The Sun.
London, England, 1851-09-05 00:00:00

LONDON,

as much annals of the crimes gone by as the history
of CLAUDE DUVAL or the biography of RICHARD
TURPIN.

Although so little was accomplished during the
past session of Parliament, it cannot be looked upon
as a legislative blank, without some redeeming fea-
ture to rescue the year 1851 from general animad-
version. A measure of no ordinary importance, in-
troducing a much required legal reform, which had
long been discussed, and in favour of which the voice
of public opinion bad been unequivocally uplifted, was
carried through its various stages, and became the law
of the land. The Law of Evidence:Bill narrowly escaped
the shoals and quicksands, by means whereof so many
of ifs companions were wrecked before arriving in
harbour. It was only at the last moment that it
passed the House of Commons, the amendments of
the Upper House having been unconditionally ac-
cepted. The slightest delay or hesitation would have
been fatal to the measure. The demand even of a
conference would have rendered the labour that had
been expended comparatively valueless, and it would
have shared the fate of the Patent Laws Amendment
Bill, the County Courts Extension Bill, and others,
that were rejected at the eleventh hour, not from any
inherent defects, but because due consideration could
not be given to the alterations that bad been intro-
duced in the other branch of the Legislature.
Although the Bill was thus carried at the eleventh
hour, it could not be said that it was rashly approved
of, or sanctioned without ample time for deliberation
on its principles and details. The admission of the
testimony of parties bad been one of the favourite
doctrines of the illustrious BENTHAM, a man whose
extraordinary merits are at length recognised and
appreciated principally through the labours of his
most distinguished disciple—an whom his mantle de-
scended with double power—HENRY Lord BROUGHAM,
the greatest law reformer of the present, or perhaps
we may say of any age. 'When we consider the facts
of the case it will only appear strange that a matter
so obvious should have been so long delayed, when it
was already recognised in all proceedings in courts
of equity, and also on all disputed motions relating
to the equitable jurisdictions of the common law courts.
It is true that it was admitted in the most ques-
tionable form—where theremedy, " a vice' voce cross-
examination," which might have corrected any pos-
sible danger, was excluded—but it was admitted ; and
notwithstanding the manifest objection that existed
we have never heard any sufficient grounds put for-
ward for an alteration in the practice.
In Chancery every defendant must put in his
answer on oath, and must reply to every interroga-
tory respecting the subject-matter of the suit which
his opponent may please to exhibit. He can also
obtain the testimony of the plaintiff, by filing a cross bill
whenever the magnitude of the subject in dispute
renders it advisable to incur the heavy expenses of such a
proceeding. A bill of discovery may also be filed, to
which an answer on oath must be returned, which will
be admissuble in any proceedings in a court of
common law. Here, then, we find that the evidence
of the parties might have been obtained in a documen-
tary form long before the enactments now under
notice were brought on the tapir. But the advantage
could only be obtained at a heavy outlay and with
very considerable loss of time. These impedi-
ments acted as practical prohibitions in all cases
where the suitors were nut exceedingly wealthy, and
enabled to submit to delays and expenses that would
be ruinous under ordinary circumstances, and if the
new Act only remedied that acknowledged evil, and
afforded the requisite facilities for setting the existing
machinery in motion, it would be an improve-
ment that would command universal approval.
But it does far more : it not only admits the evi-
dence of the parties themselves, but gives it in the
most unexceptionable form, and subjects it to the
most stringent tests. If an ordinary witness shrinks
from the ordeal of a cross-examination, where there
is nothing but the skill of a practised and experienced
advocate, uninstructed as to the exact circumstances,
to lead him into contradictions, how much more
formidable must it be to a party in the cause where
all the details of the transaction have been explained
to the opposing counsel by his client ! He must nar-
rate the most minute circumstances, give explana-
tions at the moment, that would perplex and puzzle

the most acute perverter of the truth. However
debased and demoralized may be the mind of the
witness, however anxious he may be to convey
a false impression to the judge or jury, he will
hesitate before he encounters so serious a risk,
in which the chances of detection and exposure are
so numerous. In place of acting as an incentive to
perjury (as some timid, and perhaps interested parties
have asserted), we believe that it will afford the best
safeguard and guarantee against the infamous prac-
tice, and that it will more than realize the most
sanguine anticipations that have been entertained
by its advocates and supporters as to its practical ope-
ration.

We rejoice to find that the speech of its distin-
guished author, Lord BROUGHAM, on proposing the
second reading of the Bill in the House of Lords, has
just been published," together with a preface pointing
cat the various stages of public feeling in reference
to the subject; and also a copy of the Act as it
eventually passed the Legislature. It may be con-
sidered a" painting of the rose" to say anything in
favour of an oration of the greatest living law reformer,
on a subject to which he has devoted so much time,
attention, and almost unceasing labour. We shall,
therefore, only state that it is in every respect worthy
of its author, that it will add an additional wreath
to the crown which Lord BROUGHAM will

wear, we trust, for many, many years, and
which will carry down his name to future
generations as one of the benefactors of mankind,
who succeeded in removing some of the most flag-
rant and prominent abuses that disgraced the law cf
his native land, and in introducing a system that
ensured equal and impartial justice to all, without
exception, to the poor as well as to the rich.
" The Law of Evidence Bill; with Lord Brougham's
Speech on opening it, Friday, April 11, 1851." Second
Edition; with a Prttace on the Amendments. James
Ridgway, Piccadilly.

PROROGATION Or PARLIAMENT.—Parliament was
yesterday prorogued by Royal Commission to Tuesday, the
4th of November. No material alterations have been ef-
.

fected in the House during the vacation. The Commons
were represented, as usual, by the Clerk of the House. A
great number of ladies attended to see the ceremony, and the
throne, as well as the chairs of Prince Albert and the Prince
of Wales, were uncovered.

ANOTHER Low TlDE.—Yesterday morning the
river again presented a very remarkable appearance, in con-
sequence of the tide falling much lower than usual, which
rendered the navigation of steam-boats and other craft very
difficult, especially above Hungerford-bridge, where the
river seemed as narrow as a canal.

DEATH OF SIR WILLIAM PARKE.—This gentle-
man expired at his seat, Dunally, in the county of Sligo, on
the Ist inst., after a protracted illness, aged 73. He for
many years filled the office of deputy-lieutenant and justice
of the peace for the county of Sligo, and was formerly Lieu-
tenant-Colonel of her Majesty's 66th Regiment. He obtained
a gold medal for his military services in Egypt, in 1801, and
the war medal with three clasps, bearing the names of
" Corunna," " Yimiera," and " Eg3 pt, for his services in the
Peninsular campaign. He was also in. the expedition to
Welchem, in 1799, and was with the regiment at St. Helena
during the exile of Napoleon Bonaparte. He married, in
1813, Louisa, daughter of Charles Johnstone, Esq., of Lud-
low, Salop.--Dublin Evening Mall.

FRIGHTFUL OCCURRENCE NEAR THE EXHIBITION.
—Yesterday information was sent to Mr. Bedford, the co-
roner, of a most deplorable death, which took place on the
previous evening at Knightsbridge, close to the Great Exhi-
bition. The road was very much crowded at the time with
the vehicles returning with some of the company who had
in the course of the day been to the Exhibition. A middle-
aged woman, named Jane Holloway, the wife of a soldier in
the Life Guards, attempted to cress the highway, when she
was knocked down by an omnibus which was going to
Hackney, and besides being trampled on by the horses, the
wheels seem to have passed over her body. The driver,
as soon as he found what had happened, stopped his horses,
and the unfortunate woman was raised up, but no appear-
ance of life remained. The conductor instantly conveyed
her to St. George's Hospital, when the surgeons, on exa-
mining her, pronounced her quite dead, but the nature of the
injuries have not yet been ascertained.

BANGOR AND CARNARVON RAILWAY.—This im-
portant branch of railway, for the convenience of the southern
and western part of Carnarvonshire, is fast progressing. The
ground between Port Dinorwic and Carnarvon has teen cut,
and it is confidently expected that the line will be open for
traffic before Christmas. We are desirous of giving honour
to those to whom honour is due, and we are bound to say
that Carnarvonshire is under a debt of gratitude to T. A.
Smith, Esq., and his agents, for the general and active part
they have taken in the furtherance of this desirable specula-
tion.—North Wales Chronicle.

THE SEE OF GLOUCESTER AND BRISTOL—The
petition to her Majesty for the establishment of a distinct
see for Gloucester has been forwarded by Lord Redesdale to
Sir George Grey for presentation to her Majesty. Appended
to it are the names of 169 of the parochial clergy of fhe
diocese of Gl,ucester, of 227 churchwardens, and of a large
number of the nobility, magistrates, and gentry of the
county, making altogether upwards of 1,300 eignatures.--Buth
and Cheltenham Gazette.