The British Press; or, Morning Literary Advertiser.
London, England, 1821-01-30 00:00:00

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IsifignrsOssi as avalsoeitioa for the passage, cited by '
hie Learned Friend. Mr. Gurney, it could sot be
considered conclusive. What he should like to
ame wee, •an aittsseity foe tiwooniihment of a'true
statement of the 'past proceedings or a Court of
eklitiee. lie mold find ho such instance, loud he
missi my, that if it were'no crime to publish such
pestreedingi. where so Prohibitory. order of the •
• (-port eximed, it was a most alarming proposi-
tion that it should become so by that order mere( y.
'The Lotto (Alum Jiiitica said, that at the Old-.
Smiley it continually occ'orred that the evidence
was of seeks nature es in be highly imposter to
jpijin puhlished, .and intimations to that effect were
47: Own: •
.Mr. Donnas apprehended. that in those eases •
toelibials his Lnritship alluded, the evidence was of
sock ._mature that to publish it would of itself be
effence. and it wits in kindness that the Court
elm the intimation of its of n. The Learned
Otiosel then proceeded to controvert the arguments
which, went to skew the injurious effects of such
publications to the, cause of substantial justice;
aad fit contended. that, in the first place, it was
latterly impossible to prevent all publication ; and
nest, thapf possible, it would not be desirable.Ke ieasisteei that the greatest security for the ad-
ministration of public justice was publicity. and
that nothing could be more favourable to falsehood
and injustice than mystery. What he doubted was
sloe authority of the Court to make a contempt by
imiaing an order toot to do dist which without such
outer would be lawful. It would be convenient
certainly, though at the Sessions. when orders of
bastardy were made end disobeyed, the parties
were not fined but proceeded against by indict-
tneut. Supposing the Observer (Are had been
across the water in Surrey, tins proceeding could
not have had place. In conclusion, lie submitted
diet the Court had no power to punish an ahheiot
person, that person a stranger (and Mr. Clement
was absent and a stranger), and that he had dons
nothing but what he lawfully might do.
Mr. PLATT followed on the sawe eide, and con-
tended that the. first intimation of the pleasure of
the Court respecting the publication of its pro-
ceedingr, did not amount to an order, bat was
merely an admonition; but if it were to be con-
sidered as an order, Ire then contended the Court
was oot competent to make sack en order. if that
were so, then every Court of Quarter Sessious
had the power, nay every Steward at a Court Lert
had it, for that also was • Court or Record. Nei-
itver was the power necessary, fur supposing it to
be a crime, the offender was putithliable by in-
dict meeit.
Mr. Justice HOLROTD referred the Learned
Counsel to a note of Lord Chief Justice Wilmot
in his Reports, where lie stated his reasons fur
thinking that for contempts not before the Court
• summary process might issue.
Mr. PLATT—" That only applies, my Lord, to
the case then before the Court."
Mr. Justice HOLROYD—" In Salkeld, the King
a. Lord Preston ; ,list was the case of a wittiest* who
refused to be examined, and the Court imprisoned
liim. My Lord Holt admitted him to bail, but
observed that lie would have tined him."
Mr. PLATT—" Undoubtedly, my Lord, he was •
witness brought there by a subpoeue, and within
the jurisdiction of the Court."
In the present case, the Learned Counsel con.
tended that Mr. Clement had had no opportunity
of auswering; he had been called upon to appear,
hut hint strewn thst lie could not appear. The
tiiet order of the Court was, lie argued, in the tor-
ture of mellow process, and could nut be acted
tii.on as a final process. The Learned Counsel
concluded by observing that, if the doctrine con.
traded fur by the Attorney-General were true, it
might, if csrricd to its fullest extent, supersede
the trial by Jury ; es the Judges might embody all
the Acts of Parliament passed during a Session us
an order, prohibit its infringement, and then fine
tar the contempt.
The LORD CHIEF JVITICII said, he had heard
nothing on the present occasions which induced him
to doubt the propriety of what had taken place in
the Court below.
Mr. Justice BATLEY concurred with the Lord
Chief Justice. He took it for granted that the
Court had the power to make an order prohibiting
any thing which would prevent all impartial ilial.
One thing which had struck him forcibly as likely
to have that injurious effect was. where a witness
was called, who told a fabricated tale; it he were
called again upon • subsequent part of the seine
• proceedings, it might be a means of his preserving
consiatency in his falsehood, from having a primed
'account to refer to. lie egread that for offences
ot the sort • party might he indicted ; but it
seemed to him essential to the purposes of justice
that the Count should have • summary process, as
to all casts the miichief would be dune, and its
...Many cases would `be irreparable, if that sumiussy
• *.uo,er wire wanting. On the whole, he was of
:opinion that the Court below could fine, and that
this COurt ought not to grant a rerriortiri.
. Mr. Justice lir:n."011) was of opinion, that the
role for a certiorari ought not to be granted ;
and concurred with his Learned Brother, in the
opinion, that the proceedings of the Court below
were legal. Much ingenious argument lead been
offered on the eleriniug nature and consequences
of the power in question. Certainly every power
might be abused, but that did not prove the ilk-
geloty of the power itself.

4*r

Mr. Justice BEAT said. that he was present at
the Court below. and had thought much tat the
subject ►iuce. but fruit► that time noihiug had
OCCIIIIIIII 10 induce hint to doubt the legality of the
course pursued. He fully concurred with the re►t
. of the Court.

•Cot.eaee BRowmc.—A fact has been stated to
• •us on very good authority. which may serve to ex.
plain the &stick on Colonel BROWNII. When the
witurates he Ind sent from Milan. to give testimony
nn the charges against her Atmore. received in
•• Landon the allotted payment for the iniquity in
which they had been eugaged. tiny found it so
much below their espectationo, aid she promises held
oat to them by their employer, that they became
excessively sadigusist. They declared that Colonel
BROWNS had intuited them all that their fortunes
would be made by the process. anti openly vowed
revenge for the deceit that had been practised.—
ewes.)