The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1833-12-06 00:00:00

LONDON L4W COURTS.

COURT OF KING'S BENCH.-MONDAY.
THE KING V. W. J. BANKES, ESQ., MR., AND ANOTHER.

The Solicitor-general on the part of the prosecution (the Pa-
rish of St. Margaret's, Westminster), detailed the particulars
of this case, and read, by the consent of the defendant's coun-
sel, Sir James Scarlett, the evidence of Barker, given at the po-
lice office before his departure for America, which it appears
Mr. Bankes did all that he could do to prevent. The evidence
called was that of the police officer who apprehended Mr.
Bankes and the soldier, which did not amount to anything
more than an inference that their meeting was not a casual
one:

The reply of Sir James Scarlett was a triumphant answer to
the charge, after which a great number of distinguished charac-
ters were examined as to the character, habits, and pursuits of
Mr. Bankes, all of whom concurred in opinion that he was un-
likely to commit the offence that he was charged with, or any
other breach of decency.
The Duke of Wellington said that he had been acquainted
with Mr. Bankes for 20 years; Lord Fitzrhy Somerset had
known him since he was a boy at school; Mr. Smedley, Deputy
High Bailiff of Westminster, had known him 30 years; Dr.
Butler, formerly master of Harrow School, 30 years ; Cham-
bers, 33 years • Lord Burghersh knew him from his (Lord
Burghersh's) Childhood ; Mr. Galley Knight, many years; the
Earl of Ripon, 20 years; the Earl of Caledon, many years; the
Rev. Henry Jones, many years; Sir E. Kerrison, many years;
Sir W. S. Rose, for very many years; Mr. Seton, from his
school-days; Dr. Batten, since he was at college; the Earl
Brownlow, years; Captain Yorke, 10 years; Mr. Clive, M.P.,
many years; Mr. R. Gordon, M.P., 28 years • Mr. Harris, one
of the judges of the Insolvent Court, from his boyhood ; Mr.
Dundas, all his life; Mr. Henry Alexander, a barrister, the
same ; Lord Gage, 2.3 years; Sir J. Becket, 12 years ; Mr.
Peache, 27 years ; the lion. W. Best, four or five years; Mr.
Arbuthnot, 12 years; Lord Cowley, since 1814; the Earl of
Breckuock, 12 years; Sir Colquhoun Grant,. 23 years; Mr.
Henry. Smyth, Professor of History at Cambridge, since he was
at College; Henry Beachy, Esq., many years; Mr. W. Alex-
ander, a barrister, seven or eight years ; Lord Stuart de Roth-
say, since 1812; David Bailey, Esq. (this witness said that he
had travelled in many parts abroad, in all of which he had
heard of Mr. Bankes, sometimes in no friendly terms, but he
had never heard of such an imputation as the present, and if
any ground for such a charge existed, it was probable he should
have heard it) ; the Rev. Mr. Piggott, 25 years; Mr. Dominick
Browne, M.l'., 27 years.
To explain the departure of the witness Barker there was
called

Thomas Goold, who said—l knew Barker; his sister was mar-
ried to my son. He came to me in May last, and told me he
had had some words with his brother, and that he wished to go
to America, and asked me to get him a passage in a ship going
to New York. I did get him a passage on board the ship Amity.
I paid the passage-money in the end of May. Barker was
bringing some of his clothes to my house to put in his chest on
the night (the 6th of June) when this affair happened.
11r. Smith, who chartered the Amity, proved the payment of
Barker'spassag,e-monev before the Ist of June last.
Another witness, the' clerk to the vessel, corroborated this
statement. •

A clerk to the defedant's solicitors proved that he went to
the Downs, and from thenee.to the Channel, in which he re-
mained a week, boarding every. outward bound vessel to search
for Barker, but without effect.
This closed the case for the defendant Mr. Bankes. For the
defendant Flowers there were called

George Collins, a private in the same regiment, who proved
that he George
with him on the night of the 6th of June, and left
hint in Charles-street on that night about twenty minutes to ten
O'clock. He gave him a good character.
Three serjeants and three privates of the same regiment also
gave the defendant a good character for honest and manly con-
duct. One of them, when asked if the defendant was likely to
be guilty of such an offence as that charged, answered "No;
he was quite the reverse; quite the other way."
Mr. Watkin, assistant to the surgeon attending Tothill-Gelds
prison, stated that 'the defendant Flowers was affected with dis-
ease when he come to that prison; it seemed of two or three
weeks standing.
The jury ; after a few minutes' consultation, found the defend-
ants Not Guilty.

COURT OF EXCHEQUER.--MoNntr.

HUNT V. AGER AN onizris.--This was an action conducted
in person by Henry Hunt, Esq., the ex M.P. for Preston,
against the printer and proprietors of the True Sun, a London
evening paper, for copying a libel which originally appeared in
the Liverpool Journal. The words complained of were these :
"RIOT AT PRESTON.-It appears that Hunt, the late mem-
ber, pointed at Counsellor Seager, and said, 'There is a black
sheep.' Ihe mob fell upon him and murdered him. In the
affray, Hunt had his nose cut off. . The coroner's inquest has
biought in a verdict of wilful- murder against Hunt, and he is
in custody. Fudge."
The only interesting feature in this trial was the great dii-
play of erudition, on the part of the plaintiff's witnesses, as to
the precise meaning of the word fudge. All the great lexico-
graphers of ancient and modern times appear to have been
consulted on the occasion. Mr. Foster, of the Leeds Patriot,
thought that it meant stuff, or nonsense. The jury, as if con-
vinced by the reasoning of this gentleman, returned a verdict
for the plaintiff, with one farthing damages, for this fudge pro-
secution.