Star.
London, England, 1819-10-23 00:00:00

'case, I'll drank you to hand me the Indictment
(This was done.)—My learned friend abandoned the
second count, and no facts have been given in evi-
dence to support it. He must therefore prove a riot
according to his own election. But a riot must not
only be proved, but be laid in the Indictment to have
been to the terror of the King's subjects. It must
not only be so proved in evidence, bt't it must be so
laid in the Indictment. " Every indictment (here the
learned Counsel read from Hawkins,chap.ss, sec.s.)
must be laid to be to the terror of the people." This
was argued three Sessions ago at Manchester, when
I took this objection. It proved too conclusive to be
got over. I submit, then, that as my learned friend
has abandoned the assault, he must make out a riot.
The words required are not in the Indictment, and
therefore the count for riot cannot be supported.
CHAIRMAx—Mr. Hill, what say you?
Mr. HILL—Not having drawn the Indictment, or
seen it till now, I feel it difficult to reply, but I find
the words " disturb the peace of the King."
CHAIRMAN—But if you do find these words, can
you get over the objection?
Mr. HILL—I am afraid not. I wish the objection
had been taken sooner.
Mr. ASHWORTH and Mr. Lump submitted, that
it was neither usual nor proper to take the objection
at an earlier stage.
CHAIRMAN—The objection has been taken in the
proper, time.
Mr. HlLL—Then I take up the count which I
abandoned.

Mr. ASHWORTIT-Will you allow a Counsel to
abandon a count, and afterwards to tal:e it up ?
CitAinsusi-The King prosecutes, and we have
no right to insist upon an abandonment.

Mr. HILL—Not having seen the Indictment till
now, I was not aware that any valid objection could
be taken to it, and I had a right to take for granted
that the count was right. Finding now that it is
not, I have a right to take the other count, and I
must go on with it.
Mr. ASITWORTH—In prosecutions, as in civil ac-
tions, it is competent to proceed upon admissions.
A Counsel may abandon certain grounds, but if he
be allowed to say, « I abandon certain grounds,"
and afterwards upon saying that he had not seen the
Record or Indictment, to take again those grounds,
what must be the consequence ? The time of the Court
wasted, and witnesses are examined over again. It is
is always supposed a Counsel knows the Indictment,
and all the case of his client to be as right as it can
be made. If the contrary is admitted, it will lead to
a bad faith between Counsel on both sides, and de-
stroys all fairness of proceedings, so necessary in the
administration of justice. .
The CHAIRMAN (after having retired and de-
liberated with the other Magistrates on the Bench)—'
Mr. Hill, you must go to the Jury.

' Mr. ASHWORTH—Then I shall have evidence to
produce.
The CHAIRMAN—Stop. With respect to the• first
count, the Court thinks the objection fatal. With
respect to the second count, we think such infinite
mischief and inconvenience would arise if Counsel
were allowed to abandon and afterwards to resume
grounds, that the Court must direct an acquittal upon
that count.

Mr. HILL—I have considerable doubt whether the
evidence would support that count if it were to be
gone into. .
The CHAlRMAN—Gentlemen of the Jury, in con-
sequence of a defect in the first count, and the Coun-
sel for the prosecution having abandoned the second
count, I am under the nece,sity of directing an ac-
quittal, not on the merits, but on this objection.—
You will acquit of the crime charged. Verdict—
Not Guilty.

A Noli prosepi was entered for the boys.

Mr. HILL—The first count is the one that ought
to have been second. I am only sorry that the obL
jection had not been taken earlier, for I am quite
sure it would have had the same effect.

Robert Swindles and Josep4 Sutton, two of the batch
of RadiCals of whom four had traversed and found
bail yesterday, appeared at the felons' bar to-day ;
and, after pleading Not Guilty, traversed to the nett
Session. Swindles is an emaciated and thoughtful
old man. He called two silk-weavers &no Maccles-
field, who offered to be bail-for him. Mr. Lloyd, a
Barrister, Messrs. Calow and Holland, Attorniei,
and Mr. Potts, the Clerk of the Court, were at once
at them, and urging questions, which implied that
they were not worth forty pounds, double the amount
of bail required. They had only the furniture in
their houses, and a few looms.

The Citaraxao—They are not sufficient • the bail
required is very moderate ;we must, therefore, have
sufficient men.

Sutton, a stout well-dressed young man, called his
two sureties. They were examined in the same
manner in justifying bail. The first, who incurred
a rebuke for laughing at the questions which im-
plied doubts of his being worth forty pounds, ven-
tured boldly to tell Mr. Holland, that he knew him
well to be worth more than that money. Mr. Hol-
land admitted it. He has, in fact, two free houses
in Macclesfield. The other bail, a silk-weaver, whose
property consisted in furniture and looms, was, how-
ever refused.

Both stood, consequently, committed, but were
told, that upon finding sufficient bail, they could at
once be discharged.
The Clerk demanded thirty-four shillings of fees
of traverse from each. He was told that Swindles
disputed the payment.
(Swindles is the man from whom Mr. Bennet pre-
sented a Petition to th House of Commons, com-
plaining of most brutal injury to his wife, by the
constables.)
The next case called was an indictment for an as-
sault, against a little old man, of the name of Joseph
Stuart. No evidence was offered for the prosecution.
He was acquitted and discharged.
Mr. HILL stated this to be one of the grossest
cases ever brought into Court. There was not a tittle
of evidence against the prisoner, yet he had been im-
prisoned ever since last Sessions. He had, in fact,
almost lost his life by the violent assault of the pro-
secutor, and he had been imprisoned only to prevent
him from preferring, an indictment.
Mr. TRASIORD said, he could indict, Or bring an
action for false imprisonment.

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sessions were finished soon after five o'clock.