The Sun.
London, England, 1801-05-14 00:00:00

RTIFICATLS.

Tunq 2. Ben. Wraith, of G rcat Bolton, Lancashire, muslin-
manttfaclurer. ,
T. Bridge, of Lenchfoid in Rosseridalc, Lancashire; clothier.
Shields Legg, late of Portsea, Southampton, shoe-maker.
Samuel hlcrltly, of Fleet-street, taylor.

L REPORT.

COURT OF KING:s BENCH, TCZSDAY, NAT la.

THE KING 2/. ARIS.

Mr. Scovr said, be was to submit to the Court
a Motion of an extraordinary nature,-.and in the dis.
charge' of •his duty, he felt it incumbent on him to
say, that he believed the ;Motion was new in form,
but, he maintained, at the same time, that it was
not new in principle ; but was clearly distinguisha-
ble from those which had Ileen objeded to on ac-
count of their being new. lie said it was new in
form, not with an absolute certainty, but only
with a view of`conveying to the Court that he had
not seen any Motion like it, although there might
have been such. In all proceedings on Criminal
Information, it was the common rule for the Prose-
cutor's Affidavit to be filed on making the Motion,
and then for the Defendant to file his Affidavit, in
answer to the charge ; after which, a day was. ap-
pointed for the discussion of the matter, beyond
which the Prosecutor could not go, for he had no
leave to file any further Affidavit in support of his
charge for the establishment of any new matter
against the party he accused ; but the Motion which
he had now to submit went quite beside that case,
Red was entirely gut of that rule. The Motion
Which he had to make, was " for leave to file an
Affidavit, for the purpose of strewing to the,Court,
that two persons v7ho had made Affidavits in fa-
vour of Mr. Ads, against the Rule now depending
before the Court, before the application for the lule
was made to the Court, were in the custody of Mr.
Aris under Sentence of Death, antilhat they were
in that Custody, under that Sentence, on the day
they made their Afl-a?avit. That these two persons
are new clown at the Note, on board a King's Ship."
His Motion was for leave to file an Affidavit for the
purpose of ,establishing these fads ; fads, on which
very material and important observations and argu-
ments would arise, when the subjea matter charged
against Mr. Aris, came to be discussed. It would
be a material feature in the case, that these persons
who made this Affidavit, in favour of Mr. Aris,
were then gdually in his Custody, under Sentence of
Death.
Lord KEUTON.---" In the custody of the Keeper
of the Cold Bath-field's PrisOn, under sentence of
death ? :How is that ?"
Mr. Scour said, they were in the Cold Bath-
field's Prison, tinder sentence of Deatlr,—convided
'of Felony—of Mutiny.: They were there in that
situation, and had,' since. the rime to moved the
Court for leave to file a ,Criminal Information
against Mr. Avis, made an Afkiavit in his favour
in this case. They were kept there up to last Mon-
day. -Since the titne when a Motion was made on
behalf of Mr. Aris, to enlarge the Rule for a
Criminal Information against him, these men, being
so in his custody, had made an Affidavit in behalf
of Mr. Aris :1---Since which again they had been re-
• moved from that custody, and sent• down to the
Nore, where they were on board one of His Ma-
jesty's Ships.
. .
Lord KENYON asked, what.the result was of all
this ?
Mr. Sc OTT said, that if he was all Owed to file an
Affidavit of these fads, very important arguments
,would arise out of them, applicable to the condud
Of Mr. Aris,; but, unless he was allowed to file
such an Affidavit, these faits would not be regularly
'befort the. Court, so that he could make use of
them in argument ; and, therefore, it was that he.
"tithed fur leave to file an Affidaviteof these fads.
Lord KENYON-said, that nothing which had been
, stated, went tp chew that, these two persons were
incompetent to making the Affidavit they had
made.

••••..”
Mr. Sewn. said,' that there was great reason-for
his application row to the Court, for if he were to
insist that what these men had sworn, deserved no
credit, -he should be told, that if what they swore
was false, he might indiet them fur Perjury; which
was in substance giving him no remedy against
these men, for be should never be able to find them
after they went from the Note,
,and no credit *as
due to them, as the Court would see, if he was al.
lowed to tile this Affidavit.:
Lord Kart ox asked why so ? There was no
Judgment 'upon them by which they were rendered
infamous. •
Mr.& oIT said they were convifted of, and under

Sentence of Death for Mutiny.
Lotd KEN ON.---" So they may, but Mutiny is
not a felony by person becomes infamous
and his .testimony cannot be -taken in a Court of

7 •
1 really do not.underst4nd !the drift of: the '
1
Mr, .G.O.steve begged leave to say a word Or
tpoit .becaute,it appeared to not only,
admitted,. that the Motion was new .
pradice, htit; if gdinted, ..wriuld bring info tl4
Proceedings of the Court, the greatest iticonve-,.,
nienee, as -well lat:be' an impedime.ittlito t
ministration of jaisttice. This Motion
,q.ose ?Lit of
a Custom observed'at the Bar, which, aslir as lien
was concerned, iii6st-'noW cease, on account "of the
Use which was now made! of it ; it was a make
which was built on the good:faith which one gen-
tletnan
.at the. Bar in general observed towards
another, anlby which the time of the Judges' was
mtich•spareil, and the practice Oldie Court consider
ably facilitated in•inany cases, for by that pradice,
Cases which appeared to be such, as that tO argue
them, would be only a waste of time, for that the
end they must come to was clear, were disposed of
by agreement by the .Counsel, and-a Rule was made
absolute or discharged as to the Gentlemen of the
Bar, might,appear right, upon an attentive perusal
of the. Affidavits. Upon this occasion, in conse-
quence of a misapprehension of his, the Affidavits
he had in support of Mr. Aris, could not be read
then, because by the praqice of the Court, it had
been settled, that such Affidavits should have been
filed a given time before Cause. vas' shown upon
them, in consequence of which the Court had, in
its justice, said, it would not conclude the Party ;
to whom, therefore, a further day had been given
to shew Cause against the Rule, by enlarging the
time for making it absolute. In consequence; he,
according to the usual courtesy of the Bar, handed
over the Affidavits on which he intended to shew
Cause against the Rule, to Mr. SCOTT, who moved
It; and who had perused it from Saturday till to-
day. But this case was distinguished by something
besides •its justice, and that good faiTh by which
Gentlemen at the Bar trusted to each other, that no
other use than that of a perusal, of the Affidavits,
to. see whether they were an answer to the
charge or not, had been broken in upon. It
was usual to observe that they were sacred to that
trust and that alone., for di"), were not even shown
to the adverse Attorney,. they were merely for the
convenience of the Bar, and under which pradice
much time was saved, and Justice was as well ad-
ministered as if every. Word of the Affidavits were
in all Cases publicly read in Court, but instead of
this, a fresh application upon a new charge was the
result.; which application, hoWever, could not be
granted without leading to a .pradice which would
make disputes of this kind endless, because if a
supplemental Affidvit was to be filed on one side,
a supplemental Affidavit must be allowed on the
other. If this supplemental Affidavit were filed,
Mr. Aris must, in Justice, be allowed to reply, and
then the Prosecutor would rejoin, &c. so that there
would be no end to the thing.., He said, for him-
self, that to-morrow he should do his duty towards
Mr. Arts as well as he should he able, and as he
would. for any other man; but if Mr. Aris was
guilty bf what was imputed to him, he had but one
wish, which was, that be should be held up to the
Public for that infamy which his crimes called for,
and from which nothing could shelter him, that was,
if guilty, but that was a question •not settled, but
to be discussed.7--So much at present upon the
merits& this matter—upon the point,of practice and.
the regularity of the Proceedings of the Court, he
.must resist this Motion.
Lord KENYON.—" Mr. Scorr states the Motion
to be unprecedented, and we cannot overset the
whole practice of the Court."—Motion refused.

William Hutchinson Curtis appeared in Court,
being brought up by a Writ of Habeas Corpus, di.
retied to his Father and other Relations, upon an
allegation that he was confined by them. He was
asked, if he was under any restraint ? He said,
U None ;" and then he was told he might go where
he pleased, on which he retired.