[List-Cumbria] Carlisle Patriot, 16 Nov 1822 - Court of King's Bench - The King v. SMITH

[Petra Mitchinson]

Saturday 16 Nov 1822   (p. 3, col. 4)

 

COURT OF KING'S BENCH, NOV. 7. 

  

THE KING v. SMITH. 

 

Mr. BROUGHAM moved for a rule calling on William SMITH, of Kirkby-Stephen, in the county of Westmorland, to show cause why a
criminal information should not be filed against him. He made this application on behalf of Mr. Thomas BRIGGS, who had long
exercised the functions of Steward of the Court Leet at Appleby. In that Court, a plaint, in which a person named HODGSON was
plaintiff, and SMITH was defendant, came on for trial; when SMITH had not only full justice, but considerable favour and indulgence
shown him. The cause was conducted on each side by the attorneys, and, after the attorney for HODGSON had replied, and the attorney
for SMITH had given up his case, SMITH was himself permitted to examine another witness before the matter went to the Jury, so that
he had not the least colour of complaint against the Judge, who, if partial at all, was so on his side. The verdict, as it must of
necessity be, was given for the plaintiff, which excited the rage of Mr. SMITH so far that he broke through all decorum. He
assembled a multitude in the street at a little distance, and began to make a kind of proclamation, crying out "County Court! County
Court!" and then exclaimed-"The Grand Sheriff of the county of the county of Westmorland tries causes unjustly in his Court. I have
not had a fair trial. He is a rogue, a swindler, and thief." These expressions he repeated several times, with others equally
offensive. There was the affidavit of Mr. MARGISSON, an attorney, who happened to be present in Court, engaged on neither side, who
swore that nothing could be more liberal and indulgent than the conduct of Mr. BRIGGS to the defendant in the trial of the cause.
That Gentleman, therefore, as a public officer, felt it necessary to appeal to the Court for protection against these insults so
gratuitously heaped on him while in the discharge of his important duties. 

 

The Lord Chief Justice.-Take a rule to shew cause; but perhaps, before it comes on to be argued, some arrangements may be made
between the parties. I see enough to lead me to suspect that some other feeling than that which is avowed may operate in these
dissentions. 

 

Mr. BROUGHAM said, that it was not the first time Mr. BRIGGS had been thus insulted. He trusted the rule to shew cause might produce
the effect suggested by the Court. 

 

The Lord Chief Justice.-Yes; it will probably bring the defendant to his senses. 

 

 

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