The Sun.
London, England, 1859-11-23 00:00:00

THE BRIBERY INQUIRY AT NORWICH

NORWICH, Nov. 22.
The magistrates assembled this morning for the
purpose of proceeding with the charge preferred
against Mr. A. J. Collins of conspiring, with Mr. H.
Croxford and others, to corrupt Mr. Joel Fox, a
member of the Town Council, by offering. him £5OO
to vote for eight Tory aldermen on the 9th inst.
Mr. Power, Q.C., appeared for the prosecution,
and Mr. Sergeant Ballantine for the defence.
The inquiry appeared to excite undiminished in-
terest.
At the outset of the proceedings,
Mr. Sergeant Ballantine said—l have an appli-
cation to make to the bench, and I make it under
the impression that it is extremely desirable that it
should be acceded to, although of course I must
leave the matter entirely in your hands. You are
aware that other informations have been laid against
different persons, in addition to those which were
laid when I was before you last. Summonses, I
ind.erstand, have also been granted. I hardly know
who the parties are, but they are on the opposite
side of politics. lam instructed in the whole of
-these cases, and I certainly came down with the im-
pression that the summonses against the Messrs.
Wilde and others would have been heard to-day at
the conclusion of the present case. I understand
that some application was made yesterday to the
bench. I scarcely know the exact purport of it, but
the result was, that the summonses in relation to
all the other parties have been adjourned, and I
am told that the adjournment is to Dec. 8. Now,
I should be very glad if the bench could allow, con-
sistently with their public duty, that the case of
Collins should follow the same course as the other two
cases, and should also be adjourned till that day.
There can be no very serious inconvenience, because
it matters are to be gone into at all, the time of the
magistrates would not be further taken up, as
Collins's case, as you know, is substantially con-
cluded, whatever determination may be arrived
at. You are also aware that very grave matters
of law arose on the last occasion, and that very
eminent counsel have been consulted on all sides.
Of course I cannot advise a witness what to do, or
what course to pursue ; it is his duty to obtain in-
struction and advice from other quarters, and I have
no doubt that every one concerned in this matter
have taken the very best opinion he was able as to
the course which he should adopt. This, however,
can only have been done hastily and recentlT, and,
considering the nature of the case—considering the
interest which it excites, and the important charac-
ter of the proceedings—considering, also, that a
delay till the Bth December will not afect the
period when this matter will be tried, seeing that
the judges at the ensuing winter assizes will have
no jurisdiction, as the assize is simply for the de-
livery of the gaol, and will not be applicable to bail
cases, I venture to ask that this case should be ad-
journed to the day to whicls, the others were ad-
journed without my knowledge and sanction. I
cannot help thinking that no harm will be done to
anybody, but that, on the contrary, much benefit
will arise from the postponement, as it will give
every man time to reflect.
Mr. Power—l am. sorry lam obliged to oppose
the application of my friend with reference to the
cases to which he has alluded, in which there were
cross summonses. My learned friend urges that it
will be a convenient course that, as some cases are
postponed till the Bth of December, they should all
come on on that day, but this case is so perfectly
distinct from the others as to have no relation to
the matters out of which they arise—that is, the
general election. This case arises altogether upon
a distinct matter, and has reference to the late
municipal election. Again, I cannot see what good
can arise from postponement. Let me direct the
attention of the Bench to the position in which the
-matter stood upon the last occasion. Upon that
occasion two of the principal witnesses, on the
part of the prosecution, declined to answer cer-
tain questions, on the ground that those ques-
tions had a tendency to criminate them, or, to
use their own language, on the ground that
the effect might be that they would be impli-
cated in the transaction, Now, as I understand
it, the feeling of the magistrates was that it
would be well to take a higher opinion as to
whether this Bench was not bound to commit
those witnesses. I understood the feeling of this
Court was that the highest opinion possible should
be taken in reference to the matter, and that the ma-
gistrates felt bound to take the opinion of the law
officers of the Crown. Whether that has been done,
and whether that opinion has been received, I don't
know ; but, if so, the course proper to be taken is
for the magistrates, having received instruction as
to the law, to act upon it. I must protest against
this case being mixed up with others with which it
has no connexion. Those cases in which there have
been cross summonses relate to elections for mem-
bers of Parliament, but this relates only to an at-
tempt to bribe a town councillor in reference to his
vote. Should it be the opinion of the magistrates
that the law, under the circumstances, ought to be
carried into effect, and that those witnesses or either
of them should be committed for refusing to answer
a question, I have not the least wish to aggravate
the'circumstances under which the committal may
take place ; and I should be happy to accede to any
suggestion that the opinion of the Court of Queen's
Bench should be taken as to whether that commit-
tal, in point of law, should stand. We have no
wish to press hardly upon any one here but we
have felt that we have a public duty to discharge,
and we must not allow any proceedings which'
would have the effect of impeding the operations of
justice in this case.
Mr. Sergeant Ballantine—l shall not go into the
question of what the decision of the Bench may be
on the matter, far I think when that decision is known
it will be quite time to consider it and to act upon
it. I do not anticipate at all what my learned
friend seems to have anticipated, nor hare I made
the application with that view. I have made it
simply because I believe it would be for the advan-
tage and convenience of all parties that these mats
ters should be decided together, and also because,
in my absence, the case which I should have pro-
secuted to-day has been postponed. It is quite true
that the cases are not of the same nature, but, as
everybody knows, these cases are very much mixed
up together; and I venture to ask, on the pact
of my client, for a postponement, which, at any
rate, can do no harm to any person. One mat-
ter, which will not, I am sure, have been forgotten,
is the extreme haste with which the case was
gone into at first. There was an absence of any
time for preparation, and from the beginning to the
end the matter has been very hastily proceeded
with. I for one should be glad of time to consider
the ma:ter, and I think it would not affect the ends
of justice at all if the case were postponed till the
Bth of December. I believe the postponement will
not interfere with any subsequent investigation,
for, as I said before, that investigation cannot take
place till the spring, whether the preliminary in-
quiry be completed now or a fortnight hence. The
application, coming from a person who stands in
the light of a defendant, and who has had very
little time to consider the course to adopt, comes, it
is true, rather as a matter of indulgence to be con-
ceded by the bench, but I think that it may, with.
out violating any principle, be fairly granted. We
have not put this request on any legal right, but as
a matter of indulgence. There are many parties
involved in the inquiry who ought, I think, to have
the indulgence, and I believe the bench will not be
sorry to give an opportunity
The .Mayor— The adjournment, you will reinern•
ber, was made at the instance of the magistrates
for a special purpose.

Mr.Sern'e-ant Ballantine—l am quite aware of
that, and I not say that I have any legal ground
on which to make my application; but, before you
retire, allow me to say that if this case is proceeded
with to-day I shall apply to have the other case—
that againA the Messrs. Wilde and others—stand.
in its order, and ask that what has been done in
my absence may not be persisted in.
The magistrates retired to consult in private. On
their return, at the expiration of half an hour,
The Mayor said--tie magistrates, considering
that this is a criminal case, and not seeing that the
ends of justice will be frustrated by the indulgence
asked on the part of the defendant, are of opinion
that the postponement solicited should be allowed.
Mr. Power—Till when, sir
The Mayer—Till the Bth of December.
Opinions vary as to whether the ease, together
with the summonses referring to Parliaentar
matters, will really bo proceeded with on tmhe day named. The general impression seems to be that