The Statesman.
London, England, 1822-03-28 00:00:00


?mon Movv4 Pale&

Ilr. MABERLY then ail. Ike be tossed AGM Ito
turns would be made by Wedoesday oast, as he bad .
been compelled to pampas, aissolieu widish he cool.
Awed of considerable importance fat west of these.--
, Hit Object was to see whether a saviog Lodi not be et
fected id this breach of the pubis k
ittpeadi . Be
begged to observe. that if the Referees eat he
uc proded by the day he hod meallimed. I. Il •
shiEdjamig
et to be his duty to mote that the whose '
it eras to-produce the Returns. should Miami it tit bar
of thi House.
Mr. LUSHINOTON ebbe a' few words whisk we
could sot hear; end the miWersWeel the. dropped.
Mr. TIERNEY pr
habitants of Kuareshoro oraiest the Bill fee provid-
ing a summary method' oceraring Smell Deblll.--•
Ordered to lie on the to
can 116101,1141111.
Dr. LUSHINUTO , that the Petition to which
he was about to call tendon of the Moose, was
from a imam in hum 'rcutustaaces. only 17 yam •
stoalsairiac nod e aconite* at the lye ; mad
as the Pak' r complaisted anjastly. Be •
ima 00' -- ' J y who trialrblealme yerleitaly
p sitiphiles ort is ram, by ameietiag meeker
puma far pabSelring the same paper fer paidishia:r
labia be was himself indicted, A eireetnetance which •
the Petitioner submitted, diaqaalified the Jury from Oy-
ler:him. He (the Dr.) considered it most lasportaut to
the adm inistratiou of justice, that the Thal by dory.
tbehrzodest beast of our ancestors, the beet mongoose
dwisdom, should be preserved in its erigiosi pu
rity. This was particularly necessary where the tat.
plied aim ass of asleep complexion, for the mind was
tee apt to receive a sort of prejudice egliett a penes
who was charged with any °Reece of great eaernsity.—•
The saute of the Petitioner was George Barkley. card It
sneered that he was one of the victims of the • .
gompsyr to itself the name of Constitutional. Thu
trek place on the 4th of the present mouth before**
Cemesea Serjeant of the city of Loodou; and MAO
osenneeeceinent of the trial the Petitioner's Gusaieldr.
jestedproposed
to the Jury, os the ground ofthair WV-
diree days before tried sod convicted satiable .
Vamplew. for publishing the same libel as doe eillielli
was siontioned in the indictment epilog the itddeege. •
The Comes Serjeant was of opinion Gut *tallies**
was sot well founded and the trial was alhirered to pent
coed. New, he (the Doctor) was clearly of "Mies that f
the Jnry by their former verdict had prejadged the Pe--
titioneris case; and. according to Lord Coke, midi a
jury were disqualified.. That great lawyer laid deem.
that a jury sdist Aid • only decided the substantial
matter in imam, gh it were between other por-
de*. were disql,a4llll. 11. (the Meter) conceived that
do eehetastial imms.sakerbsabst the paper set forth in
the laditterame " was am a libel. aed Mat the jury .
W decided as dmr Mid. Indeui, it was 1101,0-
dblek to sapper iimitilha weld new to the question
ebb minds . One of the principal
=7of the of the press was Mr. Fox's ce-
Ell.. whideleve to the jury the power of is
-Ming apes the whole: matter is issue, the law es rell
it the feet t a riellaishich had bees usurped by reel&
heig judge& tage of this Bill had been to •
=often alms pariffmtur ; ter the jury heels; provieeelg
Awe she •Iteetion of libel, beg 'sly to dimmer
elltbiteede the Fencer's'. The facts. be spelled
'teas allmand by Iles foreman of the limy acid several
lordeimilemetseepeetaility.,- The Ommenifat the pre.
isentioa. la his address to (helm, Waned tbem ',the
arguments of his speech on the former trial. The peti•
tioner's Counsel bad not been present at that trial ; and
how thee was it possible that he coold reply to those
arguments ? Bat this was not all ; for the conduct of
the Judge hicesel& the Common Serjeant, was not just
and impartial. In his charge to the Jury. instead of ex-
erting all his abilities to iuduce the Joey to divest their
minds of all that had passed on the former trial, be ac-
tually referred to that trial, and said be could not us-
derstand Low the Jury could possibly come to an old- ,
nion different from their former one. Ile had thus urged
them to consistency. He (the Doctor) trusted that his
Hon. and Learned Friends opposite would have candour
enough to admit that this was misconduct. He would .
ask them whether, if they had to prosecute several ie.
.lictments for the as libel, and one of the prisoners
had been acquitted, whether they would have the
Jury try the remaining indictments? Whether
his 'Learned Ft iends would say to that Jury, “ Yon have
already conic to a decision, on your oaths, upon :he mat-
ter in question, and we now ask you to come to a differ-
ent decision ?' He was sure his Hon. anti Learned
Friemis would not be guilty of such absurdity; mid.
a fortiori, ought the Judge to have summed op against
the prisoner as he bad done in this case. This poor hip,
who had fallen into the fangs of this Association, could
get no list of the Jury against him; but. the .usual
course had hero taken by his counsel; aod it was most
remarkable that the Jury deliberated 33 minutes before
they returned a verdict, although they bad already con-
victed upon the same publication. Noose could say tha
new doubts had not occurred to the minds of the Jury:
or that it was netpossible that their power, opinion, and
the Judge's reminding them of it, had some influenca
upon their second decision : especially. as they had re-
eonsmentled the Petitioner to mercy. He was sentenced
to six months imprisonment: and the mimeses upon one
of the other Prisoners, convicted for the same libel, was
Mat he should be imprisoned two years and give secu-
rity for his good beltsviotm for life. The Petitioner.
however, hail been sent to the Poultry Comptes., and put
to bard labour ; a punishment, not inflicted. he believed
for such an offence, at any time within the precedingSS
years. The offence, it should be recollected, was merely
the publication of opinions—of opinions which it might
be found were entertained by many Men present, if it
were possible to dive into their hearts• Hard iabour
termed no part of the scourges passed upon this man.—
He (the Doctor) understood that when a person was
sentenced to be imprisoned in the House of Correctios,
bard labour followed as a matter of course, and he be-
lieved that in the present case it had been interlined after
the passing of the sentence. As for the general pea
coding* of this Society, he thought they had been
predurtivr of the greatest nimbi. f, and that their ill-
judged, absurd prosecutions had been the means of dis-
seminating the very publications they were intended to
suppress;—(Hear, limo% bear D—and.had converted the
objects of then. into martyrs aod victims.—(Cheen.) H.
thought there should be some highly responsible odour
for conducting prosecutions of this description. When
be recollected the sonscquence of the proceedings ofllie
Simnel Shepherd, as Attorney•tleorral, against Mr.
Hone ; when he remembered the learning and n Odom of
I that Honourable Gentleman, and that after all his pets-
I cowlings had failed, bad ra:sed Mr. Hone from obscurity
to comparative consequence, ant had {wen :he meg., of
spreading his parodies all user rue. kingdom;, he molly
could not see how any man could be so ablard sod
wicked as to support 4 society of this description with
Neither discretion cor responsibility attailtril to It. The
present Petitioner was on o nfurt anat... i ollis Woal. hal the
circumstances of his case nut sited a tu.st material qaes.

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