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

INQUIRY AT PRESTON, suggesting the action, and all but promising the damages. ! that on the second day, when the yoanger Mr. Whitty was
(BEFORE THE EARL OF CARLISLE')
At this point Mr. Monk asked his lordship if he thought before the court, Mr: Ramshay seemed much milder, but
•
it desirable to divide the inquiry before the case of Mr. he several times shewed symptoms of excitement. INTO the CHARGES AGAINST MR. RAMSHAY, Whitty, jun.' was entered into. Dr. Manifold called. He said he was a member of the
JUDGE of the LIVERPOOL COUNTY COURT. The Earl of CARLISLE decided to go through the whole Royal College of Surgeons, practising in Liverpool. In
eae cases consecutively, but announced that the court would consequence of what he heard, he went to the County
The inquiry into the charges preferred against Mr. adjourn for ten minutes. Court on the Monday when Mr. Whitty was before the
Ramshay, judge of the Liverpool County Court (contained After the lapse of a quarter of an hour his lordship re- judge. The witness Corroborated the statements pre.
in a memorial which was recently transmitted to the Earl turned into court, and Mr. TINDAL ATKINSON proceeded viously made as to the judge's conduct and manner when
of Carlisle from Liverpool), was opened on Wednesday to read a special report of the examination of Mr. Whitty, the two men were taken into custody for applauding, a-id
morning, in the Court House, Preston, before the Chan- jun., on the Ist of October. his subsequent treatment of Mr. Whitty.—ln cross -exa.
teller of the Duchy of Lancaster. The counsel engaged After the reading of the report Mr. MoNB said that if urination, the witness said he was not Mr. Whitty's me-
were—for the memorialists, Mr. Monk, assisted by Mr. his lordship had noted the time which had been occupied dical attendant; but his father was. Witness visited at
Tindal Atkinson ; and for Mr. Ramshay, Mr. Sergeant in the reading of that most extraordinary judgment, and Mr. Whitty's house.
Wilkins, with whom were engaged Mr. Owens, Mr. Saw. had marked the very few topics which were introduced Mr. Matthew Dobson Lowndes, the solicitor who acted
ler, and Mr. Thorburne. The inquiry excited great bite- into it, he would see that the feeling, the temper, and the for Mr. Whitty, when that gentleman was brought before
rest, and the court was well filled. Amongst the gentle- conduct exhibited by the judge were such as to come un- Mr. Ramshay, gave evidence at considerable leneth. He
men present were—the Rev. J. Owen Parr,
der one or other of the words of the act of Parliament. said that on the Wednesday he observed that Mr. Ram-
Addison, Mr. W. Marshall, Mr. R. Newsham,;Mr. T. B.
Mr. J. The cross-examination of the various witnesses was then shay manifested excitement and passion. His demeanour
atowe, Mr. Jonathan Peel, Mr. Ashton, Mr. East- read over by Mr. Monk, who frequently stayed to remark was not such as was likely to conduce to the proper admi-
vood, Rev. J. Pedder, Mr. Griffith,, Mr. Jno. Marshall, upon the conduct of the judge when the evidence was be- nistration of justice. In reply to questions, Mr. Lowndes
Major Maxwell, Rev. E. Smith, Captain Garrett, Mr. bug elicited. In the case of Mr. Whitty, jun.., the judge, said he had a very high opinion of Mr. Ramshay's legal
Catterall, Mr. Robertson Gladstone, Mr. J. R. Jeffery, instead of confining himself to the matter immediately be- qualifications • but that he did not think that Mr. Ram-
Mr. M. J. Whitty, Mr. J. Whitty, Mr. Kelshaw, Mr. fore the court, was perpetually returning to the• offence of - shay had all die qualities for a good j udge, because he did
Hull (of the firm of Fletcher and Hull, solicitors for the the father, and the learned counsel contended that this not possess the qualities of patience and forbearance.
prosecution), Dr. Arlntyre, Dr. Manifold, Mr. Woolright, was a palpable evidence of want of temper, and an impro- Sir GEORGE STEFItEN, who was Mr. Whitty's counsel,
Mr. T. Haigh, &c. At ten minutes past ten o'clock, the per assumption of authority, The want of discretion was next examined, and stated, in reply to various ques-
Earl of Carlisle entered the court, and took his place on which the memorial charged against the judge was palpations, that Mr. Ramshay was at times greatly excited
the bench. He was accompanied by Mr. W. F. Ellice, bly shewn, he contended, when the judge distinctly stated during the inquiry, and that his manner wanted calmness
Q.C., attorney-general of the duchy, and Mr. Frederick that he never had read a ward of the paper, and could, and dienity.
Dawes Danvers, attorney-general of the duchy. therefore, not be conscious that it contained any articles Mr. J. B. ASPINALL, barrister, was next called, and
The proceedings were commenced by the reading of the or allusions pointed against himself, while, lit the same stated, in reply to questions, that he was present on the
memorial upon which the prosecution was fcunded. The time, he so virulently prosecuted Mr. Whitty for a line Monday when judgment was passed on Mr. Whitty, and
in a bill which absolutely conveyed neither censure nor that it struck him that Mr. Ramshay was exceedingly'
formal correspondence between Mr. Ramshay and the
Earl of Carlisle, in consequence of the memorial, was next praise. Having brought his reading of the report of the irritated and out of temper. Oat a previous occasion Mr.
read. In one of these letters, that written upon the 20th examinations to a close, Mr. Monk observed that he. Ramshay had shown the greatest possible violence in a
October, Mr. Ramshay denied having done anything should have been exceedingly glad if it had not been case in whirls Mr. Simon was concerned ; but he (Mr.
unworthy of a judge; and stated that lie had clone nothing necessary to trouble the court with any more observe- Aspinall) had been treated with great courtesy by Mr.
beyond fairly enforcing the powers of the act of Parliament tons, but lie believed expressions had been used, and Ramshay in the eases in which he had been concerned.
speeches made, even up the preceding day. all indicative under which he held his seat. Mr. James M'Donald, surveyor, Sergeant Carnes, of
The Earl of CARLISLE, alluding to one particular letter of the same animus on the part of the judge, uttered in the-Liverpool detective police, and Dr. Macintyre, were
the same tone, and even containing threats of extreme
which he had received from Mr. Ramshay, and which subsequently examined, but their evidence was not of
.
must naturally form, he said, an element in the case, sub-
violence. He should be able to refer to a paper in which much interestthe judge was reported as stating that every man who had FRIDAY.
mitted to the consideration of Mr. Ramshay and his coup- the
to the expense of the present inquiry was liable
set whether it should then be read in court. The court was opened at ten o'clock, when
to prosecution; and. declaring, in the strongest terms, Mr. Sergeant WILKINS.—I do not wish it read ; and Itames Brown, tailor, of Ann-street, Liverpool, was
his intention "to indict every man alive of them." Now, will be candid in statine my reason, in order that no called and examined by Mr. Atkinson. He stated that
such threats had the effect of preventing counsel for the
y go a he was in the County Court on the 29th of September,
ee ti r memorial from obtaining the evidence necessary to lay and was fined 45 for joinine in the expression of feeling
i before his lordship in order to prove their case.
he v elicited by the remarks of Sir George Stephen. He was
1. m; , After some discussion whether Mr. Monk should be locked un until nine in the evening, when he was taken
allowed to read the whole or part of the reports referred
ism, to Lancaster Castle by Hartley, one of the bailiffs. On
to, his lordship, it being then half-past five o'clock, ad-ISLE arriving there Hartley found he had no warrant, and took
journed the inquiry until Thursday, at ten o'clock.
ve tl him back to Liverpool. On the following day he was
THURSDAY.
sip, after stab, again taken before Mr. Ramshay, and having been de.
The inquiry was resumed on Thursday morning, at the tained until seven o'clock in the evening- he apologised,
Court House, Preston. The Earl of Carlisle took his seat when the fine was mitieated to 55.. which he paid, and
about three minutes after ten o'clock. He was again was then discharged. The witness further. stated, that
accomormied by Mr. Ellis, the attorney-general of the during the examination of Bartley the judge held up his
duchy of Lancaster, and Mr. F. D. Danvers, the clerk of clenched hand, saying, " You ass ; don't you know that
counsel of the duchy. Several of the county magistrates that is what is called a fist ?" He took particular notice
were also on the bench, but there were very few persons of the expression, thinking it an extraordinary one to
in the Court-house. emanate from a judze.
The proceedings were delayed a short time waiting for Mr. Edward Waring, a licensed victualler in Liverpool,
Mr. Wilkins,
stated that he was sued in the County Court about the
iismarp.penaraarnnscheatyilsl
shortly
yt
23d September, at the instance of Mr. Luke Swallow, who
twelve minutes who
after
ten not
o m'
c laokcek . his
entered the court, and took his seat near his was attended by' his attorney from Huddersfield. Mr.
Swallow was examined_ Mr. Dodd (witness's legal adviser)
1 then proposed to call' Mr. Hayes for the defence ; but Mr.
' Ramshay refused to hear him, saying his mind was made
up ; that he should not listen to any more evidence ; and
1 that Mr. Swallow bad made out his case ere.- -
for his judgment.
Mr. Hayes, an auctioneer, residing at Crosby, corrobo-
rated 3 an e's evidence, and said that when Mr.
l to ( 'llim, the judge said that lie believed

by Mr. Rarnshay at tilt. ....cn be was smarting under
what he conceived the wrongs that he had endured, and
in such a position a man's phraseology will not always
bear the te"

e time wi

01 criticism

The Earl of CARLISLE then called upon the counsel for
the memorial to prove their case. At the request of Mr.
Monk, his lordsl- • ; ig that he did not apprehend
had any pow to mnel the attendance of witnesses.

[I that any one whose evidence was

Twards

counsel

Mr. MONK said he had omitted on the previous d

mention that, on the 27th of. August, when the proceed-
ings took place which arose out of the posting of the
placards, there was an unfortunate billsticker, who was
posting some placards in the neighbourhood. He was
brought before Mr. Ramshay (whether in custody or not
did not appear), and was interrogated with respect to tl.e

sir: Waring

was no

they called that in which- he carried his b.ll

I he (witness) eon-

3 be woul

believe him ; so it was Useless

arched. Only a few placar

were, however. folio(

mug the time of the court

and these were of .an inn

nt description, relating t

WilHain Aus

aonary proceedings and similar matter, am
!erica to the County Court of Liverpool.
lently that the proceedings ,which had t

fated that he had been-in the habit of posting bills for
4r. Whitty, on the day of publication, and posted the
lacard complained or on a boarding near the Court

had not much to sap, except on a topic whiChhad I

He did not receive at

alluded to on the preceding evening, as to
h had taken place since

n of mat

)n the v

ess said he had posted bills fo

present(

It did appear d

r. Whitty, on various occasion, containing such e

as undc

are his lo

Lceot suit

such e

had referred to before the court.
Mr. T. ATKINSON apprehended that the prayer of ti:
memorial would admit of the inquiry they asked, as to tl

27th September, in

case of R

sequent transactions since the memorial w

he conceived to be a comple
fendant, the judge called the

to answc

ving Made out what
!r on the part of de.

p to sax to

objection, and he should
his lordship

go on unless a

Lied upon by

calculatel to secu

1 the Liv

ton the 25th

t for tt

nt Wilki

Lord CARLISI.

said that although it was certainly true

laintiff; and he observed, in conch
this case will be tried over and nv,

ig coulc

form any part of

der the memorial

Heappr

again, and I advise you, in mercy to the defendant, to find
a verdict for the plaintiff, for I have the power, find may

as to the imprisonmer
circumstances as allej

jury,

legally and in poi

this" period of the inquiry (twelve o'clock) Ml`
lc applied fora short adjournment, as a number o,

.1 are ent

:led to

dente in support of the second paragraph in the
ould be desirable that they should not

,
, whose- evidence was most mate
eeted by the next train.

al, were ex-

hing which might show th

hich are thoug

lit to form tl

of. the memorialistc, h should ask for
Monday, because it was not only mn

then prow
by Mr. Rams}

report of a speech

.harges which had been brought agains

Mr. Ramshay

3n the 25th August (wher

when the

e termination of t

llusions to the
Bing " enabled

s made to

Averponl, stated
sin Mr.W

Ltions of certain ill '
who ha

d and un

leavoured to cover him

itch under the

cur ;" and to his havin

s appointment

the ob

ct of th

rther quoted from the speech, including
men must be made an example of for
went on to say that the speech was not
xcitement of the moment, but was read
It was to show what at that mo-
-1 the mind of Mr. Ramshay that he

the future,"

delivered in tt

coin a written paper

ifc) had thought proper to introduce the

ly afterwards (On tbo

September) Mr. Ran

lay thought proper to give a
in order to show his sense of the

dinner in his own court

h, upon the in-

quiry bel
geant W

Ire his lordship, he bad received from Mr. Ser-
lkine` and from some others. The learned
,ad the speech then delivered by Mr. Ramshay,

In bott

med to suppose-himself the object_of some per