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

THE EXPRESS, WEDNESDAY F V N'ING, DFCI4MBE'R 3, 1862.

Lord Seamar, M.P.,. hiss moved—" That while this
amount of destitution libuld be repealed as • national
calamity, attributable in a grim; measure to mute which
cauliEnot have been foreseen or avoided, angina therefons a
claim on the sympathy aad co-operation of the comary
at large, the primary duty of relieving it devolves on the
county of Laocastar, whose wealth in former prorperous
times has been so largely increased by the industry of those
classes now suffering such distress." After • few preliminary
remarks, the noble lord said—l look upon this calamity as
at once national and local. It is local as regards its incidence I
in this particular district ; it is national from its magnitude
and from its cause. Till within the last few weeks the pub-
lic did not see the impending danger, and there may have
been rime who mistook for indifference that natural and
excusable ignorance. But what has happened within the
but few weeks has disabused them, and as the
people of England have done their duty nobly
by this district, it remains for us to show, as I
think we shall, that we will not shrink from ours.
In the last runt no doubt it would be for the nation to
relieve the distress, but no one will deny that it is upon that
wealth which in other and happier times has been acquired
by the cotton manufacture that the duty primarily falls.
(Hear, hear.) That is aresponsibility which no man here
desires to avoid—(chows)—but at the same time we must
remember what a large portion of that wealth lies scattered
over the land. There is hardly a county or a town in
which untal acquired in the cotton manufacture—l men-
tion this became I sometimes bear comparisons made of
what has been don
what relieve the distress hy other parts of
the country as compared with what has been done in this
district—therefore we should bear in mind that much of
the wealth which is contributed from other districts, and
which is supposed to be unconnected with the manufacturing
dixtricts, is here,n from wealth which has
been acquired and wtehich, therefore, might well
be contributed to the relief of Lancashire poverty.
There is one thing that I hope we shall not do except in the
utmost need—except in the case of inevitable necessity—l
hope we shall not have any occasion even to look forward to
it, and that is to make an appeal to the Consolidated Fund.
(Hear, hear.) It may be wrong—l may perhaps share too
much in that feeling of pride which, we have been justly
told, is apt to go before a fall ; but I am proud_ of the
energy, of the power, of the wealth, of the unlimited future
resources of this county of Lancaster ; and I say that, ex-
cept in that utmost necessity which justifies any expedient,
form to go as suppliants for alms to the Treasury would be
a humiliation which we should remember to the latest day
of our lives. (Cheers.) Not only that, but it would be the
worst possible precedent. and it would be a precedent ex-
ceedingly likely to be followed by others, who would be
glad to imitate our example without having our excuse.
(Hear.) We have abundant resources in the future, if sot
in the present. As • general rule, no doubt it is
very bad policy to throw one's liberality upon
the future, but ours is a very exceptional and peculiar case.
It is not the cue of • needy man obtaining the temporary
suspension of present embarrassments at the expense of in-
creasing those embarrassments for the future. It is the
case of the wealthy community, possessing an enormous
amount of property, but having the property for the time
ao completely blocked up, that it ma neither get at the
capital nor at the interest. (Hear, hear.) I say, therefore,
that I for one hope that if the borrowing powers which have
been rented to us by the legislature are fully and fairly
used, those powers will be found sufficient to meet the
emergency. (Cheers.) Whatever may be done by
rates or by borrowing, there is still an immense
field open for voluntary contributions. There are
thousands, nay hundreds of thousands, to whom anything
short of death itself is preferable to going upon the rake.
That may be an exaggerated point of honour, but it is •
point of honour, and we ought to be u chary of the Imeout
of
own countrymen as of their lives. (Cheers.) More than
that, however the rates may be imposed, it is inevitable that
they will fall unequally oa different interests and different
descriptions of wealth. I think that those on whom they
fall lightly, or not at all, ought to take that into considera-
tion. They ought to oosisider what is the amount of the
burden borne by others, and they ought, as far as
they can, voluntarily to impose upon themselves
a burden equal in amount. (Cheers.) And there
may be persons—l believe there are—who have de,
bled giving because they thought the time would come
when their gifts would be more wanted than they are at
present. I do not blame a reasonable prudence in that
respect, but I believe the time has come when the contri-
butions of those who are willing to give are as much
needed as they can be at any future period. No one attempts
—and perhaps they are right—to estimate, or even conjec-
ture, the duration of the present distress. Higher authori-
ties than I em on commercial subjects think that we bayonet
yet passed, indeed that we have not yet reached, the worst.
It is not owing to the American war alone, but it is
owing in some degree also to the over-production of the
hat few years. There is a vast accumulation of goods on
hand. Every week that accumulation tends to diminish ;
every week, therefore, the demand tends to increase; and
I believe I am right in saying that it is not so much the
actual absence of cotton as the impossibility of working
the raw material with a profit, or without great loss at its
present prices, that causes cessation of employment. These
considerations are not without their importance. I receive
letters and reports from many parts of India, and they all
agree in this, that the people of that oountry,who, simple as
we think them, are fully alive to their own interests where the
making of money is concerned, are quite aware of the state
of things that exists in this country, and are peepisred to
profit by it to the utmost. I saw a letter from Madras
only
the other day, in which the writer expressed a belief that
every pound of cotton grown in the country would find its
way to England; and I have it on credible authority that in
some districts, not only has land, otherwise unoccupied,
been planted with cotton for the first time, but that green
crops, growing a foot out of the ground, have actually been
ploughed up to make room for the sowing of cotton.
(Loud cheers.) I hope, therefore, that we may
look, shortly, for • larger supply from that
country than has generally been expected. (Cheers.)
If there be any of you who have been tempted not to
make nee of the stock you have by the apprehension, which
1 can well understand, of suffering from the sodden nem.
tin of the blockade, and the pouring in of a cheap supply,
so far as I can judge, I believe that that apprehension is un-
founded. l have seen something of Americans represent-
ing both sections of their country, and from all 1 can learn I
have not the slightest hope or expectation that there will
be an early cessation of that war. If that be so, sorely the
supplies from other sources may be utilised with less risk
than would otherwise exist. (Cheers.) Pardon me for
having attempted to deal with • subject with which others
here are more conversant. All I will say is that, let the
mitigation of our difficulties be ea greet as possible, in any
one the pressure upon us for the next three or four months
must be inevitably severe. If we fail, great as our
reluctance may be to accept state aid except in the last ne-
unity, we should be bound to see that we don't gratify our
local pride, natural and right as I think that pride is, at
the expense of those who would be the chief sufferers by
our refusal. I have only one word more. We have often
heard in former times of differences existing in these dis-
tricts between employer and employed. I believe that
these differences were merely what in English we call every
quarrel, namely, misunderstandings. I believe they arose
from the two classes not understanding one another as
they ought; but I am sure that the spectacle which has been
exhibited, on the one hand of steadfast patient endurance,
and on the other of liberal selfaacrificing assistance—l
believe that spectacle will lead to a feeliog which has not
hitherto existed between the different cheers of the com-
munity, and tend to bring about a higher social state than
has yet been witnessed in this country, or perhaps in any
country in the world.
Lord E. HOWARD seconded the reaoultiou, which was
agreed to.
Mr. Mactomt, secretary of the Executive Committee,
read the licit of subscriptions collected in the room, which
amounted to over 50,0001., and included the following
The Lord- Lieutenant £2,000
Lord Derby 5,000
Mr. J. P. Heywood 2,000
Lord Overtonel,ooo
Mr. B. H. Jones l,OOO
Lord Egerton 2,000
Lord Crawford l,OOO
Lord Skehnersdels 4OO
Sir J. K. Shuttleworth l,OOO
Mr. Cardwell, 11. P 5OO
Mr. Gladstone, M.P 201)
The Marquis of Salisbury 2OO
Countess of Sefton
Earl of Btsdford 5OO
Lord Kingsdowe 5OO
Lord Grey de Wilkie l5O
500
Sir T. Birch
Maus. ltathbone and Co 2,000
The American Chamber of Commerce at
Liverpool l.OOO
Colonel W. Patten
Lord Stanley, V..P 2OO
The Marquis of Hartington l,OOO
Messrs. Wrigley end Sons
Mr. J. C. Ewan, M.P.
Mr. Anderson 5OO
Mr. J. Heald
Sir T. Hesketh
The Underwriters at Lloyd's 2,000
Colonel T. Clifton 4OO
The town of St. Helen's 2,500
It was also stated that within the lest four weeks the
amount contributed by Lancashire, including 3,0001. from
Warrington, 50,000.'. from Mancheeter, and 13,4001. from
Liverpool, amounted to 110,000/.
The proceedings terminated with a vote of thanks to the
chairman.

SW *magma.

COURT OF QUEEN'S BRIM/IL—Dm 2.
Sitting' at Nisi Nees, aim berm, at Westatinske.—lßefore
Lord Chief Jus oe Cockburn sea a Cowmen Jury.)
egrieocin e. BITITIMWORT/L—Ml. DIGB[ EEIMOI3II, M.P.,
AND THE DENDHIIIII OP .1111 MIDDLE TEMPLE.
This was an action for libel. The defend's& pleaded not
gnilty.
Mr. Lush, Q. 0., and Mr. Kum were counsel for the
plaintiff ; Mr. Serjeust Shea Mr. Hawkins, Q.C., and Mr.
Puller for the defendant.
, Mr. Lush said that he appeared for Mr. Digby Seymour,
• Q.C., and M.P. for the borough of Southampton, who
a complained of • very serious libel published by the de-
, Judea, who was the publisher of the Law Ma9azine and
Law Review, which has been in existence for mast' years,
and was to be found in every law library in the kingdom.
m The learned gentleman, who stood near the jury whilst ed-
it dressing them, and who spoke with an inaudible voice, was
el understood to say that this publication, which was taken
ea in by the profusion generally, had published what
0,, he unhesitatingly termed • scurrilous libel oa the
mt, plaintiff, and that that gentleman bad come be-
red fore • jury to claim compensation for the attack that
aD had been roads upon him, and to vindicate his character.
no. The defendant, by his plea, had abielded the writer of that
aof article, who evidently had some personal feeling against the
aof plaintiff, for his malignant feeling was manifested and could
this be traced throughout the whole of the libel. When he
hof read the publication to them be felt satisfied they would
and agree with him that it was penned by some person who had
ring • most vindictive feeling towards Mr. Seymour, with • view
—h—a"a to crush that gentleman with regard to his professional sue-
well ems and politicaletanding. Hattacked almost every period of
„Ay, Mr. Seyncour'slife. It referred to his origin and education,
it the as well as every step he had made professionally and poli-
t._.l tically. Mr. Seymour's object, therefore, in bringing this
sad to action, which was the first opportunity he bad had of
Fund. bringing the whole subject before • jury and the public,waa
,re too to have • full investigation into all the circumstances that
tuatly had been the subject of inquiry by the benchers of the Middle
Pf the Temple. The writer of the article complained oft had shrunk
future from pleading a justification, and had simply pleaded not
at. guilty. By that mune he had raised no Mee with regard
.71,.„t, to the truth or falsehood of the charges he had made against
'mild be Mr. Seymour and he had placed that gen-
.
twe tleman in the position of being placed in the
d the witnem-box without being able to give any evidence
dent et. with regard to the truth or falsehood of the charge
armed be that had been made against him. All, therefore, that be
7 =CUM. was enabled to do was to give such • history of the circum-
a, it not stamen alluded to in the libels would enable the jury to
hi it is underetand it, and appreciate the spirit and animus which
upon had actuated the writer. As the writer bad wailed 51r.
Sim ram Seymour from the beginning of his career up to the present
emporary time, tumult give them a history of that gentleman's life.
ms of in- Mr. Seymour was the son of an Irish clergyman of the
It is the protestant church ; and u the writer bad sneered at
enormous Mr. Seymour's education and attainments, he had to state
r the time that Mr. Seymour graduated with honours at Trinity Col-
get at
the legs, Dublin, and whilst there he obtained several prizes for
therefore, literary productions. On coming to England he was called
which have to the bar in 1846, and he chose the Northern Circuit. In
r and fairly 1852 he was elected member for Sunderland, and he was
, meet the Dow a barrister iu considerable practice. He very soon
done by became leading counsel at sessions. He was engaged in pro-
m, secutious for the crown and also for the Post-office, and,
Thme are holding that poeition,and during the time he was member for
om anything Sunderland. he was appointed, in 1854, Recorder of New-
, the rates. castle, and from that time to this he had held that judicial
ur, but it le a office. Upon receiving the appointment of recorder
the honor, of he was obliged to vacate his seat. He was not
]lore than returned on that occasion, but in 1859 he was
neeitabie that elected for Southampton, and still represented that
and different borough. In addition to that he was appointed in
in whom they
1860 Queen's counsel in the county palatine of Lanus-
into considers• ter, which was generally considered by the bar of the
amount of the northern circuit as a steppingstone to other dignities in the
ht, u fee as profeesien' and he held that rank till he received from the
themselves late Lord Chancellor his patent of Queen's Counsel of Eog-
And there bad. A number of other gentlemen who were also mem-
bers of fthe same circuit obtained their patents of Queen's
ho have de-
me would come Counsel at the same time, and without disparagement of
San they. are at these learned friends, he might say that Mr. Seymour's
udence ID that appointment was justified as much as he others.
when the rioutri. Shortly after that appointment he received an tell-
,. an aa much =Bon from the beechen of the Middle Temple, to
No one attempts which inn he belonged, that certain charges had been
or even conjec-
made spinet him which they considered it to be their duty
Higher anthm.i. to investigate. Mr. Seymour was therefore called upon ;or
k that we havenot the first time to answer, not for professional misconduct,
ached, the worst. except in one instance, but for other matters that had cc-
alone, but it is carted unconnected with his protegeen seven or eight years
.production of the previously. He was at a lose to know what those charges
mtiou of onrod. bad to do with the writer of the article in question ;
nod. to dirninith but he did know that they ware brought forward
h ant{ after a lapse of years, when the means of exculpa-
, not so much the tion had diminished, and which, if tree, were more
aibility of working fitting for an inquiry in • criminal court than
ant great em, at before the benchers of the Middle Temple. How-
ever, so it was, and Mr. Seymour was called upon to
mploymenk These
,portannat receive answer certain matters unconnected with his professional
career except in the one instance he had referred to. Mr.
f India, and theall
others
ea Seymour, like many in their foolish and giddy days,
,untry,who simple
interesia 'arhannthe became connected with joint-stock compenies, and the
re
aware of the state
and charges made against him were in connexion with them.
are ...red to The investigation occupied • considerable time, and in the
Item from /wins only course of that inquiry it turned out, in the matter re-
sed a belief that lating to his professional career, that some years ago, having
4.'n'''ntry „ow hod its got into difficulties and into debt, as the result of his
speculations in these joint-stock co:apelike, he became
dible authority that in
&bet-wise unoccupied, indebted to • solicitor. He was pressed foe payment.
time, but that green
Being unable to pay, be offered, as the only means
ad, have actually been by
which he could discharge the debt, to give up
whatever fees came from that source. The learned counsel
the sowing of cotton.
fore, that we may did not mean for one moment to deny that it was unprofes-
pply from that "Meal conduct on the part of Mr. Seymour to do so. The
supply
proper etiquette of the bar very properly forbade such •
been tempted
in expecteeL heers.)
not to practice. It was the only honest mode Mr. Seymour bad of '
the apprehension, which liquidating him debt ; sod, not for one moment justifying
from the sodden mew In conduct, it was not a matter that ought to be made •
seriouscharge against a professional ma's moral character.
og in of a cheap supply,
Previous to them cbsrges being made Mr. Seymour
that apprehension is tin- had been the victim of certain vague rumours,
of Americans represent-
resulting,
no doubt, front his connexion with
and from all 1 can learn I
,o
If that there will them companies, but they took no specific form
If that he so sorely the until the investigation before the benchers. The einem-
stances connected with them were industriously circulated
he utilised with less rink amongst his constituents ; and, indeed, at that time, in
Cheers.) Pardon me for
consequence of the rumours that were afloat, and for some
subject with which others time afterwards, the public was disposed to believe every-
will say is that, let the
geese ee passible, in any thing and anything that was card. The result of the
investigation before the Mockers was that they acquitted
I next three or four months
Seymour of the charges that had been brought against
If we fail, great as our
;.
him that they rebuked and reproved him for abet he had
e aid except in the last DE- don Anent the same time that the decision was made
ere that we don't gratify our
at
_known it reached his constituents at Southampton, and on hie I
a I think that pride arrival in that town for the purpose of addressing them, be
ild be the chief sufferers by
cord more. We have often found that not 0011 had the information reached the I
bands of many of hie opponents there, but that they knew
recces existing in these dis-
alao the names of the bombers who bad voted, and how they
employed. I be
that
had voted, and, mistaking the reproof of the bombers. his
what in English we call every
opponents circulated in Southampton a report that the
Wings. I believe they arose
..banchers had toned him guilty of the charges that had been
iderstanding one another as
erougnt against him. He also found the town placarded
t the spectacle which has been
with insinuations respecting this inquiry, at the instance of
I steadfast patient endurance,
onif,sammoing emetence_i loonymous end disappointed electors, and he was challenged
at the meeting to say it he had or had not been convicted of
,ad to • feeliog which hss not the charges that had been made against him. Of
different chums of the com-
coons, in the state of mind he was then in it was
ynut a higher social state than
hardly to be supposed that he would be able to measure
his country, or perhaps in any
or weigh with that precision a man would in cooler and
dad the resoultion, which was calmer momenta the words he used on that occasion. He
had undergone the most trying ordeal that a professional
TOAD could possibly undergo. He felt acutely the charges
of the Executive Committee, that had been made against him at a time when promo.
na collected in the room, which teen had been exceeded to him by the late Lord Campbell,
mid included the following : and he felt hurt that the rebuke which had been cast upon
£2,000 him should have reached Southampton. He was, there-
-5,000 fore, unable to refrain from alluding to it, and the address
2.000 which he then delivered to his constituents in vindica-
-1,000 tins of these unfounded charges had also been
1,000 I made the matter of attack in this libel. That
2,000 was an outline of the circumstances relating to Mr.
1,000 Seymour to which the libel pointed, which it was necessary
400 for the jury to know before they could fully understand and
th l,OOO appredate the malignity of the attack complained of ; and
500 after he had read the libel to them, he would ask them if it
HO was a fair and legitimate comment upon a man's public
ishary 2OO career, or whether it was not a malignant and studied attack
200 upon a man for the purpose of crushing him. He was not
500 there to say one word against the liberty of the press, for
500 the action was brought for no such purpose. On the con-
ice l5O teary, it was for the benefit of all that there should
500 be free and open discussion; but it was necessary
mud Co 2,000 for the mainteneuce of the liberty of the press that
umber of Commerce at it should be carried on and kept within its proper limits.
1.000 He admitted that they might discuss in the newspapers the
1,000 public conduct of any public man, from the highest subject
200 in the realm to the lowest. Every member of parliament
artingtou l,OOO might have his public conduct criticised, and what they
tad Sore
M.P 5OO criticised by the press, but it must take care not to go
1100 beyond that. If, however, they went beyond that, and
1,000 imputed corrupt motives to him, if they attacked him in
300 his private relations, and abused the liberty of the press,
2,000 such a person was liable to an action for libel. If this paper
400 or publication had contented itself with the mere criticism of
" 600 Mr. Seymour's conduct in parliament. however severe it
might have been, provided it was bond
fide, it would not have
been actionable, and the same applied with regard to his
professional career. A man, therefore, had no right to take,
as the writer of this article had done, rumours against an
individual and embody them in print as a charge against
him. The wilier of this article had done so, and had put
these rumours into the form of an indictment, for it was an
indictment from the beginning to the end, and attacking
THE MANSION-HOUSE COMMITTEE. —The total Mr. Seymour socially, politically, and professionally. [The
arnountreceived at the Mansion-house in aid of the distressed tweed counsel read the libel complained of, and which, as
operatives in Lancashire during the last two days was it would fill some four or five columns of our journal, we
about 7,5001. Although this sum shows • considerable de- cannot print.] The learned (*UMW in continuation said
crease in the receipt, that being nearly the daily average he need hardly inform the jury that the character of a pro-
daring last week, the number of subscriptions have by DO fissional man was essential to his success. The article told
; means decreased, but they no* consist of much smaller the public that the plaintiff had goes through an ordeal
sums. Amongst the donations were 5031. from the Residents painful enough of itself to anytime that of answering charges
1, of Canton ; S. Maw and Boa, 1051. ; Royal Mail Packet arising out of professional misconduct that occurred years
Company, 1001. ;V.N. H. 2001. ,• Florence, Stet instal- ago. He bad been subjected to a severe censure from the
moot, 4001. ; Finley, Campbell, and Co., fifth instalment benebers, although they had found that the charges were
monthly, of 2,0001.-2001. ; Henry Raton, second weekly not proved, except in the one particular he had mentioned.
instament, 100/. ; Bermondsey, third instilment, 1001. • The writer of the article bad not told the world upon what
parish of St. Michael's, 2441. Os. 6d. • Harrow-on-the evidence the benchers had come to their conclusion, so that
100/. ; Blsndford, 1721. 3s. 6d. ; Nottingham, 1281. 9e. 6d. ; they might judge for themselves ; but he had told Mr.
House-to-house Collection, Chamarsh, 60/. • Offleas, Noo- Seymour in this article that be ought to be no longer a
commissioned Mein and Gunners a 2nd brigade Royal proper to
the English bar. The writer having thought
r Aztillery, 501. proper to shield himself under the name of the publiehsr,

She replied that she died on the day following that 041
which she made the observation that she was going very
fiat, and she made the statement to which she referred
only a few hours before her death.
Mr. Justice Byles said be was of opinion that under I
these circumstances the statement wee admissible as • 1

Mr Seymour lied no alternative but to rang his aetioe
egainit that person, and when the action was brought the
defendant, instead of offering an apology or • retractation,
released the plaintiff to his mohair, and In the following
numbs, was published another article on the subject, which
the learned counsel also read. It would be, he rid, for the
He
to say whether it was a jest and fair comment.
He called upon the jury to give to the plaintiff sub-
stantial damages for this most malignant attack upon
him, not because the plaintiff wished to put any money into
his pocket, but because the public in a are of that kind
looked to the amount of damages given r an index of their
mind upon the question submitted to them. He hoped the
result of the trial would be that the jury by their verdict
would say there re no reasonable pretense for the writer's
stating that Mr. Seymour err a man unworthy to belong to
the profession of the law.
Mr. Keane handed in the publication retaining the libel,
which he said was admitted by the defendant. He celled
Mr. Seymour, who deposed—l am the plaintiff. lam •
Q.C., and M.P. for Southampton. My father was a clergy-
man of the established church in Ire Lind. I was educated
at Trinity College, Dublin, and graduated with honours.
In 1846, when at the age of 2:3, I was called to the bar. I
practised on the Northern Circuit. I attended the sessions "
at Newcastle, Northumberland. and Durham ; and after-
wards
Leeds and other places. I had • large business at
these sessions, and I was entrusted with crown prosecutions.
I was elected M.P. for Sunderland at the general election in
1852. I was appointed Recorder of Newcastle in 1854.
I cannot connect that appointment with any vote I gave in
Ld?nt. I know it was stated that the appointment
oeme relation to a vote I gave on the Foreign Ruhr-
ment Bill. I had voted in favour of the measure previ-
ously to the recordership becoming vacant or of there being
any probability of it. I had told my constituents before
that I should support the measure. My vote was not at all
influenced by the appointment. I was not reelected for
Sunderland. I was elected for Southampton at the general
election in 1889. Between the two election' I continued to
be in extensive practice both in London and on circuit. My
practice steadily and considerably increased I was 'p-
pointed Q.C. to the County Palatine of Lancaster by Mr.
Martin, with the assent of Mr. Baron Wilde, who
was travelling circuit with him. The appointment received
bin express ruction. Both thew learned judges were mem-
bers of the Northern Circuit at the time I joined it, and
continued so till their elevation to the bench. In the
spring of 1860 I drew a bill and brought it into the House
of Commons, relative to the Admiralty jurisdiction. That
bill passed the House of Commons before I was appointed
Q.C. and had gone up to the Lords. It received the ap-
proval of Lord Brougham and Lord Cranworth, but it did I
not pre the Lords. I gave notice in 1861 of my intention
to again introduce the bill. I afterwards received a letter
from the late Lord Campbell, to the effect that he approved
of the measure. I gave way, and the bill was introduced
into the House of Lords. I then considered it a govern-
ment measure. It ultimately pared, and is now the law
of the land. Lord Campbell's letter was dated the 14th
February, and on the 19th I received • notification from his
lordship that I had got rank as Q.C. I was appointed in
1861. A large number of gentlemen were appointed at the
same time ; amongst them several of my contemporaries on I
my own circuit, with whom I had attended sessions and
fought the battle of business for many years. There was no
political pressure used or bargain made as to my appoint-
ment as Q.C. As to pressure, I should have thought it
hard if I bad been rased over, considering those who were
to be appointed.
The Lord Chief Justice—You say no pressure was used!
Plaintiff—None, my lord, directly or indirectly.
Mr. Keane—And was it ever conveyed to you that Lord
Campbell expressed his regret at having appointed you
Q.C. ?
Plaintiff—Until I sew it in the article referred to I never
had any reason to suppose so. 1 went to Southampton, and
in my address to my constituent' I referred to some
proceedings that had taken place before the benchers
of the Middle Temple, part of which is published
in this article. I found the town placarded when
I got there, together with a copy of the
benchers voting. It had been industriously circulated
about the town. The statement in the article as to the
manner in which I received the intimation of the saddled
merciful view of the benches is an entire perversion of
what occurred. I heard the judgment, as I call it, read over
to me when I came into the room. When it was over I said,
" I thank the benchere for their finding with regard to the
principal charges." I then referred to the observations on
Robertson's case, and I said that, although they acquitted
me with romantic generosity because I consented to set
him free from an engagement which he had entered into at
our common risk, many years would not rollover before they
would be prepared to admit that they had not done justice
to my motives or my character. I may have spoken with feel-
ing ; but I certainly shed DO tears. If I acted in an abject
sprit I was not corder of it. I wrote the protest in Ja-
nuary, 1862, and on my return from Southampton I added
the postscript. My voting in parliament had nothing to do
with my getting silk.
The Lord Chief Justice—You were at that time then
supporting the government generally!
Plaintiff—Yes ; I supported the government both by my
speeches and votes. I published • book for private circula-
tion with reference to these charges. There were several
names mentioned in it, and these persons objected to its
publication. On my pressing them strongly they withdrew
their objection, and I then sent copies to my friends, to
the members of the Howe of Commons of position and in-
fluence, to the members of the House of Lords, to various
members of the bar, and to many of my friends who wished
a copy for the clubs.
Mr. Seriert Shoe proceeded to cross.examiee the plain-
tiff, but had not concluded it when the court rose.
The further hearing of the case was adjourned to this day
'Wednesday).

dying declaration made by the die:eased.
The witnees then proceeded with her evidence. About
three hours before my mother died she said to me, "That
wicked man (meaning the prisoner) has been the eerie of
my death." She afterwards said that he had caused her
death by turning her out of the house. A week bdare the
23rd of October, and down to that time, my mother was
quite well, end performed all her usual occupation about
the hose°, and waisted the servant in washing and darn-
ing. She was a little addicted to drinking, but I lied not
seen her intoxicated for some time before the day in
question. She was quite Doter at the time my father acted
towards her in the way I have described. Oa the day Infers
her death she complained of pats in the thigh, where the
prisoner bad struck bur with the Wags, and she showed me
a mark. _ . .

Crass-examined—l believe my father and mother were
married, but a short time back I heard my father say they
were not. They were always considered as man and wife.
They did not live very happily, and I believe something
had been said to the effect that my mother was to leave
him and go to live at another farm a abort time before
the 23rd of October, but the place wu not ready to receive
her, and it was arranged that she should go temporarily
to Mrs. Clifford's. lam not aware that the reason why
my father and mother lived unhappily was her being ad-
dicted to drink. At one time my father wanted me to
go
to Port Lodge and be his housekeeper, but I would not
leave my husband. The girl Whitbread bad been known
by our family from a child and when I saw m hither at
Chatham on the 23rd of OCtober, I understood from him
that he was going to take her as housekeeper and that she
was to accompany him home at night, and the other girl
(Collier) was merely to go with her. I also heard him say
something to the effect that my mother had either gone, or
was to go, on the following morning. My father asked me
to ride with them when he overtook me on the road, and I
did so, although I thought it was very improper that he
should take the girls home with him. After
I put my mother to bed I went into the
room where my father mid the two girls were
at supper, and I had some tart, and also drank some ale
with them. The girl Collier slept in the same room with me
that night. It was after they had supped that Whitbread
said she would not have come with my father if she had
known that my mother was there. Ido not remember say-
ing when I was before the magistrate that my father struck
my mother on the shoulders and not on the head.
Mr. Justice Byles said he thought that in the interest of
justice he ought to put the deposition she had made pre-
viously into her hand, in order that she might see what she
really did say, and he accordingly did so.
The witness having looked at the depositions said—f re-
member now that the prisoner struck my mother on the
shoulders with the thong of the whip, and he did not
strike bee on the head. I also said that be threatened to
" chuck" her out of the home, and I made a mistake when
I stated that he said that he would kick her out. My
mother was a large stout woman. I swear that he did not
lift her out of the chair in order to arid her to bed. The
two girls drove out on the Sunday by themselves. I believe
that some arrangement had been previously made that my
mother should go to Mrs. Clifford's until the other place was
ready for her.
Re-examined—Dnring all the time my father and mother
lived together they were reputed to be man and wife,
and it was not until two or three months ago that I
heard my father say they were not married. My mother
never said anything to me to the same effect, but
on the contrary, two or three hours before her death, I put
the question to her, and she told me that she and my father
were married. I never heard that nay mother had con-
sented to leave the house, end so far as I could judge she
had no intention of doing so. I knew the character of
Whitbread, and I thought she was a very improper person
for my father to take into his house.
Harriet Russell said—l was servant to the prisoner at the
time in question. I remember his having to go to Chatham
on Wednesday, the 22nd of October, sod before he went
away he told me to prepare the beat parlour, as he should
bring a friend home with him that night. He did not
return on the Wednesday night, but he came home on the
Thursday night, accompanied by the two girls and the last
witness.
Mr. Robinson, a surgeon at Brampton, near Chatham,
proved that he saw the deceased on the day before her
death, and she showed him a bruise on her left thigh, which
was as large asthe mown of a hat. She was evidently sink-
ing at this time, and she died on the following morning.
Upon a post mortem examination he discovered that the
liver was very much enlarged, and the heart and kidneys
were also very considerably diseased. She might, however,
he said, have lived • considerable time notwithstanding the
diseased condition of these organs, and he expressed his opi-
nion, founded upon the evidence lie had heard, that her
death had been accelerated by the +hock to her system that
was occasioned by the violence inflicted on her by the pri-
soner on the night in question. He also said that the liver
of the deceased being in the condition he had stated was very
likely to be severely influenced by such a came as the one
referred to.
Mr. Joy, another medical gentleman, gave evidence of a
similar character ; and this closed the case for the prosecu-
tion.
Mr. Ragan having addressed the jury on behalf of the

prisoner,
Several witnesses were called, who gave the prisoner the
character of being a kind and humane man.
The jury in a quarter of an hour returned a verdict of
Sentence wee deferred.

OXFORD CIRCUIT. —STAFFORD, Disc. 2.
(Before Mr. Justice Mellor.)
James M•Donald, 20, striker, and James Howlett. 18,
striker, were convicted of feloniously assaulting Joseph
Robert's on the 2nd November at Wolverhampton, and
stealing from his person three half-crowns
The prisoners watched the prosecutor leave a coffee-
house at about one in the morning, and in a much fre-
quented thoroughfare, and in the sight of at least three
passers-by who were only ten yards off, garotted and
robbed him of 7s. 6d.
Sentence, four years' penal servitude each.
Henry Gwynn..., 30, boat-builder, war convicted of two
burglaries, the one on the 28th and the other on the 31st of
July, at Tipton, both on promisee within ten yards of his
own house.
Mr. Justice Mellor sentenced the prisoner to be trans-
ported for twelve years.