Star.
London, England, 1821-05-31 00:00:00

LAW INTELLIGENCE.

COURT OF KING'S BENCIL .
(In coodnuation from the STAR of yesterday.)

THE KING 0. JOHN CARTWRIGHT AND OTHERS.
The Arroaairt-GENzaat. prayed the judgment of
the Court on the defendants, John Cartwright, Esq.
George Edmonds, Thomas Jonathan Wooler, Wm.
Greathead Lewis, and Charles Maddocks, convicted
at the last Summer Assizes for the County of War-
wick, before the Lord Chief Baron Richards, of a
conspiracy to elect Sir Charles Wolseley, Bart. as
Legislatorial Attorney in Parliament for the popu-
lous town of Birmingham, and to excite disaffection
towards his Majesty's Government, by`means of se-
ditious speeches, delivered at a Public Meeting at
Birmingham, on the 12th of July, in the 59th year
of the late King's reign.
All the defendants (except Mr. Lewis, who is now
in confinement under a former sentence) immediately
came into Court, attended by several friends.
The CHIEF JUSTICE—" On account of Mr. Cart-
wright's advanced age, let him sit down."
The worthy and venerable Major was immediately
accommodated with a seat.

Mr. Justice BEST proceeded to read the Lord
Chief Baron's Report of the Trial, which occupied a
considerable portion of time.
After the Report was concluded,
Mr. Edmonds put in an affidavit of some length,
in which, although he declared his readiness to sub-
mit with patience and fortitude to the judgment of
the Court, he declared his utter unconsciousness of
the truth of the allegations contained in the indict-
ment—that he was a malicious and evil-disposed
person, that he had intended to excite hatred and
contempt of his Majesty's Government, and that he
had used force and arms in exciting hatred and con-
tempt of the House of Commons. But with refer-
ence to the two latter allegations, he was ready to
avow his hatred of the corruptions existing in his
Majesty's Government, and his just indignation at
the corrupt practices which prevailed in the election
of Members to serve in Parliament, which corrupt
practices were " as notorious as the sun at noon-day.
In concurring in the appointment of Sir Charles
Wolseley, as the organ to express the sentiments of
the population of Birmingham in Parliament, he
conceived that he was merely exerting a legal claim
in behalf of himself and his townsmen, who had been
excluded from those franchises which were extended
to other populous places in the kingdom. Professing
the most devoted attachment to the Constitution of
this country, in its perfect.state, he declared his in-
disposition to do anything which might bring into
hatred or contempt the laws and Authorities of the
country. Ile denied that he was a conspirator in
the sense imputed to him by the indictment, having
attended the Meeting in question without any pre-
vious concert with his brother defendants; merely for
the purpose of expressing his sentiments upon a sub-
ject deeply affecting the interests of the unrepre-
sented town of Birmingham. He had been for some
time past labouring under symptoms of predisposed
apoplexy, and had been subject to attacks of that dis-
order, which occasionally deprived him of all sensa-
tion. He had a wife reduced to a state of delirious
debility, arising from an acute sense of his misfor-
tunes, and was•the father of three helpless children,
one of whom, a little boy, was worse than helpless,
being deprived, under the dispensations of PROVI-
DENCE, of sight, of hearing, of speech, and of intel-
lect: himself reduced to indigence from a course of
unforeseen misfortun.., he presented himself before
the Court, destitute of any other consolation than the
consciousness of uptight integrity.
The affidavit of a medical Gentleman, named Ste-
phen West Oliver, confirmed the statement of Mr.
Edmonds's predisposition to apoplexy ; declaring it
as his opinion, that confinement, and the want of
fresh air, would probably be attended with fatal
consequences to him.
Mr. Maddocks, late School-master, of Birming2
ham, then put in an affidavit, in which he complained
of having been wrongfully convicted, by a picked,
packed, or selected Special Jury. He had suffered
greatly in his pecuniary affairs, and was reduced to a
state of beggary by this unjust proceeding; he had
been greatly harassed in his mind by the protrac-
tion of the final result of the prosecution from time to
time; he was the father of three helpless infants, and
had a wife almost broken-hearted, and in the utmost
state of misery, in consequence of his misfortunes.

John Cartw-iight, Esq. of N 0.37, Burton-crescent,
Captain in the Royal Navy, then put in an affidavit,
of very considerable length, in which he protested in
strong terms against the mode of impanelling Spe-
cial• Juries in Crown prosecutions, and arraigned the
manner in which the Jury who tried this case was
picked and packed, declaring that he had not had
a fair trial

The COURT interposed several times, and observed,
that they could not suffer such remarks to be made,
and ultimately directed that the objectionable pas-
sages should be expunged.
The worthy Major accordingly retired with his
Solicitor (Mr. Pearson), to comply with the orders of
the Court, and, on his return, the affidavit, as
amended, was read.—With respect to the Meeting at
Birmingham, he declared that he was only a specta-
tor and auditor at it, having taken no part whatever
in the proceedings, other than expressing his grate-
ful acknowledgments for the thanks which the Meet-
ing had voted him in consideration of his public ser-
vices. No concert had existed between him and the
other defendants, who, indeed, had pressed' him to
take a part in the business of the day, but he had de-
clined the invitation, conceiving that there were in
Birmingham many persons locally interested, whose
talents and abilities were quite adequate to the task
they had undertaken. The worthy Major then en-
tered into a detail of his long political life, from the
period of the American war down to the present time,
shewing that his constitutional endeavours to ame-
liorate the condition of the country, to promote the
stability of the Constitution, the purity and indepen-
dence of Parliament, and the happiness of the People,
exempted him from the imputation, at this late pe-
riod of his existence, from any wish to subvert the
Authorities of the country as by law established, or to
bring the Government of the realm into hatred and
contempt. Adverting to the subject of punishment,
the worthy Major expressed his inability to bear any
pecuniary amercement, which would deprive an
amiable and beloved niece, wholly dependent on him,

'of die only means or future snstentation, after he
should have departed this life; his present income
consisting of small life annuities, barely adequate to
support him with decency, but declaring his
ness to submit with fortitude to any imprisonment
that the Court, in its justice, might, under all 14
circumstances of the case, think proper to inflict.
The several affidavits of John Thelwall, Esq. s,
Favell, Esq. Peter Walker, Esq. Barrister at Law.
and Thomas Cleary, Gent. were then put in, coil•
firmatory of the worthy Major's constitutional and
upright conduct during the time they had reap 5.
tively known him.
The affidavits of Mr. Edmonds; Mr. Thomas
Reeve, Mr. Maddocks, Joseph Ball, John Allcoek
and George Jackson, the three latter being trades.
men of Birmingham, confirmed the statement of MR,
jor Cartwright, that he had taken no part in the pubs
-lie Meeting at Birmingham, having been only ao aw
ditor and spectator of the proceedings.
Mr. Edmonds then addressed the Court at very
considerable length in deprecation of punishmesto
and spoke for nearly two hours, with no tncon.
siderable portion of ability. Some of his observations,
however, called forth the animadversion of the Court,
who warned him that he could do himself no gout
by the course he had taken. He laboured to she*
that his motives were pure and upright in the con-
duct he had pursued, and professed his ignorance
that he was doing anything illegal or unconstitu-
tional in the share he had taken in the election ofsi
Charles Wolseley. Conspiracy, in the language of
the indictment, could no; he imputed to him, tor Ite
had not conspired with anybody in the pursuit of
what could be considered an illegal object. As to
the seditious language imputed to him, though the
phraseology in which his sentiments were couche,
might be thought exceptionable, yet, as the semi.
ments themselves were not illegal in a good subject
and loyal Citizen to utter, he could not be cor.n.
dered as deserving punishment for the honest ebulli-
tion of his feelings, at a time when every circue,.
stance of his situation conspired to inflame his mind,
and warp the serenity of his temper.
The defendant having finished his address about
four o'clock,

The COURT said, they could go no further in the
case to-day, and therefore adjourned the remainder
of the proceedings until Friday morning, to-morroir
being a dies non—Holy Thursday.

CONSTITUTIONAL ASSOCIATION;

THE KING V. DOLBY.

Mr. EVANS, Counsel for the defeudant, moved the
Court for a rule to shew cause why a list of the
names of such persons as composed this Society
should not be delivered to the defendant, prior to
striking the Jury.
Mr. Justice BAYLEY—You require a list of such
of the Society as are qualified to serve on the Jury.
CHIEF JUSTICE—Take a rule to shew cause.

At Kingston, on Saturday morning last, a number
of men were employed making hay (which appeared
to be very good) with their great coats on; and, at
the same time, snow and hail were falling, accom-
panied with a brisk wind from the north-east.
EXTRAORDINARY ESCAPE.—Thursday everilig, two
Constables arrived in Chester, by one of the LiverpooL
coaches, with a man in custody, who was apprehended
on a charge of uttering base coin. On his arrival in
Chester, he was conducted by
.the Constables to the
eastern gate of the jail, when, while one of them quit-
ted his hold to ring the bell, he knocked the other
down, by a blow between the eyes; and ran dawn the
lane, between the Infirmary and the Jail, and leafed
over the city wall, into the field below, a depth of
about thirty-four feet ! and that part of it under the
wail is rocky. In his descent, he broke off a small
willow tree, which was growing near the bottom of
the wall, and which probably broke his fall, by throw-
ing him in an inclined position. He made two efforts
to rise, succeeded in the second, and ran across the
field, at the far side of which he scaled a paling sir
feet high, and effected his escape. One of the Coo-
stables, in attempting to get down after him by one
of the buttresses, fell, and was severely injured.

lICRTIIS

The 19th inst. In Dublin, the Lady of Colonel Oda, of
Grove, County of Limerick (late Member of Parliament forth
County), of a still-born female infant.
Monday, at Shenk), I'arsonage, Herts, Mrs. Newcome, tt
a son.