The National Register.
London, England, 1821-12-17 00:00:00

THE NATIONAL REGISTER

finding he could not get that sum, requested the 51. Mr.
Flood then talked of compelling the young woman to go
before a mitAitorate to swear the child. Mr. Harmer not
being able to get the 101. wrote a respectful note to the
nobleman, and requested he might lisse his IW. He was
much astonished after this, In find, without any 'previous
indite, that Mr. Fraud nrot to the 1111 l 0, Clerken well,
and prefect...if an indictment against aim elf aud a clergyman,
for c piracy. The clergyman had no Icitoo ledge of the
letter Pent by Mr. Hamer, but hearing of the case, hail
written to she nobleman. The plaintiff laid notice of the
indictment soon after it wilts found, and seat to Mr. Flood,
stating th hr would burrender, and take his trial on the
Monday following; but Mr. Ft nod said be should conduct
the prosecution in the common a ay. The indictment was
removed by certiorari lulu this court, and Mr. Harmer was
an quitted. Tins was the plaintiffs ca,e, and the Jury
%timid have to say whether the defendaiit prelerred this in-
dictment licionsly. If the evidence innate out a ease of
unitive, the damages would no doubt compesonte the plant-
till tar the attack upon his character.
Mr. Gooey then called John Lon rv, whn produced the
indictment found by the Graad Jury ic:ionst the
The game being rend by the 'desk tat Prim*, charged
the plaintiff and another with conspiring to defi•ud the
I nobleman.

Al r. rgeant ['yoke asked how the family name of the no-
bleman wit:, spelled ?
Al r. Abbott Biliti, with is g.
Sergeant Peake Iheu ritsberved, Shut the name in the de
claration eau spelled Is itli aj. The variance w mild alter
Memnod of the name, and incite the actiou apply to a dif-
ferent person.
The Lord Chief Justice asked Mr. Carney if he was pre-
pared Its prove by city 1101'3011 aho uncleistood Spanish, that
both letters produced the same sound in the Spanish lan-
guage ?
Mr. Gurney had no witness to establish that propo.ition
and the misnomer being held fatal, the plaintiff was nou-
suited.
VIIIDAY. DEC. It.
PERJURY.—TIIE KING V. DREW.

The defeildent was indicted for vrilful and corrupt peijory,
in stating at the bar of the House of Commons, that Colonel
Ba)ley, Who stood candidate at the late election fo the
bormigh of Iledon, in Yorkshire, utlet ed haw 201. or 101. to
Vole for hien.

Colonel Bayley being ezninined in support of the prose-
cution, denied in the mutt positive terms, tout he ever °lf red
the defendant any money, and, under all the cirt ulustances,
found the detendant—guilly.

TUE KING V. DOLBY.
This was called use for trial. It was a prosecution by the
Constitutional Association, against the defendant, is stationer,
in the Strand, for the publication of ass alleged libel, entitled
the DiJtionar), or Picket Companion "
'Cheer special jurors appeared in the box to try the in•
dietment, when uu ohjecliun wits taken to the array,
or jury si t in order by the Sherd, in hi, relurn of the panel.
Mr. Scarlett challenged the airily, on the ground that
John tharratt, I;,q. the Siwrill who feint lied the panel, was
nw•naber of the Constitutional Asso, iistion, and consequently
one of the prosecutors.
Mr. (iame), a, counsel for the prosecution, denied that
Mr. thirratt as as, at the time of the 1)411.1, one of the pro-
secutors.

Mr. Se .nett then said, they must go to issue upon the
question, nod the Judge nuulduppnu.t men.
1 c Lout Chief J t a ilsoledioti ly •ppoioted two
of t:ie Mee special ill the box, to try the isette.—
The juior, were William Mitchell, Lsq. and Francis Thad-
deo, 1.-11.

Tlit.re tit ion nrr olsjection to the nppointmeni, the two
ges. Icon. n o ere bl% urn to try o het tier JUilll Gurrat, Esq. one
of the Sheriffs of London and Nlisidlestx, at the time of re-
tuiuiug the mood to this court, was one of the prosecutors of
the M•fesoluiss.

Mr, Seal lett Own addressed the Triers. Ile stated that
the question wits, wlict..er Mr. liarrutt, the Stiehl!' of
London, was one of the Constitutional Association, and
%lather h, gave in that character a list of Special Jurors 1—
It a oold peel,,in, he sail that Aids:rump G.,rratt had (been
te member of the As►ueiatiosy but had a iihdrawn his name.
If he had embarked his money in the COllleru. he was still a
paitner, and engaged in the partheiship transactions. The
lear..ed counsel battled, that lie should prove Alderman Gar•
raft Ma, a member of the `Society, by the admission of their
U wn solicitor.

Mr. I),:venport, the defendant's attorney, said he went to
the Lrls NU Mice to 'hake inquiry who were the members
einnposin; the Constitutional Association, and Mr. Mur.ay,
the Solicitor fur the prorecutiuu, furni•lied hies with a liss
of the persons or subscribers of a bird" 141 ling theist-eke-
toe Constitutional Association. JOllll tintr.dt, F, q. Aldeit
Lunn, was one of the flumes ais en by Mr. Jlunay. Ile re.
ceibcd the list on the *Atli tit 5l •y lust and lie behoved John
Ciarittii at that twee to be our Li the Aldermen 01 the City of

Daniel R,berts,aid, he was well uryu,iuted with the per
1,011 111 A Idefilldll At. At the poll for the Sheri'''. the
Ja) utter MoJsuoinienday, Al.. Alderman 6./rratt Geelon'
iie had been u member of the toiniittilinnal Association,
tint he had cens.•d to belong to it. Toe Wednesday follow.
mg, in another ,peeelt he made on the hustings he retracted
that

The Lord Ostler Jastice asked the µ itness the words used
by A Idt rilluo (ia I t.
'l'he vbitness could not state chat was Paid. In conse
(pence of some debate ou the hinting!, he retracted the de-
Ciaratiiill etude ou the Monday preceding. 51r. (iirrsitt
Oa, at the heAd of the poll whro lteretracted bib declaration.

MI. Scarlett then meet tattled that the indictment was
found on tue Willi of May. '1 lie decimation made by Mr.
G. iiatl wa, in uu the day alter Mid.uwr. er day.
Mi. Gurney for the pm °seem too, said, the Sheriff certainly
tsar ml. tttt Molly one who rrtu tied the panel, and Mr. Sc.. richt
was e titled to object to the trial n of the panel, if the
$l4lllll could be made one of the prosecutors. The day after
atidsomitim day, Mr. 6ai tuts declared he heal reused 10 he
a tn• meter of the AihOrlilt iiiii and Mr. Gartatt was in court
to slate that he was not a nietuber of Asmciatiott.
Mr. ti.ir rut tits> then called.

Mr. Sculietl objected to his examination, on the ground
that lik u.l, 110 i 11 C1013111:1eIll 1111111'W, lac ohjtcli 4444 being
to the I etuni, of which be was the author, lie could not he
a looped to give evidetice on the suhj.lt t.
Gulavy submitted that this being n collateral issue, the
Sheila had no interest, stud stood in the situation of stay
oilier », mess.

Chic. Justice raid, as there was on authority on the
qut•.twu, the wirer wuy WWI to consider tile witness
Ili. examination It a. thciefure dispenied
with,

393

Mr. Sharp was then called. He was it prosecutor.
Mr. Scarlett objected to hiss as being a prosecumr ; but
the Judge elbowed bim to be examined.
The whores then deposed, that be was secretary to the
Association, and had been present at all the meetings. lu
May last Sheriff Gcrratt was ft memher. He ceased to Le
member long before he became Sheriff.
Croswestausioeil by Mr. Scarlett.
What are you, Mr. Sharp I—Honorary Secretary to the
C.lllxi it ut loam I Society.
Honourable Secretary to the Society I That is not your
esval business T-1 have no busiotss.
You lire on your fortune, Giro ?-1 live ou the means I
p isb•e4.4.
Were you ever in business T— Yes.

What?—ln the Nlstorbe,ter comfit trade.
How long sine I—fan year% ngo.
Is tint your only busmen.?.-Yes.
NeAer bad any other
You hat e het n two years a it hnut business ?—Yes.
Y... 1 say Alderman Garratt became a member of this
As•iii jai. by two coining a sul.r. liter 1— Yes.
And that he teased to be a member 1— Yes.
Hate You returned hunt hi, tonnes
Whet have you dons with it?—Tire motley went into the
gene's' land.
Arc you treasure' T—No.
VI hit is?—Alderman Atkins,
. . ._

W hat did Sou mean bs Pay lIIg he ceased to be a member
—I fete sed n lever, circulated with the mimes of the sub.
scribers, ailid bis IMMO war nit among the members,
Mr. Scarlett then addressed the Jury, observing that
his learned friend, Mr. Gurney, by calling Mr. Sharp.
hail sit etigt hened the defendant's case. He did not charge
Mr. Garrett with being a member of the Association, but
lie had supplied theist %hit funds. His capital had been
embarked in the undertaking, and the proceeding against
the defendant commenced whilst his funds were employed
—lie was a prosecutor.
The Lord Chief Justice summed np the evidence, and
left the Jurors to say whether Mr. Garrett was connected
with the pi osecntors at the time of striking the panel.
The Triers delivered their verdict, and found that Mr.
Garrett, at the time of striking the panel, was one of the
prot cent ors.
The Lord Chief Justice then directed, that further pro•
ceedings upon the prosecution by the Society, against the
defendant, be postponed, and the event of the issue de-
clared in the return of the proceedings in Nisi Prins.
Mr. Thelwall, oho was in Court to defend a prosecution
preferred by the Association, addressed the Judge, and
stated, that notwithstanding the decision just conic to, lie
should prefer going to trial, rather than remain with the
prosecution hanging over his head.
The Lord Chief Justice said, Mr. Thelwall might appear
to-morrow, and state whether lie meant to waive the oh-
jection taken by the other defendants, as in that vitae the
Jury might be appointed to try the cause.
Mr. 'fitelwall acceded to the suggestion, and is to de-
clare his intention after consulting with his legal adviser.
l'he King u. Benbuw, and another prosecution at the
suit of the Association, were called on pro forma, but were
postponed upon the same objections.
Mr. Murray paid the special jurors in every prosecu-
tion.