The Statesman.
London, England, 1822-04-15 00:00:00

i toes; had P—rev—ietuely boss at lit. laidifey'starldhlf 1
Jail, and remsesting Mr. Morrow weeld set proceed to
arrest Mrs Wilda'. -Mr. Msetsp4seit Mr Was AIM.
Mr. Wardell was a gmstlmaas, and he e.eidaisly *veld
slot anderbins.-- lildl wesetteretardspatiA. ends sees-
ciatios w
as entered into. by which is was UMW dual
Mr. Wardellslissaid suffer judgment to by.default,i
and enter into recognisance for two year rid that Mr.l
Waidell should pay the costs. Witness halt ways; row&
dered the costs were to be paid s and had tiskPMr. Wardell'
so before costs were ever mentioned by Matadi. Witnm
considered that Mr. Wardell was asking a letrostr, and
that it was a desirable thing for him to avel! public
discussion, and, therefore, as a matter of COG that the
costs were to be paid. The costs on the teXproseess-
floe* weres7l. Witoess mentioned a bill, butcPli:Mmt
ray said a pressure of business bad prevented Ms having
it copied oat. The money was paid whits/Wetly bill
being asked for.
Thomas Dolby is a bookseller, went with Mr.prettlio'
fold to Mr. Murray's several times. The object Itff• the
prosecution was to prevent the publicition issued emery
fortnight, called the Passquin' of which .he was the
publisher. Mr. Murray wanted the name of the antlint
of a oopy of verses, and witness said be cm .end
wonlJ, give up the author's name, epos which 11r. M,
said he would stay the proceedings, sad contu t the
committee, and appoint another meeting/'that at that
sueldiag be found he could sot learn the writer's mum,
but that be would give op the names of the editor sod
proprietor, which Mr. 11. said would not do, as, he-leant-
csi the author's name: another meeting was appointed,
and themme subject was renewed. Mr. Murray took a
piper from a drahrer, wrote conditions upon it which
whales handed to his solicitor, who,after reading it, re-
turned it to Mr. M.
Mr. Netilefold was here asked if Mr. Marray bad
draWn terms upon a paper written at the time, and an-
swered in the affirmative.
Mr. Dolby's examination eontinued.--The con-
ditions upon which the proceedings were to be
stopped were them, viz: to plead guilty, to'
give up the entire stock of publications affirmed upon
affidavit, to express his contrition in terms that Mr. Mar-
ray might dictate, to enter into recognitances,not to sell
any offensive publications which the society might deem
so for two years. Upon hearing these terms witness re-
marked they were extremely severe, and would require
sonic time to consider whether or not he could agree to
them. Witness mentioned that lie sold Cuhbrtt's Register
and wished to know whether the committee deemed that
publication offensive or not; to which Mr. Murray could
not undertake to answer, but he must not sell works that
were seditious; hut suddenly a gentleman popped his
head in at the door end Mr. Al. went with bins into an-
other room, and ou his return he suddenly broke off the
conversation and said that all trig now at an end.
Cross-cxamioed by Mr. TtstoiLL.—Tbe negociation
began at witness's own instance; does not recollect whe-
ther a book, called the Political Dictionary, was pub-
lished during the negociatioos or not.
- Mr. Nettlefohl is a solicitor, went with Mr. Dolby to
Mr. Murray, the subject was to negotiate respecting a
poem, published in the Passquin, to stay the proceed-
ings. Mr. Marray bad several conversations with wit-
ness upon the subject, but after ali matters were about
to be arranged, Mr. Jones, of the Crown-office, came
Into the room and all negociations were at an end. ' ,
John Lindsay Turner, is a printer, saw Mr. Murray
in April, In', at the request of the late Alderman Roth--
urn. Mr. Murray stated the proceedings would be con-
tinned unless soignee, agreed to give un the seditious
papers, stated the expenses were about 25/. ; witness was
taken by a tipstalf of the King's Bench and confined one
night in a lock-up house, and afterwards (Witted to
Mt. Thelwall states tbat he 'lived at North Brixton,
county of Surrey ; the first Intimation witness had of an
indictment was from the Nett Times newspaper, in con-
sequence witness applied to his solicitor, Mr. Hayatiard.
who made application to Mr. Murray. Witness re-
turned late g ally on a Saturday evening to his
own house. the fact that- there was an indictment
pending against him was ascertained April 27,
1821, and Ise was taken into custody the first Mon-
day in May : when at his own house at dinner with his
family, a person appeared as c-ouing from tlibbins the ,
Officer, to a him, the bailiff accompanied him very ,
respectfully to his office in the Strand, having walked
Stith hint front Brisston: was then informed be could I
not be taken to the judge's chambers that evening; he ,
had his bail ready, viz.s Sir Richard Philipps And ,
Mr. Adams, but not being allowed to remain at i
home, he told the Bailiff he would accompany I
him wherever the officer pleased, and he was taken to a 1
lock-op house, and remained there all night; witness's
bail came in the morning, and they went to the Judge's ,
chambers about 5 o'clock expecting Mr. Murray. On 1
the day witness was arrested, n: Lice had been given
to Mr. Murray respecting bail the neirning of the same 1
day at ten o'clock, and at five o'clock witness, was ar-
rested
as already stated • witness mentioned the above
fact in the presence of Air. Murray, when before Mr. 1
Justice llolrovd, and it was not attempted to be contra- I
thee,. The Judge seemed disposed to have received .
the baily and censured Mr. Murray, considering the 48
hours needless, where substantial bail, as id this case, ,
was offered.
Examined copies of the indictments preferred against
Atkinson, Turner, and Wardell, were then produced.
One of these contained 58 folios, another 18 folios, and
tie last 19 folios and a word.
Mr. Harmer, the Solicitor, was then called.—He de-
posed that he had been much engaged in prosecutions io
the Criminal Courts, and was acquainted with the ex-
penses atteuding such proceedings. In the case of an
indictment of 53 folic's, preferred at the Sessions, and
removed by certiorari to the Superior Court, he thought
the expenses might be twenty pounds. In an indict-
ment under similar circumstances of from 17 to 18 folios,
the expense would be seven or eight pounds less; and in
an indictment of 19 foliosbetween the two. The charges
were according to the number of folios, and his estimate
included all the usual charges for the profit of the attor-
ney, Ilse. Supposing oo indictment -tad been brought,
but an affidavit had been tiled, a warrant issued, and an
arrest made, the expense would depend on the length of
the affidavit.—The expense, calculating upon the affi-
davit which was now handed to hint, would be about
five pounds.
In cross-examination he admitted that the costs might
be increased by circumstances: he spoke generally of
what his own charge would be, and lie thought the al-
lowance he had made would be liberal.
The case for the prosecution was bere closed.
Mr. GOO:EV then proceeded to address the Jury on
the part of the defendants. He would not consume their
time in discussing whether the law was wise or unwise
for private indivimials to have the power of prosecuting
public offences. Not only was it the law that single
individuals might do so, but that more individuals than
one might associate for that purpose; and, therefore,
the respectable Gentlemen who composed the Constitu-
tional Association were acting perfectly legal in forming
themselves into a society to put down a species of crime,'
which, in their judgment, prevailed to an alarming ex-
tent ; he was speaking of the circulation of blasphemous
publications. The Learned Counsel then proceeded to
shew, that there was nothing new in the formation of
such societies as that of which the present defendants
were members; and also to prove the advantageous re-
sults which bad attended their labours. He par-
ticularly instanced the Societe for the Suppression
of Vice, to the exertions of which was to be. ascribed

Arum
publicly elltren: thit alsopeirflidosis
tropolis, to the otter saltiveralon of mount)
after the moieties, a society had been feline.
reformation of public whiners, and history about
with similar instances. Having thus ,seenlilialted•
legality of these associations, it only remained to .
amine the grounds upoa which they were called "two
to convict the defeudentsolthr Mine imputed lib MIL
He yeah} first him the case of Atkisson, who pealed
what was called. "Carlite's New Yoir's Address Milli
Reformers." Did hie Learned Prised mean to say the
this was not an improper publication? In what way was
'the Society or Mr. );Murray to be benefittsd by this?
There was no question that the rands in the bands e(
die Society were stelae, and that Mr. liggrrAy might
look to them for remuneration foe his trouble. The
.avt, peal course was taken, the' defesdant had sought
el,. and upon his plealing poverty, the ass actually
expended baskbeea reduced to what even Mr. Harmer
liainot pretended to be too,darge. To contend that
till was an let of extortion was too preposterous to
require another I:Observation. The next case was that of
Mr.Wardell.Tro leilict Mints bad been preferred against
lion ; thestihed been remitved to the Cthien Office, and
-minsiderable expose's had been' ineutHa' The only
*non whose conduct could be iretjared was Mr.
Murray t and it was clear that his intereits would have
.been better promoted by carrying the prosecution into
Court. If, however, the charges were too high, they
were capable of being taxed I and Mr. Wardell had the
fell means of redress in his own power. With respect
to Mr. Turner, no money bad been received from Isis.
The case of Mr. Thelwall did 'not, In his opinion, at all
apply to the question at irsue; and the proothution
against Mr. Dolby was still pending. He took occasion
to animadvert on the conduct of kis Learned Friend
(Mr. Scarlett) in lending himself to the vindictive
spirit of the anonymous prosecutors, by Wog out 1
of the came and uttering slanderous observations re-
specting McJiharpeorliicis were utterly inapplicable to
the questionthefore the Court.
The Lotto Collo JvsTlca then proceeded, shortly, to
sum up the case to the Jury, and haring stated the na-
ture of the indictment, said, that as there was no evi-
dence against Mr. Clark, one of the defendants, he might
be altogether left out of their consideration. The arm
count alleged a conspiracy to indict for the publication
of certain pretended blasphemous and seditious libels;
they (the defendants) not being affected by the libels.
nor legally authorized to prosecute for the publication
of them. With respect to this part of the case, the lega-
lity or illegality of the Constitutional Association, they
were not now called upon to pronounce an opinion. It
bad been stated to them correctly by the Learned Coun-
sel for the prosecution, that the law of England differed
with respect to the prosecution of public offences from
that of other countries, where it was the duty of some
public officer to institute proceedings. /Sy the law of
England it was not so. There every person hail the
privilege of bringing an offender to the bar to answer
for the crimes be might have committed. That Was the
principle and the practice.- In the prow instance it was
not done by an individual, but by a number of persons
associated together for the purpose of burin the ex-
penses of prosecution themselves. Though the legality
or igegalitv of the Constitutional Association formed
no pert of the case on which they were to decide,sstill
knowing that the present trial was to be brooght for-
ward, he bad looked Into the authorities ea the subject.
He bad no hesitation in saying, that he saw no dictum
in any of the books, which afforded the least ground for
pronouncing such an association an unlawful one. it
was, therefore, his duty to tell the Jury that he consi-
dered it not to be illegal. lf, however, instead of carry-
an prosecutions for the oppression of crime, of btls-
and seditious pottheatioest they instituted
lorries of leaste•
rAtbeenseleteo,
or for the oppression of. iodieid " 'ln OP act -
were criminal.it was not mateetit. y whom the pre-
, sent charge was instituted against the defendants. It
had been acknowledged that be, or they who instituted
it, were unconnected with the parties immediately coo-
eerned as prospectors. The third count charged the
defendants MO instituting prosecutions for the purpose
of extorting goods, chattels and money. if the Jury
were satisfied trots the evidence that such had been the
case, they ought to convict them. The fourth count
charged them with threatening to institute prosecntions
for the same purpose. With respect to the fifth count,
that of administering unlawful oaths, there was on evi-
dence. His Lordship having alluded the other counts
of the indictment, and gone through the evidence, said,
that though the Assaeiation will not illegal, there might
be doubts as to its expediency. Willi the expediency or
inexpediency cf it, however, they had nothing to do.—
That, he thought, depended on the manner in which the
object of it was carried into effect. If, however, the
professed object was not the real one—if the object. in
truth, was to extort money by instituting or threaten*
prosecutions, it was criminal. This be thought was the
point to which the Jury were to apply their minds.
The Jury at half-past five retired, and, after bedew out,
twenty minutes, returned with a verdict of—Nut Guilty,
in favour of all the defendants.
The Postgame observed, he wished to state that it
was the unanimous opinion of the Jury, that Mr. Mur-
ray's conduct hail been unnecessarily harsh and severe,
as regarded Mr. Tit/dwell.
The trial lasted from nine till near six o'clock.

POLICE.
_...--

Moreton Hocse, SATVRDAY.—Leurie Brookbank,
John Cash, and Win. Tate, were charged before, the
LORD MAYOR, by the solicitor of Messrs. Stephens,
and Hodgett, with having forged and uttered a hill
for 2761., the drawers of which were a mock Grays
calling themselves Ritchie and Co., of New Con
Crutched-friars, and the acceptor, one Jnhn BALI, of
Manchester, " a man of straw." The solicitor tail
produced the bill, and about 20 others, all drawn anal
accepted by " men of straw," and negotiated. to the
amount of 4.6001. Mr. Harmer and Mr. Hill, wise
were for the prisoners, contended that there was no
ground whatever for the chants of forgery, as the
Jrauer and acceptor of the bill were in being, and
there must be a want of one or the other to constitute
a forgery. The solicitor far the prosecutiopiaaid, that
anless Bailey, who was said to have accepted the bill,
was produced, the charge of forgery was substantial
against the prisoners. Mr. Harmer said the onus lay
upon the prosecutor to prove that there was no such
man as Bailey; and observed, that whatever inspro-
priety was to be attributed to the prisoners, it would be
ridiculous to attempt to charge them with forgery. The
Lord Mayor said it was necessary for him to bear some
of the evidence on the care, which at least appeareal
him to be one of a deep laid and ruinous coaspiriey.
Mr. Samuel Wilmot, who is in the house of Stepheas
and Hodgett, gave evidence to the following effect
He sent a qnantity of iroa belonging to the firm to an
iron wharf inliail-street, Blackfriars, in April, 1821.
lie had sold it, to lirookbank, on &comet of the house
of Brookbank and Co. He did not understand whom
the company consisted of. Brookbank told him that
he had a gentleman at Ids hack who would support
kin' on a good account. Witness was to be • paid in
undeniable bills, not exceeding six meads' i■ date,

engage! ty'Brookhlnlteo ties...knees, was drawn hi
.• •
Ritchie rid Or and accepted by John Bailey. Wit-
ness sent it to tke Country; and, when it became du,
on the sth of October. it was returned "gone away,
sot knows 'brie." After the bill was returned din
heaoared, echoes went to Ritchie's, and beard then
Mere gone sway. He wrote to the person named
Bailey, at Manchester; bat his letter was refereed.
sad on the outside was wrings,- No such person
.to be found." He then caused inanities to be made
of
Messrs. Hope, of Manclieeter, respecting the ac-
ceptor, but they wrote beck word. 11. no suet, per
sea was to be found. After them %guides, witness
saw Tate on the subject; and was told by that pri-
soner that he was vety soon going down to Manches-
ter, and won!d make the necessary inqairies. Tate.
upon returning from Manchester. said be had not seen
the men who accepted the bills, but Is bad heard that I
they were men of straw, and would sell their areept-
awes forlialta-crown, er a pot of porter. Wham-
went to 'Brookbank's connting-honse, and found it slat
up. He had the hills giyen under these sefseloos
circumstances, in his possession. to the amount of
4,6001., all of whirls hail been dishonoured.
Cash. in explaining the filminess to the Lord
Mayor, said that he lied employed 'fate to outaia
dra•.•ers and aecep•ors for bills of the most respect-
able characters, and to offer the farmer class 11. per
cent. and the latter 51. per cent. for the os- of their
names. He added, that if Tate had not used the ne-
cessary caution, and trusted to equivocal persons, he
was math to hlatin., as hews§ paid at the rate of 2/. 2s.
per week. - Brookbank, he said, was to have a quarter
of the profits, but the object of all was to relieve pre-
sent embarrassment; and the moment that aas re-
moved, the whole amount of the debt was to be dis-
charged in the most honourable manner.
The Loan Manta wits satisfied that the statement
justified Min in refusing him to take hail, and ordered
the prisoners to be detained for further examination.
Forreeter was forthwith di:patched to Maechester.
HOW•STIMET.-04 Saturday, as elderly man, ra-
ther robust in person and complexion, and wearing a
large cocked bat, and a white abated in his bntton-
hole, walked with a sort of military strut into the of-
fice, and having waited until the Magistrates were'
disengaged, he approached the bench, and with a stiff
bow. begged the favour of an audience.
Mr. MINSISCLL expested his readiness to attend
him, and he stated that he was just arrived front
France, where he lied been a long time resident, and
was on his wa, to IVexford. in Ireland, hat could not
proceed any farther for want of money. He was a de-
scendant of Charlemagne, and cousin to Louis XVIII-.
vrbo some months ago crewed Lilo a Peer of France,
but before be could procure Isis patent, the new Mi•
'Wry cams into power, and. being himself an avowed
Liberal, his expected hollows were withheld from
him. While endesiourina to obtain redress for this
act of injustice. he beard that his father had died at
Wexford, where himself was born, leaving imams
"prepirty,c-tiad that his sisters bad administered to the
will, and possessed th ',waives of that to which be wits
the rightful heir. Cpon receiving -this intelligence
he quitted Paris very hastily, and had proceeded thus
far when his finances were exhausted, and he .Its
under the necessity of ma..ing this application for as-
sistance from the magistrates to complete his)
Mr. MINSHULL.—Pray, Sir, will yon give use lease
to ask if you were ever in confinement?
Applicant.—lo confinement, Sir! What do you
mean?
Mr. MINSMULL.—Were you ever in a prison ?
Applicant.—Never its my life. and I think the ques-
tion a very extraordinary one. You ought to know the
treatment due to a gentleman, though lie happens to
be io poverty.
Mr. Mistsuttaa.—Well, Sir, I will be plainer with
you: were you ever io a mad-house?
Applicant (reddening.)—A mad-house! Why do
you ask ?
Mr. Mistsueat..—Recause 1 believe you eve mad,
or at least deranged in your mind ; and I (awl that is
the opinion of every one who hears roe. except, per-
haps, the person I am addressing.
Thr applicant said he was really at a loss to know
what die Magistrate bad seen in his conduct, or what
he had said, to give rise tea such an opinion. lie was
in his sober senses, as much as any man who heard
Sir R• Blanta.—Well, Sir, it may be all very true,
but. unfortunately, we hit., no funds with which to
forward your journey in a manner suited to the dignity
of a descendant of Charlemengne, and I am afraid you
must find your way to Wexford-as well as you eau
without our aid.
Applicant—Very well, Sir.
Mr. atinauttia. exp .1 his surprise that he did
not apply 'for aid to his cousin Louis.
The applicant, without regarding this observation,
said lie was sorry he had troubled the magistrates, and
should press his request no further. He bowed, and
placing his huge cocked hat on his head with an af-
fected air of dignity, he walked out of the office.
Ccatous FRAUD.—George Dodd, a young man ea-
thee respectably d 4, was charged with obtaining
a sovereign by false pretences film Mary Ann Turner.
The prosecutrix is a pretty-looking servant airl, li-
ving with a family at the west end of the town, anti
SOME weeks ago the prisoner intro.:aced himself -to
her at church, and obtaiaed pet mission to see her
home, and to meet her on a future day. He told her,
in the course of conversation, that his name was
Westeott, and that he was an officer of Bow-street.l
Their acquiintaoce had been hut of short duration,
when, in purchasing some bread at a baker's, she paid
a sovereign, by mistake, for a shilling, sod wheu she
went back to (-bias it, the baker chose to disbelieve
her, and would not return her sovereign. In this
emergency, she thought she could not do hatter that:
apply to her new met 'heart, who, upon hearing her
story, said he would soon bring the baker to his
senses, anti compel him to snake restitution. is s
few days he succeeded in obtaining the sovereign,
and returned it to the 'prnsecatrix„ but took that op
portunity of requesting the loan of 10s. She be
such perfect confidence in him; that she said !t-
-might as well talte thaesoefreign, which be did. and

I`, atfailiere ma give Briaokbaidesa ardocto teth fnrihe dAirer
I. tiro ow- of the iron is sold. Wit_glir paid Cub f the wharf
Shortly age. He rer lira the bill kw 2764'..10rie the 40'1'
("I"ll°r•tne orihe *asylum for the proieseties, low Ilreohbtok
dory aboandod •
f the Ito at the cous
eseAtished. the in part payment o n -boom el
. i
toooioed to ex. Brosithank, eottr't lit.broad-street. The bill we
mlinioss- was drawn h%