The National Register.
London, England, 1818-02-02 00:00:00

FEB. 1.

SUSPENSION td the HABEAS CORPUS.ACT:

COURT OF KING'S BENCH, SATURDAY, SA.x. 44.

About three o'clock Lord Ellenborough intimated that he
had been informed that there were some persons in Court de..
siren's of making motions; if so, he would hear them then.
A man of decent appearance, dressed in black, with hi►
hair powdered, then rose, and said he had a motion to make.
He was not prepared yesterday. He had not money enough
to throw away ten pounds in employing others to represent
his intere►ts. He wrote to Lord Sideuunth, to consult hint
how he was to act; but his Lordship declined an interview►
with hulk Ile had applied to his Lordship (Ellenborough)
with the same view,. but his Lordship had said, that he was.
not a costusellor ; that it war not his duty to give advice, bat
to sit as a judge. Under these circumstances, he had again.
to present himself to their Lordships• notice.
Lord Ellenhorongls.—We cannot listen to the interlocutory
speeches from every individual who may think proper to ad..
dress us. What is the motion yon have to make ?
The persunia rpiestian. —My Lord, I beg leave to move,
either that L may lse discharged from the recognizances fete
which I have bees forced to eater, or that I may be brought
to trial forthwith.

Lord Ellen boron gh.—On what ground do you move to have
your recognisance* discharged
[The Attorney General at this moment entered the Court.]
Lord Elienborough now a►ked the name of the person who
addressed him.

The man answered, John Johnson.
Lord Ellenborough.—ls there any recognisance of John
Johnson before the Court?
Mr. I)ealtry, Clerk of the Crown Office, looked among his
papers, and answered iu the affirtnative.
Lord Ellenborangh.—Kead the recognisance.
Mr. Dealt ry theta read the recognisance, which waft taken
before E. T. Lyon, Esq. at the Castle of Exeter, cad bound
the defendant, John Johnson, under a penalty of 100 L to aft-
pear in his Majesty's Court of King's Beech on the first day of
the present term, to answer all and every thing which Watt
he alleged against him, and there to attend from day to day
until diseltat ged.
Lord Ellenburough.—Now what have you to object to this
recognizance?
Mr. Jolanson.—l wish to state the circumstances under
which my imprisonment took plate. I have prepared an af.
Idavit on the subject, which I ant desirous your Lordship
should hear read. . . .

....
Lord Ellenborough.-1 yesterday captained that there was
no occasion for the parties under recognizance to attend till
further called on. . .

.........
Mr. Johnson.—l call on you to read my case, which is stated!
in the. affidavit I hold in my hand.
Lord Ellenborongli.—What object is to be derived from
hearing the affidavit?
Mr. Jobeison.--The object which I have in view is to have
my recognizalices cancelled, or to be hrought to trial as suca
as convenient. Ido not mean to be impoi innate.
Lord Ellenborough.—lt must appear that we have a right
to cancel your recognizance before it can he. dime. As toy
bringing on to trial, t ha' is not in our power.
Mr. Johnson.- I pi esume you still give lilt :v decided answer.
Mr. Justice sou show us ;toy grounds upon
which we shall be authorised in drawing tlse conclusion that
the recognizance into which you have entered ought not to
have been taken? _

~„...-......
Mr. Jobwon.—l do not pretend to say that there are any

such grounds.
Lord Ellenborough.—Then you arc in no condition to make
this motion. Unless you can show us that your recogaizatice
has been illegally 'alien, we have nu n iglu to disturb it. We
cannot have the time of the Court thus wasted.
Mr. Johnson.—The object which 1 am desitous of obtain-
ing is of vast impos twice to me.
Mr. Justice liayley.--Yesur application is confined to twO
things :—first, that you should be briniest to trial forthwith,
To this you have reeeived for answer that theoConrt has not
the power to bring you to trial. The second thing for which
you apply is to be discharged from your recognizance, and
'won this your answer has been equally cyplicit; There is
no ground upon which the Court eau comply With this re-
quest, unless you can svtisty us that your recognizance has
beets illegally obtained from you. you say your affidavit
does tint go to show that there has teems at illegality in the
mode of taking your recognizance:, consequently we can
afford yon no redress.
Mr. JolillSO.J.—'Theo I must certainly beg of the Court
(as I shall remain in town, and be its attendance from day to
day. as toy recognizance requires) to allow me the means of
sumo ting my- sell. It would not by prodent of me to return
to,nigi family, and still to have this recognizance held ever my
head. It is my decided uish, if my recognizance can't be
dischaiged, that Ibe brought to trival. Las the Otte' nil, 1 hope
your Lordships will afford me the, means of living cuitiforta-
' hly. Your Lordships will not think this request unreasonable.
Lord Elletiboi ()min.—Vent application, if not UnteilSoll4-
41e, is certainly an extraurdinady one. Ihe Court have no
power to comply with your desire.
Mr. Johnson.—Theo your Lordship means to nay that you
refuse to grant any one ut any applications?
Lord Ellenbormigh.—l mean to say whist I have said.
The Attorney General now addressed the Court as fol-
lows:—" My Louis, 1 had no 'wave whatever of any such
motions as those which you have heard being about to be
made this day, save what I &lived from the ordinary chau-
lids of public iatformistion, in which I saw reported that which
occurred yesterday. Its consequence of what 1 thus collect-
ed, I felt it my duty to attend here and to state, that I have
every reason to believe the gentleman who has beets making
these applications hail notice before lie left Manchester that
his attendance in Court would not be required."
Lord Ellenborougli.—Then the inconvenience and ex-
pense of being absent frotn his family, is attributable to
himself? _ .

'flee Attorney General.—So I believe ; and I believe that
every other gentleman who entered into recogiiihmices under
similar circuilwances received *like ColllllllllllCitlion.
Mr. Johnsuit.-1 do not mean to deny that.
Lord Elleubmough.—'Theo dime is an end of this business.
Mr. Johns/in.—But I wish to state the nature of the notice
Which I rec. ived.
Loath Ellenhurosigh.—Really the time of the Court, which
belongs to other Noutors, ratolot he thus troika %,ith. We
have iii aid your motion, and have giseii you the uhiy answer
.st it hieh it is MIACI plibly.
~.0191ifison.—Tlieo I a tirruse I must submit to the comic.
&Invitees.
'll4 her
persons, named Johu Roberts and Samuel
Brown, t ade *tinnier motions, which were reject,d. Other
persons sere prepared to bear the sitax .:,.mr!t, ::..:he Lc art
would net Lear thew.