The Express.
London, England, 1862-12-03 00:00:00

LAW INTELLIGENCE.
(THIS DAY.)

COURT OF QUEEN'S BENCH.
Alter Term iiitSings at Nisi Prins.--(Before Lord Mel
Justice Cockburn and s Special Jar y.)
BEI NMI V. BUITERWORTII.7IIII. =GM IMMIOIIit,

AND THE BENCHERB OF TIN MIDDLE TEMPLE: -
The farther hearing of the as was rammed this rauru-

ilMr. Seymour was mairexamined by Mr. Serjeant
My speech, protest, and bitten are corrsotly printed i a the
scuds. At the time I joined the Northern circuit Mr.
Knowles, Sir D. Dundee, the late Mr. T. Barnes,i and Ir.
Baton Martin were the leaders of the curuit I tut
my" red bag" from Mr. Baines. There were also au toe
circuit four gentlemen who graduated at the Dublin roi.

versity.
And were they not Mr. Justine Crompton, Mr. liLitice
Hill, Mr. Baron Martin, and idr. fierjeant Murphy
Plaintiff-1 can only speak of Mr. Berjeant Morphs,
wean 'shofar end an eminent member of the Dahlia l'a,.

;5711.47 I have no douAt about the °then, but 1 4,Z:1.
know it fora tact. The Northern circuit consisted tuft
. .

-
of about 207 memben, including the local bars.
Of these were not more than a dozen of them !nehmen
Plaintiff—There were some, but I can't if there were
a dozen. I don't think Mr. Seymour Fitzgerald was a mere.
bee of the Northern circuit ,when I joined it. 1 never am
him in court practising se • barrister.
You My in the speech you delivered at Southampton that
from the first you were made the mark on the circuit from
• jealous opposition and a determined effort to keep you
down if possible, because you were an Irishman!
Plaintiff—Yes.

Om your oath is that true—Strictly speaking possibly my
words convey more than was meant, or that I was justified
in saying. Not at first, but certainly I was very early mads
the subject of what I considered =WI. treatment. My rAit,
didattue for Sunderland, and matters connected with it,
seemed to give considerable annoyance to many. lam jus.
tified in saying en, dating from the time when I begun to
take a position on the circuit. It is one thing to make a
statement at a public meeting io the excitement of
moment and =ketone in cooler momenta and on reflection.
had sufficient canoe for say* what I did from the conduct
of certain members of the circuit towards me.

Are not your observations au imputation oo the whole
body!—The Northern circuit as a body are like others.
They are guided by the few who have influence, which gives
• tone to the conduct of the juniors. The juniors do not
like to give offence to the seniors and they generally go with
them. . . .

The lord Chief Justice said the plaintiff must confine
himself to the answering of the queetione put to him. bid
you intend by your remarks to convey an imputation or
the whole body t
Plaintiff-1 meant to convey that I had been subjected to
what I considered unfair representations and jealousy on
the part of the members of the circuit which were nut gab-
ciently condemned by the body, which f could refer to
nothing else than my being an Irishman.
Then the statement is not true !—lt is substantially true,
As I have already said, the words convey no doubt strictly
more than I meant.
In plain honest common sense, do not your words convey
a most disgraceful imon upon the whole body of the
Northern circuit 1— convey my complaint. I was
stung at the time with what was put forth at Southampton
relative to the inquiry and I spoke under feelings of
excitement.
Did you not convey, and did you not mean them to con-
vey, that the whole body was lammed towards you by
feelings unworthy of men and gentlemen ?—1 meant to con-
vey that such feelings had operated against me. I have
no complaint against the leader of the circuit when I joined
it, but of those with whom I wee brought into more Imme-
diate contact. I was made, as far back as I can recollect,
the butt for insinuations, jokes, end ridicule at the grand
court.
The Lord Chief Justice—The jokes of the grand court
are well understood. Everybody might be joked there.
(dtuibier.)
Mr. Serjeant Shes—And I have been made peat fun of
at these courts. (Laughter.)
Plaintiff—The jokes I wee subjected to cut at chars:ter
generally. Such jokes are supposed to be refrained limo,
but in my case they were singularly p.rtment, as the recon's
of the circuit will prove. Ido not Impute it to every in.
dividual member, because there are many of theta ss
honourable men as ever breathed, and I have some
generous friends amongst them as ever breathed.
I did not intend for my words to convey se
strong a censure' as the learned serjeant puts
upon them. If they bear it, I very much regret it.
I had in my mind at the time conduct which I thought the
circuit, as a body, did not sufficiently condemn, but rather
acknowledged_ it. The transactions which were the subject
of inquiry before the brothers occurred so long ago Si
1852-3, 1854, and 1&55. The question brought before the rise
cult committee had reference to the settlement of an action
which was brought against me by Mr. Parker. The mums
not properly investigated by the committee. They broke up
before finishing it, without allowing me to call witnesses,
or hearing my statement 1 implored them to give me •
week to finish the case in, and that they would
not hastily conclude it without hearing me. Mr. For-
syth and Mr. Serjeant Wheeler also called upon them not
to decide on the evidence then before them. Thirty mem-
bers of the circuit bar declined to vote on that occasion for
my expulsion from the mess. It was proposed upoo the
committee's report that I should be expelled, and
when I heard it was to be proposed I resigned. A
sufficient number met to form • committee, and
they passed a resolution expelling me. When I stated that
I had not been expelled the bar I had been expelled the
bar mess of the circuit. The decision was pronounced at
York. I don't believe it would have been done at Liver-
pool. There was only a small number of the her at York.
I may ask you with confidence whether you have been
treated in Westminster Hall as you may you were on circuit?
—There is a great deal in being an Irishman. Possibly from
his nature—his seal., his energy., said his perseverance—to
become generally successful in Ms profession and rise in the
estimation of the public, which circumstance might create •
jealousy.
Don't you know that on all the circuits "riehmen are well
received, and liked by the other members of the her *!---By
the tar generally, I believe eo. I never accused them.
At the time you received your recordership were there
not any on your circuit who were your senior?
Plaintiff—Yea. But in smokes practice I was on a par
with any of them, and more so with many of them at the
assizes. I had ten times the criminal and civil business of
any of them at seasiona.
The Lord Chief Justice—Whet was your standinoft` that
time'—Eight years. When I got the recordenbip ew-
castle I champed my session, and got good practice at the
other places. The recordership has a minimal and civil juris-
diction, and it is worth about 3001. • year. gee civil busi-
ness of the Newcastle sessioes has greatly increased
sioce my appointment. I can't eay if heard of the vacancy
Deoember, 1854. I first beard of it from the Attorney-
General (thee Mr. Atbertoa) who told me he had great
doubts about going down for re-election for Durham. It
was during the sitting of parliament is December, KA,
after the introductioe of the Foreign Enlistment Bill.
Had you spoken on that measure beforelyou heard of the
vacancy in the recordership of Newcastle.
Plaintiff— I think I was aware at that time that it bad
been offered to the present Attorney-Geuerel. I spoke on
the introduction of the measure, and on the second reading,
and it was between those occasions that the vacancy oc-
curred. I gave my adhesion to the measure before I beard
anythiog about the recoldership.
Did you apply for ill—l think I was asked to send in my
standing at the bar.
Mr. Serjeaot Shee—There is no harm in applying for it.
Many do, and nobody gets it without applying for it.
(Laughter.) Did you apply for it?-1 think I was asked to
send my standing to the Home-office.
The Lord Chief Justice—By whom?
Plaintiff—l can't say. I think I was advised to do it.
Did you leak enfan t. for the appointment by word of
mouth !--Except by that application I did not. • I did not
by word of mouth. No doubt I was a candidate for the
office, and sent in • formal application for the appointment
It was between the first and the second debate on the
Foreign Enlistment Bill. ot
Who told you it was necessary to send in a etateme
to
s°whmr7tha lnr friends at the bar about
it I ey were.
Did you not speak to anyone else about it!—Not that I
am aware of. I was not told by any political person to

do so.
By no one in the House of Commons?—Not that I met&
lest. I bad & conversation with the Attorney-General bat ,
he mid nothing to me about applying for it.
Did you speak to anyone else about it °—l was not told
to do so by my political person.
Did you not apply for it personally to any member of the
government ?—I have no doubt. I had a conversation with
some one of them—at least, I dam say I had.
With whom ?—1 don't recollect. If you will assist my
memory I will give you a hank answer. No doubt I 'peke
to some member of the house.
Did you not apply to some member of the government to
give you the recordership ?—1 applied to the Home.olfice
by sending in my application, and I have no doubt the
matter was mentioned to me by roma member' of the govern.
went. I may have mentioned my standing to them
Did they apply to you, or did you apply to them °-3ly
recollection is that I sent in my qualifications aud claims
to the Home-aim. I heard the reoordership had bees
offered to Mr. Ingham and afterwards to Mr. Atherton, sod
I inquired or spoke about it if be was likely to accept it.
• I don't recollect to whom, but I think it was to the Attor
new-GeneraL
I Anybody else ?—1 dare my I did, but I don't recollect at
this moment.
Did you not inquire of some person connected with the
government if the Attorney-Geoeral was likely to have it I
• —lf you will mention any name I will give you an 111111111%
Your question is so very general.
IThe Lord Chief Justice—The question is very
gible. Did you inquire of anybody. Yes or no .
Mr. Serjeant Shea —lt is not a crime. It is the only
issue you have raised.
I Plaintiff —I do not recollect. No doubt I must have
spoken to more than one person about it, but I cannot
recollect.
Will you swear that you did not make personal &POW**
tion to some member of the government for the dike before
I you got it ?—1 aui't my if I did not speak to any at all