The Sun.
London, England, 1819-11-09 00:00:00

BROWN 71. DE TASTET.

This case was ex-parte heard, but afterwards
postpont d g ill to-morrow, in consequence of the
Counsel not being fully prepared. Mr. Attorney
Geneial was one of the Counsel, and said that the
brick lie had in h s !►and were so voluminous that
1),.! had not had time to peruse them: A most ad-
mirable and eloquent speech was made by Mr.
Wetherell in the opening of the case, in which
that Learned Gentleman displayed more than usual
Ingenuity, talent, and admirable eloqu,nce, though
lie was taken quite by surprise as to the case coin-
ing on, and had not had time to consider the ini-
mense body of papers before him.
No Other case of any interest came on, and at
half-past two the Court adjourned.

COURT OF KING'S BENCH, Nov. 8.

MANDANIUS.-TURNING OUT A PARISH CLERK.

Mr. Crtotts moved for a Role to shew cause
why a Writ of Mandamus should not issue, call-
ing upon the Rev. Mr. Cottle, Vicar of Thorley,
to restore John Huggins to the office of Parish
Clerk. The affidavit on which the motion was
made, stated that Huggins was appointed to the
office as long back as 1797, by the then incumbent,
and that he had discharged the duties during the
last 22 years.
In July last he received the following notice
" As you have admitted several persons into the
Church to commit sacrilegious depredations, with-
out informing me of it, and aisobeyed my orders,
1 dismiss you fron► being Parish Clerk."
The Sunday following the Vicar read his no-
tice in Church. The Clerk supposed there was
some mistake, and concluding the Vicar did not
mean to proceed further, took no notice of the
affair. The second Sunday he went to Church as
nsual, and took possession of his place. The
Clergyman seeing him there, came down to the
reading-dcsk, and said in a loud tone of voice—
" What do you do there, Huggins ? You are not
Clerk—last Sunday, 1 read you out, so Huggins
tutu out."

lie then railed persons to turn him out. They
removed him, and the Clergyman said, " Turn
him out. I will stand the racket." The Clerk in
his affidavit further staled, that he had no know-
ledge of any offence committed, except that Nr.
Cottle said, he bad stiff:red a person' to eater the
Church and take up a stone effigy from the floor.
That was the only pretence he had ever heard tor
turning him out.

The Court granted a Rule to shew cause.

MIL AUNT.-CRIMINAL INFORMATIONS.

The LORD CHIEF JUSTICE, Who was engaged
in going through the bar a second time upon mo-
tions fur new trials, observing that Mr. Hunt had
been some time in Court,.with a bundle of papers
at his side, inquired, through one of the officers,
whet her he intended to submit any motion, and
on finding the affirmative, called .upon him, and
stated that the Court were now ready.
Mr. Hunt rose, and said, he bad a motion to
make, and it respected the Magistrates at Man-
chester.

LORD CHIEF JUSTICE—WeII, what is the na-
ture of it ?

Mr. Hunt—My Lord, I mean to move for a
criminal information against them.
LORD CHIEF JUSTICE—That is not competent
for you to do. A criminal information must be
moved at the snit ut the King and such a mo-
tion can only be made by some Gentleman at the
bar.

Mr. ilnnt-1 have looked into all the books,
and I cannot find any iostanct in which the-
Court has interfered to stop a prosecution of
this

LORD Cutter JUSTICE—I" believe there is no

precedent of the Court allowing any brit a Gen•
tleurtn of the Bar to conduct a proceeding of
this nature. Mil Pollock, we are ready to hear
ynn:

Mr. Pot,',noir, however, had no sooner finish-
ed his motion, than Mr. Hunt again offered him-
►seif to the attention of the Court, and begged to
know wtiether their Lordships would be pleased
advise him how he ought to proceed.
'fire Loan. CHiap JUSTICIL—No, we do not sit
here for that purpose.
Mr. Hunt (interrupting his Lordship, who
with son►c difficulty was able to add, that if he
had sustained any personal wrong, he might bring
a civil action) replied, he had been often told
that Courts of Justice were open to all. He had
strong reasons for malting this a public proceed-
ing, and he had neither money nor inclination
to employ ptotessional lawyers in the manage-
ment of it. •

Tbe LORD CHIEF JUSTICE—An this Court
does is to prevent you from moving for a criminal
information.

Mr. Justice BAYLEY.-7h may be as well to
state on this occasion the reasons of the rule by
which the Court is now guided. It would be
most improper, in the first place, that the time
of the Court should be occupied unnecessarily,
or in the consideration of topics irrelevant to
those points over which alone it exercises its ju-
risdiction, or to which it can, beneficially to the
purposes of justice, advert. The time of this
Court belongs to the Public.
Mr. Hunt (again interrupting)—l am one of
that

• kir. Justice BAYLEY•--YMI are, Sir, and are to
be informed, that the King sometimes ac s in
this Court by,t.is own Law-officers, an d sometimes
by other professional gentlemen. Every criminal
prosecution is carried on in his name; and f,)t-
long series of ye4ts a practice has prevailed, that
none but gentlemen of the bar, ,:whose education
fits them for the conduct of such proceedings,
and who know, by that etlitcwion and from their
-experience, what points ought to be urged, and
what topics may be brought forward without in-
curring blame, shall.carry on the prosecution in
'Court. It might otherwise happen, without any
evil motive, but purely from hOnest ignorance
on the part of an accuser, that the most ioitt--
rious prejudices might be excited. It would, in—
deed, be a great hardship on a prisoner, charged,
perhaps,' with an offence affecting his life, that a
prosecutor, merely because he knew not what it
was proper to state, am'what it was necessary to
omit, should bring forward matters with which a
Jury had nothing to do; but which, being brought
,forward, might produce an effect upon their
which it would be impossible for Ihe
Judge afterwards to remove .or to control. The
same observation must apply to cases ot misde-
meanors, and he knew of no solid distinction that
could he made between what was to be addressed
to a Jury, and what to that Court, in cases at the
suit of the Crown. There is no precedent of a
criminal proS'ecrition originating in this Court,
except at the instance of Officers of the Crown,
or of persons who in some respect stand in the
character of public officers—l mean, of course,
gentlemen at the. bar. To abandon this rule of.
proceeding would be to destroy the distinction
bet ween civil and criminal cases. By the for-
mer, every individtial may seek a remedy for per-
sonal wrong sustained ; but the object of crimi-
nal proceedings is not private redress, but public
justice ; and it is therefore impossible for us to
accede to that course which you are .desirous of
pursuing. .

- Mr. Hunt—May I be permitted to offer a few
obqervations On what has fallen from the Learned
Judge ?

The LORD CHIEF-JU3TIOE—NO, Sir, you can-
not. Have you any instances of an individual,
not at the bar, being allowed by this Court to do
what you are contending for ?
Mr. Hont—There is no precedent from the
earliest institution of Trial by Jury to the con-
trary.

LORD CHIEF JUSTICE—YOU have not answered
my question.

Mr. Hunt—l wish to refer the Court to a case
which came on before Lord Eller.horough, a short
time before your Lordship was appointed Lord
Chief Justice of England.

.•
Mr. Justice BAYLSY-1t was determined re-
cently in the case of Milne, in the negative.
Mr. Hunt—l allude to a different case, that of
the King, on the prosecution of Pitt, against the
Bight Hon. William Huskisson and others.
Mr. Justice BAYLEY—I recollect that Lord
Ellenhorough did suffer Mr. Pitt to be heard, and
that I afterwards spoke privately to that Noble and
Learned Lord, for whom 1 always felt the greatest
respect, but to whom I communicated my opinion
that he seas wrong on that occasion. His Lord-
ship acquiesced in the reasons I, stated, and de-
clared his conviction that the proceeding -was in-
correct, and that the mischief of such a precedent,
if it was allowed to be drawn into one, could not
easily be calc►►lated.
Mr. GURNEY—His Lordship afterwards de-
clared in Court, that he was satisfied he had acted
wrong.

Mr. Hunt.-11 this be law, it h useless for me
to contend any further.

The Lottp CHIEF JUSTICE—You are bound to
submit to the authority of the Court.
Mr. Hunt—This is the first instance of a pro-
secution being so impeded.
The LORD CHIEF JusTrce—There is scarcely
any instance of a prosecution attempted to be thus
commenced.

Mr. Justice HOLROYD—I think it is clear that
there is no precedent to justify an application on
the part of the Crown, brought. forward in the pre-
sent manner. The object of all criminal prosecu-
tions is public justice; and the Court would act
most improperly in allowing an individual to con-
vert himself, at his own pleasure, into a Counsel
fur the Crown.
Mr. Juitice BEST—It is only where an indivi-
dual can make himself party to a cause, that he is
suffered to appear publicly before the Cotirt. The
person on the floor comes forward, HOL as any
party to the suit, burns an advocate for the King.
If it were a civil action, that would be carried on
in the name of the applicant, and be, would be
entitled to. conduct it 'personally. He cannot,
howevtr, be ina situation to do sounder the pre-

sent circumstances, unicsi he can adaace e stl6:
dent precedent ; and none such is to be 1.°"6.
What right, then, call this person have toobtroua
himself upon the King, and, in his name, 10 c°,76,
duct a prosecution against his subjects ?
Court ought to make no such precedent ; j?:
deed die replies which have been made nionit
this instance, are pregnant proofmf-the
the rule, and the importance of adhering to It•
Gentlemen at the bar knew when to stop or tfP
recede; but it is evident that the present appl!.!
cant will be content with nothing which. this
Court can decide.

Mr. Hunt then declared his confidant persga.
slot) that no [application would ever be node
against the Manchester Magistrates by any gel
tleman at the bar, and immediately left the Court'
apparently much chagrined.