The National Register.
London, England, 1820-12-04 00:00:00

THE NATIONAL REGISTER

the King on Saturday last to prepare a list of a new
Administration. The change, however, it is ex-
pected, will be partial, and that, though Ministers
had tendered their resignation, some of them will
be retained. It is rumoured that Lord Grenville
will succeed the Earl of Liverpool as First Lord of
the Treasury; that Lord Lauderdale will succeed
Mr. Canning as President of the Board of Controul,
and that the Marquis of Buckingham will succeed
Lord Melville us First Lord of the Admiralty. The
sudden return of his Majesty to town from Windsor
on Monday last, it is said, was occasioned by the in-
tended changes, the particulars of which have not
yet transpired. We know that EARL SPENCER, at
the command of his Majesty. had au audience of
him on Tuesday, and was closetted with his Ma-
esty fur an hour and a half.

By our Law Report it will be seen, that is the
Court of King's Bench on Monday, the rule for a
new trial in Sir Francis Burdett's case was dis-
charged, dissentiente Mr. Justice Bayley. The
arguments of the Judges who supported Mr. Justice
Best's doctrines consisted of a tissue of legal cob-
webs, which were swept away by the plain and
sound reasoning of Nlr.Justice Bayley. Any further
proceeding against the Honourable Baronet will, of
course, be dropped. The Law Ofßeers of the Crown
have, on this occasion, received a signal defeat, to
he satisfaction of men of all parties who value trial
by Jury. Leicestershire was selected as the venue
in this case, with a view to the Jury; the indepen •
deuce and intelligence of a Jury taken from Middle-
sex were considered unpropitious fur the purposes of
the prosecution. The transactions of the 16th of
August at Manchester were known to have made a
different impression in the most enlightened county
in the kingdom, from that which existed among the
persons usually serving► on Special Juries in Leices-
tershire. The act of publication took place only in
Middlesex. It is mere quibbling to compare kthe
publication of a libel with the publicaion of. a will,
or any other private instrument.. The term, as
applied to those instruments, is an absurd one, and
can furnish no analogy. It is the communicating
offensive matter that constitutes the dime of libel.
No man of common sense (all technical jargon apart)
can say, that a libel is published until it has. been,
proved to have been seen by somebody.

On Wednesday night an attempt was made to
murder the Duke Decres, Ex-Minister of Marine.
The Duke retired to bed about twelve o'clock ;
shortly afterwards he was blown out upon the floor
by an explosion of gunpowder under the mattresses'
a second detonation succeeded in a few seconds, and
the room was in a flame. The Duke called his vu-
let, who slept in an adjoining cabinet; the latter
answered, " I am lost," and instantly jumped from
the window into the street, u height of forty feet ;
his shrieks brought the sentinels to the spot, to whom
hP declared that some villains had thrown him out
of the window. The Duke made his-way out of the
apartment, and medical aid was immediately pro-
cured ; it was found that he had the rig *t thigh and
arm lunch burnt. Ile continues in a suffering state,
to the great affliction of the Duchess and his young
daughter, but nu fears are entertained for his life.
The firemen, on examining the apartment, found
that several pounds of powder had been deposited
between the nutre,ses, and ignite.; by means of a
train which ltal under the dua. Every thing ap-
peared to justify the suspicion, that the val-:t was
the author of this horrible design, particularly when
it was discovered that Bank bills had been taken
from the Duke's writing desk to the amount of
9,000 francs, lie has since died in the hospital of
the injury which he received by his full from the
window.

In consequence of the repoated outrages and street
robberies which have reccuily taken place. Lord
Sithnouth has increased the force under the corn.
mand of the magistrates of the different Police Of-
fices very considerably, and that active precautions
are taken to prevent, as much us possible, the
trcTiency of such rul3heries, to which thu present
season of the year is always favourahle.
The Recorder of 'Amt... is expected to make
another report to the King in council, in a few days,
of convicts under sentence of death in Newg.te.—
One of those reported to the King in council ou
Thursday has been reprieved, t having been ascer-
tained that an. inincipal evidence against him was a
lunatic.

' ALDERSGATE WARD.

At a meeting of the inhabitants of the Ward of
Aldersgate, held on Monday last, fir the purpose of
congratulating her Majesty on leer recent triumph,
Mr. Alderman Cuz said,—
That he had called the meeting as soon after receiving
the requisition as possible. A former requisition lie had
kept by him some tune, the Bill being then in progress;
but now that a result had been come to, lie hail no hesi-
tation in complying with the wishes of so 111111 l erons and
rirsieetable a portion of the Wind. With respect to the
simject which would be brought forward, lie observed
that, in common with n.any others, impiessions had been
',lade on Ins mind very pi ejuilicial to the Queen's chase.
ter; that he had read the evidence, not with the eye of
lawyer certainly, but of one who was anxious to ai Live at
truth; that iie hail been unable to find through all that
evidence, which lied been collected with malignity equal
to the activity that lied been displayed, any one tact
established against her Majesty ; aid that to itch he wee
now fishy persuaded of the Queen's innocence. (Loud
cheering.) lie lied imagined, alter all that had previously
reached his ears, that a mach better case against bee
would ue inane out ; hut, notwithstanding the detrimental
charaeter of the evidence adduced WI her belied, he telt
fortified, that nothing against the Queen bad been tam-
blished. (Continued cheers.)
After the resolutions, and an Address founded
upon them, had been unanimously agreed to,
Mr. Alderman Lox mentioned, that painful and tines.
limed difficulties were thrown in the way of her Majesty's
visit to 6t. ; and to p the City's tranquillity,
it was desirable that the most efficient means should be
adopted. 'The sty ratite; in of special constables in the
several Wants had been recommended, and lie trusted
that the rem 111111 l entlation would be adopted. He trusted
that the public would not sutler themselves to b • • aced
by any conduct of designing individuals. They had heard
of* placard Conspiracy, aud the parties bad been treats*
to Imre approached vet y near to Ministers; andu to this
placards, violent as Mr. Hunt and some of his friends were,
lie had always beneved it impossible fur them to have
their approllatiun. (Hear, hear.) He hoped that all,
would guard against such designing or placard-ten as
would undoubtedly be active for Wednesday. (Cheers.)
Such is the present opinion of the late measures,
expressed by a gentleman, who has hitherto been
one of the must strenuous and unvaried supporters
of Ministers.

EXTRAORDINARY INvENTIow—A Mr. Francis
Farkas, an Hungariau, has invented a machine,
named a Dolphin, by means of which a person may
dive to the bottom of the deepest rivers, lakes, and
the sea. The machine enables the diver to walk at
his ease on the bottom, to work his hands and feet
with freedom, and mount at pleasure, without any
assistance to the surface, or remain stationary in the •
middle of the water, or in any depth, and continue -
as long as he may wish, without the least interrup-
tion or effort. The object of this useful invention
is to give prompt and effectual relief to vessels •
wrecked ; to collect from the bottom, with greater •
facility, pearls, coral, and amber, and to augment
our fine collections of shells; also to raise from the
cavities of the sea, treasures which perhaps are to
us at present unknown An experiment was made
with this machine at Vienna on the Ist of October
last, in the military swimming school at the Prater.
Cuunt Joseph Esterhazy de Galanthy, Count Fer-
gas de Ghymes (Court Secretary), the acting cham-
berlain Nettles Slagod, several learned Englishmen,
and many persons of distinction were present. The
servant of the inventor plunged with the Dolphin
in twenty-four feet water, and walked upon the
bottom ever the whole squafe of the swimming
school. To prove that there could ue no want ut'
light, the inventor sent down a lanthorn, and when
it was taken up again the light was still burning.—
A tier the man had remained one hour under water,
he returned without the least assistance to the surface
of the water, not because he wanted air, a thing
which never occurs, but because the persons who
were witnesses of the experiment declared they were
perti:ctly satisfied, and requested that he might be
directed to come up.

The election of a President of the Royal Society,
in the room of the lute Sir Joseph Banks, took place
on Thursday at Soaterset House. Sir Humphrey
Davy was the only candidate for this honourable
and distinguished situation ; but an attempt was
made to defeat his election by proposing Lord Col.
chester, the lute Speaker of the House of I ominous,
in opposition to hint. Sir Humphrey Davy was
supported by the independent members of the so-
ciety, and Lord Holland came, fur the first time
expressly to vote for him. He was elected.
An inhabitant of Carmarthenshire, who, lite
most of his countrymen, was very superstitious,
went to the Parson of his parish a Lw days ago, and
declared that he saw the ghost of his friend Tatty
Evans, u convivial hostler. who died a month be-
fore ;—" and how did you know," said the Parson,
" that it was the ghost of flay, friend Owen r-
" Oh !" answered Owen, " because hur was stag.
goring drunk."
The extensive and valuable library of the late
Bishop of WatertOrd, which his Lordship was so
many years in coilecting, and which it was hoped
wood remain in su•nt 'Millie is to come
the Launder, and of

-.m

i

'W"


NO

LAW INTELLIGENCE.
COUIVI OF MSG..' BENCH
MONDAY, NOV. 27.

CRIMINAL INFORM riom,—rHE KING V WINTIR.
. . .

Mr. Moore moved for leave to the a criminal
minion azaitist the I le(viidatli, C.:lw ‘V otter, lor sending
a letter, coistalnitst; a while!' ciiallvilge, to \lr. Henry
Hoare, snit of Sit Henry Hoare, of Gaspar ►lead, in
tile county of Somer,q.
It appeared fro II the statement or Mr. Moore, that
the sriv.oos of Sir Richard Hoare found wires and snares
laud for hares, and itavitig traced foot-steps to a cottage
ittitabited by Captain Winter, a conversation ensued be-
tween the Caplan' anti the servatits, in which the former
admitted that he had laid the snares.
The servants were then directed to go to Mr. Hoare's
Solicitor, and having done s f, Captain Winter com-
plained that Mr. Henry Hoare had acted unlike a gen-
tleman in omitting to write. to him before a prosecution
vvas commenced. Ile also sent a letter, which became
*fie hound of the present application to the Court.
The Chief Jostler ask,-11 whedter Mr. Moore, in It's
affidavits had proof of the hand-is ritilig of the defuothot I
r. Moore admitted he itad nut sueit moor, and the
Court considering that e% idence mcestary, roused the
applicatim.--Itale refused.

JUDGMEN'C OF THE COURT.
THE CINO V. Ili IKANCII YUKDZIrr.
The Colin this tl.ty base judgment in the iinportsnt
qtr Sllllll rt•specting the legal c:aiiti of Sir Francis Bia-
nco to a new trial.

Judge Best, as junior on the Bench, read the report
of the cause. It was a criminal information, as our
Headers will remember, filed by the Attorney General
against the Honourable Haronet, for writing a letter
respecting the transactions at Manchester on the 22tl of
August 1819. The case was tried a. the Spring Assizes
fur Leicester, and a verdict Mond for the Crown. Mr.
Denman end other Learned Counsel moved for a new
trial on the ground that there was 110 proof of a nubli-
Cation of the libel in the county of Leicester. Other
objections were wade as to the.Judgels chaste to the
Jury. The Learned Judge, in an amiable expoosition,
conduct, ails cried to all the circumstances which look
place at the trial. He complimented Sir F. Burden oil
his very able and eloquent deitoice made in person, and
obrerved with respect to the publication in Leicester-
shire, that the Court and Jury had a right to presume a
publication took place in that county. If the fact was
not so, the detendant had the poster, at the trial, of
calling Mr. Bickerstaff to state how the letter caine into
his possession. That gentlennie wa• not called, anti the
Jury had tINIVeII a fair and reasonable inference. It
Was said there was nn proof the letter went by post. It
made no difference, however, whether sent !by the:post
or ton. It was clear it came 1 the hand of Sir F.
Hindett, and was received by Mr. Bickerstaff. Upon
probabilities, and the rule of law, the Jury had a nail'
to oiler the letter was delivered by Sir F Burdett iti the
county of Leicester. It was seal the Crown might
have called upon Mr. Bickers' ill, bin how did the
Crown know the letter was CVO' tit the hands of Mr.
Bickerstatit It lay with the defendant to prove
the Vella was tint properly laid If the defendant
implanted had actually occurred, it would no, re-
amer the inalignity of the libel. The Statute of Gen.
111. made the question of libel not a question of
fact; it was the duty of the Judge to direct the Jury—
and he would contend that his direction in the case
alluded to was in no way incorrect or partial.
The Learned Judge then adverted to the opinion
which had been advanced, namely, that the Jury were
Judges of the law. It could be never be supposed that
the statute of George the Toird did more than give the
Jury power to find a general verdict. The statute dtd
not make the question of libel a question of fact. It WAS
still, in many instances, a quetion pf law. The legis-
lature had left the Jury to nod a general verdict, but
the Judge had the power of stating the law, by which
the Jury were to be governed. The fourth point had
been urged, namely, that his charge to the Jury was
unjust. He lamented the necessity he was limier M.
snaking any allusion to what had when Ifolll the Learned
Counsel, with respect to his conduct. It gate hint
pain; but he acquitted the Learned Counsel of any
tiling like intention to give offence. No man was inure
respectful in his demeanour to the Judges than the
Honourable Baronet (the defendant) in tae cause, and
happy he should have felt to have stated to the Jur? any
pouts in his litoor ; but looking to his rank in society,
and the nature of the hoel, he felt it could not be done.
The extent of the liberty of the press enabled a 114111 10
instruct liis lrllow•citizrus 1111011 die laws and goyerii•
I•ut detallldtion 41141 If itt.lll4lll.llollaildrisfes to the
dlSAtleted WaS going, ticymid the liberty of the press, as
established in sin cottony. Worther to opiiiiotts weie
well founded or out, he could out say, but lie had only
been actuated by a desire to do his (buy with tin firm-
ness the nines demand. ksery Magistraie was
b0011(1 to administer justice with 11111.artialoy, and to the
best of his judgment. He sw no reason to th,ttirlt the
verdict.
NJ,. Justice Holroyd sail. he was of opinion that the
tole for a stew trial ought not to be granted.
Mr. Justice Bayley. its several particulars of
case. agreed with itic rest of the Judges,. lucre was,
however, a difficulty he had felt loon his' to I s,
on rote of the punts. lie alluded to the ditection tat
the Learned J n,l4e with respect to the publication in
Leicestershire. No consitivrx..!):l he had been able to

save was sufficient to ovcnonte hia übjection to that
direell011; and be said he ahuulil hot thacharge hia du y
I •
#‘;• if he did not txpress nal give the t.eiendint
the full benefit of it. '1 tie 11,111 110 1114111 so 1+11.01111;v
the pilbl:Ca11011 was in L•letblef•lllfe %%Milan a prima
facia case. Without toe et .detke of Jlr. H.ckerstall the
Jury must hate been in the dark upon hat question.
Had a bill of ..tchetnient been presented to a Grand Jury,
h. was catchier(' trey could not have inutitl the hill
witlinajt proof that Use letter was delivered iu Leicester.