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them, they found on each a sove- matter of business and calculation, reign, an half crown, and a shil- to Mr. Cobbett, who interested ling. The money was produced himself in the plaintiff's favour. and identified by the prosecutor Mr. Parkins proposed to remit 1001. and Mr. Holmes. This was the to Byrne in Ireland, from which case for the prosecution.

Mr. Cobbett dissuaded him, and The prisoners being called upon cautioned him to take care, on his for their defence, they both repeated own account, how he advanced so the charge, and persisted in stating much money, which might never that the contents of the letter were be repaid. “Oh," replied Mr. true. They called no witnesses. Parkins, “ I can be no sufferer, for The counsel for the prosecution I have already received 1501." said, they were possessed of evi- Now he would produce the defenddence to show that, in point of fact, ant's own account delivered to Mrs. the prisoner Gardener was in bed Byrne, acknowledging the receipt at his lodgings, seven miles from of 1501. after the arrival of the spot, at the very time when he Byrne in England, and making, represented himself to have wit- together with the 1501. mentioned nessed the supposed transaction in to Mr. Cobbett, the sum of 300l. question ; but the learned judge Mr. William Cobbett was then said, that such evidence was quite called, and appeared in the box. unnecessary,

the utter falsehood of Mr. Parkins: Now, Mr. Cobthe charge having been demon- bett, let me ask, do you believe in strated by the witnesses already the Bible ?–Mr. Cobbett: Let examined.

me ask you, if you believe that you The jury immediately found are the father of Hannah White's the prisoners guilty.-Mr. Baron bastard child. Graham sentenced the prisoners to The Lord Chief Justice: Pray, be transported for the term of their Sir, answer the question. natural lives.

Mr. Cobbett: It is not the

Bible, it is the Testament. COURT OF KING's BENCH

Mr. l'arkins: Do you believe in it?

-Mr. Cobbett: I do believe in APRIL 15.

it. Byrne y. Parkins.

Mr. Cobbett was then examined Mr. C. Phillips stated the case by Mr. Patteson, and gave evidence on the part of the plaintiff. The as follows:-I know Mr. Parkins plaintiff became the object of com- and Byrne. I recollect a subscripmiseration in consequence of the tion being collected for the plainvices of another individual ; and tiff. I had a conversation with Mr. Mr. Parkins undertook to collect Parkins in September, 1822, about and receive the sums which might a fortnight before Byrne's arhe subscribed for his benefit. The rival in England. Mr. Parkins charge against Mr, Parkins was, told me he had written a day or that he withheld a portion of those two before to Dublin, signifying

It would be shown, that his readiness to send 1001. to a early in September, 1822, he con- Mr. Stanton, the editor of a newsfessed that he had received. 1501. paper, on account of Byrne. I on account of Byrne, and this not advised him not to send the 100l., boastingly-not jocosely--but as a as it would be better to keep it till




Byrne arrived, and give it him know nothing about, I will ask here, and I asked him how he you a few questions. Pray what could venture to send 1001. already, trade are you? - Mr. Cobbett: expressing my surprise that he had What trade? I am neither a dogthe means of doing so in his hands. seller nor a coach-maker.—The He replied, “Why, man, I have lord chief justice, with much got 1501. in my hands.” It might urbanity, said, “ That is not the be a little more, or a little less; way to answer the question.”— but 150l. was the sum I understood Mr. Cobbett: must I answer it my him to mean, and which he cer- lord ? — The Lord Chief Justice : tainly mentioned. I think the con- Why not? cannot you say you are versation ended in his agreement a bookseller, if you are so ? It not to send the 1001. He did not is not for me to instruct you ; but speak boastingly; we were talking I have heard you are -Mr. seriously of the matter. I was urg- Cobbett: Well, I am a bookseller. ing him not to lay out the money I never saw you but once before improvidently; and to be careful you spoke about Byrne, when you how he sent it to Ireland. When told me you were the son of the Byrne came, he obviously was duke of Norfolk, and he owed you destitute of means, except from the 28,0001. I do not believe a word subscription, though something had of it. You also told me, lord Sidbeen given to bring him over. On mouth had paraded his daughters the 1st or 2nd of November, I had before you, to get you to marry a conversation with Mr. Parkins as one of them. The witness was to how Byrne should live most cross-examined as to his having economically till the subscription written certain articles in The should be completed. I proposed Statesman and the Register, none that he should go to live with Mr. of which, however, were read; and Blair, a farmer, at Worth, in Sus- being asked whether he had not sex, where he would live at very recommended Parkins to invest little

expense, and that expense I 1001. in American stock for Byrne. was willing to bear myself, that Replied: No, never. I never rehis money might not be wasted. commended stock to any human Mr. Parkins objected to that plan, being---no paper money. “Get and said he had a place for him to your money and lock it up,” I have reside in, at no expense at all said to everybody. If I recomthat the little victuals he would mended that you should take the want, he would give him; and that chair at Byrne's dinner, it was behe (Mr. Parkins) wanted Byrne to cause you had the money.--I said, go round with him to meetings and

“ What are we to do? If we go societies, that he might show the without Parkins, he has the money, people the sufferer, and induce them and he will sack it.”—Mr. Parkins: to contribute for him. I yielded, on -Did I not offer to leave the chair, this, though with great reluetance; in consequence of your introducing he overpowered me with professions something about the bishop?--No; of sincerity : I thought him sin- I thought you went to it a great cere; I could not think otherwise. deal too eagerly, and stuck to it a --Mr. Parkins then began to cross- great deal too long.–Mr. Robert examine Mr. Cobbett. As you have Bell stated, that, in the spring of told a long story about me which I 1823, the defendant told him he



had not paid Byrne all the money sent, The King's Most Excelhe had received for him ; and in lent Majesty in Council. the winter of the same year, he Whereas, there was this day read told witness he had employed him at the Board, a report from a comto take care of his stables.-Cathe- mittee of the lords of his majesty's rine Byrne, daughter of the plain- most hon. privy council, dated the tiff, proved an account delivered 7th of last month, in the words by the defendant to her mother. following, viz. :The account was read, and stated “ Your majesty having been the subscriptions received, to the pleased, by your order in council 7th April 1823, to be 1511. 8s. 3 d. of the 15th of November, 1822, to - This was the plaintiff's case. refer unto this committee, the

Mr. Parkins called Mr. Henry humble petition of William Rough, Hunt, who stated, that, in Novem- sergeant at law, late president of ber, 1822, the defendant introduced the honourable the court of criminal the plaintiff to him as the injured and civil justice of the united colony Byrne, and mentioned the sum of Demerara and Essequibo: setting that had been subscribed for him to forth, that the petitioner, in the that time, which was certainly beginning of the year 1816, went under 501. Two or three days out from England in the aboveafter, Byrne called on him, and mentioned capacity, and resided said Parkins was going to set him abroad as president until December up in a livery-stable, and requested 10, 1821. That, however, in the witness to send him his horses. - month of October of that year, by Several witnesses proved payments a violent act of authority, the peof small sums by Parkins on Byrne's titioner _was suspended from the account. --Mr. Phillips admitted exercise of his functions in such that the plaintiff had received 501. office, by his excellency majorfrom the defendant.—Mr. Tozer general Murray, lieutenant-gowas called and sworn, but it ap- vernor of the said colony. That peared he came only to speak to the petitioner during the weighty the character of Scott, who was and important disputes that have not examined.-Mr. C. Phillips: agitated that colony, over the court Pray, Sir, were you not principal of criminal and civil justice, of operator to the late Johanna South- which it was his lot to preside, cote? - The Lord Chief Justice : has ever been fixed and constant in You need not answer that question; his determination, fearlessly to it has nothing to do with this confide in the law and in your ma

-Witness: My lord, I have jesty, a sentiment which at various no objection to answer it. I was stages of the contentious transac—and I think it an honour of tions in which his duty to your which I may boast before the majesty has engaged him, he has whole world.

undeviatingly and perpetually exThe Jury found for the plaintiff, pressed, that your majesty's prindamages 1531. 58. and costs. cipal secretary of state for the

colonial department, the right hon. REPORT OF THE Privy COUNCIL. deemed it expedient to refer the

earl Bathurst, although he has not At the court of Carlton-House, petitioner's case, upon


request, the 14th of June, 1825.. Pre- for the opinion of your majesty's



legal officers, has yet nevertheless harsher proceedings, would be embeen pleased to avoid himself mak- powered under the fatherly and ing any final decision thereon, and protecting statute passed in the has further been indulgent enough 42nd year of your majesty's most to engage to the petitioner, that he pious parent, his late majesty of shall be aided and assisted with all blessed memory, to pray the punishdocuments and evidence from time ment of deprivation of professional to time lodged by the petitioner in military rank against a lieutenanthis (the colonial) department, so governor committing wrong, as the that the petitioner's case may, as a petitioner alleges the before-menwhole, be fully heard and investi- tioned major-general Murray to gated. That the petitioner, there have done ; so, now the petitioner fore, conceiving himself to have earnestly prays, that it may be been deeply injured and aggrieved referred by your majesty's gracious by the above act of his excellency sense of justice, to your said right major-general John Murray, lieut. hon. privy council, to say whether governor aforesaid, as well also as such censure be not the only adeoppressed by the general conduct quate reproof which your right as connected with and leading to hon. council can recommend to the said act of suspension of the your majesty under the circumsaid John Murray, from August 1, stances, to be made good by evi1819, down to June and July of dence. Lastly, the petitioner rethe year 1822, respectfully and spectfully prays, that your majesty humbly prays to be permitted, may be graciously pleased to relieve through your majesty's grace and as early as possible the petitioner's favour, to state publicly his com- mind from the painful consideraplaint and wrongs before your ma- tion that he, as a judicial servant jesty in council. That the peti- of your majesty, has been intertioner desirous of avoiding, if pos- rupted in and removed from (howsible, the necessity of resorting on ever undeservedly) the exercise of his part to his legal remedies of his functions, and with a view to indictment and action (measures extend to him such relief, that painful and distressing), respect your majesty may be pleased to fully entreats and begs, that after direct his case to be forthwith a perusal of his case, and documents referred to your right honourable by the right hon. the earl lord pre- privy council, as referred. The sident, it be the gracious order lords of the committee, in obedience and command of your majesty that to your majesty's said order of rethe petitioner be referred for hear- ference, took the said petition into ing, and for the production of fur- their early consideration, with the ther evidence to your majesty's documents accompanying the same; righthon. privy council

, and therein and after several meetings on the it

may be agreed upon and deter- subject matter thereof, directed mined what due reparation should that the petitioner should be inbe accorded to the petitioner, for formed that their lordships having the injuries to his honour and repeatedly taken his said petition character which in the service of into consideration, together with your majesty he has personally and the various and voluminous papers officially sustained ; and as the pe- which had been successively pretitioner, if he had recourse to sented by him, found it impossible

for them to proceed in the matter, which lieutenant-governor Murray unless he should reduce to a distinct was accused of illegally suspending and specific form, such charges as he the late president (the petitioner) might be prepared to prove against from his office, were still, in their lieutenant-governor Murray, in opinion, not sufficiently definite order that, if necessary, they might and precise for the purpose of callbe transmitted to the said lieute- ing on lieutenant-governor Murray nant-governor for his answer; and to give an answer thereto, the peshould also specify distinctly the titioner was acquainted therewith. relief for which he prayed; and And their lordships having subsetheir lordships having considered quently received several letters and the letters of the petitioner in reply, papers from the petitioner, he was directed that he should be informed, required to state whether he was that in conformity to the intima- desirous that the only charge which, tion which had been conveyed to in their opinion, was sufficiently him, their lordships were ready to precise to be proper to be transreceive such articles of charge as mitted for answer to lieutenanthe might think himself prepared governor Murray should be so to prove against the said lieutenant- transmitted, or whether he was governor, and that it would be also prepared to reduce into a more convenient if he would specify the precise shape any or all of the reparticular facts to be adduced in maining allegations; and the petiproof under each article. And a tioner having given no explicit paper having been accordingly put answer to the said communication, in by the petitioner, containing their lordships did, on the 10th of sundry articles of charge against July, 1823, cause a copy of the the said lieutenant-governor, their said petition, and also a copy of the lordships directed that a copy of the said "last article of charge, to be said paper should be transmitted to transmitted to lieutenant-governor your majesty's attorney and solicitor Murray for his answer in writing general for their report, whether to the said charge forthwith. That the said articles of charge were such answer was not returned for sufficiently precise and proper to be a considerable time, owing to the admitted for the purpose of calling circumstances represented by lieuon lieutenant-governor Murray to tenant-governor Murray ; but hav

give an answer thereto. And your ing at length been received, and majesty's said law officers having their lordships having acceded to reported as their opinion, that the an application of the petitioner to said articles of charge were not, in be heard by counsel, and having their then state, sufficiently precise signified to him that he was at to be admitted for the said purpose, liberty to be heard by his counsel, the petitioner was informed to that and also to the agents of lieutenanteffect; and a further representation, governor Murray that he might with several additional documents, also be heard by his counsel, or having been sent in by him, the otherwise, if he should so think fit; same were transmitted to the at their lordships did, on the 19th and torney and solicitor general, who 28th of February, and the 3rd of having reported that the said fur- March last, hear counsel on behalf ther statement of charges, with the of both parties, and their lordships exception of the last article, on having since resumed the consi

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