The British Press; or, Morning Literary Advertiser.
London, England, 1826-02-22 00:00:00

Sr. Kenna had aim decided Mr. Burgess in the same way. Then
why was not air. Burgess brought befote the House, sines. he wall
implicated and identified with this charge? But again, when the
esme evidence was submitted to the Grand Jury they found the
Dia, so that they also are involved iii the same charge. Nor was it
or soy use to say that the property wes smalls the law Made it a
core to steal to the value of one ehilliftg ; and so long is the prose-
cution was accordieg to law„ it was nut malicious. The circum-
stances too which were likely to determine a prosecution were not
ortisg in this case. When Mr. Kenrick's overseer found the
tether on Frauks's premisea, the wife of the latter interposed, and
dvareil it was not Kenrick's, before his name we, mentioned.
1.,,„.1,„•,,0tt, duo, said the timber was his father's, and had been in
hit possess. ion many years; the falsehood of which assertion the
owner proved by cutting the wood and showing that it was fresh,
hissing been cut only a few months. In short there was sufficient
ev.doce that the property was stolen, but no evidence what.
net that Mr. Kenrick etas influenced by nsaltmous motives.
isa another proof of a corrupt motive having existed, sonic situ.
dons hid been made to a desire evinced by Mr. Kenriek possoss
homer of the cottage occupied by Franks, which desire tire latter
113.1 not complied with ; hut it should be recollected that this trans-
action took place six years before the prosecution or Franks ;
so completely had that gentleman ebandoned all wish of the knit],
that though „o„ther cottage was offered to him on more moderate
he declined purchasing it. How did
tains, and more moamient,
thew facts agree with the assertion that the prosecution was Men.
"tea tot the purpose of getting the cottage ? It was said too that
Kenrick wanted to make a right of way through Franks's grounds,
which was not allowed. What did Mr. Kennek say on his oath to
that ? There was a piece of laud allotted to the two cottages before
„demo to, sad he gave as much land of one of his rich fields, as
was equal to the poor land which they possessed, and he made the
application to Franks, that his neighbour Bates might have the
pathway. without which lie could not enjoy any benefit from this
additional land. It era not necessary to point out to the House
that there was no malicious motive here. Another of the charges
was, that he had tampered with the wife of Franks while the bus.
band was confined, that by getting Franks convicted she might be
compelled to sell the cottage. This hall been denied in the affida.
vie, end might have been established at the bar of the House, but
no attempt of the kind had been made. lie had endeavoured to
Este these facts u freely as and he woeld ask the
House seriously if any gem present could think that a single
eh erge had been made sot. Nay, further, had any attempt been
mada which had not been met with the moat satisfactory refutation?
His Learned Friend had said it was the duty of Mr. Kenriek to
acquit himself of the charges which had been preferred against
him. Such a proposition as this he had never before heard ot. In
the course of his practice he had always understood that the party
making the caorge was the one called upon to adduce proof. Neat
tame the letter; maul here would inquire of the House, whether au
Individual writing a private letter to a near relation and in that
letter making some fire observations on the character of a third
peram—he would int the Douse whether such an individual so act-
ing was, as in the present instance, a sit person to be taken cogni-
zance of by the House of Commons ? (Hear, hear.) Such was
really the caee: Mr. Celle had written to Mr. Kenrick to ask of
him an ezplanatlon of the statement which appeared in the Shim.
ford Neves. The mown of air. Kenriek was the libel complained
of; but could any one reading that letter suppose that it was 'eli-
te%) for publication ? There hoe been no evidence to show that it
bad been published by his authority ; on the contrary, it was pub.
fished by the direction of ale. CeMet. The letter itself bore out
this presumption. It said, the makment in the Shumfi,rd News
was the reverse of true. Ile did not think it because hint to
notice, by replying to it. the scandal of any newspaper, when
it affected him in his official capacity. He was determined
to apply fora criminal infortnauon 'o the Court of King's Bench.
and he kft the prosecution of the affair to the discretion of his
Counsel. In this letter dies, or by an! other evidence, there was
no proof of his having sanctioned the publinuttm ; but suppose he
had, was the House prepared to say, goaded as, he had been—held
up as be was to ridicule and contempt by the 113oewing Chronicle,
that it would consider this a fit transaction over which to exercise
its peculiar privileges I As regarded the robbery by the child, it
was impossible not to think that the parents were uniequainted
with its they mum have been aware of the things being in their
possession. With respect to the sheep. this charge was Undefined
be admitted, but It did not follow that Kenrick did not at the time
of the prosecution think it trite. There was one part of the case
he had not noticed. It was said Mr. Kenriek, finding himself in in
awkward situation, endeavoured to get Pranks to plead grnilty.
These. however, were the facts; there was no overture made by
Mr. Kerrick, but the wife applied to him in her husband's behalf.
Ile said be would write to the gaoler, and he wrote, saying that if
bs acknowledged his 'fiance he (Mt. Kenriek) would endeavour
to get a mitigation of his punishment. %Vas there any offence in
this ? If they supposed that at the time of his making this offer, he
beloved Franks to be innocent. the thing was widely *M . different • but
there had been no evidence to this effect. Franks had been already in
prison three mouths, and had a poor and unoffinding family, and it
mieht hate been charitably imagined that he would become a re-
formed man without incurring farther punishment. The wife sub-
sequently mule • further appeal, on the ground that if her husband
were convicted of felony, he would lose all advantages from a bene.
fit fund to which he hail been contributing for yeses. On this re-
presentation it was that air. Kenrick wrote to the Clerk of the
Peace to get the peoecution put aside ; but he was told this could
not be dam. Mr. Kenrick then determined on withholding the
principal witness; he did so, and the prisoner vie
discharged. His lammed Friend had said he ought to have
goes is with the prosecution ; but he would reply there
was no such oblikation either in a moral or a legal
point of slew. If this was a malicious prosecution, why was
the witeess withheld ? He would make one observation in refer-
entre to the application for the rule to the Court of King's Bench.
There had been • general supposition that this case was decided
against Mr. Kennel'. The decision, however, did not go to its
merits. The Court refused the criminal information, leaving it
open to 81r. Kenriek to proceed by indictment. He had elides.
vowed to put the House fairly in possession of the facts. This he
thought to be his ditty, that the House might give to it that serious
coneideration which at merited. Under these circumstances he
must give his decided negative to the motion.
31r. DENMAN shortly said he should withdraw his motion.
(Cries of •s Hear. hear.") By the cheers of the Right lion.
Gentlemen, it appeared to him (31r. Denman) that they 'teemed to
consider this a species of triumph ; but he could tell the House
that nothing bad transpired to shake his first conviction. He
Lad done his ;oty—he had called the attention of the House to
the transaction ; and in doing so he thought lie had done but
right.
The motion was then negatived without a division.
The Order of the Boy was next read.
NAVY ESTIMATES.
Mr. BROM:MN brought up the Report of the Committee on
the Navy Estimate%
bit F. 03131ANNEY addressed the House, but in so low a tone
of voice that we could not catch any of the lion. Gentleman's
speech. We understood him to give notice that he should, on an
early day, move for returns of the number of widows of assistance
who had applied for pensions during the years 1801 and 1809.
Mr. HUME could not see any reason why the navy should be
simpotted upon so large a scale after eleven years of peace. The
ordnance and military estimates were too expensive; he was aux.
Mtn to know when the country were ro expect a peace establish.
meet. These estimates were enlarged when the people expected •
different establishment; when was any relief from taxation to be
expected ? At a time when thousands and tens of thousands were
suffering. it was not proper to launch into such excesses. it inisters
ought to reflect that the nrcumstances of the country did not re.
quire these expenses. There was no satisfactory explanation given
why the increase from seventeen millions to thirty trillions in the
present year took place. There was nothing in the state of
Europe ten of Arnenca to justify it; in 1817 there were 19 millions of
seamen; in 11319 there was an Increase; in 1820 they amounted
to 43,0041.0001. There was also an increase in each oh the years
1821. 1822, and 1823, and now they amount to 30.000,001 a. He
could see no purpose for which this enormous expense was created,
eseept to enable the Treasury to provide for the junior branches of
meat families. It was not to be tolerated that 8.200,000 f. should
tke tequired for the navy. But it was not to the navy alone that he
Coveted ; he could not consent to the Army Estimates; in short,
to the whole scale of expenditure. He always" wished to have a
rometable navy. This country was a naval power, but the
_present enormous expellee could not be supported without rob-
bing the public creditor. How could fifty-five or sixty millions
of taxes he taieed ? He was sorry be did not see either of
his Majesty', Ministers on the Treasury Benches, as he was
lIAZIOIIII to press upon them lie absolute nereosity of reducing
tie taxes. It was too much to expend trinity-revert mil-
lions to support the civil and military establishments. In a day or
two they should have all the estimates before the House, and he
wished he could-anticipate entue relief; but he feared there was no
hope of retrenchment, although the people looked anxiously for it.
l he could do was to enter his protest against the extravagance of
almisten. He would caution the Government against proceeding
is their career of expense at this unfortunate crisis of the country.
It was not justifiable at any time, but particularly when distress
prevailed all over the country to squander' million, in useless ex-
Pencliture. Ile would therefore move a resolution, supporting the
recommendation of the Finance Committee of 11118, to reduce the
airy estimates. They were at present 8,1841.001.1/. and unless the
Ileum interpose to stop the extravagance of alinietere they would
only add to the present difficulties by so ex aria of taxation. A t all
events, he felt that he had done his duty, and lie hoped that Par-
Lament would insist upon the Government pursuing a more econo-
mical course than that which they now sternal bent upon.
rrieriAre.J,R__USSELT. run to second the resolution of hie lion.
d (air. Hume), He thought there was no necessity our the
Present inordinate expenses of the nasal estublishment of the noun.
t? 7, gad he also thought the military might be reduced. He could
IN WI/elm why a war establishment should be maintained after
h" lung • pniod of peace, and for
cordial support . these reasons he would give his
to the resolution of his Hon. Friend.
hiSalit,bel.forlll.:K_ BURN was quite surprised to hear the lion.
berdeen say that there was no necessity for the pre.
wohn wati
t Cavil establishment by the country ; but he would ask him
ma lt possible to reduce the navy with any safety to the cx.
"commerce of the country ? The merchants had culled for
ati"ett,,a.ial.,s. and maims Government had complied with their de.
."utir enterprises would be checked, and a want of confidence
withitr_Pat t of the merchants would be fatal to the best interests of
L"l"'u_ it. A naval force was necessary in the Mediterranean to
tet as from
lla West I d'any annoyance on the part of belligerents there.
ere n tea piracy hail prevailed ro such an extent, that
eraid„f_ was a considerable naval force in that quarter there
sho " altuy fo Britis commerce. On the coaat or Attica
force wasr requi hsite. Of the coast of South America,
*pea 16'!italiiilg to acknowledge the services of naval officers sta.
val that coast. They were hoe great dipamatists,