The Statesman.
London, England, 1821-05-26 00:00:00

JR LAW LYTITLLIGENCR.
•
OMIT OF KING'S BENCH, WIITIIIIMIIII, Malt WO.

-11 IR HIND V. JOHN LINDSAY TVSHIR.
•This defendant was brought up yesterday to plead to
an indictment preferred against him by thelkinstitutional
Association, for publishing an *Hedged libel, and hav-
ing pleaded a misnomer, he was desired to be prepared
this morning with an affidavit, verifying the plea. At
the sitting of the Court this morning, Mr. Tin DAL, es
Counsel for the Association, moved, that the defendant
be called upon his recognisances. He was called accord-
ingly, and not answering to his name, his recognisance'
were ordered to be entreated into the Exchequer, on the
i
motion of the Learned Counsel.
THIS RING V. THEM'. RICHARD SLACOW.
.Ir. PARR some days since showed cause against the
role nisi, for criminal information in this case : our
readers will recollect, inserted upon an affidavit of inno-
cence from the illustrious prosecutrix.
libtMr. BaocaliAll was heard in supportof the rule. Upon
.10. the argument of Mr. Park for an exculpatory affidavit he
would trouble the Court with but few observations; to
that demand her Majesty's legal advisers had a complete
answer; but upon such answer the illustrious lady her-
self was not disposed, altogether, to rely. The cases
cited by Mr. Park the Learned Gentleman reviewed at
ennsiderable th, and observed that in all of them
the eba libel had been specific, and that
aceording 'etym. of Lord Mansfield, to sail
for denial, . 'arm must he specific ; but he
!Mr. Brong only alluded to those cases in order to
bill
,et rid of th It was not the Queen's intention to re-
ist the production of the affidavit demanded, up* the
ground of nt of specification in the charges set up
against her if their Lordships did not think there
would be something absurd, and ridiculous, and con-
trary to the rules of the Court, in her Majesty's coming
forward to swear that she was not the goddess of so and
To, and that she did not stand upon the pedestal of this,
!hat, and the oilier; if the Court did not think that there
would he something contrary to practice and to decorum
In such an affidavit, her Majesty was perfectly ready to
make it. As a matter of justice indeed to the Queen,
he (Mr. Brougham) was compelled to state, that it was
acing to the counsel of her professional advisers that no
affidavit had been tendered ; and the around upon which
he himself relied in supposing an affidavit to be out of
the question, was not the nature of the charges in the
rale', but the dignity and high station of the party li-
belled. It was unnecessary for him to enter before
their Lordships into the unique situation and exalted
privileges enjoyed by her Majesty as Queen Consort of
the repro ; but he did submit to them, that it would be i
most inconsistent with that station and those privileges 11
-that she should come into the Court of King's lienchl
and make an affidavit like a common person. In 1
-Cupport of that opinion, which he did most fi:ntlyl,
'believe to be an opinion well founded, he (Mr.
,Brougham) would remind the Court of several matters-,
points of legal proceeding—as to which the Queen
Consort stood in a different situation from any private
individual, of whatever rank. After stating these se-
• venal matters in detail, the Learned Gentleman said he
'.would not remind their Lordships of the privilege of a
Queen Consort as /townie sole, nor of any other edema-
loges peculiar to her station ; but it had been lately',
admitted in the Court of Exchequer—be alluded to the:
ease of Sir John St. AuLin—that the Queen Consort
might. by her Attorney-General, file au inforsuatios
es officio. . 1
'1 he Loan CHIEF JUSTICE.—WouId not that fact,
Mr. Brougham put an end to this proceeding ?
Mr. Buoccnais adverted merely to what had taken
pi:ice in the Court of Exchequer ; he did not mean to
contend that in a criminal case—in a case like ti.e pre-
.
sent—which really touched upon, and in the firra in-
stance belonged to, the Mug, eie queen had power to
. file an ex officio information : be apprehended, how-
ever, that the dignities and immunities enjoyed by the
Queue were given to, and conferred upon her for the
public benefit ; she held them only in virtue of her
public station, and it was for ea attack upon her is
' ti.at public station that tke present proceeding was
tsl.en. For her Majesty, however, he was to say. that.
"apposing the Court to get over the want of aperitica-
„Con in the charges azainst tier, she would not insist
upon them ; and that, if the Court told her that she
,would not way wave he: dignity in mating tile affida-
vit in question, she could have no hcAtatioo iu fur-
t'sliiug it. The Learned Counsel (Mr. Par'.;) had con-
tlnded that in no itistaace had a criminal Information
-iven granted without an affidavit of innocence. Mr.
Park hail cited no instance in which such an infortna-•
. lion had been applied for by a Queen Consort ; and.
indeed, but for the peculiar situation of her present
Ilitajestv, with regard to her Royal Consort, an se of:
fieio infornialion would have precluded the necessity
of her now coming as a suitor to the Court. The
Learned Counsel concluded by repeating, that the
• Queen's objection to comply with the demand of MB-
_ davit arose solely from a sense of the rights and pri-
vileges belonging to her station ; if the Court once set
aside the plea, there would be no objection whatever
upon the ground of the general nature of the charges
~ art np : those charges—as far as by human faculties
they could be understood—her Majesty would have
&either difficulty nor hesitation in negativing.
Mr. DIVIIIAN adverted to the peculiar tarerogative
Ly which Mr. Brougham and himself were addressing
'the court, and commented upon the atrocious charac-
I-
ter of the libel which her Majesty was now, by the ad-
Wei of her law officer, pursuing. The decision of the
-Court, should it be against the opinion of her Ma-
lesty's professional advisers, would immediately re-
'tsrove all difficulty as to the exculpatory affidavit.
The Loan Cuter JUSTICZ.—As this case is in every
• li,lew a case of great importance. and in one point of
• 'siew, a case altogether novel, we think that we ought
• to ;topsider a little before we pronounce our decision.
THE KING V. BLAKE AND WIHDHILL.
" On the motion of Mr. Asinsews. these defendants,
'rho had been convicted of endeavouring to provoke a
persim of the name of Blake to fight a duel, were brought
is fi so receive judgment. After affidavits in behalf of the
defendants had been read, and Mr. ADOLPHUS and Mr.
-A anima had addressed the Court, the Court "en-
' 1-need the defendants to pay to the .King a flue of 201.
ratty to find securities to keep the peace toe one year,
;I esnstivas in 1001. and two securities in .501. each.
't be One being paid, and the seourides given, the de-
feudants were dim:barged.

„

THE STATIMMAN.

CON ASTORY COURT—May 23.
LORD EROIRINE V. LADY RI MINI.
Some time since proceedings were instituted in the
Spiritual Court by Lord Erskine against his Lady, he
praying for a divorce by reason of her adultery. On
the part of Lady Erskine a responsive allegation has
been given in, of a recriminatory and defensive niters,
retorting upon his Lordship charges of adultery and
of cruelty ; and the case was assigned to be argued.
This day an application was made by the proctor of
his Lordship, praying, on his behalf, that the Conn
would be pleased to dismiss all parties from farther ob-
servance of the suit. The application was opposed by
the Counsel for Lady Erskine, and by her proctor, who
prayed the Court to admit an affidavit (sworn to by him-
self and his clerk) to be read, which, besides setting
forth a conversation (of which the particulars did not
fully transpire) between the proctor and the mother of a
witness (the Deice of Lady Erskine), which conversation
was alleged to be of the highest importance to the
case of the defendant, went to impale to Lord
Erskine an attempt to keep hack the testirneny of the
said witness. It further declared that the evidence of
this person, a young woman, was material to prove the
adulterous connexions which his Lordship eras said to
have formed, and the fact of her being taken by Lord
Erskine in a carriage, for the purpose of being carried
to a house of an unbecoming celebrity.
Dr. SWART objected to the affidavit being read, as
a proceeding altogether irregular. He objected also
to the imputation thrown out against Lord Erskine,
relative to an attempt to withhold a material witness
from this cause. The fact was, the she had been
served with a compulsory (this is a species of peremp-
tory citation` and had been produced in consequence.
He ownei it did appear entraorsilnary to him that this
witness could &prise to the particular house to which
they were going in thecarriage, seeing that very cir-
cumstance was likely to prevent her knowing. More-
over, these facts should have been introduced into the
cause, not in this irregular manner, but by plea,
which v .uld have ttliarile.l Lord Erskine an opportu-
nity of replying :9 it by a counter plea.
Dr. LINSHINOToN contended that the affidavit was
perfectly in point, to show that Lord Erskine had en-
deavoured to keep this witness ant of the way.
Sir Wts.t.tam SCOTT thonght that this affidavit
could not be admitted. The proceeding warn irregular,
and if the facts were meant to be pleaded at all, they
ought to he.put in a different way.
The affidavit was therefore rejected.
Dr. ADAMS and Dr. JEY NER for Loll Erskine, and
D:. Ssva tie and Dr. 1.11s111:44)ToN fir hi., lady, then
proceeded to argue the question on the dismissal of
the snit, as prayed by his Lordship.
Sir WILLI t.. 1 SCOTT said, he would take time toes,-
sider the libel and allegati,m, and give his judgment
on a future day.
THE MARQUEES OF DONEO a AGAINST II AY. FALSELY
rALLING oeess:Le M.%RCIIIONESS OF DONEoAI..
Dr. PIitt.LIMORE, on behalf of the Marchioness of
Donegal, prayed the Court to issue its munition, pr-vi-
ously to the further progress of this suit,for the purpose '
of citing the nest of kin to see proceedings. Th?se
parties were married so long ago as the year 17:15, and
the present snit was for nullity of marriage under the
marriage act. The Court was aware of the extreme
severity of that act ; and no length of time, scarcely,
deprived the suitor of his remedy. The only person
on whom the noble defendant relied for her proof,
and who were present at her tnartiage, were very old ;
and this process was the only one upon which she
could rely, for the better maintenance and protection
of those I:lris dignities, :.nterests, and possessions
which were implicated in :his granted.

PROTEST.
ENTIRED MT TUE EARL OP LICI►F.RDILE AGAINST GO-
ING INTO A CO7ISLITTCI: ON TUE BILL POR ARRANGING
TUE DCTICS cox Timusr..

--sms—
(rke eNtracrdinary length of this Protest wonld oc-
cupy too large a space in our columns ; hut its objects
may be surcieativ naderstood from its introduction and
concluding art:cles) :--
lit. Because whilst the speeches in this House and
the Reports of our Committees display to the public an
enthusiastit: adiniratiun of the most sound and liberal
principles of commercial kgistition, it is with feelings of
1 the deepest rrgret that I have seen this House agree to
tie commitment of a Bill which, instead of :bowing any
diliosition to liberality in our future commercial
isterc)crse with foreign nations, will, if recorded in our
statute-hooks, exhibit a specimen of our predilection for
that illiberal, artificial, and restrictive sy-•em of regula-
tion, which has long disgraced our commerlial cedes;
I under all the circumstances of the case, more disgusting
than the arrangement it is intended to correct.—
To me, therefore, it appears the greatest of all ca-
'amities to see this House adopt a Bill which, in regu-
lating that branch of commerce that has first cow-
under the consideration of Parliament, not only preju-
dices the interest of foreign nations without any mate•
rial benefit to our colonies, by forcing into use an are
tide of colonial produce they could furnish cheaper
and of a superior quality ; but, by a partial arrange-
ment of duty, regulates the comparative degree of in-
tercourse we shall enjoy with other countries ;—thas,
at once, unjustly sacrificing to tile proprietors of ship-
ping, who can alone derive advantage from it, the in-
tnest of the Ilritish cimsutuers, and annihilating the
reasonable expectations of benefit which our merchants
hoped to derive from unrestrained commerce, by set-
ing the 'sample of illiberal preferences that will ren-
der it impossible for us to negotiate with foreign
countries, with any chance of approximating to that
freedom of intercourse which, if it could be established,
must redound equally to the advantage of all.
(Signed) LAUDERDALE.
-

MARLBOROUGH-STRIECT.--SZLLING FORGED NOTES.'
—John Smith and gene Carter, who cohabited toge-
ther as man and wife, were charged with selling divers
forted notes to different persons, and also with having
forged notes in their possession. Front the evidence
'adduced, the prisoners, it appeared, have been selling
forged notes by wholesale, at their lodgings in Vine-
street, Chandos•street. where they were apprehended.
On the woman were found eleven I/. forged notes ; and
their nefarious dealings have been very extensive.—
Both prisoners were remanded.
The subsistence-money for prisoners confined in most
of the Covuty thuds has, on account of the cheapness
of the necessaries of life, bees reduced from eighteen-
pence to one shilling per day.
The Amethyst. Bialantyne, frost liambureh to Sun'.
• Berland. ran on shore on Auseland. on the nicht of the
Idth inst. but it was expected would be got off.

c.iro STREET CONSPIRACY.

In onr Paper of Wednesday last we espied a pane
graph from the Glasgow Chronicle, stating, that Swam,
who was executed in that town on the 16th instant
for uttering forged notes, was said " to have told ono
of the town officers on the morning of his execution,
that he was in the hay-loft along with the Cato-street
conspirators, and made his escape by a back window."
The following is an extract of a letter, which a per-
son, who was with the culprit throughout the previous
night, and up to the moment of his suffering the sen-
tence of the lair. has addressed to the Editor of the
above Paper, narrating the circumstances which he
conceives could alone justify the inference that Swan
teas one of those conspirators :—" I was sitting neat
to him close to the graing, and exhorting him, as he
had now so little time to live, to look above all second
Causes, to forget man altogether, ar.d confine his at-
tention to God, to the things that belonged to his
eternal peace, when I observed him become agitated,
and he interrupted me, and with a swelling heart, and
the big tears blinding his eyes, he cried " Oh! that
man, who would shew no merry to me, that very man's
life 1 saved within these two years; but there is niercv
where neither ins nor outs have any thing to say."
answered, " Yoo confound me, Mr. Swan, what man do
you mean ?" " 1 mean," said he, " Lord Sidmouth;
was, 1 assure you, the weans of saving his lite within II
these two years." " Really you astonish me MT.I,
Swan; what connexion had you, or could you hare
with Lord Sidmouth ?" 11i paused anti said " the
King—the Kier, perhaps supposed that wherever 1
was sent I night stir up disaffection." I wished him
to answer more directly, and ful.y explain the nature
of hie connexion with Loud Sidmouth, and tell us
how he saved his life, but several of those present re-
quested the courepation might be dropped, as having
tendency to excite vindictive feelings, to which I
instantly consented, and S.t an almost meekly acqui-
esced." The writer adds, "in the account of the last
scene given in your paper no mention is niade of Mr.
Swan's solemn assertion of his itittorence of the
crime for which lie suffered. To my certain knowledge
he solemnly asserted his innocence to his last breath,
and that, after being by rue, and many other* on many
different thwasions encouraged to corif,ss Ole truth by
the attest powerful motives drawn trout the word of
God, and also after being assailed by those terrors of
the Lord, denounced in the sacred volume against all
who love and make a lie." •

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