The Sun.
London, England, 1848-01-24 00:00:00

PRIVILEGE OF COUNSEL.

. • ,
(Prom the Sunderland Times.)
Since the memorable trial at York for the sppallii
triple murder at Mirfield, we have from time to th
noticed the observations of various 'of our Loudon an,
Provincial Contemporaries in approval of the line
defence adopted u counsel of.one ettle culprits, an,
tho g...rml principle of legit 4.dv6eney suhsepsentl:
laid down by Mr. Seymour.
On all hands, both by friendly and opposing corn,
rnentators, unquestionable testimony has been born,
to the boll line of argument undertaken ly tl
Learned Counsel, and the admirable tut, talent, an
logical argumentation, and the impeetsioned eloquent
with which he had conducted the whole defent
whether in the intricacies of the cross-examination
the full flow of business-like and oratorio's' repl,
but a difference of opinion prevailed as to the pro
priety, validity, and in short morality and safety of tt
course he was admitted with so mush legal acume,
and talent to have pursued.
The extracts we have made from our contempo.
riries will have furnished our readers with a full id/
of the objections of opponents by stating them wi
the reply ; and upon the case thus presented, alms;
with his own admirable letter at the sommenct
ment of the controversy, we feel assured *is talents
barrister may not safely only, but triumphant
appeal to the public for an unanimous judgment
his favour.

Certainly if the possession of the !slid of eontr,
versy after its desertion by opponents affords at
criterion of victory, those journals which, like Ti
Sun and the Standard support the affirmative of tl
question, may fairly lay claim to have their prineipl
and arguments admitted as uncontrovertible. 1.3 k
their case assumes a still more conclusive &epee
when it is further ascertained that they only occur
this position after hating driven their opponen
from the field which low personal and 'planet
feeling prompted the rash temerity to rash is at
try to occupy. With the Times, the Daily Now,
and the Examiner—and when we have named the,
we have named nearly all deserving notice—it was
mere personal attack upon the Learned Counsel, d;
Wed apparently by a gratuitous, perhaps interests
feeling of personal hostility, if not envy, towards
young lawyer who, though almost newly introduce
to public notice, already gave ovideno• of powt
which might ene day place him high among th
highest in those legal ranks which no doubt instigated,
if they did not write, the laboured scurrilities re-
ferred to While, on the other hand, the papers frot.
which we have extracted from week to week—The
Sun, the Standard, the Liverpool Journal, an,
others, have, throughout the defensive and aggressif
argument which they hare conducted, based, as the
originally took up, their whole argument, not
personal grounds—though, undoubtedly, a desi,
proverbial in John Bull might and did prompt thei
to enforce fair play between the Learned Counst
and his powerful metropolitan opponents—bat upo
principles of propriety, justice, and eternal right,
well as of expediency.
Arguing the matter upon these public ground
they show that any party charged with an offence
entitled to a fair trial, in which according to all fa;
nese and equity he ought to have the same legal ae
istance as his prosecutors; that the counsel whop
he nosy employ, from the moment that he accepts tl
brief, is the representative of the criminal, and is n
only justified in taking, but is bound to take eve,
available means which his client might be expect,
to take of securing a favourable verdict ; and that
practical operation the system laid down so dogged,
by the Times and its abettors—as it would juste
counsel in a weak defence that would more dental
than serve the interests of his client, as it won,
justify, and, in fact, compel, the counsel to rush its
tile witness-box to criminate his client whom he w,
engaged to defend, and thus not only deprive h.
client of an advocate for his innocence, but lead th,
jury to arrive at a decision unfavourable to the diet
through the medium of a kind of evidence as wro,
as it was wrongfully obtained; while on the oth,
hand the adoption of a bold and confident line
defence on the part of a more unscrupulous cowls,
although conscious of a client's guilt, might lead tl
' jury to acquit in a case where it would otherwi
condemn ; and further, as the admission of such
principle would prevent even the innocent from 07
gaging counsel, lest the counsel, unsatisfied of
evidence of his innocence, turned evidence *pi
him ; and as altogether it would virtually make
counsel and not the judge and jury the arbiter of
prisoner's fate, and in short deprive both innocent a,
guilty prisoners of counsel altogether—the latter
his counsel should betray him, and the former lest
should be dissatisfied of his innocence—the princi
is as utterly inadmissible as it would be undeservi
of argument but for the circumstance of having bee'
propounded by high names like the Times and
Examiner.

Under the influence of these high and important
considerations, the admirer of powerful talents e'er*
in the duties of an arduous profession .‘nd the ad,
sate of English fair play, will rejoice that in suppol
ing Mr. Seymour against the sinister attacks of fi
(in the cue of the Times at least as unprincipled
they are powerful), they further perform the higl
and loftier duty of asserting and vindicating print
pies of justice and equity in judicial proceedin,
Here, therefore, we might be content to leave 1
matter, confident that neither Mr. Seymour and
supporters of the press have any reason to regi
either :for their own sakes or the principle they ad
cats, the controversy in which they have been i
volved ; and the Learned Counsel especially
reason to congratulate himself that in his person rij
has been justified against might, and equity
sound propriety asserted over specious and unpi
ci pled, if not also selfish, dogmatism. But we perceive
able contemporary, TA. Sun, has further argument
store, which, we may be sure, judging from the pl
able and conclusive expositions of that journal on
subject, will be well worth extract and perusal.

MEMOIR/ OF MAMMON/ILIA Di MOIITPENIII
Written by Herself. 3 vole., with Portrait.—The abo‘
work is published this day by Mr. Colburn. who '
also just published :-2. Adventures of a Medical
dent, by the late It. Douglas, Surgeon, R.N., with a
moir of the Author, 3 vols.-3. The Hall and the H
let, by William Howitt, 2 vols.-4. Vol. XI. of AL
Stricklantl's Lives of the Queens of England.-5. Zoo)
gical Recreations, by W. J. Broderip, F.R.S., '
1 vol., 10s. 6d. bound.-6. Leonora, a Love Story, 3
—7. James the Second, an Historical Romance, ea
by W. H. Ainsworth, Esq., 3 vole.-8. Town
Country ; or, The Days of the Regency, by
Trollope, 3 vols.-9. Emiha Wyndham, Cheap Edi,
forming the new volume of " Colburn's Standard
Nmels."

POILTSMOUTS, 211.—NATAL AFFIUTICII
The Admiralty have introduced a new class of
into the navy, to be called "Naval Apprentices."
plan is to commence in her Majesty's ship Victory
this port, and Admiral Sir Charles Ogle has orders
permit two hundred to be entered on her boo,
This p!...n is the suggestion of an officer of distinguir
rank and ability in the navy, and if carried out to
extent contemplated, will, in a few years, keep her
jesty's ships well supplied with a body of seamen wl
interest it will be to ountinue in the Berries, and
joy the advantages which they receive over seamy
the merchant service, who are generally dissatisfied
being a few months in a well regulated man-of.
and are either discharged as useless, or run when
opportunity offers. Her Majesty's ship Britannia,
has been brought into the basin to be fitted for servi
it is expected she will be the next fleg-ship for the M
terrsnean. The Stromboli is still at Spithead, wait
orders.

WIGAN.—We have to annosnee, with the deel
feelings of regret, the death of the Rev. Charles Midi
burst, of this tows, the senior priest at St. Mary's
tholic Chapel, from the anklets of an attack of fever
a most malignant nature, caught in his untiring and
ceasing attention to his spiritual duties. -The rove;
gentleman was about fifty•six years of age, and
been a priest at St. Mary's since its erection, nel
thirty years ago.—Liverpool Mercury.
PORTIGUISI CATTLI.-1 vessel, burins.
significant title of tile Free Trader, has just 'mu
the Brunswick-pier, Blackwell, with 1115 oxen and
sheep on board, in addition to a considerable quantit
general sriicles of food, some Names of specie,
Miz seutictintreii, yrothibe'd pl.