The Sun.
London, England, 1826-08-18 00:00:00

•
-ft

PRICE ID.

trust, my Lord, your Lordship. will aid us in that object, by not
separating these proceedings.
The Learned Counsel handed in his affidavits.
Mr. Justice Panic—ln strictness these affidavits timid be
now read.

Mr. Scatuar.rr—We have no objection.
Mr. Juitica PARK—Then let the affidavit be read.
Mr. Hopkins, Clerk of the Course, then proceeded to read the
following affidavit

" The Xing against William Wakefield indicted with Edward
Gibbon Wakefield.
"The Xing v. William Wakefield, indicted with Edward Gibbon
Wakefieki, Edward Thevenot, and Frances Wakefield.
" William Wakefield, of Reading, in the county sif Berk', Esq , one
of the abovemamed defendants, and Joseph Denison, of Manchester, in
the county of Lancaster, attorney for the abovesnamed defendant,
William Wakefield, severally matte oath and gay, And first this deprs^
vent, the said William Wakefield, Or himself, ;with, that two several .
indictments have been found against him, this deponent, by the Grand
Jury for the County Palatine of Lancaster, at the present aillittn,
holden in and for the said county, for a misdemeanor, in one whereof
he is chis!ged under a certain statute made iii the fourth and fifth year
of the reign of King Philip and Queen Mary, with assisting in the
taking:od conveying away one Ellen Turner, and procuring her to be
married to the above-liarned Edward Gibbon Wakefield, contrary to
the form of the statute ; and in the other of whith indictments, lie is.
charged with conspiracy with the other defendants therein mentioned,
to nrocilre by unlawful means, the said marriage to be effected I to both
'which A . indictment.' lie, this deponent, heti) pleaded diet he is not
guilty t event, run he is advised by his counsel that he may be tried
upon t e first of the same at thews ass_lees„ And thin depengtits further
rat
seal, t ' from' the time of the alleged' commission of-the offender
with which hi' has been charged as aforesaid, down to the middle of
.June last, various paragraphs appeared in a certain paper,. called the,
Nlacistkaeisam Cot-sue a, which as this deponent has been informed, and
believes, has an extended circulation, and la generally read in many
parts of this county, giving .an unfair and untrue statement of the facts
relating to the same alleged (Aimee, and tending in a very high degree
to inflame the mind of the public against this deponent; and in proof
of this, he, the deponent, 'craves leave to refer to a copy of a paragraph
from the MAcCLIonrIKLD Coustee of the date of the 10th of June, I'M,.
marked with the letter A, and hereunto annexed. And. this deponcot
tbrtheesaith, that he bath been informed, by his brother, the said Ed-
ward Gibbon Wakefield, and which information he verily believes to be
true, that it is his intention to apply to His Majesty's Court of Kingls
Bench,' at Westminster, for a writ of certiorari, to remove the said two
indictments, as found against him the said Edward Gibbon Wakefield,'
and to bring the same down to trial, at the ensuing Spring Assizes, be-
fore a special jury of the county of Lancaster ; and this deponent, the
said Joseph Denison, for himself, saith, that he is informed by his
Counsel, that severer questions of great nicety and difficulty, in point of
law, :tie likely to arise upon thefttial of the said indictments, the more
parieularly as be is informed that no prosecution has taken place under
the said Statute of Philip and Mary for a via) long period of years, and
that there are few if any, judicial decisions upon the said statute; and
the said deponent; seyerally say, that, tor the reasons above stated, it
is extremely desirable and they are very- anxious, Mat the trial of this
deponent, the said William Wakefield, maybe postponed to the ensuing
Spring Assizes, in order that there may be an appeal to the Court of
king's Bench upon any question of law which may arise, and that there
may be time for the ferment at present existing in the public mind to be
allayed, and that the Investigation may take place before a jury whew
superior rank and station in life may protect them from any popular
prejudices. And these deponents severally say, that since their arrival at.
Lancaster, during these assizes, they have far the first time ~ learnt, arid
been informed, and which information they verily believe to be true,
that Richard Radnell, of .Ashenhurstshall, in the county of Stiffer*,
Esq., can give material evidence for this deponent, the said Willifith
Wakefield, upon the trial of the said indictments, but that the said
Richard Radnell is now absent in France, from which , place he is ex.
peeled to return in the course of a few weeks. And these deponents se.
verally flirther say, that from the circumstances above mentioned, it
was impossible to serve the said Richard Badnell with a subpaasi to app
pear at the present ,asaisess ba, that they verily believe they shall be
able to Procure his attendance at thp assizes to be holden, in the ensuing,
spring: And this deponent, the said William Vi'akefleld, for himself,
saith, that he is informed,ainct believes, that on or about the 2d day of
August, instant, collies of subprenas were sent .to . Mrs. Hurt fatWcil,
Miss Harriet Hoare, and Dominick laaly, Esq., who were at that time
in France, requhin their attendance: at tie present assizes on behalf of
this deponent; and this deponent had reason to believe, irom the an.
livers sent to hiln by the last mentioned peruia, and did Slily believe
and expect, that they would have attended, .in pursuance of the said
subeeenas, but that- neither the said Mrs. Hurt Sitwell nor Harriet
!Ware have yet arrived. And this, deponent fitither sant), that be verily
believes and expects that the said Mn.s Hurt Sitwell and Hataiet Hoare
will be in England, where the said Mi. Hurt Sitwell usually resides, in
the course of .the ensuing winter; and that he, this deponent, wUI. be
able to procure their attendance at the next a.ssizes. And this deponent
further saith, that a letter has been received from the said Dominick
Daly, in which he stated, that from a paragraph which he has read in
the Sex Newspaper, he : understands that the trial of.this deponent
would-not take. place at the present assizes : that in consequence thereof,
lie should not attend ; but this deponent verily believes and expects that
he will return to England in the course of a tow weeks, when he shall
be enabled to enforce his attendance at the next assizes. And this de
ponent says, that he has used all the diligence in his power to propure
the attinutatiee of the said Mrs. Hurt Sitwell, Harriet Hoare, 444 Do.
minick Daly; and both these deponents severally say, that the? have
been advised by their counsel, and they do believe that the said last seen-
tiOned persons, mid aiso the said Ito hard Racine% are material and ne.
(misery seitnesees for the said 'William Wakefield, Ansi that without
thatr evideritie. he eapsset 6.1b1y procoori to the trial of the eaid indict-
.
mesas, or eisher.tif miens.
.4 W11.,C1 A AI 'WAKES TELD.
" Jelsell'lll fiXtelsON.

.lu,tiee Pkiik took TlrOtiot of the material point, of the of
fidavit, particularly where the deponent Algid he had first heard of
the inaterialitY of Mr. Hadtiell'sevidenee. In allusion to the alle•
gation that the vritnessem were in France, his Lordship asked—
" Does he say that he expects letters from them ?"
The Clerk reads—He expects them here, but they are not yet
arrived.

Mr. 'Justice PARK, (to Mr. Scarlett)_Do you wish that the
paragraph in the neWapaper (Sin)' eihould he read ? If it is read
here, it may serve to propagate the report which this party alludes

Air. Sea Larr--By no meant, my Lord.
Mr. Justice Pang—Then, Mr. Attorney, I will hear you.
The ATroliNsv•-Getetitax.—.-My, Lord, it is my duty to con-
tend before you, that the application made by my Learned Friend
the Attorney-General (Mr. Scarlett),, cannot be supported either
with reference to the Statute to which he has referred, or to the
affidavit* which he has handed in. In the first place, I beg leave
to call your attention to the situation in which the defendant now
stands. So far back as April last, application was made to the
King's Bench, to admit him to bail, with xeferenoe to the mat-
ter with which he now stands.charged. Upon that occasion he
appeared personally in the Court, end the whole subject of the
charge ageinet him was investigated in' his presence. It appeared
by the statement made, on oath of several persons, that he with his
brother, by imposition and fraud, obtained possession of the per-
son of the young lady mentioned in the indictment. It further
appeared, and was stated in his pretence (which is material for
your Lordship's consideration); that by a succession of falsehoods,
which I will not now eheracteried, they persuaded that young
lady to go with hiM into Scotland, and that by that system, and
by working upon her feelings in a particular way, they persuaded
her to contract a marriage with his brother. It appeared further,
that by the same persoasions she was induced to go to Francs, and
that it, was by the exertions of her tether's relations and friends,
that she was recovered from those who had obteined possession of
her person. All of this was stated to him in detail, as the sub-
stance of the charge against him. So far hack as April, there-
fore, it was discussed in the Court Bench, whether the
offence charged upon this pereon was not a felony under the statute
of Henry the Seventh, because, if it was, that Court could not
admit hint to bail. But after discussing the. matter, the Court
decided that it was proper to admit him to hail, and he was ac.
cording)), brought up for that purpose, end discharged upon giving
bail satisfactory to the Court. But upon that occasion, et my
suggestion herein the Court, a particular form of recognis-
ance was entered on his behalf, by. which he undertook to
appear here and answer, pot this particular charge.under
the statute of Philip and Mary, but any other indictment
which might be framed upon these facto. These fact_ will
be eXhibited in Affidavits before this Court, I mention them now
his defence. It is in this way,
to show yotu' Lordship that the individual now accused had had
ample opportunities for preparing
meet the argument of my Learned Friend,'Mr. Scarlett; who
gtriiveed
by a pesttpyrcial Jury.
Some observation has been made upon
to your Lordship to accede to this application, in order to
les
an opportunity of applying for a certiorari to be
a late Act, which was made for the wise purpose of preventing
those delays, which formerly occurred in eases of misdemeanour.
My Learned Friend seems to think that under that statute, he had
no opportunity of applying for a certiorari. But 'it it every day's.
where ninny persons are charged misdemeanour for
one to apply
for a certiorari, and the Court will grant the writ to
practiee,
that one, though in the application, `the others -do not. join. In
an instance of late occurrence, where 'My Learned Friend, Mr.
Brougham was concerned, severe' parties had been indicted for
conspitech but one only applied for the writ; Objections were
made that the other' -did not join in the application, hut the
Court said that consideration should not fetter their discretion,
fvr that they would grant the certiorari if upon other grounds
they thought fit. Mr: Scarlett has said that this statute
was `not framed by lawyers, as must appear by 'looking
at its provisions. Now whether it is so or not, Ido not
think, with submission, that material to your Lordship's consider.:
ation. Your only inquiry, 1 apprehend, 'is whether or not Wm.
Wakefield had opportunity enough to apply for a certiorari. Nei•
ther does it matter, whether it he neeeseaey to make the applica4
tion for that writ in Term time, or not. What is certain is, 'that

ranl)Z4M
this matter took place, ;ast Chrnitmas—that Twr terms have gone
by since then, and that the defetidant might have had a certiorari,
for a special Jury if he thought fit, If he had thought proper to
apply for it, it would be for the Court to say whether or not they
would accede to the application ; but Mr. Scarlett speaks too
strongly in stating that it is a matter of course to grant it. The
Court will in this, as in all other cases, look at all the circum-

►stances, and will ray whether it is a case for a certiorari or not;

, .
but it was a euilicient answer to that arguinent to say that file
s
defendant had had time enoof
h to apply for the writ if he thought
proper. This he has no ue ; and therefore, upon that point,
there is no ground for pos fling this case. My Learned Friend
says, he could not get a Special Jury, unless by removing the cause
by certiorari into the King's Bench. But by a late Act of Par.
lisment (6th Geo. IV., sect.' SO), the defendant might apply to
your Lordship, sitting here as Chief Justice of the Courts of the
county Palatine of Lancaster, to grant a Special Jury in any CASA
under treason or felony, in the same way as if the application bad
been made to the Courts above. And indeed, it had Non the
practice of this Court so to award Special Juries of its own au-

thority.lr justice
Mr. Scautarr—By what authority?
Pmax—l certainly, as Chief Justice of this county
Palatine, can remove- a cause by certiorari into the Court of
Common Pleas of this county. And Mr. Attorney.Getteral (Mr.
Searlett), high as is your authority here, you are, perhaps, not
aware, that I do Eso, not by my commission as Judge of Oysr and.
Terminer, but as Chief of all the pleas of the county. I will,

however, question the officer on that point.
Mr. Horxtne bore teatitnony, that for sixty beer• it hid been
the practice to grant writs of certiorari for Special Juries by the
Judges of this Court on their individual authority.
Mr. ASPINALI., a preceding officer of the Court to fib. Hop.

kills, spoke to the tame purpose.
Mr. Scaas,Err—Cartainly, my Lord. I recollect when Chief'
Baron Maedonald wee on this Circuit, and your Lordship wee
Vice-Chancellor of the Duchy, that I applied for a certiorari to
remove the cases of the rioters at Ulventon into the Civil side,

the ea le was tried on the Civil side.
Mr. Justice Paul—Then tbere must have been a certiorari.
Mr. Scatreterr—Certainlyiony Lord.
toillShlrt.lAlitex:pttp;ved.Gfottretietenfiares—t
iTohetnhe, mKiy Log,obrd,
i3„ictii,istopidlattit;ity
thio
the Court before your Lordship. The argument, therefore, that
this is a proper case for a special Jury, but that the defendant bed
not h
has ieatdtthheetoimppeor;Lun,itztdofiatpispinyontif
tfooor
late to ottrigtorsttihrbersatatitoibeie4e.
tion. But says my Learned Friend, "' You will surely poetpents
this cause, because of the complexity and difficulty of the questene
at' besue.". For myself; I must say that, looking at the language'
of the Act of Parliament, that appears so plain, that I rennet imee
'sine its interpretation to be attended with so much difficulty.—
'Beeides, if any very novel or great difficulties occur, why may not
your Lordship reservii these points for the grave consideration of
e "superior Court above, as has been done in other Cates ? 'That
rheoruLp'da'rtthoefrethtberec'asfea,iltst.hthicebdmefeyndLaenatrnael4so.priettl u°
to, but which forms a prominent part of the affidavits read in
dl7;iecontnoteattiveo aurtecld.
Court.: It appears that some time ago an article appeared
in a newspaper printed in another county, in which the
view taken of the subject was disadvantageous to the ties
fendant'it conduct. That paper is the Macclesfield Cowie,.
—a paper printed seventy or eighty miles front this place, .
'and which will be shown to your Lordship to have but
a partial circolation in this county. This article appeared as
far back as June last, and was, besides, (what is most impoitant)
in reply to an article in another paper of the same Plate commen-
datory of the conduct of these parties. One wonders that nn
making this affidavit, the gentleman did not state that he had
'nothing to do with, and was not connected, either directly or in-
directly, with the article which was so much its favour of the de-
&attune, which it was competent to hint to do. Another circum-
stance to which I would draw your Lordship's attention i*
the defendant complains of ,the mode in which the public press
has treated this subject. But what will your Lordship think of
this defentlaist thus complaining, if we should show, as we shall
Show, that they caused a long account to be inserted jai simblio
newspaper (John, Bull). of all these proceedings, in whitth. he
threw out the basest in/initiations against the character of the
young lady, but which article be afterwards disavowed when he
found the disgust which it created in the public mind, *hail
show that le statement was published by the authority of a re-
lation of his now in Court. That E. Gibbon afield adopted
it, and sent a copy of it, with a wrappevin hisliand-writing, to
Mr. Turner, the father of this . young lady. What, then
my Lord, is to be thought of his complaints of the. public
Press, when we find him making this infamous use 9f it
himself? Another reason for postponing the trial is, that
a witness, named Daly, is not forthcoming, because, 'for-
sooth, he had read a paragraph in a newspaper, that the trial
was postponed. We all know what these artieles allude to. Why,
time not Mr. Wakefield sworn, that lie knows nothing of thus pa-
ragraphs, and that he is not the author of them ? The absence
of this material allegation takes all the force from this part of the
objection, with respect to the public prem. But afttA. all whit its
it, but that two months ago, an article appeared' in a Macchia-
field }taper, reflecting on the conduct of Mr. Wakefield, a paper
nLoOr‘Plarlinsipte‘'slawttietnhitinonthti: ts.eloicuiriuty 2
aterialß;rit ol'fowthewaiffishdafie)idtirweltieyloi titer
the absence of material witnesses' to the defendant's ceuse.:'
particular I allude to the allegations respecting Mr. Bagenal, .a 4
lady named Hurst Sitwell, Miss HOMY, and Mr. Dominick Daly.
But I pray your Lordship to look at the way in which these
affidavits are sworn, and say whether that is such as to post-
pone this trial. Of Bagenal these deponents say, that ;they
bad not been informed of it till since the commencement of
these Assizes; but that " deponents have been infoemed, lead do
believe, that these witnesses would state something %mete-
rial to the defence." This was very vague swearing, namely,`
their being informed that these witnesses could state acenetbiiiig
materiel. They go on to say they " understand and believe, that
these witnesses are now in France," hut they do not, state that
they had not taken the usual precautions of making inquiries at
the place of residence of the absent witnesees. With respect to the
Lady Hurst Sitwell and Miss /foam, they state that they bad caus-
ed subprenu to be sent to France, but this was only "on.or abont
the 2d of:August," or about a day or two before the Maims
wherias this was all known to these parties in April last. It does
not appear that the witnesses ever received three oubpatuas is
France, nor in what part of France they were. All that apPears
is, ",that from answers received, the,deponent has reason to lut•
here that they will return won, end that they are expected."
Mr. Justice PARK—There is one observation which must strike,
&very one accustomed to read affidavits. I observe that to mist of
theallegations the deponent Wakefield himself only swears, and;
that he ie not joined in them by, that very respectable man, Mr.
Denison.
Mr. ATTORW tY•GIENIERAL—Who is the pereorewhose business
it is to serve these mammas as the attorney of the party. In this
ease, therefore, your Lordship sees there is this peculiarity, that the
party himself swears to the service of .the documents which it was
properly hit attorney's business to serve.' He only says by answers
received—to what ?
Mr. Scaiterrr—Lettere.
Mr. +A,rsoauiveGessita3.—But it does not appear hu ever
wrote any. We cab only know the ease from the affidavit.. Thee*
are short, for there are only four or five aides to them, but theta
affidavits, abort as they are, have been compiled with the utmost
tare.. I win all yesterday anxiously waiting to see these affidavits,
but could not. They have gone as far as they could, and as near
the wind as possible, but still they . are not
.able to mike
nut a case. It is stated that Mi. Daly has been prti-
vented coming in comequence of a paragraph in a newspaper, but
not a word is said disclorqing the 110110"hiP of these paragraphs,
and therefore the absence of material witnesses, which is the
strongest point in the affidavits, is insufficient to postpone this
trial. I haye now gone through all these affidavits, which I aP-
prebend do not disclose sufficient grounds for putting off the. trial.
In a criminal indictment for misdemeanour, we, the pia-
oughtutin
toevery proceed,
i t:
and
this is
is
mouton, have a right to try each separately, unfree
some very strong case be made nut for postponing the trial.
B—
prfoocr-teydoiunr L
g, lordsurioit
ttohaltaythiieheetiheseil
grounds strong enough have been adduced for postponing it, and
thereby in some degree defeating the' justice of the ceentrY-
Mr.' Juetice PARK now desired the affidaviti fix- the prosecu-
tion to he read:.

4 E. G. .Wakefiald.
The king v. Win. Wakefield eto .
Wakefield. The King v. Wm. Wakefield and Frances Wakefield. c hatievant.
„„d' old, in the county of
uzit ~,,..
Thomas Grimscliteb. of Afeett,----„h"e named detendant ie. • t gai
maketh oath and midi, that t 'l7-"iyieudis, have, at, this ddi ,hottiiin..t.
field and Wm. Wakeheiti,q th.o., caused tasty paragrallTimbegt.„,.
been informed and verily r.t...mtamion? shims antrotair an.....,it ersit.„.
ed in different newsp*Poro "'
.....weet,reatter of these ttiveastitraA'h, mdfltt,
merit regardinit the --n-t-Ipeared' in a newspape_oo `0716, a men Ad
fatly in a statement fvfi e
ort to shout the Vilna toot aftevaut.
called the Jon* Iltett,ild, wukth ,aid 0-Atontent thlniir,,,Atintry roma-
deponent bath isoon*Za the t jomion tout wroth dsoponent . inciter
taw and read in 1774ru of the ktritoom, mi
~. .004 the said f.. ti, Wake.
papers,....hf tah.,'"7l wars MR:trifled ati...,,,,,d tletii.rt.. oa printed and publialitoft
'la,,,i,tr,_al;io-sitie hist Mentiptiett "ifiTirondet the title Or'. A *tate-
-- -'- 1, ` d extensively eiredls t.., tt waheiteiti . Kv...
__,,
tot 4n latto t regarding the.snars oh that ttt. bath in t;ts
by Vitrat:l,, - F oil deponedit,tum drag to be wilted by ~ vv.
141"i„Tuitt, "—lli of the sakstraritst 'Mt: t-lave, London," to winch
itt.; • ut:tiprinter, .Rol to Iwo. And this deponent saith. that
'tit' IP en,fl:m2r,lliy,..last hc ealltxt uPee the iftid. Mr. Itioitr,
ba t ,1,1 t epon
1i..• 4 Pe of e auther of lilt eniployer ,wheti 14t
00 or at""-.......Atbe ' II v w"- theclerk to Multi Wakefield,
Hens, and d......---of the name Cl Garrod, a
produced* persou . .. -

A~

Esq., barrister at flv', the mute of the said E. G. Wakefield and Wm.
Wakefield, *he admitted to this deponent, that he had employed the r,aid
Wm. Molyneux to print the same bY the orders of the said E. G. Wake.
field, Andthis depiment for himself saith, that on the followinig day the
said Wm. Ds
said the printer, produced and showed to this deponent
a letter in the handwriting of the said E. G. Wakefield, addressed to
him in thelellowing winds and figures, this deponent having taken a
true copy of the same, that is to ,a)'
" London, May d, 1826.
Sir,—l hereby undertake to give you a bond of indemnity, or in
any other Way that you may please, to protect you from every conse.
quence that may result from your printing a paper entitled A state.,
meet of facts' flue-I,ain your obedient servant,
"'l'o W. Mid Yrieux. E. 6 WA K EFIELD."
And this deponent further wraith, that he has in his possession a written
copy of the same, and which is wholly in the hand writing of the said E.
G. Witketield„ and a letter in his hand-writing enclosed in an envelope,
and addressed itt the same hand writing in the following w0n1a...." I:rm,
,Williarn Turner Esq. &c. &-c. &c, Bhrigley Park, Macelo..
field, Mahehriter Mail." to which papers this deponent resPeet-
, fully craves leave to refer. And this rieponent further saith, that he, saw
and read in.thenewspaper called the Mitccuariato 1-teast,n, published
the week or week atter Mit one before the 10th June last, an account of
eircumittanees conneeted with the marriage of F. Wakefield with a
ward of the Court of Chant:try, of his adventures on that occasion, and
also someaccount of his father and Minify. And this deponent said that
the paragraph referred to, as having appeared in the AIsccLI:SVIELI,
COURIER of the loth of lime last, does appear to this deponent to he a
commentary or criticism upon that account, which, this deponent hash
been inf°nm,and believes', was published by the said K. C. Wakefield,
or William 1 akelield, wine of their relations, or friends, and this
deponent further saith that the town of Macclesfield is distant from Lan_
taster 73 miles Or thereabouta.

!it' 111

•
The King, v. William Wakefield and others.
Thomas GrinisditCh, a Macclesfield, in the county Of Chester, gentle
roan, matte, tb ottth and saith that Edward Thesenot, °neer the defend-.
ants In tnis prosecution, cannot lie found in England i that a warrant
has been out sotainst the said Edward Thevenot tbr, his apprehension
lever since the month ofllartti but, and that this deponent saw him it
Calais, in the kingdottSolErance, on the lath of March last; that this
4etsescent slid tin behalf of the, oresecinor (wise considerable prcrtions
to-used, and a Reationa to he made to the Government Of trance, to
give up ilia swid' ' alhevenotfor+histioe, for the offence with which
he %with charged bream of these indictments, but. that such applications
were nnsucceastlik AhriAbis deponent says he has been Informed and
believes that thirasittoF4ward Tbovenot is still in the kingdom of
France. :And thissAtaponesit further with he has seen letters in the
handwriting of 'Edward Gibbon Wakefield, one of the said deleudants,
in which he states hi residence to be Rue de in Repinal, No. bli, Paris ;
and this deponent rarye.that the said Edward Tbeventd is a servant of the
wilt Edward Gibbon tWakefield, whose usual place of abode is id France
as aforesaid. , TOGS. GRIIsISDITCII.
Mr. Serpent. Caoss fidlowed on the same side. The object
was to prevent public .justice being defeated, and the prosecutor
harassed hieuselees delay. It seemed as if the business of the
Court here was, to grant indulgence to the wilted without re-
gard to.public justice. The prosecutor were here from the first
day of the Assizes, waiting the will of the defendants, and it
would aer!ift, that it rested with these latter now to say, whether
they would be tried or not. Mr. hcarlett had said that the ohs
sect of the prowl:Auer was to have the satisfaction of two trials,
but who could suppose, that from such proceedings as these, Mr.
T. could derive any satiefeetion ? Its had been driven to the pain-
fid necessity of inetituting these proceedings, not by any conduct
of his owe; hut. by the conduct of the defendant. Mr. Scarlett
said, there would be another trial. Who can tell that? Who
knows that the defendant May not, withdraw himself out of the
reach of the jori,tdiction of the tribunals of this canary? It hap-
pens, in fact, that his listed place of domicile is out of the country,
If this defendant can thus put off his trial, there is not another
defendant, or priseneeat therm .Aasizes who may net do the saint ?
What ! it the,. prosecutor to be again called here to repeat in the
face of the public the, circumstances of this nauseous and disgust-
ing easse ? I hope, my. Lerd, y9ll will not entirely overlook the
feelings of the prosecutor, and that if you,do postpone the trial,
it will be upon undoubted lane, and for good reasons. Let
look at what the defendant is charged with in these indictments..
Mr. imitate raniceseSay rather "this' indictment, because he
supposes himself liehle to he tried only upon one.
Mr. Sceeeere•r—That is my opinion.
Mr. Sergeant Ceoss—Mr. Scarlett has said that there are dif-
ficultiesein this case, from its novelty and its extraordinary cir-
cumstances. But Ido not. see tbat,there are two indictments, one
elven an ancient statute, which Mr. Scarlett thinks so difficult,
that it would require thetweive Judges of England to interpret it.
Mr. Justice PARK—No, brother Cross, lie said, the four
Judges. . •
Mr. Sergeant Cm-pis—But admitting some difficulty to exist as
to one indictment, what says my Learned Friend to the.charge of
conspiracy, of which he has not said one word ? To that, there-
fore, there is no objection ; lint if we take that case, the difficul-
ties ender the statute.are not so material. Another' ground is,
that the defendant has been taken by surprise. Can that be said,
when it is five months since the offence was committed, and. four
ranee, as.the AttorneyeGeneral stated, the defendant wa. fully ap-
prised of every thing connected with the charge ? The next
ground if, ,the absence of material wit:memo, .1 beg of you, my,
Lord, to consider whether this application. is not, now made Ate
mere purpose of delayt and -whether any boanifida grounds-have
been urgeditemiliport 'ileitis application ?. Not a criminal tried
at these Malta* who cosdtl,liotr allege grounds as strong as these for
poopoking his trial.
Mr. inatiCa PAaw..-To he sure they could.
The Learned Sergeant concluded by reading the words of the
clause in the. Act of .Parliament, by which this Coact Was autho-
rised to grant a Spettial Jury. to -a party in a criminal case,. and
concluded by praying his Lordship not to delay this trial, as
thereby there would be a danger of:defeating the justice of the
country. •
Mr. SCARLETT observed that this was theinactice under the
old law. •
Mr. leek*, Pectic---And you might have applied for a cerilo-
rari in this Court.
Mr. Wiemeate, tin the time aide, said, that, without refer-
ence to the- feelings of either party, which had nothing to do with
this application,' the defendant enuld nut traverse hie Lordship's
judgment, unless upon the strongest arid ~fullest grounds. Ile
was by law bound to be put upon his trial. Within his own
(Mr. W.'a) personal knowledge, a east similar to this occurred-e.
(Mateeey v. Johnsinr)---where the same objections were raised ;
but the party was obliged to go to trial. This took place in the
neighbouring palatine county of Chester. As to the absence of
Bagenal, it was not stated • that his usual residence. had been
searched, sir that it Wan impossible to bring him into Court. With
respect to Isle being tried bye Special Jury, lie (Mr. W. 4) was of
opinion, that even if the defendant could procure that form of trial,
it would not he so unobjectionable as a trial before a common Jury
in thilfeinintry. lie (Mr. W.) did not think there was a more in-
telligent body of men in England than the Com Mon Jury of Lan-
cashire ; and if he had the misfortune to be defendant in any case,
he would rather take'hie trial before them than any other Jury in
the country. It lewhetiesaid, that persons in the higher awake
of life were mote free from prejudice than those more humble.
But was that the case here ? This was a charge for taking away
an heiress with the Vie* of getting Imesession of her goods—and
was it' not Filch', that persons' in'the mire 'Opulent ranks of life
would Nympatflisetreorti With the party injured; and visit with
greater reprobetion the offender, than' those of more'humble pre-
tensions ? This wail the first time he had heard of an application
to postpone x trial beelines of a paragraph in a newspaper seventy
miles ofi', and not within the county. In Yorkshire, indeed,
some time. ago, there was a cape of a MAR charged with murder,
anti out of V newspapers in the county, it appeared that all but
one had endeavoured, by paragraphs, psalms, &r. to excite a pre-
judice against him. Thew, publications were made the subject of
• an application to the Court to postpone the trialeand successfully
so. In this Cite there were no such grounds ; and he hoped,
therefore, his Lordship would nut postpone the trial.
Mr.' fleounireat MIAMI` shortly on the lama side, and colt-
tended t,hat'S common jury in a case like this was s more impar-
tial then a specie! one. As to the absence of witnesses,
the mein part of this case took place before the defendant met
with Mtn. Ilinat Sitwell and MO Honer whom lie met in tb°
patitet-bnitt going over to Calais. Their evidence was not there-
tore. materiel lit the King V. rriton, it was held' nitesairy to
setisfy-the Court that the witeceset absent were material to the
cautlei still that, in fact, the party could not safely go to 'trial
without them. The 'Learned Counsel forther urged, that the
connection hocceen the absent. Witruteset and the mite war very
slight, and concluded by calling upon the (aunt to rejeet this
application.
Mr. SceOttAr rowto. reply--I am vire your Lordship will
have no difficulty in judging
of the importance of these proceed-
ings, when four eminent Counsel are found en the other iick,
op.
posing a
motion which I bdieVtd as a Mattel' of male to be
granted, 'with en touch of earnestness, zeal, said declamation.
Your Lordahip, from this circemstenee alone must he of opinion
that it is a ease full of ilitlicultirs, stud requiring much tielibe.
which
the declamatory topics,
ration. I will, pals over all
have nothing" at all so do with the• queetion under discussion,
only observing that he knew his Lordship would not he inflamesi
either by the recital of filets by the Attorney-General,t
l.which were
introduced to awaken feelings, or the declamation the Leeee,A
sergeant, „ma I,l,fief. Ito every roie, as, well as to the
_one now
under consideration. Every prosecutor may nay sud_ h 41)'
are here, if the trial coat clued next
plicatien, witnetetes Irowlentor may.
assizes; I coast haVe to bring them main.
with as math justice ounplam gheeMetros;
Yhiardship
the
and ex-
pense. I Will; therefore,. pass over '
theike topics at pursue
argumemee,,,, /emits:aired by the Learned Attorney-General.---
While his Leareed Istiend Mr. Williams took am opportunity
end common, and Mi.
praising Lanciehire .furies, IIFOI4 wooed
Brougham took 4stieeial Ore to :Week, I beg not to itut
_-
as disparaging Coinsurer jUries. an
here,
sod case of u d those
who were protecuttif • wititlinte thi,iudietineet wasfound:re,
sod afterward* removed by certiorari to the King's Beach
Upon that acession no such topics those now Offered
But wexe
pressed. TTheapplicEttivrt ',was at Once, acceded to. to

the arguments* which I have thrown suit with respect to
the certiorari, permit me to say, no answer has been given.
If an application for a certiorari had heats made to the King's
Bench on the part of, Mr. Wm. Wakefield befiwe the indictment
Was ,fentßl against him, the Court would say they could, nut grant
it - theymust wait to see whether, an indictment for a felony may
not be found, because, in that case, they could not grant a cer-
tiorari. I need not mention that the Court of Nng's Bench
sever gave an opinion whether the charge arneunted to a felony
,:, anti for the best reason, because all the circumstances could
int he within their knowledge, till an indictment was found
against the principal. Soon after the brother was apprehended,
an application was made by the prosecutor, which led to an in-
quiry, in which all the circumstances were fully investigated, in
order to ascertain whether the charge amounted to a felony or not,
Does my learned friend mean to say that if the Court.of King's
Bench had heen applied to for a certiorari they would have, for a
moment, listened to such an application ? No ,Counsel would
have ventured to make it. The Court would have said, "We
cannot grant • it, because we do not know what may he
the result of the Assizes. There was another , indictment
preferred, and the issue of that must Mat be known," An
Indictment might have been preferred against Mr. William
Wakefield for petjurY, or for any other offence, as well as that
with which be was now charged ; and the Court could not be in
possession of the real circumstances till they knew bow the charges.
against the principal was disposed. I am therefore as convinced
as that I am here, that the King's Bench would not grant a cer-
tiorari till that event was known. With regard to Special Juries,
the law stood exactly as it did before 'the, Act of 6 Geo. 4. For
as that Act purported to be only a consolidation of the laws relat-
ing to Juries, if it omitted to repeal it, the law relating to spe-
cial juries in the counties palatine remained precisely as it did
before. Therefore the law was nothing more than it was before
the passing of that Act. Mr. Williams referred to his own ex-
perienw of what pasaed in the counties palatine of Chester and
Lancaster, but as to civil proceedings only. In these the Court
of Ckontient' Pleas, as well as the King's Bench, eould grant
certioraris. But in criminal matters the King's Bench alone
had the Pon* If a case were to be removed from this juris-
diction to tfie Court of King's Bench, it could he removed
only by certiorari, and an application must he made to the
Vice-Chancellor's Court for that purpose. I defy any gentle-
man to show me that a certiorari can he obtained by any other
proceeding. I beg to remind your Lordship of your having ad- I
%deed the introduction of an Act of Parliament to assimilate the
mode of obtaining certioraris with the course of the King**
Bench; for by two statutes of William, the jurisdiction of the
Court Of King's Bench in issuing certioraris was limited. Be-,
fore the passing of these Acts every subject, whether prosecutor or
defended, at the Quarter Sessions, or elrewhere, bad a right, to
obtain a certiorari ; but these statutes limited the jurisdiction,
by making application by Coensel necessary; and providing that
at the Quarter Sessions proper notice of such application should be
given.' But in the Courts td the Codifies Palatine the jurisdic-
tion remained unlimited, till an Act 'was introduced, by your,
Lordship's advii* and p4sed, extending the same limitation to
algae Comte. Now what would be the consequence of an appli-
cation for a certiorari bete, and not to the King's Bench? Why,
the same thing must happen. It would put 'off the trial till
the next Assizes. The effect` NAM lie precisely the tiatitei in
either ,case. The remedy proposed as a' substitution for the
course they now took would end in the same result—that of
postponing the trial. We do not deny the existence of such a
rule as that mentioned by the Clerk of the. Court, but the
ap-
plication for a Specie! Jury must still he regulated by the
statute, by which it would be impossible, if we resorted to
that Court, to avoid having the trial postponed. , My Learned
Friend, the Attot my-Genetal, says this is not 'a case of so much
difficulty, that it may not be tried by your Lordship. This topic
he had addressed ad invidium to me; but I **sure your Lordship,
that if my own interests alone were concerned, there is no
Learned Judge to whom I would more confidently entrust them,
than to. your Lordship's decision. But concerned as I 'ant for
the interests of my client, if Lord Mansfield, instead of your
Lordship, were sitting on the bench, I would advise him to take
the same course, and, iu a matter of: so much difficultrand im-
pertance„ have it submitted to the consideration of a higher tri-
bunal. Though this observation was made by the Learned Attorney-
General ad vereeundium or ad invidiuni to me, it was not to he
wendered et that in a case of such novelty and difficulty,_ requiring
the advocacy of four Counsel of great' eminence and zeal, one
of whom, of great learning and talent, was brought down
specially 14 dna case! of of titeCeunmel here being thought *de-
viate to the management: of so important it etinse ; it was not, I
repeat, under such circumstances to Ile wondered at, that L should
feel somewhat alarmed and terrified, and find it net:notary. to resort
to precaution trial.delineratinis, and prooeed step by step, as tbelsw
tillourfl. It was any desire and advice to my client, that whether
the decision 'maY he for or against him, that every,step should he
taken to witioirthe forms of law allowed, to have the decision of
the highest alkluirite. As to the affidavit of Mr,.Grimsditch, in
which it was stated that something had been inserted in the news-
papers, that applied only to Edward Gibbon Wakefield. If he
were guilty of an imprudence, and .did something requiring an an-
swer,:or a commentary brow a Macclesfield paper (I wish Mr.
Grimeditth had sworn he was not !'proprietor of that paper), Alt.
William Wakefield had nothing to do with it; he=was no party
to its publication, and therefore ought not to he involved in its
consequences. if it were so important that Mr. Denison should
swear he was not a party to the publication charged to Mr.
Edward G. Wakefield, he was ready to do it.
Mr. Justice Paatac—l can't take it now. • •
Mr. St:AH.l,m rerumed,—The ulTidavit of Mr.. Grimsditch then
proceeded to give specific proof of Mr. Edward (..; Wakefield
having authorised the publication of a certain statement; but
however indiscreetly he might hive acted, I submit hii acts have
no reference to William Wakefield. It was also sworn that Mac-
clesfield was seventy-two milestirom Lancaster, as if his Lordship'
had not known that before ; but it was only twenty-two miles
from one of theme populous parts of the county, and from which
Juries were chiefly selected,--from Manchester and Steckport.
will, therefore, dismiss this part of the question without further
observation. It wee objected that William Wakefield had not
sworn these four witnesses Were material, but he did all, under the
circumstances, it was competent for him to do ; he swore he -was
advised they were material witnesses, and that it was impossible to
procure their attendance now, as they were in France. Upon this
part of the case, his Learned Friend (Mr. Brougham) said he'
would offer but one word, but his were sesqueptdatia verba : for
when once his fervour was exerted, it was difficult for hini to stop.
His Learned Friend cited the case of the King v. the 'Chevalier
I)'Eon. That was an application to Lord Mansfield to put off the
trial, on the ground that his witnesses were abroad. But he
made no reffidavit that he had taken every means to procure their
attendance.
Mr. flaouottaat-a-1- did not cite it for that purpose..
Mr. Scataem—Yott used it for a particdar. purpose. I use
it for another; and here I hag te'stitte, that if I had any idea that
four Connivel were to speak on. the' other side, I would have left
the reply to one of toy friends, and not have occupied so much of
your' Lordship's time and my oWn, at such personal inconvenience
to myself. In that case, Lord Minefield refused the application ;
not because the deponent had not stated that every means had been
mewled to to 'procure; their attendance, but because the witnesses
were subjects of the Crown of France, and the Court had no ju-
ristliiZen OM' t 1141": 711 this case, time witnesses, were not resi-
dent in France, and might he subpoenaed when they returned. By
postponement; therefore, their presence Would be insured, and the
letters stated they were expected in this country. It was objected
that it was not 'stated in the "affidavit of Wm, Wakefield, who told
him that Mr. Bagenal was a material witness. But was an in-
dividual to be accused of perjury, beeause he , did not name the
person who told him. in this affidavit, Mr. W. Wakefield stated,
that he believed he wits now abroad, and that he was a material
'witness.' Mr: Grimsditch, who lives near Staffok , does not
swear that be believed he was not abroad.
Mr. Justice PARK.-11Ir. Grimeditch has been here during the
Assizes„ and perhaps has not seen your affidavits till it was too late
for him to ascertain. That makes neither war.
Mr. See ALETT cot-dinned,
end submitted that no sufficient an-
isomer hail. been given to the arguments which he laid before his,
Lordship as a ground for granting the application to postpone the
trial. Notwithstanding all the zeal, earnestness, and declamation
displayed by his Learned Friends, riot one fact war( stated to show
that it was essential to the ends of justice that two trials should
take OW upon this indictment, which must be the result ,if Mr.
W. Wakefield wee, tried at these Assizes. The AttoratirMe-
a" is of opinion, the trial should come on ; we are of opi-
nion, if it does, that it will be a high prejudice to justice,
and doubt, .if your Lordship should so determine, whether
we will -not- give up our briefs and decline appearing
all. No, one <feet , hat, been suggested to show why the
tithe ar the Court Should be occupied now and at the next Assizes
to try the, earns
may go abroad, he toty'tinit, the country, and thus evade
put on his trial.The,Learned Sergeant, it was true, said he'
que***, "'why. the least guilty should he the first
justice ;
but this equally IPPliad to Skews. If I could see that the ends
of justice would be 'leaved
would at ,sues
reason to justify him in /receding to such a course bad beei
by havingthe trial take place now,. I
give up all objeetioni end consent to its coming on ;
but no
offered'm the affidavits read or otherwise. Mr. Grimsditch was
good enough to take Mr. Wakefield',, cue under his Management,
and say that he was ready, smut haul all his witnesses here ; but
this teas assuming that he was a better judge who were or were

. .
not material witnesses than Mr. Wakefiel or hie Counsel. On
these grounds I submit his trial ought to be rosirional.
Mr. Justice PAttE—lf I were to consult my own convenience I
or consolation and coin fort, 1 would readily accede to the applica-
tion for postponing the trial, for the consequence of its taking
place this Assizes will he to keep me here some days of the next
week; but I am bound to do my ditty hetwhy
,a solemn oath, and
whether right or wrong I !nest act In,nbedience to it. If I
should be wrong, it will be an error in. jUdgment and not inten-
tion. I already know' somethiog of the Inn-ties, am sorry to say,
lam now likely to know too much. The application for putting
off the trial has been made on ,two groUnds-rone an appeal to my
discretion ; and the, other founded on law. If the Attorney
General for the County Palatine (Mr. S.I had eltown me any
sufficient ground why it should he put off 1 would have willingly
yielded to it ; and here I will observes, it would he as well if the
trgunients had been left to the two Attorneys-General and four
Counsel had not made speechea, whom, having the right, I could
not have interrupted. If sufficient grounds were stated, it was a
1 matter of every day's course to put off a trial. But would
the statements or the affidavits of the defendant here he a
sufficient ground for postponing a ti ial in an action for goods sold
and delivered'? I must say. I .never saw such loose affidavits
offered "as a ground for postponing any trial: They were quite
insufficient to shew that the ivitneasies names were material wit-
nesses,. • But it appears the defendant was never charged With a
higher offence thap a utisrletneatior, and this has been adverted
to by the Learned Counsel who made the application, I must say
that if 'the Court of King's Bench had issued a writ of cer-
tiorari, and had the depositions returned to them, if they
doubted, after reading these, whether the circumstances amounted
to a felony or a misdemeanour, with_all the affection and reve-
tenee I entertain for the learned personages of that Court, I must
say that I would rather see a man tried by any other tribunal.
The writ VMS issued against Mr. Wakefield front the Court of
King's Bench on the 13th of February last, and it appears by the
recognizance; that he was brought up in Easter Term and bailed.
The consequence of this is, that ~lp has two Terms to col-
' lect witnesses, and if Mrs. Hurst Sitwell and Miss Hoare,
were important cod necessary witnesset, why nothave applied to
them before the '2tl of August? They, however, never applied ;
and even supposing the fact mentioned by the Attorney-General
for the county Palatine, that the agent in London mighthave sent
them copies of subpaenas, why not have written to them to know
whether they would come or net? but no steps were taken to
ensure their attendance till the beginning of thy present month.—
With respect to Mr. Bagenal," or some such name, he never saw
such a statement in the whole course of his life as that contained
in the affidavit relative to that gentleman. Every man who may
he placed at the bar, may apply to have his trial put off on similar
grounds. fie states that he was not informed in sufficient time,
that Mr. Bagenal Wag a material witness ; but did not Mr. Wake-
field know who were material witnesses% ? He must have known.
It was inipossible he could be ignorant of it ; and then he adds the
singular statement, that he understands and verily believes
that he has something important to communicate, all which
inifortnation he verily believes' to be true. Observe, how-
ever, that he does not say it ii true, but that he verily
believes it. He also states, that he. believes him to be now in
France, hut not a word whether he has taken any steps to'ascer-
tain if he were at. his residence in Staffordshire. There was an-
other witness, botninick Daly, who would not come on account
of some paragraph which he saw in a newspaper. Such an excuse
was trifling with a Court of Justice. If every Paragraph that an-
peered in newspapers were attended to, there would at once be an
mid to the administration of justice, I read a paragraph in a
paper at Appleby that astonished me. It stated that Thursday bad
been appointed for this trial. 4 with whom alone the appoint-
ment of a day rests, never heard a word or it before. No applica-
tion was made to me on the subject, and therefore no day could
have been appointed; and yet all take the authority of a news-
paper, without its even stating the source from whiCh ilia infor-
mation was derived. Though.' , I am well aware of the re-
WI and affection which Mr. Sciirlett entertains for me,
and also of his opinion of ' nits I think he itete, -wisely in
endeavouring
,to have the ' opinion Of the lighest tribunal
upon the subject; hot I am certain of this, that if it were re-
moved by certiorari tn- the King's' Bench, it would be sent down'
to me again to decide upon the facts that may be offered in' evi-
dence; subject to appeal, if any doubt or -difficulty. arose, not to
the King's Bench, for which I have a great respect, but to the
twelve Judges, for whom I have more. Amid hem the chance
was greater;, fist it was the invariable rule of the twelve Judge*
to grant in application for the ccusaideration of any point of law,
upon the, owe etitterq%t ,q( Coonstel'Shasioavas one of such Jiff*.
eulty as to require their solemn and grave opinion on it. There-
fore, any advantage which multi be had from the King's Bench,
willhe haul in a superior degree, by an application to the twelve
Judges. With regard to a special Jury, whether it is in my power
to grant one or, not, I will tint now, sal,it will
,he time enough
to decide when the application is ',nide ; but I, will add. my own
experience to Mr. Williams's, and hare no hesitation in saying,
without disparagement to this comity, that I never saw any special
Jury half ao pod as a common i,ne. They are generally Men
of large property,. many of, Om as ',lerge as the property of spe-
cial Jurors, and though generally supposed inferior in rank to spe-
cial Jurors, Ido not think so. The neat ground for postponing
the trial—and as the best leg was gerii,rally put foremost, it was
the first and most important stated' in the affidaVit, though not
much dwelt upon by the. Learned Counsel—these were newspaper
paragraphs. But they were no foundation for putting off, the
trial. In, perhaps, the most serious ease that ever occurred----the
case of Thurtell, a similar implication was made, on the,ground of
continued and incessant publication, in newspapers. I thought
this no ground for 'putting off the trial, but suggested that it might
he adjourned for a 'month;; and if the Attorney-General for the
County Palatine would wish to spend *part of October here, I have
no 'objection. to put off this trial for a mouth, that the prejudices
'Which it is said are now entertained, but which I do riot 'where,
May be weaned from men's minds. It was in consequence of
that being a charge of murder, which might end in the deith of
the person accused, that from a feeling of tenderness and huma-
nity, though inconvenient to myself, I expressed a hope the prose-
cutor would not press me to the necessity of trying the case then.
It was then the beginning of the Moires, and I came back, after
going through. the Circuit,' to try that eitik. ' I have read tli^e ni-
ragraph in the paper alluded to, and it was manifestly in answer
to anotherpuhlished by Eilw; G. Wakefield. I consented to the
postponement of the trial of Edw. Wakefield; and in the opinion
that I acted rightly, I believe the granter part of the Bar con-
curred ; but which I shall not rev*, though I have since heard,
that a very high authority has ,dittered.from that opinion. Upon
these grounds I think the trial ought'mit to he postponed. ,
lit reply to a question from' the Armoury-GENERAL,
Mr. Justice Pasta said, that he had twee), wish teaccommodate
him ; he was bound to try the rioters first. If some cases were
dispored,of to-day, he may take it to-nterrow, but if not, he was
afraid he could not take it till after Friday, as the trial' of the
Nl`Keene was appointed for that day. Ilia Learned Brother and
himself had,,seriottely considered it, and this course they had de-
cided on. . as
,The Artga.flax-GANt O,A t. expressed himself quite satisfied.

Vid,14614 PAPERS.

• . • .
(From the PiMie of TuEgd,
ay, Aug. 15.)
MADRID, AUG. S.—The only house that exists at Solar di
tChaebirrecloa
Majesties
of; apartments,tthher7ret:ch Getitihvaod.
,otfhe whichothe :_tee2iebtleilniyg
able to bear the great heat, arid Otii insects Which tormented him,
-he preferred a tent. It is said that one day, when the General
had the honour to dine at the King's table, his Majesty said to
him, " Sit down et my right hand, General." " Sire," answered
he, " I shall always be there till your enemies are at your feet."
It seems that the General thinbs, of remaining a long time in
Spain. It is said.that the English liar(' convinced the Queen cif
Portugal that, for her own peace, and that Of the Portuguese, it
was advisable for her to go to England, and that het Majesty had
Bole on!lnrard en English ship.
M. Ilecacho is dill with the King. There are various cons
jecturesfrespecting the cense of this log absence from the capital.
The Council of State meets daily. If Was iti owe of its Sitting'
that it Was first proposed, in the name of the efirgy, to ghre fifty
inilliona to levy an army against Portugal. M. Castanne having ,
observed ironically that this am would be enough. to buy stock-
ings, be was answered that another fifty millions would be given
if necessary. " Well," said the General, " that will do for the
shoes and helmets, and who will furnish the rest ?" In fact, if
60,000 men are to be completely clothed, armed, and equipped,
100 millions of teals would not suffice. • The 'pay, provisions,
and all the extraordinary expences of an army in the field must be
added. A change in the Ministry is still spoken of. M. Recacho
is mentioned as intended for Minister of Grace and Justice, with
the addition' of the Police: the Alargels d'Almenara for the Fi-
nences,, and Count Ofalia for Foreign Affairs.
We beet had little news : the excessive hat, 30 degrees (or
103 Fahrenheit), keeps every body at home, and people only
come out at night to breathe a little fresh .air.—lndicateur.
Pants, Ana. 14.—1 f we give credit to the rumours in cir-
culation, the news that has arrived from the East would not be at
all favourable, to the cause of Mahmoud. The Janissaries of the
provinies, having heard of the lamentable end of their brethren
at Constantinople, have rallied in each of the chief cities, with
the intention of defending themselves against the violent measure(',
of the Porte. As in that country whatever is p.ncient inspires
veneration, the most barbarous tribes of the proVinces, the Der-
vises and the Priests have joined the, Janissaries, to defend that
force. 'which throughout the Ottoman Empire, ie hmked on as
national and sacred. So says report. It is added, that the
orders, which go forth from the Divan are but indifferently
obeyed. A large ,force would be required, in order to operate
a complete revolution, and although every reliance may be
placed: on the troops that are organized after the European
mode, their numbers are much too small to act at the same time,
and with the same influence, over the vast dOminions of the Otto-
man Porte, in Europe and Asia. What is most to be feared iu
the prOgress of the revolution, is the resistance of the Paella, the
.greater number of whom are affiliated to the Janissaries. It is
known, that in this empire, the resistance of the:most petty IPacha,
has often endured for many years, and more than once has ter-
minated in the dismemberment of the empire. The Europeans
offer Up prayers for the triumph of.the Sultan, for any reaction
would prove much more terrible than the messaeree to which they
have been witneatia. Even they, however, think that matters.
have been too much precipitated. With two or three years delay,
the Silken must have triumphed without opposition.
The affairs of Portugal ocoupy at once the Journals of London
and Paris ; they touch on the sore place. Portugal, which is,
in some sort, an English colony, is unwilling to receive the cons
ititutiun which England is impposing on it; and it is quite a
matter of course that England should feel and complain. The
Liberals, in this new-imported Constitution, behold the germ of
a revelution in' Portugal, and, after Portugal, in Spain. It is
quite a matter of course that the Liberals should, in consequence,
laud the Constitution, and make common cause with Great Bus
tain in its support. Bat can our Ministry have entered into
either of these views ? Their Jonrnals have.eulogiied the Coils
stitution of Portugal ; 'they have eulogised Mr., Canning, his
policy, his plans ; that circumstance proves that we shall remain
quiet spectators of the struggle ; or, if we interfere at all, that
we aball interfere for the restoration of public tranquillity, as
Englind does, namely, that the exertions of our diplomacy will
he lintited to the enforcement of the peaceable taking of the oath
to the Constitution.
M. Regnault de St. Jean D'Angely, who was in the affair of
Kariitto, in the island of Negropont, has just arrived at Paris. He
laingit with hitn tha„son of Petro Bey, Chief of the Mainntes.
FRANCE.
(From the journal des De/tats.)
Vint*, An 14. —There is a genera 3, though concealed move-
iiisnt'at present agitating the Diplomatic Corps.. kt. de Metter-
nich has stopped on his journey to Johannisberg, surprised pro-
bably, by the news which ha has received at the same time from
Constantinople and Lisbon ;—the insurrection of the Janissaries
of Smyrna, the suspension of the conferences of Akerman,.the new
'pretensions of the Sultan, and the , ravages of the plague, being
confirmed. The Ministerial Journals keep a mysterious silence.
(From the Quotidienne.)
The Count De. Casa Flores, our Ambassador M Lisbon, has
not yet received from our Ministry any instructions concerning
the course he is to pursue. M. D'Anduagna, who was to super-
sede him, has abandoned all thoughts of his journey. Thus, in
the,diplonurcy of the day, nothing is provided for, and when the
event cranes, no one knows what to do. The Commander in
ch,,,,,itorrronnie f:,itnpihonfaoatrlO,t.de ot(epibette:el,rsiaaativtinroi
dnohnoga.
troops,
eg,nl,llo:tot,veanghiserol
tvribetei
hcra
assurede ses,dittdoofserliiichaii.eti,teat:ibi,aiarrivaltya
bergtti
hhaneienntspibt,e
eottphoireee'
*CI tnr
oEsftto hitt the
reue r-
of
madam have received the troops who have deserted froinPortagal
with unanimous acclamations.