Court Of King's Bench, We...
The Times, 1824-02-04T00:00:00

.LAW, REPORT. This, caseccane oi.to be,arjixed en-tbqrule tibt&ned. by the Crown tin behal. or tb fegpdailtfor anew trial. The.bistoryD? this case eatscartely 1[ib'e -'-he iecblleettiissie oioi?-reader. It will be remembered thi An.&xinsiins w-we pmferredl in the Excheqaer stizina si inj _i12, meiding near Scarborough cirigte Safr-aa~oestsf,Yf*shie. Oe o?f'ths,e5,Jang Law, was acqited,kutll ~her wre.cov1~edin: peoatiiis. Law pd. tie tubers iref~frd hid iient~; ighteenin nV'MViler,:h;tgalnit . tl e witnsse fo.therowi4 oryilfl a:d :qrr ,,ppqrjury.- The jstr- tie asindiqdwee dh~dedby heCrown, anid a great number df wtnss n hThsits stteiiedii Indo t gie cidnc-& on: the trials. Thledfirstlcise, z'heig on the ~oe.to~fJmsLw v- Wiffiapt Mead,!! cAte pnbfore ak sciljrylstdfrIir Id houn-, aeil t'arniniiie nav~ito-si .Ot te itl6t iog dayrthe second ease ~ea& calloll.on,wg seveay pca jrr aiipcare4, but the -Attoruley-Cfeneral aigrfsdhswratt the prosecuth&fr - i.i&t httie 8oic1togtenral (nowe Attorney), 'who "ed tor tbe4efrnee im; behWif f the Urown5 refiqsing, to pray a tals, he aseentoffby efalt f jrors. All the other cases werecaled il I sccesivly v~itit-Wl iat tihe same m-anner. The henSaic{tr~Gnerl,j rhsucee~ipgtpr, moved forea nsew trial n the ranIae,~I~a the, erdictwas tu nrw b day evidence; antI onaffiarieimearhng ts ustie, he ii~euis wa-s granted, and Mnd amittd to ail.On hs lieration, he went dlown. into Yorkshire. and there in a nigbt. brawl, tbe prosecuitor James Law, watt shot Oamd, and, it was aNeged, by Alead's hand. ?Vhe cotoner's inq~uest retturned a verrdict of tVifful M-,'crder aitainst, ANIP44 andna person named Belt, who were accordinglv commnitted -to take their trials for that olfence. At the ensuinig string asFizes a moti6n wall made on behalf of the prisoners to postpone the trial, on the ground of violent.existing prejudices, and, the public feeling htaving been strongly aroused, the motion wvas granted. Alead and Belt were tried before Mlr. Justice Bayley at the summber assies, wheir, -fter a trial of two days, Belt was acqutitted, and Mcad, the present defendant, found guilty of mnanflautchter, and sentenced toi a termr of imprisonment hri York Castle. WVhile the charge of mnurder was pending, thie C,ourt postpoedte argument on the -uile for a new trial on the coi,victiori MperIUr1, :)ut it ribw came on to he hecard. The LoisD CHIEF JUST icE read his report of the trial. The affidavits instiop)ortof the rule, andthiose in answer, were read byfte ollicer. Those onthe parLtof thiedefendant were chiefly d irected to - showe that material witiiesscs for the prosecution had sworn falsely ; ~Jhat, on the day atler the rusn of spirits, Lai.r7 C- knowle'lged he bad, been on thle spot, and offered gin to a man named T)somrps--in or sale; and that a harge ofstealingwood;nsadii b~' Law against Robeiet Mlead, one of the witness4es for the Crowrn was adi- duced in order to discredit Ihim in case he shouldi prefer t'ihb chitrye of smruggln.Svrl Iftoeo the part of-' the prosecuitioni weree dlireated'to throw discredit on the parties making affidlavit for the der fence, and reflected an them in langutage whlich the Court censured as improper. An affidavit 9f Jatne S'cott, wife of the wan wihom Mead swore 5wa with Liaw at the coast, seas read, wbich stated that ber hustband hav-ing been ill-on the lpreceding tin, was; in bedI the whole night when the spirits were landed. T_wo affidavits were th- put in of parties who visited Mlead when in custody on the charge of murder, andI who represented him as. asking ';How poor .erm (meaning Law) was ?" and on receiving answer that he was not likelv to recover, usedi expressions like thesie-"-~ Poor fellow ! I hope tie will, if he-gets better, I w'ill clear hiim at York; he had none of the stuiff there are maniy others wvho oughit to he here besides me." The officer was proceetding to read the affidavit of Ale. WVood, when The ATTO NE-r-GESrERAL. initerposed, and said that he under-' stood this affidAvit was mnade by the surgeon, who attended Law in hli, illness, to prove some dying decla-ration relative to thc cause, which he submlitted couldi not be read. Xr.-Jews.E admitted this to be the purport of the affidlavit, but conten3ded that it might be receivedI on the principle which rendleredI the declarations of parties in extrernis admissible on indictmnents for ftheir murder. The CO UR3T were clearly of' opinion that thie affidavit couild not he read. Dyng declarations were received in cases of murdler, on ccoDU nt ofte neest f hs aes, but they had never been ad. mTitted inanv other. Thiere were decisions expressly restrictinigthis Vpecie4 of ev~idence to trials for murder, and then to the immediate ctause of thie dleath, andi therefore they were bound to reject it on the presertt occasiion. .Mr. Jlox Es then oroceeded to shtow cause against the rule for a new trial. He remhitded the Court that the qutestion was peculiarly for the jury ; that it was placed by the counsel for the prosecution- on the broadest issue, and wats left to the jurTy by thie judge, in the fairest m-annier, anti with a caution, that if they entertaineg atny rea- sonable doubt of the ilefendant's guilt, they oughit to acquit himi. At the trial in the Exchequer, thie issue was precisely the samie- was Law at rhe Snle..pans-ay and no ? andl the jury found that lie was not ; so thait two special juries hiad, after laborios inlvestia- tions. arrived at the samie conclusion. Thie learnedl counsel tthen proceeded to adlvert to the psoints of evidence, through whichi ouir limnits wrill not permit us to follow him, and contended, that thte ap.1I parent di,,crepancies in tie case "or the prosecuition were satisfacto- rily explained. anid that the weighitofr testimony wvas decidedly in its favour. Adverting to the language of MNead, in prison, at a timec -when the charge of Perjury hiadi sunk into insigniliriance in compa. rison with that of runner, he areued that his words could be con- s;trued only as an andmission. of Law's entire innocence of partici - pation in the smuggling adveniture. TI'le expense of' these prosecui- tionls had already exliatisted all the fuinds of those by whom they were instituted. Law himiself, on the trial, Swore that he liad mort- gaged his little estate to raise money atid as, fromi the course put-' suedt by the Crown, tin one caise had been brouight to trial, the con- sequence of scttinCr aiside the verdic-t wouldl be to deprive these mien, struaggling for th-eir character, of all opportunity to obtain justice. Mr. Cse;-r-ry followed on the same hide. T'he A TvTORE-av.(axaRAr rose to siuplport the rule, hut ob. serving the Judges beginning to dfeliberate, sat down. The .iodges continued in deli-beration for somie time, after whichi The LoanD Cuter Jis-rice satid. The strong imuression on lily mind is, that there sliouhlI be a new trial but I thinik it oughit to he oni payment of costs by th4e defenidant, as otherivise we iiiay shutt ouit thec prosecutors froin bringing the ease toD another Inquiry. The A TToTSt?Ey-GExEIRAL saidl, lie fuilly acceded to the piro- priery of this Suggestion, andi askcd tor the new trial only on those The LOan CHTEF .JrUSTIC.-l abstain.fromn making observa- tions on anv part of the case, ant(i tie reason why I dlo so will be well uinaerstood by-every geiitleiiian of thiebar. Let therecbe anew trial oni p ayment of costs, andi let the evidence of Law be read on that tri.'J and the testimnony of' any witniess on eithier side whio miay die in the interval. TilE YIVGt V-. Jr. W. TRUTs. The e, iai whlo was foundi guilty of publishing " Pabnet's Priaciples of ANatuzre," and committed last Terim to Netegate, in order tfha-t lie oujght hiave an opportuntity of givinig uip. the anti- Chiristian works in hiis possesmion, now appeare(i in couirt to receive judzment. He put in asi affidatvit, alleging that he lhati given ,up hII tradec to a .Mr. Jones, iinder the express stipuilatioti that iio irreligiouis works shiould lie soild in the situp zthat lie hiad entirely aba.-idonied the sale of suchi publications, andl intended never to Ite- sunic it ; and thialt lit lhad brought liii whiole stock of ant-i-Chmeistia::. bookz; into coulrt, ammiauting to 1,100 in numiber, whichi lie was willinig to rezi-.im In ref'erelice to ain expressiosn of Air. Justice Basyley onl the former hearinig o1t'the cast, he sitatedi, that two yeatrs agzo, lie attend.ed ;a I IniitariaLn chiapel, wliere lie hieard tile divinity of .Iesus Christ iaipugnedl andl lie unided, thtat he liad a mother verv Ill ; anni a sister oim thle point of dedstlt ; altitthat his owni health hiad sustained ronsirlenuble '1 ory The miefendant expc Isseilr ii wL~ that his couinsel tliotlid address tIn' Court. Trhc Clovt-t-t replied, thiat hie counsdNi-id been already licardl, buit that utyi) wouilit willingly licar an~y observations of Itis ownv. The dlefend(ant said a few woirds in a vi~rv re-spectfuil niar,ner, expresillg hlis COLTrition, ant ii-. in metcruiiiiatiiott not to repeat hiq offence, and ref'erring to the cases of Beuibow andI lolby, wtio were aliowe.l to depaLrt without punishnment, on giving: up the objection. able works- Time Co Iunr su6gested, tliat perliapr, the justice of diec case WaS alIready satisficed. 6, The' ATTouirFxexE.GEilgAs, assented, hut expresscid a hiopec tha.t? tile forbiearance exerciged in this case vouild noet operate as aii unaru.rageniclit to othiers. The LORtDiCHIiEF JiUSTi IC!Saidi, fliAtit wouldi not be so undert. stood, because the detecndamut had alreadly stiuffereil nio inconisiderable punishmnent;, and hie was inrhuscerh to recomimend a lenient couirse- fromi the bojib that better principles wonhi1 spring up in this yotung mian's nijoi.ii The defendant thenii on entering into a rule, consenting to the de- str-uctwn of the bookts, and inito his own recogniizance to, appear ait receive jaidgmniet if called on. was discistarged fromt custody, andf left the c-oint. TrsuC Yasso, o, -rll: PRtOSECU;TION 05 GORGotcE C1IET1VYNs,, '5Q., a. P., V. Tit E Slit-1res l'ts EiSS. Thie ATToRIJET-GEi;v:aAL mnoved for a rule calling on the proprietor, t1;u printer, atnd the pubiltiser of the Thrjti.r/s f'rs-e, to show, cause why a criminal inforimation shiotihd iiot he exhiibited a"ainst themn for libclloits eLrtices reflecting on M1r. Ueorge Cliet. wy-ndc, the chiairmean oftheiuc arter se3sions for the couinty of Staf- ford, in tisa chuaracter of maitrte aiid memiber of Parliattient. True emcumaintancsoto w"hich tis I'application arose were. ha follow: Someitune aoa persn nn.micel Cookeap3peare,ilat staffbri, claiming the titlte ofBaro~n of' Staff'ord, and ithe lands in the possession of Sir- Gecorge Jerninghaem. For thec purpose of gaining possession of part of the-se landsl tic granted leases at low remlx, anoI stniployed Nfr.' Chiarles Flinit, clerk to hi3 brother, an attorney at U-ttoxeter, a ,' ofhi get. Ie-iaaus granted P, close tipon suchi terms, of wh;ch the lessees took for-cible possession) wlider circumstances w.hich)}Jstfifo die mialistrates in Dioceeding against thiemi as wilfual artQ1 lnialiW)oul trespassers. -A warrant was accoedlingly granted, to -- apprehend onie of themn, andl was about to be cxc- coited whlenl '~i icers were resisted by a riotous mnob, of 1300 or 701) persarls, am~~whiris was" lr. Ch-4rles F'lint. At rite Statl'oid Scessions several prilsqwis of-whom Flint was one, were: indaitctd and tried for the riot; ihlr:.Chtctwyndec presided: the case t,n botlh Sides was, coniducted by cinliiMl, anlli thle result Was a VertlCt Of pUilty. on the 217th of'leteniber, J1P23, appearcil the first artiede in time Britisrh Pres", zelative to thig -transaction. The Ic-arnied Attorney. General read the article, whmichi,. 4fter'sonic gzeneral observations oP the powe.silittisted,to magis-trates, 'procded to comment on thce case oflitT. -harles Flint, asctibing his prosecuttion to AMr. Chet. wynde, tfile auVhor of the Vagrant Act, which it reprobated in strong language. It alleged, that Mr. Charles F'lirit took - no part in the riot, bitt mertely begged Iave to inspect the authority of thc con- stable whoatiuie to lav halidx on his client: that the magistrate be- fore whom tINe cliargc was Preferred- dismissed th -coniplaint, and tlit an indiinent against MIr. Fliht 'as, preferred, by the advise smd scret ageecy of Mr. Chetwynde-who afterwards sat asJudge to try it. Al t(is was fklse; the maglstrate-did nt- disuliss-the com. plaint but bownd ecer the parties -to answer.it at the sessionst; and ?lr.lZesrttnde neverinterfered in psonieting the char e,as net only be,: btas2tSii George- jertingham a lawl.aent, postttvelysoroe. The mtuter vent,Ent to say, that le shouil, rceurn to thoe sutb_ Jet, arnt shotuld .make sonie observatiorts on. the ca6e- or. Mr. A.br Lah --lint. the brotber tof M,SChasies Flint,-lvh.s.had ahsafoierly keelived sentence fotou -41c,CItwyndc fpr an"maualt, *SBich-iha seen imme tCI3y-cmnullf- on -apnticatiron to .tho Secre- it-s; uf.State.. EThis f9as so.far-fron lie, tutitht, that Ztr.-Cjhetwfidle hisiseellappietic to -Iaord Sitlinousithta remission of the .senteoice but.lfsIalst5ip tefstted g his eeqti t-, and 6h9601sM, Kutler aIhppse Ftirrsme,-andzI1e1 es secctisil{ethee c4Mr,Chetwynsldeikaiin ntwplitert, tsw ?eBilAtison-rsr g%A'ti- In-psirsuance of-this novfife tihewrittr in:diea Brtit aresr., fti.af Jsnuary laat, reLturnedi t4thm'c chrarge.-stsiing th t.lr.Ueel h.id;isectdedan irir~neiry into the eavse of M,Ull harles Fltnt; and that the tusngistrates e1 the .-ounty had met. wh} etse bard Lltutenmatttook a most honntrable part - -butthathisp'opostiIoriis were outvoted by Dlr. Chetwynde.s adhe. rents. Thsiamsgain *va:fase : a ueceting ofshe magistrates had been. Mr. Justice BAXJEY..And IIfr. Chgtwynde was not the magis- tTate who granted the original warrantIb . The ATTOWy4EIG.I"NhAL.;-CCARInI not; nor id he tae .any patf in thc.transactlonW -. ^- JIr. Justice LAYIire A . s'tinctg negatived the.aaertn tbatLte recomme leda the ind4iWluent ?. The A.TTdR',O e r nij,ghend agent-.jois hi, .;. Thc Lrtb CJ-swrs'or. JXte:0 deAi tev GAeneratto state how be bVrotght.hotne th nps1atjon tptbe deendaPta., -; T,e Arton .GExRreAu st ea &?fi4he, . a avitw Stamp otihce, skdahepartes.wfr atecttyp,rxqrp,ublser, and printer, . . ..'; . .H e Cit J ATak,s rule-to show aise. . The ATTOMVE:Y-0z-rzRg,V beggc$ g;m a 4ziiar motion againf t theproprieor~, lsb1iher~. andlpnritevr of XtEeI R4:Aq r icr; -tQr'the same artile:s, and narvitiLaxleirg4tirfidehoOd, and of the counexion-o? thedefendanta-witI be.paper -. The COURT granted- tlierle tosbow veake; - . DIBDIN V. ELL'ISTO0i. - . . 1r. COOPER moved fora rule, ce.lling on 3Mr. Ellistod toshow cause why he should not give to.AIr. .Thonas Dibdin a copy of an engzagement made with him in the bookpf Drury-lane theatre. - Atr. Elliston had agreed to emnploy- Mr.-'Dibdan os atage-manager for a term of years, which hid been broken, and Ar. Dibdju haglbrought aih action to reedver damages.' The teams, according .to ins o, were written in the book of the theatre, and . iMIrv Dibdui wishea po. inape~ts them, in order to avoid a variance, but Mx.. Ej1stonxiadre- fuaed to nUow him the inspection. The Couit granted a rule to show cause. COUR;T OrKINRS.*BEN-fL WEST,.NtyvErE. FEir. I.. 1TU3e i 1Ta V- W ILLAM- -!SIAT.-