The Statesman.
London, England, 1823-12-06 00:00:00

" The Cwe frt. which HAMPDEN is the

CHAMPAGNE OF MOST DELICI UALITT.
OAMUEL WOLLASTON, 19,
liergest-street. star Virro.isse, bits jbabeerslAti Os Af.
above superior WINE, wbish in rata et doessw aadbriFiesay appear-
s/roc be warrants to be sersisalled. at the kw Intim of ARM. per=4
tae OLD PORTS, 31e, per dean ; stipstioe lee Mesered. MA. pe
reeelleet brows SHERRY. 36e. porde sea; rely to pale ditto, ooehllis•
tPot 6.200; WEST INDIAMADEIRA. Mr. per Lase;
per Amen ; VIDONIA. Mi. per demo; Bucga.Ats, lits. per doses
1110111111TAIN and LISBON. ED. per deem DAt biph CLir
'trill, MI6. per learn; SAUTERNE DARISAC, 740. per leun ; CAPS
MADEIRA, Ire. per dim.: Ditto (the Duet hsperted], Sas perils& TM
wertaaperier easMy of the 'bops Wises, ant the very Law pries at wig*
Mir tire Mend, out amylase the Piddle they are ter deparoont.r.
Denver.' fns sierras* elide tee Niles errors, Country orders rem;
Daily atteodid to—All Leien must be post paid.

CHARLES. WRIGHT, will.-Marchtutt to his Royal
vialactess the Duke if CA•reses, tut le Re ikbeg's Theatre. Orme
Notocaltfet.ftei perebaard the whet* of MUmbeter's Ana lOU ,
the Docks, width. for fruit. MOM" latkakt kr* watahhorel
ho the Trade, la Pipes sal Hosakeis. Pereoatl
&Mew of barhat alphas Inas autwiwtatah suet la :belt arenas-
hes. sT r resdttance. the above will be fereratileil tie London Mika
I _ pertaittall theme to the parcbader.—C. W. bu be Slash wan ef the
• diellagatahed PORTS and SH siuussiL...wkleb he one eh* ettl...esed
:14
menu. 11=1/I.ooe,R4=liarit—FSlTS. dark" 1:(11.1.'
sab '""
TAIL U. per in.; else
• ADSIRC 14a.h1 sor bakaa.—No
New Imam . Luau Dula (G.Prh). CNA SPAGNID3
sinew 01, wpm* N. 4e4etheami. Jut imparted keit
flereaer. a large a( Sae 'Pa LLA D OIL. tl. ha per case of pi
auk, or M. id. fier R [NO(M dlacarsea Brian Zara). tk.l4.
per auk. flu Davearatre CIDZR, 7e. Id. per .dis. fell quart bosky by
two doe. well sip:.

IiEItTFORD. ASSIZES. I
”mtterr- • .
i .. ' • ..-Lt HIPIP.W• . .
wvampitop,spr W. 'WEARS. .
~
Mr. Aposaws bavipg.as stated in our last, sheep
'cense, on the grounds' of theliffolavits, why tbe trial Of the
accused should be pistposed, sand Mr. Judas Park haslet ,
asked. how long the delay was that be required. .
Mr. ANUIEWS observed, it remained with his Lordship,
illsoold he bey of • opinian that adeqeite grounds Were
mode out for the postponement, to Wilt the time.
The Learned Coupes/ thee urged the argunseat
of the impediments thrown in the :war. of Thor-
, . by dui Auriferous at the icnol. Ifs demand-
ail that it should be 'bores In WO that the parties
bees deprived, a tom. sory4ashasd Istoseouras with
sirlsgaluduks which was nettesuiry to their defence.
HO generated be suffered to' add, that tot only had the
•publiesnind beat prejudiced against them 4y the publi-
eatiope which had takep place,.but the subject had bees
demeaned. Theinfentout placard, anneuncteg this ex-
hibitien, had been printed to a letter calculated to tato
story eye, and had been displayed at the corner of . .
tepa, coached io terms which could not but have •
area of holding up tlKse unfortunate persons to the wk
is objects of **error. In dtatrery town of Hartfordwfi
jades was to be. istlesisistersd at the very doors of*
sapanary of. justice itself, placards bad been circulated*
buhdreds, inviting the Jurors, and oilers who were to tike
Vitt is the proceedings of that Court, to pablications, eon
,faialag a distorted representation of the .bets of .the We.
Of tbiimpressions which this might podia, 004 mind,
it )iiori, *We' I* the ordinary courso'bt law, sititiOr be
Whetted from * eh, Is which the crises 41114 Wes as..
Om . go egleia•—.- - = ....4-.;•14j---: 4 4r;
..' esernmsed the Leaned Counsel. to
Jury sunlit sit his takes heat the pante th wide,*
the murder was committed, as infinite pains had been taken
to call those who were to act as Jurors on this trial from
the most remote parts of the county:
Mr. ANDRawS resumed.-111e knew that his Lordship
had done every thing in his power to stop the evil, but be
would ssklbow, after the circumstances which he had men-
tioned, could it be known what minds were in a fit state to
enter upon this enquiry. How could it be known what
minds would come to it in a poisoned and disordered state.
What means had be to distinguish those who entertained
the same opinion with himself. on the nature of the in-
famous proceedings of which be bad spoken. from those
who were greedy of such information as he contended,
ought never to have transpired befote the trial.
On these grounds he contended for delay; One of the
Ablest Statesmen and Philosophers that had ever lived, had
said, let a story be told to a men every day for a year. and
thought at first he should believe it false, the very repetition•
of it will at last bring him to think there is some truth in
it. Let the maxim of Mr. Burke, in matters connected with
common life, be applied to a-case like that of the prisoners,
and it would be teen how fearful the consequences which
were to be apprehended. One man might be better read—
better informed than another,or he might fancy himself to
be sot he in conversing on subjects of this nature at the
pnblic house or any oilier place where they might meet,
would not fail to give his opinion on it to his neighbours
who would thus be brought tp an agreement as to the
guilt of the parties secused, before they were put on their
trial. Ile called for delay on the ground that, as yet, time
had not been given to weaken the impression thus created
to the prejudice of the prisoners. Should be be asked for
authorities in suppo:t of that which he prayed, he would
refer to the conduct of a Learned Jiidge now assisting in
the delivery of this gaol. That Learned Judge at York had
thought it his duty to postpone a trial, in consequence of
the distribution of papers containing a statement of a parti-
miler case which wasabout to be tried, on the ground that
such conduct was unprecedented and improper.
The Learned Judge said he had read the particulars of
the case just alluded to, and knew all the circumstances.
t Mr. Acoaaws said, then be need not trouble himself to
offer any more words on the subject.
His LOEDsiIIP begged thaq the Learned Gentleman
might not deceive himself on this point. The circum-
stances attende.l to bore no resemblance to thise which
connected themselves with the present enquiry. At Yurk,
bills had beeu circulated to the prejudice of the accused,
on the very day wheettbe Judge entered the town, they bad
been put into the bands of those who were to serve on the
Jury. These called on them to pot down the murderer,
and the crowd were much excited, calling out, when those
who attended for the prosecution appeared, " make way
for the witnesses against William Mead," and so forth.
Mr. ANDREWS was about to offer some explanations on
this point, when
His Louisan, said, he recollected no report of the cir-
cumstances, but that which he had received from his
Learned Brother. He had read minutes of the case that
morning by candle light.
Mr. ANDREWS knew that the ease was one which lie
could not bring from books but the fart he contended for
was, that the Judge had postponed the trial on account of
the mischievous tendency of the papers in question.
He, however contended that no case had ever furnished
such grounds for postponement as were furnished by this
He knew of none which bad created a like sensation
within the last twenty years, and in which the prisoner
had been so badly dealt by. If the case was such, and the
trial could not proceed but tinier dangerous circum-
stances, that was sufficient to justify the postponement
which be claimed. Prom this be contended no danger
could arise in the shape of precedent, and above all,
there was no danger that in consequecre of the proposed
delay, public justice would eventually be defeated. He im-
puted no improper nintiies, to those who were to act as
Jurors, but tucir_liabits, their character, their reading, A ere.

.• , ,
eat likely *bring their minds Ile emit ear state ft seldeb
kit lairdaMp's would be found, Omagh ey Welt mined/
moditralito discharge the duty which ,161/ owed to dell
Mittitey. Hs appealed in gencialion to hip Lardski#, it
kettlatalliehargo Of the first duty of a Jake', that of
adealtieselog Jamie., with sa equal band, remembijieg
,reekiit was dose so the rimer on the one side, and to the
miatery on the other, if the accused ought to be tried
tomi-itee that fires might he improperly placed in jeo
partly; by dircasasestmos which woo' ld not mations to
rigriegoo in the sate degree, after the lapse oft kW months.
the last year that he isookl, hate been
'lit a itilmglou tooollelt that as an ladalgoace for
he now piiyed.* M say former period if each an
Mee took piece it this period of the year, the pd.
/dull sat have expected to take his trial before the
"allarttb. It gas- particularly enfortusate, that in
Ns ef the alterations which had been . made for
tidy Oki of offemas that the men at the bar.
ffibild Acre after its tide of publication had
Welk ittisag... 3q41•41,42•4 math swim
Alit swim—chat lature-bubliestions and stage
es, like those he bad mentioned, would hot again
censer.. That great prejudice had been excited.
was clear from the feet that it bad been sworn that the
Unger Sheriff of that place, a Lientieman of high chem.
tor, and bier .lo hie profession, had laid, "with respect
to Vuitton and others, if the evidence published were
forret% be Would beinoistebt,totaag them without trial by
a J arid. if the Wes of the errantry did not require
a Gentleman in the situation of the Under Slieriffroold not
I shut the doorsof his min I against such impressions, what
must be the effect on others, whose minds, it must be
primed, were less disciplieed by reading and reflection,
tired that of the Gentleman he bad named,
Me. PLATT followed on the same side. He contended
that the influence of these publications was not confined to
any one spot, but extended to the whole kingdom,--If the
neighbourhood of Gill's Hill Lane were poisoned by them,
so mast the whole county be, and thence must they carry
their reasoning to the whole kingdom. It was the danger
of an unfair trial, and not the certainty of it, that be made
hie application upon, in order that every means might
be nto ensure to the ad ministration of justice every
s. He was the more anxious en this subject. be-
awase, his Lordship well knew, 'a avail/ and speedy
••••••l 0. awaited the conviction of these unhappy men.
em plpportion, therefore, to the magnitude of the evil,
ellitended the public mind ought to be satisfied
the manner in which the conviction should be ob-
• that the minds ofthe Jury should be unbiassed.
' nuke PARK bete stated that be had yesteriny most
declared it to be his opinion, that publishing
ore trial, especially when comments were made,
a. high misdemeanour, and punishable by fine and
41,
117 sessnent. He bad stated this, nearly in these words;
ice of most of the persons then within hearing;
sot bably within the hearing of the Learned Counsel.
• ilitrrir resumed. Hs bad no doubt, his Lordship's
Oisenations upon this subject were not made without effect.
Os the iftssition front passion to coolness was not so sad-
ists, WI probably one half of the Jury present that day
Lens thing of his Lordship's exhortation. He would
r e munition to he case which he was relating. le
* -34. Jusdce.illiegiorgool the reseal Load Mk(
•Teistioelrod promulgel thudera
pist*. winch he (II e.
gg ag for his Lordship's adeptioo.
iterultice BATIAT said—l think the ride Ongbt
made absolute; for there is nothing more importhnt than
that Jurors should crime to the trial with minds unprejaL
diced. There Ire too many dancers attending the publics
lion of information affecting prisoners, that it should be'
tolerated by the law. A detail of the conduct of the partial'
cannot fail to have an influence over the public mind ; it is
most desirable that a Jury should have no es pare account
laid before them prior to the trial, when they ought to
form their opinion from the evidence adduced, and that
only.
Chief Justice AnnoTT said, that every one who attended
to the operations of his own mind, must be aware bow
difficult it was to overcome the influence of preconceived
opinions, especially where the passions were excited. It
was, therefore, most necessary, that no previous publication
should be allowed, which was invariablyonore mischievous
wlienaccoinpanied by comments. It appeared, then, that
the ground upon which the Court proceeded in granting
these rules was, that Juries could not be brought to trial
unprejudiced. He read these opinions to show the ride bf
law, which decidedly depricated as unfeeling and unmanly
any conclusion obtained by au es-parte statement of circum-
stances. He would next bring to the recollection of his Lord
ship a ease in which the prosecutor interfered, and he did
think his Learned Priem!, with the feelings lie possessed;
would prefer moving that the trial should be thought
instrumental in en unsatisfactory conviction and execution:—
Ile quoted also the case of "The King v. Joliffr," where the
trial was postponed on the ground of publication in a news-
paper, though there was no proof of the Jury ever haying seen
the publication. There were other cases of a similar nature,
where the trials bad been postponed on the ground of publica-
lions. la this case the one publication a7out Gill's hill cot.;
tage, doubtless had teen read by 50,000 persons; he doubted
whether there was one on the Jury who had not read some of
the publications which had gone before the world, to the pre-
judice of the prisoners.
Mr. Justice Paaa.—But suppose this trial were to be post-
poned, should we not be compelled to have the same Jury, or
rather a Jury from the same neighbourhood, and against whom
! the same objection might lie

STDMIT . disd

.r.. ~_~_

la min M
!•‘-.1

Mr. Carers admitted the truth of such observations In some
degree; but delay would enable the public mind to be more tit
for unbiassed Investigation of charges ou which the lives of
human beings depended. A postponement would accomplish
such object; and it was very natural for the ends of justice,
after what bad passed, that there should be, not merely a fair
and unbiassed trial, but one that would be beyond suspicion in'
the public mind. Where delay had been applied for ill another
case, Lord Coke bed been well quoted; where he observed,
I that pure end impartial justice was so important, that where it
could not be obtained at once, delay would be desirable, for
though justice might be delayed, It could not eventually be de-
feated. He (Mr. Chitty) trusted that his Lordship would think
that they had urged sufficient grounds for postponing the trial ;
was it not horrible to think of the stories that had been circu-
lated about the prisoner John Thurtell, about his seducing
wonseN going about with a sword stick, ao airgun, &c. ; could
these things be thought of with patience, when it was known
that the lives of individuals were affected? (Mr. C.'s fee logs
were so overcome, that he could with difficulty proceed.) lie
could not contemplate them without the most painful feelings.
Several persons here rushed into the side gallery, which
confusion called forth the warm remonstrance of Mr. Jas.
tice Park. His Lordship observed, that if they did not im-
mediately retire, he would have them immediately commit-
ted to prison ; and if that were the case, supposing he post-
poned this Commission, he could promise them that they
would remain in jail at least one month.
Mr. Csirrry (order being restored) made some further
observations, and trusted, that for the sake of justice, u well
as humanity, the trial might be postponed.
Mr. litinNey rose to reply. He appeared there for no
party—lie appeared there fur the Crown. He contended that
ground for delay hid not been adduced. Mr. Jay, when it
was known who he wa., that lie really was the attorney of
John Thurtell, experienced no obstruction. The ends
of justice did ILA require the postponement of the trial.
He agreed ist the ;Tinted that justice should nut merely

ejoi.ft..
IQ. .. 1' ''.
' , . •
10 a .: .4- . j --, •iti'-; :: i '
.. _ ilrea • 4:- • —.4ImogimiIIPIOPINIIMININNIN,III.II. .
RDA YI Died ESI B E it. $, 41828';' • • ' ' •