The Statesman.
London, England, 1820-08-07 00:00:00

d man (Major Cartwright) whose life had been de-
voted to the benefit of his country. and who in deter
iodised to die in the same service." Only Ood, be said,
was capable of knowing if they were guilty of the
rtime imputed to then,. lie had the authority of
Fenthato for saying that they could not Lind hint guilty
itliout violating their oaths. He and the other defend-
ants had been charged with exciting disaffection. If
misrule esisted--if corruption prevailed in our system
of Uovernment--onglet not the people to speak of it?
and wherefore should they be charged with a wish to
excite disaffection when they do so? The defendant
read a lung exttact front a pamphlet of Mr. Bentham's
in elucidation of this part of his argument. He then
proceeded at some length to rebut the evidence which
made him as a participator in the cbarre, and said that
though the Jury might find him guilty, the country at
large would pronounce hint innocent. Imprisonment,
►y giving hint opportunities of reflection and study,
'mid only redouble his hostility to corruption.—
Though evil report and good report, he would direct
all his efforts in furtherance of the cause of reform, and
if necessary he was ready to lay down his life in the
same service.
No witnesses were called on the part of the defend-
att's.

Mr. Strjeant VAUGHAN rose to reply. After the
1••ng and tedious inquiry in which they bad been en-
reged. they had new arrived at that stage of the pro-
ceeding, when, in the discharge of his duty, he was
called upon to lathe some observations on the different
speeches of the Gentlemen who were just heard on
the part of the defence, as also on the evidence which
had been offered in support of the prosecution. He
confessed that, in undertaking this task, he had been
placed in a novel situation, by the manner in which
the defence had been conducted, three of the defend-
ante basing been represented by their Counsel; and
two others appearing for thenssels•s. Fur his part,
he apprehended that the Jury by that time had alto-
ether lost sight of the nature of the charge, and it
ir•eame, is consequence, his duty to bring hack their
attention to it—for he was persuaded tint, when thee
came to consider it in all its bearings. as well ;as the
evidence by which it was supported, they conid have
very little difficulty in coming to a determination upon
its justice. 'the Jer'y could not fail to observe, that
a good deal a talent had been displayed be some of
the defendants, particularly by the Gentleman who
sat opposite him (Mr. Wooler). At the same time
the Jury could not but perceive that eloquence and
algessuity were not argument—anti that however
entertaining might be the addresses to which they
had listened, still flitch of what had been said on 114
behalf of the defence was unconnected with it—and
eluded with prudent design the charges which bad
been preferred against them. Nothing could he snore
easy than to• say, as the defendants did In this in-
• 'sum that the charge was out intelligible. No charge,
be could assert, was mere easily nnsferstood. The
defendants were brought before the Court upon two
at-eusations—the fleet of which was entering into a
conspiracy to excite discontent and disaffection against
the thwernnient awl Constitution, and the Commons
House %of Parliament, as by law established ; and the
Nees's:cf, conspiriug to elect a person to be the Legis-
latorial Attorney, and Representative of the Inhabi•
hitants of Birmingham, and to claim admission into
the House of Commons as Member thereof. Nothing
I ould he more simple or intelligible than these charges.
rbe length of the indictment had been made the sub"
jr;:t of much animadversion. Yet the Gentlemen of
the Jury ought to know, that the extent of it
was caused in a great measure by the insertion
of extract, from the inflammatory speeches of the
defnehmhs--and introduced for the fair and manly
purpose of giving the defendants an opportunity of
si-colng away the effect of them, as tending t manifest
tteir intention throughout the whole of their conduct.
Mime portion of the remarks of the' Gentlemen who
s2sdris for the defence, related personally to him. It was
s kid. that be acted from unworthy motives—that he
conducted the can with improper feelings—and a
s:verity that was uncalled for. Knowing, as he slid,
wises he represented upon that occasion—knowing
t`.at the interests of the Government bad been eon-
Hed to hit hands—he would have been unworthy of
trust reposed in bins, if he did not on the one
rd exert his utmost power to provide for the safety
of the interests committed to him; and if he did not
on the other hand deport himself with as much for-
bearance and deference to the defendants, as he could
maintain consistently with the discharge of his duty.
He could assure his Learned Friend that it was, ac-
tuated with those feelings, that he bad ventured to
his address to them yesterday, by congratulating
them that they had at last arrived at the merits of
the ease—removed from the attention of the Court as
they had been, by what he considered as much un-
necessary proceedings. He was not disposed to re-
t-act what he had said" upon that occasion, because
he was aware that his observations would never bear
rise imputation which bad been thrown upon than,
namely, that they were meant to excite an unjust
prejudice against the defendants. He hoped, not-
withstanding the charges, open and insinuated which
had been made against him upon this occasion, he
waisld obtain the credit from all impartial per-
sons of having conducted himself with candour
and fairness to the defendants. At present be would
unmet of the Jury, even for the benefit of the defen-
dants themselves, to discharge from their mine), the
armory of all that had been said with respect to the
fucking an improper *elution of thase who flied the
Jory'hos. The charges of this nature which bad been
heaped upon those who had the formation of the Jury
were a libel on the administration of justice. lie was
sore that the Gentlemen of the Jury would agree with
his. that it was unnecesaery to attempt any reply to
each charges. He would only observe, that the Jury
had been struck with perfect fairness, and according
to those principles of the law which had hitherto pre-
vailed. The Learned Serjeant was here interrupted
by Ir. Weoler, wins said be interposed for the pur
pun of re-assertiag 'the truth of the statement which
be bad made with respect to the wade in which the
Jury ball hoes struck.
• Mr. &least VAUIPIIAN proceeded. He would re-'
pest his request, that the Jury would discharge the
puttaketiciit of all tharpasseil before entering upon the
litionodiase 'subject which they were called on to try.
Me owned be hid- some dilbenitY. in selecting from