The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1884-11-29 00:00:00

THE STOURBRIDGE OBSERVER.

THE MIGNONETTE CASE.

The case of "The Queisn v. Dudley and Stephers,"
which was an indictmant for murder tried before
Baron Haddleston at the last Exeter Assizes, stood in
the paper on Tuesday morning in Court No. 2 of the
High Court of Justice to be mentioned. In the pro-
secution known as the "Mignonette Case" there was
a special finding by the jury, and the learned judge
adjourned the matter to the High Court of Justice,
with a view to the opinion of the judges being taken
as to whether the facts so found amounted or not to
the crime of murder.

The Attorney-General, Mr, Charles, Q.C., and Mr.
Danekwerts, and Mr. Charles Mathews appeared for
the Crown; Mr. Collins, Q.C., and Mr. Henry Clark
for the defendants.

The Attorney-General said his lordship had ad-
journed the Assizes till to-day in that court, and he
had to apply for a further adjournment. A question
of some aifficulty might arise as to dealing with the
case there and as to the machinery for the purpose.
Section 16 of the Judicature Act 1873 transferred
to the High Court of Justice all the jurisdiction
of the courts created by Commissions of Assize
of Oyer and Terminer and of Goal Delivery, and
all the judges were included. Then, under section
39, the Commissioners when engaged in the exercise
of their jurisdiction were deemed to constitute a
Court of the High Court of Justice, and they had
power to adjourn cases to the High Court of Justice.
Again the 26th section gave power to the Judges of
the High Court and the Commissioners aforesaid to
sit and act at any time and any place for the transac-
tions of any business, or for the discharge of any
duty within their jurisdiction. And in section 100
" cause " included any criminal proceedinc, by the
Crown." Under the circumstances the question had
arisen whether the procedure which had hitherto pre-
vailed, of bringing up the indictment and special verdict
of the jury by writ of certiorari should be adopted or
whether there should be a sitting as an adjournment
of the Assize Court. It seemed to him and his learned
friends that the Assize Court held at Exeter having
been adjourned to that place, he should ask his lord-
ship to sit as a Commissioner under the original Com-
mission for the assizes; and inasmuch as all the other
judges were equally Commissioners under that Commis-
sion ,he presumed his lordship would seek the assistance
of the other judges to hear the case. His lordship had
, jurisdiction to adjourn the assize both as to time and
place, and the Judges would be exactly in the same
position as if they were sitting under a Commission
of Assize of Oyer and Terminer, and of Goal
Delivery, and could give judgment on the special
finding of the jury. Therefore his application was
that there should be a further adjournment of the
assizes, and a day fixed, convenient for the judges,
and notice given to the defendants to appear to
r:,..eive judgment. If, however, the officers of the
Crown Office thought it better to move for a cer-
tiorari, there perhaps would be no objection to that
course.

Baron Huddleston, after some further discussion as
to the bearing upon the case of the provision as to
Crown cases reserved, said he had spoken to the
Lord Chief Justice on the subject, and he thought
that he (Baron Huddleston) should sit as part of his
duty, and he (the Lord Chief Justice) himself would
sit, and he would secure the attendance of three other
judges.
The Attorney-General asked for an adjournment
for a week.

Mr. Collins, on the part of the defendants, asked to
have a copy of the shorthand notes and a copy of the
special finding.
The Attorney-General said whatever was right
should be done.

Mr. Collins said a week was too short a time, as he
bad no materials before him.

Ultimately the case was formally adjourned until
Thursday, December 4th.