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

LAW INTELLIGENCE.
C01:117' OF KING'S MiIIIZIVED3rzsDAY, MAT Z.

Bitting, in Banco.

lIFESI r. WAIT.
This was the ease in which the Lord Chancellor lately directed a
trial at bar in this Court, in order that the opinions of all the Judges
might be taken, as well sa to the law as to the general circum-
stances of the case.
The ATroax EY-GENERAL this morning requested to know
oa what day next Term the Court would be pleased to ti x the trial.
The Lou t) C1111:1 Jt t: said, that a trial at bar could not
take ',Lee in an issuable Term, except in cases in which his Ma-
jestywas concerned.
he A TTOIIN EV-GENERAL—Then it cannot take place till

iel;selmas Term.
The Lour) Cult r Jrsr Kt —Certainly.

rut: IC ING r.
This was an indictment against the defendant for a disgusting
libvl on beforeane Esq. the Mayor of Portsmouth. The ease
1V3.4 tried Mr. Justice Burrough, and the defendant found

guilty.
It appeared that the defendant had been before convicted of a
libel at the Portsmouth Sessions, before Mr. Carter, and way suf-
fering the sentence he received for that offence when he wrote the
libel for which he now came before the Court. The proof of his
guilt consisted principally in some papers in cipher found in his
possession.
Mr Al ERRS-WEATHER moved for a new trial, on two grounds:
first, that the ream' of the defendant's former conviction ought not
to have been admitted in evidence against him ; and, secondly, that'
there was no evidence to go to the Jury. The libel was not proved
to have been written or composed by the defendant. The only fact
aztinst him was. that he had applied to the gaoler to go into a cell
alone to write a letter, shortly before the libel was found.
The Cot' IT were of opinion that the evidence was sufficient to

support the conviction.
GasELEE postponed the judgment, to give the defendant
the benefit of Mr. C. F. Williams's
After the argument of the next case was over, the defendant was
again brought on the floor of the Court for judgment.
Mr. C. I. WI t. I.IA ms addressed the Court shortly in mitigation
of punishment. lle admitted that this was one of those eases Mhich
outraged every feeling of human nature, but he trusted their Lord-
ships would have regard to the sufferings previously sustained by
the defendant, and temper their justice with mercy.
Mr. MERRYWEATIICIL made swim observations on the same

gide.
Mr. GAPE LEE Raid a few words in aggravation of punishment.
Mr. Justice BAT I.E.T, in passing sentence, observed, that the
libel was of the most malignant character. The defendant had
attacked, and would, if possible, have destroyed, the good fame
and peace of mind of a gentleman who had done him no in-
jury, and who probably had never heard his name until the
discharge of his magisterial duties required him to sit as Mayor
upon the defendant's first trial. The means by which his guilt
was detected had been very extraordinary, but they were at the
same time such as left no doubt whatever of the propritty of the
verdict. The judgment of the Court was, that the defendant be
im-
prisoned for 1$ months :a the HOLM of Correction at Portsmouth,
and afterwards enter into recognizances in 54 0/. to be of good beha-
viour for five years.
CRIMINAL INFORMATION AOAINST THE
BRI mil PRESS.
THE KING t'. CARLTON Awn OTHERS.

The argument he this ease was resumed this morning. When
the lard Chief Justice withdrew yesterday, Mr. Saulett was
reading the following affidavit, which we now give entire—with
the remarks of the Learned Counsel as be proceolad with it
" Charles Flint, of littoxeter, in the county of Staffed, articled
clerk to Abraham Flint, of the same place, Attorney at Law,
maketh oath and with, that he, this deponent, was at Stafford, in
the said county, on the lath day of June last, for the purpose of
copying the Borough Charters, under a writ of mandamus for that
purpose, and that about seven of the clock in the evening of the
same day, he, this deponent, was sent tOr by one John tikes (•
dient of this deponent's said brother) to whom this deponent itu.
mediately went with the messenger (one Samuel Stokes), and
found the said John Wilkes in custody of one John Rowley, a
constable, of whom this deponent requested his authority for ap-
prehending the said John Wilkes ; when the constable desired this
deponent to go with hint until he had lodged his prisoner in the
round-house, and he would then !thew him his authority ; and this
deponent thereupon accompanied the said constable and the said
John Wilkes, and saw the said John Wilkes put into the round-
house. And this deponent upon his oath faith, that he did not
attempt to prevent or &outran the said constable putting the said
John Wilkes into the mural-house, nor did this deponent ever as
that the said John Rowley, the constable, should not put the mid
John 'Wilkes into the round-house; on the contrary, this deponent
saith. that he advised and requested the said John Wilkes to go
quietly and peaceably with the said constable, which the said John
Wilkes accordingly did ; and deponent further ninth that he also
requested the persons who were an assembled, and who had been,
as deponent believes, drawn together by the apprehension of the
prisoners, to conduct themselves orderly and peaceably; and depo-
nent further saith that he afterwards went with the said constable,
at his request, to the house of Mr. Charles Clarke, and from thence
to the said constable's own house, where the said constable pro-
duced his appointment as his authority for having taken the said J.
Wilkes into custody, front whence this deponent returned quietly
home to his own lodgings, taking no other part therein than
that of thus acting professionally fur the said John Wilkes
as hereinbefore stated ; and this deponent further smith, that it
being the time of evening when the men usually left their work,
the people present assembled, as this deponent verily, believes,
more out of curiosity than any other feeling, as there was no dis.
position to riot or to rescue the prisoners evinced, hut on the con-
trary, had such been the intennon of the nsaemblage, it might
easily have been carried into effect, from the numbers collected
together upon the occasion. And this deponent further maids. he
denies that he (this deponent) obstructed, opposed, or assaulted
the said constables, or that they were, to the knowledge or belief
of this deponent, obstructed, opposed, or assaulted, or that he (this
deponent) had any intention to obstruct or oppose, nor does he
(this deponent) believe that any intention to obstruct or oppose the
said constables existed."
Mr. SCAR LETT obeenwed, that on the trial of Mr. Flint, one of
the constables swore that Flint said he should not take Wilkes into
eastody ; but on cross-examination this man admitted he was deaf,
while the other constable acknowledged that he hail heard no such
expression proceed from Mr. Flint at all. The case of Wilkes was
Nis : he had been prevailed upon by a person who laid claim to
the estates of Sir George Jemingham, to accept the tenancy des
farm, and in order to enter upon it, he had put a lock upon the
gate, which the actual tenant (Picken) had taken off. When
Wilkes went with them to claim his farm, the constable arrested
him under the Trespass Act.
Mr. Justice RAY LEY—Wasthere no warrant?
Alt. SCAR tXTT—No, my Lord, none. There might be a past
agitation in the town, when it was known that Wilkes wasgolog
to demand possession. I admit there was a great crowd, which the
other panywere pleased to call a riot. The constable sbewed Ms
appdntment as his sole authority, and on that alone arrested
Wilkes. There were shouts to be sure ; but limy inclination had
existed for resistance, there were people enough to have prevented
Wilkes's arrest. " .Ind this deputient further smith, that on
the following day the said John Wilkes was taken before a magis-
trate, and lined ten shillings for the trespass ; and notice of appeal
against the conviction was given. And this deponent saith, that
on the Saturday afternoon next after the alleged riot took place, he
(this deponent) went betine the Rev. Thomas Whitby, a magis-
trusted the county. at the County Ilall, and informed the said ma-
gistrate that he understood a warrant had been issued against
him (this deponent) by hint (11r. 11'Itithy), and that if that was
the case, he had brought a very respectable man, a Mr. Under-
wood, to be bound for his appearance at any time he should ap-
point. And this deponent saith, that Mr. Seckerson. the agent to
Sir George Jerninghain (the ostensible prosecutor of 11'ilkes and
the other), came up at the moment ; and the said magistrate asked
if he had applied or intended to apply for • warrant against this
deponent, when Mr. Seckereon told the Slagirrate, in the presence
of the said Mr. Underwond and • Mr. Sellers, that he had not ap-
plied for a warrant against him, this derment, and did not intend
to do so, for he considered there was nothing against hint, this de-
ponent, to justify hint in so doing : that this deponent told the said
Mr. Seckerson, if he thought there was any pretence whatever of
so doing, he, deponent, wished him to imply for a warrant, as it
would then give hint. deponent, an opportunityofjustifying himself
before the Illagistrate ; that Mr. Philip Seckerson again repeated
that there was nothing to justify him in so doing. And this deponent
fut thee saith, that on the Monday f Blowing he. th is depanen t, attended
at the Town-hall, in Stafford, before the said Magistrates. as the atter.
ney furtheotherdefendants, who were then charged, by thelawagent
of the said Sir GeorgeJmiinghant. with obstructing the constables
In apprehending the said John 11'ilkes; upon which occasion the
said John Rowley, Robert Jones, and Richard Bridgen, the con-
stable% and Joseph Pickett, the nominal prosecutor, were exa-
mined, and stated all the circumstances of the alleged riot, but
no charge whatever was then made against him, this deponent. And
this deponent, upshis oath, further saith, that notwiithstanding
the repeated statements of the said 511 r. Seekeraun before the Magis-
trates, that there was no pretence whatever to include him, this de-
ponent, in the charge preferred and made against the other defend-
ants, in the indictment against them at the following sessions,
he was nevertheless included, and a true bill found ; but the trial
was traversed till the Aliehaelinas quarter sessions following. And
deponent saith, that this deponent, at the said Michaelmas sessions,
1f 113, took his teial with the five other defendant*, tinder an indict-
ment for a riot and rescue, and that notwithstanding the contradic-
tory evidence given by the witnesses for the prosecution, he, this
deponent, with the said other defendants, was found guilty; and
although there was no less than twenty-six witnesses for the de-
fence, so satisfied slid the Counsel eniployed on behalf of this de-
ponent and the other deferdsnts, and the attorneys and other friends
of this deponent. and the other defendants, express themselves, that
there was 00 eau made out against this deponent, upon which a
conviction by any possibility, in their judgment and opinion, could
take place, nor even evidence to go to the Jury ; that this depot.
nent's Counsel, although urged so to do by this deponent, would
not and did not tall a single witness for the defence, only witnesses
to his character after the verdict was returned. And this deponent
further saith, that such trial was not, to the best of the judgment
and belief of this deponent, a fair and impartial trial, tar depo-
nent saith that the address of the said George Chetwynd to the
Jury (in the judgment and belief of this deponent) was cal-
culated to excite great prejudice in the minds of the Jury
against him (this deponent) and the said other defendants,
and to induce the said Jury to give a verdict against the
facts proved in evidence. And this deponent with, that he verily
believes that the said George Chetwymi intended so to mislead the
Jury, and that they were gristly prejudiced by his said althea, and
induced to give • verdict unsupported by the evidence; nor did rho
said George Chetwynd, the CJairman, sum up the etidence gives