corn Ann. reduced Day's Bank PRICES of STOCKS, &c. in NOVEMBER, 1769. India |Sou. Sea. old S. S New S. S. 3 per C. 3 per C.13 per C.13 Stock Stock Stock 28 Sunday 29 162 30 162 225 Ann. confol. 1756. per C., 4 per C. 14. per. C. 4 per C. In, Bond.) Long. Lottery 1758. confol. 17631 Navy. Prem. Ann. Tickets 91 2 Shut 33 0 S. W. rain 330 26 W. N. W. cloudy 1 162 223 861 88 31 0 N. N. W. cloudy 162 221 86 글 88 98 91 30 0 26 E. cloudy 162 219 87 91 31 0 26 E. cloudy 162 곰 224 861 87 98 91 330 26 S. W. fair Sunday S. E. fair S. W. fair 159 217 87 30 0 9 159 217 86 87 98 91 1 29 0 10 159 218 87 100 30 0 39 0 12 Sunday 131 163 221 85 1 .87 97급 91 32 0 26 26 26 999 14-162 221 86 87 34 0 26 66 2 2 15 162 221 86 1 87 34 0 W. cloudy 16 162 223 86 87 100 223 87 100 33 0 26/10 W. S. W. windy 34 0 W. fair 18 163 224 86 1 867 87 98 32 0 S. w. fair 19 Sunday S. W. fair N. E. cloudy 88 98 33 0 26 N. E. rain 22 160 88 33 0 23 160 864 881 98 33 0 26 W. rain 24 160 86 87 88.1 33 0 26 S. W. cloudy 25 Shut 220 86 87 88 ¥ 26 Sunday 33 0 N. W. fair N. W. fair 27 87 88 98 N. W. fair CHARLES CORBETT, at No. 30, facing St. Dunstan's Church, Fleet-Street, STOCK-BROKER, who buys and fells in the Stocks by Commillion, and tranfacts the Lottery Bufinefs as ufual. THE LONDON MAGAZINE, T For NOVEMBER, 1769. JUDICIAL ARTICLE. an HE great caufe fo long depending between Mr. Wilkes and the earl of Hallifax, having been decided during the course of the last month, account of this important affair muft, we are well convinced, be highly agreeable to the public. For the information of our readers therefore, we have drawn up the following little narrative, which we give without any comment of our own, as we are ambitious of maintaining a character for undeviating impartiality. The original in this celebrated tranf action, fo effential to the liberties of the meaneft fubject in the community, was fued out, tetted June 1, and returnable June 19, 1763, and the earl of Hallifax, being fummoned, caft an effoign, which was adjourned till November 18; then privilege intervened, which being at an end, and all the effoigns expired, a diftringas was taken out, tefted May 9, and returnable May 27. The sheriff returns 40 s. iffues; the earl does not appear; the court directs sol. iffues. An alias diffringas is taken out, tefted May 30, and returnable June 18; the theriff returns his iffues. The earl ftill re Sufes to appear; the court orders 500). iffues. A pluries diftringas is taken, out, tefted June 22, and returnable July 8. In November, 1764, Mr. Wilkes was outlawed, and here the affair dropped. But the outlawry being reverfed on the 8th of June 1768, the court of Common Pleas was moved on the 20th of that month, that Mr. Wilkes might have leave to revive his caufe, which was accordingly granted. And on Friday the 10th of November, at ten o'clock in the morning, the Nov, 1769. trial commenced before the right hon. Sir John Eardly Wilmot in the fame court; when after a hearing of nine hours, the jury, which was fpecial, gave a verdict in Mr. Wilkes's favour for 4000l. greatly to the diffatisfaction of the populace, who, on this occafion, were numerous beyond conception, and behaved with the most unpardonable indecency, because the damages were not much more confiderable. The counfel for the plaintiff were, Mr. Serjeant Glynn, Mr. Serjeant Leigh, Mr. John Leigh, and Mr. Davenport-For Lord Hallifax, the Serjeants Nares, Whitaker, and Davy: and the Jury confifted of the following gentlemen. George Colfon Smith, of Poplar. David Walker, of Kenfington, Jofiah Holford,of Southampton row. Mr. Robert Gibfon, of Red-lion- In the courfe of this decifion little was remarkable but the fpeeches of Serjeant Whitaker and Serjeant Glynn, the firft for moderate, the fecond for large damages. The defendant's counfel did not by any means attempt to juftify, but to extenuate, and the following is the purport to which the gentlemen now named delivered themfelves on the different fides of the question. 4 A Mr. 552 The Speech of Serjeant W Mr. Serjeant W's Speech. MAX AY it please your lordship, and you gentlemen of the jury, I am counsel for the defendant, against whom Mr. W has brought this action, in order to recover damages for the injury he has fuftained during an imprisonment for four days, under an illegal General Warrant. These warrants have been declared by the moft folemn authority, to be contrary to law; my client fubmits himself with chearfulness and refpect to that decifion which has condemned them. There is fcarce a fingle perfon in the kingdom, who is ignorant of the determination in the courts of law in the affair of General Warrants, nor is there the least probability that any future minifter will dare to iffue them. What emolument then can the public receive from this action? With what public fpirited view does W demand a pecuniary indemnification for himself? Will he confider himself as a trustee for the public? Does he intend to build a church, or raise an altar to Liberty, with the money which he expects you should give him in damages. I think I fee reafon to doubt that he acts with fo difinterested a view for the public good, fince my learned brother has told you in his opening, and has attempted to produce evidence to you, that the fine he expects from you will be levied, nót upon Lord H-x's private fortune, but from the public treasury. He, who brings this action merely for the fake of the public, will take this money from the earnings of the induftrious poor. What imminent danger now calls W-s out to be the public champion? Mr. B. another patriot, has already stood in the gap, and in the caule of liberty already received 15001. of the public money. So much for the danger to which the nation has been exposed by the exercife of General Warrants. Let us now examine the injury which Mr. Ws in particuJar has received from them in affert ing these damages the jury are to examine as by a writ of enquiry, not as an indignant jury, as my learned brother attempts to direct them. The diffe. rence arifing to Mr. W from being taken up by a Legal Warrant, or : by this Warrant, is to be confidered, and on that he is to be indemnified: what favourable or unfavourable e vents have occurred to Mr. W arifing from his own conduct, whether proper or improper, it does not be come us to confider; as these changes of fortune can with no propriety be attributed to the figning the General Warrant, neither can an in. demnification with any justice be demanded of Lord H. for them. Mr. W-voluntarily withdrew him. felf into France; he was not banished by, or in confequence of, this warrant; as my Lord H-was not the caufe of his migration from this coun.: try, fo neither did he take advantage of his abfence. We might have brought this fuit to a very short period, we might have demurred to his outlawry, and have had judgment of course in our favour. But this advantage his lordship difdained to take. We waited with patience till the outlawry was reverfed; we, then hoped the cause would have been heard with all poffible expedition; but, by the plaintiff's blundering in not giving a term's notice afterwards, by the rules of this court, the caufe could not be heard. The plaintiff never defired the noble peer, my client, to wave his privilege, as is the constant cuftom in fuch cafes, nor did he apply to the Houfe of Lords, who would have compelled the defendant to have waved his pri vilege. There is now in court the ftrongeft proof, that the defendant cannot just. ly be charged with procrastinating this trial; you yourselves, gentlemen of the jury, were impannelled to try this caufe by the under-fheriff, who is attorney in the caufe, and therefore it was in his lordship's power to take exceptions to every one of you; but his lordfhip was far from entertaining any fuch defign; he is happy in baving fuch difinterested judges of his beha viour in regard of Mr. W—s, of which I fhall now give you a very short account, which I thall establish by in. controvertible evidence. When it was thought proper by the government to animadvert upon the authors of a political writing, and to examine Mr. W with respect to it Lord H- fent a mellage to Mr. W→ defiring On a late popular Tryal. 1769. It would be an enormous aggrava- 553 his lordship's conduct; but I am per- The following is Mr. Serjeant Gn's My lords and gentlemen of the jury, which the counfel for the defenOU have heard the argument dant makes ufe of, to leffen the damages which my client has laid in his declaration against the earl of H—; but notwithstanding the ingenuity with which the cafe has been stated, I differ entirely, both from Mr. Serjeant W-r's own eftimate, and that which he has calculated for me. With respect to the measure of damages, I do not defire you, gentlemen of the jury, to exert a headstrong blind indignation, but I affert vengeance on thofe who have injured the laws of your country, to be the proper object of your indignant fpirits, and which call on you to make the most liberal, and at the fame time the most confiderate appreciation of the wrongs thofe laws have fuftained. What the confequence might be to Mr. W―s, from the natural tendency of the measures pursued by the noble lord, not what damage actually did attend them, is highly proper and neceffary for your confideration. That these effects did not follow, Mr. Ws is not in the leaft degree indebted to the humanity of the noble defendant, any more than he is to his lordship's candour, for this extortion of justice by Serjeant G 554 by the voice of a kingdom. It is not for intereft he brings this action, but to deter, by no fmall damages, future minifters, from purfuing meafures, which they find have led their predeceffors to ruin; and by no fmall damages are minifters to be terrified; and few men, in whole revolving ages, can be found, who dare oppofe them felves to the forces of tyranny, and whofe fingle breafts contain the fpirit of nations. And it is to the high, firm, and glorious fpirits, fuch as Mr, Ha-n and Mr. Ws, that the inhabitants of this country are indebted for their exemption from arbitrary taxation of their property, and uncertain enjoyment of their perfonal liberty. And fhould you in this caufe, gentlemen, as no doubt but you will, act with the noble zeal of Englishmen, it must appear to the public, the record must be graced with it, that a British jury inflicted an exemplary fine on the minister who daringly deprived the champion of his country's freedom of his own liberty. How Mr. W-es will think proper to apply the partial remuneration of his injuries, becomes not us to enquire; but that the noble peer fhould fuffer for his misconduct, by a pecuniary mulet, is of the higheft importance to us, and due in juftice to Mr. W-es. It has been asked by my learned brother in his ufual vein of pleafantry, and to relieve your fpirits, after fo long and ferious attention, whether Mr. W-s would build a church or erect an altar to liberty? Yes, he will raife an altar to liberty, in the memory of all friends of the conftitution; you, gentlemen, will have the honour of affitting him in the glorious work, and your names will be infcribed upon it. : I would not trifle with your time, I would not be fo infolent as to fuppole, that a Middlefex jury would fufpe& or imagine that it was for bolts, locks, or doors broken, that this action was brought that fuch particulars were eftimated at zool. others at 300l. and that the liberty of Mr. Wbe eftimated at gool. The valuation of liberty is new to the law. The canftitution of the courts of law fix no value upon the liberty of individuals, any more than good citizens can efti -es was to —n's Reply mate at any price the liberty of the public. It has been infinuated that Mr. W-es has not pursued with activity, those who have been guilty of this encroachment upon his liberty. But on the contrary, I am perfuaded, and affirm, and truft that you too will be convinced, that Mr. W-es took every step to accelerate the cause, and that L-d H-x took every poffible ftep to retard the cause. After iffues upon iffues accumulated upon him for fmall fums, my L-d H——x bas been dragged into court as a delinquent for 5ool. As long as the record of outlawry fubfifted, no farther step could be taken by Mr. W-s; that outlawry has been lately reversed, and we have now, after all the unavoidable delays of law, affifted by the authority of privilege, happily brought this delinquent to answer to you for his conduct, and to make some fatisfaction for his injuftice. I am charged with attributing to my L-d H--, personal malice against Mr. W-s without proof. The idea the law has annexed to malice, is a depraved mind, exerting itself againft perfons who have really offered no injury, or none adequate to the refentment kindled and bursting out into action against them. And the court always fuppofes that kind of malice, where no fufficient caufe of mal-treatment appears. It must therefore be either malice against W-es, or depraved motives against the constitution itfelf, which prompted and impelled the noble peer to the enormities that have been difcovered and remonstrated to you by the evidence equally of defendant and plaintiff. were Mr. W-s arrested, the cuftody is almost inftantaneously changed, and he is fent with amazing expedition to ftrict and clofe confinement in the Tower. Mr. Wb fays, fuch directions given by L-d Egt in the prefence of L-d H—x, filent and unoppofing, as fhocked even him, from which conduct we must infer malice; and fuch malice appears of all fizes, in the procedure of the defendant, as evince his action to have been entirely under the malignant authority of that paffion. The North Briton is charged in the |