Star.
London, England, 1825-06-25 00:00:00

• , . . '

' Peel) wou'd app'y himself to the taw, line devise wine remed
against such an evil. The prayer of the Petition ►bas, that th 4
27th Geo. 111. might be amended,• Kt that ' Clergymen might
be punished for improopetionduct.
•• Mr. Secretary PEEL said he had never heard of
the name of Dr. Free before, though he was aware oh
the respectability of Mr. Burgoyne. Of the facts he
knew nothing. If the allegations were true, the per-
son accused was utterly unworthy of his station—
(Hear). But considering the general exemplary con-
duct of the body 'of the Clergy, such an instance of
misconduct only appeared the more flagitious. He
would inquire into the law, and if it could be amended he had no
wish but to have it done. Still, as there were suits pending, he
hoped that the Petition might not be printed.
Mr. BROUGHAM agreed that the Petition ought
not to be rrinted, for the reason just assigned. The case
was a flagitious one, and he regretted to say, the hue
Diocesan had shewn a culpable remissness in bringing
the matter forward. If it had been a matter of neg-
lect of the Thirty-nine Articles, something would have been done.
He bore testimony to the respectability of Mr. Burgoyne, and said
it was shameful that Dr. Free should be permitted to act as a
Clergyman.
Mr. J. SMITH said he knew the faits to be true of his own
knowledge. Mr. Burgoyne had acted with the greatest reluctance,
and had given Dr. Free the option to give up his rectory and ap-
point a curate, and then no public notice would be taken of
his conduct —The Petition was ordered to be laid on the table.

• .1
on tie rant? when be pointed out trio of my sheep. 'Miter*
was of pitch and tar snindgect on the right side, not in any pertieu..
lar farm,
nor were there any initials; it was about the size of an
inkstand. Haggett said he saw Beal leading the ram awry In a
string; the Silue of the ram was about 50s. but I kept him for
breeding. I told Adams that my chatke against Beal was fur a
felony; chid was before he brought the form of the search warrant
into the mon.
The ATTORNEY-GENERAL.—The distance. front West:
wood Common to Beal's house is ahem three miles. I told Mr.
Kenrick that I had seen the ram in Bears fold, and that I bad a
chain of evidence against him. I do not know whether Vows-
i with me as a witness .
K
w whetheraggett w
Beal turned his sheep on West:fares..,wood Common, and I know nothing about the size of his faynt.-
toinliegdstoini. a
ggßeal told me how the rant was marked, and I knew the rant front
ietes don't aikute 10. ir
his description. I told Kenrick this. Kenrick never told me;
during the converution, that it ought to be ;wide the subject of 1
civil action. Beal told me it was his own ram, and I told Mr:
Kenrick that he said so. I did not tell Kenrick everything thai
passed between Beal and myself, but I answered all his questionC
The question referred to Nash and the other was, whether
fleece was mine or not?
Mr. BitOUG H A M.—Haggett told me he had seen Beal seat
the sheep, but he did not see him take it off the Common. *hen
I shewed Mr. Kettrick's note to Beal, I said, " I understand y
are a favourite of Kenrick's, or else you would have been • placed
in an awkward situation." Beal said, '• he did nut care a d---a
for me or Kenrick."
Mr. M. A. TA YLOR.—Adams brought in a search-warrant
the room; neither Mr. Kenrick nor Adams gave hint (witness) any
paper to sign.
Sir It. Kr I ISO N.—Berl might have obliterated the mark' after
he (Candor) had told hint his intentions to charge hint with a.
.felony.
The SOLICITOR-GENERAL—Mr. Nash, to whom it was
referred, is a very respectable man; before his (Canter's) person
was searched he had not said anything rude or uncivil to Mr.
Kenrick.
Mr. W. LAMB.—Witness was not advised by any one to take•
the course he had done.
Mr. 11 [LOU GHA M.—He (witness) offered to give evidence on
oath Deicer Mr. Kenrick, but he did not take it.
Mr. Secretary (witness) was not dissatisfied with
the compromise which was entered into at the trial by his Cour.sel.
He thought Mr. Kenrick was not a ht person to hang a man, as lid
had let one eacape.
The AT roitNEY.GENER AL—The compromise at the
Assizes, he (witness) talked about with Mr. hlarryat his Counsel; •
he (witness) now lived in Church-street. Stoke Newington' his.
Attorney lives in Falcon-square; he can't teeollect when be fiat
gave him instructions to draw up this Petition ; he never made auy
offer of compromise to Mr. Kenrick. —The witness withdrew.
Mr. DEN MAN said he had no intention to call any other wit-
ness on this part of the case.
Mr. bIiOULiHAM suggested that the more regular
course would be for Mr. Kenrick's answer to be given by way
of Petition.
Mi. S.:cretary CANNING obieeted to that course,
and thought the Counsel should read the Petition of Mr. Kenriek
as part of his speech.
Mr. BROUGHAM said his ohj ct was not to pre.
chide Mr. Kentick from addressing them, either by
hums Counsel, or Agent. Ile wished to have some
record of the proceedings. When Counsel was heard upon eves y
thing connected with the matter, he would wish to lure the au-
swer presented in shape of a Petition, and this would serve as a
recurd of the proceedings.
Mi. 6UItSEY then iead the statement.—lt stated the •
facts that Mr. Kentick was not at the Assizes when the
ttial took place, and that the compromise was not m ttie
with his consent. That he had no knowledge nf Beal
but by reputation, and never spoke to him in his life.
He denied that any motive could be imputed to him
for acting with partiality. He might have committed
an error in judgment, but nothing mote; and he sub- .
mitted his Lase to the favourable consitetation of the.
House. The Learned -Counsel having finished reading
the statement, sa d he should be quite content to leave
the case of Mr. Kenrick upon this statement, but fur
the part which he had taken in the proceedings out of -
which the accusation arose. His reason for proposing
a compromise at the t•ial•was this; he understood the
whole object of Camfor to be that cf obtaining his .
costs ; and as he saw that a verdict must go against h:a
client, he consulted with the Counsel for the plaintiff,
and they entered into an arrangement, to which he
agreed. It was for the House to say whether Or'not,
upon afterwards finding the compromise not equal to •
his u ishes, this person had not brought his Petition
before them as a measure of revenge? The Learned
Counsel then defended the course taken by Mr. Kenrick,..
in refusing to rant the search warrant, as being one of .
sound discretion.. Was it to be said that every
Magistrate , was compelled to grant a search war-
rant upon its being asked for? If so, it would be '
no longer necessary to have Gentlemen of learning
and character in the Magistracy ; for the office ,
might . as easily be discharged by a foo man or a.
clerk. Domestic privacy would be no longer secure
from intrusion, and the liberty of the subject would
be destroyed. The case came before Mr. Kenrick
in the shape of a question of disputed property
and the course to be adopted in issuing his summon';
instead of a search warrant, was one which had done no
injury whatever to Camfor, in respect to any ulterior
proceedings he might have taken. It was impossible
to say that there had been any denial cf justice, either
in intention or effect; and with these few observations,
he should confidently leave the case in the hands of
the House.
Mr. BOLLAND was asked by the Chairman whether
he des'red to add anything on the part of Mr. Kenrick?
which the Learned Counsel declined doing. •
A MEMBER. under the gallery said that Beal was al•
ways considered in the neighbourhood to be an honour-
able and respectable man. He Was of opinion, that in
such a case a Magistrate would be highly. culpable who
hastily issued a search warrant—(Hear, bear). The Mr. Nash
who had also been referred to, was a man of most respectable cha-
racter. lie was not a common farmer, but very superior to that
class of persons.
Mr. S cretary CANNING said, he apprehended it
was quite impossible to proceed with the case, in its
present state. They had, on one side, evidence gives.
at their bar, which would be Fainted ; on the other
side, they had the speech of a Learned Counsel, which
was evanescent, and of which they had no record. They certainly
could not proceed without some motion was made.
Mr. I)KN MAN said, he would move the evidence be
Mr. Secretary CANNING thought it would bsedun-
fair to assent to a motion of this kind, the evidence
being all on one side. He was ready to go to a decisive
verdict on the cue, as it now stood; and, if no other person would
make a specific,motion on the subject, be would. *
Mr. DENMAN thought the whole of the proceed-
ings had been of a novel character, and he had found
nothing so novel as the objection of the Right Honour.
able Gentleman. Why was not the same course now *
to be put sued as in all other similar cases? He defied
any man to shew a precedent where the House, after.
hearing evidence in. any case of enquiry whatever, did
not order the printing of the-: evidence before the
Meiners were called upon to come to a decision '
The statement of Mr. Kenrick would not be found of
that evanescent nature which the Right Honourable
Gentleman attributed to it, supported as it was by that
ingenious, and powerful, and eloquent speech which
tad been .delivered by. his Counsel. That speech had
red iLlth so strongly in the• minds of every Gen-
.leman who heard it; that it could not fail to in-
lue-uce tlicrit whenever they were called .upon to give
v.idizt upon the qucstti.n. Ht: eipected that chelttg he

.

•

■

Yi
{.~~-T t-' A.~~

• .

TrOO,Gel
evidasee

. accompa

Rive. slim
'doing),
depart f
should p
• in the-bal
enaider
OR=
He

;night be
'Le 'Was Arm
:triiffee.e wI
• Alr:Se
the Hon.
.1.4) entire!
Theenqui
was direct
'ought to I
he, for on
to a resoli
dence of 1
saw nogrott
Gentleman
. Mr. Al
opinion ui
would no;
elsence*of tl
proceed to
any decision
Mr. Se
at first w;
posed tha
any pled4
be taken
statement
Inittee ups
and with
some Re
Gentletna
report pr.
evidence,
then prop
Commitu
of bis band:
going out o
chance mig
in the abort
niorrow, ei
to a decista
*no good to
Mr. 1.)
morrow.
the evade
alder and
the attem
even be da
propose Oa
sit again on
S
upon the
come to
act when
por. ed.
- point out
Nu,* tbai
As far as tl
or Monday
Mi Set
tuitte st
there we;
trial. Bo
not ()lice
W
nourabte
resolution
pared to
Mr. Sc'
ready to c
Mr. V
already I
to inculpal
Learned (