country, promising him that his fortune would be certain. Byrne, delighted with the flattering prospect, lost no time in coming over, when he found the Ex-Sheriff had appoint

ed himself in the affairs of almost every other man in the community. The plaintiff was equally known for his misfortunes; he did not wish to allude more than was necessary to a transaction from which, all who felted himself Treasurer to the subscripfor the honour of our common nature tion, and had taken the trouble of must turn with loathing. But his receiving the money; but poor Byrne client had become known for his did not then suspect that it was not sufferings and misfortunes. He filled the Ex-Sheriff's intention to disburse. an humble situation in Ireland, in Nothing could exceed Byrne's grawhich he became known to a person titude to his benefactor, who promiswho had lately filed from this countryed him a flowing subscription; to set It became the duty of Byrne to God him up in business; to take a house and man to accuse that high person for him; to purchase coach and of an offence at which nature shud- horses for him; in short to make his ders. Byrne was poor, the culprit fortune. Byrne and the Ex-Sheriff he accused was rich-he was a were at that time two of the happiest Bishop. It was thought proper by mortals. Byrne was to get money, the Bishop and his friends that he and the Ex-Sheriff to get character, should prosecute Byrne for daring which was precisely what they both to accuse him, and that exalted per- wanted [a laugh]. In the midst of son, as he then was in office and pub- all the Ex-Sheriff's promises to Byrne, lic estimation, attested on the gospels he had an eye to what he never forof truth, that he was falsely accused gets, himself; he had a house, coachby Byrne. Byrne was convicted, and house, and stables to let, and he put suffered a dreadful punishment. It Byrne and his family to live in the pleased God to afford to this afflicted house and show the premises, by man the consolation of believing that which he was saved the expense of he was not to go down to his grave keeping a person for that purpose. the victim of perjury-his accuser Poor Byrne was glad to get a roof had been detected in his guilt-he had over his head, and was truly grateful fled, and Byrne was restored to the for his patron's great kindness. The character he had never done any thing Ex-Sheriff proceeded in his career to forfeit. The story of Byrne's suf- of benevolence-he advertised for ferings naturally excited the com- subscriptions for poor Byrne in all miseration of the people of this the newspapers he got up public meetings and public dinners, where he was forced to take the chair, very much against his will, and even most reluctantly to toast his own health, and make speeches in his own praise. He ate till every one thought he was full, and spoke till every one was convinced he was empty [a laugh]. Every day brought additions to the fame of the Ex-Sheriff, till the fatal day which called on him to account

country.

The CHIEF JUSTICE here asked Mr. Phillips, whether the cause might not be advantageously settled out of Court?

Mr. PHILLIPS replied, that his instructions required that the cause should proceed. The Learned Gentleman continued- A subscription was set on foot to enable Byrne, who had been ruined by the false accusation brought against him, to support his wife and seven children. Mr. Parkins saw this subscription advancing he thought money was to be made by it, and he determined to seize the golden opportunity. He wrote to Byrne to come over to this

the Ex-Sheriff was acquainted with the drama-he thought that none but slaves should pay. Byrne asked him, had he not received for him? the Ex-Sheriff said yes, but he held in trust for the people, and when the sum became a round one

he would buy him a coach; Byrne, of Parkins, the friend of justice and said, if he was to wait till then, it was humanity, and Byrne, was placarded a hearse he'd have occasion for, as he on every wall. He beat little Wadshould die of hunger. "You monster dington, and even Day and Martin, of ingratitude," exclaimed the Ex- and the Bonassus, 'out of the field Sheriff, "do you forget the two-[much laughter]. By these means, pence halfpenny I gave you in the for all of which he charged poor Shades?" And here, said the Learn- Byrne, the Ex-Sheriff so greatly aded Gentleman, holding up a paper, is ded to his celebrity, that he was not the two-pence halfpenny charged in very far, in his own opinion, from the Ex-Sheriff's account [a laugh]. being returned a Member of ParliaIt was impossible for Byrne to obtain ment, and had a very narrow escape any justice from the Ex-Sheriff, and of a French Peerage [continued laughhe was enabled by those who had ter]. He put himself forward as the hearts to feel for his distress and his champion of humanity, and drank injuries, to bring the present action deep of the cup of popularity, for all to compel Parkins to restore the mo- which he wishes to make Byrne pay. ney with which he was entrusted. He charges in his set-off 127. 18s. for What would the Jury and the public clerks he had before he ever heard of think of a man, who could take ad- Byrne-he might as well charge him vantage of misfortune like Byrne's, for his horses, for his liveries, or for who could make that misfortune and the expense of his Arundel Petition, the charity of the public pander to or any other notoriety trap. If the his avarice and his vanity? When money was all turned into brass, it Parkins was pressed to render an ac- could not equal the brass of the man count, and saw it could not be delay- that made the charge. But the next ed, he produced an account of his charge capped the climax-Would disbursements very different from the they believe that the Ex-Sheriff acset-off he now undertakes to prove, tually charged Byrne, the creature of although there had been no subse- public charity, 547. rent, at the rate quent transactions between the par- of 104/. a year, for the house he put ties. No doubt his Attorney had ad-him to live in for his own convenivised the alteration, for some of the ence? and he now calls upon the Jury charges were too shameful for the to sanction that charge by their verconscience of any Attorney to sanc-dict; they should consider the effect tion. One of the charges made such a verdict would have on the naagainst Byrne by the Ex-Sheriff tional accent; if it were to go to Cork was 51. 12s., for publishing a pam- and Tipperary that Byrne was able to phlet to vindicate his own character, pay a rent of 1041. a year for a house, If the pamphlet produced that effect. by the next fair wind they would have it was certainly very cheap [a laugh]; such flights of Irishmen as would be but that was no reason that poor sufficient to naturalize the Irish Byrne should pay. The Ex-Sheriff tongue in this country [laughter].might make his mind easy about his The Learned Gentleman here read the character, for it was certainly the last charge for rent from the set-off, and thing any one would wish to take asked, was ever any thing so shamefrom him [laughter]. The Jury less and abandoned? Byrne, who would judge of the charges. Parkins had not a shoe to his foot, who was having elected himself Treasurer, not able to keep a cat, was to be paraded poor Byrne from tavern to charged rent for a coach-house and tavern for the gratification of his va- two sets of stables; did it not stamp nity, and this was one of his rea- reprobation on the whole set-off? sons for refusing to pay Byrne his Parkins knew that Byrne was a money. Advertisements were pub-ruined man-that he had a wife and lished in every paper, and the name seven children in a starving condi

tion, with nothing but his tears and manded the money from Parkins, misfortunes for their support; and, who replied that he would dispose of while he was in this state, Parkins it as he thought proper-he could wanted the Jury to believe that he obtain for him a Pimlico stage. Byrne took him as a solvent tenant, at a rent said he wanted the money to establish of 104/. a year. He (Mr. Phillips) a public-house. I never heard Par had seen many cases of injustice and kins say that Byrne was indebted to fraud, but it was for the Ex-Sheriff him.- -Lemoine was clerk to Parto give the example of wealth pilfer-kins in November 1822; there were ing from charity and misfortune, 50 or 60 British Traveller newspapers while boasting of being the champion brought to the office, and sent to the of injured innocence. Byrne thought country to Mr. Parkins's friends; he had met with a good Samaritan, they contained an account of the but all the Ex-Sheriff's professions dinner given at the Horns Tavern, were but the false dice with which he and a mark was made on each paper gambled for popularity, and after he to direct the attention to it. I was at had obtained it, he charged Byrne the dinner; there were a great numwith all the cost of the acquisition, ber of persons present. and a profit for himself. It would be proved that Parkins admitted he had received 300l. for Byrne, after which he received 57. from Sir Francis Burdett. By his set-off, he says, he disbursed all; but it would be proved that he gave as a reason for not paying Byrne, that if he got the money he would abandon his family -thus adding slander to injustice. He hoped the Jury would, by their verdict, show that they were not to be imposed upon by the set-off of the Ex-Sheriff; that their verdict would take from him the public money with which he was entrusted, which trust he had abused, and would give to the poor man what the public benevolence intended he should receive, and would show to all, that in this country, character is only to be raised on the basis of honour and virtue.-[On the conclusion of this speech a burst of applause took place.]

The witness was cross-examined by Mr. MARRYATT, and stated that an account was kept of the subscriptions received, but he did not know that any was kept of the disbursements. He did not think Mr. Cobbett took any part in promoting the dinner.

Mr. Cobbett examined by Mr. PHILLIPS: I know Mr. Parkins, and have had several conversations with him on the subject of a subscription for Byrne. I had one in September 1822, before Byrne arrived in England. Parkins said he had written to Dublin, and proposed to send 100%. to some Newspaper Editors there for Byrne. I expressed my surprise he had got so much; he said he had then about 150l. Early in the month of Nov. 1822, I saw Mr. Parkins, and inquired how Byrne maintained himself? and then told Parkins I had a friend in the country, where I could Charies Scott examined by Mr. place Byrne, where his expences. BATTERSBY: I was in the employ- would be very little, and I would pay ment of Mr. Parkins, and left him it out of my pocket. Mr. Parkins for some time, but returned in Octo-objected, and said Byrne was living ber 1822; I had then a conversation in a building of his, which would with him about Byrne; Mr. Parkins said the subscription for Byrne was going on wonderfully, he had then received about 300l.; Sir Francis Burdett after that paid a subscription of 51.; I frequently after saw Byrne and Parkins together, in Ja. nuary or February 1823. Byrne de

cost him nothing for rent; he also objected to Byrne's going to the country, as he wanted him to go about with him to hold meetings to raise money.

Cross-examined by Mr. MARRYATT: At the time of my first conversation with Parkins, I heard nothing about

coach and horses; I never wrote to Byrne; I had no consultation with Parkins about how he should dispose of the money; my plan was to raise 3001. for Byrne, and give it to him at once to set up a public-house, or take

stables.

tive against the plaintiff. Mr. Parkins had rendered an account of every shilling received down to May last, and no human being was called to prove one shilling paid for which he had not accounted. There was also a subscription in Ireland and York, By Mr. PHILLIPS: What I gave I which might make Parkins say it meant should go to Byrne. was going on well-300l. subscribed; Catharine Byrne, examined by but he had it not in hand, and if Mr. BATTERSBY: I am daughter of there was any defalcation, it would the plaintiff; I remember Mr. Par-be easily made appear. He would kins coming to my mother on the discharge Parkins of the 1517.-he 20th of May last; he gave her a paper (paper produced.] I lived with my father in the house; Mr. Parkins put him in; there was a bill on the place, to let it.

On her cross-examination, she said she did not know her father meant to keep a livery stable. He received hay and straw for Mr. Parkins. Letters produced are my father's writing. The paper produced by the witness, as given to her mother by Mr. Parkins, was then read: it contained a statement of English subscriptions, amounting to 121l. 8s. 04d.

received a much larger sum. The collection ceased, as far as Parkins was concerned, in April 1823, and he received none after. The Learned Gentleman here read a letter from Byrne to Parkins, in which he said, "I cannot express my gratitude, and beg you will continue to receive the subscription of which you are the father." Different plans were in contemplation for providing for Byrne; one was, keeping a livery-stable, where it was supposed Irish friends would keep horses; he did actually buy hay and straw for the purpose, and receive them in the premises he held for Parkins, and from which Parkins had 90gs. a year from the Royal Exchange insurance Office before he let it to Byrne. He would

Mr. Robert Bell, examined by Mr. PHILLIPS: I know Mr. Parkins very well; I have had a great many conversations with him on the subscription for Byrne; he always declared to me that he had received consider-not inquire whether Byrne was put ably more than he gave Byrne. The reason he gave for not paying Byrne was, "Do you think I'd give the Scoundrel the money, that was going to quit his wife and children and leave them chargeable on some parish?" Mr. Parkins said, he had done better for Byrne than getting him a coach and horses; he had employed him to take care of his stables, and he was then in his employment. Cross-examined by Mr. MARRYATT: Thinks it was in March last, Parkins said he had more money than he paid Byrne. The case for the plaintiff closed here.

Mr. MARRYATT addressed the Jury for the defendant. It was evident, the said, the action was not brought to recover money. The speech of the Learned Counsel was full of invec

into the premises as a tenant, but there certainly was a time when he was so considered, both by Parkins and himself, and there was but half a year's rent and taxes charged. Mr. Parkins calculated on receiving more than 3001. when he had the conversation with Mr. Cobbett, but he was disappointed, and he had given Byrne, and paid for him, more than he had received, and instead of pocketing any thing, was considerably in advance, as he would prove.

i

Louis Lemoine, examined by Mr. ARCHBOLD, stated, that he had been employed by Mr. Parkins to make out Byrne's account; there was an account of the receipts and disbursements kept in one of the books in the defendant's office.

CHIEF JUSTICE: Was the defend

ant following any business at the | Byrne's business, 10. or 11.; he time? We kept books for taking up wrote for Mr. Parkins when he want the cause of injured individuals [a ed him. The entry of 91, 16s. to witgreat laugh].-There was a payment ness, in the book, is not in his handmade for Newspapers to send to Ire-writing; he does not think it is land; and 21. a week was paid to Parkins's.Re-examined; Byrne Byrne for some time. never complained to witness that Mr.PHILLIPS said he was perfectly Parkins would not pay him, till after willing to admit any payments made witness had left Parkins. Byrne said to Byrne. he was in expectation of horses.

The witness proved several pay- Henry Taylor, examined by Mr. ments, one of which was 91. 68. to KNOWLES: I was Mr. Parkins's clerk himself for keeping Byrne's account. in Jan. 1823, and frequently paid Byrne occupied Mr. Parkins's house money to Byrne, of which I made and stables for some time after he entries in the general day-book; he came to England; for two or three also saw money paid by another clerk, months, to witness's knowledge.-amounting in the whole to 27. a-week, Byrne asked witness if he knew what for twenty weeks.

Joseph Gill examined by Mr. MARRYATT: Was clerk to Mr. Parkins; paid taxes on the premises held by Byrne.

Cross-examined by Mr. PHILLIPS: Witness is a valet and brother-in-law to Mr. Parkins.

rent he was to pay. Witness replied Mr. PHILLIPS said he would admit he did not, and advised him to ask payments to that amount. Mr. Parkins. He said he could not Witness: I heard Byrne say he find an opportunity, but said, let Mr. entered into Parkins's premises with Parkins charge him what he would, the intention of keeping livery sta he'd pay him. Byrne told witness he bles; be requested Mr. Parkins to had got an estimate of alterations to write letters to gentlemen to keep be made in part of the premises, to their horses with him; witness wrote make a coal shed for his wife to keep. such letters afterwards at Mr. ParCross-examined by Mr. PHILLIPS: kins's desire. Besides the two pounds I was about eight or nine weeks em-a-week to Byrne, Mr. Parkins paid ployed by Mr. Parkins on Byrne's several sums on his account for adbusiness. Byrne complained to me vertisements, postage, &c. that he could not get money from Parkins; he never said, that when he said to Parkins that if he gave him the money his prayers and his family's would go up to heaven for him, Parkins said, D- you and your prayers. Witness here admitted a letter, produced by Mr. Phillips, to Joseph Stephenson knows Mr. Parbe in his hand-writing, and then ad-kins's premises, in Ridinghouse-lane; mitted Byrne had stated to him the they were let for 90 guineas a year, answer from Mr. Parkins in the for- from 1820 to 1822, to the Royal Exmer question, and also told him, that change Insurance Company; Byrne he had proposed to Parkins, if he occupied them about six months. would give him the balance, he would Charles Swift, a clerk of Mr. Parkins, be done with him. Mr. Parkins had proved payments to Byrne, and on a great deal of general business, writ-his account. ing and answering letters to noblemen and gentlemen. Part of witness's business was going after the tin boxes where the subscriptions were received. Byrne had neither coach nor horses at the stable. Did not see a till on the premises. Mr. Parkins made up the money witness received for doing

A Clerk of a banking-house proved that they received subscriptions for Byrne; the first was paid by Mr. Parkins; the whole amounts to 1144, which was still in their hands.

Mr. Mayor, a surveyor, proved that he was sent by Parkins to value the premises in which Byrne lived; Par