The British Press; or, Morning Literary Advertiser.
London, England, 1810-11-14 00:00:00

Friend wished to tome to trial, whilst he (the
Attorney-General) did !tot really desire so much
delay u the Pluoitter himself would thus be the
means of creating. When last term he moved fur ,
a trod at bar, he did it for the expecte purpose of
*winding the predicament in which the Plaintiff
was now putting I • ; he did it upon the footing,
that the Demo' ter was to precede the Trial at Bar;
and it was hut candid to him to say, that lie was
pursuing the course he formerly had comment-ed.
Suppose that the question of law were decided,
sod that their Lordehips bad detertuiued upon
the atgnment in Demurrer that the justifi-
cations were had in law. the course of the trial
would then be deer, there would be a judgment
of the Court that the justification was worth no-
thing ; the Plaintiff would nut be entitled to go to
trial upon the general issue; but the Jury would
find damagea aecordingly. Seppase, en the other
hand, that their Lordships should think that the
justification was supportable in law, then it would
be clear that if there be any excess, the Plaintiff
would only be entitled to Damages fur that excess;
and if there appeared to have beer no excess, then
the Defendant would be entitled to a verdict, end
cousequently have judgment in his favour. Every i
thing would thus be clearly decided, and there
would be no confusion in the trial, or in the argil-
meta, for an uninterrupted road would he pre-
'cuter' to both parties. What he asked tor, lie ,
fouudsd upon what Ahe Learned Serjeaut had him- '
self stated.
MP. Serjeant SHEPHERD here corrected die
Attorney-Cieneral, by observing. that what he hail
arid, or meant to say, was, that %livelier the point ef 1
law were argued by motion, or upon Demurrer,
it produced neither advantage, nor disadvantage '
to the parties; but that the postiemerneut of the
trial would be prejudicial to the Plaintiff.
The Areouritv-GEN eau. continued.—lie had
no doubt but that was what the Learned Serjeant
tied intended to ally. but that he wait sure he (Mr.
Shepherd) did not so represent it as he (the Attorney-
General) had taken down immediately his words
in writing, and he was much surprised at what they
had conveyed to his mind ; but he would be idly
wasting their Lordshieue time were he to rest his ar-
runtime upon what the L d Counsel did tint
say,-or did not mean to say. If the Learned Ser.
jeans did uot nicest to say what he conveyed to his
mind, be (die Attorney-General) did Pet mean to
rely opus it.and would argue that the mode of pro-
ccediug Dow proposed conveyed advantages to both
parties. If each of them thought they were in
the right, their mutual object must be to present
the questiou in as clear e view us possible at the
trial. it caskl not be doubted that this mode pre.
owed the matter snore cleady to the Court, and if
it dill so. it was Doody an advantage to all the par-
ties concerned. fie had formerly stated to the
Court his reasons why he thought it would be iticeo
convenient to have the trial at Isar miter the De-
murrer shall have been argued. He asked, not
only fur his own lecietit. but for that of the Phiiii-
tiff, that the order should be trantmeed, and that
the De nutter should be argued before the trod
toi k place. He thought it was the course that
mould prejudice neither party, and lie fruited that
their Lordships would see minim to adopt the Itule
already granted.
Loot Eeteasoarinutt, in giving his opinions,
tested, that in arranging the proceedings of the
Court. the Court did not look so much to the ins-
tuedime wish or coomitience of the parties, as to
the convenience of 01,t.i.)ing ultimate justice to
be• edmini.te-ed to them. If, therefore, upon a
view of the case, it were toned to he very much for
the cioiveatience of obtaining it full and Clear edini-
tiisteition of justice, and a saving of expense to all $
pieties (cad erre die party now resistmg ii), the
Co irt would Rod it proper to grant the appllcenoo.
As in every case it ass found expedient that the point
of law should be made clear, the trial of the legaley
should therefore precede the trial of the hour. In-
deed. according to the general practice of the Court,
they in ell cases whets a Demurrer occurred, or-
dered that I/mutterer to be tried before the general
issue, so that Om Judge might kuow bow to dime"
the Jury. Ile had fonud the inesueeniewee. and
- had memo to complain of due lisle met having
been adopted, no later than lest Sittings, when
peeinatur-ly an issue was toed. although is point
of fact the PI • •ti was not era led to recover open
the derision of the Demurrer, that Demurrer
embractug the whole eaose of litigation. Tants
the emus, of Sir Francis Bartlett teem Colette"
it did tint prevent the Densurru and the Casual
Issue. If the Learned Gentlemen should coislood
win arstivite plareru, would it not he convening for
the Joiy to know ..vlietlier theiustification. if sifted.
were legal or not % The Learued Serjeant ha'
said, that if there be an fiefs. it should he
doe ' eel in favour of the Plaintiff ; hut very
Jiff relit would be the mnonet. where there was
De pretenee for such a !teepees, tt being wholly
unjust is all its parte. Even if the verdict were
in femur of the Plaiettff. in regard to the excess.
yet if the plea of jai...lit:titian were uot good,
theme he tenulil he under the necessity of eons.
ing to a new trial for a greater quantion a do-
nates; sail he wash! he under a similar neetreity,
were the reedit* to he against him; re* he emit 1
toner to the Court for some supplementary justice,
which wreald not he found fur him iii the re-
plication to 'lie eseess. The eormeniettee to joie.
lice was in this mode of allowing the Demurrer
to he decided first, for then the Court would
have heard the arguments, and clearly decided
the law of the ease. There could lie no tin-
rertaiiiie in their proceeding* on that trial, hut the
Court knowing Chet the ms•ill •etion was illegal in
form and substance. would direct the Jury to tied
a larger entiseure of damages due than what they
coedit de under other circumstances. Upon the
record as it stood. the Plaintiff might recoret
motet itieseges ; and therefore if the I'l tintiff
looked to his own advantage. be would hod Mat it
consisted in the Cosa grandee the Rule.
Mr. Jostle( Coß4as4 said. that Vie expedience to
lii-ti:e and to the riehta of the parties had Moil en
lucidly explained by the Lunt Chief Jesting, that
he had not a doubt on the seitject. It seemed cleir
to him, that the Ins, of the case ought certainly to
he decided ON before they came to trial on the
ties. If this were not dose, they 'multi be pre.
010,
resetting in obscurity and ancertataty; Ma. on the
contrary, if the law were first ireplamed, the Judge
!mild know what ha had to direct, sod the Jury