The Sun.
London, England, 1820-07-20 00:00:00

ROWN COURT.

. The calendar consists of two divisions. The
,first part contains 39 prisoners ; 5 for murder, 1
for rape, 2 for highway robbery, a for burglary,
•tt for forgery, 1 for child murder, 2 far mali-
ciously shooting and wounding, 3 for sheep-steal.
ing, l for horse-stealing, 13 for theft of various
descriptions, and 1 for administering deleterious
tuff' to a young woman for the purpose of occa-
sioning an abortion. Besides these, two other
prisoners were conducted into the Castle on Sa.•
turday last.

IGIT TREASON.

The second part of the calendar contains the
mimes of 25 prisoners charged with High Trea-
son, and with the specific act of levying war
against the King. They are of various ages,
from '2O to 50. Two periods of time, and two
places, are particularly specified the 31st of

March at Huddersfield, and the I(2th of April at
G rap ge-moor. The numbers at the former place
:.re stated at .500 and more ; at the latter 300 and
more are stated to have assembled in arms. Only
fire of the prisoners are charged Ns ith haNing
traitorously assembled at Huddersfield. Many
of them, besides the charge of meeting on the
12th of April, are charged " with having on the

right of the 11th of April riotously and tumul-
tuously assembled at Dodworth, armed with
pikes and other weapons, and forcibly entered
the dwelling-house of William Siddons, and by
threats endeavoured to compel him to go with
them to join the general rising of the disaffected,
for the purpose of effecting by force and violence
an alteration in the laws of the kingdom." The
, committing Magistrates are—John Haigh, B.
Haigh Allen, Josh. Scott, Esquires, and Stuart
Corbett, D. D.
The customary formalities that precede the
criminal business of Assizes occupied more than

usual time on this occasion, as it TVI3 the first
Assizes dated in the reign of George IV. There
was a very numerous attendance of Magistrates ;
among them was observed the Rev. Sydney Smith.
The names of all the Princes of -the Royal Fa-

mils, including Prince Leopol-1, and, we believe,
the names of all the Privy Council, are included
in th 2, Commission. The Judges of the several
Courts, and the Attorney and Solicitor-General,
are also included.

Mr. Justice PA.nx took occasion, as the names
of the Coroners were calling over, to caution
-then', as well as Justices of the Peace, from exa-
mining prisoners on oath, as that precluded their
statements from being received in evidence, and
might thus frustrate, in many cases, the purposes
of justice.
The Hon. George Saville, Viscount Pollington,
is foreman of the Grand Jury. The Proclama-

,ton against vice, profaneness, and immorality, was
.read in eKactly the same terms as usual, excepting
that it is dated from Carlton House, Feb. 12,
1820.

Mr. Justice PARK charged the Grand Jury td
the following effect :—They were assembled under
his Majesty's commission, to discharge the most
important and the most awful duty which
could devolve on them as Members of 'So-
-ciety—he meant the administration of criminal
justice. Bat having, while at the bar, and before
he had been raised to his present station, known
them as Magistrates, and some of them as Mem-
bers of the Grand Jury, he should have made no
address at all to them, but that the present ca-
lendar contained charges connected with a sub-
ject not so generally known, on which it was of
great importance that he should address some ob-
servations to them, and on which some observa-
tions must be expected by them. The subject to
which he alluded was high treason—a crime of a
very deep dye, and a crime which, he could say
from experience, was not of frequent occurrence
in this countye-,of no occurrence at all, he might
say ; and he. hoped this would ,be the last occa-
sion of inquiring into it for many, many years, for
the credit both of themselves and of the county.
Ii igh-treason was ranked pre-eminent in criminali-
ty, as it tended snore than anv other crime to disor-
ganize and subvert the very fabric of society. The
particular kind of high-treason charged on the
present occasion was levying war against the Kin,
in the realm. This was declared to be high-
treason treason by a very old statute, the 25th of Ed.
ward 111., which began in the following terms :
—(Here his Lordship read a large part of the
act, and explained the meaning of i‘ prove_
ably attaint of that deed by men of their con-
dition.")—On that statute the bills to be prefer.
red before them were framed. Besides the sta.
tule of Edward, there was an act passed in the
year 1796, the 36th Geo. 111. ch. 7., which
extended the act of Ed ward particularly as to
the levying of war. This act was made per-
petual by the 57th of Geo. II 1.,.ch. 6. By the
6th of Geo. 111. the compassing, devising;, in-
tending to levy war, &c. was made high treason,
us well as the actual levyin" of war, &c. It was
possible, for he did not know how that was, 'that
the bills might be framed on this -statute also.
fie rnentimed only the Parts of those statutes

which referred to levying war, so as not to dis- '
tract their attention. The second statute he had
mentioned was in this regret an enlargement of
the first. The first required actual levying of war ;
the second required intention merely, provided
that intention was manifested by overt acts, such
as declarations; printing or circulating incitements
to treason. The state of the country, and the
disposition of the times, unfortunately, but im-
periously, called at the time for such an act to
guard all that was dear to us. High treason
must be proved by two witnesses. In this it dif-
fered from the Law of England on all other sub-
jects except perjury ; but two witnesses were
not required for the same act, their testimony
might refer to different acts. If one act was in
this county too another fact might be in another
county. But he observed from the depositions, that
all the overt acts charged were in this county. So
mild and merciful were the laWs of England on this
head, that all the overt acts must be set out on
the face of the indictment. He should now pro-
ceed to explain to them why conduct such as
would be charged. in the Bills was construed a
levying of war. This he should do on the autho-
rity of all his predecessors on the Bench cele-
brated for their knowledge and their integrity.
He referred not only to adjudged cases, but also
to text-writers ; and on their anthority he said
that any large rising for a general: purpose was a
lying of .war against the King. It must not be
from private revenge, or to redress private wrongs.
The pomp and circumstances of war were not
necessary. If it was for the purpose of redressing
any real or supposed grievance by physical force,
and the parties had no private or particular concern
with the grievance, that was a levying of war,
however they might be armed ; for the law said,
" furor- arena ministrat." He had thus given
them the doctrine of his predecessors, and the
concentrated wisdom of antiquity. But it was
necessary to refer explicitly to the greatest au-
thorities on this momentous subject. 11e first
called their attention to Blackstone, a celebrated
commentator on the laws of England, and .known

to every gentleman and every scholar.—[llere
his Lordship
.read copious extracts from 'Black-
stone req'ecting the law of levying war against
the King in . his realm..]—The next authority to
which he called their attention was Foster, whO
was traditionally stated to have been a great
as,,erter of liberty.—[His Lordship read large
extracts here from Mr. Justice Foster, in illus-
tration of tl.e circumstances required to consti-
tute a levying .of war against the King in his
realm."--But he understood it would be given in
proof before them, that the persons charged with
High Treason were armed with military weapons.
The authority he should next quote was that of
Hale, who, whether considered as a magistrate,
as a man, or as a Christian, was above all
human panegyric. [here he read Male's
well-known distinction between a design to
destroy an enclosure, or particular enclosures,
and a design to destroy all enclosures.] He could
have carried them back to more remote antiquity,
and have shown that he was supported by more
ancient authorities ; .but he hoped he had satisfied
them, he knew he had satisfied himself, that he had
conscientiously stated the law upon this subject,.
Having ascertained the law, they were next to
satisfy themselves whether overt acts were cam,
mitted,• and of a general character. Then they
were to inquire whether the persons charged
had been engaged in those acts. Meetings,
consultations, confederacies, as to the manner in
which the object was to be attained ; engage-
ments to assist ; compelling-of others to assist ;
breaking open of houses for arms ;—all these were
overt acts of high treason. The acts of every
individual were the acts of all, even although
not present or connected with those who com-
mitted them before that time, because by subse-
quent assent they were understood to have agreed
in all that had been done before for the nefarious
purpose in view. He had read many, but not all,
of the depositions; but he would not go into
detail for fear - of exciting a prejudice, which
God knew was not his purpose. The unrea-
sonableness of the attempt ; paucity- of num-
bers (though here they were more numerous
than the well-disposed could wish ;) the humble
condition of the parties; the want of fit equipments;
the inadequacy of the means, however wild and
hopeless they might really be—=and wild and hope-
less he hoped the object of such desperate and
wicked men would always be—did not diminish
the criminality of the act. We knew that rash
and evil-designing men expected many advan-
tages from insurrection, and there was no doubt
that insurrection, if not checked in time, would
get many adherents ; for of insurrection it was
always true—vires acquiril eundu.—Surely it was
a duty they owed to the peaceable inhabitants to
afford them the immediate protection of the law;
for he could not but consider it a morbid philan-
thropy, and not much of Christian charity, to be
more anxious to afford relief to the wicked and pro-
fligate than to giVe praise to those that did well. His
Lordship then explained the law respecting the
evidence of accomplices : it was to be received
with caution, to be examined with attention, to be
weighed deliberately, and to be considered care-
fully. It was ordained by Providence that law-
less .men could never find their confederacies in
vice characterized by stability. He had heard
this doctrine explained on that Bench, with a
clearness and force never to be surpassed, by two
as distinguished Judges as ever adorned the
Bench—he meant l'ilr.Chief Baron Thompson and
Mr. Justice Le Blanc. It was in 1813, and he
was leading Counsel for the prosecution. Hav-
ing the example of such distinguished men, lie
continued to entertain the opinions he had stated ;
and although they were cavilled at and opposed,
he should continue to entertainand to act on them
till higher- judicial authority than his would
t sanction their abandonment. The alarm and
distress which, disturbed the country since
the commencement of the present year, he
was sorry to say,--hut it was his clear opi-
nion, and the depositions confirmed that opi-
nion,—were in a great degree to be imputed to
the wicked publications, to the multitude of
. wicked and blasphemous pamphlets printed and

circulated with nnremitted diligence, which ca-
lumniated Government, and dictated a bold and
infamous defiance of God him?elf. He need not
say how much it was their duty to discourage
every publication of that description, and to per-
suade their neighbours to discountenance all
books and prints of such a tendency, for they
ultimately led to the chambers of ignominious
death. Their own bright example would teach
loyalty to the Sovereign, and respect to the laws
of God, as the means of present felicity and of
happiness hereafter. If, on the subject of Trea-
son, or any other point, they felt any doubt, they
might command the best advice which he or his
Learned Brother could give. Ile had directed
that the bills for high Treason should not be the
first preferred before them, because they could
not be tried within_ the compass of the Assizes ;
but if they should find any bills of this kind, the
Assizes would be adjourned, that those persons
against whom bills might be found might come
to be tried as early as the law admitted. His
Lordship concluded with making some observa-
tions upon the evidence required to support a
charge of an extremely delicate nature in the
calendar.

HIGH TREASON.

SPECIAL COMMISSION OF OYER AND TERMINER

STIRLING, Jury 15.—Although the Court did
not adjourn till three o'clock this morning, the
Commissioners entered the Hall at ten.—When
the prisoners were placed at the bar, James Cle-
land, smith, of Glasgow, was named for trial.
Mr..ls:rrarr stated, that seeing the issue of the trials of
and Hardy, notwithstanding the struggle of their Coun•
sel, he thought it his duty to advise the prisoners, if they
Were conscious of their guilt, to withdraw their plea of Not
Guilty and to throw themselves on the mercy of their Coun-
try.

AurovaTE addressed the Court. He wished it
to be understood, that this line of conduct Was adopted by
the prisoners without any bargain being made for (hum He
had no doubt they might receiVe the mercy of the ('Town ;
but he considered it his duty to intimate the possibility, nay
the probability, that the prisoners might, notwithstanding
their pleading Guilty, suffer capitally.
Mr. JetiHEY acknowledged, that there had been no com-
promise.
The prisoners then severally pleaded guilty. They were
taken from the bar and sent back to the Castle.

The LORD PRESIDENT remarked, that although Mr. Jeffrey
had objected to Mr. SetTeant • 1-lullock appearing against the
prisoners, yet, in fart there was no necessity for the objec-
tion. If the whole Bar of England had been engaged for the
prisoners, they would not have been better defended than
t hey had been by the ability and perseverance of Mr. Jeffrey.
Ei'ery point was urged, and every effirt made that was pos-
sible. This handsome and well.nierited compliment was eon-
chided, by his Lordship observing, that the result of these
trials bad been to raise the character of tt.e Scottish Bar.

Join Anderson, wearer, St. Niniates, was next put to the
Bar. Ile withdrew his plea of Not Guilty.
The. Loan ADVOCATE said, that it was unneeesary for hint
to repeat the statement he had made when the other prisoners
intimated their wish to plead Guilty.
A Petition was presented to tire Court, from certain persons
belonging, to Camelon, praying that the Bench would appoint
Mr. Fran.cis Jeffrey and Mr. J. P. Grant, to act as their Coun-
sel ; and failing either of them, Mr. Cullen. These indiri•
duals arc not yet 'arraigned,
James Crau,for•rl, wearer, Ba4Trore, also withdrew his plea.
The same intimation was made by the Public Prosecutor with
respect to the terms on which he made his confession.
The i.OKD AorocaTE said,:that there were different shades
of guilt ; and, as the guilt of the prisoner was not so aggra-
vated as that of some of the other prisoners, it would cer-
tainly gire him great personal pleasure to see the Royal Cle-
mency extended to this youth.
The Petit Jury were discharged for the time but they, as
well as the Grand Jury, were directed to attend on Monday,
the 31st inst. when the Court will resume its 'sittings.
The Court adjourned at mid-day.
Mr. J. P. Grant is. expected in Glasgow. on Monday.