HARVAR UNIVERSITY

LIBRARY 46*130

THE STATE TRIALS COMMITTEE.

Lord ACTON.
Lord COLERIDGE, Lord Chief Justice of England.
Lord BRAMWELL.
*Lord LINGEN, K.C.B.

Lord ESHER, Master of the Rolls. *Lord THRING, K.C.B.

Rt. Hon. LORD JUSTICE GENERAL OF SCOTLAND.
*Rt. Hon. Sir CHARLES S. C. BOWEN, Lord Justice of Appeal.
Rt. Hon. ANDREW MARSHALL PORTER, Master of the Rolls in Ireland.
Rt. Hon. LORD ADVOCATE OF SCOTLAND.
Hon. GEORGE DENMAN, one of Her Majesty's Judges.
Hon. Sir James FirzJAMES STEPHEN, Bart., K.C.S.I., formerly one of Her

Majesty's Judges.
*Hon. Sir ROBERT SAMUEL WRIGHT, one of Her Majesty's Judges.

Sir REGINALD EARLE WELBY, K.C.B. *Mr. HENRY JENKYNS, C.B.

Mr. GODFREY LUSHINGTON, C.B. *Mr. Thomas Digby PIGOTT, C.B. *Mr. KENNETH Muir MACKENZIE, Q.C. *Mr. HARRY BODKIN POLAND, Q.C. *Mr. FREDERIC HARRISON.

Mr. JOHN MACDONELI, Editor and Secretary.

* The members whose names are marked with an asterisk act as a sub-committee.

iv

PREFACE.

This volume contains reports of Trials between the years 1831 and 1840.

In the preparation of this volume the editor has received very great assistance from Mr. S. G. Lushington, Barrister-at-Law.

The portrait of Lord Denman is from a picture in the possession of the Hon. Mr. Justice Denman. The plans are from papers in the possession of the Solicitor of the Treasury..

To this volume applies the remark made in the Prefaces to earlier volumes: “The Committee are in no way responsible for the statements contained in any of the cases; and they were not, in their choice of trials to be printed in full, guided by any opinion which they might entertain as to the conclusions arrived at by either judge or jury on any occasion."

May, 1891,

TABLE OF CONTENTS.

The BRISTOL Riots :

Pago

Charge of Tindal, C.J., to the grand jury at Bristol. Opening of the Special Commis-

sion at Bristol on January 2, 1832

2

THE KING AGAINST CHARLES PINNEY :

Trial at Bar on October 25 to November 1, 1832, of Charles Pinney, before Lord

Tenterden, C.J., Littledale, Parke, and Taunton, JJ., and a special jury, for

neglect of duty as mayor, on the occasion of the riots at Bristol on 29th, 30th, and

31st October 1831

11

THE KING AGAINST GEORGE FURSEY:

Trial of George Fursey before Gaselec and Parke, JJ., Mr. Recorder Law, and a

common jury, at the Sessions House, Old Bailey, on July 4, 1833, for feloniously

stabbing

543

DICAS AGAINST LORD BROUGHAM :

Action of trespass by John Dicas against Lord Brougham, L.C., tried before Lord

Lyndhurst, C.B., and a special jury, December 3, 1833, in the Court of Exchequer

at Westminster

569

JEPHSON AGAINST RIERA :

Appeal from the Supreme Court of Gibraltar to the Judicial Committee of the Privy

Council, May 21 and July 3, 1835

591

CAMERON AGAINST KYTE :

Appeal from the Supreme Court of Civil Justice of Berbice to the Judicial Committee

of the Privy Council, December 9 and 21, 1835

607

DOBREE AGAINST NAPIER :

Action of trespass against Admiral Napier (a British subject in the service of the Queen

of Portugal, contrary to the Foreign Enlistment Act, 59 Geo. 3. c. 69.), in the

Court of Common Pleas, April 27 and 29, and May 9, 1836

621

MAYOR OF LYONS AGAINST THE EAST INDIA COMPANY :

Appeal to the Judicial Committee of the Privy Council from the Supreme Court of

Judicature in Bengal, December 2, 3, and 12, 1836, and February 22, 1837

647

STOCKDALE AGAINST HANSARD :

Action of libel by John Joseph Stockdale against John Hansard, Luke Graves

Hansard, Luke James Hansard, and Luke Henry Hansard, tried before Lord

Denman, C.J., and a special jury at Westminster, on February 7, 1837

723

Argument and judgment on a demurrer, suggesting that documents published by order

of the House of Commons were privileged, in the Court of Queen's Bench at

Westminster, before Lord Denman, C.J., Littledale, Patteson, and Coleridge, JJ.,

on April 23, 24, 25, and May 28 and 31, 1837

736

Motion to stay writ of inquiry before Littledale, J., November 9 and 11, 1839

Argument and judgment on motion for payment over by sheriff of proceeds of execution,

in the Court of Queen's Bench at Westminster before Lord Denman, C.J., Little-

dale, Williams, and Coleridge, JJ., January 11 and 22, 1840

948

Argument and judgment on motion for attachment of sheriff for non-payment of pro-

ceeds of execution, in the Court of Queen's Bench at Westminster, before Lord

Denman, C.J., Littledale and Williams, JJ., January 27 and 30, 1840

956

WRITS OF HABEAS CORPUS IN THE CASES OF THE CANADIAN PRISONERS :

In the Court of Queen's Bench at Westminster, before Lord Denman, C.J., Littledale,

Williams, and Coleridge, JJ., January 13-23, 1839 -

963

In the Court of Exchequer at Westminster, January 24-28 and May 6, 1839

1031

061636.

b

946

vi

TABLE OF CONTENTS continued.

THE QUEEN AGAINST HENRY VINCENT AND OTHERS :

Page

Trial of Henry Vincent, William Edwards, John Dickenson, and William Anselm

Townsend, before Alderson, B., and a common jury, at the Monmouth Summer

Assizes, August 2, 1839, for conspiracy and unlawful assembly

. 1037

THE QUEEN AGAINST HOWELL AND OTHERS :

Trial of Jeremiah Howell, Francis Roberts, John Jones, Thomas Aston, and Henry

Wilkes, before Littledale, J., and a common jury, at the Warwick Summer Assizes,

on August 1, 3, and 5, 1839, for riotously demolishing a house

1087

TuE QUEEN AGAINST JOHN COLLINS :

Trial of John Collins, before Littleđale, J., and a common jury, at the Warwick Summer

Assizes, on August 5, 1839, for publishing a seditious libel -

1149

THE QUEEN AGAINST LOVETT:

Trial of William Lovett, before Littledale, J., and a common jury, at the Warwick

Summer Assizes, on August 6, 1839, for publishing a seditious libel

- 1177

THE QUEEN AGAINST Joseph RAYNER STEPHENS :

Trial of the Reverend Joseph Rayner Stephens, before Patteson, J., and a special jury,

at the Chester Summer Assizes, on August 15, 1839, for seditious words, riot, and

unlawful assembly

1189

CASE OF THE SHERIFF OF MIDDLESEX :

Proceedings upon a writ of Habeas Corpus in the case of the Sheriff of Middlesex,

before Lord Denman, C.J., Littledale, Williams, and Coleridge, JJ., in the Court of

Queen's Bench at Westminster, on January 27, 1840

1239

APPENDICES.

.

.

APPENDIX A. :

Page | APPENDIX D. :

Page

The Earl of Waterford's Claim -

1261 Taaffe against Downes

• 1317

The King against Delany and others

1261

APPENDIX E. :

Cuvilier against Aylwin

1280

The King against Lovelass

Opinions of the Law Officers as to the disposal

1280

of the Canadian prisoners -

• 1347

Drummond's case

1281

Countess de Con way's case

APPENDIX F.:

1281

Count Wall's case

• 1281

Charge of Alderson, B., to the Monmouth

The King against Dixon

1281

grand jury

1349

Donegani against Donegani

1282 APPENDIX G.:

The Braye Peerage

• 1282

Opinion of the Secretary of State on the con-

The Vaux Peerage

• 1283

duct of the Birmingham magistrates

- 1351

Beaumont against Barrett

. 1283

APPENDIX H. :-

In re Adam

• 1284

Her Majesty's Advocate against Hunter and

Sentences on Chartist prisoners at York 1353

others

1284 APPENDIX I. :-

The Camoys Peerage

• 1290

Opinions of the Law Officers on the proclama-

The Queen against Cardiral and others 1293

tion of Martial Law in Canada, and as to

In the matter of the Serjeants-at-Law 1294

aliens guilty of high treason

- 1353

The Presbytery of Auchterarder against the APPENDIX K.--PLANS :

Earl of Kinnouli

. 1298

The Queen against Feargus O'Connor

Sketch map of Queen Square

. 1299

• 1965

Bridewell and vicinity

1366

APPENDIX B. :

Bishop's Palace

- 1367

Island on which Bristol Gaol

Court-martial on Lieut.-Col. Brereton • 1313

stands

• 1368

Bull Ring, Birmingham • 1369

APPENDIX C.:

INDEX OF PROPER NAMES •

- 1370

Inquest on Robert Cully

• 1315

INDEX OF SUBJECTS -

1394