The Sun.
London, England, 1826-08-23 00:00:00

FROM HIS BAIL

ASSIZE INTELLIGENCE.

LANCASTER, Mon,Ay, August £l, ,
Public curiosity, which was highly excited' in this town
and neighbourhood, by the expected trial of this individual
to-day, has been painfully disappointed by'his unexpected

Hight and disappearance. At a late hour last night per-

sons in the confidence of his family intimated, with very

significant gestures, that his trial would certainly not take
place at these Assizes; but the intimation wag considered
as nothing more than part of the impudent swagger with
which their friends have conducted themselves here, and

was not judged worthy of the slightest credit. Thouet
nobody conceived that W. Wakefield would abscond from►
justice, the annunciation that he has done so has not
created much surprise. Trickery seems expected front
the family; and I have heard at least a dozen persons ask,
" What is to be the next trick they are to play before a

wondering public ?" His friends say that he has put off
his trial for the present, in order that he may not disclose
his brother's defence ; but how his defence can injure that
of his brother, if his brother have any valid defence, is a
point which many people declare that they are incapable
of perceiving.
Noti`vitlistenilliig the rumours of William Wakefield's

tlight,which hadgot abroad during the night, the Court Was
tilled to excess at: an early hour this morning. Crowds of
ladies .succeeded in gainincentranee,,but many more were
refused admittance. They ranged themselves on the
bench and in the galleries; and a. party of fair Quakeresses
even took their seats in the prisoners' dark. The attend-
amts. of Counsel was unusually full, and many Magistrates,
unable to reach the seats generally reserved for them,
were- seen standing in the crowd. By the kindness of
Mr. Higgins, the governor of the gaol, whose civility on
all occasions we are glad to acknowledge, a portion of the
Court was set aside for the reporters to the different news-
papers; and they were admitted to it without any diffi-
culty, after the first rush of strangers had subsided. A
common jury was then empannelled.
At half-past nine o'clock, Mr. Justice PARK took his
seat upon the bench, and shortly afterwards desired that
Mr. Attorney-General, and the Counsel engaged in the
prosecution of William Wakefield, should be informed
that he was in Court.

A short pause ensued, during which a great sensation
was excited in the box assigned to waiting Jurymen, by a
proclamation made by one of the officers, that jurymen
were wanted in the other court. Each juryman looked
wistfully at his brother, but none of them appeared in-
clined to stir. Mr. Justice PARK observing their hesita-
tion, told them that they must go; it was very important
to themselves that they should go quickly; for if they did,
the Court would in all probability complete its business
to-day, and they would be enabled to return to their farni.
lies to-morrow. The thoughts of home, in general so
powerfully attractive to jurymen, hid lost their charm on
the present occasion, for not a juryman stirred in conse-
quence of the Learned Judge's adMOnition. He was
obliged to repeat it a second time ; and then, but not till
then, did a few stragglers leave the box, casting " tinny
a longing, lingering look," on those whom they left be-
hind them.

Mr. Justice PARK'S attention being diverted br their
retiring from the reluctant jurors, Was directed with re-
doubled energy towards the Counsel. He again ad-
dressed one of the officers of the Court, and said ra-
ther warmly, " D 6 go, Sir, and tell the Counsel in the
adjoining room, that I am staying for them here •
Mr. BROUGHAM shortly afterwards came into Court;
b u t4rallapioritii>ajapigiggurviter '4l,4rtininp
ntvo: ea II

pearanee at
The learned Junag then &shed where, the defendant W.
Wakefield was. Being informed that he wits not present.
lie desired the Crier to call hint upon his recognizance,.
Prochttnation was then made three times for W. Wake-
field to come forth, save himself and his bail, or forfeit his
recognizance,.

In consequence of W. Wakefield's not appearing on
these repeated summonses, his recognizance: were ordered
to be entreated.

ProdsMation was then made in similar manner that Da-
vid Davies, of Macclesfield, in the county of Cheater, Doc.
for in Divinity, should come forth and bring forward the
body of William Wakefield, whom he had undertaken to
have that day in Court, or that he should forfeit his re.
cogpi ziuices.

•As the Rev. Doctor could not comply with the condi-
tion of his recognizances, they, too, were ordered to be
entreated. So, too, after similar proclamation, were those
of John Cuthbert, of Stonehouse, near Broadstairs,
in the parish of St. Peter's, in the Isle of Thanet, in the
county of Kent.

Mr. Justice PARK asked whether there was any reason
to suppose that: the defendant intended to appear in
Court, or whether he was only prevented from attending
by the crowded state of the avenues leading to the Court ?
Mr. DENISON, of Manchester, the attorney for the
Wakefields, replied, that. W. Wakefield was not in. Court,
nor likely to be so.
Mr. Justice PARK—Oh! Mr. Denison, I did not see
you. Have you any reason to suppose that the defendant
will be here
Mr. DiNtsoN,--My Lord, the defendant certainly will
not appear.

Mi.-BROUGHAM-My Lord, 1 have to move that not
only. William Wakefield's recognizanees, hut also those'of
Dr, Davies and of Mr. Cuthbert be entreated.

Mr. Justice PARK—I have given orders to that effect.
The recognizances of William Wakefield, and oleo of his
recognitors, ire declared forfeited.

Mr. BROUGHAM-1 have then to move your Lordship,
as the defendant William Wakefield has absconded,. to
issue against him a Bench warrant.
Mr. Justice PAILK—I'II issue my warrant against hint
immediately, but you are aware, Mr. Brougham, that my
warrant will net extend beyond this county. You must
apply to sjudge of the Court of King's Bench, if you
wish for a warrant that will extend all over the kingdom.
Have you prepared the warrant ? Was it bespoken ?
A short consultation here took place between Mr. Jus-
tice Park and Mr. Hopkins, the clerk of the Arraigns;
after it ws3 finished,

Mrthatice Pauli turned round to Mr. Brougham, and
spin addressed him.
Brougham, -a point " I wish you would consider, Mr.
o_n_which . I have some doubt. It is
bbnottetrtoaarbeboomuu tot i iihcren,fgoornmr
iy
ino wftatir,annta,ntioeiryo, n that I have no doubt,
htoisthl‘elBpireosste:Butjourl:cts o -"mull'
°E
before
°al"
ont
of
case that circumstance doese that be he brought
I the power to sa;thati he the
ram. The
question
is,
have
sent circumstances a bailable warrant, and he is entitled to
bail under it. TI MY ”rrant, ou klit)W, is Illicit' the pre.
Though he has forfeited his bail in the present
prevent him fromgiving bail
again, and from forfeiting it agam*if lie an pleases. ' 1 bsve
some doubt, whether I ought to let the warrant run in this
usual form, or to put in some clause respeetingthe notice
of bail. The latter eantree would be a limitation of the
Anaoti give
4m
hours-
notice
of
bail
power of the Magistrate : and to limit his jurisdiction
wouhi, lam afraid; be-to infringe it. • I have been asking
Mr. Hopkins, -whither he recollects any instance of a
Judge's-warrant being issued in this county under circum-
stances sit- all similar to the present. One of my clerks,
who, before he was with me, was clerk to a judge of the
Court of King's Bench, says that be has Prepared 'war-
rauti, wherein nothing was said about notice of bail. But
there the warrant was issued by a Judge of the, Court of
king's, Bend', mid that makes all the difference between
the
et
fiP two cases."
Mr. s was understood to say, that ha recollected
a ose from Liverpool, where, under sunder eircumstanc'eb
•