The Sun.
London, England, 1833-01-12 00:00:00

The LORD CHANCELLOR sat in Westminster at half-
past one o'clock.
Sir El/WARD SUGDEN reminded his Lordship that this
was the day on which Mr. Farquharson was to be com-
mitted to the Fleet Prison, for contempt in the reports he
had made to the Times newspaper respecting the Duke of
York's affairs. Mr. Farquharson had made an affidavit,
in which he express-d himself determined not to disclose
the name of the party from whom he had received his in-
formation. In that affidavit he stated that it was not
from Mr. Amory, Mr. Cole, Mr. A'Beekett, or any other
professional gentleman, but an intimate acquaintance
of his own, and who be had now learnt was not
a member of the Committee of the Duke's creditors,
as he had formerly supposed, and stated he was. The
learned Counsel contended that he was entitled now to
have the order of committal, as his clients were not at
all satisfied with any thing further that the reporter had
stated.

Mr. WIGRAM was about to follow on the same side, but
his Lordship refused to hear more than one on a side.
The ArTIMNEY-GENERAL opposed the i.suing of the
order to commit Mr. Farquharson had given all the ex-
planation in his power, and if he were even now to name
the person from whom he received his information, it
would be impossible for the Court to commit that indivi-
dual. He hoped the Court would not be misled by any
misrepresentations, but would, at any rate, take further
time to look into the whole of the proceedings of the autho-
rities, and to consider them before it proceeded to commit.
The LORD CHANCELLOR observed that his judgment had
already been pronounced, that the reporter should be com-
mitted this day unless he made a satisfactory disclosure;
and it was only in mercy to him that the time had been
given, from the pronouncing of that judgment to the pre-
sent hour, to have made the disclosure in, because, notwith-
standing that the party who might have communicated the
circumstances to him might be more guilty than he, and
the Court might lay hold of him and release the reporter,
yet still, in the eve of the law, the reporter was guilty, as
the party who had sent forth the publication to the world.
Mr. BETHELL submitted that he had a right to be heard
with the Attorney-General in arrest of judgment, accord-
ing to his Lordship's previous permission, Mr. Farquhar-
son, as it were, having been now called up for judgment.

. _
The LORD CHANCELLOR said he would hear the
Learned Counsel.

Mr. BETHELL then contended that the Court ought not
to commit—that the thumb-screws were not now to be
used for the purpose of extorting information from the re-
porter which, upon principle, he could not give, and when,
in point of fact, the reporter was not the party offending.
'1 he LORD CHANCELLOR said there was no applying
of the thumb-screws in the present case, the proceeding
was in penam—a punishment for what had been done, in
order to deter others from so doing.
Mr. BLTHELL argued that the reporter sold the infor-
mation he communicated to the editor of the newspaper—
that it was left to the editor to publish it or not, and to
publish it entire or mutilated, just as he pleased, and in
which he acquired (by his purchase) and retained the
entire right and property ; chat, therefore, he was not the
party to be punished for the publication, and, consequently,
he hoped his Lordship would pause before be pronounced
an order which any Judge must
,feel a reluctance in
pronouncing.
The LORD CHANCELLOR lamented that he had been
pressed to make the order, and that he felt bound to pro-
nounce it. He was glad that the affidavit the reporter
htil now made entirely exculpated some moat respectable
professional gentlemen frorn suspicions that had been thrown
upon them, but the disclosure was not sufficient to exempt
Mr. Farquharson from punishment. The order was, that
Mr. Farquharson should now stand committed ; and the
order was with costs, as between party and party. Ap-
plication might be made for the prisoner's release.
Mr. BETHELL hoped the other side would be put under
terms to accept of short ❑otice of any application it might
be thought proper to make on behalf of the prisoner.
The LORD CHANCELLOR observed that they would
no doubt consent to accept of short notice. Certainly
short notice.