Law Report.
The Times, 1824-05-13T00:00:00

As soon as the U;ourt was full, the LoitD CHIEF JUSTICE mlled on M r. Parkins to move in this cause. Air. Parkins rose at the back of the Court, and was beginning to iddress the Judges. The LoRtD CHhIEF Justice suggested it would be more conve- sient if he would come nearer to the Judges. MIr. Parkins thanked his Lordship, but said that as he had ar- ang= 1 his papers, he would prefer addressing the Court from that dlace. The LORD CIIIEF JUsTIcE said that it would be more eon- Fomrable to rule if he caine down to the floor; they could make no listinction of persons. Sir. Parkins said that he wished to conform entirely to the rules if the Court, and took his station on the floor. He then began his iddress.-." in rising to move for a new trial in the case of Byrne v. Parkins, I am agitated by feelings which I am sure every gentleman md man ot' honour will fully appreciate; and I trust, nay, I am .ure, that r shall receive every latitude which your Lordships can properly afford me. Will your Lordships allow my affidavits to be read first by the officer ?" The LORD OIIIEF JUSTrICE.-You move on affidavits then, Sir ? nIr. Parkins.-In the first instance, my Lord. The LORD CHIEr JusTicE.-Then it vwill be best, perhaps, for ,ne first to read my notes of the trial: they may cause the affidavits Lo be Uetter understood. Mr. Parkins.-If your Lordship pleases. The bonD CIIIEF JUSTICE then reid his notes of the trial, which were fully given in the report of the proceedings on that oc- casion. It may be recollected that the plaintiff sought to recover the balasce of subscriptions received by the defendant on his be- half. To prove the amount, the Plaintiff called-John Scott, who had been a clerk in the defendant's employ, and who stated that Mr. Parkins had told him that the subscription amounted to 3001., and that afterwards a subscription of 51. was received from Sir Francis Burdett; Mr. Cobbett, who said that M11r. Parkins told him the subscTiption amounted to 150). before the arrival of Byrne in England; and iMr. R. N. Bell, who spoke to some other declara. tions of the same nature. Bitt they also pixt in a paper, furnished by M1 r. Parkins at the close of the subscrh;tion, specifying the names or signatures of the subscribers, and debiting himself with only a littlC more than 1521., and taking credit for veekly payments of 21, and for some other sums which had been paid to Byrne. For the defendant, his clerks were called, who swfore that he had not, to their knowledge, received mnore than the sums so specified ; proof was given of son:e other disbarsements, as for a clerk t? collect the sub- scriptions, boxex to contain it, advertisemnents tel pron,ote it, and newspapers to record its success; and an attempt iwas made to esta- blish a set-off sufficient to overpay the remaining balance, for the rent of a house and stables, which Parkins contended that he had let to Byrne in order that he might carry on the business of a livery- srable-keeper, and which Byrne contentled that he merely took care of as tbe servantot Parkins. Thejury found a verdict for the plain- tiff-Damages, 1941. 4s. 4.jd. The affidavits were then read by the officer, but in so indistinct a tone that we are not sure whether we understood them in all respects correctly. The afridavit'of SIr. Parkins himself stated that lie was induced to undertake the management of the subscrip- tion at the request of Byrne hinmself, and from motives:of pure hu- manity; that it was opened on the 19th of August, 1822, andaclosed on the 7th1 of Apiil, D123; tbat during the whole of this time the surs subscribed were entered in a book, which lay open in his of- fiee; and that the sums 'eceived in the whole amounted only to a little m&e than 1521., according to the account deliveredte the plain- tiff, and produced by him at the trial. Mr. Parkins positively de- Died ever havirg told Scott that the subscription amounted to 300I., and asserted that Scott must have well known to the contrary. He represented that his statement to Cobbett was, that he-would advance 1001. on the subscriptions expected; and protested that he had dluly accounted forall the money which came to his hands. Affidavits were also nsale by Richard Henry Taylor, Charles Swift, Henry Howe, and Williani Jackson. tending, as wYe unidustood them, to contradict the evidence of Scott, and to prove that he was actuated by resentment against Mlr. Parkins. Another affidavit of Mr. Par- kins was tenidered; but the Court, accordiag to invariable practice, [declined to-ieceive it, as made after the first four days of Term. lIr. Parkins,then resumed his address to the Court with great rapidity and emotion. He entreated them to consider tie situation in which he stood-fiar worse than if he were accused of murder or robbery. If he had been tried for murder he might entitle himself to sympathy, by showinz that he acted under provocation too violent Ifor endurance: iflhe hae been tried for robbery, he might plead ne- cessity as an excuse: but -there could be no palliation for the base, nean, and dinhonouvable conduct 'which had 'been laid to his charge. He was not a poor man; he was rich-rich in the approbation of his own consdeince-ricb, also, in fortune, as the world knew: he had just embarked 50,0001. in a single speculation ; and Icould any human being belitve that he woulabeguiltyoftheshame. ful meanrness of which be was accused, for the sake of the miserable trfle which lie upi ht acquire?' Considering Byrne as an injured and oppressed in vidua, he had sought him out in a hospital, and had given hlh fi. to seliev6bis imipediate necessities, and 1L from a friend, whicb was the b'eginning of the exertions made to relieve him. After this, he saw an article in a newspaper, edited or published by Mr. Stockdale, announcing that Byrne was coming to England. Being cenvinced that this measure was utiuwisethat' if he came here, he would fall into the hands of Cobbett and *nren like him-he wrote entreating him to remain in Ireland. Byrne, however: replied that lie hI3d received 20L from the araquis oh 4}ertfora, w bih wOtald enale hira to take the joamrey; and thai he was determined to come. Ir. Cobbett then 'applied 'to him (Parkms) to request that he would' withdraw his opposition to the step, alleging as treason that the Habeas rorpus Act was.suspended in relnd,sui tAt BYrne was not safe from arre-st, which the re.- vengefulfeelings of hIs cnemieg mightaiefate t The LoxtD Cssnr. 'JUSTICE,:.YOU are now stating cirejim- stanes' which could not be proved' od a second tril, inetl whicbh t6eyefore, we ou0ht not t6 bear.'- ; fr, Pacins.-M DLordI Iwish to expl*inmy cost:'is W-tm te t rA Imay eyer a~ i Britis,bmt ofius. on-Tme,-speind m a tsbilRg, soteditheai-do 6f myblood, K The Lo*tD nx Tar .itM.atoiweit)e only to-attend tossich riatterasarrele[aiitto the', ber6oei -; ann ourmse:propftroFthe teutovstf ibbeeo0. 'A. Ptrkins.-MLe, _it i d to hi 6 t 1hve hd fr 'uh and t halbseat rir' me byr can who was protected bya gown and hi i e wae Iws tting on ii'n s, ana could not answer him. - TheLORD CtEnr JusTrIJ.;-.That hus no 'rehltioi whatever to the case before ts. . - I - I ,Mr. Parkint.-By Lord, I wish to show the witkednew of'Scott and thosepeople who have sworn ainst'we. The Lo9D CHIEF JUsTIcE.-..YOU .are casting imputations on persons who are not here. Ir. Parkins.-Ay Lord, they have beei here. (Alaugh.) Mr. Parkins then proceeded to descant on the*enduct of Scott, who, he said, bad got runk, and had been dismiwed from is service - who originaUy, was retained in compasion to his diitreus entirely on the bussiness of the subsuhipton, but whio afterwars wax taken back for general purFoses; tor he (Mlr. Parkins) had applications ignunerLble from persona representingtbemseves to be distressed- appcations to wbich he never yielded rwithout laborious inquiry, and which had been brought upon him bY bis1tondiict in the office of Sheriff, which he Served, riot by his own desire, but that of his felowcitizens. Arong these cases was that of a notorious Jrisb waoYuldr,not eonteir.e^vitb owo S and many others, into which he r. Justice BAYLEY reminded AMr. Perkins that these matters were not before the Court. Air. Parkins proceeded. At the trial of this cause he was de- prived of- the asaistaRce of that honourable, able, and religious man-es such he sincerelv eKeemed him-Mr. Gurney, who sbould have led the cause, but who was prevented by illness -'and though he was far from meaning to reflect on Mir. llMarryat who conducted it im his stead, yet he utight be allowed to regret tb*t he had not had the same opportunities of communicating-with htm which be had enjoyed with Mlr. Gurney, and that consequently he might not so Tvell understand aU the bearings of the cattle. For this reason, Scott perhaps had been allowed to pass unquestioned as to some transaetions which might have been brought -to bis memorv. Wben the subscription began, be (lr. Parkins) applied to severil bankers to receive it, but tber refised; and it was not till he lodged 1,5001. in the hands of lessrs. Brookes and ilxon, that they consented to receive it. Aftervards, boxes were provided, and monies were received. whiCth never came into his hands ; was he to be responsi- ble forthese? Alr. Justice BAYLEEY.-Yes, if they *see received by your agents; and Mr. Scott and Mr. Lemoin were your clerks. Mr. Parkins.-But am I to be accotntable for money which Byrne himselfreceived ? Mr. JusticeBAYLaY.Certainly not-; the matter stands tbus t- Yoi admit to have received by yownWand yotir igents abtnit' 152L': out oftbis, certain payments h4ve been inade to Brne, which youare entitled to deduct; and there is now l4L.in tbe banlcer's Kands. Mr. Parkins.-Not in my name, my Lord; but in that of Byrne's subscription. The LovD CHIEF JUSTvCE.-Itisnotsoleftas thatByrne can receive it-for that is the ground of his complaint. lr. Parkins.-He ought not to receive it till I am allowed the money I have naid for him. The LoRD CHtIEF JUSTICE_-That Is just what we say. Mr. Parkins-MyLord, there was expense incurred-boxes were provided like this (holding up a tin box IDte a canister), and when they were full, the money, if it had not been received by Byrne or Scott, was taken to the bankers. With respect to the stables, I let them to this man's family; he advertised for horses, and I never would have madethischarge-indeed I should have scorned to makle it, if I had not been ungratehylly cAarged with persuading him to take tbem. I have one of the newspapers heue in which he adver- tised for horses. AMr. Justice BAYLEY. You are offering us what we cannot re- ceive: there was no newspaper given in evidence. The LoRD CHIEF JUsTicE.dNeither vou nor any man In Englandought to state that which is not,andwhichcannotbe proved. AIr. Parkins.-.ly Lord, I refer to the evidence. The LORD CHIErF JUSTICL.I have read it all, and 'will read any part again that you please. His Lordship then read again the evidence oF Scott. Mr. Parkins (holding up aR account-book).-Ierein this book,is Scott'.s own writing to the accoantgiven in by me, and yet he swears that I received 3001., which he must have known to be false. Mlr. Justice BAYLEY.-.He swears no such thing; he onlyswears that you told him the subscription amounted to SO00. The LoRij CHIEF JUSTICE.-I told the jury that there was no proof that you liad actually received more than about 152L; I di- rected their attention to the expressions spoken to by Mr. Scstt, Mr. Cobett, and Alr. Bell, which implied that the subscription amount- ed to a larger sum; but I requested thesn to consider whetber, sup- posing these witnesses spoke the truth, those expvessio,ss were not rather to be taken in the nature of boasts, which a mnan might loosely indulge in, when he wished to heighten -the vadue of his owrn senvices. Nr. Justice BAYiEy.-Does your aidavit state that any part of this accounBt is in Scott's hand-writing? MIr. Parkins.-...Yes, my Lord; the very last item received, so that he must have known I never received 3001. The Judges looked at the book (which ywas produced at the trial), and after*vards The LORD CHiIEF JUrsTrcE asked 31r. Scarlettifhe was counsel for the plaintiff at the trial; and receiving an answer in the negative, inquired what gentleman conducted the case ? Mtr. C. PHILLIPS rose, and said he was for the plaintiff. The LORD CHIEF JUSTIcrN-Might not some arrangement be made beneficial to all parties? Mr. PHrILLIP.S-I wll tell your Lordship'why I think not. The next day an action for slander came on for trial The LORD CHIEF JTrSTTCvro.Vn,, _ _ - .h..X...-....,...,'WO aa x,&,ss IiFiruy. aie con COfl5encU of thc verdict which wriaobr aIneedayheaa re. Mr. Justice BAYLaEY.-YOU bad a verdict for 40s.; but the question is, whether you bave not a verdict in Od, action for more than you ought to retain. Mtlr. PHILLIrs.-I think we should have obtained a large verdict in the second case, if we had proceeded. 1r. Justice BAYLEY.-We cannot enter into thai now: the question is, whether this verdict ought to stand. Probably theCourt mnay think that a verdict ought to have passed against Air. Parkins for something; but they may doubt vrhether for so large a sum as that which the jury have given. Jt is very likely they may think r. Parkins net entitled to sonieof the deductions for, whuich he takes credit-for the rest of' stables, or for newspapers, or for money paid to his clerk; because it is generaUy underxtood that when anindivdual steps forward to conducta subscriptioneftlhis kind, his exertions are to be gratuitouS. But perhaps theymayalso think that AIr. Parkins has bcen charged with more than he ever received: certainly, according to this book, he received only about 152L., anm he undoubtedly has paid more than 401. or 501. to the plaintiff. MIr. PHR1LLIrS.-My Lord, we gave up our chance of thesecond verdict, in consequence of the amnount of the first: I have no objec- tion to trv both causes over again. Alr. Parkins (ith great eagerness).-That is all I ask. (A laugb.) Mr. Justice BALtY-wouia it not be the mnost advantageous course for the plaintiff, that some one should look at the wholo case out of court, and decide what he ought to receive ? The LORD 0ilIEr JUSTICE.-I think that if some gentlemen were to investigate the case, with a view to determinne how inuchNt. Parkins actually received, and deduct only the payments actualy to lByrne, that justice will bc done between the parties. MIr. PstsILtroIPS.-Bst your Lordship will remember that we gave up the second verdict, on DIr.par ins's adlmissionthat be was wrong, and from a reluctance to enter into a discussion which yourlIordship will appreciate. Mlr. Harmer, the atteey, is not here, or I would communicate with him on the suggestien of the Court. The LonD Cmi'- J1JSTICE.-AU we can sany t pre6eat is, that MIr.Parkins should take a rule to show cause,inthe alternative, why the verdict should not be reduced, or why tbere should not be a new trial. Afr. Parkins.-I will thank your Lordship as long as I live. Dlr. PHILLIrs.-PerhaDs Mr. Parkina may not be aware that his affidavits must be filed. ttr. Parkinot (with a keen extression of contempt).-Do you think tbat I rid notaknow that they must be eseo ? n beg to yav in an- swer to lUr. Phillips, that r gave up the second action at iis own request, and to spare the feelings of an honourable family. Here the matter dropped. MIR. 53LIG5. This gentleman appeared in court, pursuant to hit recognizance, and his appearance was recordel. LAW REPORT. IICT7!T n r^us -X I. _ _vv A _ lYr-wN V. PARKIWfS.