The Sun.
London, England, 1820-04-24 00:00:00

KING V. DAVIDSON.

Thomas Davidson was brought up to p1e4,1 to
a Bill of I..rnett:tent found against him by the
Grand .I,,ty at the list Session, ot the Old Bailey,
and which charged him with p•iblishing a blas-
phemous libel, tendingto bring the Holy Scrip-
tures into disrespect. I-le pleaded Nut Guilty, and
requested that he might be furnished with a copy
of the indictment,
Mr. Justice liRsT said, that the Cori: t had not
the power of grinning it, as it was not an indict-
ment preterrcd by Goverunant, but by the Society
or the Suppression of Vice.

THE KING V. SIR CHARLES WOLSELEY AND

ANOTHER.

Mr. PEARSON rose to move fora role to spew
cause why the verdict found against the defend-
ants at the last Assizes for the County of Chester,
before Chief Justice Warren, should. not be set
aside, and. a new trial granted, The defendant,
Sir Charles WOlseley, was now present in Court,
but the other detendant. Harrison, beiog a pri-
soner in custody, the rules of the COOrt did not
require his pet tonal attendance. The groutrds on

which be made this motion originated in the
summing up of the Learned Judge. He was
vitt aware of the delicate topic on which he
was touching. The indictment against the (le-
ends nts contained two counts ; the first was for
an unlawful assembly, and msking Seth ions
speeches, which had a teroleihey to s-ir up
the people to contempt of 'anti disaffeet ion
towards the Government ; and the second
was for a conspiracy to effect the same pur-
poses. In the course of the tti4l a misconcep-
tion (no doubt) of parts of the evidence took
place in the whid of the Learned Judge. The
effects of that misconception wet e, an erroneous
statement of facts, and comments equally erro-
neous upon them. It was sworn by a vet y young
man earned Johnson. who attended the no-eting
in the crowd, that. Sir Charles Wolesley used the
following words in a speech he made there :
" Be firer, unite your strength, for in threewteks
the great struggle will he made snd ended." Ile
never mentioned these expressions to any hotly
until lie told them a fottnight before the Assizes
to one 'Buller, who was at that time committed
fee felony. On Johnson's cross-examination he
admitted that he could not recollect . either the
order of the speakers or nay other words used by
Sir Charles VVolseley. He also said he 'Was at
the meeting from the beginning, and that Sir
Charles was the first speaker,
.though all the
other witnesses fur the prosecution concurred in
stating that Mr. liarrisein spoke for a consi-
derable length of time before Sir Charles Ifolse-
ley came. The words attributed to Sir Charles
Were directly contradicted by two reporters, one
of whom was connected with a Niinistetial Paper,
who swore they never beard him use them, and
that if he had used them they mast have heard
him. The mistake made in the Learned Judge's
,summing up occurred in t-bis manner. About an
hour before Sir Charles Wolseley came to the
meeting, a constable was very improperly assault-
ed, and when Sir Charles subsequently addressed
the meeting, he cautioned the people to bewaie
of spies and informers. Now the Learned Judge,
in summing up, confused the order of the faces,
and made the speech of Sir Charles to precede
the assault on the constable, and observed,
in allusion to the caution respecting spies
and hifortners, " Yon see, Gentlemen, how
well his (Sir Charles's) directions wet e obeyed, for
a constable was nearly killed on the occasion."
T::e Learned Counsel then observed, that this
Transposition of the ender of occurrences in the
charge.to the Jury, when their memory of the
evidence must be supposed to he very imperfect,
atter two days' trial, ',Mist have powerfally pre-
judiced them against ithe &Ancients. He had ten
affidavits to support his application, though he
thought it right to state that his Learned Cole
league (Mr. Parke), from vatose notes Of the case
he 10,11)&61 the.motion, had not taken a note of
this last mentioned circumstance. Leaving the
case therefore to their Lordships' consideration,
he shmild not trouble Clem with any further coin-
went .

The CHIEF Jumest—Thongh Mr. pc, ke has
not got the portiettiar tApression on. his notes re-
sp►ecting spies and informers, as connected with

the its.sauir, does lie recollect that IL Jt.i!ge Inado
ally such oh-s'elvation ? .

Mt. ProtxE—My infpression certainly is,,IIJII,
the Learut,d Judge miStook- the' older in whica
facts were represe'ntedin evidence to have occur'
red .at the meeting, but it did not•ar the time
pear to me that his mistelte was so dear and dis'
tiiict as so warrant tu i e in ntvr,ttpting his charge.,
Iltheur I say this, I beg to add, that a number or
persons present at the time did think the J,,dgd,
made the mistake in fte manner stated by fl
Learned Friend.

CHIEF Just-rico, after consulting with the
other 'hinges for smme time, said—This is a case
in which the Judge's notes on the trial must come
before us, • whether we grant this application oe
not. The present application'is .a very novel one°
I don't recollect a single instance in which art
application was made tor a new trial, in consc..
(pent e of the selection of a 'single passage from a
Judge's Charge. As we must have the Judge's
noie•, you may take a rule to chew cause, but iC
ems( not go into the new trial paper, and thereby
become a means of delay. You mils( he prepare('
to sti,t,in it as soon as the Learned Judge sends
us the Report.

PcmcsoN accordingly took his rule on-
teren, and promised to file his affidavits for
the information of the.Coost, not with a view of
being ansivercd, as the Chief Jusrit.e ohseived--•
they could not try a Judge's charge upon Esthete'
vit s