The Sun.
London, England, 1834-02-19 00:00:00

COURT OF CHANCERY, FEB. 18.

PITT V. TOKELER.
Mr. Pitt appeared to move for the discharge of an order
made by his Honor the Vice-Chancellor of the 17th of
March last, as well as all subsequent orders thereon and arising
therefrom on the ground of irregularity, &c.
The LORD CHANCELLOR thought it right to inform Mr. Pitt
to what he felt bound to confine him on the present occasion.
The notice of motion was very multifarious—some parts the
court could, and some parts it could not hear. It would hear
that part only which related to the discharge of the Vice-Chan-
cellor's order, and of the attachment upon which Mr. Pitt had
been taken into custody. All other parts Mr. Pitt might bring
forward, but they would have to come on regularly in their order.
Mr. Pitt then stated he should confine himself as strictly as
possible to the line prescribed by the Court. The irregularity
he complained of was that according to the minute of the order
made by his Honour on the 7th of March, the foundation of all
subsequent proceedings, he (Mr. Pitt) was not to be pre-
judiced by that order in taking possession of certain premises.
His opponents acted upon that order so expressed. They had
forwarded to him a supposed draft of a supposed reference. He
stated that that was not the draft to which he was entitled,
and that it would have to be settled by the Master, because,
according to the Court order, he was to receive the premises in
the same state in which they had been, and without being
prejudiced thereby. Not only had he that draft, but he
had the bill of costs of the solicitors, in which there was a
charge made for taking the steps required by that minute.
From that time, however, to the present the minute had re-
mained its statu quo, and until the exigency of that order was
complied with, he contended the !aches were not with him, but
with the other side, and that they could not proceed to attach
him as they had done, until after they had complied with the
strict intention of the Vice-Chancellor. It had been said that
every body was to look up to a Court of Justice with an expec-
tation that the strictest construction would be applied in favour
of justice to both sides, and he had now to rely upon that prin.
ciple. Speaking allegorically, if he might be allowed to advert
to his profession, from which he had been torn by these
unjust proceedings, it might hardly be necessary for him to state
before so experienced an individual as his Lordship, that pro.
vided a bad brick was laid on the foundation of an edifice, the
superstructure must fall. In the present instance, he called
upon the Court, as the great superintending workman, to de-
dare that as irregularity had characterised the present pro-
ceedings from the very first outset, all that had been built
thereon must come down. He felt sorry that he had been re-
strained from disclosing, by the intimation from the Court,
acts of the grossest outrage towards him that had ever been
committed against any individual, and in his Lordship's name.
The LORD CHANCELLOR observed, that he hoped Mr. Pitt
would not understand he had restrained him from making a dis-
closure of any and every grievance he might have to complain
of; he only desired to inform him, that, by the practice of the
Court, he could only have an opportunity of doing so when it
came to his turn, with the other suitors, to address the Court.
He felt bound to do Mr. Pitt the justice of saying, that he had
commenced this morning, by saying he would lay his case as
hortly before the Court as gentlemen at the bar were in the
habit of doing; he had indeed done so—nay, he had stated it
so distinctly and concisely, as that the Court hoped the gen-
tlemen at the bar would take an example from the manner
in which Mr. Pitt had stated his case.

Mr. Pitt claimed no superiority to himself ; he only wished
to have the privilege that was granted by Alfred the Great,
that when a man could come forward and tell his own plain
story he should be permitted to do so. At the Throne here-
after, before which all pleaders must appear, no particular cos.
tume would be found to insure a passport there. An equal op-
portunity of pleading and of admittance would be awarded to the
meanest mendicant as to the highest personage; and as long as
he conducted himself decorously in that Court to his Lordship
he had a right to be heard in calling for its protection and in-
terference, notwithstanding he wore not the costume of the
bar. An inferior Judge had not seemed to think so—an infe-
rior Judge, and one whose salary should be opposed by him
when the county rates came to be levied—(Much laughter)—
because of his improper conduct and his unfitness to be conti-
nued even an inferior Judge.

The LORD CHANCELLOR thought that now the better
way would be for him to look at the affidavits, and to refer the
question of whether certain costs had been paid under certain
orders or not, which seemed to be in dispute, also, to Mr.
Bedwell.

Mr. Pitt would most happily accede to the proposition.

The Loen CHA?4CLLEORsupposed the Learned Counsel on
the other side would not object to it, as they could have no wish
but to be paid.
Mr. BACON did not object, and in this manner the thing for
the present was disposed of.

COURT OF KING'S BENCH, FEB. 18.