The National Register.
London, England, 1821-06-11 00:00:00

TIIE NATIONAL REGISTER

THE DEFMINCE.

West, on being call;iitipoii,dtel.tred he was in ise.cent.
Beers made a similar declaratiomand they Wilt explained
some cocumstances stated iii evide.:ce.—The two Ri-
chardson: and Williams contented I ilellibek es with a
general declaration of innocence. tVelister said he Was
at home, sitting up with his lather in law, who died on
the night of the affair at theme Bay.
A number of respectable persons posi.vely contra-
dicted the evidence of the approvers, and the prisoners
received very good characters.
Mr. Justice 13ayley commenced summing ti the et i-
dence at a (planter betine seven o'clock, and fitiiiiished
at half-past nine o'clock. The learned judge, iii coo-
clusit ni, said, with great heel og—" Gentlemen, we hate
now arrived nearly at the conclusioa of ii most nos.
tnenimis case, and I have endeavoured to the best of my
ahiiity to lay the facts before you in the clearest manner.
It has seliMin been my task to preside upon a trial of
higher importance than the present; important, both as
it re,laids to tile interests of the public and the welfare
of tile prisoners at the bar. In your consideration of the
case you will remember, that according to the testimony
of unimpeachable witnesses, a very wicked outrage has
bet commuted, and a gentleman Who W.V. in the exer-
cise of a duty whicit he was hound to perform, has come
to his death by a lawless band; butt, on the other hand,
you will also recollect, that the Ines of the six men at
the bar are at stake upon your verdict, and unless you
snail be of opinion that the evidence is so clear as to
produce in your minds a certain convictioil of their guilt,
you will give them the full benefits of your doubts, and
return a verdict of acqiiitt;:l. With reference to tins
part of the case, I cannot no strongly call to your recol-
lection the extraordinary good character the prisoners
hive received. C.:Piano:kr, however, gentlemen, ought
not to weigh against bets; if you are satisfied with the
evidence that has been adduced, you are bound in justice
to the puralic, and by your owls oaisis, to pronounce a
verdict of guilty; if you are not perfectly satisfied, then
you will take character into your consideration, and let
it operate pervert fully in favour of the prisoners. Gen-
tlemen, I will now leave the case in your hands, am-
yl:iced that you will come to a dispassionate conclusion,
and that you will etii your duty Win to the prisoners and
to your country."

A pause of some minutes ensued after the learned
judge had concluded his admirable charge, and the ,jury
then reined, and were absent about 20 minutes. VI hen
they rammed into court the most breathless, anxiety was
manifested ley the audience, and when the verdict of
not guilty teas pronounced, j murmur of applause ran
through the court, but was instantly checked. West
exclaimed, with tears in his eyes, " My lord, and gen-
tlemen, 1 thank you front the butt mm of my heart!
The outer prisoners bowed gri.tefoilly, hut did not speak.
Mr.Jusuce Bayley.—" Prisoners, listen to sue 100 one
moment. You have had a mutt considerate and humane
jury, and do sot, 1 entreat you, let your acquittal be
re■arded as a mace, of triumph by you, or your connec-
tions. 1 hope you will carry back to your own county
this suggestion, that the iratlie in which persons there
are engaAeil, is a moat dangerous and wicked one, and
that justice must overtake tiltl3l if they persist in it.—
In the case of tu.day it has been proved, that one
man has unfortunately been deprived of life, in conse-
quence of it, aisd I hope what has occurred will make a
proper impression on your minds, aml on the minds of
others. You have this day had ■ saiking proof of the
powerful advantage of good character in the hour of dan-
ger. Go Isome to your wives and families, and endeavour
by future conduct still to maintain the character that has
been given you here this day.
The address of the learned judge seemed to snake a
strong impression on the prisoners.

An affray happened in the neighbourhood of
Hythe early on Friday morning., between a party
of smugglers and the revenue, in which one of the
officers was severely wounded, and one man lost his

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