Star.
London, England, 1820-05-13 00:00:00

LAW L\ I I,LLIt;LNC'E.

COURT OF KING'S RESCNI, MAY 12.
TUE KING Z:II.IItLES WOLS,:I.LY ANII 31113... lIARIONON.

The S.ll.ietme-(.:raiser. being in Court, Counsel for the de-
fentlants were heard in surinnt el nit application for a new
on the ground of a misdirection cf the Learned Judge.
. Mr. Justice Brier read the Iteport of the ClsiefJuAtice of
Chester, detailing the cli.,.rge ag.:inst-the defensiai.ts, the evi-
dence, and the I:ete., of the LearnLd Judge, which stated, tint
after ke bad Lone through the whole a the e-iidence, he mad: a
general continent. Ile said, the intent of the persons assetribld
at the Meeting might be known by the assault on the Constable.
The moment SLies and Iti:.ortners were mentioned by the
speakers, they knocked hint d.rsa. I:1 the first nit of his ad-
dress to the Jury, he said, what he addressed to them was not
to bind them, bet they were to draw thAr own inference. In
the conclusion, he said, if the Jury tnuught the facts trade ottt
an unlawful assembly, they ought to find the defendants goi:ty.
The Repcit having been read,
The Cuter :kern:a said—Mr. Perrsor, we have beard t%e
application for a new trial. After the evider.ce, do you think
you are able to sustain your motion?
Mr. l'e.sasos said, the evidence was in the same state as when
he made the motion, which was confined to two material pints.
The first was, whether the construction put liy the Le..rnrd
Judge on the evidence of the witness Johnson, had not made in
erroneous impression on the Jury? Johnson was contra: cted
by two witnesses, and the Judge told the Jury that Johnsca re-
mained uncontradicted, as he had sworn positively, and the
others might not have heard what he did. This statemeiet was
not correct. The persons who did not hear the words spat's'
by Sir Charles Wolseley, which Johnson swore to, were Re-
porters for Newspapers, who went for the purpose of a.tendiog
to what passed, and were nearer to the hustings than Johnson.
The Clitnr Jusricr—The Learned Judge read the whole of
the evidence.

' Mr. PrAissx.—Yes, my Lotd. The question, however,
whether the Learned Judge was not under a misconception when
he stated that Johnson was uncoutradicted. The whole essence
of the Indictment was proof of an unlawful assembly, and st di-
tious expressions would make it unlawful. Ile submitted, thae
there was no expression used by Sir Charles Woheley which
could be deemed seditious. It was ai.cetted that Sir Charles
Wolseley said, lie had been at the taking of tLte Baulk in France,.
I and if a Bastile was found to exist in England, he would assitt
in pulling it down. This statement was contradicted by tv.4
witnesses. Adverting to the comment of the learned Judge
with respect to the assault on the Officer, it ought not to prcjd-
dice Sir Charles Wolk.ley, because the assault was committed
one hour before he came to the Netting. If, howevi r, under
all the circumstances, the Rule fur a new was to be :e-
-fused, and the Judge's notes were conclusive, he had done.
The Cuter JUSTICE.— I do not consider the notes concltelve.
I am ready to hear any Gentleman at the Bar state kis recd.
lection of what occurred.
Mr. Pea asoN.—l am precluded from doing more. I can
vert to the affidavits made by peracns of high character, which
are at variance with the Judge's charge.
Judge Bavrev.—l rather thick you are breaking down tl.e
rule to put one in competition with the other.
The CHIEF JcsTicr..—Suppose the Learned Jude had mis-
taken the evidence, would that be ground for a new trial?
fine yourself to that.

Mr. Paaason.—lf Sir Charles Wolseley went on the hustinr,
and merely said, " Beware of spies a::d informers—conduct
yourselves peaceably," that would not be seditious, lie sub-
mitted that the.verdict was affected by the statement of the
Learned Judge; and if so, he trusted the Court would grant a
new trial.

Mr. Ps ■c followed on the same side.
Mr. Cairn was heard in behalf of Harrison.
The Coeur then delivered judgmeit, expressing a decisive
opinion there was no ground for a new trial.

The SOLICITOR-GENERAL then prayed the judgment of the
Court on the defendants.
Mr. Peaasots addressed the Court in mitigation of judgment.
Harrison, being asked if he had anything to offer? said :
" My Lords, I did mean to put'in an affidavit; but,' being con-
fined in prison, I could not get an Attorney. Ido not find my
mind disposed to trouble your Lordships at much length. I
sliould feel happy in bearing the whole judgment of the Court,
if, by that means, the Honow able Baronet might escape. I
shall bear with patience, and, I trust, with pleasure, whatever
the Court may think it just to inflict upon me."
The Soucrroa-Gaislass, in support of the prosecution, said,
the Court would feel, that the words uttered by a Gentle-
man of rank, like Sir Charles Wolseley, were calculated
to inflame the passions of the labouring classes of society.
What was the ensign displayed a: the Meeting of which a Ba-
ronet was the Chairman ? Annual Parliaments, Universal Suf-
frage. If he was a man of education, which he undoubtedly
was, did be not know these principles were subversive of the
Laws and Constitution? It was the only instance of a Merin::
of this description at which a person of rank in society came fc.r,
ward to preside. Could anything more mischievous arise, th .1
the impression such conduct would make on the lower orders
of society? The other defendant, Harrison, was a 3fcsuber of
the Church, but he certainly proved by his expres.ions that hr.
was not influenced by Christian feeling. He left the def:ndir:*
to the Court.
The CHIEF JUST/CE said, after some deliberation wish the
other Judges, " We will confer on our judgment in tl•is c: se
Monday; Harrison must remain in custody, and be broui
up. Sir C. Wolseley, according to the practice of the (bur:, me,:
be committed to the custody of the Marsh4l, and appear
'Monday again. The defendants then left the Court.