Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1819-02-18

this evidence, he might, as IN The case OF
a rescous, or in like return of commissi-
oners, in commission OF rebellion,
Prac. Reg. 1873. be committed. il he be
guilty of having offered triIe to the
commissioner, will allow 10 him The full
benefit of his affidavit, as well as the full
benefit of his answers to the inierrogaio-
,iss before mentioned; and, it il shall
be found that he has fairly parged him
self of the crime of Which lie is accused.
the rule must be discharged: but, it he
has moi, he must be held accountable for
his conduct.
What is that crime bribery! What is
bribery? II is defined by justice Black
stone, in his All, book of commentaries,
100, 10 be taking of any asdss rcscord.
by a judge or other person, concerned
in the administration of justice, to influ-
ence his behavior lin his office.
Ii Is held 10 be an offence against pub
lie Justice. How is il punished Ii is
said, by the same author, III. 40, TO he
by fine and imprisonment, III Inferior 9TH
yers: aud, in those. vile offer "a bribe,
though not taken, il is punished in like
manner: And, this authority is support
ed by 8. Inst. l47 by Lord Coke, in his
commentary upon the ST. OF the II Hen.
4. from " bich the /. sect. of our act "a
gainst bribery and corruption was taken.
Rev. Code, GO. Tie words of this dis
iinguished author are But admit the
party offeretlI hribe to the judge,
IS meaning 10 corrupt him in the case de-
pending before him aud thcjudge TAX
% eth il not. yet this is an offence punish
g ab.e by the law in The party that doth
"ofer H."
Upon this principle, the Lord Chancellor
Parker proceeded, in the case of Pootys.
..,f 4
will with the indulgence Of the bar, read
the whole of that ease, as tits moi a very
lengthy one. The cas- was this:
In a bill brought touching tue real and rer,
sonal estate of - Sacheverel deceased.
who had issue daughter by his first wife,
married To- The plaintiff Pool, the question V as,
whe Their the defendant who before had been
Mr.. Sachevercrs maid servant, was married
10 bim7
She admitted by her answer, that she had a
bastard BY him that was vet living bat before
the second child was horn, she pretended she
was married to the said Sachevcrei and that
they had been married in The prison Of the
Fleet, he by the name of Robert Marshall, and
she by The name of .hne How sp!nsier, and
that The marriage was ON the 9th of Nov.
I705.
In the Spiritual Court il was ainjged 10 he
good marriage, and that sentence affirmed by
the delegates; hut the daughter claiming title
10 moiety of the real estate, a trial at bar was
directed IN G.. Is. where the marriage was
found and afterwards the plaintiffs father
nut an advertisement into the Daily Courant
intmating, that whereas there was an entry IN
the register Ia the Fleet prison. of marriage
there the 9th of November l7o5, in the words
and figures following, wiz Nov. ~, 1905
Robert Marshall OF ST. Martins lane la St
Martins parish aud Ann How spirster"...
whoever shall discover and legally prove that
The SAID two persons were then married, and
before and al the time of the marriage were
really called and known by those respective
names. shall have reward on such discovery
Ton legal proof of the same) of eco, over and
above all legal cha'ges to be paid by Edward
Aud it was now moved that Pool should be
COMM tied IL havisg heen formerly mention
ed before the Master of the Rolls, who ordered
1T 10 be moved before the Lord Chancellor, as
being matter of great moment concerning OIL
one side, the liberty of tha snhject and on the
other the preservation of evidence from sub
orilatIou and corruption
The motion being made before Lord Chan.
ceilor, II was by him adjourned to the next
seal, after which at another day The Lord
chancellor with great solemnty thus pro.
nounced his opinion :,
This tends to the suborning of witnesses, is
very dangerous, and not ouly greatly criminal
but Is contempt of the court, being means
OF preventing justice III cause now depend
ipg.which is aggravate by the marriage ha wing
been pronounced good IN the court of Delegates
and also verdict at the bar OF the Common
pleas In its favor; and The court may, so in
JnsliGe 1t ought, TO punish this proceeding.
Ii has been objected, that nothing has be- EN-
done in consequence Of this advertisement. no
witness come in.
Resp. 1t doas not appear but that some per.
son would come ~ were not this discouraged !;
however the person moved against has done
his part. and if not successful is still not the
less criminal.
Object. This is not an offer to any particular
person.
Resp. IT is equally criminal when the offer is
to any for 10 amy. is to every particular person.
nus advertisement iii come to all persons TO
rogues asweil as honest men and u is "a stran-
way or arguing 10 say, that offering a reward
10 one witness is criminal, but that Offering it
TO more than one is not so surely it is more
Criminal; az II may corrupt more.
O1iect. "A person coming in for such re-
WARD is no witness, for that his testimony nust
be rejected.
Resp. Ii is SO of every witness snborned or
bribed.
Object. This matter is now over. fviz \ the
sentence IN The spiritual court aud the trisl
hesp. IL u not over for suppose on the re.
ward offered by this advertis ement a dozen
afiidaviis should come IN, proving what il de.
sired may be proved this would probably
induce the coui to grantanew trial, and might
overtufn all the proceedings wbicH have
hitherto passed. It's areproach 10 the Justice
ofthe nation, an1a insaiferable thing to mn Ike
PuDuc oner IN print to procure evidence,
ana rs tantanount 10 saying. that such persons
as will come in and swear, or procure others TO
swear such thing, shall have z 100 reward
anu inns In q cause now depending here il
tiO0 is to be allowed the same reason will hold
as 70 tie allowing OF 600. or fl000. And tho
inc intention OF the person so advertising may
ne innocent, land !. knowing The man. believe
~ was so, insoinuch that IL court may be said
10 have ipclinaiions or impressions from, tbe,,cc
must own, siIOuid be Influenced by nv
knowing OF Mr.. Pool to be an honest man y
YET tue Justice of the court, nay Tie Justice Of
me udtlon being concerned in so psblic case,
cannot dismiss the party. though his connsel
onef 10 pay costs to the other side, but in Jus.