The Sun.
London, England, 1826-08-16 00:00:00

'WEDNESDAY EVENING, AUGUST 16, 1826.

From the LONDON GAZETTE, Auo. 15.

War-Office, Aug. 14, 1826.

Royal Regiment of Horse Guards—Lieut. John Constantine
Trent to he Captain, by purchase, vice Riddleelen, proMoted ;
Cornet Lord Charles James Fox Russell to be. Lieutenant, by pur-
chase, vice Trent.
let Regiment of Dragoon guards—Lieut. Richard Francis
Poore, from the half-pay, to be Lieut. vice Sir Gerald G. Aylmer ;
Bart. who exchanges, receiving the different*.
3d Ditto—Assistant-Surgeon Alexander Campbell, from the
64th Foot, to be Assistant-Surgeon, vice Ingham, promoted iodic
e9th Foot.

4th Ditto—Surgeon Richard Webster, from the 51st Foot, to
be Surgeon, vice Micklam, deceased.
7th Ditto—Lieut. William Elton to be Captain, by purdiase;
vice Pratt, promoted ; Cornet William Dennis King to be Lieu-
tenant, by purchase, vice Elton.
• Ist Regiment of Dragoons—Cornet Henry Josias Stracey to be
Lieutenant, by purchase, vice Curteis, promoted.
13th Regiment of Light. Dragoons—Edward Cooper Hodge,
Gent to be Cornet, without purchase, vice Smith, deceased.
lath Ditto—Captain James M'Alpine to be Major, by purchase,
vice' O'Donnell, promoted.
16th Ditto—Lieut-Colonel Robert Arnold, from the half-pay,
to be Lieut.-Colonel, vice John Henry Belli, who exchanges, re-
ceiving the difference '• James'Whitwell Torre, Gent. to he Cornet,
by purchase, vice Blood, promoted.
Coldstream Regiment of Foot Guards—Lieut.-Colonel Charles
Andrew Girardot, from the half pay, to he Captain and Lieut.-
Colonel, vice Sir Robert Arbuthnot, K.C.B. who exchanges;
Lieut. St. John Dent to be Lieutenant and Captain, by purchase,
vice Chaplin, promoted. " Sale Ensigns and Lieutenants by pur-
chise—Ensign John.Forhes, from the 53d Foot; vice .Codring-
ton, promoted; Montagu George Burgoyne, Gent. vice Wigram,
promoted.
3d Regiment of Foot Guards—Captain John Barriers, from the
half-pay, to be Lieut. and Captain, vice Chidley Coote, who ex-
changes, receiving the difference.
Ist Regiment of Font—Ensign Charles Ford to be Lieut. by
purchase, vice Carter, proMoted.
2d Ditto--Captain William Ass& to be Major, by purchase,
vice Cash, promoted ; Lieutenant John Lewis King to be Captain,
by purchase, vice Hunt.
3d Ditto—Lieut. William Scott, from half-pay 60th Foot, to he
Lieut., vice Theobald Shiel, who exchanges.
7th Ditto=--Ensign George Cranky Bowles, from the 55th
Foot, to be Lieutenant, by purchaie, vice Forbes, promoted.
10th Ditto—Lient Henry Aitchison Hoary, to be Captain,
by purchaie, vice Vandeleur, prompted; Ensign Henry Clating-
bold Powell, to be Lieutenant by purchase, vice Hankey.—To be
Ensigns, by purchase—Edward Lanauze, Gent. vice Musgrave,
promoted ; John Henry Broom, Gent. vice Powell.
11th Ditto—Lieutenant Anthony Bolton, front the Sd
Dra-
goon Guards, to be Captain, without purchase, vice Willshire,
deceased.
12th Ditto—Lieut. William Towers Routledge Smith, from the
47th Foot, to be Captain, by purchase, vice Forbes, prnmoted.
14th Ditto—Lieut. John Higgrnhotham, front half-pay 62d
Foot, to be Lieutenant, vice Evans, whose appointment has not
taken place.
15th Ditto—Lieut. Frederick Lenox Ingall, from the Veteran
Companies for Serviee in Newfoundland, to be Lieutenant, Vice
Dewson, appointed Quartermaster ; Lieut. Jeremiah Wilkes Dew-
son to be Quartermaster, vice Luke Hardy, who retiree upon half-
pay New Brunswick Fencibles.
20th Ditto—James Chambre, Gent. to be Ensign, by purchase,
vice Scott, promoted in the 35th Foot.
224 Ditto—Lieut.-Colonel Philip C. Taylor, from the half-
pay, to be Lieut.-Colonel, vice Sir Hugh Gough, who exchanges;
Ensign Samuel Brandram Boileau to be Lieutenant, by purchase,
vice Gough, promoted; Robert Bayly, Gent. to be Ensign, by
purchase, vice Boileau.
23d Ditto—Captain William Le Wender Tupper, from the
half-pay, to be Captain, vice Charles Beale, who exchanges, 11."
ceiving the difference; Hospital-Assistant Alexander Browne,
M.D. to he Asaiitant-Surgeon, vice Smyth, promoted.
25th Ditth—Francis Fenwick Laye, Cent. to be Ensign, by
purchase, vice Sewn; appointed to the 85th Foot.
28th'Dittii---nospitol-Assistant Michael Bardin to be Assistant
Surgeon, vice Levens, promoted in the 51 et Foot.
29th Ditto—Assiatant-Surgeon Charles Thomas Ingham, from
the Sd Dragoon Guards, to be Surgeon, vice Win. Milton, placed
upon half-pay.
34th Ditto—Captain George Buxton, from the half-pay, to
be Captairi; vice Thornier' Cradock, who exchanges; receiving the
difference.'

36th Ditto—Major George Ford, from the. 58th Foot, to be
Major, vice Rowan, who exchanges.
87th Ditto—Lieut. Thomas Smith, from the 35th Foot, to be
Captain, by purchase, vice Bowers, proMoted ; Lieut. Stratton
Robert John Marsham, froM the half-pay, to be Lieutenant, vice
Bingham Sarsfield, who exchange:4, receiving the difference.
46th Ditto--Williim Janie! Youge, Gent. to be Ensign, by
purchase, 'lee Crompton, appointed to the 65th Foot.
48th Ditto,--Enlign Edmund (1, H. Heagren Gibbs to he
Lieutenant, by purchase, vice M'Cleverty, whose promotion has
not taken plaCe; Robert Charles Hamilton, Cent. to be Ensign,
without purchase,' vice Gibbs.'
both Ditto---Ensign Charles F. Hatton, from the 66th Foot,
to be Lieutenant, by purchase, vice Kennedy; •promoted.
51st Ditto,--Lieut. Robert Mawdealey to be Captain, by pur-
chase, vice Bayly, promoted ; Assistarit-SUrgeon Patrick Henry
Levens, from the 28tl Foot, to be Surgeon, vice Webster, ap-1
pointed to the 4th Dragoon Guards.
53d Ditto---Henry Walsh, Gent, to be Ensign, by purchase,
vice Forbes; appointed to the Coldstream FoOt Guards.
56th Ditto—Sergeant-Major Polloek, from the Royal
Marinea, to be Adjutant, with the rank of Ensign; vice Woulds,
deceased.

57th Ditto—Ensign Henry Hill to be Adjutant, with the rank
of Lientenant, vice Aubin, proinOted ; Edmund Lockyer, Cent,
to be Ensign, vice Ital.

58iiiDiito--. Brevet. Lieut.-Colonel William R
S6th Foot, to he Major,
Richard Heiliger Creagbe, from the half -pay, to !butte c(s ; Ensign
vice Ford, who
exdovve, from
.the
He6nydLpyittttoo_raltilawioerr,
j,w)blytiouteX.o(tartrigoe:ttle.Lif-pay:
t.'enlsviPl:favjoi:
vice Roberts, prernotedi
64th Ditio—Hospitel.4ssistant Charles Brown t be Assistant
Surgeon, vice Campbell, appointed to the 8d Dragoon
Guards.
rd
66th Ditto---To he . Ensigns, by purchase—W ill iain L
worth Dames, Gent., vice Coryton, appointt4 to the 85th Font
Thomas William Jackson, Gent., vice IlattOn, promoted in the
50th Foot.
71st Ditto—Ensign Charles Augustus Dean ,fnt ,
ro tne 84th
Foot, to be Ensign, vice Seymour, promoted.
Slat Ditto,--Lieut. Lawrence Alexander Spearman, from the
half-pay, to be Lieutenant, vice, Thomas Clifton Wheat, who ex-
changes, receiving the difference.
84th Ditto--David Laird, Gent., to be Ensign, by purchase,
vim Dean, appointed to the '7lst Foot.
87th Ditto—Ensign Richard Loveday to he Lieutenant, with
out purchase, vice Masterson, promoted; Charles Dunbar, Gent.
to be Ensign, by purchase, vice Loveday.
89th Ditto—:-Lteut. James-Barrett, from half-pay 12th Foot, to
be Lieutenant, vice Gorse, appoinnsl to the 92d Foot.
t
90th Ditto—Ensign William J. Owen to be Lieutenant, by
purchase,- vice Eyles, promoted.
:24 Ditto--Lieut. William Gorse, from the 89th Foot, to he
Li
Ant, vice Graham, promoted in the Royal African Colonial
cotit:n
94. ' •
withothutDottiTo be Ensigns—James Kennard Pipon, Gent.
r., 'l4-", vice Currie, appointed to the 58d Foot ;
Thomas tuntuglia
promoted.
tooted. . me, Gent. by purchase, vice Maclean, pro-
cha9"B,thyDiciettttigt'
96th Ditto--Ekb
:,71 Cecil Lloyd, Gent. to be Ensign, by pur-
vice Rudsdell, .
proy. %I! Austin Neame to be Major, by purchase,
be Captain, by pourlgued ; Lieutenant Arthur' Charles .Gregory to
Venables 'Vernon to
Edward Osborne Br,hown"evviceNeatne ; I?,usigat Harcourt William
Lieutenant, by purchase, vice Gregory ;
'rice Vernon. . , Gent. to be Ensign, by purchae,

Rifle Brigade—Captain Arthur Richard Wellesley, from the
half-pay, to be Captain, vice Logan,
promoted ;Second Lieu-
tenant John R. Groves to be First Lieutenant, by purchase, vice
Se

FalcAmer, promoted ; Edward fink Glegg, Gent.' to be Second
Lieutenant, by purchase, vice, Groves. •
Veteran Companies for Service in Nevvfoutolland—Lieutenant
Francis Walsh Small, from half-Pay New Brunswick Fencibles,
to be Lieutenant, vice Ingall,.,appointed to the Isth, Foot.
BREVET.—The" under-mentioned Cadets of the Honourable the
East India Company's Service to' have the temporary rank of Se-
cond Lieutenant, during the period of their being placed. under
the command of Lieutenant.Colopel Pesley, of the Royal Engi-
neers, at Chatham, fur Field Instructions in the Art of Sapping
and Alining

Gentleman CadetJarnes Kibler, Gentleman Cadet Alexander
Welker, Gentleman Cadet Stewart Bare, Gentleman Cadet Staf-
ford Vardon, Gentleman Cutlet Jasper I3elli Gentleman Cadet
Chambre Aleock, Gentleman Cadet William Birdwood, Gentle-
man Cadet Franeit Clement.

Anthony Singleton king,
half-pay, to.hara the local rank of Lieutenant-Colonel upon the
Continent of Europe only. lati Lieutenant-Colonel upon

HOSPITAL STAFT.—To:be Surveons to the Forces—Surgeon
Alexander Melville, M.D., from the 25th Foot, vice John Clasen;
senior, who 'retires upon frhalf-pay Assistant-Surgeon. William
Reynolds Rogers, from Ail 10th Light Dragoons, vice Stephen
Panting, who retires upon`hall-pay. To be Hospital Assistants
to the Force,—Thomas Spence, Gent., vice Thomson; ap-
pointed to the '7Bth Foot ; Henry Marshall, Gent., vice Hardin,
promoted.
UNATTACIfED.—To he Lieutenant-Colonels of Infantry, by
purchase—Major Ilefity Christmas Cash, from the 2d Foot ;
Captain Thomas Chaplin, front the Coldstream Guards; Major
Charles Routledg►e O'Donnell, from the 15th Light Dragoons ;
Major Joseph Rudadell, from the 98th Font- - _ '

To be Majors of Infart---tri,-I;;P;rehsse—Captain Benjamin
Adams, from the 17th Light Dragoons; Captain Robert Vande-
lent, from the 10th Foot; 'Captain John William Dunn, from
the 49th Foot ; Captain Hem* Bayly; from the blst Foot;
Captain Charles Forbes, from the 12th Foot ; Captain Henry
Pratt, from the 7th Dragoori3Ouards ; Captain Charles Robert
Bowers, from the 37th Foot.;•

To be Captains of Infantry I;ty purchase...,.-Lieutemint Edward
Barrett Curteis, from the lit Dragoons ; Lieutenant Thomas
Woodward Eyles, frtm the 90th Foot ; Lieutenant Samuel Pole,
from the 17th Light Dragoons.
To be Lieutenants of Infsntry by purrhasc —Cornet Charles
Algernon Lewis from the 11th Light Dragoons ; Ensign William
Colborne Mayne, from the sth Font ; Ensign George Maclean,
from the 94th Foot ; Ensign William Taylor Peter Shortt,
from the SSd Foot ; Ensign John Ponsonby Gordon, from the
89th Foot ; Sub-Lieutenant Henry Poon, from the Ist Life
Guards.

COMMINARIAT.—To be Deputy Asairtant Counnisgarits Ce-
neral.—Connuisiariat CIA* C. B. Dawaton';- Cnntrniwriei
Clerk T. C. B. Weir ; Commissiariat Clerk W. H. Locker ;
Connniasariat Clerk J. IWl'arlane; Cortuni*eariat Clerk J. ff.
Kennedy.
_ _

The undermentioned Officers have heart allowed to dispose of
their half-pay :
Lieutenant-Colonel John Maxwell, half-pay, unattached ;
Major George Gray, half-pay Royal Marines; MajouThomar In-
ches, half-pay Royal Marines; Major Gideon Nicholson, half-
pay Royal Marines ; Lieut. Charles John Peshall, half-pay 18th
Light Dragoons; Lieut. Robert Keiruander, half-pay 22d Foot ;
Lieut. William Henry Wert, half-pay 24th Light Dragoons;
Lieut. Francis 0. Haguerly, 4th Irish Brigade; Lieut.-Colonel
Anthony Singleton King, Unattached; Lieut.Xol. Adam Pee-
bles (Colonel) Unattached; Major Henry Priddle, half-pay Royal
Marines; Major William Burke, half-pay Unattached; Major
Arthur Bernard, half-pay Unattached ; Captain James Dunn,
half-pay 26th Foot ; Captain John M'Crohan, half-pay' 3d Foot ;
Lieut. George Napper, half-pay 54th Foot; Lieutenant George ,
Wathen, half-pay 4th Foot ; Captain Gerard Hatenuan, half-pay
2(1 Light Infantry Battalion, Kingts German Legion ; Lieutenant=
Col. Sir Henry Pynn, half-p4Portuguese_Qffititra; Major Thos.
Carter, half pay Royal'Marines.'
Uatarractien.--The under-mentioned Officers, having Brevet
rank superior to their regimental commiaNions, have accepted pro-
motion upon halt:pay, according to the General Order of the 25th
April, INK :
To be Lieutenant-Colonels of Wintry—Brevet Lieut.-Colonel
Richard Hobert*, from the 62d foot; Brevet Lieut.-Col. Gideon
Gorrequer, from the 18th Foot.
To be Majors of Infantry.—Brevet Lieut.-Calcine! Chatham
Horace Churchill, from the Ceylon Regiment ; Brevet Major Eyre
Evans Kenny, from the 80th Foot ; Brevet Major Joseph Logan,
froth the Rifle Brigade.

Court of Commissioners—E. and G. Lunn, Halifax, chemists,
Sept. 12; ut-trle'ren, at the*White Swan Inn, Halifm-1/ Jack-
son, Birtninghatn, button-factor, Sept. 9, at one, at the Royal
Hotel, Birmingham L--1). Clarke, Manchester, grocer, Sept. 16,
at three, at the Star Inn, Manchester—S. Haskins, Bristol, gro-
cer and builder, Sept. 7, at one, at the Commercial Rooms, Bris•
tol—J. J. Baylis,. Leeds, commission-agent, Sept. 9, at twelve,
at the Court-home, Leeds—J. Wells, Kenninghall, Norfolk, ge-
neral shopkeeper, Sept. 11, at four, at the White Swan lon, tong
Stratton—J. Hair, Seottswood, Northumberland, coal-tar-ma-
nufacturer, Sept. 12, at eleven, ,at the George Inn, Newcastle-
lipon- Tyne.

_
CERTIFICATES.—Sept. b.
E. Wilde, Roystim, Lancashire,' cotton-spinner--H. Carpenter,
Ilkoinghall-street, money-scrivener—G. Atkinson, Liverpool, mer-
chant—T. Andrews, Soho-aquarr, linen-draper—W. Citlyer,
London-wall, harness-xnaker—T. B. W. Dudley, King-street"
Westminster, ormolu-manufacturer—T. Gough, Stockport,
Cheshire, builder—W. Hibbert, Mount-street, Grosvenor-mpiate,
butcher—M. and L. Moses, Great Prescott-street, Goodman's-
field*, merchants—J. Smith, Horne:ooe, Lincolnshire, spit•it mor •
chant—J. Srnallboue, High-street, Bloomsbury, auctioneer--W.
Finch, Lakeuham, Norfolk, innkeeper.,
PARTNERSqwS DISSOLVED.

.1. and W. Jackson, Lancaster, common brewers—W. Jackson
and T. Barber, Lancaster, •cotton manufacturers—J. Hadfield and
G. Frogatti Haworth, Derhyshire, cotton apinuas-4. Holt and
R. P. Jaekson,Liverpool, ebip-chandlers—N. and N. M. Priaulx,
Southampton, commercial agonts—J. Rose and H. W. Palmer,
Great Guildford-street, Southwark, ironfounders—T. and G. A.
Bradford, Minories, mathematical instrument-makers—A., A.,
and T. Harvey, Derby, grocers—R. and J. Shorrocks, Salford,
Lancashire, brush.manufacturers—C. Naislt and L. Downer,
BiShopsgate Without, dress-makers—R. Tildwall and J. Furnis,
,dun., Manchester, silversmiths—J. and R. Wilson, Bolton, Lan-
cashire, joiners—J. Crolvther and B. Warwick, Clare-market,
Clare-street, victuallers--J. Oliver and T. Tappentlen, Herne,
Kent, lime-burners-4. Minskip and J. Pollard, Doncaster, York-
shire, brine-merchants—T. Hadland and A.- Lidington, Bucking-
ham, butchers-::.W. and A. Croil, Glasgow--.R. Glen and W.
Hassalls, Manchester, corn-millers—J. M. Blair and S. Everall,
Manohester, cottort-manufacturers-,-E. %linter and J. M‘Keand,
Liverpool, booksellers—E. Phillips, G. Phillips, and T. Wedg-
wood, Dorset-street, Spitaltields, dealers in china.

SCOTCH SEQUESTRATIONS.
J. Niven, St. Andrew's, corn-merchant, at the Tontine Inn,
Cupar, Sept. 18 and Oct. 3, at 12.
J. Luray, Glasgow, wholesale stationer, at the chambers of
Mr. John Ferguson, Glasgow, Ang. SO, at 12.
T. Muir, Kirlcaldy, grocer, at Low's Lay, Kirkaldy, Aug. 28,
at 1.

D. Nliciarlane and Co., Glasgow, Merchants, at the chambers
.of Messrs. Maim and Smith. Glitagow,Sept. 9 and a, at 1.
R. and Co., Glasgow,' manufacturers, at the chambers
of Mr. Robert Muir, Glasgow, Sept. 7 and '2l, at 2.
Durward and Davidson, Edinburgh, spirit-dealers, at Fergu-
gon'a Tavern, Edinburgh, Aug. 17 and Sept. 1, at 2.
A. Macredie, Edinburgh, bookseller, at the Royal Exchange
coil's-house, Edinburgh, Aug. 18 and Sept. 2, at 12.
.1. Graham, Alloa, maltster, at the Tontine Hotel, Alloa, Aug.
19 and Sept! 2, at 2.

E. 800, Merton Hall, 'Wigtonshire, cattle dealer, at the Xlng's
Arnie, Newton-Stewart, Aug. 28 and Sept. 2:3, at I.
J. Crail, Portobello, builder, at Budge's London coffee-house,
Edinburgh, Aug: 23 and Sept. 20, at I.
J. 'Allan and Son, Glasgow, grain-merchants, at the Black
Bull, Glasgow, Sept. '7, at 2.

W. Ogilvie, Edinburgh, spirit-merchant, at Drysdale's tavern,
Edinburgh, Sept. 1, at 12.

J. and A. Monteith, Glasgow, merchants, at the Black Bull,
Glasgow, Sept. 13 and 27, at 3.

ASSIZE INTELLIGENCE.

NORTHERN CIRCUIT—LANCASTER, Alos-DAY, Avu. 14.

WAKEFIELD AND MISS TURNER.

The Court was crowded to excess at an early hour this morn
ing, in conseimence of its being contoured that not. only Edward
Wakefield, but also his brother William, would apply to the
Court to be allowed to traverse the misdemeanour, for which a
bill was found against them on Saturday last, by the Grand Jury.
The ladies, however, were excluded front it, by the circumstance
of a charge of rape standing first in the business of the Court. It
was stated, however, that a considerable number of them were
locked up in the Grand Jury Room, upon the understanding OW.
they were to have admittance into the Grand Jury box as soon as
the rape case was concluded. A gentleman in Court informed us
that among the ladies thus expectant was Mrs. William Wakefield
and two other friends ; Mrs. Chatubre, a cousin of the High She-
riff; and Mrs. Bathurst, a daughter-in-law of the Bishop of
Norwich.

It is said that Mr. Win. Wakefield has no right to traverse, and
that the Counsel fur the prosecution are so convinced of it, that
they think it unnecessary to attend the motion which his Counsel
are instructed to bring forward upon the point. It is likewise
said, that Mr. Turner is anxious to have William's trial brought
forward now, in the expectation that Wakefield will, in that case,
waive his right to traverse, from a wish to prevent the brunt of
this contest, which ought to fall chiefly upon hin►, as principal, from
falling entirely, in the first instance, •upon hie brother, who is
merely an accomplice. On the other hand, people assert, that if
Edward Wakefield should persist in traversing•, Mr. Turner will,
in the long run, as matter of policy, consent to William's doing
the saniejor as the same facts which are detailed in the prosecu-
tion of the one, musf also be detailed in prosecution of the other,
Mr. Turner's going to trial now against William would disclose to
Edward 'the whole of the evidence to be produced hereafter against
him, and would thus give him the interval between the present
and the next assizes to collect witnesses, and to devise glosses,
which might fritter away the legitimate force of it. A few hours
will decide the degree of credit to which each of these on dits is
entitled. •

A little before eleven o'clock, Mr. Serjeant Cross and Mr. Tin-
dal entered the Court, for the purpose of bringing forward some
motion on behalf of the Wakefielda. Mr. Justice Park had just
finished summing up the evidence in the case of a rape, and the
Jury had retired to consider of their verdict. Mr, Tindal, who
presented a very formidable appearance, from the three large and
heavy volumes of law which he carried under his arm, addressed
the Learned Judge, and told him that there was a short 'point,
which his Learned Friends and himself were anxious to submit to
his Lordship's consideration.
Mr. Justice PANK,—.I. cannot hear it now, Mr. Tindal, I can-
not break through the rule I aunt* the other day, fur any person
whatever. All the suitors in this Court are equal in my view.
Mr. CotTsiau—My Lord, it is a very short point ; it relates I
tto a person who has been in custody for a felony, but whose of-
fence has been reduced to a miadenwauour by the finding of the
hear it, until the Jury
Grand Jury.
7114 b.hiriportant case which they
diet, I cannot hear any motion,—(A short paute.)—Thwides, it is
blvieirvviWyee•frrno.eo:juwuulrinsditiejideebilleefrP:°?:::tsiniFelrvlweetr.'iyollu:;;;lLl:ettilellmt:dieyeabiai:seelgei.Vmeinlinign their ver-
Lord, but though
with three large law-books under his arm.
books with me, it is nut's ditliCult point that we were going to
discuss.
Another pause then ensued for two or three minutes, It was
broken by Mr. Tindal's declaring, that he and his Learned Friends
I►lr. TINDAL. ----Ws, my
would attend his Lordship at the rising of the Court to make their
motion, if it would suit his Lordship's convenience, and he should
persooslly have objection to such wproceeding.
Mr. justice PARK.--I wish you would do so ; for your ergu-
-1.1.400 would at the present moment distract my attention too much
• t'eoni the very serious • matter which is at present before me.
ivish you to onderstand, hoWever, that if any
motion is to he
made, the parties, on whose behalf it is made, m ,•
us previously slur-
render themselves in Court.
Mr. TlNDAL.—Certainly, my Lord. 1
have int:Colanwr:

The Learned Counsel here stood up in a state of !teeming indeci-
sion. Mr. Justice Park put an end to their doubts awl hesitations
by a loud address to the Officers of the- Court--. 0 Make way fur
tbe Counsel; they are going into the other Court, and 1 hope now
that we shall have this Court a little thinner." The crowd) which

111r.,Justice Pang, observing the difficulties which beset them
on their sires*, addressed another officer. " Open that door,"
pointing to the door of the Grand Jury Room. Then stniling
very courteously on the Gentlemen of the Bar, " Come this way,
gentlemen, go out through the Grand Jury Room." The Bar, all
gratitude, bowed, and smiled in return, and proceeded to the
door ; but the door, instead of opening at their command, re-
mained dosed against them. The ladies were unwilliug to have
their privacy disturbed, and, the lawyers too gallant to break in
upon it unexpectedly. They, therefore, measured back their
steps into the crowd, and without much further difficulty, made
their way through it.

'fhe Court, in a few minutes afterwards, was comparatively.
thin. At the close of the day, .Edward Gibbon Wakefield was
brought into Court, in the custody of the gaoler. The indict
-
[eat being read over to hint, he snot he would answer by his
Counsel.

Mr. ICOLTIAX said his Lordship WAS AWllir that a bill of in-
dictment had been found. ,

. „ ~
Mr. Justice PARIC--71 snail certainly refuse to hear any motion
till the .pristmers have pleaded. One ,of then) even is not here.
I cannot listen to any motion on a subject of a criminal nature but
when the prisoner is before me. , , ,

In a short time afterwards, in tonsequeuce of this determination,
E. G. Wakefield was placed at the bar.
William Wakefield was also called upon, bdt did not at first
appear. It was stated that he was in the Grand'Jury row, and
after a short delay, he came, into Cowi, and Was ordered by the
Judge to take his seat in the dock by the side of his lir9ther.
Mr. TINDAL Said, that it was not usual for defeudants
charged with misdemeanours to go into the dock like common
prisoners.
_

After a word or two exchanged on this intieet, lie wag per-
mitted ,to stand outside.

Mr. TINDAL then said, that E. CI. Wakefield .now appeared
before his Lordship, under peculiar eircuutstancei. He came up
in custody, and he appeared in the situation of a person rain-
tnitted for felony, but against ►vhotn the Jury hftd not found a bill.
It ►tas every day's practice that a person thus situated- should be
discharged; for either the bill had not been presented, against

Mr. Justice PARK thought the application premature; midi,
retinal to hear any motion till the prisoner was before hint, the
Counsel had brought him up ; he was then at the bar to answer,
and the proper course would be for the charge to be read, and the
prisoner to,plewl, and after that the Court would hear what the
prisoner had to say.
Mr. Cottstan said, the object he had in view was, that the
defendant should not plead at present, but howl, and he thought,
if hiiLordship would listen to q few argutinents, Which hP should ;
urge on this subject, there would he no difficulty in granting the
application.
The indictment was then read, and both the defendants were
called on to plead ; they answered that they should leave "try
thing to their Counsel.
_ _

Air. COLTMAN then submitted that the defendant, E. G. Wake-
field, was not bound to plead these Assizes. He apprehended
that a person was never bound to plead instanter, except to au
indietment of treason or felony, and certainly not to a misde-
meanor, unless he had been guilty of sonic default, by disobey.!•
ing the process of the Court. Here no process tad been issued
against this defendant, for he had been committed for felony,
and kept in prison on that commitment. The charge of
felony was now abandoned, and he was indicted for a Mis-
demeanour. In Convoyed Digest, " Indictment, L. tit. tra-
verse," it was said, that " if a defendant was charged with
treason or felony, he ought to plead instanter, and tit an mis-
demeanour, if he did not appear till the capita, for then l►e
was guilty of contempt ; but if he appeared on Abe suannow
he should have an intpartanee." Nothing that had taken
place since the statute had been plumed, had altered the law
with respect to pleading, except where the party had been in
custody on the same charge for more than twenty days, or had.
given bail to that charge for 20 days. Now, the present defend-
ant did not fall within the principle of either of those two cases;
the party here, had been or►gipally charged with felony, and they
now appeared to answer only: a misdemeanour. The essence of the
charge of felony was force, and. the absence of censer on the
part of the lady carried away. ' Now, the prisoner stood indicted
for a misdemeanour on an entirely different charge,
.one in which
force formed no part of the offence. The statute bad not intended
to deprive the person indicted of all the advantages he before pos-
sessed by the co►mnon law. The intent was to Jive hint twenty
days' time to meet the charge. It was true, that he had brought
his witnesses up fur that purpose, but the offence baring bee'
altered, he must now remodel his whole ease. It was too much
to say, that when he was here in Court, accidentally as it Were,
and without having notice of the charge against him, he should
be called on at once to plead or try.
Mr. TiNuAL, on the same aide, said, that he had hut little to
add to the observation, of Lis Learned Friend. lie thought that,
in this case, the course of the Court would give the best'evidencs
of the law. The course hail been, that, where a party was not iu
custody, but had been apprehended, after indictment, by a bench
warrant, he bad a right to appear, and traverse till the next A.-
sizes. If they had no direct authority on the point, this course was
sufficient evidence of the law. There were two modes of appear-
ing betiwe the Court—first, where the party was taken *tier pro..
easy ; and, the other, where lie voluntarily surrendered. The
present was of the latter kind;. for Mr. E. G. Wakefield, who
was now in the Court on a charge of felony, surrendered voluu-
tarily, and offered to find security to answer this charge for a mis-
demeanour. It would, indeed, be singular, if the Court should
grant to a man apprehended on a Bench warrant, that indulgence
which they refused to one who atirrendered of his own accord.
The object of the Statute was most important. It was to give
'time to plead and meet a charge for which he Was unprepared;
that was also the object of the present application. The ease now
intended to be tried against the defendant was different from that
which he hail expected to meet, and it required time fur the
Counsel to consider whether they should demur to the indict-
ment, whether they should plead to specific parts of it, or go to
trial upon the general issue. The benignity of the Common Law
had allowed them time far the purpose of preparing the best meaus
of &retire; and as the Statute bad not intended to abridge their
privileged in this respect, he trusted the Court would grant this
application.

- Some discussion here took place as to the nature of the wog-
nuance by which W. Wakefield appeared in Court, and a doubt
was expressed whether he could be entitled to the same advantage
which his brother was now seeking to obtain.
Mr. J. P.tuat read the recognisance entered into by W. Wake-
field iu the Court of King's Bench, and stated the terms of it to
be, that he should personally appear at the next Assists for the
county of Lancaster, and answer all such matters and things as
should then, on his Majesty's behalf, be objected against hitn. He
wit►, therefore, of opinion, that even if E. G. Wakefield was en-
titled to traverse, his brother William must he tried. He was
inclined to think that E. G. Wakefield was entitled spun the Sta-
tute to traverse.

Mr. J. WiLulases, on the part of the prosecution, said, un-
doubtedly it would not be proper for them to show much anxiety
on this subject ; but their object was, that the matter should be
(idly stated to his Lordship. The Learned Counsel was proceeding,
when he was interrupted by
Mr. PA mot, who said he wished to nicks a few observations in
support of -the present motion. E. Ci. Wakefield had been in
custody, on a charge of felony, and now stood in the same situation
as a defendant would 414 done at common law. ileapprebended
the eiretunstance of his having been in jail on a charge of felony
placed him in the same situation as it' he had accidentally been in
Court when the Citand Jury had brought in the bill against hint.
This matter was discussed in the case of the Seven Bishop. The
question here was, as they had voluntarily come into Court, whethei
they had a right to impart. The argument Was, that if they had
been taken up, as in case of a contempt, they would not be entitled
to that indulgence, but they might claim it as they had not been
guilty of a contempt. The Judges had adopted that argument
and had allowed the impariance. The principle of that MOO we%
that where the party was guilty of contempt the Court would' ex-
pedite the prosecutor. Time Learned Counsel then referred to the
dictum before quoted front Onnytts'a Digest, and among tha per-
sons who would not he entitled to impatience were these
leged persons who were, by virtue of their office, always supPose°
to be Coiwt. I +
persons must be euppoeell to knotv the contents of the indictment,
and did not require time to consider it. According to the rate
laid down in the case of the SeveO pr.ncip.e o:.t.ist question was, that these
ant clearly entitled to this indulgence.
• tion et his learned
Air. J. WlLLiams observed, that the last citation he thought the d
If, thereiore;was 01,43,* in Court,
Friend was an answer to the former argument, as SocS7:;:ct
ttnee,
rence
between persons who were a/ready in gatd!_,,,,. 0,01 iriit
I hat MO decided
Ivho were si/artily brought in to answer.:Caurt, roust, on that
that privileged Pellir wer,T, 81:alti or tlw Oak:talent Pre-
-I"e°"nt, supposes. `ll -00 W (•—tiot indidgenee was refused
surely
„p
on
stronger n ieti t stood as au undeniable
the principle cams 14,4 /keen in prison upon a charge
tact= dust the party "c—
-j; hod been'
continuity! that the charge
solotantiallY the "me' dant had formal boon accused of
was di/leant, because the delta „ ,7
' in *wrong Mat the body and. 'tub-
felony, yet he felt "
n
f the indictnnint for the IniNidnelliOUr ,14 saute as the
ferwrinnlzeiroesstult,heiptiiiio.
that rise
mil
stAnce o

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