The Sun.
London, England, 1801-01-28 00:00:00

THE ittNil twstert.

This was Aulc .) shei%; Cauie tvily Ctirairial
Information shotatti, not ifsue agaimt the .Do,lenci.
2.11 .;--it 'WAS propw;cd that tiv4: P4vtic4 uhould go

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KING agar/is/ RUSCY.

MOTION FOR A N LW TRJAT,
(C,mcluird from our of yam 9.)

f

liefo're the Master, taut as there Was no Cuse
shown, and as the Parties for the- Prosecution
would not enter into any coinproakisc;' the Rulc
Wits Faith absolute.

• `T,O R D Kesoeott said, there was stonething ex-
ttemelv to be, regretted in the history of this
Case i What had fallen from Mr. le.ea.v informed
him of one thing with which he Was' totally un-
eteinainted before ; namely, that acts of violence
had followed the present Proeecution. His Lord,
ship said, he.bould not conceive any thing more
disgraceful to the Publics
emeenore insolent to the
administration of justice, than that Mobs should
substitute. `their rage for the execution ,of the
Law. Every mint, whatever his Cam: might bee
was iotitled to a'fair hearing:. of it, arid to entire
'oeorenion. until the Law it s'ellpronotinced upon
him, and awarded to him punisienent, as the e
should be ; and it was odiressary, in fir caoe,
that there should be punishmebte•tor, without such
corrediVe to vice, Society could 'not be held to_
};ether ; bitt this must be robe 'by order of the
Law, and 'if
,Mobs were ilennitied' to' indulge.
their rage upon any occasion, :there was Miele.] of
all the advantages of Society ifself; it was, there_
fore, impossible to reprobate such violence too
nittche• and he begged it tp be understood a., his
must decided opinion, that there, was no punish,
Mint authorized by the Law of this Land, to
which the Court ought not to go in punishing
those 'whet should be foimd. guilty of 'such out.
tage*a. So 'Much, for this part of the case. His
Lordship then obscrsred, that whether. the Jury
• had' or' bail' nor drawn a proper conclusion, he
would-not now tiiactos„ couel nor, however,
forbearlookin,g at the names of ;he jiirera, wpb
Le•hed toi doubt,- were eil iieelligteh and virtu.
anon ; of !heel. be had the plea:Aire of
knowing to be men fit to decide this or any other
Cans" diet ever came before any Jury in a Court
Justice.at He did opt know them all, although
hat verily believed this.. description- was oppro-
priete to them all ; those' did; 'know, were men
of excelleet understanding, mid tanlo!,lited in-
teerity, such AS any nom of honour mid dia_
cernatent would like to have to &Cid(' his cause,
whatever might he its importance. Mr. LAW
had touched, and pre:ised extremely, the topkk
which he relied upon as most favourable to his
Client, namely, the credit .which ought to have
beers given to the evidence of the two
Upoo that his Lordship could only say, it was
impossible for a judge; who preaided at .a :trial,
to commuoieOtee by his Report to the Court, alt
those things which appeared at the trial of Some .;
cases the agieittioos and desire to. conceal the 1
the heaitatioria, and the shameful attempts
to prevaricate, and many.orher things which 'go
into the composition of the discredit of a Wit.
nest ; all that a Judge could do was to wait until
the answers .were given, and then take them.
down,. and afterwards' read them to the Court,
when called upon; fur that: purpose. Mr. LAw
contended, .that Rusby had.nothing to do with
.the Ae-sale of the: Corn,' nothing. with the Iran.
sudion which constituted the crime now before
thsCourt upon this Indielnient. Was it not pray.
edethat !Lusby bought 'the Corn, that it was on
his own Stand, and in five-iiiinutes ',afterwards on
the Stand of Nattrass? The vehemence of speak-
itooetiOpletiiiiett drove men a: Hide beyond the
need in their oesertion, and a little beyond sound
reaatinin ergitment•i and, he believed, 'that Mr.
LAW, Y,h9 ,WO now, perhaps, a little cooled,
would not like 'to get: up and say again, sum
things; be- bad said upon this subject. Surely !
Surelyel; It Inuit lie eesa, to .seethe slight 'of hand
that OtatifiCAl Upol,l occasion,, and that
in truth the Sale waii known tpßuF,by ; and the
idea of making'hiS ?atelier the sole eettor in the
scene,- Witt( an afterthought, for the purpose of
,the evidence -of it was too
plain r. and it .was opposed by 'what ? lly evi-
dence. whieh-nri man living could believe. The
thing really spoke' for itself, end he stated to the
Jury, what he:-hoped he ihotild always state-to a
Jury, that it was their province to sift the evi•,
dence, -and sco:whore truth-Was, and where false-
hood had been.offered 'instead of truth, that tbey
were-not to SW4IIOW glibiy every thing that was
offered-to them, eveim upon oath, but that they
were to•loele at the reasonnideneas and probabi-
lity of thises.--Indeed,ouniesa this sentiment
woa,reffive in jerks, they woidd be of very lit-
tle to in ;he Adirtioistration or- Justice. There
was another sentiment which juries carried about
them-, aa..l that was, n !.en they deteeled a suit.
eeptesentation in .one'clear point, to entertain
little doubt on the rest of the•testinaony„. whence
that misrepresentation came ; but the case was
not necessarily so here ; the offeririg a Copy in-
stead of the Book of Mr. Nettrassi which .Copy
was -incurred,' Then the -appeaeance- of the
Book itself, together with the manner in which
Nattrale gave his testitnnOy, the. answers 'com-
ing, as Mr. 11.: kW( INE had stated•ir, pike dtops of
blood, till etimbitied to' make -op the opinion of
the :Jury against the whole of the Defendant's
Case. The Book was put hit°. the 'hands. 'of' the
Officer of the CoUrt, a very intelligent man, .he.
saw at once 'that the Book hod been altered in "a
way to favonr -the idea of the Defendant's not
bethg concern d in- the sale. Surely I Surely!
ihere Wll3 but little credit due to such testimony, •
especially when it, was opposed to that which was
true clear, and on which no suspicion rested.—
His: Lordship, peotestede• before God, that- if it.
were for liiin to tfirqw tbe concitiAion, "instead of .
the jnry, should have drawn the same es they •
«'I-thought ao then,". said his Lordship,
" I think ati4nOw, not hastily, or reality, but-on a '
calm, seriOus,. dispassionate reeolleetton of the
Case, front .my memory, and'alse from my Notes
of the Trial. am, therefore, hound by my
oth to say, that, in my opinioto• there ought-to.'
be no New Trial in this Cave."