The Statesman.
London, England, 1815-11-08 00:00:00

THE STA'rESMAN,

LAW INTEL LIG ENG E.

w;t11 France, itc„ and being under examination be-
foie the Privy Council fur the same, perceiving his
said treason to have been fully detected, being fully
conscious of guilt, ;and dreading the pain and in-
famy of his approaching punishment, &c. did with a
penknife io a barbarous and felonious manner stab the
(tight Honourably Robert Harley, Scc. and endea-
voured to wound others of her Majesty's Privy
Council," &c. If the Marquis de Guiscard had sur-
vived the momentary indignation excited by that at-
tempt, and had been indicted for murder, Mr. Dee-
; man apprehended that the Act could not be employed
as proof of the murder. For the same reasons in
the present case, the Preambles of the 52d Geo. 111.
c. 16 and 17, could not be admissible evidence of the
averments in the information. The distinction, he
submitted, was this, that Acts of Parliament were
evidence of all great acts of State, such as the making
of peace, declaring war, treaties. &c., of which all
persons are bound to take notice.
Mr. Justice BAIT.EY.—As you state it, the Acts
of Parliament would not establish all the allegations,
and the residue was made out by the proclamation.
Mr. DENMAN continued, that some parole evidence
had been adduced in addition, but so defective, that
he had ,contended that the Prosecutors had made out
no case to go to the Jury. The Learned Jadge, how-
ever, was of a different opinion and it was then
argued by the Counsel for the Defendant, that the
averments were not sufficiently established. The
second ground on which Mr. Woman now supported
his motion to set aside the verdict was, the misdirec-
tion of Mr. Baron Graham in point of law, who, in
his charge to the Jury, had supported the assertion
of the Counsel for the prosecution, that to supply
any defects in evidence, the Jury might resort to
their own personal knowledge.
Lord Et.txsaououott.—l apprehend that the rule
now is, that if ally one of the Jury is to supply a
defect by his own knowledge, he must be regularly
sworn, and examined as a witness.
Mr. DENMAN, in support of his Lordship's opi-

( ()URI' OF 111:11'H, N9V I.

MR. O'CoNN ELL AY n MR. PECLE.

Mr. REA met:, on behalf of jlir. O'Connell, moved
that the (;nnrt should 4 lispeisse with the attendance
of that gentleman, and that his recognizance should
he discharged.

Lord Er.t.exaonounit.—We cannot do that Mr.
Roeder. We can postpone the attendance of Mr.
O'Connell, and respite the recognizance until e fu-
ture day.
.Mr. READER added, that such an indulgence
would at least partially answer the purpose of his
client. The order was for his appearance on the sth
day of this Term, but, being a barrister, the en.
forreinent of it would be extremely inconvenient.
• Lord ELIA:NE:moven enquired if the affidivit on
wl ids the motion was founded, stated that Mr.
O'Connell hid done nothing in contravention of the
rece:znizati.ce wider which he was to appear on the
s•h d.c of the present Terra?
• Mr. Re %pre replied, that all the conditions had
beerestrictly complied with by Mr. O'Connell ; that
lie had not quitted the realm, but had returned to
his residence in Ireland, where he had since re-
Intined without taking any hostile steps against Mr.
iteele,• with %hose he had been interdicted from
fighting.
- 'surd ELLENUOROVGII.—The Court has no objec-
tion to re irate the recognizance until Easter, passing
offer the next Term, in order that you may not be so
soon upt.n to make another application. We
grant ',ins extension upon the understanding, that no-
thing.ha. been done in contravention of the recogni-
sauce.' Tltoi:),, after such a respite, we cannot pro.
cent upon the recognizance, we can, at a future pe-
rind. proceed upon uny act of delinquency. The
Cowl, therefore, consents to respite the recognizance
until sth di of Easter Term.

TUC KING V. SUTTON.

*The D-tt..ritiant had been in Ind-guilty before Mr. Ilion, read the following passage from Blackst. Com.
Boron t; let ii.tm, at the last Assizes fur the county of 111. 375, " But this doctrine was gradually exploded
Nottingham, of publishing a libel in his Newspaper, when attaints began to be disused, and new trials in-
twitted the Nuttinghon Review. It was ha. the troduced in their stead. And therefore the practice
isrin of is letter. under the signature of " GENEn A I. seems to have been first introduced, which now uni-
Lunn," and respected the riots that had taken. place ; venally obtains, that if a Juror knows any thing of
in that county. the matter in issue, he may be sworn as a witness,
Mr. Duseas now moved to set aside the verdict : and give his evidence publicly in Court."
upon too grounds: I st, that improper evidence bad Lord ELLLNEOROUGII wished to hear the precise
been rereived : ttd, that the Learned Judge had mi..: terms of the Learned Judge's direction ; and Mr.
directed. the Jury in point of law. It had been DENMAN read them from his own note taken at the
found necessary, on the part of the prosecution, to time, •stating. that the Jury was at liberty to resort
introduce into the infOrmation avariety of averments 'to their own personal knowledge, if they had ever
of facts regarding the riots that took place in Not. seen say acts of outrage committed. i
tingham • and its • neighbourhood, headed, or sup- • The rule to show cause was granted, and the AT-
pAced to be headed, by a persou of the name of rostarr.Gxeenar. consented, and the Defendant
Ludt!. One of the averments was, that divers of the . (whose presence on such applications is required in
persens engaged in the perpetration of these offences, Court) should continue at large under his own recog-
&c. were reputed to act under the direction. and &mattes.
orders of some supposed and uuknowo person, called
General Ladd, and that the rioters were geuerally 1 IRELAND.
Called and known by the name of Luddites. In order !
-owiro—
to make intelligible the inuendeks charged in the libel, it ! ..
ins, Nov. I.—Yesterday a general Mo4ing of
W
was necessary that these allegatious should be proved, :
the Magistrates of this county took place le our
end for that purpose, after evidence of the publica-
_ Court House pursuant to'public notice for conven-
t
lion, the Counsel for the Prosecution put. in-fhe Pro
ing a Special Sessions of the. Peace. The meeting
clamation of the Prince Regent, of Dec. 18, 1811;
The High Sheriff filled the chair, and
which stated "that St had been represented to his ben: private;
en: Meyrick,. and. 27 'Magistrates appearing, a
Royal Highness that such acts of outrage had-beeit
number of informations were submitted which had
cri•mniitted." The Counsel for the Defendant obd ;
jeered to this piece of evidence, contending, that t
been taken before different Magistrates for various
even supposing it had distinctly and positively vis
• : outrages and misdemeanours lately committed in se-
veral pails of this county. However, upon a Cis-
conslileted as a certificate, which, in the case in i
Betted the fact, the Proclamation could then only be
passionate nyestigation, it appeared to be the urn. '
nirnous sense of the Meeting, that no necessity, at
Mr. Baron Graham, however, overruled the ob-
Wills; 5 3ii, had been rejected as inadmissible.—
present, existed, to render on application to Go.
jectiors at the trial.
, vernment necessary for placing the County, or any '
Mr. Justice Lc Lk A NC. —From your statement of distrine thereof, under the operation of the ilth of
• the King. At the same time it was the opinion of
the averment, it seems that certain persons called
Luddites were reputed to act under the controal of
, a the Meetingl that they should adjourn to that day
supposed person called General Ludd. Does that fortniht,
was adopted.
g which
.
While the Me fatales were deliberating yesterday,
appear in the Proclamation ? i William Butler, F:sq. of Bunnahow, bad about a
Mr. Desmae.—lt does not. dozen fire arms conveyed to this town, which were
Lord Etaxenotioreu.—lf it had, that might have
left at his hoti.e the preceding night by some persons
}Jeer, evidence of the supposed person, because the
unknown. This example of contrition and remorse
l'siiive Regent recites such a supposition. 1
will, we hope be emulated by the surrounding
• Mr.*DIENM AN could state most distinctly, that the ?
Proclamation was adduced as evidence, not of the peasantry.
• anppesition, but of the acts of outrage stated in the LIMERICK, Nov. I.—The following is an accurate
c
infermatinii. He conceived also, that the next head catalogue of the offences that are to be tried at the
Commission, as presented to the Judges this
of evidence had been improperly admitted by the
moru-
Learned Judge. It consisted of the preamble! of ing 'two Acts of Parliament, 52 Geo. 111. c. 16 and 17, et ?ITV. LIMERICK :-7
making
murder;c 19 assemloling at night,
waattackingy ; tonorigsris,:rya
andl ir
foinityir;erl arms;iio ~i 9 robberyatlihottn
,t,lrilisrifnh;
the first of which, without mentioning the name of
Ludd, recited, merely, that the provisions of former wlth intes't to kill ; 1 abduction ; 1 rmiattlt of a magistrate ; 4
3
Acts had been found insufficient to prevent tire out. cow i•tealing ; minor offences-I'otal 79.
•a:rt At ror —ti
re
arms;
in;ur4det;
assault 4 far t attackinguteiie dwellingto
rages, and that they had been carried to an alarming C housesryi a 1:e1i
extent; .and the second, that a number of disorderly for robbery ; 2 burglary ; 2 sheep stealing ; I minor ughoce—
persons had assembled together, and had had recourse T°l3l 18.
to measures of force and violence, whereby the pro. : In the • County Court, James O'Brien, indicted
party of his Majesty's subjects, Lc. was injured.— under the Whiteboy Act, for unlawfully astembling '
The Defendant's Counsel at the• trial had also re. its arms, burglary, and robbery, has been found
sixted the admission of this evidence, on the ground guilty, and sentenced to be hanged.
that the recital of the fact in the preamble of a sta. I The County Special Sessions was opened here yes-
tote was notevidenee to go to a Jury ; and that even terday, at two o'clock, and afterwards adjourned
supposing the Act had contained an assertion, that for trials before Serjeant Johnstone, to Friday.
the house of an individual named ..liatU•been feloni- .. Yesterday Thomas Power, Michael Browne, R.
ously destroyed, so as to enable-the owner to bring Molony, and Michael Molony, who were taken up
an action against the Hundred, yet teat the preamble on Monday night, in the vicinity of Mare, by R.
of the statute could not be sufficientevidence:to sup. i Smyth, Esq. for having concealed ammunition in
port such action. All the facts that were to.influ. ' their houses were lodged in gaol, and are to be
*rice the Jury in their verdict, ought' to•be proved by : tried on Friday.
witnesses upon oath. l Yesterday, J Coif ce was brought in here in a car-
- The Court observed, that these were public. Acts riage escorted by dragoons, from Clonmel gaol, to
er Parliitment. - be tried for the murder of Laurence Dolton)+, at
Mr. DE.sat -VC admitted, that upon ill great State Mount Pelier, on the 17th Septertiber.last.
questions of peace or war, the recital of the Letes- i Yesterday the Rev. Thomae AVostropp sent in two
lattice was to be taken as the best evidence; but men, named Ilartncy, oho are to be tried under the
there was, he conceiver!, a material distinction be- Insurrection Act on Friday, for- being oat of their
,wren these and the present. In order to put this in. dwelling-houses. , • .
a clearer point -of view, he had extracted the Pre-i .Denis Ryan, .4961ael . Ryan, and James Ryan,
ambles of two Acts, the first of which was the 7th ! of the parish of Atibington, were yesterday lodged
Arnie, c. 12, reciting that " whereas several turbu. iln gaol by Robert Smithwick, Esq. for having con-
lent a tel disorderly persons have, in a most, out.' coaled fire-arms,iit their, possession—they are alto to
vageoas manner, insulted the person of the. Arnim- ' he tried under the Inearrection- Act.
saiior of the Emperor of Russia, &c. by arresting Several stand of arms have been voluntarily w-
him, and taking him by violence out of his coach, in rendered by the cooetry people, to gichard
the. "pAlic street," &c. lie submitted, that if It Smyth, Esq. of Smythfield, a Magistrate of this
were necessary, in any proceeding, to provo.that . county.
*treat, it would not be.eirough sorely to produce - --- --N- —. _
the Statute, • The second was the lath Anne, c. 16, Bleed cbntinues to be soltrat different prices. The
I. kI , iiigihtt, whereas Anthony de Gaiscard,&c.was Co nbination Assize is fixed at 10-Id. the same as last
- e red aith holding a traiteroee•correepontletice week.

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Flo* nis LONDON aziiis7l%.2for. 7.
BANKRUPTCY SUPERSEDED.
J. Davies, Flint, cheese and corn-merchant.
BANK RU PTS.
J. Welsh and T. Carter, Great St. Thomas Apostle, and
New Compton-street, Flight Holborn, embossers and mlenaerers,
Nov. 11. 18, Dec. 19. at Guildhall. Anomie., Messrs. Glut-
ton and Carter. St. Thomas's-street, Southwark.
R. Hill, hladdresfield, Worcestershire, I.,rmer, N0v.29, 33,
Dec. 19, at the Pack Horse Ina, Worcester. .Attornies, Mr.
Hill, Worcester; and Mr. Device, Bream's-buildings, Chan-
cery-lane.
J. lioaward, Worcester, grocer, Nov. 29, 33, Dee. 19, at
the Pack Horse Inn, Worcester. Anomie.' Mc. Hill, Wor-
cester; and Mr. Berke, Bream's-building's, Chancery-lane.
1. Harrison, Redness, Yorkshire, miller, Nov. 13, 14, Dec.
19, at the Half Moon Inn, Bowden, Yorkshire. Attornies,
Messrs. Lowndes, Red Lion-square; and Messrs. Spofford], jun.
and Peirson, Bowden.
W. Twemlow, Winnington, Cheshire, drug-render, Nov. 9.3,
21, Dec. 19, at the Crown Inn, Non Itn ich. Attornies, Messrs.
Leigh, Mason, and Housman, New Bridge street.
Csallinsore, jun. Hamil, Burstein, Staffordshire, dealer,
Nov. 14, 15, Dec. 19, at the Legs of Man Inn, Burstein. At-
tornies, Mr. Dent, Stone, Staffordshire ; and Messrs. Leigh, Ma-
son, and lionseman, New Bridge-street.
B. Kent and F. Kent, Mark-lane, wine-merchants, Nov. 11,
111. Dec. 19, at Guildhall. Attorney, Mr. Charsley, Mark-
lane.
J. Rudhall, Birmingham, draper, Nov. 17, ;8, Dec. 19, at
the Stork Tavern, BirminAatn. Attornies, Mr. Platt, New
Boswell-court, Lincoln's Inn ; and Mr. Eillington, Birming-
ham.
T. Sanford, Exeter, victualler, Nov. 21, 2?, Dec. 19, at the
Star Ina, Exeter. Anomie., Mr. Jones, Temple; and Mr.
Bassett, Exeter.
K. Jones, Ellesmere, Shropshire, carrier, Nov. 15, 16, Dec.
19, at the Bridgewater Arms lan, Eltessnere. Anomie., Messrs.
Blackstork and Bunce, Temple; and Mr. Watson, Whiteharch,
Shmpshire.
T. Smith, Wood-street, Cheapside, warehouseman, Nov.ll,
15, Dee. 19. at Guildhall. Anomie.. Mr. Abbott, Chancery-
lane; and Messrs. Bygrnve and Goodwin. Norwich.
M. and S. Cotten!), High Holborn, paper-hangers, Nov. 14,
91, Dec. 19. nt Guildhall. Attorney, Mr. Humphreys, Lon-
don-bridge-foot, Southwark.
T. Slatter, Dniester, and W. Ratter, West Dowlish, Somer.
setshire, clothiers, Nor. 22, 23, Dec. 19, at the George Inn,
Ihninster, Attornies, Mr. Hine, Temple ; and Mr. Baker, 11-
minster.
J. and J. Mallen, Ilminster, Somersetshire. Bag and tow-
spinners, Nov. 23, 24, Dec. 19, sit the Mermaid Inn, Yeovil.
Attornies, Messrs. Wattsand Wall,Yeovil ; and Mr. Williams,
Red Linn-square.
W. Reynolds, Ililgone, Stafford-hire, japanner, Nov. 17,
18. Dec. 19, at the Union Inn, Birmingham. Attornies, Messrs.
Hicks and Braikenridge, Bartlett's-buildings; and Mr. Bee
wick, Birmingham.
.1. I)alhy, Neworke, near Leicester, hosier, Nor. 11, 9'?,
Dec. 19, at Guildhall. Attornies, Messrs. Lockett and Fisher,
Gray's len.
.1. Hoare, Derby, innkeeper, Nov. 17, IP, Dee. 19, at the
King's Head, Derby. Attornies, Mr. Simpson, Derby; and
Mr. Ilan hoc, Fetter-lane.
J. E. Iloolboom, Union-court. Broad-street, merchant, Nov.
14, 21. D..e. 19. at Guildhall. Attornies, Messrs. Courteen und
Robiteetn, Wuthrook.
C. King, Tower-street, Srven-dials, victualler. Nov. 14, 91,
Dec. 19, at Guildhall. At,ormes, Messrs. Vaudcrcom and
Comyn, flush-lane, Cannon-street.
E. Clveney, jun. Mount-street, Lambeth, linen-draper, Nov.
11, 18, Dec. 19, at Guildhall. Attorney, Mr. Hunt, Milk.
street, Cheapside.
J. Bromden, Fore-street. rambeth, whiting-mnnofacturee,
Na,. 4, 21. Dec. 19. at Guildhall. Attorney, Mr. Sherwood,
Canterbnry-squarr. Southwark.
J. E. Yates, klolywell-street, Shureditch, pewterer, Nov.
11.'11. Dec. 19, at C;ttildhall. Attorney, Mr. Ilird•r.:ash, Cres-
cent. .lewin-street, Cripplegate.
J. Taylor, Worship-street, card-maker, Nov. 11, 25 Dec.
IS. at Guildhall. Attornies, Mew:. Jones ;tad Reyna), Lord
Mayor's Court Office, Royal Exchange.

DIVIDENDS.
•
Dec. 2, B. Harris, Bristol, carpenter—Nov. 2.8..1. Pettit
and 8. It. Burch, Borough of Southwark, hop-factors—Dec.
2, T. D. Latham ant J. Livery, Devonshire-square, City, nier-
c.muts—Dee. 1, J. Borges, Stockport, Cheshire. draper—Nur.
2Q, S. Mason Hardebury, Wurcestrr, cornfactor—Nov. 29,
J. Itobinson,'Stock port, Coeshire, corn-factor--Dec. 5, J. Row-
land, Brainshott, Southampton, dealer—Dec. 2, L. R. Dc
Joachim Rom ling-green-bui ding: distiller—Dec. 2. E. G. W.
Tuck, Joachim,
dealer—Nov. 'l5, R. J. Blatchford, Jun.
Lombard-street. Wein:in—Nor. 28, H. Smith, Croydon, shop-
keeper—Nor. 28, J. Wright, sen. Great Itussell-tt eel, Blooms-
bury, upholsterer—Nov. 28, J. Fowler, Birchin-lane, City,
broker—Dec. 5, C. Stansleld, Road-side, Whits-chapel, pawn-
broker—Dec. 5, H. Dunn, Ware, Hertford. auctioneer—Dec.
5, R. Mac Namirn, Rodney-street, Pentonville, merchant—
Nov. 28, R. Wilson, Bow Church-yard, merchant Nov. 28,
I. I. and A. J. Nimes, Hackney, merchants—Nov. 11, .1.
Hughes, King-street. Wappiog, victualler—Nov. all. W. Ur-
quhart, Lloyd's Coffee-Now, merchant—Nov. 28, It. Carter,
Aioreton, Thernhury, Gloucestershire, dealer—Dee. 16. It.
Dearman, Barnsley, Yorkshire, and R. Dearman, Pindar
Oaks. Worsborough, Yorkshire, merchants—Nov. 11, J. and
W. Low, Mincing-Irene, merchants—Nov. 28, N. Brooke,
King's Bench, Prison, shoemaker—Dec. 12, P. Hooper and
T. Bedford, Bartholomew-place. Bartholomew-dose, timber-
merchants—Nov. 28, 5. N. Joseph, Bury-street, St. Mary
Axe, merchant—Nov. 28, E. Jo:eph, dory-street, St. Mary
Axe, merchant—Nov. 28, J. Jones, J. Owen, and 11. Abbott,
J3tteklcribury, merchants—Dee. 1, W. Sistine. Blinn!, grocer
—Dee. 5, J. Itichardsoo, Borough of Tewkesbury, chair-
manufacturer.