The Statesman.
London, England, 1823-06-02 00:00:00

the circuniitanois of theease, be enough to ?and i verdict:.
hp tbonglas*hetter to discharge the remainder;
in the course of the inqniev he had frequently aviil
himself of the suggestions hf Mr. Whitmdie being
experienced Magistrate in administering qtlestions, and
that be bad himself asked the Magistrate to put such
*Miens asle thought proper, in order to• elucidate
the transaction, that defendant did not tell the Jury. oo
to touch the body of the deceased, but bad merely told
them all that it was necessary for them to be infortned
of was as to. the identity of the body, by merely looking
at it, and taking the opinion of a surgeon as to the
cause of the death ; that while the Jury were in the
room where the body was covered-with a sheet, defend-
ant had quitted it, and told them to exereite their own
judgment, or examine the body if they thought proper ;
that lie did not tell the Jury what verdict to find, or
give them any direction whatever as to the cause of•the
death ; but left them to their own conclusion from the
evidence. Upon these facts so disclosed, the Learned
Counsel contended, that the rule ought to be dis-
charged. Mr. Whitmore had made an affidavit upon the
sttbject.; but not being filed in 'time, it was not allowed
to he read.
Mr. PEARSON (with whom were Mr. CAMPBELL an 4
Mr. RYAN) on the other side, was not heard in suppo
of the rule.
Before Mr. Comfit? had ctincidtled his address,
The Loan Cm mrJutrtca interposed, and said it seat
with great reluctancp..that be ventured to stop the fur-
ther discussion of the ease; but without venturing to
express any opinion upon particular parts of the affida-
vits, which might, in any degree, prejudice the defend.
ant, he should only observe, looking to the whole• of
the transaction, it appeared to the Court that this mat-
ter ought to go before a Jury of Site country, in order
that they might pronounce their opinion upon it. At-
tending only to the affidavits of the surgeon, and to the
affidavit of the defendant in answer, there appeared to
ET enough to justify further inquiry. The Court would
' studiously forbear giving any opinion upon the facts,
which were more pecolfiarly within the province of a
Jury to decide upon, but would simply say that this rule
ought to be made absolute.
Rule absolute for a criminal information.

COURT OF COMMON PLEAS, MAT 31.
Mr. Sergeant PELL said that he had a novel applica-
tion to make to the Court, respecting the refusal of one
of their officers to perform one of the duties of his sta-
tion. The circumstances were these :—A Mr. Taylor, of
Lincolnshire, a solicitor, and an attorney of this Court,
transmitted to his town-agent, in Chaneery-lane, a fine in
the case of'! Blackburn and Brown, and others," to have
passed in. due form through the office of the Court ;
but, on applying for thst purpose to the Clerkof the War-'
rants and Estreats, he refused to put tue seat of office to
the fine until he was paid 3!. lda., which he stated to be
due to the office by Mr. Taylor, fur what was called
Teenage." This, he understood, to be a cl dm of
fourpence per term, made upon all the attornies of the
Court, and which went into a box for ultmlate distribu-
tion in some particular manner. The learned sergeant
said that he meant to cast no imputation upon the offi
j -.
cer, who possibly thought himself justified in the refusal
he had given; but it was highly important for the suit-
ors of the Court to know, whether their necessary le;:al
business could he stopped in its progress, merely because
the attorney who happened to have the management of '
It had neglected to pay some particular fees, demanded
by the officers of the Court, in quite another transaction.
Mr. Sergeant Pell added, that.he made this motion for a
rule to show main why the Clerk of the Warrants did
not put the seal of office to the line in this case ; and,
also, why he should not pav the costs of this appleation.
It was intended to have initlatled the incidental expenses
incurred in consequence of the clerk's refusal, but. that
intention bad been abandoned.
Mr. Justice PARK said it was quite a new CIM ; it
would certainly be very hard to have the business of
suitors interrupted in this manner; ;hit, perhaps, it
would be as well to let the costs abide the event.
Mr. Justice Bertaotron remarked, that many rolls of
the Court were not carried into the proper office, because
this termage was not regularly paid by some attornies of
the Court ; it was, he believed, the same in the Court of
King's Bench ; the consequence was, that a great deal
of the business of the Court was not regularly per-
formed.

Mr. Sergeant PELL said, that if the fee were legal, the
officers mnst have a legal war of enforcing it; very hard
it would be, indeed, if suitors were to be called npon to
balance the accounts in this manner. At the same time
he repeated his disclaimer of any imputaion upon the
officer; he, no doubt, thought he was acting right.
At the suggestion of Mr. Justice Paan, as the ease
was new, the rule was granted, with the costs to abide
the event.