American watchman and Delaware advertiser. [volume] (Wilmington, Del.) 1822-1828, 1823-02-21
COUNSELLOR PHILLIPS SPEECH.

is lively and humorous from beginning to end AM
we dare say, the well fed parson had he known wha
was coming, would gladly have given half of hi
ythes for the year, to have prevented its uteance
". Y. Com ADJ.
SHARPE VERSUS WALLS, Clerk.
Speech of Z. Phillips, Esq. as delivered at the
Court OF Kings Bench, in an action between
Sharpe v. Viatts, Clerk, to recover damages fol
malicious prosecution for stealing Beef and
Bredd--vaue, two pence; on Thursday, Decem
Der 10Th, 1922, before the Lord Chief Justice and
Special Jury.
My Lord, and Gentlemen Of the Jury
The Jury have heard from my learned friend tina
this action brought to recover compensation ir
damages in consequence of a prosecution malicious
ly preferred-that is, pr eferred without any proba
BILE cause to warrant it, from the absence Of which
malice, though not distinctly provea'Le was still
presumable and inferential need not state to you
that the grounds ought to be strong indeed to war
rant any man IN putting another his trial on a
charge OF felony.-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 prose-
cution against my client; not only without any prob
able grounds to warrant it, but upon grounds the
most absurd, the most cruel, the most oppressive
and capricious proceeding not only repugnant to
eyes OF every human being. Gentlemen, feel,
however, that have much 10 combat in advocating
the cause oil humble poverty against pampered op
presson-l have to charge that oppression upon a
character where the virtues and the charities of life
are presumed to dwe-I have to fear, also lest the
language which must hold towards the individual
may be msconstrued into any disrespect to his ven
Grated proession-most assuredy mean no suchI
athlng-but when find man in lofty station strue-
Cling to prove that he owes his rank rather to For
tune blindness than to personal deserving and when
noe him hiding the worlds heart under religious
garment 1t is my duty to overcome the pain which
the exposure gives me-a duty to the rank s,IchI
conduct has dlshonored-a duty to the church, thus
more endangered by its professors, than by all
that inhdehty can urge against it
shall proceed TO detail to YOU the facts-hrarI
them if you can with gravity think of them, t,us,I
you VIII not, without Indignation The plaintiff is
poor man living by the labor OF his hands, The
defendant, MIR Walls. is clergyman of the church
o. England oil ample fortune, and its usual a,ten q
dan'' large establishment. it Happened ha in Oc
tooer oil the last year, he defendant was empoved
IN The garden OF Mr.. Walls as under gardener and ?
on ne alst OF that month, it being Sunday he dined
win his aunt al Camberwell. They had small
round OF corned beef for dinner, and upon his de c
parure his aunt with mach hospitality, pressed Il
nm to accept slice Of it. He accepted it, return
&c nome and placed it in open tool box in the t
garden, the usual depostary for the under garde-
ne dinner. About eleven O'Clock the Darson went
10 axe Inc air IN his garden, he proceeded with he
oil an old pointer to the tool house. and made
q usaa se' upon the poor mans beef. daughter N
S1e was not conented with the 1.-THE Of IT, mr. he I'll
might perhaps have pleaded prescrption fC,ont; We
ued laughter) But he swept it at once entire and I
wholesale INTO hls breaches pocket. (The LAUGHTER be
ne was loud and prolonged Out of the Doc W
Lor own lips shall prove this ludicrous disposal 70
~ !ne oeet' The poor man was earning an appetite
winch It seems even breakfast could not take away pc
rom TUG parson' he doctor proceeded directly 70
% MS house-he dved at once into the kitchen -. an
Follow me-" said he to the astoDished cook oo, ca
ow me 70 the larder, and bring the carving knife WI
WIN you" daughter 1.-The cook followed him tn
WIN trenuious apprehension, the scuon retreated d
n s"ent conservation Arrived at the kitchen ne ma
,ast look at a round of beef which had aI,eaJv by
zone duty IN the family cut measured slice from C
win nuch caution performed the like operstion re
~" 'oa' oi bread and then staked away without pr
NOW hungry my master is -breakfast lust over III
ie taxing 10 the luncheon Not for lun cbeon ro
""eFer' was the beet intended all that dav and ali
na' 'gh' II was the par sons Companion and new o
norniUs me cook received summons tn ATTEND bic ito
esslhs room there spread OUT in state he Showed TIL
Yet 'hs s'iee lie had cut off the round and the beef
y "au ina"%uVe'ed oul OF the tool box-so cut to
bsr, wv, oou'u scarcely distinguish between Al
neni w on you swear" said the parson Uth,t M,
hese Two slices are from the same ound p, sIs ~
npossbe that cam said the cook, beers beefslI -
ne world over" 81 cam said the parson .beres en-
slice that came off my round and IN swear i d ~,
ecause found IT n the TOOL box Your ronna ;, he
Alu me COOK was safe in the arder the door was for
'cSea' and the key was in my pocket" There ne
=; .eason 100 which the Doctor assigned for am
lerit OF originality shalt mention. Indeed H. 10
'peated It before jury. 81 know the beef ~ he M
llne from Its compexionr' Gentlemen nsrb.ns :"
might. dare say there was lily wbi,eness VIZ
'out the iat' modest, salpere Auroralike red WI