The Statesman.
London, England, 1820-05-08 00:00:00

COURT OF EXCHEQUER, MAT 6.

nzeoo:vica:vces.—TlLE li INg V. REST ♦?D OTHERS.
Sir Wu. OWEN moved the Court to set aside the
reeogaisaneen of the defendants in this case, which
had been estreated at the late As‘izes for the county
of Norfolk, held in the city of Norwich, in conse-
quence of their not appearing to prosecute a prisoner,
who had been committed to take his trial for horse
stealing. This motion, the Learned Counsel stated,
was founded on seieral affidavits, from which it ap-
peared that the defendant West, was the steward of
Lord Albemarle, and that the other defendants were
tenants of that Noble Lord, and witnesses to prove the
felony. The horse in question was stolen in Norfolk,
and carried into Suffolk, where the thief was appre-
hended. 'f he parties attended before a Magistrate in
Suffolk, to give evidence, and the thief was committed
to trial. 'I he Magistrate, however, intimated that he
did not know whether the man would be tried in
Suffolk, or be removed to the county in which the
theft had taken place. At the approach of the Assizes
the affidavits went on to state, that Mr. West and his
witnesses proceeded to Ipswich, where they were told
the men had been discharged, and under that impres-
&inn they did not go on to Norwic.►, to which place
he had actually been removed. In consequence of
their not appearing, the offender had escaped the hands
of justice, and, according to the due course of law,their
recognizances were ordered to be estreated. The main

grounds upon which they rested their prayer to have
this order set aside, was, that they had acted under a
misapprehension, and from no desire to screen the de-
linquent from that punishment to which he had ex-
posed himself.
The Cuter BARON, upon reading the affidavits, wee
of opinion that it was a case of gross negligence. The
prosecutor should have made the necessary inquiries,
and not hare suffered the due course of justice to be
frustrated. It was the practice to pursue poet persons
who had been guilty of similar carelessness, and to
plush them fur th4fr misconduct ; he saw no reason,
therefore, why the same course should not be adopted
with regard to the present applicants. The Court
could grant them no relief; and the Learned Counsel,
therefore, would take nothing by his anotiou.
he recognisances were 5411. on the part of Mr.
West, and Mit. on the part of each of the witnesses.
This decision will show to prosecutors in the country
the necessity which is imposed upoe them of assisting
the administration of justice by every proper diligence
on their part, and will prove that where they omit to
exert that diligence, no ordinary excuse will relieve
them from the consequences which follow.
The Court rose at half-past ten.
The following verses were written by Brunt, In
Newgate, on Sunday evening before his execution,
after taking leave of his wife; they were enclosed in
an envelope, wbich was a to his wife ; it con-
tained also a aMiling, the het farthing he possessed,
and he requeiled his wife to keep the shilling, for his
sake, as long as she lived:—
" Tho' in a cell close eitellaite".°
No fears alarm the noble Weil;
Tho' death Itself appears brview
Deems net the soul sincerely true t

" Let •ideeoeth sad his base CAM
POI* sad plot their dash
gout sash Mist WOrk
Oti t give as diali or MORI!
14eagita Apra Oth IWO." "J. t.