Star.
London, England, 1818-02-02 00:00:00

s
TO !4EMORY.

4.11........

Come, Mem'ry, come, and with thy magic pow'r
Muse the sadness of the passing hour;
Act o'er again what Time has swept away,
And give me back each smiling former day;
Paint the dear looks of those I love so well,
Again their words, their ev'ry action tell ;
That I may view, though fate has doom'd to part,
Thro' Zdeniry's eye, those nearest to my heart ! s. Y. Y.

LAW INTELLIGENCE.

*

COURT OF KING'S BENCH, JANUARY SI.
MAGISTERIAL RECOGNIZANCES.
The Arroexer-GeszaaL said he attended for the
purpose of shewing cause against a Rule obtained on
a former day by Mr. Joseph Mitchell, calling on Sir
N. Conant to shew cause why a certain recognizance
taken by him of Mr. Mitchell should not be dis-
charged, on the ground that he, Mitchell, did not
enter into that recognizance ; that he objected to
so doing, and had no notice that he had done so till
afterwards, on his return to Liverpool, he received
a letter from the Mayor of Liverpool, informing him
that he need not attend in the Court of King's Bench
till he received notice to do so. In shewing
'cause against this Rule he was persuaded he should
`be able to shew, beyond the power of contradiction,
that Mitchell, notwithstanding what he had stated
is his affidavit, did enter into the recognizance in
question, and that he was fully aware he did so ; and
that on the morning after having done so, he ex-
pressed his regret at having entered into a recogni-
zance, which had put fetters on his legs, and tied
up his tongue. At this time, however, he had al-
tered his opinion, for on the day he entered into the
' recognizance, he expressed his surprise at the con-
duct of a person named Benbow, also a prisoner in
Coldbath-fields prison, who had refused to enter into
a recognizance, and in consequence of that refusal
had been sent back to prison, observing at the same
time, that he considered the recognizance as nothing
More than a matter of form. The Attorney-General
proceeded to state, that he had now the affidavits of
Sir N. Conant, Mr. Day, Mr. Adkins, the keeper of
CuldSah-fields, a Mrs. Fleming, and another person
a prison-r, for an assaul,t in Coldbath-fields, all of
them goi.sg to contradict the material facts contained
in Mitchell's 'affidavit, and proving that he knew the
nature of the recognizance he was called on to enter
into ; that it was read over to him, and he said he had
to objection to it. The Learned Counsel then pro-
ceeded to read the several affidavits, and to contrast
them with Mitchell's affidavit ; and contended, that
after having, as appeared by those affidavits, ac-
knowledged he had no objection to entering into the
recognizance, and blaming Benbow, another prisoner,
for not entering into a recognizance too, saying he
considered it as a mere matter of form, though it
appeared he afterwards changed his mind, and said
he regretted much having entered into a recogni-
zance, by which he had fettered his legs and tied his
tongue, he could not now' come forward, and say he
had not entered into that recognizance; and there-
fore that the present rule ought to be discharged.
The several affidavits were then read by "the officer
of the Court. The first read was Mitchell's, which
stated, that on the. 50th of December he was taken
before Sir N. Conant, whotold him he migk be dis-
char d or. entering info a reeognizanee for 1001." tri.
ca 1w the Court of King's !Tench 6n the brat' ai .
yle
. erm, and from day to day during the TerM; to
t'fia preposition he replied, ,he 'would nut answer till
he had seen the instrument he had to ,sign; thata
person named Day,'avlso.aks- in the office, observed
it "read be proper to rndlthat part of the recogni-
z7wito deponent, whicli"vtas accordingly done lty
Ste Nathaniel, and was to the effect stated. Deponent
replied to this, that he only requested as a favour, to
be pet on his trial ; he desired no other favour frnstt
Geernment. ,Else could net support the expeaseb
a journey up to town, much less 'could he support
himself in town from day to day through the term.
Sir N. told him he must appear in Court the first day
of Term, if he wished to be discharged from his re-
cognizance, but that he need not otherwise appear,
unless he had notice; and ifhe had notice, Government ,
would supply him with the means of coming up to ,
town. He then said he would enter into the recog-
nizance, if he could see what he had to sign ; that
soon after he left the office with Adkins, the keeper
of Coldbath-fields ; and, on the following morning,
having received 71. by order of Sir N. Conant to de-
fray the expenses of his journey home to Liverpool,
he left town, and was not aware he had entered into
atty recognizance, till sent for by the Mayor of Li-
verpool, and informed that he would not be required
to appear in Court.
The affidavit of Sir N. Conant was put in, which
stated, that the nature of the recognizance was ex-
plained to Mitchell, who did not say he would not
enter into it, but, on the contrary, said he had no ob-
jection to it.
The affidavit of Mr. Day, a clerk in the Secretary
of State's department, corroborated Sir Nathaniel s
affidavit. Mr. Day heard Mitchell say, when the
recognizance was tead over to him, ', I have no ob-
ection to that." He asked Sir N. who would pay
'his expences if he was called up ? Sir N. replied, he
had no doubt but Government would furnish him
with the means of coming up.
_ _ _ _

Adkins's affidavit was next read. The deponent
corroborated the two former affidavits as to what
vpissed at Sir Nathaniel's Office, and further detailed
a conversation between himself and Mitchell, in which
Mitchell observed how hard it would be if he should
be called upon on the first day of Term. Deponent
told him not to be uneasy, as most likely he would
not be called up ; and if he was, his expenses would
he paid. In the afternbon of the same day, Mitchell
was in deponent's parlcur, when a lady, named
Viewing, came in, and Mitchell, in her presence, al-
luding. to Benbow's having refused to enter into a
*cognizance, said, " What a fool Benbow is not to
enter into a recognizance ; I consider it only as a
Matter of form."—The affidavit of Mrs. Fleming cor-
roborated this part of Adkins's affidavit.
The affidavit of Robert Edgington, a prisoner for
an assault, in Cold-bath-fields prison, stated, that on
of the 31st of December, just before
prison, he said to deponent, he
tight, he was so vexed at having

Js.
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the morning of -tilt
Mitchell quitted the
had not slept all ni
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