Court Of King's Bench, We...
The Times, 1824-12-23T00:00:00

iMr. Pprkina, the defendant- %7hen this.og-0 aI--a 011, oook his seat among thec counsel, btinird- the hnsf.. The LonD CRIEVV J118~GE atkcd .It tbe defendairt t3p-carsd to. d fend hDnre f inpe0~n; P Ai1r. Parkins nnsw*iiia in. i~bafffinlatbive. The LORD OaliiU Sut~.~i ii' you. must take year place on the fioor..thatls the pi6pte; Wvituainmf pe =. oa under etucl, Mlr. Pirkitir-57.rd The loa,n Cllntt Jota7i4i-oun Iltoghys1tnde to defend yourzelf. ho htyuiene lfh. Paikjna...I. v~ish to nviiii snyseif of "the assistance of DMr. WViilnn,e, on.vointsot' law. The Lonr, Cnikr' u..j2 Williwis will be able to render you all the iservie yot desim, in the bittuatfldi you ought to c.. cupy. I must deal with this mae as with bUothers. 111r Partin the too hl~s~tu te Eenh usually occupied by. Quert stted, th t tis eq'n indicttment against the defedan forperury~comitte onthf tia o a cause in whicht ChalesSwit ws painiff ttd Jenr Th7aiea.and othiera die. Mtr. SCAULETu opened the case frteproautisnm tie wyould not pay the defendant so bad-a 6uplilet to t*Faopll that he wed unknown b reputation to the juity. Wbt ofIiiee with vwhich he was chargdwilful-and conrsup perjury .wAs dne which, there wae too rouch reason to fear, often dcped.. kct- .S ay ehi. cal difficulties were interpotied ly, legad1fbrnn so Moany chances of failure wiere 1nermltted-to exist f .at ittikMr~y babpened that a prowe- cution for this ctriae wssbrouglitto a sacettAfal- Batue. And yet, if there were any ctime which It win dcsi=Mbe'to bting to light, iund to visit with jrust ancd condignipannilimene5ii wiasthat now brought be. forethe jury. Itwat h d iitrtion Of juLstice what high treason wan to the political gove'tnment, for it struck equally at the foundation on which t.hnt 6ystem-rested4 which w~as dur~ only; by the sanctity of oaths. A case ofa tnmore serious, znd as be thought; of a more satisfactory nature, had~ rarely been submnitted to the consi- deration of a jury than that xibilh he hatl now to open. 61r. Parking, fromn motivea Into wrhich it was r~eibeOR3to.~suinre, volunteered his considered by Macy us the victim bf oppreacsion, and whose sniferings were connected with a most m4wizoly. and odiou"s tran-s. action. He afterwiards r ied~hbscqleaio the re-eipt of thesoubecrip.. tions by the man, and c6nacquently;was engaged? in a disapute with 1dim. As the puiblic attention. was excited by thini qunrrel, Mir. ParItins became anxious to publish hia defence, and to zindicate the propriety of his conduct. F?or Jiitpurpose- he opened- a consnaunt.. cation, among other papers, wzith the Mornting fle~'al,. of which Mr. Henry Thwaites was' a prqprletor and conductor. In April, 1823, he sent letters for insertion ini that paper, wbich it was n"ee. sary for -the editor to peruse an4 consider before he. allojwd themn taperin his cohilmns., PWrkine,it appeare, tias dissatisfied, at th deIlay, and went to the office at midnnight on) the 17th of Arlt mand his papers, -attended [by Swift, who had been an attorney's clerk, and mnow was his follower.' Mr. Thwaltes, always a timid and nervous men, was on thin nighit particu. larly averse to intrusien, for b9 liadl left hie wife on her death- bed, and waS exceedingly anxicu to complet his bumesem arid re- turn liome. Mr. Parkins entered with his companion, and demanded the papers in a tone of menace which showed-that his3 object was to compeyl r. Thwaites to publishl them. MIr. Tlswaitea replied, that the papers were left at his own houce, but he would cend them. Parkins aff'ected to believe -they were inthe office, took offhlis gloves, seatedl himself, and inaulteil M1r. Thwaltes both by gesh'irez and words. M1r.T'w tsrea ldeired him toiretire, but Pirkisa kepthisground,W11llMr.' hWaitesthDOgl,t'Itnme5ary otorngforhelp. The sound of thle bell brought into the room reveral Teporters, whoe were pursuing their avocation in an adjoining office and several com- positors, at wfork on the pspe. In,their presence kfr. Parking was repeatedlyv asked to retire; he-refused ; and at length Air. Thwaltes gave directions to tadrn out himn and htis companion by force. A struggle ensued ; Parkina and Sw?ift stoutly resisted; but at last they were turned into the street, ifter flinging one Masi from the to of the stairs to the bottom. - A- cha wyas made against temto, the an indsctmnentpreferred ; but lilt. Thites thought, on reflcion h mater not worth pursuing, and hr,aIlowed the defendants to take an actquittal, wtithout appearing to- prosecute. Mr. Parkins, how. ever, wvas not saztisfied with -this imunity An acetion was brought, riot in hia namne, because he did not choose to mnake himself liable for costs;~ but in the- name, of the pauper Swift. who had nothing to lose, ngAlnsv lifr. Thwaites. anid two of his meii for an assillt and 'battery. A -juatii- cainwisfhPleaded, alleging that- the plaintiff unwarraentably en. t=e he o cc-that he- was repeatedly desired to wit-hdsawi-thajt he refused, and that upon this refusal -be was removed with noa more force than was necessary to -accomplish the purpose Mdr. P~arkhina appeared as a witness for the plainitiff; aznd vwas quesioned, on cross. examination as to those very poinsts wbich,viere.of tier subtanecof the issue. lie was nse hRzDi r. 7hwaiti~ did riot desire him to quit the room before he Tang -the bell ; he answered positively 'n the negative. He was asked whether, atlti -the bell was rang, and before any thing was donie or a hanid raised,.Swift and he were not several times desired to leave the office he anavered. that they were not. fle wans asked if Swift waa niot told, thast if lhc persisted in re- mainig he woald ba expelled, by fg~rce; -, d denied It. fie was askdifh hcimtself did not knocha si down, endresist; and had contradieted hinm upon all thekpbnitsi"'tt', no ini the rcIut tbejn found a verdict for the uiefert4asit.' - 2the raUtchood, therebe there could be no doubt; and there could benas little en to the Mo.- tive. Parkins swore he was not responsible for the co3t3t but could any man douibt that ho paid the attorneg ? Swift was a nimere 4 Cr; he had since been discharged under;the Insolventt Act; andi if Ile sheuld be called asea witnes, he would kn-ow whether any i4ill lail ever been sent to him.i Besides thi%, he had showni hie malige, byliadieting the witnesses t7ho appeared on. behalf-of defendant for an assault: and the indictment wol be given ,In evidence. It b I on bealf of he defedan, tht he was not right mind'but f cuning,a costrait! attention to his owni in- terst,andan'anxetyto o mschef ithisaet, wFere evidences of santy,it oul be clar hatMr.PardnswasresponAile for his The Nisi Prizrs record of the case of " Swift v. Th~iitez anid others" was produced, and evidence given that Mlr. Parkins wvas examined as a witness for the plaintiff'i at-he trial o;i the l3th af Fe- bruary. Ilir. C. P. IV ILLIASSfS and Dtip. LAsecisiow, who, asisted DMr. Parhtints with their advice, compared the indictmuent with the docit- x,entary, pof. Mr. Johnroonok, the shiorthand-writer, produced his notes of the evidence of' the defendant. I'le idii not begin to take notes till after the examiination In chiief had begun. The witness then-rezd hiis netes of Air. Parhins's evidence, which wacs to the effect elated by Mlr. Scarlett in his opening apsech. Mir. Henry Thwaites, examined by Dir. SCAaLEZTT, said-I aM one of the ~roprietoru of the Aloinhifg fftral" and was sio in April lsyer recollect Air. Parkdina corning to 'te office, though I do not recollect the montlh. He catinefirst bybinaself,about12 at night. I batl been in the office about an hiour, and was engaged in business. Ptirkins sat dlown in a chair, anjd toldi me he wanted some papems In two, three, or four minutes, Swift, whom I never saw before, came in. I repeatedly desired them to quit theo room. I recollect-ringing the bell: to thie best of my recollection, 'I desired them to retire before I rang the bell ; I have little doubt of it. I rang the bell be. cause of their insolent and threatening mianner. The bell was ruing before any act was done, or any hand raiae4 a{tabist them. After t1he bell was rungr, they were desired reveral times by several per. sonls to qatit the of9lce. I gave directions that they should'be tuirned out of ithe roomi. Nothing was said by mecas to the conzeqisencea of their not retiring ; but others, to the best of mny recollectIon, told them it wyould be wrorse for them if they did not retire. I told lllr. Parkins I had not the papers there, but he should have them the next day. 1 was8nc,tat allaware of the intention of Mr. Parkineto calldthat evening. I wastdefitndant in the action. Ar. C. P. %VILLTAX5 now applied forpermission for Mr. Ear- kins to sit near himn, in order that lie mighit advise him, which, after sonic discussion, was granited. Mlr. Thwaitcs was then cross-examnined by Mtr. Parlrin-s.-lie siaid, 1 have been proprietor of the Alforniutg lerald isince 1818. -He. fore that time, I was in business at Miancheser, and 4tanfacted bu- sinegs for my father,' who wvas a whioles-te lineudraper. At that craic a gentleman named R~adcliffe was editor. -'Another gentlemhanI was editor afterwards. - Up to thqef. ng tehe yea called with Swift we were friendly. I thiinirt hlad received the paes o called for a week before;, they related to the case ofByn.Id not recollect how long it was before the papers were rtre;i might be onie, two, or three weelksatfter you cauctd. I gerai'wn to thec office cabot ten at night. On that night, t camnnoa hte I wvontat ten or eleven. I do not believe-it was hialf.pws lvn o hiad sient to me coiuiiiunications before, whiich were Inserted ; that was all the asristanc you ever gave nic. I told you if you tent com- munications sinnultaneouslv to -everal paperv, they were the letts worthy.ofattention. I never askedyonuto write down Ciibbett4Aiau'gh.) At first you asked nie civilly for the paper; at the satme ura there was a warmrth in your manner 1 liad not observed befora. It struck ime at the moment,this was because I had not inserted your comma-. aications i,i4tante,-. To' the best of mny remiembrance, the Pu-peio were senit, either in whiole or in part, far insertion. I don't s'emerm. ber they were to show that von hand minsrted -that wh,ich was untrue about me.' There were obiut 20 steps in thte ataircass. It mutt be two or thiree yards from the cdlitdir's chair to the doer of the reoom. There must be about a yard froisi thea bell-rope which I rung, to the placewiiereyoustood. You sat in achair, asyou hn4done before, beside nydesk. You asked for thepapern and v7ery peremap. torily and irimpudendy desired nie to leoi -for thenii I said they were not there. Yiou saidd yoa were certan they were. The 5precise nature of the communiication I do not remember. When you sp oke pcremptorilyyou%were rising. You pulied'off your gloves. I ink salt I would send the papers she nexkt day.. You noaid r amn certain thoy are In those drawaer." I reolieca no conver- sation about a book on that night. I thiink I did! not rfre. to pul1 the bell. - Y)u put youarelf in an instlting, arrogant,vagebcad attitude. (A auh. lr. Parkins._Did 1 not sometimes assist you it your paper ? You have loolted over the slips of your own letters: aato aasistin me. the idea is ridiculous. (A laugh.) I Tute cross-exarnination proceeed to a considerable length; but nothing- furthler of any conse quence occurred. At the desire of tihe LonD grE JuSnXG, w vO as hers qisen that the day to which the witnesses wrere aiesldag was' tho !7th of *af. Rsbert Beil was then called, and said, on the ni'ht in ques. tion I was eTnrloyed in tho HeraZl ofice, r4eportirs , Qdbat. I sat in tOhe front room, and the editor's rco*i vahero 2dw. Thwaitso site is behind it. I heard a noisc in- 1jr. 'J1hwaitze'a room, 3 of loi talking, and I crd a desitre some-one would leave the rt:SSd. I vent in, ana saw MUr. Paihins and ao7olehr person, whose feec I did pot see. I lei It directly, and afterCvtris the bell rmng. 1 noaw now that thc mane who ;accomlpanied Parkins vwa Charles t7iwiL I only jinSt opeed the - door, and chen I est It VJes Mr.' Pakinna I retird. Several persons camicfram the printing aoom: ul'vc inia, and 7 VeralCgeitlemen who waere in .the-roam with re Ahe suli time theyremoved rt. Panrknsfrona -thlae 1 fre thernwvcd, I eaw soinueof therm speaking to bim; Ulonadcgeatrettssce'her they sttenited tovemovehim. The coam a of atr. -epre1trs ema removed Wilth hi "- - (ross.examined.-1 ant the editor and part proptietor cf the WeekDigpat,,a paper.prod,aee). That lethapprof which lam1ebooftoz @arp1 a:fS E t ,tt t=Fby n 3e1tre. 2tt. termer is the other proprietor, al he isI !aetorna fortehe prosecution. I an not now employed for the i3f&ning heral, but I was then at cm annual calarv. 1 was connected with th:e paper til the oend ofthe last aession of Parliament. I heard Mir. 1 'Thwaltes scy" 2Quit my room" iever2l times before the bell rung. He afierwrerda called to his people to remove thle intruders from his room. DIr. Rdob n, the printer of the Blortzing Herald, said-I saw Mr. Swift Winto the editor's room about twelve or after. I went into th reaIer' oom,w7hich adjoins it. Soon after I heard a cnn- fuslron of wdckds, and went Into the editor's room. On entering I saw DIr. Parsiain, jfr. Swit, and Mr. TFhweicen. lMr. Thwaltes said he rios gr6sml insulted by Air. Parkine, and desired rne to order him out. I advited hi-n togo out, as he was obstructing the business. He smlled indigjantlyl anddid not appear to move. After this, one of the repore camtesn,and ordered him to retire, at the request of AMr. Thwaitee. After repeatedly ordering Soif to qui, some gentleman took hi-nmrund the middle and put him into the passage. ir. Pn7ldRs r, as afervtardo removed, struggling to get back. Parkirs took a man, naned Thomas Young, by the collar, and threw him violently down tairs; Parkins and Swift were both requested to leavethe rcom befod theyw ereforceonutcflt. This witneso ws crogs-examined at letngth by Air. Parkins; but nothing muterial was elicited. John LAunt, a compo2itor of the Morlin, Irerald, said, that being In r: room hbove stairs, he hc:ard Alr. Thwaites In an elevated tone desire eome Persons to goand not stay to insult him, before the bell wearang. He did not go into the room atall. . Three reporters connected wvith the 1tforaing Herald, and four compositors, who entered the room after the ringing of the bill, se- veraUy deposed that DIP. Parkins was desiredt to leare the room be- fore any hand-rwas raised against himr, and that he made a vigorous rosimtnce to the attemlpts to remove him. It was fioved that Mr. Parkins had indicted several of the witnesses against Swrift for aLn assault shortly after the trial. Tiiz msau the case for the prosecution. Air. Parkins then resumced his place on the floor of the Court, and addressed the jurv in P speech, of which, frorm its great rapi- dity and want of connexion, it is impoqsible to coRvev any sketch. He eolermnly declared his innocence before God and'his Saviour - asserted that he mag the greatest enemy of perjury and oppression on I he eartht; that in him whole life he had derrauded fib man, and was Indebted to nothing but his ownindustry for the large fortune which he had gained. -The truth was, he had been sought by the people to uzdertak:eduties, from which he would haveshrunk i and attemnpts hadhbeen madetoidentifylim with asetof people calleuradicas, who ought to be caUed radicalvillains, and who hated him because he re.- fused to assist their plans. For ttis, he. who had no interest Is Swift'o action, who attended to give his evidence merely in obedience to a subpeo,-a was accused of a crime which he detested, and to an- nihilate which Itsyould lay down his life at the stake. Eleven fl%Wei6 shiXo Gaved from the elaects ofpeburrj- hundreds of let- ters had he written to detect perjury; and yet he was accused of thbi crime, Whieh he wauld rather sacrilfice a thousand fortunes and a thousand lives than parpet'ate. The charge was false; as the late Lord Ellanborough aaid, "false as HIell." On the ttight in question he was searching for witnesses to defend en action brought against him by some persons of Berwick, who claimed from him expenees relating to his proposed election as member for that town to which he had never given the slightest sanction. As they went down the Strand, he saw a light in the office of the .Ierald, and determined to call, not for letters whici were to be inserted in the paper, but letters from Ireland, which he had deposited for his own justification with the editor. I Here M?r. Perkins gase the history of RB e and the Irish subscription.1 He went into the office, civilly asked -for the letters, and was repulsed In the midst of uproar, by 20 or30 confederates, who came to swear for each other. WolId any man believe that he vent among persons so cuperior in force,to insult themand make arist? Itwas incredible. If ever he was told to leave the room, he declared to God that he did I not bear It. He was taken to a police-office, and the magistrates laughed at the charge; but the next day there was no account in the Herald, nor-in several of those diabolical diurnals which gave these detestable ex.parte statements and police reports. He had labour- ed under disadvantage from want of counsel; if he had known his friend Mr. Wllaams a -few days sooner, h' should have led his eauce; but he confoutnded him vwith another Willianms, who talked about " unsunned snow," and such stuff, for which he had no relish -but the gentleman he referred to was another and a better Mr. Willians. (A laugh.) AMr. Parkins concluded by stating, that he should call most resiectable witnesses to his character, and thankisg the Chief Justice for the patience with wlhich he had heard him. , rit. Wm. Seudaynore, member for liereford, who knew-the de- fendant in India, said-that the late Duke of Norfolk always had the highest opinion of hIs charaeter and honour. He had the same him. sgof and thought him wholly incapable of the crime laid to his charge. hlAir. Wmn. Stephenson, a plumber and glazier, said he had known hedefendant since tley were .chool.boys together. He never heard a. tfrd against hls probity, veradty, and honour. On emos.egamination Mr. Stephenson said he owed Mr. Parkins nmoney, for which he ba3 given securlty. Dlir. Tqulkham eaid he had known Air. Parkins first at Calcutta as,early.s 150% and had only returned lately to England. He knew nothing against Mr. Parkins's charactcr. Mr. Remington, the banker, said he had known Mr. Parkins three or four years, and thought him as honourable a man as ever lived. He kepi cash in his house. Me2r. ScAtLETT.A good account, I hopc ? The.witueau Excuse me: we never disclose the secrets of our customer (A laugh.) Mfri Wood, oneof the artners in Child's banking.house, who had known- the defendant for six years, sBaid he considered him a very honourable man in all his dealings. Ir. Pullca, who had been under-siheriff to MIr. Perkins, said he performed the duties of sheriff with zeal and attention. He had not yet made up his acceants4 but he had promnised to do so; and this was the only circunstancelwithin his knowiedge which could raise a ques3ttin aQ4p.hIs henour. Tie iuD=D VtsRliP JuJSTICE told the jury that the charge was of a meat gave and-seions nature, and oaght to be mnade out to their entire stisfction. The materia point ef the ease was tbe denial of Mr. Perkins that he had been desired to leave the room before vio- lence was ti6ed towards him. On this two questions arose-first, was he so desired? and cecond, if he was, hadhe sworn the contrary wifully and from corrupt motive ? It was evident that he was a man of basty temper; and such persons were not anfrequently misled without intending deliberate falsehood. If the statement of the de- fendant was true, he wast, of course, entitled to an acquittal; if wil- fully faltae, he must be convicted; but if, though incorrect, it was net designedly feigned, thev ought still to find him not guilty. The Jury consulted for five minutes, and they returned a verdict olf-Noj (Guily. Loud, but partial, applause followed, which was immediately re- pressed by the LORD fI-EF Jp SiThCe. The trial lasted from half.paazt nirne till half-past six in the evening. COUR? Ot KING'. ERnC1: .n~ c^ THE XrNG V. ---