The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1861-05-21 00:00:00

Legal.

COURT OF EXCHEQUER, NAT 14.
*lure die CIIILT BARON and a Special Jury.)
HATCH r. LEWIN AND OTIIEHN.

This case,which ha., excited considerable interest, and
has occupied the courts for several days, was concluded
on Tuesday last.
It was an action for negligence against the defen•
dents ILA attorneys in conducting a defence to a criminal
prosecution at the Central Criminal Court.
Mr. M. Chambers, Q.C., Mr. Garth, and Mr. G. Allan
were council for the plaintiff ; Mr. Sergeant Shee, Mr.
Lush, 4.c., and Mr. C. Pollock appeared for the defen-
dants.

Trio particulars of the case are already known to the
public).
Mr. Sergeant Shee made an able defence on behalf of
the climate, the MeilAtS Lewis, and called evidence on
their behalf. After which, the Lord Chief Baron
'unlined up with the greatest care and minuteness, in the
course of which his Lordship said to the jury,—lf your
verdict is for the plaintiff! shall observe the very
judicious, end I think tempenite course the plantirs
council has observed, who has not said one word about
damages. If you find a verdict for the plantiff you are
to give him such damage as under all the circumstance.,
with reference to his own conduct 1111,1 the difficulties
which certainly part of that conduct must have created.
You are to estimate that in considering what the damages
should lie—that is, how far he has himself contributed
to the mischief that has arisen. The second count says
that in consequence of the defendants' titgligence the
plantiff was convicted. Ido not think thet the plantar
is bound by that my impression is that if ids negligence
largely contributed to the conviction ho would be
amenable to have the verdict against him for such
damages you might think under those circumstance,
prow, ; but if your opinion is that the defendants'
negligence led to and was not the mere sole CAUb43, but
contributed to the conviction, then I think the plantar
is entitled to a verdict, and to such damages as under ,
the circumstances you think lie ought to have ; but if
you think that it was wise not to call witnesse,,,that being
Mr. Serjeant Ballantiae's opinion, then the defendant
is not responsible ; but if you think that the examivation
of the witnesses in any way, under the circumstances of
the concealment of the charge, the resignation of the
living,and the retirement to Poplar for 12 days, knowing
that there was a warrant out against hiui, and asking
that indiscreet queston of the pi.liceman, what was the
punishment of such an offence, that being the last thiug
I should have thought an innocent man would have
been inquiring about, and always remember this, that I
should wish, with tLe clearest, the firmest, and strongest
voice to say that I honestly mean to throw no doubt
on Mr. Hatch's innocenee,—l again say, in my judgment,
he ought to have been acquitted, from the contrast
between that improbable story and the position he
oc:upied, and the manner lie was surrounded by other
circumstances. But if you think that the unhappy end
unfortunate errors in judgment that he had committed
with respect to the conduct of this matter nude it
indiscreet to call witnesses, whatever it is suggested
they could prove,—and upon that I shall express no
opinion,— it is for you to judge for yonrselves, then, in
my judgment, the defendant would be entitled to
your verdict.
The jury, after an abeam of an hour, returned into
court, finding a verdict for the plantiff,—Damages 40a.
There was • loud exhibition of public feeling when
the verdict was announced, the words " We find for
the plantiff" being received with cheers, and the amount
of the finding with biles*.
The verdict will not carry cost.; without • certificate
from the learned judge.