The Sun.
London, England, 1850-04-05 00:00:00

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publish in another part of the Morning '' - .f.L'_--7
- -s, Mr. Ball, accustomed in his early lite to ......,--
up of evidence for, prosecutions—accusto inq Si; Al 1-41
mature age to the duties of prosecuting- counsel—
states " that the evidence of the mother of the un-
fortunate girl, and the evidence of Mr. Turner, the
surgeon, bad wholly failed in bringing home -to the
prisoners the infliction of the blow which was the
cause of death." What then could Mr. Justice Tal-
fourd do? The judges are to give judgment accord-
ing to law, and what is alleged and proved, and not
according to their private knowledge or private feel-
ings. No man could have known Mr. Justice Tal-
fourd for a week without knowing that, of the 3,400
members of whom the bar and the judges is composed,
he is perhaps the very individual man who would be
most moved to burning indignation against such re-
volting cruelty as was sworn to against the Birds.
The, with all his tenderness fur human life, and
all his pity for human suffering, he is not the nsan to
condemn a Mother I3rownrigq, who, uccurding to
Caniiing, in the " Anti• Jacobin," " Whipped three
f-inale children to death, and hid them in the coal-
hole," unless by due course of law and according' to
the evidence. "Judsx bonus," says Coke, "nihi/ ex
arbitrio silo faciat nee propositio domesticce voluntatis,
sed juxta loges et Jura pronunciet ," and Dyer,' the
earliest reporter in Our law, says, "Judieis est judi-
care secundum allegata et probata." Tried by these
maxims, the summing-up of Mr. Justice Talfourd will
be found just what it ought to have been—just' what
every lawyer and geatleinan expected from a man of
his sense and standing in his profession. That the
view taken by the Learned Judge was the
right and the only proper one is further de-
monstrated in this—that the course adopted
by Justice Talfourd received the recognition
and assent of one of the ablest lawyers, and
one of the best judges and most humane men in
Westminster Hall—Mr. Justice Erle. The malig-
nant animus of the Times in making the charge, how-
ever, is very apparent, and peeps out in every line of
its three articles. True, says the Times, Sergeant
Talfourd never had a very high repute in Westmin-
ster Hall as a lawyer. Never was there a more
flagrant misrepresentation. For nearly seventeen
years Sergeant Talfourd led the Oxford Circuit (a
circuit which produced an Abbott, a Taunton, a
Campbell, a Maule, a Vaughan Williams, a Thomas
and John Jervis, and a Ludlow), and for nearly ten
years he divided the business in the Common Pleas
with the present Chief Justice of that court. How
a man can lead a circuit for seventeen years, and pos-
sess leading business in a superior court of law for
ten years or more, without being a sound lawyer,
we do not ourselves very well see, nor, we
.may
remark, does the profession at large. When the
Times states that it will not condescend to answer
the accusation of being actuated by feelings of ani-
mosity against Justice Talfourd, it acts judiciously.
The deliberate, the cruel, and the unjust attempt of
the Times, in 1845, to exclude Sergeant Talfourd's
name from the Oxford Circuit reports, is not for-
gotten, and was then indignantly stigmatised in the
Chronicle, which now joins the Times in its ignoble
and unworthy efforts against a most amiable man,
and a most able and learned judge. The rarest part
of the joke, however, is, that the Times now asserts,
" he came forward to do what he could to promote
the elevation of Sergeant Talfourd." It is very true
that two days after Sergeant Talfourd .had
been elevated, the Times encumbered with
its help in a rather patronising article,
a man whose claims had been put forth
ten, six, and three days previously in this journal.
The modesty of this tradesmanlike attempt of the
Times to trace the appointment to its supposed in-
fluence, we exposed somewhere about the middle of
last July. If the Times supposes that by the reite-
ration of this baseless assertion it can induce any
human being to think it bears no malice to Justice
Talfourd, it hugely deceives itself. Its animus is
proved by its refusal to insert the calm and temperate
letter of Mr. Ball, which .we print to-day. To the
Learned Judge, to whom that letter refers, we say, in
the words of Cuke—" Fear not to do right to all, and
to deliver your opinions justly according to the laws,
forfear is nothing but a betraying of the succours that
reason should afford. And if you shall sincerely
execute justice, be assured of three things—first,
though some may malign you, yet God will give you
his blessing; secondly, that though thereby you may
offend great men and favourites, yet you shall have
the favourable kindness of the Almighty, and be his
favourite; and, lastly, that in so doing, against all
scandalous somplaints and pragmatical devices against
you, God will defend you as with a shield."
* 7 Rep., 27. t Dyer's Rep., 12.

THE ARMY.

On Tuesday morning, from six to eight o'clock,
Major-General Prince George of Cambridge, attended
by Colonel Manse], Q. M. General, superintended the
departure in Dublin of the Ist Royals by the Great
Western Railway for Limerick ; 48th by the Mul-
lingar Railway fur Athlone; head-quarters 2d
Queens by Drogheda B,Lilway for Newry ; part of
the 55th by Great Western for New Ross and Wex-
ford, and a squadron IGth Lancers to Kilkenny. In
this great body of troops there was not observed a
single disorderly man—everything being carried on
with order, regularity, and good discipline.
THE MAILTELLO TOWELS. AT LEITH —This tower
has just been completed under the directions of
Lieutenant-Colonel Yule, of the Royal Engineers,
and it will probably be taken in charge by a party of
the Royal Artillery from Leith Fort. It contains
two barrack-roomr, store-room, powder magazine,
tanks, and other conveniences. On the top will be
placed three large guns.—Scotsnzan.