The Sun.
London, England, 1810-07-18 00:00:00

. . -
" Gentlemen -r cannot think this 'duel to hate
been unfair. • It is with reluctance, and almost tis 1(11
I shame that I surfer such language to issue. from the
Bench. The distindiuns winch I have been pkiln•
too much resemble an indirect sm,aion pioceed-
ings, which, on the contrary, deserve and meet my
total reprobation. Ti e peculiar en-cup:stances 01
the case, and connection which there is bet ween the
inuniries on which I liave entered, and the characters
and safety of die .pri,oners at the bar, must turoish
my exci.,se ; and this excuse, I trust, s fall, bUt
little short of a justification."
The above Sir, formed cardinal passages in 11.4
charge'; and to you I leave it to pronounce, tuAk a
verdict of acqnittal, following' a charge which rot-
tained passages of such impoi t,' can be considered as
found under the direction of a Judge ; or the Judge
who gave this charge as assuming a power 'to
.“ re-
mit the\punishment inflicted by law."—l, have now.
done; Sir.. The expressions appearing in the paper
Ido not undertake to sa)yere yours. Though they
were, I should not presume to complain of your hay-
: ing used them, lest I might Mad% eitently infringe
those privileges of Parliament which it is my duty
to respect.—But,: Sir, if you did Use them, permit
me respectfully to submit io you the above state-
' ment of what the tenor or my cli,irge upon tha trial
rea /....f was. For the propriety, LW' All its parts, of
• flits or any other charge,ot mine, I am far Irons bcing'
so presumptuous as to answer. Tilts may perhaps
include passages, justly open to animadversioi:. In
endeav outing to diseninge du.Y, as Council for
the prisoner, I hope 1 auLhot .snrguihr g
to risk over-showing, rather than tat nng snort of the
mark. I only pro;est a‘ains.t being supposed to lIQVe
' charged the Jury to acquit.—Allow rue to suggest
that possibly you might nave used those expie,sionS
sshich I have noticed, under the ot some
perfectly blameless misapprehension, Itch in that
ea,e you will be glad to nave an_op,,ut tunny ui cor-
recting, or if the public prints have mis-stated you, of
calling on them to correct-1n short, Sit, on ) uur
candour, I au, content to throw' mysen.* li•u ate a
Gentleman of nigh eminence , in twat proi.-ssion
through which I. wade my progress to Inc Beheii.--
You will feel that a Judge. ought not to direct 3
Jury, that hoinicide, 'coonnitted„in a ,hl,, is nor
murder, and that a person titling a jud.c:., situat on
must feel concerned 10 find a ne‘A, emingt))
hold him up as having dune that which lie -o,rg:lt
not to do; and as having been su repreented t‘i uoc
House of that ;iParliamenti by %uell, under cer-
tain circumstances, his conduct is in a d,-glee cog-
nizable,; and of whose approbation and good opt-
Moo he must at all events be ambitious in the ex..'
Creme.—lndeed, that those who ate appointed to
administer justice should be generally thought well,
of, •contided in, and upheld, you wilt feel to be de'
sirable, independently of all considerations which
personally ailed them, on principles of public po-,
hey and convenience.—lf you shall do me the 10
Hour of answering this letter, you will have the
goodness to dire& according to address which.
give below. •

i . I have the honoar to be, Sir, .
1 With many apologies and much respe&
Your obedient, and very hum►jfk se! yaw,
W. C. SMITH.

[The two cases alluded to in the above letter, are
obviously those of I►ldjor Campbell, wit° killed
Capt2l/1 Boyd' in a dud in Ireland, and was alien-
waids executed; and Mr. Alcock, Mernner tor kite
County of Wexford, who killed Mr. Colclougit in a'
duel in consequence an election disputd.]

* The appeal to Sir Samuel Romilly's liberality was, ag,
might have been torseen, fully successful ; and the passaga
hi question does not appear in his Observations on utc (;rt-
tnival Law.