The Sun.
London, England, 1815-09-28 00:00:00

TO THE Eptrort. OF TI4E SUN.

Sitt,--Without entering into the merits of poor
WILsON's case, the pi opriely of.stopping his,walk,
or even the legality of the prevention, I request
your insertion of a very few lines) to spew that
tl►e Wa►rant, e:cn if its object were strictly legal,
was irregular, , and founded oh a wholly non-
judicial process.
lii a penal instrument, such as a criminal war-
rant", grounded on an alleged breach of the peace,
assuredly is, not one word can be dismissed from
the context, if it appears contradictory to, or in-
compatible with, the remainder.

The Magisrate can convict upon.the view, where
the breach of the peace is actually and visibly
committed before him—but this must be for a
breach in the abstract, positive and visible, not
contingent and inferential. , For instance, if a
carter is seen by a Justice riding on the shaft, lie
.may be convicted upon the view ; but irriding
on
the shaft for hire was the offence, the fact of the
hiring mist be proved on oath, and so set forth i❑
the Warrant.

If then the walking for hire was tttsoN's
fence, the hire (which is the inferential breach of
the peace) could not appear to the Magistrates
on th4r view, but. they should have been inform-
ed thereof upon oath; so that the information, if
false, might be visited oti, the informant accord,
ing to law.

if the mere waikin4 was the offence, then the
warrant is irregular, as it states with a particular
" thereby,"' that it was his walking: for money
which drew together the " tumultuous assent-
blage."

Neither could it appear- to the Magistrates on
the view, that WILsoN had been wal-king " for
sererat days;'' nor that he had drawn: the tumul-
tuous assemblage thither " by day and night ;"
nor that he bad been walking "pursuant to pub-
lic advertisement." These matte's should have
been related -to the Justices upon oath, by some
ostensible informant. They might be considered
surplusage in the warrant; but for the unlucky
"therety" which hangs upon them, every part of
that'alleged breach of the peace witch the Magis,
gates take upon their own view. And by that
" thereby," they declare the breach to be wholly
inferential, depending on acts which were out of
their view, and thereupon conVict WILSON upon

their view.

A question, perhaps, of a minor consideration;
-but still sheUing the general irregularity of the
warrant, is, that it
rdoes not state the breach of
the peace to have been committed in the county
of Kent, or the " tumultuous assemblage"'lo
have been drawn 'together in that county. tt
does not state " Blackheath or its :vicinity" to be
in the county, of Kent,' nor even refer with a
Blackheath aforesaid.ro the mention of that place
as being in that county, on the direction of the
warrant. . And most assuredly, ,the " vicinity"
of Blackheath does, not appear to be in the county.
of Kent.

These observations, Sir, are not put in that"
strung light of objection w hereof thef are capa-
ble, nor'in their proper and technical forut ; but,
possihlY.ythey may he'Snfficient to slew how hasty
the Magistrates ; and that they evinced as
little regularity as kindness to poor WILSON, who:
ce-rtainly bad" tint forfeited- by a fair attempt of
his athletic powers, the common liberty of a sub-
ject in the•free nse of his legs.
1 am, -Sit,.your7ubedient servant,

• PEDESTRIS.
Without, however, d‘velling upon the legality
or illegality of thisiNLlgfsterial act, it i 3 certainly
very generally re!,,,retted that the nuisance, if it
was one, was not sooner estoppel, but that the
Old Man should have been suffered to perform so
much, of laborious race, and then be ar-
rested when'. almost in sight of the GOal to-
war4s , whieb' he had so arduously struggled.
the inroad thns. made upon the public feelings
is perhaps the greatest offence of the Gentlemen
whose interference can doubtless 'be imputed to
„oihing but a sense of their duty.

WiLsoN was weighed last night, and was found
upon the whole to have lost Jour pounds. This,
however, he says himself was useless flesh, and if
a judgment is to be formed from his healthful ap-
pearance, good spirits, and appetite, he wee never
in better condition, with the except-jou of a little
stiffness, than kzt the preset( inoiticutik