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ets, &c. that are lying in wait for lion in his realms; with holding cor
respondence with the persons in power After noticing some ineffe&ual at- in France, and collecting the fenfe of témpts to obtain a likenets of him, Mr. the people of this country, in order to Pratt adds:
ascertain whether an invafion might be " You will doubtless throv (aefe fal- successfully attempted, and with sending lies among ft his fingularits, but they such information to the enemy. He was ate by no means to be ftigmatized as farther charged with traiteroudly coraffectations. From a very intent ob- refponding with the Rev. Mr. Jackson, fervation on Mr. Howard, I am per. (some time fince capitally convicted of fe&tly satisfied that as he had but few high treason, who died before the day who acted like himself, the proportion of execution), in learning the probable of those who felt in the fame way the success of invading Ireland; and with ordinary refults of such actions were having sent intelligence and various ndt greater. That he was insensible to useful articles to the enemy. honeft praise cannot be supposed, with. The Attorney General then stared out depriving him of emotions which the circumstances of the case at full the most ingenuous modefty may in. length; the leading features of which dulge, and which are indeed amongst appeared to be, char Stone had a brothe moft natural pleasures of the human ther, J. H. Stone, fettled at Paris, who mind; but to court the reputation of considered himself, in fact, as a Frenchbenevolence, by suffering the lucre of man; which appeared particularly it to mix with any of his motives, or from one of his letters, in which he ftill worse, to make it as, alas! too said, “We have declared war against many people do, a first great cause of you. Holland will soon be in our porbeing bountiful, argues an envy or a session, and England will afterwards depravity in those who impule to him follow.”. With this brother, hy means such vanities. In a word, if ever a of Jackson lately convicted of high human being could be truly faid treason in Ireland, Stone kept up a to " do good and blush to find it correspondence, and gave him all the fame," it was the late Mr. John How- information he could procure, to be ard."
communicated to the French govern
ment, as to the probability of success Trial of William Stone. which might_aitend an invasion of
England by France. In the course of HURSDAY, January 28, 1796, this enquiry it appeared that Stone had Bench, London, the trial of Mr. W. lord Lauderdale, Wiliam Smith, efq. Stone, who has been under confinement M. P. and others; and that from the for two years, on a charge of high irea information he obtained he became fason. About eighty names were called tisfied that from the general loyalty of over, before the jury were formed as fol. the people here an invasion was by no lows:-J. Leader, gent. J. Mayhew, means likely to succeed. But that in efq. J. Etherington, teaman, T. Cole, Ireland success was more probable. brewer, Chas. Minier, feedsman, Dan. Jackson was accordingly sent there, and Dyfon, e19. T. Burnett, efq. W. Sum- lupplied with money by Stone to obtain ner, filversmith, J. Larkin, oilman, fuch intelligence, and to lay fuch plans Peter Taylor, block-maker, W. West, as might send to asfiit the views of the brewer, I. Dimidale, coachmaker. French. It appeared that Stone com
Mr. Barlow read the indi&ment, municated to his brother the little prowhich consisted of iwo counts, includ- spect of the fuccess of an invasion here, ing fourteen overt acts of treason; in order to diffuade thofe exercifing the charging the prisoner with traiteroudly powers of government in France from confpiring with his brother John Hur- undertaking a scheme likely to be fo ford Stone (then in France) to destroy fatal to their interests. the life of the king, and to raise rebel. The Attorney General alluded to
several letters between the prisoner, tween Jackson and Stone, several let. under the fi&itious name of Enots, ters of the former were produced, par(Stone reversed), his brother, Jackson, ticularly one which pointed out the in the name of Popkins), Horne particular parts of Ireland moft faTooke, and others; all tending to vourable to an invasion by the French; shew the criminality of the prisoner ; and Mr. Cockayne, the evidence againft concluding a very able and argumenta- Jackson in Ireland, was called, and tive speech by observing, that the coun. #ated the whole of his connection with fel for the prisoner might say, that he Jackson, nearly the same as he did on had acted for the interest of England, that trial. inasmuch as, instead of promoting, he At half after ten the court, with conhad prevented an invasion! But how fent of counsel, adjourned to nine could that be said? for if he knew of an o'clock next day. And at nine on intention of invasion, and had not com- Friday morning, the court proceeded municated his knowledge to those moft on the trial. bound and most competent to counter The first evidence produced was a act it, he prevented his country from parcel of letters from the prisoner to gaining a decisive advantage, by the Mr. Pitt; in which Stone pretended to loss that would accrue to the enemy make some discoveries, as to the designs from their failure; and by forewarning of the French, by garbled extracts from them, he proved himself equally their his brother's letters, which were thamfriend, and the enemy of England : if felves produced, to lhew the unfairness he had been for England, the way was of the prisoner's conduct in this partivery short ; but his conduct clearly calar. . A letter from Mr. Pitt was Thewed be had been for France. It read, expreffing his doubus as to the autherefore remained with the defendant thenticity of the prisoner's information. to make his innocence appear.
His The counsel for the crown then provproperty, his honour, and his life, de- ed the correspondence between the pripended now on his convidion or his foner and Jackfon in Ireland; which acquittal. The jury were invested with being read, closed the evidence for the a very folemn and very important duty. prosecution. They were called upon to grant equal Mr. Serjeant Adair then rose to open justice to the defendant and to society, the evidence for the prisoner, and to As they must guard themselves againt observe on chat for the prosecution. any impreffions which the misrepresen. The former confifted only of evidence tations of the prosecutors mighi make to character on the latter the learned upon their minds, fo mult they have an serjeant entered into a long accurate equal guard against any false impref- difcuffion; in a very elaborate, feeling fions made by the counsel for the de and interesting manner. · He began by fendant. In the deliverance they were observing, that the jury were called to make, if the evidence was inconclu- "upon to discharge a molt important, five, they would readily acquit him; but facred, and awful duty. They were if the proofs were satisfactory, the entrusted, on the one hand, with the country called for his convi&ion. vindication of the laws of their country,
William Smith, efq. M. P. Mr. and the safety of the community, of Sheridan, and lord Lauderdale, were which they themselves formed a part; called as witnesses to relate some con- while the fortune, the character, and versations they had with Stone on the the life of a fellow-Subject, were comsubject of the state of this country; the 'mitted to their deliberation on the general result of which appeared to be, other. The deareft interefts of the unthat they considered him as a weak fortunate man at the bar were in their enthusiałt, who was desirous of bring hands ! He must call him unfortunate, ing about a peace, for the purpose of for whether guilty or innocent of the favouring what he confidered principles crime with which he was charged, to of freedom.
man in his fituation, and having fubHaving proved the conspiracy be- mitted to the sufferings to which he but
been subject, let the innocence of his could the motive for preventing an inheart be as pure as it might, could be vafion be criminal allo?" called fortunate. The verdict of the The learned ferjeant then went at jury might put his life out of danger, length into the evidence produced; and and restore to him that liberty to which concluded by calling several wireffes he had long been a stranger ; but no to prove the publicity with which Mr. verdict of theirs could place him in the Stone communicated the correspondence' fituation he was in on the day before of his brothers not only to friends, but he was apprehended.
to ftrangers ;--a circumftance totally After endeavouring io explain the incompatible with that guilt with which motives which might probably actuate he was charged. He also called very the prifoner, as arifing from vanity or respectable evidence, that so far from affectation of consequence, Mr. serjeant his barbouring treason to the country, Adair proceeded to state what he con- he, on the reverst, was loyal to his sidered as the outline of the facts of the king, and a firm friend to the conftitucafe, in the following close and inge- tion. Several persons were then called, nious way—“A perion of the name of all of whom gave evidence to the priJackson came over from France by the foner's good character, and some to the way of Hull, in the character of an circumftance of the publicity used relaAmerican merchant, with letters of re- tive to his correspondence with his commendation from Mr. J. H. Stone broiber. to Mr. W. Stone, the prisoner. Mr. Mr. Erskine then addressed the jury Stone, during his refidence in London, considerably at length on the whole of thewed him fome civilities, and advanced the case; as did also the folicitor genehim money on his brother's account. ral in reply, on behalf of the crown;
“Soon after he went over to Ireland, but our limits will not allow us to lay where he was tried and convicted of them before our readers. high treason, and died; and during his Lord Kenyon fummed up the evirefidence in Ireland, Mr. Stone furnish- dence. He was for tempering justice ed him with some statements of ihe in- with mercy ; but this maxim could not ternal Gtuation of this kingdom. The fan&tion the court in fuffering a crimi
question for the decision of the jury nal to escape, if it were proved that he then was, whether, under these facts, had grossly offended the law. He they were persuaded, from what Stone refted" wholly on the second count, knew of Jackson, that he gave Jackson which ftated an adhering to the enemies these ftatements as information for the of the crown. He quoted the opinion enemy, with the criminal intention state of the late lord Mansfield, that letters ed in the indiament; or for the pur. fent to a power at war, instructing them pose of averting an impending calamity how to fhape their efforts, came under from his country? The facts were as this branch of the statutes, and are an clear as funshine, and this was the only overt act of high reason. His lordship queftion that arose upon them. He read to the jury what he called the two called upon them, therefore, to consider, emphatical important papers, the letters whether there was sufficient evidence of Mr. Smith and Mr. Vaughan.: of an overt act of creason, and if there. There was no criminality, he admitted, was, it was not the encouraging of in either of those letters; the only guilt an invasion, but the prevention of that was in transmitting them to the enemy. event, from which lo much evil would His lordinip went over the whole with have been consequent. Jackson was remarks, and concluded a ftrong and convicted of high ireason, in perfuading warm charge, by putting those papers the French to invade, this country; into the hands of the jury, leaving it to wbereas the prisoner was accused of them to judge of the intention of the bigh treason, and the overt 'act with prisover from the overt acts. which he was charged was preventing Mr. juftice Lawrence remarked, it an invagon.
But if the motive for was for the confideration of the jury, causing aa invafion was criminal, how whether the information sent through
Jackson to France, had for its object a Tipton, in Staffordshire, the mines of design of serving the French, or avert. which had been worked under the lands ing an invasion
and houses of a neighbouring gentle About eight o'clock the jury took man of the name of Stone. The defome refrethiment, and then retired to fendant, Cartwright, had been appointconfider of their verdid.
ed agent and manager of this colliery The judges, except Mr. justice Ath- for the infant by the court of chancery; hurst, who retired, took some refresh he employed a bailiff under him, who ment on the bench, where they remained superintended the work, and hired and till eleven o'clock; when the jury re- diflinifled the colliers at his pleasure, turned, bringing in the prisoner- but he took no personal concern in the NOT GUILTY.
working of the mines, nor had he orThe words were scarcely pronounced, dered the particular ads to be done when an inftantaneous and unanimous from whence the damage had ensued. thout arose in the court, which was. The damage ftated was, that the sur. loudly joined by a numerous crowd in face of Mr. Stone's lands had suok and the ball. A gentleman, named Richard given way; and that the building? Thomson, was observed to have joined thereon erected were thereby rent and in the thout, and was immediately or- rendered dangerous. This damage was dered by his lord thip into the custody imputed to the defendant, Cartwright, of Mr. Kirby. Mr. Thomson apologize having worked the mine in a negligent ed to the court, by saying, ihat his and unskilful manner. The question feelings on the joyful occasion, were was, whether the defendant, being a fuch, that if he had not given uiterance mere agent and manager, and never to the joy which arose within his breaft, having personally intertered, or given he should have died on the spot. particular direction, in or about the
Lord Kenyon replied, that it was bis working of the mine, was liable to be duty to suppress the emotions of such called upon to make good the damage fumultuous joy, which drew contempt which had ensued. And the court on the dignity of the const. His lord. were unanimously of opinion that he thip ordered that he should pay a fine was not ; that it might as well be conof zol. for his misconduct, and remain tended that a fimilar action would lie in cuftody till payment.
against the fteward or gardener of anMr. l'homlon tendered his check other, for all the defaulis or improper for the fum, but this was refused, and conduct of the men employed under he was taken into custody.
bim, by which any other person receivThe crowd without caught the fpi- el damage. That the action in cases it of those within ; and the hall, as the like the present muft either be brought judges retired, was filled with accla. against the hand committing the injury. mations of joy.
or against the owner for whom the act A detainer was lodged against Mr. was done ; that Mr. Cartwright bad Slone for a considerable debt, imme. no interest in the colliery, nor was ic diately afier bis acquitial. He was, worked for his benefit; that be was no however, liberated from his confine- more than steward, appointed by ibe meni in Newgate on Saturday the 13th court of chancery; and that it was of February following.
never heard of that a servant who hires
labourers for his master, was answers Cafis determined in the Court of King's able for all their pas.
Bunch, Lordon, Michaelmus Term. Sadgrove v. Kirby. The plaintiff, Thiriy-sixth of George the Third. Mr. Sadgrove, being lord of 'ibe con(From Durnford and Eafi's Reports.; tiguous manors of Landeville and Bray,
in Berkshire, planted certain clumps Stone v. Cartwright.
and rows of trees in a common field, in
the parilla of South Moreton, within Ward poffefsed a large colliery at copyholder within the manos, and be
ing in that character intitled to a right lord refused to make this dedu&ion, and of common of pasture for his sheep, broughe an action of covenant for the levant et couchant, throughout the said whole half year's rent. And the Court common fields, every year when she was of opinion, that the defendant could common field shall be sown with corn, not set off the money he had paid for from the cutting down and carrying repairs, for that would be feiting off away the same, until the same common uncerrain dumages againft a certain debt. field lhall be resown with corn, he cut Ximenes v. Jaqueś. The plaintiff down the trees which Mr. Sadgrove had had laid a wager with the defendant, planted ; because, as the pleading stated, that he would perform a journey of he could not, without cutting down the 240 miles, in a puft-chaise and pair of ftme, enjoy his common of pafture in horses, in twenty four hours being allo ample and beneficial a manner as he lowed to change poft-chaifes and horses otherwise might and ought to have as ofien as he pleased, but the expences done. Mr. Sadgrove, the lord of the were not to exceed the usual sum paid manor, brought an action of trcipals per mile for a post-chaise and pair on againft Kirby for cutting down these the post roads. The plaintiff having trees, and obtained a verdia, and judg. performed the journey, brought an ment against him, the Court being of action for the money, and obtained a opinion, that the defendant had no verdiet, but the judgment was arrested, sight to cut down the trees ; and thë because the Court was of opinion, that diftinction upon the fubje&t is this : If this was an illegal wager ; it being a abe lord of the manor makes a hedge horse race, contrary to the statute 9. round the common, or do any other act Ann. c. 14. and not within the horsethat entirely excluded the commoner racing act of 13. Geo. 3. c. 19. from exercising his right, the latter may do whatever is necessary to let
The German Story. him self into the common; but it the commoner can get at the common, and (Continued from page 168.) enjoy it to a certain exient, and his right be merely abridged by the act of TAY a moment longer,' he es tbe lord, in that case his remedy is by claimed, taking a tin boule from an action on the caso, or by an affi. his bunting pouch and offering it to Here the trees had become part of the me after he had swallowed a large inheritance, and it seems that a com- draught : the hurry of my flight and moner cannot touch the soil.
the dreadful agonies of mind I had unWeigall v. Waters. The plaintiff had dergone had reduced my strength very granted a lease of a house to the defen- low, and my parched lips had not been dant, in which the defendant covenant- moistened with one refreshing draught
to repair and to surrender to the that whole unfortunate day, Famine plaintiff, at the end of the term, the had already ftared me horribly in the Said premises, casualties by fire and tem- face, in that extensive foreft, where Per excepted.” Before the expiration three miles around no refreshment could of the lease a violent tempeft arose, and be procured, you may therefore eafily threw down a stack of chimnies belong. think how joyfully I accepted this ofing to the house on the roof of the fer. I swallowed greedily ihe contents house, and damaged it so much that ibe of the bonit, and new strength ani. defendanı, in order render it habit- mated my whole frame, my heart was able, was obliged 10 repair it before he expanded with new courage, and hope had any opportunity of giving notice of and love for life returned in my del. the injury to the landlord. When the ponding heart; I began to fancy that Dext half year's rent became due, the I was not wholly miserable ; lo much defendant refused to pay it, unless the relief afforded me that welcome draught, plaintiff would dedud the expence he and I must confefs that my fituation bad beco at in repairing the injury the began to appear less dreadful to me, sempelt had occafioned; but the land. Lipce I, after a chousand miscarried