The Statesman.
London, England, 1815-03-28 00:00:00

MANSION-HOUSE FESTIVITIES.

Yesterday, according to annual custom, several
of the Aldermen, the Sheriffs, Chamberlain, Recor-
der, Town Clerk, City Remembrancer, Comptrol-
ler, &c. &c. assembled at the Mansion-House, and
accompanied the Lord Mayor in procession to Gllrist
Church, Newgate-street, to hear the Spital Sermon,
hich was preached by the Bishop of Oxford. The
procession afterwards returned to the Mansion.
house.

The Lord Mayor gave his annual dinner, and the
Lady Mayoress her annual ball, at the Mansion-
House ; which were, as usual, attended by a great
portion of the beauty, rank, and fashion of the me-
tropolis. Among the distinguished personages who
honoured the Lord Mayor with their presence at din-
ner, were—the Duke of Somerset, the Earl of
Mountford, Earl of Breadalbauc., Lord Lynedock,
Lord Nugent, the Dean of Winchester, &c.
The company sat, at about six o'clock, down to
a table covered with the delicacies of the season, and
on which was displayed all the magnificence of civic
hospitality. When the cloth was removed, Non
vobis Dominc was sung in excellent style by Messrs.
Leete, Bellamy, Pyue, Tyrrel, Broadhurst, turd
Taylor.

The 1'4,4 toast was " Church and King," which
was received with considerable applause. It was
followed by "The Prince Regent," but the appro-
bation expressed by the company did not appear to
be so strong as on former occasions. 66 The Queen,
and the rest of the Royal Family"—" The Duke of
York and the Army,"—and "The Duke of Clarence
and the Navy," were drank with repeated cheers.
The Loan Masrott then rose and observed, that
after the above toasts, a more proper time could not
he chosen for a ceremony which would peculiarly
gratify the company present—he meant the presen-
tation of the Freedom and Sword voted by the City
for the services of Loid Lynedock.
The Chemberlaio and other Officers then ascended
the platform of the throne, which had been prepared
at the time the Prince Regent, the Emperor Alex-
ender, and the King of Prussia dined in Guildhall.
They were followed by Lord Lynedock in full uni-
form, with his military decorationsf•rd the usual
oath of freemen, to protect the rights and liberties of
the City, was administered. The freedom, in a
gold box that had been made for the purpose, and
the splendid sword that had been voted at the same
time, were presented to the gallant General, who,
in a short address, expressed his gratitude, and dis-
c!aiined any further merit in the successes that were
thus rewaraed, than that which belonged to every
warm and zealous soldier in the British army. He •
accepted these welcome presents, not so much as re-
wards
that he had merited, but as rewards that lie
would endeavour to deserve. This speech was re-
ceived with the loudest opplauses. •
After a variety of glees, songs, and the customary
toasts, the health of the Lord Mayor and Lady
Mayoress were proposed by the Duke of Somerset.
His Lordship expiP .sed his pleasure at thin presence
of so many of his friends, as well as at the honour
done him by individuals of the highest rank, who
had condescended to gratify the city by their presence.
He was aware that his conduct upon recent occasions
had been much blamed, but most umieserred!y. si:tce
he had only acted ns became the ii,i!ottant office he
held. While in this responsible situaticu lie would
never shrink from the duties that twei-oiged to it,
however unwelcome they might he to others, whom
he felt eenerally inclined to suppoi t as the friends of
the Constitution. But al:ho4li he had been un-
favourable to the measurc they had supported, lie
had always felt the utmost disgust at the mode in
which resistance was attempted to be given by public
disturbances and flagrant outrages ; and he was
happy to say that none of this misconduct had been
exhibited within the populous district over which heir
presided. The opposition in the city of London had
been strenuous, but it had also been, as he hoped it
always would be, constitutional.
Great applause followed this address.
Lord NCGI:Nt, after a brief and appropriate in-
troduction, proposed the health of the Civil Officers
of the City of London, which was received with
warm acclamations.

The Lord Mayor retired (the Ladies having some
time withdrawn) at about 10 o'clock, after drinking
this concluding sentiment—" Union of sentiment
and union of action—the boast and safeguard of the
British Empire."

The dancing commenced shortly after ten o'clock.
The Ball was opened by the Envoy from the Court
of Baden and Mrs. Birch (daughter-in-law to the
Lord Mayor), who wore a very elegant and splen-
did dress of blond lace and flowers. Feathers in
tine hanging plumes were worn by the Lady Mayoress
and many other Ladies. The dancing was continued
until a late hour.

PUGILISIW.—Satprday morning, at six o'clock, a
pitched battle was fought in a field near the Sir
George Whitmore's, at Boston, between Samuel
Bottomley, a brick-maker, and Townsend, a carter,
for 21. a side. Victory was declared in favour of
Townsend. They were both so shockingly bruised
as to be conveyed to their habitations by their re-
spective friends. A great deal of money was won
and lost upon the occasion.
PEDESTRIAN FEAT.—Mr. Brooke, an Officer in
the Royal Regiment of Horse Guards, undertook,
for a considerable wager, to go from Windsor to
London, on foot, and return in ten hours. He
started from the barracks, on Saturday morning at
five o'clock, and returned to the same place at 25
minutes past two, having 37 minutes to spare. Bets
were considerably against the performance of the
undertaking.
The unexpected meeting of two countrymen in
Corollal produced the following curious conversa-
tion :—" Why, neighbour, what in the world could
have brought you a matter of a hundred miles from
home ?"—" Nowolang it, Robert, if I an't a bit of
a mind to tell thee, as I ant sartain sure thou won't
forestall me ; I am just going to 131sn's to buy a
Ticket, for Dame tells me we be almost sure of get-
ting one of the Three. V 30,000 Prizes, as there is
such a mortal few 'rickets ; and harkee, Robert, if
so be we don't get that, we may chance stumble on a
Blank and gain a whole Thousand shining Guineas
next Wednesday, and Dame has given me leave to
stop in Lennon to see the upshot ou't.

THE STATESMAN.

ASSIZES.

YORK CASTLE, Meßcu IS.

TRIAL OF MR. JOSEP:I BLACKBURN, FOR
FORGERY.

The trial of this unfortunate Gentleman came on
this morning, before Sir Simon 1.1 Billie, when Mr.
Blackburn and Mr. Wainewright were placed at the
bar.—Mr. Blackburn was arraigned on two indict-
ments chirging him with forging and counterfeiting
the impressing of a certain stamp or die used to de-
note the payment of certain duties imposed on vellum,
parchment, or paper, and also with uttering the
same, knowing it to be forged, with intent to de-
fraud the revenue of the duties imposed on such
stamped paper and vellum. To these indictments he
pleaded not guilty. He was then arraigned on two
indictments, charging him with feloniously removing
stamps with intent to defraud the revenue: to tht se
indictments he also pleaded not guilty. He was then
charged in another indictment with the same offcnce,
and Mr. Thomas Wainewright, an attorney also of
this place. was charged with aiding and assisting in
the same illegal removal of stamps. To this indict-
ment bath the Prisoners severally pleaded not guilt•.
Mr. Wain4wright being removed from the trir, the
Court proceeded to the trial of Mr. Blackburn, for
forgery.

. _
Mr. IttcuAnnsoar opened the indictment, and Mr.
artdressed the Jury in the following terms :
" I OA also of Counsel ngai..rst the unfortunate Gen-
tleman now at the bar. This is a prosecution by the
Commis.oriers of Stamps, who in the discharge of
their professional duty, have thought it necessary to
institute this prosecution, and which they could not
have omitted to de, without a gross derelictjon of
the duty they owed to the public; they have no other
interest in it, and whatever be the event of this
day's enquiry, they will be satisfied with your deci-
sion. The crime imputed to the Prisoner by this
indictment, is not merely calculated to defraud the
revenue, but to affect the security of property in a
most serious manner. For if deeds, or instruments
for the transfer of property, have affixed to them
forged or improper stamps, they have no validity,
and convey no right to the parties in whose favour
they are executed. This consideration must at once
impress you with a conviction of the great import-
ance of the present case, as property conveyed by in-
struments, the most solemn known to the law, under
these circumstances becomes of no use, and the rights
of future generations may be affected by the crime
with which the Prisoner stands charged.
" It is, Gentlemen, with unfeigned concern that
I have risen to address you on this occasion. This is
the first time, do • ing a practice of thirty years at the
bar, that it has fallen to my lot to be concerned in a
Prosecution for felony, against any person with
whom 1 had any personal acquaintance. Mr. B:ack-
burnK I ought to say the l'risoner) I have long known;
he has conducted actions in which I have been en-
gaged for him, and others, in which I h .re t:.!n re-
tained by the adverse party ; and thoogh, whe.
heard the name, I did not know how to aifix it to the
person, yet now, when for the first time since this
proseent:on has been depending, I see him, 1 find
that I know the Gentleman perfectly %ell. At the
bar, we are however bound to do justice to the
coweitry- "Ind to the Crown, on whose behalf we are
engaged, and cannot shrink from the due perform-
ance of our professional duty, however painful to our
feelings the exercise of it may be. But the Govern-
ment, the Commissioners of Stamps, and those who
conduct this prosecution, are very far from having
any wish to oppress these individuals, their only
wish is, that justice should be done between them
arid the country, and this justice, I have no doubt,
will he done by you.
" if the Prisoner is guilty of the crime imputed to
him by this indictment, his guilt is greater than that
of any other individual, because there is no one who
is so much obliged by his profession to understand
the principles of justice. The very first rudiments
of his profession must have taught him the principles
of justice on which the law is founded, and his long
attendance at this Court, in addition to the sound
lessons of law which he must have heard from the
Learned Judges who have president here, must have
inforced, and ought to have confirmed those good
principles.

" Having made these very few preliminary ob-
servations, I shall proceed to state the nature of the
charge against the Prisoner, and the evidence by
which that charge is supported. The charge ag inst
the Prisoner is that of having forged, or caused to
be forged and counterfeited, the impression of a cer-
tain stamp or die used by the Commissioners appoint,
ed by his Majesty to manage the duties on stamped
vellum, parchment, and paper, for denoting the pay-
ment of a certain duty imposed by the 48th George
111. on mortgage deeds, which duties are laid ad va-
lorem, that is, a ratio proportionate to the motley
secured by such deeds. The money secured by the
deed which is the subject of the present enquiry, is
1801.. and the stamp required for this sum must be of
the value of 21. for in the seltedule annexed to the
Act, it states, that from 1501. to a sum not exceeding
2001. the duty shall be 21. The subject matter of
the prosecution is, that in order to evade the duty
imposed by this Act, the Prisoner affixed a forged
and counterfeited stamp to an instrument purporting
to be a mortgage deed—and also that he uttered or
published the same, knowing it to be false, forged,
and counterfeit. The Penal Act, on which this pro-
secution is founded, is an Act passed in the 52d year
of the King; entitled an " Act • for amending and
reducing into one Act, the provisions contained in
any laws now in force, imposing the penalty of
death for any act done in breach of or in resisOnce
to any part of the laws for collecting his Majesty's
revenue in Great Britain." In this Statute, cap.
143. sec. 7, it is enacted, " that if any person shall,
after the passing of this Act, forge or counterfeit, or
cause to be forged or counterfeited, any mark, stamp
die, or plate,which, in pursuance of any Act or Acts
of Parliament, shall have been provided, mad•, or
used. by or under the direction of the Commissioners
appointed to manage the duties on stamped vellum,
parchment, and paper, or by or under the direction
of any other person or persons, legally authorised in
that behalf for expressing or denoting any duty or
duties or any part thereof, /hid' shall be under the
care and management of the said Commissioners, or
if any person shall utter or sell, or expose to sale, any

vellum, parchment, or paper, &c. having thereupon
the impression of any such forged or counterfeited
mark, every person so offending, and being thereof
convicted, shall he adjudged guilty of felony, nta
shall sutler as a felon, without benefit of Clergy."
1 will now lay before you the evidence by which
we
_propose to esta4lish this charge against ttw Pri-
soner.

The evidence to this effect being gone through,
and the case closed on the part of e pr, secution,
Mr. SCARLEIT said, be bad two objections to
make: the first was, that the best evidence hart not
been given, that the two pound stamps bad ever been
used by the authority and direction of the C,,ermis.
sinners of the Stamps. Parole evidence had been
given of the contents of,a book which ought Ito e
been produced, and the rule of the law was not to
admit secondary evidence where it is possible to. ol:.
taro better; and he insisted, that as this book was
the nature of a written authority, to 'usso the die or
stamp for two pounds, it ought to have been pro-
duced. After an argument of cousiderable length,
his. Lordship determined, that there was sufficient
proof of the using of this die by the Coonnissioilers,
which was all that the Statute made necessary.—Mr.
Scarlett then proceeded to argue, that what the Pd.
soner was alleged to have done, was not a forgery,
insomuch as it had not been proved that the stamp
hid been altered in any material part. It was incum-
bent on the Prosecutors .to have shown by evidence,
that this stamp was not originally for two pounds,
and that it was not a re-impression of, the same shill
it formerly bore, and which on the part of the Pri-
soner it might be assumed to be until .the contrary
was proved. The Learned Counsel put the case of
a person who might obliterate the word- five in a
Bank.note by desicu or accident, and should re-im-
press it with the same word, this he contended would
nqt be a forgery, because there was no alteration of
a material part, it remai*4 of the same value as
before. Mr. Scarlett dw t upon this objection a
considerable time, placing it in various points of
view, and illustrating by reference to cases of a si-
milar nature.

Mr. LITTLEDALE and Mr. WILLIAMS followed on
the same side.

Mr. PARK, in reply, contended that the forgery
of the denominating part of a stamp, was considered
in lawns much a forgery, ,as if the %hole cleric,' had
been counterfeited, and mentionNl the instance of a
person i'.7ho had been convicted of forcing it medicine
stamp. _ _ _

Mr. SCARLETT, in reply, insisted that Mr. Park -
had not touched his objection. Mr. P.'s argument •
was grounded in the supposition that a material part
had been counterfeited, and which he agreed %WI
him would be forgery; but in this case- :le contended'
there was no proof, that any material part had beets
altered. His Lordship said. before it was ttece‘sary to .
consider the argument of the Counsel for the Prisoner,
it should he proved that the stamp in question, hail
originally been of the value of two pounds, as this.'
material part of the stamp was proved to-be false and
counterfeit, the burden of the proof, that it was ori.
ginally of the value of two pounds, lay upon the Pri.
Boner. Ile could not, therefore, on these objectiohs,!
stop the cause from going on.
The Prisoner being.called upon for his .defence,
addressed the Court and Jury in nearly.t4 following
•
•
terms :

" DILLY IF PLEASE TOUR Lounsnip!-- . ~
" GENTLEMEN OF TUE JURY,-4is the painful anti ,
1 anxious situation in which I am unhappily placed,'
. I am ill fitted for the task of addressing you on this?
occasion.—Agitated as I am between hope and fear:
I can only solemnly assure you that I never forged
a stamp in my life; but the public mind has beer(
prejudiced against me by unfounded reports, and ad:.
vertisements containing vile insinuations against me.
But, Gentlemen, I entreat and charge you upon -
your oaths that you banish all that you have heard
out of the Court from your minds, and all that I
have to wish from you is, that you be influenced on-
ly by the evidence, and that you will do unto me as
you would wish to be done unto you, were yois
placed in my unfortunate situation. I have prac-
tised as an attorney among my townsmen and neigh-
bours- with credit and respectability for 27 years:
you will hear from them, upon their oaths, the cha-
racter I have maintained during that period. In
making my defence, I have many great and insuper-
able difficulties to contend with : I am called upon
to furnish an answer, and that by evidence, aeainst a
charge which I never heard of until I entered this
Court ; for until I heard the indictment read I had
no knooledeo of that which they have imputed to
me by this indictment, of course it was absolutely
impossible for me to be
.prepared with evidence to
rebut the charge. With respect to the deed in ques-
tion, I know nothing of it, it has been long out of
my possession, and it is clear by the evidence of the
witnesses for the prosecution, that it has been very
much exposed. I would only observe, that if it and
not had a regular stamp affixed to it the engrossing
clerk must have seen it, and it must likewise have
been observed at the office, when the deed was re-
gistered. When my house was searched ray account
books were taken away, which has deprived -ne of
all means of tracing the deed in question, or of prov-
ing where the stamp was bought;• I had therefore on
clue to direct me in my seateh. With respect to tl.e
spoiled stamps I would ohOfve, that they have lairs
by me a long.time, and that the period for claiming
the allowance for them had long elapsed. It often
happens that after a deed is engrossed the executkot
may'l, delayed a very considerable time beyond mile
peri,.d allowed for claiming the allowance, and if ul•
timateiy it mould not he executed the stamp would
be entirely lost ; this wilt account for the spoiled
stamps, which in a long series of.time have been ac-
cumulated.. I declare to you, Gentlemen, that this
deed in question had upon it a regular stamp when it
was executed in my office, and I trust you wi I net
presume any thing against me ; that you will attend
only to the evidence, and that you will decide upon
my fate with the same candour as you would wish,.
in similar circumstances, to have shown to you.—
My life is in your hands. I shall bow with resieem.
tiun to your decision, and 1 trust that that decision
will be right."
During the delivery of this address, and partici'.
larly at its close, the whole Court was moved to
tears. The solemn and impressive manner of the
Prisoner, the rank in society from which he ila4l
fallen, and the perilous situation in which he stood,

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