The Express.
London, England, 1851-11-19 00:00:00

sip.
Cro.s tl3lllined.—llave yen ever heard Mr. Grayson es.

_
imbued on his oath
Mr. Hurry.—l have to day, and have beard him tell two
kilsehoinis. I think 1 heard him once examined on his
oath in the Insolvent Court. I snow Webb. About three
seeks ago be paid me 30,. on account of fees. I said 1
mould not take the money in that way. a, large SUM had
been paid is Grayson tor cents, out of which my fees were
Mbe paid. Urayvio never paid me a shilling on account
isf Aekerley's ease. Thins fees were not for ser-
vices never performed. Ackerley paid more than
my charges. My charges were thirteen guineas
Grayams repeatedly told me that my fees were to
be paid, when Aekerley paid his costs The prisoner
was my clerk Ile has Mesa to my offices two or three times
I have made on.: or two stiagettiOle% to the counsel for the.
prisimer in this case. That wad in the enseeexarnination of
Mr. firayom. The prisoner has not consulted me about
the bre t tor his defence:. I saw him twice in the House of
Detention. I saw him upon burin," not ecnneeted with this
came. In consequence of his sudden apprehension certain
documents had been left in confusion; they related to
matters upon which he hid been employed on my reCOlll-
- 1 recommended him to several persons; for one
be hail to negotiate the sale of some books. I recommended',
him as a romminion agent. I did nut recommend him ao 1
an attorney; that 1 swear. Ile has not dune legal business
fur the persons 1 recommended him to. He has not gone
to Judges' Chambers about writs and things of that kind.
He has not been at my chambers for hours at a time. When
I saw linn at the !louse of Intention I signed a book with
mitlnrarie
l''arr. y —Did you not sign that hook as an attorney ?
Mr. llorry —No; 1 did not.
Mr. Coacher objected to this line of cross-examination
being pursued towards a member of the ear.
Mr. Parry maid it was • painful position fur him to be
placed in. Mr. Holey was a member of the bar, and had
on his oath stated that the prosecutor was not • person fit
to be believed on hi, oath, and the object he (Mr. l'arry)
hail in view seas to show to what an extent Mr. llorry was
to he credited. It was exceedingly painful for him to have
to do en, but he mild not permit any consideration to deter
him hums, ' g his duty to his client. lie abould, therefore,
persist io the course he was taking.
Mr. Turner saw no objection to the ems-examination.
The " Solicitors' Visiting Houk" of the llonee of Deten-
tion was then produced by roster, one of the officers. It
contained the signature of Mr. Ilorry, as • visitor to the
prima.
Mr. llorry—As 1 was leaving the prison the gatekeeper
said be wanted me to sign a hook. Ile pointed out a place
where 1 w4+ to sign, and 1 put my lirtilo there. This is
the first moment of my knowing it was the solicitor's
kook.
Mr. Parry—Upon your oath did you not know it at the
time. lie. Hurry ?
Mr. 'lorry-1 did not. I ...car positively that the offi-
cer pointed, out to me where 1 was to sign, and I signed
there, and that I did not know until now that it was the
solicitor's book. 1 have lent the prisoner money. I lent
him Ws. one night, and he paid me. He has received
money from the friends 1 recommended him to. That was
not fur attorney's business. I knew him as Cinipon's clerk.
He dues nut owe me money. Ile spoke to me twice in the
House of Detention about his ease. 1 told him 1 would
rather not have anything to do with it. I never saw the
brief or the witnieoes. His wife has been to my chambers
about the case. She stayed about 20 minutes each time. I
cannot say that I advised her as to the ease. 1 advised her
as to some particulars no doubt, but nut as to the entire
case. I have been committed by Webb about matters of his
own. I have repudiated &travail% since June last.
lie-etaininvil —1 am well known to the officers of the
Howe of Detention as a barrister practising in this court.
1 have practised here sines. 183.3. '1 he officer put his finger
to the place in the book where I was to sign, and it was
there I signed my name. 1 thought it was the ordinary
visitor's book. 1 never had soy tee from the prisoner's
wife fur too advice 1 gave. 1 gave that advice out of kind
and friendly fecliug to the prisoner.
It was theie proved that the prisoner had Wee a
character for honesty. Ile had beets employed on the Irv!
castle and Edinburgh Railway in 11443.
Mr. Parry, in addressing the jury in irigig.aahl be bad
been placed in an ezeeedingly primal peaa. MI be bit
that he hail displeased some of his learned brads, by the
course he had telt it tube his duty to take with regard la
Mr. Hurry ; but in his capacity el counsel, his duty to hie
client was the Only one he could recognise, maims
be was bound to observe above all others; mid s4'
though amongst the members of the bar there existed,
an esprit de corps not to unnecessarily expose
the demerits of one of their own body, his instructions
bad forced him to adopt the line of cross-esamination he
bad pursued towards Mr. flurry; and he bad nut shrunk
from discharging his duty according to the instructions he
bad received as counsel fur Mr. Ora son. The learned
gentleman then proceeded to urge that Mr. llorry had in-
curred this by becoming • partisan ha a case, the real nature
id which he was unacquainted with. Ile had aided the
prisoner', counsel with suggestions during the crux-exami-
nation of Mr. Drapers, his motive arising from some
wretched, coutemptible squabble about money matters, and
he was contiocut that the evidence Mr. Hoary had given as
to the prosecUtior not being credible oa his oath would be
disregarded by the jury, us not of the weight of • feather
s& in the raw, even if they should regard it as of aa weight
whatever in relation to the merits of the big . Kis
learned friends shook their heads vim be was Mr.
Ilory. They did not do so when be was pursuing the
✓ate line with the shoemaker ; but be =alder as distinction
between the two—shoemaking was as honest • scab as that
of advocacy at the bar—indeed if publicoprion ware can-
vassed, he questioned if he should be ham cot in that
observation to its fullest extent—(a laugh); sad when a
barrister thrust himself forward in a ease, and made Idamelf
a partisan, be (Mr. Parry) could not see the Wildest noses
for not observing with regard to him the nuns imam pre-
daily as that adopted with regard to a shoemaker. As to
the ease there had been no answer on the merits—the de-
bate related entirely to collateral matters—hut th
had taken • mean and base advantage of his know
the private affairs of hi, employer and benefactor le tins
them into public—he had instructed his counsel to eigidly
eamniar him as to his private concerns—end Mr. Omar,
with great credit, hail had the madness to avow the tenth.
There was no opprobrium to be washed is a man biome
he was 'boggling to better his andition.
Mr. Turner shortly summed up. Ile romadini that It
appeared to him that there was se denying the dm* to
or the case, and the defeuce reminded him if' Mr puns
who, Living no case of his own, retreated Ills esusid to
abuse the parties on the other side. Ha Maid Mg Nei it
What way the private affairs of the pram ulat be.. ups fir
riiieetion.
The jury found the prisoner Gaily, bat recimmadail
him to mercy, on account of his former good charm*, and
the smalltime of his salary.
Mr. Turner sentenced him to ell maths' hard labour.