The Sun.
London, England, 1851-09-30 00:00:00

Judge—Let this case stand over until the other is
disposed of.
The Learned Judge then went over the evidence
of Mr. Sumner and the comments of the Learned
Counsel, stating that he considered the offence to be
,one of great enormity ; and, for the protection of
the Court, and as an example to others, he inflicted
the full penalty of 51., or seven days' imprisonment
in Lancaster Gaol. He was sorry the law did not
impose a more severe penalty, but he felt bound to
inflict the very highest that the Act allowed.
Mr. Whitty was then ordered into the custody of
the bailiff, and placed in the dock appropriated to de-
fendants, where, for more than three hours, he re-
mained, while some other cases arising out of the
same transaction were proceeded with.
SECOND CASE.
Mr. Michael James Whitty, editor and proprietor
of the Liverpool Journal, having been placed in cus-
`tody in the defendant's dock, his Honour (the Judge)
directed the bailiffs of the court to stand forward in
referenceto the charge against-the defendant of re-
sisting them in the execution of their duty.
Hartley, one of the bailiffs, .was then placed in
the box, and, being sworn, deposed that on Saturday
lest be received from the Judge an, order to bring
Mr. Whitt), before this court for an insult to the
Judge in going to the court. On arriving at -Mr.
Whitty's office, about eleven o'clock, he had not ar-
rived, and on going again about one o'clock, the de-
fendant had been in, but was- gOrie out again. The
witness left word that Mr. Ramshay wanted to see
him ; and at three o'clock he found him in the office.
Thiere was another bailiff -named Charnley present.
Witness told Mr. Whitty he had orders from
Judge of the County Court to bring him before tt•'" :)
Court for " insulting" the Judge. Defendant repli
he didn't know the matt, and Baia 'he wotrldergoTbut
that if we would get a summons or a warrant, he-
would go, and he would wait for us an hour. Witness
then returned, and stated the answer he had received;
when he got orders to go immediately and fetch the
defendant. Witness took assistance, went back, told
defendant the order, and said he must go with them,
and that be had better go quietly. Upon this Mr.
Whity,pulled out a drawer, and took out a large
knife, about a foot long, and threated to "cut our
souls out-if we' attempted to touch him." He then
backed towards a door, and went down stairs; wit-
ness followed, but the defendant's son • interfered, and
called the printers to put us out. Amongfourteen or
sixteen memwho came there were some policemen,
whom witness knew as detective officers. The de-
fendant bad formerly, been head constable of Liver-
pool.. On asking these men to assist us, said the wit-
ness; they inquired for our warrant, and on our tell-
ing them We had none, they said then they could not
assist us. .One of the men held his fist in witness's
face -7;
Judge—Do,you see that man here ? Witness—
No, your Honour.
Judge—Then look after-those men ; I'll have every
one of them brought up here. His Honour then
directed Mr. Stone, the high bailiff of the court, to.
apply to the mayor for assistance for this purpose.
The witness then underwent a long .cross-examina-
tion by Sir George Stephen, in the course of whiCh
he admitted that he was not quite sober at the time.
He had had two twopennyworths of whisky.
Sir George Stephen—Who gave you the-order to
arrest Mr. Whitty, and bring him to this court ?
The witness was silent for some momenta, when'
The Learned Judge said—l did. I gave. him the
order. By the word " bring" I meant to use force if
necessary ;'and even if it required ten thousand men
I-should get them. I Care for no man living who
opposes me.
Sir George Stephea—There can be no doubt as to
.your Honour's intention, but I submit.you.have not
the power. 11.
Sir George Stephen (to the witness.,)—The knife
you have spoken of—was it round at the point ?
Yes, it was rounded off.
Sir George Stephen—Did you offer to take Mr.
Whitty into custody before he took out the paper
knife 2—Yes.

Roger Charnley, another bailiff, corroborated the
evidence of the preceding witness.
The court was crowded with a very respectable au-
dience, and while Sir George Stephen was contending
that had the case been his instead of Mr. Whitty's,
and officers had entered his house without any legal
authority, and attempted to take hire into custody,
inatead of threatening him with a, paper knife, -he
(Sir George Stephen) would have shot them, the sen-
timent was received with a perfect burst of applause.

The Learned Judge called upon the bailiffs to do
their duty, and bring before him any of the persons
who had been engaged in that outrage.
The bailiff at the door not making any movement
to apprehend any person, his Honour asked him who
it was that had been guilty of such unbecoming
conduct, and unless he pointed them out he would fine
him 51. 4
The officer replied that be could not point out any
one in particular; he believed the noise was general;
His Honour—What ! do you mean to say tgat
the respectable persons whom I see in court, some
of them members of the Town Council, were guilty
of such gross insult as that which has just been
given ?
The officer again assured his Honour that he could
not distinguish any individual in particular, and the
case proceeded.

Cliarnley went on to say—Mr. WThitty asked us,
when we went to arrest him, where our warrant or
authority was ? We said we had no warrant, and he
refused to go ; but if we got a warrant or a summons
he would go at once, and he would wait an hour.
We then returned to this court, and received instruc-
tions from the judge to return and take him. The
defendant's men, to the number of fourteen or fifteen,
came out and gave us into custody, and on our going
before the superintendent he said he could not take
Mr. Whitty without a warrant.

The Judge said the seperintendent ought to have
known that no warrant was necessary from the judge
of a county court in arresting a person for contempt ;
but he cared not who the man was, be he peer or
peasant, that obstructed or insulted any officer of the
court, he would have him apprehended.
A long examination of other witnesses took place,
and the proceedings were still in progress when our
dispatch was made up.
The proceedings in this important case terminated
at half-past four. The Judge fined Mr. Whitty 51.
each on three cases of assault, and seven days' impri-
sonment each for two cases of alleged assault on the
officers of the court.

SEABORNE MAILS.
[N signifies that the mails are sent from the General Post-offlo
by the night—and M by the morning—dispatch.]