The Sun.
London, England, 1868-06-10 00:00:00

THE JUDICIAL DISAGREEMENT.

The following correspondence has been sent to the paper;
by Lord Chief Justice Cockburn :

" Westminster Hall, June 9, 1868.
"My dear Justice Lush,—Observations having been
made, of which on the present apparent state of the facts
I cannot complain, with reference to the share I may have
had in bringing about the unfortunate misapprehension
which has occurred in the case of ' Reg. v. Eyre,' and re•
ference having been made by Mr. Justice Blackburn to
paper in which he embodied the substance of the law he
intended to lay down to the grand jury, and that paper
having been handed to you, I am induced to trouble you,
on the subject.

" The paper in question I never saw; and the reason
was that, on my coming into the room where the other
judges were assembled, Mr. Justice Blackburn, in the
presence of you all, referring to the fact that he had give;
you such a paper, proceeded to tell me verbally what he
had therein stated as the law to be laid down : in other
words, stated in terms the proposition, the substance of
which I repeated in my observations made in court yester-
day, with, as I understood him, an intimation that it was all
that it would be necessary to lay down on the present
occasion.

" Perfectly satisfied with the law so proposed to be laid
down. I said it was unnecessary to peruse the paper, and
at once gave my assent to the law as so intended to he
stated, adding that I thought it would be satisfactory if
Mr. Justice Blackburn were to say that, in so directing
the jury, he was speaking with the concurrence of the rest
of the court.

" Inasmuch as, if the paper referred to contained more
than the statement of the proposition to which we all
assented, I have been in error in saying that the other
members of the court were no parties to any of the °the;
views set forth in the recent charge ; and as I think it due
to all of us that there should be no misconception on this
subject, I take the liberty, as the paper in question was
left in your hands, to beg you to inform me whether or
not it contained anything more than the proposition t,
which I have referred, especially whether it containta
any reference to the case of Mr. Gordon.—l am, yours,
faithfully, "A. E. COCKINJAN.
" Hon. Mr. Justice Lush."

" Westminster, June 9,1868,
"Dear Lord Chief Justice,—l returned the paper to my
brother Blackburn at the time, and I find it is now at Ins
house. But I well remember that it contained only
the general propositions mentioned by you in court yesterl
day, adding that the application of that principle to thizt
particular case required him to tell the jury what was.-the
law of Jamaica. In no other way did it refer to that law,
nor did it state anything about martial law, or refer to the
ease of Cordon. I have shown this to my brother Black-
burn, and he agrees that it is an accurate account of
what the paper contains.—Yours very truly,
ROBERT ,

ROYAL STRAND TIIEATRE.
Solo I .essee and Manageress. Mrs. Swanhorough.
THIS EVENING. at 7.30, SISTERLY SERVICE: Messrs.
Belford, Harcourt: Miss Sheri;lan.
Af tor which, THE FIELD OF THE CLOTH OF GOLD.
Messrs. Thorne. James. and Robson; Mcsdanris Swauborough.
Lydia Thompson. Sherichn, Hughes. (Tx.
To conclude ,with MARRIAGE AT ANY PRIDE.