The Sun.
London, England, 1849-11-09 00:00:00

LAW INTELLIGENCE.

QUEEN'S BENCH.-(THIS DAY.)
(Sittings in Banco.)
ZWit LAIIT HARWICH ELECTION.—BAKER V. RUSK.
•D 4 his case was tried at Chelmsford during the last
X zes, before Mr. Baron Alderson. It was a qui
tameaction to recover 500/. from the defendants under
re Act with respect to bribery and corruption, he
"'jug, it was alleged, bribed one Saxby, in order that he
secure his vote for Mr. Attwo9d. Tho declaration,
RS4PPeared, was objected to as being defective, inasmuch
in the course of the proceeding it was proved that a
Protuise had been made to redeem the vote of Saxby,
ftild to pay all expenses incidental to certain legal pro-
!eedings taken against him by the person to Atom he
pro-
bad pledged his vote for a mortgage on account of a debt,
Whereas the declaration omitted the latter point, and Mr.
Baron Alderson having refused to amend, saying, since
the recent Act he had not found any such emendations
In a legal proceeding, and holding the omission fatal to
the case of the plaintiff, a verdict was returned for the
defendant.

Mr. M. CHAMBERS now moved for a rule to show
cause why a new trial should be had, on the ground that
the Judge had improperly refused to amend, and because
the omission of the allusion to the payment of the ex-
penses was not a material fact, and ought not to have
Prejudiced the case of the plaintiff. A Mr. Hales had
,Posiession of the vote fur a Mr. Griae, and Mr.
Ittisk, Mr. Attwood's clerk, offered to pay 411., by
toonthly instalments. 101. was paid on account of it.
O defendant pledging himself to pay the balance,
,th
51., and Saxby voted for Mr. Attwood. The letters
written by Mr. Rusk to Hales contained such expres-
sions as these:—" It would be a sad pity if the vote is
lost, as it is worth double the amount of that debt. If
Ou Can do anything to redeem his vote, it would enable
Itu to turn it w good account." The redemption of the
,1"°to was not, however, completed, for the election was
"18PUted, and Mr. ,Attwood unseated. Saxby was
summoned before a Committee of the House. of
the
but Rusk having got possession of
ina sureties connected with the vote Saxby was placed
114 the same position as if he bad not been bribed. He,
contended
stated the whole facts at the trial. Now, he
contended, on the face of several cases which he cited,
!Nit so long as the real offence was set forth in a decla-
mienn it was sufficient, and the point omitted not being
material point, the plaintiff ought not to have been
rdamnified. He contended that all that was essential was
toved. It was sufficient to prove that there was a
bother
to pay money, and it was quite immaterial
tiether it was promised to be paid by instalments, or
Ithether it was on -account of nioney due to one or seve•
Mlral persons, or on account of a debt or seizure. Lord
ansfield said the material fact in penal proceedings
must
be proved, and that all circumstances which dui
- ,°t vary the offence were out of the case. Ile called the
%tention of the Court ti the great injustice, hardship,
6P! of time, and needless litigation that would result it
"„OPposite doctrine %sere laid down by the Judges.
The COURT took time to consider the question.

BAIL COURT.—(THIS DAY.)
(Before afr. Justice PATTEsoN
OSBERN V. BIRMINGHAM AND OXFORD RAILWAY.
Sir FREDERICR THESIGER was instructed to move for
mandamus directed to the Birmingham and Oxford
ih ulletion Railway Company, commanding them to issue
their warrant to the Sheriff of Warwickshire to summcn
hitir
~Y for the purpose of assessing the compensation due
a°Osbern in respect of certain house and premises
1' street, Birmingham, which they had given him
'lce Would be required for the purposes of their Act.