The British Press; or, Morning Literary Advertiser.
London, England, 1824-07-19 00:00:00

apse Noy Judge; but I am determined, at all events, always to
perform my duty to my client. •
The CHIEF JUSTI,Ci—if you repeat en WE, Sir, I will send
you to the Fleet.
Mr. Sergeant WILDE (with very great warmth}.—l ate ready to
go wherever your Lordship pleases; but I will say, that no threat
from any Judge (and I say it with the most profound respect). I
repeat that no threat from any Judge shall deter me (and I beg
that the warmth of my manner may not be mistaken, for I am
more hurt than irritated Ido repeat again, that no rrest shall
ever deter me from saying that which I conceive it to be my duty
to urge for the interest of my client. lam ready to go to the ,
Fleet, or any other place your Lordship may think proper to send
me to.
The CHIETJUSTICE.-1 used co threats, Sir ; but stop this
instant, or I will send you there.
M r. Sergeant W m Lne.—Your Lordship may do what you please;
but 1 repeat, with the profoundest respect, that I shalt always feel ,
I bound to do my duty under any circuniatances, however un-
pleasant.
The tutor JUSTICE.I have, I think, great realest° com-
plain ; I have.always been inclined to treat the bar with kindness.
My motive seems to have been mistaken, or not fairly appreciated.
.If the practice of muttering be persisted in at the bar against the
determination of the Judge, in a tone of voice not only audible to
the Judge, but to every one in Court, I shall pursue a course that
will be extremely unpleasant to me.
Mr. Sergeant WILDE—I am SUN that observation does natap-
ply to me.
The Corer JUSTICE—YOU have (1410 e it this very day, Sir. It
is and always has been my wish, as it is my interest, that the hor-
siness of the Court should be conducted pleasantly ; but this prac.-!
um must not go
Mr. Sergeant Ni'tt.ns again tendered the bill of exceptions.
The Come Jusr tus—l will not ac.l so absurd a bill of ez-

(minions.
AI.. Sergeant Writ:oz.—l think it my duty to tender it to year
Lordship.
The elute' .Insricz—Do ro ; I will not seal so absurd a bill
of exceptions. You may bring your action upon the statute, and I
will delend it.
Mr. Sergeant WILDE—Your Lordship will at lea t plane to re.
collect that I hare tendered it.

The Cater Ju ST ICC Certainly.
The verdict which the Jury had previously given was then re-
corded. .

Mr. Sergeant WILDS haring repeated his objection subs same
al the. question put by Ma Lordship to die Jury,
The Culer JUSTICE, who had net observed that they hod
sworn is another cause, said, I will put the gumption in
Sergeant Wl;xe.—Yon moot, any Lord, they ham
Wu discharged.
The best interests' of the public rest, as we have already
said, on the independent-en/. the 13aa, and the Advocate who
manfully disdains to compromise it, des.rves alike our
gratitude and onr admiratim. It was Erskine that, is
his immortal honour, in the memorable cue of the Dram
or Sr. Arent, engrafted it for ever on the records of esew
Constitution, that upon a plea of Net Gwikth or spoil
the general issue on an indictment, or information for a
raises, the Jury had not only the power but the right to
'decide on the criminality or innocence of the paper charged
as a libel, though in opposition to the directiona of the
Judge. In doing this he struggled nobly and successfully,
'and his triumph led to the passing of the Libel Art, which
was soon afterwards brought into the House of Commune
by Mr. rox. He had to contend against the Lord Chief
Justice of that day (Lord Mansfield); and the trial of
the Dean of St.Asaph's case records his intrepid resistance
to the overbearing persistency of Judge RessEn, who had
refused to receive the verdict of the Jury, " Guilty of pub-
lishing only."
Mr. Justice But.Let—Gentlemet, if you add the word only, it,
will be tiring the kneed°, ; it will be negativing that, by
the wording, it means King of Ores* Britain; by the word
Parliament, Parliament of Great Britain ; by the letter F. It means
Farmer, and G. Gentleman : that I understand you do cot moo.
A Juror—No.
Mr. Eugenic—My Lord, I say that will have the elfeet of a
general verdict of Guilty. I desire your Lordship sitting here.
Judge to record the verdict as given by the Jury. if the Jury den
pan from the word only, they alter their verdict.
Mr. Justice Butitta—l will take the verdict as they mean W
give it; it shall lent be altered. Gentlemen, if .l understand you
la
linght, your verdict is this, you mean to say guilty of publishing this
bel
A Juror—No; the pamphlet; we do not decide upon fis Mktg
a libel.
Mr. Justice BULLER—You say he is guilt of publishing the
mphiet, and that the meankg of the in is as stated in the

A Juror—Certainly.
Mr. EasetwE—ls the word ottly to stand part of your verdict ?
A Jurur—Certaitay. s.
Mr. EilloKlNE—Then I insist it shall be recorded.
Mr. Justice Bit I.LE —Then the verdict must be otiresdieellf ;
let me understand the Jury.
Mr. liasatit E—The Jury do understand their reveal, ,
Mr. Justice Hu ei.se—rtir, I will not be intentioned.
Mr. Eites t NE—I stand here as an advocate rar• thidiew citirro.
mad I Mire that the word only may be recorded.
Illy.Justler LLER—Sit down. Sir; remember relit duty, at
I Ad' be obliged to proceed in another manner.
Mr. East txte-1 our Lordship may proceed lit wIM manner
yes think fit t I knew my duty as wdl as your Loaliddp knows
years. 1 shall not alter my conduct.

- It is for his wisdom, steadiness, and integrity in this
important cue, and in everj other which called for these
rare and high qualities, that the name of Eassius is held
in honour, and that his name will go down in glory to
posterity.
To return to the case before us, Sergeant IVt roe, as it
ap-
pears to our appr.hcnsion, was perfectly justifitd, on the part
of his client, in tendering. his exceptio4 to the question of the
Learned Judge, as having a tendency to mislead the Jury
in giving their verdict. Tlityre was nothing in this step
that should have. excited any angry feeling on the part of
Chief Justice Best. It might, perhaps, have been more
reverent in the Learned Sergeant to have bowed submir.
sively, and abandoned his point : but there are situations
in which delicacy must yield to duty; and, without wrap-
ping' up our words till we smother thrir meaning, we say
without reserve, that an Advocate would have dishonoured
the character of the English Bar who, under the same cir-
cumstances, would have shrunk from the encounter, and
hare compromised the case of his client to avert the dis-
; pleasure of the Court.

The Duchess of Gloucester and Peincfse Augusta re-
turned to town on Friday evening from Bushy, the re-
sidence of the Duke and Duchess of Clarence.

Prince Leopold honoured the l!alian Opera House withl
his presence on Saturday evening.
Yesterday the Duchess of Kent visited Prince Leopold.
On Saturday Prince Esterhrzy, the Austrian Ambas-
sador, who has lately returned from the Continent, and
Count Lieven, the Russian Ambassador, transacted busi-
ness with Mr. Szereury Canning at the Foreign Office,
Downing-street.
Mr. Canning gave a grand dinner at Gloucester Lodge,
on Saturday, to a diatiaguislied party.
Saturday morning Robert Wilmot Horton;E.g.. It.Pt,
Under Szcretary of Sae for the Colonial Department, and
a large party, embarked at the Tower for Rotterdam, to
pay their respects to his Excellency Lord Vi.count Gran-
ville. his Majesty's Ambassador at the Hague.
The body or the late King of the Sandwich Islands will
he removed this morning at five o'clock precisely, to befit.-
posited with the remains of his late Queen, until arrange-
ments are made for conveying them to the Sandwich
Islands.

During the late reacus between Chief Justice Bert and
I Mr. S.rgeant Wilde, the Learned Judge observed, that he
would not " seal so alxsurd a bill of exe.ptiens" as that
tender, dby the Couns.l. ►►'e understand, however, that
his Lordship has since signified his scattiness to seal the
rill of exceptions.
The late Baron ►Vend is supposed to have died worth
manly 300,000/., acquired by great eminence and labour
in lii.t profession, the bulk of which will devolve upon
numerous relatives, in comparatively humbler walks
of lire.

FL:NEU/U. or LORD lIVRO last solemn rites
%veto paid to the remains of Lord Byron, in the family
vault at Ilucknall Church, eight miles :rom Nottingham,
at four o'clock on Friday last. l'he funeral procession
from Nottingham, where the Is dy lay in state en Thursday
night, was the same as from ',cotton. with the addition of
the Mayor and Corporation, who followed the hearse in
full mourning. The chief mourners were the executors,
Lord P,:meliff, Worlds Leigh and Wildman. The church
' was crc-..-tled, and the utmost order and silence prevailed
on the solemn occasion. The congregation in Nottingham,
attending the precession, was immmse.
The Examiner of yest:rtlay says--" Dr. Collycr has,
it appears, drerred his action against the Lancet kr
slattier."