The Express.
London, England, 1847-01-15 00:00:00

SEVIRAL WRISINO7ZITO of WOW born hold h large
number, of the colliers in South Stalardshire, the object of
which was to concert measures for a generalstrike, in the
event of the masters refusing to accede to their demands of
continuing the present rates of wages for two hours less
work a day. The masters have had several meetings also
on the subject, and seem determined to resist the demand.
Should the price of coals be further advanced, and this
would be the inevitable result cf a strike, the suffering of the
poor in the midland counties, in the present inclement and
very severe season, will be dreadful.
WORCESTEReHiIte.
Tits POOR Law COMMIASIONRRA have addressed an
official sammisalcation to the Worcester guardians relative
to the issint starvation case. After referring to the evi-
dence aillesei during the late inquiry, this document con-
cludes Icklallor
On tile NM if December Sarah Doney's child expired, its death,
WWW 1111111•6110 expressed by the coroner's jury at the in-
quest Mice the ,stMts day, levies hem Wired by exposure to
the emellieetlhe haelser, • lame pew dethlog. Lmlong to Mc
wholeatehllleeeinniteletheeseesie tow that if
lir.Cris War
amid
so on santysu her pplisiellibstmora. honey's
beheifee Ihe issasse, Os ah
lernabees owed; but the peehdie emelamoleelllr. Criges
*OM Is ad ea ark the questkia her atemishoot esateiders-
=e 311111 fir,t real antiallni Ish it aeon dimly
111Grob are biof nob ewe el Shah Do-
ntrb emehltea 11maty. the lielb DeeewhEs. ad=
heelheel leaemeetelakegb•o4l.
• male.lll.=eetied ee Merl to the one oath
the telloelechS7 "pm& of hen amessfir. 'Be &-
Innovate' Nit. kis ewe tilled' Dom was to=
and Wiisisbels War with pees Kale be so
to the ellibibb by Ida ebea, who Yt ts eel am his
eon itismiiihnly sad dbiledoo, that the emobboam boa
geora bobsleds lb sbrateo Looting. home% le Se sespre-
mleameoliii lave Was mode in his .sweet. ma is Ss Web
=the emeller have expressed aim 111 geseeel eon. rhe a
rtmieleme Teltraln hos ataktilse/hr. OW. hot
they moow* that the opawslaes Agile lake, rond swept,
, his resignation.

nie.Csre, 3 6st ; tterbox, 4 pa, 3st 10Ib ; Milliner, 1 yrs, Ast
lulu b; , 3 yrs, 3 1lb; Gloater, yra, 3st 911. ; Regal* 4 )ss,
3st 71b; "Ms Brave hook 3 yrs, Set ; Dab, 3 pa, ist ; Daughter
of the Star, 3 yrs, 30; Moodie., 3 yrs, 3st ; Begin the Ike% 4 44.,
Ost ; Cospess, 3 yrs,Euclid, e., 3 yrs, 4aL 111 the highest weight
accepting is under gst 716, it will be raised to that standard, Ike.

ILatn Etittlllgentt.
EQUITY COURT.—YerrsunsT.
Bed. the Vlce-ChanCellor 01 England.
HAMER V. TR. BLACILBURN. DARWRN, AND BOLTON
RAILWAY COMPANY.—INJUNCTION TO RESTRAIN THE
RAILWAY COMPANY FRO I TARTtNO THEIR LINE: Mr.
Bethell and Mr Hetherington moved fur an injunction se
restrain the Blackburn Railway Company from issuing cr
proceeding upon a warrant to the sheriff of the countrof
Lancaster, or any other person, for assessing the purchase-
money or consideration to be paid for the lands comprised in
a notice delivered to plaintiff by the company ; and that the
defendants might be restrained from entering upon the said
land. It appeared that the company had stated by their
first notice, dated the 19th of February, 1846, that they
would take a certain portion of land belonging to the plain-
tiff, delineated upon the plan; after this, by three in vend
notices, dated in March, June, and August, 1846,
the railway company stated that they would re-
quire certain other portions of the plaintiff's land to meet 1
the intended variation in the defendants,' line. For the 1
plaintiff, it was contended that the railway company had
no power to take any other land than that which they had
set out in their first notice, and had no right to take various
portions of land at successive times. By this scheme a dif-
ferent compensation would have to be paid from that to
which the plaintiff would be entitled if all the requisite land
were taken at one period, and the owner would be compelled
to wait during all the time the railway was in progress,
without being able to ascertain how much of his land would
be required.—Mr. Rolt and Mr. Pole contended that the
railway company were not compelled to take the land upon
lone notice alone, but might from time to time give other
notices for taking whatever land they required under the
powers of their act.
Tho Vice-Chancellor said, he thought the mode in which
the company took the land under the powers of the act
might materially affect the plaint:ff, and he considered that
the defendants must have the line from the first pmperly
defined on which the railway was to be formed. He should,
therefore, grant the injunction.

SUSSEX.
Scieum.—An inquest was held at the Globe Inn, Brigh-
ton, on the body of John Williams, Esq., of the Inner
Temple. Mary Collins said ahe wee servant of the deceased.
and saw the deceased several times on Saturday evening ; be
went to bed about a quarter to twelve, and directed her to
call hiss at nine the next morning. She did so, but no one
answering, and the door being locked on the inside,
she informed her mistress, who sent immediately for
Mr. Burrows. Mr. John C. Burrows deposed, he
hod attended the deceased for twelve months, during
which time he showed symptoms of insanity. About 18
months since he last a favourite daughter, which seemed
deeply to afflict him. About six weeks since he discovered
that he bad been taking laudanum, but not in such quanti-
ties as to cause death. Ou Sunday morning he received a
note from Mrs. Williams, staling that she could not gain
access to her husband's room, nor make him hear. He
broke open the bedr..om-door, and found the deceased lying
on his back in bed, and breathing very heavily. After ap-
plying the usual remedies to the deceased, in a few hours
signs of sensibility began to return. By midnight he was
out of immediate danger. He said he had taken 39 pills,
each containing a quarter of a grain of muriate of morphine.
He gradually sank from exhaustion, and died at eight o'clock
on Tuesday night. Verdict, " Insanity." He has left a
wife and three children.

COURT OF QUEEN'S BENCH.
MITCHELL IP. MOORE.—IS A CONSENT TO ER A PRO-
VIsIONAL COMMITTEEMAN, OTTER IN 1845, TO ER INTER-
PRETED BY THE JURY'S EXPERIENCE OF WHAT WAS
WNDEESTOOD THEREBY IN 1845 ?—Mr. Cockburn, Q.C.,
moved for a rule calling on the defendant to show cause why
the verdict which had passed for him at the sittings in
London after last term, should not be set aside and a new
trial had, on the 7ground of misdirection. The action was
brought to recover:the price of advertisements of a railway of
the provisional committee, of which the defendant was alleged
to have been a member. Lord Denman, who tried the case,
told the jury to say, first, whether the defendant had
authorised the publication of his name as a member of that
eanntittee; and second, what, according to their knowledge
and experience of what was understood at the time when
the defendant so authorised his name to be published, the
autumn of 1845, the defendant had meant thereby. He
submitted that this second question had been wrongly left to
the jury ; that the question of what was the legal meaning
of the defendant's authorising his name to be published as a
member of the provisional committee, was one of law for the
judge, or of mixed law and tect,—and, in either cue, one
that called for an exposition of the law from the judge. At
all events, and supposing the question to have been one for
the jurors only, they ought not to have been called on to
determine it in the absence of any evidence as to what mean-
ing had been generally attached, in the autumn of the year
1045, to such acts as those proved against the defendant.—
The court postponed the decision.
BAIL COURT.
Nun Pairs.
Paturna v. HILL.—Mr. Humfrey and Mr. Lush ap-
peared for the plaintiff The action was brought to
recover 501, on a promissory note. On the note being ten-
dered
in evidence, Mr. Crowder (with whom was Mr. Carring-
ton) for the defence objected toils being received, on the ground
that an alteration had been made in it, three months being
altered to two ; and proposed, before going into the defence,
to all witnesses to show that the alteration bad been made
after the signature, and cited a case in the Exchequer, in
which that course had been pursued, and that it was a
question for the court.
Mr. Justice Erle thought he was bound by that decision,
elthough the point was a novel one to him. Evidence was
then called to contradict the witnesses fur the plaintiff, who
inserted that the alteration was made before the signature.
The plaintiff was nonsuited.

TER FASHIONABLE SWINDLER, F. Selby, was yesterday
tried at the Andover Borough Sessions, and sentenced to six
months' imprisonment and hard labour—the first and last
week in solitary confinement.

UNIVERSITY AND CLERICAL.
°groan, Jut. 14.—This being the first :ay of term, a congregation
was holden, when the folluvrinlr degrees were conferred —Master of
Arts--Rev. M. E. C. Wolcott, Exeter; T. Leslie, Ballot; J. Town-
end, Oriel; Rev. E. Garbett, Boatman ; It Ley, do.; Rev. It. P.
Wood, do. ; leer. J. T. Pigot, do.; H. L. Prior, Trinity ; Rev. 11. 1..
Monset, PAL ot St. John's. Bachelor of Arts—H. Wright, Magdalen
Hall, Grand Compounder; J. W. TAN St. Edmund Hal.
WALVD.—The Dean of Llandall has Just issued a stotement of the
application of the hinds solicited for the restoration of Lbadad ebbe-
deal. The eastern chapel has been completely restored at an expense
of 1,1851. 12s. ; the eastern extremity of the south able, with its tine
window. and open work poropets, is now in program, and is esti-
mated at the coa of under bal. The next proposed alteration is the
restoration of um cbo.r. The present winter is dedicated to this in-
door work, end the existing state of the funds is considered as ade-
quate to the completion of the lower Mory as high se the Italian
cornice ; the blame remaining in the bankers hands is stated at 92.11.,
and attic sums subscribed 1,0001. remained to be called in. Mace the
report was printed, works hare been actively commenced in
the choir at its eastern end. A noble Norman arch
of Bishop Urban's work has been opened out, command-
ing a striking perspective into the eastern chapel ; the
mouldings of this arch are very interesting, and in the most perfect
preservation. Beneath this a very beautiful screen of Bishop Mar-
shall's work, A.D. 1140, has been exposed. A beulchral moss, In
which the capitals of the side-shafts are most benutiMly executed, in
the style of IVO, Is likewise now again disclosed to view in the birth.
east wall of tae choir. The Arehb. of Canterbury her Just transmitted
• donation of MN. to this desirable work; also the Bp. of Bangor, SOL
and lately the Bp. of St. Amnia 501.
W sivitomr-tho.—J. Wakefield, Esq., of Kendal, bas offered to con-
tribute Sub. towards the erection of a vicarage-home in that town, if
Trinity College, which has the presentation at the Living, will add
another 1001. for the raw pupae.
PDANNIUDDATS AND ANPOINTIII.II.—The Rev. O. T. Hodson, M.A.,
to Newman R., with Martin 8., Comw., db. Exeter ; value, 8201-,
with residence. Patron, Rev. G.Trevelyna. Wean, by the death of
Bay. 11. Mann. I The 800- and Rev. F. Sylvester Grimston to CAD.-
Wake R. Emex, din. Hoch. ; value 4581., with nithience. Patron, the
E. of VtilliAM. Vacant by death of Rey. Winstardey. Rev. J. P.
Aback, to (broad I". C., Kmt, 2381. Rev. F. Cookson, to Witty v.
Horsham C., Norfolk. Rev. R. IL Deane, to St. Paul's C., Shetheld.
Rev. 11. Dolmen, to Bartow!, C , Soarer. Rev. A. W. Gatlin, to All
Sainte' C., Lynn, Norfolk. Rev. T. Edwardes, to Brougham R., West-
moreland, din. Carlisle, value 1101., patron E. of Thenet. Rev. W. Ir.
Elliott, to Christchurch C., Bolton, Westmoreland. Rev. W. S.
Enna, to St. David's Assist. C., Exeter. Rev. J. A. Bombard, to
Rroadwater C., Snares. Rev. M. Hathaway, to Moorfields P. C. Shef-
field. Rev. 0. r. Holland, to Cockeringtou St. Izonsrd V., Lincoln,
11131. Rey. P. O. Hughey, to Christchurch C., St. Clement, Norwich.
Rev. R. P. Heitchbon, to St. Mary Assist. C., Islington. Ree.W. F. J.
Kaye, to 'Unbolt* It., Lincoln. Rev. F. Laurent, to Saleby V., Lb-
oonshire, 22;1. Bev F. P. E. Lusoombe, to &ham-Toney C. Norfolk.
Rev. R. C. Mud, to Thelreton e. Osmondistone C. Norfolk. Rev.
B. E. Metcalfe, to Gate Ilebmsley V., Yorkshire, 1141. Rev. W. Mat-
son, to Hodithorpe V., Lincothshire, 9.51. Rev. It. Neale, to Stain-
barn, P. G,Yorkshlre, Mil. Rev U. Sandford, to Eldon P. C., Sbefileid.
Rm. R. Scott, to Cromwell V., Lincolnshire, 199 L Rev. V. Shortland,
to the Archdeaconry of Madras. Rev. J. P. Sill, to Westhorpe C.,
Suffolk. Rev. J. Stewart, to Benball C., Suffolk. Rex. J. B. Sweet,
to St. Stephen P. C., Woodville, Lekeetenthire. Rev. J. Teague, to
boa surrogate, dim Lkhteld. Rev. J. White, to Melton Ross P. C.,

COURT OF EXCHEQUER.
sittings in Banco.
GOLOICUTT O. BIAOIN.—BREACH OF PROIII9I OF MAR-
IIIAOE.—EXTEA-JODICIAL ORDEUVATIONS BY A JVDO/I.
CAUSE FOK A tease TRIAL.—This cause, which was twice
tried before the Lord Chief Baron, created some sensation
during the recent sittings at Guildhall. Mr. Cockburn,
Q.C., having declined to proceed with the defendant's case
before the jury then about to be empanelled, upon the
ground that he apprehended their minds were prejudiced
against his client, in consequence of certain observations
made by the learned judge. in their hearing, before the case
wag called on. Upon the first trial a verdict passed for the
laintiff for 3001. damages, which, by the last verdict, were
increased to 4001.
Mr. Cockburn now moved, upon affidavits, for • rule to
set aside that verdict, and for a new trial. The action, which
was for breach of promise of marriage, was tried twice. The
role tor the second trial was granted upon the ground that
the defendant had been surprised by the course pursued by
thr plaintiff at the first trial, and had no opportunity to exa-
mine witnesses who were prepared to contradict the case
tnen made. It appeared that the plaintiff was governess in
the employment of a Mr. Plympton, a gentleman connected
with the Stock Exchange. The defendant was also con-
nected with the Stock Exchange, and, from having had cer-
tain dealings with Mr. Plympton, he bad opportunities of
forming the plaintiff's acquaintance. The result was the
defendant became enamoured of her, and in a abort
time he was received at Mr. Plympton's as her accepted
lover. It was arranged that they were to have been mar-
ried in September, 1845, and with that view the defendant
took a house in which be and his bride were to have lived.
On the 26th of August a conversation took place at Mr.
Plymptom's house between the plaintiff and the defendant,
relative to the circumstances of the latter; the result of
which was, that a difference of opinion arose between them
and they separated, unhappily with very different feelings
for each other than them with which they had that day. met.
The plaintiff expressed her disappointment at the description
given by the defendant as to the extent of his means, and
thence the quarrel arose. Next day Mr. Plympton and the
defendant had a conversation upon this subject on the Stock
Exchange; according to Plympton's representation (which
the defendant denied) he understood from the defendant
that he did not mean to fulfil his promise to the plaintiff,
and in the course of the ensuing day an interview took place
between the plaintiff's father and the defendant at the
house of the brother-in-law of the latter. Mr.
Goldieutt deposed that the defendant said he con-
sidered his engagement to the plaintiff at an end,
and would not Mill it. The learned counsel then pro-
ceeded to detail the facts which led to the complete estrange-
ment of the rties' feelings, and to the abrupt adoption of
legal proeeedinp, which were commenced on the 6th of
September, to enforce the plaintiff's alleged
.right to com-
pensation. The defendant, so far from saying what was
alleged on the other side, was prepared to contradict every
word of it. He offered to marry the plaintiff, even at the
trial, and she had since made an affidavit, stating that she
would have nothing whatever to do with him. and would
not marry him, even though he might ho willing to do so.
The role for a second trial was granted, to enable the
defendant to examine his witnesses; and the case was, under
those circumstances, to come on for trial at Guildhall during
the last sittings. It appeared by an affidavit, prepared by a
clerk of the defendant's attorney (who, unfortunately, was
found dead in his bed a few mornings ago), that, on the 17th
of December, shortly before the rising of the court at Guild-
hall, the Lord Chief Baron ;inquired of him (Mr. Cock-
burn), whether this case was to be tried, intimating that no
good could come of it, and that the court had granted
the rule, under the Impression that the parties would in the
interval come together and be reconciled. (The learned gen-
tleman then read the affidavit which represented the
dialogue adverted to alnicet in the very terms in which it
was reported in the morning journals of the 19th of Dec.
last.) The result was that the learned judge havingatatcd
in the presence of the jury who were to try the issue, that the
defendant had no chance Of success, and that it would be
" insanity " to call witnesses on his behalf, Mr. Cockburn
said he protested against the use of such expressions corning
from the learned judge in the presence and hearing of the
jury who were to try the cause, and then withdrew from
the conduct of the cause, suffering the defendant to be un-
represented by counsel, and none of his witnemes were exa-
mined. There was no difference in principle, continued the
learned gentleman, between the administration of justice in
civil and criminal eases; and what would be thought
of a judge who, when a prisoner was called on to
answer a charge, addressed the counsel by whom
SPORTING. that prisoner was represented, and, in the presence
TATTEREALLIA—Tuesadr. and hearing of the jury, openly said he knew the can about
Decidedly the dullest afternoon slam the Houghton Meet cog ;asto be relied on—he had read the affidavits—he knew the
therefore, Is neeesery for confining our report to the " bud. defence, and it would be downright " insanity" to call wit-
ness ^ names in such a case ?
Cinenta Cur. The Lord Chief Baron That remark was made, not upon
Offers to take 50
1,000 to tO slat Mr I
each about N. B. Green's The lamb (taken).ewoourt and Pa= the merits of your case, but with reference to all actions of
to
NOTrItAIIIDT HANDICAP. this description.—Mr. Cockburn: After the expressions used:
Offers to give l Mond e 20 met the field. by the learned jadge, for whom, personally, I have the most
200 was laid ony between 20 and the field ; the names of the profound respect, I considered it my duty to withdraw from
home did not Vampire. the conduct of the ease.-
Dm, The Lord Chief Baron: I had quite made up my mind
400 to 10 opt, Molloy It) DON to 'a ant Commit 10
KO —lO Cbriespbrr 111000 —lO Osesiss it) that you would object to my trying the case, and if you had
ONO —lO Yeafretik done so I determined to postpone it till next day, and oak
Os DIT.-71at Mr/number V likely to go into Chiftiery'e stable.
Mr. Hargreaves horses, under the cared J. Annstn ng, arrived°. one of my learned brothers to try it for me. I have no doubt
Wedneeday at Newmarket, where they will in future be trained. that the observational made were understood to be addressed
17fTELLIGENCE EXTRA.—BATH MEETING, 1517. to the bar only, and that, practically speaking, they had no
Marotta, ma Ten flommenurnm Brans.—Alarm, 3 yrtt, 9st 51b; effect whatever upon the minds of the jury.—Mr. Cockburn:
:7,l6rt;s 415; 71:1111;. G3,42.,°1 g",kBX t tee
Hero,
quee Emanating from your lordship, they must naturally haws
of Tyne, ogee, eat
21b ; Red Rover, 6 yrs, let; Lord &noun, 11a4 a very great effect upon them. .
let lion; Emmeline 4 yrs. 74 lelb ; WICs-csW, 4 yrs, yst 1.10; iv. The Loixt Chief Baron : Whatever might have beat lie
fraction, 5 yrs, Tat Mb .6.ltwailElls, 3 yrs, yet Mb ; the Crown Prince, indiscretion of saying publicly what I have said reaped*"
4 yrs, let 7lb ; Mount 4 yr. 74 61b ; Chamois, 4 yrs, RV Mb; this ease I intended to do nothing more than to give a
Chevesusdr-Yrise, yrs, at ; Planned, 4 yrs, 7st 4113; Ain; niece of pi' rsonal advice to the bar.—Mr. Coekbunt : But I
.mod, 7st 415; eheraton, 4 yrs, Tat 31b ; Duke of Richmond, 4 yrs, -
would, with great• deference,.
suggest, *my lord, that per.-
Tit x 10; Clumsy, 5 yrs, 7st 21b; Roderick, aged, hit 210; Dexterous,
4 yrs, yet lib ; Giantess, 5 yes, rat lib; Pal, 1 yrs, Ist; Dictatorrs, lona advice to members of the bar ought to be given in pr.'.
let ; Humdrum, 4 yrs, 7st; New Forest Deer (b b), e yrs, at, aged; vale and not in public. My client none of his witnesses
Remorse, 3 yls, eft 12Th; Mks Bunt% aged, net 12Ib ; What, aged, examined.
estlllb; eir Simon, 4yre, est 11Ib ; Betio. 4 yrs, est Illb ; YomMele, Mr. Baron Alderson : Why did you not good-htunouredly
yes, eat 101 b; Morocco, 4 yr. set IMb ; Woodpecker, 4 yrs, Get 10lb ; ask the learned judge whether he meant to pronounce any
Banana, 4 yr. eft leib Magnet, 5 yrs, Got 91d; Old George, 6
yrs, est sib; o(:ssnersObretun, 4 yrs, fat 9lb ; Forthire Candle, 4 rrs, opinion upon themerits • of the defendant's case, instead of
est Mb; kick, 4 yrn lot deb; roger, 5r% est nb; Anisibie, 3 retiring as you did ?—Mr. Cockburn I could not tell what
yrs, est elb ; ftsoot Bock, ps, est Glb; 4 yrs, 6st ; was passing In hit lordship's mind.
replier, 4 yrs, let; Mks Shirley, 4 yrs, Ceti Hues yrs, Elst; Devil- The Lord Chief Baron: I distinctly state that I did not in

THE EXPRESS, FRIDAY EVENING, JANUARY 15, 1847.

the slightest degree give any opinion upon the merits of
the cue. I might have expressed myself sou to mislead,
but I again assert positively that I intended to say nothing
upon the general merits—Mr. Cockburn : This is a very
important case, and one altogether without precedent. I
submit the question is not what his lordship's intentions
were, but what was the natural tendency and effect of his
observations, and the impressions they were likely to make
upon the minds of the jury. No one acquainted with his
lordship's character would for a moment suppose that lie
would intentionally prejudice the defendant's case, or the
case of any other suitor in this court; but the affidavits
upon which the present motion was founded, stated that
what his lordship had said produced an effect on the minds
of the jury most prejudicial to the defendant.
Mr. Baron Alderson : I think you should have waited,
and proceeded with the trial of the cane ; and then, if you
did not see that a sufficient and proper reparation had been
made by the learned judge for what he had said, you might
very fairly come to this court.—Mr. Cockburn: If I did
that, andithe verdict prayed unfavourable to my client,:l
am sure I would be met at the outset with the observation
that I had no right to have the double chance,—first, of the
verdict and then by applying for another trial. The learned
counsel proceeded to comment upon the disadvantage* likely
to arise from the practice of judges publicly expressing
opinions prejudging cues to be tried before them.
Tne Lord Chief Baron said it did not follow because be
happened to have committed an indiscretion that it should
becomes " practice." So far from having any opinion pre-
judicial to the defendant, if there was any want of equilibrium,
his inclination was altogether the other way.
Mr. Baron Parke (add:ening Mr. Cockburn) : Could you
not call upon the learned judge to state whether he intended
to make any observations to prejudice the defendant in the
minds of the jury;?
The Lord Chief Baron: I may answer that question by
stating that there was no neceasity'to put such i'question ; for
I did say that I did not mean to prejudice the defendant's
cue, or to *ay anythi.l whatever as to it merits. lam
sorry I said anything at all calculated to give rise to this
discussion, but, in the whole scope, my remarks were ad-
dressed to the bar.—Mr. Cockburn: These affidavits state
that six or eight of the jurors were present in court at the
conversation, and one of them stated that they had paid
little or no attention to your lordship's summing up, in con-
sequence of what your lordship had said at the outset of the
case. It was clear that the expression, "It would be in-
sanity to call witnesses," was addressed to the merits of the
came, and was so calculated to prejudice the defendant, that
he was entitled to a new trial. If the present application
was refused, the most dangerous consequences might ensue,
and it would ga forth that a judge might make any extra-
judicial statements he pleased, before even a trial was even
properly before him, and that the suitor who was injured
and affected by it should hare no redress.
Mr. Baron Parke: But it may go forth also, that the
slightest remark a judge might make as to a cause before
trial, might be made the grounds for an application of this
sort. I think the observations which are made the grounds
of this motion have not had the least effect. on the jury, and
even one of them said so openly in court.—Mr. Cockburn
submitted that the very manner and language of the juror
alluded to strengthened the grounds hid for this applica-
tion, and proved that there was a miscarriage of justice
without any default on the part of the defendant.—After a
abort conference between the learned judges.
Mr. Baron Parke asked whether the affidavits upon which
the learned counsel moved stated that there were witnesses
in court for the defendant, and that it was the intention of
hi. professional advisers to call and examine them.—Mr.
Cockburn answered in the affirmative.
The Lord Chief Baron said, as that was so, the rule to
show cause would be granted. For his own part, he was
most anxious that justice should be fully done. Ilia lordship
subsequently intimated that, in the event of the rule for
new trial being made abtolute, he should not try the cause
again. Mr. Cockburn stated ho had not the most remote
objections to the learned judge trying the ease. The rule
to show cause wu then granted.