights and. measures.
In consequence of• the delay which unfortunately has occurred,
front the difficulties which have been experienced in the construc-
tion of the new hishel measure, I am further directed to submit to
you, for the consideration of the Lords Commissioners of his Ma-
jesty's Treasury, the propriety of bringing in a Rill, immediately
after the meeting of Parliament, to 'friend the time fixed by the
Act of last Session, fur carrying the provisions of the said Act into
execution.

As Captain Dater no* confidently hopes that the Models will
13. completed and depozited at the Exchequer in the course of the
month of February, the Commissioners ate of opinion, that if the
period at which the new weights and measures are to he declared to
be the only standards, was postponed front the lot of 3l ay,1823 (the
day fixed by the Act of last Session), to the lst ofJanuary, 1e126,
sufficient time would be sflonled foe providing the models of the
standard weights and measures required for the several counties
and corporations of the United Kingdom, and for carrying into
effect such of the enactments of ellipsoid Act as are preliminary
to the general establishment of the new standards.
I have the honour to he.
Your obedient humble Servant,.
• (Signed) GEORGE CLERK.
J. C. Herrin, Esq., &c., Treasury.

Having been requested to superintend the construction of the
new models.nf weights and measures. and very unexpected delays
having taken.place in their execution, I beg to offer a short Report
of the progress which has been made, and of the impediments
which have occurred.

On the 16th August, the making of the models of weight
and capacity was. confided to Mr. Bate, Mr. Troughton, in con-
sequence of his advanced age, having declined the undertaking.
Brass being • metal 'peculiarly liable to injury from the atmosphere
of London, 1 directed Mr. name° make experiments on the best
combination of tin and copper, which might serve as a substitute.
These experiments occupied the remainder of the month of
August.
In the beginning of September I left London, having previously
given Mr. Bate ample and detailed instructions respecting every
particular necessary for the construction of the models.
On my return, early in October, I learnt from Mr. Bate that he
had applied to Mr. Donkin the beginning of September, and that
Mr. Donkin had then undertaken to
,turn the models for the
bushel ; but on the Pith of October, and not before, he informed
Mr. Bate that he declined the execution of his engagement. Mr.
Bate then proceeded to have models foe che bushel cast by the
best foundeta in London; but most unexpectedly, out oftglve
which were cast in various modes, only one proved suffici tly
sound to be employed, the metal, on the removal of the exterior
crust, appearing full of small holes, of various sizes. The attempt
to conquer thedifficulties of this part of the work occupied the re-
mainder of October, the whole of November, and the greater part
of December. In the mean time, Mr. Bate proceeded with the
other measures of capacity, and with the weights; but as these
presented no difficulties, his chief attention was directed to perfect-
tng the bushel.
Two Troy pounds were made, which I compared. on the 28th
October, with the standard troy pound at Mr. \Milani's, in
Abingdon street. These weights were intended merely as the
means of obtaining a near approximation to the avoirdupois pound,
and to the weight of a gallon of distilled water.
On the 20th December, Mr. Bate reported that he had six avoir-
dupois pounds ready, all the troy weights, and the subdivisions of
the troy pound, to grains.
It had been my intention to ascertain the capacity of the bushel
by meaaurement, and I had employed myself in constructing the
apparatus necessary for that purpose ; but as held not appear pro-
bable that the difficulties in casting the bushel would be speedily
surmounted, I proposed, at a meeting of the Comtnissioners, on
the 21st of December, to determine the rapacity of the bushel by
the weight of distilled water it should contain, as thip, under exist-
ing circumstances, would be the more accurate merlificl, and would
render unnecessary that nice attention to figure, which would other-
wise be indispensably requisite.
All difficulty in the constniction of the bushel being thus re-
moved, Mr. Bate engaged to deliver to me, on the Ist of February,
the following models, viz.—four bushels, tour gallons, four quarts,
four pints, tour troy pounds, one avoirdupois pound, with sub-
divisions to drams, a two-pounds, a four, a seven, a fourteen, a
twenty-eight, and a fifty-six-pounds avoirdupois. Four weights,
each equivalent to the weight of n gallon of distilled water, four eti
that of a quart of distilled water, and four to that of a yint.
Tbese models are intended to serve for constant use at the Et:he-
quer, Guildhall. Edinburgh. and Dublin the set of avoirdupois
weights which will be ready by that time 1 ,„'ng for the Exchequer.
Another set of models, superior in point in workmanship, though
not in accuracy, will be afterwards made, and kept as standards
to be transmitted to posterity.
I am in daily expectation of receiving from Mr. Bate a set of
weights, for the purpose of enabling me to derive the avoirdupois
from the troy pound, and thence the weight to be employed in de-
termining the capacity of the gallon.
As no balance exists, either at the Mint or at the Bank of Erg-
land,
capable of weighing upwards of 230 pounds avoirdupois, 1
have given Mr. Rate the plan of a beani for this purpose, of great
simplicity, and which, I trust, will be more accurate than any that
has been hitherto made. This beam is also to be finished by the
Ist of February.
The standards of linear measure have been prepared by Mr.
Dullond. and are now ready for my final adjustment.
The Commissioners will perceive that no further difficulty
exists; and should I receive the models from Mr. Bate by the lit
of February, according to his engagement, I trust I shall be able
speedily to complete their adjustment ; and that they will be
ready for delivery in two or three weeks from that period.
York Gate. Regent's park, HENRY RATER.
12th Jan. 1825.
To the Commissioners of IVeights and Measures.
Whitehall Treasury Cnambers, Feb. 4, 111.25.
J. C. BERRIES.

nEIORMATION OF DISCHARGED PRISONERS.

The First Annual Meetini77-ifie Subscribers to the Surrey
Society for the Employment and P.eformation of Discharged Pri-
soners, was held yesterday at the Sessions House, Newington.
The object of this highly laudable institution (which is not as
yet sufficiently known to the public) is, " to furnish temporary as-
sistance to those persons, who, on their discharge from the County
Gaol in Hoesemonger-Lune, and the noose of Correction at Brixton,
are destitute of the means of subsistence, and, from want of friends,
or inability to procure employinelit, are frequently driven by neces-
sity to seek support in their former (worsa of profligacy ; and to
promote, as far as may be practicable, the reformation of the ju-
venile offenders discharged from the above prisons."
Wiwasit Novi:AGE, Esq. having been called to the Chair,
, The Rev. Mr. iit:TT, the honorary Secretary, laid before the
Meeting a Report of the Proceedings of the Society during the past
year.—The balance in hand did not exceed 3301. So many cases
had come under their consideration, which they found entitled to
their attention, and to which they had extended the requisite as.
sistance, that their funds, without a seasonable increase, would be
found inadequate to the accomplishment of the original design, at
least on so extensive a scale as could be desired. The benefits which
had already resulted from the exertions of the Society were, in •
tnoral and religious point of view, exceedingly gratifying, and he
trusted they should be enabled to persevere in a course that was
certain to prodoce effects so beneficial to the objects of their hu-
mane consideration, and of such vital interest to society at large.
Out of thirty-seven individuals, no less than eighteen had been
brought bark to the paths of rectitude, in which there was the most
sanguine hopes of their continnance. The Society was fur the pre-
sent, howevcr, circumscribed in i:s means, front their put expendi-
ture. and front the circumstance ut the Refuge tirr the Destitute. to
which the Society had sent a number of persons, being too full to
admit any more. Under these ciicurnstaxices, a proposition had
been made to the Society to purchase (in conjunction with another
Society) some tenements allotting on the Befog.: for the Protium,
which could readily be converted into an important addition to that
asylutn.
After some desultory conversation, this was referred to the con-
sideration of the Committee. _ _

Mr. Cott RTEI,I•Y spoke in terms of high approbation of the
benefits which hail arisen from the cxert:ons of the Institution. and
stated, that an erroneous opinion respecting it had prevailed, which
he begged to rectify. It had been supposed that it was founded by
magisterial inductee; but it shou:d be known that it was no more
under the guidance or directiumof the Magistrates of the county
than of any other class or interest ; it was open to the public, anti
its views were purely philanthropic. There wete no persons in the
world could be more really destitute than thtwe who, after enduing
their stated period of imprisonment, were set adrift upon the world,
without character, without means of support, or tesourecs of any
kind. V. as it to be wondered that, in such circumstances, a recur.
rence to vicious practices was so often observed on the part of the
maw who had just been liberated ? lie could wish, and he sincerely
hoped It might be practicable, to erect an asylum for such objects
as were contemplated by that Society.
Six Members were elected on the Committee, in room of sit who
go out by rotation; and, after some other routine business, the
Meeting adjourned.

VINTRY Wane--(l'Ltritnar.)—This being the 2d
day of the poll for the election (upon the new precept) of
Comtnon Council, it commenced at eleven and concluded
at one o'clock, when the numbers wete announced by the
Alderman (Maguay).to be as under :
Mr. irhitby . - 961 31r. Crook
l'onwil 21 Garrett
Coombs . - 24 Marsden
!spit - 24 1 Dick..,
•
Limes . . 2:1 : 3 I areu.ll

- 22

. 2%

. 18

~j

LAW INTFLI ZGE.VCY.: ..• 1M4.•

COURT OF CHANCERY, Moxtur, Fie. 7.

•NDERTOat notrtr.
This was an application by Mr. Burr on the part of the plain-
tiff; to be allowed to examine a witness, after publication of cridescs
taken before • Commission in the cause.
The SoLICITOR-GENKRAL opposed it as a breach of a general
rule, and contended that no grounds had born shown to prove that
there were circumstances in this cue to except it from the taunts
rule.
Mr. HORNE followed on the same side. He pointed out tht,
evils which would result from permitting &party to supply evidence
' to a particular fact after publication of the evidence previously given
in the cause; that it might lead to perjury.. and at least unfair
tampering with a witness ; that, at the time of the Commission.
the witness proposed to be examined, who was an old woman of
eighty. laboured under imbecility of mind, and it Wu not likely
that • person at that age could resume her inttllecturl powers.
In a:I probability this old woman, who had lived many years to
the plaintiff's family, might have a Wu in her testimony, and
though intending the utmost honesty, she might give a prawit
eviller en.
Mr. Ltacm followed, and cited Laurel v. Tichberne, 2 Cox.
2119, where the defendants had not examined any witnesses, and
I yet the Court refused a similar applicat:on, althonth in that C• 11,
the attorney swore that the evidence had not bees read to hies.
He contended that the plaintiff might liare.examined this wittet •
years since, when she was in full possinsioa of her faculties. I.
was usual for tits parties to tire each other notice of the
noises they respectively meant to examine; but the plaintiffs
list in this case did not contain the name of this witness ; end r,
it was now sworn that it was plaintiff's intention then to exaSsini
her.
I Mr. fluty, in reply, contended, that althoughthe Court wile
I not favour an application, in order to turret an error or OtfliMital
of a legal adviser, yet where by the act of tied a party in predodco
from examining a witness at the aaual period. the elnat gram
relief—that the imbecility of the witnna'S mind at that period Irv'
the citect of bodily ailment, from which, contrarrto elpecus
! •
toms, contrary to all hope, she had now recovered. That it wes
sworn in the affidavit, that at the time of the commission a law:.
chaise was sent for this witness, but her bodily iorirrnitin preveines`
! her from travelling. lie had to ink the Court to relieve his client.
not from any errors othimself or legal advisers, but from an mer..:
I restating from the ect of find. lie ingeuioualy explained the case
adduced by his beamed Friend.
The LORD CaIaRCELLOR was quite satishedthat be bad net at
present before him sufficient to auttiosise him to grant this opp. I
cation. In this case there was only the Jade% it of an attorney i..:
what he had teen told. There wag rot beton this Coon sny err
deuce whether it were intended to examine On hdy before the affi-
davit was framed. Applications like the present ought only to Le
made on very unexceptionable grounds. In this case he aught to
have the affidavit of a medical man as to the state of this lady',
body and mind at the time of the commission. The whole circum-
stances must be before the Court. • _ •

Mr. HART desired to understand his Lordship clearly as to what
he mean the.last expression ? • •
The Lotto CHANCE Lion—lt must be stated whose testimo-y
it is intended this woman shall disprove.

THZ EARL Or BUTr-
SHADWELL applied on the part of the Earl of Rote for a:
injunction to testrain k Company who were working aonte
mines in the county of Alonrnouth, front breaking up roads leading
to the mines of the Noble Earl.

The LORnestaxclo.Log granted it. and added that it seemed
as if a Court e Chancery wodld be wanted fur Welch injunctiJr,
alone!
.•
COURT OF KING'S BeNCH, 3loxnAr, Tai. 7.

LIBEL. .
THE ZINO, ON THE PROSECUTION' OF Wit. IEicRICS, Vta.
P. CLE)IEST.
This was a case in which a rule sihri was obtained by 51r. Gurney
last Itlichelenas Term. calling on she defendant, tes sole proprietor
and publisher of the Morning Chronicle nenspaper, to show cause
why a criminal information should not be filed against him, fu
printing and publishing certain alleged libels in that paper, during
the mouth of August last, reflecting on the character and conduct
of the prosecutor, Mr. Kenrick, a Magistrate of the county of.
Surrey, one of his Majesty's Justices of Great Sessior.s, in Wales,
and Recorder of Dover, in the course of a report of certain pre-
eeedinp had against ago?? man by the name of franks, who seas
charged with stealing a piece of timber. The defendant applied in
last Term to have the case postponed to this Term, on the ground
that lie had not been able to ohmic the affidavit! of several persons
whose evidence would be very.matcrial to his case.
The A TT on ic E V.GE X En AT. (with whom were. Air. SCAItL [Vt.
Mr. DEN MAW, and Mr. Bitoundestiz this day showed cause--
against the ride. Thies was a case in whish a Magistrate sought,
by the extraordinary interposition of the Ccurt, to obtain retro,-
for a libel, charging him with basing acted from corrupt motivesi.
with cruelty and injustice towards a poor man, named Franks. TKg
affidavit which had been tiled by the prosecutor, in support of the
rule, evinced a very strong feeling against Franks. Among
other statements, Mr. Kenrick said, that he had institute..
the proceedings against that root man, nut from malice, let
from a sense of public justice; row this feeling for
jastice, however strong it might have been. had soon clung..
ed, for it seemed by his own statement, that he prevented the
attendance of a material witness upon the trial, who could hate
proved that he saw Franks take the identical piece of wood it.
question. and whose evidence would inevitably have convicted hit,t.
The affidavit also stated that reanki had since Isis acrinittal vary
" This will teach me snore correctness in future," and that he was
thankful for the lenity with which he was treated. Thus he repre-
sented Franks as haring confessed his guilt, and the justice of the
proceedings taken against him. Was this an attack upon the cha.
meter of Franke, or was it nat ? Ile should be able to show that it
was a moat libellons statement, and that the aspersion thus insinu-
ated was totally groundic,s. Franks several years lino had served'
in Lord Rodney's Feneibles• and while in that service he male.
tained a very reputable character. Afterwards. when that regi.
men( *as disbanded, he went into the army to India for a limited
period, and at the expiration of three years he left that service ail
his own express wish, with a Chaiacter from the Captain, which he
(the Attorney. General) would read to their Lordships. (The
Learned Gentleman then read a paper signed by Captain renniser,
in which Franks was stated to have conducted himself with peeress
orderliness and propriety during the period he had served in thid
regiment, and that the Captain testified to his good character for
steadiness and sobriety). It was after this service that Franks re-
tired to the eeittage in question, which is situate at L'etch worth, is
the county of Surrey, and adjoining to property belonging to Mr.
Kenrick. This gentleman was desirous of purchasing the Lure
piece of ground attached
, to Franks's cottage, but it having been in
the fami:y of Frands for many years, and having now retired with,
a numerous family to live in it, it was natural, therefore, •nOt Le-
ing under the necessity of parting with it, that he should decliae
entering into any Contract with this worthy Magistrate. There saw
also an 'allotment of Franks which Mr. Kenrick was desirous
of purchasing• and he deptited a friend of his to call and make au
offer for it. This presto accordingly applied to Franks, and said
that his brother was anxious to purchase the allotment. " What,'•
said Franks, " does he want to
then
it fur ? Is it not for Mr.
Kenrick ?" This individual then said it was ; but again Frani..
declined. An application was then made to exchange that allot-
ment for some other, but this also was rejected ; a third proposal
was made, but refused, and Franks kept possession of his little pro.
petty, and had done so to the present time. About this period is
charge was matte against a little girl ten year* old, a datightee of
-. inks, and it was endeavoured to connect narks with it as au
abettor. The little girl was taken before a Illagietrate and her
father and mother were summoned 'also to attend, but the 31agis-
trate considered the chargz so trifling, that he discharged the case.
111 r. Kenrick was then present. aryl, on the parties being dismissed,
he turned round to Franks and said, " The Ern time latch you I
will make a public example ef yen." Now he (the Adorney-Ue•
netts!) would address himself to the charge against Franks, for
which he had lean so cruelly treated, and on whose treatment the
present alleged libel purported to be St comment. Franks was tia
cried of haying stolen a piece of boatel belonging to Mr. Kende:.
]'here was, however, no proof of his having %mien it, or of Ills
even being privy to its being taken away from the prosecutor, but
the charge was grounded merely from the circumstance of this
piece of board being exposed on the premises of Franks. File. tem.
rick having ascertained this bare fact, without sending for Franks,
and asking any explanation as to the manner In which the board
came into his possession, had him apprehended, and the rattles
appeared before the Magistrate • and, although no evidence was
adduced to bring the thaw of deft home to him, but wll that was
proved was that the piece of wood ems on his premise*, the Ma-
gistrate said. that as a charge of felony was made he was arty Rim,
but that he had no choice or discretion left, and must commit him ;
" but," said he, " here's the constable, who is your tiei4hbaut,
Franks, he will treat yen kindly, and you ail not he taken to pre-
son uunight." The constable accordingly took him to a house in
the parte', for that evening, and the next day poor Franks was Cos-
' veyed to Iltreernorger-lane gaol on a charge of felony, of having
stolen a pier of hoard. the value of which was not more tiles ;.;11.
sow could anything be more oppressive than this ? 31r. kerma,
must have known al: the eonesquences of thin act --he must Lima
known that if Franke were committed he would he locked up for
two months before he could he bruunlit to trial—that in that tilt.*
his family would be reduced to great distress, mid be obliged *s
apply to the parish for esti' tenet ; and he also was, well aware that
it that :insistence were granted, the officers of the gar:set ennikt
then have a right to sell the poor man's cottaite. All these shiegs
lie ',met have known. Now what did the wife tat* Franks in heraffi—
davit say ? She stated, that during her husband's coninenaert
she was reduced to great distrait. and that site applied
to the parish for relief, but they said, that if they granted her say
they must immediately sell the cottage, and eke thesore dealt:ea
accepting any. She further stated, that Mr. AVillatt, the sleep.
man, called and asked her how she and her fau.tly IL:al:aged to Mite
in the absence of her husband ? She said she did not allow, let
that the parish had refused to grant her any, thirg except the cab.cage were sold. AIL Willan said to her—• PO Lot take anything,
then, front the parish, but trust in Gud ;" and he then pee beg.
10s. Such were the consequences of this ridiet.heits charge to tie
poor family. Two months elapsed, and at the expiration of dig
rime, the usual caravan was drswn up to liorsentonger.lane Gael,
Franks heavily ironed, in the niuthtt of felons, was brought ford',
Kenrick,takento (Jhouwiledvforerd.„diadodnotttuatituetpdon,
bhuis, trial.
Htau,
Andwho two: murk
tlie ma
ths
facts that came nut open that occasion. The Name
geared against him who had dune so before the Magistrate ; Me,
bas been ern since a versant of bit. Kearick, was pretest, ell

■

when he was szaminede be gave Friusks the charieter of being an
honest, industriou, JOU aat .ser man. It wa., true, in Lai affidavit,
which was now producag, he denied this, and said, that although
he represented Franks to be industrious, he did um. give him a
*sander for honesty and sobriety. Bet witherespect to what 1,211
said by this witness at the owl, and which. he now pretended to
deity (hawing since been under the tuition of his Master, Mr. Ken-
rick) he (the Attorney-((anent) ishoulti show to their Lordships, I
shot what he said was true. There had been an affidavit made by '
.bie.Drommond, a respectable 31agistrate, who was proem at the
trial, in which he raid that no evidence was atlibaced to convict
remote. diet the witnesses who arpcared egairst Lim gave him a
good character, and that the Court. of which this gentleman
feared • pan. directed the poor man's acquittal :no that, their
Lordships would toe, in this case, the witnesses on the part of the
pmeoeutson were alone examined. and that, upon their testimony.
the Jury, without heating a word in defence, iostantly acquitted
the prisoner ; and so strongly were the Coot Moire/teed with the
impropriety of the prosecution, that they ordered his immediate
whienarge ; and, upon application by the prosecutor, for the ex.
the Conn refused to allow them.
Ida °tenorTo—That I deny, for no application was made for
the eapenees.
The A TTORT: ET.G Raid, Ito read the words of the
&Miaow it by the Magistrate who was present, old who stateS that
tens emu wererefused ; now hue could that be refused which had
nos been asked P
Mr. Justice BAYLEY—The circumstance may even be stronger
in favour of Franks, if the Justice., seal that no expenses would be
showed, before any application for them was made.
Mr. Aeooltwiehtiooomeo—He would ask their Lordships,
Wiliam they reverted to these facts, whether it had nut very much
the appearance of a wish, on the part of Mr. Kenrick, to carry into
effect what he (the Attorney-General) had before alluded to? he
meant the threat matte by that gentlemen, `• that whenever he
rationt held of Franks he would makes public example of him ? "
said whether these were not the means by which Le intended to
co so ? As to the conduct of Mr. Kenning subsequent to the com-
mittal of Franks, and previous to his trial and discharge, he (the
Attoraey-General) would now make a few temarke. It seemed
that these circumstances attending the piece of wood, and the
chimp of felony threaded thereon, having made some noise in and
out of the neighbourhood of hlr. Kenrick, it was desirous to sup-
press it; a letter was therefore written by this gentleman to the
gopkw, in whose custody poor Franks had been committed. It in-
quired as to the conduct of the prisoner since he had been in cut.
tody, and expressed a hope that it had been such as deserved con-
sideration. It then purported to say, thnt Mrs. Frnnks had
eaueated Mr. Kenrick to interpose for her hushaed, and '!het she
hoped what he had suffered would make him more•careful of what
he did in future. This part of the letter was altogether false ;
what she did say was this, that she hoped hi, orderings would
make hint more careful of what the children did in future, for it
was one of the children that had taken this piece of board to make
a rabbit-hutch, and Franks declared that he did not know of its'
having been in his posseesinn at the time be was committed. The
letter then went on to state that the facts of the case were so clear
against Franks, that he (Mr. Kenrick) could not suppose that he
could hope the an acquittal. He had no aniniosit• against Franke,
and if he would plead guilty he might hope for a lenient sentence;
and he waild suppress the evideoce of a very material whness
for the prosecution. Here, then, was a gentleman, who was him-
:.el: a Magistrate, and who proeeruted, not from malice, but from
a principle of public justice, offering to suppress material evidence
at the trial of this poor man, if he would but confess his guilt !
But " I have no ante:lenity against him," says Mr. Kenrick. No
animosity against him ! liney should it hare entered his naiad
to write to the gaoler to repel so preposterous a supposition, that
lie, Mr. Kenrick, the Magistrate, who prosecuted ouly from a re-
gard to public principle, had a feeling of animosity agairmt a
;our man when' he was prowooting for having committed !
a felony to the extent of 74d. in value ? The letter was !
sinned " Wm. kenrick." Now he (the Attorney-tieneral) would'
oine what WAS the motive for wetting this letter to the gaoler ?
He would ask if their Lordships could entertain a doubt that
it was written with a view of making the man confess himself
guilty ? But what was then answer of the gaoler to this letter ?
It was this.—
" Sir—l have received your letter, and am happy to say that
Franks has behaved with extreme propriety since he has been in
ni• custody. He says Le is extremely sorry for the offence that has
been committed, but that it was done by one of his children, who
took the hoard for the purpose of making a rabbit-hutch."
This was what be had uniformly said. The letter then went on
to say that he denied all knowlertge of any board, the property of
Mr. Kenrick, being on his premises at the time he was committed,
and that he considered it to belong to Mr. Bachelor, who had lately
been allowed by him to oilier some timber on that part of his pre-
mises. Bachelor, however, who was a servant of Mr. lierotek,
had said that this was CO put of the wood which he had put there.
This might be sn, but at all events the circumstance was a sufficient
reason why Franke, at the time he waa committed. did not advert to the
board. in Mr. Ktnrick's affidavit, he said Inc only prosecuted from a
'sense of public duty ; he (the AttomeyeGeneral) would say, that no
wan who had been influenced solely bye feeling of public duty would
have so conducted himself as Mr. Kenrick had done; he would
-have sent to Franks as soon as the board had been found, and have
ascertained the real facts. But, although this gentleman had acted
from a sense of public duty in the beginning of this affair, vet he
abandoned those thelings before the trial. The proceedings haying
gone thus far, it seemed almost inevitable that a trial must ensue.
This being most desirable to be avoided by ,Mr. Kenrick, applies.
Lion was made to the Magistrate to discharge the recognizance,
these, however, could not be this disposed of. There was one ma.
tend witness who was not under a recognizance, and this person .
was consequently prevented from attending the trial. Mr. Ken-
rick also countermanded the attendance of the attorney whom he
had employed. All this was done net to save Franks, but to save
the exposure that would ensue from a public trial. He (the At-
torney-General) would again repeat, that if the only motive of
the prosecutor had been to promote the ends of public justice,
he could not have acted as lie did. And this viaduct was not
the result of ignorance, or want of information on legal mat.
ten, for Mr. Kenrick was a lawyer, a Counsel of many years'
standing, and he believed had sat as Chairman at the QUAlter-
Sessions foe Surrey. Let him ask, then, whether the proceeding.%
as stated in the affidavits, vivre not harsh proceedings, calculated to
ihew forth the observations of men ? And lie would ask, too, whe-
'mu an editor of a newspaper was not entitled to make those things
known to the world ? and if so, whether it was not also competent.
tar him to make his comments upon them ? Let us see, then, what
[H was the nature of this libel. ere the Attorney. General went
through the libel, and commented on the several passages as he
proceeded.' It consisted of narrative and comments, not on the
conduct of Mr. Kenrick particularly, but upon certain portiets of
rear law, and such as he (the Auorner.Lieneral) thought were very
proper. He would now direct their 'Lordships attention to subse-
quent facts, which, he should contend, completely afforded pro-
tective to his client. Mr. Kenrick came to their Lordship', to ask
their interposition to protect his character from the imputations
ercieh he alleged to he cast upon it by the comment. of the editor
‘,/ the More/leg Chronicle, at the very time when he had himself
prepared • depcsition in which lie imputed acts of the grossest
nature, and crimes earning with them the most penal conse-
quence:, to this same person, Franks ; but although he had pre-
pared this deposition, he had taken care to omit many of the fame.
therein stated, in his affidavit. lie had, however, circulated it to
ttleprejtirtice of Franks.
The Loin CLIME JUSTICE—Where it your proot of this
fat?
The Aroonwee-GERomeo—Here is a deposition drawn by
Mr. Kenrick, not sworn by him certainly, but drawn and signed
by him, and mat to a gentleman of the name of Mr. Russell Col-
lot, in the county, who got it inserted in the Stambrd Newt; and
what added to the extraordinary nature of this circumstance waren
that Use letter to that gentleman was dated at Beaurnaris, vehneli
snowed that he wrote on the Circuit, while actually dioributiug
novice.
Mr. Go RIMY said, that this publication was after the libel had
been published.
The ATTORNEY.GENICRAL said. he knew it was; but he would
ask their Lordships, had Mr. Kenrick any right to come here to
ask the interposition of their Lordships, after writing this paper.
by which the character of Franks was most grossly libelled, and
an which the writer said, he did not regard the calumnies of tows.
paper editors ?
The ATTORNEY-GENERAL then read the paper, whirls e&
roved the circumstances respecting the charge again.: Franks'
little girl, and then said. " that this was before the late Act for pro-
arced:lg the abettor of the act." Their Lordships, observed the
Attorney-General, would perceive why this was said. The writer
then went on to state, that he had known Frank, for years, and he
had ocamn to believe that he had stolen and killed two sheep, the
property of Mr. Petre, a Magistrate of Surrey, who had abundant
evidence to prosecute, bet who forbore. from motives of humanity ;
and that Le (the writer) had no doubt that Franks had been plum-
taming his property for these ten ycan past, but that he had had no
evidence of' it before the ease referred to. nlr. Kenrick then pro-
ceeded to say, that he had very little regard for the caluinnica of
the newspapers.
The Loan Cuero Jo:oracle—flow is this letter brought home
to Mr. Kenrick?
The Aooonwzo.flogoitoo—lt had been ascertained that this
letter was sent to the Editor of the Stamford News by Mr. Russel
Ooilett, who was a relation of Mr. Kenrick, for Lisertion, a. haying
Leen received by him from Mr. Kenrick.
Mr. Justice BAYLEY—Has Collett made an affidavit?
The ATTORNEY-GENERAL—No, my Lord. Application was
made to him, but he refused to make affidavit, on account of
his relationship. Mr. James, the attorney of Pile. Ol went,
laad first written to Mr. Kenrick, to learn of him whether he Was
: author of the communication to the Stamford Neter, and that
gentleman afterward,' waited on hint ; who, having read the letter
car.plainerl of, declined giving any answer. Now, as to the
charge of sheepoitcaling, 31r. Kenrick must have known that it
was utterly unfounded, and of a most malignant kind ; and he (the
Ateerney-Gener.l) would tell their Lordships why the close front
whence the she, in question were stolen was near the high-
way :—Not far from this close a piece of paper was found,
which was discovered to be in Franks's hand-writing. Upon this a
suspicion was excited agaihst Franks, and the persens who
found it mole instant application for a warrant against hiin.
Bet the fileoistrate said he would not issue a warrant on such a
ground as tied: the matter therefore dropped; and the fact was
kept unknown from Prank, for upwards of two years ; and
then, while in company with the bailiff of Mr. Petre, who had
kept the paper ever si ace, the circumstance was casually spoken of,
warm that person exclaimed, that he was glad it was neve: acted
upon. Ai4 why ? What would their Lordships suppose had
boomed ? hirer, that • man by the name of Bignold had been
apprehended, tried, and convicted of this very offence, in the
ailliirtiourb•od of Mr. Kenrick himself, and most. thereon,

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