The Sun.
London, England, 1814-06-25 00:00:00

LORD COOiRANE.

An Officer; appeared at the Bar, with a copy of
the Record of the Trial " the King v. De Be-
reuger and others," Ordered to lie,ou the table,'
and to be printed.
Mr. BIIdADHURST moved that this Record be
taken into consideration on Friday next,—that
Lord Cochrane should attend in his place in,the
House on the.same day; and thAt his Lordship
should be brought to the nouSe in the custody of
the Marshal of the King's Winch, and that the.
Speaker
.should issue his Warrant, to cause his
Lordship to be so brought up also that a copy
of this order should be sent to Lord Cochrane.—
tie moved that Mr. Cochrane Johnstone
should be ordered to attend in his place on the
same day.
,These Motions were severally put and agreed
to, with Out. opposition.
Mr. Hoops said, that it had beer: bis :ntention

htti titO-bt, that a copy of 0-09
the trial thould be laid hei-:ore the
consulting his Majesty's Attorie,y tit(l :Soi;e4,.;
Generals as to the propriety of such nirition 31;
had been by•them informed that such' a 'ttiOtiod.
tcoold not be regular.
.this to 1-fiord Cochrane: jut on t his day ~:
received a letter from iris Lordship, prc::i
to sub:ttit, such, nibtion to the ,Honse at all
events. He there Core moved; that there shbnht
he laid before the lionse a cdpv of the itepott of
the late. Trial on the indictment before the Cot
of King's Bench;
_which Lord Cochrane watt
concerned, together with any afivklvit su,.te4
meat of his LordAiip's presented to the said
Court.

Mr, liitowstli,seconded the motion, and .isiJezi
that it had included :a toi,y of the Judge's notes
on the triin, orier•thpt the Haose
tin offortunity to come to a eonClusion itser
the subject. Without this it appeared to lain:;
.that the House would be debarred froth formint!
just jtidgment on a subject highly interesting to
itself. ,It struck him, that in al cases where the.
House was to act on. the judginent of the COurt
below, the grounds on which this jUdg'inent
was formed, ought to be ltiid before the House ;
and that this was dispe4Sed with only lily con-
sent ofthe parties' coneeflied. In the preseut
stance -this was particul4rly necessary, because
one of the parties had ail along tuveigltecf
-
against the judginent of the Court, and had-
made every effort to obtain a new trial. There
was no ti“.,,tion as to the course which the "louse
would he called
on to W-tirc“-‘l, tut' die.
'parties ; and on this account it was pectiiiarly
ue-
cessary that the House should investigate the case
itself, without being prejudiced in its priiceedihgs
by the judgmetit of the Cotter. Every effort had
been made 'by the Noble Lord to have the sen-
tence brought under, the revision of the Court ;
but this was refused on account of a technical cb-
jection. As to the supposed cvisdoni of the rule,
he would say nothing.turbher than that the Court
had intrenched itself behind it, and therefore re-
fused to revise the sentence. It therefore becanie
the flouSe to act with the utmost caution, and
to judge for itself. For his own part, he %youlti
rather sit .in the House with a.man degraded by
a sentence to stand on the pillory, than expel hini.
,on the decision of the Court below, if he thought
that decision questionable. The sentence of the
Court below had, in this case, the voice of the
nation'against it. Ile could not believe that the
Noble Lord would have done all that he had done
since his accusation, nor that he \you'd have writ-
ten the letter which the'Speaker had received
front hits, unless lie,hadbeen "innocent. He had
never in his life spoken to Lord'Coehrane, had
never been introduced to him—had-never been
. in the same room with unless in that House,
He spoke and he acted on those facts 'which were
_notorious. .

Mr. stoodADHUIIST So comtttitted to the
Rotse, that lie codld. not but say a feW words'.
He had not yet resoled to adopt that course; nor
to propose that measure to the House, xvhich
seemed to he expected after what he had already
done. If any Hon. Member had an intention .to
lake al
..2.tep .which might lead to the justitica
.lion of the persons concerned, he would be' thc
last man to oppose any obsHele to it.
HouviEs
,bad submitted the motion to the
House only in consequence of the earnest solici-
tation of Lord Cochrane, intheletter which he
had rnOttioned..
- The AyroliNEy-GENERAL tos,e to address thg
House on tile pr.eseeit occasion, tinder some very
unpleasant feelings. lie hoped that the -Not''::
Loyd, who was absent, would give hint the credi,t,
that if it was in his (tile Attoniey-General's)
_power tu'do any thing 'to ameliorate the tituatiOrt
of the Noble Lord, he would do it gladly.
tlr motion he could not agree ; for it Went to im-
pede the administration of justice, and to impeach
that sacred institution, the Trial by Jory. What
was, the House called upon to do by this motliffi
It was required that the .House should act as a
Court of Repeal ; as a Court of Error ; that it
should revise the sentence of a Cottrt•of Justice.
If this was allowed, there would be 'in) bounds
to what v.-ould be .required of the House. on
,the same principle. if ttle motion was agreed
to, could the prosecutors be justly hindered-from
re-stating their case and calling upon the Honse
to consider their evidence. This would lead to
proceedings (-)o inconvenient, and so onerous as
to startle the House. As to the
‘proceedings
the Court of Justice, he would make no obser-
vations. The House would not expect lihn;to
attempt any thing so abs.nrd or so indecorous 'to
vindicate the proceedings of a Court, of whom it
was not too witch to say, that it MIS composedof
individuals as distinguished for learning and pro-
bity as any who had ever occupied.the sane high
station: IL ‘rould o4ly say this, in answer,to
the Hon .Getitleman on the other side of the House
elr. Brown), that if there was a g-e!)erai feeling
that the sentence was unjust (for his own part he
die, not believe there was any such general
he could tally say, that it was passed by thole who
of all others in the, nation Avert!. 1116 st capable of
judging.. What the feelings of. intlivi.hodsmight
be, as to the senteneV, he knew not. And as is
its being said that the sentence o. f the C _ourt s as
complained of by one of the individuals, he W0111:I
only say, thay.he scarcely ever heard of. an;'
of-
fender, however guilty, who did not complain' of
the severity and injustice of We sentence ri,td
oil him. 'the Hons. Gentleman said, that the
CoUrt had been able tt.)- refuSe a new trial -by in-I
trenching itself within technical rules. wonl.l
have the Hon. Gentleman know, that in a British
Court •;no technical rule was made.to operate mu-
fairly against any person before it. • This had
'been particularly the case towards the Noble
Lord in queStion, 'to whom every latitude con-
sistent with, equity had been allowed.. The trial
had been brought on sooner, to the inconvaiii-
ence of the other suitors at the Court, in order
to accommodate the Noble Lord, and some of -
the others concerned,- who earnestly solicited it
of the Bench. The defendants had every_oppoi-
tunity afforded them to make their defence. They
were tried before a full Jury, and found guilty.
When the Noble Lord had appeared to move fora
new.trial, he was told that this could not be grant-
ed, as some of the other defendants, pre-conceiv-
ing the sentence, had disappeared.- On Om d,y

on which they were brought tip to receive sen-
tence, An arrest of judgment was moved, which
' was refused by the Court, as no just cause could
he shcwn. Did the Court here entrench itself be-
hind technical roles, and refuse what was eqnit-
- Able ? No. The Court allowed the Noble Lord to
state, on the day he received judgment, all that
he could hare addressed to them on the subject,
so that no case could be male out,by the affidavit
to prove that the case of the Noble Lord was dif-
ferent from that of the other detzndants.
Mr. Htiast.e.a- here interrupted the Hon. Gen-
Ilemou. If the affidavit was refused by the Court,
he thought the lion. Gentleman should not be al-
lowed to statewliat were its contents.
The ATTORNEY-GENERAL thanked the Hon.
. Ge,,tleman for his hint..
Mr. lIoRNER apologised for the interruption ;
ttavas only anxious that the case should not be
, prejudged.
'!'lle ATXORNEY-GENERAL only wished to state
'the-ground or whiel),.the affidavit was not read to
the Court. It contained the affidavit of a Servant
'who had already been examined on the trial. It
was-a rule from which the Court could not depart
'to receive the affidavit of a person who had been
• before examined on the trial. The affidavits of
Others were-offered, who might have been 'exa-
mined before the Court at the trial ; and for the
same cause they could not be received. He was
anximrs to shew the House that there had been
no shutting out of justice—no refusal of hearing
• she der, oda tits in their (1,N.711 tlebulf. They [nut
been heard to the full extent that justice required.
What was the House now called upon to do To
retry the ease. Was the House prepared to sit
in judgment. upon the verdict of a *Tory ? .On
ground of precedent and expediency, the motion.
must he rejected. .
Mr HormEa, though he agreed with the Hon.
Gentleman who spoke last in his conclusion,
- fere(' so entirely from the opinicihs,which 'he had
expressed, that he could not .content himself-
wi!l silently voting against the motion. He
di:l not mean to enter into any discussion. as to
the foundation of the rules on which the trial was
refused by the Court. lie had no doubt that the
Coort acted strictly according to the rule ; but
he could not but approve of the expression of the
Honourable Member (Mr. Brown), when he
talked of the f‘ supposed wisdom" of these rules.
And he could conceive cases in which the strict
observance of these rides might cause great in-
justice. As to the decision of the Court, he had
the most entire and unshaken confidence with re-
spect to their proceedings. 'I he House wasiquite
competeutto move for the affidavits of the Noble
But the report of the trial, by which he
understood the notes of the Judge, was a private
• document, and one which the House could not in
this case call for. The House was called upon by
the motion to exereise'an entirely new jurisdic-
tion. , The circumstances that :had been stated,
afforded the HouSe sufficient grounds to judge
for itself. The question was perfectly clear;
and if this were a case which demanded a new
tral, every other person convicted of a sitni-
lar ought to be tried over again. Even
the Askews should have a new trial, if this plea
were admitted. The douse had nothing to do
with,tlre Courts of Justice. He was fully saris-
tied with the verdict and the judgment, and lie
gave the Jury and the Court credit for them.- On I

this oecasioCi he would wish to do nothing more
than send hack to his Coustituents the person

they had elected, who would thus be afforded the
opportunity of deciding whether they had grounds
for continuing him a Member to represent them:
Mr. WYNN: was of opinion that cases. might
arise where the house ought not to be satisfied with
a verdict of the Courts below ; but this was evi-.

dently not one of that description. It at-IC:Med n
grownds for deviating from the practice idoptc
in f,rmer instances.—The question was then pu
and negatived.-