The Sun.
London, England, 1832-01-31 00:00:00

DEFENCE OF CAPTAIN WARRINGTON.

" General Sir Henry Fane and the Members of
this Hon. Court,—When the Hon. and Gallant
General upon whom has devolved the duty of con-
ducting this prosecution against me, stated to the
Court that it was with feelings of an afflictive na-
ture that he fourad himself engaged in so invidious a
line of duty, I gave the most implicit credit to the
sincerity of that declaration ; and if he felt the'ne-
cessity of bespeaking your indulgence, on account of
the painful situation in which he was placed, it may
perhaps be permitted to me, without the appearance
of presumption, to request a similar indulgence on
my part. Haring, for the first time in my life, to
speak before any assembly, and that under circum-
stances so novel and painful, hearing myself desig-
nated as the prisoner at the bar ;'—to he subjected
to the forms and ceremonies incidental to that situa-
tion, naturally increase my embarrassment. When
I reti ct, that as one engaged in an honourable pro-
fession, by which I must hope to live, I have had
hanging over me an imputation of my conduct as a
military man, which by my ors n desire, I am now
endeavouring to repel, I trust I may have some
claim to the indulgence of this Honourable Court.
By the address of my prosecutor, I have been ap-
prised that I am tried upon charges founded on the
proceedings of a Court of Inquiry which was held
upon my superior and commanding officer. But, when
my prosecutor so feelingly and so eloquently deplored
his melancholy fate, in language more appropriate
and forcible than I could describe, how much
more must I inwardly lament his loss under
whose orders I had served, and who could, if living,
have best sati•fied this Honourable Court, whether in
any one instance, %, hile under his command, I had
been inattentive to my duty. The Court is already
aware that the orders given by the late commander
of the troops during the riots were generally verbal.
I will on no occasion ask this Honourable Court to
receive my assurance that I had an order for any
particular duty, in the absence of proof to support
my assertion. And here permit me to observe,
that, following the example of my prosecutor, and
the dictates of my own heart, I shall endeavour on
all occasions, as far as in my power lies, to avoid all
mention of a name which cannot be uttered without
giving me pain. I would sooner suffer any degra-
dation, or bear all the odium of these charges, than
I would place one blot upon his escutcheon. Nor
is my embarasement in any way diminished by the
generosity of my prosecutor in having expressed an
interest in the fate of so humble an individual as
myself, especially when coining from an officer so
justly distinguished. It imposes ott me a debt of
gratitude that will leave me ever to regret that my
conduct should, even for a moment, have made an
unfavourable impression upon the mind of one whose
good opinion it would have been my greatest pride
to have deserved, and who, as the public prosecu-
tor, has discharged his duty without any vindictive-
ness or personality towards me. I labour under art
additional disadvantage in being compelled to speak
wholly of myself in the presence of a tribunal, com-
posed of officers whose gallant prowess in the field
have been crowned by the most marked approbation of
their Sovereign. But when I reflect upon the eventful
circumstance connected with this inquiry, the immense
loss of life and property, at a time when my conduct
is censured—the late awful catastrophe which still
throws such a gloom over the city, and the yet more
recent and appalling sacrifice made within these few
hours, and within a short distance of these walls, as
an atonement to the offended laws of the country,
when I reflect that I myself am compelled at this
particular juncture to launch my hark amongst the
shoals and breakers that have proved destructive to
so many others, I may well be unfitted for any
struggle, however necessary for the preservation of
my honour. I cannot but be sensible that statements
have been sent forth to the world in various forms,
reflecting upon the military service during the Bris-
tol riots, and in particular upon the conduct of the
troop which I had the honour to command ; that
these statements having remained so long uncontrit-
dieted, made me anxious, from the commencement
of this trial, to let some refutation follow each at-
tempt to substantiate any charge. Notwithstanding
these difficulties, I will endeavour to meet the
charges, throwing myself upon the indulgence of this
Honourable Court for the inability and insufficiency of
my attempt. Although it will be necessary for me
to make some allusion to the conduct of others, I
do not desire or intend to evince any vindictive
feeling, or to retaliate upon those whose public state-
ments have been calculated to remove odium and
responsibility from the civil to the military autho-
rities. I desire to confute myself as strictly as pos-
sible to a refutation of the charges against me, and if
I could be so ungenerous as to intend more, my pro-
found respect for this Honourable Court would at once
deter me from the attempt. After having stated the va-
rious difficulties under which I labour, I should do injus-
tice to my own feelings if I did not acknowledge that
there is one circumstance connected with these pro-
ceedings which affords me consolation, and which I
hope, without a suspicion of flattery, I may be permitted
to mention,—it is, that my honour and character
are intrusted to such an assembly, over which there
presides one who has not been more highly re-
nowned for his gallantry in the field than distin-
guished for a reach of ability, which renders it un-
necessary to consult the high authority on his right
hand, and for impartiality proverbial throughout the
army. Having taken the liberty of making these
general remarks, I shall now proceed to trouble the
Court with some observations more immediately
connected with these charges, and I shall endeavour
to do so as briefly as possible. Upon the first, I
humbly submit, that being under the immediate
command of Lieutenant-Colonel Brereton, from the
moment that my troop arrived in Bristol, nothing
but his express orders, the written requisition, or
the presence of a Nlagistra,e, could therefore have
released me from that command. I do. not mean
to question Mr. Kington's respectability, but as he
told me he was not a Magistrate, and as his com-
munication was merely verbal, and not proceeding
from arty official source, I appeal to this Honourable
Court hew far I was hound in the words of the
charge " to order out the troop," or to forward to
my commanding officer either that or the other
numerous verbal communications received that
night, particularly when I had reason for supposing
that there was an intention on the part of the rioters
to separate my force. I can prove that I invariably
directed the persons making these unathenticatea
communications to the commanding officer. Mr.
Kington and several others speak to my anxiety to
meet their wishes, and that my non-compliance
arose solely from a want of proper authority. In

this instance I submit that my refusal to turn out
was in strict accordance with the orders of my
commander and the rules of the service, particularly
with the instructions under which I actedlast winter
in the South-west district.

" On the second charge I would observe, that on
Monday morning, the 31st of October, about half-
past three o'clock, a letter was brought by two gen-
tlemen to the quarters of the 3d Dragoon Guards,
addressed to Colonel Brereton, or " the officer com-
manding, his Majesty's troops," as stated. Upon
reading the direction I refused to break the seal,
observing, that the Colonel was to be found at the
Adjutant's quarters close by (No. 2, Unity-street),
when, repeatedly urged by those gentlemen to open
the letter, one of them offering to take the respon-
sibility upon himself, I was persuaded to do so, and
to read its contents in their hearing. I pressed
them to take it immediately to the Colonel, and of-
fered to return it, but they refused to receive it. In
their presence I desired Serjeant Deane to give di-
rections for the half of the troop, which was not
bridled up, to get ready immediately, firmly believing
that they were gone to Colonel Brereton to apprise
him of the communication from the Mayor. I will
prove, to the satisfaction of the Court, that upon the
subsequent application of the Magistrate referred to
in the charge, I evinced every readiness to co-
operate with him. Ido deeply regret that I relied
upon those gentlemen to communicate to my com-
manding officer the contents of the letter instead of
taking the more military course of despatching- it by
an orderly. I humbly solicit on this explanation the
indulgence and favourable consideration of this Ho-
nourable Court.

The third charge comprises portions of two days
—namely, the 30th and 31st of October ; and states
that at different times on those days, when the ex-
cesses were committed, the troop under my corn-
niund was then the only military force in Bristol,
that I ought to have been within immediate call of
the quarters, and command any detachment that was
ordered out; but that I greatly neglected and vio-
lated my duty in several respects. In the first count
—that about four in the afternoon of the 30th of
October, I ordered out a iltachmant of two-
tlrds of the troop to the City gaol, tinder
the sole command of a young Cornet. Now
it appears, by the evidence of Cornet Kelson,
that I sent him, with ten or twelve men,
only to College-green, to meet Lieutenant-Colonel
Brereton, and although Cornet Kelson did not
exactly recollect whether I ordered him to take up
a party in the square, or to tell the Colonel that
there was a party in the square that m'ght be
spared, I will make it appear' distinctly that the
latter was my order; so that instead of sending a
great proportion of the troop, I only sent out ten or
twelve men, and they were nut ordered by me to
the gaol, but to report themselves at College-green
to the Colonel, and ask for orders. They were
ordered by him to the gaol, and whatever might be
Cornet Kelson's period of service, it has been proved
that he was employed in 1830 and 1831 in the dis-
turbed distticts, w here he acquitted himself credit-
ably. On the 30th of October, and the day in
question, he was frequently under the superintend •
ence of Lieutenant-Colonel Brereton, who might be
presumed to be best judge of his competency when
he despatched him to the gaol. The 2d count
states, that while the troop was in quarters on the
30th of October, I absented myself for a consider-
able time, and that during my absence a detachment
was called out to protect the Bishop's Palace,—
that it proceeded there under the command of one
troop officer only. With respect to this count I will
not for a moment deny the fact of my absence, but
I will state to the Court the reason of it, and will
prove the steps I took befote I left the neigh-
bourhood of my quarters. The Court will not, I
trust, consider my conduct as the result of in-
difference, or the want of the vigour and activity
requisite in my situation. On all former occa-
sions when I was employed on similar ditties,
the force under my command was invariably accom-
panied by a magistrate; but finding the case so dif-
ferent at Bristol, I wished for the advice of some
experienced officer, to sanction me in resorting to
extremities. Having heard that General Pearson,
an officer of great experience and distinction, resided
at Clifton, I stated to Cornet Kelson my intention
to go, while the city appeared quiet, and ask the
General's advice, although I was a total stranger to
him. As I left my quarters, a little before eight in
the evening, I called to inquire if the officer com-
manding the troops had any orders for me, which I
will prove, and that Colonel Brereton answered that
he had not. I went as fast as I could to General
Pearson's, and stayed thereabout five minutes. The
General will prove during the short communication
I had with him my great anxiety on the subject. I
returned immediately to my quarters, and was seen
there before nine o'clock. On my return I learnt
that a detachment had been ordered out. Lieutenant
and Adjutant Francis states that the order he took
was for a party only ; but I am ready to admit,
strictly speaking, I had no right to absent myself for
a moment. I trust, however, that this Honourable
Court will see the anxiety I evinced to meet the exi=
gencies of my situation, and will not condemn the
motive which induced my absence.
" The 3d count alleges that having returned to
my quarters during the absence of the detachment,
in place of proceeding to join the same, or of wait-
isg its return, I did, before the return of the detach-
ment, which was about ten o'clock on the same
evening, retire to my bed. I hope the facts relating
to this charge are already unders•ood. Cornet
Kelson has proved that I waited the return of the
detachment. The landlady of Reeves's hotel had
observed some ague symptoms upon me, and with
difficulty prevailed upon me to retire to a bed-room.
Cornet Kelso!) saw that I had not all my clothes off
at a quarter before ten o'clock. John Corfield, the
waiter, states that I could not have been wholly un-
dressed, from the short time that had elapsed be-
tween the attack on the house and my appearance in
uniform, coming down the stairs on my way to the
stables. By Mr. Kingt on's evidence it appears that
about ten or half-past ten he saw me mounted at the
head of my troop. So that taking Cornet Kelson's
statement of the time when he left me in the room,
and Mr. Kington's evidence of my being on horse-
back in half an hour after or thereabouts, the charge
will resolve itself to this,--that while suffering under
a shivering fit from the consequences of clothes.
which had been wetted repeatedly during the pre-
ceding 24 hours, I retired to change. That after
and not before the return of Cornet Kelson and the
detachment, I was seen by the Cornet partially un-
dressed, and received a distinct pledge from him
when he left the room, that if any thing was nn anted,
he himself would immediately report to me.
The 4th count of the third charge states, that
between four and five on the morning of the 31st
of October, when a detachment of the troop was
called out to stop the progress of the riots in Quren-
square, I permitted the detachment to proceed on
such service under the sole command of Cornet
Kelson, while I remained inactive in my quarters.
Now the fact is, that the detachment in question
was not ordered by me to the scene of the riots;
they were not in Queen-square under the sole com-
mand of the said Cornet, and I did not remain in-
active in my quarters. 'But, on the contrary, I re-
mained at quarters, with ten or twelve men as a re-
serve, by Colonel Brereton's express orders, and
marched off a detachment under Cornet Kelson,
desiring him to go to College-green, where Colonel
Brereton and a Magistrate would join them, and if
there was anything to do I was instantly to be in-
formed. They proceeded to Queen-square from
Collegi-green, under the immediate command of
Colonel Brereton. As soon as they were ordered
to act, I was sent for, and lost riot a moment in
bringing up the remainder of the troop, and.putting.
myself at their head. We afterwards frequently
charged the mob, and greatly contributed in quell-
ing the riots.

To come now to the concluding part of these
charges, which insinuates in general terms /that
throughout the period of the riots there was a want
of activity and vigour requisite in the situation in

which I was placed, almoit approaching to a sympa
thy with the rioters, I propose, with the permission
of this Honourable Court, to call Major Mackworth,
Major Beckwith, and the Officers of the 14th Light
Dragoons, to state their opinion of my conduct when
they saw me employed during the riots. I propose
to put in several testimonials of officers under whose
command I have been. Among them, those of
Major-General Sir John Brown, Colonel the Hon.
George Abercrombie, Colonel Story, Majors Mann-
sell, Hadden, and Frazer. I have also testimonials
from two gentlemen who had frequent opportunities
as Magistrates in the South-west District, of ob-
serving my readiness to co-operate with the civil
power. One of those gentlemen was that distin-
guished officer General Sir Hussey Vivian, the other
Sir William Heathcote, one of the most active and
able Magistrates in the district ; that gentleman or
some other Magistrates invariably accompanied the
troops when called out to quell riots.
I have many apologies to offer for having so long
trespassed on the time of this Court. My anxiety
may have led me to do so at greater length, from
regard to the gallant regiment to which I belong,
from the recollection that my father and brother
are soldiers, that my grandfather, great-grandfather,
and almos► every male relation and connexion, for
some centuries past, have held commissions in the
British army. In conclusion allow me to add, that
no one can more deeply deplore the excesses that
occurred, and the calamities that followed the dis-
graceful riots in this city, and I confidently hope
that my conduct will in no way be considered as in-
curring accusations against me.
The following letters were then put in .—From
Sir Hussey Vivian, Sir William Heathcote, Major-
General Sir John Brown, L;etit.-Colonel Storey,
Lieutenant-Colonel Abereromby, Major Hadden,
Major George Maunsell, and Major John Frazer.
All these letters spoke in the very highest terms of
Captain Warrington, both as an officer and a gentle-
man.

The first witness called was Cornet Kelson.—Examined.

Did you hear Colonel Brereton give any orders to
Captain Warrington, when he was marching into Blirol,
on Saturday morning, the 29th of October ?—I did.
State what they were.—l heard Colonel Brereton tell
Captain Warrington that he was going to remain with
the 1 Ith Dragoons in the Cattle-market; that all orders
would come to Captain Warrington through him, Lieu-
tenant-Colonel Brereton. Some further conversation took
place, which I do not recollect sufficiently to repeat.
No question in cross-examination.
Private Thomas Denny examined.

Did you hear Colonel Brereton give any orders to
Captain Warrington as he was marching into Bristol with
his troop, on Saturday, the 29th of October ?—Yrs.
As nearly as you can recollect, state what those orders
were ?—lf in case the troop should be wanted, or any part
of it whatever, he was not to turn out without an order
from Lieutenant• Colonel Brereton, or a requisition signed
by two Magistrates.
No question put in cross-examination.
Private William Cole examined.

Did you hear Colonel Brereton give any orders to Cap-
tain Warrington, as his troop was marching into Bristol
on Saturday morning, the 29th of October ?—Yes.
State what those orders were ?—He told Captain War-
rington not to mo►e his troop without orders from two
Magistrates.

Do you know whether any person called at Leigh's
stable on Sund ly night, October 30, between ten and
twelve o'clock, to a.k for the assistance of Captain Warring-
ton's troop?—Yes, three persons.
Did you hear Captain Warrington refer those persons to
Colonel Brereton at his quarters'—Yes.
Did Captain Warrington express his readiness to go out
wilt the troop if he had an order from a Magistrate to do
so ?__Yes.

No question in cross-examination.
Private Bromley examined.

When Captain Warrington's hoop was marching into
Bristol on Saturday morning, the 29th of October did you
hear Lieutenant. Colonel Brereton give Captain Warring-
ton any orders ?—I did.
Stive what those orders were.—As Captain Warring-
ton's troop was coining over the bridge, I heard Lieu'.
Colonel Brereton, when near the g.ol, tell Captain War-
rington that he should nut have an opportunity of being
in the immediate vicinity of where the troops were
stationed, as his duty would 4,11 him to a different part of
the city. He (Lieut.-Colonel Brereton) should keep up
a continual communication with the magistrates: he
ordered him not to take out his troop or furnish any
parties without an order direct from him, or a requisition
signed by two magistrates.
Serjeant 11I'Leod—Did you see the Doddington troop of
yeomanry in Bristol during any part of Sunday, the 30th
of October last ?—Yes.

At what hour, and where ?—I saw them form in front
of the Recruiting-office i❑ College-green, on or about
eleven o'clock on Sunday night.
By the COURT—Do you know the strength of the yeo-
manry ?—No.
This closed the evidence on the first charge.
Serjeant Deane examined.
Did you see a note delivered to Captain Warrington on
Monday morning, the 31st of October, at Leigh's Bazaar ?
—1 did.

At what hour ?—To the best of my recollection about a
quarter before four o'clock.
Did you hear any conversation between the bearers of
the note and Captain Warrington ?—I did.
State what passed ?—When the gentlemen brought the
note, they asked me for the Commanding Officer. I
thought they meant Captain Warrington. I directed them
to the stable where lie was amongst the horses. Captain
Warrington requested me to go and get a light. I went and
got a light, and he then read the note. He told-them he
was not the Commanding Officer, and requested them to
take the note to Colonel Brereton at the corner of College-
green ; and that they would be sure to find him there, at
the District-Adjutant's lodgings. They then said that
they had been looking for him (Colonel Brereton) three-
pcarters of an hour or better, and could not find him. He
then expressed his willingness to act if he could get a proper
order, or be accompanied by a magistrate. One of the
gentlemen then said he would expose Colonel Breretou's
cunduct in the public papers.
. _ .

After the receipt of the Mayor's fetter, and before the
detachment turned out to go to Queen-square, did you see
a Migistrate call on Captain Warrington for assistance ?
I saw a gentleman talking to Captain Warrington about
the services of his troop, and Captain Warrington told him
he was ready and willing to act at any moment, if he could
only see a Magistrate. Ile said "lam a Magistrate."
Captain Warrington said " then accompany me." lie
hesitated for some time, and asked Captain Warrington it
that was according to regulations? Captain Warrington
said it was, or an order signed by two Magistrate,. He
then requested Captain Warrington to go with him to
Colonel Brereton. As Capt. Warrington was going away
with him, he ordered every man to stand by his horse.
Did Captain Warrington show a willingness to go to
Queen-Nuare in case_ he had_ 4.,panet!authority for that
purpose?-..-11e did.
Did the person who had represented himself to be a Ma-
gistrate offer to.go with the detachment ?—rdain't' remem-
ber that he did.

No question put in cross-examination.
Serjeant-Major Marten examined.
This witness gave evidence to nearly the same effect as
the preceding.
This concluded the evidence on the second charge.
Private T. Lewellyn examined—Were you one of the
party which accompanied Cornet Kelson to the city gaol
on the afternoon of Sunday, the 30th of October ?—Yes.
Did you hear Captain Warrington give Cornet Kelson
any orders as to the place where the detachment was to
go to, and from whom he was subsequently to receive his
instructions ?—Yes. He ordered Cornet Kelson that ha
was to march his detachment to College green, and to form
them there, and to wait for further orders from Colonel
Brereton.

No question put in cross-examination.
Thomas Darrell, Esq., examined—Did you accompany
Captain Warrington to Colonel Brereton's lodgings, in
Unity-street, on Sunday, the 30th of October, between
seven and eight o'clock in the evening ?—I did accompany
an officer from the front of Reeve's Hotel to Unity-street,
between seven and eight o'clock that evening, but I do not
know that it was Captain Warrington.
Did you hear any conversation take place on that occa-
sion between the officer whom you so accompanied and
Colonel Brereton ? If so, state what it was.—l did hear
a few words. When I went in with the officer, I asked
fur Colonel Brereton. I went in. Major Eleard was
there, and the Adjutant and Colonel Brereton. The officer
I went with asked Colonel Brereton what was to be done.
Colonel Brereton replied, " I don't know ; I have had no
orders." I then left the room.

Did you hear the officer whom you accompanied inquire
of Colonel Brereton whether he had any orders for him ?
I did net.
Can you recollect whether Colonel Brereton's expression
was, " I have no orders fur you, or I hare no ordtra?"--

He merely said, " I do not know what's to be done ; I have
no orders."

No cross-examination.
Thomas Pomfret examined, servant of General Pearson.
Did you see Captain Warrington call at Gen. P. ar.on's
on Sunda) evening, the 30th of October ? If so, state at
whst hour.—Yes, as near as I can recollect, between six
and seven.

How long did Captain Warrington remain with the
Genet al?—About four or five minutes.

Do you recollect what sort of weather it was on that
night ?—lt was a wet night.
Cal tain Warrington here said, that at this part of his
defence it was necessary for lion to call upon General
Pearson. The General was exceedingly ill, and hr therefore
begged to tender an affidavit sworn before a 11+gistra►e,
which he had just received from General P. arson.
Sir C. DA I.IIIAC said, that upon looking at that affidavit,
th-re were facts sta ed in it upon which he should wi•h to
cross-examine General Peat son, and therefore he could not
admit it to I e read. It wit; therefore put to Captain War-
rington whether or not he considered this evidence of
General Pearson as material to his defence, as a inedicAl
gentleman had stated that his evidence might be taken at
his house to-morrow.

CaptainWarrington having consulted with his friends for
sometime, stated that Mr. Newman, the Magistrate be-
fore whom the affidavit was sworn, was now in Court,
and if called upon, would state his belief that General
Pearson was in that state that he considered he would
not be able to give evidence, as he was delirious, he would
therefore withdraw the affidavit.
The PitEsIDEINT had no doubt this circumstance would
be in the memory of every member of the Court when
they came to consider their minutes.
Martin Dewling examined.

Did yo❑ receive any orders from Cornet nelson on Sun-
day night, the 27th of October to go to General Pearson's
for Captain Warrington ?—I did.
At what hour, arid what were the orders given to you ?
—About eight o'clock. The orders I carried were to
roll Captain Warrington to return immediately.
Did you go direct to General Pearson's ?—I was di-
rected to Somerset-house by mistake, and I was then di-
rected to Somerset-cottage.

When you got to Somerset-cottage, did you find Capt.
Warrington there ?—No.

Did any person at General Pearson's, at Somerset-
cottage, say how long it was since Captain Warrington
left the house ?—The servant told me he had left some
time, but he did not say how long.
Did you r, turn direct to the Horse Bazaar from Soma-
set-cottage ?—I did.
As nearly as you ran recollect, what was the hour at
which you saw Captain Warrington at the Horse Bazaar
after your return from Somerset-cottage?-1 saw Captain
Warrington about tune o'clock, as near as I can recollect.
By the COURT—lli,i Captain Warrington go to Somer-
set-cottage on foot or on horseback ?—Captain Warring-
ton begged to admit that be went on foot.

John Coortield, waiter at Reeves's Hutel,

Were you sent for some medicine for Captain Warring-
ton on Sunday evening, the 30th of October ?—Yts.

Cornet Kelton examined.

Did Captain Warrington absent himself from his
quarters at Reeves's Hotel, as far as you know, at any
time during the Bristol riots, except when on duty, or
when he told you he was going to General Pearson's?—
Not at any other time.

Did you observe that Captain Warrington was ill on
Sunday evening, the 30th of October ?—I did.
By the prosecutor—At what hour was it that you ob-
served Captain Warrington to be unwell ?—Captain War-
rington complained of being unwell at my return from the
gaol about fire o'clock that afternoon.
By the CoußT—Was it raining at any period between
seven and nine o'clock on Sunday evening, the 30th of
October ?—I believe it was.

Priva'e Denney.

Did yliu hear Colonel Brereton give any order to
Captain Warrington, on the morning of Monday, the 31st
of October, between the hours of three and four o'clock,
at Leigh's stables ?—Yes.

Suite what you heard ?—Colonel Brereton was coming
on horseback after Captain Warrington; he called to Csp-
'ain Warrington and ordered him to get his troop out
immediately, or part of it. Captain Warrington said be
wished for the whole of the troop to go with the Captain
himself, Colonel Brereton said, " No, you shall remain
here at the Bazaar, with a few men, as a reserve. Captain
Warrington said I would much rather go out myself.
Colonel Brereton said, " No, Captain, I tliink you are
very much fatigued and want some rest, you look very
poorly." Captain Warrington replied, that he was no
wore so than Mr. Kelson and the rest of his troop. Colo-
nel Brereton rode off instantly and desired him to take
his advice.

Were you at that time sentry at the lower end of ti •
yard ?—Yes.
At which entrance of the yard were Colonel Biereton's
orders given ?—At the lower end.
No cross-examination.

Sir C. D'ALuiac here stated that She evidence of this
witness went compleitly to destroy and invalidate a chain
of evidence which he had produced before the Court,
which he thought incontestable. He therefore submitted
that he might be permitted to call fresh evidence, in sup-
port of the transactions that took place between four and
five o'clock that morning.

from
A petition Nottingham and its vicinity
has arrived in town, signed on Sunday by 17,000 persons
in twelve hours. it is addressed to the House of Corn-
in,,ns, praying the House to petition the Crown for an ar-
rest of execution, on account of the innocence of the per-
sons convicted, and praying for an inquiry into the nature
of the evidence, upon the ground of the precipitate issuing
of the special commission, which did not allow the pri-
soners time to procure the necessary evidence for their de-
fence. The petition will be presented to-night, but would
have been presented last night had it not been a holiday.
From the same information we learn that the Sheriff has
received instructions to prepare an apparatus to execute
five persons. The inhabitants have conic generally to the,
resolution to close their shops, and the workmen to leave
off work on that day.— Times.

we are happy to announce, has
been despatched to Nottingham for two out of the five
claimants
‘.,1
eorBA: zzzi,
)iitu,r ei reprieve, ev. e
this,
convicts : the lives of CHARLES BERKINS and THOMAS
SH ELTON are to be spared, we understand, on the recom-
mendation of the Judges who tried them.
MESSRS. JOHN MABERLY AND CO.—The
failure of this banking establishment continues to form the
town and neighbourhood, we regret that
all-engrossing subject of conversition in this part of the
country ; and deeply as it affects the many depositors and
we can give no information likely to allay the ferment that
prevails. The statement of Mr. ManeaLr's affairs, which
has been exhibited to his creditors, in the manner in which
it has been prepared, certainly shows an aggregate of
assets exceeding by 27,0001. the amount of debts; but on
examination it appears that a large portion of these debts
are heritably secured ; so that unless his property be
fairly valued, of which there are great doubts, the heri-
table creditors will draw full payment, and leave the per-
a final creditors minus.—Aberdeen Journal.
Dn. JOHNSON AND LORD BYRON.--Mrs.
Piozzi, on the authority of the " Great Leviathan" him-
self,
oot,N,
ot,ntshhte,:etace
sofwoprlhyle.o:i
authority
einhnd(eig tmbi
yiaaanott: anecdote
Ice
oodhrooaoi
srrti
t.esfiEe
Drl oysi
coarsely
; uhtaahinsyedl Di
fhefoaocvor declamationt Doctor's
nregt 'rhshl
given
i'Nv'Hefionebar
wrote sidi
Noble
declamation," which, in circumstance, is strikingly similar
Master of Harrow School :—" Ile told me too," says Mrs.
into the hands of the tutor, who stood to receive it, was
obliged to begin by chance and continue on how he could,
for he had got but little of it by heart ; so fairly trusting
to his present powers for immediate supply, he finished by
adding astonishment to the applause of all who knew bow
little was owing to study. ' A prodigious risk, how-
ever,' said some one. ' Not at all (exclaims JOHNSON) j
no man, I suppose, leaps at once into deep water who
does not know how to swim !""—" The circumstance to
which you allude," says Dr. DRURY, " As to his (Lori
13yit9si's) declamatory powers, was as follows :—The
upper part of the school composed declamations, whia,
atter a revisal by the tutors, was submitted to the master;
to him the authors repea.ed them, that they might be ins.
proved in manner and action, before the public deliver:.
1 certainly was much pleased with Lord BYRON'hattitude,
gesture, and delivery, as well 39 with his composition.
All who spoke on that day adhered, as usual, to the lettr
of their composition, as, in the earlier part of his delivery
did Lord BY RON. But to my surprise he suddenly d-
verged from the written composition, with a boldness a.d
rapidity sufficient to alarm me, lest he should fail in re-
nn yas to the conclusion. There was no failure; he emote
round to the close of his composition without discoveng
any impediment and irregularity on the whole. I qts-
tioned him, why he had altered his declamation ? Is
declared lie had made no alteration, and did not knowin
speaking, thit he had deviated from it one letter. Ire-
lieved him ; and from a knowledge of his temperamentin
convinced, that, folly impressed with the sense and ib-
stance of the subject, be was hurried on to expressionnid
colourings more striking than what his pen ball expreor