The Sun.
London, England, 1850-02-04 00:00:00

character which he has acquired during a professional
career in which he has attained the very highest rank
in his dignified profession—but he did more. He
even surpassed himself. He was more than equal to
the occasion, and whether we consider the professional
learning and legal research exhibited, the fervid and
glowing eloquence, the depth and intensity of warm•
hearted and generous feeling, or the close and logical
reasoning on the multifarious topics introduced—
on every portion, however minute, of the studiously
entangled and elaborately complicated case, we must
regard with equal surprise and admiration the tri
umph achieved by that accomplished lawyer.
In one portion of his effective speech' the Learned
Sergeant felt called upon to repel the vile and un-
warranted aspersions that bad been untruly cast
upon his own conduct in reference to this transaction.
It was secretly insinuated—the malignant calumnia-
tors dared not to assert openly—that he had violated
the etiquette cf the proftssion of which he is one of
the brightest ornaments, by accepting a brief on the
chances of success and of his fee being subsequently
raised. The Learned Sergeant rebutted this infamous
and mendacious hint (we cannot call " assertion") in
the becoming language of honest indignation. He em-
phatically declared "that he never did and never would
hold a brief on the terms of no cure no pay,' and
that although there were cases which might some-
times induce him to remit the fee, he felt it would be
disgraceful to him if he consented to hold a brief on
the terms upon which it had been erroneously stated
he had done."

The real circumstance of the case to which it has
thus been attempted to give a malignant and slande-
rous interpretation, are so honourable to the Learned
sergeant, that we cannot refrain from giving the ac-
count of the transaction contained in Mr. BARBER'S
highly interesting pamphlet.* _ _

We have reason to know that the above is not a
solitary instance of the unbounded liberality and dis-
interested generosity of the Learned Sergeant—not
only his invaluable professional services, but even his
private resources, have been freely placed at the dis-
posal of those whom he knew to be the victims of
untoward circumstances, and objects deserving of
smypathy and compassion rather than oppression and
persecution. His purse has ever been open to
those afflicted in mind, body, or estate, who required
and merited pecuniary aid. There are many mem-
bers of his high profession :who exhibit a laudable
anxiety to relieve the distressed in any and every
form, but never have we hitherto heard of reproach
and censure being recklessly dealt out for that which
constituted the highest and most enduring com-
mendation.

His Learned opponent, Sir FREDERICK THESIGER,
also thought fit to reprove the noble warmth exhi-
bited by Sergeant WILKINS. He said, " the mode in
which his Learned Friend had identified himself
with his client might be very generous, but it cer-
tainly was irregular, and somewhat embarrassing to
the advocate opposed to him." We would venture to
inquire, where was the identification, where the irre-
gularity ? He declared that "he had spoken with
more warmth and feeling than war, perhaps, proper
in addressing a higher order of intellects, but he con
fessed that he felt so deeply in the case that he could
sacrifice any prospects of success in his profession,
could he but live to see the day when WILLIA
HENRY B♦RRER, his friend—for such he called him
—should regain his position in society. He should
consider, if that end were attained, that he bad not
lived in vain." The feelings of the Learned Gentle-
man overpowered him for some moments, and he was
obliged to pause for a brief period in order to recover
his self-possession.
Such sympathy with an accused person, such ge-
❑erous devotion, is unfortunately but rarely exhibited
in courts of justice. Would to GOD it were oftener
the case, that the advocate might never forget that he
was also ♦ MAN, and that he should not unduly press
upon a suffering fellow-creature for the mere sake of
showing his own ability and sharpness. We have
often heard that

" Wretches bang that jurymen may dine;"
we fear it may with equal truth be alleged that inno-
cent men have been convicted, and the entire prospects
of their lives blighted, nay, their very lives forfeited
upon the ignominious scaffold, because the counsel for
the prosecution desired to obtain a triumph over his
learned opponent.
Such cases are not indeed of every-day occurrence.
We rejoice to say that the great majority of barristers
would be incapable of such conduct in criminal cases;
but there are exceptions to the general rule, and we
must confess that we should have been bettor pleased
had Sir FREDERICK TUESIGER, under the peculiar
circumstances of the present case, exhibited less of the
zeal of the nisi prius advocate.

" Of course, when I was in prison my credit was
stopped, and those indebted to me, not knowing what
course affairs would take, demurred to paying me. I
was unwilling to sacrifice my books and furniture by a
sale, believing that as the facts became better known to
the prosecutors, I should be released; they thus fell a
prey to my panic-stricken landlord and other creditors—
not a single article was saved to me—my books, scien •
tific instruments, and articles upon which I set an espe-
cial value, were all swept away; in a short time the
small sum at my command was exhausted. I became
literally penniless, and, but for the generosity of a few
steadfast friends, I should have been driven upon the
gaol allowance long before my trial. I lost my counsel,
Mr. Chambers, because I could no longer pay him his
five guineas per day for attending the almost endless
hearings. My solicitor next declared, that in justice to
his family, he could no longer devote his time to my ser-
vice without suitable advances. In this deplorable con-
dition, another gentleman (with a generosity, for which
I shall ever be gratt ful) came forward and offered to de-
vote his personal labour, but naturally observing that he
could not undertake to provide the outlay. He men-
tioned my condition to Mr. Parry, a talented gentleman
just called to the bar, and who, recollecting me as the
secretary :of The Legal Discussion Society, and more
recently as an active member of the committee of the
Southwark Literary Institution, at once offered to
attend for me before the Lord Mayor. I was then re-
duced to the most humiliating Bpi. eats for the means of
existence, and to provide for the indispensable current
outlay; but such was the prejudice which false, dis-
torted, and ex park representations created in the public
mind, that even my friends tecame lukewarm, and the
subscription was less than I had many a time procured for
a distressed family in a few days, and from entire strangers;
the consequence was, that much important evid•-ice
from Bath, Bristol, and other places, was nut obtained—
the procuring of subi corms was delayed so late that some
witnesses were not secured, and even the copies of the
depositions were not had in sufficient time to obtain full
and proper advice upon the evidence.
" I had retained Mr. Thesiger, but the payment of his
fee was impossible. Mr. Wilkins was made acquainted
with my forlorn situation, and most magnanimously
consented to receive my papers, with such a fee as I
might be able t) command. Most unfortunately too, ray
solicitor was prevented by illness from attending the
trial, and thus I lost the great value of his superin-
tendence, as well as his very important evidence."—Case
of W. H. Barber, pp. 58-9.

We would fain call the attention of every reformer
to the notice which was given on Friday in the House
of Commons by the Hon. F. HENRY F. BERKELEY,
M.P. for Bristol,:of his intention to bring forward,
on an early day, the question of the Ballot
We understand the motion of the 'honour-
able Member for Bristol will be seconded by
Lord DUDLEY STUART. In the meantime we call
upon all those who are electors, or who expect or de-
sire to be such, to lose no time in pe-
titioning in favour of Mr. BERKELEY'S mo-
tion. The cause of the Ballot has been triumphant
on one occasion in the course of the present Parli•
ment ; and if its supporters bestir themselves there is
no reason why it should not again triumph, but to
ensure this no time must be lost. Petition, therefore,
for the BaIIot—PETITION ! PETITION ! PETITION!

THE QUEEN'S SPEECII.—(From a Correspondent.)
—The proprietor of the City Reading Rooms at Ox-
ford was supplie 1 by the enterprising news-agents,
Messrs. Clayton and Son, of 265, Strand, with twenty•
five copies of The Sun newspaper, containing the Queen's
Speech, by a quarter-past five the same afternoon, which
was a great boon to the subscribers, who flocked to the
rooms in numbers to peruse a document fraught with so
much interest.

The energy and spirit cf the Messrs. Johnston, of
Dublin, has put us in possessio❑ cf The Sun novespaper,
containing the Queen's Speech, eleven hours sooner than
it could arrira by the ordinary mail. Upon many for-
mer occasions we have borne testimony to the •nterpris►
of this eminent firm, who have founded in Ireland an
eatire!y new business, and prosecuted it with extraordi-
nary success; and the present is not the least remarkable
cf their achievements in furnishing rapid intelligence.—
Cork Examiner of Friday.

GUTTA PERCZIA.—The importations of this now
exceedingly useful and important article of merchandise,
continue to take place in very considerable quantiti, s.
.1 he vessel Justit a, from the Cape d Good Hope and
Singapore, has brought 11,593 blocks, besides a quan-
tity in bags, of the article; and the vessel Enterprise
has also brought 5,453 blocks of the article, consigned
to ord...

THE FRENCH REPUBLIC.

We have received the Paris journals of Saturday
and yesterday.
On Saturday the Ministers suffered a serious de-
feat in the Assembly. They proposed to make St.
Etienne the residence of the Prefect of the Loiret
instead of Montbrison on the ground that as Mont-
brison was a mere village and St. Etienne a large
manufacturing town, and the head quarters of Social-
ism, it was for the public good that the Prefect, the
official preserver of order, should reside at the latter
place. The Reds were, of course, opposed to the
measure, and on this occasion they were joined by
the parti-pretre and LegitimatistF, so that on a
division the Ministers were defeated by a majority
of 7.5, the numbers being, for the proposition: 260,
against it 335.
A. second division took place on a proposition of
M. DESALOUSSEAUX DE Givar, for reinstating the ma-
gistrates of the Court of Accountancy-General, dis-
missed by decree of the Provisional Government,
April 8, 1848. The proposition was carried by a
majority of 335 to 158, and the Chamber adjourned
at a quarter past six o'clock.
The Constitutionnel expresses an opinion that the
dispute between England and Greece, notwithstand-
ing its present formidable appearance, will be settled
ultimately without disturbing the peace of Europe.
The same journal states that there will be no
foreign intervention in the affairs of Switzerland, as
the Fedepl Government has taken measures for the
expulsion of the foreign refugees or for their con-
finement in the interior. General DUFOUR will he
authorised to carry out the decree of the Federal
Government in any of the refractory; cantons.
The Grand Council, of the canton of Vaud lately
approved by a majority of 140 the decision of the
Federal Government for the expulsion or confine-
ment of those refugees who were conspiring.
Count LADISLAUS TIL➢XI and M. PIILSZLY have
addressed letters to the Journal des Dads, contra-
dicting a statement in the journal le Napoleon, to the
effect that revolutionary committee• had been estab-
Haled in the principal cities of Jurope, in corre-
spondence with a central committee in London
directed by MAzZINI, L➢DRU ROLLIN, STRUV➢, And
PULMICY.

It is said in Paris that the cause of the sud-
den steps adopted by the British Ambassador at
Athens, was the discovery of an intrigue to
place on the throne of France the Prince
DB LEUCHTENBERG, the cousin of the PRESI-
DENT, and the son-in-law of the CZAR. The
Prince would reign under the protection of Russia,
and the object of the mission of Count STROGONOW to
Paris is to carry out this intrigue. Such is the ac-
count of the Prase, which has always been
.hitherto
well informed on Russian affairs..

The Presse also has the following :
" Yesterday, at four o'clock in the morning, Paris was
threatened with a little emeute. Some agents of the
police wished to cut down the tree of liberty in the
Parois de Notre Dame; but a crowd of workmen opposed
it in such a w ay that the agents were for a moment com-
pelled to withdraw. The workmen took advantage of
their absence to fasten to the tree a brass plate, with this
inscription:—
" • A Monseigneur Affre, Archeveque de Paris pour
son devouement l'humanite, en Juin, 1848.'
Now we do not fear, we
" They then retired, saying,
have no dread of that tree being cut down, it is undec
the protection of the archbishop.' "
The Committee of the Budget yesterday decided
that, in the Bill presented by the Government rela-
tive to duties on legacies and dotations, the differences
which have hitherto existed in the duties between
real and personal property shall cease. The Govern
ment had proposed to raise the duties on personal
property to two thirds of those levied on real pro-
perty. The Committee has declared itself in favour
of an equality between the two kinds of inheritance.
The Opinion Publique has the following :
"According to information which we have re •
ceived, it is not a reunion, according to the
meaning generally attributed to Parliamen-
tary meetings, which has just been formed by
a portion of the majority of the National Assembly ;
it is a oerolo, for which the honourable members have
hired the rooms formerly occupied at the Cafe de
Paris by a rival to the Jockey Club. Representatives
alone are admitted. There is no permanent presi-
dent or constituted bureau. The club will be open
every day for reading the journals, conversation, card
playing, &c. When it is wished to examine any
question on the order of the day, a special convocation
of all the members will take place, and one of them
will be called to preside. About 150 representatives
have already inscribed their names. It does not ap-
pear that the apartment which has been engaged, and
which only consists of two rooms on the ground
floor, can contain more than 200. The new club was
opened on Thursday evening for the first time."
The Constitutionnel gives en alarming account of
the state of Lyons. The Credit, in allusion to the
statement of the Constitutionnel, says—" We have
no reason for attaching credit to the alarming ru-
mours spread by the Constitutionnel ; all our letter.,
on the contrary, concur in stating that labour has
resumed its activity at Lyons, that the rate of wages
has increased, and that the population is calm."
M. PIICATORY, at the request of the Minister for
Foreign Affairs, postponed fur a week the interpella-
lions of which he had given notice on the subject of
the recent events in Greece.
On Friday M. LAMARTINE took his seat in the
Assembly for the first time since his election. lie
took his place near the Mountain. General Ca vsic-
NAC was among the first to greet him.
The fact of General CIIAIWARICIER'S name appear-
ing in the list of those who voted against the Minis-
terial Bill for making St Etienne the chief town of
the department of the Loire, in place of Montbieson,
has excited some attention, and has given occasion for
a thousand rumours.

The Napoleon, speaking of the blockade of Athens
by Sir W. PARSER, says—
" We are disposed to believe that the English Minis-
ter at Athens has exceeded his instructions, otherwise
we can scarcely underttind that the Government of
Great Britain should not have informed the French Go-
vernment of such violent measures, particularly after
the imposing unison exhibited by the simultaneous ap-
pearance in the East of the French and English fleets."
The same journal has the following on the affairs
of Switzerland :

" A good deal has been said about a communication
alleged to have been made by the representatives of
Austria and Prussia to the French Government with the
view of coming to an understanding on the right of
asylum granted to the refugees in Switzerland. This
communication has net, we have reason to believe, the
importance attributed to it. The limitropbic powers of
Switzerland are very naturally desirous of preventing
the refugees from availing themselves of their residence
near those powers to revolutionize their states, and they
unquestionably are right to take the necessary steps to
avoid the danger. But France is not disposed to forget,
in any case, the rights of her ancient ally and the friend-
ship which unites the two nations. Moreover, the Pr* -
sident of tie Republic cannot be expected t, forget the
hospi'ality he fund in Switzerland during so many
years, and the protection he fmnd there against the un-
just pretensions cf the Government of Louis Phillippe."
It appears that the new Orleanist club which holds
its sittings in the Café de Paris has not been so suc-
cessful in recruiting members as the founders ex-
pected.
At its first meeting M. T
W 110: was
expected to take the chair, did not make his appear-
ance. The absence of Count MOLE, M. DARU, the
Duke DE MONTEBELLO, and the Count DE MON-
TALEMRERT, .was likewise noticed. The Duke DB
BROGLIE, MM. LION FAUCHER and PISCATORY, at-
tenled, and were supported by fifty faithful ad-
herents.
-

The Fire per Cent'. were done in the passage of
the Opera at 94f. 40c.
BUSINESS DONE IN FOREIGN RAILWAYS AT THE
LONDON STOCK-EXCHANGE, F. 2.

Anglo-ItTlian—Ciaieitilion and AustriinY,l—Boulogne
and Amiens, 7% Rouen and Havre, 10—Sambre 'and
Mews, 2%.

SPAIN.

Madrid journals of the 29th ult. have arrived.
In the Chamber of Deputies on the 28th a proposi-
tion was presented, to the effect that on the vote on
the Bill for levying the taxes the Deputies, who are
public functionaries, should refrain from voting.
This would, it was expected, give rise to stormy de-
bates. The Minister of the Interior, Count DH SAN
LOUIE', had withdrawn a complaint he had laid against
the Nacion for libel, that journal having retracted its
assertions, and made an ample apology.
MADRID BOLS•, JAN. 29.—Three per Cents., 29i ;
Five per Cents., 13, both paper. Exchange on Lou-
don, 60 35.