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Mr. Raine.--I do not know that be extracted by such protection. any action of the kind has ever I, like all my brothers, am inbeen brought.
terested in the full freedom of the Mr. Baron Wood. It appears to bar, but there must be a limit. me that an action cannot be main- The privilege of parliament is a tained for words spoken in judicial peculiar species of right that canproceedings. If a counsel misbe- not in its very nature be made haves, or goes too far, the judge actionable in courts of law. The who presides corrects his miscon- plain question here is, if the counduct; but if an action is once sel could with impunity go out of maintained, there is no end of it. his way, and say, Mr. Hodgson“ is Actions of this kind would per a fraudulent and wicked attorney.” petually occupy the court. If a Mr. Topping --Does your Lordcounsel were to pause in his plead- ship wish us to say any thing on ing, and to say such a man is a the question? great rogue, that would be action Mr. B. Wood.-Yes. able.
Mr. Topping.-1 did expect to Mr. Raine.—That is precisely hear some observations by your
We say the libellous Lordship on the novelty of this expressions were voluntarily and action. Its tendency and nature gratuitously used.
are important, not only to the bar Mr. Baron Wood.-No; whe- but to the client. If such an action ther a note was fraudulent or not, can be maintained, very different as I understand the record, for I will be the situation of every client know nothing of the nature of the in a court of justice, when deprived first action.
of the free and vigorous exercise Mr. Richardson.-The privi- of his counsel, at full liberty to leges of Parliament have been al- apply his talents, learning and luded to. I don't apprehend that industry to the cause in which he the question here has any resem is engaged. The words in the blance to them.-(Mr. B. Wood. record are only the opinion, the Why not?)—Well, be it that the inference, the comment, which utmost freedom of speech is allow- my honourable and learned friend ed; but to go out of the way to felt at the time to be merited. The attack character-(Mr. B. Wood. facts of the case warranted the No, it was not out of the way; comment. Mr. Raine very judicithe words might be too severe, but ously and very ably-I observe he they were connected with the nute. shakes his head, but I will sayIt would be a dangerous precedent (Mr. Raine, I read every word, to receive an action on such a -if Mr. Raine had not interruptground.)—If a man's character is ed me, he would have heard me injured, if, for instance, a surgeon say, in terms no ways disrespectis injured and obstructed in his ful to him, that he showed great career, there must surely be some prudence and discretion in not remedy. The presiding wisdom communicating the facts and cirin our
courts is no protection, cumstances of the case. The when the injury is sustained, words were severe, because my when the shaft strikes, and cannot hon. and learned friend felt severity Vol. LIX.
to be warranted. They were the ton was found liable in an action, comments which the learning and because he had written a letter ability of my friend suggested on respecting a servant, after he had the facts proved. “Some actions given the character. There was are founded in folly.” That action no vindicatien on record, because was so, for it ended in a nonsuit. the manner and occasion was the The whole passage was not respect- vindication. If'this action were ing the character of Mr. Hodgson maintained, it would be the ruin in general, but in this case. If of the British public as well as of the counsel are not allowed to the privileges of the bar. comment on the facts proved, Mr. Littledale.-The words athere is an end of the British bar's rise from the fair discussion of the utility; its energies are paralyzed question. If they had been used for ever : without those fair and on a question of trespass, the case honourable exertions which would be different. The action thus attempted to be suppressed, was on a note ; the note was frauit will be neither creditable nor dulent; it was wicked and frauuseful. The expressions used by dulent in an attorney to act so: my friend were called for and Mr. Hodgson was that fraudulent merited in my opinion. But it and wicked attorney. The words was necessary not only to prove were not distinct and independent. that they were false, but malici- I admit that Mr. Scarlett would
Good God! will it be said be liable if he had spoken the that we feel any malice against a words in the street, or
caused party against whom we exert our them to be published in a news selves at this bar? Will your lord- paper. That what would othership be the first judge to fetter the wise be libellous might be said in bar; and, if I may use a coarse giving the character of a servant and vulgar expression, to oblige was proved in the case of Weatherevery counsel to address a jury stone v. Hawkins. with a halter about his neck? The Mr. Raine, (in reply.) ---The danger is palpable and plain. Your words are false. The comment was lordship will not allow in 1817 a unmerited. That they were maliprinciple to be established hitherto cious, I may say, appears on the unknown to English law.
face of the expressions. I have Sergeant Hullock. That this been twitted twice ; one sneer action is primæ impressionis is would be enough for not citing a proof of the unanimous opinion I distinctly admitted that I of the whole profession against knew no case, The question.is, it. The words 'were used in the whether there are no bounds, and fair and legitimate exercise of his Counsel may go any length. If profession; they were too strong there are, to call my client frauperhaps, but they were not action- dulent ard wicked was going beable. If he had met a man in the yond the bounds and limits which street and repeated them, it would must be fixed. be a libel. In giving a character Mr. Baron Wood was not for to a servant there could be no giving sanction to this action, of ground of action. Sir Jervis Clif a first impression, brought for the
first time, because it would be reign, carried away, in a certain most mischievous, not merely to vessel called a schooner, from Cathe bar, but to the public. The labar, in Africa, twenty persons, words might overstep the bounds to be dealt with as slaves, contrary of propriety, and be too severe, to the 51st of the King - There but they were not to be corrected
were eight other counts in the by such an action. If they had indictment. been said elsewhere, if they had The Attorney-general opened the been published, they could be pu case to the jury. nished. In the privileges of Par James Evans deposed, that he liament it was the same. The prin- shipped as seaman on board the ciple was this—whatever is said James, at Liverpool, in December in judicial or legal proceedings is 1814 ; J. Porter was at that time not actionable. If published, it is. captain : she was a ship of from Lord Abingdon was found liable 4 to 500 tons; they left Liverpool in the King's Bench on this prin- in December; they then had a ciple, and was imprisoned. He schooner on deck; the ship's refused, on the sanie principle, to company consisted of thirty-six ; maintain an action at Northamp- the prisoner was chief mate; they ton, brought by a clergyman a were bound for Africa, and their gainst a parishioner, for letters cargo consisted of salt, iron, guns, written to the bishop of the dio- powder, cloth, and rum ; they cese (Peterborough), because he went to Cork, thence to Madeira, would not make courts of law an and from thence to the coast of cillary to ecclesiastical courts, the Africa. They came finally to Caparishioner having a right to labar, where the captain died, and make such representations to the the prisoner succeeded him. They bishop. It had been said, some left Cork in January, and arrived limits must be set. His objection at Calabar in August. The James to this action was the difficulty of went up Calabar river 80 or fixing limits. During one assize, 90 miles : there was a river called they could do nothing but try ac the Qua which branched from it. tions brought for words used by Previous to their arrival at Calacounsel at the former assize. The bar, witness saw irons which anwords might be too severe; I swered the purpose of handcuffs camot say any thing of that. on board the ship: he saw five Plaintiff nonsuited.
pair put on board a Portuguese schooner. The prisoner told him there was a cargo of slaves for him to carry from Duke Epbraim. The schooner was put on board when they commenced their voyage ;
it was for the purpose of Feb. 28.-Special Commission.- collecting ivory and black wood : trafficking in Slaves.-Captain John but at Calabar she was altered by Bean Hanway was indicted for the prisoner's direction, by knock-, having, on the 10th of January, ing the ship's fore bulk-head in, in the 56th year of his Majesty's and thereby making a bulk-head
OLD BAILEY SESSIONS.
to the schooner, in order to make nine men, black slaves ; they were a partition, and thereby divide brought along side the schooner, the male from the female slaves. tied hand and feet, and the men The ivory and wood could be bet were put into the forehold, and the ter stowed without the partition. women into the cabin. John de The witness was on shore the Gam and witness took provisions morning before he went for the from the ship and went into the slaves, but returned in the after schooner; they took water, beef, noon, and the prisoner told him and rum, and four ship's muskthe schooner which was to take et3, &c.; and two black men, bethe slaves was ready. Witness was longing to Calabar, assisted them. ordered to bed at seven o'clock, The prisoner said, “ Shove broad and about ten he was called up by off, and make the best of your James Lenton, who was steward, way to Qua river,” and told the and who said the canoe with the witness to count the slaves, and slaves was coming; he got up, tell iin how many there were. and it proved to be a canoe of Witness told him 21.
The priyams ; she went alongside of the soner said no more. This was schooner which was lying along- between ten and eleven at night, side the ship; the yams were put in January or February. They into the schooner for the use of proceeded to Qua river, and rethe slaves. Witness was called ceived one female slave ; and down stairs, and went in the from thence they proceeded to Captain's cabin, leaving Renton Cainarones with the slaves ; and to look out for the cance of on their arrival there, a Portuslaves. The prisoner said, “ There guese boat came alongside, with is a cargo of slaves - call at King Aqua in it, who said he the Qua river, at which place would not purchase them; but you will get ten more.” In the Portuguese captain said he about ten minutes after he went would purchase them, as he kept down into the cabin, another ca his factory on shore. Witness noe came with slaves. The pri- said, “Very well,” and the slaves soner had told him to make as
were taken on shore that night, good a bargain as he could for and an agreement was made with the slaves, as it would be for the the Portuguese captain for a pipe good of himself and the owners. of brandy, two gang casts, (20 Witness was to take them to Ca- gallons of brandy each), two barmarones, two or three hundred rels of gunpowder, 60 iron bars, miles down the coast from Cala- and five pieces of Manchester cotbur, by the prisoner's orders. He ton, all which was given in paysaid, “ Whatever you do, keep in ment for the slaves. Thé odd shore; for if a man of war's boat, slave 'was brought back, because or a man of war, falls in with she had a sore leg, and they would you, they will take you, and con not purchase her. They were demn the ship likewise.” Witness five days going from Calabar to was to take them to Camarones, Camarones ; they brought the reand sell them to King Aqua. The jected slave back, also the articles Canoe contained twelve women and they got for the slaves, and wit
ness reported to the prisoner what and begged the court, in the event they had received for the slaves : of the jury finding him guilty, to the brandy was taken on board, consider that he had been in Newand the rest of the articles were gate ever since November last. sent on shore, but witness could His friends, he said, were respectnot say for what purpose. The ble, and lived at the Isle of woman slave was sent on shore Wight ; but he could not call Witness began to keep the log- them to speak to his character, in book on the 25th of October ; and consequence of the distance at he asked the prisoner if he should which they lived. enter the slaves in the log-book ? Mr. Justice Holroyd, in sumPrisoner said, "No; do not doming up the evidence, said, that that, whatever you do, it will be it had been rightly observed, that the worse for ourselves.” Five of one of the witnesses (Evans) did the handcuffs were sent on board not stand free from contamination a Portuguese schooner at Calabar, (as he might say), he should, at the request of King Ephraim, therefore, following the doctrines a short time before they went with of all the learned judges who had the slaves, and two of them were preceded him, recommend the returned because they were too jury to look cautiously before they small. One of the slaves on board pronounced the prisoner guilty, unthe Portuguese schooner jumped less they should be of opinion that, overboard, and King Ephraim in such facts as constituted the being on board asked for some offence, he was borne out by the teshandcuffs, and the prisoner told timony of the two other witnesses. James Renton to bring them up The jury consulted for a few from below, and put them on minutes, and found the prisoner board the Portuguese canoe. Guilty.
Witness underwent a long and severe cross-examination, by Mr. George Cooke v. Colonel Marwell. Adolphus, but it did not elicit any — The plaintiff is an American very material fact in favour of the citizen ; the defendant was goverprisoner.
nor of the colony of Sierra Leone, James Renton, steward on on the coast of Africa. The action board the James, corroborated the was to recover damages for an last witness's testimony.
assault and false imprisonment, Donald M‘Donald, also a ma with counts in the declaration for riner on board, corroborated his seizing and converting the goods testimony; and added, that the and chattels of the plaintiff, and youngest of the slaves was about for burning and destroying his 13 years of age; they were all factory on the river Congo. naked, and tied hands and feet. Mr. Scarlett stated the case on
This closed the case for the pro- behalf of the plaintiff. The injury secution, and the prisoner being of which this subject of the United called upon for his defence, denied States complained, most deeply that he had any criminal intention; affected his person and property, that he was but 21 years of age; having undergone the most severe