Law Report.
The Times, 1824-12-25T00:00:00

t ocJorc L,ora LaheJ vJflsrtCe A&BBOTT anaI a C'ommon Jhtry.) msir. riENDERUAST openeat Ene intlietment, by stating that it was preferred against the defendant for wilfiil and corrupt perjury, comm)itted by him in evidence given on a certain indictment against one John Scott, tried at the Adjourned Quarter Sessions for lliddle- sex in April last. The defendant pleaded " not guilty," and that waa the issue the jury had to try. AIr. C. i. WILLrAMS told the jury, that this was a prosecution for gross and wilful perjury instituted against the defendant at the suit of Air. Joseph Wilfred Parkins.. In the early part of this year Air. Parkins was a defendant in an action which was tried in that Court. Antecedent to the trial of it, he was standing on the steps leading to the Court-house. Whilst he was there, a pernon of the name of Scott came up to him, and in a rude and insulting mnanner abused and vilified hin) for defending suech an action as wan then lug to be tried. Air. Parlkins desired this individual to leave himn- o.tt instead of doing so, he thrust his fist into Mr. Parkins's face, in the precincts of the Court, without the slightest provocation. For that offence Mr. Parkins indicted him; and on the trial of that in- dictment the defendant Bellamy gave that testimony which was stated in the present indictmnent to be gross and wilful perjury. He allowed that witnesses might otten, through the infir.mity ofmnemory,uniiten- tionally aive erroneous statements of words spoken; but there could be no urintentional misstitement about an act committed. The as. sault of which Scott was found guilty had not been committed in the sudden anger of the moment, but had been preceded by a long tir-ade of coarse abuse, which must have been heard by the defendant Bellamy. On the trial It became material to consider, first, whether Scott dirt or did not assault and beat Mlr. Parkins, and then whether Mlr. Parkins had or had not give)) Scott suchi provocation as might cither justifyor mitigate him in making that assault. Bellamy swore that lie heaTd Mr. Parkins give a great deal of bad language to Scott- that Scott desired Parkins to leave him ; antd that Scott used no more violence of gesture toware'.s Parkins than Biellamy did in giving his evideace to the jury. The averments in the present indictment weri directly in opposition to all that Bellamy had thus sworn; thev were. that Scott abusedI Parkins, clinched his fiat more than once -in thai genitleman's face, and so committeel a gross assault upon him. Thesa facts he should establish before them by witnesses, who had noticed heh attack upon Parkins, by Parkinga's especial dlesire; so that he be. hieved they would have the greatest difficulty in coming to anv other eonclusion than this_that the defendant hail becn guilty 6t corrupt and wilful perjury. The learned C:ounsel then proceedetl to call witnesses to substan. tiate the indictment. Air. James Duncan produced an examined copy of the record ir the case of "t thie King v. Scott," tried at Westndinster at the Ad. Journed Quarter Sessions iH April. It was put in and read. On thi rea(ling or it, it appeared that the Adjourned Quarter Sessiens or tlhe 5th of April last, were stated to have been held before " Franci Const, Esquire, atd others," being magistrates of the county oi Middlesex. In the indictiment, the Adjourned Quarter Sessiour were said to be held before Franciss Const, Esq., ancr four other gentlemen, whose names were mentioned. Mr. DgxtIAN held that this was a fatal variance. ANir. WL.LIAIMS submitted that it was not. He would show thai the four magistrates whose names were mentioned in the indict. ment were present at the sessions. The LoniD Cis'JlF JUSTICE thought that the defect was fatal. but would not direct an acquittal upon it at present, ars Ir. Wril. liams proposed to-cure it by other evidlence. He would, however. take care that Afr. Denman's client should have the benefit of hii objection hereafrer, if it were necessary. Walter Webster, a clerk in the office of tbe Clerk of the Peace, produced a bxok in which the names of the magistrntes who attended at (he sessions were regularly entered by the Clerk of the Peace, or his deputy. The book, however, was not in his 11and-writing, but in that of Air. Richards, who was now alivc, and nlot incapable of attending in Court. Trie book was thIen offered as evidence, to prove that the magis- trates named in the indictment were present. The LORD CHIEF JUSTICE said, that upon 6uch1 evidence he cotild not treat it as an official docutient; at present it appeared to he a mere minute drawn up by one of the gentlemen in tire Clerk of the Peace's office. illr. WIL.IAMS argued, however, at some length, that it ought to be received-a doctrine in whichi he was supported hy Air. PREN. DE1GAST and another cotinsel, with whose name we are unac. quail tcd. Mr. DENXIAN andi Mr. C. Pier sari's, who wereengaged for the defendant, were hearrI in support of the contrary position at considler- able length; after which The l,ORD CIIrEF JUSTICE declared, that the dlefect in the in. dietment had not heen legitimately cured. and consequently directed the Jury to return a verdict of NMot Guiltij. A verdict was returned accortlingly thie LoRD CHIIEF J USTICE observing, that he rould reserve to the prosectutor the rigit of pre- ferring a new indlictment, in case tie Court should be of opinion that he was wrong in the opinion he had given upon the point of lalw. EVELYN V. OWEN ANX1 CRAIG. Air. CHITTY stated, that this action was founded on a bond in a penalty of 4001., to which the defendants hail pleaded that it was not their deed. The plaintiff, Air. Evelyn, a gentleman of rcspec- tability ant fortune, had bsen annoyed by the demandls of a woman named Aleria Fidler, who charged him with being tire father of a bastard child, born of ter in the year 1818. Al r. Evelyn positively denicr ite charge; but, as h.he hai married the defendant Oweni, agreed to glee 2001 on the husband entcring Into a hond with a surety, on condition that hc annl hi% wife should in- demnify him azainst further expense. and refrain from molesting titer or hlis family. No sooner, however, wwts the motley paid than Owen declared he must have a place under Government, and threatened to molest the plaintiffi In executioi o!' this threat, hp gent him Ictters, demanding sotne certificate in threatening termq. and called repeatedly at Alr. Evelypia houce, to intult antl attack hiin. Tne bond was read as stared bv the learned Counsel, and ithe conduct of the defendant Orven proved as he described it. No one ap ecared for the defendants. t'hc Jurv found a verdict for the plaintiff; anid asscssed the e'a- niages on the breaches at 501. The LonD CHIIEF JusricE, in dismissing thejuryy thanked themi for the great attentionl they lied paid to the busiless of thlig laborious sitting; which has, indeed, been rarely exceeded in the number of cauges tried, or in the proportion of interesting cases. The sittings were adjourned to tire 7th of Jarniary. LA W REPORT. COURT OF KlNG'S BENCH, WESTMINSTER, DEC. 24. THE LING V. BELELAI1Y.