The Statesman.
London, England, 1824-02-12 00:00:00

THE STATESMAN

COURT OF KING'S BENCII.—Tuts MORNING. was there n• effort made to take him into custody. When
Mr. Knox got what he would call the reprimand of Govern
, TUC KING V. VIE PRINTER AND PUBLISHER or TIM went, for Mr, Goulhurn's letter was a reprimand, was it
British Press."
Mr. SCARLETT moved that the ride for a crininal infer- not time thee to have him secured? Ought he not to
Elation against tile printer and publisher of the British have at least pet the business in train, so that he might
Press, for a libel on -- Chetwynd, M. P. obtained have a man who was charged with murder, forthcoming ?
a few days since, should be enlarged till next term, to But no, Mr. Knox was really too impartial. If
give further time to answer the affidavits made on the the Court would not interfere in such a else, a similar
other side.
one might occur, and Mr. Knox might have to boast of it.
There being no opposition, the application was granted. There was no feeling of hostility between 'Protestants
THE KING V STOICS.
and Catholics, but there was between Catholics and Orange-
Mr. BROUGHAM said there was al-o a role nisi for a ai- men. If hi,. Knox was not capable of drawing a dis-
soloist information obtained against this defendant for a tinction between Protestants and those who, in the spirit
similar libel to that in the last case, published in the Bri- of diabolical mischief, illegally associated under the abo-
lish Traveller newspaper. He moved to have it enlarged minable name of Orangemen, be was incompetent to act
till next term, for the same reason as that on which the in the Magistracy of the country. Hb (sir. O'Connell con-
preceding rule was enlarged.—Kale refused,
tended that Mr. Knox was incompetent to act as a Ma-
FRIENDLY BROTHERS.
gistrate. affidavit states. thoweitness did not
Tut RING V. AARON SOLOMONS•
convince him that Kennedy was guilty; but they had, in
C
The defendant appeared to receive the judgment of the
reply, his own motives. His partisan feelings were break-
ourt. under an Indictment to which he had pleaded ing out in sr page of his affidavit, the tinge and taint
guilty.
It appeared that a Benefit Society called by the above of party was exhibited in every line.
name, met to, dine and to dance, on the 6th of An- Mr. 0 Doherty followed, at considerable length, and
Mr. O'Connel.
gust last, at White Conduit House. The defendant with much ability, on the same side as
was one of the Stewards, and appointed to keep the The ChierAstice said, that the Court must admit the
door of the Ball-room, to prevent the iotresioe of strangers, cane shown on the ground that, although. the defendant
who, it bad been agreed should be excluded. The prosecutor, had acted illegally-as a !Magistrate, it did not appear to
a Member of lice Society. observing some interlopers,asked the the Court that he did so from corrupt motives. It appeared
defendant why be admitted them, and threatened to complain that be Lad acted from ignorance, taking it for granted.
aids. me defendant said he should do as he liked, and gave that the tiorgt. Jmy having ignored the bills of i ndist-
have the prosecutor • elolent blow ou the eye. lie would ha semi prei against Kennedy. he was thereby placed in
repeated the assault, bet was forcibly restrained by a different situation from that of any other person. It was
the emeepagy. This sat the attack of which he had con-
leased himself guilty. Mr. Archibald said that the defer. quite clear that it was a foolish step to consult Govern-
ment on the solsject, and he was very properly told to use
dant bad now pot in an allidavit,in which he had attempt- I his own discretion, bnt it was so far important, that it
ed to make it appear that the prosecutor was the aggressor, showed-he had doubts as to how he should act under the
and therefore he submitted that a slight punishment I circnmstasees, and was anxions to make use of advice from
might be serviceable to check the violence of his disposi- another „ter.
tion,and by the example, tend to make the society more de-
serving of the name by whirA it was miscalled. The Court then ruled, that the cause *hewn shoold be
The Coen? sentenced tke defendant to pay six siiiiis„,p
.allowed wkbeot costs.
and eight-p. nee to the King. and to give secuiities. him- MAGIST .TE4 ATTENDING SPECIAT. SESSIONS,
self 10201. and another irtfffel. to keep the peace for &year. EXEMPT FROM ARREST FOIL DEBT.
44. •
At the last Sessions under the luserrection Act, an
applicatioe.tras made on behalf of a Magistrate of the
county of Merrick, to be discharged from the custody of
the Lily Sheriffs. The application was opposed by the
pliintiff in the writ, and by Counsel on the part of the
Sheriffs. The hearing occupied part of two days, when
Mr. Illacklowne pronounced the judgment of the Court.
He said, that this was an application, by a Magistrate of
the County of Limerick, to be discharged from the
custody of the Sheriffs by whom he had been ar e.ted
under writgof Capias ad satisfaciendant, on Tuesday last,
at the hoar of three o'clock, upon his return home from
the Court at Special Seesions,where he bad been attending
as a Magistrate. The arrest was mails immediately after
the Court bad risen, and before he had proce•lleil
more than one hundred yards from the Coon Howie.
There orno no controversy respecting these facts,
midi the only question raised by the plaintiff in
the exec/410a of the Sheriffs has been, as to the
juriadietioa ef the Court to discharge the defend •nt.
The defendant rests his right to he &setter:el, neon his
privilege from arrest, contending, that this case falls within
the principle, on *tilt, in a vat [erg of cases, such a pri-
vilege has been inn* and acted on. That principle is,
that all persons hoist
fide engaged in the administration
otjhe justice of the country, are exempted in their per-
sons from the execution of civil process, in attending at,
and in going to and returning from the Cond. The order
of the Cott* therefore, was, that the defendant should
'orthwills hi discharged from the custody of the Sheriffs

COURT OF RING'S BENCH, Mawr, February?, 182 4
—.....--
CRTNINAL ItirOltlekTlON.

THE ZINO, AT THE PROSECUTION Or J. IeMASTER, V. THE

REV. J. SPENCER KNOX.

Mr. O'Coerrar.t. moved to have the further ersrument in this
wise postponed until next term, on the ground that the defend•
ant had introduced much new and irrevalent matter into his af•
fidavit, which required time to answer.
The Court dwarfed that the argument should proceed.
Mr. G. B [lO4 NETT thee proceeded to she* cause why the con.
ditional order for a criminal information should not be made air
solute. The prosecutor's eflidavit stated teat a riot had occurred
at Maghera,in which a man named M'Master was killed ; that a
Mr. D. Kennedy was indicted for the murder, and that thebilts
were ignored by the Urand Jury ; and that the bills against
Kennedy were ignored, J. M'Master, the brother of the de.
ceased, diseovered that there were several witnesses who could
give evidence against K. but who were afraid to come forward,
fearing son • hodily harm, and being convinced that K. was the
!prima who fired the sit of by which the deceased lost his
life, and tbat a person of the name of John Conhery, a
man of unimpeachable character, could testify to the tact;
be applied to the Rev. Mr. Spencer Knox, a Alagistrate,
and required him to take new infounations against Ken-
nedy; that Mr. Knox desired him to attend when there
would be a full Bench of Magistrates, and he would con-
aids, whether he should t:tke those informations; that
lie did accordingly, betore the Reverend Mr. Knox,
the Reverend Mr. Mullevera, the Reverend Mr. ColdittChts
and other Magistrates; that Connery was then t: lib'
and that during the examination he (John M'Master) Jwas
snails to lave the town: that subsequently David Ken-
nedy was seen in the rreets publicly, and that hearing
he was about tkjeave_iiii Aaatitri , Jaw. applioiliereowellyi

Tree ifevtgrennf W. Knox to grant him -a- e arrant to haver
Kennedy arrested, and that Mr. Knox refused to give him
the warrant until there was a foil Bench of Magistrates,
when he would tell hint whether he would grant the war-
rant or not ; that during all this time David Kennedy was
pubiicly in the streets, amt that he (John antlaster) was
unable to procure the warrant for his apprehension; that
the Reverend Mr. Knox was in the habit of being fee-
crently in the house of the Reverend Mr. Kennedy, the
lather of David Kennedy, alio was charged with the of-
fence, and that ultimately David Kennedy left the country.
Mr. Bennett submitted to the Court that the affidavit did
not impute, in direct terms, any corrupt motives to Mr.
Knox, but from the manner in which it was worded it left
them to be interred. It indirectly imputed corruption and
connivance, and on this indirect imputation, it calls on a
Clergyman of the Established Church to answer why a cri-
miral informa,ion should not be tiled against hint. Even,
if, as a Magistrate he hail acted illegally, there were not I
grounds fur granting a criminal information against him, I
except he use also charged with having acted corruptly.
He did not wean to that his client had acted illegally,
but to state what would constlate his defence ►f he had.
Mr. Ktiox's affidavit stated boat there was a riot at
hlaghera, between a number of Roman Catholics, and
several persons of the Protestant religion, in which
a man of the name of WM aster lust his life. An
inquest was held on the body of the II ceased, on the 11th
ofJune, and a great number of Catholics attended the in-
-1
quest. Two meetings of magistrates were held on the sub.
yea, and many Roman Catholics came forward and gave
evidence. Mr. Knox wen. to the house of a Catholic who
was wounded, and took his depositions, and solicited
the aid of the Catholic clergymen. The hills against Ken.
nedy were thrown out at the Assizes of Landon terry. The
Magistrates doubted their right to apprehend Kennedy
after the bills had been thrown out by the tiraud Jury.
They acted, perhaps, erroneously, but naturally, for
they stated tuey would determine on a future day,
'whether they would grant the warrant or not. The
Magistrates deliberated on the course of proceeding
they should adopt, and ultimately directed Mr. Knox to
inclose the informations to tioveratnent. Those gentlemen
certainly adopted what they couceived to be the most pett-
alab(coarse. Mr. Cionlburn acknowledged the receipt of
ties litter, and in reply, told Mr. Knox, that on reference
to Law Officers of the Crown, they directed the Magistrates
to exercise their own discretion. Mr. Knox considered it
would be unprecedented to put into the hands of M•Master
a warrant for the apprehension of Kennedy. he con-
ceived that if lie did so he would probably be an
accessary to his murder. He acted impartially,
and with the co-operation of other Magistrates.
—Mr. BINNETT concluded by submitting, that as corrupt
motives were not distinctly charged against Mr. Knox,
the Court would not conceive there were grounds for
making the conditional order for a criminal information
absolute.

'H

DUTY ON COALS.
•
•

. ,

Yesterday a Meeting of the Inhabitants of the City
of London took pl4re at the City of ',onion Tavern,
for the porpobe of petitioning Parliament to take off the
Duty on Coals. Sir Charles Price in the Chair.

The Cuatnin AN stated to the fleeting that the Committe •
had communicated, sport former occasions, with Vie Mi ois°
ter upon thesnhject of the repeal of the existing oppre:-
sive tax upon Coal and Culm, anti had received admissions
that the City of London had, in particular, great cause t
complain ; lint the condition of the coo ntry, in consequence
of the long war, furnished an excuse for continuing an im-
post which every one was ready to condemn. It could no
longer be contended that the country required that a par-
tial tax should lie taken from the pockets of toe peoule, as
the revenue was in a most prosperous state. The abolition
of the tax was most important to the manufacturing and
agricultural interests; and the City of London paid, be-
sides 6s. a chaldron coast duty, an exclusive duty of 3s. 4d.
a clialdron, originally levied for the building of Cliurclie.,.
The London Committee had corresponded anti united
with the Committees of all the other parts of the country
in which the tax operated, anti the success of an applica-
tion to Patlieut.:tit was looked forward to with the utmost
confidence.

Mr. Swint said, that the reason the tax had not been re-
pealed was, perhaps, because the House of Commons wish-
ed previously to ascertain the general opinion of the pens
ple on the subject. He then represented the nnfairness, as
well as the impoliey of taxing one part ofa great population,
to the exclusion of the rest ; and he read the Resolutions
passed last year, as a foundation for the Pcition he con•
I templated. The tax was, be said, a direct tax upon in-
dustrv. The Scotch had persuaded Parliament to relieve
them from the Coast Duty, and to impose a general duty
upon the country; but so injurious and unnecessary was
this taxi that he loped and believed it would be abolished,
without leaving behind it a substitute.—(Hear, hear.)—
There was, in face, nothing that could more effectually in-
;crease the general revenue of the country than the repeal of
the Coal Duties. He then moved Resolutions declaratory
of the unfairness of the tax, &c. &c.; and that it was hoped
that Parliament would abolish the duties, without a com-
mutation for e.ny other tax. _

Alderman BUSGIIII seconded the motion.

Mr. SMITH, after some desultory conversation between
Mr. Hunt, Mr. Perkins. and Mr. Blanchard, read the Peti-
tion to Parliament, praying for the repeal.

Alderman *onto, in reply to several observations by Mr.
Hunt, said that the thinness of the Meeting aas attribut-
able, perhaps, in part to a mistake in the placards, and in
part to the fact that the injustice of the tax was so notori-
ous. that no opposition was expected to it. The Petition,
however, would be signed by thousands, although there
were but a few hundreds in the room ; and the Wards bad
already petitioned oe the subject.
The Petition was agreed to unanimously; and thanks
having been voted to the Chairman, the Meeting separated.

Mr. O'Cormati. replied.—The investigation was cer-
tainly conducted with great caution and respect towards a
person accused of the horrible crime of murder. When
the brother of the deceased applied to Mr. Knox fora war•
rant to apprehend Kennedy,it was refused until Mr. Knox
should consult two tither Magistrates, and when the three
Magistrates got together, it was deferred to another day.—
When they set about consulting Government, was it not
necessary that they should take the precaution of securing
the person against whom the informations were enorn ? Mr.
Knox got such an answer from Mr. Gonlburn, as the Chief
Justice might have given, had his Lordship been applied
to in a similar case. He was told to do as was asual in
such cases. Kennedy was in the habit of walking in the
public sheets. Mr. Knox could have • had hitn'arrested.
I He bad a capital charge against him. He was constantly
in the streets, indecently braving publio opinion, and in
salting the survivors of the deceased by his pretence. Ye-

We regret to learn, by letters from Switzerland, that the de•
vastation occasioned this year by the avalanches from the Alps
has been particularly great. The valleys of Haiti Gadpaen
Outtanen have suffered severely. It is supposed that from the
sensual mildness of the winter, there has been a want of solil
dity in the snow, which may have•ceasioned enormous masses
to separate from the main body on the mountain sides.—in
many places the course of streams issuing from the Alps had
beep blocked up by avalanches, until the wale"; dammed so a
gnat heignt, suddenly forcing a passage, carried away grist
numbers of cattle, and in soma instances•whole hamlets.
Already this year there here been nearly double the number
of bags of Cotton imported into Liverperel that there were at
this ties last year.

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