The Sun.
London, England, 1825-10-04 00:00:00

MIDDLESEX SESSIONS.

In the course of a trial on Saturday at Hick's-hall, in which
a young man of the name of Robert Neale was indicted for an
assault on Mr. Lemming, a constable of Wapping, Mr.ALLEY,
as Counsel for the prosecutor, called a witness to show that the
defendant was acting riotously when the constable interfered.
Mr. PHILLIPS rose, and objected that the particulars of this
riot had nothing to do with the question they were trying.
Mr. ALLEY (warmly).—" I say it has to do with it; I am
examining this witness to shay that my client did not interfere
without occasion ; and if I were not to prove that, we should
have you talking nonsense for half an hour about the liberty of
the subject, or some such stuff."
The evidence having been gone through,
Mr. PHILLIPS rose to reply.—" If my Learned Friend,"
he said, " had spared his harsh and unprovoked observation
until such time as he knew what nonsense I intended to talk"—

Mr. ALLEY (interrupting him, and speaking in a low tone
of voice)—" I did not mean the observation for you : I am
sorry for using the expression."
Mr. PHILLIP9.—The observation was made publicly in the
face of the Court, and I don't think therefore that I ought to
remain content with a whispered apology.
Mr. ALLEY.—Then I shall not retract my words.
Mr. PHILLIPS—I don't wish you to retract them ; I re;)eat
it, Gentlemen of the Jury, that if Mr. Alley had waited till he
had known what topics I intended to have urged in defence of
my client, he would have found that the liberty of the subject
was one that was farthest from my thoughts; and that, however
I might have been guilty of talking nonsense, certainly it would
not have been by talking of the liberty of the subject, or any
such " stuff," as my Learned Friend is pleased to call it;
though, for my part, I do not think the liberty of the subject to
he " stuff." The Learned Counsel then proceeded with the-de-
fence of his client, who in the result was convicted of the as-
sault ; but, as it appeared he had, within half an hour after-
wards, voluntarily gone to the prosecutor's house, and begged
pardon for the outrage which in the heat of passion and liquor
he had committed, the Court only sentenced him to three days'
imprisonment.
In a subsequent cause Mr. ALLEY commenced his address
to the jury with the following observations During the 40
years that I have been at the bar, I have uniformly conducted
myself with courtesy and urbanity to my juniors in, the pro-
fession, whose interests I haVe always sought to advance. I
have always thus acted towards Mr. Phillips, and I therefore
feel that his conduct towards me this day has been both un-
generous and unjust. I was willing
.at first to have allowed
that I might have spoken with rather too much warmth, but
after what has occurred, I don't think it my province to apolo-
gize. Whatever conduct Mr. Phillips may have received else-
where, or however others may have acted towards him, I have
always been forward to assist and encourage him; and whatever
store of knowledge or influence I might possess has always been
at his service ; but henceforward he may look for that assistance
elsewhere. He has taken advantage of the goodness of my na-
ture, but he shall do so no more."
Mr. PHILLIPS, in addressing the Jury shortly afterwards,
said in allusism to the aboVe, that he should not trouble them
with any reply to the observations Mr. Alley had thought fit
to make, r.s he considered they (the Jury) had something else
to do beside listening to their idle disputes.
Mr. Phillips, who was at first sitting next to Mr. Alley,
then moved to the opposite side of the bar. No further allu-
sion to the fracas was made during the remainder of the day.