Star.
London, England, 1826-08-18 00:00:00

(OFFICIAL).

THE LORDS COMMISSIONERS of his MA-
JESTY'S TRRAIURY,by Authority*, PARLIAMENT,
having pereniptorily End
WEDNESDAY, the 18th of OCTOBER,

For the positive conclusion of all Lotteries; thi Public are respect.
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there are but klimlted number of Tile ets to meet the demand—.
tbat in former Lotteries. with but Two or at most Tzars Capitals
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LANCASTER, 'Mo. id.
THE ZING V. WILLIAM WAKEFIELD.
It having been generally understood that argument
would be heard this morning, upon an application to
put off the trial of William Wakefield, the Court was
exceedingly crowded. The Jowls entered the Court
•
at nine oclock, and the ATTORNEY-GENERAL, Mr.
SCARLET; Mr.l3eourannat, and other Counsel engaged
in the cause, took their seats shortly after. Lady Conn'
sat next the JUDGE, and the other places generally al-
lotted to Ladies were closely occupied.
Mr. SCARLETT said, he understood with surprise that
opposition was to be made against a motion he was about
to Stltelfit to tho Court, for a postponement of the trial
of Mr. Was. Wakefield, who, jointly with his brother,
was under prosecution for an offence under the statute of
Philip and Mary. If such an application had been to be
made under the Common Law before the passing of the
lith of George the Foal th, the postponement would be
claimed as of right, and it would be granted as a matter
of coarse. That statute,which had been intended to rep-
late political cases,very.properly left it to the discretion of
the Judge to give a party so applying time to plead, or to
postpone a trial if he should see fit. He held in his hand an
affidavit sheering the absence of three or four witnesses
of great importance to the defendant's case. In criminal
cues it was not to be expected that they should state
why they were important, because they were not to state
the nature of the evidence upon which they meant to
rest their, defence. The defendant had been advised
by his Counsel that.tha evidence of these witnesses was
important to his case, and the affidavit :hewed that
they were absent abroad, and were expected to return
to this country before the next Spring Assizes. This
he thought was a sufficient ground; but there was
another, upon which he should appeal so strongly to his
Lordship's discretion, that he thought it could not be
resisted. Without referring to the great feeling which
this case had excited, and the observations which had
been publicly sent forth on both sides, calculated to
give an improper direction to that feeling ;—setting all
that out of the queition, there was another ground upon
which they should appeal most forcibly to the ditere-
tion of the Judge. He would put it to his Lordship,
whether the greatest deliberation was not necessary to
the case, and whether all the expence of the proceedings
should be incurred a second time for the sake of going
to trial now, when they could not reach the principal
in the alleged offences. Why should his Lordship be
called upon to press on this trial, when the chances
of an impartial administration of justice would
be greatly lessened by such a course? for whatever
was the result, it must have a strong effect upon any
future proceedings. That the case was one of uncom-
mon difficulty was proved by the necessity of having
the additional assistants of his Learned Friend, the
Attorney General, whom they were so glad to see
amongst them, beyond the great legal talent of the
Northern bar. No proceedings had been had under the
Statute of Philip and Mary for a century; and it was
therefore evident that the case was one in which con-
siderable difficulty might arise. Whatever respect he
might entertain towards any individsal Judge, under
such circumstances he was bound to advise his client to
remove the case by a writ of certiorari before a Special
Jury. He should do this, not only because his client
should not be liable to the prejudice which the nature
'of the case was calculated to leave on the minds of par-
ticular bodies of men, but also for the assistance of the
Judge, who, in deciding the grave and difficult points
which might arise out of the proceedings, would know
that his decision was liable to an appeal to the other
Judges, where it might be revised or corrected. No
one bad more respect for his Lordship's decisions and
authority than he; but in justice to the party fbr whom
he appeared, and in order that his friends might have
the satisfaction of knowing that everything had been
done by them and by. his Counsel, should the proceed.
ings terminate in his conviction, he was bound to advise
this course. The Learned Gentleman then argued, that
the certiorari could not have been maintained on behalf
of William Wakefield at any earlier period, because it
was not known whether he might not be subsequently
implicated in the charge of felony against his brother.
Where such an application as this was made upon a case
requiring a Special Jury, it was always granted as a
matter of course.
Mr. Jubtiee pmur—..“ Is that always the pracdcer
Mr. limaserr—ei Always my Lord."
The Counsel a the ether side expressed dossed
Mr. SaaamT.-64 Nay, &Wows, I have had some aperient*,
and I pledge k upon what I have stated."
Mt hake Paas-14 I have had experience, too."
Mr. SCARLET? proceeded to say that the practice was
always so, when the case was considered proper to go
before a Special Jury. He had himself made the ap-
plication in a hundred cases. and had never been op-
ed. Supposing William Wakefield the accessory to
be tried now, andconvieted, the principal might never
be brought to trial at all.
Mr. Justice PARK mentioned the case of Stamp Sut-
ton Cooke, which he had tried, where a party was tried
as a coprincipal and convicted, while the principal was
never brought to trial.
Mr. SIIABLIM—" Aye, my Lord, and far a very'
good reason, because you could never procure him."-- I
He then proceeded to mention a case which his Lord-
ship bad defended in Yorkshire, where two parties were
tried for a conspiracy, who had induced the son of the
plaintiff, a minor, to many. The parties indicted were
the father of the lady and another, and they obtained a
Special Jury, by whom they were afterwards acquitted.
From this, the only analogous case he remembered, he
felt that his Lordship must be disposed to grant the
application. That this was a fit case for a certiorari no
doubt could be entertained, if it were only to give the
Judge an opportunity of having his opinion confirmed
or revised by all the legal knowledge of the Bench.
Upon these grounds* was that he appealed,with a force
which he thought could not be resisted, to his Lord-
ship's discretion. He was not aware, nor had he a right
to expect to be informeJ, of the particular opposition by'
which this application would be. met.. But it must be I
made on affidavit, and they ought to have time to con-
sider and reply to it. The Learned Gentleman sgain

_
.fined, and substantial justice done to all patties.
The following alfidavit was then read:—
" The King against William Wakefield with Edward Gibbon
Wakefield.
" The King a. William Wakefield, indicted with Edward Gib-
bon Wakefield, Edward Theirenot, and Prances Wakefield.
William Wakefield, of Reading, iu the county of Berks. Esq.
one of the above-named defendants, and Joseph Dennison, of Man-
chester, in the county ar Lancaster, attorney for the abows-mmed
defendant, William Wakefield. severally make oath and say :—And
first this deponent, the said William Wakefield, for itlanuilf, saltb,
that two several indictments have been found against him, this dela°.
neat, by the Grand Jury for the County Palatine of Lancaster, at
the present Assizes. holden in and for the mid county, for a mis-
demeanour, in one whereof he is charged under a certain stoats
made in the fourth and Wit year of the reign of King Philip and
Queen Mare, with assisting In the taking and conveying away one
Stine Tenser, sad procuring her to be married to the above.
named Edward Gibbon Wakefield, contrary to the fours of
the statute; and in the other of which indictments he is'
charged with conspiracy with the other defendants therein
mentoned, to procure, by unlawful means, the said marriage to be
effected ; to both which said indictments be, this deponent, bath
pleaded that he is not guilty thereof; ad be is advised by his
Counsel that he may be tried upon the first of the same at these
Assizes. And this deponent farther settle, that from the time of
the alleged commission of the admen with which he has been
charged as aforesaid, down to diets/6W of June last. various pare.
graphs have appeared ip a certain parer called The Miccieyfteil
Courier, which, as this deponent hash bees informed, and believes,
has an extended circulation, and lagessrally read in many parts of
eseety, giving an unfair and mom statement of the facts re.
11111iss wale said alleged offence, end simsdieg. le a very high dearer,
av
the mind of the public against this deponent; and in
mot et this he. this deponent, craves leave to refer to a copy of a
from The Meeckageld Courier of the date of the tenth of
use eight hundred and twenty-six, marked with the
hitter A, and hereunto annexed. And this depolant further with,
that be hash been informed, by his brother, the said Edward
Gibbon Wakefield, and which information he verily believes to be
true, that it is his intention to apply to his Majesty's Court of King's.
Bench, at Westminster, for a writ of Certiorari, to remove the
said two indictments, as foundagainst him the said Edward Gibbon
Wakefield, and to bring the same down to trial, at the ensuing
Spring Assizes, before a Special Jury of the County of Lancaster;
and this deponent, the said Joseph Dennison, for himself mitts, that
he is informed by his Counsel that several questions of great nicety
and difficulty, in point of law, are likely to arise upon the trial of the
said indictments, the more articularly as he is infarnied that no
prosecution has taken place under the said Statute of Philip and
MIXT for a very long period of years, and that there are few, if any
judicial decisions upon the said Statute; and the said deponolts se-
verally say, that. for the reasons above stated, it is extremely desira-
ble, and they are very anxious, that tke trial of this deponent, the
sad William Wakefield, may be postponed to the ensuing Spring
Assizes, in order that there may be =appeal to the Court of King's
Bench upon any question of law which may arise; and that there may
be time for the ferment at present existing in the pullic mind to
be allayed, and that the investigation may take place before a Jury
whose superior rank and station in life may protect them from
any popular prejudices. And these deponents severally say, that
since their arrival at Lancaster, during these Assizes, they have he
the first time learnt, and been informed, and which information
they verily believe to be true, that Richard Badneil, of Asketihurst
Hall, in the county of Stafford. Esq. can give material evidence for
this deponent, the said William Wakefield. upon the trial ache said
indictment, but that he the said Richard Badnell is now absent in
France, from which place be is expected to return in the course of
a few weeks. And these deponents severally further say, that,
from the circumstance above mentioned, it was impossible to serve
the said Richard Badnell with a subpiena to appear at the present
Assizes, but that they verily believe they shall he able to pro-
cure hie attendance at the Assizes to be holden in the ensuing
spring. And this deponent, the said William Wakefield, for him•
self, saith, that he is informed, and believes, that on or about thi
second day of August instant, espies of subpoena were sent to
Mrs. Hurt Sitwell, Miss Harriet Hoare, and Dominick Daly,
Esquire, who were at that time in France. requiring their attend-
ance at the present Assizes, on behalf of this deponent ; and this
&poems had reason to believe, from the answers sent to him by the,
ilessammtiened persons, and did fully believe and expect that they
wadi have attended In pursuance of the said subpoenas, but that
n*br,thesaid Mrs. Hurt Sitwell, nor H. Hoare. have yet arrived.
j And this deponent further veldt, that he verily believes and expects
Nut the said Mrs. Hurt Sitwell and Harriet Hoare will be in Bei.
had, where the said Mrs. Hurt Sitwell usually resides, in the mess
let the ensuing winter • and that he, this deponent, will be able' to
Foam their attendance at the next Assizes. And this deponent
tanker faith, that a letter has been received from the said Dominick
May, in which he states, that from a paragraph which he has read
le The Sun Newspaper. he understands that the trbl of this dep..
neat would not take place at the-present Assizes; that in MSS•
queue* thereof, he should not attend; but this deponent verily be.
litres and expects that he will return to England in the course a a
few weeks, when be shall be enabled to enforce his attendance at the
Sat Assizes. And this deponent says, that he has used all the
diligence in his power to procure the attendance of the raid Mrs.
Hurt Sitwell, Harriet Hoare, and Dominick Daly ; and both these
deponents severally say, that they have been advised by their Coun-
sel. and they do believe that the said last-mentioned persons, and
also the said Richard Badnell, are material and necessary witnesses
for the said William Wakefield, and that without their evidence,
he cannot safely proceed to the trial of the said indictments, or either
of them. 14 WILLIAM WAKEFIELD.
"JOSEPH DENNISON."
The Arroanzz-GzNenat. said, it appeared to him
that neither in the statement which his Learned Friend
bad male, nor in the affidavit which bad been read
in Court, had any grounds been :hewn which required
the postponement of this trial. If his Lordship would
permit him, he would recall to his attention the sitnatioa
in which the defendant now stood. In April last an
application was made to the Court of King s Beach to
admit, the defendant to bail. He appeared personally
in Court, and while the whale charge was investigated
in his presence. It appeared from statements on oath
that be and his brother, by imposition and fraud, had
obtained posseision of the person of this young Lady,
and that by a succession of falsehoods, to which he could
apply no epithet, persuaded her to accompany them to
Scotland, and there persuaded her vs marry him and
is) to France, where she was recovered by her father's
relations and ftiendi from those who had so gained
possession of her person. All this passed in the
presence of the defendant. It was doubted whether
or not the offence amounted to a felony under the
statute of Henry the VII. and if that had been decided,
the parties would not have been admitted to bail.—
After the question had been discussed in the Court, it
' was decided that under all the circumstances the de-
fendant should be discharged upon giving bail; but at
his (the Attorney General) suggestion, he was made to
enter a particular form of recognizance, by which he
was bound not only to answer any charge under the
statute of Philip and Mary, but any other indictment
founded upon these facts, Ile mentioned this to she%
that the defendant had ample opportunity to prepare
to meet the case as it now stood. There was one at-
gement et: hi,l,earr.ed Friend towhich lie would advert.
It was said that the late alteration of the law prevented

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The AnOltliln GebtOM* in continuation, said that
the opportunities for snaking this application in the
Court of King's Bench, as well as in the County Pala-
tine, having been neglected, it was too late now to come
forward and apply for the postponement of the trial
upon such grounds. But his Learned Fr iend a!so sought
it upon the extreme difficulty of the question. Now she
language of the Act appeared to him so plain, simple,
and intelfigible,that he could see no such difficulty in the-
way of its interpretation. With respect to any pecul,ar
points of law which might arise, his Learned Friend was
mistaken in supposing that such grave matters might
not be reserved fur further discussion. Then, a ptorni-
neat feature in the affidavit was, that a paragraph which
appeared in the Macckffield Courier, a paper published
at a distance of ,70 or 80 miles, and having a par tial
ciliation, had produced an unfavourable prejudice against
the defendant. This article appeared as an answer to one
published in another paper, and the affiJa7it did not deny
a knowledge of the origin of the first. The defendant coin.
plained of the public press. But what would be thought
of such complaints when it was known that the public
press had been used by these parties in the publica.
'don of an account which conveyed the basest in.
sinuations against the character of Miss Turner, and
that when the public feeling began to be espressed
upon that account, they afterwards disavowed it ?
What would be thought of their .complaint against
the press, when they were found tb have been making
this infamous use of it? They should prove by a sworn
laffidavit, that Edward Gibbon Wakefield, in conjiii.ction
with a relation of his, then in Court, haft sent a copy of
this account to Mr. Turner, before it !IND so published.
Another ground of the application we at Mr. Daly
had seen a paragraph in a newspaper, stating that the
trial would not come on. Why had not Mr. Wakefield
sworn that he was not the author of these paragraphs,
the objects of which were well known to all P With
respect to the other witnesses said to be absent, the
manner in which the affidavit was sworn was not of such
a nature as to warrant the postponement of the tri4l.
This part of the affidavit was only sworn to by Wake.
field, and not by that respectable Solicitor Mr.Dennisod,
'who ought to have been the beat informed as to the
means which bad been taken to procure the attendance
of witnesses. The Learned Gentleman concluded by
observing, that lie had answered not only the statement
of Mr. Scarlett, but also the contents of the affidav;t
and that unless his Lordship considered it a matter of
right, the application should not be granted, and that
the publie justice in this respect should no longer be
delayed.

The following affidavit was then Mil •-•
" The King against William Wakefield, indicted with Edward
• Gibbon Wakefield.
" Thomas Grlroaditeb, of Macclesfield, in the county of Chesterl,
Gentleinan, maketh oath and saitb, that the above-named defen-
dants, Edward Gibbon Wakefield, Wilillam Wakefield, or their
friends, bare, as this deponent bath been informed and verily be.theca, caused many paragraphs to be inserted in different news.
paper* in Londoe, giving unfair and untrue statements regarding
the-anbject matter of these prosecutions, and particularly a state.
ment which appeared in a newspaper published in London, cared
the Aim 8011, on or about the 28th of May, 1826, which this depo-
nent bath Seen, and which said last-mentioned staterneet this depo-
nent afterwards saw and read in most of the London and many of
the Country Newspapers, published in different parts of the king-
dom. And this deponent further saith, that he bath been informed,
and believes that the said Edw. Gibbon Wakefield did cauie the said
last mentioned statement to be printed and published as a pamphlet,
and 'Suasively circulated,under the title of 'A Statement of Factsre-
garding the Marriage of Ed. G. Wakefield, Esq. with Miss Turner.'
For this deponent saith that be bath in his possession a printed copy
of the -said statement, purporting to be printed by W. Molineatix,
printer, Roll's-buildings,Fetter-laneeLondon, to which be, this depo-
nent, craves have to refer, and which is hereunto annexed. And this
deponent saith, that on or about the 29th day of July hut, he called
upon the said W. Molineaux, and demanded the name of the author
and of his employer, when he, the said W. Molineaux, introduced
a person of the name of James'l3arrod, a clerk to Daniel Wakefield,
Esq. Barrister at Law, the uncle of the said Edward O. Wakefield,
and Wm. Wakefield, who admitted to this deponent that he bad
employed the said W. Molineaux to print the same by orders or di.
rectsons of the said Edward G. Wakefield- And this depetient
further saith, that on the following day the said W. Altair:eau, the
printer, produced and showed to this deponent a letter in the hand-
writing of the said E. G. Wakefield, with which hand-writing
this deponent Is acquainted from having seen -him write, and
addressed to hint iu the following words and figures (this de-
ponent having taken a true copy of the same)--that is to say,
" London! )lay 6, 1826—Sir, hereby undertake to give you
a bond of indemnity, twin any otlur way that you tn4y plea**
to protect you from any consequ.inces that may Rink from
your printing a paper, entitled ' A Statement of Facts regarding
the Marriage of Edward G. Wakefield with Miss Turner.' I am,'
Sir, your obedient Servant, Edw. G. Wakefield." To Mr. Moll-
neaux, Printer, &c. &c. and this deponent further saith, that he
has no doubt the said Edw. G. Wakefield Is the author of the *aid
printed statement, inasmuch as he, this deponent, has in his posses.
lien a written copy of the same, and which is wholly in the hand-
writing of the said Edward G. Wakefield, and also a letter in his
band-writing, both inclosed in an envelope, and addressed in the
same •band-visiting, in the following words immediate 1. Wil-
liam Turner, Esq. Shrigley Park, Macclesfield, Manchester
Mail," and to which papers this deponent respectfully craves
leave to refer. And this deponent further s.thh, tit it he saw
anti road in a Newspaper, c tiled the Maccleefteld Herald, published
the week, or week but one before the 10th of June last, an account
of ckturnstanees connected with the said Edward U. Wakefield's
marriage with a Ward of the Court of Chancery, arta of his adveu.
tures on that occasion, and also some accostitt of his father and fa-
mily. And this deponent saitb, tint the paragraph teferred to is
the affidavit of the said W. Wakefield, and his attorney, as having
appeared in the if:tease-ad Charier on the 10th of June last, dues
appear to this deponent to be a commentary of criticism upon that
"count, and which ibis deponent bath been informed aid belle +es

.

L.

4
a