The Sun.
London, England, 1833-07-29 00:00:00

BREACH OF PRIVILEGE.

Mr. O'CONNELL moved that the order of the day for
calling the printer and one of the proprietors of the Times
to the bar be read.
Mr. METHUEN said he rose to move that the order
of the House be discharged. Ho could not be sospecteti
of being actuated by any personal feeling towards the Hon.
and Learned Member, and had no doubt the Hon. Member
had been guided by a sense of duty. Butihe (Mr. Methuen)
bad a duty to perform also, as a Member of that House,
to take care that it did not get into a situation of great
difficulty, whilst absolutely called upon to do so, and lie
did not think the House so called upon on this
occasion. He objected to the printer of the Times being
called to the bar of that House, when it was entirely a
personal quarrel between the lion. and Learned Gen-
tleman and the reporters, which quarrel arose out of
a private dispute, on account of something which
the Hon. and Learned Member said at a public meeting.
The complaint of the Hon. and Learned Gentleman was
strange and contradictory. The privilege of the House was,
that there should be no reports, and the complaint was
that the privilege was not violated. The complaint of the
Hon. and Learned Member was, that he was not reported
enough. There could be no doubt of the power of the
House; but though it was excellent to have a giant's
strength,' it was tyrannous to use it like a giant." The
Hon. and Learned Gentleman complained of partial
reports, hut if he (Mr. Methuen) was not misinformed,
the Honourable and Learned Gentleman had pro-
fitted more than any one else of partial reporting
and there was one paper, the T'rolee Mercury, which
never reported any speeches but those of the Learned
Gentleman. Three Dublin papers also always reported
the speeches of the Learned Gentleman, but never gave
those of the Right Hon. Secretary for the Colonies in reply.
I must sly one word, said the Hon. Member, respecting
the reporters. Human nature is frail, and I would put it
to the Hon. and Learned Gentleman himself to say whether
the statement of " deliberate falsehood" is not one which
must rouse not only the feelings of a gentleman, but of
every man. Sir, I have made inquiries into the character of
the gentlemen who are usually acting as reporters, and I
have reason to believe that many of them are men of
education—many brought up to the Bar ; and that there
have been many proud instances of persons having
risen to the highest eminence from that situa-
tion. There is another reason why I do think
it impolitic in the Hon. Gentleman having again brought
forward his motion. Every Member must feel the pres-
sure of public business at this time; and I think after all
the time that has been given to Irish business—(Hear,
hear)—the Hon. Gentleman least of all 'is entitled to take
up our time with his private affairs.—(Cheers.) I really
win surprised that he should have brought forward
this at this moment.—(Hear, hear.) It does ap-
pear to me to be like an act of tyranny, and there
is no gentleman within these walls upon whose
lips I have heard more of liberty than upon the Hon.
Member's.--(Hear, hear.) Now, if the Hon. Member
will give one practical proof of his liberty, by consenting
that this motion be discharged without going to a division,
he will do more to gratify the feelings of the country than
any thing he can say or do by oration. I shall not take
up more time; but I could not stand here as a Member of
this House, and allow the House to be brought into a
situation, which, I am certain, will be one of great diffi-
culty.
Mr. ROBINSON had great pleasure in seconding the
proposition, that the motion that the order of the day be
read and discharged. He was satisfied this question arose
from circumstances not at all connected with conduct in
that House ; therefore, without pretending in the slightest
degree to say the persons who had fallen under the dis-
pleasure of the Hon. Member for Dublin were right or
not, he was prepared to state, that the House would take
a roost unwise course, if it adopted the line of conduct now
proposed by the Hon. and Learned Gentleman below him.
He understood it was the intention of the Hon. and
Learned Gentleman to follow up the proceedings by
moving that the proprietors of one of the newspapers
should be called to the bar for having repeated its proceed-
ings. It was unnecessary for him to state that by a
standing order of that House it was a breach of privilege
to report the proceedings of that House ; but he
would ask the House, if they agreed to this motion,
how it could, in consistency and with regard to its
own dignity of character, not follow it up by summon.
ing to its bar all the proprietors of the news-
papers in England who were equally guilty of the same
offence. He believed that on one occasion before the
House was prelva:ied to follow the course which the
Hon. Member has recommended. In 1771, the last time
be believed a question of this sort was brought before the
House, the printers and publishers of two newspapers
were on the motion of Colonel Onslow brought to the bar;
and the consequence was that the House of Commons got
involved in a discussion which listed from the Sth of Feb.
to the 30th April before they could disintangle themselves
from the difficulties of their position.—( Hear, and
laughter.) Ilea. Members might laugh, but if they con-
sulted the debate., of that time, they would find that the dis-
cussion latul
.led to angry debate, and popular excitement
and commotion, to the ultimate imprisonment of two of
the Members of that House in the Tower, and certainly
without advancing the House in its own dignity or
character. The Hon. Member complained, not that he
had been reported, and this was one of the anomalies of
the present case, because he had not been reported. If that
was the fact, how many others had, with much better grace
to make the same complaint, and he must be excused for
stating, that, although the Hon. and Learned Gentleman
might perhaps think that his talents and position in that
House sh uhf command their notice, yet it was of equal
importance for the most humble Member of that
House, that his expressions, in reference to
his own justification and constituents, that his
sentimentd
sLsheoarunldedearss.)thoAsenyoofththeer
eG
e n givenlel n a na. - (wCehl el
Member had an equal right with the Hon. and Learned
Member to complain of occasional omissions or mistakes,
or accidental misrepresentations. He, however, c trdially
concurred with tin se Hon. Members who had stated that
not only were the reports of that House mode with won-
derful fidelity, but their general accuracy and fidelity were
quite surprising._(Cheers. ) The Hon. and Learned
Member was the last to make this complaint ; and he
implored the House not to accede to the present motion.
He begged leave to support the amendment.
Mr. O'CONNELL heard the amendment of the Hon.
Member (Mr. Methuen) with very considerable surprise,
Particularly at that part of the Honourable Gentleman's
speech, wherein he alluded to his (Mr. O'Connell's) motion
being directed against the tradesman printer. When he
commenced the controversy he had complained that the re-
pert! of the
.present Session were to his own knowledge et-!
defective, and to his knowledge also tie,ig ned ly fa Ise
and then the kindness of the lion. Member (Mr. Methuen)
induced him to applaud hitn.—(Noi no, from Mr. Me- ;

thuen.) He understood that Hon. Member had said a,
-nuch as that he was misreported.
Mr. METHUEN declared he had said no such thing.
—(Hear, hear.)
Mr. O'CONNELL had thought that was the case.
The Hon. Member had, however, said he (Mr. O'Con
nell) was connected with the Tralee paper.
Mr. METHTJEN—I declare I did not say so. I said—
but I am in the recollection of the House and will not re-
peat it.—(Hear, hear.)
Mr. O'CONNELL said he had heard the Hon. Mein-
qer say so, if the House did not. _—(Laughter.) But the
Tralee Mercury had nothing to do with it.

Mr. METHUEN observed that what he had said was,
that the Hon. and Learned Membe.-s speeches were re-
ported in that paper and none of those of his opponews.
Mr. O'CONNELL said with respect to the three
Dublin papers, only one of them had a reporter in London,
and that paper was opposed to him. As for himself, he
would be glad to see all he said published, if it
were but done fairly. The Hon. Member sail,
said truly that none spoke more in favour of liherry
than he did.—(Oh, oh.) But there was a despotism and
a tyranny exercised towards this House, and on the pa t
of Hon. Members there was a shrinking which he was
sorry to see. It was because he hated despotism that be
was determined to persevere, and he would persevere,
until the present privileges of the House were so iudi
crous, that no man would afterwards talk of the dignity
of the Hous..—(Hear, hear, hear.) When -he used
the term " designed false," it was at a pub-
lic meeting, at which reporters were present, and
might have contradicted him if they had pleased—ha
would have taken care to get them a hearing.—(Hear.)
They had all the newspapers at their command,
and might have contradicted him and assailed him in
any way they pleased. The cause of the quarrel was out
of the House, but the reporters had attacked him
by declaring—(as was stated in the Times)—
that they would not report what lie said in that House,
By the privileges of the House, no publication could take
place, except by the permission of the Speaker, nor could
any evidence of Committees of the House be published
without his permission. He (Mr. O'Connell) should be
very glad that the debates of that House should go fully
abroad, but then they should also be under the cor-
rection of the Speaker.—(Load laughter.) It w,,s
not right that reports, of which was said in
that House should bit misstated ; they ought to be correct,
if repotted at all. If papers went on publishing the busi-
ness of Parliament, and that incorrectly or falsely, the
only remedy was to prevent the reporting of any. An
Hon. Member had spoken of the infringement of the
liberty enjoyed under sufferance by the press ; he should
like to Le told of it, was necessary he should submit to
the infringement of his liberty. The King could not
control the liberty he enjoyed; nor could the House of
Lords nor the Judges control it; and he would ask the
House if it would set up this system of reporting, and esta-
blish it as a higher tribunal than that of the King,
Lords, or Commons, or the laws of the land. The
power possessed by the press at present was such as it
ought not to possess. It had been accumulated by
a monopoly of the press, arising out of excessive taxa•ion,
and to so great an extent, that it required a fortune to
establish any thing in competition. This monopoly
was now become a most domineering aristocracy, and it
was said that nothing could put it down; but he had
put his hand to the busit.ess, and he would try. The re-
porters boasted that they had succeeded in putting down
some of the greatest men the country [td produced,
that they had overcome a Member of the present
Administration—nay, that they had overcome the
Lord Chancellor himself, and they added to the list the
names of Tierney and Wyndham, the last of whom had
conciliated them by a dinner. But they should not put
him down, and that they would fled. It was said
that the time of the House had been taken up with
Ireland ; but what blessings bath the House conferred
upon her? She had rather cause to regret than appre-
ciate those attentions. He would have the House not to
be misled on this question ; but calmly to consider that it
its proceedings were not fairly reported in any paper,
that that paper was not worthy the sufferance of reporting
at all. He wanted to know who are the managers of the
Times, the reporters or the proprietors?
Colonel EVANS said, although generally acquiescing
with the Hon. Member for Dublin, yet there were some
things in which he differed from him, and this was one
of them. He thought the Learned Member undervalued
his own importance in the public eye. In placing himself
in opposition to the reporters he forgot his own past
life. It was not in the power of any set of literary gen-
tlemen to put down the Learned Gentleman. The Times
had endeavoured to prevent his return, but he had suc-
ceeded nevertheless, as had every one the Times had op-
posed since the general election. Mr. Hill, whose
election to the office of Common Sergeant in the
City of London it had advocated, had failed. Some of
the privileges of the House were obsolete. The exclusion
of strangers was a power preserved by every Member;
but this was a fitting time to consider whether that power
should not be taken away. Competition, favoured by a
reduction of the taxes on knowledge, would produce
impartial reports. It was highly- important that the sub-
stance of their proceedings should be reported to the public,
and he entreated the Hon. and Learned Gentleman to
withdraw his motion, lie had no doubt the present
affair would blow over, it being the interest of the news-
papers to give the Hon. and Learned Gentleman's speeches.
Looking to the anomalous position in which they were
placed, lie should suggest that if it were too late this ses-
sion; a Committee should be appointed next session to
examine into the matter.

Sir R. INGLIS considered that the Hon. and Learned
Gentleman had entirely mistaken the position of the House.
Hun. 'Members sat there under a fiction that no one saw
or heard them.—(Laughter.) No one of any experience

(LEFT SPEAKING.)

HO USE OF LORDS.

The Bishop of LONDON presented petitions from Co-
ventry for the abolititio❑ of slavery ; from the diocese of
Litchfield and Coventry against the Irish Church Bill ;
and from Salop on the subject of the Tithe Composition
Bill, and prayed their Lordships to reject that provision
by which the value of tithes is to be estimated by the
average of the last seven years.
Some di,cussion took place between the Duke of
BuccLEucri, Lord ROSSLY24", and others, on the second
reading being moved of a Bill for uniting several parishes
in the counties of Clackinannan and Ross, which in con-
sequence was referred to a Committee.

Mr. CHARLES GRANT and others brought up the East
India Charter Bill, the Irish and Scotch Vagrant Bill, and
some private bills.

The 111 trquis of LONDONDERRY complained that
certai❑ papers he had moved for a fortnight since, con-
nected with the foreign policy of this country, had not
yet been laid upon the table. These papers he had in-
tended to use in making a motion of which he had given
nut ice ft,rto•morrow.

Earl GREY said a few words across the t►ble to the
Noble Marquis, which were inaudible in the gallery.
Lord BROUGHAM presented a petition from St.
Mary's, Lambtth, against the Dramatic Representations
Bill.

The Earl of GLENGALL said that that measure made
a direct attack upon the prerogative of the Crown, and
directly violated many sacred rights.
The Marquis of CLANRICARDE said that lie heard
that the Bill did no such thing.
The Duke of NEWCASTLE presen•ed a petitioa from
Sir H. Lees against the Irish Church Bill, couched in his
usull violent strain of invective, and praying their Lord-
ships to reject it on the third reading. Also one to the
same effect from a place in England.

The Mtrquis of CLANRICARDE presented a petition,
signed by upwards of 100 inhabitants of London, in faivou
of the Dramatic Performances Bill.

The Duke of WELLINGTON presented a petition
from the ship tradesmen of the Thames against thy fast
India Bill. The Nohle Duke ,aid the esiretipment, it
carried into ffect, would take from the City a capital of
forty millions, which usually had been employed in that
trade, and it would totally destroy the trade of the peti-
;ionem

On the motion of Lord ELLENBOROUGH, a copy of
the correTondence between the East India Company and
the Boatd of Commissioners relative to the cessey,;;;Jl of
trade, was ordered to be laid on the tab'Q.
Lord WHARNCLIFFE wiehed to what powers
were to be given to the Commissioners who were ap-
pointed to imioire into municipal corporations. finks,
they were much restricted, their inquiths might bvevy
p.ejui ltei II to the interests of 1 w
Ipurai.ons woo ere ti•s
puting their titles to estates.

The—Earl of .WINCHELSEA rose to craveda
indulgence of the House for a few minutes. He ha
followed this Bill into Commi.tee, being himself so h
to its principles, that he found he could not with any
sistency agree to its going into Committee, having
hope that any amendments that ►night be made, would
move the strong objections he had to the mea,u►•e. He
looked on the Bill as one of the most uncon,tirutional mem
sures ever brought forward. He had frankly acknowledged
the power of the Crown, with the consent of its spiritua
advisers, to propose to Parliament any measures w Melt
in their wisdom, they might think calculated to pro mot
the general welfare of the Church. But he denits
the power, and he challenged the Nob'e Earl to pr3,ltc
any authority since the Revolution of the Crown to tak
away the temporal interests ot the Church and pl tee them
at the disposal of Parliament. He would allow that there
were clauses in the Bill well worthy of the support of the
House, and every individual that wished wed to the Church,
but he felt bound to confess that he firmly believed those
clauses had been inserted with a mask, and the design of
screening those parts which struck a death blow at
the root of the Protestant Church.—(Hear, )
good order and conduct characterised the peasantry of the
farmer, anti open and daring violation tae latter. He
would pray their Lordships, therefore, not to pass a Bill
which %nettld subvert the established religion, and tend to
separate the two countries.—(Lou] cries of " Hear.)
He was glad that the 147 ch clause had huen giv,n up,
for he had understood that the surplus l-ad been I ffered to
the Catholic clergy, and that they had rafu ed it.
The Noble Earl concluded by moving that the re? in lit
received that day six months.

Earl GREY said he would not on that stage of he
Bill enter into its details. He would not have said tny
thing at all had it not been for those expr,ss nra
He looked upon the Bill as one of the most violent at, eke
that had been made upon the established religion of the
country since the days of James 11. If their Lordsti.ps
looked to those parts of Ireland where the Protestant
religion was professed, and to those parts of the country in
which the Cath. lie r,li<ion prevailed, they would see that
which had fallen from the Noble E trl relative to the 147th
clause, that the surplus bad been offered to the Catholic
clergy, and by them refused, which was tl e r. anon why it
had been withdrawn.—(Hear, hear.) His answer to
that was merely to give it a most a direct negative
and the Noble Earl might tell his informant that there
was not the slightest foundation for such a report.
The gallery was then cleared for a division—
" For bringing up the report

Against it 'lo
Majority for Ministers
LEFT SITTING.

ASSIZE INTELLIGENCE.

WESTERN CIRCUIT-ExErER, JULY 21i.

MURDER OF DR. BENNIS.

The trial of these unhappy gentlemen excited the most
intense interest in this county.
The prisoners were indicted for having aided and assisted
and been present at a duel, fought between Sir .1. .I,ffi:eitt
and Dr. Hennis, on the 10th May last, when the latter
gentleman was kill. d. They pleaded not guilty.
Mr. Sergemt MEREWETHER stated the facts of the ease.

CaptainMahar—Lived at Taunton, and was acquainted
with Sir John Jeffcott; he was a Judge at Sierra Leone;
accompanied him to Exeter, on his road to Plymouth ;
they dined at Mr. C. Milfort's ; Mr. Holland WAS of
the party ; they left Mr. Milford's at twelve, and wen.
from there to the Clarence Hotel ; witness started front
the Clarence about one o'clock, and returned to Taunton ;
did not hear Dr. Hennis's name mentioned during t.t.
whole evening.

John Corfield Irving—Lives at Pennsylvania, near this
city ; met Dr. Hennis accidentally about half-past 12 on
the morning of Friday, 10th May, near the Old London
Inn. Had a conversation with him ; called on Sir .1.
Jeffcott soon after half-past 12 ;he wits out ; went into
the Cathedral yard and saw him ; witness shook hands
with him, and congratulated him on being knighted ;
witness said he came from Dr. Hennis, upon which he
turned quickly found, and asked if he came as Dr. Hennis's
friend. In consequence of what he said, spoke to Mr.
11 ilford, who was standing close to him ; witness and Mr.
Milford then walked away from Sir John Jetrcott, and be
either read to bim nr showed him that paper, and said he
trusted it was sufficiently satisfactory to convince Sir John
Jeffcott that Dr. Hennis had never made use of the words
in the meaning imputed to him, or he trusted it was suffi-
ciently, satisfactory to induce Sir John to retract the ex.
pressions he bad made use of towards Dr. Hennis in the
morning. Mr. Milford said he was not pre,ent at the
interview between Dr. Hennis and Sir John in the morn-
ing, but during that interview Dr. Hennis had admitted
the words imputed to him ; upon which Sir John had
called him a calumniating scoundrel. Witness told Mr.
Milford he was author zed by Dr. Hennis to deny most
unequivocally his having made use of the words in the
meaning imputed to him ; on the contrary, Dr. Henrik
had taken an opportunity of asking a member of a respee.
table family if the reports circulated in Exeter were true;
the party replied they were not true, and said Sir John
had acted most honourably ; Mr. Milford said the words
used by Dr. Hennis could not have been mistaken by Mr.
Holland, and he produced a copy of a letter written by Sir
John to Dr. Hennis on the subject; it appeared worded in
a pacific and gentlemanly manner.
Jol n Labh, the post-boy at the hotel, drove Mr. Mil.
ford, Sir J. Jeffcoat, and Mr. Holland, who bad some-
thing tied up in a silk handkerchief, to the top of Ilalden„
where the gentlemen got out and went towards the rase.
ground ; they took the silk handkerchief with them, and
ordered him to go on gently; he afterwards saw another
post-chaise ; Dr. Eady came up in a gig, with his mg.
vant ; heard the report of a pivol ; Dr. Eddy and Mr.
Holland were then walking together ; Mr. Holland got up
behind the gig, and Dr. Eady drove as fast as he could t
the gentlemen ; witness drove to the spot, and found Dr.
Hennis lying on the ground ; saw Dr. Eady, Mr. Milford,
Mr. Holland, and Sir J. Jeffcott ; brought Drs. Hennis
and Eady to Exeter.

William Hucksford, servant to Dr. Early, saw all the
parties on the ground; saw them walk up to each other,
turn round, and walk away, then heard the report of a
pistol ; heard Sir J. Jeffcott ask Dr. Hennis to forgi,4.
him, and then fall on the ground in an agony of disties.i,
they shook hands, and Dr. 'Jennie immediately frli to the.
ground ; drove Capt. Halsted to Exeter.
Samuel Luscombe, surgeon, proved the i the death of
Dr. Hennis ensued from the most viulaat inflammation in
the left Tote of the lungs, which had been brought on by
a leaden bullet that had lodged there, and which bullet
must have been thrown from a pistol or gun.

Simnel Barnes, surgeon, corroborated the testitnr,ny of
the last witness, and added, that he found a smal; piece of
flint the size of a pea just bey Jud the bullet.
James Trout deposed that Mr. Mi'for.) came to his
master's warehouse on the day in question, between three
and four in the afternoon, and putVriased some flints.
This was the case for the prosecution.
The prisoners then addressed the Court i❑ defence, and
were very much affected after they had finished their ad.
dresses, and kept their handkerchiefs to their faces during
the remainder of their trials : they excited great sympathy
in Court.

The LEARNED JUDGE summed up at very great length,
and the Jury, after consulting a short time, returntd a
verdict of Not Guilty.

The same parties-. were then taken to the Guildhall, and
arraigned ikon the Coroner's inquisition; but Mr. Ser-
geant slerewether, un the Rat of the prosecution, declined
offering any evidence, and the Jury accordingly found them
Not Guilty.

FURIOUS ASSAULT ON THE POLICE.--L St
night, between six and seven o'clock, while police-consta-
bles HENRY MUMFORD, Hi A, and WILLIAa MILTON,
110 A, were taking two boys into custody wLo had heen
breaking branches off some young trees in Uyde-park, a
!nab of between three and four hundred persons collected,
who attempted to rescue the prisoners, who were seen by
JOHN LEGG, the Park-keeper of Cumberland-gate, teariug:
the !Touches dowa. The most ruftitnly conduct was used,
towards the twa constables, who were attacked with
;Jones, ;sticks, and other missiles, and whose lives, in con-
sequence, were for some time in touch jeopardy. A
gi
nenii,tlleanri;iterbcoonneimlaunnei,cabteyd
,ivnbfozaart,ivou.,;esteor,ttahrelosnti:tfiionns-,p‘heiloc7n7
Tv 'MEL sent a body of me.o. Hyde•park,
timely arrival the most SEF/0149 consequences
mob, anti took the boys to the sttioir: 11
who alongwere
netairi
Alto SrAyLESON. The two police' e.,
mud, received see:TAI severe injuries about
pated. The reloioircement eventually
ooveici witdhi(BiuoeuonieerspaveeFewd.
t.tih;t:
y
Severs ', gentlemen were very active
the face a.n
rc to the police, one of whom was stated
"9in
br,elenadfeelirscivnbgirlsatYP:P:'s' since a person who was angling
with a runniug line, tiear Sot li ighaw, caught a bream
flat of the eNtr rot dimity It ngth co two f. et one inch, end
sixteen inches itcioss. A fish of such oin ensioas is %try
buts,. e
ro:
amt
4relY taken in our