APPENDIX TO CHRONICLE. 339 



■was accommodated at the barris- 

 ters table. Tlie pleadings were 

 "opened by Mr. Wild. 



Mr. Sergeant Pell then stated 

 the case, which, he observed, 

 consisted chiefly in a charge made 

 against the plaintiff, of malversa- 

 tion in the discharge of a public 

 office. He could not bring the 

 merits of the question, which the 

 Jury was now about to try, more 

 shortly under their review, than 

 by reading the libel itself, as it 

 appeared in a public journal. It 

 was addressed, in the form of a 

 letter, to the editor of the West 

 Briton, and was in substance as 

 follows : — 



" Sir ;— The fact which I am 

 about to communicate may, per- 

 haps, appear more singular than 

 important, although in times less 

 calamitous than the present, the 

 statement of any circumstance 

 illustrative of the borough-mon- 

 gering system, now xmiversally 

 execrated, must of itself excite 

 an intei-est. It is something new 

 in the history of this country 

 that it should possess an out- 

 lawed Judge. It might be called 

 an instance unparalleled in the 

 annals of Europe, if a case had 

 not recently occurred at Vienna, 

 of a magistrate and minister of 

 justice being sentenced to the 

 punishment of sweeping the 

 streets. A gentleman of the 

 nnme of Tomkin was some time 

 past removed from the office of 

 vice - warden of the Stannary- 

 Court, in order to make room for 

 Mr. R. Gurney, son of the Rev. 

 R. Gurney, of electioneering no- 

 toriety. This last gentleman, 

 not perfectly satisfied with two 

 considerable benefices, the reward 

 of former services, on procuring 



this situation for his son, obtained 

 at the same time a promise, that 

 the salary should be octupled, a 

 promise M'hich, to the honour of 

 the patron, has not been fulfilled. 

 Soon after this promotion of Mr. 

 Gurney the younger, it unfor- 

 tunately happened that he was 

 obliged to leave the county in 

 which he had been appointed to 

 exercise judicial functions, and 

 this necessity arose from pecu- 

 niary embarrassments. In con- 

 sequence of this absence, a peti- 

 tion was presented to the lord 

 warden, complaining of the 

 neglect and delay of justice, oc- 

 casioned by this conduct, and 

 desiring the appointment of a new 

 vice-warden, but no notice was 

 taken of this representation. 

 After this statement, it may be 

 matter of wonder that he should 

 still retain his place ; and the fact 

 can only be traced to the famous 

 borough-mongering system, and 

 to political motives. Lord Yar- 

 mouth has lately purchased 

 largely in the borough of Tregony, 

 with a view of opposing the 

 interest of the Earl of Darlington. 

 Under this protection Mr. Gur- 

 ney found it convenient to go to 

 the Continent, and was twice out- 

 lawed in the market-places of 

 Plj'^mouth and Dock, which out- 

 lawry has not been reversed. 

 Instead of attending his court, he 

 was therefore obliged to secrete 

 himself. Now, Sir, after this 

 statement, no one can be at a loss 

 to conjecture what are' the 

 motives which operate in retain- 

 ing this man in a situation the 

 duties of which he is unable to 

 discharge. I forbear occupying 

 too large a portion of your valu- 

 able and patriotic paper, or I 

 z 2 could 



