The Sun.
London, England, 1828-05-06 00:00:00

COURT OF COMMON PLEAS.

BATHER'S V. GALINDO.
Mr. Sergeant LAwas obtained a rule in this case, to
show cause why a new trial should not be granted, and
this day Mr. Sergeant WILDE showed cause against the
rule being made absolute.

The circumstances were these :—The cause came on for
trial before Chief Justice 13Esr, and on the part of the de-
fendant a female witness was placed in the box, but an ob-
jection was made to the reception of her testimony, on
the ground that she had been living with the defendant
as his wife, and bad in fact passed as such up to
the moment of her being placed in the box. The Chief
Justice decided that her testimony was inadmissible, and
a verdict accordingly passed for the plaintiff. It was now
contended by Mr. Sergeant Wilde, that this decision of the
Chief Justice was correct, and that it would be dangerous
to allow a man to repudiate a female with whom he had
been living as his wife, when it served his purposes to
place her in a witness box.

Mr. Sergeant LEWES was about to reply, when the Court
told him it was unnecessary.
Mr. Justice PARK, Mr. Justice GAZELEE, and Mr. Jus-
tice 13umtoucn, respectively gave their opinions that the
testimony of the witness was admissable, and the rule for
a new trial must be made absolute.
Chief Justice BEST then said that he also concurred in
the opinion that the rule must be ma le absolute, though
he felt bound to say that in the decision he had given at
Nisi Prins be was supported by as great an authority as
had ever sat in that Court. The grounds upon which he
now decided that the rule should be made absolute were,
that a custom had grown up of late years of extending the
rules of evidence, and he was of opinion, on :omparing the
laws of evidence of England with that of foreign countries,
that here they were too much narrowed to the exclusion iu
many instances of the power of getting at the facts, ar.d
therefore he agreed in the opinion that it would he
advisable to enlarge the capability of witnesses. In
the present case therefore he thought the testimony
of the witness must be received, though with such
caution as the evidence of such a woman was en-
titled to. He did not think that a man ought
to be permitted to repudiate a woman when he chose; nor
if an action were brought against a man for debts due by a
woman, whom he passed as his wife, which debts were
due by her prior to their cohabitation or knowledge of
each .other, would he allow that man to turn round upon
the party bringing the action, and say, " sii is not my
wife." As at present advised, he would hold a man liable
under the circumstances. As to the witness in question,
her testimony must be received as such testimony as her's
ought to be received, when brought forward to defeat the
just rights of a party amid keep him out of his own pro-
perty. The Jury would know how to weigh her testimony,
and the nature of such a defence to a just action.
Mr. Sergeant LEWES-Your Lordship dc.es not mean
that it should go forth to the world that the evidence of
this witness is not to be believed when she comes forward
at the trial?

Chief Justice BEST-1 did not say so ; and the remark
is highly improper.
Alr. Sergeant LAWSS—I certainly understood your Lord-
ship to import as much.
Chief Justice Els T—l shall direct the Jury to receive
her evidence according to the manner in which she may
in the witness-box ;—and, Mr. Sergeant Lawes,
Rule made absolute.
gthivee it
Judges snutt not be replied to.

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COURT OF EXCHEQUER.
The Barons sat for a short time, and disposed of some
uninteresting cases. The Lord Chief Baron also sat in
equity in the Exchequer Chamber, and was hearing the
part heard ease of Elliot v. Randall when we went to press.

season workmen are arriving from all quarters to assist in
) APRIL 20.—Invited by the fine
the Aforitnna°tiLon° of the great road, which will open to com-
merce the summit of the rude mountain of St. Gothard,
hitherto believed to be inaccessible. The work commenc-
ed on the 15th, and great joy is excited by the certainty,
that we shall scion see a convenient and safe road for com-
merce, and all useful purposes of communication, in the
frightful deserts of that mountain.
ROME, APRIL 19.—The accounts which we
receive from the mountains of Urbino and Pesaro, and
especially from Urbino, speak of the great alarm which
'was every where caused by the Earthquake which was felt
t}eere on the 11th. It is affirmed that it was more violent
than that of 1781, in which the Cathedral of Cagli was
overthrown.