The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-05-03
COCKBURN AND WHALLEY.

WHAT THE CHIEF JUSTICE SAYS OF THE MEM
BIER OF PARLIAMENTs REPORT OF HIS ITCH
BORNE CHARGE.
During the session OF the House or Commons on
the 10Th OF April. Mr.. Bulwer craved the indul-
gence OF the House for a lew minutes in reference
TO matter which affected the most distinguished
Judge upon the Bench. The House would recol-
lect that on the discussion on Friday night, in
which the honorable member for Peterborough
took part the honorable member stated that the
Lord Chief Justice OF England had several occa-
sons IN the course OF the trial OF "The queen vs..
Castro,n addressing the defendants counsel,
asked this question :-"Haye you considered what
a disastrous effect, socially and morally would
follow II after all thar we have heard from these
lords and ladies' and gentlemen, to the erect that
ne is not Tichporne, the jury should md that he
Is ~ lie bad heard these words, he might say,
with astonlshment; but "a he knew that every
word OF tnat trial, rom the beginning 10 the end,
was published and was In print he did not suppose
that the honorable member Tor Peterborough would
make that statement unless ne was prepared
with authorities. lie had accordingly asked
the honorable member for Peterborough whether
the question was TO be found In the charge OF
the LORD CnIef Justice or whether 1t would be
i0und Ia the course OF the trial. The honorable
member for Peterborough, thus CHALLENGED, made
this reply-that he had not SPOKEN or the charge,
but OF question that mad Ueen Put Dy the
LORD chief Justice TO the counsel Tor the defendant
more tnan once during the trial. Tue Lord
Cnef Justice had sent him answer to an in
quiry which lie held IN his hand, but which he
did not propose 10 read unless tue House wished
that he should do so. tCrles or "keadD II the
House wished that he should do so he would
read the Lord Chief Justices letter, which was as
follows:-
CouRr or QUEENS BEEcH, April H. 1875.
DEAR Mn. BULwER-I beg 10 acknowledge the receipt
ZION to the extraordinary statement made by Mr.. Whal-
had on more than occasion in the course of the
ria q ihe queen vs. addressed @ INC counsel
ter ihe notion tnat Judge should have aye addressed
sr N ,bs se 50 Sc absurd and ridcn
"Hearl hearpD / should have deemed it unworthy Of
notice but see that you are evidently shocked Mt the
should nave said anything 50 outrageous an Improper
that ought hesnate TO afford you the do
ing so You nave my aIthort ana 9s o. my 4fotae5
o. Mr. Mhaleys statement IL Is not only un rue rom
shadow q foundation ! nave not only never said
said anyihns gat 81 the most reckless perverscn
could be tortured into such meaning ! cannot
sem Tor the purpose ofdefamlng my judicial charac-
have been Imposed upon by some false report At tho
time Is difficult 70 suppose that any one ssed
SO exIrayagantIy absurd DO tns however, II may,
You nave my authority Tor giving 70 Mr. Mhaeys req
resent the most emphatic ana unqualhed denial
>. A. BuLwER, Esq, " T., N. +.
TO mat letter was appended the folloWing:-
We fully confirm what has been said by the Lord Chief
foundation
And that was signed Dy Mr.. Justice Mellor ana
Mr.. Justice Lush. He should make no comment
upon the indulgence OF sue House. t'Hear
hearpl
Mr. wHALLEY's REPLY.
Mr.. Whaley, addressing the Speaker, SAID 81
recognize sir very clearly IN the letter JUST read
the emphatic language OF the Lord Cnlef Justice,
and regret exceedingly that do not eel myself
prepared once 10 acquesce IN the cOntfadlc-
ton. and 70 express 10 the Huuse-as indeed
would be the case-tne great Satisfaction should
feel If 4 coulu cOnsclentlOusly avOw my
regret at haying-whel her from want OF common
sense or some other cause-falen INTO sucn an
error. | avn unable Notwithstanding that letter
il countersigned the tsO other judges. 10 acqut
esce IN the condemnation wnicn the LORD Cnlef
Justice ana the two Otaer judges have given, and
l do not make that statement merely on nearsay.
] only received information OF this matter rom
the honorable ana learned gentleman a few min
utes before entered the House. ano. therefore,
nave not had an opportunity OF verifying 1t. 1
will, however, state at that the ground OF my
statements ny own distinct recollection OF
reports IN the newspapers 10 that enect,
confirmed by statements OF the honor
able member for StOEe-DT. kenealy. con-
oh,n ana laugnter.l shall, OIL course,
refer TO such authority as can command, and
feel assured the House VIII allow me as cary an
Tlty whlcn the statement was made or 70 offer
such apology a. | can. r'lIearl hearFJ In the
meantime very much regret that wnen made
similar statement on a former occaslon-Wnen by
notice | Drought the question OF contempt OF
court and OF some OF the proceedings az tnat trial
before the House t"order order'J-
The sPEAkER-The honorable gentleman cannot
60 into that
Mr.. WHALLEY-I will mention the subject again
al a future ana early an occasion as possible.
The subject then dropped.