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

SPORTIN G INTELLIGENCE.

TATTERSALL' S—YE,lrmrtrd P.
There was a full attendandance up to nearly half-past six o'clock,
and some horses were backed for the Derby, but the amount of
business transacted barely exceeded what was done yesterday week.
Cobweb was backed at 6 to I for between two and three hundred
pounds, the odds being offered currently at the close. Grey Momus
was second favoltrite, the Nonplus colt, whose price we have
guessed at 13 to 1, having gone very much out of favour. Alemdar
and Young Rowton may be quoted at 13 to I each, outside offers,
but acither was backed outright. Bullion aid Cobham were in
some request, and about one hundred and fifty pounds were laid
out on D'Egville, without giving him any advance. Conservator
sprung a few points ; and, although we have placed Drum-major
at 50 to 1 (taken), we have reason to believe that ten points less
would have been taken had there been any layers. The outside
lot has decreased amazingly in number. Very few are mentioned.
The average prices at the finish were as follow :

THE RIDDLESWORTII.
2 to 1 on Cobweb colt—taken and afterwards offered
TIM DERBY'.
6 to 1 agst Lord Jersey's Cobweb colt—take 13 to '2
2 to 1 agst Lord G. Bentinck's Grey Momus—taken
3 to 1 agst Ld Exeter's Alemdar—take 14 to 1
3 to 1 agst Mr. Bland's Young Rowton—offered
3 to 1 agst Mr. Armitage's Nonplus colt—offered
7 to 1 agst Mr. E. Peel's The Early Bird—take 20 to 1
_ .

20 to 1 agst Ld G. Bentinek's D'Egville—taken & aft. offered
20 to 1 agst Mr. 11. Coombes's Cobham-22 to 1 taken
20 to 1 agst Captain Berkeley's Bullion-24 to 1 taken
40 to 1 agst Mr. Forth's Conservator—taken and aftw. offered
50 to 1 agst Mr. W. Edwards's Drum-major—taken
2000 to 39 agst Lord Exeter's Brother to Cactus—taken
1000 to 15 agst Mr. Bowes's Gonfalon—taken
2000 to 10 agst Lord G. Bentinok's Seth—taken
600 to 100 agst Grey Momus and Young Rowton—taken
600 to 500 on Young Rowton agst Early Bird—taken
500 to 1000 on Conservative agst Brother to Cactus—taken
THE OAKS.
8 to 1 agst Lord Suffield's Callisto—taken
9 to 1 agst Lord Jersey's Glenara—offered
9 to 1 agst Duke of Gi•afton's Unique—taken
10 to 1 agst Lord Chesterfield's Rowton's dam filly—offered
15 to 1 agst Lord Exeter's Romania—taken

LATEST BETTING AT MANCHESTER.
CIIRSTER TRADE CUP.
5 to 1 agst Mr. Mostyn's Birdlime taken
6 to 1 agst Mr. Robinson's Whaler—taken
13 to 2 agst General Yates's Sylrnn—taken
9 to 1 agst Mr. Fowler's Mersey—taken
10 to 1 agst Mr. Price's Wentworth
12 to 1 agst Mr. Fairlie's Zohrab—takon
15 to I agst Mr. Clarke's Magician
15 to 1 agst Lord Derby's Parislles
L"0 to 1 agst Mr. 13•vver's Lord Stafford
20 to 1 agst Mr. Houldsworth's Combat—taken
20 to 1 agst Mr. Barrow's Cathorina—taken
25 to 1 asst Mr. B. Collett's Conservative—taken
100 to 3 apt Captain Lamb's Chit Chat--taken freely
11(0)00
tt
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agsta s 3
t 1%11 rr.
St.G. Co
Paul'soke
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GlRachel
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EPSOM SP.RING RACES, 1838.
These races take place to-anorrow ; the entries closed on Satur-
day evening as follows
The Hunters' Stakes did not fill.

Match for 100 says. Half a mile.-41r. Balchin's b. f. by Cain,
out of Lady Belle, by Waxy Pope, 3 yrs, against Mr. Thomas's c.
by The Colonel, out of Mirandola, 4 yrs.
Sir Gilbert's Plate of 50 sous.
Lord G. Bentinck's br. r.. Seth, by Voltaire, out of Eve, 3 vrs ;
Sir G. Heathcote's Bay Hampton, I yrs ; Mr. Shephard's *Jim
Jim Crow, 4 yrs ; Mr. flalchin's b. f. by Cain, out of Lady Belle,
by Waxy Pope, 3 yrs.

made a claim of the same kind—who, along with his col-
leagues, had commenced actions against Mr. Harvey, but
it did not appear that they had yet gone farther than
serving the writ. They wanted to see the result of
that trial before they went farther, when it would be easy
for them to pay Mr. Harvey his costs and give up their
actions. It was perfectly clear that they all came
to establish their own claims. They had only Knox
Francis, and Geary, to speak to the contract, and they were
all parties who were deeply interested in its being set up.
Why was it that they had not had some reporters called who
were not connected with the case in order to prove the alleged
custom ? There were enough of newspapers in London ;
there were enough of reporters about, and surely it would
have been very easy for them to have called one gentleman
connected with the public:press, in order to prove the supposed
or pretended custom. They relied upon themselves alone,
because his Learned Friend was 'veil aware that if he had
called any such witness he would have entirely failed in his
object. Mr. Sinnet was the only gentleman who was called
unconnected with the party, and he told them most distinctly
that when he was engaged by Mr. H. the terms were reduced
to writing. Was it possible that they could believe Mr. H.—
a man of experience, a man of business—could they believe
that he would allow Mr. Knox to make any engagement that
he pleased. Was it possible that he would allow him
to make engagements with one party for the whole
Session, and with another party for a few weeks ? If
so, Mr. Knox might have engaged a corps for five years, for,
as the evidence stood, he was merely desired to engage a corps of
reporters. Could they, for a moment, suppose that he, a man
' of great experience, would enter into a contract which was to
be binding only on one party ? Mr. H. made out the con-
tract which had been produced that day, with such a flourish,
before any of the parties had put pen to paper for the True
Sun. He saw Mr. Geary, and as a man of business, he told
him he did not want to have any dispute hereafter, and ac-
cordingly he prepares a paper which he hands to that Gen-
tleman, which he says he rejected. His conduct, however,
was not very consistent with that rejection. If one of the Jury
were to propose to himself to bind a servant of his by writing,
if that servant did not approve of the terms, could they for a
moment suppose that the servant would carry away the writing.
in his pocket ? If Mr. Geary did not agree to it, why did he
carry it away ? He took it away—he kept it—he is in a
. collusion with Mr. Byrne, and hands it over to that gentleman's
attorney, who would not produce it from his bag until he was
forced, and then his Learned Friend the Attorney-General,
in his usual flourishing manner, produces it, saying he had
not the slightest objection to its being before the Court.
But he had strong objections to the production of it,
and unless his Learned Friend had been much pressed,
he never would have produced it, as he was afraid that
it would make much against his own case. His laearned
Friend said the blanks in the agreement were to be filled up
with the names of Geary and Knox. Yet at the same time he
admitted that it was be for the protection of Mr. Harvey.
What protection on earth would it hare been to Mr. Harvey
if the blanks had been filled up with their n eines, and all
power was to remain in their hands in spite of Mr. Harvey?
Had any one of them (the Jury) ever heard of any agreement
under which notice to put an end to it by sue party alone
would any of them allow a servant to be in his employment
upon an agreement under which that servant might give a
month's notice to leave, yet he, the master, should not have
power to do any thing of the kind ? It was perfectly clear
that the blanks in the document were to be filled up on the
one hand with the name of Mr. Harvey, and on the other by
one of the parties for the whole, or the whole names. Was it
fair dealing with Mr. Harvey to receive 3/. 3s. weekly, and at
the same time not to signify to him the rejection of the docu-
ment. Did not Mr. H.'s conduct show that when he gave the
notice he had an idea he had a perfect right to do so ? His
conduct from the beginning to the end, showed that he all along
thought that the parties opposed to him were entirely wrong.
They took away the paper—they never returned it—they never
saw another, and therefore Mr. H. concludes that the document
is in full force. Were the Jury, then, to suppose that they had
entered into another bargain than that which was stipulated
for ? If so Mr. Byrne was entitled to the full price of his
services, and no more. As the case stood, it was incumbent
on the plaintiff to make out the contract. He had not done so,
then defendant was entitled to a verdict. His Learned
Friend had anticipated a defence which he said that
Mr. Harvey might rely upon. He said that Mr. Har-
vey would rely on the Statute of Frauds. Where
was the proof of that? Mr. Harvey would disdain
on the plaintiff to make out the verdict. His Learned Friend
had anticipated a defence which Mr. Harvey might rely upon.
He said that Mr. Harvey would rely on the Statute of Fraud .
Wn)re was the proof of that? Mr. Harvey would disdain
such a defence ; his word was his bond ; then why Lad his
Learned Friend come forward now to insult Mr. Harvey in the
manner he had done ? It was because of the weakness of his
ease ; if a man had a good and fair case --if he had justice on
his side--if he could show that the contract was fairly entered
into he would not use invective nor insult. Mr. Harvey came
there as an honest man, indignant at such an insult. He
knew that he had never entered into the contract. Mr. Byrne
himself knew it. How did the document come into his pos-
sion ? He knew of the agreement, and it was not until Mr.
Harvey acted upon it by dismissing him that he came to deny
it. The case was then before them, and it was for them to
say whether, on the evidence of interested witnesses, they
would give a verdict against the defendant.

GENERAL 'LINTER.---This officer, who has lately
gained such distinction in Spain, is a native of Waterford, in
Ireland, and has previously been engaged in the service of the
Spanish Government, in south America. In 1812 he was
attached to a West Indian regiment doing duty in the Island
of Curacoa, distant only twenty miles from the shores of Ve-
nezuela, and to which the greater part of the Spanish settlers
emigrated at the commencement of the revolution in Caraccas•
In 1815, he obtained leave of absence, and accompanied Co-
lonel Maclean to Caraccas, where he acted as interpreter to
the embassy. The reduction of his regiment, in 1816, having
shut out every avenue to his further preferment in the British
service, he went to Caraccas, where he joined the Royalist
forces, and served with considerable success against Bolivar.
Ele returned to this country about the year 1820, where be
published a history of the civil wars in South America, and a
strong address to his countrymen against interfering in the re-
volutionary troubles of these provinces. Soon afterwards he
entered into the service in Spain, and was engaged in the civil
war of that country, occasioned by the entry of the French
army, under the Duke of Angouleme ; and, subsequently ob-
tained high rank in Spain. lie has married a Spanish lady,
by whom he has a large family.
CONFIDENCE IN MINISTERS.—We expressed our
hope last week that the address of confidence which had been
voted to Lord Melbourne at a public meeting of the inhabi-
tants of Truro, would be signed by every Reformer in the bo-
rough ; and we have now the pleasure of announcing- to the.
fiends of the liberal cause that our hope has been nearly, if
not altogether, realized.— West Briton.

(Before Chief Justice TINDAL and a Common Jury.)
assux v. nainvey, ESQ., M.P.
Mr. PLATT and Mr. CHANNELL appeared for the plaintiff,
and the defendant appeared in person.
Mr. CIIANNELL opened the pleadings. It was an action for
a breach of contract, and a sum of 421. had been paid into
Court, by the defendant, as compensation.
Mr. PLATT, who appeared for the plaintiff, said his client,
a gendeman of literary acquirements, and who had main-
tained himself principally as a reporter for newspapers, of
the proceedings in Courts of justice and Parliaments, had
been driven to bring this action against Mr. Harvey, to re-
cover compensation in damages for the breach of a contract
into which both parties had entered. The Learned Counsel
stated that in the month of October Mr. Harvey, being the
proprietor of the True Sun evening paper, was desirous of
'advancing its interests, and to acquire for it a character which
might procure for it an extensive sale, and accordingly he
convened around him a number of persons of assiduity and
talent for the purpose of assisting him in that object, among
whom was the plaintiff Mr. Knox, who was to superintend the
rest of the corps, and who was therefore in some manner re-
sponsible to the principal for the propriety of their conduct.
The engagement into which Mr. Harvey entered was to em-
ploy Mr. Knox at 31. 3s. per week for the coming Session of
Parliament. Reporters for newspapers were like performers
.at theatres, when they entered into an engagement at the
commencement of a season in one case, and the commence-
ment of a Parliamentary Session in the other. He believed
;it was the universal practice for actors to enter into an en-
gagement for the coming season at a theatre as reporters did
for the whole of the coming Session of Parliament, and
for this reason, that if before the commencement of the sea-
son he was not so fortunate as to acquire an engagement it
would be idle for him to attempt to obtain such an engage,
ment during the currency of the Session, because all the past
pers would be by that time supplied with the necessary corps:
It had been suggested that perhaps the object of Mr. Harvey,
in making the exertions he did at the commencement of,
the sessions was to induce the proprietor of The Sun (The,
Sun and True Sun being rivals at that time) to buy up the
True Sun, when it was found to be an adversary worth pur-
chasing. How that might be lie knew not, but great exer-
tions were made to raise as much as possible the character of
the paper. On the 16th Dec., while the reporters were going
on in the discharge of their duty, a letter was received from a
gentleman of the name of Davis,' addressed to the plaintiff, as
follows :—" Dear Sir,—l am desired by Mr. Harvey to inform
you that, after Saturday next, he will no longer 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 wait any longer he desired me to give you this
information in writing." It would seem that at that time,
Mr. Harvey had no further occasion for the reporters as he
had entered into an engagement with Mr. Young, the pro-
prietor of The Sun, and Mr. Young became the proprietor
of The Sun and True Sun. On the 18th of December the
plaintiff wrote an answer to that letter, stating that neither he
nor the other reporters would consider themselves dismissed,
they having been engaged for the whole of the Session. Cer-
tain communications afterwards took place between the par-
ties, but as that was to be without prejudice he would not far-
ther allude to it. The consequence was Mr. Harvey refusing
to pay anything after the 23d of Dec., and the present action
was brought. The declaration stated the contract to which
he had alluded, and that before the perfection of the contract
Mr. Harvey dismissed the plaintiff without reasonable cause.
To this Mr. Harvey had not pleaded anything by way of de-
nial, but, on the contrary, admitted the contract, and admitted
the dismissal without any reasonable cause ; but said, although
I did enter into the contract, and although I dismissed you
without reasonable cause, 42/. is all you can recover from me,
and that I will pay into Court." That was the only question
they had to try. The plaintiff was entitled to receive the
money which he would have received if Mr. Harvey had con-
tinued his engagement till the end of the Session. The Ses-
sion in all probability would not terminate till the Ist of Au-
, gu,t, so that beyond all question 421. was not sufficient. It
might be argued that Mr. Knox's time was of some value to
him, but he wished Mr. Knox could find that out. Mr. Knox
had not been able to get any other engagement up to this time,
nor would he till after the month of October next. The plain-
tiff had entered into the engagement with Mr. Harvey, because
he believed it would enable him to maintain his wife and fa-
mily with respectability during the year, but that expectation
had been blighted by the sudden notice given by Mr. Harvey.
He would call gentlemen who would prove the custom of
newspapers in engaging reporters ; he would show that Mr.
Knox had no other engagement, and that he could not have
had, because all the other papers were filled with reporters, and
when he had done that, he apprehended the jury would have
have very little difficulty in finding their verdict for the residue
of the sum due to the plaintiff. If the Session continued up to the
Ist of August that would be 221 days after the 23d of December,
which would be rather more than 31 weeks. Thirty-one weeks
at 3/. 3s. a week, would he 97/. 135., from which if they de-
ducted 42/. paid into Court, 55/. 13s. would be the sum for
which their verdict ought to be given. If he established the
facts he had stated, he knew the jury would not be sorry to
return that verdict which would do justice to the plaintiff.
Mr. George H. Francis was then called and examined.—
He said I conducted Mr. Harvey's corps of reporters for the
preceding Session. About the latter end of October, 1837,
I had a conversation with Mr. Harvey relative to a renewal of
the reporting system adopted the Session before. I said it
would not suit my convenience again to conduct the corps,
but that if I could give him any assistance I should be very
happy to do so. Mr. Harvey wished to know whether there
were any gentlemen whom I could recommend for the pur-
pose of being engaged on the paper, and I named Mr. Geary.
During that interview there was some conversation with re-
gard to The Sun newspaper, and Mr. Harvey said he wished
to have reports in a very superior style of the proceedings in
Parliament, from the opening of the House till about half-past
six
or seven o'clock, to compete with The Sun evening paper.
Mr. Harvey said he thought the salary paid during the pre-
vious Session was not enough, and he proposed paying more ;
that was on
my suggestion. The salary paid during the pre-
ceding Session was two guineas a week. I requested Mr.
Geary to call on Mr. Harvey the following day. It was Mr.
Harvey's wish I should do so. I did not accompany Mr.
Geary on that occasion. I called on Mr. Harvey a few days
afterwards, when I learned from him that he had made the en-
gagement with Mr. Geary. I also learned from Mr. Harvey
that Mr. Knox was engaged to superintend the corps of re-
porters. That was the post I had filled the preceding Session.
Mr. Knox afterwards performed the duties of superintendent
of the corps, and he exerted himself very zealously indeed.
Mr. Knox had also an engagement on a morning'paper. It is
not incompatible with the duty of a reporter for an evening
paper to be also engaged on a morning paper. Mr. Knox was
also employed at the same time as a correspondent for a country
paper. It is always usual for reporters to be engaged before
the commencement of the Session, except in very extraordi-
nary cases, and for the whole Session. It is almost impossible
to obtain regular employment as a reporter after the commenc-
ment of the Session. After Mr. Knox had ceased to act as
superintendent of Mr. Harvey's corps he did riot obtain any
engagement from an evening paper. Such an engagement he
is very unlikely to obtains to the end of the Session. Mr.
Harvey stated that the rate of payment should be three guineas
per week.
The witness was cross-examined at great length by Mr.
Harvey.
Mr. PLATT objected to any evidence as to the terms of Mr.
Francis's engagement, as the agreement had been made in
writing. The corps which witness superintended during the
previous Session had not been engaged by him, but judging
from the circumstance of some of them having been dis-
missed at a fortnight's or a week's notice, he believed they
had not been engaged by the defendant subject to dismissal
at such a notice. When witness called on defendant in Oc-
tober last, relative to the publication of some articles, he ob-
served that it was a pity, with such great editorial ability, the
paper had not the advantage of good reporting. The de-
fendant's object appeared to be to compete with The Sun
newspaper. Witness suggested the engagement of a corps of
experienced and efficient gentlemen. The suggestion about
paying them more liberally than the previous Session came
from the defendant first. Three guineas a week is the usual
pay of an evening paper reporter. The Sun reporters, he
believed, received that sum. Several gentlemen on The Sun
newspaper, receiving three guineas a week, were also engaged
on a morning paper. I know gentlemen at present on two
evening papers who are also on morning papers. One is on The
Sun, and also on the Shipping Gazette.
Mr. Harvey.—As for the Shipping Gazette, I believe it is
not much known here or any where else : but do you know
any reporter on the Times engaged also on an evening paper ?
Witness.—Not now. I knew a gentleman last year on the
Chronicle who was also on an evening paper.
The witness here, in answer to questions from Mr. Harvey,
went at some length into a statement of the duties of a morn-
ing paper reporter in reporting the proceedings in Parliament.
He believed six actions were brought against the defendant.
One attorney is employed by all. He was not aware that Mr.
Dean, the attorney, had received any guarantee for the costs.
Witness's brother had brought an actions against the defendant.
He did not know whether Mr. Knox had applied for any other
engagement.
On his re-examination witness stated that while he was on
the True Sun he had an engagement also on a morning paper,
and that was known to Mr. Harvey.
William Geary deposed that in the month of October last
lie called upon the defendant at the True Sun office, and
stated his terms. He recommended the plaintiff, Mr. Knox,
as the most eligible person to carry the defendant's wishes into
execution, as he was, in witness's opinion, a person of consi-
derable ability and talent. Mr. Knox and witness subse-
quently waited upon the defendant with an estimate of the ex-
pense of such an arrangement as defendant contemplated,
which was handed to defendant and approved of by him. He
asked witness if seven reporters were necessary, and witness

• Mr. John Dickens was a reporter on the Morning Herald,
and had known Mr. Knox for about three sears, whom he
considered to be a reporter of talent and ability. The wit-
ness corroborated the testimony of the former witnesses, as to
the difficulty of obtaining an engagement during the Session,
and that 421. was not a due compensation to the plaintiff.
Cross-examined by Mr. HARVEY—Since the passing of the
Reform Bill the Sessions had lasted to the middle of August,
in one year up to the middle of October. He should say that
the Session would not close before July. He had heard that
the Coronation was to take place this year; he did not
know whether that had been stated in the Morning Herald,
because he never read that paper, but he had heard it would
take place in June. He should say 601. would be a sufficient
compensation to the plaintiff.
_ _

Nit% James O'Keefe was now engaged as a Parliamentary
Reporter on the Morning Chronicle. He should not consider
that 421. was a sufficient compensation to the plaintiff for the
breach of contract. It was very difficult, after the Session
had commenced, to get an engagement as a Parliamentary
Reporter.

Cross-examined by Mr. HARVEY-Witness was on the
Times and The Sun at the same time. That was at the lat-
ter end of the Session of 18.36. in the Session of 1837 wit-
ness was upon the Chronicle and The Sun at the same time,
up to Easter ; and at that time left The Sun with the consent
of Mr. Young. It was understood at the Morning Chronicle
Office that in the course of the Session his engagement with
The Sun would terminate.
Mr. John Scott—l have been a Reporter on the Morning
Advertiser 24 years, and am well acquainted with the nature
of the duties of a reporter on a Morning Paper ; it is com-
patible with those duties that he should report also for an
Evening Paper. I know nothing to the contrary. 421. was
decidedly not a sufficient compensation to the plaintiff, be-
cause it is very unlikely that he will be able to get another en-
gagement on an Evening Paper before the end of the Session.
I think that nothing less than three guineas a- week would
compensate.

Cress-examined by Mr. HARVEY—Do you think an engage-
ment on a Morning Paper would interfere with the duties of a
reporter as an Evening Paper? Witness—lt might ; but I
should think it my duty, for my own sake, to have sonic ar-
rangement made.
You would make some stipulation in order to guard against
the clashing of opposite interests? Before I entered into the
engagement, I should do so, certainly. As tar as lam con-
cerned, I should, for my own sake, have a clear understand-
ing- on that point.

If, in addition to Mr. Knox's engagements in the gallery of
the House of Commons, he was also engaged to go into any
part of the country, or to meetings, would not that interfere
with his duties on the Morning Advertiser? Yes.
You have been asked whether you consider 42/. an adequate
compensation for the loss of this engagement from the 23d of
December to some indefinite period. Now, as you speak with
considerable confidence in that respect, I wish to ask on what
data you made your calculation ? The engagement having
been for the Session, I should require it to go through the
Session.
The CHIEF JUSTICE—What you say is, that in your judg-
ment he ought to recover for the whole Session. Witness—
Certainly. I would not take one farthing less.
Mr. Richard Bousfield, Mr. Suter, Mr. Dodd, and Mr.
Beard, were examined to the same effect.
This being the case for the plaintiff,
Mr. Mauve? then rose, and addressed the Jury as follows
May it please your Lordship—Gentlemen of the Jury,--I
trust the day will never come when any person, in whatever
situation, will feel it necessary to make an apology for appear-
ing in a Court of Justice, either to conduct or to defend his
owe cause. At the same time, if an individual, from whatever
motive, chooses to do so, he has no special claim either upon
the indulgence of the Judge or the attention of the Jury ; but,
Gentlemen, when an individual circumstanced like myself is
reluctantly driven to that cours,, he then has a peculiar
claim to the kind attention of the Jury, as also to the utmost
indulgence of the Court. I am not brought here to-day
under the influence of any disgusting vanity of being able to
conduct my cause better than the youngest or the feeblest of
the mane able men I see about me. I am driven to this
course by a stratagem—l hope it is a rare one—of having my
Counsel seduced from me ; and the indiv:dual who ranks
first here in experience, in knowledge, and all the refined
subtleties of his profession, has most anpropriately been taken
away from me, because a bad cause always requires the best
counsel, and he party who has the conduct of this case well
knew the advantage there would be of having a peep into the
brief of his opponent; for, viitnally, that is the case. You,
gentlemen, have heard of another cause, which was tried at
Guildhall, before Lord Denman, in the month of February last,
and upon that occasion I had the advantage of the experience,
and knowledge, and talent of Mr. Platt. As is usual in such
cases, I also had what is called a consultation with Mr Platt ;
that is, when the client goes with his attorney to the chamber
of his counsel, and ponders with the strictest confidence over the
merits and defects of his case, they discuss the best mode of
laying it before the jury as to the way they shall most promi-
nently urge the strongest parts, and by what ingenuity they will
varnish over that which may he defective. The other side have
taken from me my counsel with whom I had conferred in the man-
na I have stated; and who conducted my defence at Guild-

.at
hale, an if, gentlemen, it maybe said tire; O.IIAV-Irli. e ei
'difficulty in selecting from the many gentlemen I see .alit q.c a
4ersonin every way competent to conduct my cause,}' e knost
readily concede that, yet I n?fist take leave to say th t Uevizs not
in a cc ndition to do so with any satisfaction to uleself. hold
in my hand a brief which my solicitors had prepared, in wi:,ich
they call Mr. Platt's attention to the facts sad circumstenctla.
of this case in reference to that trial, and I produce it for
the in rpose of showing that it was my intention, as also that
of my solicitor, to retain the services of that Learned Gen-
tleman. What, then, Gentlemen, must have been net/
surprise, on hearing that Mr. Platt had gone over to •
the other side? I recollect when I was an attorney, not:
many years since, that if I, having keen concerned ihr a.
client, had afterwards, with all my acquaintance with
his case, intimately conversant with its facts and details,
gone over to the other side, as it is called, to nive
to the adversary of my client the benefit of my know-
ledge, I think the Learned Judge who sits there would tell
you in what way an attorney so acting would be dealt
with. But there are two classes of morality that heloage
to the bar—a species of ethical honour that is peculme
to themselves, and on which I make no further remark, the
for the purpose of explaining to you whence it is I am in th.
position you now see me. Gentlemen, you have also heard 0
42/. being paid into Court ; and it is to that fact, as men of
business, that I venture to call your attention. Br one of those
modern improvements in our law, it is now competent to a de.;
fendant, when an action is brought against him for what is,
termed unliquidated damages, to pay into Court that sum of
money which he in his conscience, and under the direction of
!nose wno are better judges than himself, thinks he ought tee'
pay into Court. Formerly he could not do so. A defendant:
might say—this is a very hard case upon me-1 am willing tarn,
do what's right—l am willing to pay something-1m the mem,
I make advances to my adversary, the farther he runs away'
from me. The law has met that difficulty by allowing the do-
fendant to pay into Court that which he in his judgment deems
a fair and honest compensation, and the best mode of meeting
his adversary's demand. Gentlemen, in this case it was inr-
poss Ile for me—and the evidence you have heard this day,
tells you how impossible it was for me, whatever disposition
I n:ay have had to do so—to pay any sum of money into
Court. A gentleman has told you he considers 60/. a fair
compensation, and that he founds that estimate on a belief that
Parliament will extend to the end of July. It may run into
August ; and it is thought by some even to September or Oc-
tober. If, therefore, I had paid a sum of money into Court
agreeably to his advice—they would have taken that out—
they would have chuckled over their good fortune—they wooidl
have said, " Here is an acknowledgment of the action ; so far
so good; here is the ellen-lied means by which we can keep on
the machinery of the law,
aod we will speculate on the un-
certainty
of the:law for somethinerr more." So that when I had
paid my sixty guineas into Court, we should have had a host
of reporters, like the Glasgow settee -spinners, very ready to
keep up the pretensions of' the craft—ta'eY are all here to tell
you they consider nothing like the entire e" ne-Y would satiety,
and they would have said —" Money has ranhing to do with it
—there is Mr. Knox's wounded feelings—ma when one comes
to describe the amount of personal and menu: agitation of
.:-
being dismissed from the Tine Sun office, it is inn"'ossible for ;
us, belonging to a sensitive race of men, by any vois-ar arith-
metic, to define what amount ought to have been paid into Court"
In point of fact, I might have been racking my ingenuity, and
making all sorts of inquiries as to what I should pay heto
Court, but pay what I might I could never meet the views., •
and wishes of these gentlemen; because, if I had paid threat
guineas a-week up to the end of July, we should have ge
tlemen from the gallery of the House of Commons stating
that they remembered the long hot nights of August, and'
perhaps reminding me of having reported a long and tedious
speech of my own—(a laugh); and God knows, looking at
the Reformed Parliament, people talk twice as long with
twice as little sense as before.—( Mitch laughter.) Gentle
men of the Jury, what could I do? After having expressed
my readiness to settle this matter in any way two gentlemen
would determine as referees, cot party men, but such men as .
Mr. Baldwin, of the Standard, and others, I was comp].
mented with six writs. Now really, gentlemen, supposing-.
those gentlemen had a right to compensation, and that they
could not get the defendant to listen to any fair terms, and
that they had been driven with reluctance, but most right-
fully into Court, I do ask whether it was becoming in them to
bring six actions at one and the same time, their attorney, of
course, disdaining anything like the vulgar experiment of mul-
tiplying actions to multiply costs ? But why bad they not
proposed, if a question of law was to be decided—why did theyr
not propose that one action should be tried, and that the ver
dict of one should be the verdict of all ? Because they wcr
all part of the same engagement—they were all to receive th.
same sum of money, and the same rule of law, the same me
sure of justice, and the same rule of evidence would apply*
to each. But that would not serve their purpose—six writs;
were served, and one of them came on for trial before Lord
Denman in the city of London. On that occasion I had the
~.
assistance of the Learned Gentleman now before you, and
have a recollection of the course he took on that occasione
His Lordship has been kind enough to intimate that
a reference to documents will be considered as evidence,
and that it will enable Mr. Platt to let loose the tor
rent of bis eloquence—l won't call it abuse—for eloquent
men are never abusive—(A laugh)—that he will give me
what is called a good set down, and that he will do it the
more readily and glibly because I cannot come after him.—
( Much laughter.) This is no imagination of mine, for laet--
time, as appears by Mr. Platt's brief, which I now hold in
my hand, I intended to call witnesses, and this memoran-
dum—l hardly know why it has been put into my hands and
made my evidence, when his own witness had produced it--e
last time he made it the evidence of the other party.--( Much
laughter.) Oa that occasion he said, " you need not call
any evidence—you have got such a case as must ensure
you a verdict." Why, Gentlemen, I have got the same case
ro-day.--(A laugh.) Gentlemen, on that occasion, under
his advice, I called no witnesses, and the case went to the
Jury with a full conviction that the result would have been
a verdict for the defendant instead of for the plaintiff. A Jury
of gentlemen living in the City of London, with liberal
inclinations and calculations, after bearing all the evidence,
gave a verdict for Forty-two Pounds. Now, if I had
not paid that money into Court in the present case, f
should have with great confidence appealed to the Jury with -
a firm conviction that I should hava had a better verdict than
when I had the Learned Gentleman's assistance.—(Much
laughter.) lam not here to arraign that verdict ; but I may
state that when the trial was over the Judge asked if the plain-
tiff's Counsel intended to reserve to himself the right of
moving to enlarge the damages, and the Attorney-General,
with that judgment and diseretion which justifies the high
situation which he fills, " replied " Not at all, my Lord, we s.
arc content ;" and his Lordship said, " I think you had better
be content." I have no fault to find with the gentlemen from
the Tissues, Chronicle, and Herald, who have come here to-
day to give evidence. It is conceived in the spirit of attach-
ment to the body which I have found to exist among the gen-
t emen of the learned profession, for I found that I could not
have the Resistance of any of these gentlemen around ene to
advise with in the cross-examination of witnesses—they roust '
be leaders, and not the followers of an inexperienced layman, '
and by this means they hope to maintain the profit and ad-
vancement of their body. lam not surprised at it—
&nes go hard, and there are only a few loaves and .!
fishes among all these Gallileans 1 see here.--( Lend
roars of laughter.) At the same time, Gentlemen, I ierr
not intimidated by the unenviatale position in which I am
place,,, because I know there is that sterling good sense in an
English Jury, that however the Learned Counsel may attempt
to beguile them by faseihating language, and the array of bril-
Haat sophisms, their strong native cense will rise superior to
ito influence—will get at the justice of the case, and, record
it by their verdict. It was that strong impression upon my
mind, and my high veneration for the tribunal of which you
form part, which made me so readily bow to the judgment of
the Jury, to whose decision I have already referred, and I in-
stalely instructed my attorney to pay in three other cases 421.
each into Court. With respect to two others, there are, lam
instructed, other grounds of defence, which justify my with-
holding the mon,y. Gentlemen, I call upon you to throw
around me the shield of your protection, and to vindicate by
your verdict that decision to which another Jar' has come
upon a similar else. Neve,. was any person placed in so
helpless a condition as myself, because, who are the parties in
this case? It is the boast of our law, and has often been
enforced, that no man can be a judge in his own case—that
no man can solve as a juror in his own case—that a man
cannot be a witness in Ills own ease. But a man might be
judge in his own ease, and yet not be able to trample over
trhe disinterestedness of the Jury—or if he is upon thu Jury
in his own case, he cannot prevail over those about him, edit
less can he control the tisinterested vigilance of the Bench ;
but, Gentlemen, in what way can a man stand up against
interested w:tnosses, who may swear and state what will
serve their case, and yet be aim nable to no tribune] what-
ever? You have had Mr. Geary aid Mr. Preemie examined
in this case, and Mr. Knox, the present plaintiff, was ex.
amieed in the last case, and here they are ringing the cheuges
after the thimble-rig description of the Ministry, given by
Lord Stanley, some time ago.---( Laughter.) What these -
gentlemen state may be true or may be false—it requires two
witnesses to convict a man of perjury—they may be steeped
chin-deep in perjury, and what protection have I? Mr.
Geary saw where the shoe pinched with respect to Knox,
who was liable to be called to the country, and he says there
was a special exception in his favour; and it would appear as
if, like other Commandera-in-Chief, he had a large salary,
and very little duty. To show you how I have been served,
they handed me in the list the name of Mr. Ross, who wag A
I in the rank of reporters, and three weeks afterwards, Mr.
Ross was allowed to go into the country, without any intimation
to me, and another person substituted fur him. I felt the
force of this, and, as has been stated to you, I drew up a me-
morandum of agreement of a fortnight's notice, as I had done
in the previous Session. [ Mr. Harvey here read the memo—
randum which bound the parties .to leave or be dismissed at •
a fortnight's notice, the blanhs to be filled up by the nano-ea
of the gentlemen comprising the corps, and th.: date when it
would have been sigued.li The Learned Counsel may of
course reply that this is au afterthought of 'iliac, after the
agreen eat had been entered into. But the Gentlemen of
the Jury would recollect, that Ala Geary, who was pre-
sent when the first negociation was opened with Mr.
Knox, had taken away that memorandum, which was quite
eine ecessary if eve:v thing was arranged, and which plainlY
that something had been left uneettled.--t Mr. !honey
here proceeded to reed a portion of Me. meheee to the
Jury in the former case, in eommentiog upon the memoren•
dum, in which he ilenounced the conduct of the ptaietiir and
his friends es being most unfair and unjustifiable tower& Mr.
Harvey. The reading of the passage oceaseoned much
laughter.] Is it not clear from this that Mr. Platt, it he
attempts to do away with the f of that documeht is only
ridiculing you—that like the Antinamia.ns, who consider the
Word as no rule of life for believers, so the law is no rule of
right to lawyers, and that they only laugh at those who believe
them ?

Some disewsion here took place betvrcen the Chief Justice

a ral Mr. Harvey, as to the state of tic pleadings, which the
J.earned Judge observed were now different from what they
were on the firmer trill, the contract and its breach having,
bee' • admitted in the present case. . _

Mr. li ARV eY resumed—Here are six actions brought against
rme at this moment ; one has already been tried. I eSeael'l
presume the costa in one the that has been tried, w!teh taxed,
would tee :Innis thing about AL or 604, end when you have
seen the witnesses examined here teedey,hrought down in shoala,
=A who have been examined. he ad nauseam—( Laughter)—
why, the verdict is comparatively trifling to what the
coats will be I And yet, "hat is all this for ? Why flit 20/ ,
-the d fierenee between 40/ and 60/. If I had paid ea or
60/. or 701. into Court, or anything short of three guineas a-
week, they would still have come to you and said that wee. not
sufficient. Even to-day, if you were to add a cubit to this ver-
dict, it would be no protection to me, because they would rive
ate notice of trial for somewhere else. Perhapa, as the sum-
ener advances, and the gentlemen ere disengaged, the core,
of reporters would like ecru well to eo down on a Saturday
night to Brighter,—( Laughter)—that they might be near at
hand for Lewes. There is no reason why they should not.
Such is the beautiful perfection of the law, that the plaintitr
can draw the defendant wheresoever he chooses—te any
Court—to any place. Therefore it is that I wish to impress
on your minds the extreme injustice of a proceeding of this
sort—that an individual, after be has paid into Court that
sum %hid, an intelligent Jury pronounced to be sufficient—
that he should be dragged down here on a :peculation, after
they have treeanned from him his Counsel, with a knowledge
of all the facts of his case, that they may bewile you into
some greater amount of damages. But it is said in this de-
claration that Mr. Knox is wholly unemployed. You have
had evidence to-day that he is engaged on the Morning Ad
rertiNer at four guineas a week. The declaration also states
that he has been deprived of the advantage of getting engaged
on anther evening paper. I will show you that he could
not have been so deprived, for I will show you there was no
engagement to obtain, and I will show you, moreover, that if
there had been he could not have obtained it. As his Lord-
ship has intimated that it was not convenient in the present
state of the pleadings to make any remarks on the agree-
ments or memorandum before me, I would call your at-
tention to that statement in the declaration, in which he
says he has been dismissed " without probable cause."
Now there was a sly hint given to-day, that after these
gentlemen, as singularly expert reporters, had worked
the True Sun up to noon-tide prosperity, that then it was
that I, wishing to bask in the warm influence of that pros.
perity, which was the birth of their exertions, sold the True
Sun for a profit, and am perfectly indifferent as to all these
hapless individuals, who, when the True Sun had retired,
left them like lobsters kicking on the sand when the tide had
ebbed.—( Laughter.) Now there is not the slightest truth
in this—quite the reverse. It has been stated that the True
Sun, most unfortunately for me, came into my hands in the
year 1836. Before it came into my hands something like
20,0001. or 30,000/. had been lost by that paper. I flattered
and deluded myself by the notion that I could redeem its de-
clining fortunes, and the result has been that I have added
very considerably to the original outlay; so that I should
be well pleased to give to Mr. Knox, or any of these gentle-
men, double the sum, (and I hereby engage to do so) of that
which I have received from Mr. Young, for the copy right
of this paper, if they will take on themselves the loss I have
sustained by its management. These gentlemen would main-
tain this doctrine. That if, after you have brought the
capital of your money and the capital of your mind, and all
the aids this great metropolis may supply to a paper, you
still find you cannot manage it successfully; that notwith-
standing you give the ablest and the largest reports, the
largest sheet of Paper, the greatest crowd of intelligence you
ran put into it, notwithstanding you bring to it the utmost
netiaite—whether it arises from a dislike of the politics of the
True Sun, or whatever else it may be, you still find the Paper
cannot be kept up ; but that it goes on declining until it falls
even below the horizon of despair (and the Paper was sold for
that reason, and that reason only). These gentlemen still in-
sist, that's nothing to us—you ought not to care anything about
your wife and children—you ought to keep on the Parer,
though you might be losing your 30/., or 60/., or 701. a-week
—you made an engagement, and to the letter of the bond we
will keep you. Gentlemen, that is a matter which you arc to
consider, because I maintain there was " pitchable cause"—
there was " probable cause" for the cessation of this engage-
ment, in the very nature of the circumstances by which the
Paper was extinguished. Was Ito keep around me a corps of
reporters, who might come to me every morning and say,
" Where is it you wish me to go, Sir ? Do you wish me to
go to Carlisle, or to the House of Common. ?"—(Loud
laughter.) Why, no man with the feelings of a gentleman
would wish such a thing. If I had seen Mr. Knox at
the time you have heard I waited for him, I should have
told him what I have told you to-day—l should have
said, "It is impossible to go on with this concern—all our
calculations arc blighted, and this paper must cease; it is not
a question of policy, even—it is a question of means ; and,
therefore, painful as the loss is to myself, and unpleasant as it
must be from its disappointment, I wish now to throw myself
cn your hands—whatever one man should do towards another,
I am ready to do ; but as to carrying on this paper, it is no
longer amatter of option with me." But I could not see Mr.
Knox-.._1 do not mean to make that a matter of complaint.
Though they have examined witnesses to speak to the manner
in which this paper was conducted, yet I have not insinuated
anything that could impeach the competency of these gentle-
Esen ; I have not said anything either to injure their feelings
r their future prospects. The paper fell from its own want
f resources ; and if I had seen Mr. Knox I should have told
im so, and have left it to him to say what, under the circum-
stances, I ought to do. Gentlemen, it does seem to me, there is
something extremely ungenerous, unbecoming, and unjust in
Ithis proceeding. Bringing six actions for one and the same
thing bespeaks an object which I will not describe, but which
you will readily understand. Well, then, Gentlemen, this
being the state of the case, now we come to the agreement
itself. Though his Lordship has no doubt correctly ruled
that in the present state of the pleadings we cannot go into
evidence as to the agreement, yet that agreement that has
been referred to strongly shows what my views were. You
have had evidence from their own witnesses that the practice
of the True Sun office was to engage reporters on special
terms. It was my object to do the same with respect to these
gentlemen. I did not doubt that these gentlemen would
perform their duties well ; but yet circumstances might arise
in which I might wish to part with them, and not be fettered
by such a protracted engagement. But then it is said the
paper did rise by their exertions. Quite the reverse ;
and I will tell you why. You have had it in evidence that
Mr. Knox told me in that interview with Mr. Geary, that he
was acquainted with the mode ist which great distances might
be performed with singular celerity—that he had brought up
the report of the Cumberland election, at which Sir James
Graham was a candidate, with wonderful facility ; and that
he also reported proceedings in Dublin in a manner
that superseded everyhody. I was quite pleased to
get a gentleman accustomed to this sort of rail-road
machinery. I conjectured an eclipse would come over The
Sun—that 1 should he the modern Murphy, and that the
True Sun would stand forth pre-eminently brilliant.—
(Great laughter.) But it did not even do what the sun did
that we read of in Holy Writ—it did not even stand still—it
went backwards.--( Laughter.) Among other things, the
night the Speaker was chosen I had arrangements made "down
the road," as it is termed, by which my paper was to be sen t
off at ten o'clock with railroad expedition. The papers were
to get down to Birmingham at such an hour; there they were
to be handed over to vehicles that go at the rate of thirty' miles
an hour, to Manchester and Liverpool—and they were to he
at Glasgow in one dime-ion, and Edinburgh in another. An
this was delightful to me.—( Laughter.) It readily led me to
embark rev money in the enterprise. Talk of six gentlemen,
at three guineas a-week ! why that was not half the expense.
I am almost surprised there was not a Coroner's Inquest.—
( Laughter.) By the advice of Mr. Knox I had three
or four horses, with dare-devil chaps on the backs of
term, gellopping every ten minutes from the two Houses
of Parliament to the True Sun office, and from the Truc
Sun office back egain—(Lnughter)—and I would not be
surprised if we had been the death of some old woman or
young child, and that a Coroner's inquest had been held with a
deodand fixed on the True Sun—l wish it bad been fixed on
the reporters.—( Renewed laughter.) There were men and
boys at the door ; there was a man at the Green Man at Bar-
net—there was a man at the Birmingham Railway to take the
pareels—and, in short, n scheme more perfect in its theory, or
more overthroen in its details, was perhaps never brought un-
der the consideration of a Jury.---( Loud laughter.) What
was the result ? lam not imputing blame to these gentlemen ;
I believe they went into the affair con ansore, heart and soul
—but what was the result ? There was the True Sun an hour
behind its usual time—no papers at Birmingham—no papers at
Liverpool, and in short the egg on which Mr. Knox and I hrd
been sitting with such chicken-like assiduity, became addled,
and the whole thing was completely destroyed. From that
moment till the 23rd Dec., em could never move the eclipse
from the True Sun's surface. It became darker arid darker until
the perfect day when it merged into The Seen.—(Laughter. )
Well, then teas there no "probable cause" in all this ? Did I
wantonly endeavour to get rid of these gentlemen ? No such
thing—the paper got rid of me.—( A laugh.) I could not
have kept it on if I would. These are all matters of fact anal
equitable consideration, which it is the peculiar province of' a
Jury to consider. I know that when I leave the case in your
heeds you will give the facts their duo weight. Your
verdict will no doubt be moderation compared with their
expectations. Why should this case be brought down
from London with the array of witnesses that have been
examined this day? London was the proper place for it.
It appears to me a wanton and a malignant experiment
for the purpose of enhancing costs. I will call gentlemen
before you who are perfectly disinterested, who are not re-
porters, who have not combined together for the purpose of
keeping up a class interest. And, Gentlemen, though his
Lordship has told us, that owing to the state of the plead-
ings, we cannot go into evidence upon the agreement, yet
Consider this :—suppose, for instance, the True Sun office
had been burnt down, and all the type melted, and the whole
concern dissolved—perhaps in strict law—in the strict jus-
tice of the law—those iron fangs that never allow a man to
escape, except through the agency and mercy of the Jury—
It might have been said, " True, you have been burnt up,
yet everything must be consumed before our claims can pass
away, and we are determined to enforce them. But Juries
step in—men of moral equity and justice—and they say, so
far shall the stern tide of justice flow, and no farther. You
will say, " This defendant has done all he can do—he has
bowed with reverence to the decision of a Jury, in a case tried
by the head of the law, and as a Jury gave a verdict of 42/.
he has not resisted this contract again." I call upon you to
recognize the judgment that has been pronounced, and to
maintain its integrity by your own decision. I will not !top
here—l will call witnesses to show Mr. Knox has sustained
no evil. I will show you that, as regards the Standard, they
have one reporter, and no more ; that as far as regards the