The Alexandria herald. [volume] (Alexandria [Va.]) 1811-1826, 1823-02-17
SPEECH or Mr.. PHILLIPS.
SHARPE Us. WALLS, Clerk.

<FCm u sutc <SfsS
The speech of & Phillips, esq. as DENY
cred at the court of kings bench, m an
action between Sharpe vs.. Walk, CLERK,
to recover damages for malicious
prosecution for stealing beef and bread
value, two pence-on Thursday,
December, 18th, 1922, before the
lord chief Justice and special jury.
My lord, aud gentlemen of the jury
The Jury had heard from my learned
friend that this action was brought TO re-
cover compensation in damages in conse.
quence of prosecution maiiciously pre-
ferred-that is, preferred without any
probable cause TO warrant it, from the
absence of which, malice, though not
distinctly proveable,was still presumable,
and inferential, I need no, state TO you
that the grounds ought to be strong In,
deed to warrant any man IN putting ano-
Their on his trial on charge OF feloDy.-
The principles of constitutional law are
too well known in England to require
any statement on the subject. My
| charge to-day against the defendant is,
that he did institute such a prosecution
against my client 8 not only without any
probable grounds 10 warrant II, but upon
grounds the mos, absurd, the most cruel,
the most oppressive, and the most capri
cious--a proceeding not only repugnaDi
TO his character as clergyman, but de-
tcstable in the eyes of every human be-
ing. Gentlemen,I feel, however, that
| nave much 10 combat in advocating the
cause OF humble poverty against pam-
pered oppression--l have to charge that
oppression upon a character where the
virtues and the charities Of life are pre-
sumed TO dweil-lhavc to fear, also, lest
the language which must hold towards
the individual may be rnisconstrucd into
any disrespect 10 his venerated profession
--most assuredly mean no such thing
but when find man In lofty station
struggling to prove that he owes his rank
rather TO fortunes Blindness than to per-
soDal deserving, and when find him hid
ing the worlds hears under a religious
garment, il is my duty TO overcome the
pain which the exposure gives me--a
duty 10 the rank such conduct has disho-
nored-a duty TO the church, thus more
endangered by its own professors than by
all taat infdelity can urge against il.
shall proceed To detail 10 you the facts
hear them If you can With gravity
think of them, | trus, you will noty with
out indignation. The plaintiff is poor
man, living by the labor OF his hands
The defendant, Mr.. Walls is a clergy
man oil the church OF EDglands OF ample
fortune, and its usual attendant, large
iIshp IL no. IN krt
at the last year, the defendant was can
Pioyed IN the garden OF Mr.. Walls, az
UNDER gardener, AMI aisr Of that
month"; IL being Sunday, he dlped with
his aunt, at Cambvcweli They had
small round of corDed Oeef for Ginner
and. upon has departure, MS aunt, with
much hospitality, pressed him 10 accept
slice OF ii. He accepted it, returned
home. and placed it IN an open tool box
III the garden, the Ssnal depository for the
under gardeners dinner. About IL o.
clock the parson went to take the air in
his garden he proceeded with the sa.
gacity oil an old pointer to the tool house,
and made dead Sc, upon the poor mans
beef. (Laughter.) He was not conten
ted with the 1.-THE of it, or he might per.
haps, have pleaded prescription. (Con-
tinued laushter.) But he swept it al
once '1tire and wholesale into his brsech-
es pocket. (fhe laughter here was loud
and prOloDged.) Out OF the doctors own
lips | shall prove this ludicrous disposal
OF the beef. The poor man was earn.
Ing an appetite, which it seems breakfast
could not take away from the parson.-
The doctor proceeded directly to his
nouse-he Owed at once into the kitchen:
''iol!ow me-" said he to the astobished
cook, 'Tollow me 10 the iarder and bring
he carving knife with you" (Laugh-
ter The cook followed with trenu-
'ous apprehension, the scuiilon retreaied
80 silent CONSERVATION. Arrived al The
SItcheDS he cast look at round Of beef
hlch mad already done duty 10 the FAM.
~, cut measured slice from it with
much caution, pc formed the like opera.
ION upon loaf of bread, and then stalked
way without utteriDg a syllable HLord
iiess US, says the cook, SHOW hungry
~ master is--breakiast just over, les
taking to the iuncheon." Not for lun
cheOD, however, was tie Deef intended,
81 that day and all that night II was the
parsons companion, and mex. morning
the cook received summons 10 aueDd
!tls dressing room (; there spread ouI ~
s'ateI he showed her the slice he had
cut off the round, and the beef he mad
ma IL, -