The Statesman.
London, England, 1823-06-04 00:00:00

* The pi thitinsinere hid on the table: •
The second reading of the Hill for the Sale of Genie,
watirottponed to ThorsdaKnext- ' - "
• . • CASH OF DORICHIVICII.
Iffr: A RERCILOM BY, in rising to bring the ease of
Menai Bortheirk under the attention of the House, vit.
,presi,edhis natiefactioe that the rime was arrived, when
beemild redeem his pledge. and gratify the impatience
of tbe-Learned fArd. the- Lord Advocate. For his part
be entertains! the falkst confidence in the strength. of
She case. lie had been sogoatled—oaltrosnlatral .so in-
dustriously throughout Scotland, that he- felt be world
'reopen to sumatenoneort %worst kind, if he shrink
from bringing forward% iilidellon. He owed no aph-
los/ therefore to the ed Lord, forthus netting
on his defence. it wee however necessary to espial*
why he bid come forwiard at so late a period. hr the
last Session he bad brought forward a potion connected
With this an,hject, when he was defeated by a snejorit7 ;
but even then it was admitted: Ilia there was a case
Made oat for inquiry. He had moved for paperi from
*Joanna, which were sent to the 'Secretary of State's,
Office, bat were not laid on the table of the House.—
The consequence was that he was eldiged to defer the
'consideration of the case to the present Sessiont and
axed the 29th of April for bringing it forward.—How-
ever, in consequence of the pressure of lousiness, he
Was unablcto bring the question before the House until
alas pfesent tirne.• lie malted first of all to .state, that
kt would bring forward nothing which was not to be'
fonad in the papers before the House. The House need
mat be reminded that the Lord Advocate had the rover
bring to trial•whomsoever hi pleased. The Learned
ttitid was vested with eztreortlinary powers, foe-the es.
erase o which he was responsible to Parlianient.---,The
case w,I th he was about 'to bring under tile attention
Of Pact Anent-wee shortly titbit—lt appearmithat Borth;
wickles it partner *of a .person named Alexander, ante
that tilt), set up a paper called the ClydedaleVyarrnal
'Of this paper only one nntuber was printed, when the
Pirtpers agreed to print another paper called the Glee-
gol Seigincl. Shortly after this paiter commenced, the
partiit ceilaterte-1. to as Aissolittieu- of partnership, and
intiltOlcartied that Alexander should retain the pro-
petit by pifying•to Borthwirk 201. and giving three
hillllWitti timid security let 301: midi, at three, six, and
dine months.' Alexander paid the 20/. and gave the
Arat bill without any secnrity. The consequence was,
that Borthwick raiwd an action before the Magistrates
ot (Hugon' 14ont the 0 pf December. The case was
sc .
diussed et great leng!).o. On the 14th of February fol-
lowing, the Magistrates decreed that Alexander should
perform his part of the stipulation,. or that Borthwick
should be put in possession of, the property. .Alex-
ander did not perform what he agreed to do, and the
alternative of course was to take effect. Was the House
there to be prevailed on to believe that in taking pus-
session of his property, .by virtue of the decree of the
Magistrates, this person was eo.nmitting a felony ?
Alexander himself had *set the question at rest by his
affidavit, in which he admitted that the property was in
Borthwick. Even had there been no proceeding before
the Magistrates of lilasgow he would have wondered
how it could he contended that the propery altsgrd to
have been stolen was the property of Alexander. If the
Magistrates even were serdng; it was n.) fault. of Borth-
wick, nor could he be said to be guilty of a felony, since
the liweedon constituted the golly. The decision I)...ing
iiiarlebi.the -14th February, -Beraek-It was enabled to
to salad like possession of the proper:yin six days. The
'sit days were expired, bat 'Borthwick did not take pos.
, seisiOn. But -..s.uething material did take place iu the
;Mean time. The agents of Borthwick wrote to the
agents of Alexander to the following effect : --"-Gootle-
men, as Mr. B. has corme dowo from Hamilton to.ulay
for the express• purpose of receiving the bills, withae-
(irily, from Mr. Alexander, and executed the assigna-
tion et corrected by Mr. Told with me yesterday, and
as he now waits for that purpose, I world-be obliged by
your stating whether Mr. Alexander is prepared fur the
arrangement. Mr. Todd promised to turntsh me with,
tbe name of the proposed securities this forenoon. .15th
less the settlement is effected, Mr. Borthwick must of
tours take the alternative of resuming possessio..'t
Herr, therefore was sufficient notice oa the part of
Borthwick, and the answer on the part of Alexander
was, that he hoped time would be given nntil the Satur-
day following. So far, therefore, nobody disputed that
Borthwick had the right to take sot ession, in case the
teems were not complied with 'by Alexander. It appear-
ed that on the let of March Borthwick- took possession
of the property. He went to the place in the
' morning, and took possession. If Alexander
thought that he was acting wrong, he should have
taken the opportunity of disputing the posseision at the
time ; but instead of doing so, he went to liatu:lton,
and procured that Borthwiek should be arrested.tor debt.
Borthwick wcs apprehended and pot its Blaszow gaol,
where be remained from the 2ii to theldth of March,
'and was then liberated. On the 11th he \sent again to
resume possession, with two attorneys. At right o'clock
In the morning be proceeded ,to take possession in the
wpen-day, and in present:lei:4f .two witnesses. In the
desks of which be had keys, he found the locks Lad
been altered ; and in the meet open manner he sent for
a smith to force open those places. Was this the act of
a man who was about to be guilty of a theft? Would
any man say that there was the least appearance of such
a character without this transaction. • Further it ap-
peared, that Borthwick applied to the magistrates, com-
plaining that he had been obstructed in endesrouring to
regain possession of his property.—He stated this, in
order to show that he acted by advice. The next (la.:,
however, Alexanti..r applied to the magistrates. Time
case was heard at length. and the judgment of the Ma-
gistrates was, that Burtitivick be discharged, and even
without hail.
. Lord BINNING wished the lion. Gentlenan to refer to
the place wtere the fact of Borthwiek's discharge was men-
tioned.
Mr. ABERCROMBY sal I, that the fact was not stated In
the returns. But it was a well knoivn circumstance ;.he as-
serted it: did the Noble Lord deny Vt. Let it be shown that
Borthwick was not discharged, or not discharged without
bail. .
Lord BINNING.—The Hon. Member ought to produei
the discharge. - -
Mr. ABERCROMBY said he did not expect to be met by
such objections: lie thought it enough, that a rain, who was
summoned on a charge before a body of Magistrates, should.
after a full hearing of thecase,be suffered to go at large. There,
,was no doubt of the fact, that Borthwick proceeded'
immediately to Edinburgh, and was in Dundee in the April:
following. uie the Mit of March, all these proceedings.
were. laid Wore Mr. liOpe. He should not comment on else
papers laid before Alt. Wipe. All that was materiel for
hits to know wits that Mr. Hope was in possession of rill that
- took place before the Magistrates. The Lord, who
was acqoalnted with all mat Mr. Hope had done, was re-
duced to this siteriutive, either tie meet have seen the whole
of the proceedings; end thence Kermit that Borthwick was
a proper person to he prosecuted„!oc, he had not been ac-
quainted with all those proceedings, and entered upon the
prosecution in a state of ignorance as ti several most mate-
rials facts. to either cast., it was impossible to defend the
conduct of the Lord Advocate. Upon the papers laid before I
him, Mr. Hope gave nil opinion, which conclude.l thus:—
" And whether toe case ii one which is eat peteat before a
criminet 4;4:mart, or to 'be tried at the public instance, are
p..ints which cannot be well understood, unt 1 the precogni-
tion is completed. If the precognition points at other per-.
-seas wan Ittirtliwiek-, as haviag carried away the papers, of
:coarse the charge is• more repitsant." Before this opinion
was delivered it was quite evident that Mr.. Hope.was in
possesaiou of the principal facts. Slow-it was possible
that the charge• against Borthwick could have been aggra-
vile by other .persons being implicated in the alleged

•••e yr ....NO •
YU WILFIIOIO4IIIrUCC inure or a precoe-
nitionlaken at Glasgow, at the instance of a private party,
, with eoneoerse of the proenretor fiscal, against a party of
die name of Borthwick, which has been sent to me to read,
brg that you will intimate to Mr. Biresoa, the procurator •
, fiscal at. Gisagoe,..that it is the iutandialust.gessimt....t.thel.
Crown Counsel, to take up the rase at the potato lustafee,
and to direct 'them to proceed in completing the ievesticat
Linn. without delay. and immediately to•petaaadirreatery
the papers at Glasgow, in presanee efthemitnesses. Borth-
wick must be sent for, in each a way Zas to present hie
escape and to hold Jim to bail." -IN s posiseript 'wadded,
.• I•wish not a moment lost, in order that the case be Je time'
fee the Circuit.", The question was, what were the muter'? t
facts in the second papers that induced all this urgency,
which WV& not contained in the first papers / Though t!:r+
business was is appearance conducted by Mr. Hope, yet'
the Learned Lord was really and justly responsible; be-
cause he had the appointment of the Advocate's Depute.
It was certain, at all events, that the Lord Advoe ite
took a part a this affair from the bth of April.--
r When hp showed that the Learned Lord was cognizant
of all that happened after the Mir of April, he thoer,t,
that he was justified in codling upon the House to consia.r
him as the only responsible person, though be aim ttr•t
that Mr. Hope had• acknowledged and acted manfully Irs
doing so, that he had probeeded at his own risk, and in-
dependently of the Lord Advocate, anti that by it he was
ready to stand or fall ; but, at present, he contended dirt t
tire Lord Advocate was the eoly pereenwho could appeer
before the House as the responsible agent. On the bth of
April, then, it appeared that the Lord Adv.cate had know*
*hat had occurred, and that it was the int.oltioa of Mr.
Hope to taireop the business. On the lit of April an ap-
plication was made for a warranttonrrest Itorthaick, which
was granted, and he was afterwards arrested at Oun fee. it
laming been communicated to the Lord advoette that he, '
wasaboat to proceed to that place; bin how the Lord A I.
vacate obtained 'this information was not stet-4 in the
curnenteon.the table, and he should be cad 'Si know wtin*-
his infurrosals.wert. because, If they mime forward. he caul& • .
prove to them that it was the intmiion of it arthw ick to pro.
ceed to America. However, in the papers toe person ars-: •
Attired responlible for this inforinat ion. On the 31.0 f AprA,
11) was arrorated,, aid:treated with an extraordinary degxero
o's.vet'lty. Iletnre pat in irons, and acloinpanied by ixr.
sons with pistoli,, as ,if he had been guilty of the most
heinous crime. There was sot one of the facts he stated last

year which bad not bean admitted even by the persomi.
rg4lust whom titecharges were tuadee end the only nitrifies- •-•-•
wages to the degret3 of
,goilt wbielt was to he attached t. •
diem. On the 3d then Borthwick was arrtsteet, an.! on ikw
4th he was committed to Edinburgh gaol, Now, k 3ppenr—,. •
ed that. before Abe warrant of arrest was grantee!, Roils-.
wick told the agents of the Crown that he was ryady to
render if be would be afterwards set a:liberty, which ViZAr
refused, and he was accordingly 'meted. However, he
then applied to be released on the tender of bail, wide', wtes
not acceded to by Mr. Hive. And now let the llos,e.
bear in mini the character of the offence which wet met by
this treatment—an offence upon which the most subtle ince-
fully could not put the .most remotely constructive act 91
felony, and yet.for such an offence this iodivillual was cam; ,
mined to prison, and was refused to be liberated on bail,,
If he bad been guilty of murder, or the greatest
fence which man could be guilty, what mere amid beets.,
been done to him, than he had suffered for thokoffeeeg
with which he was charge.'. norttiuletc having beef*
in gaol and so treated, the day of trial was ixe;l ft.r
the etth of April. three weeks after it appeared. the...,
Learned Lord had been made semeninted with siteproceel- •
logs which had taken place.. aid then on that day Mr.
Hope said that he would desert the, thet pro, loco et. to.
pure, that is, to postpone it a!,pleasercz 111(1 he Oki .4-t-
-that be would let him ant on fili4ll.lmbil, but this Bottler.: •
-wick's Counsel would not advise to accept, because •
he could only take advantage:of it by running net hie •
letters, by which he conlJ out gaze m:011, and in this •
•Judge Aleadowbank agreed. Then, en the. 2fth Ibf.•
April. B.wtleiricit a as recommitted, ar t:ie iiwance of the''
Lord Advocate, Ile would now come to the -most int,
' portent ility,the 4th of May,on.which most unman antalsior
proceedings took place. la a letter strt'en by 11tr,. Mee, •
and addressed to him, it was stated that Mr. Alexander's
agents, cu the 4th of May, bad intimated to the agents of
the Crown their intention to prosecute Borthwick, it tbe-
instance of Mr. Alexander, and fro:n that torment it be-.;•
cute a prosecution at the snit of a private individual; and
was no linger noder the control or guidanreOf theCroivii...- • .
This, however, he begged to state, was net quite ecru. •
rate. Then it appeared, according to, this' tistornent,
that on the 4th of May, the Crow* had abandoned all in-
tention to proceed against BorthwiCk, and that Mr:
Alexander's agent had apprised the agents of the Crotea•
that they would proceed against him. It was a little re-
markable that the Lord Advocate should hive knows, •
the intention of Mr. Alexander not to. prosecute, 9n tSw
4th of May, and yet that no reply n'as. gives till the.
6th. The following is M. Neveies letter, agent Tor Mr.
Alexatitler,.to.the C:uwu agent:—" I aims now desired
•by my client, Mr. Alexander; to apply to you for th'e •
purpose of being informed whether it is theantentioa of
the Lord Advocate to bring' Bortitst rt:IC to trial at •
own instance, as, should he not •Aa so, Mr. Alex .
wishes to indict him at his own instance, without any
lay. I have further to request that yon would, as eat ly•
convenient, furnish me it•itli the precozni:isnalretely had.,
that I may lay it before Cotutiel." Mr. ltollan.l.tb•
Crown agent, replied as follow., on the 6th of
" I received your.s of the 4th, and, as- it is not the 10-
tention of his Majesty'j advocate to bring- Wilhelm Mare
ray Borthwick to trial, I send you, as agent for Ituhert • •
Alexander, precognition taken at Glasgow sad Edits.'
burgh, at his instance, with the Minotes-and* petitions*
and those productions which fornsed.no part of the" pro- ,
ductieis: in theJnsticiatT.Cettrt."—Thus it appeared that
the Lord Advocate had, on the 4th of May, abandoned
all proceedings ; and having come to that deteritainatiaq .
why did he omit directing Borthwick to be immediately •
discharged. No, so far from this, he was kept in prison
from that day to the 4th of June, till he haul ran uut hii
letters. and then he applied to be discharged as at the ill- •,‘.
stance of the Lord Advocate, but was again cominived on .•':
the same day, at the instance of Alexander—(hear, lieu)
—and in these committals lie begged the House to CUP

siderthere was • material difference as affecting Bort!i-
wick,. because the ford Advocate was responsible only to
the Noose, and if Borthwick brought an action of &-
usages foe false imprisonment, be could nut have
brought k for any confinement be underwent peril, •
ous to the 4th of June, the day on which he was
-committed at the instance of Alexander. On the
With of May Borthwick .was served ujtb notice of tri-
al at the instance of Alexander, and on the stole
day Ms Stuart • was served with notice of List.
This he mentioned to show that a sort of sympathy was ob-
served In the proceedings of both these trials. They were
perfectly silent up to the 25th of May, and as if suddenly
smittel witty the deibire of proseeuting, they served notices
00 these two parties, at the same time. Front the 4th of
Jens to the lath, Borthwick was confined at the instance of
Alexander. Ott the 10th Mr. Stuart was tried and ac-
quitted, and iu less than forty-eight hours after Borthwick
tees discharged. without soy trial or any opportunity being
. given hint of proving his innocence alter so long a confine-
ment.—(Hear, hear.) These facts were netessary to show
the retht,inn and connection which elistott between the trials
of Borthwick and Mr. Stuart, and that in the case of.
-Borth% lett every thing was done to prejudice Me trial of .
Stuart-. • Tne coincidence was so strong that the Leaned
Lord mast have bden singularly unfortunate Willey °teem!'
without his knowledge. if •Bortbwick could be tons Inpri-
sone.t and released at pleasure Without trial, there was so
;conger a;.y security for personal liberty in Scot, iiid. There
wree many Member.' who took an active part in the pra-
t..tiling+ which grew out of the riots lit the theatre in DA-
, in, believing that oppression had been exercised agMait
the parties ancuaed. aud.yet could tht it ease, even • ith the
most aggravated circumstances, beat alt compared with the
I,utferings of ilortlivrick ? Ile therefore hoped that those
Members whonwera atisipas for the enjoyment of personal
liberty In Irelartd,vrivuld now show their sincerity by extend
log it to fizotland, If-these should pa's 3 over without ca.-