The Statesman.
London, England, 1821-02-24 00:00:00

ST,

In tlOt rise die 'fudge hid In determine weether he
soul 4 salter well a•proceeding. The defendant had come
prepired alit% a written defence. In that delkice, after
be had bee,. admonished by the Judge, he attacked the
whole profession of the law. For this he was not lined,
but was checked by the judge ; upon which he con-
ducted himself with the greatest insolence, held out Ins
band in a menacing manner, and said, "if you Wish, to
I send me to your dungeon, here is the key." For this
lie ivr; lineii 2111.,and haying persisted in his blasphemy,
lie was fined 2.1 f. more, and also a third time. After this
I be pleaded his wife and children, and his inability to
I pay the fines, on which the Judge remitted them, he-
' cause they had anawered their purpose, by checking the
inundation of blaspheme. The question was brought
before the King's Pencil on a motion for a mew trial; a
rule was granted to skew cause, and the cause was deli-
berately argued. After argument, the Judges were una-
nimous in their opinion of the propriety and legality of
Mr. Justice Best a conduct. After this deliberate de-
cision in a Court of Justice, the Petition could not be
received with the allegation that the Learned Person
had acted illegally. If his Learned Friend who pre-
sented the Petition thought that the law ought to be
altered, be might present a Bill to that effect ; but that
House had not yet assumed the power of acting as a
Court of Appeal from the (Wirt of King's Bench. The
Petition was the more objectionable on account of the
last allegation, which was false and absurd, that the
Learned Judge had imposed the lines to obtain his own
end—meaninr a verdict.
Mr. CItEEVEY said, that the Attorney-tianetal bad
represented his Honourable Friend to have decided that
the King's Bench had given an illegal judgmeut. His
Honourable Friend had done no such thing; but he had
said, that Mr. Justice Best bad exercised a rower that
had never been exercised before ; not even iu the cases
of Barton and Bastwiek ; in which the authority of
1 Judges had been carried so high. Ile (Mr. U.) thought,
with deference to Mr. Justice Best, that he was an interna-
-1 ;Jenne Jadge. Ile had sliewn that he was an intern-
-1 perate Judge on the trial of Sir F. Burdett, at Leicester.
Ile hail shewn that be was an intemperate Judge in this
very case. I !bleed, Mr. Justice Best was the only Judge
;whom he (Mr. Vreeve)•) considered to he a political
I.lielge ; awl he hesitated the less to censure his decision
i on this n Tas;on, became lie had known Mr. Justice nest
nut to ha infaiiikle ; for when he was in that House, he
had been seen holding very different opinions while he
passed through sarious parties, until he obtained the
place which lie mos occupied.
Mr. Serjeant ONSLOW.—I rise to order.—(Hear,
hear, hear !)--I complain of the conduct of the Hon.
.Meddler. lie not only has uttered shoal; charges
akainst th:! Learned Person, whnmu 1 am proud to call
my friend ; Le has not only called hint an intemperate
Jiniv, au I a political Judge, but has censured his
conduct when he was a Memher of the House of Com-
mons, which I conceive to be extremely disorderly.
—(lleac.)
The SPEAKER said, he had not conceived at the
moment that it was his ditty to interfere, whatever the
opinion of the House might be as to the decorum of the 1
Hon. Member's observations. It appeared to him (the
Speaker) that the Ilon. Meto!ter was making reference
to the motives under which the Learned Judge had
decided, which was the gist aml gravamen of the Ale-
gatiuns in the petition. Ile still eimnideretl, after the'
tittle which had been air,r,iell him of revising its opi-
nion, that the Ilu:tottrahle Men.ber gas not out of

order..
Mr. CREEVEY said, the Fplt.eker Lad decided he
was not out of order--that En did nut intend to pro-
ceed with any further observations, hut that he cousi-
elered that the petition was entitled to attention, from
the circumstance of no Judge having done such a thilig
before; and he thought also, that Mr. Justice Best
was an inteneperateJudge.
The SOLICITOR-c EN Ell AI, observed, it was im-
possible fur leitu to sit still after he remarks of the
Hon. Member for Appleby. He was astonished to
hear the motive of resentment ascribed by that lion.
Member to the [.earned Judge.— (Cees of "non—
When so grave a charge was preferred against a
Learned—(Mr. Creevey—" I never made say such
charge").—lf the lion. Member was ready to retract
that charge, it was open to bine to du so.—(Cries of
" no, no," and laughter).
Mr. CREEVEV—" I refract nothing. I said no
such thing."
The SOLICITOR-GENERAL.—" I am glad that
the Honourable 31ember dues retract his charge.
—(Cries of " No, no," and laughter.)-1 do assert
that the charge was made.—(Cries of " No, no.")—I
do assert that the Ilemonrable Member dill say—
Mr. SMITH remark...', that unlmis the words were
taken down at the moment, it was not competent for
any Honourable Member to assert that they had been
uttered, when they had been denied by the Member
to whom they had been attributed.
The SOLICITOR-GEN ERA 1..—" If the lion.
Umetleman disavows the words—
Mr. M. A. TAYLOR rose to order, and declared
that leaving been present during his !Immutable
Friend's speech, be mold affirm, on his honour and
conscience, that no such word as " resentment" was
uttered by him. Ile su!nnitted, therefore, whether it
was competent for the Solicitor-Gement to assume that
it had been spoken.—(Order.)
The SPEAKER said, that as the Solicitor-General
had used the word " disavow," he was rot out of
order. By the word " disavow," it was meant that
the Honourable Gentleman ball disavowed emeting
the words in question, not that he retracted them.
The scut:rant-6EN ERA!. proceeded. The lion.
Member for Appleby had taken an opportunity to I
charge intemperate conduct on the Learned Judge who
was mentioned in the Petition, and had referred to the
proceedings of that Learned Person on the trial of a
Member of the Haase. Ile the (Solicitor-tieneral)
would ask what there was in the conduct of the Learned
Judge on that occasion, which called for steel, a repre-
hension? As to the merits of the publication which
was the subject of that trial, there could he no doubt
that it was of a most malicious and malignant nature.
MI the Judges of the Court of King's Bench, even Mr.
Justice Bayley, who differed from his Brothers on the
point of form, agreed that it was a malicious and malig-
nant libel. But even on the point of form the majority of
the Judges concurred with Mr. Justice Best. Yet the
Hon. Member far :.p Irby accused by Mr. Justice Best
of intemperance. When they talked of intemperance,
what was the character of the Hon. Member who mimic
such a serious charge upon such slight grounds—(Hear,
hear.)—As to the Petition of Meisel., it contained an
incorrect statement of the proceedings• an his trial.
When that person began to make an attack on the
Gentlemen of the liar, the Judge said, " I allow yea
the greatest latitude in your defence, but you Faust not
make it the opportunity of uttering libels on ethers."