The Statesman.
London, England, 1810-10-19 00:00:00

'mi STATIESAIKIk.I..

SIR F. RC ?It; SPE,AKE,R.
As theamit now at issue between these parser-
ages mast speedily be brought before a Jury of the
'Country, in Westminstor-hall, and as the points to
be discussed. are not, weJy of great import to the
partira immediately injprested, but also of great
pupie tn 4 gonstitatiOnsl magnitude ; and as it has
therefore been deemed' liit the Judges entitled to the
most solemn ittrestigaiitin that a Conte of Cummun
loan call inskunte, namely, that of
.9. • • TRIAL AT BAR,

Wevensidee it a duty, at this crisis, to give the 11
Public $ ibamnuiry detail- of the nature and practice
of the prodeeiliiia in that mode of process.
Lii early tiosesnil trifling suits were tried in, the
lower Cut" such as Courts. Baron, County
Consts)and the like ; but in matters of consequence,
where sedum were brought in the superior Courts,
the trials there were all had at the bar of the Court
where such actions were commenced. But in pro.
eels of time this fell, into disuse, ,because the num-
ber of cases litigated increased so much, that it be-
came an intolerable burthen to suitors to be corn-
petir4 to bring witnesses and jurors from distant
harts of the kingdom. So that, first, by the Sia. g
tu.te of 13th-•of Edward I. a power was given to
try all common causes iii• the County where the
cans, of action arose ;. and now, by virtue, of the
~Commissien of Nisi Prins, all such common causes
are tried both at the Assizes and at the Sittings at
London and Westminster.
A Trial at Bar can now only be obtained by
motion in, Court, made in Term time, and granted
upon affdavits, smiting the intricacy and import.
ance of the cause ; and if it be allowed, it must be
None, the condition that the Jurors must be special.
It can only be had in Term time, because the"
Court must ;it in full Bench, i. e. the four Jude;
of the Court mast be present. It is wholly in the
discretion of the Court to grant such trials, and
they are never allowed but in cases of the utmost
importance, because they are nut only extremely ex-
pensive to the parties, but they are also productive
of great hindrance to the business of other Suitors;
sad it is not enough that the affidavits upon the ap.
plication for such mode of trial should merely say
generally that the cause is expected to be difficult,
but the particular difficulty must be set forth, as
was the feet in the case of Rex v. the Burgesses of
Carmarthen, Says 79.
There are instances where the Court allowed
Trials at Bar without an affidavit, but that has been
hele either a judge of the Court, or* Master in
Chancery, had been a party to the suit. See Mei.-
, ton v. Hopkins, I Sid. 407.
In granting this mode of trial, the Court is em.
powered to impose upon the respective parties what
terms they please, particularly on the party ap.
plying, as that he shall receive only Nisi Pries, or
Bar costs, as they may deem expedient.—Hultues e 4
flown, Doug. 4Z6. It cannot be in an issu ible
Term, uilit.bs the Crown be interested. See Denn
v. Lord Cadogan, and others, Burr 273. and the
Corporation of 1400 don v. Lynn, 1 C. 8,. T. R. W 6..

But if the Action be laid in London, the cause I
cannot be tried at Barg' because of the charter of
Loudon, which ezempts'its eitirtens, from serving as
Jurors out of the city._ /5a1.644, and gtr. 356,
unless the citizens waiye their piiviliges (which they I
may), and then trial may be had. See Locker v.
the Last Indin- Company, 2d Wilson 136. It is
always moved in Onis Term, to be tried the licit.
Cook's Rep. 68. Nor is it ever granted until issue
be joined, because it would be infraAgnitatem to
grant it, until they previously knew whether the
issee.joined would be a matter of difficulty or not.
see the case of the Borough of Christchurch, Strange
696. Except in cases of ejectment, because there,
as issue is seldom joined till the term is over, it
would, in general, be too late to apply for such trial
after it is jointed.—Anon. Scg. 155.
..When the Court allows a Trial at Bar, they al.
ways4x a dayfor it, previous to which the Plain.
tiff must give 15 days notice to the .Defendant of
prosecuting his; cause, otherwise he loses his Trial
at Bar, but he may countermand it ; which, if he
dues, it cannot again be brought on, unless the
Court will appoint a day, for which the Plaintiff
must make application. But it is to be understood,
that a second motion or rule cannot be had between
the same parties in the same Term, Csutillar v,
Lord Montgomery, Fitzgibbon 267.
In summoning the jurors, six days notice at least
must he giyen to them, otherwise the trial mey be
put off. Rex v. Owen, Say 30. And in 1111. 6
Ann, in the Common pleas, it was held that the.
Plaintiff's Attorney must, before essoin day of the
Term in which the cause is to be tried, give latice.to
the Chief Prothonotary, or to his Secondary, o( the,
day whereon it is to be tried, that it may be set
down in the Court Book, otherwise, withoni the
special direction of the court, it ceout4katried. .
There have been instances yren; the Conti allowepl
the Trial to proceed, although all thelerarS sitm
monad did not attend, the Plaintiff praying it tales.
But that Wu when the ensuing Term wax atllistaablte
Term, when Trials at Bar could not be had.; and*
the cue of Dews v. Cadogan, Burr 273. (before
recited) the court ordered a teles„ to save the pertlei
expense $ and although this was on the .Saturday,
they ordered it to be reternablo On. the Monday
following, which is the only iestaqce of the like
upon record.
New trials m4y be potted after Trials at Bari
as well as after Trials at 4NiSj ?dip. Bright p. 4e.
non, Burr 395.
In all mes of Trial at Bar, the Judges of the
.Ceurt where the trial is had must Lave copies of the
iSSIICS delivered to them four days at least before the
day appointed for such trial.—Rule Mich. $ Geo.

Llamas T ATRE.—Nr. COLMAN'S popular,
If
Comedy' of `n Bull. was performed at this
J i
Theatre yester evening. The main point of no.,
Telt), in this . rams was the appearance of Mr.
Lorennoye, in the character of Job Thornberry.
It was, in many respects, a good piece of acting,
but it was not precisely the character drawn by the
Author. Mr. LOVEGROVE played the early scene
too much in anger' and too little in eorrove. This
was the defect of his Job Thornberry. In other
respects, it was accurately conceived, and played
Lwlth much force.

.

....

I

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-• 110.1:ICE:. .
• •
MEARLEpII.OVGII:-STR FAT.
Esc!ee OF ITOILERMS.—Darriek AVis was biought up yest-
nterdotio7 tot ththise°clffitartlernor balkultagNeawldedpraisoadn•
ofTßl.ohert.Ressoheirrtj lissinirst:diritn"tudheeelscultnititi.
s;notenterethinto at any lengths the Prisoner
baying mere • been brought tot pro firma for cummitsnent fftr
...-e-Inki%l4
Ittriloalus.lyQtaithlisefinalrl"icaemrmbiinteingatillithecel'retvahlaaitaehe
tl sihlet.l4lll4lsupreale.
kind of mdfake, Taylifhiewit,dothbenesritmths,avnaindong-l‘itlnelliceallsithtni.etaideriele:sf
iplnffitst!lirtniarbteellkr.
turnkey, who eliscdatspecroi
wilefreranytrbst-boeutgilitutiuepile 11‘1‘ras,. Czt
tiv.wAeliernytearyuloiedr and Roberts,evience
tbraught up by [Libras Corpes, he belt% a Prisoner' int colp.
bath Fields, in execution. Vincent was amt examined, as the
Magistrate had sufficient evidence hefure him to. commit. The'
Pririfier was ,committed to NeegialAo Like his trial at the
npxt Old Bailey Sessions.
1 •
UN jON-IIA,LL. • -.
.. .
Janus Pfeekt, the person in custody op susgiciett of having
been concerned in procuring the key for Robeits by meam- isf
which he escaped, was agaiu brought up, mid uerierwent a pri,
vane eltiuninatinn.
Mr., Bs Ran w attended op his behalf, and contended that
Win: Fancied having been, laity committed,-there was,an
cinisuizeger inn
custody,
Bykr,iho,,,Tandioiultkknesaa.rtt;Vidfcneuitdoetitedihhiiecowstooeturxl;bdientadp.nororertipownstulaht.ialtittiops,wits.tethnveandiesingouttletihubt.atwoiwvnedbei;
done would he to hold him ta bail, to came forward unit give
ealaTidtleiittedwel'aPltoGballijs*Thilt, l.- --• -,f- •,•:
'each.
Cooper and Broadleaf, the other two, were,tilichaige4, MC
further evidence being produced against them,
It appears that during the finakeeamleatioti of Winr Fplisar4-
before the Lord Mayor, at the Mansion-Howe. on WedneallaY,
last, a key, which was found by a boy ceenzakd • eild„ ee..1194111.;
inibhish near the prisOn; was produced,, andimmediately rte-'
. cognized by .fleowdbent, as being the key which 'Meade by
order of Brdoks—and Brooks also recolleeted.that it was the
•key which he had received. from Broalbeet and delivered
over to Yolkard.
MANSION-ROUSE w-- - -
Fit AUDI{ IN Tale CrisecaMS.--./sanc COW, a person in the
maple.% ment of the Custom-house, "Was brOught before the
Lord-Mayor, charged with forging certain tich.ets, commeted
with voids, on the exporting of whirls drawbicias were al-`
lowed at the (:ustom-house. .
The SoLteszoit for the Board of Customs stated the charge
to be oae.of a very serious nature, inasmuch as °meth 'the
emoluthent derived by the Prisoner (nestle stogie trimmers-
sion now sought to be proved against him was milli's:, yet the
frauds practised on the Public, tor wise:years, by persons la,
the situation of the Prisoner, amounted* to more than 100,0001.
The practice wps, when goods were to be exported,- ats which 0,
drawback was payable, or the exporter to lodge a schedule
containing an enuineretion of the various articles, their descrip-
tion, Btc. and the tame of the ship in which they were to be
exporied, at the Custotd-house. The duty of the Searcher
was to examine and check this schedule with the goods so,
lodged for exportation, and hiving duce so, to deliver„theta
over to the Pinzza-man, as he is called, in whose custody the
goods auto remain till they 'we've on beard tile stew', where
they again pass through the hands of the Tide-waiter, who sees
that they correspond with the articles in the original seidttle.
Thei Tide-waiter then gives to the Piazza man a certificate,
specifying the goods delivered over to him, which he autheuti-
cates by his siguatere ; this is again atathentieated by. the itn-
tints of the Searcher, and on production of this certificate at an
office in the Custom Hon,e, the Piazza-man is entitled to re-
ceive payment at the rate of ls. 6d. for every day, and 2s. ful.
for every. night during which the goods specified in the certifi-
cate have remained in his hands. the charge against the Pri-
soner was, that he had forged the initials of'Stephen David. the
Searcher, '
and the mune. of Thomas Troward, the Custom-
house Officer, to it certificate relating to fifty hales of goods,
stated to be delivered onboard a vessel for exportation, the
h said geody a
ving no existence in fact, but that in consequence
of this certifipte the Prisoner had received the suns of lbs. •
Thee falsity of the Certificate. was proved by David and
Trovvrd. .
Mr. ALLEY, for the Prismter, contended that the offence as
charged, only amounted to a fraud, or receiving the 18i. under
false pi etences. As such,. he contended, the Prisoner was en-
titled to be admitted tio bail.
The Loan' MAYOR ordered the Prisoner to be committed
to fake his trial for the fraud.
' Four other persons to the same capacity, were charged with
similar ()Weise% - - ,
BOWISTREET. •
FnEtIcTI PRiaortElli.—Mr. Adam, of the Tnusport Office,
Lately received privite information that three French Officers. on
their parole at Litchfield, were Atom to make their escape ; and
were to be assisted by an Eaglishman. The information was so
very particular, that it even mentioned the house they were
to come to in London, and the time they were expected to
arrive, which was last Monday night; at which time Mr.
Adam, attended by Wood, the Messenger, belonging to the
Alien Office, and several Police Officers, went to a !louse fa
Lemon-street, Ginodman's- fields,• the dense described io the
information, where Ml'. Adam, and Wood, the Memeeger,
gained admittance, leaving the• Police Officers, on the out-
side, with instructions not to stiffer any person to escape
who Mlle out at the house. Mr. 444 m, lied Wood, the bless
!roger, remained an the house some tone, ccuirersing with the
landlord, under a pretence' of his procuring *them a passage
to Ostend. After some tlme, they heard some voices in on
yerAtion, in an adloiding room, and they had ne doubt but
they were foreigners,' Out could not dislieguisb• what they
said. 'About this time a man went 'out of the house, who
proved to be the Fiedchmeres guide ; but as soon us, he got
outside of the door, observing the Police Officers iva a* about,
In the front of the house, he suspetted they were discoiered,
awl instantly 'returned into the house, gave the Frenchmen to
understand his suspicious, and they all instantly rusteed ont
of the hquse, and were then seized by the PollLe Officers at
the door. They were• taken before Mr. Adam, and intern
gated. The Frenchmen proved to be Colonel Boma, Li. tit.-
ColOnel Weikel, and Lieutenant Mervin. Tue_AE2feshino,
mid his name was Henry Proctor ; and acknqwl.that he
had assisted the Officers in their escape' Own Litchfield. Mr.
Adam cautioned him against criniinating himself, and informed
bins of the heavy punishment that awaited him, in case of his
being found guilty of assisting prisopeis of Wrtf to make
their escape ; Proctor, however, persisted in giving .- an ace
coot of his conduct, Which be did lit the most candid .manner,
He stated that he wept to France very young, for his education,
and married there a relation of 'One of thi Odicers I they •were
retitle pritoifers, and remained maned for a considerable time,
lie spade bis escape to his dative cestaire, by the assistance of
-ppe of the Officers, and had pledged himself oe his arrival in.
',Esiglruid, to Me every endeavour in his - power, in return, to
erect the escape of his friend's brother, in this coqatry, and
procure his reignite Freoce ; and he had found himself bound
,#o. pursue this voudect, by every tie of honour and tliendship.
.2....11 searching him 4SI. in -Beak Notes were timed, whieb be.
to the,QffiCers andsetne papeis which corroborated [hit'
Wions that they Rad cosine from Litchfield. • They.were all
secured, and taken to Tothill-fields Bridewell ; and on Wed.
net..layttfietneen they worefallyetansiaed before Ik. 'teed, et
Bow street, whet; a: post-boy who drove thetu. and..seyerel
other witnesses, wete productryto prove their --coming Irob'
Litchfield together, and the+ Proctdr was the managing man.
'They wares ll remanded to othill-gelds Bridewell. The Of-
Iters are to, be sent oil Want the prison-ship It Chanute) I.sad
•*inept* will be tried for assisting limn in.theu esciipv.
_ •

Mr. 10.11;45Tpis is now lecturing upon that hi;
terestiug topic? lid. $/iltCgs pi
lislt. -

..

n Saturday 2 a small parcel, containing Bowls.,
notes to the amount of t QOl. was seat by Mr,,
greenwood, of Reading, by one of the, conchae of
that town. 4fter the arrival of the Coach`lo
don, the parcel, in being conveyed to the city; vast'
unfortunately lost. On the discovery of which,
Mr. Moody, ono of the proprietors, voluntarily,
and in the most handsome !panne!, ,offered to pay
the whole of the loss tq the owner, contrary to the
practice of coach proprietors. The parcel, bow.
ever, was foqqd by an honest boy, Who restored It
to the owner ; and Mr. Moody rewarded him Tarr
,liberally milli
,01. ti
Two unfortunate Cyprians are reported to bare
been washed off Mullet Edgcumhe Rocks, anel
drowned, on Sunday evening. They were on
board one of the Men of war, when, for some im-
proper conduct, a boat- was ordered to Sake jhetn
on shore; but shortly after kering then) on ill
rocks, a sea wattled them WO) olrt aced doomed tlsolsa
to is vtafrY licark-, • ••