The National Register.
London, England, 1820-05-22 00:00:00

THE NATIONAL REGISTER.

no notice, and therefore we were unprepared to confute.
If your Lordships think the affidavit inadniissible, I will
not press it for one moment.
Chief Justice.—We are anxious to receive whatever
ought to be received, and to open the doors of justice as
widens possible; hut we must not establish a precedent
which may be dangerous in other cases..
The disputed affidavit was again handed up, and some
difference of opinion seemed to occupy the Bench. The
Lord Chief Justice at length asked Mr. limit what part
I of Chadwick's evidence he wished by this affidavit to
impeach?
Mr. Hunt.—My Lora, Chadwick stated that he at-
tended me from titockport to Manchester, and that I
invited the people to cheer. Now the affidavits are sworn
to by persons who accompanied me all the way, and they
deny the circumstance.
Jnstice Bayley.-t-That does not appear from the affi-
davit.
Mr. Hunt.---It says, my Lord, that if it had occurred
they must have heard it.
After some further discussion, during which pan of
Chadwict's evidence was read,
The Lord Chief Justice said, that as the parties now
before the Court appeared to receive judgment, their
affidavits ought to confine themselves to facts, which
might go in mitigation of puitishment. The reason of
the deponent was not stated, nor had they any opportu-
nity of ascertaining them, and it did appear to him a •
most dangerous course to admit affidavits tending to im-
peach the character of a witness, when defendants were
brought up for judgment.—The affidavit was ultimately
!ejected.
After the affidavits have been read, the defendants
severally addressed the Court in mitigation .of punish-
ment. Mr. Hunt spoke at considerable length, and
with great ability. He took a general review not only of
what passed at the Manchester meeting, bat what pre-
ceded it. He related ninny horrid particulate of the
conduct of the Manchester Yeomanry, and he concluded
by saying, " Let the Court address its attention to the
conduct of the Manchester magistrates. Of all the
popular meetings which had ever been called—of all
those assemblies which Mr. Burke had emphatically
termed' the safety valves' of the state—of all those meet-
ings which had met undisturbed, and from which no
evil consequences had resulted—none had been called
with so much caution, with so touch attention to regu-
larity and to legal notice, as this meeting of the 16th of
August. The magistrates had every reason to believe
that the conduct of that, meeting would be peaceable;
they knew that there was no existing law by which
that meeting could be prevented ; they knew that acts of
parliament were preparing for that purpose; but they
were too bold to wait for the assistance of those powers,
and resolved at once to seal those ' safety valves' with
the blood of the reforinerso What had the reformers
done to deserve this treatment? They had said, We
are working like slaves, and we are starving when we
have done. We labour thirteen hours a day; and, though
we live on oatmeal and water, we cannot get enough of
that to support our wives and children. We have been
told to watt patiently; but we are five years in peace,
and our burdens are unabated. We are tired of these
miseries, and we will meet together: We think that
there is one great cause of all our grievances; we think
that a free representation in the House of Commons
would alleviate our burdens; we will lay our case before
our Prince, and before parliament; we will call upon
them to take off some of those enormous sums which are
paid to the officers of government, sometimes for doing
nothing, sometimes for doing worse than nothing. We
will do all this, but we will do it peaceably. "Phis was
the language of the reformers: how had it been answer-
ed? They were told, Your meeting is for an illegal
purpose.' They called another of a different nature.
bite requisition for that meeting was signed by seven
hundred persons ; their names and places of abode fully
given. Were those persons strangers? They had lived
and worked, some of them 20 and 25 years in the same
town, and seven years in the same dwelling. This was
' some evidence as to the character of such men, for they
' were poor men ; and if they committed any offence,
' they were speedily detected and punished, and sent
packing. They were not gentlemen , not like Mr. Hol-
ton of Holton; not men of property who might be
steeped to the lips in infamy and crime, and yet live
unmolested and undisturbed in their mansions, who
were above the reach of being driven front their homes
or front society.
The Attorney General and Mr. Scarlett, on the part
of the prosecution, then answered the leading matter
introduced by the defendants, and called for the severity
of the Court.
Mr. Justice Bayley, after making strong observations
on the mischievous intentions of the defendants, deli-
! vered the verdict of the Court, which was, that Henry
Hunt be imprisoned two years and six mouths in Itches-
ter Gaol, and enter into sureties for five years, himself in
1,0001. and two others in 5001. each. The other defen-
dants were sentenced to be imprisoned one year in Lin-
coln Gaol, and to find sureties for five year., them elves
in tool. and ivvet others in VOI. each.
At the conclusion of the judgment Mr. Hunt asked
if he was to be placed in solitary confinement.
The Chief Justice said, the Court had made no order
for solitary confinement. The defendants would be in
the usual custody, and if the parties should have any
just pretence for complaint, the Court would hear It. •
The parties were ilien taken mot of Court in custody
of the officers. As they passed along the Hall toa coach,
the erowii, which was numerous, gave Mr. limn three
cheers. lie wore a smile, hut the sentence produced
upon him a strong expression of surprise.
THU ICING V. SIR C. WOLSELEY AND JOSEPH
HARRISON.

The defendants were next brought into Court to re-
ceive judgment.
Nlr. Justice Bayley delivered the sentence of the
Court. by which Sir C. Wolseley was sentenced to Ise
imprisoned IS tnOttthS in Abingdon Gaol, and at the

expiration alba' term, find sureties ior live )cars, I iiiii
in 1,0001. and two others in 5001. each.

Joseph Harrison was sentenced to he imprisoned in
Chester Gaol 18 months, to be computed front the expira-
tion of his present imprisonment, and to find sureties for
five years, himself in 3001. and two others in MI. each.
Sir C. Wulseley.—May I ask when I am to go to
A biligdon ?
The Chief Justice observed, that would depend on
the orders received by the officer who had him in custody.
The defendants were then taken out of Court —Term
ended.

COURT OF KING'S BENCH, TuesDAv MAY Is
Sluing: after Term.
TEASDALE V. CLEMENTS.

This was an action against the Proprietor of "The
Observer" newspaper, for having inserted a libel in that
Paper, reflecting on the character of the plaintiff.
From the evidence it appeared, that the plaintiff is
Constable of St. Pancras parish. On the 3d of October
he was going his rounds, accompanied by another consta.
hie named Smith, about six o'clock in the morning, whet',
in ;he New-road, near Brunswick-square, they saw two
men before them, carrying a basket. Their manner
excited suspicion, and they pursued and stopped them.
On searching their basket, they found a dead body. They
secured the men and their burthen, and took them Wine
the late Mr. Leach, the Magistrate, when they underwent
an examination, and were detained the misdemeanour.
They refused to tell where they got the body from, and
Mr. Leach directed them to apply to some surgeon, and
inquire if the body would be useful for dissection. They
accordingly applied to the surgeons at St. Thomas's Hos-
pital, and left word with the porter, the house surgeon
not being at home, that they had a hotly in their posses-
sion, and an account of the manner in which it came into
their possession. In the course of the day the surgeons
sent their porter for the body, end gave the plaintiff His.
to be divided between himself, Smith, and the watch-house
keeper, as a remuneration for their trouble.
On the following Sunday, an account of this transaction
appeared in The Observer, in which account it was stated,
that the plaintiff Teesdale was ordered by the Magistrate
to have the body interred, instead if which he took it to
Mr. Carpue, the surgeon, and offered it for sale, but Mr.
Carpne refused to purchase it, saying it was the property
of the men from whom the Constable had taken it.—The
plaintiff, it was alleged, then took the body to St. Thomas's
Hospital, anti there sold it; that the plaintiff had been
held to bail to answer for his conduct, at the Sessions.
Not a word of this latter part was true, and this was the
libel complained of, and for which the present action was
brought. The case having been proved,
Mr. Adolphus addressed the Jury on the part of the
defendant.

The Chief Justice slimmed up. and the Jury found a
verdict for the plaintiff—Damages 801.

THURSDAY, if AY IS.
REUSED AND WIPE, N. JOSEPH AND REORGE PAGE.
This was a case of assault. There were two re.
cords—the one charging an assault upon the plaintiff's
wife, to which the plaintiff himself was of necessity a
party; the other charging an assault committed upon the
plaintiff alone. It was agreed, in order to save the
time of the Court, that the two actions should be tried

together.
Mr. Gurney, on the part of the plaintiff, stated his
case as one of peculiar hardship. His client, the
learned Counsel said, was an industrious pains-taking
hawker, who obtained his living by vending his com-
modities at fairs; and the defendants were gentlemen of
property, residing at St. Alban's. It happened that,
upon the 26th of March 1819, the plaintiff and his
wife were attending the fair of St. Alban's; and upon
the morning of that day, which was the last of the
fair, were peaceably packing up their wares, in order
to their no less peaceable departure, when the two de.
fedants, who were wont from time to time to amuse
the inhabitants of the town with a row, thought fit to
make these poor persons the subjects of their dexterity.
Those gentlemen, upon pretence of dealing, came to
the booth of the plaintiff ; but, instead of making pur-
chases, by their beastly observations they indecently in-
sulted and assaulted the wife, and proceeded, by way of
satisfaction, to heat the husband for interfering. Daring
a period of nearly three hours the defendants continued
to annoy and ill-treat the plaintiff and his wife; they
broke down the booth, and endangered the loss of the
1 goods • and when the subjects of their sport retreated to
an adjoining house, they followed them thither, and
threatened their lives. Ihe Jury would naturally sup-
pose that some attempts to protect theinselve had been
made by the plaintilii. Such attempts had been made.
Mr. Gelden said to one of the defendants, " I will
complain to the Mayor." " Then you must complain
to me," answered the assailant, " for I am the Mayor,
at least I was Mayor last year." A constable was call-
ed, " but he dated not touch Mr. Gape." The gen-
tlemen, the learned Counsel believed, had the excuse
of intoxication for their conduct; but if a man behaved
ill when he was drunk, he must pay for it when he was
sober. The present action had not been brought until
very moderate recompense had been refused ; and it was
to be hoped that the Jury, in giving heavy damages to
the plaintiffs, would at the came time give a valuable
lesson to the defendants.
A number of witnesses were then called, who fully
made out the case as stated by. Mr. Gurney.
The Lord Chief Justice, in summing up, informed
the Jury that they must find distinct verdicts upon each
action. The second verdict, however, would, he thought,
depend in a great measure upon the first. In causes of
the present descriptiaili great consistency of evidence
could not be expected: the matter indeed, in itself, was
a scene of confusion: he thought, however, that there
was at least as much consistency in the plaintiff's case
as had appeared in that of the defendants.
The Jury found for the plaintiff in •oth the actions,
with tool. damages upon the first, nil 501. upon the
second.

A library is advertised to be sold wholesale in a
provincial paper, consisting of " several feel square
of handsomely bound books, which are as good al
new) never having been used."