Lent Assizes.
The Times, 1824-04-05T00:00:00

Jola Scylly was indicted for msnslaughri r, i n a man whose name was unknown, at the parish if St. George, in thi3 county. It appeared in evidence that the Prissne was servant to Mr. Packer; a salt-merchant, residing in St. Geqge's, and who, with other neighbours, having sustained great depedations on their pro- perty, gave directions to the prisoner to watcl it by night. About five in the morning of the 2d5 of February. the prisoner gave an alarm, and informed his neighbours in great agitation that he had killed a mnan,-that" it was luck for him'"-bat the man lay dead in the garden, and that he would go any whce to deliver hitmself up to justice. At the same time he stated that iefre he fired, a man cried out to him " fire, and be d-d," rnd to a companion, "D- it, Tom, why does thee not fire ?" hat he aimed at the legs of the man, whom alone be saw, and No war on elevated ground, and so mortally wounded his comrade below. The body was found in the place described by the pnsons,, the heart perfo- rated, and the peiucardium filled with blood. Jl the pocket of the deceased was found a steel and flint, and by lis side were three fowls newly killed in an apron. The prisoner'i master described the situatien of the ground, which sustained bh statement of the manner in which the death occurred, and.gave hbn a most excellent character for good temper and general propriety o; conduct. ilr. Baron GA.RRow charged the jury, and expressed hbL great anxiety that the doctrine he wasabout to laydown for tbeirguidance might be distinctly understood. It was the duty of men set to watch the property of others, or engaged in protecting their own, to abstain from firng or mortally assailing those whom they suspected to be robbers; to endeavour to secure their persons without injury; and nortto attackthemwith dangerousweapons, until such a measure became necessary for the dlefence of their owrn live,; but if auch a measure was necessary, then they were guilty of no offence, in re- sisting till death, but their case would be one of justifiable iorui- cide. In this instance, then, the question for consideration was this-did the prisoner rashly, and without due cause, fire the gun, or did he fire it with a well-grounded persuasion that Fsuch a mea- sure was essential to his own lpersonal safety ? In the first case lie wouldi be guilty of manslaughter, in point of law, even though the precise effect wvhich followed was not con:e plated; in the last, he would be wholly guiltlesg. The jury aliDost instantly returned a verdict of Not Guilty. Mr. Baron GARROiv, in directing the prisoner to he discharged, expressed his hearty concurrence in the verdict, and his opinion, that f any man should reproach him for the misfortune, he would dis- grace himself, and do great injustice to his neighbour. 3SAT iltfAY, APRIL 3. 2NtSt PRIUS COUP T-Btort fr.JlssircePAR aonda SpeciaJsry. THE KIN'G V. COOKE AID ANOTHER. Shortly after nine o'clock this case was called on by the officer. A full special jury answerefl to-their names ard were sworn. Mr. James Stanip Sutton Cooke, one of the defendants, rose in Court, and announcing that he intended to defend himself, request- ed that the witnesses on both sides might be ordered to withdraw. lMr. CAIMPsELL, upon this, begged to %tate that he had the ho- nour to appear for br. Jenkinson, the othei defendant, now to be put on his trial. Air. Justice PARK gave d rections that the wish of Mlr. Cooke should be complied with; and the witnesses accordingly withdrew. ilMr. TAL5'oUsRD stated the substance of the indictment, which charKed Richard Stafford Cooke, James Stamp Sutton Cooke John Russel iMliles, aiid Richard Jenkinson with a conspiracy. Thefirrt count alleged the object of the conspiracy to be to disturb Sir George Jerningham in the poasession of lands and manors which he had long enjoyed, and of the issues and profits of other lands which had long been in the possession of his tenants, by unlawful mneans and devices; and stated as overt acts of such con3piracy, a fordble cnrry into a mnessuage caled Stafford Castle, which had long been in the possession of the prosecutor: an assertion by James Stamp Sutton Cooke that he 'was appointed ngeit to his brother by the Hou.se of Peers, which he knew to be fale; and a pretended hold- ing of courts leet and baron in manors poessed by Sir George Jer- ningham. The third count described the object of conspiracy to be to cut dowvn a nlmber of trees standinz on estates in the leaneable possession Ot the prosecutor's tenant5, ano to conyert them to the defendant's use; and laid as an avert act of such conspiracy that James Stamnp Sutton Cooke procured a great number of trees to be felled on difTerent parts of the estate, and conveyed away. The fiftl count represented the design to be to defraud and impoverish several tenants of Sir George Jerningham, and to obtain monev from them by faise pretences; and set iorthas overt acts of such conspiracy representations of J. S. S. Cooke, to William Rogers, Jam.es Dudley, and Mary Peake, that the claim of his brother to the estates was admitted to be valid by their land- lord; that he had a letter of Sir George Jenningham's to that efFect; and that Sir George bad agreed to abandon his possession: aU which be knew to be false, and by which he obtained certain monies. The seventh count stated the intention to by threats and ilegal distresses to harass ang molest the tenants of Sir Grarge Jemingham and laid as an overt act, the issuing a warrant against the goods of i'hilip Seckerson, uinder which his property wass taken. Tfere were other counts, severally describing the conspiracy as above, but omitting to state any overt acts. To this indictment, Richard Stafford Cooke had pleaded a plea in abatement, which was still pending; Mliles had not pleaded ; the other two defendants. J. S. S. Cooke and Jenkin. son, pleaded "not guilty," and they oal were now before the jury. -Mr. TAUSNTON opened the case for the prosecution. Re begged the jurv to recollect that the very essence of this charge was, that the defendants, or some of them, concerted a plan to raise money, which, in a considerable degree, they effected: and a more extra- ordinary scheme-one more atrocious in object and more despicable In mesas-was never, perhaps, developed in a court of justice. Sir George Jerningham, whose name occurred in the indictment, wzs a gentleman Of ancient family and Of noble descett who, with his father, had been in possession of the lands on which the ostrages had been committed for nearly half a century; and his ancestors, under whom he claimed, had been in peaceable enjoyment of them ever since the reign of Charles JI. No person in the situation of life which the defendantt occupied could be ignorant that a possession like this, however it might originate, in itself gave a primafafcie title; but if they chose, overlooking this long adverse possession, to try whether Mlr. Stafford Cooke had nst a better title than Sir George, the courts of law were open to them, and they might have sought a legal and constitutional redress; but their conduct abundantly preved, that their object was not to try any claim of right, btut to obtain money by violent and fraudulent proceedings. At the latter end of 1822, lr. James Stamp Sutton Cooke thought fit to pay a visit to Sir George Jer- ninghapm, in London, anti to lay claim to the estate in Staffordshire, on behalf of his brotber, Richard Stafford Cooke, which he professed to derive from the ancient lords of Stafford. It might lere be weU- not by way of evidence, blat by way of narration-just to sketch out the history of that noble family of which Sir George Jerningham was the present representative , for though this was not the question in the cause, yet, as the story of that illustrious house was blended with the public history of the country, a short account of it raight elluci:late the subjects to be tried. Sir George Jerninrham, then, was lineaUy descended from the Duke of BOuckingham, who was at- tainted rnd belieaded in the time oF Henry VIII., and from whom, in some wav or other, Mr. Cooke derived his claim. By an act passed in the first year of King Edward VI., Eenry Lord Stfiord, the descendant of the Duke, was restored in the blood, by the name of Lord Stafford. Some generations r;assed away, and in the reign of Charles li the greatgreatgranddaughterof Henry LordStafford married with hir William Howard, and thereupon he and his wife were created Baron and Baroness Stafford, to hold respectively to them and the heirs male of tieir bodies, with remainder to the heirs of their bodies. After this, the newly created Lord Stafford was impeached of treason, on what was now considered as-thle perury of Titus Oates, and was found guilty by a majority of fiRy-four against thirty-one of the House of Peers, and sentenced to d1ie, whlich sentence was afterwards carried into execution. Through him~ then, undoubtedly no title could be claimed. Sup- osing his attander to be legal, his children could not as such in- herit* butthe rights of his wife were unaffected by the attainder, and s5he was afterwardsherself summoned to assist in the coronation of James II. The Crown afterwards, by letters patent, granted the reversion to the baroness: so that her right was indisputable in any view of her case; for if she was seized in fee, then she had an ab- solute right; and if she war only seized in tail, this grant conferred such right, and rendered her title complete, notwithstanding the at- tainder of her husband. From this baroness, Sir George Jerning- ham was lineally descended; and from her hiR father, and be after him, inherited the estates in Stafiordshire, which bad descendet from her to him in uninterrupted course of succession. Sir George, as migbtbeanticipated. rejectedthe overturesof Mr. Cooke, andrefered bim to his professional advisers. At this time, no doubt, the scheme was euggested, though not matured, on which the extraordinary proceedings wlich would appear in evidence were founded. To- wards the end of November, 1822, Mr. J. S. S. Cooke gave a din- ner at Somers-town, at which he endeavoured to prevail on sereral persons to accompany him to Stafford; and succeeded in engaging one unfortunate young man, namned Crank, to accept the honoiurable post of his secretary and amanuensis, for which lhe was to pay and actually paid the sum of 5101. Crank, by thse direction of his new employer, went down to Stafford on the 3l0th of December, and was there met by Mlr. Cooke, who immediately direct- ed him to accompan him in an, expedition to take posses- sion or ztatrora tuasrJe. JAilS ceaue W i the site of the old crastle, but was itself a modern erection, built by Sir George Jerninghani, and often shown to travellers, as there were few objects worth seeing in the town of Stafford. Into this castle the party, consisting of Mr. J. J. S. Cooke, a sheriff's officer ramed 8mith, and Crank, obtained admission. under pretencc o. seeing it as visiters; when Air. Cooke took out the scro of his pe. digree, said he was come to take possession for his brother, Lord Stafford and used nli means in his power to prevail on the old wo- man, wlho kept the castle, to retain possession for his brother. She refused; and on his leaving Crank in possession, went to r. Seck- erson, the agent of Six George, who lived near, and brought him to the castle, whence he immediately expelled Mr. Crank; an& this was all the possessi)n which the defandant ever had of that building. Mr. Coolke made ample use of this, however, in his subsequent proceedings; for all hiis notices were dated " Stafford. Castle," as if he were in possession of that place Mr. Jenkinson-. who had beer a schoolmaster in Stafford, was next enlisted in the service, vhich was assisted by several recruits from London. These meuwcre.employed lh wriingletteesa.nd copyiogletters.one of which was now issued, dated-i' Stafford Castle Dec. SO, 1822," requiring the tenant to cease paying rents to Sir beorge-Jerningham, and to p,ay Mr. Cooke. This notice was qaiddkly aucceedd by another, headed "1 By order of Lord Staff,ldated" Stafford Csate, Js. nuary 1, Ib," thutenting distresses if the tenants would not par to Cooke, offering to receive half rents if theyrwould pay then and ln ?itUe r-an4. mbahcribed by JarneStnsmp.Sutton.Cook e'ent laisbeotlier." To indticeCrank to nasitinthspo dns,to; assutdl }Jim efiat Sir eJeorneuinghamtbdad offered his brWtherWQl. a year tcsforegG lila claimn, and thst.aatisfi6dwas TAdyJernilg_ ham of its justice, that she had. srequested his -picture-Xo ailtsrn his reat in Norfolk. Ilr. Cooke then proceeded in a manner by whiclh no just claim ever yet was,a pronot- ed-to procure So trees to be felled; and waE proceeding to cut more, when stopped by an injunction froni Chancery. For these trespasmse actiens were brought against hitn d blU4' tnts but though he declared himself so anxious to assert.the right, he offered tio defence, except to two of them in whieb verdicts were immediately given for the plaintiff, and damages Were assessed in tbe others. it was now surely tirne for the great man bimself..rhe lineal desceudant of the house of Stafford-to make his appearance on the scene: and he did come, not in the full blaze of his baroniel honours, but in disguise, borrowing tbe humble appellation of ilr. Browa. Twice did he visit Stsfibrd under this name before he ap. peared in all his grandeur, and so complete was his disguise, th,t lie put up at a little inn, smoked his pipe in the kitchen, ald recreated himself with ale at night, and rum and milk in the moming. At length, however, the time arrived when he wra to make his public entry, which too' place on the 3d of March in grand procession. There was a trampeter, horsemen, a car. riage emblazoned with the .StafFord arms, three attornies' clerks and the peer and his brother seated ott the dicky of the coach, upon which they were drawn into Staftord. A dinner vas given vwhere the good old ale of Stafford was plenteously circulated, ant wherc, of course, speeches were made by the peer and his honoura7 ble brother. On that occasion, it wasimportant to observe, that the peer made use of the same fslsehood which hod been previously used by Mr. James Cooke-that Sir George Jerningham had offered 809J. a year to forego his claim; and that Lady Jerningham had solicit. ed R'Ichard Cooke's picture. ludeed, it would be quite clear that Richard Cooke was fully cognizant of his brother's Pro. ceedings. After this time, notices were given for holding courts feet, which were held accordin lI in spite ofthe protst of Mlr. Seeker. son, before thedefendant,giles,who officiated as steward,and which were attended by Jenkinson, as secretary, and bya man in a%cariet dress wlho officiated as crier. Mlr. Cooke, in pursuance of his great, bi3 ofly obiect, to raise money, proceeded alternately to cjole and threatcnth tenants toinduce them to pay-theirrentgto him and give him premiums forleases.Heofferedtotakehalf,hedistrained,butnever prosecuted thedistress-when replevied; and to strike a greatblow,he put in a distress for l,000L to the house of Sir George Jerninghattn'r, aFant, MUr. Seckerson. But what told most strongly and concdi.. saively against hirn was, the false pretencLef which he used to obtain money: he t.sserted to the tenants thatSir George,)theirlandlord, had given up to him the estate ; that they were to meet as frlends amut relations ; and that Sir George admitted the justice of bis claim, anl which were most impudent falsehoods. He held hi rent-day on the same day with sir George's, and stationed Jenkinson to prevail on the tenants to pay their rents to him; and actually did obtain sve.. ral bundred pounds, in large and smrall sums, for notbing was too large for his, cupidity, or too small fsrhis meanness; even ahatful of halfpence formed a part of his spoiLs. After detailing other particu- tars, vvhich were afterwrards given in evidence, the learned counsel expressed hit conlldeiice that he should establish the case against both defendants on the record; but remindedtthejury, that if he thould prove it only against James Stamp Sutton Cooke, and they should, (still believe that this defendant conspired with his'b other or wi? j Miles, they might find him guilcy alone. The scheme had been i most extraordinary; its boldness and atrocity obtained for it a pir- t tial success; but it wss now to meet with its fit consumimation, in ex;osure, final-defeat, and the exemplary punishment of its agents. ! r. Philip Seckerson, exaMined bv MIr. R5SSELL, said-I am an attorseyvpractising at Stafford, snld agent for Sir George Jer- ningham,of whom Ihold abouse and considerable farm. Ihavebeen concerned in the management of the estates for Sir Geo. Jerninghatn and hia father, for more than 30 years. On the 30th of Dece=- ber, I822, between four and five; in the afternoon, in consequence of a message, I went to Stafford Castle. There I found a stranger, wbom I now know to be WV H. Crank, seated in the kitchen with the daughter of the old woman vho kept the castle. I asked his business, and he said be was left there by Mr. Stamp Cooke, and exhibited a paper. I ordered him to retirc, and he awent. On the lsr of January I received a notice, which is dated. December 30. On the 4th of January, I received another notice, dated January 1, which I produce. I saw notices, similar to those, posted about the town, and in the hands of other tenants. On the Ilth of January, I went to a part of the estate, in consequence of information which I rereived, and found that one ash tree had been cut, and another vartly cut, for whicb f bad given no orders- Aboutfour days after, I found another tree cut down, and, two days after, I went to the same spot. There I saw several persons engaged in the act of cut- ing down trees, others lopping the branchles o trees alreald fallen, and a mob of 100 or more surrounding them. Three or four trees were then fallen. Arnong the partiea was the defendant Jenkin- son. who previous to this time had been a rchoolliaster in Staf. forn. I warned theitn to desist, especially Jenkicmason, whom I had previously known: he said be was employed by James S. S. Cooke to cut down trees, and produced a written paper which he stated to be his authority, and Eaid he would go on. The pro- ceedings continued from day to day. with an increased mob. On Saturday I received an order of injunction from the Court of Chan. cery. before that order, from 78 to 80 s ere posta Jer- kinson had lived four or five years in StafFordL Part of the trees vrere carried to the Canal-wharf, part drawn to-thre sideof.the road, and others were in removal, 'When the injunction was seved. Thurs- day, the 16th of January, is Sir George's rent day, at the Swan-inn. The day before tbat day I was served with a prnted notice, copies If w'hiph T saw in rariou, narts of the town. and in the hands of the tenants. On the rent day, I attenriled at tne :wari. As 1 vrent, i saw Jenkinson standing near to the entrance of the inn. Mtany ot the tenants stayed away from alarm. On the 17th, Friday I vras en- gaged in attending the Quarter Sessions at Stafford. Persrons were brought to me near the hall, of whom Crank was one, Bailey and Smith were the others, charged with entering my house; Jenlin- son accompanied them. I afterwards gave orders that they shonld be set at liberty. On th* same evening, an my return home, I found a notice of distress; rny wife was in a state of great alarmr; and for days I directed my doors to be kept locked, and servants to be in attendance. I replevied. Afterwards, towardls the close of the month, James Starap Sutton Cooke had been apprehended on a charge of obtaining money under false pre- tences: he then told mre he should get his 1,0001. of me at the assizes for the distress. Actions were brought against Cooke and others for taking the timber; judgment wac suffered by default. Mr. Cooke attended the execution of writs of inquirr. Before the dclose of the sasizes, I saw handbills like that which X produce, stuck on the doors of the hall, and one of them was delivered to me at mr office. On the 7th or 8th of MViarch, notices of holding courts, and warnings and to pay rents, were also delivered to me; one of the last was given to me by a person named Barlow, who had a large roll in his hand. Sir George Jerningham is lord of two mnanors, Stafiord and Fore. bridge; but it has not been usual to hold courts in the former. I, with several principal freeholders, went on the 11th of March to the NVhite Lion, where John Russel Miles officiated as steward in hold- ing a court: Jenkinson and JaLmes S. S. Cooke were present. We protested, and warned Miles not to act. He said, " he would." I exhibited the notice of the7th of Mlarch to Miles, and asked him if that had been issue;d by his authority? He said, "It was." The notice was read in the following tenns :_ " Barony of Stafford.-Notice is herebv given, that in conse- quence of the arrival of the Right Honourable Richard Stafford Cooke, Baron of Stafford, the courts Iset and courts baron, granted by the letters patent of the 23d of Henry VIII., and the act of Parliament of Edward VI., to Henry Ixord Stafforg, and Ursula, his wife, and to the heirs of their bodies, to whom the said Richard Stafford Cooke is the heir by lineal descent, will be held before me as Chief Steward of the barony, on Tuesday. the 11th of Mlarch instant, for the manor of Forebridge, atthe lirhite 'Lion Inn, in Forebridge aforesaid; and on 'Wednesday, the 12th of March in- stant, at the George Inn, Stafford, for the manor of Stafford, at ten o'clock in the morning of each day, and not, as befote announced, for the Ist and 3d of April, on which said days of the 11th and 12th of M1tarch, the copyholders and other customary tenants, holding under the said respective manors, are required to attend. "By order of Lordt Stafford, " JOHN RUSSEL.L MILES, Chief Steward. "Stafford Castle, MIarch 7, 1823." Mir. Seekerson procceded.-Jenkinson had a large book a-d ap- peared to act as secretary. Both he and Cooke were violent, and insisted on the right to hold the courts. James Cooke had violent language with one of the freeholders. A man named Ward, in a scar- let robe, and with a stafl; acted as crier; he had a Stafford knot em- broidered on his sleeve. " Lord Stafford's office" was paintedin con- spicuous letters on the front door of Jenkinson's house. Alr. CA11PBELL begaed to wave his right of cross-examining the witness till after Mr. Cooke had examined, as he was the principal defendanL. Mr. Justice PAXtE assented, at the Tequest of the learned counsel, although, in general, he must maintain the precedence of tbe bar. Mr. Cooke then cross-examined the witness, who said-I received letters from you while I was at Stafflrd. [The defendant wished a copy of one of these letters to be read, but it was rejected as no evi- dence; because no notice had been given t>vroduce the original and f because it ould not be evidence for himsslfj. In January, 1823, I preferred bills of indictment at the January sessions, one of which for aconspiracy, and which were ignored: In IS06, the rents were received in the narne of Sir Wm. Jcrningbam. I do not believe the reversion of these lands is in the Crown of England. I did not,know Lady Anastatia Stafford Howard, but I have heard of such a lady. I swear to Sir George Jerningham being iri possession of the rents and profits of the estate. 1 have attendaed courts at Forebridge again and again before I was appointed steward; I have not the court rolls. Mvy appointment is of the date of about two years, since the death of Sir Geo. Jerninghbam's brother. lUr. Justice PAtKz.-l am not to enter here, nor will I, Iam the question of title. It is quite absurd to suppose it can be quest.2ed en this record, which charges a conspiracy unlawvfuly to disturp a possession long held in peace. Mr. Seckerson was then cross-examined by Mr. CA31psELL, and sid-Jenkinsons howed me his authority fbr cuttin down the timber. It is like this which is produced(. Air. Jen%inson had kept a school at Stafford; he has ceased to keep the school since that time; I do not know of miy own knowledge whether he ever kept it after Mr. Cooke's arrival. Re.examined.-1 went into the grand jury room when the bills were preferred at sessions; I tben saw one of the grand jury reading a paper said to be lIr. Harrison's opinion on lr. Cooke's claim, and which Nr. Cooke has circulated extengivdy at Stafford. Wim. Henry Crank, examined bv Mr. TALFrouzt, gave evi- dence as follows .-l am about. 22 years old. In November, 1822, having advertised in The Timzes newspaper for a situation, Mr. J. S. S. Cooke came to see me, and said he wanted a young gentleman as secretary or amanuensts. kie slowea me an act ot rarnlamena, and part of aetition to the House of Lords, containing the barony of Stafford.. eprnotogive 701. or 751.ayear, and alltr velling expenses. I engaged, -ning him 501 for the situation. which I paid on the 26th of December. I dined at his lodgings in C&arendon- street, Somers-town. I met there two young sen, one clerk to m attorney, aud the otlher a Mr. Lane; there was also a i\lr. Brown. there was a lady called Mrs. Cooke, and the wife of Ir. Brown. Mfr. Cooke and Mr. Lane spoke of the claim to the barony of Staf- ford. Lane said he had risked half of his fortune, and would not mind risking the other half in supportof it. Hewasa law statlener, living at the corner of Finch-lane, aparenty in poverty. I an- pointed to be at Stafford on the 30th of December. Cooke satil iie was short of money; but wben he went down there, he was to re- ceive some renti, and would Lhen pay the expenses of the-journey. I reached Staffbrd on Mlonday tle 30th, and met 31r. Cooke nboUt halfpast 3 inthe afternoon. He and Seith, a sheriff's officer, Vere thogethe. Cooke d.ai they were going to takepossacsion ofStaffor case, but itwaMto be kept secret. We set oun together in a chaise. WVeleft the chaise in theroad, and valked together to the castle, which was kept by a womnan namred Pcrry. Smith said, "I have brought yots somegentlemen to see the castle. We.wereintroduced, and saw two or three rooms; and Cooke in one of them wwte the PaPer JI DGWPrOduee. He asked forliei and ink, and wrote it,. and gave it ta me. He told thebld woman he had come to take Possession Of'Staflo?d~Castle, on account of his brother, lAd SDitflor... :o14,lt-thi wma' hedingtb rtiaij itis poseseanore,- 2t6dti6* fiVe P,aPt ttOany,body., The paper was put in, and read. It: was a 3aetiee t.. JS. S. Coke had taken possession of' the .castle -for Richard Lr dStafflirr.] Cooke asked thie old -womnan to keel) the Castle fer his brother, but she rejected his offer. He went away, anid iii about a, quairter of an hiour the old woniian wentdowrt to A%fr. Secicerson, who returned with her. fie sent me away, after looking at the paper. I was in poissession about half an hour. Whben I told 'Cooke, he said "1Never mtnd, my boy ; its.good possession, and we'll have 'em yet." Next monn a Mlr. Rogers, a printer, coame to us. Cooke wanted notices-prine to the tenantsi anew toay rn.Roger declined but recommendedi a prrsorr who would wnte themn. 'Ihbe day atfter our arrival, I saw the defendant, Jen. ksn!s0a, at Cooke's inn. Cooke said he wanted some notices wnttte, as he could not get any one to print them. Jen- kiII3mn apeed , and he andlIcopied several. ITwo papers were shown tte 'tess.] These are signied by Cooke. [ The first was a notire to the tenants to pay no rent to Sir G. Jerningham, nor to `snyo1e but Richard Lord Staffisrd. The next wasa3similar notice, adding, that in consequence of the distress of the times, one half of the rens should be abated for the next seven years. The witness Vnsceeeed. A great many copies of these were made, distributed YaPerson na.sed Barlow. and afew were posted. Soon after,11Mr. Lane camne down;, and a mtan named Goodlwin with bim. We hadl two assistant clerks, and Barlowv was employed as a czeneral agent in distributing niotices. Jenkinson and I could not write out thepotices fast enough for the purpose. Shortly after, Cooke said h6 would Cut down and sell the timber on the estate, and he engaged several ment for the purposc. They would not commience till sorme one drew the axe round the tree, which they said it was customary for the master to do. C-ooke then gave me a slip of paper, which I bave burnt athzorizing me to do what the mon had requtired. I did so, andLthefiall of timber commenced chiefly under the superintend- ence of Jenkinson ancl Goodwin. ~They began cutting in a few days, and afterwatds an injunction was served on Cooke, w,ho was then eagagea in the illnyor's Court. W"hen he went home, he said to me, " Ive had an injunction, Crank. If it had not have beeni for that, I would have cut down all the trees on the baronv." Th~ere Were great numbers of papers, and copies of sets of Parliament, Patticulally the 14ith and 2lia" of Hienry Vlll., always on the table in the room used as Cooke's office, where Jeukinson, I, and sevetal others were employed.. Many peopl used to call there, somne to inquire afte-r his health, others to take land, which they wrere to have at half the value, on paying dlown 101., or some sum. Four persons paid 1001. or uipwards. I wrote out receipts. On the whole, I have seen Cooke- receive about 600L. On the rent-day several persons paid smel sgums to, Cooke at the George:. !some. as low as half a crown); and one ten-pence.- Rogers paidi his rent (171. l0s.) on the next day, the Saturday. Cook rea tohim,anda tenant named Dudley, a letter which fie said was from Sir G. Jerningharn purporting, that if the tatates were Richard Cooke's, "God forbi'd hesould keep them from him." Cooke directed me to goto Mr. Seckerson 'a to . dstrain for ,Q'0001. .Anuaaa rent to Lord Z5tafford,- -ard-to- takce an inventory of his goods. I objectid, it beinig a thing I was nbt used to. He said I need be under no apprehension: no harm should happen to me.. He' gave mne a notice. I entered by the back part of the house, through the brewhotise,-and into the kitchen. I was taking an inventory there, when Seckerwon's men sitopped out proceedings. I was taken ini ens- =2b onstable.- Cooke sent Jenkrin4un and 'Goodwin, aind V-; tedme to go again,bhut rrefused. They went, taking with them the notice, and wui inventory written by Jenkinsen. One evening Cooke was called ouit of the roon5 a,,d on his returnt, saitl "1You don't knos'- whomn r have been out to see: my brether'scome down; but it is not the time to show himself yet." This was within a inonth of our first arrival. I saw a letter com6 to Cooke, purportirg. to be frombhis brother. [Notieceto produce this iletter was attempt~edto be prored, but Mri. Campbell objecting to receive secondary evidlence, the cunsel for the proscecution declined iniquiring its contents.1 About twvo months after our arrival, Cooke quitted Stafford, leaving me and Jenkinson. I afterwards received a letter- from Cooke, which I have burnt, ordering me to buy ribands for the processioni, bhich we were to arrange on Richard S.' Cooke's coming down), and to meet him at the Barley-mow Inn, a fewv miles frontStafford. I did make thie arrangements writh Mr. Cundly, who is James Cooke's L.other..in..law. I went to meet them wvith the ribands. The procession was led by aman onbhorseback with atrumipet: I followed with a wand with ribands on it. Then came 40 people on boise- back, mostly with ribands. Then 51r. Cooke and his brother on the dickeY of a carriage. 31r. Mliles, a Air. Champneys, an attorney, and Cundy, followed] in a -post-chaise. The carriage had a corone't anod a cheveron ; the mob took off the horses and drewv It. They -stopped at Richard Cooke's lodgings, and made speechies fromi the dickey, and CuLndv made a shiort speech. Thiere was a dinner at JamesCook's lilgigs to about 50 peeople: James was in the chair. Jenknsonand ileswereiner. James Cooke inade a speechi pro. posig te helthof ir G Jeni-ham, saring fie had no animosity againt hi. Ricard umpedup, nd said he would never drink the healh o a an ho epthimoutof his propertv, and orilered James outo thechai. Tere wasahuinitesrs Richard werntt6the winow,andsai soetingabot te ijuntin being soon dis- solcd,andtha te poceds f he imbr tento he sold should be ive tothepoo. I th corseof the eyering, Richard Cooke said, Si erehdofrdh 80. a year to forego his claim, and thatLayJriga hd expressed a w-ish to have his povtrait, ,whichabensntoCsehal the seat of Sir George. JTames Cookha prvoul todm h ae tale of the offer of 8001. a year, bu adta .ard never would beggar his family for surh a bgal sum. This he often had told mie. There was a court- barnhl at Stafford, to which I went wvith Cooke and others, bixtt sceemg some mnagistrateq. I to-ok alarm and went away. Mliles bor- 'rowed a book on court-l~eeping. James5 Cook frequently said in soiy hearing, that thle House of Lords had appointed him agent to his; broither ; that L-ordl Liverpool and the Lord Chancellor were his triends, berauise Sir George was a Catholie.,but that they did not like to disclose themselves. WVe drank a good deal of wine before Richard camue down, but afterwards w4Ie were kept stricter. He was miore parskimonious than his brother. We had plentycofiwine before, Mladeira, Sherry Port, and Claret. James orderedl a play ; and the bills were lic~d.ed "1 By desire of the Hon. James Stamp Sutton Choke."1 A notice to the tenantry was then put in, and read : it stated the 4appointment of Cookeasssgenit, b%e the House of liortls, and that an opinion of Mr. Harrison, King's couinsel, on time validity of Loril Stafford's claims, might be seen at the George Inn ; and othier handbills, of which the following was the most important, were proved and readl: "311Staffordl Barony...I hereby give notice to the tenants of the Barony of Stafford, and all others who have been in the habit of payinz money to Sir George Jerningham for the rents, or timber, or uipon any othier account whatsoever, relating9 to the said barony, at any time up to the present period, to brine forward and render their accounits, and prodace their receipts atnd vouchers to my steward, J. R. Miles, oft, EastRate-street, Stafford, it being my intention, in' conscequence o te unhand,somewcnduct of Sir Gcorge,'in prijiecuting my brother and serants in several actions, in whiich Judgments by default were through inapdvertence sutfferedl to be passed, and his eon. tinued efforts to withhold front me the full enjGyment of my rights, immediately to institute proceedings against him for the recovery of' the various sums of money belonging to me, which he htas wrong. fully received, and which I had consented to relinquish, on condi- tion of his immediately giving up to me the court-rolls, andi other documents in hiq possession, relating to mny barony, aLnd abandon- ing such frivolous action.a, but which promise on my part, I consider ats no longer in force;- the condition for which the rame was given having lieen completely violated. "Stafford Castle, March 15, 1I2. "STAF'FORD." Cross-examined by Mir. Coelre.-The paper produced is in iny writing, except the iignaturc. I copied it from a paper given to me be- you, except the last sheet. The expressions about the Lord Chancellor anid Lord Liverpool were repeated several times; buit I cannot specify when. You regularly, went to church every Sunday; I saw nothing immoral in your conduct. I have never seen Mlr. Scekerson since I saw him in the gratnd juyry roomi. I then thought what you did was right. I generallv dined with you. I did send you a challengte. I will swear that 30 trees were cut down. I gave ,direcions to persons not to cu t except on the barony of Stafford. You onc-e dined at Sir Charles WVolsteley's. Cross-examined by Mlr. CAMPRE'ag.-J think TI was in the room when Jenkinson was introduced to Air. Cooke; he was recommend. ed by Alr. Rogers, the printer. Alr. Cooke showed Jenkinson the pedigree and some acts of Parliament, and said his brather had a just claim to the title and estates. I understood that Mliles uged to compose notices: e camne with Richard Stafford Cooke. Mlr. CAM1PBELL prdposed to ask what the witness'sImpres sion -was as to the justice of the claim of Mr. Cooke ; but the learned judge held that Euch imapression was not evidence, though the jury might drawt their inference from the facts on which it mnight arise. Jobs Rogers, examuined by Mr. TAnarwox, said-Mly fathier held a farm under Sir George Jermimigam, and hiolds part of it still. On the 18th of January, 1823, he sent me to the George Inn, Staf- fordl; amid in my way I mnet Dudley, another tenant, and his son. WVe all west to -eeAMr. J. S. Co&ke, and wete introducedl to hiru in a ruom ait the George. Before him was a pedigree, papers, red tape, aLnd all the accompaniments of an office for business. I told MVr. Cooke that we carnie, according to nisa request, to pay him thie rent. He said, - You must recollect, we only take halt?'1 - He said the estate belonged to his brother Lord Stafford ; he had coun- sellor's oninion, and he gave it to us to rest]. I read it ; I believe ethers dia : it related to the barony of Stafford. I-e then produced a pedigree of his famijvy; we lookedi at it. There was niuchi ,conversation on the subject. In the course of the conver- sation, Mlr. Cooke produced a letter; he toad it aloun syn he bad received it from Sir V --- T-,- _, sain goigtoinwithiatr-h-a*r'-e aiu tnat tie wats going tesde and rIth hnav tir Chros Wolseley's, where they were to dinesasifrid.ds and relation. The purporty of the letter was, that the estate belonged to Air. Cooke's brother. I paid him 171. 10s. on ac- count ef ny father's ient, he having previousv thireatened to di%. estnif I di noet Pay it. Alr. Cooke ordered a receipt tob hemade the it was made out; and hcre it is. Ltica receipt ws produced Ivgned by J. S. S. Cooke and described him uas agent to Lord Staftoret."I aMr. Dudley' at the same time paid soue money. Cross-examined by Hfr. Cookes, There was a seal to the letter which you showed me. I never had the letter in my hand. The letter produced has a simliar seal. You threatened distress on me arid on others You gave adinner to some of the tenants. olirs. Mary Peake, examined by lgr. IRUSSELL, said-In 1823 Q lived at a farmn caled Lanibercote, where I was born, and wvhich has inwaondbeen helod bv my famil ogf the Jforninghams. I am 43 aearsonf ageIn Janua Of last year I kept my doors for a orentight logcked land bolteaz, on ac-count of Mr. Cooke threatening to distrain. on Sunday, January 19e Mr. Cooke came to ioy honse, whiBah is about a quarter of a mile from Staftbrd. The ser- vant opened the door, he followedt her, without waiting to be an- nounced, and introduced himself as the Hon. James Stamp Sutton C;ooke, brother and agent of Lord Statlbrd. He said he came to offer incale-se of the farm for-21years, athalfrent. I told himlIconsitdered inyselfas tenant toSir George, and he didinot kno-wwhat the rent was. He said," You are atenant ontresvass, andlIwill makteyou produce your last receipt." He told me" 'Sir Grorge has given up alI title to the estate, and Ihave aletter from -Sir George tu) prove it." I said, "you have had a letter from Sir George' have u ?" He said, If y'Oh will call at my office, I will prove it." re said that Air. Seckerson knew long ago that Sir (George had given up tue estate, but he kept the tenants in the dark ; he (Cooke) was sorry for them in his heart. He said, "1I have not called on the other tenan- cv haecalled on you as a female, considering you entitled to tha11trtespct as3from ou.grandmother Dorothyecame aiourhonoura and estates. (A laugh.) HIe said, " ifly brothier is acitnowledged Ijoni Stafford by, the King the Lords, the Judges, and the House of V.oWMions."1 (Renewed laughter.)' Ha said he sawr Sir George irs London, who knew of bis cominig down for the purpose of taking possession ef the -state.s. He said, if I did not pay my rent, I should be distrained upon, and gave mne till thenext ilay to-consider. .He,3aid, he was incolined to give me more time, but his brother, Lorel Stafflrd, was a peremptory mnan, and would not agree to it. I received notices before this, which I produce, similar to these I have airead ptoved. Afterwards I received a letter from Cooke, which 1prod7c. LThe letter,dated Nov. 29,1823, merelytchrentezzedidis. wisu, tnlOUgr withi sonic reluctance, ait w as against general andI approved practice. Alr. Edward Smith was called, and, before lie gave evidence, de- sired to know whether he must not receive bis expenses. kr. Justice PARK expressed his doubts on his right to make the demnand in a criminal case, and sent to Mlr. Baron GarnoW to ask his opinion or the subject. On receiving his Lordship's answer, the learned Judge decided, thouglh with regret, that he had no power to order expenses. The witness proved that he was clerk to Mr. George -Fowell Watts, an attorney at Bath, in 1821. The power of attorney pro- duced,. had the back sheet torn off; but one of a similar kind was attested by him in Mr. Watt's office. Alr. Cooke propose(d to call his brother, Lord Stafford, to prove the power of attorney; and the party so called rose in court, but Mllr. Justice Park ruled that being a defendant, he could not be a i5itness. Sampson Sellers was then examined by Mfr. Cooke, and said he was present when Alr. Riehard Cooke tore the back of a power of 2ttorney off at his house. This was in last Mthy. It was after the distresscs and the acts which had been stated. Mr. Watts, an attorney, stated, that a power of attomey, similar to that produced, was prepared in his office, and executed by Richard Stafford Cooke. Alr. TAITNTON assented that the document, though not regularly proved, should be read. It was a power ol' attorney to James S. S. Cooke to act for Richard Stafrord Cooke in the recovery of the ba- rony. Air. Watts stated that it wasdated in October, 1821. His Grace the Duke of Ncrfolk was then called, but did not ap- pear.- Alr. Cooke requested that his Grace might be caUed on bis sub- pcena, which was accordingly done. AILr. CAMIPBELL stated that he had received a nies.age-from bis Grace, stating that he had not the papeCS he was required to pro. duce, and therefore he di*1 not-attend. Alr. Josiah Wedgewood was then called, hut did not appear. As his subprena was not in Court, he w.as not called upon it. A r. Villiam Ralfe was called to produce the court-rolls of the manor of Thornbury. He appeared and said he had brought them mn obedience to his sul;ena, but avisied to know if he was bound to produce them, as the) .are the property of the LordllenryHoward. iIlr. Conkc saidhse required theix to prove his pedigree. MVr. JUStiCe PAIU; said, there were twe objections to producing the deedu..girst, that tle pcdign e wrasentirely irrelevant; and se- condly, that the w.tncss was not bous id to prodawe the property of a tress if the rent should not be paid.] I suffered great anxiety in consequence of these proceedings. Wi. Rogers, examined lay AU, TA-gzrosD, sald-l am -broa. fiher or the fofrmer witte3, John -iToe*s, and accoimpanied him t'o the George Inn on the 18th of January. .Mr. Cooke produeed a let. ter, wvhich he sid wosx from Sir G. Jerningha, and fiom which he pretended to read thatie las,goingbi dine ith him atSirC.Wolse. ley's, as friends and relations. I saw Cooke the next hloaday. I asked if he had r,et Sir oeoroe. He gaid no; but Si' George had sent him a ruery politc note ofr apoogy. My father is too infirm to travel. The witness was mrossexamid e by Mr. Cooke, but statead naothing material. John Dud)ey son of one of Si7 George Jerningham's tenantb, proved that on tile 18th of Janusary, he paid 51l. to .41r. Stamp Cooke, on account ot'his father. Being cross-examnined by MUr. Cookce, he said_You read a paper purporting to be an opinion of Mltr. Harrison. This notice brought me to you. [Reading one of the notices in proof] Alr. John Shallcross, examined by Air. Russell, said-*Uy father keeps the Dolphin public-house, in Stafford. InJaanuary a person, then a stranger to me, came there with a portmaniteau, about seven in the eveninhg. He as4eul if he could have a bed * I told him he mnight. I- nov know this was the person who calls himself Lord Stafford.; .1 recognized him cn the dicky of the carriage in the tri- umphal pIocession. He supped in the parlour. Afterwards he ap- peared inrt1ie kitchen,' wlere he drank ale, and smoked, with other company. About seven in the moming, he rose, and took two glasses of rum and rmilk, Ile asked for a porter to carry his lug- gae, and went away. iHe signified that he had hbd a very good ben, and would let us know when he came again. Afterwards he came again by a-coach aboutone in the morning,and again slept tbere.I William Lathbury, examined by AlIr. TALFUOVRD, said--I have occupied a farm near Stafford Castle, under Sir George Jrninghani, near 27 years. In Januarv last, after the distress on Mr. Seckerson's property, D2r. Jenkinsorcame with Mr. Cooke's compliments. and said he gave me this one other opportunitv to pay the rent. I re- fused. Jer.kinzon went away, and returned with five men. He waited in the road, while they came in and seized my goods. 1 re- plevied, and heard no rnore of the matter. On cross-examination, he said he paid 3201. a-year for 1is farm. Williamn Gunnan,'examined by jlIr. TAUNTOP, said-I am tenant to Sir George Jerningham, and on tbe 16th of January, 1823, went to say my rent at the Swran Inn. As I went in, I saw Mr. Jenlinson standing at the gate; he called to me by name, and told me not to go in, as he was placed there by Alr. Cooke to tell mae not topay myrent. I refused;'he retorted. Inwent, however, into the Swan, anud aid my rent ' I was distrained on, on the 18th of Janu- ary in thc same year. tThe witness produced thenotice of 'distress.] Hie replevied, and heard no nmore of the matter. iMr. Crank, recailed by desire of Mr. CAMIPBELL, said that Mr. Cooke showed him a book respectin the barony of Staffbrd. William Sidney examined by or. RussEiL,sen of afemale tenant,sad that Mr. Jenkinson came to his mother,and advised her, as a fiierd, not eo pay rent to Sir George Jeminghaas, but to hr. Cooke, for heshoutd be sorry thatsheshouldgetinto trouble,andhe had seen that which satisfied him that Sir George had nothing to do -wvith the. ents. When the rent day came, thewjtness,notwitlstand- ing, went to the Swan to pay his rent. He saw Jenkinson in the gateway, who warned him not to pay rent to Mlr. Seckerson, or any one else but James StampCSutton ooke, who was then sitting at the George toreceive to e rents due to the barony. He went in and paid his rent, and after remaining half an hour came out, when he saw Jenkinson in the same place, wlho told him he had his name down, and he should hear from him the next day. His father had held under Sir George as long as he could remember. John Hawkins, examiined by AIr. TALSFOURD, said-lhave long been a tenant of Sir George Jerningham. On the rentday in 1823, I observetl Jenkinson at the Swan gateway, and heard him teU se- vcral tenants of Sir G. Jerningham that they must go to the (Jeorge to pay their rent,otherwise they would have to pay it over again. On the Saturday after, I went to Mr. Cooke's lodging, in consequence of Goodwin and Barlow coming to my house- Tiere was a table with a great many papers. Alr. Cooke said, " Well,my man, are you come to pay me my relt ?" I said, "No, Sir, I have had no agreement withi you:" he said, " If you will pay me your rent, you shall have your land at half rent; and go dlown to Mr. Brookes, he i, my attorney, and will make your lease." I refuLsed to pay my rent. He then said he would send a distress on M3onElav. About a week after, he did send a distress, and I replevied. Allr. Cooke caUed en mc two days after, he caIled to know if the bailiffs had done mse any injury. I said," No." He said, " 'Vhat I am doing now, in coining down, is no hidden mystery frnm the world. I have been presented many times at his M1ajesty's levees, and have hatd a conference with . the KIng, wh6 shook hands with me, and wished me luck of my new barony." .(Great lauKhter.) He added, tlat Sir George was the last man he had had a conversation with jUst before lie left town. He said Sir George was ready to sink in his chair when lie saw him, and he wruld forfeit 1,0001. if he interrupted him in taking Ipossession. Ilr. Cooke also said, that in consequence of Sir George's not disturbing hini, he should not insist upon the back-tents, to which he had a just claim. Sir Gcorge .erningliam, examined by Mr. TAtINTON, said-I have been in possession of tile estates and barony of Stafford 14 yeats. I succeeded my late father, Sir *V. Jerningham, who hatd been in possession since 1783. He succeeded to the possession of then on the death of my grandmother, who was a Plowden, and niece of the Earl of St;fford, whose son dying. without male issue the carlldom became extinct. There is a building on my estate called Staffbrd Castle: it is a modern erection built by me on the site of the ancient castle, and on the old foundations. I saw iN r. ,James Cooke in London he came to mc, accompanied by a Mr. Lane, neither of whom I had ever seen before. Alr. Cooke said, he claimed the estate on behalf of his brother; he wished to have no- thingto do with lawyers; and if I would give it up quietly, lie would return tfie back rents. He real me an opinion of a gentle- man, I think Perkins, in favour of his brother's ciaim. I referred him to AlI. Charles Butler, my counsel. I received a letter from Air. Cooke. to which I returnecl an answer. I never wrote in that letter or in any other that I wwas willing to give up the estate; or that I was convinced of t:e justice of liis claim; or, " God forbid, I should keel, it if he had a clear title." I ncevcr saw him but twice in my life. I never gave himn the smallest reason to believe I would resign the estate by word or writing. I never miade an offer of 8001. a Year, or of a farthing. I have no por- trait of AIr. Richard Cooke, at Cossey-hall ; he caUed there thirteen years ago, when he was buying timber in Norfolk, and then said that he wished to be quiet, but his brother urged him to prosecute his claim. I never received an invitation to dine with Sir C. VoLstley in my life; and in January last was in Norfolk. I never wrote to him in my life, and have now no ac- quaintance with him. I never had an idea of dining with Sir Charles W olseley, an.d never wrote an apology to Alr. Cooke for not being there to meet him. Cross-examined by MVlr. Cooke.-I did not say that " God forbid I should keep the barony firom MNlr. Cooke." 1 am really not aware that I received this property only on the death of Lady Anastasia Will you swear that this property is yours ?-To be sure I will. (A great laugh.) Mir. Cooke.-Then I will prove to the contrarv. Sir George-Very well, if vou please. 11Ir. Justice PARx.-NOt here; I shall not allow it; I cannot [allow it. Allr. J.ames Currie said, that he had searciled the jounrals of the 13ouse of the Lords in 1813, and found no appointment of any one as agent to lr. Stafford Cooke, though he was mentioned as appear- ing as agent to his brother. Tihis was the case for the prosecution. Air. CAXPBELL waved his right to precedence, and dlr. Cooke wvas called on to address the jury.v ANr. Cooke rose, and began by reading a long history of the noble house of Staffbrd, beginr,ing with Edmund de Stafford in the year 1311. After rapidly reading this paper, through which it was im- possible to follow him, he said lie now caine, in the year 1521, to the uike. his great aucestor, and to that which was the nic pies ultra of his case; for from this great Duke he would deduce his pedligree, and prove it by evide.nce. AIlr. Justice PARK said, he could allow of no such proof . the whole question was this-had he conspired by unlawful means to obtain money and disturb a peaceable possession ? Alt. Cooke replied, that he acted under an act of Parliament, which lie would prove. Air. Justice PAx..-Thiere is no act which juEtifics the conduct with which (wlhetlier truly or not, is the question) you are charged. If you have a legal claim, the law is open-you mav bring an eject. ment, or, if too late for that course, your writ of right, or of for- medont, as the case may require; but no man living has a righit to enter on a peaceable pessession of forty years and violently te dis- possess the owner. I k-:ow nothing of your title, and wil give ro opinion on it till required to do so on a fit occasion, and on proper evidence. AIr. Cooke said, then he must yield to the judge, to whom he would not give umbrage for the universal world, though he begged to have the points reserved in his favour. l;e then addressed the jury, and declared that he acted from the best impulse never put- ting a farthing of the money into his own pocket; and firmly be- lieving in thli truth of his brother's clain. He had a powerof attorney front his brother, whtichl he would prove: under this he had acted; and when this was withdrawn, he ceased to interfere with theecstates.lHebhad acted jfillegaUy, yet ignorantly, and con- AIr. CAMI'aELL being again called on fo address the jury, sug. grated that it woultl be more convenient that he should wait tillU M. Cooe hd clle hi wtneses an ciedan instance where the Lord Chief Justice allowed a similasr caurseto be taken. alr,. ..:.,.,. PAE5 with the assent of the counsel for the nrn-,_ third person on which his title rested.* This wasnot a casein which parties could be required toshow their tides to the world. l Mr. Cooke then eall Mr. ,Iiepry ,Wclchman.lHe said, I saw SiuGorgeiJerningbamn , i Boltor.ro.t,' Picadilly, iniTulYk Ait- ust>4n last aa. l am a draper, and went to Sir' 'eorgeJer'n'rg.l nI= ai volunteitr, to ask questions. I rwas then a stransrto Sir' George; and told him, I thought a cofnpromise better for all parties. (A lUugh.) Sir Ge'orge told me'be'wlsed I woutldgo tomr olici. tor., 1 told Sir George I thoughth'e faboured under an attkint. (A great laugh.) Sir George said he- kmew that; but there was a petition or its revrsal. 1 said, I thought a compromise might be better for al parties: he asked me if Alr. Cooke could be depend. ed on. I said, I thought he could; I hid a long interview with Sir George. This waswhat he said. The word money was notused. I afterwards went to Mr. Hanrott's office, and saw Alr. Currie; but rothing of importance passed. Cross-examined by Alr. TAUIfTOi.-_I am a linen-draper, and have been so for years. I carried on business in Long-acre; but have left London near a twelvemoath. I am now at Bristol, re- siling with my brother. In the beginning of last January I went to Stafford, and stayed a fortnight.L ly object was to assist Mr. Cooke. I was only a spectator. (A laugh.) I gave him advice for a fortnight. I dined with him, being sent obr by letter. He had been a fortnight or'three weeks there before I met him. I consider- ed he was not acting correctly by cuttingtimber,granting certificates to gamekeeerss and other little things. (A laugh.) Re-examined by Mlr. Cooke.-I wecnt with lr. Cooke to Sir C. WFolselcy's, and elined with him there. - Ir. Cooke then said he wished some gentlemen at the bar would psrove the handwritting of Mr. Hatrison to n opinion under which he had acted. M51r. TAUN TOX said he would admit Air. Harrison's hand-writing with pleasure if he knew it; but he must, in jtistice to a counsel, resist the production of his opinion unless the case on wbich it was given was also produced. Mr. Justice PARK said, that clearly the opinion would not be evidence unless produced with the papers sent to the learned coun- sel; but as it appeared not capable of proof, a question did not arise. IAr. Leman, deputv keeper of the State Papers, said he atteaded by desire of Mr. Peel, to produce a mas of papers from his office. The witness produced a large greenmbag, and broke the seal ; he pro- duced a list of the papers, containing the petition of Richard Staf- ford Cooke, the Attorney-Genera.l's tepOrt upon it, the peution of Sir George Jeningham for the reversal of the attander of Lord Staf- ord, and other papers. '.The btition of Sir Ge6rge Jeraingbam to his Miajesty, claiming ithe batny of Stafiord was read. , It stated, that the only doubt sug- gestd o ths caimarose from the attainder of Viscount Stafford in ttie reign of Charles II., though he cltaimed by the fnfial line; but praving a reversal of the attainder, in order that his claim might be settled immediately, and tbat he might take htis place at the Coro- nation. The petition appeared to be refeared to the Attorney-General. Alr. Cooke then proposed to read his brother's answer to Sir George Jerningham's claim; but Mir, Justice PARK decided, that it was not admissible in evidence. . He also refased to admit the peti-tions of the Duke of Norfolk and the Earls of Suffolk and Car- hale, for the reversal of the attainder of Lord Stafford. :I r. Chariton, from the Land Revenue Office, was called to pro- duce an Act of Parliament of the first of Edward VI., which was allowed to be read, as the counsel for the prosecution assented, though contrary to the opinion of the Judge. As the officer was reading ir, Alr. Justice PAuRx interposed, and isaid it sas quite irrelevant to the present question, as had been the other documentary evidence offered; though he felt great reluctance to steo it. fi r. Cooke then said he had closed his case, and soon after retired fromn the court. Air. CA5iPBEaL addressed the jury for thedefendant Jenkinson. He reminded them that the question was not whether his client had acted discreetly-whether le acted rightly-but whether he was a conspirator, and guilty of a crime which would render him infamous for life. Did not the whole evidence prove th-t he was the dupe of Cooke-that he left his school,deceived by the splendour of his pre- tensions-and that he was deIlded by the documents exhibited to his view? The learned counsel here produced & book on the Stafford peerage, written by " John Campbefl, Esq.,` (not himself, certain- ly), and displayed an immense pedigree, by which it was shown that Mr. Cooke was related to kings, dukes, princes, and emperors, and had the blood of five Plantagenets in his veins. (A laugh.) AMr. Justice PAUsc.-Does it begin with Adam or Noah, AIr. Campbell? MLr. CAXI'SELL.-IMy Lord, Adam is aboat the middle of it. (Loud laughter.) Jr. CA3SPBELL proceeded to allude to the apparatus of Mr. Cooke's establishment, by which his client might well be deceived. The splenlid living-thecarriage with the Stafford arms-and the crier in a scarlet robe. For his part, he had a great respect for the office of crier, having long held it himself in the Oxford circuit court, though he had never worn a scarlet robe, or wielded a more imposing staffofofice than the fire.shovel. (Great laughter.) The learnied counsel proceeded, on a minute examination of the evidence as affecting hiscient, to argue, that he had evidently acted bona jfde; that he was engaged to copy notices long after the scheme must have been formed; that Ie was far less implicated than the witness crank; and that al his conduct was consisrent with the suppositioi that he believed the proceedings legal, for which he had already been visited with heavy sufferings. On belialf of his client, rk.CAMPBELL Put in theauthority given to him by Cooke to cut timber, an)d called two tradesmen of Staf- ford, who gave him a good character for honesty and propriety of demeanour. M1r. Justice PARtr asked Mr. Taunton if he would press the case against Jenkinson, as he felt strongly that he was entitled to an acquittal. ,lMr. TAUXTO: saidOhe felt it his duty to go on against both, and proceeded to reply. Al itli respect to Cooke, he thought it neces- sary to say nothing; for his guilt was established beyond doubt; ant if after the secret visit of his brother, and after the false repre- sentations of the pretended peer, any doubt could exist of a con- cert betwecn them, that doubt lhad been removed by the power of at- torney put in by the defentdant himself. The learned Counsel then adverted to the case of Jenkinson andcontended that he, actingafier notice by hr. Seckerson, and with a erfect knowledge of the lony and peaceable Possession of the Jernitnghanis making distresses, and copying notices dated "1Stafford Castle" wic. hknew was not in possession of the Cookes, was liable to be convicted of the ehasge. Alr. Justice PAtK recap-tulated the substance of the indictment. and gave his opinion that it dearly charged a co-oiracy in point of law. To convict any one defendanit, the jurv rnusd.believe that lie conspired with others mentioned or referred io in tli record, as he could not conspire with himself alone but they miglht find one only of the defendants before them guilty if they thought he conspired with Miles or witb Richard Staffbrd (ooke. As to Jenkinson, his Lordship really thought the case of conspiracy sliglht, though no doubt he had acted very incautiouslyandimproperly; yet, probably, he was deceived by the represenuitici,s and papers of' oxe.. Vfith respect to Mr. J. S. S. Cooke, he was ready, late as it was, if the jury desired it, to read the wlhole evidence. The jury intimated that It was quite unnecessary. Alr. Justice PARK said, then he would only observe, that sueh a senes of troceedinigs, such a tissue of nisreoresentation and false- hood, as ad been proved against that derendant, he never recollect- ed. If that defendant had a title, the law was open to him; but for suchl conduct as his no excuse could be made; and if they believed that this conduct was the result of a conspiracy between him and his brother, the case was proved against him, and they must find him The jury consalted fortwo or threeniinutes, and then found James Stamp Sutton Cooke guilty of conspiring with his brother R. S. Cooke; and acquitted Jenkinson._The trial lasted eleven hours. LENT ASSIZEgS. GLOCESTER, FRIDAV. APITT 9 VRINXINAL UOURT.-Bcfore Mir. B