The National Register.
London, England, 1820-04-02 00:00:00

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Our Muff, tronltttution anb 31

SUNDAY, APRIL 2, Ma

overt acv of treason, and all the parties acting in aid of
such a purpose, are equally guilty. In this crime, the law
allows of no necessaries, for all parties so offending are
deemed principals.
Ilia Lordship having laid down the law as taceiinz high-
treason, next proceeded to define misprision, of treasou, as a
wilful concealment of any treason existing against his Ma-
jesty, but in order to constitute the guilt of this crime, by
which the party offentlinelturred the low of his estate and
property, and other heavy penalties, it was necessary lie
should actually know of tee treason existing, for mere hear •
say without further knowledge wound not expose him to
the penalties of cencenlmeist• But every loyal suhject
would feel it his daty to communicate to the next enagiArate
every thing which came to his kisowdlege respecting such
treason, in order that measures might be tuken to bring
to justice the parties concerned. His Loadsbip then pro-
ceeded to degue the laws as it affected the ether crimes
charged in these bills of indictment.—First, with respect
to the murder of Smithers, the Saw protected no house,
except a dwelling-house,, agamst the forcible entry of the
°dicers of jastice for the aporehntsion of parties charged
with felony ; but, in this rase it would appear that the
patties were assembled, not in a dwelling-house, hut in the
loft of a stable in ass obscure street, nod that the officers
upon their entry announced to the parties theobject of their
coming, and called upon them to surrender, which they
refused to do, and, as it was stated, fired (new pistols and
presented their weapons against those officers in resistance
to them, while in the execution of their duty. The law
considered this an act of unlawful resistance. y If any ma-
gistrate, or officer of justice, called upon the persons so
assembled to surrender theinselvestojustice. in any tone of
language that was audible and intelligible, and that the
parties refuse and resist by force, if any death shall accrue
in consequence of such resistance, it was murder in the eye
of the law. The next point respected the discharging of fire
arms against the several parties who were siding and assisting
in the apprehension of those men; Rod this act, by a Sta-
tute of his late Majesty (Lord Elleaborough't Act) made it a
capital offence for any one to shoot at, or wound any person
whatsoever in such manner, that if the parties so shot at or
wounded, should die, the offender might be convicted of
wilful murder. His Lordship concluded by desiring the
Jury to inquire, with the utmost calmness ;Rd deliberation,
into the nature and circuinstancejof the charges befere theta;
to distnisa from their minds all Impressions which might have
been made by previous rumours; and he had the fullest per-
suasion that their decisions would be governed by the dic-
tates of their own hearts and runsciences.
The Jury then retired to their room, and proceeded to
examine the witnesses..
After the witnesses had been sworn, the Judges
adjourned the Court till twelve o'clock the next day.
The Jury remained nearly an hour before they
called any of the witnesses before them. The first
examined was Mr. Bouchier, Solicitor for the Trea.
sury, and he was succeeded by Adams, whose dis-
closure, as to the conspiracy, has been of the most
minute description. The Chancellor of the Exche-
quer was in attendance as a witness. Firth (the
cowkeeper,) one of the prisoners in the house of
correction, is so much indisposed that little hope is
entertainexl of his recovery.
TULSDAY' MARCH 48.
The Chief Justices of the: King's Bench and tlar Commis
Pleas, and the Attorney and Solicitor Generals, took their
respective seats isi the Court soon after twelve o't lock. At
half-past two, ideGrand J ury entered with true bills for vs
treason tiesiiet Arthur This:lee-null, William Davidson,
Jailleti 1111.,, J. 'f. Itrunt, It. Titld, J. W. VS ilssei. J. I lac-
rios,s, It. liradleisii, J. S. Strauge. Ist, and it. C.
Cooper. T:ie hills for high treason against Abel ILsll and
H. Cooper were inured.
The l'inemisn 'lieu requested, in the name of the Grand
Jury, that li s Lordship a ould (permit his char,:e, delistred
y este' dav , to the grand inquest, to be primed.
The Lard Chief-Justice replied that every attention would
be given to their request, but that it was not convenient for
limn In areCIIC Li their desire at resent. He svissed to
o au It wills his brother Dallas, and the other Commission-
ers; but the gentlemen ut the Grand Jury might feel assumed
that their request %%mild be considered.
Ills Lordship 'heti expressed to the Attorney-General his
ish that the persons against whom true bills hud been found
iiii4ht have intinsal ens, without the trouble of coming into
Court, that their attoriiies and counsel would have ready
ess to them.
The Attorney-Green:l said he would attend to abet, and
see that every facility should be given to tbeir communication
with their iceal advisers
MARCH 29.
-

This morning, at twelve o'clock, the Court was
opened, pursuant to adjournment from Toe:Ably.—
Chief Justice ALbott alone took his scat on the
Bench ; the Law Officers, several Magistrates, and
a few spectators were also present. Immediately
after, proclamation being made in the usual terms,
the Grand Jury entered, and delivered the remain-
ing bills which had been laid befiire them to the
Clerk, who stated the result of their investigation to
be as follows :
True bills tot murder tound against A. Thistle-
wood, J. T. Brunt, It. Tydd, J. W. Wilson, J
Harrison, J. S. Stiange.
The bins flir murder not found as to W. Davison,
i. Ings, R. l3radburn, A. Hall, R. George, J. Gil-
christ, C. Curler..