The Sun.
London, England, 1857-07-27 00:00:00

ftba Mr. iluddloatosr, Q.a, and 'Afv. rowan, d2i
fended the prisoner.
•

The circumstances of ihis case and the mode in
which it wai treated by the learned judge were out
of the ordinary course.

Pariah bad been in tie habit of going about from
fair to fair' and selecting yeasts at such places and
giving information to the various butchers, with
the view to their purchasing them. On the 18th
inst. Coxon and Curnock, butchers of Bitmiughgn,
the prosecutors, agreed to go to Oakham fair and
divide it—that is to say, all the beasts they bought
at that fair should become common property, and a
partnership should exist as to the cattle so pur-
chased. Parish was anxious to go to Oakharn, and
borrowed 10s. from Coxon to enable him to lay his
fare. At the fair Parish saw 11 of 12 beas's, which
he recommended to Coxon, and which were after-
wards bought by h'm. C .xon and Cornook pur-
chased in the whole 36 beaws, 27 of which t'ley
sent by the railway to Wolverhampton. Coxon
then went ti Leico;ter with Parish, and while
there it was agre-d that they should go to Melton
market, but when Coxon was ready Parish
made EOl/0 excuse, altered the marks on twelve
of the beasts, and started off for Wolver-
hampton. He then took the twelve blasts out of
the field in which they were lying, and drove them
to Dudley, sold t'lem all at an under price, and
when taken into custody he was a-3ked what money
he had in his possession, and he denied having more
than half-a-crown. On being searched, 1121., the
produce of the sale of the bean s, was found upon
him.

Mr. Huddleston, for the defence, contended that
there was a partnership existing between the pri-
soner and Coxon, and that whatever he did was in.
assertion of a right. He proceeied to c 11l witnesses
with a view to prove a partnership between the
prisoner and Coxon.

- Mr. M‘Mihon replied, and commenced by stat-
ing that if he felt the facts of the ca-e did not war-
rant him in pressing the jury f T a conviction, he
should deem it his duty at once to retire from the
case.

Baron Bramwell—Then you Would do wrong. I
should deem it your duty—and I hold it to be the
duty of every member of the har—to try to prove,
if requisite, that black is white • that he is hound,
where any comment is capable Of being made upon
the evidence, to make such comment fearlessly and
without reference to his own conviction.
Mr. M‘Mahon—My lord, I should deem it my
duty to withdraw from a prosecution if I saw there
was no evidence.

Baron Bramwell—No doubt that is proceeding
on a very high principle, for which Mr. McMahon
is noted ; and he may be right, or he may ha wrong%
He may have studied the subject more than I have,
although I have given the greatest attention to the
question under discussion of late ; and I must ad
mit that the greatest ornaments of the bar who are
now upon the bench have carried out the principle
I have now stated to the fullest extent ; for what
injury can be done in starting a proposition that
cannot carry conviction ; whereas, if a subject is
open to doubt, it is also open to argument.
Mr. McMahon—My lord, I still think that I am
right ; but I submit respectfully to your lordship's
rule, and bow to it.
Baron Bramwell then made some lengthy com-
ments on the duty of the bar in respect to the
particular course he had alluded to.
His lordship afterwards summed up, his observa-
iions going decidedly adverse to the prisoner. Ia
one part of his address to the jury, however, be
requested them to acquit the prisoner in the event
of their believing that he had acted in the assertion
of his right ; yet, while the jury were deliberating
in retirement, he ordered them to return into court,
and in' imated to the foreman that he had consulted
with his learned brother (Baron Martin), vvil°
thought that he had propounded the law wronglft
and he now wished to say that every man was set):
posed to know the law, and unless the prisoner bad
some right or interest in the property tuey were
bound to find him guilty.
The jury, after remaining locked up for twe,
hours, returned into court with a verdict 01
guilty. _

His Lordship sentenced the prisoner to three
months' imprisonment with hard labour. lt is said that bets were pending to the amount
of several thousands of pounds in the Birmingba°l
market upon the probable result of this extra'
ordinary trial.