The British Press; or, Morning Literary Advertiser.
London, England, 1820-07-15 00:00:00

Ac her conviction with 'haute and sorrow to the
grave. Painful as were these considerations, let
Ilse case he clearly made out—let the guilt be proved
fly substantial testimony, by witnesses whore credi-
bility would bear the seven-4 examination without

bsioithaken, and he would not •shrink from the
tisk .(Iroing :the strictest justice. Boit the [louse
lied oo,right triersil nn him for that exercise of his
jwionsetat,wijNentt first doing every thing which it
Ras p.oosible to remove difficulties from the defence.
`"Pelt rivist or tt4 liotioitr arid justice of -the ,
vili '7The''Othmandin7 gleistos:sa of so tniot
-^ rttieflitt hire*, er
0111112ffiteytbefh',.as id tiiT distilty.or ltidivirbod 2114
tartellritaiittleirel'hifra6tA. were ittiitoitahle to the
'1 ar/hri'd tiOufeei.' or t heir in*
*"-.1.75t [i011( were derlieif.*•VFllteriiilioq, bark ever. so
Orioofrartvottli4l, v47lii.hts only,but
tqllierights Arta l!rivilegra'af .I.4iir the pica
• si.eiro ti- anif
seriministration lust to they st,
• 4lt O'r's. all litinpie ;.; none could approach them.. t
Wootd their Lortfracipm to sttiiirl
df the constitsitiosi, of the Ite(mlutioi..-t
ahem trtipi;ortrthe ilatiite of William, am( give
/her ?fit .lifficlit risi asked. 'teillship.
• ..
... • i;thAt Mist orrice„ ahitifiratar to br*siiiineri, toorlikte alit.
atillaseneasainat the ChM? hicossid be fovoishert furibiiih to •
*e treat sitvisersot. Iwo Alajesty ; 24, That the fereiltteg
shelf nos exsltide thkeasasinstain .if other wit-
Ile' cs, 'whom if rosy,ce thought arfirisalate tq call• . •
added isfrii.eViiiclentarks, spd. sat
acnidst'eonvidershle cherry,
.1" iicl
Lpitp COr,tekt„Loe joist, thist his duty was
;Mostilia
.panful he „bad eicr hero called on to
14.brtionit; but was Loynd by. that (July faithfully
.I`rit:tl.si:liirgelt towards the Itouse, the constitution,
T 'and the justice uf
,the rountry, the. ,preservation of
which war. Ili • considerable degree,. intrusted to
• - •
fits.iteepino. ll,e.was.yery.unwilling to advert to
•i; t 11a beady palmed, or to.yuktice the Report
w chi hill peen roade.ofprecealents. applicable td
• km to any precedents derived from times
"back ;heti the accused were riot allowed Coo asel
.I;i* plead for them either. tiPoli questionst of fact or
•••ol'lsv„.they might logo for nothing. ()it the other
;)livid. they were. to look at who the parties were;
em? is what Situation thry. stood. That they were
• jr.eff; oildte greatest dad. parties who could he in=
• *ieitcfllirdilcisht be matter of deep and earnest regret,
it, to be; 1;•t theorem. principles of law
were opplicoble. He was sorry to are attempt.
Ovate to set
,op ats' tinctions respecting the first
'Otifiji:et of the realm, between whom and the lowest
flare could properly be none. In the eye of jus;
'lll4 we were all equal ; and here it might be said,
. the poorest object " felt a pang as great as
bets a giant died.' Turning to the question before
their Lordships. no man could doubt hut that the
• fu#4isfeiiig die list of witnesses did give great ad-
' 'vintage to those who have to cross-examine the ac-
casing evidence, and for a reason obvious enough.
• that the credit of *a sound witness might he shaken
to pireesmight he • crushed to stoma—might he
irattered into dust and 'ashes, by. ctn.'s-examination.
His Noble and Learned Friend did not deny that;
' but when the list principles of justice were con-
cerned, they were to consider if justice was to be
trawitened with it partial mischief in a particular
• it-
atetier, rather than that a general mischief should
be spread throughout its ad 'ioration. Let their
Lordships look snore closely at the case, He was
re grumbler at the statute of ICittiam ; and if the
Noble and Leartied Lord thoitglit so, because of
the opinion which he had to otter, lie would lwg the
NiArle and Learned ,Lord to read the continent
of es great is lawyer and nit excellent a Whig
(a- meant no disrespect) as any that had ever sat
its that House. Justice Foster had said of that
stlitiste, that which he thought would not denied
by any mail of COIIIIIIOII sense, that it wrought
• great injustice at limes." The Noble and Learned
LOrd would admit so much. If the statute were

in excellent thing in itself, it was possible to make
it 'still better ; and en improvement of an excellent
thiVig most, of Course, be much more excellent. If
Vie principle of that statute were good, their Lord.
al•ins ought to do much more than they had yet
dune. He had in one part of his life been called
sr, to prosecute persons accused of high treasou ;
tits consideration io such.cases hail always been
• boar far he could discharge his duty iii relation to
the cettime, and at the tome time observe that sta-
tute. Now that statute r.rwired of hint first of all
be should not examine a single witness, how-
ever good or iieeilfril his testimony might be
• foisod, chose name had not previously heti' given
ii• the list of witti to the prisoner. But
were than that, a misifike in stir one of the
• raines, the insertion of an o, instead of an a,
the spelling of any our name. wade the evi-
• deuce of that witness inadmissihlr. In the next
place, he had to calculate and consider every pos-
sible mode of defeat, and the effect of every def. ct
In' any one of die charges, and provide a remedy
before hand. Then, if the delence were to be
toillided on the grossest amid most false testimony,
Vie, fallacy of *nicht might be known to fifty
persons in the Critirt, their knowledge would
• tie of no avail, unless they were among the list
witnesses; not one of these could be called.
-Soil he did not complain of the statute.—
Ttie- Noble and Learned Lord said, • that it
Linked a little like it. But the Noble and Learu-
eil Lord, no great as had been his experieotce of
jurisprudence. had never in the course of
1.1,▪ deities hero called onto prosecute under this
vestote. The Noble and Learned Lord possessed
•great good nature, hut had he been called on fur
• r neitormance of each duties at had been re-
,r,l of bun (the Laird Chancellor). he would
• to say the Noble and Learned Lord would
grumbled more 'limn lie had ever done. Ne-
./e,thyletiN such ass the law; dud as public
ion, will rowdy in favour of it, let it
LOrdship then reasoned upon the rearm.
Insure alleged brtwerii the proceedings of Par.
Isilient 011 a Bull of Palgull 61. d Prllultlrti, and
al:' igtaCtke 111 the Lower Courts on entitling' pro.
crest tugs, lid "'tell winch lie maintained that there
were no analogies. If so, and if the wittlum of
ages had done riothing in settle the question tinder
deliberation, lie coati! riot see bow they were to make
up their wilds to the priiiciplr propos.d toe iheii
guidance. Be would go batik to the Revnlntiou.•
otierreasorring boot the experience of that period
downwards, fie would say, that so far from that be-•I
fog the right principle for them to adopt, the less
the proceedings of that House were esiiiiiiilated
to thy practice of the Courts below, the beta
•