Current:

Northern Star (1837-1852), 12th April 1845, Edition 3 of 3, Page 8, "NORFOLK CIRCUIT. Norwich, April S. -Hob...

Page 8
Page 8
8 of 8

On this page

  • Departments (2)
    • 3&fc f ntefliflfena
    • 1'rintedby DOUGAL M'GOWAN , of 17 , Grant Wlndm^- street, Haymarket, in the City of Westminster, at to*
  • Text (6)
  • Transcript

    • Note: This text has been automatically extracted via Optical Character Recognition (OCR) software. The text has not been manually corrected and should not be relied on to be an accurate representation of the item.

      Additionally, when viewing full transcripts, extracted text may not be in the same order as the original document.

      The Norl\H;Ern /Star; . A Pbil 1^ 3 I^ O...

      THE NORl _\ H ; ERN / STAR ; . A pbil 1 _^ 3 i _^

      3&Fc F Ntefliflfena

      3 & fc f _ntefliflfena

      "Norfolk Circuit. Norwich, April S. -Hob...

      "NORFOLK CIRCUIT . _Norwich , April _S . _-Hobridle . _X _* _awmr-Barnard Eglington and Henry Clupperfield were indicted for _^ _miinslanghter of _?^ _£% _*^ deceased was a small farmer , residing at 1 _omsnam , IS county , and was about 74 years ot age The ffinc _praner Chipperficld is a tailor in the same See . It appeared ii evidence that on Friday , the list _Febrnary last , about ten o ' clock in the morning , the prisoner Chipperfield went into a _pubhe-house _kepthv a man of the name of Chthero after he had been there a short time the prisoner _Ellington came in , and seeing John Amess ( the deceased ) passing by , he beckoned him in . Soon afterwards other persons came inand with them two German dancing girls ;

      , they continued there the whole day drinking together ; the deceased was danced and pulled about , and made the laughing stock of the whole party . About six o ' clock in the evening the prisoner Eglington sent the landlord ' s son for threepenny worth of jalap , to give to the deceased . The quantity purchased was sufficient for six doses . The boy , on his return , gave the jalap to Eglington , who immediately called for a glass of beer , which was brought to him in the passage by one of the landlord's daughters" he put the first part of the jalap into the glass , and gave it to deceased , and he drank it . The prisoner Eglington then put the rest of ? the jalap into three other glasses Of beer , and gave _tleni to the deceased , all of which he drank . Thc prisoner Chipperfield then got np

      and danced the deceased about , and as he fell on his knees they kept pulling hun up again . One of the German girls was playing atambourine , and the rest of the company wete making a great noise , singing and shouting . The deceased _was "very drunk , and could not stand . The prisoner Eglington then unfastened the old man ' s leathern girdie , and pulled his clothes over his face and head , so ihat he could not see , and then pushed him naked on io the fire . Several persons were in the room laughing and making mem , and did not offer any assistance . Deceased called out several times , " Barney , don't bum nie , " and he put one of his hands on to the hot bars and raised himself np , and got oh ? the fire into his chair , and soon after fell on to the fire , and then on to the floor ( this wa 3

      about eights o'clock in thc evening ) . The deceased rubbed his thighand knee , and complained _veiynroch of being burnt . The poor old man was then carried out of fhe room into the back kitchen , and laid on ihe Boor , where he remained about an hour groaning most pitiably . They aferwavdspnt thc deceased into a wheelbarrow , and the prisoner Eglington took hold ofthe barrow aud said , "Iwill turn the old beggar out , " which he did . The prisoner ChippcrSeld and the landlord ' s son then lifted liim np , and carried h * m Into the kitchen , and put aim on a . seat near the fire . In this state the deceased was left for the night , and about five o ' clock in the morning he left the house , and went home with a handkerchief tied round his head , as the prisoner Eglington had burned his hat the day before . The deceased , on his reaching home , went to bed . He then told his wife that he liad been shamefully used , and she perceived liis

      -thigh and knee much tmrnt . On the Sunday week following ( the 2 nd of March ) she went for the surgeon , and he attended the deceased until the following day about noon , when he died . The deceased had twb bllVBS OU the _loa-er pari of his back ; onc appeared as if inflicted by a broad piece of iron , similar to the top bar of a grate , the left hand was veiy _mnc-h burnt , and there were also burnings on the " left thi g h six inches in length . From the evidence ofthe surgeon , it appeared that thc body of the deceased was in a perfectly healthy state , and thathe died from exhaustion produced by the profuse discharge from his wounds . The learned . Judge stated there was liifle or no evidence against thc p risoner Chippei _* _fiefd , and directed the jury to acquit him . Mr . Dascnt addressed the jury for the prisoner Eglington . After a long consultation the jury returned a verdict of Guutv . Sentence deferred .

      THE MURDER AI GREAT YARMOUTH . . _Xokwich , Moxdat , Apkil 1 . —Robert Richard Royal , aged 24 * James Mapes , aged 24 ; and James Hall , aged 21 , pleaded "Kot Guilty" to an indictment _charging them with the wilful murder of Harriet Candler , at Great Yarmouth , on the 18 th of November last Mr . Palmer and Mr . O'Maller conducted the case for the prosecution - Mr . Prendergast defended the prisoners Royal and Hall ; and Mr . Conch appeared for Mapes . Mr . 0 * _Mau _.-6 t , in consequence ofthe unavoidable absence of Mr . Palmer , proceeded to open the ease , and _ireinkis statement , coupled with the testimony of numerous witnesses , the following circumstantial _aniline of the facts connected with this bloody deed

      might be gathered : — The deceased , Harriet Candler , was an old woman , occupying a portion of a-house in Howard-street , in Great Yarmouth , where she earned on general business , dealing in grocery and tobacco , in the front room , and "keeping" and * sleeping in two others at the back . These rooms , ' -adiich were att on thc ground floor , are separated from others occupied by a Mr . Catchpole , in the same house , hy a passage , the walls being of lath and plaster only , through wliich the slightest noise could be heard . Mr . Catchpole , it appears , is a - solicitor , and occupied apartments in these premisesas thc lodger of amannamed Yarham , who as well as his wife acted as his servant . Not long before her death Airs . Candler had received a legacy , which had been Ions ; anticipated by her , and

      had frequently been talked of by her very _linguardedly , and when it did come she openly mentioned the sum , which she said had fallen short ofher expectation , its amount being only £ 150 , which she had been paid by a cheque for £ 100 on a bank , and in notes and gold , all of which she was undoubtedly well known by her neighbours to have in her possession . Living alone in her shop , the old lady was in the habit of going regularly eveiy night about ten o'clock for her beer to thc Slack Swan public-house , hard by her house . On the night in question she went as usual , and having chatted a bit with the people there , and drunk a little of her beer , she went back again . After this she was not seen alive by any one but fhe person _srpersonsat whose hand shemether death . At two

      > clock in the morning , police-constables Waller and _Johneon were going their rounds through Howard-. itreet , and as they passed the house ofthe deceased me of them pushed against the door , on whichit gave _« vay _. On entering they found the shop and parlour in iarkness , but by the light of their lanterns they conld see that a candlestick was on the counter , while on the parlour table stood the unfinished beer and fhe remains of a frugal meal , which plainly showed that the old woman had been distobed not long after her return from the Black Swan . Not being able to make any one hear , though they frequently knocked with their truncheonsagainstthe counter and partitions , they lighted the candle , and On examining the counter , behind which -was the

      tilldrawer , they discovered the body of the deceased _, quite cold and dead , doubled up on the floor in a pool of blood , her throat being deeply cut on one side , -while her head was almost smashed by blows dealt , on the back with some "blunt instrument , as if she had been struck iu the act of stooping to get something from "beneath the counter . On the counter near the body was a knife covered with lard and blood . As soon as the sergeant came from the station-house the alarm was given , and among other persons the inmates in Mr . Catchpole ' s house were roused up , the hell being answered by Yarham from a window . When _lecamedown . heinanswertotheinquiriesofthepolice replied that he hail not heard any noise in Mrs . ¦ Candler ' s house , though he had been sitting up all

      Wght _lOT-Jus master till one o ' clock , and that he had heen to buy s _?? ue rushlights at her shop _tuat night at ten o ' clock , when he saw and conversed with her , and left her welL _NotwifliStandingthis , the police very properly searched the a _^ ohune premises , and though nothing was found to implicate _Ysrham , he was taken Into custody , as well as the prisoners " 2 * the bar , against whom suspicion was directed in eonsequence _of their having been seea loitering about the premises on the evening before the murder and after it during the ni | M . The strongest circumstance , however , arose from the discovery of a bag of money , bearing the superscription "Mrs . Candler , by rail to Yarmouth , " which was found secreted in in the " Denes , " a sandv

      _aistrictsm-rounuin'rYarjnouth , by two women on the ¦ morning after _themur-« ter , who , observing that the sand had recently been disturbed near a heap of broken glass , conceived that the latter had been erected as a landmark to guide the murderers to the recovery of their plunder . They accordingly dug near the footmarks of two men , which they particularly noticed at the time , and very soon came to the bag and money . While so employed they saw the prisoner Royal hanging oyer some palings not far off , and apparently watching them , and they were soon afterwards joined by him , when he said , " There ought to be a cheque too . " The property so _idnralarly recovered was placed in tiie hands of fhe police , and it being stated by a private _watchniaa that two men resembling Royal and liapes had heen seen going towards the "Denes , "

      and to stoop down at the identical spot , those two men were arrested . Nothing , however , came out to - _ostify their committal , and the parties suspected were all discharged . On further , consideration they were again taken up , and on the 39 th of December the shoes of Royal and Mapes were examined mid pronounced by the women to make impressions exactly resembling those they had noticed in the sand . Beyond these very vague circumstances there was nothing whatever to implicate the prisoners in the commision of the murder , except the evidence ofthe man Yarham , who about the same time professed _msreadiness to make a statement of what he knew apd nlfamately disclosed the following facts , which we ave as narrated to-day by him before thejury in the _foBowringform : —

      Samuel Yarham . —I am a shoemaker , of Great yannonth , and occupied the premises iu which Mr . tatchpole resided . My wife lived with me . I slept Cb _& w _? _^ i ° * ning Mr . Catchpole's , over . Mrs . Mm nf _nS ? _^ i * " cat « lipole lived there at the ¦ _fito «« _SSi T ? _-. V _* to "went out near six _tfdodc l \\ o _£ l _^ t A _£ _** mc _wlerehe was going , and also when ne should retnni home . Mv wife was ill

      "Norfolk Circuit. Norwich, April S. -Hob...

      that ni"ht with a pain in the back of her neck . Mv . Dashwood attended her . She went to bed at half-past ten , and had some leeches on that night , which my sister Harriet put on . I was sitting up in my room for Mr . Catchpole , and had prepared some gruel ; I was in my keeping-room next to thc kitchen down stairs . Thc keeping-room is separated from the hall hi which the staircase is by a wall . I went oat of my house at a quarter-past ten o'clock on the night of the 18 th of November , and went to Mrs . Candler '* -- to get two rushlights . She served me , and I had some conversation with her . My wife was then down stairs . In a quarter of an hour after my return my wife went up to bed ; and I went up about eleven o ' clock . I came down a gain in a few

      minutes after . 1 came into the hail , and then heard ft noise In Mrs . Candler ' s shop ; it was » scuffling noise , as if some people were walking about . I went to Mr . Catchpole ' s front door , and iuto the street to Mrs . Candler's front door , wliich I found fastened . I tried the door and knocked . No one answered . I saw a light through the fanlight over the door . There was something across the window . I saw in at the sides , and I then went through Mr . Catchpole ' s house into the back yard , and saw the reflection of alight through Mrs . Candler's keeping-room window , whieh I knocked at over the wall which separates her premises from Mr . Catchpole ' s . No one answered me . I then came back again through the hall into the _sirce _*" _, and stood on thc step of Mr .

      Catchpole ' s door . While I was standing there I saw two men ; one man was crossing the street , and the other coming out of Mrs . Candler ' s shop-door . The man crossing had a bundle under his arm ; the man coming out of the shop-door put his hand up to put aside some obstruction to its shutting , aud then he put thc door to . A man and a woman were standing near Houchen ' s-row . li was Royal who was coming out of the door . I said , "What are you about ? " He said , "Go on , Jickey , " or Jigger , I don't know which . He said to me , "B—t you , if you say anything , I'll serve you tlic same . " I said , '' What do you mean ?" He said , " Wc werc told she'd got some money , and we ' ve been after , or have got it , " I can't say which .

      Whilst I was speaking to him the man who was crossing went up Houchen's-row , and the man and woman previously standing there followed . I again spoke to Royal , who said " B—t you , if ' yoH say anything , I'll serve you out ; " and asked if I lived there ? He then said , " I'll give you a sovereign . " When he "b d"me , I asked him where was the woman ? He said he'd not seen her . I asked , " Wasn't she at home ? " and he said , " We knocked her down behind the counter , " I said , "Good God ! you've not killed thc woman l" and he said , " I don't think we have , but I left her there—don't blow of an old playfellow , and you shall have a share in the dole . " lie then followed tbe other party up the _SiUllC TOW . I _iJieu took ihe candle which was standing in Mr .

      Catchpole ' s hall and went into the shop . I went behind the counter on the right hand side , and saw nothing ; I then went to the left hand counter , and saw the body of Mrs . Candler under the counter . 1 felt very much alarmed , and went back into our keeping-room , and considered about it . I remained there two hours , till Mr . Catchpole came home , who came home about half-past one o ' clock . I saw him when he came home , and he went to bed about halfpast one o ' clock , and so did I . When I had been in bed an hour and a half I was awakened by a ringing of the bell . I looked out of the window , and saw Sergeant Williinents . I have since seen the man who was crossing the street , and see liim here to-day - it is thc prisoner Hall .

      ihe witness was severely cross-examined by Mr . Prendergast , but without eliciting anything new or contradictory . Sarah _Tarham , wife of the previous witness , was next examined , but her evidence was not important . At the close ofthe case for the prosecution , Mr . Phendergast rose to address thejury on behalf of Royal and Hall , and in the course ot" liis address imputed to the witness Yarham thc whole guilt of this most mysterious ease ; - concluding with thc intimation of his intention to disprove the case against his clients by witnesses , who would show that they were at two public-houses at different parts of the town at the time when the murder was perpetrated . When the learned counsel had brought his speech to a conclusion , His Lordship adjourned the further heaving ofthe case till to-morrow morning .

      Tue Yammer . —Ai-hil S . —The above trial was resumed this morning at eight o ' clock , when Mi * . Crouch proceeded to address the jury for the prisoner Mapes , on whose behalf , as had been done with respect to the other prisoners , an alibi was opened . Ai the close of the learned gentleman ' s address a great number of witnesses were called , with the view of establishing no less than three alibis . Tiie examinati _*? _a ? . B -I ? i' 9 . ? s-cx 2 r , "< ;"„ r . ' tion oi " these parties went to considerable length , _butthedetails of their testimony maybe briefly dismissed by the statement that they showed all the prisoners to have been at different public-houses in Yarmouth at the time the murder was perpetrated , no two of them having ever been ' seen together on the 3 iis ; hi in question bv any ofthe

      deponents . Mr . Justice Patteson , in summing up the evidence to the jury , intimated his concurrence in the admission made by Mr . O'Malley , that thc ease depended on Yarham ' stcstimony . The circumstantial evidence was clearly insufficient to convict any ofthe prisoners , and as Yarham swore to Hall as as well as Royal and Mapes , it was difficult to see how he could be believed if it was admitted that he had been well answered by the witnesses called by Hall . Thejury , having consulted together for nearly ten minutes , returned a verdict of Not Guilty generally , aresnlt which elicited some demonstrations of applause from the gallery . These however were soon quelled , and there only remaining one more case for trial , the court was comparatively deserted in a veiy few moments .

      NORTHERN CIRCUIT . ACTION AGAINST A 3 _IAGISTRATE FOB ILLEGAL _DIPllISONHE-NT . WHilAM LEIGH against TUB HOX . COLIX LIXDSAV . Such is the heading of a cause tried en Saturday last at Liverpool , and which excited intense interest in the extensive coal district of Lancashire . Our readers will recollect the circumstances ofthe case , as they were detailed in this paper in September last . A t > 0 ' > r collier—the only support of an aged father and -mother—was taken into custody about the 20 th of August last , and kept in the lock-up till the 23 rd , when , notwithstanding his earnest request that the case might be postponed till legal assistance could be procured , this was peremptorily refused : and in thc

      course of afew Minutes the poor fellow was on his way to gaol fbr two months and hard labour ! The charge against him was that he had " absented himself without leave ; " it being impossible for him to earn a living where he was , he had obtained work elsewhere—not , as before stated , merely to . gratify his own wants , but to support his parents . This conduct the magistrate considered to be a " misdemeanour , " and sentenced his victim accordingly . We take our report of the trial from the local papers . _LiVERPoor , April 5 . —Leigh v . Likdsat . —Triumph of RiaHT over Might . —This was an action of trespass imprisonment . Mr . Baines , Mr . Addison , and Mi * . Fry , appeared for the plaintiff ; Mr . Knowles and Mr . Cowling for the defence . Mr . Baines

      stated . thc case . lie said the plamtm in this ease was a person of humble rank , being a worker in the coal-pits of a person of the name of Whalley . The defendant was tbe Hon . Colin Lindsay , son of the Earl of _Balcarras , and a magistrate of thc county . The grievance of which he complained was that of having been imprisoned for twenty-live days in the gaol at Xirkdale . During that time he was dressed in the prison dress , lived on the prison fare , and was kept to hard labour pursuant to the prison discipline . He was also put to great expense in procuring his liberation by _Iiabeas corpus . The plaintiff , as stated , had been in the employment of Mr . Whalley , at Inee , near Wigan , and on the 23 rd of August last he was mukuiu j

      _brongZ _* _OCIOrC int . uc « : u > uu-ugeu _uy , _uauvy , under the ilk George J * -, an Act for Regulating Disputes between Masters ana _Servants , with absenting himself from his employni _& i VW _& that Act a magistrate sitting alone , acting both as' tUilge and jury , has the power of sending the party conipi _^ . 'net ' against to gaol for three months . The " powers thus conferred were very large . The charge against Leigh was that of having contracted , in the first _ir-stance , to enter into the employment of Messrs . Wbaley and Co ., and then absenting himself from that eniploymentwithout proper notice ; and under that Act of Parliament a single magistrate sitting alone was empowered to act as judge and jury . His decision was absolutely binding : he might , upon the single

      oath of the party complaining , the other party not being heard at all , direct that the person complained against should be sent to gaol and kept to hard labour for three months ; and therefore tiie power given by the Act was of the very strongest nature , and one which ought tobe most cautiously exercised , not only with regard to the individual upon whom it was exercised , but in order to satisfy the public that justice was done . He could not say thai it was illegal for thc Hon . Colin Lindsay to sit as a magistrate under this statute ; but , seeing that he was thc son of Lord Balcarras , one of the greatest coalmasters in the county , it did appear to him ( Mr . Baines ) , that this was a ease in which lie would have exercised a wise discretion if he had declined to act . In several recent statutes the _ligk

      _laturc had provided that masters who Wctb themselves interested in the matter in ilspute should not act as justices . In _theblasters " and Servants' Act , however , that provision was wanting . Mr . Colin _Iindsay , therefore , could not be charged with violating the law ; but it would be more satisfactory if in cases where colliers were brought for trial he would leave the decision to magistrates who were not like liimself interested in the decision ; at all events he should decline to act alone . However , he did preside as judge , and he adjudicated that the plaintiff had been guilty of absenting himself from his employment _. He ( Mr . Baines ) did not know whether it was competent foi * himself and liis learnedfrien'i " _- o appeared for the defendant , to discuss the qua- - ..... whether or not the man was guilty of the offence laid to his charge ; and therefore he " would net state the evidence

      "Norfolk Circuit. Norwich, April S. -Hob...

      he had on that point . The Hon . Colin Lindsay issued his warrant ; and , as liis lordshi p would tell the jury , that warrant was so perfectly illegal in itself , tbat it was wanting in almost every requisite which such a warrant should have . After the plaintiff had been in gaol for more than ,-three weeks , upon the _tvead-mxill , upon tliis illegal warrant , he was set at liberty upon an application to Mr . Justice _Wionrmax , in tho Court of Queen's Bench . The prisoner was brought up by a writ of habeas corpus ; and that learned judge , upon looking at the warrant , declared it to be defective , and the plaintiff w as set at liberty . He presumed he could not , in this action , enter into the merits of the conviction . If he could he would most willingly do so , but the consideration ofthe

      jury would be directed io tlic warrant which Mowed that conviction , and which would be found to be perfectly illegal , and wanting in every necessary requisite . On this wan-ant the plaintiff suffered imprisonment for twenty-five days , until he was liberated by habeas corjnis . It did not show that the witnesses in support of the complaint had been examined in the prisoner ' s presence . It did not show a contract for any specific time , and , for aught that appeared , even the alleged absenting of himself from his work , might have been with the consent of his master . He apprehended the only question in this case would ue the amount of damages , ' and these , he thought , the jury should give with a liberal hand . These tribunals in which the accused was deprived of the

      protection of a jury , where single magistrates were clothed with such extensive powers , should be most strictly watched , and when either from wilfulness or carelessness they did wrong , the party suffering such wrong should receive an ample recompense . He ( Mr . Baines ) apprehended that the moment his lordship looked at the warrant , this became a perfectly undefended cause ; and then the only qnestion _' would bo , what amount of damages the plaintiff was entitled to . He took it , in the first place , that thejury would give liberal compensation in damages for the injury tlic plaintiff had sustained , and the hardship he had endured , in consequence of this illegal imprisonment ; and he should also contend tliat hewas entitled to damages for the expense to wliich he had been put in

      obtaining his discharge . He had been put to the expense of obtaining his liberation , and the defendant had not thought proper to tender him , one single farthing in reparation . It was provided by the law , that a magistrate should have a month ' s notice of action given to him in cases of tliis najurc , in order that he might have an opportunity of tendering to the party aggrieved what might be sufficient amends for the injury sustained . If he did not do that , he might , after the commencement of the action , pay the -money into court , and then the plaintiff would proceed further . it his peril : but neither before nor after the commencement of thc action had the defendant offered to make any reparation . After reading tho decisions of two or three learned judges in similar cases , tho learned

      counsel said he would leave the case iu the hands of thejury ; and though thc plaintiff was a poor man , and the defendant one of tiie wealthiest in the county , he trusted that they would meet with an equally fair measure of justice . —Mr . Edmund Gibbs , governor of the Ivirkdale House of Correction , produced a commitment , signed by the Hon . Colin Lindsay , under which the prisoner remained in custody from the 24 th of August to the llth of September , and was kept to hard labour . Witness accompanied the prisoner to London when brought up under a writ of habeas corpus . On that occasion the prisoner was discharged by Mr . Justice Wightman . Witness had been paid his expenses by Mr . Roberts , Leigh ' s attorney ; the expenses were £ 11 odd . —Mi * . William Pro ' uting

      Roberts stated that he was an attorney and solicitor . Was in August last employed to obtain the liberation of Leigh . Went to London at the hearing . Paid the expenses of the governor of the gaol . Paid the fare of Leigh back . Produced thc account of law charges . Served notice of action on the 14 th December , at liaigh-hall , the residence of the Earl of _Balcavras _, where the defendant resides . Cross-examined : I five at Newcastle-on-Tyne _, and carry on business , as an attorney there , and in London and Manchester . I have three offices . I attend all three as far as I can . Newcastle is my principal residence . I knew nothing of Leigh before this . My profession is principally among colliers . The colliers subscribe to a general fund , I have not

      been paid tliese costs out ot that fund . The colliers subscription is partly for the purpose of paying those who are out ot employ , and the paying law costs . The latter generally conic to mc . I have a salary , and I am also paid what costs are incurred in each particular instance . By the costs incurred I mean the costs out of pocket . " I do not consider my salary a large one . I did not think I should succeed in obtaining the discharge of thc plaintiff on the / _t « 6 cas corpus . I have not been able to serve personal notice onthe proprietor , Mr . Whalley , who was ill in bed . 1 ' saw his son , and gave it to him , and he told me it had been received by Mr . Whalley . I had some doubt if this was sufficient , and I knew Mr . Justice _Wishtman was very particular . No part of this bill

      has been paid me . My . salary only extends to svork done in the county of Lancaster . I expect the ilefcwl-int to pay me these costs . If lie docs not , and Leigh has the power to pay , I would look to him . I do not think I shall apply to hhn . If the defendant does not pay , and Leigh cannot , I would apply to the general fund . I did not consult the colliers on the case , before acting . —Mr . Knowles : What is your salary for ? I don't think I have made myself thoroughly understood . Ey the costs which are incurred , 1 mean the costs out of pocket . —Oh , you have a salary , and the costs out of pocket ? A salary , and the costs out of pocket . —May I ask what your salary is ? If you have any delicacy upon the subieet . I will not pavtieularly press the question . If

      you don't like to answer it , 1 will not press the question . I will answer it , if you press it . —It is rather a large salary , I believe ? I don ' t consider it so . — Yon say the habeas was taken out in London witliout your attendance ? It was . —What was there that rendered your personal attendance in London necessary ? I may be allowed to say , that I did not think I should succeed in obtaining the discharge of the prisoner unless I did personally attend . It requires much zeal as well as an intimate knowledge of all the circumstances to succeed in their cases . —Did you act as advocate , or did your counsel , Mr . Bodkin , attend ? Mr . Bodkin acted as advocate ; still I must be allowed to state my belief that he derived some assistance from his previous consultations with

      mc—What , then , you were in personal contact with Mr . Bodkin , and lie became _' zealous ? Is that so ? Yes ; yon may so state it if you please , hut the words do not exactly eonveymy meaning . —Have you an agent in London ? No . —Who attends to your business there ? My clerk . —Who is he ? Mr . Ohinery . —And is not he a zealous man ? Yes . —Could he not attend Mr . Bodkin without you ? No doubt he could , but in a case of this sort I Avould not trust any one but myself . There was also another necessity for my going to London . — When did you go f Perhaps you will allow me to continue ! my answer?— Oh , certainly . —I had not been able to effect personal service of the notice of habeas on the prosecutor . Mr . Justice Wightman is always

      particular in seeing that there has been personal service . When I went to Mr . Whalley , he was ill in bed ; I was therefore obliged to send the notice to him . I heard that the notice was taken to and received by him ; but the practice of the Crown-office is so very strict , that I was not miite sure that the service would be considered sufficient unless I was there to explain the circumstance . That was one reason why I went to London . —I suppose you do it by affidavit ? Yes , I did by affidavit . —You oould make affidavit in the country as well as in London ? I could do so—still that does not give the case fairly . A judge might require facts to be stated in an affidavit whieh were not stated ; if the deponent were not present there would then be a considerable loss

      of time , and perhaps defeat , from the delay ot correspondence . I may state generally that I was anxious to obtain the man ' s _discharge , and I thought he would be safer in obtaining his discharge if I went than if I did not . —Has any part of this bill been paid to you ? None , sir . Perhaps I should state , in connection with another answer which I gave , that my salary only extends to work which is done in tlic county of Lancaster : it does not extend to costs out of pocket , and work which is done out of the county of Lancaster . —That may explain why you were so anxious ' ° S ° London , Mr . Roberts . Now , sir , let me ask you * his question : you say you have not been paid any part " of this bill . Upon your oath , do yon expect Leigh to p . " *? you one shilling ? /

      expect the defendant to pan it , sir , — But dill _J'OU ever expect that Leigh would pay you a farthing of this ? 1 did not think he would ever have the power to pay me . —Will you not apply to the fund , tox ) he Association ? In that ease I shall apply to tliem . —The Judge : In what case ? In the event of Leigh not paying , nor the defendant paying , I should bring the case before the colliers generally . —Mr . Knowles : Were you not retained in tliis matter by the colliers generally , and not by Leigh ? No , sir ; in the first instance I was sent for by the friends of Leigh and Morris , a man who obtained hia discharge at , the same time , bnt without being taken to London . I did not consult the colliers upon fne case . —The JuneE : Not before acting ? _ISot before acting , my lord . In the first _instant _\ sent for the writ ; and , when I heard that _J _^ _-d Denman expressed an opinion against t > _i wan-ant . I went on upon my own

      _respilisibility . —Mr . Knowles * Did you attend before the magistrate when Leigh was committed ? No . — Did you know from Leigh whether he was present before the magistrate at the time the information was heard ? No . —By Mr . Baines : The plaintiff is liable to me for this action . I had made myself intimately acquainted with the facts of this case before I went to London , and in my judgment it was necessaiy for me to go there . I may be allowed to add , that I do not think a discharge under a habeas could ever be obtained by a mere agent , or by a clerk . —Mr . Baines then put in a copy of the'notice of action , and said this was the plaintiffs case . —Mr . Knowles , for the defendant , submitted that the action would not lie in its present form . This was an action of trespass against a magistrate for something done by him in his capacity as a magistrate , and itwas not disputed " that this was a matter in which , the magistrate had jurisdiction , His learned friend bad

      "Norfolk Circuit. Norwich, April S. -Hob...

      put in evidence an instrument which he called a wan-ant , and which in one part purported to be a conviction ; and what he ( Mr . Knowles ) had to submit to his lordship was , that there was a conviction unquashed and still in force ; and though it might be informal in some respects , yet that it was not a void conviction , and was therefore a protection to tne magistrate in an action of trespass . —His lorasiiip held , that though the conviction was not _qmished , yet for the delects thc magistrate was still liable in this form of action . He , however , said he should reserve the point with leave to move to enter a verdict for thc dcfendant .-Mr . "Knowles said , ho should tender a bill of exceptions , if the result of tlio action was unfavourable to the defendant . Ihe learned of

      counsel then tendered a formal conviction the plaintiff before the Hon . Colin Lindsay , and submitted that it was sufficient to protect him from thc action . —Mr . Addison , on the other side , objected to the conviction being received , and cited dicta of learned judges in the case of Chancy v . Paxjne , in support of his argument . —Mr . Knowles contended that the case of Chaney v . Payne did not affect this case , as there was a distinction between the two so far aft the facts went . He called his lordship ' s attention to the case of Mousey v . Johnson ( 12 th East ' s Reports ) , where a warrant had been issued without any conviction at ail , and Lord Ellenborough said the conviction might be drawn up at any time after the party was convicted . He also cited a decision of Baron Alderson , in the case of Leeuiood v . Mountain , where that

      learned judge allowed two convictions to be produced , and acted upon the proper one . —The Judge : In that case there had been no iiabeas corpus , you will perceive , at all . —Mr . Knowles asked if he was to understand his lordship to rule that tiie production of a formal conviction was no protection to the magistrate , and that it could not be produced ?—Thc Judge ; Yea . —Mr . Knowles ; Then your lordship , I am sure , will not think I am meaning any disrespect ; but , in order to take tiie opinion of another court upon both points , I will tender a bill of exceptions upon both points . —The Judge : I do not say that I shall not receive it in evidence . I will receive it in evidence : but I shall tell the jury that it is no protection to the magistrate . —Mr . Knowles then addressed the jury for the defence , alleging tliat the defendant-, _ivislmd the tuisa to ho conducted in the

      most liberal manner , and complaining of the prejudice which it had been sought to impart into it . There was no doubt the plaintiff had been guilty of the offence with which he was charged , and the action was merely founded in the allegation that by an oversight that offence was not sufficiently described . Evidence was then adduced to show the facts in which thc conviction was founded . It appeared the plaintiff was under terms of a fortnight's notice , and that he had actuall y g iven such notice 5 but did not serve out 'the . fortnight . —Mr . Addison , before the witnesses were examined , objected to the evidence being received , on the ground of irrelevancy , and his lordship took a note of the objection . —Mr . Addison replied , commenting on the extreme severity of the sentence . Verdict for the plaintiff—damages

      £ 30 , besides the attorney ' s bill , when the amount was in taxation . In reply to a question by the learned Judge , thejury stated theii-opinion that Mr . Roberts ' s journey to London , to obtain Leigh's discharge , was necessary and proper , and that he should be allowed the expense thereof . Mr . Knowles afterwards tendered a bill of exceptions to his lordship ' s ruling on the two points above mentioned . Thus terminated a trial , the progress of whicli has been watched with most intense interest by both Colliers and _Coalmasiers . The court was crowded to excess , and the verdict evidently gave great satisfaction to both judge and audience—to all indeed , except Mr . Colin Lindsay and hi 9 attorney . It has been an expensive and humiliating lesson for the youthful defendant to learn so early in life , but it will be cheap to him if he makes proper use of it .

      The Rochdale Poor Law Guardians Ac/Ainst...

      THE ROCHDALE POOR LAW GUARDIANS ac / ainst THE POOR LAW COMMISSIONERS . Liverpool , Friday , April 4 . — This case , which has excited thc greatest interest throughout the country , was tried this day in the Nisi Prius Court , before Mr . Justice Wightman and a special jury . Several of the officials from _Somevset-housa were in court , and among them two of ihe commissioners , Sir E . W . Head and Mr . G . C . Lewis , who occupied seats on the bench , to the left of the teamed judge . The pleadings raised a variety of issues , most of them merely of a technical character ; the _pYinavpal _sauX substantial question being , whether the defendants [¦ HE ROCHDALE POOR LAW f . _rUAlO ' _-lA . iN _* * - _* ac / ainst THE POOR LAW COMMISSIONERS . Liverpool , Friday , April 4 . — This case , which las excited thc greatest interest throughout the ountry _, was tried this day in the Nisi Prius Court , lef ' orc Mr . Justice Wightman and a special jury . Several of the officials from _Somevset-housa were in ourt , and among them two of ihe commissioners , Sir E . W . Head and Mr . G . C . Lewis , who occupied eats on the bench , to the left of the learned judge _, [ 'he pleadings raised a variety of issues , most of them nerely of a technical character ; the pY _' rocvpal _sauX i ubstantial question being , whether the defendants

      had disobeyed a legally-constituted order of tlic Poor Law Commissioners , There were no less than fifteen defendants on the record , whose names it may be convenient to insert hcve , \ i _» ., Thomas _Livsey , George _Mansell , . Thomas Holland , James Hayes , James Sharp , Samuel Holland , John Leach , John Danin _, William Barnes , Thomas Mitkin , James Wilkinson , John Scholefield , Thomas Redfem , John Whitaker _, aiid Thomas _Bamfortj . The Poor Law Commissioners were represented by Mr . Martin , Mr . Watson , and Mr . ' Tomliuson * _, the case for the defendants was conducted by Mr . Cronipton _, assisted by Mr . Cobbett . Attorneys for the Commissioners , Messrs . Sharp , Field , and Jackson , London ; for the defendants , Mr . R . B . B . Cobbett , of Manchester .

      Mr . Tomli . nsox having opened the pleadings by reciting the different issues , Mr . Martin stated the case . —He had the honour to appear for the Poor Law Commissioners , who had the regulation and administration of the laws for the relief of the poor in this country . The defendants were guardians ofthe poor in the union of Rochdale , who had been elected in the month of March , 1844 , under an order ofthe commissioners issued in 1837 . The jury were aware that in the year 1834 , the Legislature thought proper to interfere with the laws under which relief to the poor had been previously regulated , and to appoint a board of commissioners to superintend and direct the manner ill which the poor were to he relieved . The Act waa

      passed in the fourth year of the reign of his late Majesty . At that period it was universally admitted that the time had arrived when it was essentially necessary for some alteration to be made in the mode of administering relief to the poor . The legal right ofthe poor to relief originated in the reign of Queen Elizabeth . Previous to that time , and until the reign of King Henry VIII ., monasteries existed in this country , possessed of enormous wealth and of great landed property , inhabited by persons who did not marry , and who , having no families , distributed tlieir wealth in chanty and in acts of kindness to the poor persons of the country . But in the reign of Henry VIIL , by an Act of that monarch , the entire property of the monastic bodies was taken from

      them ; the retorated religion was established ; the immense possessions of those institutions were given to noblemen , connections or friends ofthe King , and they were now held , probably to the amount of some millions a-year , by different persons whose titles were obtained at that time . In consequence ofall _^ these possessions coming into the hands of private individuals , the distress ofthe poor in the reign of Queen Elizabeth waa extremely great , and then , for the first time , an Act was passed , giving to thc poor of this countiy the legal right to receive relief at the hands of the overseers of each parish , tlicy being officers created by the same Act for the administration of such relief . Abuses , however , crept in ; and it would readily occur to the jury how—in consequence of

      some parishes being very small , whilst others were very large—some being inhabited by persons of intelligence and knowledge , able to manage the affairs of the poor , whilst others were inhabited by persons not remarkable for intelligence , who , however anxious they might be to cany the law into effect , were not able to do so properly—in the year 1834 matters had arrived at such a pitch in connexion with the administration of the Poor Law , especially in the southern parts of the kingdom , that it became absolutely necessary for something to be done in order to prevent the whole property of those districts being absorbed in the relief of the poor . Rates were actually made for the payment of labour . A farmer paid his labouring men one-half or two-thirds of what

      they ought to get , and a rate was imposed upon other persons to make up the difference between what they actually received and what they ought to have been paid ; a species of abuse earned to an enormous and ruinous extent , and so unjust that the necessity for legislative interference must be obvious to all . Accordingly , "with the universal concurrence of all the groat parties in Parliament and in the country , the present Act was carried for the regulation of reUef to the poor , and fbr the appointment of commissioners to cany it into effect ; unions were to be created of a tolerably uniform extent throughout the country , and guardians elected who were more immediately to administer tho ' _aw . _' _Svevythittg was done that possibly tuiiid be done to give satisfaction

      to the community . For instance , the guardians were tq be elected by the inhabitants of each union ; almost all persons who paid rates had a right to vote ; the election was to be fair and open—one in which all parties must concur ; and , in addition , the magistrates who acted in the union were to be guardians est officio . A "body more likely to give satisfaction could scarcel y be conceived ; and he was happy to say , that with very few exceptions , the elections had not given offence to any . The Act Was now very nearly in universal operation throughout the country . In some parts avery great deal ot opposition had been made to it , and in no district more than in Rochdale , and in the neighbouring one of Todmorden . The

      commissioners were desirous of carrying it into operation cautiously , calmly , and equitably . Where great opposition existed , they were unwilling to raise discontent or dissatisfaction , and accordingly they refrained _untU the year 1844 from requiring the inhabitants of the Rochdale Union to submit to the law . But almost all the countv _* ' being then under the regulations created by this Act , and , generally speaking , it giving great satisfaction , the general policy of the law was fully discussed in Parliament . Ithad previously been a topic of considerable discussion atthe general election , alter which many persons went into Parliament honestly prejudiced against it , and unwilling to sanction any steps to impose it upon those who declined te be governed by it , -til the opinion

      of the new Parliament upon it had been ascertained . It was discussed in the new Parliament , aud there was very nearl y an unanimous opinion that it was a very proper , and ( rightly understood ) a very beneficial Act for all parties . Under tliese circumstances , the commissioners felt it their duty to act upon thc law generally through thc country , and they proceeded to cail upon the guardians of the ltochdale union to obey the law . The mode of carrying it out was by tiie commissioners making certain orders for that purpose—written orders , under seal , which are to be sent to different parties in the district . Tliese orders , by the Act , must be submitted to thc Secretary of State , and to Parliament , immediately upon itsmectine : * . and it was not to be supposed that commissioners

      acting in discharge of a public duty , and subject to sneh control , _woult make anything like an unreasonable rule . In the month of October last year ( 18 ( M ) in pursuance of their authority , they made an order directing the guardians ofthe union of Rochdale to assume the administration of the relief of tiie poor under this Act . That order was delivered in tiie proper way to the various persons entitled to receive it . There was a refusal to act upon it , * a public meeting was called and strong language used , but he didnot mean to introduce thistopic into the present discussion , as he hoped thc result would be that the Act would be carried into operation with good feeling towardsthe . commissioners and towards the persons upon whom the law was to operate . Not one syllable

      should , therefore , fall from him calculated to excite ill-will . The guardians , however , having declined to act upon the order sent to them , a mandamus was granted , in November last , by the Court of Q , ueci \' s Bench , to compel obedience . A mandamus was carried into eflect by being delivered to the parties on whom it was to operate , and who made a return to the court of their reasons for disobeying the order . In the event oi ' those reasons being insufficient , the court would direct a peremptory mandamus to issue , whicli was an absolute peremptory command to obey the order ; but in the event of sufficient reason being shown the mandamus fell to ihe ground . By the statute of Anne , the parties making the return might have the whole matter investigated by a jury

      in order to ascertain whether the facts were true or not ; and in compliance with that statute the jury would now have to investigate whether six several matters alleged in the mandamus were true or not . A body of guardians had been in existence in tho ltochdale union for several years before October last , although tlicy had not assumed the administration of the law for the relief of tlic poor ; for on thc 21 st of January , 1837 , in order to give effect to the Act for the registration of births , deaths , and marriages , the Poor Law Commissioners issued their order , directing that the six several townships of Spotlaud _, _Castloton , _Bloteliingworth-iii-O-il-ier wood , Biittcvwor'ih , Wavilloworfch , and Whcrdalo and Wardle should form thc Rochdale union . This order

      directed that the guardians should be elected according to law , and tliat until it had been ascertained what proportion of rates collected in those towns , upon an average of three years , should be contributed to the general fund , tliey " should only carry into effect tllO Registration Act . Thai order was issued according to the manner directed by the Act ; it was immediatel y _ob-yctl by every one of the townships electing guardians , and the guardians , some of whom were among the present defendants , appointed a clerk and other officers to carry thc Registration Act into effect , down to October , 1814 , when the order was issued directing them to assume the administration of relief to the poor . By that order the most distinct intelligence was given of _evcrrtliing that ought to be done

      by them ; the duties of ihe relieving _ofiiecrs , the medical officers , and all oihcr persons connected with the administration of the law , were defined ; and lie ( Mi * . Martin ) challenged any person to put his finger upon a single point in whicli the good of the poor , their feelings , the supply of every want , and tlic necessity for kindness was not provided for . He really was at a loss to see how any persons could bring themselves to fancy tliat hardship was imposed upon any ono . There was no one thing connected ivith the benefit of the poor unprovided for . The most kind , he might say , the most affectionate directions , were given with regard to those upon whom thc law operated , and to persons who quietly and peaceably obeyed the law . who would

      be in a & good or in i » better condition than tliey were when under ihe control of thc old law . The learned counsel then read the recitals in the windamus , stating tliat the return to it by the 15 defendants out of the 18 guardians denied certain portions 0 ? those recitals . They denied that the order of 1837 had been sent . to the churchwardens , overseers , and to tliQ - _Jkvkii of the justices oftbo district . They denied that a portion of the guardians of the Rochdale Union had been duly elected and constituted according to the law and according to thc commissioners * order , They denied that at the time of the issuing of the order there were any duly appointed or ex-offitio guardians of the union . On tliis point , which he * believed to be the only important

      matter in issue , he relied upon the decision in the Todmorden case , in which tlio Court of Queen ' s Bench held , tbat for the purpose of constituting a good board of guardians , if there were three duly elected or appointed _auariliiy ) _- ' _, _* ¦ - , nv - \\ in ( 1 that wag sulffioiont to ' satisfy the Act . 'Tiie next point denied was that the Commissioners made the order of the 2 oth of October , 1844 ; that wis , whether a seal had been affixed to it . The 121 st section of the Act ] and 2 Victoria , chap . 50 , made its production , scaled , receivable , and thereupon it proved itself . The next point was , whether the order had been duly sent . AU that he had to show on tliis point was , under tiie 72 ( 1 section of the 101 st chap . * i and 8 Victoria , that the order had been sent to the proper parties by post , which he should do . lie had now stated the

      plaintiff ' s case—a case which seemed to him to he in the narrowest possible compass . He had avoided sayiug a single word that would excite an angry feeling ; and if iu the result it were found that the return could not be supported , he trusted the persons who had influence in this union wouhl have the good _sensft to obey the law , and not bring fruitless and unnecessary expense upon themselves , with great trouble and annoyance to others . He hoped gentlemen would have ' the good sense to sec that further opposition was fruitless . The evidence would be of a most technical kind , and somewhat wearying , perhaps ; but at the conclusion he hoped the verdict would be for the Commissioners upon all the issues , in order that ah end might be put to all theso proceedings .

      Evidence was then called in support ot the plaintiff ' s case . Mv . CnoMnox then addressed the jury for the defendants , expressing his belief that upon some of the issues they would be entitled to a verdict . It was absolutely necessary for the guardians to have the present questions minutely investigated before they placed themselves in the responsible situation wliich tliey were called upon to take . Without wishing to aggravate any unkind feelings between the parties , he must say that the guardians had some reason to complain of the proceedings of the commissioners . No opportunity had been afforded to them of answering the application for the mandamus ; fbr , if that which was the proper course had been taken , they would not

      have been put to the enormous expense of having the matter investigated before a jury . He implored the jury to consider how extremely necessary it was for the guardians to see that the proceedings of the eommissoners had been careful , well advised , considerate , and legal , * because if upon some ofthe points suggested , and upon others yet behind , still more important , thou * proceedings were invalid or illegal , in what situation would the guardians be ? They were commanded by the mandamus to take upon them the administration of relief to the poor in a most populous and extensive union—in a union where 12 , 000 rate-payers were against 'the introduction ofthe law . Were tliey to put themselves bito the _sitnatlon of opposing those 12 . 000 persons .

      any one of whom might legally question their acts ? It was quite impossible for them to do so ; and this through no fault of their own , for they had not made the Poor Law unpopular . It had been put to the jury , not quite fairly , that they had been acting under the Poor Law system for a long time in Rochdale ; but it was not so , for by the original order constituting the guardians for the purpose of carrying out the Registration Act , they were expressly directed not to interfere with the relief of the poor . He should not go into the question whether the new law were good or bad , but it was a very important fact , that the inhabitants of this thicklypopulated district thought its enactments very harsh , and to have been carried out in an offensive manner

      With regard to the points lie had to submit , he should prove that there were three petty sessions in the division of Rochdale , a fact which would have some bearing upon one of the issues . But the most material question would be , whether thc last order ofthe commissioners was good and valid , for unless it were it fell to the ground . No order of this kind , he apprehended , could be made except by the commissioners at a board meeting ; as a point ol' law , it was clear that two commissioners , at least , must be together upon making the order . Two constituted a board . Now , supposing two commissioners were not present together at tlic time the order was made , so that both their minds were concurring in its signature and execution , the proceeding was void . It would not do for one arbitrator to sign an award one day , and another upon thc next ; and even the judges on the bench , when making tlieir rules and orders

      , always met and signed them together . Therefore if , in the present case , he proved that one signature was fixed at one time and the other at another , the instrument was not binding . He should be able to show that the commissioners were wide asunder when the order was executed . In a tedious case like this , it might excite a smile to hear the cause ofthe mistake in the commissioners' proceedings , which he hoped would relieve thc people of Rochdale from the yoke which they were evidently so much disinclined to put upon their necks . There was a little blind god that mixed himself up with almost everything Jn this world , and so it was in the present case , for the fact \ : _* . , that one of the commissioners went to be married the day after the order was executed ; and at thc time when it was _snppoj * . ; to be dated—thc 23 th —this gentleman , for whon : ho liad the greatest

      possible respect , was not at Somerset-house , but at much pleasanter place—the Grove , at Watford . _}/ could not have a better excuse fbr hia negli gence He was _noft to be blamed fbr preferring a place Ht the Grove to his office in Somerset-house , _calculate tiie proper average of gruel for the daily allowan _^ of the poor . The commissioners thus were not kin Jf as his learned friend Mr . Tomlinson thought tliCny but merely men ; and the fact was , tliat one of _th-Z at this time was in love . ( A laugh . ) One woull have thought if any one were safe against the tenrii ! .

      passion it would oe a JPoor _Law Commissioner on would have thought that their orders and rcgiila ' tio respecting the poor formed a kind of panoply to _^ them from the arrows of the little god . ( Lauohi ,,,., The order executed by Sir E . W . Head , one _pfl ' commissioners , was sent down to Mr . Lewis at _W-lf ford , by a special messenger . A person ' h Sunner took it to Watford , aud there Mr Lewis m , i his name to it . Sunner brought it bade ; and uimU these circumstances , notwithstanding t _* « „ "";\ upon it , he apprehended it was not worth the niw » it was written on . * ¦ *

      . T i " _- — ? thought you had some points mate rial lor thc consideration ot thejury ? Mr . Ckompion . —Yes this , as to whether tl » onii » was executed in the way alleged . l Tiie Judge . —You mean whether the two couunis sioncrs were present signing it at the same time ? Mr . CromitoiY . —Yes ; I have opened that . The Judge . —Is that the only question of fact * * Mr . CnoMPiox . —Yes ; for I do not think tiiwc will be any dispute about tho division as to pcttv s _^ sions . •'"*""

      Mi " . George Cornewell Lewis , examined by Air _Ckomi'to . w—I believe you were married on the % \ i of October last year ?—1 was , Were you staying , about that time at the f _' rove near Watford ?—I was ; that is to say , 1 was residin _* there , but going occasionally to London . e __ And occasionall y papers were sent down foi' _yout . signature to Watford ?—It is possible some papmofficial papers—may have been sent to mc . About tilings you had "" determined on before ? - » Official papers were sent to me for my perusal ; but during the chief part of the time I was there both my _collcm-iies were in London ; therefore it would have been unnecessary to send papers for _my-signature . Wore you in London on the 25 th of October ?—I cannot say positively I was in London on the 2 f > th of October . 1 remember being in London upon some day preceding my wedding , but whether it was on the 25 th , I no not recollect .

      As that was a day wliich must have made a _irooii deal of impression upon your mind , be so good as to try to recollect whether you werc or not ?—I cannot positivel y say ] _»* ns not . l ' ou surely can remember being married last veinand what occurred only the day before yourmarria _**! .- * —The distance between London and " Watford is ° cvtrcmely small , only about eighteen miles , ami close to the railway ; and 1 liad occasion lo uo _ui . on various matters before my _uum-sa < re L < r *•!» - - order , and tell me _wliet . W yon and Sir h . « V . Head Signed it 111 the presence of cacti other ox not ? - ! hare no doubt as fo fhe signatures , but 1 haye no recollection as to si » _niii _« - it with him . t * w ¦/? S iimi ljy J' 011 in the _vnscneo of Sir r ,. > v . Head ?—] cannot swear to signing it in his presence . Have you any reason to suppose you did sigl ) it in his presence ?—1 cannot say whether 1 did or did not .

      _lousee that your signature is not in the same ink as Sir E . W . Head ' s ?—I have no doubt it is my signature . The _fijling up of the date is not in my writing . 1 suppose so ; do you know in whose handwriting is the filling up ?—I do not know ; but no doubt it was filled up by one of thc clerks in the office after our _signatures . That is our usual habit ; our _nstiai habit is to sign the order first . I do not ask you about that ; I ask vou about the date ?—I suppose the " 25 th" was filled in by one of the clerks after the order had been signed by myself . I understand you to say , you have no remembrance of signing the order in conjunction with Sir E . ) V . Head ?—No , I have not . Had you any board meeting on the _iftih of October?—I cannot recollect that . 1 cannot recollect a board meeting on any particular day in October Inst . 1 was iii London several limes about tliat period .

      lou have no remembrance of being in Iheotticc on the 25 th , or of having . signed thc paper in the presence of Sir E . W . Head ?—1 cannot swear J did so . Tlic Jchge . —lie has no remembrance of liaving signed at all . I understand Mr . Lewis fo say , lie knows liis own signature , but the pict-isc time vf signing he does not recollect . Mr . Lewis . —Tliat is exactly the case . We issue a vast number of orders in the " course of a year , and this order might probably be brought to mc with twenty or thirty others , ami I should -sign it without anv particular observation .

      Examination resumed by Mr . _Crojji'tox . Was Sir E . W . Head with you or hot ?—Our frequent habit is to sign orders together in the game room . Sometimes wc sign them in different rooms . And sometimes papers have been sent to you whilst you have been staying at the Grove in Watford ?—It is possible some may have been sent to me for signature . I cannot say they were not , fbr 1 have no distinct recollection upon the subject . 1 have a distinct recollection of official' papers being sent to me for perusal . I have no recollection of a person named Simnel bringing any to me on the 25 th . f presume you always sign orders upon the day tlicy arc dated , because they come into operation from that ( lay ?—They come into operation fourteen days from the signing . Thc date of signing is immaterial .

      -Mr . George Coode , first assistant-secretary to the roor Law Commissioners , was then examined , * bnt i _*; appeared he had no cognisance whatever of the order in question , nor did he know where Mr . Lewis was when it was signed . Mr . Luinley , a gentleman also in the commissioners' office , was next examined . He stated that he knew of tliis order having been sent out of Somerset-house to be signed by Mr . Lewis , but where it went for that purpose he did not know . He ( Mr . Lnmlcy ) was not in the office when it was signed by Sir E . W . Head . Witness prepared the order ; ami it was sent out of the _olh _' ce for Mr . Lewis ' s signature by his directions , no doubt upon the day it was dated . He did net see Mr . Lewis at the office on tiie 25 th . He was not there at the time it was necessary to have tiie order signed , and therefore he directed it to be sent . Sir E . Vf . Head was in the o ' . _'icc that day . The clerk ' s name to whom

      he gave the order to be sent was Hutchins . Documents " were | usually signed in the commissioners ' room . There were a board-room and two _otlierrooms wliere the commissioners sat , and eaeh commissioner had his own room . They sig ned orders indiscriminately . Mr . Lewis was not in the board-room atthe time tliis order was signed . Could not tell whether be ( Mr . Lewis ) had been a good deal away from the office just before this time , because witness had been away himself * , but he did know that Mr . Lewis had been there a short time previously . It had not been the practice for several years past to send documents away from Somerset-house to be signed ; b _« t _OCCftionaily documents of great emergency had been so sent . Tliis order was considered onc of emergency ; it being already prepared , and there being certain dates in it , it was necessary to issue it that night . The date " 25 th" was in the writing of one of witness ' s clerks .

      Hugh Owen , a chief clerk in the Commissioners ' office , was next called , but it appeared lie was in Vf ales m October , so that he knew nothing of whit had taken place . Abel Simnel was then placed in the box , on which Mr . _Mahtix said that if this witness was called merely to prove that the order was signed at different times by Air . Lewis and Sir . E . W . Head , he would give his learned friend no trouble , but admit it at once . Mr . _Chomptos said that was his point , and with it thc case for the defendants would be closed .

      After some discussion the objection _*** as placed upon the judge ' s notes in this form— " Thatthe order of October the 25 th , 1844 , was signed at different times upon the same day , and in different places . " Mr . Martin then rose to reply . lie said he should express liis opinion first upon the system of inquiry which had been pursued with respect to Mr . Lewis ' s marriage , for the purpose of picking a hole in the order . How conld the time when that gentleman was married have been found out except by some turned off clerk—The Judge . —If that be objectionable , I do not know why your addressing the jury upon it is not equally objectionable . My , _M-Wiii-s . —Very well , my lord , I will leav the I case as it stands .

      The Judge . —It seems to me , then , that a verdict should be entered for the Crown upon all thc issues , and Mr . Crompton may have liberty to move-Mr . CRo . Mnox . —To enter a verdict for the defendants ? Tlic Judge , —Yes . Mr . C _' ROMriOK , —I am satisfied with that , m ? Lord . A verdict was then entered for the" Crown—Damages , Is . and the proceedings terminated . The trial lasted from nine in the morning _tillfow in the afternoon .

      1'Rintedby Dougal M'Gowan , Of 17 , Grant Wlndm^- Street, Haymarket, In The City Of Westminster, At To*

      1 ' rintedby DOUGAL M'GOWAN , of 17 , Grant Wlndm _^ - street , Haymarket , in the City of Westminster , at to *

      Office In The Same Street And Parish, Fo...

      Office in the same Street and Parish , for tne rroprietor , FEARGUS 0 CO " NNOU _, Esq ., andpttWishedby William Hewitt , of No . 18 , Charles-street , Bran don _, street , _TValivoith , in the Parish of St . Mary , Newing _* ton , in the County of Surrey , at t . _Sc Office , Ho . 3 * Strand . in the Pavi 6 ¦ _> ' St . Mayy-lc-Stva _* ac | in City o" _Wcitminster _^ . _* _SatcriIr . v , A 18-15

  • Citation
    • Northern Star (1837-1852), April 12, 1845, page 8, in the Nineteenth-Century Serials Edition (2008; 2018) ncse.ac.uk/periodicals/ns/issues/ns3_12041845/page/8/