The Statesman.
London, England, 1820-07-10 00:00:00

HIGH TR EJSO N .
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STIRLING, .11ut.r fi.—The Court of Oyer and Ter-1
miner, consisting of the Lord President, the Lord
Justice Clerk, and the Lord Chief Baron Sheppard,
resumed its sittings here to-ilay at 10 o'clock, for the
purpose of arraigning the prisoners, against w!:ons true
bills were found on the 23•1 ult.
The list of the (hand Jury is as called over, and the
prisoners in the Bonnymuir ca,r, IN in uuwlwr, were
then brouglit to the bar.
The iderk of arraigns read the bill isf
and required M'Culloch, the prisoner first in this list,
to enter his plea of guilty or not guilty.
Mr. Horn CVLLIM now rose and stated, that he was
desirous of making some observations to the Court be-
fore the prisoners were called on to enter their pleas
of guilty or not guilty, because lie bad a plea its abate-
ment to urge. lie began by stating, that he hoped,
from his ignorance of the English law and of its forms,
he should receive the indulgence both of the Bench
and of the Bar on the other aide, while he proceeded
to make the few observations which he considered it
his duty to do in behalf of the panels. The plea of
abatement was founded on the statute of ;

cap. 3, and resolved into this—that the place at
which the treason charged was said to have been
committed, was not specifically m,e►►tioned in the in-
dictment. Hy the first overt art of the first count,
the prisoners are charged with aseenthling on the lit
of April, " with force and arms at the parish of Fal-
kirk aforesaid, in the county of Stirling aforesaid."
He argued, that these words, " at the parish of Fal-
kirk," were too indefinite, and that the special rillc or
hamlet where the prisoners did assemble, ought to
have beet' mentioned. That there were several rifles

or hamlets in the parish of Falkirk, and that it was
impossible. to discover from the indictment to what
place the charge was meant to refer. la support of
his objection, the Learned Counsel referred to Haile,

vol. ii. p. 190 ; Hawkins, R. ii. e. 23, see. 92, and JR
e. 25, see. 94 ; and the case of Wilson against
Lawns, tried in Trinity Term, 6th Williams and Mary;
Selkin's Reports, vol. i. p. 59 ; rhitt) on Treason,
vol. i. p. 197; Starkey, vol. i. p. 59, as 'honing that
when the indictment is general as to the place, the
law presumes that there is only oar villa in the parish.
That in the parish of Falkirk, as there were several
vines, the inference was, that the indictment was in-
sufficient. He urged this objection with mach diffi-
dence; and be touched in appropriate terms upon his
own inability to argue in a matter °fistula importance,
but that he bad been induced to state it, from the Lin-
page of the authors to whom he had referred.
Mr. Serjeant Hrt.Los s anAwered, that if the crane
was wrong laid in this case, he would put it to the
Learned Lord (Chief Karon), whether there had ever
been a meant correctly laid in the course of his Lord-
ship's practice? It was held sufficient in Ragland
if the mute was laid in a county, without specifying
any parish or rills. The author,' cited by his Learned
Friend, he contended, were mere compilers of what
had at any time been stated before a Court, and
that the objection was merely the lime digit of certnia

young lawyers, without its bring drew effect to by a
decision. Mr. HuHoch recurred to the C 1154. of Wilsou
v. Laws, cited by Mr. Callen, to show that it was not
applicable to the presort case. limppoehig that the
objection was good, how, said the Learned Serjeast,
could it be given effect to ? It %apposed the existence
of silks or townships, which, in fact, did not exist is
Scotland. A few houses connected together is the

parish of Falkirk by no means constitnted a vide or
township, and, were the objection taken, who conld
put In an affidavit of such in Falkirk when no such
thing was in existence ? This bring the ease, then,
the arguments failed, seeing the fabric was bail. The
practice of framing indictments in terms similar to
the present one had invariably been acted upon, and
he had never before heard of an objeclion of this de-
scription being stated. The Learned Serjeant then
quoted a number of eases to show that it is a :efficient
pence, if the parish be mentioned, without specifying
the particular place in that parish, and he quoted the
cases of Brandreth and Thistlewood, in 1817, and ,
Thistlewood and others, in 1820.

Mr. Cut Leo rose and said, that in place of meaning
to reply, he merely rose to say, that be was se mach
convinced of the eorreetnetts of the Learned Serjeant:s
argainents,that be did not mean to insist on the ob-
jection.
The Loan Cuter RAIN complimented Mr. Culkn
on the manner is which he bad stated the plea, and
considered that he bad done right in stating it. Ws,
Lordship's opinion was, that the objection use not
good, and that notwithstanding the authorities quoted,
the plea would in 'modern times have hewn overruled in
Bogland if stated.
Mr. CiAtnx intimated that he withdrew the plea.
The Clerk of A rraigns.—Thonias M'Culloch, are you
guilty or not guilty?
Prisoner.—Not
Clerk.—How will you be tried?
Prisoner.-Byffilt trait mi county. •
Clerk.—God send you a 'rind deliverance.
The same questions and answers passed between the
clerk end the other seventeen prisoners, and the whole
procedure was gone through is the usostsormisnisanser.
The Loan PRZOIPSIST thereafter intimated to the pri-
soners, that their trials would owe eat on the 13th inst.,
at nine o'clock in the morning. They were then re-
moved from the har.
The Camelot, St. Nistians, and Balfron prisoners, are
to be arraigned to-morrow; and the Grand Jury were
directed soin to attend at ten o'clock, in case of any
I objection Wag started to the indictments ; till which
time the Court adjourned.
The prisoners looked and conducted themselves re-
' spectrally towards the Court, showing neither symptoms,
lof agitation nor those of indifference. They were all
cleanly, and looked fully as well as on the day when
the Grand Jury found the bills. Baird, whose manners
seem to border on politeness, was dressed in a grey
loured 'retold, and his linens quite clean, and in
good order.
' Sir Patrick Murray, one of the Barons of Exchequer,
was present on the hooch.
It is understood that Mr. Jeffrey has kindly toady-
wended, along with Mr. Callen, to take charge of the
dormice for the Stirling prisoners.

TW three Regiment, of ()oar& ere to be reviewed
M Friday melt. i• Hyde-perk, by hie Royal Highness
the Ceatmaoder-te-ebief, sad several other diletip-
gaished Diem,

Ai -41111i4E _

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