The Statesman.
London, England, 1820-02-07 00:00:00

TIMW A N..

were, by virtue of their other, Magistrates, power to
bind over a libeller, and he contended it was unnecessary
if they Possessed that power before.
Mr. Serjeant BOSAtrqurr, for the defendant, observed,
that lie was justified on the plaintiff's own authority, fur
having arrested and held him to bail. The only differ-
ence in any libel, was in its degree of aggravation, and
as it might more or less tend towards a-breach of the
peace. It is an offence contra parent, and therefore it
comes under the jurisdiction of a Magistrate, who is to
inquire into all felonies, trespasses, tcc. It has been
contended on the other side, that libel cannot come under
the definition of trespass, because it is not an actual
breach of the peace ; but it is observed by Hawkins,
that " the word trespass is of very general extent, and,
in a large sense, not only compre.hends all inferior of-
fences which are properly and directly against the
peace, as assaults and batteries, and such like, but also
all others which are so only by construction, as all
breaches of the law in general are said to be." And
then, after noticing the power of Justices in felonies.
kr., he adds, the word trespass has been undereased
to extend to " such offences is have a direct and infino-
iliate tendency to cause such breaches of the peace, se
, libels, and such like, which, on this account, have been
adjudged indictable before Justices of the Peace."-2
Hawk, c. It, s. 311. Lord Coke defines libel to be a con-
tamely or reproach published to the defamation of the
Government, of a Magistrate, or of a private person, and
he says, it is indictable, because it tends to a breach of
the peace. There had been four cases of arrest ; the
two first were disputed, on the ground that they
were privileged persons; the two last, that the war-
rants had been issued by the Secretary of State.
In the two first, the cases of the 'even bishops
and of Ala, Wilkes, they assumed the arrest would
have been good, hut that they were privileged persons.
In Wilkes 's case, they did not affect to say that *private
person might not be arrested. The authority of a Se-
cretary of State has till lately been more infirm, be-
cause be cannot administer an oath. A man may, upon
the slightest assault, be rommitted in default of hail ;
and in libel, which may provoke an aggravated breach
of the peace, shall it be said that the 3agiotrate has not
the like jurisdiction ? Lord Hale, Lord Holt, and Haw-
kins, are all opposed to Lord Coke, agreeing that a man
may he held to bail before indictment found. Coke &-
MAI the power of Justices, even though the statute of
Philip and Mary had Is-en passed jest before. It is
contended, that the Magistrate has only potter in felo-
nies, but he has, in common assaults, and in an v thing
which tends to the disturbance of the peace. to need
not dread the effect of the power of the Magistrate,'
since the Habeas Corpus Act will prevent imprison-
ment without cause. .t Magistrete may commit for
treason, although it be beyond his jurisdiction. He is
• mended to " keep all oriliminees," and must he not.
therefore, prevent all possibility of assaults ? Hawkins,
as has been shown, expressly inelndes libel. It has
been asserted that Hale and Hankins confine the power
of the Magistrate to actual breaches of the peace; but
the passage cited shows, that Hawkins intends that
which has a tendency to a breach of the peace. Hal-
ton's Justice of the Peace, c. 123, page 217, says, " using
words which shall tend to a breach of the peace ;" and
in r. 124, he says, 6' libellers may he Noon' for their
good behaviour." In Kendal e. Wear, Skinner 596,
the Court considered the power of a Magistrate and a
Secretary of State in arrest analogous. There never
was a doubt as to the right of the Magistrate, for in
Queen Anne's reign there were 43coumiiinients, in that
of George 136, George 11. 63, and in the third year of I
iirorge 111, there was also a precedent ; from that time
till the 41st there were none, and it was this cessation
which first caused the doubt that hail now been argued.
It appeared too, that many others had been arrested for
speaking seditious words; bet as they had not been
held to bail, they were nut included in the return hr had
jest read. l'pon the whole, he contended that the Ma-
gistrate hail the power, and therefore he prayed judg-
ment for the defendant.

The Court said, they would bear the reply on Monday.
—Adjourned.

COURT OF REQI7ESTS, GrILONALL.

On Saturday Mr. Sheriff Parkins attended at this
Court to answer the summons of a publican in the
neighbourhood of \ea•gate-street, a•ho demanded from
the Sheriff the sum of I/. 135., the balance of a bill of
$l. 13a., incurred at an entertainment given by him to
the Carlisle Election Committee, on the 18th of Mar,

Pt appeared from the statement of the publiran, that
punch, nexus, brandy, and runt, haul been served to the
Committee at the time they were at work to secure the
election of the Worthy Sheriff, who, however, obtained
but a very small number of efficient friends upon the oc-
casion. *Five pounds had been paid, but all applications
for the balance had been ineffectual.

The Sheriff declared, that he had given orders to the
publican not to serve up more than U. worth of punch,
and that the hill produced had been recently fabricated
for the purpose of defrauding him.
The publican said, the Sheriff had placed no limit to
the orders of the company, and that the charge was
smaller than it ought to be, broken glasses not haring
been charged, and the waiter haying received nut a
farthing.
The Sheriff declared, that if the publican swore to the
debt, a prosecution for perjury should he instituted.
The publican did not hesitate to swear, a”11 the money
was paid. The Sheriff left the Court, saying, that he
would make an example of the plaintiff.

POLICE.

animal' OP TIM •ATN AND BRISTOL NAIL.

MastsioN-Ilocac.—lV. frateoa, alias Mellish, Jsha
Pla.kfieir, and if Bonifitee,were brought np for re-
examination on Saturday, when the former, on the oath
of a gentleman whet saw hint in the roach at Martha-
reagit, was filly committed for trial. The other two
were remanded till Thursday.
liVlLDHALL.—Frantiteo kw TA ey, Phill(pp• George,
and Peter Bury°, three foreigners, were on Saturday
charged by the superintendent at the Ilefsige fur the
llonseless:in London Wall. with having purloined some
of the stores. The prisoners, it appeared, had been ad-
mitted for the night into the institution, and slept in
that part of the premises immediately adjoining the
room where the stores and clothing were deposited.
Early in the morning they contrived to cut a hole
through the partition, and by means of a stick, with a
hook at the cud of it, got possession of several articles.
They were, however, observed by a man who slept in
the same room, and who gave information of the eir-
cnutstance. An officer was sent fair, and, en searching
the prisoners George and Burney, there were found ou
the former two pair of new flannel drawers, and the
latter a new jacket and a pair of new gaiter*, belonging
to the Committee. The prisoner Hueco, though not ob-
served to lie concerned. was strongly suspected to be a
participator in the rohhery : he was therefore closely
watched, and shortly after was detected in throwing a
1 new pair of flannel drawers down the privy; a pair ofi
gaiters were also found concealed iie the straw where he
had slept. All three of the prisoners had been in the
house a short time before. and, when discharged, had
beep relieved with cloaths anal money. The Committee,
were not desirous of prosecuting the fellows, and they

were therefore committed to hard labour in
street Colorer for one month each.

111WINDLINI
BOIV-STRZlT.—Saturday, holier/ Liras, a
man gold chaser, was examined on seteral
of fraud.

It was stated that this man was one of a
swindlers, who, for some time pat have been prM
an extensive system of fraud. bey consist dem, hi
have been employed in different houses in the jee,diti
and cloth trades, who availed themselves of their
ledge of different connections tow rite orders for jewilin
or other goods. On Tuesday last the prisoner inyini
the shop of Haniburglier, Harwood, and co. 1(44
manufisoturers in King-street, Covent-garden, .41
order, purporting to be written by a master tad*
Bond-street, who was in the habit of sending
orders, for seven yards of gold lace. The lace Iraq
Dished to bins, but before he had long left the shad(
hand was discovered, and he was pursued sad takesig
custody.
Several other tradesmen preferred similar ch"
and the prisoner was fullc committed.
Wottsalr-Sfmarr.--J; Am Williams andSerah p,„„
were on Saturday brought before K. BIYILI., Esq.
presiding Magistrate, charged with assaulting j
Graham on the King's highway, and rubbing Ida,
one pound's worth of silver, an I tw-Ive
oitrht-pence in copper, the property of Ihvid
James Oralsam said, he was an apprentice is 11/4,,
Miller, tallow-ch:tudler, No. MI, Bunkill-row. Us ri
day afternoon he was sent by his master to take di
dozen of candles to Mr. Hillback, of Golden-lane, fel
whom lie received the money fur them and for othiti
ticks delivered the day before. The money waslih
him in a p ttttt worth of silver, and twelve
and eight-pence in copper. He put the moues is`
basket, and on his way home, about four o'clock,'
through Cow-heel-alley, lie was stopped by the wish
prisoner. who was pretendedly playing with I al
and which ever nay he owned, they still got before`
to stop his progress. At this time six or acres sh
fame up and closed upon him, and in that situation
searched his pockets. Finding nothing there, the
!goiter, John It illiattis, pulled the basket from his
der, and seizing hold of the silver and copper rag
leaving: the basket behind hint.
Tweedy, a constable of St. Luke's parish, kilo
formed of this transaction, went with Prime,
officer, and, from the description given, suspectingt
soner, John Williams, whom they found talking to
other men, they took them into custody, and road
them to Mr. liillbarles shop, the boy immediately
edont Williams as the man who had pulled the
his shoulder, and ran away with the money. Tiny
terwards took the woman Powell and anotiterms.
custody, and the buy immediately recognised the
but said lie knew nothing of the man.
The prisoners denied knowing any thing
robbery.

1 hey were committed to Newgate for trial.

CORUNA/CS DEPUTIES.
-a.-

A few days since an inqnest was held on tbehdri
W. Harrison, a boy It years of age, who was
incautiously removing a trap from a carding esgisal
Mr. Howard's manufactory, at the Nether blil i
Leeds, in which he unfortunately got entaseld,
was so maimed that the upper and lower parody
burly were nearly severed from each other. A
who attended from one of the newspaper officesit
was dismissed the rs.uw, with the eMiervatios,'
the attendance of such persons might he musket
Manchester law, but it was sot law at lAS
Wilcock, the Depetv of Mr. .1. Atkinson, th.
having administered the oaths tp the Jury, au
the necessary preparations far taking the wpm,*
following conversation took place :
Mr. V. ilcock—We must now, gentlemen, gels&
firmail to view the body.
Foreman—Will the l'oroner meet us at the
Mr. Wilcock—No; I am appointed to take tis
for him.

Foreman—Will that be legal
Mr. Wilcock—l do it constantly.
Forautan—Hoes not the law require, and will OM
preamble set forth, that thisinqoisition was takes
J. Atkinson, gentleman, Coroner of the beewtl
Leeds ; and will not the Jury be required to sits
natnes and seals to that document.
Mr. Wilcock—Yes.
Foreman—Then I, for one, must decline to de
such thing, knowing at the time it is not true.
The Deputy then proposed that the Forman
withdraw, and that another Juror should be s
his stead ; but to this he objected, on the grsoW
he haul taken the oath, that lie would diligently t
■nd true presentment make, into the case POW
consideration. After some further conversatiss,
Foreman, addressing himself to Mr. Wilcock,
You may recollect, that recently a high legal as
decided, that an inquisition was null and veil;
some weeks labour, because the Coroner was set
sunnily present with the Jury, on view of the •
Mr. Wilrock—You most likely allude to the
inquest, which was a very different thing ; this isa
common arcident.

Foreman—lf you know what the case is, eke
the necessity of swearing us diligently to imptirell
It is fur us to decide, not you.
A Jnryinan—lf the Foreman is of opinies di
Coroner cannot legally appoint a Deputy, he'4
haps, think that we are not legally sworn, WWI
can retire conscientiously.
Forenian—lf the Deputy will say that I am asllq
sworn, I will retire.
Mr. Wilcock—No. as matters have bees tea
to this length, the Coroner shall take the
self, and you (looking at the Foreman) AT;
lecture from I •
Foreman—A what, Sir?
Mr. Wilcock—You shall hear what the Cot
say about it.
Foreman —Very well, Sir.
About a quarter past seven o'clock the Cereal
rived, and commenced the business afresh, by ?Pi
ing the Court and re-swearing the Jun., witlioute!
a single word upon the objection to his Deper..
a due itiveatitration, the Jury returned a moo
't Accidental death.-

BIRTHS.

nu Mongol

Ai his. house in M
Lad) of HenryUbborne. Esq. of a _
Yenterday reoroine•. in itaker-direak
Lady of Mr Gregor) Paps Turner. Oast. of a

MARRIED.
On Thursday last, John Iludgson. Esq. nf
to Mary, daughter of John Godfrey, Esy. of rod•
- - -
DIED.
At Penzance. Jan. 31. nudist Frinees. youngest •
of Lady Thendosia Vtner, and sister of Robert VPII4
of Oanihy. Lincolnshire. Oast 11
On Monciat last. after a long and serrre •
Vlearare, Wootton Bassett. Wilts. foroli••
Rev. Thomas Hyde Ripley, and dilltlitrr 01 11111
Huneywood, Esq. of Marks Hall. Essen.

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