The Sun.
London, England, 1848-01-18 00:00:00

SUN, LONDON,

in APCABE's innocence, but that in " reasoning from
the evidence before the Court," he said, " The evi-
dence of A and of B is as follows (stating it exactly
as it was given), this evidence tends to prove M'CADE
guilty, for it says that he was at such a place at such
an hour, &c., but it is no proof against REID, ;for his
name is not even mentioned." This would be an
attempt to " save a miscreant," but would it be a
downright misrepresentation ? Certainly not. A
counsel misrepresents when he endeavours to deceive
a jury into the opinion that a witness has said what
that witness did not actually say, but when a counsel
states truly that which a witness has really spoken,
then no matter what argument he may deduce from
such testimony, it is an abuse of language to call it
a misrepresentation.
We must also earnestly protest against our Con-
temporary's assertion, " That the true line of a coun-
sel's professional duty is far from satisfactory if
viewed with the eye of the divine or the moralist."
Differing in so many points from our Contemporary,
we must record our dissent on this also.

Another Contemporary (we rejoice to say) stands
singular and alone in the extreme severity of its
attacks upon Mr. DIGBY SEYMOUR—we say upon
Mr. DIGBY SEYMOUR, for the attack is altogether
personal. It is not so much his opinion as himself
that is impeached, and from what motive we cannot
pretend to determine. From first to last it pro-
ceeds upon the assumption that the Learned Gentle-
man is wholly destitute of truth and honour.
A long argument is written to prove that he
did that which he declared he did not do
—that he knew that of which he positively
denied the knowledge. His manly and straight-
forward letter is styled "Jesuitical." His speech,
the very extracts from which it quoted, in order to
assail him—one of uncommon merit—is pronounced
a " piece of hypocrisy," " profane," " disgusting," and
" a pollution ;" and to-give a finish to the rest we find
the following :—" The assassin client is content with
one murder. The Counsel, who becomes an accom•
plice after the fact, for the purpose of destroying the
innocent, takes the penalty of a double murder on his
soul." Was ever such language uttered so in-
excusably—was ever so painful an exhibition of ill-
feeling against a young advocate, whose only
offence is that he has expressed an opinion upon which
he himself has never acted? for when Mr. DIGBY
SEYMOUR defended REID he believed APCABE to be
guilty. "Assuming that to be true, which I deny,"
are his words, when charged with having a confes-
sion which exculpated M'CABE.
The Learned Gentleman says, " REID'S statements
were such that I did not believe them, and in no
single point did I vary the line of defence I had
already resolved to follow." "We deny the truth of
this assertion " says our Contemporary. When a
member of a liberal profession writes to the press, in
vindication of his own conduct, should he be met with
abuse in place of fair play—with insult in place of
argument ? But "he could not have acted irrespec-
tive of that confession." Why ? Had REID confessed
before his last trial, when Mr. DIGBY SEYMOUR
was only junior to that eminent advocate Mr.
Sergeant WILKINS ?—and did the line of defence
vary materially on the two occasions ?
Again, it is said, there could have been no concert
between the two men. Whence this knowledge ?
REID had not denied it. "He did not at all excul-
pate M'CABE from the suspicion of being engaged
with him," are the words of the Learned Counsel.
On the trial there was abundant evidence of concert
given. Mr. DIGBY SEYMOUR wrestled gallantly with
that evidence, and argued ably that concert was not
sufficiently proved ; but there is a difference between
argument and knowledge, and the jury recorded their
verdict in opposition to that argument, finding that
concert to have existed.

The danger in which M'CADE was placed is a
further ground for vituperation ; but another Contem-
porary, who has taken a correct view of
the subject, has shown the absurdity of
the supposition that M'CABE could have
been really in danger. "Mr. I)lw:tit SEYMOUR
would have taken a verdict for REID on the
third indictment, and then have stated all he knew,
if he had any private information exculpatory of
M'CABE, which he had not; or should the Crown
refuse this, then the Learned Counsel might still
disclose what he knew after the trial to the proper
authorities, for it could be no evidence against REID,
and so M`CAmes life would be spared." Our Con-
temporary concludes with this observation :—"We are
quite contented to see the guilty escape if the
legal evidence of guilt is insufficient. It is for
the benefit of society, we think, that the counsel should
even represent the client from whom he has taken a
fee to the extent of giving him every advantage of
his knowledge of law, of his skill in sifting evidence,
of his means of giving due significance to facts—hut
not to the extent of lying for him." Does the counsel
who, convinced in his own mind of his client's guilt,
says to the jury—" Such a witness rather proves
another to be guilty than my client"—does he
lie in saying so ? If so, the juryman
who has a perfect moral certainty of a prisoner's
guilt, but yet, considering the evidence imperfect,
consents to a verdict of " not guilty," utters a lie
when he reverences his oath.

For our own parts, we have repeatedly spoken of
Mr. MORT SEYMOUR in terms of eulogy, as a young
man of great promise—as an able and accomplished
advocate. We noticed his conduct on the recent
trial. He browbeat and confused no witness ; he
misquoted no evidence; he made no adjurations ;
he expressed no private conviction. He was cool,
honest, and intrepid. He failed, but not until he had
made an impression in York, such as cannot speedily
be effaced or forgotten, and he lost a verdict solely
because the weight of fresh testimony procured since
the former trial was immense—the case for the Crown
was irresistible, and human ingenuity or eloquence
could not secure one.

If he erred in the opinion he uttered, take it at
the worst as an error of overzeal, " he sins at virtue's
side ;" but we believe he did not err, and we know
he can point to many high authorities who agree with
him, and chiefly to the brightest ornament of his pro-
fession in this or any age. He can quote the deliberate
opinion uttered on the trial of Queen CAROLINE, by
the Queen Consort's then Attorney-General, in the
presence and hearing of the Princes of the Blood, the
Peers of the realm, spiritual and temporal, the
Judges of the land, the heads of the law, and the
lights of literature—an opinion never called in ques-
tion, and which remains to this day a matter of

record
"I once before," said Mr., now Lord Brougham,
" took leave to remind your Lordships—which was
unnecessary, but there are many whom it may be
needful to remind—that an advocate, by the sacred
duty which he owes his client, knows, in the dis-
charge of that office but one person in the world,
that client and none other. To save that client by
all expedient means—to protect that client at all
hazards and costs to all others, and among others to
himself, is the highest and most unquestioned of his
duties; and he must not regard the alarm, the suffer-
ing, the torment, the destruction, which he may
bring upon Any other. Nay, separating even the
duties of a patriot from those of an advocate, and
casting them, if need be, to the wind, he must go on
reckless of the consequences, if his fate it should un-
happily be to involve his country in confusion for
his client's protection !"
We have now laid our views upon this controversy
before the public. We hope no necessity may arise
for recurring to the subject. Meanwhile, we have
the satisfaction of knowing that, in the absence of all
authorities against us, our opinion has three living
authorities to support it, differing, no doubt, greatly
in relative fame, age, position, and experience, but
agreeing in this, that they are members of the same
honourable profession—the Right Honourable Lord
BROUGHAM, Mr. Commissioner PHILLIPS, and Mr.
DIGBY SEYMOUR.

On the 9th inst. a grand military display took
place at Milan. The city was filled with Austrian
troops, evidently for the purpose of intimidating the
inhabitants. A sullen tranquillity prevailed in the
city. The people evidently " bide their time."
Letters from Genoa of the 11th state that great
dissatisfaction was felt at the refusal of the KING to
receive the deputation sent to bim from that city to
pray for the establishment of a civic guard and the
expulsion of the Jesuits.

Madrid papers of the 11th have arrived.
They state that there is every probability that no
further steps will be taken in the proposed impeach-

mont of SALAMANCA, but that the matter will be
allowed to drop.
MADRID BOLSA, JAN. 11.—The Spanish Three
per Cents. were 26/ cash ; Five per Cents., 151.

We have received the Paris papers of yesterday,
but, with the exception of an authoritative contradic-
tion of the rumours in circulation respecting the un-
favourable state of the KING'S health, they contain
no matters of domestic interest.
The Journal des Debats states that AI3D-EL-KADEIt
has written a letter, throwing himself upon the mercy
of the KING, and declaring his willingness to submit
himself in all things to the commands of his MA-

JESTY.
The Siecle urges thelaecessity of keeping faith with
the ex-Eaetn.
The Constitutionnel explicitly denies that any vio-
lence had been offered to the monks of St. Bernard
by the Federal troops.
The same journal publishes copies of the protest of the
POPE addressed to the Swiss Diet, accompanied with the
most eager denials of the charge of sacrilege, no wil-
ful desecration of sacred places having been committed
at all. The irregularities that gave rise to the charge
were such as were necessarily incident upon a con-
fused state of affairs. As the POPE invokes rights
secured by the Federal Pact, it is said that the Diet
have resolved upon not replying to his protest, for the
purpose of remarking that they did not recognise
the Pors as a Sovereign Power, and to show that
they do net recognise the right of any one to inter-
vene in the religious concerns of the country.
The Constitutionnel thus comments on the inconse-
quential policy of M. GUIZOT :—" We are in the full
current of counter-revolntion. Our liberties at home
all filched away, while abroad we are the ally of abso-
lutism . ..... ....... While cunning and corruption
have taken away the conquests of our fathers at home;
while our grand revolution is publicly insulted and
calumniated ; while reaction marches with brazen as-
surance ; and Jesuitism, the mania of being noble,
and the traffic of conscience, are preparing the return
of the old regime. France has broken off abroad with
all the liberal traditions of her past history ; you seek
in vain for marks of sympathy with Italy ; the men
who declaim against the Swiss Diet give their
hands to the butchers of Gallicia. It is between the
official jacquerie of Tarnow and the massacres of
Milan that they come to proclaim an alliance with
Austria and the necessity of her assent to all changes
in Italy"

BUSINESS DONE IN FOREIGN RAILWAYS AT,THE
LONDON STOCK EXCHANGE, JAN. 17.

Boulogne and Amiens, 1358—Central of France (Orleans
and Vierzon), 141%—.Namur and Liege, 6/2—Northern of
France, 11—Orleans and Bordeaux, 4%.

SPORTING INTELLIGENCE.
TATTERSALL'S.—YESTERDAY,
TWO THOUSAND GUINEAS STAKES.
5 to 1 agst Mr. Mostyn's Surplico—taken
CHESTER CUP.
50 to 1 agst Mr. Henderson's Lady Hylda—taken
(1,000 to 15 laid once)
.50 to 1 Agit Mr. Mostyn's Swallow—taken
1,000 to 15 agst Mr. P. Kearey's Magnet (Irish)—taken
(1,000 to 20 also taken)
1,000 to 15 agat Mr. Disney's Keleshe—taken
1,000 to 15 agst Mr. F. Clarke's Joe o' Sot—taken
1,000 to 10 agst Capt. Kennedy's Sir Talton Sykes—t.
NEWMARKET HANDICAP.
Even on the field agst twenty

DERBY.
10 to 1 agst Mr. Mostyn's Surplice-1,100 to 100 t.
13 to 1 agst Mr. Greville's Glendower—taken to 251.
20 to 1 agst Mr. Bowes's Springy Jack—t to 1001.
22 to 1 asst Edie Ochiltree and Whitstone--taken
25 to 1 agst Mr. J. Day's Nil Desperandum—taken
to 100/.
30 to 1 agst Mr. B. Green's Beverlac
1,000 to 30 agst Mr. Medley's Besborough—taken and
afterwards offered
40 to 1 agst Col. Anson's Corsican—take 50 to 1
.50 to 1 agst Mr. Wigram's Keraun—taken to 225/.
2,000 to 30 agst Sir J. B. Mills's Deerstalker—taken
1,000 to 10 agst Mr. J. Scott's Brockett taken and
afterwards offered
Having specified the amounts for which the horses
quoted were backed, it is only necessary to add, that
Springy Jack was apparently in better favour than on
Thursday last, and that 20 to 1 could not be got at the
close. Sc veral offers were made to lay against and back
lots, but no business done.
LIVERPOOL STEEPLECHASE.
1,000 to 50 agst Mr. Brettel's The Curate—taken
SOMERSETSHIRE STAKES.
Giselle and Tom Jolly are struck out.
INTELLIGENCE EXTRA.
NEW MARKET STEEPLECHASE.
Nominations for the Newmarket Open Handicap.
Mr. Elliott's Nottingham, Mr. Abel's Jerry (h b),
Mr. Walker's br g by Medora, Mr. R. Clifton's Maho-
met, Mr. Windsor's Novice (h b), Captain Baruett's
Boxkeeper, Mr. E. Carey's Blue Bell, Mr. E. Carey's
Blue Pill, Mr. Elmore's Gazeley, Mr. Death's Lady
Helen, Mr. J. Elmore's The British Yeoman, Mr. T.
Wesley's Gayhurst, Mr. Sait's The Rejected, Mr. Sait's
The Doctor, Mr. Bevill's Roulette, Mr. J. Anderson's
Profligate, Mr. Tilbury's Chronometer, Mr. F. Wilson's
Khondooz, Mr. C. C. Brook's Eagle, Mr. I'. P. Bolt's
Railroad, Captain Little's Chandler, Mr. Young's The
Witch.