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

BEAGIN.

In this case, which was tried before the Lord Chief
Baron at Guildhall, a verdict had been returned for 4001.
damages. Mr. Cockburn, who appeared for the defenth.,
having retired before the cause was called on, alleging as
his reason for so doing that the Lord Chief Baron had,
before the trial, in the hearing of the jury who were to
try the action, made use of observations so calculated to
prejudice their minds, that to have a fair trial was im-
possible.
Mr. COCKBURN now moved for a new trial, en the
ground of miscarriage of justice, arising from the ex-
pressions made use of by the Learned Judge. Common
sense would tell any person that when a judge, ap-
pointed, as in the present case, to try the cause said, in
the hearing of the jury, " I have read your affidavits
upon which you obtained your new trial, and I am
clearly of opinion that it would be downright insanity to
attempt to call evidence," the effect would be most pre-
judicial. Besides those affidavits, the defendant was
prepared to call fresh witnesses, which he firmly be-
lieved, had he been allowed fairly to have done, would
have been sufficient to have obtained a verdict for his
client.

Mr. Baron ALDERSON—Why not have stated that?
Mr. COCKBURN—Under the circumstances of the case,
I could not, in justice to the interests of my client, have
proceeded with the trial. There were but two courses
open for me, either to proceed with my case or to with-
draw at once.

Mr. Baron PARKE—There was a third course open for
you—to call upon his Lordship to explain whether what
he said referred to the merits of the case or to the-mo-de
of conducting it.
The LORD-CHIEF BARON -I beg most distinctly to
state that there was no necessity for the Learned
Counsel to.,eve adopted that course, for I stated dis-
tinctly that"what I said had not -the slightest refereuce
to the merits of the case.

Mr. ComtnunN—With great submission, my Lord,
the question is not what were the intentions of your
Lordship, but what were the effects it would be likely to
produce in the minds of the jury who were to try the
case.

LORD CHIEF BARON—I stated that for the purpose o:

setting myself right with the Court.
Mr.COCKBLIEN—I am sure it would not for a moment
'enter into the minds of any member of the bar, that
your Lordship wished to do anything but what would
justice.
LORD the furtherance of the ends of
LORD CHIEF BARON—Nobody knows better than
yourself, Mr. Cockburn, that the words I made use of
had no reference to the merits of the cause ; they re-
ferred only to the inconvenience of calling witnesses in
such cases as the present.
Mr. COCKBURN—StiII, my Lord, I must look to the
natural effects of your Lordship's observations.
LORD CHIEF BARON—What I said, although it might
be an act of indiscretion, which I admit it was, was
said only to the counsel, and could only be understood
by a mernber of the bar, and could not have the least
effect upon the minds of the jury.
Mr. Baron PLATT—I should have been most happy if;
when I was at the bar, the Learned Judge had given me
his opinion before proceeding with the case.
Mr. COCKBURN—But then, my Lord, everybody is not
possessed of the same high mental courage and endow-
ments, combined with such extensive legal acquirements,
supported by such an universal opinion of your Lord-
ship's talents, and successful application of abilities, as
your Lordship is. We, the members of the bar, may be
the humble imitators of your Lordship', but at an immea-
surable distance from you.

Mr. Baron ALDERSZN—Do you intend that for irony?
Mr. COCKRURN—I speak the genuine feelings of my
heart, and of the bar, when .I humbly attempt to give
expression to the general opinion as to the uniform suc-
cess of his Lordship while at the bar.
Mr. Byron PARKE—Is there any precedent for such a
course as you arc now adopting ?
Mr. COCKBURN—None that I know of, my Lord.
Mr. Baron PARKE—I think it would be highly incon-
venient to establish such a precedent, or take away
from the judge the discretion of giving expression to his
feelings while the case is being proceeded with.
Mr. COCKBURN—On the other hand, my Lord, it
would be a matter of very grave importance to allow the
judge to prejudice any case that may be brought before
him.

Mr. Baron PARKE—Do your affidavits state that you
had witnesses in court ready to be called ?
Mr. COaKRURN—They do, my Lord.
The LORD CHIEF BARON—Then with my entire and
cordial approbation you may take a rule for a new trial
upon terms, with respect to the costs, to be hereafter
determined by the Court.— Rule granted.