The Sun.
London, England, 1836-01-19 00:00:00

ROLLS' COURT.-(THIS DAY.)

The new Master of the Rolls (the Right Hon.- Henry
Bickersteth) took his seat to-day for the first time, after
having been sworn into office before the Lord Chancellor in
his private room. We never remember on any previous oc-
casion to have seen the Court so crowded. His Honour
looked exceedingly well, and on taking his seat bowed grace-
fully to the bar, to whom his appointment seems to have
given the greatest satisfaction. Mr. Kindersley intends prac-
tising solely in this Court, and we have no doubt that his
great talents will ensure him the practice which the present
Master of the Rolls hitherto had. Mr. Wigram intends to
confine himself to the Lord and Vice-Chancellor's Courts.

VICE-CHANCERY---(THIS DAY.) -

His Horton took causes to-day, none of which possessed any
lublic interest.

KING'S BENCH.-(THIS DAY.)

Mr. Justice LITTLEDALE sat this morning for the purpose
of swearing in the two grand juries. After they had been
sworn, the Learned Judge briefly addressed them upon the
nature of the important duties they were called upon to per-
form. There were two descriptions of offences upon which
he thought it right to make a few observations. One was that
of conspiracy, charges for which had become much more
frequent of late years. To constitute that offence, it was
not necessary that all the persons charged should be proved
to have met and concerted together—it was sufficient if the
evidence established the fact, that there was such a union of
purpose among them as would constitute such a charge. The
other point to which he would direct their attention, was that of
indictments for perjury. As the law stood, the oath of one
man was considered as good as that of another; and it re-
quired either two oaths on the part of the prosecution, or such
documentary or other evidence in corroboration of one oath,
as should satisfy the jury before they would find the bills.
The Grand Juries then retired.

EXCHEQUER COURT.-(THIS DAY.)

MORE V. ARCHER.

Mr. WniTEtiousE shewed cause against a rule calling on the
plaintiff to show cause why the award of the arbitration should
not be referred back to him on the ground of fresh evidence
having been discovered since it was made. The Learned
Gentleman had never heard of such an application, and if it
was granted it would open the door to much subornation of
perjury, and a cause would be endless. The plaintiff had a
tenant named Lee, who was indebted to him in the sum of
5301., for which he distrained. The defendant, Archer, be-
came security for the sum, and the distrain was taken off. The
question in the cause was whether the defendant had had au-
thority from the plaintiff's Attorney to pay the money or part
of it into the Bank, at Ashby de la Zouch, which failed, and
the money was lost. At the reference, the defendant called
evidence fixing such authority as having been given on a par-
ticular day, and Mr. Duce, the plaintiff's Attorney, remem-
bering that on the day named he was at some place where
another Attorney of the same town knew he was, he sent for
him, and without any previous examination Mr. Duce called
him as his witness. That surely was the best manner in which
to ascertain the truth.

Mr. Baron ALDERSON—It certainly would be the way to get
honest evidence, but it might lead to much inaccuracy. He
believed the rule might be laid down—that the more an honest
man thought, and the less a rogue thought, the better.
Mr. WHITEHOUSE said it was so no doubt, but they did not
know how it was in the , present case, but at all events the
person so called answered the plaintiff's questions in the nega-
tive. The rule was moved last Term, but so late that it was
impossible to show cause, and certain parties in the country
had been very busy in setting rumours afloat that the Court
had, granted a rule, and had pronounced Mr. Duce guilty of
perjury. He was instructed to say that the plaintiff had not
the slightest objection to have the matter fully enquired into ;
and he was further instructed oh the part of Mr. Duce to
leave the matter in the hands of the Court, and insist upon
no terms.

The COURT said his conduct was most praiseworthy, and
did him great credit; they were of opinion that the award
should be referred back to the arbitrator, the defendant pay-
ing the costs of the new reference, the costs of that applica-
tion, and to be bound to attend on the first appointment.
Mr. HUMFREY, who appeared for the defendant, denied on
his part that he intended for a moment to cast the slightest im-
putation on the conduct of Mr. Duce—he had • carefully
avoided it—and he was ready to agree to all the terms imposed
on him by the Court.—Rule granted.