The Sun. — 1847-02-01 (London, England)

ATTORNEY-GENERAL then proceeded to address the Court in support of the rule. He said he was more inclined to believe that the sentiments of his Learned Friend (Mr. Ballantine) were those of his !client than sentiments in which he could participate with any sincerity, because he had charged Mr. Wakley, if not with having committed perjury, with having sworn jesuitically. A direct attack had been made upon Mr. Wakley in his capacity as coroner; but he should show that the conduct of Mr. Wakley, in this respect, was above reproach, and he should prove this by the . " work," Dr. Wilson; and with seeking popularity in order to help his fortunes at the next election? Did Mr. Healey mean very tests which his Learned Friend (Mr. Ballantine) had applied, as he should refer in proof of it to the reports of the proceedings which the defendants had had verified on oath. Now the libel was published two days before Mr. Wakley had arranged to sum up the evidence, and to bring the inquiry to a close. On first meeting the jury, Mr. Wakley stated that the line of investigation he should pursue was this—first, to inquire into the man's health at the time he was punished ; and next, into the punishment itself. The inquiry proceeded, therefore, in its natural course—in the course laid down at the commencement. On that occasion lie stated that he considered it most important that the spine should be examined, as the man's legs had been paralysed two days before his death. Mr. Day was appointed, but on being examined he stated that he could give the reason of his his death without such an examination. But the jury considered that the spine ought to be examined, and desired the coroner to nominate a proper person to do so, and the inquiry was adjourned. Lord DENMAN said it was admitted that the inquiry was properly conducted, and that the summing up of the coroner was proper and temperate. The proceedings were before the Court, and were verified by affidavits. Now, he did not think that there was anything in these proceedings proving misconduct of any kind. He thought, therefore, the Court might save the Learned Counsel a deal of trouble by informing him that they considered his conduct in that particular respect unimpeachable; therefore the question would turn upon the conduct of the coroner towards the medical witnesses. The ArromarEv-GENEnar. thanked the Court for this intimation, and proceeded to deal with that part of the subject. After reading the alleged libel at length, and commenting upon the various expressions used, he asked what they could think of the conduct of the defendant in publishing such an article on the very eve of the close. of the Inquiry to which it referred—an article which charged Mr. Wakley with hinting conjectural replies to private soldiers, with wishing to bring a charge of murder to the door of a respectable medical practitioner (Dr. Warren), and, failing lain), the commanding officer, and, failing him, the farrier ; with traducing the character of a justice; with dividing fees with his man of all to set up that he did not know who wrote the article which imputed such motives? Mr. BALLANTINH said he had sworn that he did not. The ArroaNET-GENERAL said much stress had been laid upon the speech which Mr. Wakley had delivered at Exeter Hall. It was very natural for Mr. Wakley to have adopted such a mode of making his sentiments known ; few, he apprehended, in that court would like to retract such expressions as those used by Mr. Wakley on that occasion. Then, the medical gentlemen were excluded from the'inquest and from the post-mortem examinatien, by the wish of the jury. But even if that was indiscreet, did that furnigh Mr. Healey with any pretext for publishing such a libel ? He apprehended also that the Act referred to with respect to the examination of medical men had not been unheeded but complied with. He concluded by expressing a hope that the Court would make the rule absolute. Lord DENMAN said lie was at loss to understand why the medical men who had first seen the body, and who were ignorant of the fact that the man's legs had been paralysed two days before his death, were excluded from the last examination were excluded body. ne w that paralysis had taken place. The