The National Register.
London, England, 1821-06-03 00:00:00

THE NATIONAL REGISTER

allied to the Royal Family for which he professed so
devoted an attachment. The learned Judge in con-
clusion %aid, that the Court had taken seriously into its
consideration the very strong recommendation of the
Jury, who must have known the defendant's character
in his neighbourhood, and that that recommendation
had materially weighed with them hi pronouncing their
judgment, which was—that the defendant should be
imprisoned in the county jail of Devon, at Exeter, for
the space of eight calendar months, and that at the
expiration of that term he should give sureties to keep
the peace for three years, himself to 5001. and two suffi-
cient sureties in 2501. each.
The defendant then withdrew, in the custody of the
tipsta(Y of the Court of King's Bench.
THE JUNO V. BELL AND OTHERS.
Mr. Scarlett said, in this case a rule for a criminal
information for a libel had been obtained against The
Times newspaper. He had now to skew cause against
that rule. The libel was contained in an account,
published in that paper, relating to the proceedings at
a public meeting in Denbighshire, which cast some reflec-
tion on the character of the individual who was prose-
cutor in the present case. The defeudatits acknowledged
that the article, which was the subject of proaecution,
was unfounded; but the fact was, the defendants re-
ceived it from a correspondeut, and believed it correct.
As soon as they discovered their error, they took every
means in their power to trace out the person who had
thus deceived them, but without success. They were
now anxious to express their regret that they should in-
advertently hate been guilty of this injustice towards the
prosecutor.
Mr. Sergeant Parke said, his clients were ready to
accept this public explanation. All the object they had
in view was a justification of character. He was in-
structed to consent to the rule being discharged ou pay-
mem of costs.
The rule was accordingly discharged.
The Court disposed of several revenue cases, pronoun-
cing judgment on the affidavits.
REMOVAL OF PAUPRRS.—THE BING V. THE INBAIII.

TANTS OF LEEDS.
This was an application to the judges to set aside the
decision of the court of sessions which quashed the order
of the magistrates for removing a pauper from Leeds to
Scotland, where lie was settled. The question arose on
the power vested in justices of the peace to remove four
persons from one part of the kingdom to another. It
appeared that a Scotcliman, with his wile and children,
had become chargeable on tile parish of Alverdiston,
Leeds, and the magistrates, under the act of parliament,
which empowers them to remove persons born in Scot!
land, Ireland, and the Isle of Man, to those place!
respectively with their children chargeable on parishes,
made an order of removal of the lather, a Scotchutan, in
this case, to Scotland, leaving the mother and children,
who had obtained by birth a settlement in the parish.
On appeal to the sessions the order was quashed.
Alter arguments pro a con, the Lord Citief Justice
lamented the necessity which the court had been under,
upon sonic occasions, of saying the wife might be sent
to one place and the husband to another. In the presc•to
case, without considering the former law of settlement,
it was impossible not to say the magistrates had the
power of sending the whole family together, and if so,
they ought not to exercise the compulsory mode of se-
paration. The decision of the court of sessions, quash-
ing the order of the magistrates fur separation of the
husband front the wife, and ought to stand. The other
judges were of the same opinion, and the order of the
court of sessions was affirmed.
FRIDAY, JUNE I.
THE KING V. CARTWRIGHT, WOOLER, &C.
At the re-commencement of this case to-clay, Mad-
docks stated to the Court that he would address a pew
words to their Lordships. Alter sonic introductory
words he was proceeding to "make some reflections out
the manner in which Special Juries were constituted.
when he was interrupted by the Court, and told that he
could not be allowed to make any observations of that
nature. He went on, but was again interrupted, and told
that he could not be permitted to asperse all the persons
who had been concerned in supporting the indicuttent.
If he had not any thing to offer in mitigation of punish-
ment, be had better be silent. The Court was oidi.ged
to interfere repeatedly, and the defendant then said, he
would pass over nearly all he had to say, as he found tie
should he should nut be allowed to speak freely. lie
then concluded by asking the Court, if they would
Cause him to be locked up for conduct which he could
justify on the principle that he had been only exercising
his benevolent feelings.
A person of the name of Mills attempted to address
the Court in the behalf or Lewis, who was then in pri-
son. The Court told hint that he could not be heard, as
the defendant was not before :.;e Court.
Mr. Denman addressed the Court in behalf of Major
Cartwright. He wished to spew that the Major had
taken but a vet y sown part in the proceedings fur w hien
he was now to tie punished. Besides, part of the offence
ch irged oti Wooler and ERllOll'l5 was what they had
publist:ed in their respective newspapers, am; conse-
quently the Major was not at all itnpl,cated iu that p.r
of the crime, lie then contended that the lucre act of
electing a legislatorial attorney was of itself no ofLiice.
If the defendauts merely assembled to petition fur a re-
dress of grievances ; and if they had in some degree
over-stretcned the proper bounds, their meeting with
good intentions ought to have its weight in
punishment. He then alluded to the publications of
the Major, and concluded by repeating ttiaLtltotigli no
abuses in the Legislature existed, if the parties met fur a
iminufide ;impose, they were justifiable. At all events
the criaracter and conouct of the Major were very dif-
ferent from those who were with hint. He hoped use
sentence of the Couit would bear a reference to the
Nlajor's particular case, and be fully in unison with the
prsociples of freedom. Great espressiutis of admiration
honoured the close of Mr. Deninan's speech.
Mr. lfoolsr tlicu aChllcalh.ci the coon at cOliSiderahic
lettoth.

IFS

The Solicitor-Ceneral then rose to reply in aggravation
of the offence. He was not desirous of pressing the
weight of punishment upon one more than the other of
the defendants. They were all implicated in the un-
constitutional act, which he expressed a hope might be
the last attempt ul the sort. Titere was every reason to
believe it would never again occupy public attention, or

come before the court. -
The court took a considerable time to deliberate on the
punishment to be passed on the defendants.
Mr. Justice Bayley then said, it was his painful duty
to pronounce the sentence of the Court. The charge 116
in the indictment was, that the defendants conspired to
raise discontent against the government, as by law
established, and to produce hatred and contempt of the
House of Commons. In pursuance of their object they
met to elect and appoint a person to be the representative
of the inhabitants of Birmingham in the Commons
Housg of Parliament. The learned Judge then adverted
to the evidence. it was proved that Major Cartwright
was not within the hearing of the resolutions. He
made no address on the olOect of the meeting but re-
turned thanks to them. 'I o judge of the conduct of all
the defendants, it was proper to look at their conduct.
Maddocks, Wooler, and Lahnonds made speeches, to
excite disinfection in the minds of the meeting, which
proved at their trial, the Jury found them guilty by a
conscientious verdict. The affidavit of Major Cart-
wright exhibited the feelings of an extremely good heart,
strong principles of religion, and of great attachment to
the country to which he belonged. He (the learned
Judge) lamented to see that upon one subject, and per-
haps upon only one, there was to a certain degree in the
mind of that gentleman a delusion, an unfortunate de-
lusion as to the rights of adult men to vote fur their own
representatives. The major's preference of imprison-
ment to tine was a preference which deserved to weigh,
and would weigh, with every well constituted mind;
but the court was bound to look at the major s age, and
to judge mole prudently than lie had done for I • self.—
The Court, taking all these circumstances into consider-
ation, did order and adjudgethat the defendant Ed-
monds should be imprisoned fur nine months; the
defendant Maddox, for eighteen ; and the defendant
Wooler, for fifteen months, in the jail of Warwick i to
find sureties fur their good behaviour during five years,
themselves in 4001. each, and two securities in 2001.
each :—the sentence of the Court upon Major Cart-
wright was—that he should pay a fine of 1001. to the
King, and be imprisoned until that fine was paid.
Major Cartwright paid the fine and left the court.—

The other delendauts were taken into the custody of the
Marshal of the King's Bench.
RIMMBR IP. SIR ROBERT PLAT, CLERE.
This was a nisi obtained by Mr. Denman to discharge
a cog,nouit, which the defendant, as he said, had unwit-
tingly signed. The affidavit upon which the rule was
grained was made by the defendant himself, and was to
the following effect :—that he hati received no consider-
ation from itimmer for the bill ; that un proceedings
being taken against him upon it in the year 1810, he had
sieved a !taper upon accidentally at the office of calling
Messrs Cooper and Lowe, the atturneysof Mr. Riuner,
which he did not know to be a copses* ; and that he
112ard no inure of the matter from toe year 1811 to the
year 1819, and that, if the cognonis was discharged,
he (deponent) bylined he had a pod defence to the
action..

The Solicitor General, in showing calm against the
rule, produced an affidavit from the plaintili Runnier,
swearing to the consideration given to the bill (tool.),
and accounting for the non insertion of it in his schedules,
by stating that it was in the hands of Messrs. Cooper
and Lowe, who had a lien upon it .(beyond its value
for the piyinetu of costs due to them. A second affidavit
fron► Messrs. Cooper and Lowe, set forth a letter written
by Mr. llantiam, the defendant's attorney, a kw days
before the signature of the corm& proposing that.cognu-
vit, and promising that his cheat siloald call to execute
it. The affidavit further stated that there was an affi-
davit upon the tiles of the court by which Sir Robert
Peat, in the year 1814, to exonerate his bail in the action
set up the eognavii which he had given.—(Sur Robert
having sworn that he heard nothing of the maim
be-
tween the years 1811 and 1819.) It conciiitled by
stating, as a reason for the delay in proceeding, that the
defendant had for a lung time been in prison, and that
for another long time he had been privileged as in the
suite of• a foreign ambassador.
The Court thought tic defendant's affidavit in 1814
decisive as to the nature of the else, and discharged toe
rule with costs.,

estraordisary Colyiagration—A great quantity
of clean straw being spread in the street before a
gentleman's house in Nottingham-street, St. Pan-
cras, to prevent the noise of carriages, on account of
the lady's illness, the fineness of Friday caused a
multitude of children to collect on the spot, who
amused themselves by tunthling and playing in the
straw, which from being laid down three ur four
days, was as dry as chaff: on a sudden the straw
caught tire (supposed to be caused from the sparks
of a pipe, where a woman sat smoking), and burnt
with such rapidity that several of the children were
severely scorched; some escaped with their little
frocks and pinafores ou tire, and one was: nearly
falling a victim to the clauses, from which it was
rescued by a hackney-coachman wrapping it up in
his great coat. The entire of the straw con-
sumed beibre the conflagration could be stopped; it
spread considerable alarm in the neighbourhood.
A ground rattan cane was presented at the last
meeting of the Aladras Literary S.,exty, .'216 feet
in length ; being 2.:; fact higher t:t.,.1 the monument
at Landon.


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