The Sun.
London, England, 1834-04-07 00:00:00

ASSIZE INTELLIGENCE.

MIDLAND CIRCUIT.—WAftwicx, APRIL 4.
(Before Chief Justice TINDAL.)
FLORANCE V. TIBBITTS.

This case, in which Sir James Scarlett was spe-
cially retained for the defendant, excited the most in-
intense interest in this borough. It was one of several
actions in the plaintiff's name to recover penalties to
a very large amount for bribery at the last Warwick
election. The defendant, Mr. James Tibbitts, is a
young man who was, some time since, appointed
town-clerk of Warwick. He was agent for Sir C.
Greville, who was returned to parliament for the
borough on the conservative interest, and subse-
quently unseated by a report of the committee of
the House of Commons on the ground of bribery.
Mr. Hill and Mr. Waddington were counsel for
the plaintiff ; and Sir James Scarlett, Mr. Sergeant
Goulburn, and Mr. Hayes, for the defendant.
After the jury were sworn, some conference took
place between the learned counsel on both sides.
Mr. WADDINGTON then opened the pleadings,
and

Mr. HILL shortly addressed the jury. When
first he opened his brief lie said the feelings he ex-
perienced were of the most painful kind, because
he found that he had been selected to conduct a
proceeding in the nature of a criminal charge
against a gentleman with whom he had had the
pleasure of being acquainted for some years, and
whom he had always esteemed as a gentleman of
honour and respectability. Painful, however, as
the duty was which had thus been imposed upon
him, he felt that it was one from which he should
not' swerve. Upon subsequently considering the
case most carefully, and conferring with the gentle-
man who instructed him, and with his learned friend,
whose assistance he had the honour to have upon
this occasion, he had, with their concurrence, come
to the conclusion that he should not be swerving
from his duty if he declined to offer any evidence
against the defendant, but allowed a verdict of not
guilty to be pronounced in his favour. He had
come to this conclusion, because he felt satisfied,
upon the most careful consideration of the evidence,
that he could not succeed in establishing a case
against the defendant. It was with the very great-
est pleasure, therefore, he informed the jury that
they were at liberty to return a verdict of not guilty.
Sir JAMES SCARLETT, on the part of the defend-
ant, begged to state, that although his learned friend
had acted very properly in abandoning a case which
he felt he could not substantiate, he (Sir J. Scarlett)
was anxious it should be understood that his client
was fully prepared to meet the charge ; and what-
ever might have been the circumstances which had
led to a particular result in another place, he begged
to assure the jury that he had come down there to
meet this case with the most perfect conviction that
he should satisfy their minds that the defendant was
entitled to a triumphant acquittal.
The jury then returned a verdict for the de-
fendant.
There are three other similar actions at the suit
of the same plaintiff against other defendants, in one
of which Sir James Scarlett is retained for the de-
fence, and which is appointed for to-morrow morn-
ing ; but it is generally supposed that none of them
will be tried. The quidnuncs of Warwick, who are
not in the secret, are very much puzzled to ascer-
tain the real cause of these much-talked-of actions
terminating in so very unexpected a manner.