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

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No. 10,588.

ASSIZE INTELLIGENCE.

LANCASTER, WIMNTSDAY, Aua. 16.
THE KING v.,WILLIAIII WAKEFIELD.
In expectation of an allusion being made ti this case this morn-
ing, the Court was crowded to excess, as soon as the doors were
opened. Many ladies were present ; amongst them Lady

Copley, &c.
Mr. Justice PARK having taken his seat at nine o'clock, the,
Attorney General of England, Mr. Searlett, Mr. Sergeant Cross,
Mr. Williams,• Mr. Breugham, and the several Counsel in the
case came into Court.
Some little embarrassment occurred as to the right of prece-
dence ih the Counsel, as Mr. Scarlett, who is Attorney-General
for the County Palatine of Lancaster, seemed averse, from cour-
tesy, tq enforce his.clidm. This, however, was put an end to, by
his Lordship saying, genii humouredli to Mr. Scarlett, " Oh,
take yqur place opposite me. That is your place, you are enti-
tled to the precedence here." Mr. Scarlett then, as'Attorney-
General tor the County Palatine, took the first place at the bar.
Mr. SCAKIATT then said—T should be Ashamed, upon a motion
which I thought would be granted as a motion of course, to.troubie
your Lordship with any detailed argument in its aid, if it was not
in rompliment to my Learned Friend the Attorney-General, who
has been brought down from London, and other persons of die-
-6114 *k who have been instructed to oppose this application. 'My
Lord, 'the party for whom I appear here is William Wakefield,
who is, as your Lhisiship knows, indicted for a misdemeanour,
with another principal, his brother, under the statute of Philip
and, If this proceeding had taken place antecedent to the.
statute of 60 Geo. 111., and that - the defendant was now apply-
ing, upon his.commou law right, there is no doubt but that he
Would, have a right, as a matter of course, to postpone his trial to
the next Assizes. That statute was made because of some ur-
gency for suppressing political discussion at the time, and its ob-
ject was to give a more summary mode of checking the commix-
lion of those political offence& It has been since extended to all
cases of misdemeanour, and I do not now dispute but that he may
be tried; but the question is, whether, under so highly penal a
statute art this, your Los thisip, in the exercise of your discretion as
a Judge, will not give him leave to implead to the,miStietneanour,
or postpone the trial altogether. Upon the first point, therefore,
I am now about to address myself to your Lordship's discretion.
Mr. Justice Pasta—Before yOu go farther let me have the sta-
tute before me. Go on, Mr. Scarlett.
Mr. Scani,err—My Lord, I hold in my hand an affida.
vit, stating the absence of three or four witnesses material to the
defendant's case. Of these affidavits I shell not now state
the Particular., because in a criminal case it cannot be expected
'that a defendant should expose the nature of his testimony. Suf-
fice it to say then, that Mr. William Wakefield has been advised
by his Counsel, that the presence of certain witnesses was mate-
rial to his cause, that his cause could not he satisfactorily proved
without them, and that those witnesses were now abroad, hot
would return the next Spring Assize& You see, my Lord, that
up to this •time there had not been sefficient opportenity to sue
out process Co compel the attendance of, persons out of the juris-
diction of the tribunals of this country. The affidavits are ex-
press in stating that these witnesses are expected in the course of
a short time. This ground alone I eithmit would be sufficient for
putting off a trial for felisny ; hut there is another ground to which
I now invite your Lordship's attention, and that is, an appeal to
your Lordship* discretion, too strew, think, to be resiAed....-
I say nothing now of the nature of the offence charged against the
defendant; nor of the excitement of strong feeling, anti properly
strong feeling, nor of the means taken through various publica-
tions in a neighbouring county, unhappily, to keep alive, and
give force to that feeling; but I ask you whether it is .consistent
with the due administration of justice to proceed with this trial,
but alter the most calni end advised consideration? Now, my
Lord, this ,is a circumstance so forcibly appealing to the
discretion of your Lordship, as a Judge, that it is impose.
Bible for you to do any thing else but yield to the applica•
tion. And I .ay this the more, because AS by yielding to.
it ,no harm can be done, for as 411 the parties must he
here to , try another cause/it the next Assizes--as the same ex-
pence must be again incurred, and as the mans question in this
case depends not, upon this guilt or innocence, of this defendant,
but of another who is the principal,_under all these circum-
stances I ask whether, in -the ordinary course of the administra-
tion of justice, it is not usual for Judges to say to, prosecutors,
" Why will you require a public investigation twice?--there is
no occasion for it on the present occasion. All the partite here
are implicated in the same conspinicy—they, are arc all joined in
the same indictment, and the Court does expect that you will not
presi on the indictment when the material part of the case must
he tried again." Now, my Lord, I press this point upon your
consideration more forciblyebecause in the event of a part of this
case being made public, there will be no hope that justice can be
coolly administered, for it is hopeless to expect a fair trial if your
pordship will take any, other course then that we now solicit you
to take. The developement of the proceedings of this trial must
of necessity, have the greatest influence on that which is to take
place at the next Assizes. But there is another topic which I
would wish to press more strongly upon you. The prosecutors
think, and of that there can be no question, that this is a trial
eo impottaotr—that there is in it so much gravity, difficulty, and
novelty, at to require the first {assistance, and especially that of my
Learned Friend. the Attorney-General, whom we are all
this
to
see, and shall be glad to see here second time upon this 'and'
other occasions. I say, the very bringing hiM here; in
,ion to the well-known talent and ability of the bar of the'
Northern circuit, proves the great importance of the case,
and how necessary it 'is to come to its consideration with all
possible gravity and well-advised deliberation. There has been
no proceeding under the statute .of Philip and Mary for at
least a century, and therefore we are now about to enter upon this
ease without those 01°dern and Wag-defined authorities, which
precedents
of late date in courts of justice would furnish to us. I
sin
I peed OM pay most inoffensive-
say, therefore, moat"cereiy, and
to Any learned individual; that I would advise, and have advis-
ed my client, nut to rely ripen the
; decision
any one Judge, but"
to remove his trial by certaorart into e superior Court, whereby he
i
would have, in the first instance, a more select form of trial for an
offence, free from those prejudices winch the very nature of the
case le calculated' toylike up, except in the best-informed minds,
—but secondly, that assistance to the Learned Judge himself, by
the appeal which there lay from ,him to a higher tribunaL then
which there ran be no greeter. consolation. to a Judge, when ere.
gago in the serious task of Administering the et,sfitetippto these.huitt!digatice
of
the counte-r
Far it certainly Tnuet a greatot s
learned persons, the road is not clear before,tbein, and, that
puints,of to Complex and,novel nature may be rsitied, to know that
their decision' is not final, 'and that another opportunity is given
'confidence 'I may have in
for revising end correcting it if it be wrinig. Therefore whatever
teitily no one has more—with respect to the gentleman for
Your 'Lcirdship's judgment—and 'ter-
biid best sissist-
.7,h_O_rn I appear,
. I Intuit contend that he is entitled, under a
Halle of eminently Cud a nature, to the. first
14:".. and to all those ad a ; tag which caution and research cau
give him, that hiero y bVen at
if onvictod, that that result
did Oot emir from 41-y raatig lor :udgraeut.
eases of Misdeineanouli "werb" sof um*
hoar. jell is not one of an
ordinary 11.4 tut,,, is c'ertainj,",t-11,1!'.1),,ft,sen,,clhecre 1111 allowed the de-,
fondant to reoie'seti,;cist into `,.e
upon allegation being the 1). King's
• to a
fair investigation of the rnattviat a Special Jury is n
that
mice;
Court of tick' fiends, and
t
thin, allow rise certiorari, a,
course, and even as a
rul in the first instance. t • matter of t d
But it has been said, I tint ers an ,
rnsllat Court will, upon
,het, by a clause in the Act of Parliament, defendant
hate moved for the eertiotletei, ie fore the might
.fiutud.- Now, looking at' this Act the
ttl
"-WO% it
is
c!ear, at the first blush, was not * armunentl w
it does not touch the preeint ease.
pupated by a lawyer I find that
d. ,ttn tat was
cannot be moved fur bat in Term t*
Pot, inaionuch • certiorari
me, and as A party may be