The Sun.
London, England, 1844-02-01 00:00:00

iHE SUN, LONDON, THURSDAY MORNING, FEBRUARY 1, 1844.

otherwise, might have upon myself or my personal inte-
rests. Ido not think any counsel is justified, even in
his public capacity, in attributing such unworthy and
unwarrantable motives to me, as that I could be influ-
awl in this case by any interests with respect to the
political party to which I belong. I did then, and Ido
st'll, feel very much offended at it —very much irritated
at such an allusiOn—andl consider that nu observation
which could be used could more strongly tend to excite
such a feeling. Certainly, if language of the kind
was not intended to convey a personal imputation
on myself, I cannot conceive anything easier than for
a gentleman to state that he had been misunderstood by
myself and my friends. These arc the circumstances, and
if there is any question to be properly brought before
the Court, whatever its rule may be, I perfectly cer-
tam it will not sanction 'any personal imputations on the
counsel who are engaged in conducting it.
MooriE Was about to make.some observation, when
Mr. FITZGIBBON again rose and said—l beg your
pardon ; allow me to address the Court. My Lords,
I could very well understand the good sense and pro-
priety on the part of the Attorney-General of calling
my attention-to anything which I said that might have
offended him, and- I could equally understand the pro-
priety of my acting in 'accordance with the -feelings and
principles of a gentleman, had he permitted me the op-
portunity of taking. that course which propriety would
dictate. I will not now :say what I might have done
under the circumstances, for that was not the way he
acted ; but, with a pistol in his hand, he says to me,
" I'll pistol you unless you make an apology ;" and I
cannot help telling him now, that such a course won't
draw an apology from me.
• Smite minutes elapsed without any further observation
having been made on either side, the Cotirt having
been engacred during the interval in consultation.
CHIEF f USTICE—Mr. Moore you were going to make
some observations awhile ago.
Mr. • MoortE—Really my Lord, I am afraid, after
what has lately occurred, of making any observaton at
all in the matter. What I was going to take the liberty
of suggesting to the Court, in reference to an occur-
rence which I am sure every individual member of the
bar, and the public, will equally regret, in a case like the
present, where the feelings of every person engaged on
the one side or on the other, are necessarily very much
excited, and in which I should hope every indulgence
might be extended to anything irregular that may
have occurred—what I was going to take the liberty of
suggesting was, that as there appears to exist a very
warm feeling im one side and on the other, an opportu-
tunity should be afforded of allowing that to subside, and
of removing on both sides any misconception that may
have previously existed. That was the proposition I
was going to to take the liberty of making. I cannot
attempt to justify what has taken place, nor am I au-
thorised to interfere in it; but from the position which
I have the honour to hold. and the sincere personal
regard I ,entertain for both gentlemen, I think it
might be desirable for their own sake, for. the interests
of the profession, and the sake of the public at large, that
the Court should allow some interval to elapse, in order
that those feelings may subside, and this most unpleasant
affair may be satisfactorily arranged.
CHIEF JUSTICE—The C6urt are very much indebted,
and very much obliged to you, Mr. Moore, for the part
you have taken, and the short explanation you have
given. The Court feel themselves placed in a very em-
barrassing and perplexing situation. They feel unwil-
ling to give any intimation of their opinion as to the-
propriety orAmpropriety of what has taken place in
Court, being-willing to make allowance for the excited
feelings of the gentlemen concerned in a ease of this na-
ture, which may carry them beyond what their cool judg-
ment would approve of. They, therefore, give no sort of
intimation at present of what their opinion is in regard to
the conduct of the gentlemen at either side pending the
trial of this case. They feel it to be a very embarrassing
case to be required to pronounce any sort of opinion
while a case of this nature, in which the public is so
much interested, is depending before the Court, the jury,
and the public at large ; and they also feel that of all
men in the profession, the Attorney-General is the last
man who ought to have allowed himself to be betrayed
into such an expression of Teeling as has been stated to
the Court as having taken place during our absence,
for although we were not personally present, it
,yet oc-
curred while the Court was sitting in the discharge of its
judicial functions.
The ATTORNEY-GENERAL7-I have to state, and my
friends tell me so, that the note was written very hastily;
but considering the position I was placed in, and the
strongly irritated feeling I was under, I concur in what
has been suggested to me, and I have no objection to
withdraw that letter, but I shall make no further turns
about. I feel that I was very badly dealt with, and I
leave it to the Court to consider what course the gentle-
man who used that language ought to adopt in regard to
what is clue to ine.
The CHIEF JUSTICE—The Court are bound to consi-
der what took place as if it occurred during the business
of the Court, and we cant by any possibility allow it to
go further. It must be put a stop to.;
Mr. Moore—l know liow very difficult a position lam
placed in ; but I would take the liberty of suggesting to
Mr. Fitzgibbon, after what has been said by the At-
torney-General, that he should admit that he 'has fallen
into an error, which any man may fall into ; and I only
suggest to hint what I would do myself if I were placed
in the same unpleasant situation.
Mr. FITZGIBB JN-Your Lordships have heard—and
all who are now present have heard—what fell from me
in the course of my, address to the jury. The-Attorney-
General has repeated what he sacs was taken down as
my language, and he says that IV imputed to him dis-
honourable motives—of being influenced in his public
conduct, in regard to these prosecutions, by the love
of place, or desire of place, or personal advantage to
himself. My Lords, that language did not come from
me—l-Carefully avoided it. I spoke of Lord Coke and
others being influenced by those feelings which every
public prosecutor was more'or' less influenced by in those
days, and which might appear to influence public
justice ; but I appeal to your Lordship? recollection
whether I ascribed to the Attorney-General one single
feeling dishonourable to him more than what I suggested
was thecause of unusual warmth in a public 'prosecutor
in all cases of this kind. I regret extremely that
the Attorney-General 'before he took the course lie
did, did not address me, for I stand here uncon-
scious of having either said anything or done any act
with the 'intention of Wounding the felings of another.
I never imputed personal motives of a dishonourable
nature to the Attorney-General. What I have done,
my Lords, in this case, and what I have said, I have said
and done in the discharge of what I conscientiously felt
to be the dutyl owed to my client. I did not speak of
him except in the opening of my address to the jury.
and in what terms did I speak of him then ? I spoke
of him as a gentleman in the best sense of the word_
I spoke of him as a lawyer in the best and most dig-
nified sense of the word. Such is the character and
extent of the language which I applied to him personally.
Did I not say all that in his behalf ; and did I not add
that my personal experience of him fully warranted
me in saying thus much? This was the extent of my
personal allesions to the Attorney-General, and if in
the subsequent part of my address I made any reference
to him, I did so in the discharge of the duty which, as
an advocate, I owe my client, and my remarks were
meant to apply to Ids conduct in the present case and to
nothing else. lam not disposed to claim as a right the
privilege of canvassing the conduct of the Attorney-
General. If it be a right it is to me a most painful one;
but when I am defending a gentleman who has done mC
the honour of confiding. to me his defence, where he is
accused of an atrocious ofience, I feel it to be my impera-
tive duty to analyse the official conduct of the first law
officer ef the Crown in the present case; but out of the
present easel will not travel. I spoke of the Attorney-
General as a public man, and as such only, in reference
to the present prosecution. I spoke of his-conduct in the
present case ; but out of the present case I did not for
a moment travel, nor did I allude to one solitary act of
his life unconnected with this trial ; and am I to be told
that I am to make an apology -to a gentleman who-,--
The CHIEF JUSTICE—You may have misunderstood
the Attorney-General, Mr. Fitzgibbon.
Mr. FITZGIBBON—My Lord, it is totally impossible
that I could have misunderstood him.
The CHIEF JUSTICE—Yes, but, Mr. Fitzgibbon, we
are all liable to fall - into error, and it is possible that
there may be misconceptions on both sides. ,
Mr. FITZGIBBON—My Lords, 'the first emotion of my
mind, when I got his note was—no, I will not say what
it was—mv second was to let him out of the difficulty
in which he had placed, himself.
[Here Mr. Fitzgibbon was handed in a piece of paper,
in shape not unlike that on which the alleged challenge
was written ; but he tore it across, and flung the frag-
ments under the table.
The CHIEF JUSTICE—I was going to say that the
whole matter had Lew been under the consideration of
the Court, and that there was no necessity to go any fur-
ther into a statement of the circumstances.
Mr. FITZGIBBON—I have been misunderstood, my
Lord. I do—
, CHIEF JUSTICE—The Attorney-General has with-
drawn the note he has addressed to you, Mr. Fitzgibbon.
He has expressed his regret that it was written, and
wishes it to be regarded as if it had never been written
He misunderstood you.

Mr. Fuzdinnorl—My Lords, any man must have
grossly misunderstood me who imputes to me the intention
of attributing base motives to any one in the discharge
of my professional duty. If I could for a moment
imagine that any man could conscientiously suppose me
capable of such gross conduct as that of imputing to
the Attorney-General. base motives—l having nothing
nn earth to say to his motives—l can only say that such
a man has grossly misinterpreted me. Were I, indeed,
capable of acting such a part I could never again esteem
or respect myself, and the direst punishment that could
befal me would be the self-reproach which would follow

me in every scene of my life. I only spoke of the
Attorney-General in his official character .as the law
adviser of the Crown ; and my remarks had only refer-
ence, I again repeat, to his conduct in the present case.
Mr. MooeE rose and said that the gentlemen at both
sides having given every explanation that could be ex-
pected from them, of whatever was disagreeable in this
distressing occurrence, he hoped that the matter might
now be fairly considered as :et at rest. He trusted that'
it would be passed over in silence and consigned to obli-
vion for ever.

The CIIIEr JUSTICE (after consulting with his bre-
thren) said that the Court felt exceedingly obliged to
Mr. Mo. A-e fur the part he haul .ftken 6n this perp'exing
and di-trrssing occasion. • The maul- was now at rest,
and the Court most earne-tly trusted that it would not
be necesstury hereafter to advert in any manner whatso-
prat' what Iluid ttuken plate. lie slim:id-hop,' it was not
_ _

-
neessary to ,say any More 'on tue matter than had been
already staled.
The ATTORNEY-GENERAL--I of course acquiesce in
every thing that has fallen from the Court. I have with-
drawn the note, and, inasmuch as I understood Mr.
Fitzgibbon to repudiate the idea, of imputing any un-
worthy or personal motives to me, I can only say I am
31tUied.