The Statesman.
London, England, 1822-05-29 00:00:00

COURT OF KING'S BENCH, -Nowt, M b.

LISS&
This morning Jodie Barton took his seat on the
Ikneell at sine o'clock. after wideb lb, followint care
WASISIIea
TVS HON. "'SNIT SITSIOUS COMSAT, •ND HON.
ROBERT SSTMOUIt CONWAY, O. MICHAS'. •TAUNTON.

Mr. CRAMPTON. on the part of the prosecation,,
stated, that this was a criminal information granted
against the defendant for a libel. The declaration
contained four counts. The first stated, that on the 9th
December, in the year 1820, Thomas Wallace, Esti
Barrister at Law, and one of his Majesty's Counsel, in
an action then depending io the Coortof Common Pleas.
and tried before Lord Norbury, in which Harriett
Caila was plaintiff, and Richard M•Namars was de-
fendant, was Counsel for the plaintiff, and that be the
said Thos. Wallace, Esq. stated the case to the Jury on
the part of the plaintiff. That on the 14th of the
same month, after the trial bad concluded, and before
the publication of the libel with which the defendant
was charged, Rd. *Namara made an assault on the
said Thos. Walla, and that on the same day. the 14th
of December. informations were sworn against the
said Rd. MeXamera, in the Court of King's Bench,
before Chief Justice Downes, who granted a warrant
for the apprehension of the said R. 111•Namara. That on
the 16th of December, the defendant, Michael Stalin-
ists, did write. print, and publish, and cause to be
*tote, printed, and published, a certain false, scandal-
ous; and maliciuuchbel, on the said Thos. Wallace.
Esq., barrister at la., set out according to the tenor in
the first count.

(Here 31r. CHAAwroN read from The Dublin Weekly
Register, of the kith Dee., l ^O, the articles charged
as libels ; one was headed " Violent (Wrap ;" the
other appeared to be a letter addressed to the Editor,
and was sismed " Auticus.") The second count states
the libel, according to the effect, and not according to
the substance and tenor. The third count charges
the defendant •ith another libel in the same paper : it
appeared...nnOer the bead •• Mess .. Wallace and
31•Namarar and, 'on the seine day, the llith of De•
ember, 1920. (Here Mr. CRAXPTON read the pas-
sages to which he bad alluded. 'fhesemay be termed
the Editorial remarks of the defendant. The fourth
count is nearly similar the to third, and the defendant
has pleaded the general issue—Not teuilty.
Mr. R. JOHNSON then addressed the Cannella Jnry
in behalf of the Crown; after which, the publication
having bzeo prayed, Mr. O'CosseGt, addressed the
Jury, and called evidence fur the defendant; and Mr.
Itiactutticse having replied, Mr. Justice lit:Stvost
proceeded at great length to deliver his charge,
in which he lock occasion to expatiate on the ob.,
ligation, and the privileges of the Counsel at the
Bar. He would not, he said to the Jury,
take up their tilos in defining the exact duty ot
Barrister, circumstanced as Mr. Wallace was, on that
occasion ; or in ,defining the exact limits to which a
Barrister onlit to confine himself; but be would say
that the Barrister is bound to execute every thinp
chiefs tends to promote the interest of his client. It
is one which involves a considerable diversity of ta•
eats and acquirements, sod hence it happened that
persons of great experience and study, and accustomed
to t►s discharge of the duties of the profession, were
mustily sought for by these engaged in suits at law.
Ma Jury were um of the world, and they like other

wen of the world r a suc► occasion►, would eaters its
look for a men wl o would stand in their place. and
who would !sod ►ims•lf. ►is heart, and Isis soul. he

t,e fewest of his client. T•ke Barrister would.
eat he justiG-d is repping nut of 101 way in ()Mei
that he might maim obeervati,ms which were not pro-,
peel, connected with the use ; hut • Cmtosel whu it '
to state a ease is a lead* eunneeli and. is a case of
that it can searely be esnerte4, that he raw Mae
duct the besieess, and make such a statement of facts'
as may be conducive to his clients interests, nith•ot
eroding the feelings of the patty opposed to
In such a ease the utmost. care which • einem! snap

talc• cannot enable his tO reconcile two things—hat;
to do justice to the inteedeVerf the person nho hes en-
trained Me cause Pato t ie hands of the advocate ; and

next. mot to give effruee to etteeperson who is the ealb.
jets of animadversion. and agliOnst whom saraband is
made for large damages. it was the nat•rs% feeliag
In such • cab* to be offended* with the observa-
tion; of the adversary's Comm% ; and it was Obr
that reason that there are two sides on which Conosel

are employed the one to attack, and the other
to &feud ; and generally speaking, the parties are
'sten with each other. bat it is impos?ible to avoid
die mummer:es of a collusion of opposite interims.
Thetreestion was, whether the very nature of our ins
stilettoes do not lead to snob an ioevitable wealth, sad
whether it wee net letter to leave our case to persons
who *III have all the calmness of strangers, sad at
the same time all the slial of a personal interest is oar
affairs. k tiostesd of causes beipy put into the
hands of men prefeseloaally trained to the manage-
meat of such sibjects, they were left in the heeds
of the parties themselves, what would be the collet-
gamut? If rho limits were transgressed wheo Coss
sel are engaged, would yes leave it to the parties them-
selves deeply to offeed each other ? Suppose one side
had uttered what deeded the other. bow would yr;
set? Would you leave it to the other party to re-
dress it. It would be Impossible to leave it to the
parties. fur the Joey, wbo are men of the world and
of intellect, know that there should be woo ether
way of terminating the difference. The Judge sod
the Jury. in whose presence the trials take place, are a
check on the excesses of Counsel. If Counsel should
use language that may be improper or irrelevant. and
if an appeal should be made to th, Bench, it wou'd
be the duty of dm Judge to ieterpose, and to desirt.
the advocate to keep within the bounds of his duty.
He bed sometimes seen it occur for counsel to be
called back when they bad travelled beyond the bounds
of their duty, but wh the Court so called a Coun-
sel back, immediate atteution was paid to the Inggel-
tion of the Beach. He strangely mistook. iodised,
the character of the gentlemen at the Bar, if he
should suppose that the interposition of the beech
would not be immediately attended to by any Costae(
who should be so checked by any Judge acting dia.
passionately between party and party. But to tease
the case to Counsel is still the best code of sotog.
for nothing could be so bed, as for a parses who feels
deeply wounded taking (according to the common
phrase) the law into his own bands, which means
Ulan ge into his owe hands. What wen:d
become of their own interests and the interests of their
fellow•subjects, if each of the patties were to take into
kis owu hands the law, or the measure of eatisfactioo.
, and to act according to his own coaceptioo aC whit
was doe to his easel?
The Learned Jcoos oust inert tied to take a review
of the two publications charged as libels, commenting
upon them as be went on. In his °piratic' they were,
he said, of a most dangerous description; but this
, was fur the Jury to decide upon. The mere faCt of
, the guilt or innocence of the defendant was the ques-
tion they bad to try ; all extenuating circumstances
should be left to the exclusive consideration of the
Court; and there was no doubt bat that the defendant
, would have the full benefit of them in mitigation.

The Jury retired at a quarter before seven o'clock,
and remained out fur nearly au hour, when they re-
turned, asd gave their ver,lict of guilty against the
defendata, recommending- him to the clemency of the
Cou: t.

Mr. Ifatrit.rox moved the Court, digitate defendant
be bound in his recognizance to appear to receive
judgment. The Conn declined to accede to the motion.

SHIPPING INTELLIGENCE.

Mat., 111.tv !S.—Arrived last nicht and sailed for the
river, the Thomas. Bell, from St. Vincent'; the Betsey
and Sophia, Oallowav, from St. Domingo; the (Hatton,
, from Honduras. Also this worsting, the
Farquharson, Crockshauks, from Chios; the Charles,
Milne, 44 days from Tobago; the Cumberland, Brine,
frosts the South Se,s; the Ocean, Younger, from ditto;
the Bristow, Lush, from New South Wales • the Stately,
Edgar, from Jamaica; the Princes; of Wales, Johnson,
from Bahia; the Marquess of Hastings. 1,0151 &TWA! ;
the Oeorge, Deeper from Cape Coast Castle.; the Henry,
Long, from llouduras; the Supply, Robson, front ditto
the Seneca, Bell, from Tobago ; the New Phcatis, Leath-
wait, ttom Trini lad. Caine down from the ricer, and
remain, the Cl.ri.toislier, Knight, for Quebec; the S.r.
--. for ditto; the Essex, Barclay, for tho
South Seas ; the Ceres, Shaw" for Rio Janeiro.—
Wind S. W.
PLT:1011.:T M 3'.—Arrived The Loyal Briton trans-
port, with part of 61st reg Lon board. Sailed for London, the
Neva, Farquarson. trom J3lllla Stately, Edgar, ditt•i,
nine weeks, from ; Risk, Smith, ditto ; Mar-
quess cf (lasting+, Edwards, from Bengal.—Wind S.W.
I'o:tram:suns, Ntiv t?, —Arrived the Riga, Forster,
from Ilas annals.' Sailed the Providence, Oliver, for
Madras and Ben:rel.—Wind W. S. it'.
FA L3IO 27.—Arrived MI this Port the Ame-
rican ist.huoner thntosi Packet, from St. Dousingo.—Ar•
rived on the the Primmer Regent packet, from tho
Leeward ki indi; 11. M. S. itacelsorse, from outsize.—
Wind S. S. W.

Arrteed ott the Lie of Wi?:ht. the Maroneer of Wel-
lington from Bertgai and St. llehma; sailed from Ben•
gal the 24iii 3411114.,y. and St. Ilelena 76 April; •be
?asset! by tie Tboruas6reurille,3lanning, from Bengal.

Turner has challenged to tight Llishop Sharpe f,s
lOU gttiness, and to stake part of it at Harry Holt's.
Seal, ssho heat deaf Davis, has cbil'engedihelllpiei.
There hrs been nothing aisiLLatrout Neate and Sving.
An Egyptiv: lad rtny, farfelto for the non-payment
of datits. W 45 CAI! at thileallolls-boar. 1171110Cel, ua
Friday last, for 1715.
Cou:s Ewa.% si:a, Mar Th—The market is very
heavy this morning, and very less eaves have beta effect-
ed. 11.-i•ne s ohtnined last Monday's Dries., but
the inferior qudlities remain on 11;1111 In Oats there
was some huseness t ping at an abatement of Is. per Ruar.
ter. In the in ice of oaier a, there is so alteration.