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punish summarily by beavy fine would be communicated to all. in such a case as the present, or If Mr. Clement had committed to make the order prohibiting any crime, he might have been the publication of the proceed- indicted, and punished by the in. ings upon the trials in question, tervention of a jury; but he which were fully terminated at most earnestly deprecated the the time. Such publication was assumption of so terrible a power, in perfect coincidence with the as that of making an order for publicity of all proceedings in which he could find no prececourts of justice, which was one dent, and then for non-compliof the most important privileges ance with that order, summarily of the people of England. The amercing a man in his absence laws of this country, by the con- with so heavy a fine. It was a stitution, were required to be most alarming circumstance; and administered in open court, in if the sessions court of the Old the most public manner, exempt Bailey assumed a power which from all mystery, and to which he always understood to belong the whole public had the right exclusively to the superior courts of access.

'If the whole people of Westminster-hall, every court of England could be present, it of quarter session in the kingdom would be so much the better. might claim a similar power of .The defendant, then, had only summary amercement at its mere communicated that, which the discretion. He did not deny the whole people of England had a power of the court to fine its own right to know. It was not an officers, or any of the persons ex parte statement, calculated to connected with its proceedingsprejudice any party. It was not as the sheriff, the constables, the a partial or garbled statement, jurors, the witnesses, or the parbut a full, fair, and true state. ties in the case, or the persons ment, and not liable to the ill actually present in court; but he consequences which might result positively denied, that the court from partial extracts, or exag- had any such power over strangers gerated representations, which absent, and not in any way conmight go forth from verbal re- nected with the proceedings bepresentations; and, therefore, fore the court.

Upon these upon a fair balance of the conve- grounds, therefore, he contended niences and inconveniences, the that a certiorari was the best mode preponderance would be in fa- of brioging the orders of the court vour of the former. The whole below before this court, to in. panel of the jurors were present quire into the legality, and during the two first trials, and decide upon the question soheard the whole evidence, and lemnly. consequently could imbibe no

The court held, that the order prejudices from a fair statement of fine had been correctly made of that evidence in print. Wit- by the court below; and decided nesses could not be prejudiced by that the rule for certiorari must this means alone, because from be discharged. 'communication with each other after the two first trials, what was sworn by the witness examined

tified also as one of which he had FEBRUARY 21.

printed 400 or 500 copies, by the SEDITIOUS BILLS.

order of Fletcher. It was dated

September 1, 1819, and purThe King v. O' Bryen and Another. ported to be an address to the

The first witness called was, electors of Westminster on the

Arthur Seale.-Examined by refusal of the high bailiff to call Mr. Wilde.--I am a printer, and a meeting at that period. This live in Tottenham-court-road. I was as violent in its character as know a man named Fletcher, or the former. Witness said, he had Franklin, or Forbes. I first knew no manuscript copies of any of him by the name of Oliver, on these. A manuscript was now the 1st of July, 1818. He then put into his hands, which witness applied to me to print a posting proved to have been written by bill, which I did. He brought it Fletcher at his (witness's) desk. to me on the Saturday, and I He printed about 500 copies by worked off about 400 or 500 by his order : it was a kind of adSunday evening.

dress, of a most seditious chaA posting-bill was here handed racter, to the Non-represented Reto witness, which he said was the formers ; and was signed, “ One same as that which he had printed of the Non-represented." The for Fletcher. It was dated July next placard handed to witness, 2, 1818, and purported to come he identified as having been from the Westminster committee. printed by him, about the 21st of room, and was addressed to the July, 1819, addressed to the Nonelectors on the election of sir represented; it was still more seFrancis Burdett. It was of a ditious in its character than the most inflammatory nature. former, and was a direct incitement

Seale continued.--" I remem- to rebellion. The witness conber the chairing of sir Francis tinued—“ This was delivered to Burdett. It took place, I believe, Fletcher in parcels, the same as on the 11th of July, 1818. I saw the others : Fletcher came to Fletcher about that time. I fetch the parcels away in a hackprinted about 500 copies of a bill ney-chariot. The chariot did not which he brought me. I also drive up to my door, but stopped printed some hat-labels. I had about seven doors off, between some conversation with Mr. Carmarthen-street and St. PanFletcher about them, and he said, cras-street. This I remember « Let the fools wear them; they was on a Monday. Fletcher had will be the more easily picked out been with me on the Saturday bem to be put down." The placard fore with the manuscript of the was here put in and read. It bill. It was about four o'clock was headed, “ The Triumph of when he came on Saturday, but the People.” It alluded to the I cannot say whether he came in chairing which was to take place, a coach or not. He came on and in one part it mentioned the Monday about a quarter past that the only alternative for the

I cannot say in which people was liberty or a glori. direction the chariot came; but ous grave!” Another bill was now when I saw the horses, their heads handed to witness, which he iden- were turned towards the Sta

seven.

Giles's end of Tottenham-court- served, that it might operate on road. I had the curiosity to go the minds of some of the jurors, out and look at the coach, and I who might fear assassination ; but found that an elderly gentleman he said • Never mind; the trial is was sitting in it. I did not then all a sham, the jury are already know who he was, but

decided, and have made up their since found that it was Mr. Denis minds, and Burdett is sure to be O'Bryen. I was induced to go cast.' “In August last (wit. out to look at the number of the ness continued), I think it was coach. I am certain that it was about the 25th, I printed 100 the same carriage in which Mr. copies of a placard, by Mr. Fletcher came; I saw him coming Fletcher's desire. It was headed, out of it I now recollect that “ Evil to him who evil thinks," the carriage came in the direc- and purported to be an address tion of St. Giles's. I know a from the committee for managing person named Hockley. I had the subscriptions for the queen's sent for him that evening on pur- plate. Fletcher always took pose to watch Mr. Fletcher.” away the manuscript, except the Another posting bill was here one which has been already given shown to witness, of which he in evidence. I once made objechad proved that he had printed tions to Fletcher against printing 250 copies by Fletcher's order. those bills, and he told me to be It was dated Michaelmas-day, under no apprehensions—that I 1819. The next placard shown should be much employed, and to witness was dated in Septem- had nothing to fear, for that ber, 1819: of this, witness printed nothing should happen to me, about 200 copies. It was ad- and I might depend on being prodressed, “Suffering Fellow Bond- tected in what I did. When he men,” and entered into what were brought me the last bill, he told termed the bloody murders com- me I should have a great deal to mitted on the king's subjects. It do now that the queen's business was of a most seditious character. was going on, and in a day or The witness now identified several two he would bring down a postprinted placards of a most inflam. ing-bill, which he wished that matory nature, which were suc- nobody should print but myself. cessively handed to him; they I had not seen him till that time, were all printed by witness, by since I printed the circular reFletcher's order, in quantities of specting sir F. Burdett's trial. from 200 to 700, and were dated He told me, that he had been in åt different intervals, in 1818 and Petersburgh since then. I saw 1819. The next placard which him on the 24th of September was handed to him was the cele- last, then on the 30th, and afterbrated circular letter, which had wards on the 2nd, 4th, and 5th been sent by the post to the jurors, of October. I believe I was miswho were summoned to try sir F. taken in saying the 24th of Búrdett at Leicester; it was August a little while ago. I dated March, 1820. Witness meant the 24th of September. said, “I printed 50 copies of It was then he came to me with this: I spoke to Mr. Fletcher the placard respecting the queen's about the nature of this, and ob- plate. I showed a copy of this to an individual, and afterwards I whether it was the same person. saw Mr. Charles Pearson (the Mr. Pearson might have told me attorney) on the subject. He to go; I don't say he ordered me came to my house for the pur. to go; but in a conversation I had pose of seeing Mr. Fletcher. "He with him, I said I might as well saw him there.

I pointed him take a walk down to see Mr. out to him. The person I pointed O'Bryen, and he said I might: out was the same who had given This was on Monday last. I had me directions to print all the bills said, that I had not seen the genI have spoken of. Mr. Pearson tleman since I saw him in the saw him on the 1st or 4th of carriage, and that it would be October. He also saw him on prudent in me to ascertain whether the 5th.

it was the same person. Nobody Cross-examined by Mr. Scar- told me it was Mr. O'Bryen; lett.-I first learned Fletcher's but the reason I supposed it to real name, when he was taken be him was, that I was told by the prisoner.

Before that, knew person, whom I had sent to watch him by the name of Oliver. Mr. Mr. Fletcher in the coach on a Pearson told me his real name. I former day, that he had seen him always called him Oliver to his come out of Mr. O'Bryen's house. face, and supposed that that was The witness explained this immehis name.

He used to pay me diately by saying that he had for the bills, but he is still some. been mistaken. He should have thing in my debt, as some of the said that Mr. O'Bryen was seen bills

were done on account. If I coming out of the carriage, and had thought that any injury would that the other gentleman was afbefalme, I should not have terwards seen going to his house, printed any of the bills. He told He continued :-"My reason for me on one occasion, that I was going on Monday last to Mr. employed, through him, by lord O'Bryeo's house was, that I did Bathurst and Mr. Canning, and not wish to speak positively to that I should be protected in the man unless I was certain. A what I did. I printed a libel in Mr. Hockley went with me to 1802, and was prosecuted for it. Craven-street. It

was about I often saw Mr. Fletcher come to half-past three when I went. I my place in a coach. I was mis- walked up Craven-street from taken while

ago, in saying that that time to five along with Hockthe horses' heads were first turned ley, and saw Mr. O'Bryen coming toward St. Giles's when I first saw out of a carriage. I recollected them. Mr. Fletcher was in my him immediately. He was alone." house, when I went to look at the The witness was now closely exanumber of the coach. He was mined by Mr. Scarlett, as to then tying up the bills. When where he had spent the earlier he came out, he went on a little part of Monday before he went and beckoned to the coachman, to Craven-street, but nothing who followed him. I have since material was elicited from him ; learned, thạt the gentleman who he added, I went immediately, and was in the coach, was Mr. D. told Mr. Pearson that Mr. O'Bryen, O'Bryen.

I went to Craven- was the man I had seen. I never street on Monday, to ascertain said before now, that I once fol

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lowed Mr. O'Bryen to Charing- witness's wife. The next meetcross. I said I followed Fletcher ing, about which he wanted witto that place, and saw him take ness to stick up bills, was in the another coach and drive to St. city. Witness refused to do so, James's-square. He went from and alleged the danger with which thence to Downing-street ; I saw it would be attended, as the him once or twice go to lord officers were on the watch, in Sidmouth's office, at Whitehall. consequence of the bills which I did not swear this in my affidavit. had been already put up. The I sent for Mr. Hockley to watch person who came to him said Fletcher, as he had not paid me there was no fear, that he would for some of the work done.

get him a great coat to hide his John Jones examined by Mr. paste-pot, and that he would be Hill. I am a bill-sticker, living as safe as lord Sidmouth. He at No. 1, Garden-lane, King- laughed at him for being afraid. street, Westminster.

Witness, however, persisted in Scale was here re-called, and the refusal, and would not put up asked, whether he was ever em- the bills. His daughters were ployed to get a bill-sticker by present, when this person came Mr. Fletcher. He replied that to him the second time. he was, and that he had recom- This witness was not crossmended Hockley and Browne. examined.

Examination of Jones was con- Anne Jones, a young girl, the tinued.-Witness had been ap- daughter of the last witness, plied to by a person, in the year proved that she had been ordered 1819, to stick bills. The person by her father to watch the person who so applied was of a ruddy who had come to him about the complexion, and about 5 feet 6 or bills. She believed it was in 7 inches in height, rather stoutly August, 1819. She followed him made. The bills he stuck up had to No. 21, Craven-street, Strand, reference to a meeting which was the house of the defendant, Mr. to take place in Palace-yard. He D. O'Bryen. went with the witness and showed John Hockley, examined by him the places where to stick the Mr. Pearson.-Proved, that he bills. He stuck up about 100, had been employed by Fletcher and got in all 12s. for the job. to put up some of the bills which He next proved the having stuck the first witness had identified. up some of the bills, which had Fletcher went with him on one been already given in evidence, occasion, and remained out with previously to the meeting in him while sticking them, till about Smithfield : : one of them was the four in the morning. He then address

“ To the Non-repre- described his having watched sented.” Witness first objected Fletcher by the direction of to stick them up, as the printer's Seale (the first witness). It was name was not to them : but his a few days before the Smithfield employer said, there could be no meeting, in 1819. He saw him danger from the quarter from in Tottenham-court-road, coming which the bills had come. It out of Seale's house, on the night was near a month after when he of the Monday before the meeting called again, and left 2. with in July. It' was about eight

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