Middlesex Sessions, Monda...
The Times, 1824-04-13T00:00:00

Et.rRAouDx .k7AY PitOCEEDINO. - Mr. Parkins came into Darart, in cansenuence or natice to attend on account of nn applien- tiorn =.de by M1r. Phillips, on Satwtrday, on the subject of the lac-I trial, en chil Scott wt conmicted. He took a seat next to PIr. Alley, his counsel; but, ripon the application of Mtr. Phllips, he Vws removed to thte place generally occupied by strangers. Mr. ATLEY rose and said, he attended in consequence of the neotice alluded to, a most extraordinary account of which had a ated in a Sunday paper I Bclr. lcek-ly Dirtutch.) .'R'PHut.LIPs admitted that every thing stated in that paper on t'he .snbcc was not correct. The Cnia-ns. said, that application had been made in that Cunrt oa Saturday, but he could not interfere until a motion wvas ma-e in the reetular manner. Mr. PHILLIrS said. the statrneent he had to make was one on ',h:ich it -as IaitC unnecessary to disp',y angry feelings. It would b,e in the r I ollection of the Bench that a witness, namedl Pewtrcss, hA been ewsalined on the trial of Scott. It was a matter of suspi. ton that Pewtress wa-s c.aled, as his namc bad not appeared on the back of thc bill; and since the trial therc was rea inn to suppose that te vvrdict of tbe jury had been influcnced bv the statement of that -wimes,s. That verlict had been precisely as it ought to have behn. acrding to the evidence. Much trouble had been ta!ta to ascertain whether the statement was tTue, hoivever, and it vwas found not to be the fbtct. Had the defendant been aware that Per-c7s was to hare been called, hc would hlave brought forward sideenne as to his character. lPpon his cross-examination he -.ltowrd much enmbarrassmient, for he was aware that his statement -eould appear before the Grand Jury, and upon that statement t-.c defendant hatl been feund getilty. Mr. Harmer, as solicitor ftar Scott. made the necessary inquiries, and ascertained that Petwtremt _a: not, as lie described himnsef to be, clerk to a merchlant ir MindagJ3ne ; and also that he did not live at W'Valworth, as he had sta.ed, b=t in a public-house in the ncighbuurbood of Doctors'. cvtnatomt. Thc landlorl of the house to which he referred was ir ckart, and ready to swear that lie never saw Pewtress before thlii day. Thrc were other circrumstances to whiic the most flat con trad1ctiozs were given, in affidavits. which he now had to present t: the Ccurt. Milr. Parkins had. on the tria', sworn that he did nol affiornt any body. and Illr. Bell irwas. ready to swear that, so fat frkim beirng calrn, the prosccutor sIrronted him. Here .Mr. Plitt .1rs presented the petition and affidavits. The CHAsRMAtr-1 YOU can't hand in afidavits You can appl3 .irurt.t tire ession ; or we can hear the Jury, if you r"quest it, re v,cetii their verdict. Tb; petition -as then handed in. Mr- Ar.t.sr.-I opose the petiUion. I think my lcarned fricnd': ap.licraric- quiitc anomalous. I havc never known such a proccetlini uri.ng 30 y.ars' practice. and consider it a most dangerous precedent V,t niav proceed bv indictment, if vou please; but you can't pro. ffl:d in any o:her wvay. 1r. Alley then proceeded to argue agains th: vc ivtmn of the petition. 3r. iOtILLtrS rose to replv, butt ras interrupted bv Dilr. Alley, Mr. P111ILiprs said it had been dcIided in the King's Bclielt, tt1 %ce tir.hf Ju.tice. that when a st.actnetit was tade. the oipositi nrwo nsl had a ridiet tl reply; and his learned friendi nigltt be awari .t thaot, it i-c would attend die cottrt tn wlhicih thcobscrvation wasimade, Alr. A .Lrs_-l shall nevcr be put down by a senior coutnsel. l- 2 by a junior counsel, who attenids 'It WVestuminster for truptcryv half guineas." 3Ir. Pirmtt rPs denied tIe practicc of attending at Westmlinstez -;r hk;lfr-aincas; bttt ccn if lie tlid. hc said, a W"estitinster lialt- Cumrea was as po"I ndt as ciean a half-euinen as an Old Bailey half. gnina %s to the reception of the affidavits, the defenidant could brnn- foni-ar ri-y vsrr cvidence on the sttbiect. The 0iAInSetN said, the petition coultl not be reccived, except n a plied for mercy. Mr. rIn i Li. i s aid. the teitition was for mercy. the CHAt a5Ls.tA ._1,et Pcwtrcss givc an account of himselft. Mr. AJ LLr.-The Court of Quarter Sessions lias no righit to roceed in erhb a nmanncr. The Clrtin Al tx- l proposC calling PewvtTcss. to say where he tm2tulir diti rcside- .Mr. ALLFY.-Theii I ,ty lir calitnot he callcdt. They hIave T.,er to indict him, but theY have no autlority to administer an oath after a vcrdict has been pronounced. Thre itin was sworn to 7ree cvidence, and you have no power wlhatever to recall hin). ('ttAtralt.sre-I beg yourr pardon; if, after a trial is over, atty -Juini: s uigrs.ted. anotiher persen can be ecamined. Mr. ALLr:y.-There is no iel'-er to do any thiin of thc kind. The ( nAin)tl A.-_It is then ere law of reason. Wh7liat ! is a nian, rtrcr bticeg been convicted on a wrong statement, to Le ilenie(i tile epgormnitv of ,tatin-- to that cfhct Is a niati, after the passing of seter.!oce pl'In him at the (Old Bitaley. to be lIanged before an asser- tinn b ard tating that the toot fla-rant perjury has been com. nttted =ninst -itn Here the Chairman called 1'cwtress, and lucstiored hbm:- JVrhe-rd<o st bve .-tts s. Andrciv's-hilt, with a fricntd. Where didl vi say you livedf .'-I s.aid \1alwortii. I gave a lirc nnr widv I trin,ght nrore emsily bc fiund. I offered Jlr. Pt'itl'p th: czrd of Mr. Nodin. my icniployr, bhut he tlcclined tn take to. li Ivat TitOt iav yot lived in M1incing-lanc ?-I said liark-latie, u here nv m -ter l as a cetinti r l:o;sc. The FI,r'nxtn of .I: .Iurv said. he lutu considered it his duty on tre tri,l to explain to hi. brcthrctt the cxceptions tg the evitdnce As' Wrr satlfitd biut one. Itier thev broke up, he sawv Mr. Hanntur. v ho said they had beet ititnosed tipoti. M1 r. HAustva.-l bert-gst titevi to make tneir xawi inquir . (One of the .turv said. that tiranv observations hadl beett ma'de uponl tie verdirte. Ilii diat-r_eetrent rested on the evidence ad- d'Ucd. a-,I the corndtct otf the prosccutor in Coirt. to which lie lIali drmwn the attention ot hts brethren. It hatl b en ascertained zha ('ew: ls lid not resile where he said he lived ; and it aits fe-,mi t!t, ftertndant. witr ess had Ilost tntlv dec- ibed hbimseltf and WA'I ar. CXtellent cl,a-ractcr. Tihc J.trv aid, they had 'ravwn up a paper recommending Scott tt, mer- v. Mr. Park;ns__M v namc is ntc-rtioned here, and I trust vou will vare sonic rt: nd tor ny fceltne' anrl claracter. The rotter thit mtrn. ins int sMtin qo. M1r. At.t yF adn-b .-d that lie was incorrect in his observatioiis witlh rc-pcec tost'c exarnitiation of ilte witneetcs. .MIDDLESEX SSSIJONTS, Afaodday, April 19.