Star.
London, England, 1823-02-27 00:00:00

LORD PORTSMOUTITS CASE.

•
EXAMINATIONosasa seta Is I NG'S COMMISSION. •
Irdriiiirra DAT, WZDWIeSDAT, FIARtlAax 26.
The Coat t opened at• ten o'clock this morning,
and immediately proceeded to busines.
tlanhhead's examination resumed by Mr. Mex.—fiend
Lad y Porettnoteh say, that if his Lordship should live with her
again neither Mr. Abler nor any member of the Hanson family
should enter the house again without his Lordship's concurrence;
consideted himself in connection with his lendship's family
merely as a medical practitioner ; delivered a latter tram her La-
dyship to Lord Portsmouth; also a list of witnesses from Mr.
ranee; was not aware that his profession excluded him from
a right of action as a man and a gentleman; has often had his
attention called to insane patients; it. was not very common in
ordinary cases of insanity to question the patient upon the sub-
ject or subjects with respect to which they are deranged in
their minds; did not consider his Lordship as deranged on any
one point; formed his judgment of his Lordship's state of mind
from the actual examination of his Lordship, coupled wiCh a
perusal of the facts contained in the Serious affidavits put him his
hands by order of the Lord Chancellor; conceives sanity of mind
th be the power of the mind to combine facts and circumstances,
sad the ability afterwards to discriminate and draw correct con-
clusions ; having refrained from examining Lord Portsmouth on
particular subjects, thinks himself competent to say positively
that Lord Portsmouth's mind is perfectly sound; there is a ma-
terial distinction between mind and judgment; conceives the
mind to be the whole; judgment is one of the properties of the
mind ; perception, memory, and instinct, are sonic other of the
properties, which are very numeroes.
Mr. Commissioner HULLOCK—This is a dissertation, and not
an answer.
Examination continued—Does not think more frequent op-
portunitiea of seeing his Lordship would lead hint to a conclusion
' different from that he has now formed.
By Mr. G. Barress--Used the letter from the Countess as
an introduction to his Lordship. When he first called upon
Lord Portsmouth, he tendered the letter—his Lordship re-
fused to take it, and also to leder witness in his professemel
capacity—the second time witness called upon Lord Ports.
mouth his Lordship was in a better humour—witness then again
tendered the letter.
Why did you again offer the letter to his Lordship 7—Because
it was addressed to his Lordship; and, as I thought, meant to
be forwarded to its destination. Why should I nut?
Mr.Commisaioner Ilueresex-That is a question, not an answer.
Examination continued.— Witness did not question his Lord-
ship as to funerals, dung•carts, logs of wood, or any of the other
subjects alleged to have been those in reference to which '
Lordship hate .hewn so great eccentricity. His Lordship's con-
duct in this respect evinced an unsoundness of the judgment,
which is the foundation stone of the mind—if the judgment be
unsound, the mind cannot be perfectly sound—a sound judgment
would draw correct inferences from uhvious facts and discrimi-
nate between right or wrong; if, not being under the influence
of feelings, motives, prejudices, or misrepresentations, a man of
his Lordship's iecome should declare his ignorance upon the ex-
tent of his property, whether it be worth £lOO or £20,000 an-
nually, should. conceive him to be of unsound mind—he might
declare such ignorance, yet not be really uninformed upon the
subject; if he really thought as be said, he could not have any
mind. His Lordship might wish cunningly to forward the pre-
sent Commission of Lunacy, and as a motive of policy he might
eshibit or wish to exhibit a certain degree of u nsoundness of mind.
Again examined by Mr. Tuts.—Cannot swearihat any or all
of the persons in lunatic asylums are mad ; cannot say that there
may not be some among them acting the lunatic for the purpose
of forwarding a particular object or policy ; is not aware of any
means of detecting such impositions.
By Mr. Beues.—His Lordship is perfectly competent to
manage his own affairs and property, if he had an honest
steward and an honest banker; he is also competent to select
his steward and banker, and afterwards to detect any impro-
priety in their conduct.
Q. Suppose, Sir, a Nobleman is married, his wife makes it
a rule of her conduct to carry a horse-whip about her, to keep
one in her bed-room, to apply it occasionally by way of chas-
tisement—she coolly witnesses the daily insult and. ill-treat-
men; of her husband—she introduces an adulterer into her fa-
mily—she practices a refinement of cruelty (which I hope is
without a parallel) by sending her husband to fetch this adul-
terer to her bed; and witnesses, nay more, encourages a bar-
barity of conduct and treatment froM this adulterer to her bus-
band—suppose this case, and further, that the husband, on nu'
one occasion, resists, opposes, or complains, of this depraved
and unexampled conduct, what would be your opinion of the
competency of this husband to menage ehis own affairs, and su-
perintend the expenditure of his money, and the disposal of his
pi nperty e—A. Supposing this case to be possible, which I deny
to he either probable or possible, I should say that he was to-
tally incompetent to superintend any one of the common affairs
and transactions of life.
Q Suppose this case to be merely hypothetical, apd that it
be related by the husband himself to a Jury sworn to try the
sanity of his mind—what would then be your opinion of him ?
A. I should think such a man very wicked—addicted to false.
hood—and who was desirous of getting rid of his wife.
Mr. Baucs.—Then I have done.
By Mr. Nutt..—Believes his Lordship to be of sound mind,
competent to form a correct perception, and to arrive at a pro-
bable conclusion ; this wOull be an act of the judgment.
Robert Long, an ironmonger and bell-hanger, at Basingstoke,
gave evidence ar to his having furnished articles for his Lord-
ship's house at Hurtsbournc, in 1814, when his Lordship's Con-
duct was as regular and proper as that of any other Gentleman.
Thomas Davidson, a corn-chandler, gave similar testimony.--
His Lordship always made very reasonable remarks on the price
of hay and corn.
Cross-examined by Mr. Wirrnitazu..—The draft which his
Lordship signed was previously filled up by her Ladyship, who
gave it to witness to take to Lord Portsmouth for his signature.
By Mr. Alss.ustn—When bargaining for thine hay, his Lord-
ship conversed in as rational a manner as any other Gentleman
would have done.

Thomas Manchester, examined by Mr. ADAM.—Was a bailiff
in his Lordship's employ in October, 11118; was previously in
the service of Mr. Hanson, at Raleigh, 14 miles from Hurts-
bourne--was so from 1803 to 1811 ; Lord Portsmouth was there
frequently ; his Lordship often slept there ; he was always very
particular as to the corn given to his horses; he was a very good
judge of horses and stock in general; he remarked justly upon
the quality of the soil and the probable produce of growing crops ;
used frequently to inquire the market prices; his Lordship was
as well acquainted with farming matters as any other Nobleman
or Gentleman. Received the letter (handed to witness) a few
days subsequent to its date—the hand-writing is that of Lord
Put tsmouth. (Put in and read.)
" Edinburgh, Jan. 11,1822.
" Mr. Manchester—Mr. /Ream' hath informed me that my
farm -has been offered to be let; I desire this may be contra-
dicted, as I intend to keep it .ir. Jig own possession; I have
written to Mr. Skirrow respecting it, and in a few days you will
hear from me again.—Your's, &c. " PORTSMOUTH."
Cross-examined by Mr. Powsts—l had no reason to believe
that Mr. France and another Gentleman were corning to
Hurtsbourne before they came. When I went to Whitchurch on
the sth October (Wbitchurch is two miles from Huetsbourne,
and about three-quarters of a mile from Park-gate) I bad no
reason to believe that Lady Portsmouth was there. I know a
man trained Lucas, who was with me atWhitchurch. I did not
see hien before I went toWhitchurcb ; he lived there. I will not
swear that I was not with Win on the 31 of October.
James Mullensexamined by Mr.Wt4.ldaus-1 was a boot and
shoemaker forty years, in Lung-acre. I worked for Lord Ports-
mouth five or sax years. I had conversed with him about four
times respecting his boots and shoes. Ile gave me directions,
and desired they might be pixcle easy across the joints. His
Lordship gave directions in the same inautteras other Noblenit-
usually do.

by 9fr.Wsruzaast—Do you think his LOrd-
ship knows a shoe fronts boot?—I should think-be does.
Does he know a thick shoe from, a thin one?—Certainly.
Air. Serjeant Pszt.—And, probably, like 11r. Wetherell, he
knows where the shoe pinches!—(Laughter).

• Mr. Serjeaut PELL said they were about to put in
some deeds, which had been executed by Lord
Poi tsrnouth ; they would not, however, fatigue the
Court by having them read through, but only state
the naiKe of the deeds, and the names of the panic%
concerned.
Mr. France then put in a quantity of deeds; be
was exaMiacd by Mr. ADAM.—Tbe fist' document

was dated-Feb. 12, 1790, and was a settlement mask I
on ihe present Earl. In this document are the names !
of the late Earl, the present Eail tinder the name of,
Lord Lymington, Mr. Hanson, Mr. Neville, John .
Yougal, the Earl of Powis, WirkEellowes, Esq. and
Isthers. The attesting witnesses were dead. Mr.;
Fiance stated, that by the deed of 1790. there were '
p. o dons stanch had been paid to the younger branches
of the family. 'ln this deed there was also a provi-
sicm to permit the present Earl to make a settlement
on his
_marriage.
Mr. ADAM stated that Lord Portsmouth had been
abioad ;hiee years before the deed, was executes; on
that being done, lie went abroad again, By ;he-deed
of 1799, a settlement was made upon. Grace Noron
on his ntayrisige with her.
Mr. FrAnce put in a document, dated 13th Apvih
1793, and the probate of the will, dated the 24th
May, 1797. He was about explaining some parts of
these documents, when.—
Mr.WETHERELL requested to have an abstract, for
the purpose of checking them as they were read.
Mr. TrtowEn said he would, lend him his abstract,
but he would want it returned again to him.
Mr. WETHERELL inquired wheither there were any
deed executed subsequent to the last marriage?
Mr. FranCe said he was not aware of ally. Mr.
Skirrow had a great many leases
Mr. WETHERELL here begged the interference of
the Court. Ile said he understood there was a me-
dical gentleman named Lawrence, who was either
on the point of entering the room where Lord Ports-
mouth was, or bad actually gone into the room. Ile
begged the Court would present the medical gentle,
man from examinin4 his Lordship; and he considered
the step as a highly improper one.
Mr Serjeant Hou.octt said something ought to be
done to prevent the aamission of a medical gentleman
Mr. Wit.i.tams said .his Learned Friends, Mr.Ser•
jeant Pell and Mr. Adam, had just gone out for the
purpose 'of seeing his Lordship previous to the Com-
missioners and the Jury visiting him ; and it would
have been better had the Counsel on the other side
ascertained whether Mr. Lawrence was or was not
about visiting the Noble Lord, before an application
had been made to the Court.
.. Mr: WETHERELL said it was more regular to apply
for an order et prevention.
Mr. Pam said, whatever might be the object of
theorisit, at least he should very much wish to see the
Counsel who represented Lord Portsmouth, to ask
them what was intended by a medical gentleman
being in attendance. Surely if the mind of his Lord-
ship was not to be acted upon, it would be much.bet-
ter to see him in such a state as he presented, without
anything being infused into his mind, or without. any
preparation to come before the Jury—(Applause
from the Jury).

Mr. WILLIAMS observed that he knew his Learned
Friends, Mr.. Serjeant Pell and Mr. Adam, were in-
capable of doing anything improper in the slightest
degree, and he was truly surprised to hear Mr.l'epys
throw out the insinuations he had respecting them;,
he thought more delicacy and more kindness ought
'to have been exercised. His Learned Friends could
not be ignorant of the way.in which Lord pea-tinsmith
had been visited. It was .by his Loedship express
desire Mr. Coombe had made** appointment, and
it was by this desire that the Learned Geatleasto
bad attended.
Mr. Serjeant HULLOCK remarked that Mr. Law-
rence must not be permitted to see his Lordship.
Mr. Wane said he was quite Satisfied the Lord
Chancellor had made no order 'to prOent.a Medical
Gentleman from attending Lord Portsmouth. But
he complained that upon this occasion as well as
every other connected with this inquiry, as far as re-
garded Lord Portsmouth, the Counsel engaged for
him, had 'peen ill-used, and there had been a decided
combination to prevent access-to him from the begin-
ning to the end of the proceedings. Mr. Serjeant
Pellavas yesterday desirous of seeing his Lordship and
'communicated that desire to the Gentlemen around
him; something happened,' as something always
has happened, to prevent his being seen; and Mr.
Serjeant Pell was told he had better see him today.
It had just been stated, that it .would be better to see
his Lordship without his having any communication
with others who were strangers to him, and this ap-
peal was answered from the Jury. This was not the
first time that cheers had struck dismay in the Counsel
of Lord Portsmouth. He (Mr. Wilde) had felt most
deeply on this occasion, and he did not know what
the Learned Counsel on the other side thought, but
he shoeld have imagined that Mr. Setjeant Pen and
Mr. Adam ought to have credit, that they were not
attending Lord Portsmouth for any improper pur-
pose. Without entering into a discussion on the five
minutes late interview that they had been permitted
to be in his Lordship's society, without at all spe-
culating upon the object of it, he trusted that at
least his Learned Friend might be heard before an
order was made by the Court against the introduction
of any one into his Lordship's presence.
Sir THOMAS BARING said, he could not allow an in-
sinuation reflecting on the conduct of the Jury to pass
.without m..king a few observations. For his own
part, it had been his anxious endeavour to ascertain
the truth, in- the investigation' upon which they had,
Assembled, and he felt persuaded he should return a
xonscientious verdict. He believed the Learned Ser-
jeant (Pell) was quite incapable of any dishonourable
action. • Upon the previous examination of Lord
Portsmouth, the Learned •Serjeant had sat immedi-
ately next him, and when a question seas asked his
Lordship, it had been remarked, !tat heOccasionally
turned his eyes towards the Learned Gentleman, as
though' he was desirous of learning how to ansvierit.
The Learned Set-jean-es countenance sometinies ex-
pressed assent; and he oCcaiionalli. had nodded, is
though he signified his-approbation.
After some conversation bettlfelMthC COURT, Mr.
WETHERELL, and Mr. Pam,
Mr. Serjeant Pio.r. returned and addressed the
Cominissioners.--He said, that asthis-siould be most'
probably the last time he shOuld have the honour of
addressing the Court, he begged leave to be heard
patiently. On his entering the room he had heard
his name mentioned in a very loud way by various
Gentlemen.• Helearnt, when in an adjoining room,
hom a Gentleman whom he really did not, know,
who brought *message signifying than a sharp attaek
hard been made-upon him (Mr. Serjeant Pell). He
'felt lie was in England; and: vat,Englids Court of
,justice, and there .wes et,* feeling upon which
Englishmen agreed, it waS--" Let uo man attack

itaotheria ldis absence." If he could not answer k
when he appeared, he ought to be censured, pro-
vided his conduct was deserving of censure. What-
ever expressions might have been used with respect
to himself be did not know, and he must be per-
mitted to say, he did not care. This he would say,
that whatever s as the charge, it was a false one.—
But if it was indecorous in his Learned Friends to
bring accusations against him its his ab,ence, it
surely was not less ungenerous. His Learned Friends
who were near him were much younger than himself, .
and when they met with the reward which equalled
their merits, they would reap much ; but they would
learn that it was better not to attack a man in his
labsence.. He would now shortly state the facts that
bad transpired.. They had been done by the conetir-
ranee of his Learned Friends. It had been their de-
sire that ,a gentleman named Lawrence should have
an opportunity of seeing Lord Portsmouth. This
gentleman was a man of eminence, and required no
panegyric from him; his fame • hail already been
blazoned abroad. They were anxious that a gentleman
of so much medical celebrity should have an oppor-
tunity of seeing his Lordship, and they intended to
call him as a witness on this occasion. Mr. Law-
rence had attended this morning, agreeably to
their request; and the interview they had sought to
obtain had not been accomplished. It had been
his (Serjeant Pell's) whit that Mr. Lawrence should
see Lord Portsmouth, in the presence of Mr.
Adam, Mr. Coombe, anTlairnself; they were pro.
ceeding together, when an intimation was given to
Mr. Lawrence that he should remain in the robiog
mom until we had seen Lord Portsmouth. Mr..
Coombe mentioned something about Mr. Lawrencc'l
presence, to which he (the Learned Serjeant) replied.
This much he said to the Commissioners and Jury,
that Mr. Lawrence had not seen Lord Portsmouth ;
he had not attempted to see him ; and that lievuld
not see him, after what had fallen from the Mrt.
Having stated thus much respecting this fact, fie
called upon Mr. Adam to vouch for the truth of it.
It could not, he observed, be denied that there were
certain parts of his own character which, if examined
with a scrutinizing eye, might perhaps appear ble-
mishes, but he felt the charge that had been made
upon him was groundless. He felt himself ca-
pable of shaking the dew-drop from the lion's mane.
lie knew he was competent to disperse any imputation
that was endeavoured to be cast upon him. He had
heard, with some surprise, a circumstance had been
related by one of the Jury, that Lord Portsmouth
had looked at him for assent,when under examination
in the private room. It would be recollected that the
Court had granted permission for him to be seated
near his Lordship, and Mr. Coombe was stationed on
the other side. It arpeared his Lordship had (accord-
ing to the account of Sir Thomas Baring), from time
to time, looked at him, an.] that he had expressed in
his (Serjeant Pell's) countenance, assent to what the
Noble Lord had said—
" This was the head and (rent of his offending."
He begged leave to say that he wanted no man, how-
*cver high his rank, to teach hi rn.his dirty. He should
perforni his duty, and the Public would not think
the worse of him for that performance. On Lord
kortsmouth's right hand sat himself, and on his left
*et Mr. Ccombe.
One of the Jury here remarked that Mr. Coombe
did not sit on the left hand, but behind his Lordship.

.At this moment Sir Thomas Bating rose, and
begged to say that he never entertained the slightest
option that the Learned Serjeant had used any means
wha:ever to induce the Noble Earl to give an r.n-
swer to any question that was put to him. But he
begged permission. to state, that it was apparent to
every one that the Leaned Serjeant had nodded assent.
Mr. Serjeant Prt.t. appealed to all who were pre-
sent at that investigation, if his Lordship did not turn
round from time to time, and look like a man in
distress; fie seemed anxious in that trying moment of
difficulty to seek for shelter. Good GOD, to what a
point had he to speak! It was no pleasant thing for
any man, even should his mind be as strong as the
body of Hercules, to be surrounded by a number of
gentlemen, some of whom he knew, others- to whom
he was an entire stranger, and to be questioned on
such subjects! The Learned Serjeant said, he did
not want to appeal ad homines; but he could not tell
what would be his own feelings were he placed in
such a situation. Was there anything, therefore, so
unpardonable when this unhappy man, shipwrecked
as it were, turned round with an anxious look, and
when he caught, the eye of his friend (for friend he
was) seeking refuge there? But such offence should
not again be given. If Lord 'Portsmouth 'turned
round and sought by a glance protection, he would
cover' bit face lest he should offend anybody—
(Great applause).
•

. -
Theejmastsstoxitas expressed indignation that the
Court shoirld'he So interrupted.
Mr Sei-jeatit Pst.t..-1 have said that I was in an
English Coon of Justice—this improper, but very
natural expression of feeling, convinces me that I was
not mistaken ; my Lord Portsmouth is here to-day
at his own request ; I wish to ask some questions ; the
Gentlemen on the other side will have the-liberty of
doing the same; if there be no rule against it, appealing
to your experience for a decision, we propose doing
this, and' the Gentlemen of the Jury will then proceed
to question his Lordship severally ; we have finished
our case, and I am heartily glad that we have, for it
has been a most painful task to nU who have ap-
peared on behalf of the unfortunate Lord.PortsmOrztli:
It is the first time I have been engaged'in so painful
a proceeding, and' Ido assure-you it shall be the la.r„
In conclusion, I hate only to say this• that ;CI had
no other prOpetty to leave my children, I *ill leave
.them for alzgacy the charaeter of a father who has
always faithfully:dischafged the duties of his station
and that :An, in my eitimraitit, tie the nrosr valuable
legacy I could leave- thettf-:-(4ipltiuse).—The•case
was now yith the Court, with the Gentlemen of the
Jury, and Mr. Adam.
Mr. ADAM was about addressing the .Court •on
what had fallen during his absence, When
' - Mr. Parrs begged ptrmission to state that he clk.
avowed having imputed the slightest blame with re-
-1 spect.to the conduct of the two learned Gentlemen
whose names had been mentioned; if zany words had
been used to that effect; he was not ms-are of theta,
and he begged teai'eto recall thern.---:
Mr. ADAM ADAM said be was -satisfied, and tie was also
[
aiiili 'Wised by hi V Learned Pridnetto OOZY Vrat the
apology,was received. 'lle-feh'ii,tdijusiiditditY;
I amt` resPect to Mr. Lawieno, that if -2t

tr.
•• -

?ached to any one, that gentleman was completely
exonerated from any the slightest share. He begged
leave to say, that, as an auditor at that examination,
he had a right to be there. Upon such an opinion,
be it right or be it wrong, Mr. Lawrence was intro-
duced. He sat as a silent spectator, and communi-
cated with no one.
The Cane COMMIsSIONIR (Mr. Trower) said, no
one could lament more than himself the discbssion
that had taken place. In the course of the conversation
the names of Mr. Serjeant Pell and'Mr: Ada& • •
been mentioned. Mr. l.epys had used expressions
which he (Mr. Trower) did not recoiled, but he must
confessthat he did not think they'weresat all intended
to convey an insinuation against thoiaGentletneri. The
ilnprestion upon his mind was, that k wasstit aerpliea•
tion respecting a medical man. He was sorry it had ever
taken place, and he, begged it to be understood that
Mr. Lawrence could 'rattle there. With regard omit at
had been asked by Mr. Serjeant Pell for permissiorrto
examine Lord poitemoutli, that could not be granted.
One of the Commissioners had sat thirty years upon
lunacy cases, and he never knew a single instance
where Counsel were to examine the indivicloal upon
whom the inquiry at; It occurred to tits Court,
that the application was quite novel, and could not
Hbe acceded to. _owever, if Counsel suggested ques-
tions to the d'ourt, it would be in their judgment
whether it would be expedient to put them. No im-
proper motives could possibly be imputed to Mr.
Lawrence on being present ,at the private examina-
tion of Lord Portsmouth, but it had been distinctly
stated, that no persons were to be present excepting
the Commissioners, the Counsel, the Jury, and Mr.
Coombe and Mr. Skirrow, as the friends of his Lords
ship. The prohibitiqn was made to prevent any
stranger from being present, and that what passed
there should not go into the world—that the parti-
culars of that examination should not be known.
Mr. I3vNG said a few words in support of what had
fallen from Sir Thomas Baring, but he begged it
might not be understood as intending to convey a
censure on the conduct of Mr. Serjeant Pell, He
then made some remarks upon the feeling which
Gentlemen at the Bar were apt to fall into, embracing
the cause of their clients w ith too much partiality.
Mr. Serjeant PELL begged to say, that neither the
Court nor the Jury could prevent him from visiting
Lnrci Portsmouth when he thought proper ; nor Mr.:
Coombe, nor Mr. Skirrow, nor any one, as long as
his Lordship did not for bid him his presence. II!
any person said he bad visited Lord Portsrnoirthatith.
unworthy views, they dii not know him (Nlr.'Sdijeant,
Pell). With respect to what had fallen frons"Mi.!
Byng, as it regarded Gentlemen oldie Bar, he begged
to say, that his notions on that sublet* were incor-
rect. It was the duty of the Advocaat • kola ini;
partial; to watch witnesses.(and others) theOguae;
to take care and prevent, it possible, nmitle prettt-
dice from stealing into the mindsof any one ;• and to'
see that pure justice was done. This was the.digy
of an English advocate—;(
Mr. BA NK is Said, before they adjkurned, he wished
to call the attention of the Court. to One circtimsliOci.
He had taken down ;Sae:ol44oU from Mi. &neon%
Pell, which intimated that he had experienced great
difficulty on account of die koothictuf sonic pes-soiis
in his cross-examination of the statises oti toe owe,
side. !ler e there viaseVidently ail imputation of sonic'
conduct which the Wrack' Serjeant 4E41 not think
just,tiaSle. A charge was made against some person
or persons. According to that rule of fairness aria
candour which Serjeant Pell had claimed fur himself,
let him make his charge more distinct, let him say
what Ire meant, and explain himself clearly.
Szrjeant PELL—I will do it in a moment— .
" You may call spirits 1 tht vasty deep,
And tliery shall vane--”
The CutEr Cummtsstutien remonstrated against
this proceeding.
The Jury expressed uneasiness at being detained.
Mr. BAN ICES repeatedly required the Learned Ser-
jeant to explain himself.
Mr. Serjeant PELL as frequently expressed his rea-
diness to comply, and appealed .0 the Court to give
him leave to answer the question which had been put.
Commissioner HULLCCK put it to Mr. Bankes, if it
could be consistent with the nature of their duties to
go into such a question?
Mr. Bankes and Mr. Tulk insisted on the necessity
of having an explanation.
Mr. Serjeant PILL said he only waited for leave
of the Court.

The Foreman of the Jury asked if he had not the
power to put it to the vote whether Mr. Bankes's
• question should be pressed?
The Cu: EF COMMISSIONER said this was altogether
so novel a matter, that lie could not determine the
question now put to him. There was nothing of the
kind ever known in Courts of Law. To save further
di,cussion, he would take the opprobrium to the
Court : as it lay with them to protect Counsel and
enable them fully to cross-examine a witness, and as
the Jury had not prevented any cross-examination,
the blame. might be with him : he was sufficiently ex-
pet fenced to be callous to such reproaches.
The Coutbel against the Petition disowned any
such imputation on the conduct of the Court.
Meanwhile some conversation had passed across
the table between Scrjeant Pell and Mr. Bankes.
Mr. Bankes addressed the Court openly, and axited.l
if it was allowable for a Counsel to tell a Juryman
that he was prepared to answer him there or Goy-
v.:here else? _ _

Mr. Serjcant Pett..—Se I am.
Commissioner litmLoct said,. that it must be very.
grievous to the Court to see an altercation go to such
a length as for one Gentleman to tell another that be
Was prepared to give him an answer there or any-
where else—words, the import of which could not be
mistaken. Again, he would put it to Mr. Bankes, if
it would be discreet to press a question, the discussion
of which had so mischievous a tendency ?
Mr. Mellish thought that the Jury might very
reasonably take the concession so generously made
by the Chief Commissioner, of undertaking all the
blame in any way imputed to the Court or Jury.
Alr.i3ankes said, as it was against the sense of the
Conn and Jury that he should press the question, he
would retract it with this understanding—that in the
opinion of the Commissioners, the imputation, upon
whomsoever cast, was without foundation and
groun4lps., •
Iqr.i‘berjea Pst.L.—Mind, I don't retract one
aingle,tlang lham asserted to-day.
Mr. Ilaukes.—.Do;L'underbtand you, Mr. Commis-