ons to the loungers
there; but Lyttleton, himself the sole witness, denied the words
imputed, and his cross-examination was impeded by the court. Lewis read
a written defence, and reproached the attorney-general with prosecuting
an offence recently committed by himself: for this the accused was fined
L10 by the judge, who advised him to retire and revise his notes. On
resuming his speech, he was again stopped and fined. Complaining that
the course required by his defence was unjustly obstructed, he became
silent. A military jury found him guilty; and the judge condemned him to
pay L150, and suffer an imprisonment of eighteen months.

The aspersion of the character of a magistrate by an imputation so
serious, was the sole alleged justification of the challenge. The words
attributed to the police magistrate, Lyttleton, he had denied; but, on
his return home, became convinced by the testimony of Mr. Dry, sen.,
that he had sworn falsely. He communicated this impression to the
attorney-general, but without result.

The conduct of Judge Montagu, on the trial of Lewis, was represented as
harsh and captious; but was explained by subsequent disclosures. A
clever barrister, who secretly advised the accused and framed his
defence, went into the judge's room, before the sitting of the court,
and in conversing with Montagu intimated the very improper course Lewis
intended to take. Montagu replied, he would certainly fine him. It was
under these suspicions, that he began the trial: he was thrown off his
guard, and the prosecution involved in an irreparable mistake. When the
court sat to sentence the accused, the lawyer was there to urge the
illegality of the conviction.

Lewis complained to the secretary of state, who referred his case to the
law officers of the crown, who asserted "that it is an unwarrantable
proceeding, on the part of a judge, to fine an accused party for saying
anything which he may consider essential to his defence, provided it
shall be consistent with public decorum." The secretary of state
directed compensation: this, a board estimated at L1,700. The governor
was, however, desirous of depriving Lewis of the indemnity, and the
legislative council resolved, seven to four, that the observations of
Mr. Lewis were not within that qualification; and requested that, if the
secretary of state persevered in his determination, he should pay the
complainant from the land fund. Such resistance was obviously official,
an