New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1859-07-23

doctrine and ordered the issue tn bo sgas sent
down for trial which trial resulted n verdict tor
the dsugbterin.sw. Having thus obtained posses
sion Of the estate, she turned round and brought
an action for damages against Sir Frederick
Tbesieer for having. as the declaration alleged.
vropefally and fraudulently aud without the
authority ard sssGEt toe VIII Of the piihiitf, and
contrary to BIS Instructions. entered into the
above.ststed compromise, thereby dePriving the
plsiutifi of an opportunity Of trial at that ISSUES
Norwss it only the conduct of the counsel that
was made cause of complaint in this action. Is
was alleged in second count th, dufing the prog
ress of the trial Sir CressweIl CressYeu. the pre-
siding Judge, privstely clandestiney and Illegally
aud without, the knowledge of the plaintiff CON
municated with her counsel. sud gave HIN to
o understand thst he, the Judge had formed an
unfsvsrsbIe opinion Of the plaintiffs case, scd
that be did this for the purpose OF lntuidalIng the
COUNSEL. aud inducing him to make compromise,
the Judge being anxious to get rid of the case,
which threatened to last for several days. and that
the compromise was accordingly made by coIu-
sion between the J udge snd the counsel.
Upor the trial Of the case the pl,lntiil herself,
her ffierd her attorney, Lord Chelmsford (the de-
frpdant). Sir A. Cocsburn, row Chief-Justice Of
England (the COUNSEL on the other eide, with whom
the COMPROMISE was made), aud Sir Cfessweu
Crenwell, the Judge, were all produced IS wit
nessea.
According TO the testimony OF the plaintiff aud
her friend the Judge at the close of the first days
proceedings, finding that the case would last two or
NJ 4 10y IA rs ut
imps,iepce. They also testfed that 1t was al ar
eument strongly urged upon them IN favor OF
COMPROMISE, that toe Judge had given latmstions
10 their counsel uuiasorable to the success oil the
case. Lord Chelmsford denied having made any
such statement, but be admitted having spoken with
the judo and, though be could not recOllect
what passed between thers. yet that WHAT Tue
Judge had said had made great impression upon
him. in consequence Of which ne suggested CON-
promise 10 the other side, which they seemed resdr
~ meet. The Judge testified that what passed be-
tween them was THIS thai being fam'iiar
friend Of SIR Frederic's, he beck6ned hin
No 70 the Judges seat At the close oil
the davis work to inquire e he Mas gong TO
dine At a mutual friends, after " hlch he remarked:
u,our lad, wituess referring to Sir L rederics
client, who had been under -Xanination- Loru
Chelmsford stated. as an additional motive with
him for suggesting the compromise, mat DC WIS
himself not satisfied with the progress OF the case;
and NJ a reason {, pcrss,ing IN IT, not"lthstand'
ing the non-concurrence of his client, that on the
Monday morning he had become aware OF tao
r 81. oh no r. dad
as decidedly uniayorsble.
Beside a general plea ii not guilty the defend
ant pleaded specially that in making the agreement
he acted on the belief that he had authority TO
make IT, and that he acted in good faith, and with
out fraud ard for the best interests of his client
The presiding Judge held that, as to the second
count there vas not title of evidence to support
il. and that il was great piece of ndecency to put
81 nnfcunded charge on the record. Indeed, 1t
gems TO have been great piece of folly on the
part Of the plaintiff counsel to have dragged the
Judge into the case, or to have charged against
the defendant any thing beyond ignorance as to his
duty. Even upon this point the Lord Chief Baron,
before whom the trial was had, did not admit
that the plaintiff bad any case lie seems to have
gone the full lergth Of holding that, in case OF
doubtful result the counsel had light to comPro-
mise, even without the consent of hi, client.
Under these directions, the Jury returned YER
diet for the defendant. But bill of exceptions
was rendered to the Judges charge, and the ques
ton may yet come up before the full Court.