The British Press; or, Morning Literary Advertiser.
London, England, 1824-05-13 00:00:00

WV should yenent itfolf td thifth, Rotating any difficulty In their
minds as to how they should treit it, the Court would on theif ap-
plication give them every assistance.
Atter proclamation had been made—
Mr..lnatice II obeastved that an application had bees
made to I • by some grand jurors of the ont-hundreds to be al-
lowed their expenses. The law would not authorise him to com-
ply with this request, an the service on Grand Juries wan regarded
by the law as a tax upon property, and he trusted that it would
long continue to he the only tax imposed upon it. (A. laugh.)
The Grand Jury then withdrew.
IIISLIC SIIIISCRIPTION.
Helios: v. PARKINS.
The other Judges ',eying entered the Court, the defendant in this
dune, the sod-diseed Mr. Ex-Sheriff Parkin., rose to make the mo-
tion of which he had given notice for a r.ew trial. He was stationed
among the Counsel behind the bar.
The Loon 1:111Cr JUSTice told him that if he Intended to
make any motion, he must stand on the floor of the Court, according
to common
Defendant—As I have my papers well arranged here, I would
tether, my tool, make it in this place, if you have no objection.
Tlae Lotto ('nn:, JUSTICE—The pearlee of the Conn is,
that when defendants move in person, they shall do so en the floor
of the Court. and I *or rn reason why the Court should deviate
I from its practice on this occasion.
The defendant then came down, and standing nn the floor of the
Court, proceeded to address their lardshipn. Ile Came there, he
said, to ()train a rule itisi for a new trial, and he assured the Court
that he spoke under failure such es no honourable man who hail
' ever stood there before hint had suffered. lie trusted that in COI •
sideration of die agitation of mind he experienced, the Court would
i make allowance for the deficiencies that would occur in his address.
! The grounds on width he relied were detailed in the affidavits he
held in his hand, and which he hoped tale COUPS would grant him
permisaion to read.
I The Loan Cuter Jesvice—An you move on affidavits, it
may be as well to read my report of the trial.
The defendant—lf you please, my boot
Tice C n out:at Jt•STIC e then read his notes of the evidence.
The defendant then handed to the proper officer several slid:mitt
to be read in nupport of his motion. The first was a joint affidavit,
by himself. Hit and Ilenry Taylor. and Henry Herbert- It stated
that when the subscription for Byrne was commenced, in August,
11122. a book was opened. In which the stuns received were regularly
entered, and that the total amount of those aunts did not exceed
152/., while the money advanced by the defendant on behalf of !
Byrne, and the rent of the house In Riding Muse-lane, occupied
by his family, exceeded 2011., and that the witness, Scott, who hall
sworn on the trial that the subscription amounted to 3001.. load had ,
access to this hank, had made entries in it, and must leave known I
that he had sworn falsely in making such statements an he had
made on the trial respecting the amount of the subscription received
by the defendant. The affidavit then went on to state that the
evidence given by Mr. W. Cobbett was also (Inoue in many re-
spects ; and further, that on one occasion, when Scott, who was a
discarded servant of the defendant's, had, by his master's directions, '
summed up the amount of the subscription, he had over-stated it to
the extent of 121.
The next affidavit was by the defendant alone, but having been
sworn only yesterday, the officer was directed by the Court not to
read it.
The defendant begged that it might be read, as its contents were
material to the motion. lie had therein stated, that he was taken
by surprise on the trial, by the production of I nbbett and Scott as
witnesses against him.
Mr. Justice Bar tev—lf it were so, that would be no ground
for granting a new trial.
The next affidavit read was by William Jackson, a waiter, at
the Fork Hotel in Bridge-street, Blackfriars' where the defendant
resided. It stated. that the witness Scott had been employed by the
defendant, from July 11122, to the following September, principally
to carry messages, at I2s. a-week, and had been dismissed Iron, his
service in consequence of misbehaviour. The deponent further
stated, that, on taking Scott's wages to him by the defendant's
directions, Scott burst into violent expressions of indignation at the
treatment he had suffered.
The affidavit of the clerk of the defendant's attorney stated, that
the brief for the defence was given originally to Mr. liurney, who
was fully irstructed, but that a day or two before the trial the ill
health of that Gentleman obliged him to notify that he could not
conduct the defence, and than-loft a brief was handed, on a short
notice, to Mr. Marryatt, who, for want of time, was not in full
possession of all the points nownsary far the defence; and further,
that they were not at all aware of the intention :o produce Cobbett
and Scott as wino:sees for the plaintiff, and therefore that no in-
structions had been given to counsel to cross-examine them.
The defendant then proceeded with his address in support of his
motion for a rule old for a new trial. Hi, ',resent situation, he
said, was more distressing than any in which an lomat man was
ever before placc:l. If he had been tried few murder or rubbery,
his situation would have been preferable, because murder might be
excused by sudden and violent imtation of feeling, and robbery by
extreme necessity • but if he was guilty of what he was charged
with, he could yield neither as an excuse for his crime*. lie was
not a poor man ; on the eonrrary, he was rich ; he had property
and eorrospondents in different puts of the world. A short time
ago he had offered to advance 50,0001. on a speculation which their
Lordships would not, he believed, have deemed likely to have
proved unsuccessful. Was it credible then, that for the sake of a
few paltry pounds, to be extracted dishonestly from the pockets of
a wretched and starving man, he would risk his ehosacter, which
he Tallied above all his wealthy The very thought that such a
slander hail been propagated respecting him wee too mach for his
feelings. (The defendant love burst into tears. His voice was ap.
patently choked with agitation. All olnvites he retionered
and proceeded) Ile had corwidered llprilly thosissimaap,,
and he had therefore written to ore of the worthiest men in the
world. his friend, the excellent Arch. Hamilton Horan, Esq. of
Dublin. inclosing a draft for IDOL to be given to Byrne if living. and
in case of his death to be given to his widow and children. From the
time of sending that letter he had never heard of Byrne again till
he saw a paragraph in a newspaper, stating that Byrne was coming
over to this country. He immediately wrote to Dublin to dissuade
Byrne from his purpose, because he was apprehensive that he would
(all into the hands of Cobbett, and be rendered a tool for that man's
designs. In reply he had received a letter from Mr. Rowan, statin2
that Byrne had received 201. from the Marquis of Hertford, and
that nothing could dissuade hint from his intended journey. fie
(the defendant) had never had any communication with Cobbett
directly on the subject of Byrne, until Cobbett sent for him to Ken-
sington, in order to request him to withdraw his opposition to
Ilyme's visit to this country. The reason given by e•tt was,
that as the Habeas Corpus Act was 'suspended in Ireland, Byrne
was not safe there, and might probably be sent away somewhere
through the influence of
The Lonn Can Er Jewett:E.—No part of what you are now
stating, as to your interviews and conversations with Mr. Cobbett,
can be proved, if a new trial should be granted.
The defendant said that he particularly wished to explain his
conduct all through this business, and he trusted that their Lewd.
shim would allow him that opportunity, probably the last that
would offer itself to him in an English Court of Justice. to viadi.
cate his character from an accusation which would attach disgrace
to him in a distant land.
The Loan Cot Er J t•STICE.—We can't suffir any ore to con.
aurae the time of this Court to make statements irrelevant to the
matter before us, in order, as he alleges, to vindicate himself to
the work.
The defendant—My character, my Lord, haw been attacked,
traduced, and vilified by the falsehoods and perjuries of Scou, Cob-
bett, and others.
Mr. Justice BAYLEY —Mr. Parkins, hear nues—You are now
throwing abuse nut upon pernons who are not befbte the Court;
prny avoid such epithets—the Coon cannot hew them.
The defendant—lly Li-rd. I was obliged the other day, in this
Court, to listen patiently while the vilest abuse was heaped upon
me. I wns tortured tier an hour anti a half together, by a person
who was pmteeteil by a wig and goon.
The Loan Co ter J tort it E Whai happened then can have no
relation to the business now before the Court.
'l'he defendant said, he was sentry that their hardships would not
suffer him to speak of the wickedness of the persons who had brought
him into his present situation. He then proceeded to contend taut
the evidence of Scott was completely disproved by his affidavits,
and that it was, on the face of it, inconsistent with staelf. He had
been deprived of the assistance of that good and religious man. Mr.
Gurney, and therefore was obliged, on a short and insufficient notice.
to hand a brief to Ale. lelarrystt, who of course was not master of
all the points of the defence. That alone lie conceived to be &strong
ground for granting a rule nisi. The summing up of the Chief
Justice was very satisfactory, and left the ease in such a point of
view, that nothing hut a strong bias on the minds of the Jury could
account for the verdict they had given, for Ina la fact lie had
never received more than 2$J. of the money subscribed for Byrne.
He had experienced such difficulty is getting a banker to consent to
receive the subscriptions, But he was obliged to make a deposit of
1,6001. without interest, to induce Illessna. Brookes and Dixon to
undertake the office of receivers, and what had gone Into their
hands had never pease(' thrintgh his. It was lodged there by Byrne
and Scott, soil subsequently received by others, anti not by hum.
Mr. Justice llAl was, it appears, received by year
clerk, Lentoine. lie was your agent, and you are therefore IR.
sweruble for what he received.
The defendant.—file was not my clerk, hnt Byrne's. Ile was
employed by Byrne to collect his subscriptitm. When I went to
Kensington to see Cohliett, he told me
The Loan inter .11- ST IC E —Mimi have we to do with what
passed between you and Cobliett, at Kensington? All this is quite
irrelevant to the question of a new trial.
'rhe defendant—My Lord, put are in the habit of hearing, with
patience, the arguments of those who con4.belOre you.
The Loon Film', Juturten—The Court cannot sit to hear
'cu, or any man in England, utter that which they ought not to
Mr. Justice IlAycrY.-1 see, by Lemoine's evidence, that he
ars he was employed by you as your clerk ; you are therefore eel.-
Ain', accountable for what he received.

The President of the Royal Academy returned thanks, but in so
low a tone, that we regret to state he was quite inaudible, except to
those immediately around him.
The Secretary read the hrxnant forth& enbealpeloos upon the pre- I
sent meeting. The Noble President bid OM 21 guineas (so-
plaine) ; Lord J. Ruston gait two drafts, 41111. of his father, the
Duke of Reagan!. for 20L, rine of his own he lil. (hoed whiten.)
" The pensperity of the Royal Society or Literature" was dtenik
with three times three. '
The Rev. Mr. I ores, President, returned thanks.
" The Asiatic Literary Society, and prosperity to its efforts."—
Three times three.
Mr. Cola:mane e returned thanks.
The 3larquis of I.aosinisce—%tldle we are attending to the
interests, and endeavouring to relieve the Wants of the iniire unfor- ,
Innate of those engaged in the occupations of literature, we should
not he forgetful of those who, mom fortunate, lore attained the •
heights of literature and science, and have, from this emineneeolis.
pcnseil light and instruction. I therefore beg to propose the health,
of the Poets of Create liritain--(applause)--and us, when we
gate upon the constellatioes in the heavens, there is one star which, I
from its superior brightness and surpassing brilliancy, attracts our
eyes, I will beg leave to notation the name, and propose in a parti.l
cilia'. manner, the health of Mr. Moore.
Here the applause was loud, long continued, and vehement. l
After attune time— I
Mr. Moons'. presented himself, and said, I know not why I
should have any clam to the compliments which are paid me. The
best proof of the value tit: your kindness is the deep sense with 1
which I receive it. Though this is the first time I have attended.
the meeting of this Society, I have ever felt the deepest interest in'
its prosperity and welfare (hear), as it affects that class of the I
' community which is always of so interesting, and at this period, of i
SO important a description. Much has been said of the imprudence,'
of the thoughtleisoess, of the prodigality of genius. It has been
mid, and happily said, by one of those thus gifted, and who was
I' self most remarkable for the quality of which, he spoke, that
" men of g..nitis scattered wealth, as if golden slew hung upon
1 every bough." Ymm the constant tenor of those remarks, we
should, ;Rebore. come to the conclueion. diet there was something
In genius, and in the pursuits of literature, incompatible with
1 worldly sense and pnatlence. We should, perhaps. becompailedto ad-
mit that these obsertratinns were founded in nature and in truth—
that (ienius was the Atalanta in the flee of life. It would. I
think, succeed in that as it did in °chi, effects, if it ye mot, like
the nymph of old, dried away fora the ermine y temp- i
tations • but these, unfortunately, welt not of gold. (Applause.)
I I have ;red there was a poet in encieitt mes 91) light and thin that
he was oldiged to carry stones in his pockets to prevent the winds
from Mowing hint away (cheers); front which I am led to infer
there is a levity in the poet's mind requiring ballast to keeOlt steady. ,
This ballast was equally necessary se the present time* and it '
should be also in the poet's pocket. (Cheers.) In dor 'times'
there is perhaps one exception in the case of an Individual,
whose drafts (to speak in commercial language) upon his banker
arc as freely honoured as when he draw, upon hit genius;
but dais is a rare occurrence—it is as singular as the individual'
in whom I allude. It is but seldom that fortune makes no
differenee between Parnassus and Threadneedle-street. (Clucte.)
It is seldom that fortune commits such an act of infidelity to her
constant shins. (Cheer.) She delighted to consign them to unpro-
fitable labours, which, thou splendid and admired, left nothing
but ashes behind. (Cheers. Ido not think it possible to obtain
or arrive at any method of a online relief to the class of persons to
whmn I allude, more useful, more honourable than the present, oe
more conformable to the character of independence which is
maintained in the country. Theme are my sentiments—l would de-
clare them proudly in the presence of the Royal Duke who was to
have occupied that chair, who Is a member of a family waling over
the only free nation in the world. (Cheers.) I would tell him,
we also possessed an independence in literature. (Cheers.) I
would remind my hearers of the expression of Napoleon, who,
when to use a figure taken from his own coins, he had flung
his bridle over the neck of the Revolution, and subdued and
tamed it to his will, one of those sycophants, who, I ant sorry
to say it, is ever a disgrace to literature, endeavoured to preyed
upon him to immix reetrietions upon, the Institute, Napoleon
heard him with attention, and replied, " ' Let us, my friend, pre-
serve at least the republic of letters." (Cheers.) We have this re-
public in this country ; let us preserve the dignity of Its culling.
r(Cheers.) We have here men of letters who look tone patronage
that of the public—(cheers}-wbo seek no protection but that of
the limr-embef spins. (liteent.) We have hove men who I think
it fair to suppose would never wish to ere the Muse's brew sullied
in the dirt of a despotism even the most splendid. ((limes.) It
was the duty of i.dividuals such as these to guard men of genius
, from the most dreadful of all mienden—poser ; and no MoT! el&
tient, more weal method ant, I think, be devised than the pre.
sent. In other societies there may be difilecities.evidng from tiff.
ference of political opinions ; such could net be the use here. We
had no political feelings with regard to geniis ; we knew genius
of no, or rather it was above all, party. (Cheers.) I think this
system is the best fur administering relief to suffering men aisles*,
without the pride of patronage, without the ostentatitio of dia.
rit I. (('heirs.) It is by a count of this kind the public is enabled
'to repay the debt of fintittide to the author, to the moment
lof his depression and his sorrow, for the light he has shed around
them in the days of his splendoi% (Chears--) As to the c)mpli-
' ment which has been paid ma by the Noble Marquis, I feel of!
self too strongly hound to him by the Op of respect and gratitude
to attempt a reply. There are some aWsgle to which silence alone
can do justice, as there are some persons whom but to name is toll
honour : I shall therefore confine myself *returning thumbs, lions
the bottom of toy been, both to the Nowt Marquis and to you all,
for the boomer on have done .-ofirwte . Moors est dorm solids*
the loud, , sad lowesetismeitefieen tad seciamblons of
.
the metrin
The flea th of the Sheriff's of London was drunk with loud
applause.
Sheriff WIIITTAIrn returned thanks. Re protested, if any
suit!ior was committed to his custody whilst Sheriff, be would
sutrer him to escape.
The Ilnrgmis of Lawanowt. attended. by Mr. :genre. and
other distinguished tenons, retired. The Chair was taken by
Earl Brandon, and the conviviality of the evening was continued to
a hate hour.

UXBRIDGE SCHOOL DINNER. • •

Upwards of fifly gentlemen, formerly scholars of the Rev. This
Ebenezer Rowley, of Uxbridge, met esterday at the London
Coffee-house, Ludgate-hill, for the mufti-Ix of presenting a Piece
of plate to their former Reverend Preceptor, as a token and mbute
of respectful affection and gratitude the the benefits they had de-
rived from his laborious and watchful guardianship as their tutor.
A very sumptuous dinner was screed up ou the occasion, at
which Dr. Ronald' presided.
The Rev. T. E. lkwiley was prevented from attending by indis-
position ; he was therefore represented by his sun, Thomas Waa-
-1 ley Esq. LL.D.

.11'ter. the cloth was removed, Noss Nubis &mime was sung by
the pnifessimial gentlemen present.
The .11•1111 MAN then proposed " The King," with three times
three. Song-- bind save the King."
" The Puka of York and the other members of the Royal Fa-
mily."
Ihka_" flood subjects."
The l'itsimmsx then said, he considered the toast which he was
about to give, to ha (mean appropt late as any, and that he could not
account for its omission in the list of toasts usually drunk on public
and other convivial occasions. Ile then gave--
The Ladies"—Three times three.
Illee--`s Here's a health to all good lasses."
AI II )t AN next prorrsed _

" The better and re4we'd health of their worthy and respected
preceptor and friend, the Rev. Thomas Chewier Ileasley, to whom
their all felt 1141 sinccrcir grateful fur the incalculable benefits they
had received from his parental labours."
The health was drunk, and followed by the most enthusiastic
cheering.

A pi Ye of plate, weighing upwards of 177 ounces, beautifully
manufactured, in the shape of a 1,111,1“, was then presented by the
Chinn:lan to Ik. Itermley, in the name of his father. The follow-
ing inscription Was engraven on it :

Pmented to
The Rev. Threat's Ebeneare Beasley,
of Uxbridge.
By his Pupils,

A grateful testimony 44 respect and affection
for him,
•As their Preeeptor and Friend,
:tiny 12, 1824.
A fientleman immediately rose, and after congratulating the
/ f'ampany on their happy and interesting meet's vegetates! that
the honk then In his hand might accompany thept e of plate, as
a further teatiniony of his sincerest respect to his timer preceptor.
lie then 4 placed on the salver a very .••antly bound bible, which'
was felt by the company as a most appropriate aidition to their
present.
tilec—" Auld long sync."
' Dr. Its: AST. EV expo. ssol his warm acknowledgments for tie
1 honour conferred on his (Asher. -

The health of Mr,. ih•rotley and family was then drunk ; and
after some other tomda being given, and 111011 Ir admirable songs and
glees rung by the Contrany, the phasures of the evening ter-
minated.

LAW LVTELI,IGENCE.

COURT OF KING'S BUNCH, WEnlotinar, MAT 11

Sinings in 11Inn,.

Soon after ten o'cl.a.k Mr. Justice Itavirc tonk his seat. Tho
name* of the brand Jury having been called iwer, were answered
by a vcry full attend:lll(c of jurors. The Jury were then sworn.

and-
31r. Justice ItAvt.rr promelletl to charge them. In the first
place hecongratulattil them on the readiness with which they had
attended to discharge their important duty, which he believed had
horn so frequently fulfilled by them that he should abstain from any
long address on the present occasion. They had served so often
that he wee persuaded they well tenants' the principles no which
they should azt. lie woUld therethre content himself with stating

The tlefendam.—Am 1 accountable for what Byrne reeeired ?
Mr. Justice IIayLTY.--42ertitinly not. If 1 understand you
rightly, you say that the amount of the subscription MU 1411., of
which 114/. were lodged with Alctuirs. Brookes and Dixon. and
that the allowance of •!Z. a week to Byrne reduced that sum to SKII.
In whose name dues that stand?
The defendant.—ln the name of" Byrnes Subscription."
The I Cut ii .1-- •—•-•-• Thai ible. If it was

Airy shoos. ig he Loon Cot re „It• ST . at is inipossiL__
one short role, by which they might safely guide themselves. It in his name be migle go and receive it at any tnne.
was their duty to judge of the credibility of the witnesses examined The defendant.—lout he can't till lan paid for what he owes
behove them, and of the probability otf the story detailed in support , mc. The money was taken from a box of this awe by the bankers
of the bills presented for their consideration. If thee appeared to! (holding or a tin boil, and the amount of the sums depositeft in
them pines fire evidence that the parties complaining had sus- their hands was regularly entered in a hook. in which Scott had
tabled injury, it was their duty to and the ease for further investi- ; made entries, though he swore on the trial that there was no such
gation lictiarc another tribuna but if there W.I. not such an amount account kept.
of evidence, It then clearly was not their duty tepid die parties se- 'lite Loan Curer -11,11TICi—lle never said any such thing.
cuassil to the etrense of defending themselves. lie was not aware defendant said, that his character would be utterly de-
that the* W 35 Soy case that called for particular observation, but if stroyed, if it was believed that he had been sayable of putting 1941.