Star.
London, England, 1816-08-19 00:00:00

SURREY iISSIZES.

GUILDFORD, AUGUST 17.
THE KING, ON THE FROMM:T[9N OF WM. JONES, VC/.
MARSHAL OF THE RING'S BEKCH, Zr I.OIIDCOCHRANE.
This cause, which excited •considerable interest,
came on before Mr. Justice &tiIt:UGH, and a Jury
consisting of the following Gentlemen .:
Wm. Harlan, 1: t.q. f Messrs. John Palmer,
Vi:•cmot. Esq. I • John Hart,
Messrs. 'rotes R.ogrra, R ichard Turner,
Samuel Momf,prd, George Burclee2,
1 !MIMI SCall:, Rtcharl
John Bali, JarnLa t:trvenson.
The cause WAS appointed to be tried by a Special
Jury ; but the ergo first in the above list being the
only persons prevnt of the Speciil Jurors, the other
ten were added from the Coaimon Jury, on the mo-
tion of the Counsel for the prosecutioil.
The LORD CHIEF JUSTICE of the King's Bench sat
in the course cf the morning to hear common jury
causes, and at half-past eleven o'clock adjourned the
Court for half an hour until Mr. Justice 131.111011:611
(who WAS engaged in the Criminal Court), could at-
tend. Mr. Justice BeRROUGH'S place on the criminal
side was then taken by Lord EtLean mom,.
From an early hour the Court was crowded to
excess, partichlarl y by Ladies of distinction ; amongst
them were Ladies Cranley, Onslow, Turner, &c.
Lord Onslow sat on the bench with the Judite.-Es
About twelve o'clock Lord Cochrane entered the
Court, accompanied by Sir Francis Burdett and
several other friends. His Lordship, attended by
his secretary, took his seat at the table with the Gen-
tlemen of the Bar.
The indictment charged, that in the 54th year of
his Majesty, Charles R.. de Berenger, Sir Thomas
Cochrane, otherwise Lord Cochrane, Andrew Coch-
rane Johnson, R. Sandon, A. M'Rae, and others,
were duly tried by a jury of the country at Guildhall,
in the City of London, before Lord Ellenborough,
Chief Justice, and convicted of divers conspiracies
and misdemeanours: that on a subsequent day in
Trinity Term, the defendant Sir ThOmas Cochrane,
was brought into Court, and adjudged for his of-
fence, to pay a line of Jel,ooo, and to be imprisoned
'r twelve calendar months in the King's Bench prison,
during which time he was to stand in and upon the
pill try for the space of one hour, opposite the Royal
Exchange of London, between the hours of twelve
and two : that the defendant was %accordingly com-
mitted to the custody of Wm. Jones, Esq. Marshal
of the said prison, in executing of his said judgment
and sentence : that the said Sir Thomas Cochrane
afterwards, before the expiration of the said twelve
calendar months, for which he the said Sir Thomas
Cochrane was so sentenced to be imprisoned as afore-
said, and without the said fine ty43.1 him the sai4 Sir
T. Cochrane having been paid or satisfied, to wit, on
or abour the 7th day of March, in tl.e 55th of the
King, with force and arms, unlawluily,..wilfully,
and contemptuously, did vitape and go at large from
and out of the custody Of the said Marshal, where-
soever he the said Sir Thomas Cochrane would, and
to places to the jurors unknown, in contempt of ours
said Lord the king and his laws, to the evil exam&
ple, &c. and against the peace, &c. There were two
other counts alleging the offence, with some sliattic
variances. To this indictment the defendant pleaded
Not Guilty, and put hiruszlt upon the country.
Mr. MA RRYAT stated the case for the prosecution!.
It was, he observed, easy to perceive, from the
crowded state of the Court, the interest which this
cause excited : for his part he had only to say, that
he would confine himself to the law and the fact, and
studiously refrain from either declaniation or ittveca
tive: There were many reasons for his adopting thii.
course. He had a slight knowledge of the Noble
Lord, with whom he had sat at the table of a friends
and he begged to say, that 'nothing disrespectful
should fall from him towards the defendant, except

so far as it became necessary from the nature of the
Case. The Learned Counsel then
.proceeded to state
the circumstances of the fraud upon the Stock Es.
change, which led to the original prosecution of Lord .
Cochrane. It was not fur him (Mr. Marryat) to gq
into the merits of the trial which ensued on that pro.
sectition,— it was sufficient for the present purpose to
state, that a jury ot "the country found Lord Coe*
rane guilty; and, upon a subsequent Application by
the Noble Lord for a new um!, the Court were
satisfied with the verdict, and refused to enter into a
new inquiry. The consequence was, that Lord
Cochrane received sentence of conviution, anal was
adjudged; among other things,' which it was not ne.
cessary to state, to be committed to the custody of
the Marshal of the King's Bench prispn for the term
of twelve calendar months, and to pay a fine of
£lOOO, and to be further imprisoned until that fine
Should be paid. Lord Cochrane therefore had two
things to perform, and which a doe submission to
the laws of h.s country required of him, namely,
with patience to await the expiration. of his imprison.
asent, and cheerfully to pay that fine which the jus.,
Lice of his country had imposed upon him. The pe.
riod of his imprisonment would have expired, by
,efflux of time, on the'.2lst day of Line, 1815, the .
sentence having been poised upon hint on the
• Same day of June in the preceding. year, 1811.
.One of the charges now against the defendant was,
that lie escaped from prison before the twelvemonths .
expired. Another was, that he took an opportunity.
of making his escape before the IC I,IX/0 fine was paid ;
and he (the learned Counsel) was in a situation to
prove these charges most satisfactorily; ' In the first
.place, because the escape took place in the month.of
Mprch, 1815, between three and four months before
,the expiration ut the year; and, secondly, because
'Lind Cochrane had actually paid -the fine at a period
subsequent, namely, on the Sd of Jtily, 1815. This
.prosecution was instituted by the Marshal of the King's
Bench prison, who, properly speaking, was the perso '
sir
who had Lord Cochrane in cus:ody, and.who
lilt
.
amenable to the publiefur the detention of persons co
mitted to his charge. It the Marshal permitted such
persoas to escape voluntarily, he was liable to an in.