The Statesman.
London, England, 1820-05-11 00:00:00

Ttir sTAITsMAN,

correct than the Learned Judge's general recollection
of what passed ; but he would beg leave to state his
Lordship's words from the short-hand writer's notes.
The Cisme JUSTICE.—We cannot hare a motion
made to us from the short-band writer's notes. You
said very correctly in the outset, that you would speak
from muenwry, merely refreshing your recollection by
those notes.

Mr. Dasta•N resumed and said, that the Learned
Judge, in commenting on the words of the libel.—
" This, then, is the answer of the boroughmongers to
the petitioning people ; this the practical proof of our
standing in no need of Itrfurut—these the practical
blessings of our glorious boroughnoinger domination—
this the use of a standing assay in the time of peace"—
asked the Jury whether these words did not apply to Go-'
rernmeut, and if they did not, to whom did they apply?
These, he (Mr. I)) submitted, were words of doubt and
ambiguity, and ought to have been explained by an
inuendo, and not left to the judgment of the Jury by
means of argument, observation, and inference. '1 he
same objection applied to other parts of the Learned
Judge's charge, and the question was now raised for
the first time, whether words, ambiguous in themselves
as to their sense, could be explained by a Ju lge to the
Jnry by argument and inference, without having re-'
course to an inuendo, so as to give the defendant
charged with publishing a libel an up;.ortunity of
showing that hr had net the intention imputed to him
by the information.
The Cotes Jun...mt.—There is no need of an inn
endo where the matter speaks for itself.
, I
Mr. Derrnms.—The Learned Judge adopted toe
King's Si rjeant's opinion—that the meaning of the
words might be made out by argument ; and ref. rring
to such a test, the only meaning to be attributed to
these words was, that the Government was meant.
submit that the meaning of doubtful words is not to be
made out by inference and argument, and that it is
clearly necessary an inuendo should accompan... the
doubtful expression.
Mr. Justice Bar Lxv.---The want of an inttendo iil
properly a ground fur arresting the judgment, and not
fur a new trial.
_ _

Mr. DENMA N, in answer to this cri. serration of the
Learned Judge, said, that as the verdict toad been
taken generally upon the whole information. an objec-
tion for want of an inuendo as to part nould not avail
the defendant, because be might be told that the eel-,
dente was sufficient to sustain the remainder of the
charge, anal so he might be subject to judgment. The
materiality of an inuendo in this rase ronsisted in the
u ity of stating distinctly on the record the inten-1
tion to be imputed to the defendant in publishing the
libel, so that he might rrbnt by evidence the character
given to the alleged crime by the prosecutors. It;
ought nut to be left to the mere surmise or argument
of the Judge to give a construction to the defendant's,
intention, which irobribly sorer entered in his mind.
Unless the averment* in the,informatiou were sus-
Itaint's' by apt lane:ho, th* defendant would he utterly 1
at a lobs tb meet the chstgeimputed t..• him, sad whets'
' too late he might be subjected to the ronstructiun
i which a Judge might put upon his lutentiorrt. For
Instance. the Attonbertienevol who Med tile Morass-
iikgraight put a very different construction upon the
object afshe libel from that which might occur to the
mind of the Judge; and therefore it was absolutely
necessary that the defendant should be previously is-
formed of the character and constrectMn which was 1
intended to be attributed to the libel, before be was
called upon for his defence. After some further its,
gemitms observations on this point, the Learned Couti-
, eel recurred to his second objection. It appeared that
the Learned Judge had rejected the evidence tendered ,
by the defendant touching the transactions referred to I
in the alleged libel; but his Lordship, in summing
up, made some ebeenations which went to take it for
pasted that the rejected evidence had been received,
,but had absolutely failed of its object; whereas the
fasts refereed to were not proved.
I Me. Justice Balr.—.Some of the facts that were as-
! sensed tubs true in the libel, as coming within the de-
fendant's knowledge, it was impossible, from his own
statement, that he could know. Ile cou:.l not know
of his own knowkdge that there had been the mas-
ucre, which he described. 'I his was what I Entre:,
and I stated nothing out of the paper its..lf.
Mr. DSNMAN adverted to the notes In his possession
of the Learned Judge's summing up, and admitted
that this objection was rather a branch of that which
was still reserved for the consideration of the Court.
ea to the rejection of evidence touching the conduct
of the yeomanry at Manchester. Upon both the
points, however, he anticipated a favourable judgment.
'I he Junnas delivered their opinions seriatim apes
the first point, reserving the others to he considered
with those submitted when the 'notion fur the new trial

woe lest made. Having no doubt upon the first, they
thought it the best merge to dispi.sc of it now. It
appeared to their Lordships that the greater part of
Oat the Learned Cosumel had urged in *apron of his
lint gi;inud, was more applicable to a elution in arrest
of judgment this to an applicatien hp a new trial.
Imltatitsg, it,wevec, to the chargir apt& khe informa-
tion, fit seemed that the olinercatious of the Learned
Jeulge at the trial were perfectly well werranred. No
inured. was necessary-to explain general matter. Gr-
imes' words were to be anasidered by themselves, an-
emiiing to their plain ,and intelligible meaning. It
was only particular fasts or doubtful circumstances
that required an iutteacio. The Learned Judge had
desired the Jary to look to the whole of the libel, nod
collect from that whether it was or was nut of and
neererning the Uoversmeat and the King's troops.
He could do no more nor no less than that; and Is
we. gaits a new doctrine to say, that a defendant was
entitled to a new trial, became', of some partieular pee-
sage or expression in a Judge's shame which might
toe happen to be strictly borne oat by tic case nadir
coosideration. It appeared to their Lordships that
His ease of the Kin cr. !leer, in Cowper's It ports,
was $ deelain ashitovity in answer to the eidoctioo
owe takes. The other point wonW be reserved.
CRININaI. anroanatio.v.
Hr. W. 11. Tao:noir moved See 6 rsll to show MOB
why a criminal infeensatioo Mesh' east be Sled against
cereals landholders of the popish of Hartley, hi Oleo-
aefeershire, fee • combination to Seep the Rev. Mr.
Cierlsigteek the.Yleir of the parish, to taw dikes is
ii..jossliar sal seitellai-osamort. ILtajer 'be
.eit:tais-
soma* 15astd,thictstart vlk s. 'E rp to am nese.

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