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ment or information; and shall not be re- 109 of Burke's Works, 8vo. edit. of 1812. quired or directed, by the Court or judge be- | The following was Mr. Dowdeswell's bill : fore whom such indictment or information shall be tried, to find the defendant or de

« Whereas doubts and controversies have tendants guilty, merely on the proof of the arisen at various times concerning the right publication by such defendant or detendants of jurors to try the whole matter laid in inof the paper charged to be a libel, and of the dictments and informations for seditious and sense ascribed to the same in such indict- others libels: And whereas trial by juries ment or information.

would be of none or imperfect effect, if the “ Provided always, that, on every such trial juries were not held to be competent to try the Court or Judge before whom such indiet- the whole matter aforesaid; for settling and ment or information shall be tried, shall, ac

clearing such doubts and controversies, and cording to their or his discretion, give their for securing to the subject the effectual and or his opinion and directions to the jury on complete benefit of trial by juries in such the matter in issue between the king and the indictments and informations ; Be it enacted, defendant or delendants iu like manner as in &c. That jurors duly empannelled and sworn other criminal cases.

to try the issue between the king and the “ Provided also that nothing herein contained defendant upon any indictment or informashall extend or be construed to extend, to tion for a seditious libel, or a libel under any prevent the jury from finding a special ver

other denomination or description, shall be dict, in their discretion as in other criminal held and reputed competent' to all intents

and purposes, in law and in right, to try “Provided also that in case the jury shall every part of the matter laid or charged in find the defendant or defendants guilty, it said indictment or information, comprehendshall and may be lawful for the said de- ing the criminal intention of the defendant, tendant or defendants to move in arrest of and the evil tendency of the libel charged, as judgment, on such ground and in such man

well as the mere fact of the publication ner as by law he or they might have done thereof, and the application by innuendo of þefore the passing of this act; any thing blanks, initial letters, pictures, and other deherein contained to the contrary notwith vices; any opinion, question, ambiguity or standing."

doubt to the contrary notwithstanding." Antecedent to the enactment of the above statute, an ineffeciual attempt had been made in the House of Commons, (March 7th 1771), A prosecution was likewise instituted, in by Mr. Dowdeswell, to introduce a bill to consequence of an address from the House of remove doubts as to the right of juries in Cominons, against the printer and publisher trials for libel. Mr. Dowdeswell's motion of The World' for a libel contained in some for bringing in his bill was seconded by remarks on the tardiness with which that sir George Savile, and warmly supported by Ilouse proceeded in the business of Hastings's Edmund Burke. See the debate thereon, impeachment. See 41 Comin. Journal, 463. Vol. XVII., New Parl. Hist. p. 43. Mr. Bostock the printer of the libel, was brought Burke's speech will be found in Vol. X., p. ! to trial in May 1790, and found guilty.

cases.

572. Proceedings in the Case of John Fritu, for High Treason,

at Justice Hall in the Old Bailey, on Saturday, April 17th : 30 GEORGE III. A. D. 1790. *

[1790, January 21st. As his majesty was

going in statc to the House of Peers, on passing the corner opposite Carlton-house, in St. James's Park, a stone was thrown at the coach by a tall man dressed in a scarlet coat, black breeches, a striped waistcoat, a cocked hat, with an orange-coloured cockade; he was immediately apprehended and taken to Mr. Grenville's office, in the treasury, Whitehall, where he underwent an exainination by the attorney-general and

sir Sampson Wright, before Mr. Pitt, Mr.
Grenville, the duke of Leeds, earl of Chat-
ham, and others, which lasted four hours,
when he was committed to prison for fur-
ther exainination. He proves to be the
same person who wrote a libel against his
majesty, and stuck it on the whalebone in
the court-yard, St. James's, about a fort-
night since, and signed his name John
Frith, lieutenant of the second battalion of
royals. After undergoing several other
examinations, he was committed to New-
gate for trial on a charge of high treason.
Ann. Reg. Chron. p. 194.]
On March 1st, a bill of indictment

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* Taken in short hand by E. Hlodgson, and published by authority in the Sessions paper of the above date.

found by the grand jury against John Frith Mr. Garroro. I entirely concur with my for high treason; and on April 17th the fol- learned friend. We certainly, as counsel, are lowing proceedings took place :

suitors to Mr. Attorney-general's humanity,

that more time may be allowed for the priAT the Sessions House in the Old Bailey, soner's defence. Whether Mr. Frith himself before the right honourable William Pickett, will or will not consent, I do not know. lord mayor of the city of London; the right Mr. Garrow to Mr. Frith. Mr. Frith, we honourable Lloyd lord Kenyon, Jord chief have been applying to the Court, or to Mr. justice of his majesty's Court of King's-bench; Attorney-general, to permit your trial to sir Beaumont Ilotham, knight, one of the stand over till next sessions, upon our judg. barons of his majesty's Court of Exchequer; ment; it appearing to us that it will be betthe honourable John Heath, esq. one of the ter, and your defence better ar

arranged. justices of his majesty's Court of Common Prisoner. I ohject to it, on account of my Pleas; John William Rose, esq. serjeant at health being in a bad state through long conlaw, recorder of the said city, and others his ma- finement. I should rather meet it now: it jesty's justices of Oyer and Terminer of the is depriving a subject of his liberty, and encity of London, and justices of goal delivery dangering his health. of Newgate, holden for the said city, and Mr. Att. Gen. Notwithstanding what this county of Middlesex.

unhappy gentleman has said, I am given to JURY.

understand that there may be some circumWilliam George Thomas Hill

stances in his situation; and likewise that he Dutton Greenwood William Matthews

is not very well able in point of pecuniary Wm. Aug. Mitchell Francis Osliffc

concerns, to be so ready in the collection of Kains Ford William Ramsden

materials for his defence, as many other pri. John Dell William Sedcole

soners are: therefore if my friends are of William May Laban Tilbrooke.

opinion that he must go to his trial now un

der great disadvantages, possibly arising from Counsel for the Crown.-Mr. Attorney-Ge- the last cause, as well as the other, I shall neral [Sir A. Macdonald, afterwards Lord have no objection to give the gentlemen such Chief Baron]; Mr. Solicitor-General [Sir time as will enable them to collect such eviJohn Scott, afterwards successively Lord Chiet dence as they may choose. Justice, C. B. and Lord Chancellor]; Mr. Prisoner. Then I shall make an applicaLaw (now (1816) Lord Chief Justice, B. R.]; tion to some member of parliament or the Mr. Silvester (now Recorder of London]. legislature. I therefore totally appeal against Counsel for the Prisoner. – Mr. Shepherd ther; and whoever dares to oppose me in that

such

power of putting off the trial any farsnow Solicitor-General]; Mr. Garrow (now respect, I will represent him to the legislaAttorney-General].

ture, or some member of parliament; either The prisoner being put to the bar, the to general North, or some gentlemen whom I clerk began to arraign him, 'John Frith, have the honour of knowing. * you stand indicted by the name of John Mr. Garrow. My lord, we are put into an • Frith;'--when Mr. Shepherd, one of hiscoun- arduous situation. But for one, I feel it to be sel, addressed the Court as follows;

my duty to take upon myself in opposition to My lord; before the prisoner is arraigned the prisoner, for the prisoner's benefit, to pray I wish to make an application. To-day my that the cout, or rather the attorney-general friend Mr. Garrow and myself are counsel will consent to postponing this trial. for the defendant, Mr. Frith; and though we Court. Mr. Attorney-General has conducted are furnished with what we think a sufficient himself on this occasion as he always does, defence, yet we should feel ourselves defici- exceedingly liberally and properly; and is ent, if while we thought so, there were other ready to give all that indulgence which huevidence that could be brought forward, (and manity calls for, because justice could not we think there is some very important evi- be attained without reasonable delay interdence which might be procured before the posing, therefore it must stand over till next next sessions,) on behalf of Mr. Frith: on sessions. that account, we, as counsel for him, apply Prisoner. I do not admit of it. And I to the humanity of the attorney-general, to shall make an application to parliament, that beg he would consent to the postponing this I have been here three months in disagrecable trial to the next sessions.

confinement; and the king has broken the In this case we exercise our duty as coun- mutual obligation between him and the subsel: Mr. Frith is entitled to the best of our ject; and the assault is of such a simple kind judgment: whether he will choose to be ot' manner; and what I have met with is of guided by that is certainly a consideration for such a nature, that I desire to speak by way his own mind. Mr. Attorney-general always of extenuation, and to plead guilty or not will attend to applications of this sort ; guilty to the facts. I then shall make an we therefore do hope that he will consent. application as being illegally detained in

Court. This application is made on your prison, that you will not admit a British subjudgment?

ject to plead to the indictment: I therefore

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shall make an application to the legislature, Mr. Shepherd. Mr Frith, you are aware that you are violating the laws of this king that the gentlemen of the jury who have dom. I will not put it in the power of the been just sworn, are going to inquire whether gentlemen that are employed for me to put you are in a fit situation to plead at this tinie, it off.

and to be tried. Now I wish you would Court. It is impossible for the most inat- state to these gentlemen what reasons you tentive observer not to be aware that there have to give, to induce them to think you may in this case be a previous inquiry neces- are, and to produce any memorandums. sary; such is the humanity of the law of Prisoner. I have had a physician attended England, that in all stages both when the me two months past. On the 22nd of January, act is committed, at the time when the pri- I came into these circumstances: and they soner makes his defence, and even at the day were pleased to send the king's physician to of execution, it is important to settle what examine me, whether I was perfectly in my his state of mind is*; and at the time he is senses: I persevered in being so, and would called to plead, if there are circumstances that take no drugs from the apothecary. I begged suggest to one's mind that he is not in the him to attend as a friend to me, to protect me possession of his reason, we must certainly be from insult, supposing there was any possibicareful that nothing is introduced into the lity that I could be insulted in this great administration of justice, but what belongs to prison : : but if I had not been well, I would that administration. The justice of the law have had my own physician, Dr. Heberden, lias provided a remedy in such cases; there who attended my father formerly, wben

а fore I think there ought now to be an inquiry living: I looked upon him as a friend attendmade, touching the sanity of this man at this ing me, to prove that I was in my senses or time; whether he is in a situation of mind any thing else. I made memorandums of to say what his grounds of defence here are. his visits, and the various conversations that I know it is untrodden ground though it is we had together. I made memorandums likeconstitutional : then get a jury together to wise of letters: a letter which I wrote to inquire into the present state of his mind; Messrs. Cox and Greenwood; and I have a the twelve men that are here will do.

copy of it, and one that I wrote about the Prisoner to Mr. Garrow. I beg the favour 24th of February, during the time that the last to speak to you.

sessions was here, when I thought I might be Mr. Garrow. By all means, sir.

tried; I then re-copied it again. I then menPrisoner. The privy council were pleased to tioned that a disagreeable thing had hapsend the king's physician to me, after I had pened, that general Clarke is coming home appeared before my lord Kenyon on the 22nd in disgrace. To hide that infamy that has of January, I was examined at the privy happened, they wished to give it out that I council by lord Camden ; and they sent the was out of my senses. The agents who had imking's physician to me. I made dates and mediately freed me from the inconveniences memorandums of the physician's visits, like I was under, they were ordered to deny the wise remarks that I spoke to him at various subject the liberty of drawing on his agent, on times; and of the apothecary's visits also : the house where he had money to answer his they persevered in my being in perfect health, bills. They acknowledged me to have been fit to meet my trial; and I have put down the perfectly in my senses at the time when I conversations.

first came to England; I drew on them, and Mr. Justice Heath. The jury will take I have totally freed myself from the inconvenotice of that.

nience I was under, from being improperly The Jury sworn as follows :- You shall detained in the county of Cheshire. I was diligently inquire, and true presentment writing a letter of what was publicly given make for, and on behalf of our sovereign out concerning the subject : I then wrote to lord the king, whether John Frith, the Messrs. Cox, Cox and Greenwood to beg they

now prisoner at the bar, who stands indicted would send down some gentlemen here to ' for high treason, be of sound mind and un- prove how the liberty of the subject was inderstanding or not, and a true verdict give vaded in 1787, in June; and such letters will according to the best of your understanding, prove that the 24th of last February I was so help you God.

right in my mind then; and that now I

re-copied it again about a fortnight ago : and * As to this see the case of Bateman, ante it went through my attorney to Messrs. Cox, Vol. XI, p. 467 : Sir John llawles's Remarks Cox and Greenwood's house; that will prove on that case, p. 476 of the same Volume, and the state of my mind at that period of time. the authorities there cited. See also 4 Blackst. Mr. Garrow. Will you have the goodness Comm., pp. 24, 395, and Christian's notes ; Mr. Frith to state to the Jury the circumand in this collection the case of Purchase, stance that took place on your arrival at Vol. XV, p. 689, that of Edward Arnold, Vol. Liverpool, about the clergyman. XVI, p. 695, the note to that case, Vol. XVI, Prisoner. When I first arrived at Liverp. 765, the case of earl Ferrers, Vol. XIX, p. pool I perceived I had some powers like those 885; and the case of Hadfield, April 26th, which St. Paul had; and the sun that St. A. D. 1800.

Paul gives a description of in the Testament;

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an extraordinary power that came down upon me-the power of Christ; in consequence of my persecution and being ill-used, the public wanted to receive me as a most extraordinary kind of a man; they would have received me in any manner that I pleased. When I went to St. Thomas's church I was there surprised to hear the clergyman preach a most extraordinary sermon upon me as if I was a god: I found my friends wanted me to support that kind of fanaticism in this country; this sermon was printed afterwards by Eyre the printer at Warrington; when I came to London to the king concerning some military business I told him nothing about any supernatural abilities or the power of God. When I went to the Infirmary over Westminster-bridge, to the Asylum, I was surprised to hear general Washington's late chaplain Mr. Duchè; he said, I remember the words he said, "See him clothed in grace," pointing to me; there were some supernatural appearances at that time, therefore I could wish the privy council when I came to England or the parliament, might be witnesses that I did not want to set up any kind of powers to the public; but there are such extraordinary appearances that attend me at this moment that it is singular; and all I do daily is to make memorandums, daily to prove myself in my senses: some friends in Cheshire wanted me to set up some kind of fanaticism, some new branch of religion.

Mr. Garrow. Would you be so good Mr. Frith to inform the Court as you have an opportunity now, of the complaint you made to me of the effect your confinement has upon you, and the pain in your ear?

Prisoner. In respect to the body of people, St. Paul when he was at Jerusalem, the same kind of power then came down on the public; there is both a kind of good and evil power, which we are all liable to in this world; in consequence of that I feel myself in a particularly disagreeable situation in confine ment; I am under a state of suffocation almost, the divine ordinances weighing so very low down that I am entirely reduced to a shadow almost, that is all to me as if it was a death seemingly, I am so in a state of confinement.

The Rev. Mr. Villette sworn. Mr. Garrow. I believe Sir, you have had an opportunity of conversing with this gentleman since he has been in custody?—Yes.

State the impressions that such conversations made on your mind?-The first time I saw him I really thought from the appearance he had, that he was deranged in his mind; I took notice so to the man who had the care of him; some time after he sent for a bible; I sent him one; then we had some conversation, and he told me he had a pocket volume of that book, but that they took it from him when he was before the privy council; he said I am much obliged to you.' I went to him a few days ago, he was reading,

he said it was the psalms; I then talked about his trial, and he then entered into such conversation as you have heard about St. Paul and Christ.

This conversation is not new, you have heard it before?—Yes.

Prisoner. I said it was when I was landed at Liverpool, and was giving a narrative.

Mr. Garrow. From the whole of your intercourse with him, did it appear to you that he was insane?—I really thought so. You think so now?--I do.

Richard Akerman, 'esq. sworn.

You have had frequent opportunities of seeing Mr. Frith ?-I have frequently seen Mr. Frith; I have been with him frequently.

State from the conversation you have had with him, and his conduct on the whole what your opinion is of the state of his mind.-It is very hard I should be called upon; I have heard such conversation as you have heard in court.

Mr. Garrow. I will not trouble Mr. Akerman.

Prisoner. I have been very silent and close for many reasons, and to protect my person; I have read the psalms, my lord, as I had no other books.

Mr. Sheriff Newman sworn.

Mr. Shepherd. Have you had any conversation with Mr. Frith since he has been in custody?-Very frequently; I went the second day after he was in Newgate; I went entirely out of curiosity; I found him a subject of great compassion. He began talking to me very deranged for the first ten minutes. I asked him, why he went over to Holland? he said he went eastward in pursuit of the light. I said, what light? he said, why, you have read the scriptures? I said, yes; says he, the same light that fell upon St. Paul when he went to Damascus; I said, what brought you back? why, says he, when I got there I found the light was in the west as well as in the east. He desired to have the liberty of walking in the yard; and I consulted Mr. Akerman; and he said, there was an order concerning him. I found him every time in the same way. I was there once when Dr. Millan came down; I met him there; he for the first five minutes had doubts; but before he went away he was perfectly satisfied the prisoner was insane; I have not the least doubt, nor possibly can have a doubt. I frequently found him reading in the book of Kings, and he told me he was learning the art of war, and he should come to be a general, and he should like to understand the art of making war as the ancients did.

Prisoner. I do not remember speaking about that, and I made memorandums of my conversations with Mr. Newman. I never spoke about particular lights; I said, when I went over to Holland, as the ministers neg→

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lected doing their duty to me as a subject, in this country; there is a power which women protecting me from the insults of the body are now afflicted with; there is a power that of people; stirring up licentiousness, aiming rules now, that women can torment men if at me; they drove me out of the kingdom; I they are in a room ; uver your head they may went to Holland to shelter myself from the annoy you by speaking in your ear; I have body of the people, but I do not remember had a noise in my ear like speech; it is in the saying any thing of following the light.

power of women to annoy men publicly, even To Mr. Newman. Do you think it was ah. throughout the whole continent. solute incapacity of mind, or feigned or as- Could you satisty one of the jury, that such sured ?-I believe:absolutely that he is totally a noise exists in your ear at this time ?-That deranged, and not in the use of his senses for there is a noise in my ear at this time? ten minutes together; every day I saw him Yes.-lo; I am free from it now. he was so, and of that there is not a doubt; I Oh! you are free from it now?-Yes; but went at different times merely to make ob- it is the power and effects of what they call servations.

witchcrait, or some kind of communication Mr. Garrow. Mr. Frith, are you acquainted between women and men; but I have rewith Mr. Burnsell the auctioneer?-Hes; he mained such a chaste man for these four took an extraordinary liberty in putting into years, that it has fallen upon me particularly; the Public Advertiser, the 3rd of February, and the physician, by leaving me a month a letter, dated the 15t, declaring me insane, ago and visiting me as a friend, will totally a most extraordinary liberty ; I thought it speak to the fact; the last time he visited prudent to keep a copy: I have made memo- me was on the 19th of March ; says he, I randums, but they have been taken from me hope you will be restored and fit to take hy colonel Amherst, the same as Mr. Wilkes's your trial; but I know your friend Mr. Hopapers were seized, * a kind of alteration of garth-I have seen him; and some people the laws of the land, a kind of scheme to that are in court will be able to declare me in make a man appear insane, to totally dis- my senses; I have said little or nothing at guise, to undo the liberty of the Britisă sub- all lately, and been totally silent, so that it is ject; in fact, it is such a concerled evil that I impossible for me to be in that state. Shall do not know where it will end.

I beg the favour to address my lord? llad Mr. Burnsell any ill-will to you?- Lord Chief Justice. If you please, Sir. None at all; he was only employed to hide Prisoner. Do you recollect me in the year the mutiny that those applauses of the 1975, when I applied to you in person on a clergymen had occasioned: he went to a

case of some landed property between me and person that lives with Mrs. Dowdeswell, in one Entwistle at Cheshire? when you were a upper Brook-street; he had a letter, and tras counsel and were one of my counsel, with perhaps feed; the clergyman declared me as one Mr. Hughes--knowing me then, and a god, the body of the people as a man in- likewise in October, at the assizes, respecting sane; myself applying to the king merely to some contested property-some landed proget my birth again; when I went to my friend perty I have in Cheshire ? Now that circumIir. Burnsell, I spoke of no powers of God or stance may corroborate my declaration of the Christ.

state of my mind. Was that before the complaint with which L. C. J. I do not recollect it. you were atflicted in your ear?- Before that,

Mr. Fuller sworn. i he pain in my ear, shall I finish with respect 10 Mr. Burnsell?

I have frequently seen Vr. Frith since he If you please.--I found he wished to sup- came from the East Indies; I have had oprose me not right in my senses, and that he portunities of conversing with him at particould produce no prooi; he has declared in cular times. the public papers, that I behaved in such Mr. Shepherd. Do you recollect any thing a violent manner in his house, as totally to particular in his conversation that induced prove myself out of my senses; I have the you to take notice of the state of his mind? facts now on one side put down, that I can Yes, several times; on Christmas eve was find no one circumstance of the kind, and 10 two years, I spent four hours with him; I put such a letter into the newspaper ! if they conversed with him for three hours before I wish to make a man appear insane, he should knew any thing was the matter with him; be taken before the lord chancellor, and there and upon asking him a question respecting make a general declaration some way or the matters he had mentioned before, conother; but it is done to interfere with the cerning his ill treatment by major Amherst liberty of the subject.

and ensign Steward, in the West Indies, he Mr. Frith, how long were you afflicted with declared then the reason he was ill-treated that complaint in your ear?-I endured it; I was, that he wished to reveal what the gosupposed it merely as a trilling thing; but that vernment wished to conceal; for that he complaint arises from a power of witchcrast, saw a cloud come down from heaven; that which existed about a hundred years ago in it cemented into a rock, and out of that

sprung a false island of Jamaica, and because See Vol. XIX of this Collection, he wished to reveal it, he had, he said, been

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