The National Register.
London, England, 1820-03-27 00:00:00

MONDAY, MARCH 17, 1810.

Mr. Samuel Brooks was called, and examined
by Mr. Clarke. He stated that he lived at No.IOl, Strand,
London. He knew the defendant, and was acquainted
ith Ina hand-writing. On being shown the paper in
question, be said he believed it to he the hand-writing of
the defendant it came to him through the bands of Mr.
Bickerstetls, a professional gentleman; it was in an enve-
lope which hail been mislaid—he hadformerly looked for it,
but could not find it ; it was not sealed ; lie did not look
at the envelope to are whether it bad a post-mask on it ;
lie could not recollect the day he received it ; the mire
lope contained no directions to bum, but merely to Mr.
Birkeisteili. to pass it to him. When he received it, lie
sup posed that it was intended that he should publish it.
Ile sent It to several papers, and afterwards saw it in The
Aimee, but cold(' not recollect when. The letter was
dated the 224 of August, and he believed lie might receive

it a (lay or two afterwards.
Mr. Tooke,all attorney of London, was then called, and
proved the baud-writing of Sir Fa alleia Burdett to the en-
velope.
W. Simpkin, the keeper of the toll-gate, near Kirby,
being called, said, that be saw Sir Francis Burdett near
the gate on the 2211 of August last. The gate was about
1(M) yards from the house of Sir Francis Burdett. Hr saw
him again the billowing day about the same place. This
was in the comity of Leicester.
The witness having retired from the boa, was recalled,
and asked some question% by Sir Francis Burdett. He
did not know that Kirby faint was on the borders of se-
veral counties. He kuew That it was in the county of
Leicester.
Mr. Brooks was railed again, and said, that he had in-
serted the letter of Sir Francis But dett in several papers.
and among others the British Press. This paper was pro-
duced. When he sear the letter to the newspapers the
publication was left to their own discretion. 'they were,
not paid for It.
(Here this letter was read, and also that addressed to
Lord Sidinonth
Mr. Sergeant VAUGHAN stated that this was the case on
the pat t of the Crown.
Mr. l)gaarita then rose, and took a legal objection,
because the publication had not been surfleititily proved
to have taken place in Leicestershire; lie was supported
by Mr. Phillips, but
Nir.Justiee BEST over-ruled the ohject ion. adding, how-
ever, that its 'weight, in case of a verdict of godly, might
be argued before the Judges, ou a ;notion to set aside the
verdict•
Sir Francis Burdett, berme he proceeded to address
particularly to the Jury, t Minato It neces-
sary, in the first place, to return his thanks to the gels-
drown tt•t.., bad conducted the prma.eritiou on the part
of the Croon, for the liaildsonie manlier in which he
113(1 acted; and in any ole.ervations he should have to
make respecting ex-officio prosecutions, he begged it to
be'sitalerstood that he memo liens to :tinily to the nature
of the office, and tint to Milts iduals. Ile shoold, how-
laser, have been glad, had the Attorney General beet'
present himself, as it was always most pleas int to have
ilie person with whom one has to contend, face to I
Ihe must now obsetae, that be was placed iii a very pe-
culiar *lunation. It seemed t i be a doitht—a doubt even
some measure with his Lordship, wltetl.er be (eight
to be standing in that Coma mi the Kevin charge. This
would not hare been the case had the charge been
iiroiLlit by indictment lu•bire the Grand Jury of the
einnity where the public:Mint took place. lie should
Melt have been saved many unpleasant circitinsttinces,
and the iota would no: hate 'teen required to decide a
very 110511,11ni iptestimi of fact. Tim wool(' Hot 11.1%e
been the case had he beets tried at IVestiiiiiister, where
the offence, if there was any, Was committed. Circtitit-
Allier% of a s•ery extraordinary nature had occurred at
Nlanchester,on which he felt it to he his d.i to ailar- ss
his cons.itutems. Ois thobe eirettnia.ances lie 'Mann
a;•erwaxls have occasion to *peak. 'l•he letter lie
du- night it his duty to write hail been made the subject
.if au ea-officio information; and here he mum obwrt e,
titat the power of ex-officio inhumations hail crept into
practice in 3 manner contrary to the spirit of the COMB-
-1.11111111. They huh always been discouitt.avineell by the
greatest siatesitieti and the best imiges. Si. F. Winuiris-
toil and NI r. Justice Hale we:e decilledlt ag.tisst them. 1
lieeause they Yet re couirare to Malvin Ciboria :111111 ilie
.pint of (tie British laws and coustittit. . The Aiiiirttvy
general is called an officer of the Crown, hut he asserted
that he was the officer of Adiniiiit‘iratiosi, and • idling
else. The learned gentleman who acted there had given
various interpretations of parts of the letter, which, if
nietint to be tusiaied on, ought, in lairocsa to hull, la
have brew explaitted 39 •uducs iHthe iiithrueuuni.
The Attorney (;eiteral (he sp..ke of the 11.111 OT 01 the
()dice) Was a neraosi look lila aril fill prilefillelll.
SlleCeVti, he Luigi it Itc its-octl to sssss e the imdionient
ol• persona who hail willoe politiral nialiaiiity to er.ittlY
the Attorney Goice it was the creature (ii iii. brea h.
:hid cat:trial wide the frown oh a lltuist••r, pre.ent
was nut• Of the most xaudalnos abosea of ..t-••thrto
ininrinstions that mid ever motored. Ile should it ne
eapecual Mat, in COOllllOll filßllt'Ss would 1"
heat hate keit bralt.itt before a Grand .Ithy ; tor tag.
otfcio inform.* 1411101.00 M 111101 i 110 lirliteirle
be excu,trl,
except that of 041)1111:1,41.1:1y. lie would 011011 DlAlti,'Ll

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