The National Register.
London, England, 1811-01-27 00:00:00

' THE NATIONAL REGISTER.

SATURDAY, JAL 25.
BELL V. BYR/44.

A ltuie was granted to shew cause why a new trial should
not talc e place, in_the aboire ease; for a libel.published in The
Morning Post, in which a yerdict for 5001. damages had bf.en
given to the Plaintiff at Guildhall, in the Sittings after the last

TIIE

The COMMON SEA/KANT iald le-had instructions to move,
on behalf of the Defendant for a new trial in this cause, it was
an indictment for perjury, of which the 'Defendant had been
found guilty at the last Sittings after the last Term, before Lord
Faienhorough and a Special Jury in Westminster. He was
aware, however, of the rule, by which it is provided that no
motion for a new trial, or in arrest of judgment, in any criminal
matter, can be made without the Defendant's being in Court ;
in this case the Defendant's state of health was such as to make
it impossible for him to be personally present. He had an affi-
davit stating the condition of the Defendant's health, it was an
affidavit made by two medical gentlemen of eminence.
Lord Eeeetaaoeouna.—" We shall -not break in upon so im-
portant a Rule as that which requires the presence of the De-
fendant on the motion being made ; but,• upon special circum-
stances stated in the affidavit, the Court may grunt leave to
make the motion on a future day, but whenever the motion is
made, it must be in the presence of the Defendant.—l have re-
ceived something in the nature of a notice, that this Defendant,
together with another, was to be brought up for judgment for
Monday next, but that may he incorrect."
Mr. Co atatota SERJEA NT said, there was no such fact to his
knowledge. The cause of the Defendant's illness was a violent
suppression of urine, but it was not stated in the affidavit when
it would be safe for him to come cut.
Lord ELLENBOROVGII.--" You may have leave to move at a
future day ; but, whenever you do move, the rule of the Court
requiring the Defendant's presence must not be broken in upon."
:%lr. Justice LE BLANC.—" Your right way is to take it gene-
rally, when the Defendant shall be able to come into Court."
Lord ELLENBOROUGHO—" I am not for opening the rule too
widely ; if you have leave to move on Monday perhaps that
would be sufficient, for the complaint of the Defendant. cannot
be permanent, it must either be fatal, or be soon removed."
Mr. Justice Betieer.—,, You may produce an affidavit here-
after that he is not able to come up.",—(Here the Judges confer-
red) and then
Lord ELLENBOROUGII.-.."*“ The Court inclines to give the
Defendant time generally, instead of naming a day, but expects
to come up the curliest ne,,:nent lie can ; and when you come for-
ward with your motion, and produce the Defendant, he must
then swear distinctly that was the first moment in which he could
come with safety; that is, consistently with the cause which you
now assign if he does not so come, he cannot swear truly that
it is the earliest moment."
Leave given to move hereafter, when the Defendant shall ap-
pear, for a rule to shew cause why there should nut be a new
trial in this cause.

, : . t.'

ADMIRALTY SESSIONS.

;, •,.,

. •
The Sessions were held on Tuesday, before the Right Hon.
Sir William Scott, Baron M'Donald, and Sir Simon Le Blanc,
at the Old Bailey.
-PIRACY.
3011tretallik alias. Collins, was c9italty' indicted for being
found, contrary to his allegiance, serpng on board a French ship
against the subjects of this country.
Prom the testimonyof Lieutenardlitir Parrot the Northum-
berland man of war, it appeared ttte'Glaneuse French Till-
wateer wastaken by his ship, onthe 21st tifllovember, off Vs--
ant. And on apart of the people of the Northumberland going
On board to take possession the'peisiMetj fontid amongst
',the On being, Whp‘Aetile• not an English-
man, he replied in the negati_st4,-** Slid be *as an lash-
man, and on being taken on blare 'Northumberland, he
confeited that be had been invallilid.46th the Zealous man of
war ,and off Tr. tar.
Theie the'cony" of Henry Hill
and Henry with " prisoner
on board '

The c:
ped the

Under alb

lug 500 Eyre_ disehar
On Rtoduc _ _ the Pittrattiei; - Yr.
found entered-as 'a native of Philadelphia in America.
The ptisonet in his defence said, that he went out in a smack
With orstert from Grairesrud tu the French Coast under Prtl4-

W 3

sian colours, and with an. English licence:—On his arrival off
Concale, Lowever the vessel was boarded, and he, together with
the Mast,:r and another man on board, were conveyed to the
TOwer of St. Nlarioes, where he remained there aine months,
supported only on bread and water. At the expiration of that
time, the Captain of the Glaneuse came to him, and asked him
-if he would serve on board his priwatver, to which proposition
he agreed, in the hope that he might be enabled I- ither to make
his escape, or be taken by a British cruizer, and the Captain ac-
cordingly paid'sso livres for his•liberation. He was only two
nights on hoard when taken by the Northumberland. He Con-
cluded by declaring that nothing could be farther from his
wishes or inclinations than to take arnis against his King and
Country.
Baron Iti'Donald having summed up the evidence, the Jury
returned a verdict of Guilty—Death, but recomi:4euded the pri-
soner strongly to mercy.
Sir William Scott then passed sentence of Death according
to the usual form, observing, that he should represent the recom-
mendation of the Jury, as -well as the circumstances of the
trial, in the proper quarter.
Joseph Jobson and Charles Jobson, two respectable fishermen,
residing at Ipswich, were tried on an indictment, charging th cili
with stealing a ton of copper from the transport Anne of Aber-
deen, which was wrecked on a sand bank twelve miles from
the coast of Essex. The charge was not however, satisfactorily
established, and they were acquitted. The Court then ad-
journed.


The Grand Jury found a true bill against Capt. Richard gtet
yens, who was some time since charged before the City Magis-
trat with an-assault, with intent to violate the person ofa laf2r
minicd Porp!ewell. on her passag,e in the prisoner's ship fro:a
the Welt Indies. The prisoner, w!lo had given bail-to take lus
trial ;:t the present Session, wishing to postpone it for some
time lcmgcr' enterer! into fresh securities to appear at the next
Admiralty Session (the 11th of February), to which day the
C Ala accordingly adjourned.

td had been in the action off. Trafalgar.
e facts were 'corroborated by the tettioignr of Henrr Hill
nry Bayie, the litter of Ivhf4it 'served' with the prisoner
rd theZeilout • •
captiOniof the Frencifprietiteer'ilso proved, that he ship.
prisoner at St. Maloes, having talcep him out of prison
hi siniptiiithitt.thaflit Wisest liiitaftai; previously pa y-
livrei fOr:hb discharge. " • •
Asittelfeithet: isapers of the prisoner was