The Sun.
London, England, 1848-01-01 00:00:00

TO THE EDITOR OF THE TIMES.

Sir, —Some of the laily papers, from adisposition,
no doubt, to perform a public service, have thought
right to censure the line of defence I considered it
my duty to adopt as counsel for Reid on the recent
trial for the Alirfleld murders, at York. The Ex-
aminer has, also, a strong article on the subject, in
which it is stated that I, being previously in pos-
session of a full confession from Reid which wholly
exculpated Al‘Cabe, endeavoured by an ingenious
argument to shift the burden off my client to the
shoulders of a man I knew to be innocent.
The press is a formidable commentator upon the
conduct of any man, but before conclusions are
drawn facts should be clearly ascertained.
That I was 'in possession of a statement made by
Reid on the eve of his trial is perfectly true ; that
from this statement I had reason strongly to presume
Reid's guilt is also true; hut that a statement or
confession was made or communicated to me irre-
concileable with the supposition of M'Cabe's guilt,
or sufficient to satisfy any impartial mind that
M'Cabe neither acted as principal or accomplice, I
deny. Certain questions were submitted to Reid,
chiefly as to the character of the new evidence against
him, and with a view to the cross-examination of
some witnesses for the Crown. His replies tended
very much to inculpate himself, but did not at all ex-
culpate MiCabe from the suspicion of being some way
engaged along with him. And these replies, more-
over, were so contradictory in themselves, and so
totally opposed to the evidence for the prosecution,
that I did not believe them, and in no single point
did I vary the line of defence I had already resolved
to follow.

A confession, full and satisfactory, has since been
made, and M'Cabe's life will no doubt be saved by it;
hut with this confession I have nothing to do.
Now, Sir, as to my argument, which the Examiner
calls " a iertling instance of license of counsel."
The evidence offered on the trial as to the time and
other matters pressed with about equal weight on the
two prisoners; but M'Cabe's stories and conduct, and
equivocation, strengthened the case as against him.
No concert whatever was proved between them ;
both prisoners admitted they were at Wraith's about
the time of the murders ; M'Cabe at the last trial
swore that the man he saw at Wraith's was Reid.
What course was open to me ? If M'Cabe was in-
nocent and spoke truth, the man he saw was my
client. If M'Cabe was guilty, and no concert was
made out, then was it not clear my client was inno-
cent—clear, I mean, as a reasonable argument drawn
from the evidence before the jury ?
And now, Sir, assuming that to be true, which I
deny, and admitting for a moment that a " full con-
fession" was made to me " previous to the trial
which wholly exculpated M'Cabe," I am yet to
learn that I would be deserving of blame for endea-
vouring to throw the whole guilt upon M'Cabe if the
evidence, by which the jury were bound to decide,war-
ranted such a course. I am yet to learn that this
would be either morally or professionally wrong. When
a counsel accepts a brief for a prisoner he becomes,
in my opinion, bound by a twofold obligation. I
esteem it in the first place to be his strict and solemn
duty to keep faithful to his client during the trial, or
pending it, and to hold his secrets as a religious trust.
They are conunissa
_Mei—they must not be violated
—they must not be exposed.
In the next place, it is equally his bounden duty to
frame the best defence in his power from the evidence
given at the trial. If a prisoner confesses his guilt,
or makes admissions which tend to criminate him
while they acquit his fellow-prisoner, is his :counsel
to hurry into the witness-box to ruin and betray
him ? If not, then his confession is not in evidence;
and does a counsel overstep his duty who adopts a
line of defence wholly irrespective of that confession,
but which is founded on the evidence before the jury,
borne out, and justified by it ? When a veto is put
upon this exercise of a counsel's discretion—when,
instead of his argumant being weighed and measured
by the nature of the evidence, his motives and private
opinions are publicly submitted to a rigid moral test
—the relation of client and counsel will be deranged,
and their mutual confidence interrupted ; the inde-
pendence of the bar will be violated, and the principle
of advocacy will be abolished altogether.
Your obedient humble servant,
WILLIAM DIGBY SEYMOUR,
Of the Middle Temple, and Northern Circuit,
Dec. 29. Barrister-at-Law

THE COAST DEPENCES.—A commission appointed
by the Master-General of the Ordnance, consisting of
Lieutenant-Colonel llardinge, Director of the Labora-
tory Department of the Royal Arsenal ; Lieutenant-
Colonel Colquhoun, of -the Carr:age Dcpstriment f. and
Major Sandham, RE., has been sitting for some time at
Woolwich, to consider the subject of extending the
coast defences, and of strengthening the existing lines of
fortification. In pursuance with instructions the Com-
missioners have visited the whole of the eastern, southern
and western coasts of England, and have inspected every
place where they have judged it probable that a hostile
fleet would, in the event of a war, attempt a landing.
An extensive correspondence has also been opened up
with the various pilots at the outports, with the view of
ascertaining the spots where it would be practicable for
an enemy to attempt a landing, even in flat bottomed
boats and launches, in order that the whole of our coasts
nay be effectually guarded against the possibility of a
surprise. The report of the committee will be referred
to the Master-General when completed.
ENGLISH SINGERS IN FRANCE.—It is satisfactory
to know that there is one English singer who has suc-
ceeded in securing a large measure of approbation in
Paris, namely, Miss Lucombe. The France Musicale
thus speaks of her:—" A young English artiste, already
known in Italy and England, Miss Emma Lucombe,
desirous to obtain a Parisian consecration for her talents,
after successfully singing in several dilettante saloons,
has made her delnlt in public, in a concert given at Here's
Rooms for the benefit of the young man Kilian. Miss
Lucombe had scarcely begun the grand aria, Casts
Diva,' from Norma, when flattering sounds were audible
from every part of the room; the audience were at once
struck with the purity, the sonorousness, the brilliancy,
and the power of her magnificent soprano voice. As
she proceeded, some daring flights, achieved with
remarkable facility and effect, increased that satisfaction
to the pitch of enthusiasm. Interrupted many times by
bursts of applause, she was recalled at the conclusion of
the piece to be again.applauded."

THE CASE 01" GEORGE FAY.---At the Glasgow
Circuit Court on Monday, George Fay, shoemaker,
South St. Mungo-street, was'accused of culpable homi-
cide, by confining his wife in a water-closet, while in a
state of bodily disease, from the 3d of June to the 23d
of September, when she was liberated, but died on the
7th of October, in consequence of the barbarity inflicted
on her. The prisoner, having been out on bail, advanced
froin the body of the court on his name being called,
and took his place at the bar. He pleaded not guilty.
The case against the prisoner was fully substantiated by
the witnesses for the prosecution. Mr. Ayton, for the
prisoner, called a number of witnesses in exculpation.
The te❑dency of their testimony was to show that the
woman was a drunkard, and of unsound mind, and that
her husband had been seeking an asylum where she
might be taken care of. The Lord Justice Clerk
summed up the evidence. The jury, after an absence of
about twenty minutes, returned into court, with the fol-
lowing verdict :—" The jury are unanimous in finding a
verdict of guilty of unnatural and cruel treatment, to the
danger of her life, as libelled ; and, by a large majority,
find the prisoner guilty of culpable homicide." The
Lord Justice Clerk sentenced him to be transported for
life.

MELANCHOLY ACCIDENT.—ROCHESTER, DEC. 30.
—Yesterday evening, an inquiry, which occupied up-
upwards of four hours, was instituted at the Watermill
Tavern, Strood, before James Lewis, Esq., coroner,
touching the death of Thomas Lackenby, a private sol-
dier, belonging to the 39th Regiment, who lost his life
at the pier of the South• Eastern Railway Company, at
Strood, on the 30th ult. It was shown that, intending
to proceed to Chatham, deceased on the day named went
on to the pier, with about twenty other passengers, to
embark on board the Atalanta steamer. The night
was very dark, and the only light on the pior was a
small uil lamp. On stepping on the gangway, he missed
his footing, and fell overboard. A boat-hook was put
nut to his assistance, but the tide running swift at the
time, be was speedily carried away, and all the boats
near at hand being unfortunately made fast with locks,
was dr•wned. The jury, after about half an hour's de-
liberation, returned a verdict of "Accidental death,"
but expressed an opinion that great neglect was attri-
butable somewhere; and they strongly urged the neces-
sity of an alteration at the pier, to prevent the recur-
rence of similar accidents.
COURT-MARTIAL.—CHATHAM, DEC. 30.—During
the last two days the members of a general court-
martial have been sitting ti,t, this garrison for the trial of
private Alexander Patterson, No. 1,508, of the Royal
sapvers and Miners, who is charged with having ♦io-
leetly struck Sergeant James Robinson on the evening
of the 7th inst. Lieut.-Colonel A. C. Pole, of the 63d
Regiment, was president. The assault was committed
on the sergeant when he was returning from paying
some of the men, and as he was attacked at night he
could not recognise his assailant. The prisoner, how-
ever, when tipsy next day, told a comrade that the as-
sault was committed by him, and that he would have
murdered the sergeant had he not beard some persons
coming up. The sentence of the Court will not be
known until it is confirmed at the Horse Guards.
A DOUBLE DoT.—When Louis Philippe began
dowering his daughters out of the national pocket, the
responsible editor of the Charivari was prosecuted for
several so called libels ho bad published on the subject
of the marriage portions (dots). He had recommended
that, to relieve the nation from these burdens, the royal
papa should do as other fathers do—pay the money out
of his own fortune. On the trial the editor declared, that
so far from denouncing As "'dot," he had merely advo
cated an "anti-doe"—Family Jo: Miller.

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