The Statesman.
London, England, 1813-10-23 00:00:00

words gain or reward. idly, He considered the
judgment bad, because the Magistrates had not. stated
that either the penalty of 501. was to be levied, or
the offender committed to the House of Correction,
as declared in the Statute. 4thly, Ile contended,
that the clause in the Act of the 10th, upon which
this conviction was obtained, was virtually repealed
by the Act of 17th . Geo. IL which, instead of a
penalty, declared all such offenders to be rogues and
vegrants, He also contended, that in the informa-
tion It should have been stated,. that Mr. Candy
4 wai not authorised by law" to exhibit such per-
forinances.: • •
Mr. Guntretr •replied to .the various objections
Which had been made. After the refusal of the Lord
Chamberlain to license him, and the formal notice
given to him not to represent.plays at the Pantheon,
it was too much for Mr. 'Cundy to complain of op-;
pression or persecution. For eighty offences, there
had been but ten prosecutions. He then defended
the conviction from all the objections which had been
urged,.and said that as to the objection stated by Mr,
Alley, that the 10th of Geo. ii.. had been repealed
bylhe 17th of the same reign: this was a discovery
which had never occurred to any lawyer from the
passing of the Act to the present day., Both theses
statutes had been .always oorisidered as in force, and
the Prosecutor had chosen to lodge his information
on the statute of the 10'h. Tate description of "the
city and liberties of Westminster" was taken from
the words of the Act of Parliament ; and if Mr.
Cundy had any legal- authority for acting plays, it
was for him to show, it., ,lle then combated, at con-
siderable length, the tec§4elObjeitionsmade to the
form of the conviction. „, . I
Mr. BOLL: ND followed, and went over nearly the
same ground as Mr: Curney,ln answer to the objec-
tions of Mr. Alley, -11e.said it had been .bjected,
that the City and Liberty of Westminster was an im-1
l' perfect venue : the case, however, of King v. Solo-
mon,
1 Term Reports, seemed to sanction a different
conclusion, for Lord Erskine, who had beeo Coen-
! set in that case, and whose acuteness and diligence
coeld not be doubted,. had suffered the objection en-
tirely to escape him. As to the 10th of Geo. 11.1
being repealed by the 17th, he could only say, that;
the former Act had been recognized =by Lord Ken-
yon, and it was.still panted in the statute books ,
both by Ruffhead and annuingten : whereas, if it
were obsolete, it wett to :be. Wiped that those Gentle- i
• Men would not have encumbered the volume with 1
•
: superfluous enactments. His Learned Frieud had
doubted the power or the Lord Chamberlain ..to.,
1 lieensei' lie himself the ' ht it teas a matter beyond.
' sriSp:nte, An Act liv.. ln the. year 1497, ,gave a'
er
power 'to Noblemen, an ,eollong others to the Lord
Chamberlain, to employ ,Players :, no statute on the!
subjectwas, passed • rem., that ,time till the 10th ,of
George Ir. thoUghipatents. ,had been granted by
I Hing_Charles IL; the 'l.7th of Geo: 111. took thin :i
privilege' of licensing .stage:pley,erti from all other;
persons, and restriete4,4 to the Lord chetaberlaitt :1
end he apprehended ,Itigitsie IntWer, apt nor if). be
shaken. * *
il'ilii Iy, 'rested 4E41 . ifie'C4l
Mr. SCARLATT, if .
~,,..y, . c y on -
jection which hail beets. stated, .tlit the. I.oth.- or Geo.;
IL had been repealed bythe 17th. The prior Act.
'in its Arit clause, stated, that a person withpikta. le-
gal settlement, who should, act ,and .perferm. plays!,
or interludes, is a rove and
.vagrant. The second 1
chine spoke of ',persons having, or n?t having,. a set-,4'
element, and Then -felt to the Magistrate, the d15..1
CretiOn either to linear "imprison hint : the subsequent
Act declares all Osiers having or not having, set- I
tlements, to be rogues and vagabonds, and moo
they sheuld be dealt, with accerdingly,. Nq pre.
cedent could be produced of a conviction on the first]
Aet; indeed, in the most remarkable 'case which had'
occurred,he well recollected that the actors of theßoy-1
elty Theatre were committed on the 2d„Adt as iogueal,..
though the commitment could not be supported. The
information here was accordingly incorrect.; the le-,
former prayed ,for a specific remedy, whereas the re-.-
wiedy was discretional,: and he hid no right to bind:
down the Magistrates to adjudge that ,part of the,
penalty which he 'chose. If, however, the Magic--
traces should think that the Act was not repealed,
then the tete Acts steed together, and mere so incor-
porrtted iirtheir -nature, that the information :should
Nate beau framed ,w,itli reference to both', and should
have den styled', against the form of the skinks,
not theltatute.. lie had now touched upon thc chief
objections made to biti argument:' aniiii was sure
' that Mr. Candy, however the matter might be decided,
would feel that the utmost attention had been Old
to his case by all the Magistrates. • He did, itot.wUh
' that the Magistrate' -Should ns tip unfit rote

posed cap able of committing It,. on the
•occasion,
and under the circumstances, in question? Bet " mark
how a plain tale will put this statement down." Leary,
Terceiving, from the conversation which had taken
Ilace between him and .Colonel O'Kelly, on the
Sunday. evening, that •he could not convince that
Gentleman of his innocence of the actual perpe-
tratioa of the crime for which he was. the next
morning to suffer, requested me to draw up an ap.
peat to the Public, in which he would, he said,
most solemnly, and most unequivocally, assert that
innocence. I accordingly did draw up the first of
the following papers, which-he would, most willingly,
have signed; he had himself, in the course of the
night, drawn up and actually signed, the second;
,and w,ould have put both into the bends of the
'Sheriff, the • moment before he was launched into
eternity, had I not, on more mature reflection,
thought it prudent to advise him to suppress them,
and to let things take their usual regular course.—
(That this latter object was • not accomplished is
owing to what took place, from another quarter,
immediately before his execution.) In the propriety
of- my advice he most readily and most cheerfully
ocquiesced ; and I destroyed, at I thought, the
papers in his presence; the fragments, however,
were. through the officiousness of one of the turn-
keys, collected, and pasted upon paper, and are
now in my possession. Their contents are trans-
;mitted.to you for the satisfaction of 'the public, and
are, with the exception of the names, Verbatim as
follows. • That they are faithful zc ?Piet inelbe,iseer-
'Mined by yonrself,if, you will do me the honouroei
'calling on me for thvpurpote.' ,The slightest inspec-
tion of them. will "Show that they were not taken
from any body in any of the passages of the prison ;
that they Were not addressed to any of his relatives
in Ireland ; that they were not, in short, either let-
ters.or sealed papers•of any description, but merely
declarations of Leary's innocence of the actual
murder of Clifford.
I have the honour to be, Sir, with great respect,
Your obedient humble servant,
JOHN DEVEHIWX.
White-street, Moorfields, Oct. it 1813. '!",

" Horrotruro SlR,—Before this paper can meet the eye of the
Public, to whom I intreat it may. be communicated, I shall be
arraigned before the Tribunal of the Eternal, confronted, per-
haps, with him for whose murder I shall have undergone the
dreadful sentence of the law. With all the solemnity of one
'viler circumstances so appalling to human mature, I attest the
Great Arbiter of my Destiny. who will, 1 am persuaded, if I
make him party to a falsehood, plunge me into eternal perdi-
tion; I attest the spirit of the murdered Clifford, who mltst, if
I embrued my hands in his blood, cry out for vengeance en my
guilty soul; I attest Heaven and Earth to witness that I did
sot qestribute, either by word or by deed, to the perpetration
oftlte crime for which lam going to sulfur. I acknowledge,
honever, the justice of my punishment, because I ought, a:
had it in my power, to have presentee its perpetration. for
this, and for every other offence of which I stand culpable in
the sight of the Almighty, 1 am most heartily s rry, and ino:t
earnestly implore pardon of him, of my country, and of my
fellow-citizens. I throw myself upon the mercy of my crud-
fled Redeemer, and through his merits alone, humbly. but firm.
ly. liope for the remission of my manifold transgress ons. I base.
with the most undoubting confidence in his all-merciful 'good-
ness, eadeavoured to prepare for the awful momeut which ie to
whet me into his immediate presence ; 1, in imitation of hi, di-
' vine example, most cordially forgave my prosecutors, and the is
sentiments* the most perfect charity with all mankind.
Hoy. Esq. one at the Sheriffs Odle
City of London."
IVewirate,SePt.'2o, 1813."

" To the Heavenly Father to whom 3 am in hopes to see this
morning or „this.day, & to the Ppblic at large.—l owu that t
am not guilty of the crime that I am to sutler for this morniti:.
& is laid to my charge—and alt yee congreation .&
good Chc-
tiaus-,-iny.qountrynutn swore my life away falsely, which
& the officers wronged me, in tike—stated what I. deter
mentioned. lk my Goseph Mutt m well as the reit—hut
854 good Dbrirtian I do freely forgive them all, & all oth.
that would grudge me—from my heart I do sincerely
them—in.hores that god will -forgive me in my last & clan-
getous battle &if I have offended him any ways, 1 offer -self freely unto his satisfaction & .care. All you gond Chiit-
tians pray fur my soul, & God bless his children.
•'Dated this %Ith day of September, ISIS.
" JAMES LEARY."

The inhabitants of the houses adjoining the Opera
Rouse have received notices, to quit en the Qth
for, the intended improvements.
The Judge Advettate's.olfice, in Domdng-street,
Is etnigrgoing e,tbocough repair.

DILD.
On the 19th Inst. at. Durham, at an advanced age, M. Wil-
kinson, so . .45 years Too n.clerk of that city.
lu the fast year .f his age, the Rev. -I`. Ripley, rector of
Wititon-Bassett.
On the 90th inst. at Reigate. Capt. Thomas Joan, late Cut:i-
nlander of the lion. •East India Company's ship Waltham "t'
On the 18th inst. Reherca, youngest• aaughter of /Ars. SI t.:-
leuc, College-house, Chiptivick.
At C. fitidmond's, 'Esq. Lee, Kcal. Mr. Searles, see, n.
road, in toinequence of Alicovertorniim of his chaise.

°LWOW, Pcieted awl Published Ise D. Ler mi. si les
BTH 11. alee!.stv.ist.

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• (A tree deit.)
I Signed) hiETTEnkillpirit ' 'tithe; OM ilailientrd hit faunal profaned Mak " n.'tre In
, t , i dane violated poi* d
Prague, Aug. 100.18 d, etsnienteht. or /et. No Act of Parliament had ever Ogg I.44fit Pub tastes: the itisiters front. the r* ettency, o
:—.6....: end Theataes tsar
• Ns: 1,111. •-. . ; Ghambertain power Ai! Isigtg.ogeh kpeoldibllion, tai able to &moirev no snots defect. Mr.
NOTE FROM THE PIANIPIVELItTIAIITIES OF TRANCE WO .to *I P.kicell'irbere; !ie)", we!! tit 40 eict* eltisogit had bongs ifteklulted to, make
no stick allegation. Gurney
Crrowr Iva stiorrgairrei: • • the lab gave ItIM a *dieting as to thopleag,.thee hod gat bent suggested .either from ea -
pnitee, Aug. 1.1. Tim 141'0% VSerrdr • ;-1 An 'Opinion 'had •geneial4, rlton-ho t
to frill& kluatfood-hou se, that-any thin • us
e'
g exhibited
Tie undersigned Plenipotentiaries Of 'his Mak*/ it
- hetet& 'aittong %tattled feroPle, that an Open;, oPantitegot was contrary to tnorality. lo EE
the Emperor of the. French have received, with thy/ lbutitku dialogue WSW in oeclatflve, did nee dome innects,4lFtg,Awdy,had denoted himself te the every
I
Note which his Elteellency Count de Metternich has Arkids.. ',:tini, useanins otl/4fhe &Mute ; end, perhaps, teininent of the public, with the mostelegant"ter.
this day done them the honour of addressing to them/ Mr.Lottsdale was tanks retemitidge of A the ~iffer- moral amusements. and
in sof • '
the. copies of those which his Excellency bus just re- ent k.. 4 , rreltitivt Icparterettl, that chords. were Mr. fit Skltositiest expressed himself obliged
ceived from the Russian and Prussian Pleuipotem. atruck,' and that the &dune was not so interrupted Mr. Scarlett for going so fully into the Acts 10to
4...- .....1 is tit mitkelt disaireeableld'ilittandience. He then it f Geo. ll.,and
fierier. o for, indeed, if the first statute acre
They have, with pain, bat without uprise, per- gobjecitett to theiction,
ferns'
of the 'tette ' as not ei- repealed by the latter, the question was at an ender°
ceived by this communication, the eagerness with , pressing the mode which the Statute prescribed of He should take time to consider this argument:
which the Allied Plenipotentiaries have seized the I levying the penalty by andrati, or of committing the though he most say, that however he aiight comps
opportunity for depriving the work of pacification 'offender to the House. of Correction. It was neces- sionate 'Mr. Cuddy, he was himself disposed to thinks
of the little time that stills remains for it.; and they Leary for the Justices to show upon, the conviction, that he had, by a want of judgment, incurred the
.irhuie'Lhsli.t.'e`oisrii,)u:Kni-dstt !.
should have expected that the Mediator-would have ; that they had obeyed the direction of the Statute, in penalties of a. breail of the law.
mod his whole influence to preserve to the negotiation ! order that the Cotrrt' shotild see their jurisdiction.— , Judgment.was therefore deferred..
moments which might bring about the tranquillity of It appeared to him, also, very doubtful; whether
To the E 1)1Th It *like MO RNINeCHRONIC LE.
the Lord Chamberlain possessed any power, by the
Europe.
The undersigned, convinced of their not having : acts of licensing plays, beyond the immediate pre- . ,
Ste —A•defererree for opinion, whiciatt-
Ueglected any thing to fulfil the pacific intentions of i cincts of the Royal residence.
much More than
. my own, induces me, however re.
their august Master, of which they have again given ; Mr. ALLEY followed, and took several objections
luctant, to notice a statement which appeared in your
an instance, by renewing, in pressing terms, in Ito the conviction. The first was, at to the description
Paper of the 27th of September. I am, in that
their note of yesterday, the most conciliatory. propo- . of the place' in which the Magistrates had described
statement, represented as having torn two confi-
sals, unfeignedly regret, that there novf remains to ; themselves as acting as Justices for. " the City and
dentist fetters, addressed by the unfortunate Leary
,them no other duty to fulfil, than to lay befbte his? Liberties of Westminster," he thought that the pro-
tp two of his relatives. in Ireland.—lf such an act
Imperial and Loyal Majesty the ,notes which. have 1 per description was " for the Liberties of the Dean,
in any individual, under
,any circumstances,
been addressed to them by Count de Metternich. land Chapter of the Collegiate Church of St. Peter,
(Signed) CAULAlNcOljay,poedeViggage. in the city, borough, and town of 'Westminster, in would,.,
be a flagrant violation of one of the most sacred laws
L. NAR.IIO/01Z. Middlesex." His next objection was, that the word
'society, how indignant must I feel to be sup.
~ N 4.. • -.. • 4 .
.;.
Prague, Aug. 11;1E113.
~..................h.6, ~ i . "hire" ought to have been introduced as well as the .1 °I
.... • ..