Star.
London, England, 1820-02-10 00:00:00

WINDSOR, FEBRUARY 9'.

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LAW INTELLIGENCE.

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Ash Wednesday is sr:11 mentioned the day on
which his late Masesrv's 'funeral will take place, al-
thong,'l no offici d • r.)tification has been received i
the Castle to that effect.
His late MAJESTY expressed a wish some years
ago, for the removal of the remains of his infant chil-
dren, Prince OCTAVIUS and Prince .ALFRED, who
were interred in Westminster Abbey, to the sepulchre
at Windsor. In conformity to the commands of the
late SOVEREIGN, the coffins of the young Princes are
to be removed to-morrow night, and privately in-
terred in the Royal cemetery.
To guard against the vicissitudes of the weather
en the night of the funeral of the KING, the foot-
path will be covered with a boarded roof, erected
fourteen feet high. It is eighteen feet in width. A
platform will also be raised from the vrand en.rance
door of the Palace to the nor ch •1 ihe Church, which
is a distance of eleven hundred feet. From the Church
door another platform is raised, along the west and
centre aisles, to the door leading to the choir. The
length of the platform in the interior of the Church
is about one hundred and sixty feet, and twenty-two
feet wide.

her Royal Highness the Princess AUGUSTA retires
to Frogmore, and the Princess SOPHIA will remove
to apartments fitting up in Kew Palace, after the fu-
neral obsequies of their departed beloved Sovereign
and Father.

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it hid not yet been made out, though, as the Court
___.-...—. . knew, it should havebecn made out itar the October
COURT OF CHANCERY, FEBRUARY 9. Sessions. . •
As soon as the LORD CHANCELLOR came int )Court Mr. Justice BaTerr.—This is foreign to our pre•
this morning, Mr. PEACE, on the o aside •,fsent purpose.
the Bar,' . .
rose and said he had to inform his Lordship, that his Cut er-Jusetzia.--We will hear the Affidavits 'you
Majesty King George the Fourth had been most gra- have to offer, relating to the consent of the other
ciously 'pleased to grant him a Writ, authorising him Parties- •
to take upon himself the degree of Serje Int-at-Law. ! Mr. Hunt then put in his affidavit, which was read
The Writ was then read by the after of the by the officer. lt shortly-stated his - belief, that he
Court, and ordered to be filed. The usual Oaths could not have a fair trial in the County of Lances-
having been then taken by him, ter. In addition, he said, that from the shortness of
- Mr. Serjeant PE 1 ICE begged leave to request-that the time, he was unable to draw up a longer one.
the Loid Chancellor would present his humble duty CHIEF JUSTICE:—You have no reason to complain.
to the King. He said he had caused the usual rings of the shortness of the time, for this indictment was
f
to be pr spared for presentation. The rings sere found in the long vacation ; you might have come
handed up, and his Lordship placed one on his here earlier.
finger. Mr. Serjeant Peake then- withdrew. Mr. Justice BAYLEY.—This was fist moved before
. CATHERINE-HALL, CAMBRIDGE. me, when my Lord was absent. Being unwilling to
decide upon it, I desired Mr. Chitty to defer his The Court was occupied in hearing further mo-
mentsargu-
in this case. tion, until the Court was full. In the meantime, no'
COURT OF KING'S BENCH FEBRUARY 9. new :explication was made, and 1 had an opportn•
,
nity of consulting my brothers, who agreed with me,
Mr. WARREN, Chief-Justice of Chester, took the that all the parties should concur in the application,
Oaths of Allegiance to his Majesty. least one should be tried in one County, and another
THE KING V. HUNT AND OTHERS. in another. Mr. Chitty was apprised of our opinion,
The CHIEF-Jus-ric e., upon coming into Court, asked and he might have goveined himself by it, in sending
if Mr. Hunt was in attendance? down for materials to the 'country'
Mr. Hunt presented himself on the floor. He said Mr. Hunt said there was no delay on their part. It
that he rose to renew his application for a Rule
was only on Saturday last an answer had been re-
to change the venue of his indictment ftom Lanca- cm n town, and An application was made, the
shire to Yorkshire, or liddlesex, or such other County sate i
day. to Court. •
as the Court should think fit. He said the reason the Mr. Justice BAYLEY.—I do not think you have yet
Court had given for not entertaining this motion be. the proper materials. We have no evidence to sliew,
fore was, that the concurrence of all the parties in- that the other. defendants have pledged themselves
dieted did no: appear to have been obtained. He had to abide the step which you ask of the. Court.
now Affid ivits, which stated that they had all con- (`:TIFF-JUSTICE.—You do not go farther than to
curred in the first instance, and an Attorney WAS in- say,Ahat an Attorney had received instructions, who
strutted to apply to the Court on behalf of them all. refused to go on. We cannot, I think, now listen to
He had lately written to them ; and though they an individual application.
wet e all anxious to have the venue changed, yet, in Mr. Hunt. —They all concurred
consequen eof what had fallen from the Court on a Mr.
r. Justice BAYLEY.—But they do not persist in it.
former occasion, they considered the application t. Justice BEST.—If it be true, that the Attorney
hadl
would be of no avail, and would take no further received instructioes to proceed, why not get
trouble about the business. He said that Mr. Chitty him to make an affidavit to that effect ? In the ab-
had been instructed to make the motion. Mr. Hunt sence of such evidence, we must presume, that no
said, if the Court would permit him, he should cite instructions, were given, and cannot, therefore, con-
' some authorities, to shew that it has not been rove- elude that the other defendants go in in this applica-
riably held necessary to have all the defendants con- tion, when, by their own acts, they tacitly negative
cur in the application. - the supposition.
Ciller-JUSTICE—There may have been cases where Mr. Hunt.—lt is my misfortune, that I have not
this has been done; but the case here is different.— seen the Attorney ; I must, therefore, go upon the
Hoe do we know but that 'it may be of great incon- ground, that an individual application is entitled to
venience to some of the. defendants. Mr. Chitty has attention, and I will quote some precedents in sup-
already moved for some of them. port of that.
Mr. Hunt.—For all, my Lord. CHIEF-JUSTICE.—We will hear you, if you confine
Mr. Justine Bayeev.—No, not for all : for if I yourself entirely to the question of changing the trial.
recollect rightly, Mr. Chitty mentioned some names.
Mr. Hunt.—The case is one of great consequence,
Is not that so, Mr. Chitty ?
from the agitation which it caused in the public
Mr. Clierry said, he had merely got his instruc-
tions from an Attorney, and he did not know whe- mind. He then read from Hawkins, Pl. of C. vol.
caber it was for A. or B. he moved. iv. c. 155, sec. 51, a case ; and another, the King. v.
Mr. Justice BAILEY observed, that names had the Inhabitants of Shoreditch, in ;Mule's Reports,
been mentioned. where the Court granted a certiorari, at the instance
Mr. CHITTY said it *as so, but he did not now re- of one of the parties. There was also, he said, a
collect therm It was Mr. Pearson, the Attorney, who later instance in the case of Sir Charles Wolseley and
instructed him, and be believed the name of Wood- Harrison, in which the Court
.granted to the former
a liberty of bringing his case into a superior Court,
man was amongst them. 1
Mr. Justice BEST observed, that Mr. Hunt's name but Harrison, being a poor man, did not join, from
was mentioned, the new expense; yet there was no second trial. He
Mr. CHITTY said, he was the first defendant in the did not mention this case from any invidieus motive,
cause. The Court had desired him to amend his or to impugn the decision, for with that he had
application on a former occasion, and he felt a little nothing to do ; but, he contended, he was at liberty
awkward that he had not since beea able to do so, as to use the
,precedent in support of his argument.
He would only add, that, from the beginning, Mr.
he had got no fresh Instructions from the Attorney.
Mr. Hunt said, with regard to the name of Wood- Chitty had moved on the part of all the defendants,
man, Mr. Chitty must have been mistaken, as there thougn perhaps the affidavit was loosely drawn up.
was no such person amongst the defendants. The It was of importance to remove the cause, from a
Affidavit upon which Mr. Chitty moved, stated it to respect to all parties. First, as it regarded the safety
be that of Mr. Hunt and the other defendants. It of the defendants, to take them out of that agitated
was loosely drawn up, but it was certainly meant to county; and next, as the character of that county itself
he an application for all of them.
was concerned. No one could say to what extent pre-
CHIEF-Justice—lt ceitainly was not so under- judice prevailed there, as it was sworn that on the
stood when Mr. Chitty made his application. He day laid in the indictment, no less than 500 persons
mentioned names, and when he was asked if it was were concerned, of Yeomanry and others, and the ra-.
for all he was applying, he was told that there should mifications of their influence must be very extended.
be Affidavits from all the defendants. Middlesex was first suggested, but as it'was objected
Mr. Justice BAYLEY said, they would hear the that the expense of btinging witnesses up to town
grounds for the present application. would be too great (though the greater part of them
Mr. Hunt said, he had Affidavits which he wished lived in town); then the parties wished to be tried in
to have read, but he would first, with the leave of Yolk, where there was less prejudice. There he (Mr.
the Court, cite precedents to shew, that in some in- Hunt) knew no one, and therefore could not be sus-
stances, the Court had not required all the parties to petted of wishing to go there through any partiality ;
concur in an application to remove a trial. but in Lancaster, where twenty persons had been
Cull er-JUSTICE.--Do these oases apply to changing killed, it would be impossible to say that a fair trial
the venue of a trial ? could be had. In the case of the King v. Wadding-
Mr. Hunt replied in the affirmative. ton, Lord Kenyon said, that the smallest bias on the
Mr. Justice BAYLEY.—The course has been to minds of the Jury was a reason for granting a trial in
change a trial upon the application of one of the another County. " Under these circumstances, and
parties only, in the case of bringing it to the County with such authorities," said Mr. Hunt, " I trust the
where the offence was laid. But you cannot make Court will, in its justice, grant a new venue for,this
a prosecutor try one defendant in one County, and the triali When it is considered how many Magistrates
rest in another. are/connected with the matter—the thanking by the
Mr. Hunt.—l do not try to do that. The 'first Prince Regent—the measures of Parliament, and the
time I met the other defendants, I consulted them decisions on some recent occasions in this Court, one
as to changing the trial, and they all agreed with can scarcely doubt that the case is not prejudged.—
me in it. The Attorney got instructions from all; I will not deny that some of the defendants, hopeless
but, for the reason 1 have already stated, some of of success, have despaired, and are content to go on
them thought it hopeless to apply again to the Court, at any rate. But I have no such feeling. .If this
and therefore made no Affidavits. Court should, after all, rule that I am to be tried in
Mr. Justice Basr.—lf the certiorari is granted, the Lancaster, I will go down tearlessly ; confident that
defendants must enter into new recognizances. Can no twelve men will be found to convict me of a con
spiracy on the 16th of August. I have little more
you undertake to say that they will consent to it?
Mr. Hunt.-1 have no doubt they will. I under- to add ; all I now desire is, that the affidavits which
stand the reason they would not join in the Affidavit I hold may be read. I will again submit, that my
sent down from town to Manchester was, that the case is not to be prejudiced by the delay of any of the
Affidavit stated that there was a general prejudice other defendants.
The CHIEF JUSTICE.—What you have said, only
in the County against them. Now it was easy to
allege a prevailing prejudice ; but it was difficult applies to the reading of the affidavits ; still yeu
to say that that prevailed against all the parties.— have urged nothing to remove- the doubt upon our
On this account, the defendants did not join in the minds, as to all the parties being present. Do all
Affidavit. the affidavits say that a fair trial cannot be had in
The - CHIEF-JUSTICE asked what Affidavits Mr. the country ?
Bunt had now to offer?
• Mr. Hunt said they had not, but he would under-
Mr. Hunt said he had his own, as well as the At- take to say, that if at any future time the defendants
torney's, swearing to the state of the Jury in that should disclaim connection with him, ho would cease
County. It wars one of his objects, first to obtain an to t3lte advantage of the certiorari.
enlightened July, and if the certiorari would send it,. The CHIEF JUSTICE desired that the Attorney's
to be tried before a special one: the Attorney had affidavit should be read, which stated the fact of his
discovered, that in all that County, there were no having applied to examine the Jurors' book. His
more than 57 or 53 special jurors. a Lordship then consulted with the other Judges for
Chine-JUSTICE.—At present, we have nothing to some time, and said they would grant a Rule to shew
do with the special jurors, as this is a common cause why a certiorari should not issue, to be served
jury case. an all the parties consenting to a trial for such County
Mr. Hunt added, that the Attorney had required as the Ciatnt should direct, the parties consenting to
a view of the Special Jury Book ; but he was told, enter into fresh recognizances, and proceed to trial
• _ . • . _•

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at the next Assizes. for such County as prosecutors
would give notice of.
Mr. Ilunt.-:-My Lord, I hope I am not bound to
accept this Rule: If the cause should come on to he
tried at Chester, I do not know that I sh, uld have a
better chance there than in Lancaster.—( Lookiog
very stint6cantly at Mr. Warren, the ashy' Antics.
.01
Chester).
Mr. Justice BAYLEY observed, that the defendant
had obtained all he sought for, and now he seemed
dissatisfied with the terms of the Court.
Mr. Hunt. assured his Lordship he was perfectly.
well pleased with the result, and he then sat down
with great apparent satisfaction.

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i WINDSOR, FEBRUARY 9. LAW INTELLIGENCE. it had not yet been made out, though, as the Court rat the next As •
sizes.for such County as prosecutors
•
fin osemm=rom . knew, it should havesbecn made out is the October would give notice of. ..
Mr. Hunt-e-My Lord, I hope lam not bound to •-. s
r
I`.,'' ' Ash Wednesdev is st:11 mentioned ee the day on COURT OF CHANCERY, FEBRUARY 9. Sessions. . •
• r which his late el Aseseses 'funeral will take place, al- A Mr. Justice BATerr.—This is foreign to our pre accept this Rule.- If the cause should come on to he . S soon as the LORD CHANCELLOR came inc r Court
,
t thorny, Ino offisi d • tetificetion has been received ' 'this morning, Mr. PEACE, on the o aside of the Ban• sent purpose. . . tried at Chester, Ido not know that Ish uld havia e
the Castle to that effect.Cnter-Jusytem.--We will hear the Affidavits'you better chance there than in Lancaster.—(Lookirbg ~
rose and said be had to inform his Lordsbe, that his
Ilk late MAJESTY expressed a wish some years Majesty King George the Fourth had been most gra- have to offer, relating to the consent of the other very signt6cantly at Mr. Warren, the ashy' Justice (11 .•
ago, for the removal of the remains of his infant chit- ciously pleased to grant him a Writ, autbosising him Parties. Chester). ..
•
./.:
dren, Prince OCTAYIUS and Prince -ALFRED, who to take upon himself the degree of Serje int-at-Law. ! Mr. Hunt then put in his affidavit, which was read Mr. Justice BAYLEY observed, that the defendant
? were interred in Westminster Abbey, to the sepulchre : The W ' eft was then read by the after of the by the officer. lt shortly-stated his -belief, that he had obtained all he sought for, and now he seemed
e at Windsor. In conformity to the commands of the Court, and ordered to be filed. The usual Oaths could not have a fair trial in the County of Lances- dissatisfied with the terms of the Court. •
-e's late SOVEREIGN, the coffins of the young Princes are having been teen taken by him, ter. In addition, he said, that from the shortness of Mr. Hunt. assured his Lordship he was perfectly. .'
to be removed to-morrow night, and privately in- • Mr. Serjeant Pee Ke begged leave to request-that the time, he was unable to drew up a longer one. well pleased with the result, and he then sat down ..
is• tersed in the Royal cemetery. the Lord Chancellor would present his humble duty CHIEF JusTlcs:—You have no reason to complain with great apparent satisfaction. • e.
To guard against the vicissitudes of the weather to the King. He said he had caused the usual rings g.
AN, AND OTHERS. ..
•en the night of the funeral of the KING, the foot- found in the long vacation ; you might have come Mr. DENS! AN said he was instructed to shew cause
to be prepared for presentation. The rings were
R path will be covered with a b,,arded roof, erectedhanded up, and his Lordship placed one on his here earlier. against a Rule which had been obtained last Term, : •
• fourteen feet high. It is eighteen feet in width. A Mr. enstice BAYLEY.—This was first moved before for filing a criminal information against Mr. Alder- '
finger. Mr. Serjeant Peake then- withdrew. er- ,5
platform will also be raised fr ion the erand entrance CATHERINE-HALL, CAMBRIDGE. me, when my Lord was absent. Being unwilling to man ee aithman, Mr. Sheriff Parkins, and several v 2
.... door of the Palace to the leech f the C The Court was occupied in hearing further argu-
hurch, which' decide upon it, I desired Mr. Chitty to defer his mo- other persons, for a riot at Guildhall on Michaelmas •-
,- is a distance of eleven hundred feet. From the Church ments in this case. tion, until the Court was full. In the meantime, no day last, and obstructing the election of the Lord -,
Le door another platform is raised, along the west and Hew ;explication was made, and 1 bad an opportu• Mayor on that day. This latter circumstance was
et centre aisles, to the door leading to the choir. The COURT OF KING'S BENCH, FEBRUARY 9. nity of consulting my brothers, who agreed wide me, made the great ground of the information, and to.
e, length of the platform in the interior of the Church Mr. WARREN, Chief-Justice of Chester, took the that all the parties should concur in the application, that he would therefore first address himself— '
is about one hundred and sixty feet, and twenty-two Oaths of Allegiance to his Majesty. least one should be tried in one County, and another The Cm EF-JUsTleit.—For whom do you appear .e.
c , feet wide. THE KING v. HUNT AND OTHERS. in another. Mr. Chitty was apprised of our opinion, Mr. DKNMAN.—I appear for Messrs. Warthman, e
'-'• ller Royal Ili hness the Princess AUGUSTA retires
e •
._, The Cul er-Juseic F., upon coming into Court, asked and he might have governed himself by it, in sending Bumstead, Fearon, and Hurcombe ; my friend, Mr.
se to Frogmore, and the Princess SOPHIA will remnve if Mr. Hunt was in attendance? down for materials to the 'country. Holt, is for Mr. Sheriff Parkins ; Mr. Brougham re- •
s to apartments fitting up in Kew Palace, after the fu- Mr. Hunt presented himself on the floor. He said Mr. Hunt said there was no delay on their part. It presents Mr. Thompson ; and Mr. Hunt is for hi
neral obsequies of their departed beloved Sovereign that he rose to renew his application for a Rule was only on Saturday last an answer had been re- self. There have been some affidavits put in upon
and Father. to change the venue of his indictment from Lance- • ee-
,cm in town, and An application was made, the the other side, the principol of which, though not'
:4A
shire to Yorkshire, or Iliddlesex, or such other County saute day. to Court. • the fist in point of time, is that of 1/r. Woodthorpe,.
--
HAS TING S, FEBRUARY 8. as the Court should think fit. He said the reason the Mr. Justice BAer.ee.-1 do not think you have yet the City Clerk, swearing to the practice of holding '
4; . Court had given fine not entertaining this motion be. W in the
the proper materials. e have no evidence to shew, the elections City. From this it appears, that .
~ On Monday morning, our most gracious Sove- fore was, that the concurrence of all the parties in- that the other. defendants have pledged themselves on the 29th of September in every year, an election.
reign KING GEORGE the Foment, was Proclaimed at dieted did no: appear to have been obtained. He had to abide the step which you ask of the. Court. i , according to the Charter of the City of London,
this ancient town and port. The Pr .clamation was now MEd ivits, which stated that they had all con- CHIEF-JUSTICE.—You do not go farther than to held at the Guildhall, in a Common Hall of the se-
," answered by the loud and reiterated chee'ings of all curred in the first instance, and an Attorney was in- sayethat an Attorney had received instructions, who veral Corporations— '
E present, accompanied with waving of banners, music strutted to apply to the Court on behalf of them all. refused to go on. We cannot, I think, now listen to The Cnter-JUSTICE.—Pray, is this likely to end
playing God save the king, and a merry peal from all He had lately written to them ; and though they an individual application. soon ?
' the bells. The Corporate Body walked in Proces- were all anxious to have the venue changed, yet, in Mr. Hunt. —They all concurred Mr. SCARLETT.—I should think, my Lard, it is
sion round the town ; and the Proclamation was dis. consequen eof what had fallen from the Court on a Mr. Justice BATLEY.—But they do not persist in it. quite impossible it should be soon over.
tinctly read in various conspicuous situetions of the former occasion, they considered the application MT. Justice BEST.—If it be true, that the Attorney Mr. DENMAN said he would be as brief as possible.
streets. The spectators, who were extremely nuree- would be of no avail, and would take no further had received instructions to proceed, why not get The SOLICITOR-GENERAL observed, that the read-
. rous, were occasionally uncovered, and hailed their trouble about the business. He said that Mr. Chitty him to make an affidavit to that effect ? In the ab- •ing of the affidavits alone would occupy a very lung
new and lawful KING with universal and heartfelt had been instructed to make the motion. Mr. Hunt sense of 'such evidence, we must presume, that no time, perhaps to-day and to-morrow.
s greetings. said, if the Court would permit him, he should cite instructions were given, and cannot, therefore, con- Mr: DENMAN was anxious that a day should be
CITY OF YORK. some authorities, to shew that it has not been inva- dcl u e that the other defendants go in in this applica- appointed for hearing the case, if it was inconvenient
riably held necessary to have all the defendants con- Lion, when, by their own acts,. they tacitly negative at present to take it.
, Thursday the Members of the Corporation assem- cur in the application. the supposition. The CHIEF-JUSTICB.—It certainly would he very
Mei at tea o'clock; at the Guildhall, to complete the Citier-JUSTICE—There may have been cases where Mr. Hunt.—lt is my misfortune, that I have not desirable that it bedisposed of as soon as possible.
formalities incident on the transfer of the power of dais has been done; but the case here is different.— seen the Attorney ; I must, therefore, go upon the Mr. DENMAN.—Our point lies in. a narrow corn-
. the Chief Magistrate of the City ; and by the hour of Hoe do we know but that it may be of' great incon- ground, that an individual application is entitled to pass, we go upon a right—
one, a great number of Gentlemen had arrived. The venience to some of the. defendants. Mr. Chitty has attention, and I will quote some precedents in sup- The Cutee-Juseice.—We will hear you for a time. ,
Archbishop of this Province, on whom a deputation already moved for some of them, port of that. Mr. DENMAN said he was adverting to the affidavit
previously waited, and several of the Clergy, were Mr. Hunt.—For all, my Lord. CHIEF-JUSTICE.—We will hear you, if you confine of Mr. Werodthorpe, swearing to the practice of hold- •- •
met by the LORD NIAIOR, &c. in the Hall, near the Mr. Justice BAyeey.—No, not for all : for if I of changing the trial. mg the elections.
yourself entirely to the question •
entrance, and the Procession moved soon after to the recollect rightly, Mr. Chitty mentioned some names.
Mr. Hunt.—The case is one of great consequence, The CHIEF-JUSTICE seemed to doubt whether the '
front of the Mansion House, on the steps of which Is not that so, Mr. Chitty ? Court ought to proceed, if it was likely to occupy so •
'from the agitation which it caused in the public
the Proclamation was first read. The order of the Mr. Currey said, he had merely got his instruct much_ time. .
Procession was as follows: dons from an Attorney, and he did not know who- mind. He then read from Hawkins, Pl. of C. vol.
Mr. Hunt wished to be heard now, as the case s
iv. c. 155, sec. 51, a case ; and another, the King. v.
The Ancient Flags, &c. of the Corporation. they it was for A. or B. he moved. threatened to occupy their Lordships to-day and to-
Five additional Emblen.s tic Flags, procured for the day. Mr. Justice BAILEY observed, that names had the Inhabitants of Shoreditch, in Maule's Reports,
where the Court granted a certiorari, at the instance morrow. The City Band of Music. been mentioned. The Cnif.e-Juseece.—.lf it be likely to take up so
The Lord Mayor's Esquires. •
The Lord Mayor, the Archbishop, and the late Lord Mayor. Mr. CHITTY said it *as so, but he did not now re- of one of the parties. There was also, he said, a
later instance in the case of Sir Charles Wolseley and much time. it must certainly stand over.
The Archbishop's two Chaplains. collect therm It was Mr. Pearson, the Attorney, who The SOLICITOR-GENERAL Was disposed to enter into
The City Counsel, the Archdeacon, and the Father of the City. instructed him, and he believed the name of Wood- Harrison, in which the Court granted to the former
The Aldermen of York. a liberty of bringing his case into a superior Court, any arrangement.
man was amongst them. 'fhe Clitev-Jurttez. —We cannot, at this late '-
The present Sheriffs, with their Truncheons on each side.
Mr. Justice Besr observed, that Mr. Hunt's name but Harrison, being a poor man, did not join, from
The Gentlemen of the 24.
the new expense; yet there was no second trial. He period of the Term, suffer all other business to be .
The Town Clerk and the Lord Mayor's Chaplain. was mentioned.
suspended. •
The Foreman of the Common Council. Mr. CHITTY said, he was the first defendant in the did not mention this case from any invidieus motive,
Mr. DENMAN.--Those whom I represent are ex- '.
The Member Cs
of the Common Council. cause. The Court had desired him to amend his or to impugn the decision, for with that he had
tremely anxious to have the case heard. It is one of
Gentlemen of the City. application on a former occasion, and he felt a little nothing to do; but, he contended, he was at liberty
great importance in every point of view.
Band of Music from the Barracks.
Troops of the 4th Irish Dragoons, conunanded by Colonel awkward that he hest not since bees able to do so, as to use the
,precedent in support of his argument.
He would only add, that, from the beginning, Mr. The CHIEF-JUSTICE.—It is quite impossible for us
Sherlock. he had got no fresh Instructions from the Attorney. now to hear it.
The Proclamation having been read in front of the Mr. Hunt said, with regard to the name of Wood- Chitty had moved on the part of all the defendants, . -
Mr. DENMAN submitted that it was not his fault
Mansion House, the eopulace gave three times three man, Mr. Chitty must have been mistaken, as there thougn perhaps the affidavit was loosely drawn up.
that they did not come earlier into Court. The .
cheers, the Bands of Music played God save the King, was no such person amongst the defendants. The It was of importance to remove the cause, from a
motion was made so late in last Term that there
••• wine was brought out, and the health of the new So- Affidavit upon which Mr. Chitty moved, stated it to respect to all parties. First, as it regarded the safety
was no time for answering the affidavits. He wished
vereign was drank by the Gentlemen composing the be that of Mr. Hunt and the other defendants. It of the defendants, to take them out of that agitated
the Court would fix a day.
• Procession; after which, the Archbishop and the was loosely drawn up, but it was certainly meant to county; and next, as the character of that county itself
was concerned. No one could say to what extent pre- The CutareJusrree said Friday ; but Mr. Justice
Clergy retired to the Cathedral. The Procession be an application for all of them. BAYLEY was to be in another place to-moi-row, and
then proceeded to the boundary of the City, near the CHIEF-JUSTICE—IC certainly was not so under- judice prevailed there, as it was sworn that on the
if this was likely to take up all the time, they would
Castle Gates, at which place the Proclamation was stood when Mr. Chitty made his application. He day laid in the indictment, no less than 500 persons
and the rat not go into it then. However, his Lordship said, he
again read, &c. next in the Pavement, and lastly on mentioned names, and when he was asked if it was were concerned, of Yeomanry and others,
would at least take it, and therefore it would be the.
the steps of the Cathedral, where the Archbishop, for all he was applying', he was told that there should mifications of their influence must be very extended.
but as iewas objected first thing in the morning.
Clergy, Sec. were waiting its arrival. The streets be Affidavits from all the defendants. Middlesex was first suggested,
Mr. DENMAN said he did not think it would be
were crowded to very great excess, the windows of Mr: Justice BAYLEY said, they would hear the that the expense of bringing witnesses up to town
part of teen, quite so Ion; as was apprehended. The case there-
due
house were filled with spectators clad in mourn- grounds for the present application. would be too great (though the greater-
fore, stands for to-morrow.
ing, and when the Procession arrived in the Minster Mr. Hunt said, he had Affidavits which he wished lived in town); then the parties wished to be tried in
Yard, the roof of Delfrey's Church was nearly covered to have read, but he would first, with the leave of York, where there was less prejudice. There he (Mr. THE KING v. HAWKER.
with people, as were also the roofs and fronts of the the Court, cite precedents to shew, that in some in- Hunt) knew no one, and therefore could not be sus- Mr. ABRAHAM MOORE moved for a Rule to shew
other buildings. The Archbishop and the Clergy stances, the Court had pot required all the parties to pected of wishing to go there through any partiality; cause why a criminal information should not be filed
here again joined the LORD MAYOR, and accompa- concur in an application to remove a trial. but in Lancaster, where twenty persons had been against Mr. Hawker, for publishing a libel on three
reed the Procession to the Mansion Ilouse, in the Cliter-JUSTICE.--DO these oases apply to changing killed, it would be impossible to say that a fair trial ot the Commisiioners of Taxes for the County of
State-room of which a most excellent cold collation the venue of a trial? could be had. In the case of the King v. Wadding- Hants. It appeared that in the year 1815, they had
e'• had been prepared. There were three tables, and Mr. Hunt replied in the affirmative. ton, Lord Kenyon said, that the smallest bias on the convicted him in a penalty for not talents opt a eel--
, above 300 Gentlemen partook of the repast. Mr. Justice 13AsteaY.—The course has been to minds of the Jury was a reason for granting a trial in tificate to kill game. Some time after, a Gentleman
k. - - change a trial upon the application of one of the another County. " Under these circumstances, and was informed against for the like offence. He ap-
CO UNT le OF YORK, parties only, in the case of bringing it to the County with such authorities, said Mr. Hunt, " I trust the peared and stated, that he had been out of the King- s.
Friday, W. Wftionesoe, Esq. the High Sheriff of where the offence was laid. But you cannot make Court will, in its justice, grant a new venue for this don for fifteen years; 'he said, he was not aware it •
When it is considered how many Magistrates was necessary to apply for a certificate; and that he
the County, Proclaimed the Prince of WALES, as ' prosecutor try one defendant in one County, and the tnelt
areconnected with the matter—the thanking by the had, in his return, given notice of his intention to
King GEORGE IV. Early in the forenoon, a great rest in another.
Prince Regene—the measures of Parliament, and the take one out. The Commissioners said, it was a
concourse of people assembled near Etridge's Hotel, Mr. Hunt.—l do not try to do that. The 'first
decisions on some recent occasions in this Court, one hard case; but they must, notwithstanding that, con-
proceeded from that Inn, in the following order: as to changing the trial, and they all agreed with
I will not deny that some of the defendapntsj,u hog hpeless men withdrew hiswere information. so
Uponen thitsh theinf des
4 Detachment of the 4th Irish Dragoons, me in it. The Attorney got instructions from all;
Preceded by their Band, playing martial airs. but, for the reason 1 have already stated, some of of success, have despaired, and are content to go on yfendant published a paper, accusing the Commis- .
The Sherte's Officers, them thou ht it hopeless to apply aga •in to the Court, at any rate. But I have no such feeling. -if this sioners of gross injustice.
italbertmen. Court should, after all, rule that lamto be tried in The Court granted a Rule to drew cause. . .
and therefore made no Affidavits.
Trumpeters. •
Sheriff's Gentlemen and Under-Sheriffs. Mr. Justice Base.—lf the certiorari is granted, the Lancaster, I will go down tearlessly ; confident that THE KING V. LORD RANELAGII. •
The High Sheriff, in his carriage And four, defendants must enter into new recognizances. Can no twelve men will be found to convict me of a con Notice having been given for bringing this defend-
i. 4
.t., Tic carriage of the Archdeacon Markham, in which were, the you undertake to say that they will consent to it? spiracy on the 16th of August. I have little more ant up for judgment, he having been convicted at the ;.;
it' Archdeacon, Air.*Aldtrulan Wilson, Rev. F. Wrangkani,last Sittings at Guildhall, of using language towards !se
Mr. Hunt.-1 have no doubt they will. I under- to add ; all I now desire is, that the affidavits which
*
N and H. Plumer, Esq.my joint Adolphus, Esq. tending to incite the latter to . •
•., Several Gentlemen of the City and County of York, stand the reason they would not join in the Affidavit I hold may be read. 'I will again submit, that
on horseback. . sent down from town to Manchester was, that the case is not to be prejudiced by the delay of any of the fight a duel,
) The remainder of the Dr:goon Guards. Affidavit stated that there was a general prejudice . Mr. BROUGHAM appeared on-behalf of the defend-
e other defendants.
and stated, that since the trial his Noble client
e, On their arrival in the Castle-yard, the 'Ugh She- in the County against them. Now it was easy to The CHIEF JUSTICE.—What you have said, only ant,
~•• riff read the Proclamation, liquor was distributed, allege a prevailing prejudice ; but it was difficult applies to the reading of the affidavits ; still you had been afflicted by an attack of paralysis, which ~
, and the new King's health -was- drank with three to say that that prevailed against all the parties.— have urged nothing to removes the doubt upon our now confined him to his house, and rendered h' • • is ap-
e loud
cheers; the Band also struck up God save the On this account, the defendants did not join in the minds, as to all the parties being present. Do all pearance before the Court utterly impossible, with-
..r King. After which, the Procession returned in the Affidavit, -'•
the affidavits say that a fair trial cannot be had in out the riTk of his. lite. He produced a certificate -
e
sa:iie manner as before, to Etridge's Hotel, where a •
Ile . Clime-Juane& asked what Affidavits Mr. the country ? from Dr. Hebeeden to this effect, and stated, that the
very sumptuous and superior entertainment was pre- Bunt had now to offer? • Mr. Hunt said they had not, but he would under- latter Gentleman was-alto now confined to his room •
1 i aced, by order of the worthy High Sheriff, for tire Mr. Hunt said he had his own, as well as the At- take to say, that if at any future time the defendants by severe indisposition, and was unable to make an .1.
Gentlemen who composed the Procession. torney's, swearing to the state of the Jury in that should disclaim connection with him, ho would cease Affidavit, verifying the truth of the certificate, as re..
It is a singular but. well-attested fact, that the Act County. It was one of his objects, first to obtain an to teke. advantage of the certiorari. gutted by the practice of the Court.
•:` forthe succession of the House of Brunswick to the enlightened July, and if the certiorari would send it,. The CHIEF Jusews desired that the Attorney's Mr. ScAItkETT, for the prosecution, said, he was
is Throne of Great Britain, which passed in the reign to be tried before a special one: the Attorney had affidavit should be read, which stated the fact of his quite content to act upon the Doctor's certificate ...,
i:- (.1 Queen ANN; was carried by a majority of cne
thSEPH PAICE, Esq. M.P. for Lyme, in Dorsetshire, more than 57 or 53 special jurors.
tease the casting vote) vote only ;on sshich occasion, CIIIEF-JUSTICE.—At present,
her Majesty caused a number of medals to be struck
with a seeable inscription, one of which was pre-
sented to each of the Members who had voted in
• -
savour of it.
t--.
. discovered, that in all that County, there were no having
.applied to exaniine. the Jurors' book. His alone, and should therefore withdraw his motion for .4
ahthe other Judges for this Term. •
Lordship then consulted wit
we have nothing to some time, and said they would grant a Rule to drew
do with the special jurors, as this is a common cause why a certiorari should not issue, to be served
jury CaSC. an all the parties consenting to a trial for such Count
Mr. Hunt added, that the Attorney had required as the Crewe should direct, the parties consenting tyo
a view of the Special Jury Book ; but he was told,
• enter into fresh recognizances, and proceed to trial years.
. .. ..-. . • .:
There are at this time living, at a very short dis•
mace from one another, in Ashford, in Kent, foar I
married couples whose united ages amount to 754
. . i
- -
.
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