Star.
London, England, 1811-06-20 00:00:00

Mr. snipant_ ...,
betaracne ......____ _
‘ssed. The witness did not see any part of it in the Pll. He contended, that Although the military force
loom. Sir Francis then, us the King's name and the celled out niight be no greater than etas necessary for
suppressing the outrages of the mob, yet a greater mi.
Jaw's, desired Mr. Colman to des.st, as the warrant
lam y )(nee had been empleyed in the execution of
was not legal. . The witness did not observe whether
the warrant than was necessary. Mimi' stress had
the soldiers were on the stairs, nor could he recollect
been laid on the civility extended by Mr. Colman to
whether any thing was said by Sir riancis about the
Sir F. Burdett ; t 3 that lie would answer, that ty.
civil power of the Magistrates, so greatly was he per-
renny was net losetyranny because dressed in eacour-
plexed. The ladies of the family had come down
presence. The teinis lenn .- ; er was it any conenation to a men that
stairs, and the arrest was made in their a
witness followed his brother through the ranks of sot-
his head wes cut off e ith golden axe: Before the
diers in the hall ; he could not say whether the ranks
Seljeent lied called iii the ealltary force, lie should
~e_ have aeplied for all the assistance the civil power
were term or three deep, there were fifty or silty
diers in all. They had muskets ; but the w tunes could haye given him. The Learned Counsel con-
cluded by conteu,ling, that the es idence and ergo.
could not speak as to bayonets. lie heard no orders
I. make resistance it tile house was broken. Incas of the Attorney-Cenci el had done welling to.
weads removing the evil ain't)) the plaintiff had to
Upon his truss-examinetion by the Arroneea GE-
NERAL, he acknowledged the civility his brother had complain of. -
receieed from the Serjeant at A rms. There was a Lord Exernannouott, in summing up, observed,
previous meeting between Sir Francis Luadett and the queseion•the Jury lead to try laid in the narrowest
Mr. Caiman to Viet at which the witness was pre. I compass, and was as simple as could well be imagi-
sent, the lest& of e Mich the witness did not know now ned- The privilege of the House of Commons had
from his brother. I nothing to do with the question; that had already
Upon his re-examination, he said his brother was , been decided. The legality and necessity of employ..
carried to the Tower in his own carriage, the witness ;ing military force had been allowed by the plailitiff's
lea if he hadintended to contest it, he should have
and Mr. Clementson accompanyinghinm in the vehicle,
anti Mr. Colman attending on horseback.• - :demurred. lie now, however,says,the force employed
i
Bta.tcnonounn then asked Mr. Serjeant Shen. was excessive. improper, and unnecessary. That asset.
Lord
tion was denied by the defendant; and that was the
had to state what points be now relied on. Hi:object
question for the Jury to try. What had the plaintiff
in asking the'question was to save some time, by ser-
vitig as a director to the Attorney General in sipping .to complain of ? There Ins no doubt whatever es-
histstatement. He wished to know whether a was Pressed of the necessi:y of the military escort to the
Merely. the bmingirrg in of soldiers to execute the war., Tower. The window was forced, and the house al.
raitt ? if that wa s all, the justification of the defert- ready entered by the civil power, when the soldiers,
dam admitted both the breaking. of the house, and Who were to be instruments of conveying Sir Francis
the bringing the soldiers into it.- If the plaintiff meant .Burdett to the Tower, were admitted. They were
to contest the legality of this, he should have demur- then tationed in the hall, and did not go up stairs to
red to the justification. interrupt the family. What had they, he would ask,
forcing the house? Nothing.—Though
Mr. Serjeant SHEPHERD answered, that he had to . to do with
object not only to the introduction' of soldiers, but to ' he wished it to be understood, that it they had been
the number that was used, and also to the unnecessary so, employed, the Sajeant at Arms ght employ
degree of violence used. any force he thought necessary. And hie Lordship
observed, be defied the ingenuity of man to devise
The ATTORNEY (,r•,slitiAL then addressed the. Jury.
Ile observed, his Learned Friend had thrown out se- an f employment of military less offensive to the feel-
He
temptations for him to argue upon ;he would, ings of the individual than what had been in this case.
however, confine himself to the only point material ilt Mr. Colman was ar all blameable, and that he
to the present case, which was a very plain one ; was his Lordship did not hesitate to say, it was not
namely, whether Mr. Colman had used; unnecessa. 1 for severity but for a contrary conduct. Had time
rily and wantonly, for the purpose of raising a distur- I writ been delivered to any common officer, even
bailee, a larger military force than was necessary. In I though it had been executed with humanity, yet,
answer to this charge, it was not necessary for him to woad he have allowed four hours to intervene be:
prove that a smaller force might have sufficed to over. tweet his receiving it and the incarceration of Sir
pow
opposition ; the public peace was not to be so 1 Francis Burdett i With respect to the force employ-
risked. Officers executing processes had two dutie.a ',ed. look to, evidence of the state of the sspital at
to attend to—first, whether it wes prebable there I•dle.times and then say if Mr. Colman would not
would be any resistance to the execution ? and, se- hasehesnikighlYhlameable in taking a lees force than
condly„, what force would be necessary to overcome; he did;, it was a proof of his prudence, and lie was
that opposition ; and, not only to overcome it, but to 'fully justified in having taken such an overbearing
prevent its being made at ill, by spewing, that such force as prevented any attempt at resistance.
opposition would he vein ? His Learned Friend had The Jury immediately returned'a verdict in fa-
been at considerable pains to bi ing under considera- your of the Plaintiff, upon the plea of Not Guilty ;
(ion the question of privilege, as belonging to the and in favour of the Defendant, upon the plea of
House of Commons ; that subject, however, had no- Justification.
thing to du with the present question, which had only The ATTORNEY-GIDIERAL observed, that the var.
to do with the conduct of the Serjeant at Arms ; and diet was not generally against the defendant. .
that that Officer had the power to call for any assis- BAILEY, J.—Yes, upon the general issue. •
tance he might conceive himself to stand in need of, Le Bt-Aare, J. observed, that the verdict was only
he would not insult the Court and Jury by arguing. i in favour of the Plaintiff as to the plea of neaguilty,
He was hound to execute his warrant, and them elore It was tO be.UnderlitOOd that the verdict was guily',
might ask assistance, and persons were justified in as to the introductory parts of the declaration ; and
"trot guilty" as to the residue, namely, the pleas of
giving it. The question was, had he called in aid more
assistance than was necessary ? His Learned Friend justification.
SIR P. EURDETT v. EARL OF MOIRA•
had not considered, that the duty of the Serjeant at
Arms did not finish with taking his prisoner, lie was Serjeant Sits. My Lords, I should nej
have troubled your Lordships, hut I doubt whether in
bound to provide for his safe delivery to the person to
whom he was to render him ; he was tO ho. k to the this case (a trial at bar) I can withdraw the record."
arrest at home and the conveying him to the Tower; Mr. HOLKOYD-.--" My Lords, I know in such cases
in Lancaster and Durham, the trial may be with-
and, considering these objects—the circumstance.; 1 drawn."
' which had taken place—the then state of the Metro-
LE BLANC, J.—" Yes ; but in Lancaster and Dur-
polis—and the lengths to which the abettors of Sir
Francis Burdett seemed inclined to go—and consider. ham there is no record to be withdrawn."
1- ing the bloodshed which might have arisen. from Mr. HOLROD—" In Wales there is a mode by
l- taking just a sufficient force to overcome that oppo- which the record may be withdrawn."
• .sition, he determined to take such a force as should Lord ELLENBOROUGH—" Yes, in Wales; but in
overawe resistance, and prevent, as far as possible, this case the best way would be to enter on the re-
the mischiefs he dreaded ; and had he collected a cord 66 pro defectu juritorum."
greater force than was necessary for that purpose, or It was entered accordingly, and of course the case
• one greater than was conducive to the public peace, was not tried.
And the preservation of the lives of his Majesty's sub-
ject,' ?—he would leaye it to the Jury to say. He -I
ITILLSHIRE, King's. Head Tavern, r
should indeed, with perfect confidence rest the defee. N'y la, Just waled a ° eargo of fine lively Turtle'
chant's case on the facts already before the Jury, but Tunis. dressed ayey day la my hitheu perfecti,,,
they had at present only the temnant of a case before mato any part oeTewa sr Country.
themeand he wished to display _the whole piece to
ELEGANTLEASEHOLDVit.t.A,PLE
their view ; and, tor that purpose, be would call evi. and LAND, CHINKPORD
deuce to prove what was the state of the metropolis To be SOLD by *PItIVATF
at that period. . The Learned Counsel then went at
A SELECT and singular,'
large into a description of tyre o
e outrages co by
REMENCe, tastefully f
the mob in various parts of the metropolis, but more seat' el on an ervant lawn, on •
particularly in the neiglibeurhood of Sir, Francis Bur- a very short distance or Woe
den's house ; of the Monts and injuries which the Ben, EN. deceased, wiv
office! well arranged,
solders received, and of their good conduct and mo-
deretion ; and, after remarking on the evidence which is,,tantlkinitgebrenor ngainydetl;,ot,
had been produced by the deleadant, he concluded trees, melon gro;
by expressing his conviction, that when they had heard alai choice e
the evidence he had to lay before them, the Jury cottage, o
aniing
would, with tln'... greatest satisfaction, find a verdict 1 c?lit
:sing the
for the defendant. by iii
Mr. Clementson, the Deputy Serjeant at Arms, I kit:,
was then examined, who proved the several circum- 11
i
tances of the letter from Sir Francis to Mr. Colman,
.atiti to the Speaker.; and also -stated the interviews
w ,hich wok place between the plaintiff and the defen.
Anita and the plaintiff and himself ; and finally of
the manner of tbe.warrant being executed, and Sir
Francis's cenveyance to the Tower.
Captain Agar spoke to the conduct of the mob, and
of the military, on the 6th, 7th, Bth, and 9th ; and
• narrated the several circumstances already before the
public vet that subject. He declared his conviciion,
thest.without the aid of the military, it would have
been impossible to execute the warrant, or to have
conveyed Sir Francis to the Tower.
Colonel Ferrier amid Captain Davis corroborated
the statement of Captain Agar.
P. Colquhoun, Esq. also spoke to the outrageous
tondrict of the mob, and declared his conviction, that
but for the interference of time military, consequences
1 the most serious would have ensiled. He was also
( of opinion no larger military force than was necessary
• was employed; mind, that without that aid, the efforts
of the civil power would Helve availed nothing. •
Mr. Baker and Mr. Lurnie gave similar testimony.
Mr. Reddish, master of the hotel, and Sayers, the
Bow-street Officer, also seance to the outrages cow-
moitttd by the mob.

'l'U W I'I.ES.

NVILLSI-lIRE, King's Head T,lvern, Poultry,
has just Undid a °cargo of fine lively Turt:es, for sale
Tunics dressed every day In tfirlikignest perfectkat for panics, or
sent to any part of Town at Conatry.

ELEGANTand I.EASEHOICHINK VILLVORD HA TCA, RE GROUND,{
LAND, H.
To be SOLD by *PRIVATE CONTRACT.
ASELECT ana singularly debkeble COTTAGE
RESIDENCE, ta,tefully finished with a Viranda in front,
Genteel on an elegant lawn, on the verge of Epping Forest, within
a very short distance ut Woodford, late the resident* of Ntrilliam
.13011. •Eaci, deceased, with numerous attached and detached
offices well arranged, cold bath, standing for two carriages,
stabling for nine ~order, feral yard and out-buildings, an excel-
lentlibehen garden. fully ertp,,ped, lofty walls and choice fruit
trees, 1114011 grinfnd, spade'', gravel walks, beretifully decorated.
with choice and valualsit shrubs and plantations, fish-pond,‘a
cottage, orchard, and a quantity of rich land in a ring fence,
containing together Ii; acres, refreshed by a stream of water run-
ning through the gruunds, near a pack of hounds, and burrolnuled
by the beautiful scenery of the Forest, with valuable Common
Rights; distance ,runt the Royal Exchange about nine codes,
The house and oscer ate suppheil throughout with excellent
aPritig water by s welf•construcced inachine. Pustesnon may
be bad at Midsummer next.
To be viewed with tickets only, wldeb,:with Particulars, may
be bad of Messrs. Htsggart and Phillip% Ilk Old Broad-street.

VALUABLE LANDED PROMS , Wlfl4 A 712,31-
DENCE, IN THE COUNTY OP ESSEX •
TO BE SOLOIST AUCTION,
By Me.sn.HOGOART abSl PHILLIPS,
'At this Auction Mart. on Thursday., the 47th hide, at Twelve,
Ir_APITAL FREEHOLD and small part COPY-1
14...4 HOLD FARMS, talktii WOODHAM LODGE and
TILEPITT, situate in the Parish of Woodhull Ferris, near Dan-
bury; containing together 409 Aues of fine Cont, Pasture, and
' Vinod.band,ss mile* from London, eight from Clielm•iford, six
from Mahlon, and three from the River Crouch, where corn is
shipped far London; in an elevated and beautilul part of the
•Crunty of Essex, boundeei by excellent roads. The Estate is hi
high cultivation; and abounds with fine Mail. The Dwellins,
called Woodhain Lodge, is a genteel modern Haase, with every
accommodation for a reapectable family, with convenient Out.
offices, Coach. house, Stables, capital Barns, Cattle Lodges, Grit-
s ary, and Out-buildings, in excellent repair, extensive Shrubbevy„l
Garden, and O: chard. Iwo Cottages for Workmen, Etc. The
Estate is in the occupation of Mr. Taller, who will quit posses-
Shill at Michaelmas nest.
be viewed with leave of the tenant,• and particulars had elo
days previous te. the sale, at the Claps, Colchester; Angel, Kell's-
dolt ; Blue Posts, Wicksam ; King's Head, Mahlon ; of Mr. Patter-
son, Solicitor' Witham; at the Mart; and at auiggart and
Bp, 62, OGlBroad,istretl, Loudon.