The National Register.
London, England, 1821-02-11 00:00:00

THE NATIONAL REGISTER

doubt entertained by any one upon that subject. He had
to means of ohjeeting to the letter written to the jury,
and which appeared on the day ut the hon. defendant's
trial. When the hen. baronet in his passage through the
country heard of the bloody acts at ;Bain!tester, lie had
e:ery reason to believe uhat was narrated in the news-
[miters, which remained nocontradieted at the present
day. Whenman,it representative 111 parliament heard
ut such bloody deeds, was it tint his duty as a 111/11 and a
gentleman to express the sentiments lie had writtenl It
was incumbent 011 him to call .on the g,etilleinen of the
country to show that they were not insensible to the suit-
fPrings of their country. Wits a man writing upon such
au occasion to write coolly and with mathematical preci-
sion? Conld an Englishman and a friend to reform write
in any other way The quotation trout Shakespear, of
bloody Nero's, was forced, as it were, from hint. The
tact was, that some were slaughtered, others wounded.—
'flee father found his sou dead, the sister her brother, and
the mother her sou, weltering in his blood. Mr. Denman
cited the account which appeared in the papers describ-
ing the awful scene. It weul on to impute to the rotor-
mere cowardice, rather than violence on that occasion..—
What could be said of those who could induce their Sove-
reign to return thanks? If the honourable baronet had
spoken of such transactions with calm composure au/
impotent language, it would have given a sanction to the
act. When the thin should occupy the future consided
ration of posterity (and it was said there was no endea-
vour made by government to punish the authors of such
a calamity, and that punishment was imposed on him
whose objects were laudible) what would be the conclu-
sion? He would not compose the court could yield to
popular clinician.; but lie would :.sk, if this I.ad happened '
a manly ago, would they not censure the pruceeding ?
This reflection would perhaps induce them not to visit
with severity a man whose motives were good, bat whose
language had been warm. offence was simply Con-
fined to those expressions whims he did nut justify. In
sound legal discretion they should not have been allowed
to find the way to publication, but the court would not
admit that the expression of too much feeling, in calling
fur justice, 6110111 d be punished so as to cheek the best
feeling of the I an In:Aft.
Mr. Phillips, Mr. Blackburn, and Mr. Evans followed
on the saute side, and at veil ill strong terms that the
sentence of the Court ought to be lenient. Judge Black
stone had clearly laid dime the right of the people to
ineet for the purpose of petitioeisig, mail when that right
was violated, the honourable baronet addressed to his
countrymen and constituents the language of au honest
man.
The Attorney General stood there to ask thick Lord-
ships' judgment, after a verdict of a Jury had (wind the
defendant guilty of for utlence for which he stood iii that
Court. question before their lordships was, whether
the motives of the honourable defendant was good or bad 1
He had heard the uffidevits, and, giving credit to the de-
fendant for all lie offered, he was bound to 1111 [h
et,
however tad.,
however honest his feelings were, he must take care how
he expressed those feelings. The talents of the lion.
baronet should have made him more cautious I; was in
consequence of his high rank and influence that the libel
was inure likely to be mischievous. The Court would
calmly and dispassionately consider the whole case, and
while their sentence was free from vindictive feeling,
they should also take care the public should he pro-
tected.
The Solicitor General declined adding any observations
to those made by the Attorney General.
The Judges then deliberated near half an hour.
Mr. Justice Bayley then pronounced judgment. His
Lordship, addressing Sir F. Burdett, said it Wll6 his painful
and impleasaut duty, ill the simulate' be held, to pass 011 him
the sentence, which, ufter a careful consideration of all the
circumstances, the court felt themselves called upon to pins.
It happened In the course of the proceediugs mule variance
of opinion had happetted, which differetices had been alluded
to this day. It win, however, a difference of a technical
description, namely, whether there was a proof of the
publication in the County of Leicester? There could, how-
ever, have been no doubt, if the Court had granted a new
trial, other evidence might have been found tit shew it was
circulated in the county, and that would in law have been a
publication. In the letter to Lord Sichnonth the defendant
admitted himself to be the author, and that being the case,
it was fur the court to say what was a proper punishment for
a libel of this mature and character. It was impossible to
say it hat was the exact state of the public mind at the time
the letter was written, with relation to the facts on which
the libel wits founded. It was, however, founded on facts
of which the writer was ignorant, but written under great
excitement. Coming from a member of Parliament, n luau
of rank and character, as it did, the letter most have in-
creased that excitement. True it was that the letter was
written (as indeed from its style is apparent) in great haste,
and under the influence of highly excited feelings. The
honourable defendant had just, as he himself had slated)
read in sonic newspapers a statement, which represented
that men, women, and children, peaceably assembled, had
been cut down by au armed force in cesld blood. God forbid
that in this country any mall should read such a staleinent
as this without horror and indignation. Bill the huouurable
defendant should have recollected, that he had no right to
assume the facts to have bent so from the statements in the
newspaper.—lle should also have known, that the crime
which excited his indignatiou was the highest known to the
laws, and the proof of which would reach the life of the
party of parties committing it. The hon. Baronet should,
therefore have borne in mind, on so important and soteinu
Illloccasion, that the law secured for every snail, whatever
were his crime, a cool and impartial trial; and that to ex-
cite the public mind while yet the party was open to the
tribunals of the law, was to disseminate a prejudiceproct
every
which it was the especial object of the law to protect
individual. The hou. Burunet had also assumed, without the
smallest proof, that the Goveninient was a Ipremiditating
party to the outrage au which he made so wrong a comment.
The Court taking lutes consideratiou all the circumstances
of the (the, did order and adjudge—That the defendant,
Sir Francis Burdett, for this ofkuce, do pay a fine of 20006
and that he be suit ied iu the custody of the Marshal of
the Marshalsea, for the term of three calendar mouths, and
remain ham 6usied till the due is paid.
The sentence was received (no doubt from it, comparative
mildness) with luud demonstrations of app dose, which
called forth the repreliensiou of the Court.
Honourable Baronet was congratulated by his
friends who were ill Court, among when', in addition to
the names we. have before mentioned, were Mr. Lambi on,
Sir Robert ikon, Mr. Bennett, and several other Aleut-
hers of Parliameut. Oa a back seat, behiud the Couusel,
we observed Mi. H. Sumner.

The sentence way received without the walls of the
Court by acclamations from an immense concuurce of the
people, who were waiting in expectation of the appear-
ance or ~r Francis.
sums after the Sentence the Hon. Bart. drove off with
the tipstaff and Mr. Hohhoure, in a hackney-coach, over
Westminster-bridge, to the King's Bench.
IItZDAY, revs. 9.
FORGERY OF COUNSEL'S SIGNATURES.

IN THS NATTER OP ARTNSAIf WATTS, DINT.
Mr. Jessopp on a former day obtained a rule to shew
cause, why this gentleman, an Attorney of the Court,
should not answer the matters of an affidavit, why he
should not be struck off the rolls, on the alleged ground
of`his liaising forged the 114111 C of counsel to :pleas and
other proceediligs requiring the signature of a gentleman
at the bar, and thereby putting the fees due thereoli into
his own pocket. The learned counsel now prayed that
the rule might be made absolute, on an atlidai it of ser-
vice, no cause being shown.
Mr. Justice Holroyd (the only Judge in Conn) slid,
that as the first part of the rule was of t crimmil nature,
it was better to make that part of it absolute ? Lot his
Lordship ordered that part which prayed that the party
might he struck off the rolls, should be carried into de
effect; and tire rule was absolute accordingly.
We understand this species of fraud has been com-
mitted :twit extensively by some unworthy isteniberr of
the profession ; and in order to its detection and punish-
ment, it is intended to issue trout the roll office, at the
end of each term, a printed list of pleas, purporting to be
signed by counsel, for the purpose of ascettaining the
genuine front the forged signatures.
THE KING V. HARPER, EDWARDS, AND OTHERS.
TOIS was a rule calling on the defendants to strew
Cause why a criminal information should not be tiled
against theist for the writing and circulating certain
placards, in the town of Sitinall, libelling die character
of r. Brown, an attorney of that town.
The Court asked if the defendants were willing to
pay the costs of this application.
After some discussion, the Court ordered the rule to
be discharged, an payment of costs, or made absolute,
:as the defendants pleased.

LIBEL AGAINST THE QUEEN.
When the Court met this morning, Mr. Parke applied
to the Court to have the Rule enlarged which was ob-
tained by Mr. Brougham, on Saturday last, against the
Rev. R. Blascow, M. A. for a Sermon he preached at
St. Mark's Courch, Liverpool.
Mr. Justice Bayley directed Mr. Parke to cousult whit
Mr. Brougham, who was nut in Court, and mention
his application a:lain.

PRICE OA
Bank Stork
9 per Cent. Red. 73
3 per Cent. Consols 72j
34 per Cent.
4 per Cent. 914
5 per Cent. Na.y 106 E
Lung Autt. 181

'STOCKS.
0010111110 0.
Imp. 3 per Cent. 7CI
India Bonds
ludic Stuck V%
Exchequer lidl4 Os. di,.
Cups. fur At.. 72
Lottery Tickets £23 Is..

;RANGE, FEB. 9.
Seville, 3-65ibraltar, 30i
Leghorn, SOl—Genoa, 43;
Malta, 45—Venice, 27 GO
Naples, 38i—Lisbon, 491
Oporto, sJ—lialdr, 58
Rio Janeiro, .50
Palermo, 113
Dublin, 8 per cent.
Cork, 8 per cent.
Foreign gold in bars,3l. lis.
told. per oz.
New Doubloons,
New Dollars, Ss. 104t1.
Silver in bars, standard, 4s.
Ilid.