Star.
London, England, 1820-05-11 00:00:00

TIIE KING V. SIR FRANCIS BURDETT.

Mr. DEN \IAN stated to their Lordships, that as he
was now Frepared to go into those additional points
to which he had on a former day alluded, and which
he thought would furnish sufficient ground for a Rule
in this case. The. ground upon which he chiefly
relied, in the introduction of this new matter, was
the peculiar form in which the information had been
drawn ; and perhaps that peculiar form would ac-
count for the peculiarity of the charge which the
Learned Judge had delivered at the trial. The pub-
lication which had given rise to the present proceed-
ing was stated in the information as being a libel of
and concerning the government of the realm, and
of and concerning the King's troops, in the shape of
a letter to the Electors of Westminster; and the only
inuendo which appeared upon the intOrrnation was
this :—Upon that part of the libel " What! kill men
unarmed and unresisting; and,gracious GOD! women
too, maimed, cut down, and trampled upon by Dra-
goons ;" it was charged, by an inuendo, that the word
" Dragoons," so introduced, meant the troops of our
Lord the King ; and that the effect of the sentence
was to say, that the King's subjects had been so cut
down and maimed by the King's troops. It was not
his intention to trouble the Court, upon the present
motion, with any objection which might more pro-
perly be stated in arrest of judgment, because it was
possible he might be placed in a situation which
would render a motion of that description necessary;
he trusted that necessity would not occur. The ob-
jection upon which he now addressed their Lordships
had reference to the summing up of the Learned
Judge who had tried the cause. In his opening
address, Mr. Serjeant Vaughan had stated to the
Jury, that there were many parts of the libel in
question which might, by inference and by argument,
be shown to apply to the existing Government ; and
the Learned Judge, is his summing up, and in bis
charge to the Jury, seemed to have adopted the ob-
servations so made by Mr. Serjeant Vaughan. The
expression " the boroughmougering faction," had
been stated by Mr. Serjeant Vaughan to have
reference, wherever it occurred in the libel, to the
government of the Kingdom of England ; and if
there should hereafter be a motion in arrest of judg-
ment, he (Mr. Denman) should probably contend
that those words were at least ambiguous, and that
they ought to have been accompanied by an inuendo.
Without any inuendo Mr. Serjeant Vaughan applied
a meaning to those words, and the LeArned Judge
stated to the Jury that such was their meaning.
Mr. Justice BEST spoke from memory; but was
sure he had not put the construction adopted by Mr.
Serjeant Vaughan upon the words 46 boroughmon-
gering faction." He had told the Jury, that the ques-
tion for their consideration was this—whether the li-
bel, looking at the whole of it, was, or was not, of
and concerning the Government, and of and con-
cerning the King's troops ? The strongest passage in
the indictment, as it appeared to the Learned Judge,
was not the words " boroughmongering faction ;"
for it was possible that these words might not be
meant to apply to the Government, but to a party
which was supposed to exist in the country, and to
influence the House of Commons, but the passage
" a reign of terror and of blood."
Mr. DENMAN agreed as to the substance of what
was stated by Mr. Justice Best, and would give the
exact words from the short-hand writer's note.
The LORD CHIEF JUSTICE could not receive a mo-
tien made upon a short-hand writer's note.
Mr. DENNIAN only propiised to use the note for the
purpose of prompting his own memory ; and so clear
was his recollection, that he had at once detected an
error in the note. In speaking of the sentence,
" this is the practical proof of our standing in no
need of a Reform," the short-hand note stated his
Lordship to have said, " these words are free from
doubt," &c. but he (Mr. Denman) instantly remem-
bered, that the words of the Learned Judge were,
" there are words free from doubt." In a subsequent
part of the summing up, his Lordship, alluding to the
words " to put a stop in its commencement to# reign
of terror and of blood," had said to the Jury, if that
expression does not apply to the Government, to
vls,at dries it apply ? And afterwards, upon that part
of the libel which spoke of the conduct of James 11.
at the acquittal of the seven Bishops, had said that,
though nothing was-directly charged, a great deal
was insinuated: that the words, " true, James could
not torture his soldiers, nor tear the living flesh from
their bones with a cat-o'-nine-tails," were doubtless
meant to insinuate that those things might be done
at the present day. Now he (Mr. Denman) would
ground his argument upon the very words of the
Learned Judge. If those words were in themselves
ambiguous, and if their sense was to be made out
either by evidence or argument, it was the duty of
those who charged those words as libellous, to accom-
pany them with an inuendo.
The CHIEF JosncE said, there was no necessity
for an inuendo, where the meaning was so plain with-
out it ; beside, the Learned Judge, though he com-
mented on a particular passage, told the Jury to take
the whole libel into their consideration.
Mr. DENMAN still contended that the inuendo was
necessary, if the words were at all equivocal. It
must not be supplied by inference of the Judge,
otherwise a defendant would never know how to pre-
pare his defence. Those who drew the information,
perhaps, omitted the inuendo, as being of opinion the
'words would not bear it out.
The CHIEF JUSTICE observed, that the Court bad
nothing to do with the opinion of the person who
drew up the information. The Judge and Jury would
decide on the evidence and subject matter before them.
Mr. DENMAN still submitted the inuendo to be

• . . .
necessary. Suppose a person to be indicted by thei
name of Thomas King, and aftetwards, through the
whole of the indictment, the word Thomas only
should be used, would not the inuendo, (meaning the
said Thomas King), be necessary ? So also here,
after the words, " reign of terror and blood," would
hot the inuendo (meaning the reign of our Sovereign
Lord the King) be necessary ? He submitted, it
would be dangerous indeed, to a defendant, if the in-
ference was to be left to be drawn at so late a period
as the summing up of the Judge. Hz. was ready to
allow that his Lordship had been placed in a novel
situation, arising out of the singular circumstance of
there being no inuendo in this information, except the
single one, which related to the soldiers. There was
another point, but that was clearly in their Lordships'
possession—viz. that the Learned Judge, in advert-
ing to that part of the libel, which described the
proceedings at Manchester, described it as false
within the defendant's knowledge, yet refused to per-
mit the defendant to call evidence to rove he had
reason to believe it was true. Upon these grounds,
he applied for a new trial.
The Com? JUSTICE observed, the Court having
no doubt on this queition, might as well dispose of it
immediately. If there was ally thing in the point
now newly urged, it would go in arrest of judgment.
The information charged the defendant with having
insinuated, and caused it to be believed, that the
troops had cut down the subjects of the King, and to
this part there was an inuendo, vi 4 meaning, the troops
of our said Sovereign Lord the King, then at Man-
chester : here the inuendo was necessary, inasmuch
as it applied to the troops then at that place ; but the
other parts of the libel were general matter, and re-
quired no inuendo ; and the Learned Judge, in his
summing up, directed the Jury to look at the whole
matter before them ; that he should afterwards have
commented on any particular part more strongly
than on the other, furnished no ground whatever for
granting a new trial. It was impossible to contend
that it was not matter of inference for the Jury
whether the words, " reign of terror and blood," and
the observations which related to King James, his
soldiers, and the seven Bishops, was not applicable
to the King's Government. With respect to
.the se-
cond point, viz. the reltsal of evidence, that point
was already before the Court :—on the whole, he
thought it would be dangerous to grant a Rule for
a new trial upon the grounds which the Learned
Counsel had stated. _ _

Mr. Justice BAYLEY was of the same opinion.— j
Where the meaning was equivocal, as the act of
the soldieis, had they not been properly described ;
and as the words terror and blood would have been
without the word reign, the inuendo was necessary ;
but with the word reign, no one could doubt the
sentence was applicable to the King's Government.
Mr. Justice HOLROYD was of the same opinion.
Mr. Justice BEST said, having presided at the trial,
he had taken no part in decit:ing this case; but he now
felt at liberty to say, he considered the inuendo not
necessary. The Jury were to look at the whole, and
then say if the general averment, viz. that this was
a libel on the King's Government, and on the King's
troops, was not made out. He never described the
boroughmongering faction as meaning the King's Go-
vernment, but he certainly said the reign of terror
must mean the Executive Government. It had been
represented that he bad said part of the libel was
not true. It was impossible for a Judge to divest
himself entirely of feeling—he had endeavoured to
do so as far as possible ; but when he read the pas-
sages in the publication in question, which talked of
bloody Neroes ripping up their mothers' wombs, and
other similar expressions, he might have made, and
believed he did make the observation, that the de-
fendant must have known this was not .true; but,
whether true or false, it was not fitting for a man
of high rank, representing the second city in the
empire, to take for true, without enquiring into, such
statements. He should have paused before he took
j for granted such reports. He must have known that
the reign of terror and of blood had not commenced
in this country. If he went too far in saying this,
the defendant would now have the benefit of it.—
Whether a libel was true or false was of no conse-
quence. If .the defendant had addressed it for in-.
formation to his constituents, or had he addressed
himself to their judgment, it would have been no
libel ; but addressed, as this was, to the lower classes,
and to the passions of the soldiers, it was a libel of
j the grossest kind.—Application refused.
The CHIEF JUSTICE declared his opinion, that in
most proceedings, the present practice was to. intro-
duce by far too many inuendos into indictments and
informations.

This day, the prisoners who stand committed on
charges of felony, were removed from the several
jails in the City of London and County of Middlesex
to Newgate, preparatory to taking their trials at the
ensuing Sessions ar Justice Hall, in the, Old Bailey,
which commence on Wednesday next.
The Sessions for the county of Middlesex will be-
gin at the Sessions House, Clerkenwell, on Tuesday.
COURT OF ALDERMEN.—Tuesday the following
Gentlemen were put in nomination for Sheriffs, viz.

Robert Sutton, Esq. Citizen and Mercer; John Theobald,
Esq. Cordwainer ; Joseph Bonsor, Esq. Girdler ; Alexander
Copeland, Esq. Stationer ; John Woolley, Esq. Glover ; Samuel
Brooke, Esq. Cordwainer ; George Bacchus, Esq. Needlemaker;
Richard Butler, Esq. Butcher; and Jacob Clements, Esq. Mer-
chant Taylor.
—Thanks were voted to the COMMON SERJEANT,
for the great attention and ability displayed by
him during the late arduous Old Bailey Sessions.
—Sir JOHN PERRING presented a Report from the
Committee of Privileges, recommending that a cri-
minal prosecution should be instituted against the
CHAMBERLAIN, for refusing to obey the order of
that Court for paying the bill of the City Solicitor,
in the suit against Sheriff PARKINS and Alderman
WAITHMAN. The CHAMBERLAIN had been directed,
by the Court of Common Council, not to pay the
bill. After a good deal of discussion the Report was
agreed to.
Blum° Son= Snow or PURL Mramo Smear.—Yesterday
the Sheep, Fleeces' and Pieces of Cloth, had all arrived at Mr.
Saimaa's Yard, that were intended to compete for the Pre-
miums libera"y offered this year by individuals, Members of
this Society. The attendance at the Yard was very good during
the middle of the day. The Right Han. Lord Casmeageou
exhibited a ram and three ewes • C. C. WhNTERK, Esq. M.P.
eighteen sheer, C T. Toweas, FA. one ram; .101111* Fame, Esq.
M.l'. two rams and five sheep; Joint CAWSTON, Esq. two rams
and four ewes ; and Titoseas Hertrv, Esq. three rams.—Twenty-
six ram and ewe Fleeces were exhibited, and six pieces of su-
perfine Broadcloth. A number of ingenious Agricultural Im-
plements, itc. were also exhibited.

%

SPAM

PROM THE M.IDIIID GAZETTE, APRIL 95.

d, Major-General ARCO-AGUERO his delivered to
his MhiEsTy the following :
" Stet—The National Army who first declared for the Con-
stitution, since happily accepted by your Majesty, again ap-
proach your august Throne, to express their respectful love and
thanks to your Majesty for having confirmed the rank of Gene.
ral to their Chiefs, as given them by the Junta of San Fernando,
as well as the additional rank so justly conferred on the other
Officers, whereby authentic proof is given of the services this
Army rendered to your Majesty, as well as to their country.—
That malice which sought to dispara3e our merits, will be silent
on learning this determination of oi.r King; the whole world
will admire your generosity, and revere you as one of the few
Monarchs who know how to distinguish their friends front their
flatterers. The Army which your Majesty so greatly distin-
guishes by this step, highly values the Royal confidence by which
it is thus honoured; and being in duty hound to return to your
Majesty its sincere thanks, Don Felipe de Arco-Aguero, Chief
of the Staff; has been commissioned, in the name of our corn-
panions in arms, to express to your Majesty our sentiments of
adhesion and•respect to your Royal person. These we, trust
your Majesty will receive favourably, and always rely on this
Army, ever ready to defend the cause of their Country, Con-
stitution, and King, who, in conformity thereto, has pledged
to govern and make us happy. Goa preserve, &c. (S'gned)
MIGVEL lore: DE BANOS, " ANTONIO QUIROCA,
" DE)ITTRIO O'DALT, " RAFAEL DEL RLEGO.
_

" San Fernando, April 10, 1820."
"6 Star—With the most sincere effusion of our hearts, we re-
ceived the Royal Orders which the War Minister addressed to
us, notifying to us that your Majesty had been pleased to name
us Major-Generals in the National Army. Our thanks, Sire,
are sincere, and of this no more convincing proof could we give
than to present again before the :Throne these vet y same ranks
which your Majesty believes we have merited. It was rot
the ambition of rank, nor the desire of criminal commotions,
that placed arms in our hands. The most pure patriotism, and
an anxious wish to see your Majesty happy and tranquil, con-
stituting the felicity of our country, by a paternal Government,
from which you were so far removed through bad and perfidious
Counsellors, were the springs of onr actions; but perhaps the
grant by which your Majesty has honoured us, will cause our
fellow-countrymen to attribute to us ideas of ambition which
never existed, and raising up rivals to us, awaken the ambition
of many. This consideration, and the dread that our prefer-
ment May .be-a bad example to others, makes us pray your Ma-
jesty, that if it is not deemed indispensable to the welfar.e of the
State, we may be allowed to decline the favour conferred upon
us. It is no vain pride that urges us to this step, it arises out of
our wishes for the general good, and in order that your Ma-
jesty may continue constitutionally to labour with vigour and
energy for the welfare of the Nation, for whose increase, felicity,
and glory, we pray Goo to preserve your Majesty, &c.
(Signed) " LOPEZ DI BANOS, " ARCO AGM:AO,
" aDALT, " R. DEL Ricca,
a A. QUIROOA.

" San Fernando, April 10, 1820."
" ARCO AGUERO was most graciously received and
honoured by the KING and QoEEN, after which the
following Royal Order was issued,: