The Sun.
London, England, 1805-06-07 00:00:00

not to publish the evidence. before their Lordrhips
had detertnineA.upon tile Inquiry at their' liar ; but
'the
.ships
for :;cerecy' teased the moment .their
Lce.shitis NA.'ere of ppinioil there ought to be A
public investigation. -wrts a proceeding con-
neEted with tbz adniiniStration of public justice,
thechariEter of publicity naturally attached to it.
He hoped therefore that House-Would,deliberate on
the. propriety of publishing. the proceedings of 'the
Committee. It 1%74' obvious that it it was not Intb:

Hied, the Learm,i Judge • would have to defend
himself at a very great disadvantage ; while, on the
Other hand, every advantage would he afforded to
the Petitioners : while the evidence was kept se-
Oet, it was difficult even to know who the Peti-
tioners ,were, or whether it was the cause of the

Petitioner's themselves, :or'of other parties. lie ah,
particularly. to a NObleMirqtais who was an
accuser upon this. occasion. Their Lordships could
not but he sensible that 'the accusers and the ae-

cused did not stand on equal grounds,, because the
former were acquainted with 'the whole of the
evidence given before the Committee, while the
latter was entirely ignorant of it. Their Lordships
too were placed -in an embarrassing and delicate
sitmtion, from which nothing but the publication
of the evidence could relieve them; they had the
evidence, but irshould he recolleded that it Was
given ex, parte ; it was the evidence of the accusers
who consequently had never been cross-examined.
Their Lordships came to the, investigation with that
impression which three weeks evidence, not cross-
examined, was calculated to produce. The objec-
tion in this case was not of the same force a.; in

ordinary cases, for ,though the evidence given be..
fore a Grand Jury was fX, park, they did not cAu-
inunicate it to the Petty Jury who tried their
Lordships, as Grand July, first. heard 'the.ex phrle
evidence, and then, with that previous impression,
proceeded to try the accused. This he conceived
wrong,. and therefore he hoped their Lordships
would take the subjea- into their serious Conside-

ration. - •
Lord SIDMOUTItsaid; the House was .at li-
berty to deliberate again on the subje&of the.NOTale
Lord's eech, as 'no, formal decision had taken
sp
place. had understood that a general admission
had been made, as to ,the difficulty of publishing'
the evidence, not .arising 'merely on . the point ,of
form, but other obstacles. which stood in the. %Tray.
He was however of opinion, that an adherence to
forms would ultimately= be attended with intik' sub-
stantial justice. The eVidence before the Com-
mittee had been .taken in order .to enable their
LordshipS to judge of the propriety of pursuing the
inquiry. . It was now proposo to use that evidence
fora different purpoze., -..As to the
.eireutostance
of the Learned 4t,dge , h ing, ignov.int of. facts
known to the Petitioners, it was an inconvenience
to which every person accused wns subjea.
was of opinion that there was tiOt- sufficient
ground to induce their • Lordships to publish - the
evidence. • ' ' • ,

LOrd CARLISLE Observed, that the evidence on
the Inquiry :beihre the Committee ought to !be as.,
public ;as the Sun at, noon-day.. Why were Short
hand m.:riters employed to take down the; evidence,.
if it was aftermkni to be' kept a profound
14.0 was of opinion that t beir'l,OrdshiPS', in j,Astice to
'the Learned and respeaable.: Magistrate at the Bar,
ought to allow hini the •bnefito' Counsel having,
the whole of the evidence before them.
The Earl of iItTCKIGII4NISLUAR onsiderca the:.
Publication. of evidence, so entirely ex park as, that
taken before the, Corrunittee, to be extremely im-
proper.
Earl Si'l',NC,Ett urged the measure of furnishingtho
. Learned Judge at the Bar s.with a Copy of the evi..
dence taken before the, former Committee. He also
thought, that the pref:ent evidence nhould be printed
for the use of the tiou6e,
Lord VAWKI,,ShI!RY bad no of jeaion to the:
evidence: no‘xr going on. being . made public.
was not, like, that befcq*e the thrther CoMmittee,
. Merely an eLaniinition in chief. The WitnesseS
at the liar were .snbjea to 'weross-examination; and
therefore theirevidence would git; to the world with
all the cohairing the parties an either side could give
to it!

Ti.e LORD CIMATCELLOR stated, that it was
absolutely necessary their Lordships should, come to'
some deciitim can the sub) et under 'con4deration
but it was his opinion, tlit in the mean time the
question proposed by the•Cotmsel should not be put.
If the Learned Counsel were permitted to Put such
que4tions, it WU evident, that, with his active mind, he
would easily draw from the Witnesses every thing
they had stated in' the former Cornmittee. .In or-
der to enable their Lordships to
,ciaine to a decision
on the main question, it was necessary that some
Noble Lord should make a 'Motion on the .subjea,
- , • it ,
and he felt very difficult to forin an ' opinion as
to wilat the purport of that nation should be.—
It had-been proposed on a former occasion to re..
wive the Committee, and 'whether that was :the
mode ,Nhicir ought now to be taken, ,hedid not pre
~trend to decide. He reminded their Lordships, how-
liier, that in coming In a decision on this . case, they
• wOule.l establish a prectdent which would apply to
all ca.,(. generaily Every word of the evidence
taken before, the Committee might ll'ave tedoimded
to the honour arid credit of Mr. Justice Fox ; but in
making this supposition, ,their Lordships were aware.
.that the rule of ftirnishin evidence might be ap7
plied to cases of a very different nature..
Lora ELLzgi-30:t oi;G it agveed with the .No and
Learned Lord, that, the queAtion !:nould not 110 W be,
put; hilt lit' WiVi of 01)1111011, ll la t, iltlie:iti the.forms
' of the House precluded stich question:;, the general
bw of vvid6nce atimorised the Conn.iel to pat them.
lie thought that the Committee had already come
to it decihion on the que:ition of furakhing .a copy
of the evidence ; but, is that was not the CifiC, he
hoped they wo,uld.detenaine it without further de-
lay. ' • . ,
Lord I\llNTo,obser...6l,' that the propriety of tor-
.
nishiur', it- copy Of the evidence . hetbre the thriller
Committee,: And - the right of the Counsel to put
su-I. que.4tioll,4 ai that noNV- under con,,ideration,
forined, 'lll ill:, opinion, tWO separate points, of tiii,..
cusgiou. • fle ' now 'moved, tilat the 4,2'11;1 irioi-in do
i letivQi the Chair; and g:e.e notice, that he. woitid
to-morr OW Mtho `,l I.‘lotiou for renewing the Conner
Committee. ' -.- ,-
' A 'tier stunt convey.,ation this Motion v•q,ls ag wed to,
The .1 C;-1A NC EL. 1.0 R IlaVillg tAken the ‘yeol-
i' .
' ' k 't comTro,:t ion arwe on the (torn of t he_ Motion.
°3.l,,ord,'HAv,',K-r- BURY WaS Of opinion, that the oh-
-1 !_..f... ~.e....,..;..;,,,,' Ow tomtuittee bhould lit: expresred