In the Court of King's Bench, on Thursday, Sir Frederick
Pollock moved for judgment against Captain Robison, whose trial for a libel on General Darling was mentioned some weeks ago. The following account of this curious application, and its upshot, is copied from the True Sun.
The defendant putt in an affidavit, the reading of which occupied the Court a long time, in which lie justified every allegation contained in the alleged libel. It will lie remembered that General Darling proceeded against the defendant by criminal information.
The affidavit of John Staples was read. It set forth in the most affecting terms the tortures which had been inflicted upon Patrick Thompson and Joseph Sudds, two private soldiers, and which the defendant had said bad been done by the orders of General Darling. An affidavit of Dr. Lushiugton was also read, in which the learned Doctor stated, that judging from the papers laid before him, he considered the defendant to have been ill esti!.
Other affidavits, confirmatory of the charges brought against the Ex-Go- vernor by the defendant were put in and read. The Attorney-General applied for time, on the part of the prosecutor, to answer the affidavits.
Mr. Erl said that the application was made too late. Lord Denman said, that as the truth was not in issue, he 'thought that time should be given to answer the affidavits which had been lead.
Mr. Erl having informed the Court, that he expected two more affidavits from Paris, the case was adjourned sine die. Mr. Lee applied on Thursday to the Court of Exchequer for an attachment against Lord Brougham and Vaux, who had committed a contempt of Court, in neglecting to appear as a witness fcr the plaintiff in the cause of Dices versus Lawson, although he had been regularly summoned, and was a material witness.
Lord Abinger—" How do you make it appear that Lord Brougham was a material witness."
Mr. Lee contended that it was by no means necessary for him to show that his evidence was material ; he had manifestly disobeyed the process of that Court, and that of itself was quite sufficient to prove contempt.
Lord Abinger—" In my opinion, the Coutt ought never to grant an attach- ment but 011 very strong grounds; one of which, and that I consider indispen- sable, is to show that the evidence the witness could have supplied was material evidence. In this case, when the individual against whom the application is made filled the highest judicial station in the kingdom, the Court ought if pos- sible to act with even greater vigilant e." Alr. Lee---" I am quite sure your Lordships will find it impossible to make a distinction between Lord lhougham and the most humble of his Majesty's sub- jects; and I cannot but contend with much confidence, that your Lordships have no power to refuse this application." Independently of which, he could prove that Lord Brougham was a most material witness, Inasmuch as he would have deposed to the fact of Mr. Dicas being the individual to whom the libel in the Times referred.
Lord Abinger—" I have attentively read the notes of the trial, which are now before me; and I am most decidedly of opinion that Lord Brougham's evidence was in no way material." Mr. Lee—" Sir John Campbell, in his address to' the Jury, made a principal point of the facts of all the evidence on the part of Dicas being supplied by his own clerk. Dad Lord Brougham been examined, that could not have hap- pened." After a lengthened discussion, the application was dismissed, with the full concurrence of all the Judges.
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