TWO:GEORGE CANNING.The consternation of the city may be imagined. The inhabitants, who had, at first, treated the rumour of the Young Pretender's landing with ridicule, now passed to the extreme of terror. On Sunday night the Highlanders lay between Linlithgow and the city, and on Monday morning Charles sent forward a detachment, which, on coming in sight of the pickets, discharged their pistols. The dragoon pickets did not wait to return the fire, but rode off towards Coltbridge, nearer to Edinburgh, where Gardiner lay with the main body of horse. No sooner, however, did this commander perceive the advancing Highlanders, than he also gave the order to retreat, and the order was so well obeyed, that from a foot's-pace the march quickened into a trot and presently into a gallop, and the inhabitants of Edinburgh saw the whole force going helter-skelter towards Leith, where they drew bit. The valiant troops mounted again, and galloped to Preston, six miles farther, some of them, it was said, not stopping till they reached Dunbar. This "Canter of Coltbridge," as it was called in derision, left the city at the mercy of the Highlanders, except for about six or seven hundred men mustered from the City Guard, the volunteer corps, and some armed gentlemen from Dalkeith and Musselburgh, who took post at the gates.
TWO:Amid these angry feelings Admiral Byng was brought to trial. The court-martial was held at Plymouth. It commenced in December, 1756, and lasted the greater part of the month of January of the following year. After a long and[125] patient examination, the Court came to the decision that Byng had not done his utmost to defeat the French fleet or relieve the castle of St. Philip. The Court, however, sent to the Admiralty in London to know whether they were at liberty to mitigate the twelfth Article of War, which had been established by an Act of Parliament of the twenty-second year of the present reign, making neglect of duty as much deserving death as treason or cowardice. They were answered in the negative, and therefore they passed sentence on Byng to be shot on board such of his Majesty's ships of war and at such time as the Lords of the Admiralty should decide.The name of the prisoner was Edward Oxford. He was about eighteen years of age, and of an[472] unprepossessing countenance. He was a native of Birmingham, which town he had left nine years before. He was last employed at a public-house, "The Hog in the Pond," at the corner of South Molton Street and Oxford Street. His trial for high treason was begun in the Central Criminal Court on Thursday, July 9th, and ended next day. The judges were Lord Denman, Baron Alderson, and Justice Patteson. The jury returned the following special verdict:"We find the prisoner, Edward Oxford, guilty of discharging the contents of two pistols, but whether or not they were loaded with ball has not been satisfactorily proved to us, he being of unsound mind at the time." An argument followed between counsel as to whether this verdict amounted to an absolute acquittal, or an acquittal on the ground of insanity. Lord Denman said that the jury were in a mistake. It was necessary that they should form an opinion as to whether the pistols were loaded with bullets or not; but it appeared they had not applied their minds to that point, and therefore it would be necessary that they should again retire, and say aye or no. Did the prisoner fire a pistol loaded with ball at the Queen? After considerable discussion upon the point, the jury again retired to consider their verdict. During their absence the question was again argued, and it appeared to be the opinion of the judges that the jury were bound to return a verdict of "Guilty" or "Not Guilty" upon the evidence brought before them. After an absence of an hour they returned into court, finding the prisoner "guilty, he being at the same time insane." The sentence was that he should be imprisoned during her Majesty's pleasure, according to the Act 40 George III., providing for cases where crimes were committed by insane persons.
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TWO:This signal and unexpected defeat seemed to rouse the Government to a fresh effort for victory over the triumphant bookseller. The Lord Chief Justice Ellenborough, who was not accustomed to let juries and the accused off so easily, rose from his sick bed, where he was fast drifting towards the close of his career. The defendant was called into court the next morning, the 19th of December. There sat Ellenborough, with a severe and determined air. Abbott sat by his side. Hone this time was charged with having published an impious and profane libel, called "The Litany, or General Supplication." The Attorney-General again asserted that, whatever might be the intention of the defendant, the publication had the effect of bringing into contempt the service of the Church. Hone opened his books to recommence the reading of parallel productions of a former day, or by persons high in esteem in the Church, but this was precisely what the invalid Lord Chief Justice had left his bed to prevent. The judge told him all that was beside the mark, but Hone would not allow that it was so, opened his books, and read on in spite of all attempts to stop him. Never had Ellenborough, not even in his strongest and best days, been so stoutly encountered; scarcely ever had such a scene been witnessed in the memory of man. The spectators showed an intense interest in the combat, for such it was, and it was evident that the general sympathy went with the accused, who put forth such extraordinary and unlooked-for power. The exhausted Chief Justice was compelled to give way, and Hone went on reading one parody after another, and dwelt especially on the parodies of the Litany which the Cavaliers wrote to ridicule the Puritan Roundheads. When he had done, the Lord Chief Justice addressed the jury in a strain of strong direction to find a verdict for the Crown. He said "he would deliver the jury his solemn opinion, as he was required by the Act of Parliament to do; and under the authority of that Act, and still more in obedience to his conscience and his God, he pronounced this to be a most impious and profane libel. Believing and hoping that they, the jury, were Christians, he had no doubt but they would be of the same opinion." This time the solemn and severe energy of the Lord Chief Justice seemed to have made an impression on part of the jury, for they took an hour and a half to determine their verdict, but they again returned one of Not Guilty.
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