Star.
London, England, 1817-04-14 00:00:00

TIIEATR ES.

DfltitY-LANE,—.sattirday,lthe Vara for Scandal
performed at this Theatre with great applause.
'vas fidlowed by the new Melo-drama. This p:ct
ias received a slight, hut a very useful alteratitn.
Before, the murderer esca; el with impunity ; he •
rams however shot with a true aim by tl e Getman
soldier, and thus all the ends of poetical j istice are
served.

Covvir-GAnctear...--Mtss .—The return of
this most fAscitiating actress to her professlonaleutit;
on S aturday night, was hided *with. enthusiastic rip.
4tire and delight. On her entree. she was sensiMy
Affected from the heart-cheering welcome she receiv,A
from the audience; and throughout the Tragedy,
her inimitable portrait of the love sick Juliet, received
the most ample testimonies of its finished evellente.
The house WAS full Ut elegant :Ind genteel coniril7.
R4intot: Crime, with the merits of which our P.V.!::•:%
Are Already acquainted, closed tho ontertaionien7i-;
the evening with infinite eclat.

KING'S THEATRE.—'That highly c,lebrated Opera,
the lion Gif.etwoni of Moziwe, WAS, after being as.
nottnced fur many weeks, at length brought forvtari
Saturday evening. So much has already appear:.l
in the papers on the rousizal history and nieril
'this grand composition, that little of the critic's. duty
remains to to performed. We can hut place on
cord what bad been so generally anticipated ; and
the present occasion we have pleasure in statiniT,
the success of J), Giovonn; W 25 eminent anci;,n:,
plcte. The acting. throughout was just and sp;:::e,i
the music was delightfully eitecipted ; and the ::c•
scenic decorations were picturesque and sp!eldtt
AstaitoctErrt acquitted himself with extrandlniry;
energy; and with respect either to repl or drar.:4j
action, we have rarely si:cn any perfortn-tuce axle
powerful than his, from the opening of the seermd
act, to the conclusion of the supper scent', •h?re tee
statue and a host of devils beset DOI Pale: iner.
derer. NALm's Leporello was a piece of comic a:A
assured emavapance, which r‘lieved the s.itntir:
complexien of the crimes upon which it was em-
ployed. CRIVFLII wes correct enough, hat arc:-
powered by superior ingmis. S one of the airs b,
the female performers displayed- much tas:e
feeling ; and the not,lt, and often terrible and t!.ril,
ling, harmonics were ponied forth by the ASS aa'u1....1
corps cif singers with masterly ntongt:.c
'decorations of the Opera must be n'ticed the strisia„
view of the Cemetery and Equestrian Sta:uu in tiat
second act, where the shades are managed with to.
usual depth and r•iltoes4, and the 'wenn-bans it
thrown with prodigious etfectoran glOsdi
of the lwrsentan.

.
The story may be cornrriscd ia the folloAhig sigt.
ment :—Don Giomaii is a ;dissolute Nobleman, d li-
bel tine of the higher, class : to:lardle:4 of Vni ilirel.
ments, m.)ral of divine, that inip,:dimptgrrtitic.air.
of his p..ssians, be commences frislOtcet.'tt,t,i .43 d;•
tempt to violate a Lady of. beatny, Wealth, and ralic
Her father., Den Pedro, cornuabtu her assistance, ai;,;
receives a.svuuml.ituin the bnertine that etortly ic.
minatec in. his death. • The hero then ;limey.
*ougli.a vatiety.cf alventures, all having the sane
object; and at length, to *levced the Conseqtrencts of
an unfortoriate dilemma in 'which he his placed hie.
self, be, sakes refuge in the cemetely.iri which the re-
mains of boo Pedro are deposi;e44 Here commencer
the terrific part of the scene : a sound from the Ell
Irian Statue excites his attention;—it is the waria
voice of the figUre.of Dm Pedro, which tells him, ,h;;
before the dawn his mirth will have an ehd : it tie
flounces the vengeance of litsAvas for his daring t•
disturb the repose of the dead; and says it vaits trc
vengeance on the impious loan selio dein teed !lira ca
life. Doe Got:Weer d:tregarcls then thr:ats, anJ i;,
sites the spectre to supper. The. iaOtation is ac•
cepted. Afterwards, at a splendid banquet, the ern:
are disturbed and terrified by tne entrance i.!
ghost .of Das Pedro, clsd in complete white arineui
The spifit,iii its turn, invites the rib:rtine to ~9,,i).
this in vitation 4t likewise accepted ; and Dce Giuv,Pl
presenting his hand to the figure, is in, aatly sti7..
with a mortal terror : his conscience is 4w., kci!.2d, its:
he is at once distracted and stung wi:h remora.
Demons arise, bearing fiery torches; a Ilamiagaby
opens, into which he is precipitated, to.rtccire :etc ;:,
nishment due to his crimes,- Such a.c di,: ai.ite:t.:
of the drama.

The music, as was before noticed, is altogether
a high east, the melodies are origi6al and ench..;:•
jog, the harmonies profound aaa full of geniis. I:
was received with the most enthusils:ic applause.
The Theatre presented the mo,st briniant Npect,c,
that it has exhibited tor many years. At.a vary ea,
hourlt was impossible to get into the Pit. The poi
were fi.led by all the rank aud fetti•ns in toad.
Among the distinguished fashionables we noticed--
The Luke and Duchess of Curnherland, fluke and Ducse•
Portland, Duke of Dorset; Marqubses of ltuckingh;ru,
sea, Ormond, and Winchester; Marckir nesse,. nf Anglcser,si!
bury, and Landsdowne ; Count and Countess St. Antonio;
nisi Ambassador; General Anson ; Loris Qiineston, Crankin
Valletort, Palmerston, Chve, Lowther, Hill, Hamilton, W.
Westmorland, Lauderdale, llorirldoo, &c. •
From the beginning to the cad the pieasuae der"
from tl?e performance was issanifested by tooter,:
plaudits. Sn many of the airs were encored, th,:
was nut until nearly eleven the Qpera

Mi. INCLED4)N took.his farewell•l3envfit at t!:e
wich Theatre on Saturday night. The pert env
were 4 Core for the Heart itehl and the Musical 14
of The Poor Soldier. In the litter, in the dianicte:
Patrice, he int'r'oduced, severai of his tavoutite
admired wngi . -.• •
It is a common 'hying, that "'there is nothing
under thqsurti" bitt„..as there is no rule
esception, so is the Scheme of the present Lotter'
`contradiction tn-therroverb. Never did any Love:
enmbine so many adeantages, or contain sic molt
;neements"lp.Adventurcts, as the present. But,
mere asst-rtion is no .p.oof, hear what the Sew
via tell. yon.,—There ase Four Prizes of 420,0;:(F
there are rotir Prizes ot el,ooo—there are In,*
:,olher Prizes—mid there arc only 4%509. -Blanks---:
evety Prize above 42,5 will have a Ticket in
' Lottery, by which nie::.tis the Possessor of t.
Four Prizes ot re2o,(X)') in this Lottery, may also!'
'pin One of the Prizes of €15,000 in, the.nev.
Tickets are selling at only Eighteen
Sixteenths only TA enty•ux Shillings, at the
:of G. CARROLL, 7, C00113111,-.and 'Ai, 0 NI, 'l'd 4;0.
ythere 7,735, the Last• lnise -at 430,000, %vas s'i+J
Shares,, ";vh with other Capitals alsO ,old in b:lf
the laic October Lottery.

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TRIdL FOR TREZSON.

7'T:3:l COURT OF JUSTICIARY, EDINBURGH.

IV:alnesday, the Court proceeded to the trial bf
iiiiliam Edgar and John Keith, both prisoners in tilt
Cistle of Edinburgh, indicted upon an Act of the
;ti of his present Majesty, for administering on two
diTerent occasions, within the City of Glasgn*, the
following unlawful Oath to Peter Gibson, and seven
others, all present prisoners in the tolbooth of Glas-
gow ; and also to James tkl'Ewan, carding master at
Humphries' Mill, Gorbals of Glasgow, and M'Dowal
roe, or Peat, weaver in Piccattliy-street, Andetston,
Glasgow;titan who, conscious of their guilt in the
premises, absconded and fled from justice, or were
aiding and assisting in administering of said unlaw-
ful Oath,
a In awful pretence of Goo, t, A. B. do voluntarily swear, that
will retatvere in my endeavouring to form a brotherhood of
sffecrosi among Britons of every description, who are wandered
worthy of confidttice; and 'bat I will persevere in my endeavours
to ob•ain foe all the people In Great Britain and Ireland, not dia.
cogged by crimes or insani, y, the elective francliist at the age
.1 twenty-any, with free mid equal representation sad annual
parliaments; and that I will sup,son the same to the utmost of
24 Fora, either by moral or physical strength, as the case may
revue: and I do further swear, that neither hope;, tears, re-
wet% or pumshmeists, shall induce me to inform on, or give
csikece agair.st any member er nuanbets, collectively or indivi-
d,A, for my act or eSprission done or made in or out of this
or dada socivies, under the punishment of death, to be itilicted
wni by any metubtr or members of such sucieties—su help
rue Gov, and keep me stalfast."
l%alich oath or obligation thus purport or in-
tend to bind the persons taking the same to commit
treason, by effecting by physical force the subversion
of the established Government, Laws, and Constitu.
Con of this kingdom.
The LORD Ativocaris stated, that, from certain
circumstances, he found it proper to desert the diet
against John Keith, fire loco et tem/tore, and lie was
committed upon a new warrant. The indictment hay-
irg been read over, Edgar pleaded Nut Goilty.
Mr. CRANSTOUN spoke as follows :—I am of
Counsel in this case tor the prisoner. Tne object of
Cie indictment is to charge the prisoner with a capital
crime ; with the crime of administering an oath pur-
porting or intending to bind the party taking it to
comma the crime of treason. This is not a point of
ditto, which makes part of the ancient or common
law of Scotland—it is not a crime, the nature of
which and the manner in which it is to be charged
are settled by precedents or authorities familiar t?;
your Lordships,—it is a charge introduced by a spe-
cial statute, and recently introduced; and, as far as
I have heard, no trials have taken place hitherto upon
this statute ill Scotland. This case also is of a na.
tare most peculiarly delicate. The life of the priso-
ner at the bar depends, or it may depend, on the
construction which is put on the words which he
uttered. To administer an oath without judicial au
thorny perhaps is not a very common offence. In a
moral point of view this may sometimes be improper,
as tending to lesseo the religion of an oath, as applied
to frivolous or improper subkcts, or on a frivolous
and impri):-..,r occasion. Ac the same time, it is.not
an offence prohibited by any law, or held out as such
by any uniform, common, or daily practice. It is a
practice in many societies and associ4tions to adminis-
ter an oath, when it is clear that there is not the least
intention on tie p trt,eithei4if the person admit:Meting,
or of the person who takes the oath, on the one pall to
impose,nr on the other to undertake any unlawful thing.
It was the object of the statute here founded on to
make this practice iu particular circwnstances the
ground of a capital prosecution ; and it is obvioasly
was where the guilt or innocence of the party may,
depend upon the. interpretation which you put upon
his words. You are all well acquainted with the
statute of Mary, which swept Tway that mass of
coostractive ueasolas.by which our statute-book was
previously polluted ; .119 act which was held by the
nation at the finis et, one of the greatest blessings
ever conferred bran it, and which is still regarded by
their posterity with admiration and gratitude. = Tike
present statute no doubt was passed at a time when
ttiMei of every sort were common; inftliat situation
of things a speedy and efficacious remedy was neces-
sary; and no doubt this statute, passed as it Was with
the best intentions, may have been found to answer
its object. But considered, asit now must be, as a
standing rule, as a portion of our general criminal
law, and to be applied to other actsthan those which
gave it birth, we may be permitted to doubt whether
it was prepared with all the caution requisite. and
whether it is not somewhat lax in the principles ,on
which it proceeds. Being part of the criminal law of
Scotland, I am entitled to say; that an indictment
founded on it shall be accommodated to our form of
criminal proceedings;; and taking this subject into
consideration, I think I shall be able to satisfy your
Lordships that the libel as here laid, and on which_
client is here put to trial, is Ant a libel reletrant,
according to the form of oar criminal law. This is
a point of the utmost importance, and to which the
uttendnn of your Lordships is most earnestly requested.
In this libel the major proposition sets fcirth, that
" Albeit, by an Act pawed in the 53d year of his present Ma-
irs entitled, • An Act to render more effectual an Aul
Tailed fps,
the 37d, year of his present Majesty, for preveusiog
the adarfoiatertas or eking unlawful oaths,' is is, lake slim.
enacted, 'That every wean who ehall, to any atanner or Corm
whatsoever, administer, er Muse to be administered, or be aids
il'g, or Wahl at Ilse Ludnistering of soy oath or comment,
InrPoitlag or Intending to bind the person taking tke same to
canunit any unmoor *rd.:, or any felony mudahable by law
‘‘j:ll ,4catit, shall, ontionvictiou thereof by due course of law, be
guilty of felony. and auger death as a filott, without
.tatht of clergy. •
NW, to regard to the major proposition of this
indictment, I have no objection to make. It is per.
fectly correct in reciting the cla use of the Act creating
the crime now to be tried ; and, therefore, in consi-
dering this proposition, the only thing to be attended
to is, what is the nature of the crime here stated to
be punishable? It is the.administcring of an unlaw-
ful Oath, purporting or iatending to bind to certain
riirnes. Now, coo regarding this clause, your Lord.
'ii;ps will be satisfied, and it. requires no illustration
to prove---Ist. That it is no. sufficient to constitute
the crime that the person who administers the oath
aiminal intentions at the time. It is not•suffi-
cient that at the time he is engaged in a train of ins-
Proper or criminal conduct. It is not enough that
tke person who takes the oath intends to commit, or,
is in the course of committing nyiminal practices. All
this is insufficient. It is necessary, it is the gist and
"'sauce of the crime. that .the oath shall purport to
41011 to the commission of crime. Hawing said.
;Loa mach aa the at propeekiet, we sew opens'

to consider whether the minor sets forth facts snfL•
cient to infer that crime. The minor begins in these
terms:

" Yet tens lt feted of verity. that you the said William Edgar
and John Keith are both and each, or one or other of you, guilty
of the said crimes, or of one or more of them, actors or Atm, or
art and part : le so far as, you the said William Edgar and blin
Keith having, at Clasp* and in the vicinity thereof, in the
course of the months of November and December, 1816, and of
January and February, 1617, wickedly, maliciously, and traitor.
ously, conspired and agreed with other evil.disposed persons to
break and disturb the public peace—to change, subvert. and over-
throw, the Goveruntent —an I to eadte, ntuve, and raise insurree •
don and rebellion—and especially, to hold and attend secret meet-
ings. for the purpose of obtaining Annual Parliaments and Uni-
versal Suffrage by unlawful and violent means, did, then and
there, both and each, or one or wher of you, wickedly, mali.
ciously, and traitorously, administer, or cause to be administered,
or did aid or assist at the administering, to a great number of rr-
sons, an oath or enpganent, or an obligation i:i the nature of an
oath, in the following terms, or to the fellowiug purport."
Here the prisoner at the bar is said to have com-
mitted certain heinous crimes. These crimes, it will
be obseived, are not laid as a charge against the pri-
soner; and indeed it is impossible they should, for the
prisoner can be charged With nothing in the minor,
hitt what makes a part of the crime in the major.—
The charge here is one of adminiitering an unlawful
oath; and whatever other pritctices are set forth in
the minor, they form no part of the present charge.
And I trust,. that however atrocious the crimes here
affirmed to have been committed by the prisoner
may be, I shall she*, that as they are in themselves
totally irrelevant to infer the crime with which the
prisoner is charged, so at the same time it is totally
incompetent, according to the .best established prin-
ciples of our criminal law that they should be ad-
'mined to Proof." What ehave to say on that point
I 'err for future einsideration, pruceedinz, in the
mean time, ,to consider the oath which was admini-
stered, said. as it is, to purport tan obligation on the
taker to commit treason.

The prosecutor, after reciting the oath, says, that
it purports a design to obtain the subversion of the
Constitution by physical force; but it is not enough
that the prosecutor says this. It, on considering the
oath, your Lordships are of opinion that the oath so
set forth has not that effect, then his mere averment
that it is an oath of a certain purport, will not make
it so, and he is not entitled to have the libel sent to a
jury to say whether it has that purport or not ? for
that would be taking away the
_relevancy of the libel
from the Court. It istrery true that besides the word
41 purport," there is another word used here, " in-
tending." What is the meaning of the word intend-
ing I shall afterwards consider, and ,it is of impor-
tance to this case; but, in the first place. let us see
what is the effect of the word purport : the purport is
what the oath Means, as gathered from the words
there set forth. Let us look at the words of this oath,
and see if it purports what the prosecutor says it does.
No man surely will say that it has the effects ascri-
bed to it. In the first place—" lam to persevere in
.my endeavouring to form a brotherhood of affection
amongst Britons of every description who are consi-
dered worthy of confidence." Nobody will pretend
tosay that there is a crime here. All of us are bro-
thers; and it is becoming that we should dwell toge-
ther as such. But the oath then goes on to say,
16 That 1 will persevere in my endeavours to obtain'
fry all the people of Great Britain and Ireland, not
osqualified by ci Imes of insanity. theelectitte
chile, at the age of twenty-one, with:lree and equal
-representation, and annual parliaments." I believe
there are few persons qualified, either from their na-
tural parts vr information, to judge on subjects of
1.1 this kind, who are of opinion snour that annual
parliaments or universal auffrsge would be any
advantage, or that they would conduce to any thing
else than the eitablishment either of a despotism
on the one hand, or anarchy on the other. But
while this is stated, it is well known to your
Lordships, that it is a question on which every sub-
ject of this kingdom may state the opinions which he
holds, .and having adopted them, he may have re-
course to all lawful means whatever, to have such
change produced in the Getertuneat as he &maids
may think proper. Indeed, I need not tell your
Lordships that the British Parliament hat at different
times limited the duration of Parliament' and' the
Mode of Suffrage; and if any individual beef& be-
lieves that anneal PailiaMents and universal Suffrage
would be ter his benefit, there is nothing to prevent
him, and it is no crime whatever, to use his endea-
vours to obtain this thing, and accordingly the
people every day give in, and Parliament receives
and. takes into consideration Petitions for Annual
Parliaments. Now, perceive in this no,crime
whatever. It is not said to be endeaeouredby this
Oath to use Unlawful means for these purposes.--
It is stated no doubt narrative, that the oaths were
administered by persons who were engaged in a trea-
sonable conspiracy; but it is not said that the persons
to whom the oath was administered were so engaged/.
therefore, that being the case, the obligation that the
person undertakes is to use hi: endeavour: to obtain
annual Parliaments, Dm and that is an obligation
perfectly 14014 If your Lordship! consider any
thing beyond the terms of the oath, then the very ad-
ministering of the oath of allegiance and abjuration
might be converted into an oath to commit treason;
for in that oath the party swears that he will do his
utmost endeavours to disclose all treasons.-ke. and to
maintain the succession to the Crown; but this dues
not mean that he is to do tudeoftd endeavours to main-
tain that succession—it only purports, that he is to use

his natural and lawful endeavours to obtain that object.
—The oath then goes on to say, "That I will sup.
port the same to the utmost ~1* my power, either by
moral or physical strength, as the case may require."
In supporting all lawful endeavours, by moral or
physical force, to obtain these objects, the party means
merely to the utmost of his power. that ha still use
all his strength, to procure these lawful objects. You
cannot support what is not in existence, therefore it
would mean that be . was to support annual Yuba-
' melds, /cc. on these things being obtained, and that
he was to support them only after they were obtained.
If they are once obtained, .that it becomes lawful and
is the duty of every good man to support them. With
regard to the terms moral and physical strength,
the individuals in question, and all those assisting,
might also support their 'endsavoun either morally
by soliciting friends, atc. or by their physical strengh,
foe any individual maybe dispatched as it messenger,
sad may uMaust his whole. strength in going about
to solicit Members of Pariiasnent fen their support ;
or at the meetings where they are assinibled, be may
employ his whole physical bans to keep-off the rats:

We, or be hay use Lis pLytisal Fork in. twenty ,iir.
ferent ways, which by the act are not unlawful. The
ceith concludes w:11 serrating that neither hopes not
fears, ccc. will induce him to disclose •it I shall
admit at once that this cotrcealment is improper. But
this is a tnisdemeaaour with which I have noconcern
whatever, for this would not infer the particular crime
here chari..el Read this oath, therefore, from be-
ginning to end, and say does it purport, by any fair
construction, to impose a ti easonable obligation ? Read
the words from beginning to end a hundred times
over, and still it will be impossible to say that it hat
such a purport. It cannot be explained to nano any
thing else, than the imposition of a lawful obligation,
taking the oath by Itself, and not in reference to what
may have been the intentions of the p 'flies.—
Having considered the words in the oath, I now
ought to add, that it the oath does not purp trt trea-
son, there is an end of the present indictment I but
after repeating it, the Public Prosecutor immediately
adds his assertion, that it did purport treason. But
I say that averment is utterly unfounded, for the
oath does nut purport treason. It is for you to judge
between us, whether it dates or does not ? And it
you are of opinion that it d. es not, then it will not
do for the Prosecutor to aver that it does. The in-
dictment then cannot go to a Jury. The civilians
have a gloss. of which" cannot recollect the name,
by which they extract from a text a meaning directly
the reverse of the true meaning. The present is exactly
a gloss of this nature. In the eels/median g;veti too.
you see the word fore: substitqed for strength in the
oath. This may seem extremely immaterial, bat it
is ant sot it is done in order to insinuate a meaning
totally different from what the oath bears. Force
means an armed force assembled, but there is no
such thing as an armed strength; but it is farther said,
that the oath was to bind to the subversion of the
Government, &c. but there is nothing from beginning
to end of the oath about effecting any thing. It was
only to persevere in the endeavours made to.obtain
certain objects. These objects were Annual Paella-
' meets and Universal Stiffrage; but these, if obtained
lawfoliy, would not subvert the Government. The
gloss, therefore, is extracting a meaning irons the
words exactly the reverse of what they truly bear.—
The charge is thus utterly irrelevant.
But I shall go farther, and request you to observe
what may not strike you at first, but what 'I am per-
suaded, on a lullsonsideration of the law, will im-
mediately occur to your Lorships, that evert on the
supposition that this oath did purport what the public
prosecutor says it does„ still it would not purport an
obligation to commit treason. For I say that persons.
bound to effect by physical force a subversion of the.
established Government, are not bound is commit
treason. I 41.11 put this case, a case quite decisive
of the merits of this question. I shall put the case
that the House of Louis. e frith of course they never
will do, pass a Bill for abolishing the House of Com-
mons, which of course would be a subversion of the
Constitution. I shall suppose, that in the House of
Commons it depends upon the vote of the Speaker,
whether the Bill pass or not. That twenti or thirty
adventure's not aniseed *oda gmsrrino, :u specie kill,
bat with sticks and staves. go and compel rain to
give his vote in favour of the Bill, 'I say the C.in,ti-
tutien of this couutr y • would .be subverted by fotee,
Illikrtet it would be Impassible; limier a•ty of the
Acts of Parliament existitg to make this treason.
It wonlifbe no comprsaing or imigiiiiiig the death,
of the King—no levying of war, nn conspiracy to
levy war, and yet here the Cons ;nation would be
subverted by force. Though therefore this oath did
import what the public prosecutor says it does,
but which most certainly it does not. sell it would
not be an oath necessarily interring treason. I have
now considered the oath o as purporting" to bind.
The word purpOrting, as I have endeavoured to ex-
plain, is what appeats from the lords of the oath.
It is the meaning of the oath as it may be taken
from the words. But then the public prosecutor
says that this oath pus ported, or intended ; and the
question comes to be, Does' the use of the word in-
tended make any difference ? I apprehend it does not
-for the intention of a writing or speech is the same
'as its purport; you will observe the Act of Parlia-
ment does not say, that if the person adminiitering
*the oath intends the crime, that crime shall be inferred.
That is not the meaning of the statute; the words
are, that there shall be an oath or engagement o in.
Mainz" to bind, Ike. It is the intention of the oath.
net set the person, which is the crime; and, therefore,
though it was perfectly clear that the prisoner admi-
nistered the oath, and that it was his intention at the
time to bind the party taking it to commit treason,
yet that is not enough, unless the oath bind to that
.effeet. Now the oath does not, from any construction

that can possibly arise out of the words, or from any
interpretation that can fairly be put upon them, mean
any thing but what is perfectly innocent; but then
perhaps we shall be told that the public prosecutor is
to prove, b
ey facts and circumstances, that the intend-
ment cf the oath is different from its purport; and
.that he has some such idea is likely, from the circum-
stance that be has drawn his narrative in the minor in
the way he has done. I have various objecrimis and
considerations on this, to which I "must call your
Lordships' attention. In the first place, I Would say
that suppoiing the prisoner had committed ill the
things laid to his charge there, they would not infer
that he intended to administer an unlawful oath. They
du not create the smallest presumption to that effect.
because a man may be engaged in treason itsel', ard
yet may not have the smallest intention of imposing
an oath upon another binding him to clothe same.—;
The very reason why he' was engaged in such an un•
dertaking may be the retina why l did not commu-
nicate it to others ; and I have'already observed, that
it is not said, from beginning to end. that the pries
taking the oath were participant intim ' NO
secret intent, therefore, on the part of these indivi-
duals, could ever by any possibilitybe used to inter-,
pret what the oath either purports or intends. But if
these facts so set forth are irrelevant to infer the
crime, I pray ycnir Lordships to attend to this c.r-,
cutnstance, that then they are utterly incompetent to
be proved. For'whatis the fact ? It is neither more
nor less than this, that the prisoner had committed
treason. And the public prosecutor is to prove him.
uilty of treason, in order to show that he adminis
tered an unlawful oath ! Now I say, in point of law,
that it is utterly incompetent to. prove an act of twe-
sonagaiust, the prisoner, in order to infer. a crime et
a totally different description. .Bat Awe are other
Lemurs *by the facts seta forth in the natretive should

...

'rot allov.-el to be proved. the prtsoner is eltergeal
with a treasonable conspiracy, tont it is no. eit forth
who the persons . were • who wet- reward sTith
him, it is net even set forth qe w..t engaked
with persons to the Frasecia r
He is accused of treason, while a is Neil kttown that
no man can be pot upon his tri i 1 f tielson till a
bill is found against him by a Grand Ju:y. In the
next place. see/ osing a bill to be sound .ig o him
when hrouoht to trial, a thousand .lifferent hearts
must ha ohsetved, whicO ate not eezessary in other:.
For example, the prisoner is entitled to challenge a
certain nueO.er of hislury uerempiorilv withoutcatior
shewn. There is a variety of other 'privilege's which
it is ennecessary to recite before a person Clo be tried
for the crime of treason : t one of these has the Mi.
goner here: and are you to try this individual for the
crime of mason according to the Scotch rules,
while it is well known that it cannot be triad except
according to the practice observed in khigland.—
I observe al•o this, that it he were acquitted here of
this crime, he would still he liable to a bet:8011d trial.
(The Lord Advocate spoke across the t —'Coe
Lord Advocate says th tt he cannot, and I kuow to
what lie alludes; but I will satisfy rut Lordstitos,
that he is erroneous. By a particular clause in this
statute the ptisoner'cannot be tried a second time for
administeriug unlawful oath, is treason. If ac.
quitteJ of that crime here, it cannot be laid agaia as
an overt act of the crime of treason ; and to this
effect he has the benefit of his present trial. But it is
here laid, that he was engaged in a variety of treason-
able practices; from whials it is interred, that the oath
is unlawful ; but-if these be stated to a Jury, and he
be acquitted, toe verdict will' not present the Lord
lecontese is, that
day from layinz an iadictment tor
treason. There is nothing in the act to, revent this.
I'hal ci4 that he shall not le vita again for
qlie same feet: What then would lot the result
here ? ft would be a public .precognition taken by
the Lord Advocate, in order to enable him iu another
trial to convict the party of high treasno ; and there
°lightly twenty Wats fur oaths, all with the very
view of obtainiig evidence of accession to treason, in
order that a zonviction may take place in the twenty-
first trial on such a charge. I pia it to your Lard-
ships, it oppression of Otis kind could be endure.!? I
have :hewn express authOrity for saying. that one
crime cannot be us of os a means of convih ing for ano-
ther. Now, nothing is here sot fart') in order to prove
the extent of this oath, except facts which infer these
heinous crimes, and which thereforecannot be td mitte
to proof. ‘Srliat conclusion are we to draw trien this ?
That the whole narrative of this minor nem he pluck-
ed out from the libel, as containing nathhot but what
is irrelevant and incompetent. Nothing then would
be kit but the oath. I should than read the word:of
the oath, and trust, that if you are convilicad that the
words did not pdrport the crime of ere tom, the inten-
tion would be nothing; the whole question would be.
Whether the words of the oath themselves have Or
have not the effect, of imposing 'an holawful obligation?
It then the narrative of this indictment be struck
out, I ask is there a Teat.: minor left ? What is a
specific minor ? It is one which sets forth a full and
accurate detail of all material circumstances attend-
ing the cos' t and the only material circumstance in
this mitior is, to extract and elicit °et of innocett
worSea hirimt *meaning from their obvious one;
hut if you strike out the narrative, theie 'is no one
tact OK lOrth from which it is poistble to draw this
inicrence, and consevently the miner is altogether
ittiperlect. I know not what may be the practice on
the other side the Tweed, for I do not know the diii•
tails of the criminal pros dire there, but I know well
that in Scotland we are accustomed to retpure minute
correctness in our forms ; and I can,only say, that
our best established forms would be in vatted it you al-
low the minor proposition to go as it is to a jury.
' Mr. Dutiatuntao, for the Crown, maintaitted, that
the indictment was drawn conformably to' the este-
Wished principles of the Low of Scotland. It was
not necessary. as by the law of Engl Ind. where mu:-
der was committed, to state exactly or. what part of
the body the wound was inflicted ; it was sufficient
to say that the person was murdered by a blow from
a letliel weapon. Here the objection was, that the
prisoner was charged with conspiracy, without say-
ing
with whom. Now, in the major proposition of
the indictment, the exact persons are named to whom
the oath was administered. The oath was clearly art
unlawful one—it bound persons to ere& an act by
both moral and physical strength. The ttime here
charged is not treason--it is upon an express Act of
Parliament fur preventing the administerieg and
taking unlawful oaths ; and if 'the whole physical
force of these conspirators had been cat tied into effect
to procure Annual Parliartients and Uaiversal Suf.
(rage, then it might have amounted to the levying
war against- the King.
The Smote-too Gee CTRL followed on the same side.
Mr.Coetni replied for the prisoner, ittld stipported. at
Considehabtelength, the arguments of Mr. Cransteen.
The JUDGES shortly gave their op:nin:3, stating *The
importance of the case, and the necessity for dello".
rawly limning their opinions. They thereto:* ordered
informations to le given in upon the case; and tills
arid, as well as that of OPAhnire, melt therefere stahl
ova° until their Lordships tenon front the Citcuitrh

The Trial of the MancheVer,Conlpirators, eal7(1.1" 71. P.ll.
laterr. ," nine In t•untber, stands °vs.r unttl th 4 nett tass.:stka
They:turn)* rs are acll`serty to fitesl good and etalieienz ba 1. I'te
c:reties rey t'r.st! are b st two of X2O cads Otte ind vtilnals the;
o.el‘t a in ti..o)•. uotwstftranclinz v Wet. to prove site Forma
theirli!ssnde ;tad connelions, not tit is.d of ttt milte
been bt'lett as late as Tl:ursdayfast.. •

--Acoorl,n to au article ita Martgretter areAije,
Saturday lac, the b:e thr,otestest ituirsrmeti..n to that OW: '.*l
to ittwo War.sickshlse, St4rortivistre, Citerhires
cashiro, and Yorkshire !
Friday, a person. btionging to Nottirepharo, of the *trs• r.l
was mil raretdel to LOW10:1, antler a wt., •ir,, 't
secretary of ewe; and, after au ivennination at the iton,:oiort.,
comothred to Cohl Latta kie3ds entuu, 'you sucricku of fru-
s•.,tub'c

—Widnes,Say at a Spec!a3 SeWants tuid ir. Ptretport, ttis 1!-7,..
•.trat,s agreed to et:goreis the Warch nad Ward Art, in ..1•a•
and tha places adjsetnt.
The mother of //Odd Digfr, who was rrote.lPt
Nottingham last week, stied ut excessive gr:e: 0)1 7:i.
day st'nnight.
Monday last, an alarming Ere 'note nnt h tl*e
Brown Paper Mills, situate at Tovill, in K n:, be-
'longing to Mr. Jona Pixa, which for s
threatened.destructioe to the whole Frcuo,es, but tjte
wind 'slowing in a northerly direction, the flu,
havily prevented kora extenallig tardier
budding wl:cre tLe fite commetw:l.

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