The Statesman.
London, England, 1824-02-17 00:00:00

COURT OF KING'S BENCH.—MoNDAT.

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[so before the Ouse Jusuce,Westminster.]
BYRNE V. TAMES.
Mr. Pas-Tensors opened the pleadings. This action, he
said, was'bronght to recover several sums of money received
by the defendant for the ptaintiff's use, which he refused to
pay. The damages were laid et SOU
M CLIARLBS PHMLIPS stated the case. He began by
lamenting
that be should have a case like the present to
state against any man. The defendant had lately filled the
office of High Sheriff of London. and was so well known
that not to know Mr. Ex-Sheriff Parkins would argue that
one must be Mine& unknown. He was known to be a man
who interested himself in the affairs of almost every other
man in the community. The plaintiff was equally known
for his misfortunes ; be did not wish to allude more than
was necessary to a transaction from which, all who felt for
the honour of our common nature omit turn with loathing.
But his client had become known for his sufferings and
misfortunes. He filled an bumble situation in Ireland, in
which he became known to a person who had lately fled from
this country. It became the duty of Byrne to God and man
to accuse that high person of an offence at which nature
shudders. Byrne was poor the culprit he accused was
rich—be was a Bishop. it was thought proper by the
Bishop and his friends that be should prosecute Byrne for
daring to accuse him, and that exalted person, as he was
then in office and public estimation, attested on the gospels
of truth, that he was falsely accused by Byrne—Byrne was
convicted, and suffered a dreadful punishment. it pleased
God to afford to this afflicted man the consolation of believ-
ing that he was not to go down to his grave the victim of
perjury—his accuser had been detected in his guilt—
he had fled, and Byrne was restored to the character he had
never done any thing to forfeit. The story of Byrne's suf-
ferings naturally excited the commisseration of the people
of this country.
The Gni se JUSTICE here asked Mr. Phillips, whether the
cause might not be advantageously settled out of court?
Mr. Pm wins replied, that his instructions required that
the cause should proceed. The Learned Gentleman conti-
nued—A subscription was set on foot to enable Byrne,who
bad been ruined by the false accusation brought against
biro, to support his wife and seven children. Mr. Parkins
saw the subscription advancing—he thought money was to
be made by it, and Ile determined to seize the golden op-
portunity. He wrote to Byrne to come over to this country,
promising him that his fortune would be certain. Byrne,
delighted with the flattering prospect, lost no time in cool-
ing over, when he found the Ex-Sheriff had appointed
himself Treasurer to the subscription, and had taken the
trouble of receiving the money, but poor Byrne did not
then suspect that it was not the Es-Sheriff's intention to
disburse. Nothing could exceed Byrne's gratitude to his
benefactor, who promised him a flowing subscription ; to
set him up in business; to take a house for him; to pur-
chase coach and horses for him ; in short, to make his for-
tune. Byrne and the Ex-Sheriff were at that time two of
the happiest mortals. Byrne was to get money, and the
Ex-Sheriff to get character, which was precisely what they
both wanted. I n the midst of all the Ex-Sheriff's promises
to Byrne; he had an eye to what he never forgets himself ;
be bad a house, coach-house, and stables to let, and lie put
Byrne and his family to live in the house and shew the
premises, by which he was saved the expence of keeping a
person for that purpose. Poor Byrne was glad to get a
roof over his head, and was truly grateful for his patron's
great kindness. The Ex-Sheriff proceeded in his career
of benevolence—be advertised for subscriptions for poor
Byrne in all the newspapers—he got up public meetings
and public dinners, where he was forced to take the chair,
very much against his will, and even most reluctantly to
toast his own health, and make speeches in his own praise.
He ate till every one thought he was full, and spoke till
every one was convinced lie was empty. (A laugh.)
Every day brought additions to the fame of the Ex-She-
riff. till the fatal day which called on him to account—the•
Est-Sberiff was acquainted with the drama—he thought
that none but slaves should pay. Byrne asked
him, had be not received for him? The Ex-She-
riff said yes, hut he held in trust for the people, and
when the sum became a round one he would boy Irish
coach ; Byrne said, if be was to wait till then, it was a
hearse he'd have occasion for, as he should die of hunger.
" You monster of ingratitude," exclaimed the Ex-Sheriff,
" do you isrget the twopence-halfpenny I gave you in the
Shades?" And here, said the Learned Gentleman, holding
sip a paper, is the twopence-halfpenny charged in the Ex-
Sheriff's account.—(A laugh.)-1t was impossible fer
Byrne to obtain any justice from the Ex-Sheriff, and be
was enabled by those who hail hearts to feel for his dis-
tress and his injuries, to bring the present action to
compel Parkins to restore the money with which he was
entrusted. What would the Jury and the public think of a
man who could take advantage of misfortune like Byrne's,
who could make this misfortune and the charity of the
public pander to his avarice and his vanity ? When
Parkins was pressed to render an account, and saw it could
not be delayed, he produced an account of nis disburse-
ments very different from the set off be now undertakes to
prove, although there has been no subsequent transactions
between the parties. No doubt his Attorney had advised the
alteratiou,for some of the charges were too shameful for the
conscience of any attorney to sanction. One of the charges
made against Byrne byjthe Ea-Sheriff was SI. 125. fur
publishing a pamphlet to vindicate his own character. If
the pamphlet produced that effect, it was certainly very
cheap (a laugh) but that was no reason poor Byrne should
pay. The Ex-Sheriff might make his mind easy aboat
his character, for it was certainly the last thing any one
would wish to take from him (laughter). The jury would
judge of the charges. Parkins having elected himself
Treasurer, paraded poor Byrne from tavern to tavern for
the gratification of his vanity, and this was one of his
reasons for refusieg to
.pay Byrne his money. Advertise-
ments ware published in every paper, and the name of
Parkins. the friend of justice and !lawsuits,. and Byrne.
was placarded oa every wall. He beat little Wssldingtoo,
and even Day and Martin, and the Bonassus, out of the
field (much laughter). By these means, for all of which
be charged poor Byrne, the Ex-Sheriff so greatly added to
his celebrity, that be was not very far. in his own opinion,
from being returned a Member of Parliament, and had a
very narrow escape of a French Peerage (continued laugh-
ter). He bad put himself forward as the Champion of
humanity, and drank deep of the cup of popularity, for all
which be wishes poor Byrne to pay. He charges in his
set-off 121. 18s. for clerks be had before he ever beard of
Byrne—he might as well charge him for his horses, for
his liveries, or for the expence of his Arundel Petition, or
any other notoriety trap. If the money was all turned in-
to brass, it would not equal the brass of the man that made
the charge. Bet the next charge capped the climax—
Would they believe that the Es Sheriff actually charged
Byrne, the creature of public charity, 541. rent, at the rate
of 1041. a year for the hones) be put him to live in for his
own convenience ? and be now calls upon the Jury to
sanction that charge by their verdict; they should
consider the erect each a verdict would have
on the national accent ; if it were to go to
Cork sod Tipperary that Bryne was able to pay
a rest .of 1041. a year for a house, and by the next fair
wind, they would have sods flights of Irishmen as would be
sufficient to nattwalise the Irish tongue in this country.
Ilmighter.) The Learned•Dentleman here read the charge
foe rose fawn the set-off, and asked, " was ever any thing
soshamolose and abandened?" Byrne, who lied not a
shoe to pis, foot, Oho was not able to keep a cat, was to he
charged sent for a coach-house and two sets of stables; did
it net damp reprobation on the whole set-off? Parkins
knew that Byrne was a ruined man--that he bad a wife and
seven children in a starving condition, with nothlog bat