The Statesman.
London, England, 1823-02-26 00:00:00

COURT OF NO'S BENCH, IX “TaiittsTatt, Fis.2s.

'ens Item r. rovititt.
This wee an indictment against Mr. Lattihert Fowlet.
WI.o is a gentleman of fortune, and a person corned At-
bide, charging them with indecent conduct In Hyde
Pith on tier 6.1 i of November last. An application vele
imulitafor a certiorari, to remove • he indictment from the
Weetntinster Sessions into this Corr?, ott the ground that
it u oold be proper that the Jury should have a view of
the 'spot where the offence was alle.ed to have been com-
mitted. The writ ant accordingly granted and lodged
with the proper officer; but as it only specified Fowler
mot another,' without expressly naming Attride, the
suejority of the bench thought themselves Justified in pros
eeteAng to try Amide, who was found guilty, and sen-
tenced to be imprisoned for six months. The case of Mr.
Fowler now came on fur trial.
The Sohiceroa ()seine t. stated the case for the pros
secntlon.
The principal witness for the prosecution was named
Eeglestone, who was at work near the powdeomagaslue
in lied. Park on the day in vocation. The place in which
he represented the transaction as hying oecureeili was
close to the Serpentine-river, and the time about half-
past 3in the afternoon. Three witnesses were called to
confirm his statements, but they differed from him and
from emit other in several circumstances of their story.
•Alr. Conant, the magistrate of Marlborough-street, before
whom the parties were taken, stated that Mr. Fowler said
in I ie defence that he was looking after a dog which lie
hod los!, and asking Attride if be had seen him, when
the witnesses came up and wade their ch tree. On cross-
exemisatictn, this magistrate produced his minutes of
Eaglestone's evidence, which he read, and which differed
from the testimony of the witness to-day, in placing the
time at which the defendants were taken at a quarter be-
fore five. instead of half-past three. It now appeared that
the defendants were taken at halfpast three, and that
they were brought an eloaly that it was nearly five
o'clock before thee arrived at Mount-street watchboase,
where they wore given in charge to the officers.
Air. SeARLETT addressed the jury for the defendent•-•••
He expressed the great anxiety uttich be felt for the re-
mit of the case, bemuse he was firmly convinced of the
inn ccence of his
.efient. dlr. Fowler was a gentleman
of good fortune, peat the middle period of life, who had
been Nice married, and had enjoyed much domestic hap-
piness eith both his wives. This gentleman hail been
-seized in mid-day on a charge of the most distressing
nature ; he was hurried—not burriedo-but slowly drag-
ged alone to a public-office, doubllessao afford the oppor.
tunity of a compromise; and, if he had not the assurance
of entire guiltlessness to sustain him, and uncommon
fineness of mind, insist have sunk under the afilietion. If
any ef the Jury had the sorrow, the bitter calamity, to
hill under so Soul a suspicion, what means of difence
toeld ti ey possess but that of sifting the evidence of the
witnesses, and peodaeing thou who bad long knows
thew, and whip were assured, from the whole tenons of
theit lives, that they could Rot be guilty of the crime laid
. to their charge? the learned counsel then commented
on the variations in the testimony of the witnesses from
tech other, and of Englestone's present evidence from
• his former tale; and asked the Jar!, even independent
of then discrepancies, the charge was not wholly incredi-
Isle ? They had happily seen the spot—it was open to the
View, though in the netghlmurhood were plantations and
pits in which coat ailment might be obtained—it was close
t a footpath, atni opposite to a horse-way, where, at this
beet's in the afterlives, horsemen were continually rid:ng ;
and c yid they, who knew these circumstances better than
he. believe that any man sought this pine for purposes
Which be would con sal from the eye of the world with
the most apprehensive oars ? In any other case, he should
freselewly leave the issue with tie Jury. wiehout What
witnesses; but here something dearer than property or
(lift was intrusted to his protection, an l he would pro-
4ace testimony which Amnia leave no doubt or stain on
ciient's honour. It would be membered, that at
else time when this atrocious accusation was preferred,
Mr. Fewer staled that Le was looking for his dog : and
rich was ureloolvecily the fact. This gentleman, who
was in an infirm rate of health, having suffered a para-
lytic stroke—was afflicted also with a complaint in his
eyes, and was advised by his medical attendants to bathe
them in the sprint', in the ein ensure for deer beside the
eMigazine in Hyde park, which was supposed to possess
sonta.peculiar tactile.. To this place, therefore, he was
eccueonted daily to resort, in company of his lady. Their
habit was to proceed in their carriage to the neighbour-
hold of the spring, to which they afterwards walked,
while a favourite dog, which was usually taken with
Ahem, w.s kept away from the enclosure, as there was a
wetice that any dogs found within it would be shot. On
this dety, it efts not convenient to take the carriage, and
Mg. Fowler walked to the spring with the dog. Is would
be shown that this dog did not return till after 11
('etude that Mght, that it was then without a collar, and
that the spot where Mr. Fowler said he was looking for
trim we, exactly that spot where any servant would ex-
pfto to find him. Besides these feets.• confirming his
*teem, at, it would be shown that the defendant was a
efc ornestic habits, of singularly modest demeanour,
awl of high respectability of character, by friends who
bad known him for a long course of years, and who now
tome forward to protect his honour, in spite of efforts
o)jich leaf been made to prevent them. When the Jury
bad heard the case fully proved. they would, tie trusted,
met only give a verdict of acquittal, but would be sail.-
fed that the charge was altogether false, !joked, and
vowelless.
James Man, the footman of the defendant, 'wand his
h.thits to be of the nature stated by. Mr. Scarlett ; that
he went out u ith the clog' to the Sprats:, on the Bth Nov.
when the dog wore his collar, and that the dog return-
ed. soon after eleven in the evening, without it.
The Loot Cuter JUSTIee, who bad suggested to Mr.
Searlett that he ishould begirt with his evidence, inter-
opmed,ond observed, that this fact appeared to hint very
.kneortant, as confirming essentially that account which
the defendant had always given. After this had been
'tailrace:wily made out, and after the i nconsistencies raid
worietions in' the testimony of the witnesses, he 'would
pet it to the Solicitor General whether he would pro-
oe I ftirlhot.
The SoLicaove Seavaftat. replied, that in a cehninal.
case, he-certainly would nut struggle after such a sug-
gestion. All .thot the prosecutors could desire was, that
vie 'cam, 'hyoid be.fairly submitted to the jury.
The Forearm said—My Lord, the Jary are perfectly
satisfied.
The LORD elltEr Jvanct observed, that it wasquite
erwreot in those who had the care of the place where this
'transaction was Midge have ocenneci, to put the matter
111, a proper conese•of investigation ;but if the Jury were
•saristied, it Writ unneeessan to proceed farther.
The Poreinun s.i.l,•risit they hid sten the spot, and
Mere cent-ince,' of the impassibility of the defendant's
pelt, • •
Several of theJnryeald—it it trite bark/150:0c
lienttET *1414; that halted visited the Out, and
'le see it was alembits detnonstratien.
The Joryfrund.the defendant old guilty.
TUE KING T. JOUN •
This wps an infonneion. Hied ex of kiti by the Attor-
atm-General, against the captain of a merchant rersel,
:for carrying two seamen named Clarke and Morris, to
Genoa, sod wilfully leaving them atthat port.
Tice Solocnoe-elansitaa stated that this prosecution
•was instituted *oder the statute of William, which was
,passed to protege a most inipoitent cliss of mene-the,
.othitish stitsmene-fropt a species of eppretelenao whittle
they were peouliewirfiellthle 'rum woo a dlookblo .ta*pra-
con to captains to reaveibtir roan is foreign port, be-