SPEECH

IN THE

CASE OF BROWNE v. BINGHAM,

ON

AN INFORMATION

FOR

Provoking Prosecutor to fight a Duel.

I Do not wonder that Mr. Alley should have made so many fruitless attempts, by his inefficient points of law, to prevent your coming to the merits of the case. He has completely failed in them however, and it now remains my duty to bring that case before you.

You have heard the charge against the individual at the Bar, and I assure you, that it is with great regret that I appear, in order to conduct this prosecution against him-regret as well on account of an intended kindness to myself, as that a gentleman of birth and fortune and education, should appear in a criminal Court of Justice, to answer so amply merited an accusation. That regret however is not without its counterpoise. I rejoice that in these times an opportunity has arisen for

a Christian Jury to record their opinion of the crime of Duelling, and that if it is to spread, we shall at last learn whether it is with the sworn concurrence of a moral community. I rejoice too, that the Case before you is one in which no very serious sympathy can be excited for the accused-one in which an intelligent Jury cannot hesitate for a single moment, for one of a more unprovoked and wanton description never yet came into a Court of Justice. It is, without exaggeration, a Case in which you Gentlemen can register your deliberate protest against this rapidly increasing crime, without feeling one honest pang of pity for the criminal.

Gentlemen, the prosecutor in this Case is Mr. James Browne, a Member of Parliament for the County of Mayo, and eldest son of the Right Hon. Dennis Browne, who has also the honour of a seat in the House of Commons. His fatherin-law, is Mr. Wells, of Bickley House, in Kent, the respected Representative for the Borough of Maidstone. Mr. Bingham, the traverser, is also a gentleman of most respectable connections— connections of much influence in the sister kingdom; he is nephew to the late, and cousin, I believe, to the present Lord Clanmorris. Gentlemen, when I mention to you the rank of the parties, I know it both is and ought to be a matter of complete indifference; it is right, however, that you should know them, though indeed the circumstance merits only the obvious remark of the danger of such outrages, recommended by the influence of such an example.

Some time in February last, Mr. Browne was at his father-in-law's residence in Kent, when he was told that a gentleman from Ireland wanted to speak to him; that person proved to be the defendant, who said he came to make a complaintto him of a Mr. Briscoe, who was a magistrate in the County of Mayo, and who behaved oppressively to him and his uncle. Mr. Browne said he was very sorry to hear it, and wished to know what he desired him to do. Mr. Bingham replied that he believed Briscoe was appointed by his father, Mr. Dennis Browne, and that he had a right to complain of it. Mr. Browne promised to speak to his father upon the subject, and they parted. In the course of the next day, Mr. Browne waited upon the traverser, and handed him a paper from the Right Hon. Dennis Browne, in which he distinctly denied having any knowledge of Mr. Briscoe's appointment as a Magistrate, and stated that he believed he was but a Postmaster, and that if there was impropriety in any part of his conduct, the Postmaster-General of Ireland was the competent authority to be applied to. I forbear stating the decorous language which the traverser made use of with respect to Mr. Briscoe, but you, Gentlemen, may form some idea of it, when it has been stated to me that "damnation rascal" was one of the most courteous epithets applied to that respectable gentleman. Mr. James Browne, in handing this paper to Mr. Bingham, stated that he was extremely happy to have an opportunity of evincing that his father

was not to blame in the transaction, and hoped he had so satisfied the mind of the traverser.

What was the conduct of Mr. Bingham upon this? Mark it well, Gentlemen, for it strongly characterises the whole transaction. When he had been treated with a courtesy even more than common-when his complaint had been attended to, and his doubts resolved-when the prosecutor had taken all this trouble at his desire-how did he express himself? Was it in terms of politeness and of gratitude? Was it in the phraseology which became his station and that of the person to whom he was addressing himself? When Mr. Browne was departing, Gentlemen, Mr. Bingham interposed, with "Oh! stop, Sir! stop! that's not the business-that's not the business! your father, Sir, has made promises to my uncle, for which I shall hold you responsible to me personally, and I have brought a friend from Ireland to arrange the preliminaries!" Now, you cannot fail to observe that the first representation was altogether a device-a mere invention, a pretence got up clumsily for the occasion! It was explained too clearly even for an Irish gentleman to hang a quarrel on; something new was necessary, and a novelty indeed it was, for which my client was to be held responsible. Had he made any promise? Had he broken any promise? Not at all; it was not even suggested: but the father of one had entered into some nameless engagement with the uncle of the other, and for that reason the son and the nephew were to blow each other's brains out! Thus in the first place the prosecutor was

to be accountable for the acts of Mr. Briscoe, and then he was to be responsible for the promises of Mr. Browne! In ordinary cases, Gentlemen, if a man can answer for his own acts and for his own engagements, it is as much as can fairly be expected in the world; but was it ever heard of until now, that an innocent individual was to answer with his life for the violations of which third parties might be guilty? violations too to which it was not pretended that he was even privy? Mr. Browne and Mr. Briscoe are both alive; surely there are laws to enforce the promises of the one, and to punish the misdeeds of the other, if either ever had existence. Of Mr. Briscoe I know nothing; but he is put, by the declarations of the traverser, out of the question; that's not the business, was his own expression. Of Mr. Browne I know something, and I am proud and happy to have the pleasure of knowing so much. He is a stranger here; but a long life of honour and of probity-an urbanity that renders him beloved in private—an integrity that ensures to him respect in public the representation of his native country for above thirty years the love of the poorthe esteem of the rich, and that nothing might be wanting, the opprobrium of the vile, place him alike above imputation or panegyric. He never made a promise which he did not keep; in his honourable and honoured name I repel indignantly the groundless accusation; and for whatever he has said, and for whatever he has done, he stands here to-day, at the summons of his enemy, to be cheerfully accountable. Suppose