The Sun.
London, England, 1838-04-03 00:00:00

Courier, they have one or two permanent reporters; and I
gill show )00 that as regards the Globe, they have uo reporters
et all. I will show you the only remaining paper, The Sun, hod
its complete corps of reporters. The other papers move on in their
linmedlum way of giving half a column in half an hour. I
shall show you that Mr. Knox was not only not capable of
being upon The Sun newspaper, but that when he applied he
was told that he wea riot wanting. Gentlemen had heard
that the Theta :Ind Chronirie, and other leading journals,
ray their reporters five guineas vreek (with one or two ex-
neptions) for their entier services, and yet here is Mr. Knox
with four guineas a week for a morning parer, claiming three
more fer an evening paper, besides his other literary profits.
Gentlemen, I will show you that he never had three guineas
in his life, that he had only Ns., and am I now to pay him
three guineas a week, while he is, perhaps, walking the Pier
at Brighton? If so I shall send him a letter, stating that I
am about to s'art, not the Sun, but the Star, and that I shall
require his services. Surely I ought to have something out
of them, if it was only to take my own speeches in the
House of Commons.—( A laugh.) But I shall show you that
if these gentlemen had not morning engagements, I could
have at once got them employment, for one of them,
Mr. Bee wee actually employed since he left me upon The
Sun vcwtpaper. Now, Gentlemen, with respect to the do.
ration of the session, I confess, like Mr. Platt, I was sur-
prised to find the Attorney-General, with all the weight and
gravity which belonged to his station, fixing the period at the
month of August. He stated that it hid frequently gone
into September, and in one case to October; and what with
the young Queen and a new Parliament, and the number of
fresh men, who want a good deal of Parliament—( A laugh )
—if it was only to indulge them, it is likely that it will
be carried into September or October.---( Laughter.) With
all that evidence and calculation before them, the former
Jury thought 42/. quite sufficient. Now, Gentlemen, I
shall give you some historical reasons why the Parliament
is likely to be up the first week of June, and you can see
hereafter how far I am entitled to be called a Murphvite in
these matters.----( A laugh.) The co:onation is is well knoen
is a matter of great pomp and preparation, and will not be
less so on the present occasion, when Parliament will be
actually turned inside out. In 1820 when the coronation
took place his Majesty slept at the Speaker'!, and everything
within a quarter of a mile, including the sanctity and sanc-
tuary of Westminster Abbey, were devoted to the forwarding
of this great object. It appears by the volume I hold in my
hand, and your Lordship need not be alarmed for I am not
going to quote Hale or any other grave authority—it appears
by the Annual Register that the solemnity took place on the
19th July, and that Parliament was prorogued on the
11th. Now, if I am right in my estimate that the coro-
nation will take place on the 15th of June, Parliament
will be prorogued the Sd or 4th or sth. This is not
hazarding vague assertion, but I tender it as evidence,
and if a Jury, with the statement of the Attorney-General
before them, that Parliament would run into August or Sep-
tember, thought 421. sufficient, surely they were intelligent
enough to consider it amply sufficient when its termination
was so near at hand. Gentlemen of the Jury, I address these
common-place remarks to you, disclaiming all effort at effect,
but addressing myself to you as Englishmen of character; and
I hardly need remind you on your oaths (because I would
leave the matter to any one of you as readily without an oath
as with it) to step in and vindicate by your verdict that which
has been pronounced by men of equal integrity. I call upon
you to throw the shield of your protection and your power
over me—an individual who has to contend with an unhecom-
in.- anxiety to visit him with stern costs and severe verdicts ;
and' begging again to caution you against the severe assault
which will be, made upon your judgment by the Learned Gen-
tleman on the other side, but of which I stand in no awe, I
shall, after thanking you for the kindness and patience with
which you have heard me, proceed to call my witnesses.
Mr. John Davis, sub-editor of the True Sun, was then called
and examined by Mr. Harvey.—Witness was present when
defendant had a conversation with Mr. Geary. Defendant
gave Mr. Geary a memorandum which he said contained his
views with respect to the agreement, and Mr. Geary under-
teok either to write or consult with Mr. Knox on the subject.
It was his impression that after that had been done, a commu-
nication would have been made to Mr. Harvey. Witness gave
the reporters every facility, by defendant's directions, for car-
rying their objects into effect. On the first night of the Ses-
sion arrangements were made to have the Queen's speech
given in an early edition. A late edition was to be published
at ten o'clock, and arrangements were made down the road as
far as Birmingham.
Mr. PLATT objected to this lino of examination.
The CHIEF JUSTICE—Are you now going to show, Mr. Har-
vey, that the plaintiff did not conduct himself well?
Mr. Harvey—l make no charge of the kind ; but it is stated
that they were dismissed without probable cause.
The CHIEF JUSTICE—You deny don't anything the plaintiff
has said, and the sole question now is—is 421. sufficient com-
pensation ?
Mr. Murdo Young was then examined by Mr. HABIIIT.—I am the
proprietor of The Sun Evening Paper, and bare several reporters in my
service. It is their duty to attend the gallery of the House of Commons,
Courts of Law and Equity, and public meetings in London or in any
part of the country; in short, to do whatever I order in the way of bush.
rim at any time, and to go wherever I choose to send them. We give
reports of proceedings in Parliament up to a late period of the evening.
Every evening that Parliament sits we have what is termed a late edi

teat it would he impossible for Mr. Knox to attend to the duty. Even
with that restricted consent, if his services were required within these
hours Mr. Knox must have attended to the .Idrertiser.

The fallowing letterc were then put in and read :
" True Sun Office, Saturday, Dec. 16. 1937.

" Dcar B:r,—l am directed by Mr. Harvey to write word to you th:.t
after Saturday next he will not require the services either of yourself
or of your corps of reporters, but will consider the engagement with
you as terminated. He further told me to say, that he waited here in
expectation of seeing you, that he might tell you this personally, but as
he was unable to remain any longer he desired me to give you this in.
formation in writing.

" Yours truly,

"JOHN DAVIS."

" Monday, Dec. 18, 1837.

" Dear Sir,--I have received your note of Saturday evening in which
you state, lam directed by Mr. Harvey to write word to you, that
after Saturday next he will net require the services of yourself or of
your corps of reporters.'
" I must confess that I am not a little astonished at this, aware as I
am that Mr. Harvey knows perfectly well that at his instance I eng-i,ged
the gentlemen referred to for the entire Session, according to the inra.
riahle practice of the press,
" You will, therefore, be good enough to inform Mr. Harvey, that I
shall neither take nor gave the intimation he has directed you t• convey
to me.

" I am, dear Sir, faithfully yours,
" J. Davis, Esq. " ROBERT KNOX."

" Dec. 28, 1837.

" Sir,—l beg to inform you that your corps of reporters engaged by
me, met yesterday, according to your desire, and it was the opinion of
them all, that the Session of Parliament will not be over before
the middle of August, in other words, that it will last for thirty-
three weeks. It is possible that you may be under the impression that
it will be over sooner, and as the corps have no wish to require anything
unfair or unjust, they would be glad if you would favour them with
your idea of its probable duration, as otherwise they cannot inform you
of the exact amount which you will have to pay them.
" ROBERT KNOX.
" D. W. Harvey, Esq."

" Weekly True Sun Office, Dec. '29, 1837.
" Sir,—As I tan only answer your letter in the spirit of the under-
standing that preceded my cpnrcrsation with yourself, Mr. Geary, Mr.
Byrne, and Mr. Griffin, on Saturday last, viz., that it should be without
prejudice to either party, I am compelled, in the absence of this usual
assurance, to defer my answer.
" That your time and my own may be saved, I would now observe
that Mr. Young has intimated a disposition to strengthen his corps of
reporters, by availing himself of the services of the gentlemen who were
on the True Sun, and has requested me to inform him whether it be cor-
rect that either or all of them had any other engagement. With the
exception of yourself, I can give to Mr. Young no precise answer. I
shall of course regard your reply without prejudice, as being the only
footing upon which any correspondence or conversation can be held.
" I am, Sir, your's obediently,
" Robert Knox, Esq." "D. W. HARVEY."

"Jan. 2, 1838.

" Sir,—The reporters of the True Sun have had a meeting this morn-
ing, in reference to your communication of the 29th December, and
they have authori,ed me to say, that under all circumstances, and in
order that your time and theirs may be saved, it would be more advise_
able and more likely to lead to a satisfactory result, if you would direct
your solicitor to appoint an interview with Mr. Dean, solicitor, No. 13,
Gray's Inn.square, who is aware of all the circumstances, and will act
tar them. The matters will thus be easily understood and arranged.
" I am, Sir, your obedient servant,
" D. W. Harvey, Esq., M.P. " ROBERT LNOX."

"Strand, Jan. i, 1838.

" Sir,—As I feel assured the words subsequent to our conversation
on Saturday last,' are not intended to exclude an understanding, recog-
nised by all the gentlemen present, so I do not delay my reply until this
point is explained. Not, indeed, that my answer to your inquiry can be
of any value, not having the slightest knowledge of expected events to
guide my judgment ; but to speak oil haad, I should be much less
surprised if the House were ' up' in the month of May or earlier,
than to find it sitting in the middle of July. As a sporting bet, I
should be ready to give 51. for every day after the let of August, for
31. each day short of that period.
" I am, Sir, your obedient servant,
" R. Knox, Esq. " D. W. HARVEY."

The following letter was then written in reply to one addressed by
Mr. Dean, plaintiff's solicitor, to defendant :

" Strand, 3d Jan., 1838.

" Sir—lf I considered the question between Hr. Francis and the other
gentlemen who were on the True Swe as reporters, and myself, as one of
law, I should most readily give you the names of my solicitors, and
equally se abide the result of your deliberations. But viewing, as I do,
the question between us as one of feeling and gentlemanly considers.
tien, such as occasionally arises and to be dealt with as between one
man and another, each scorning exaction, I cannot comply with your
request. At the same time, lam quite willing to leave the question to
any two respectable persons connected with the press, such as Mr. An-
derson of the Morning Advertiser, Mr. Easthope of the Chronicle, or
Mr. Baldwin of the Standard; ray wish is to do what is just, and no
less, and I will resist to the uttermost what does not appear to iine to be
honest and equitable.-1 am, Sir, your obedient servant,

"D. W. HARVEY."

" Gray's Inn, Jan. 6, 1838.

" Sir,—As you do not consider the question between you and the
gentlemen who instruct me, to be one of law, I am requested to inquire
of you what question you propose to leave to the consideration of refe-
rees, and whether you will consent to Mr. Walter Henry Watts (the cc-
porter) being named as a referee with either of the gentlemen you have
named; also, whether you will be ready to enter into the usual arbitra-
tion bond or agreement.—l am, &c.

" T. DEAN."

" No. 366, Strand, Tan. 8, 1838.

" Sir,—Though I have not the pleasure of knowing Mr. Watts, yet
inquiry informs me that I can hare no objection to converse with him,
without prejudice, on behalf of the gentlemen at whose instance you
have written to me. My impression is, that we should in a few minutes
settle the matter either in conscience or for Court. I shall be happy
to see Mr. Watts any time convenient to himself.
I am, Sir, your obedient servant,
" D. W. HARVEY...

tion. We publish the proceedings in both Houses of Parliament up to
the latest moment the post leaves. I frequently send papers after the
ails, and sometimes before them.—(Laughter.) I give reports up to
he close of both Houses, when an occasion of importance warrants it.
It is not competent for a person to perform the duties of reporter for a
Morning and Evening Paper effectually. Mr. Knox was on my establish
tent last Session. There are three Evening Papers beside ay own.
There is one, I believe, now called the Shipping Gazette—it is both an
Evening and Morning Paper—it's a nondescript.—(Laughter.) I be-
)ieve the other Evening Papers do not employ more than one reporter.
No Evening Paper professes to give late reports of the proceedings in
arliament in the manner of The Son—they could not do it. Mr. Knox
applied to me at the commencement of the present Session, and I told
him my arrangements were made. Mr. Knox, when in my employment,
received 30s. a week. When he applied to me at the commencement of
the present Session, it was understood he offered his services at the same
salary.
By Mr. PLarr.—He did not mention the salary.
Ey Mr. Heaver.—l did not want him—l told him my arrangements
were made. Had I wanted him and employed him, I should not have
given him a larger salary, because he would not have had to remain
longer at the House than half-past six or a quarter to seven o'clock
in the evening. If I had wanted a reporter, I might or might Mr. PLAIT then replied—He quite concurred in the sentiment with
not have engaged Mr. Knox ; but I would not have paid him which the Hon. Member for Southwork began his address. He trusted
more than three guineas a-week. Probably I might have paid hint the day would never arrive when any Englishman would have to make
three guineas a-week ; but that would only have been on the under_ an apology for either advocating or defending his own cause. The des
standing, that he should do the same duties as the ether Reporters. fendant had a right to do so, and if he was so fortunate as to possess the
1 have purchased the copyright of the True Sun. When I was nego_ talent which had been exhilaited that day, he was riot sure that the old
elating for it, the defendant told me what he would part with it tor. adage, that " a man who was his own counsel had a fool for his client"
What did he state to you ? would apply to him the defendant. The defendant was not the inex-
Mr. Ptsrr—l don't know whether we are to have the whole of this
conversation with Mr. Harvey ? perienced person he had represented himself to be. He had been a
member of another branch of their profession, and he believed had con-
Chief Justice Trines—l suppose you were going to ask him whether ducted himself with great astuteness, and was well known at that lime
it was going on prosperously or not ? as being a very clever person ; therefore the Jury were not to take for
Mr. Ha avev_The two papers were considered rival papers, my Lord, granted that he had no experience in Courts of Justice, which might
Witness—l did not consider the Ten, Son much of a rival.—(Laugh_ assist him in his address, or that he was without a knowledge of these
ter.) By Mr. Harvey— I usderstood the True g" was not in a very matters. The Hon. Gentleman had brought him rather more prorni-
flattering condition, and I was not sorry for it. In a conversation I nently forward than he had wished ; but as his name had been men-
had with Mr. Harvey, %shun neguciating for the True Sun, Mr. Harvey tinned, it was but fair they should understand how it happened that Mr.
turd me the Reporters were subject to a fortnight's notice. Platt might be at Guildhall an advocate for Mr. Harvey one day, and at
?4r. Pharr—The witness must not state the conversation. Kingston an advocate against him on another day. Every gentleman
Chief Justice TINDAL—It cannot alter the fact, because in this decla. at the bar had a public duty to perform, and whoever brought a
ration you admit the contract with the pl.,intiff was for the Session, brief to counsel, whether the man was rich or poor, could demand the
Witness continued—The defendant has no interest in The Sun services of that counsel. If it were not so, and if they could select
newspaper. lam of opinion the present session will not last to the their clients, the bar would be a common nuisance to society, and they
end of June. I have made inquiries on that subject on my own account, would all deserve to be sent out of the country. It was true he did aP-
and that is my opinion. I have lately put on my establishment addis pear at Guildhall for Mr. Harvey. It was his duty then to endeavour to
tional hands. That arose from supplying the readers of The Sun with a persuade the jury there was no contract established as that contended
new class of intelligence—reports of proceedings before Election Cools for. The contract on that occasion was denied, and it was his duty then
mittees. I have a gentleman now on my establishment, who was to put every difficulty in the way of establishing it. But hew did that
lately on the True Sun. A person engaged en a morning paper would touch the present case ? A contract was stated on the record, and the
certainly not be in a condition to perform effectually the various duties defen.lant made no denial of the contract. The same question did not
that I require from my reporters. Having heard the evidence given arise in the present case, and yet Mr. Harvey expected the same verdict
as to compensation and so on, I consider that, under the circumstances, would be given by them that the jury at Guildhall gave. It might be
the 421. which Mr. Harvey has paid into Court is more than enough. supposed that he, by having been the Counsel of the defendant, was
Cress-examined by Mr. Platt.—witness is in the habit of engaging possessed of some of his secrets, and that these secrets would be of ad-
reporters by the year, and also conditionally. When taken on at the vantage to the present plaintiff. No one who knew him would believe
beeinning of the Session it is generally understood to be for the Ses. for one moment that anything which came to him from a private inter..
shin. The last Session terminated about the middle of August. At its view with the opposite party would And its way into the cause for the
close he had six, seven, or eight reporters in his employment. One „f benefit of that party's adversary. The case was tried at Guildhall in
them, Mr. Knox, was connected with a Morning Paper. Three others public—the controversy was well known between the two Parties, and :ii
of his reporters were engaged for a short time on the Conetitutional every thing that could be adduced which bore on the question was d
morning paper, having obtained his special permission for that purpose, brought publicly before the Jury. The defendant had been very forte_.,
They were connected with the Constitutional for two months or perhaps nate in having something like a grievance to lay before them, and he,
ten weeks. His corps now consisted of nine Parliamentary reporters, had made the most of it. Instead of employing any of his Learned
Only one of these now reported for a morning paper. He had given Friends around him, he preferred having a grievance to lay before the
2,5001. for the True Son. The ncgociation for the purchase was co,. Jury, of having employed him (Mr. Platt) on one occasion, and being
minced about the 10th or 13th of December. Mr. Harvey had spoken deprived of his services en another. He (Mr. Platt) would, however,
to him two years previously, and wanted him to purchase it. Witness rely on their good sense and discrimination, and cast away all the dust
had offered about 9001 or 1,0001., but Mr. Harvey wanted a very large and rubbish of the case, and come at once to that which was the real
sum, I found it had a circulation of 500 more than I supposed, and I question between the parties. The Hon. Member had stated that after
thought these 500 worth the difference. Might have given Mr. Knox the dispute arose, and after Mr. Knox had been dismissed, he had offered
the e guineas a week. to refer the whole of the matter, and that the return to that offer was a
Mr. HARVEY—WouId you have given him more than three guineas a service of six writs. They had heard the correspondence, and to be sure
week ? Witness—Certainly not. there was never anything more artful than the mode in which the Hon.
By Mr. fleessze— Mr. O'Keelle was on his establishment when be Member had slipped out of every direct proposition. The Learned
went to the Chronicle. He was very happy to allow Mr. O'Keeffb to Counsel then read Mr. Knox's letter of December t2B, which he
benefit himself by going to that raper, and it was with the understand- contended plainly proceeded on tile notion that the only question be..
ing that his engagement with The Sun would terminate at Easter. It
tween them was the probable duration of Parliament during which their
was expected that the business of the Session up to Christmas would be
services
would have been required. He did not know in what light the
unimportant, and witness made arrangements with one or two gentle_ Jury would view this correspondence, but Mr. Harvey in one of his
men, under that view of the case. Witness thought 4•21. ample coin-
pay ample under the circum. letters had talked about gentlemanlike feeling. What was the case
pensation. He would think a month', Sir. Harvey had sold the paper; when he had no further occasion for
stances in which the Paper was placed. the assistance of those gentlemen. Why did he not convene them
Mr. Anderson, Editor of the Morning Advertiser.—Witness had together and say, " I find this to be a losing concern ; I cannot go on
Parliamentary and other Reporters on his establishment. They were with it ; what arrangement shall we make ?" Would not that have
under his direction and management. Mr. Knox, the plaintiff', was one been fair—would not that have been gentlemanlike ? But instead of
of the Parliamentary Reporters. His duties were the same as others, doing that, a letter was written by Mr. Davis, on the 16th of December,
ntmely, to be at the call of the Editor, to attend in Parliament, and in the terms they had heard. Was that the mode in which gentlemen
at public meetings, to go journeys into the country, expressing re. ought toconduct themselves in the affairs of public life ? Mr. Harvey, in-
ports from thence, and attending important Coroner's Inquests, stead of convening them together, and explaining why it was that their
&c. Ho was not so well acquainted with Evening as with Morn., services,atter a certain time, would not be wanted, wrote that peremptory
ing Papers ; but he supposed the Reporter of an Evening letter by which six or seven gentlemen were to be dismissed, and to
paps was equally under the controul of his principal' lie should cer- lose half their income, on which they had relied to maintain themselves
tainly say, that it was not compatible or practicable for one man to die. and their families to the end of the Session of Parliament. That was
charge the duties of both papers. U Mr. Knox's services were required not the way Mr. Harvey ought to have conducted himself, and he did
between fur and halepast six, he should have rendered them, and if not think Mr. Harvey was entitled to take great credit to himself for the
not, it would have been a vitiation of his engagement. lie had made no course he had pursued on this part of the case. The Learned Counsel
objection to Mr. Knox being on the True Sun, as he was bound to per. then read the letter of the 29th December, 1837, from Mr. Harvey to
form his duties to the journal w'tness had the direction of. Witness Mr. Knox, from which he said it was clear Mr. Harvey did not
heard of the engagement after Mr. Knox had made it, at the same time adopt that fair and candid course which one gentleman ought to
Mr. Knox made no secret of it. Mr. Geary had applied on several ocs pursue towards another. Did it appear that Mr.Harv,ey had mentioned
casions to get employment nn the Advertiser, and to the best of his recol.. to Mr. Young those gentlemen whom he had dismisied wanted a eitua_
lection he had applied before the commencement of the session. Since tion ? They had had a conversation detailed to them that had taken
the commencement of the session Mr. Geary had nude application to place between Mr. Harvey and Mr. Young, in which it; appeared Mr.
him by totter. Witness had the letter at Guildhall ready to produce, Young stated to Mr. Harvey it was likely he would Met-en:se the number
but was nut aware of its bearing on the present case. The letter hail of his reporters. Even at that time Mr. Harvey might harve befriended
been destroyed among many other papers. He had not expected to these gentlemen; but it did not appear that he so much as mentioned
have heard of another trial after the first had terminated. In his the name of Mr. Knox. Then upon the 2d of Jetlinrs' there waso:n instance witness would consider 4'21. a fair remuneration, and a letter from Mr. Knox to Mr. Harvey. [The Learned Counsel read
'Quid take even less rather than come into Court, or bring another' the letter.] Could anything be more fair ? The proposition was, that
person there. the two solicitors, each being aware of all the facts of the e ass, should
Cross-examined by Mr. Phew—Witness had revived strong rn reco- *erne to some compromise. Instead of that what cla the gentleman
rnendations from Mr. Knox and others respecting Mr. Geary.He had who offered a reference, and who was served with sit twits, do just
fifteen or sixteen applications on his list. It was difticult fora Person not when the plaintiff was bringing him to a point ? Why, b • wrote the
a good reporter to get employment. He would venture to say that net letter of the sth of January, 1838. [The Learned Casuist I read the
more than one-fourth of those in his list of applications were
porters. In consequence of the praise witness had bestowed 000nd
mr et:
they
e r
were
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ea
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od
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party,
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y, wgh,ve hen
Knox, Mr. Young said, " With your permission, I shall give Line employ.the names of persons as referees to whom he would be synth. 'g to refer
meut on The Sun." Witness did not make the engagement. the matter in dispute, the nsual course was for the adversary to do tie
By Mr. D. W. flenvEY—lf Mr. Young had wanton to engage him same thing—for eneh to have an arbitrator, and fur each to ha vs the
longer than from four to half-past six o'clock witness would have said choice of nominating a third party. Accordingly when the pr •oposit,D. '
was

" No. 13, Gray's Inn, Jan. 10, 1538.

" Sir,—Your letter of the Bth instant contains no answer to amine of
the 6th; and as our correspondence hitherto has led to no other result
than that of loss of time, I have been obliged to act upon the instruc-
tions which I have received, by issuing process at the suit of Mr. Knox,
Mr. Geary, and Mr. Barrow, this being nearly the last day, to enable
them to go to trial at the sittings after Term, in case they should have to
submit their case to a Jury. I shall be obliged by your allowing the
bearer to serve the copies of the writs on you, as you have declined
giving me the name of your attorney.
" I beg to add, that this proceeding will not, on the part of the gentle-
men who instruct me, preclude any negotiation for a reference on proper
tenne.--I am, &c. " T. DEAN."