The Sun.
London, England, 1816-11-22 00:00:00

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of the sentence. He hart anntlier object also
this, whlch was, with rt view to prevent any toi,
representation of what he should submit to then.
Lordships. Ile th.n proceeded ‘vith writtet.•
whir'h stared, that at the late trial before
Mr.'..lintice Borrow.;ls he had prayed that his nit-.
'sect in eseapitti.; front ihe King'. Bench Prison
Was. not cri it ii it. The Leltrlled Judge, however,
who then presi.ted, had told the. Jury, that their
decision storm case•betthe them was to be go-
verned by the fact proved in evideoce, and trot by
the intention of the party ae--cused. In this defi-
nition of the law he differed ti-ton the Learned
Judge, and submitted, that the decision of the
Jury ought to hive reference to rite intention.
and not-to the tact. Sorb was the position laid
down by \lr. Justice Abbutt, upon the late trial
of Laniscejoi Davison, who Was ptosecutedby his
Loidship Guildhall, for and corrupt
octinry, on tbe,intliei went against his Lordship
for the Stott; ti;xchange Conspiracy.. The Noble
Lord was proecaliog to enter, two to statemetit of
what p ,ssed on_ that trial, when
Mr. lust ice k I_B_OTT • iniel•VSed, and said, that
'the d‘fen,iant could not enter into Cho tple4iioil of
ljaeisint's case. 'rite only questitto here %vas, i% bat
poniihment the Court ought to inflict in a case
wberer he Net of lain;; found at litrge before the pe.
riod of his former imprisonment was proved Ag..inst
hist Lordship. Lola Coehratie said he was aware
of this ; butt in order to what was The dot y,
of the Bench, he submitted that he was at liberty,
on the preient oco.ision, to point out that the raft;
of taw laid ittown iu the case of in 'jury was coital!),
applicable to the present case.
Mr. Justice BAILEY` ato, that defertchnt
most he aware unat there i% as to ,teat distinction
between a caseot perimy and-a ease of es'eape.
Lord COCIiRANH replied, that when he hod read
his statement upon this sultieet;bo hopeath I. the
COnrt woidd feel the same impressiou upon the
law as lie did ; h'llt it lie was in error, t e tl.etr
Lordships Wbuld, no doubt, decide it cum ct
Undoubtedly, %vh.tt he wa, now about to submit
to'the Court appeared to hint to be•an vf,ential
point foi the Court's consideration ; and it he
was Permitted to proceed, the Court haue
011pOrt11111iyMt iinlol44 whether or not be w as
improperly. occupying their time. But if ,e
was
not peraitte.o tri go. on, ;hen be bad 110 ri dress,
and the Court. would proceed to prontoot
c't fit it
senteoce, without his toot ring into die
Mr. Justice li,kluzy s t it, that he had inertly
suggested to the defuniant, that the till. g now
untier•consideratiolu was his case, and not
that of any other person I t was not cotopelvtit to
flint to cutter into tiny detal niaut Dlvis.on's citse,
nor discuss the pi (Trio y of the Learned JUdge'S
direction on that occasion, still less to que;tion
the propriety of the decision in that case. Ii teas
very tar front the wish of the Court to prevent his
Lordship from stating, any thing which was mate-
rial for him to state, provided it was relevant,
to
the subjei t helot e the Court,
Lord CoCiitTANr said, that the fact in his ease
was proved, and that the criminality of the inten-
' turn wis wholly disproved. His Lordship re-
ginned his consideration of thc,ease before Mr.
Justice Abbott, and said, that the direction of
that, Learned Judge ought to have. beet; the, rid,.
laid down in the present case. It was essential, he
contended, that the mind should he pr,ived to
have gone along with the 'act. Both this trial
and that of Davison were the effects of the tonne,.
trial of his Lwrislitp, for the supposed eimpiracy
at the Stock Exchange,• for which he %vas roost se-
verely (not to express it stronger) sentenced by
the Chit (Justice of this Coml.
Mr, Justice IlamEv—That was not the act of
the Chief Justice alone, hut the uct of each Melo,
her of the Court, and if the (Abet Judges had
been Of it different opinion from the Chief Jus-
tice, he could not have enforced his judgment,
whatever might !Ave been his wish upon the sub-
ject. 13ut supposing there bad been no differearc
eft opinion, I consider the sentence on that occa,
snot as the sentence of eacti judge—all of Munn
deliberated gravely open the case before them,
It is not the act of a single Judge.
Lord (.:OcultartE-1 am aware of that, but
if
your Likrddlips • have no other means of jirdging
upon the case submitted to your considuration,
hut what is contained in the notes of the Chief
Justice; and if those rioters be not correct, what
Other means hrt;se the other Judges of coming at
a jou foundatinn for their` judgments
Noble Lord then restimed his comments upon the
case of Davison, and took occasion to question the
lrrol)rlety of the Learned Judges' conduct on that
occasion, when
Mr. Justice BAILEY 'again interposed, and said
that the Court could not—it Must not, suffer the
defendant to in-we:act) the propriety of the sum-
ming up of the Judge in the ease which' bore no
relation whatever to the present question.
Lord CoenRANE said, that the' Court would
find that what Lie meant to Sabroit• respecting
D I visou's case was relevant to the casehefore their
Lordships.
.Mr. J BAILEY''"—It cannot.
Lord COCHRANE again resumed the saute topic,
and again called forth the interposition of
Mr. J. !tat-LPN', who said that the rules of the
Court were binding npun'all, and could not be
relaxed in favour Of anyintlividnal, however high
his rank. The detemlant was clearly irregular in
the toorse he was now pursuing, and the Court
tiattst set .its lace against a precedent so dangerous.
he Coati acted under the solemn sanctiou of an
MO it 'Wig, maintain its own dignity, and
Was bound to uphold those rules-which had been
established by the wisdom of ages. :Any thing
relevant to the case before them they would most
cheerfully hear, but they could not suffer the rules
of the Court to be set at naught.:
Lord COCHRANE still insisted that be had a
right to call the ease of Davison in aid of his present
purpose, especially as the decision Of the .hay `Otis
in opposition to the charge of the Learned Judge.
Mr. Justice ABDO-CT.—I have no 'apprehension
of the result of any investigation into my judicial
conduct, on any occasion since I have hitt the
honoor of sitting upon the Bent), ; but I am cer-
t4nly bound, sifting in this place, to say, that the
investigation of any opinion or direction of 'lilac
upon any other case, wbolly unconnected with the
case before us, ought not to be permitted. it seems
to MC that the course now taken by `yore Lordship
has nothing W de with the case before the Court,

and I for one nortt decidedly resist the irregularity
of this proceeding. /
Mr. Justice IlootoYD expre;sed himself to the
.au:* effect.
Lord COCItRANIt again res ;met', but again call-
ea forth the interposition of
Justice BAILRY, Mr. Justice ABBOTT, and
\lr. Justice HOLROYD, "ho all agreed that his
Lordship was so irregular, that they could not
,ntfer him to proceed u!iiitt tiny thing but what
bore upon the Cage heiore the Court. -• ,
Lord COCHRANE then said that he had nothing:
more to state. The CoArt must pronounce its
judgment, without giving hint the opportunity of
stating his case. They were at liberty to sen-
tence him in Any way they thought necessary. It
teas impossible he could disronneet his present
observations from that part of his adtkess.
gin! it,h-
the Court might thnik,reletant. Overwhelmed as
he wit, by the injustice done to him by the Bench,
:ina by the servants of the Crown, he supposed he
must submit to whatever punishment the. Conic
might think proper to impose upon him, without
a heating.
Mr. Justice ABBoTT.—.-You are nut entitled iu
this place to speaft of the Hutt; ice tat Be•,ch ;
nor are you entitle*" in this place to accuse pet,ons
who hate 00 oppot Imlay of repelling, your. -
8,111011. That is a tvhic:t you have A
right to pursue. You ime t Allude to
any e4se, which has no conoeceo with the
tinder the cousiderati ut the Court The C.iiirt
is ready to in kin!, ani pAy all re-pek.t to any re-
m Irk you 1113 y tiditress , rehtilig to the tutee
ts beet. prctei t eel against -you, and upon
,% Lich the July have plimuiinced a verd,ct. Any
rehiting to that matter., witch yin* may
ukase in addles, to the Court, we will niftod to,
,sets' give- your ease a due and merciful ,thasi-
deration.
Lori, CocnuANE.--Your I4ordships are ,aware
that I hate nsrbi eery endeavour to obtain an
investigation into niy
'ease. Yon well know, that
0. het, 1 came IMO this Court owl* former rocca-
snit), you refused me a new trial, underArret ext
'of a Hide ot Court ; and yon know writ that af-
vfi,iavits,were rejected upon that occasion, because
the persons making those aflidavits-had been call
ed it tvitnesses ; and yin) know asst, that such
eildenee had been rye( ived by this Court, ablto'
e persons giving it. had not beim called as wit-

tosses.
Justire BAILEY said,this was not • the fact.
Tho r eStablishe rule of the Court in moving for
mew trials %vas, not to receive the affidavits' of per•i
sons ',lit) had been examioed as witnes*es t, lotl
tilt` previous trial, not to receive the eh-davits of
such persons as Might have been ptodueed upon
such previous trial. It WAS upon this ground
alone that the new trial was refused in. the in-
stance alluded to.
Lord CoCHRANE said, that as far as he•Vras en-
pable of judging, Lordships had decided
otherwise. With letipeet to the present point, he
regretted that the Court Would not allOw him to
state his case in his own way. Lie was desirous
not to enter into any verbal explanation, lest he
might be subjected to misuuderstanding or mis-
ieprosetamitin, and words put into his month
ultieh he never tittered, - hie had resolved to lay
his case f.dly hetore their Lordships, but if they
were not disposed to hear him, lit' must submit
to whatever their decision might be; their Lord«
ships' mind seeming to be • made up upon a case
which they had slot heard.
Mr. Justice kioutuvo said, that the Court
were ready to pay the tonwst attention to what-
ever Was relevant to the case before them ; anti
• it the defendant could show in what poisible way
the course now pursued bore upon the ease, the
Court would be most attentive to it ; .but sinless
he could spew bow it bore upon the charge befole
them, they were bound to abide by the rule of
Court applicable to this, as to all other cases of
the like nature.
Lord COCHRANS. —Your Lrsraships must be
(ike aware that I have no other means of shew.
tc.relevancy of the matter I am urging, than by
saying it—by submitting it to your. Lordships' at•
lention.—l shall trouble the Court no further..
Mr. MARRYATT then addressed the Court at
considerable length in aggravation of punishment,
dwelliog principally upon the topic contained in
the affidavits adduced in support of the. prose,

Mr..Gunwsi, followed shortly on the same side.
The deiendaut's excuse for breaking prison was,
his desire of !miring an opportunity of, preferring
a coutplaint of irkinstiee done him ,to the House
of Commons ; but his escape took place on the
7th of 'March,' and he did not make his appear-
ance in the 'House of Commons until the 21st of
that month. The Court, therelae, would judge
of the motives of the defendant by the manner in
‘vbieli they were effecteil
Air. Anot,Pnus was also on the same side, but
added nothing to what was said by his Learned
Colleagues.
After the Court had deliberated for some mi-

mites,
Mr. Justice BAILEY, in passing sentence, re-
capitulated the cirentustanees of the case, upon
which he commented at length. The Court,
however, bad taken, into consi,leration the mere'•
ful recommendation of the Jmy (which in all
cases would have its due weight), and the heavy
consequences which had been •drawn upon him
by the nature of the latter part of his imprison-
mew, by which his health had been impaired, and
therefore they ordered and adjudged bins to pay
a fine to the King of 1001. ; and that be should
be coMmitted to the custody of the Marshal of the
Marshalsea of this Court until that fine be paid.
Lord COCiIRANE remained on the floor for
a few moments, but the fitie not being p*iti,
the Tinstaff was sent for, and, to the etntudy of
that Officer be VMS committed.
In passing thvongh Westminster-ball, his Lord-
ship was repeatedly cheered by arrow!! of persons
who were waiting to hear the 'result. He was
afterwards conveyed to the King's Bench prison,
and placed in the apartments above the lobby
which he had occupied after his escape until the
expiration of his sentence.

The followint ludgmenta were then given by
die full Court, upon the tnotiou of the Aitnruey,
General :--
•' Yin. Whittleand War. Ilomlin.. for übstruct-