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it has been the pleasure of his ma- not against this colony, except as jesty to name other persons as his it is a component part of the emcommissioners, who are strangers pire. But, after all, is not the to the colony, to its courts, and its question absolutely disposed of by customs, to whom the practice of the authority under which we are another court (which practice is a assembled ? The 46th Geo. 3rd., departure from the grand princi- c. 54, says, that the offence which ples that govern the rules of evi- is now the subject of investigation dence), as binding upon this, must shall be inquired of, adjudged, and have appeared, as indeed it does to determined, according to the comme, a very strong attempt to in- mon course of the laws of this vade their reason and their judg- realm, and not otherwise, in any ment. I will also put a case, not of his majesty's colonies, by virtue so happily, indeed, as it has been of the commission before us. put by the attorney-general, but have, therefore, simply to inquire, still disposing of the question. what are the disabilities which, in Under the authority of this com- the common course of the law of mission, the court can assemble the realm, render a witness incomonly in this island; but it might petent. These objections, we find, have been the pleasure of his ma- are fourfold (1 Phil. 18). The jesty to authorize the commis- first ground of incompetency is sioners to hold the court in other want of reason or understandingislands also--in Dominica, for in- a second ground is defect of relistance. In Dominica, the evi- gious principles-a third ground dence of slaves, under certain re- arises from conviction of certain gulations, is admitted, as affecting crimes, or from infamy of characfree

persons, in their common law ter—the fourth and most general courts. Is this court then to shift cause of incompetency, is interest. its practice according to the shift- And in ‘Jordaine v. Lashbrooke' ing laws and usages of the several (7 T. R., 610), Mr. Justice Lawislands ? Surely we must be go- rence said, 'I find no rule less verned by one prevailing compre- comprehensive than this, that all hensible system, founded upon the persons are admissible witnesses law of the realm of England. But who have the use of their reason, it has been said in argument, that and such religious belief as to feel the word slave is unknown to the the obligation of an oath, who law of England. I am not pre- have not been convicted of any pared to admit that. It was not mous crime, and who are not only known to the law of England, influenced by interest. Abstractbut was also visited with the dis- edly speaking, there cannot be any abilities of the servile condition ; more reason for suspecting the but among these disabilities, we evidence of the witness on the do not find his incompetency as a floor, than that of any other indiwitness. In 3rd · Blackstone's vidual under the same circumCommentaries,' we find that the stances as the injured party. If slave or bondman, not being liber his evidence is clear, full, imparet legalis homo, was not allowed to tial, free from all suspicion and sit on juriesbut we search in bias, he will produce in every vain for any disqualification of him mind, even in the most scrupulous, as a witness. This is an offence the strongest and deepest convica VOL LXVII.


tion, without any regard being had asks you about the pig, say it is to his servile and degraded condi- mine, that I bought it from you ;" tion. If, on the contrary, by any witness carried him the pig, and contradictory statements, or by asked him, if he took him away, any of those indications which where he would put him ? he said, those who are practised in our How can you ask so foolish-do courts know how to detect and to you think I am going to put you expose, as discrediting a witness, where you will be troubled ? give he will not be worthy of credit, me 20 dollars, and I will give you and all that he utters will fall a pass ; look at your master's negro, harmless, as it regards the prisoner William Laurence, I took him at the bar. In short, it is the cha- away, and he is making plenty of racter of the witness, and the cha- money;" told witness to call next racter of the evidence, that must night; when prisoner took him to prevail (1 Phil. 148]. Under these Arrindell's house, and the bargain considerations, it is our unanimous was made-witness was to give opinion that this is a competent a goat and two sheep, and what witness.”

money he could get ; witness carThe witness, Branch Hull, was ried the sheep to Fletcher and then sworn, and stated the circum- Arrindell, and gave the latter two stances in substance as follows:- dollars towards the

passage money; That he met the prisoner one day this was on Friday ; prisoner told in Charlestown, and went, by his him to call the next day early, and invitation, to his house ; prisoner he would take him away ;

he went, inquired, if he was a freeman ; wit- carried his clothes to Arrindell's ness replied “no;" prisoner said, house, and slept at Fletcher's that « what! such a man as you a night; on Sunday morning, prislave ?” and asked to whom wit- soner said, “You must not stay ness belonged ; he replied, “to Mr. here through the day, people will Webbe;" prisoner told him, that suspect ;" witness went to Blackhe had carried many friends from rock Fort, and remained there till several islands, and, if witness night, when he returned to priwould get a little money, he would soner, and told him, he had forgot carry him ; witness asked how his promise about the pass ; primuch he would carry him away soner wrapped him up in the boat's for; he said a doubloon; and told sails, and told him to stay until he him, on his departure, that he must came for him ; prisoner came, and

; keep a still tongue, and say no- witness assisted in carrying five or thing about it.

Witness went to six boxes of salt fish and other town another day, and prisoner things to the boat, and also put asked him if he was ready; he into it his clothes; prisoner, Arreplied “I am ready--what do rindell, and witness, got into the you ask me now?" prisoner said, boat (called the Vigilant, belong"as you have been picking up ing to Mary Gardner), and promoney a long time, 20 dollars;" ceeded to sea ;, it was very calm

; witness proposed to him to take witness asked for something to stock, to which he agreed, and eat, prisoner said he had not a witness was to carry him a pig for knife, witness gave him his, which four dollars the following Sunday; he did not return, and witness the prisoner said, “If any body afterwards saw he had one tied up


in a handkerchief, which gave him night late; the boat sailed away suspicion ; shortly after, prisoner with witness's clothes, &c. which said to witness, “We are going to he never recovered: he remained gibe ;" they were then in the in the sea until nine or ten o'clock, channel between Montserrat and when he was picked up by a fishRodunda, Arrindell steering; pri- ing-boat; he had been swimming soner went to trim the boat, and all the time, endeavouring to get said to witness, “We are going to back to Nevis. gibe, you must sit on the gunnel ;" John Wilkinson sworn. He witness sat close to, but not on, said, that he had gone out fishing the gunnel ; prisoner edged up to early on the morning of the 11th him, and bade him sit on the gun- October, and seeing something at nel ; he did so, and Fletcher and a distance in the sea he made up Arrindell then spoke in some lan- to it, and it proved to be Branch guage he did not understand ; Ar- Hull, who attempted to get into rindell afterwards said to prisoner, the boat, but was unable to do so “What the devil are you about ?" from weakness; witness assisted upon which, prisoner took witness him in, and he sat down, trembling by the leg, and chucked him over- very much, and, on recovering a board, saying, “Ah, my boy, I little strength, he related to withave got you, you will soon be ness the circumstances he had stiff;" witness caught the boat aft, given in evidence; when picked and told prisoner it was cruel ; up, he was about three miles from Arrindell laid hold of his wrists, the land. saying, “Let go the boat, you The counsel for the prisoner d-d rascal !" witness held on; declined any further interference prisoner came to the stern, held in a case of guilt so heinous and witness's head down on the gunnel, palpable, and the court called on and Arrindell raised the tiller; him for his defence. What he witness looked up, and exclaimed, stated fully corroborated the evi“Oh, God!” and Arrindell let the dence given, but he denied any tiller fall; prisoner said, “What wilful intention of destroying the the devil are you doing, why not man he had thrown overboard, kill the man? do you want a who, he expected, he said, would fishing-boat to come up, and make have easily made the shore. trouble for us, and we shall not His honour the chief justice be able to go to Nevis again ?” charged the jury, who immediPrisoner then stretched out his ately returned a verdict of Guilty. foot for the knife that had fallen Another jury was then empaout of his handkerchief, which nelled, and the other prisoner, witness seeing, he slipped away, Arrindell, put on his trial; and, and went down in the water ; on the same evidence, he was likewhen he rose, he pretended to be wise found Guilty. unable to swim; prisoner said, The sentence of the law was “Ah, my boy, I have put you then pronounced on them. where I have put many, in a few On the day appointed for their minutes you'll be stiff;" this hap- execution, they were conveyed pened between one and two in the from the gaol, in a cart, to the bay morning of Monday (Oct. 11); at the foot of the Pond estate, they had left Nevis the preceding where the gallows was erected ; and

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were both launched into eternity, ceeding to call witnesses, when he in the presence of an immense was once more interrupted by him. concourse of spectators.

My lord,” said Mr. Glascock,

“before any evidence is produced in KILKENNY Assizes.

this cause, I wish to state that I Farley v. Joseph Timothy Haydn. fee of fifty guineas on the back

am especially retained in it, with a This was an action against the of my brief. This is ten times defendant as part proprietor and more than Mr. Scott, or any other general editor of the Dublin Star barrister here, has received. The newspaper, a libel on the cha- bar is a close borough; they wish racter of the plaintiff, published in to exclude all intruders, but I am that paper on the 16th of March, determined they shall not exclude 1824. In addition to Mr. Scott, me. I have established my right who is a king's counsel, and Mr. to be heard before the chief baron Hatchell, who is a gentleman in in the case of · Carr v. Shannon,' respectable practice at the bar, the and though I had three king's defendant brought down Mr. T. counsel against me, I beat them all Glascock, a Dublin attorney, short single-handed.” in stature, spruce in dress, and Mr. Scott now requested the inviolently vehement in manner. terference of the Court.

The Lord Chief Justice Bushe, The Chief Justice. The first haivng taken his seat on the bench, thing that I shall consider is, what inquired, if the parties were ready gentleman at the bar is authorized to proceed; but there being some to undertake the defence. I shall delay in consequence of the absence next consider, whether a gentleof one of the counsel for the plain- man who is not a barrister, but betiff,

longs to the other department of Mr. Glascock stood up, and said the law, is at liberty to examine

My lord, I think my learned witnesses, and address the jury. friends on the other side have Who is the attorney on the record ? agreed to withdraw this record. If Mr. Talbot Glascock. I am, my they had not, this delay could not lord; and my client could no occur. We will not, however, con- where find my equal. sent to it.”

Mr. Lanigan.--He is not the Mr. Scott.—My lord, I would attorney, my lord. not have it supposed, that I am a The Chief Justice.- Who is the party to what is now passing be- attorney retained in the cause. fore the Court.

Mr. Malone.-I have been reMr. Glascock. Oh, dear, cer- tained, my lord ; but my client has tainly not, Mr. Scott. I don't instructed me to give a brief to mean to inculpate you ; for if you Mr. Glascock. were obliged to answer for my acts, The Chief Justice. Then I will God only knows where you would not allow any other person to act be now.

as counsel than the professional Mr. Doherty stated the case on gentleman or gentlemen whom the part of the plaintiff, in doing you have engaged. which he was repeatedly inter- Mr. Haydn, the defendant, was rupted by Mr. Glascock.

then called, and stated that Mr. Scott The learned gentleman was pro- and Mr. Hatchell were his counsel. This avowal inflamed the choler privileges, and retired to consider of Mr. Talbot Glascock, who ima- what course they should adopt. In gining himself disclaimed by his the mean time the chief justice reclient cried out, “ Here is a pretty tired to hold a conference with business I have nothing to do but Mr. Justice Johnson. As soon as to make my bow to the Court, and the gentlemen of the bar had rebe off. But I'll be sure to take turned, the brief with me, and the 50 Mr. Sergeant Lloyd, as their reguineas into the bargain. I have presentative, stated, that as the been gulled, bamboozled, hum- question as to whether or not a bugged. I should have been by person who did not belong to the this at Mallow, canvassing the profession should be allowed to be whole town for my friend and heard as a counsel for another inclient, lord Glentworth, who is not volved the interests of the bar, able to represent himself, and I they would from delicacy prefer should not be surprised if this was leaving the decision to his lorda ruse played off upon me by his ship. two opponents, Becher and Long- The Lord Chief Justice decided field, to keep me away. They that Mr. Glascock should not be might have said, 'Give that vain heard, observing, that as the duties fellow a bribe of 50 guineas to go of the respective professions were down to Kilkenny, and we shall already precisely defined, he would not see his face in Mallow. We suífer no one to address the Court shall thus be enabled to walk over as an advocate for another, who the course. But I know that Mr. did not belong to the bar. Haydn wishes me to act as his The defendant's counsel were leading counsel. I now put the then induced to take back their question to him, whether he does briefs. or not?"

Another incident now occurred; Mr. Haydn said, that, though which added one more to the he had every confidence in the strange catalogue of events, with talents of Mr. Scott and Mr. which this notable trial was conHatchell, yet he also wished to nected. One of the jury was sudavail himself of the well-known denly taken ill, and it being abilities of Mr. Glascock.

proved, on the affidavit of a phyAfter a most absurd harangue sician, that he was unable to confrom Mr. Glascock, the trial was tinue in the box, the plaintiff's allowed to go on, and the first wit- counsel proposed that the remainness was examined by Mr. Shiel. ing eleven should try the cause,

Mr. Haydn then, to the great to which, however, the counsel surprise of the Court, said, he for defendant would not consent. wished the learned gentlemen Another jury were immediately whom he had retained as his empannelled, and the trial procounsel would return their briefs, ceeded, the counsel for the defendand that Mr. Glascock might be ant having previously determined permitted to act as his sole counsel. not to appear.

Mr. Scott and Mr. Hatchell Evidence was then adduced in gave back their briefs at once, but support of the plaintiff's case. the gentlemen of the bar were de- Verdiet for the plaintiff-Da. termined to vindicate their own

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