The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1851-11-18 00:00:00

kindness they had experienced from the magistrates on September, the learned advocate remarked, that it was
this occasion. He did not wish to be present whilst Mr. idle to suppose, as Mr. Sergeant Wilkins had said, that
Monk was making his observations ; and therefore, before the placard announcing the report in the Journal bad
he retired, he begged to tender his thanks, on behalf of been posted near the court for the purpose of insulting
himself and friends, for the great kindness and courtesy Mr. Ramshay. In towns like Liverpool, places for the
they had received from his lordship during the whole of posting of placards were, it was well known, very scarce,
this inquiry. Mr. Sowler expressed similar thanks, and and, as in this case, any boarded space was eagerly taken
air. Ramshay then left the court. advantage of. Had nothing but the Journal or newspaper
Mr. MONK, after alluding to some matters of a personal placards been posted there, there might have been some
Character between Mr. Sergeant Wilkins and himself, pro- reason, though that were very slight indeed, for Mr. Ram-
Ceeded to comment on the case attempted to be set up on shay's supposition. The learned gentleman then briefly
the other side. The inquiry in which his lordship had replied to the arguments of Mr. Sergeant Wilkins on the
been engaged, though it had occupied a considerable time, legal points of the case. He contended that the case relied
Was one which in itself was exceedingly simple. The upon on the other side, the King v. Clement, 11, Price,
question was simply, plainly, and substantially this, Was was not analogous to the present, and argued that the Act
Mr. Ramshay fit to be the County Court judge of Liver- of Parliament did not confer the unlimited power which
Pool ? That was the simple question which his lordship bad Mr. Ramshay, as a County Court judge, claimed. In
to decide ; and leaving out everything else that might have support of his argument, Mr. Monk cited various cases,
been introduced into this inquiry, the memorialists, and read several judgments delivered in the superior courts,
through him, asked his lordship to try that simple issue. and amongst other cases, referred to the King v. Almon,
In performing the unpleasant duty of calling his lordship's 5. Viner's Abridensent, 448, Furlong and Bray, Deane's
attention to the observations he should have to offer, in rase, Croke's Elizabeth, 689, Levy v. Moylan, and
support of the allegation, that Mr. Ramshay was an unfit Lowndes and Maxwell. The principle on which the
Man, he was not going to complain that the noble earl had learned sergeant rested his ground, in justification of his
deemed it right to pursue that course in conducting this client was, that there was a power in the judge of every
Inquiry which bad limited it to a brief space of time. He County Court of England to take upon himself the office
might say, as he hsd already said, this inquiry must of accuser, of sheriff, to arrest a supposed offender, and the
necessarily be incomplete, and that another memorial power of deciding whether hehad been guilty of an offence or
ought to be presented to his lordship, praying for an not, and then to award such punishment as he thought pro-
inquiry into the circumstances which had taken place be- per. If such a powee had been confe-red, the only question
tween the 9th of October and the period when the was, whether they were living in the nineteenth century,
Chancellor took his seat. or whether, by some mistake, they were not sliding back
Mr. OVENS objected to Mr. Monk offering comments again to the worst period of our judicial history. If his
on such topics as had been decided irrelevant to the in- lordship did think such a power had been given, he was
quire. sure the next session of Parliament would not be allowed
~....Mr. MONK would not notice interruptions of that sort. to pass by without such an alteration as would satisfy us
Ile was prepared to enter into an investigation of the cir- that we should not in future be thus apprehended at the
curnstances occurring since the date he had been restricted will of Mr. Ramshay or any other judge. He contended
to, but a, the objection had originated with the other side, that taking Mr. Whitty in arrest on that occasion was an
be would not complain of the decision his lordship had utterly unauthorized act ; that the bailiffs, when they
given on that point. The inquiry having thus been re- went to Mr. Whitty's, were trespassers, and might have
atricted in point of time, could it be expected that in those been excluded by force. They might even have been
two courts they would have been enabled to find evidence treated as Sir George Stephen had said, resisted ad necem,
of misconduct : and yet what were the facts of the case ? and such a resistance, he asserted, would not, by the law
That misconduct had been proved by the reporters, who of England. have subjected him to a charge of murder, as
Were attacked in language of the most violent character, the learned sergeant had held.
and their reports were yet used by Mr. Sergeant Wilkins The ASSESSOR.—They are not to begin with shooting,
when it served his purpose. It had been proved by short- you mean, Mr. Monk, because it is rather important that
Land writers ; it had been proved by gentlemen of esteem, no incorrect notion on the matter should go abroad.
of character, and honour ; not by fraudulent debtors ; not Mr. MONK replied, he of course meant that they were
by attorneys desiring to escape out of the question, only justified in using such violence as was necessary. If
Whether they allowed others to practise in their name or his life were in danger, he was not going to shoot a man
not,—not by ladies f. om Hotham-street, Liverpool, but withbut trying whether he could get away; or if a mad-
by those who followed an honourable and useful avocation, man attacked him, he would, of course, try to run away
and by those merchants who had received the hizhest and escape him. In the last case, of personal injury to
weed of approbation of their conduct and character which him, if all other means failed and were insufficient, he
their fellow-citizens could bestow upon them, that of was at perfect liberty to resist ad necem.
being elected to the chief magistracy—however much At half-past one o'clock the court adjourned for five
Mr. Sergeant Wilkins might seek to disparage the minutes.
Municipal honours of the town of Liverpool. In re- On the resumption of the court, Mr. MONK proceeded
Ply to the observation of Mr. Sergeant Wilkins, that to say, that with regard to the placard, it contained these
he desired a more open inquiry, Mr. Monk asked whether words, " Mr. Ramshay's opinion of the people of Liver-
he had not, in the onset, been met by objections and tech- pool." It was said that Mr. Ramshay never gave an
nicalities, and whether the restrictions of the investigation opinion upon the people of Liverpool. Suppose he never
Lad not first been introduced by Mr. Sergeant Wilkins. had ; Mr. Ramshay had spoken of a large mass of persons
That learned person had said the inquiry was premature, with whom he came in contact, and he deemed it a duty
because actions were pending against Mr. Ramshay, at the so to speak ; but, surely, it was not a contempt to charac-
suit of Mr. Whitty. Was it so ? No : if Mr. Sergeant terise that as " Mr. Ramshay's opinion of the people of
Wilkins knew it was so, he had plenty of opportunities of Liverpool." They were " catch words," there could be
Droving it. Mr. Lowndes was put in the box, he was no question, for the purpose of selling the paper, and he
Mr. Whitty's solici`or, and yet the learned sergeant did (Mr. Monk) had to learn that there was anything wrong
not venture to ask him a single question on the subject. or improper in that. He now arrived at the 20th, when
Mr. Whitty was also presented. He ( Mr. Monk) did not Mr. Whitty was brought before Mr. Ramshay, and he
wish to afford Mr. Sergeant Wilkins that topic of declarna- believed it would not depend either upon anything which
tion, of which he knew he would avail himself, that Mr. be should say, or what the learned sergeant had said,
Whitty was his witness, and that, therefore, he was Mr. what would he his lordship's opinion of the demeanour of
Whitty's counsel. But Mr. Whitty said, " I owe some- Mr. Ramshay upon that day. A number of witnesses had
thing to my own character, to my position in the town of been called by the other side, who stated that throughout
Liverpool, and to myself as a man, and therefore I insist the whole day, even when the applause took place, Mr.
on being put into the witness-box, in order that, Mr. Ser- Ramshay was calm, unruffled, and dignified. Did his
geant Wilkins may ask me any questions, if he likes. Let lordship believe that was credible ? If they had no record
him ask me if I misbehaved myself before Mr. Ramshay ; of the outbursts of almost fury on the part of Mr. Ramshay,
let him ask me any one question he chooses." And what they had the best evidence in the world that the statements
Was the result ? His learned friend trembled to ask a of the witnesses were true, furnished by the learned ser-
single question, and simply observed, "As there has been geant himself. Mr. Sergeant Wilkins had told them that
no examination in chief, I shall decline to cross-examine the judge was " writhing" under the outrages committed
upon nothing." They were (said Mr. Monk) restricted, upon him; and they had a two-and-a-half days speech to
then, in their inquiry to the August and September sittings. justify that course of procedure. He did not pause to consider
And if his Lordship considered that in this very year, whether that wasjudicious on the part of the learned sergeant.
sometime in the months of May or June, this gentleman's They were told that Mr. Ramshay was lashed into writh-
conduct was investigated on grave charges before his lord- i inn, and then they said, " How beautifully he writhes !"
ship; if his lordship considered that he obtained from his Now, if that effect was produced, and if that effect con-
lordship that judgment which restored him to the bench, tinned ; if Mr. Ramshay was injured and could not forget
and to which he had shown no little disrespect, for they an injury, the case of the memorialists was made out, and
might have expected that for some time at least he would Mr. Ramshay was no longer fit to preside. Those who
have been guarded and quiet in his demeanour—if his had done Mr. Ramshay wrong were amenable for it ;he
lordship considered all these things, and if he ( Mr. M.) could make them amenable for the injury he sustained, if
Mistook not, after the evidence that had been given, there it resulted in depriving him of his office ; and if that were
could be but one answer to the simple issue of this in- so, he had made out his case. The half a million inha-
quiry, was Mr. Ramshay, or was he not, fit to discharge bitants of Liverpool. of whom they had so frequently
the duties of the judge of the County Court of Liverpool ? heard, were not to suffer for the acts of a man because he
After mentioning that he had been extremely anxious, in had been wronged by the acts of one, two, or three. His
conducting his case, to avoid the mention of anything learned friend's, Mr. Sergeant Wilkins's speech, from be-
Painful to Mr. Ramshay that his duty to his clients would ginning to end, went to show that Mr. Ramshay was not
Permit him to omit, and, speaking again of the legal calm, unruffled, and dignified, and that there were reasons
skill of the judge, the learned advocate repeated the why he should have been the contrary. Upon that day
argument he had used in the course of his opening they found that several persons were fined, and they went
address, to the effect that, whatever the legal attain- on till they came to the sentence upon Mr. Whitty. They
Meats of a judge, if he could not keep himself quiet, if he found him addressing Mr. Whitty upon that occasion in
could not control an excitable temper, and if he could not language which he begged leave to think was totally un-
even for a few days, after he had been complained of and fitted for the time, the place, or the person. Mr. Monk
had bee„ ic,torcd fn Ilia coat, command his tcutiper, those then read that portion of the judge's address hi which
Were ample grounds for his removal. He then referred to allusion was made to Mr. Whitty's personal appearance.
the speech delivered by Mr. Ramshay, on the 25th of Now he really thought they could not have better evi-
August, on resuming his seat after the Earl of Carlisle's dence than that address that the judge's mind had, to
decision in his favour. That speech, he urged, was a de- some extent, been thrown off its bias till it approached
claration of war egainst the people of Liverpool ; and he that state which Mr. Gladstone described as a monomania.
asked if there was not sufficient evidence in that speech to Surely such ideas as those entertained by Mr. Ramshay
show the rambling feeling in Mr. Ramshay's mind, and were not consistent with the duties of his lordship's no-
which would cause that state which Mr. Ramshay bad, in minces. Mr. Sergeant Wilkins had alluded to the omis-
the subsequent speech at the dinner so eloquently ex- sion of parts of Mr. Ramshay's speech by the reporters,
plained. Was there not sufficient proof of it that Mr. where it was stated that the judge had become inaudible.
Ramshay, when he came triumphant back to Liverpool, It would he observed, that the omissions occurred when
delivered an address to the effect that he had been able Mr. Ramshay was speaking on topics likely to excite him,
"to defeat the machinations of certain ill-disposed and and his feelings were less under control. He merely men-
unscrupulous persons." His speech, be it recollected, tioned this in passing, because an observation was made on
was not the ebullition of a moment, it was delivered from the part of the learned sergeant against the authenticity of
a paper, and carefully prepared in the privacy of his own the report. On this part of the case there was one matter
study. Mr. Ramshay, therefore, with respect to this which was exceedingly striking. They had Mr. Robert-
speech could receive no allowance on the score of excite- son Gladstone, Mr. Samuel Holme, and one or two more,
went ; and if Mr. Ramshay were excited under such cir- to give information to his lordship with respect to it ; and
eumstances, he asked under what state of feeling he could they had certain persons called by and by to contradict
be cool ? He went on in language equally strong, and their evidence • and it would be for his lordship to say
equally indicative of his determination to have revenge on which class of' witnesses be would believe. They had
those who he said " had laid their ill and treacherous Mr. Gladstone and Mr. Holme, against neither of whom
bands" on the administrators of justice. He asked of his was there the slightest reproach, except that one had been
lordship, after further comments on this address, if that the Chief Magistrate of Liverpool, elected by his fellow-
Speech were or were not the strongest indication of that citizens, and the other, it was said, aspired to that
Uncontrollable temper, that ceaseless restlessness after office : he did not know that such was the case, for it was
self-dignity which pervaded every expression of Mr. Ram- only a few days since that Mr. Holme assisted to place
"
shay, and which rendered the possession of his high quali- another gentleman in the eivi'c chair. But, even if it
ties and attainments utterly useless. Mr. James and Mr. were so, surely it was honourable ambition to receive
Lowndes carried on their court, whilst they presided, distinction in atown of such importance, wealth, enter-
without the aid of police-officers ; they did not require as- prise, and respectability as Liverpool boasted itself to be •
•
Sistance of policemen to protect them ; why then could and that ought not to be made a matter of reproach,gibe,'
not Mr. Ramshay ? Oh ! forsaoth, the press of Liverpool and jest against these gentlemen. Were these the persons
bad interfered with the administration of justice. Did his likely to come before his lordship to misrepresent the
lordship believe it ? Did he believe, really, that any such facts ? What said Mr. Holme ? " I have no personal
attempt on the part of the press of Liverpool to rnisrepre- animosity in the world against Mr. Ramshay ; on the
sent Mr. Ramshay ever existed ? He thought no reason- contrary. I believed, because he had been mu, ls attacked,
able man could entertain the idea for one moment. He and because there had been an inquiry before the noble
Was not there to defend the press of Liverpool ; be repre- lord, I thought there was ground for supposing that those
aented the memorialists. The press of Liverpool, statements were exaggerated. I went there, and the im-
fortunately, required no defence from him. If the pression on my mind was that no man's liberty was safe."
statement were true, if the press of Liverpool had corn- Mr. Gladstone had no prejudice against Mr. Ramshay.
biped to attack Mr. Ramshay, why did they not show it. He went there to satisfy himself from personal observe-
lie had mentioned, in his opening, that be thought the tion, and he told them what took place. He said " Lan-
County Court was a strange place in which to give a guage cannot convey a picture of what I saw ; it is ex-
dinner to his friends ; and Mr. Sergeant Wilkins bad ceedingly difficult to describe it." He described Mr.
endeavoured to explain the circumstance away by remark- Ramshay's countenance, and in that description he was
tsg that Mr. Ramsbay had been living in the County
fully confirmed :
Court for some time. But what was the fact ? He had he said the face was flushed, and the
elicited, after some trouble, from Mr. Stone, that Mr. eye reddened. One of the females from Hotham-street
Ramshay had never lived there after the termination of spoke of the flush on the countenance, and another spoke
the August sitting ; and even if he had, without making of the eye reddened.
further comment on this point, be would ask, were there The CHANCELLOR said the witnesses contradicted each
counte-
no hotels in Liverpool at which the guests could have been other with respect to the colour of the judge's
received ; and did not Mr. Ramshay, as
in
sumzcbr
he had
nance. One said it was red, and another said it was pale.
bar, know of one very near his co Mr. MONK remarked, that a man who was excited
spent many social hours with his friend, Mr. Sergeant would change colour. Upon that day certain evidence
Wilkins ? The learned advocate next observed that, al- had been given with respect to a knife; and Mr. Ser-
though Mr. Sergeant Wilkins had addressed his lordship geant Wilkins had thought proper to make some observe-
for two days and a half, and although he had had as many ops upon that.. He asked where it was. He (Mr. Monk)
believed it was in Mr. Whitty's shop cutting paper. Had
days, and the able assistance of three juniors, to prepare the knife been used, had a wound been inflicted, then
his speech, he had never veatured a single word on the there would have been a necessity to produce it. As it
Subject of Mr. Ramshay's address, on which the memo- was. it was only a " dagger of the mind." Mr. Whitty
rialists founded their complaint. The truth was, (con- merely threatened that he would use it if interfered with,
tinned Mr. Monk,) the learned sergeant felt that it mani- and he (Mr. Monk) had to learn that he had rendered
Tested so strong a feeling on the part of his client, and was himself amenable by doing that. Mr. Monk then alluded
!no obvious a demonstration of that feeling, that it was to the banquet given by the judge. Mr. Ramshay had
impossible to grapple with it, or to offer one word in ex- reporters at the dinner. He had spoken of himself, and
planation of it. Mr. Sergeant Wilkins had attempted to had vindicated himself, on that occasion. There was,
Justify the speech delivered on the 20th of September, as then, no necessity for that speech (which he would not
Well as the biographical nature of it, and the egotistical read again) to be delivered when Mr. Whitt n was
strain in which Mr. Ramshay thought fit to indulge on called upon to the fine. His lordshipY' ju
woul'a re-
that occasion. He said that Mr. Ramshay was compelled member the terms" in which that speech was delivered.
It gave rise to very melancholy reflections. Mr. Ram-
to such a course by the attacks made on him in the
Papers. Admitting that were so, although it had never shay did that which he (the learned counsel) hoped he
been proved, he would only say that any public man believed, at the moment, and lie was disposed to give him
who thought it proper to set himself right on every point credit for sincerity. To him might be addressed the
Mooted in the newspapers, would find his seat, whe- words of a dramatist of our own day,
ther on the bench or elsewhere, a very thorny one, .. I think in him a mind is seen
and that a man of such a sensitive mind would find Prone and rash, revolting from the mean."
It difficult to discharge efficiently any public duty. Mr. Mr. Monk having stated that he wished to deal with
Monk then proceeded to another part of the case, and leniency, proceeded to state, that in the whole of the ad-
remarked that even before t,ne committal of Mr. Whitty, dress delivered by the learned sergeant, which occupied
the war which Mr. Ramshay nad declared against the two days and a half, and took three days for preparation,
People of Liverpool had been commenced Sfor on the 20th no allusion had been made to the speech delivered by Mr.
121 September, three persons had been tined in various Ramshay on the occasion when young Whitty was before
amounts for talking loudly in the ante-room, and other him. So far as he had heard, there had been no attempt
40-ealled offences. They were told that Mr. Ramshay's to justify that. There was a judge sitting in his court,
,hurt required more frequently than other courts the and they found him fining, censuring, and insulting those
Infliction of fires. How could that be ? Why should it who had offended him. He expressed his regret that he
He had presided in a County Court in the absence could not inflict a greater fine than five pounds ; and that
sgf the judge, and he confessed he never received, in a he could not punish for the assault upon Joyce ; but he
Yunty Court, the smallest insult in any way when he was said Joyce could bring an action into his court, and gave
residing on the bench. The judges of the land did not an intimationassoshe results. Didhis lordship dispute the
require this excessive exercise of authority. The Quarter proof they had given relative to the interference of the
~,aaions, presided over by gentlemen, magistrates of the judge in suggesting actions, and, if his lordship did, did
gnu sty, persons not professionally educated, did not re- Mr. Stone, who appeared before them in this matter ?
'alsnret this conditional infliction of fines and penaltiesasked his lordship, if a person was so lost to self-
el
...f there were one thing that would provoke insubor- control and proper demeanour that he could suggest an
Ili'ttston to the law, it was this undue assumption of dig- action under such circumstances, and insinuating what the
%ess_ and authority, and these outbursts of temper of which judgment would be, whether he was fit to sit on any
sls_s had heard, and which had, no doubt, caused the bench and administer justice, of whatever class it might
.....s,Opsity for those frequent fines in Mr. Ramshay's court. be ?. But that was not the only instance they found.
susseT Mr. Ramshay saw a placard, and he adopted the Giving a suggestion to a person to bring an action in a
1,57 Isms described in the court : whether he was justified particular case gave rise to a foregone conclusion, and was
Cs‘n,st course he had adopted, or not, was not the point an insinuation what the judgment would be. This was
14,,_1;i? lordship's consideration. The question for his not a solitary instance. Again they had to thank Mr.
eou'crlP was not if he were justified, but was the judge's Stone, to whom the judge was so much indebted. They
of
1118
ledt such as to qualify him for the efficient discharge had it on the evidence of Mr. Stone himself, that
uty. Referring to the proceedings of the 27th of it was no unusual thing for the judge to suggest