The National Register.
London, England, 1820-05-01 00:00:00

OBSER E'ER NEWSPAPER.

Before their Lordships left the bench,
The Attoinev-General begged to call their attention to
a subject which he had before brought to their notice....
Yesterday mornitig lie had tailed the attention of their
Lordships to the circumstance of a S lay newspaper
having violated their Lordships' older by publishing the
reports of the trials. At the time lie that mentioned
this subject he was not in a situation to submit any mo-
tion on it ; he had HOW an affidavit, which set forth the
purchase of the Observer newspaper front the servant of
the proprietor. Mr. Clement, on the 24th inst., at his
shop in the Strand. If his Lordship should have any
doubt that the publisher was in ignorance of the order
which was made, it would be removed by his reading
from the same paper the very order which had been given
to prevent the publication. [Here the learned gentleman
read the words of Lord Chief Justice Abbott, prohibit-
ing the publication of any of the trials until the whole of
them were over.] He then continued. Under these cir-
emnstances he felt it his duty to bring the matter to their
notice, as he considered it a most wilful and during vio-
lation of the order which their Lordships had, with the
most humane view, issued on the tirst flay of the trials.
The Lord Chief Baron.—Let the affidavit be read.
Mr. Shelton, the clerk of the arraigns. read the affida-
vits. The first was sworn to by two persons (we did Got
hear their names), who deposed that they had purchased
the Observer, at 169, Strand, 1 a servant of Mr. Cle-
ment's, whom they believed to be the publisher and pro-
prietor.
There was annexed to the Observe and a Supplement a
certified copy of an affidavit made by W.. 1. Clement. at the
Stamp-ntfiee, in Isl 6, in a hick lie stated himself to be the
sole publisher and proprietor of the Observer Sunday and
Monday newspaper,at 169, Strand.
The ATTOtt 8 EY-611NERA L now said, that this, accord-
tug to the act or parliament, went to prove that Alr.Cle-
ment was the prom loot. of the paper.
Lord Chief Baron IttcuaßOl (after consulting whit 'Mr.
Baron Garrow and Mr. Justice Itirhardsoo) said, the Court
think that nothibg can he more prejudicial than the pub-
lication of any part of those trials before the whole are
finished, and it is highly improper that this should be the
case after the order of the Court. Mr. Ationwy-General,
take an order to have the publisher appear hire on Friday
morning, at the sitting of the Court, to answer for los con-
duct.
The Court then adjourned at hulf-past 4 till 9 to-morrow
EDNESDAY, APRIL 96.
Davidson and Tidd were put to the Bar, to he tried
upon an Indictment precisely similar to those upon OftliCit
the other prisoners were convicted.
Mr. Gurney stated the case, and detailed the evidence,
as it was given on the last occasion.
The same witnesses were called, and there appeared
no change of any importance in their statements. The
saute ingenuity was displayed by the Counsel for the
.defence as on all the other trials.
At five o'clock the evidence for the prosecution having
been gone through, with the exception of the production
of the arms, combustibles, ht-., I he Court was adjourned.
THURSDAY, APRIL
The Court assembled this morning at the usual hour.
The arms, aminuoition, &C. seized upon the persons
of the conspirators, and in Marie respective depots, were
then fir,ugilt in and laid on the table.
Mr. Gurney declared the m 'deuce for the Crown to
he brought to a close.
Mr. Cut wood having concluded his address,
Mr. Adolphus called tile witnesses for the prisoners.
Mr. Barou Garrow then called on Davidson l.or his
detence.
Da% idson denied hi; guilt, and concluded by saying
he had been fifteen tin e.s exposed to clanger its behalf of
his beloved Kiug and Country, and after that he would
ask where was the probability of his attempting to sub-
vert the best of all Constitutions.
Tidd, his defence, laid most of his misfortunes to
his acquaintance with Brous, whom he had known
since about a month before Christmas. lie declared
most solemnly that he know nothi!ig about the Cabinet
(wilier, or the plot they had in cootemplation, and that
lie had not been in die staule ten minutes before the
officers Caine
Mr. Baron Garrow thin proeimded to sum tip. The
Jury retired for 40 minutes, and upon their return, at
half-past eight o'clock, the Foreman pronounced both
the prisoners Guilty on the third Count, with the exeer
don oldie eighth and tenth overt acts.
Tile prisoners immediately withdrew from the bar.—
Told looked around hint angrily.—Davifkoll al'Pejted
rather dwarfed than otherwise.
Mr. Curwood now applied to the Court in behalf of
Wilson, who had, he said, before pleaded a itlistionicr,
and alierwards pleaded Not Guilty to the indictment for
High Treason. Learned Counsel now wished that
the Court would permit him to waltdraw his former picas
and plead Guilty to the High Treason.
The Attorrwy-Genetal said he could have no of mina.
Baron (Jarrow ordered him to he placed at the Bar, and
after admonishing him as to the nature of the course, he was

I

about to pursue, told him his plea could not have the slight-
effect in altering his sentence.
The prisoner, sit the suggestion of Mr. Harmer. his Soli
chor, withdrew his former plea, mid the plea of Guilty
was recorded.
r. Watford requested the same indulgence might be ex-
tended to the other prisoners:—John Harrison, Richard
Bradbuni, J oho Shaw Strange, Jas. Gilt hrist, and Charles
Cooper were then put to the bar.
Mr. Watford observed, that these five men had thought
proper to consult their best saterest, by throwing themselves
upon the mercy of the Crown, and pleadin4 Guilty, and he
hoped that his Majesty, upon a representation Of the cas
would he graciously pleased to pursue that path which his
late Royal and behoved father had dime, who, in his :award
of punishment had always conbidercti that the highest jewel
in his Crown, was mercy !
Mr. Broderick, made a similar, but still more impressive
appeal in behalf of the prisoners.
Mr. Baron Garrow observed, that lie could be under no
engagement, as to their future Of ultimate di•pos,.l. The
prisoners were then taken from the bar.
FRIDAY, APRIL 28.
SENTENCE OF THIsTLEw, I) AN D THE OTHER
CONSPIRATORS.
At an early hour this mm sung the Court was crowded
in every quarter. About o'clock the Judges entered,
and took their seals upon the Bench. Thee e were the
Lords Chief Justices of the Coot Is of King's Bend§ and
Common Pleas, the Chief Baron of the Court of Exche-
quer, and Justices Richardson and Best. The poisoners
were immediately °tale' tat to the bar. They were
brought tip heavily ironed Mi. Shelton then demanded
of 'lltistlewood, what lie had to say why sentence of
death should not se passed against him Thistlewood
ediatoly commenced asmost violent hat isogon., in
which lie acknowledged that it was his bit ention to assas-
sinate die M mistets, but disclaimed any intentions to-
wards the King.
The saint question was then put to each of the prisoners
separately.
Davidson, Blunt, and Ings, severally addressed the
Court almost the wore terms as Thistle% mid had done.
Tidd spoke very briefly.
Those pi isoneis who had pleaded Guilty scarcely of-
fered any observation.
Gilchrist who was deeply affected, said, that lie had
served his COIIIIIry 14 years, and this was his recompense.
The whole ul the prisoners having been gone through,
silence was commanded iii Conti, and Clilet Justice Ab-
bott proceeded It pronounce the awful sent core of the
law. He did this in the following terms :—" Yon, Ar-
thur Thistle a nod, James Ings, John Thomas Brow, Rich.
Tidd, and etilliaw Da% idsoti. have been tried awl con-
victed of the offence of Ii rI. treason; of cow pi ring to
levy war against the King, in ea der to c pet loin to
change his measures and government. Yon, Richard
Brad burn, John Shaw Strange, James Gdclu ist, chalks
Cooper, and James Harrison, haying been charged with
the same offencr, have thought tit to withdraw your plea
of' Not Guilty, and to plead Guilty to the charge. It nisy
happen that the law against you may not be exercised to
its full extent ; but if this should be the case, you all
recollect that you are indebted for this clemency to the
mercy of the Con) t, and to the mercy of those very persons
against whose lives your designs were directed. It how
only semains foc Inc to pronounce the sentence of the law,
which is, that you be drawn on a hurdle to the place of
execution, and there be hanged by the neck until you are
dead, and that your heads he then struck off, and your
bodies divided into four quartets, to be disposed of as the
King shall direct.
Dining the whole of this painfid yet interesting scene,
the uteslo,t htleisee was preserved in Court, and each per-
son appeared deeply to commiserate the situattion of the
unfortunate pi isomers.
The prisoners were immediately removed from the bar.

As soon us the above proceedings were terminated, the
Attotnrs_G• weal cubed the anemone of the Court to the
alleged cont. aipt of Mr. Clement, the proprietor of" The
Observer" newspaper. On a previous occasion, the Court
had ordered that Mr. Clement should appear this morning.
Mis name was accordingly cant d upon, but Inc did not ap-
pear. Aii alb eav it, imp Mg the service of a copy of the
tenter of Ile Court was then read.
""lieJuel4es then consulted together for some time, and
the Chief-Justice Abbott pronounced the opinion of the
Court 11.- observed, that no one could doubt that the pub-
lication t omplain if of had tended to dustier!) the course
justice. It wa- extremely itecessar) thai the persosis who
Came to i;ive evudeue.• oil either side. should come n Hit l heir
ininds uninfluenced, if possible, by the evidence previously
given. Tie Court le.id Omagh( it right, befere the trials
Commenced, to moldhil, ill the plaillcA ferias, the Minn-
Cation ut ails pert ut them. Tits- ender had beefs :till. al ea
h) the new spapr is, with the exception of " Toe
Observer," Tlu• mow Seim woos, therefor.., have been
stimulated Its the desire of es tram iliurry profits, to th.
prejudice of those pope's which had very pauper') c ple d
with the• or. ens of the Court. Being called upon to
state what hr had 1.• mge iu justificaeloo of his conduct,
Mr. Cloven' lead not appealed. By this Conduct lie had
saved hens. II 1.1
appeared, Ilse tom I mould have awarded; but h P. 00111
not save himself from another species of pintsaltsin nt, which
It is 11l the power 111 the Lipari to inflict. Linder all these
ircuinsianccs, therefore, it es lite judgment of the Cout e,
that 11r. Clement do pa) to the hilt;; n 4ue 01 5001.

LAW REPORT.

COURT OF KING'S BEISCII, APRIL 24.

- -
• The COWL was nitwit crow.ad hos ittorning, in con-
sequence of a general expecta,:on moat I)einitan
would apply to the Court tor a tow trial in the case oi
the Kw; v. Sir Flatten Burdett.—Sir F. Burdett and
Mt. flohliouse were pre-e nt.
Mr.l)eimiaii moved for a rule to show cause why the
verdict in this trial should not be set aside, and a new
trial granted. tie stated that he wade this applicalmi,
on Duce t-)(rounds—First, that there was no evidence it,go to the Jury of any publication of the letter in the
County of Leicester. Secondly, that Were was Ito eVI-
. dcmlCe of the defendant haviug caused or procured the
publication ; and tlindly, that the Judge, in tilt• charge
to the Jury, had assumed the publicalloll to he a libel,
instead of !cairn% it to the Jury. The Learned (*send('

THE NATIONAL REGISTER.

man urged the several points with great legal ability, and
In a perch remarkable for its eloquence.
The Lord Chief Justice, alter some consultation with
the other JuiLes, but in which Mr. Justice Best did not
take any part, observed to the Court, that at present it
did not appear to them that sufficient reasons had been
assigned lOr granting a new trial, but it required further
consideration.

Sir Francis Burdett and Mr. liolihouse immediately
left the Court, as did Sir Charles Wolseley.

MR. HUNT'S MOTION FOR A NEW TRIAL.
the doors of the Count were scarcely opened this
morning, when every part of the King's Bench was int-
enediately filled with persons anxious to hear Mr. Hunt
make his pr.sinised motion for a ucw trial, which was
ordered as the first case ; Lint owing to Mr. Pearson, Mr.
Hunt's solicito►, not hying in attendance, the case ut the
Earl ut Darnley against Hubert Eligh, Esq. occupied
the attention of the Court.
A few minutes before twelve o'clock Mr. Hunt entered
the Com t with a biter tie his banal, and his trial elegantly
hound, under his arm. Upon bowing to their Lordshir,
the rest of the defendants, Johnson, Healy, and
fold, wire railed, and appeared also on the floor with
Mr. Hoot ; when the latter addressed the Court in the
following words:—

"To move for a ink. to sliew can Why the verdict in
this rause should nut br set aside ; and vv-hy a verdict of
Not Guilty should not be entered to; the record ;or to
chew cause ally a new trial should not he wanted."
The 1.01 II Chief Justice.—Mr Hunt, von had better
state to the Court on what points you move for a new
trial, in order that each of them may receive a diiitinct
considet tiott.

Mi. Haut.—My Lon', the fuhl.wing are the points,
%%Inch ( will now lead to the Court:—

I. Afibapprehension of the Judge, for rejecting evi-
-1114.11(q. Olds Ought to have Oecto received

2. For atlmulaug e%ideure Ivllich ought to have been
ejected.
3. AI t.dirertiott of the Judge to the Jury.
4. That the Jury gave g verdict routtuty to the direc-
tion of the Judge... . . . . . .

Mr. 1111111 also alluded 10 certain Resolutions which had
been passed in Smithfield, hut being ddiniited like-
wise. in admitting evidence iu some instances which ought
not to have been received ; and in oilier cases, rejecting
of evidence %%111'1 e it should has e bet a heard, particislai ly
respecting the training at While moss.
The Lord Chief Justice.—Mr. Hunt, it would be im-
possible for the Conn to form ally tit till they bear
the whole of the evidence read ; and, therefore, the bet-
ter able to accomplish that circumstance, this motion
must stand over till next Monday. The parties will then
stand exactly as they do uuw, and possess the same
rights.
Mr. Scarlett here addressed the Court, observing, that
as he (Ir. Scarlett) was connected with ibis trial, lie
entreated the Court that lie might have the assistance of
the Attorney-tient:tat, and who was so occupied at the
present moment with his imperative ditties, that perhaps
it might be impossible fir that great Law ()Slicer to at-
tend on Monday next.
Lord ChiefJustiee.—%Well, Mr. Scarlett, that will
be seen ; and if such is the case, and good reasons are
assigned for it, another day may be appointed; but it
must stand for Monday at present.
Mr. Hiiiit.—l hope I shall hear the evidence read, as I.
have several iensarks to make upon it.

The Lord ChiefJustice.—Ceriainly.
Mr. Hunt.—My Lord, all of the parties are now here,
and it' your Lordship could appoint an earlier day,
it---
Lord ChicfJustice.—Mr.Hunt, I cannot alter the day;
it is impossible, it is never done. I cannot break through
the forms and regulations of the Court.—(This was said
by his Lordship with great courtesy and good humour.)—
Therefore, Mr. Hunt, you will observe, on Monday

Mr. Hunt.—Very well, m) Lord ; I am satisfied.
Mr. Hunt, and the other defendants, then bowed and
left the Court; the former was dressed in a blue coat,
buff waistcoat, black breeches, and black silk stockings,
and appeared in good health and spirits, and addressed
the Court with all the sang froid, as if he bad wont a
gown and wig, and hod practised at the bar for several
)ears. Ilamierd wore a %%bite hat.
Ga eat hers of persons were disappointed in not
gaining admittance into the Court.