The Sun.
London, England, 1838-02-14 00:00:00

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THE SUN, 1.0144_ -,,DNESDAY FEBRUARY 14, 1838.

they are now well-inFo:rned, reas•-un.ble beings, much
more easily led by their convictions than driven by
their ftars ; and much rucre like'y to do what is
bendeial to themselves and others by the influence of
knowledge than of terror. Let us then by all means have
a full and complete inquiry, and let one object of it be ex-
pressly to ascertain and prove that combinatilons of work-
men are injurious to themselves.
We must, however, own that we are not quite clear that
a Committee of the House of Commons is the best instru-
ment for prosecuting such an inqury. Being wholly com-
posed of masters, or capitalists, or persons connected with
them, and almost exclusively their representatives., the
workmen will be apt to look on it with suspicion, and will
not readily and freely communicate to it all the facts within
their knowledge. It will not command their confidence,
and will fail, whatever it may demonstrate, to carry
conviction to their minds. If they could have an
advocate to conduct their cause, to prepare and
marshal their witnesses, something might be done to
gain their confidence, and bring home to them the convic-
tions which may result from the evidence. As the Com-
mittee is sure to be instituted, and as the inquiry wil be
conducted, it cannot be expected, whatever may be the re-
sult, that it should be relied on by the workmen. The
landowner, to quote an example for illustration, would cer-
tainly not rely on :.1.2e result of an inv, stigeion into the
effect of the Corn-laws, wir;:11 should be wholly carried o:‘,
by a Committee of workmen, taken kir. Dundee and Man-
chester, with power to call before them any farmers and
landholders they pleased, and examine them in any manner
they pleased, without any check, or any advocate to plead
the cause, and bring out the case, of the landowners. They
would repudiate such a tribunal ; and though its results
should be to produce a clear demonstration, which we think
probable, that the Corn-laws are injurious to the land-
lords themselves, they would reject it with scorn, as
brc,tsght out by a partial tribunal and an incomplete
inqu-..rv, Now iLc effect on the minds of the Operatives
by the inqt;!_ry of a Comn;..ttee of the House of Commons
will be the same as the effect of 1;:: inquiry by a Com-
mittee of Operatives on the minds of the lan:_llorde. While
we, therefore, are zealous friends to inquiry, we must re-
peat, that a Committee of the House of Commons, com-
posed exclusively of those who do not represent the work-
men, and are:not of them, is not the best means of getting at
the truth, and of conveying it to the minds of the workmen.
We cannot conclude without remarking, that we are not
opposed to combinations, for all society consists of combina-
tions,
but Only to combinations to effect an improper pur-
pose.
Combinaons to obtain knowledge, to promote im-
provements, to raise 'vien in the scale of civilization, to
spread information throu;h all classes, to resist oppres-
sion of every kind, to che-
is
de-
scription, are all praise-worthy
freedom of every
:ornbinations to palm
ignorance on mankind, and to :mu ntain it—combi-
nation to keep up the price of food, anti Cut off com-
merce—combinations to enrich the landlords, though
at the expense of starving the people—combinations of any
one class to keep another class in a condition of servitude
and dependence, however high may be the authority which
sanctions them, are worthy of all condemnation. We
would have those who arc now most forward to condemn
thecombination of the workmen, reflect for one moment whe-
ther they have not set them the example, by instituting
and maintaining some of the most injurious combinations
known in history. Into them we are for inquiry, as well
as into combinations of workmen; and perhaps the suffer-
ing workmen, and the suffering capitalists, may think an
inquiry, by a Committee of themselves, into the effects of
that legislative combination, called the Corn-laws—to en-
rich one class at the expense of another—will not be now
be out of place.

The short discussion that took place in the House of
Commons last night relative to the occupation of Algiers,
ought to convince the French that no party in the House
participate in the apprehensions of danger, or in the jealousy
towards Franco on that account, which two or three Tory
Papers some weeks ago dwelt on with so much noise and
fury. We believed at the time that no such apprehensions
existed in the minds of any intelligent class of men in this
country, and that they could be put f,,rth only with a view
to excite a bad feeling between two liberal Governments,
whose intimate union tends so much to promote constitu-
tional freedom, and to check the arbitrary purposes of its
bitter enemies—the Holy Alliance. The foolish doctrines,
announced with such a mischievous purpose, were responded
to by no man of the slightest influence in either Ileum of
Parliament, and last evening they were distinctly disowned by
Radicals, Tories, and Whigs. Mr. AIAcKINxov, to his credit,
took no party view of the question ; and so far from ex-
pressing any jealousy of the French, or blaming the English
Governments for not interfering farther, expressed his be-
lief that the occupation of Algiers by the French was con-
,istent with the law of nations, and would be conducive to
civilization and the best interests of humanity. Sir SAMUEL
WHALLEY also showed sound discretion on the subject,
and the House evidently acquiesced in the views taken by
men belonging to the two extreme parties. The French,
under BOUIIMONT, were as much justified in ettacking the
place as the English were under Lord EXMOUTH ; and if
merit—for blame there can be none—attaches to one
nation more than another, the French certainly have the
best claim. At great expense and loss of life we stormed
the fortress, and exacted certain promises from the
kingly Corsair ; the Americans had to do the same ;
but other nations were still subject to his depre-
dations ; and a nest of robbers were allowed
to plunder and murder the subjects of Stites
in the Mediterranean, not able to defend themselves, and
engaged in commercial pursuits, and in friendly alliance
vitu this country. The French took the only effectual
worms of eradicating the nuisance. They did so at a great
expense ; they still keep up their establishments there at
an increasing expense, more to . the advantage of Europe
than of France ; and should they b• able to establish their
dominion along a portion of the African coast, they would,
by introducing the arts of ci,ilized life, and by creating a
demand for the productions of other countries, confer a
benefit not on France only, but on the Christian world.

The Petersfield election has been settled against the
Tories. There were tvo votes objected to, which were
immediately decided in favour of Mr. HECTOR, the pe-
titioning Candidate, who has been declared duly elected,
to the ejection of Mr, JOLIFFE. The Longford electicn,
too, if not already decided in favour of the Sitting Members,
certainly will be so to-day. Remembering the Salford case
also, we are entitled to say that the first efforts of the SPoT-
TtswoonE gang have been quite unsuccessful. They may
have, unfortunately, some hopes of succeeding in the case of
Belfast, as the Committee is composed, with one exception,
entirely of Tories. Nor can we deny that they are likely
to gain one by the new writ moved last night for Bridg-
north. Mr. HANRURY TRACEY, who was petitioned
against, accepts the Chiltern Hundreds, we understand, be-
cause he could not defend his election. The MAYOR closed
the poll in a manner that was illegal ; and though, but for this
act, Mr. TRACEY would have been legally and certainly re-
turned, he is quite unab!e to get over the illegal act of
the returning officer. He retires, therefore, from the
contest ; and it is presumed that Mr. PIGOTT Will
Sit for Bridgnorth. Yesterday was the day of election
at Elgin, and as Mr. MAULS was unopposed lie is now, no
doubt, Member for the Elgin District of Burghs.

The Paris Journa!s of Monday have all been received.
The only news they contain of the least importance, is em-
bodied in the following extract, from the private corres-
pondence of the Constillitionnel—a moderately Liberal
Journal :

buli against the Pol,sh rebels, an.l ag,aint a -bishop,who
obeyed some simple regulations of the Russian, at
~thoritres. The Pope
'7.,emand of the Russian
nowauglity! Let him leave
el:::ne,couyt.ed ordersdos(
tEombepearrorrogaaittmanerae:i.
is my subject, accused of
mhi''ghattrp,,eziascoenl: IlieisehaAllrbcehbtrisile7ll3anodiccCnedie%t-gil4' .1 if he merits it."
'This answer, the truth of which I I!tiararttr se to you, has thrown our
Cabinet into great embarrassment. It is hoped that the Emperor
Nicholas, who is to visit Bef.ln and `icon t in the spring, will perhaps
be able to persuade 11:5 father-in-law to gi' ,e way. But persons who
know the old King or Prussia are convinced. that he will not retract Isis
words cr his re,olutions.—Constitetinnal.
The English me it has net yet arrived. It was delayed yester.lay by
the snow, which had fallen during the night, it did not arrive till ha'f.
past two o'clock.—Lc Commerce.
YAP:NCH FUNDS.—PARIP, FEB. 1:2.
Five per Cents., 100 f. 35e, 4'e.
Four per Cents., 103 f. s"c.
fi,,eer.er Cents., 7t)f. Me, C',e.
Bank Actions, 2,'11.i1'. 2,700 f. 2,907 f. 50c.
fter:te tie Naples, rtsf, i Oc. 99f.
Roman Five per Cents., 1013 i %.
Spanish Actives, INN
Belylan Bank 1,51.:..f. 1,51/f. Mc.
Portuguese aim Three per Cents.
if,ytiati Loan, 385 r.
RICIIANG2 On L 0141301.1.
One malth, paper, —f. —c. ; money, 251. 4.5.
"[lace months, paper, Tit*. ; money, 2Of. Me.
LAST PRICES.
Five per Cents. RM. 4::e.
Three per Cents., 79f. Mc.
Bank Actions, 2,1197 f. 50e.
Rf:TIBIni, LOIS,
Belgian Bank, 1,517 f. 300.
Portuguese Three per Cents, 17%.
Spanish Actives, 1944,
Haytlan Les n, 3g,V.

QUEEN'S BENCH.-(THIS DAY.)

(London Sittings at Nisi Prius, before Lord DENMAN and a Common
Jury.)
BYRNE V. HARVEY, ESQ., M.P.
The ATTORNEY-GENERAL (with whom was Mr. Erie and Mr. Ranker,)
stated the case. tie was rather surprised that the present action should
be defended, and so would the Jury when he had stated the facts, which
were very fev and very simple, and scarcely admitted of any doubt. The
defend nt, who was well known to then, no doubt, by fame and repu.
taboo, was a gentleman of groat eminence and talent, Member of Par-
liament for Southwark, and was also proprietor of an Evening Paper
called the True Sun, which was conducted with very great talent and
ability. Before the beginning of the last Session of Parliament Mr.
Harvey had resolved to conduct the newspaper, with regard to Par.
Lamentary reports, on a footing which was quite new, as regarded that
paper—which was, that although being an Evening Paper, it should
have in each day's paper an account of dhe Parliamentary proceedings
down to a given hour of the evening. The papers were to go
by post that evening, and they would thus anticipate the Morn-
ing Pap.2rs for a considerable space of time in town, and by
twenty.rour hours in the country. For that purpose, before
the S23sion began, Mr. Harvey engaged reporters to enable him
to carry Ins plan into execution. He spoke to a gentleman named Knox,
who would be called before them, to engage a corps of Reporters, by
which means he might give an account of the proceedings in the House
of Lords and the House of Commons of that day, which could only
be done by extraordinary exertion, which appeared almost incredible.
Accordingly, Mr. Knox engaged, among others, the plaintiff; Mr.
Byrne, a gentleman of considerable literary acquirements, for the
Session. Mr. Harvey had, in the first instance, spoken to a gentleman
named Geary, as if he wishes{ not to enter into an absolute engagement
for the whole Session, but that he might be at liberty to give notice,
and dissolve the contract when it suited his convenience. He was told
that it was impossible to do so—that the usage was to engage Parlia-
mentary Reporters for the Session, and on no other terms could these
gentlemen be possibly procured. Mr. Harvey gave the most unlimited
lower for that purpose to Mr. Knox. He should tell them, that after
wads the engagement was entered into with Mr. B 3 rne, for the Session
at three a guineas per week ; but Mr. Harvey insisted likewise
before the Session commenced to procure some assistance iii reporting
the Courts of law in his Evening Paper of that same day, instead of
copying them from the Morning Papers of the previous day ; and
another engagement, perfectly distinct from the other, was entered into
with the plaintiff for that purpose, at two guineas a-week, the Sessional
engagement of three guineas a week being a perfectly distinct one. The
Session began, and Mr. Byrne and the other gentlemen entered upon
their duties, and it was not pretended by Mr. Harvey that they did not
do that duty in the most satisfactory manner. Things went on thus up
to the 2:lrd of December. In the meantime Mr. Harvey sold the True
Sun to Mr. Murdo Young, the proprietor of another Paper, called The
Sun. Dlr. Harvey no longer having occasion for the services of these
gentlemen, directed a letter to be written by the Editor of the True Sun
to Mr. Knox. The letter was as follows :
" DEAR SIR,—I am directed by Mr. Harvey to write word ts you,

that after Saturday next he will not require the service of either your-
self or your corps of Reporters, but will consider the engagement with
you as terminated. Ho has further fold me to say, that he waited here,
expecting to see sou, that he might tell you this personally; but as he
was unable to remain any longer, he has desired me to give this informa-
tion in writing,

" I am, &c. " JOHN DAVIS."
The letter was dated Saturday, December la. Mr. Knox stated, in
reply, that he would not receive such notice, because he had been
engaged and had engaged others for a whole Session of Parliament, and
that if Mr. Harvey had sold that paper, and had no longer occasion for
their services, he must make them some compensation. There was a
meeting with Mr. Harvey subsequently, when the matter was ex-
plained ; on which occasion Mr. Harvey made some observations which
they would hear from the witnesses ; and told them to consider the
Statute of Frauds, and whether that was not an obstacle to the demand
they made. There was no pretence for saying that that was any obstacle
to the plaintiffs' recovering—there was a contract made for the Session,
that contract was entered into, and was broken off by Mr. Harvey,
who must pay damages for the loss he had occasioned. To the
allegation In the declaration, Mr. Harvey had pleaded that
he had never entered into the contract. He allowed that Mr. Byrne
had performed his part, and he allowed that he had discharged him
if he hail ever entered into the contract. Now he (the Attorney-Ge-
neral) would prove that contrast in the most clear and satisfactory man-
ner. He would call Mr. Knox before them, who had received authority
from Mr. Harvey, and who was his agent for that purpose. He would
alto prove the fact by Mr. Geary, who was also present on one occasion,
and he would call another gentleman to whom Mr. Harvey had acknow.
:edged that such a contract had been entered into. He would first prove
Mr. Knox's authority, and then, having constituted Mr. Knox the agent
of the defendant, he had only to show that Mr. Knox had entered into
that contract with Mr. Byrne. Having done that, the rent would be
merely a question of damages. They would have to say what da-
Tr/Ages Mr. Byrne was entitled to for the breach or the contract.
At the time he had entered into the contract with Mr. Knox the
plaintiff was engaged with a Morning Paper, which engage.
men
tt engagement he still held, but no other had he been able to was perfectly consistent with his duty to the Evening Paper.
Ti
pro-
cute in place of that from which he had been dismissed by Mr. Harvey.
ela
The ie,aion having commenced. there was no chance of his obtaining
any fresh engagement. He therefore humbly apprehended that what
the jury ;
i had to determine was, whether Mr. Byrne ought not to be
full amount of his salary, at three guineasa-week, down to the
time when
'r
the Session of Parliament would probably close. That was
matter of conjecture. Of late years, lie was sorry to say, the Sessions
of parliament had been protracted and had gone on into Augus , Sep-
tember, and (in one instance) to October. He found there was very
little hope, that the good old times would return, when Parliament was
prpro,gued in the month of June. Last Session, when the death of the
late King h 0 prorogued Parliament at a tolerably early period, but he
found there was little chance, for many years, from the great increase of
public and private business, that the eession Would terminate before the
month of August. If they would take into p..nsideration, the probable
duration of the session,— the number of weeks it consisted of, multiplied
by three, would give, in guineas, what was the amount of damages Plain-
tiff wee entitled to recover.

Mr. Robert Knox was then called and examined by the Arrentesev.
G EN RRAL.—lie was in employment as a Parliamentary Reporter. He
had had a conversation with the defendant, Mr Harvey, whom he knew
to be the proprietor of the True Still, from conversations he had had
with titra. In the month of October, he had seen Mr. Ilarvey at the
True Sun office, and had a conversation with him with reference to
the engagement of a parliamentary c..rps of Reporters, for the True
Sun neaepaper. Mr Harvey stated, that he was most anxious
to pesh the True Sun, by snaking strenuous exertions, and
had asked the witness if he thoueht that lengthened and well
reported geconnti of the proceedings of Parliament would con.
tribute to that end, lje then then asked if witness thought that such
a corps could be procured, acid the reply was, that there winlid he some
ditticulty--that the Session of Parliament was just commencing, and
that it would be an arduous task to compete with The Sias newspaper,
from its well known, correct, and lengthened Parliamentary reporting.
iliet the only means of attaining that object would be by the engage-
ment of a crape of gentlemen connected with the morning papers. Mr.
ey then asked what the prep ble expense would be, and witness
it'with M
what r.
~
stated that he would call upon M. Gegry, and consult with him as to
what would be the probable expense. Witness again saw the defen-
datt it Geary, and
the ndgacvneatrhgee
o a f later
to
corpslao do
fMrfe. p 0 r Harvey,ters
andan e
thes
ti.
mre
Cost of keeping of horses to carry up the copy to the True
Sun office from the House of CoMnions, Mr, Harvey considered on the
matter, and at length said, that he wished witness to form such a corps.
l Vanes: replied that he was unwilling to do so, and that lie would ra-
ther Mr. Geary would do it, as his own time was very much occupied of
Inoin.ng with other literary engagements of one kind and the other.
That he did not like to take tine trouble and responsibility upon him of
forming such a corps, when Mr. Geary might do it, who had snore time
to spare. Mr. Harvey then asked Geary to do it; at length Mr.
atrytY requested witness to do is, and he accordingly agreed to
do so. Mr. Harvey mentioned that ho was about to leave
town the next day for Manchester and the north of England.
That conversation occurred in the month of October, about a
month previous to the commencement of the Session. Witness then
said "Then, Mr. Harvey, I have your authority to engage this corps?"
and Mr. Harvey replied "Certainly." On leaving the room witness
again lest the same question to him, and Mr. Harvey replied " Cer-
Linty." The terms were fixed at three guineas a week. Witness
subsequently saw the plaintiff, Mr. Byrne, and offs red him one of those
enealements which was accepted. He asked him to take an engagement fur
the Session at three guineas a week, and also to take one of the law courts
for the early publication; witness was quite certain he engaged Mr. Byrne.
He also engaged five others, which, with one gentleman already
gig:d by Mr. Harvey, made seven. When the Session commenced they
entered upon their duties, in which witness assisted, Mr. Harvey was
aware of Mr. Byrne being one of the corps of reporters, and he was
paid as such. The letter from Mr. Davis to witness was then put in
and read, and also witness's reply as follows :—" Dear Sir,—l
have received your letter of Saturday evening, in which
you state " I am directed by Mr. Harvey to write word to you
that after Saturday next Its will not require the services either of yoer.
self, or of your corps of reporters." I must gonfass that I am not a
little astonished at this, aware as I am that Mr, Harvey knows perfectly
well that I have engaged the gentlemen referred to for the entire Ses.
sion, according to the invariable practice of the press. You will, there-
fore, be good enough to inform Mr. Harvey, that I shall neither take
nor give the intimation which he has directed you to give to me. I
am, Sir, &c. " ROBERT KNOX.
" Monday, December 18."
Witness saw Mr. Harvey afterwards on the subject at the True Suu
office, but it was understood that the conversation should be without
prejudice. At the time the engagement was made with the plaintiff,
witness was aware that he was engaged on a Morning Paper—it was
a Morning Paper corps that Mr. Harvey required. The engage-
ments with Parliamentary reporters were made either for the Session
or the year. It was very difficult, if not impracticeble, to obtain an
engagement during the Session, utiles, in case of death, or some acci.
dent of that sort.
Cross-examined by Mr. Pee-rer—The names of the gentlemen forming
the corps, were the witness, Mr. Byrne, Mr. Geary, Mr. Francis, jun.,
51r. Griffin, jun., Mr. Charles Ross, and Mr. Bee, whom Mr. Harvey
had already engaged. The duties of those gentlemen commenced aecor-
a,ne to his engagement, the first day of the Session, which witness be-
lieved was the 15th I)ec. Mr. Ross continued a reporter oil the True Sun
till about a fortnight before the Christmas holidays. Left before Mr. Davis's
fetter had been received, and witness made an engagement with Mr.
Barrow in his place. Mr Ross's engagement was riot for the Session.
Mr. Harvey had placed the responsibility upon him of having six re-
porters fur the Session; he would not have allowed a man to
go unless he
had made such an arrangement with him as would
provide for any inconvenience. Without consulting Mr. Harvey,
considers he had authority to let him go, and put another
he conss
n its his p Ace. lo Mr. Ross went at his own instance,
pea,rdso t
lie
engagement was that he should leave at the tim lie
'el witness being aware that Mr. Ross was to leave London at that
di
The House adjaurned on the •2•2 d of December; a sketch of an
taiggfreeneent was shown witness by Mr. Geary about the time that Mr.
had given them notice to leave. He was aware that the doeu-
flarvey
ment war in existence, but ke did not see it until after he had made the
enga,e,ernent with the reporters. Witness was at the time connected
with a morning paper, and always hid been. The True Sun was an
evening paper, and he believed it had existed for some years. He
had been on the London press for about four years, previously
on the
Dublin press, altogether about seven years. Witness knew
that Mr. Byrne was on tie Morning Advertiser at the time
inc R.es reporting for the True Sun. He had not a regular
engagement then, but was a supernumerary. Mr. Byrne was now one
of the parliamentary corps of the Morning Advertiser. Aster the
cessation of his connection with the True Sun, he was more conti-
nuously employed on the Morning Advertiser, but his application for
the situation was of two years' standing. Witness had brought an
action against Mr. Harvey. Before his answer to Mr. Davis's note was
written, the cores had not been convened and consulted ; he had
spoken to one or two of them, for instance, Mr. Geary,
who resided next door to him. He had written the letter
letter of his own accord, In reporting for the morning Paper a portion
of the reporter's time was passed at the office. "'There was a corps 01
ten or twelve, or fourteen, each of whom took a portion of the debate.
One of then remaining until the adjournment of the House. Each
gentleman took notes for three quarters of an hour, and went to his
office to write out, Witness received four guineas a week from the
Morning Paper with which—
Do you mean to say that you are paid four guineas a week for three
quarters of an hour each day ?--If you were aware of the nature of re-
porting, you would know that it takes six or seven hours sometimes to
write out three quarters of an hour's notes.
The Reporters were engaged on the principle of giving the debates
up to half-past six, and occasionally nine 0,0160 k. Tim reporters took
fieeerninnte turns, and by the rapid succession of the parties they were

nabled to have the matter written out in salcient time. Witness's
mgagement on the Evening Paper was compatible with his engagement
m the Morning Paper. The Editor of his paper was aware of his hay-
mg such an engagement the previous Session, and if it was inelmpatiblc
with his duties on the Morning Paper he certainly would not have
11lowed it.

Re-examined by the ATTORNET-CENERNL—If Mr Byrne had had an
engagement on a Morning paper, it would have been perfectly con-
sistent with the discharge of his duty towards Mr. Harvey. In fact it
was the great advantage of a morning corps of reporters that witness
had held out. Plaintlif had obtained nu engagement corresponding to
that'which he held on Mr. Harvey's paper. He was aware before he
had seen Mr. Harvey to make the engagement with a corps of reporter,
that Mr. Ross was about to leave town, but as he stood A 1 on the
London press, he was anxious to procure his services even for a
short time.

By a Juror—Witness had seen Mr. Harvey on the Bth of Novem.
her to ascertain if he would make any arrangement as to the Queen's
visit to the city. Mr. Ross was paid by the cashier who had the
True Sun Office, all the other reporters were paid by the cashier.
Lord DENMAN—How do you know?
Witness—l have been present when others were paid.
By a Juror—The reporters did not consider him answerable to him.
George Henry Francis, examined by Mr. Eaave—Witness was
a plied to by Mr. Harvey to superintend a corps of reporters for the firs I
Session of 1837, and acted as superintendent. Ile was again applied to be-
fore the last Session of 1837 to assist in forming a cdrps, and he informed
that he could not, but that lie would give him any assistance in his
power. At his request witness named Mr. Geary as a person who was
a good reporter. Witness observed that the salaries of last Session
were too small, and that he would do well to increase them, to which Mr.
Harvey assented. Mr. Harvey requested witness to tell Mr. Geary to
wait upon him. He had a conversation with Mr. Harvey about the
10th or 11th of November, when Mr. Harvey expressed himself sa.
tisfied with the arrangement made, and that he reposed full confidence
in Mr. Knox. Witness stated that Mr. Knox, having engaged his bro-
ther as a sessional reporter, he was desirous that he should
be engaged as an annual. Mr. Harvey replied that he would
say nothing then about annual engagements ; that Mr. Knox
had an authority of extending to sessional engagements, and that it
would be time enough to talk of annual engagements when the session
was over. Mr. Byrne had been engaged in the first cession of 1837, by
witness on Mr. Harvey's authority. A short time before the determina-
tion of that session, Mr. Harvey gave Mr. Byrne notice to quit at the
end of a week ; witness saw Mr. Harvey upon that, and told him that
Mr. Byrne's engagement was sessional. The r. suit of the conversation
was, that Mr. Harvey said that Mr. Byrne, and the rest of the gentlemen
had better remain till the end of the s,ssion, Mr. Byrne had engagements
on the Post and the Morning Advertiser.
Cross-examined by Mr. PLATT—The first Session of 1837 was from
January until the death of the King. The second Session commenced
on the 15th of November, and was now peoceeding. Witness's engage-
ment was two guineas a week and a fortnight's notice, at his own wish.
He does not know what engagement Mr. Harvey m :de with three of
the reporters, but the engagement witness made with Mr. Byrne
and Mr. Griffin was in the customary way, for the Session. Something was
said about Mr. H. wanting to give a week's notice, but Mr. Byrne was not
engaged on such terms. Witness named the persons who formed the corps
of Parliamentary reporters in the first session of 1337—tw0 of them en-
gaged by Mr. Harvey were dismissed before the close of the session—the
others remained till the close. Witness remained on the True Sun
establishment until the middle of last year, and during that time was on
a morning paper as Parliamentary reporter. The close of the session
terminated his engagement.

Re-examined by Mr. ERLE—The fortnight's notice was an express
stipulation, being quite unusual. The making of the arrangements
shewed inasmuch as it was necessary to have it written. If an engage-
ment was not made at the commencement of the session it was difficult
if not impossible to procure one.

Mr. Geary examines! by Mr. ERLE—Witiiei6 was applied to by
Mr. Francis, about the middle of October, with respect to an engage.
ment from the True Sun ; he was requested to wilt upon Mr. Harvey
He saw Mr. Harvey, who asked him in what capacity he appeared ?
Witness answered, as a Parliamentary reporter. Mr. Harvey then in-
quired as to his terms. Witness said for an evening paper he would
require 31. 31. during the Session, and 21. 2s. out. Mr. Harvey said
money would be no consideration with him—he would not care whether
he paid 21. 25., 31. 3s , 41. 45., or 51. 55., provided he could get a num-
ber of gentlemen about him, for he had some parties came to him its the
capacity of reporters whose breath nearly put him out of the
window.—(A laugh.) Mr. Harvey asked if witness knew any one whom
he could recommend to him (Mr. H.) and he immediately named Mr.
Knox as the most eligible gentleman he knew for Mr. Harvey's purposes.
Mr. Harvey desired him to send Mr. Knox to him. Witness did so,
and on the 21st of October he accompanied Mr. Knox and had an inter-
view with Mr. Harvey. Upon that occasion Mr. Knox told Mr. Har-
♦ey that he would require a corps of seven reporters, and that he would
require to pay them 31. 3s. 'I hat statement was upon a memorandum
which was given to Mr. Harvey.

The ATTORNEY-GENERAL—You have had notice to produce that
identical paper ; I now call for it.

Mr. PLArr denied that they had got any notice to produce that docu.
ment.

The ATTORNEI.OGNERAL called a witness, who proved that he served
a notice to produce the document in question last night, at half-past
eight, upon a footman, at the door of Mr. Yates, the solicitor for the
defendant.

The COURT held that this wai not suflfeient notice.

The witness's examination continued.—Mr. Knox and he made cal-
culations such as he had stated ; and on communicating them to Mr.
Harvey, he answered, " You say these things are necessary, and that
this is the probable expense." They said " Yes." Mr. Harvey said
whoever took the management of the corps was to fOrm all the engage-
ments, because he would be responsible to him (Mr. Harvey), and he
was alone to communicate to him. He offered that Mr. Knox should
have the management, which he agreed to do, upon condition that he
(witness) should take the management, if lie was necessarily out of
town. Mr. ilrsrvQy said that he was going to leave town next day. Mr.
Knox then asked him, " Do I understand that I am to engage that
number of reporters ?" Mr. Harvey answered, " Yes, certainly." Mr.
Knox again put the question, when they were leaving the room, and re-
ceived the same answer. Knox and witness then walked over to Mr.
13rytie's house, and engaged him at 31. 3s. a week, for the session of Par-
liament. Mr. Knox went to Ireland, and about a fortnight after the last in-
terview, witness waited upon Mr. Harvey, to arrange as to the disposition
of the corps in the Courts of Law. Mr. Harvey then produced a paper
to him, which he read over, and it contained a condition, that the con_
tract should be put an end to on a fortnight's notice. Witness objected
to sign the paper ; they had a good deal of conversation respecting it,
and eventually Mr. Harvey waived it; he cancelled the paper, and
added that he would not require the corp.:: to sign it.
Mr. Ptirr said they could not go further in inquiring into the con-
tents cf this paper without its production.

he COURT thought it was swearing very near—tho paper ought to
b_ produ:•ed.

Thu ATTORNEY-GENERAL prcdticA the proposed agreement, which
was read. After setting forth that the undersigned were to use their
utmost endeavours, in order to give the True Sun a pre-eminence, by
t:,eir eknistant attendance and reporting in Parliament and the Courts of
Law, it went on to say, that this agreement was to continue to the end
of the Sesssion, unless put an end to by a two week's notice.
The Witness—That 11;o-cement was proposed to him before the Sos-
slots commenced, but after the engagements had boon made. At
that time witness told Mr. Harvey that it would be better for
hint to rely upon the usage of the Press. He said he w..nted it
merely to protect himself against negligence or insufficiency ; witness
said the usages of the press would protect hint In such cases. Mr
Harvey in talced the case of Mr. Powell against the Morning Chronicle,
where the, was a verdlet against the proprietors. Witness said" Yes,
but the proprietors in that ease pleaded inattention and inebriety, and
offered evidence upon that plea. Had they been able to make out that
plea, they would have had a verdict, and very proporly." Mt, Harvey
said," Well, then, you or Mr. Km a will have no hesitation in giving
me a letter of information, describing who form the corps and the
duties they arc to perform." He also said that he never intended to re-
tain the power of dismissal in his own hands, but that he intended
that it should remain in his (witness's) or sit Mr. Knox's hand. Thee
then arranged for the disposition of the corps in the Courts of Law,
and when Parlament met they commenced reporting there, and con-
tinued to do so until the 23d of Dece.nber. It is not at all inconsistent
with the duty of a gentleman engaged for a Morning Paper to report for
an Evening Paper.

Cross-examined by Mr. PLATT—When the alleged agreement was
shown him, he did not take it away in order to show his colleagues ; he
took it away because the owning part of it contained the terms In which
Mr. Harvey wanted his letter of information to be written. At that
time witness was not aware that the True Sun was a losing concern.
He thought it was advancing; he thought that Mr. Harvey's object
was
Mr. PLATT—To make the Sun rise again.—( A laugh.)
Witness—Exactly; but he could not expect it all in a moment. He
remembered arrangements to have been made for sending the Truz
Sun into the country; it was to be sent off by an express at ten o'clock
occasionally. On the first occasion on which an express was to be sent
off the paper was not out for thirty or forty minutes after ten. He did
not know from Mr. Harvey that it was a mere experiment for a few
weeks. Witness had an action against Mr. Harvey, founded on the
same claim; Mr. Harvey, however, had given him the option of
either a sessional engagement or an annual one. The salary
was paid weekly, and he had bean paid up to the 25d of
D.Tember. All the corps were paid up to the same time.
He could not say whether Mr. Davies was present at the interview with
Mr. H. when the paper was talked about. He did not believe that he

was present when they were discussing the merits of the paper—the
alleged agreement. Mr. IL said ho had prepared tho paper, In order to
prevent any future misunderstanding, as he thought it better to reduce
the terms to writing, than trust to conversations. Witness never gave
in to Mr. H. any letter of instruction, and Mr. H. never said one
word about it in any subsequent conversation that witness had
with him. Witness did not believe that he refused the offer
of Mr. 11. to have it copied by his clerk. He dii not recolket
saying that he could make it out, and that he would take it home. lie
would ni t swear that he bad net said so, but he had no recollection of it.
Mr. Siunet examined by the ATTOIINEV-GENERAL—Was now con_
nected with the Morning Post. He was a Reporter for the True Sun
during the last session. Before the commencement of the present ses-
sion, he applied to Mr. Harvey for an engagement—it was a few
days before the commencement of the session. Mr. Harvey said that
he had left the whole business in the hands of Mr. Knox, but he believed
the corps was full, and that there was no longer any room for him,
Cross-examined—He was engaged during the whole of the last Ses-
sion for the True Sun—his engagement upon that occasion was redu,.ed
to writing.

The ATTORNEY-GENERAL said that was the plaintiff's case. There
was no necessity to call witnesses as to capacity, as it was not dtnied.
Mr. Pt ter—No, no—we make no charge of that kind.
Mr. PLATT then addressed the Jury for the defendant. It had been
stated in his Learned Friend's opening that upon the face of the plead-
ings it was admitted that Mr. Harvey had (Fschargud the piaintitf
without any cause.

The ATiouNEY.GesthitAL—No such thing.
Mr. PLATT said the Jury had as good a reoilcction t:f his Frien,i's
opening as he had himself, and he would be content to leave it in
their hands, and would state to the Jury what the case really
was they had to try. Mr. Byrne was one of the corps of Reporters
on the True Sun. It appeared that Mr. Harvey had become proprietor
of that paper in 1837, and he had imagined that if he could report up
to a later period of the day than was usual with Evening Papers that it
would be of advantage to him, Mr. Byrne was engaged, and acted as
reporter, faithfully and diligently he admitted, down to the 23d of
December, upon which day he was dismissed, having first been paid all
that was due to him. It appeared that a dispute arose upon Mr. Davies
writ,ng that letter which had been produced,
as to whether Mr. Harvey
had a right to di,miss them so summari.y. To try that right they w( re
flow aUeirbled. The action was founded upon a contract. The de-
earation went on to state that the plaintiff was ready and willing to per_
form his share of the contract; but had been dismissed without cause. The
defendant had dismissed hint, and contended for his right to do so. If
he had made an engagement such as had been stated to the Jury,
he had not per;ormed it, and, if so, most undoubtedly the plaintiff was
entitled to a vet diet; but if there was a diff'erent contract—if the plain-
tiff was engaged, to be discharged at a f rtnight's notice, then the de-
'endant would be entitled to a verdict. To prove this case, they had the
:nowt cur logs vet of *itnessu,, 4110 f them plaiutittS agaULit the came de-
fendant, upon the same cause—they came to establish a case, which, if
made out, would be exceedingly profitable for reporters.
[One of the Jury was here suddenly taken ill, and was obliged to laser
the box. Both parties agreed to go on with the elq.en v-eraainini]
Who were th* witnesses t First, there was Mr. Knox who made a
claim of the same kind—who, along with his colleagues 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 I.liit of
that trial before they went farther, when it would be easy for them to ply
Mr. Harvey his costs and give up their ictiOne.lt was perfectly clear that
they all came to establish their own claims, They had only Knox,