The Statesman.
London, England, 1812-01-21 00:00:00

SPECIAL COMMISSION.

SESSIONS HOUSE, HOItSEMONGER-LANE, JAL 20.
This being the day named for opening the Special
Commission, issued for the trial of the seamen taken
on board the French ships captured at the taking of
the Isle of France, on a charge of High Treason—
the CHIEF BARON, who was appointed head of the
Commission, accompanied by Sir SIMON LE BLANC
and Sir ALLAN Citamoaa, took his seat on the Bench;
About eleven o'clock, the Commission having been

read,
Mr. Knape proceeded to call over the names of the
Grand Jury, which were as follows :
Sir John Frederick, Bart. • Sir Thomas Sutton, Bart.; Sir
John Piuhorn, Knight; Sir fames Alexander; Samuel Thorn-
ton, Esq.; Wm. Kendrick, Esq.; Edw. Bake Esq. ; T. T. Ben-
ton. tat. ; H. Bridges, Esq. ; James Land, Esq. ; H. P. Western,
Isq. James Trotter, Esq.; Robert liankey, Esq. ; Edward
Peppin. .Keq. ; John Kensington, Esq. ; Wm. Borraidale, Esq.;
Jams Newsome, Esq. • Thos. Gaiteskell, Esq.; Thomas Lett,
tni Esq.; F. Young, Esq.; J. Spicer, Esq.; Joseph Bradley,
' . • and Peter Brondley, Esq.
file Grand Jury having been sworn, the CHIEF
BARON delivered his charge to tbe following effect :
Gentlemen of the Grand Jory,—lt has been thought necessary
to assemble us here, to inquire into offences of no ordinary mag-
nitude, of an common nature; and to chew his Royal Highness
the Prim* Regent's ans ions care for the salvation of the coun-
try, it has also been thought necessary to appoint that Special
Commission ander which we now men von. The persons into
whose ;milt ear innocence you will have to inquire, I am sorry
•to my. o htti that illustrious service the Navy and Marines,
and it is rnit' painful to us, who are in the habit of see-
ing the woll-deferved thanks of the country so frequently
bestowed span them, through the medium at the Legislature.
sad of reading in the public prints daily instances of their
Istrepidity sad courage to have reason to inquire into
cares Bile the present. leis &circumstance event etsandation,
however, when we consider how numerous no-body the class of
peers to which the prisonen belnegetiosist of, that those oc-
-121910136 so seldom ocehr. Acquainted as I are with the Grand
Jury of the County of Surrey, I should sot have felt. it neces-
vary to occupy your attention a minute, had it not been for the
coadderatios, that the case is one to which perhaps your Wen
thin had never been before directed. The prisoners are all
charged with the same offence, therefore you will have but use
fact to which to direct your attention, they are all indicted for
High Teason. This is the highest *Owe which is known to oar
law, became by it a whole people may be injured, a whole na-
tion reduced to a foreign yoke. Till the reign of Edward the
Third this law was hut little defined, but that Prince, in the
twenty-fifth of his reign, by an Act of Parliament, declared
what acts were to he considered as nigh Treason; and that
none but such as were then, or should in future he declared acts
of High Treason by Act of Parliament, should hear that con-
struction. This Act of Parliament, a wise and wholesome NM
it is, has continued to he our guide down to the present time.
first three acts of Treason enumerated in this Act of Yareits.
rnent .ore, first, to imagine or • loupriss the King's death ; the
second, levying war against him ; and the third, which is that
with which the prisms, is are charged, is adhering to the King's
enemies. I crying war againsr the Crown consists of internal out-
rage and rebellion; but 'he .ffosime with which the prisoners are
charged, viz. adhering to the King's enemies, that is, toting to
subvert the monarchy by joining foreign enemies, is a still more
enormous offence than even levying war against him. For the
first, as has been seen in the course of the century before last in
this country, did, iu sonic instances, respect privue property,
and after a course of years, the Government returned to its
muss! farm; bubadhering to the King's enemies, aad aiding
to overturn the Government, by the introduction of a foreign
enemy, is to introduce a deprivation of all property, accom-
panied every insult which malice can invent. By the sta-
bile haw of the land, the offence must be distinctly set forth on
the ladimment, and as the act charged against the prisoners
is what is called an overt-act of treason it must he proved by at
least three witisnees; but it will be snfficient that the collateral
acts, such as proving a person to be born in the King's domi-
nions, &e. are proved h' one. The furnishing arms to the
Kings enemies'; sending intelligence, tilthouga it may never
reach the enemy; peruading firm to engage in schemes against
the safety of the King's Government, all these were considered
as overt-nets. Although your atiention will not he called to
that part of the Prisoners' case, it may not be imeirss to state,
what will operate as an excuse for such acts as these: if ad-
hering to the King'- eitonies is done from fear of death, and the
party proved that fact, and that he took the earliest opportunity
to escape, that will be an excuse; lint he must prove that he did
so. Ido not mean that he should prove he was every day, or
every hour in danger of losing his life; but he must show he
made the attempt to escape, so that the Jury may have room to
presume he remained with the enemy againt his will; but ap-
prehended danger to property is no excuse. Nothing less than
compulsion, or a well-founded apprehension of death, will ex-
cuse the act. It will be well that these circumstances should be
known, that persons in the service of their country may know
what it is their country expects of them, namely, that every
thing but death is to he endured in the service, before they con-
sent in any way to aid or assist an enemy. Gentlemen, 'I have
nothing more to state to you. I dismiss you with a hope that
the Pnsonen will be enabled to make out such a justification of
their conduct as will entitle them to an honourable acquittal
from their country.
The Jury then retired, and were absent about
three hours, when they returned into Court, having
found true bills against the following Prisoners, viz.
Samuel hiacfariane ; James IFibbs ; Cornelius Parker ; Josiah
Teaster ; Win. Coadlel altos Cannel; George Armstrong;
Charles Bird; John Quigley ; Philip Lathey ; Noah Francis;
John Smith ; aad John Tweedale.
The CHIEF B tRON then addressed the Prisoners
as follows:
Patsossas '—Bills of Indictment for High Treasoo have bees
found against each of you by the Grand Jury g eopiesof which,
together with lists of the Jury and witnesses, wilt be deferred
to each of yaw. tin Monday, the 9d of February, you will he
called no to plead. If yon are now pressured with Attorney
and Counsel, name them to the Court, and they will be ap-
pointed to you ; if not, they will be appointed at any time in
the interval, by applying to the Jedge at chambers.
The Prisoners all expressed a wish to consult their
friends before they named any person. They then
retired from the bar in the custody of Mr. Ives, and
the Court adjourned to Monday, the 3d of February.

On Thursday eveaing, about half-past seven o'clock, a stout
man knocked at the door of Mr. Sydney's house, is Percy-
greet, Tottenbara-court-road. The servant and Mr. Sydney
who thancellowtah:l=l, Vhistniatiuwiehatate ad fttifcd
-
in, sad losolatly dieting the door, dragged the Lady into the
leek parlour, and presented a pistol or large knife to her bead,
bat her terror soigrost she could net tell which, sod be,
with the most wan_
imprecations and threats, demanded to
know where the matey or valuable articles were in the house,
The Lady, In great agitation, intreated Mm to spare her life,
and take what property be how. On the assurance that be
was not be interrupted in his carrying of the property, be
ed to pack up what he dewed was the most valu..able.
tr:chei:dgoing to the opposite side of the room, to where the
Lady was, and stooping down to get at a think whica was uo-
der astable, the Lady took advantage of his position, ran to the
street-door, threw it open, screamed. and gave an alarm of
thieves, which brought several persons to her. The robber, of
course, knew there was no chance of his escaping by the street,
ran op stairs to the front garret, and, forcing down an iron bar
from the window, got on the roof of the house. A person was
sent to Marlhomugh-street Office, and Cragg and Marsden,
two of the Officers, immediately came to the spot, and, with
lighted flambeau:, searched the roofs of several houses from
the top to the bottom of the street, but were not able to dud'
the robber.
A curious and hazardous performance took place at Dover,
on the 24th ult. for a trifling weer. by 3 entlenian of the neigh- .
bourhood, There is a shaft evea% red in !lover. from gnarmate-
street to the heights, comprising 110 steps, nearly perpendicular,
and much resembling those in the Monument of London ; the
gentleman's servant first led his master's horse up to the steps of
the shaft, and to the astonishment of every person who followed
him he then led the animal to the bottom ; after this the gentle-
man mounted, and arrived safe at the top of the shaft, in nearly a
trot, by which he won the wager.
Mr. Melton, of Gamshall, aged N. ailed on the Id instant, near
Buckdrn, hunts. On his death-bed, he is mid to have expressed
a wish that a favourite daughter, about 7 wears of age, should
eater eternity with him. Although then apparently well, aw-
ful to relate, the day after her failer's decease she breathed bee
last ! They were both interred at the same time in one grave.
On Thumilay last, at Lynn, Mr. Lym Taylor. His death was
occasioned by smoking a pipe. Some person in company, for a
joke, put some gun-powder in the tobacco he was using; it of
course exploded, and caused the fragments of the tobacco-pipe to
enter ifs- roof of hi/ mouth. Instant death ensiled ! lie has lett
tair.mm children to lament his lose.