The Sun.
London, England, 1819-10-18 00:00:00

trials %OH be concluded this day, and therefore
Hunt's may 'lake precedence of mine.
The Chief Justice.—lf it is a mere question
'of priority, it ia'not wise of you to show that
object.

The Attorney-General.-7My Lord, 'I should
be extremely totwOrthy_Of the_sitnation I fill if 1
were to press' hirward the trial of the defendant
in the situationt which 'be has'described: I beg
leave to remind him;however,Jhat_ upon his ap-
plication to vie a *oath before .these sittings, as
to the probability of these causes corning orr-A
distinctly told him they it,rie to come on at the'Se
sit eings,-and- that that which has been- already
tried would be taken first. I.canunt think, under
these eircionstancis, that the defendable `oatrjust-
t •-
compoitn of being taken by siirprize,' par-
ticularlv;:as he• knew the wier which they
stood.—['Jhe infortmition ,tor• Abe seditious libel
stood second on the lkt, and :was announced as
such by the defendant himself, in printed litts of
the Juries which he circuisteAl—At the same
eirpeJ have no hesitation in saying, it, he truly
states,' and I -presume he states truly what be
"does:litate, that he has been taken by'surprise,
will not press on Am -trial • But, in justice•to his
Lordship and to other suitors in this Court, I
think, if the case stands- over at all, it should
"stand over 'to x future sitting.
The Chief J'ustice•lf it stands over; it cannot
be taken again- aluring these sittings, and must
stand over, probably, ta,. the ,sittings atter next
Term. it cannhJrdly-be-cZpected that the defen-
dant, when he 'lets this Court yesterday,' did not
,expect, or at• least t.iiink it probable, that 'this
cause, would cotu,on, although he might not. be
certain.

Mr. Gurney—l thought I bad stated it distinctly
in his hearing. .
• 'Die Chief.liatice—fle 'states that he did not
knoki; it. The Attorney• General, however„ says,
if .he is not ready, that he. will not take'hirn by
surprise, and will consent to its standing, over.--
It would be extremely inconvenient to other suit-
:ors, of whom are waiting their turn, not
to ree.aive.theadministration of justice in the due
course. What has been saii,l is extremely proper..
The defendant has his choice ; he may either have
his cause tried now, or have itstand-over.
Mr. Carli:e—l beg leave to explain. The im-
-pressibwon niy mitrd, in.consegnenee of the. At-
torney-General not 'following up the-first infor-
mation filed by hint, by .t he dial of this --
_ The Chief Justice:—You will now make your
elect ion.
Carlile—Then I will defer it.
The•tvial W4l in'consequence postponed. The
Jury lift was then ,called over, and•those who were
in attendancefAcceivcd the usual remuneration of

a guinea each. ' • , ,
,
Aar. Gurney. here intimated, that .Mr. Scarlett,
who %as C.nu.nsel for the defendant in the next
case, not expe-Ong sct_ 'termination to the
business which had been fixed for the attention of
the Cowl, bactli.ot Yet arrived.
Mr. Htint-7zis,my trial 'to come on now, or ant
Ito lie subject t.ti further. delay I •
• The Chief Justiee—Mr.llunt, -do you wish your
trial to come on in 'the absence of the defendant,
who, not: awafe.that .this.course would betaken,
is not present
Mr. Hunt-,No, my Lord ; I do. not wish to
take th-at advantage of !the defendant, although I
think he would take it of me.
Mr; Gnrney--You: have no right
,to'ruake such
an observation.

Mr. Hunt—lt- is my opinion, and I have as
good a right to give-an opinion as any other man.
The Chief,Justice—lf you do not conduct.your!.
self with that decorum which ought to be 'pre-
served, you will force me to tell you that you have
no right fo be heard here at all. are apply-
ing to the laws of your country for justice, "and
you must make your application in a legal man-
ner% I shall now retire for a short- time to .givb
the defendant time to be apprised that his cause
has been called on.
Mr. Hunt-1 know
The Chief Justice-1 will hear.no.more.
Mr. Hunt—l only .wish to say,. my Lord, that
,know the defendant.had-legal_notice.given to him.
- After the lapse of a few minutes, Mr. Scarlett
entered the Court. Mr. Bellamy then inquired
'of Mr.' Hunt,- if he were ready to proceed.
•-L24lr. Hunt—Quite reedy, Sir.
Notice was. then given to the Chief Justice that
the Counsel for the defendant had arrived; and his
Lordship iramedately returned to-the Beach.
,Mr,' Bellamy then -proceeded-to call over the
names of the Jury, who were to try the same,
preparatory -to their being acorn. . .
. The ChielJustice remarked to Mr; Hunt (who
sat'..at some- distance from the. Bench), that it
.might be convenient-that- he should come nearer
to-him, as he ,(the Chief Justice) might have ocT
easion to commnniente with him.

Mr. 1-bint .fftid he,wislied.to decline doidg• so :
es if he availed himself of this suggestion, the
Counsel for the detendant would be immediately
behind' him..

The Chief Justice,--Then take a seat on the
opposite-side of the table.
Mr. Mint replied, he trouid prefer remaining
‘vhere he was-,--in front of ti:e jury.
.The Chief Justice—That edn be of no import-
ance to you, as .you tvll' have no occasion to ad-
drt,t. the. Gentlemen of the Jury.
Mr. Hunt—Yes,•my Lord, 1 sba!l.
The Chief- Jtlstice—But you will not be per-
mitted to do so. .

Mr. Ilunt—But, at least, my Lord, it is my in-
tention to make the attempt,-whether 1 succeed it;
it .t..r not. .

Mr. Scarlett—And, if after what he has been
told, .he shouid m'akc the attempt, 1 hope your
Lordship will commit him.
The Chief Justice said, -before the-Jury were
,called,-- it -might be convenient that Mr. Hunt
should be apprised of course to be rustled on
this occasion. He, the Chief Justice, was of opi-
nion—it was the opinion of other Judgea—of all
the Judges of the Court of King's Bench, that a
prosecution -by indictment like the present, was
not to be considered merely as a private prosecu-
tion. If an individual 'felt aggrieved, as an indi-
vidual tie might prosecute the person by whom he
had been injured, and recover dariviges. It, in-
stead of takiog tbis.eoursa-for the sake of justice,

the law Were to put itc- motion in the name
of the King, then the suit was no longer
the suit of the individual, but it was that of
his Alajesty ; and,, in a case'where the party chose
to proceed by indictment, no person had a right
to address the Juiy but a Gentleman at the Bar.
This opinion had been sokmnly expressed by all
the Judges,of the Court 'of Kilg's Bench. , In the
.very last Sittings, he (the Chief Justice) had
ruled this tO be law, and his conduct had been ap-
proved by the whOle Court, who had Sanctioned
the course taken on the grounds :which he had
just stark', to be those on which his decision in
the present instance rested. At every Assize, and
at every eJuarter.Session throughtiut tie kingdom,
a great: number, of private prosecniiows 'were
brought forward in which the King's name was
used, but
_in.. the.gmlitiary course, it was never
thought of,:that- those considering themselves to
he aggrieved. shOtild address the Jury. Depo-
silicas were takeri, and the names ot, the
wi:nesses to
,be called, and the points on which
.they were to be .;xarnined were given in, and. an-
.
cording to the course there pursued, be was dis-
posed to proceed. if he (the Chief Justice) were
wrong in his decision, it was competent for the
preset'. prosecutor to appeal from it to the Court
of King's Bench. But he would now tell hint
that the course which he had described was the
only one that he could stiffer to he followed in
the.present instance, and if he (M,. Hunt). were
not content that in his case justice should he ad-
.ministered in the ordinary course, the cause might
be withdrriwn. _

• IJr.-1-lunt hoped:• his Lo*rdship• would admit,
.that the Judge might not he intalithle.::,He might
be liable to. err in Some i!,stances, like. others.
The Chief Justice-1 cleini Diu infallibility--I
am as likely to err as others, at4d an .appeal may
be'made in the proper -plade against my decision.
But I have pronounced here, -int! the decision I
have math; must he attended to.
Mr. 1-lunt was proceeding to
.remark,:o:at his,
Lordship had said, that at the ASsizes and the
Quarter Stissions, such a th;ng was never thought
of, as that the prosecutor on an ipdictinent shou'A
address Abe July. •

The ChielJostice said, he hail:remaikcii that
such a thing in the ordinary_course of proceeding
was never thought. of. •

Mr. Hunt then_repeated, that he had aright to
complain, not of a delay but•of a denial-Of jog-
tice. -He wished to. know 'whether his Lordship
meant to call on the cause or-not

'I tae
Chief,Justice-1 will
.call it on if yo'si are
content that ir'shall be tried in the usdal Way. ,
14r. Hunt—When the cause is called on, I shall
take my course, and it will then be for your Lord-
ship, it you think proper so to do, to commit me,
as. you. have been advised .to do by the Learned
Gentleman (Mr. Scarlett). I have been• commit-
ted before now, and in a good cause am not afraid
of being committed again. Your Lordship has
been pleased to speak of me,as a bold man. lam
hold enough to 410 my duty strider any circum-
stances, but I hope 1 an► not bOlt, enough to do
any thing that is wrong. I deinand (he conti-
nued in a loud and authoritative tone), that the
cause be now brought on.
The Chief Justice--Then,, as I will stiffer no
man to treat the thus, I now tell you, the cause
shall not come on.

Mr. Hunt inquired if be might be allowed to
' say_one word ? _

The Chief Justice said,, if lie wiiked to speak in
support of the Rretetisions he bad advanced, if he
were not 'willing that his cause should be tried in
the usual way, it was uselesi for him to speak
At all. •

Mr. Hunt evished to know if, refusing to try
the cause, he would have it go forth to the world
that in his case justice, was not only delayed,
but denied.

The Chief Justice replied-elf was his determina-
tion to suffer no man to use such language to him.
sMr. Hunt assertexl,_ that his Lordship had suf-
fered improper language to be addressed•to him
from another quarter. Because that. Gentleman
(looking towatds Mr. Scarlett) wore a-gown aud
wig, he Aid not see that he had any right to
express himself in. a way.,that was...inconsistent
with common decency, by .recominendi-ng that

the party opposed to-itimskould be'se-rit to prison.
Mr. Scarlett hoped it would not go forth to .the
world that he hail wished an individual should he
sent to prison for offering any:offoice to him. He
had only sugaested,, that, if 'anpperson presumed
to insult a Judge sitting in a Court of Justice,
that person ought to. be totnmitted.
Mr. flout insisted that .he had only desired that
justice should be done. .--He again .begged per-
mission to ask if his Lordship choSe to call on the
cause ? • •

The Cbief Justice refused .ttL do so, after the
language that had just been addressed to biro.

Mr.l-lunt then.said, he should depart with an
impression that there was- no wisk.that justice
should be done.: to hum, and this he should pro..
claim to the 'world.

The Chief Justice said, if any man published an
untrue account of what had been said by him, be
would do so at his peril.
Mr.- Hunt-1-1 complain that_ in my case justice
has-been not only delayed, but thnicd ; and this
I will publish in Mr. Scarlett's -teeth, and in de-

fiance of his threat„ which•l value as little as I do
his personal anger.
The Chief Justice expreesed a hope that Mr.
Scariest, would not suffer his temper to be ruffled
by what Mr. Hunt had said. •
Mr. Scr►rlett—My Lord; I should have a very
mean opinion,of myself, if-I could suffer my tern-
per to be ruffled by any thing that can fall from
such a person as Mr. Hunt.

Mr. Hunt laughed, hastily collected 11;s papers,
and retired.

During the above conversations, Mr. Hunt ma-
nifested extreme irritation, and his rleportment
throughout was little in unison with that decorum

which— is usually expected to be preserved in a

Court of Justice.

Jr.N Carlile received information, before he left
he Court, from the Solicitors of the Treasury,
liat the usual notice of bail (48 hours) would be

expected. lie was re-conducted to the King's
Beach hison4