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Speech for LORD MELBOURNE in the action of THe HonorABLE GEORGE NORTON v. LORD MELBOURNE-for Criminal Conversation with the Plaintiff's Wife,-tried in the Court of Common Pleas, before LORD CHIEF Justice TINDAL, on the 23rd June, 1836.

INTRODUCTION.

WITH the exception of the case of Queen Caroline before the House of Lords, this trial excited more interest than any other which had occurred in England for half a century. In addition to the importance attached to it from the rank of the defendant and the beauty and literary celebrity of the lady, whose conduct was to be investigated, the general feeling was, that the stability of the existing administration depended upon the result; and if the verdict had been against Lord Melbourne, he could not have retained his position in the councils of his Sovereign. The newspapers had very improperly canvassed the subject before the day of trialgiving most exaggerated representations respecting the evidence to be adduced, and particularly respecting certain letters said to have been discovered by Mr. Norton in his lady's writing desk. The eyes of all Europe were turned to the scene, and couriers were ready to start to the principal courts on the continent with news of the verdict.

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The trial began at half past nine in the morning.

Sir W. Follett opened the Plaintiff's case, with his usual tact and ability. The examination of the witnesses for the Plaintiff did not conclude till half past six in the evening. Being somewhat exhausted,* and rather afraid that I might not have a favourable hearing at so late an hour, I proposed an adjournment till the following day. This was opposed by Sir W. Follett, who urged that the Defendant's counsel should not have farther time to deliberate whether they would call witnesses, or to determine what witnesses they would call.

Lord Chief Justice Tindal said, he thought the trial ought to proceed, unless the Defendant's counsel intended to call a considerable number of witnesses.

The Jury expressed a strong wish that the trial should finish that night.

It was then agreed that the Court should adjourn only for twenty minutes,-at the end of which time the trial proceeded.

It so happened that having lain awake from anxiety a great part of the night before, I had fallen asleep towards the morning, and I was not called till near the hour fixed for the commencement of the trial, so that I was obliged to hurry away without breakfast, and found the utmost difficulty in gaining admission to the Court.

SIR JOHN CAMPBELL, ATTORNEY GENERAL.

MAY IT PLEASE YOUR LORDSHIP,

GENTLEMEN OF THE JURY, I most readily conform to your wish on the question of adjournment; and, personally, I rejoice in the intimation that the trial is now to proceed. After nine hours of unremitting attention, I thought that an interval of repose might possibly enable me better to do justice to the cause of my client, and might prepare you more satisfactorily to appreciate the observations which it will be my duty to submit to you on his behalf. But I shall escape a night of anxiety, and you will have the satisfaction before you leave the Court of pronouncing a verdict of acquittal. Gentlemen, I hail the wish you have expressed as a favourable omen. I most sincerely believe that you are at this moment firmly convinced of the entire innocence of the accused, notwithstanding the incredible evidence of some perjured witnesses; and that you are impatient to declare to the world as soon as possible your opinion of the groundlessness of the charge, and your reprobation of the conspiracy which has been entered into for the purpose of supporting it.

I confess, Gentlemen, I think it would have been more graceful if my friend, Sir W. Follett, instead of opposing, had seconded my application; but such is the nature of the case he has to-day to advocate, that upon this occasion he cannot permit himself to be candid or courteous. From the commencement of the trial till his resistance to the indulgence I craved, he has pretty distinctly shown that he has no confidence in his case ;-and I am firmly persuaded that if his opinion had been asked by the Plaintiff before this action was brought, he would strongly have dissuaded him from bringing it, and would earnestly have counselled him to dismiss from his mind the unfounded suspicions instilled into it, and to place undoubting confidence in the purity and affection of his wife.

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