The Statesman.
London, England, 1820-02-11 00:00:00

._.~

• N.
„el

:11•,7

• a

• A

-- -
moot iftmitMore." He aim referred to tiotallrimad •
ease 11 thei Qum v. 304:„.104:
Joaraahr -111statellirtamoos, 148 C He
if the paseeaters of this information disposed the
t till chlipea Isitr:rtardefendenta, the. poopprirtoth
owe: oligilde mode of the. inertia* was to Pig
en maims of magas.; bat eras never heard of that a
criminal Leformodoo was resorted to for the purpose of
determine pea a chi*. The Learned Counsel referred
'with his natal insenultv to the ease of the Kiag r. Quist
and others, published to the late posthumoas Reports
of Lord Kenyon, Iftel. Dion which this mistime was
founded, and 'contended that that case did not at all
support the application, because there Mr. Justice Foster
was dissentient, and it appeared that the oily act of
violence imputed to the defendant was, shame, at a
City aieetiat ei thlfstrd. There tut rlal tit woo
set apt here there was; had therefore, on gonersl
grounds, since the statute of William, this was Dot a
a case in which- the Court would interfere be criiitietal
information, unless it could be shown that the oonJuet
of the defendants endangered the public peace. The
Learned Counsel then adverted to the imputation of con-
cert between the defendants in the transaction alluded
to, and contended that there was nothing in the protects-
tor's affidavits to show that that part of the case coald Fee
supported. Whatever of concert appeared, was only to
be collected from the defendants' own admission, which
they candidly avowed, in so far as respected what they
considered to he a couscieutious assertion of their rights
and privileges. Upon the general question of the right
of free discussion in assemblies regaled', convened, lie
urged, with great eloquence, the necess(ty of preservine
it inviolable, as the safety valve by which the agitatru
feelings and sentitnents of the people were allowed in-
dulgence. At the utmost, this was a question as 14, de-
gree of supposed criminality, for, supposing it to be ad-
mitted, as it must, that the defendants could not be cri-
minally answerable fur what passed in the kose fide ex-
ercise of their rights in Common flail, where was the
Court to draw the line? When could it be said that a
man was criminal and when innocent? As to the pre-
sent course of proceeding, it appeared to have been re-
solved upon Without the concurrence of the Court of
Common Council: for it was sworn, that by an unani•
we us resulntlun of that body, this application was di:.
claimed on their part, austuus, nu doubt, to preserve
what they knew td be the privileges of the Livervmen,
and, ealous of the rights upon which they felt that the
dignity and rank of t City of London depended. Hy
an unanimous resolution of the l'utmaton Council, the
City Solicitor was forbidden to have any thing farther
to do with the prosecution, and it was now car-
ried on by an attorney, with whom the Corporation had
nothing to do. Looking, therefore, to the present tem-
per of the times, the Court could Not but view with jea•
lousy soil distrust a course of proceeding which trtoled
to keep alive waystem of crimioatiou an 4 recrimination,
and engeider the worst feelings of which human carer.
was saseeptilde. If a reed 'tweet trigstgilphpoonotkitg.'

rm. gi7 - -yrnremv Immo-lusty, nossiang manna
afford a inure ready device than a Compliance with this
extraordinary application. The Learned Counsel then
addressed liiisiself to the nuuserons affidavits on both
sides, there being thirteen in support of the mottos, and
twice that number for the defendants- With respect to
that of Mr. Alderman Atkins, he contended that that
gentleman had sworn to farts which it was utterly im-
possible fur him to know of his own knowledge. He
had sworn that the alleged disturbance of the elertion
had prowedeil from a pre-conceived plan on the pa., ut
she defendants. This was a pretty strung oath, cote
sidering that the IVortliy Magistrate had no means: of
lsnowledgr neon the sit hjrct but that of hearsay and run
jerture. 1 his affidavit, and that of the Marshalnian
named Nevil Brown, Here positively contradicted its all
their material particulars, and showed how fall:trims.
the stateusenes of the deponents were upon what they nn-
dertook to swear with so much apparent solemnity. The
Learned Usininiel proceeded to point out in detail the
particulars of these affidavits, and contrasted them
with what was sworn in the affidavits on the rut
of the defendants, showing that the former were ese
titled to no reedit o hate%er. lie stated that the Livery-
men were extremely anxious that the Livery slinuld
give ass opinionn un the transactions at Matich....trr,
and wished the Lord Mayor (Atkins) to convene a.
1..' Hall for that purr"... ; that he declined
to do so ; Ili it among thew here Messrs. Hurt bes,
Fear,sts, Stevens, k'., and that he verily lielirveil•
the delay and obstruet,oi on the 29.1 s September, pm-
ereile.l ir a pre-csoiceirell union aou.ng the peOptr
whit had signed the te.ittisi:ion, and When*, to attain
;hat whiels hail been formerly refused. This was his
view oh the probability At the uircuiustsue.es, and Ibis
was Cyr:4lllly a pretty strong oath.-3lessrs. Brown.
Rollin ell, Turner anal Ifibiss, swore that they _verily lw-
lievell Jl4llll had been laid by alessrs. Thump-
son, Fearon and Stevens, nr sonic of them. Three
them did not mention the name of itiotristead. Brown
snore !hat on the isiornieg of the 29th September, Mr. ;
ikramitille delivered certain printed paps rs or hanslhili-
to one I Pea tie, to he distributed. litircouilie swore, that
he went into Cour:, in company with Mr. Coates, and
that be ilia not give any papers to Deane. Coates and
Deane rotifirmed this stafroonst On oath ; ilki the three
positively declared, in their atiilavits, no ands thing lied
happened. Mr. Coiiingridge deposed, that during some
part of the slum alien the obstrartion took place, Mr.
Aire stoo 1 a-r.--s the pit where the election boart-
were kept, and *lama person of ,he name of Hill asked
him os VII away, that he might get at them, he (Mr. Hnr-
turnossi to orpiment, and asked him, Isavl
been any oilier to that purimee C when he -cud not. flit,
also swore that he had received sin order; so that with
respect to Mr. Htireoteth.-, he had du slodhe but that the
ride most be olisrhareed.

The ;ant:wit of 31r. Brow*, one of the Marshal,. env-
wised so muds irrerafent matter, tha. it was elifbotit
s•lect from it what bore upon the rase.
After staling a nitioher of usionte p..rtienlars, if pro-
ceeded to say, that when the lord 31avor and the whet
Aldermen retired, Alderman IVaithiti.iii came forward in
front of the hustings: whereas, it was -sworn by himself
and many other per-ums, that hr had Kune behind, ant!
dial nut some forward till he saw Brown offer violence
to Mr. Tho:opson. Brown al.o vwore that be
Thompson lay his h-ind on the Colo it:m Srrie:srot ; 41
which he interfered but the COI kkkkk on r-erjeatit oid twat
tt all initifirui this ,ta:emen: 3laitv of the aliidsvi.s
showed that not a blow was.strnek ttr.ina beginning
end. Sheriff Parkins swore posi•ively that hr -ha •
no (.11e1 rt whatev..r with the other pries; that be
,wareely knew any of them ',crept Mr. Hoot, wh
had once addresses.' him in language little tabulate
to coneiliate, conveying a threat if hr did sot appoio.
a certain person his Under Sheritf.—(a lac ti.)— Mr .1
Drown then described the contents of the Comm
B:•rjeant's affidavit, in which he stated his baths
eharred Mr. Thompson. on his en,h as a Lieee•-msn.