Star.
London, England, 1816-11-22 00:00:00

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440iirmeimmirtet.
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=l' M OFXII‘OIS 'BENCH., NOV tOs
rhe Irma tasks Presecufion If WILLIAM Joints et.
• 2 Leap COCHRA.II. • :
Mr..MARRitAT.—" In the case cr4 the King against .
Lord Cochrane, I humbly ,pray the judgment of the
CUurt:"
Lord Commits, •
acetimpanied by Mr. DaciOics, of •
the Strand, immediately came into Court, when Mr.
_
Justice Iloeuovu reed the proceedings which took
place on his Lordship's trial, for escaping from the
King.'s Beach, before Mr. Justice Berinoueto at the
last 'surrey. Assizes. The note of the Learned Judge
wag uncommonly full. It 'contained not only the
indictment at large, and the evidence on which his
Lordship wes convicted, but a summary of his ad•
dress to the Jury, and the principal points of the.
Learned Judge's charge.
The minutes of, the trial having been gone through,
the Clerk of the Crown inquired of Lord Comfit tee,
whether he had any affidavits to put in'--to which
his Lordship answered, that he had not.
.. Mr. MAKR Ye T.--. 0! There are, my Lords, some
affidavits for the prosecution."
The Clerk of the Crown read a very long affidavit,
made by Mr..lones, the Marshal of the King's Bench.
In this he set forth, that lie gave directions to his
officert to he particularly attentive to Lord Cochrane
—and that his Lordship had stated to several of his
friendi that the utmost attention was shewn to him.
That his Lordship suffered no more restraint than
wasinetesiutry to his security as. a prisoner—and had
made his escape in ainanner so clandestine end.
rat tole, that the Deponent did not know, even at the
present time, how it was effected. in consequence
of this escape, he had deemed it necessary to indict
his Lordship. The affidavit then went on to•notice
what fell from Lard Cochrane on his trial, telative
• to the conduct of the Marshal, and set lurch that his
Lordship's allegations and assertions on that °coo I
sion, were either unfounded and untrue, or distorted
and improper, From the time 'Deponent heard of
his 'Lordship's escape, be formed the resolution to
prosecute him—from which resolution lie never
swerved. In treating Lord Cochraue as he had done,
when he was make% he had not acted from. the!
secret instructions of any pers in in office—but was ,
solely actuated by the dictates of his own mind and
judgment. The affidavit here noticed a corropon-
dence which the Deponent had with Mr. alsii Cock-
rave, in which he begged of that Gentleman to use •
his influence to induce Lord Cochrane return—
but that, whether the Defendant surrendered or not,
he was determined to prosecute him, and to let the
law take its course. On tri occasion did lie ever
cake Mr. Basil Cochrane by the hand, and thank him
for his kind consideration; nor did he ever say, th at,l
if his Lordship returned quietly, he would let the
offence pass unnoticed cr unpuni,hed. When his i
Lordship was taken, Deponent had no piece of
greater security than that from v.l;ieh he bed escap-
•ed, except two rooms called strung roams--in ooe
of which he felt it his duty to confine him, until a
more commodious apartment could be prepated for
his reception.
, The affiJovit of Mr. Saumarez was nett read.
It re:hated to his Visits, as a medical man, to Lord
Cochrane—and gave the Marshal a high character
for his humantoy in procnting medical auvice ter
the Prisoners in the. King's Bench, when it was
necessary.
The affidavit of one of the Officers of the prison
corroborated certain parts of Mt. Jones's ,talent. nt.
Mr. Justice BelesvoL-46 If Lord Cochrane wishes
to say any thing, this is the proper time."
Lord COCIIRANE.--" My Lords, in order to pre.
vent the time of the Court being unnecessarily occu.
pied by any observations that noght be considered
extraneous or irrelevant to what is now ,before them,
1 have drawn up a written statement of what the
Court should know belete poising sentence on me.—
I. have also another reesoe for edepting this course,
that of preventing any misreoresentation of what
mean to offer to your Lordships."
Lord CoCURANE tarn proceeded to read the article
which he had prepared. •It commenced kith stating,
that, et his late trial, he attempted to prove that his
es-.ape trout prison, va tether in itself criminal car not,
arose front ,11 laudable motive; and there could not
be a doubt that there would have been an acquittal
on that occasion, had it not been for the charge of
the Learned Judge. A month before, when the
trial of aividson, whom his Lordship had prosecuted
for perjury, came on, Mr. Justice Abbott,. in his
charge to the Jury, said—" Although you_may
clearly see that the evidence given by Davidson is
not true, sill that will only be nee step towards con-
victing him of perjury. It is further necessary to
prove, that the untruth sworn by him, was a detibe-
rate and intentional falsehtiod, the act of a wicked
mind."' '!'his was Mr. Justice Abbott's definition of
the law, and, in his Lordship's mind, a very just
one. Bet the fact and the criminal intention were
proved in Davidson's Cate—whilst in his case, though
the fact was substantiated, no criminal intention
appeared.
Mr. Justice BAYLEY. I will state to your Lerd-
ship now, that you cannot at present enter into Da-
vidson's case. The only object before the Court is
the Cale of your Lordship."
Lord COCHRANE.---" I am perfectly aware of that,
but I notice it in order to draw your Lordship's
mind to this*point, that what is law in one case is
•litw in another."
Mr. Justice BAVI.EY." Your Lordship is aware,
that time is a great distinction between cases of per-
jury and of escape.",
Lord COCHRANE...." I may be considered, by the
' t Learned Gentlemen present, in error—but I hope I
shall be allowed to bring those matters before your
Lordship, which appear to me to be necessary:—
Wheel have to say is moderate and proper: If I
am torbid to proceed, I have no redress whatever,
and your Lordships have only to pronounce .your
j jodgment
.me." •
I Mr. Justice BOYLEItiI The matter under discus.
stun is your own case—and the consideration of the
Case of Davidson, or the direction of the• Learned
Judge, or the propriety of the decision of the Jury,'
is not a proper criterion by. which we can be guided,
in looking at it. I•by no means wish—very far from.
gm is such a feeling-oto prevent your Lordship from
offering whatever you think peoper to the! Court, sup-
posing it•to be relevant."
Lord CCC/iSANE inmetted to -read.—.-It. his eftse