The Times 1861 - 1870 Feb 24, 1868 - Spring Assizes, Carlisle, Crown Court

Feb 24, 1868 - Spring Assizes, Carlisle, Crown Court

The Times, Monday, Feb 24, 1868; p. 11; col. D                               SPRING ASSIZES.                                 -----------------                            NORTHERN CIRCUIT.                               CARLISLE, FEB. 21.          CROWN COURT. - (Before Mr Justice MELLOR.) His Lordship this morning disposed of a number of small cases, and Mr. ASPINALL, Q.C., also sat in the magistrates' room, as commissioner, and tried several prisoners. Edward COATES was indicted for perjury before justices at Penrith on the 19th of November last, on the hearing of an application for an affiliation order. Mr. BRADLEY appeared for the prosecution, and Mr. CAMPBELL FOSTER defended the prisoner. The case of the complainant - one Ann THOMPSON - was that a man named WINTER, against whom she was seeking to obtain the order, was courting and visiting her shortly before Martinmas, 1866, and was the father of her child. WINTER called the prisoner as his witness to prove that Ann THOMPSON was at that time being courted by other men, and he swore that a few weeks before Martinmas he saw her late one night going to her father's house with a man named GREENHOW, who had his arm round her waist; that her sister, Jane THOMPSON, saw him also; and that he told this to two young men who were standing in the road. He shouted out to GREENHOW, "Halloo, Joe," and he (GREENHOW) "creeled" down behind Ann THOMPSON to escape observation. Ann THOMPSON, her sister, GREENHOW, and the two young men were called to disprove this, and on this evidence of the prisoner the perjury was assigned. A great deal of amusement was created by the learned counsel for the prisoner, in the cross-examination of Jane THOMPSON, the sister, asking her about her own courtships at that time. At first she stoutly denied any, but on having three separate letters put into her hand she admitted they were written by her, and she was asked to read them, which she did with great simplicity. The letters invited different young men of her acquaintance to come and see her at her father's house at that time late at night, when her father and mother were out. The reading of these letters with the quaintest simplicity by the witness excited great laughter. The defence was that it was clear several young men were about that time visiting both Ann THOMPSON and her sister late at night, and that it was probable the evidence of the prisoner was quite true as to the facts, but that he was mistaken as to the person whom he supposed to be GREENHOW, who had endeavoured to escape observation. If that were so, there was no wilful and corrupt perjury, and he ought to be acquitted. His LORDSHIP having summed up the evidence, The jury Acquitted the prisoner.          CROWN COURT. - (Before Mr Justice MELLOR.)     [cont.]                  COSTS OF PRISONERS' WITNESSES. A question arose at the conclusion of this case of some interest on criminal trials. Mr. FOSTER applied, under the statute of last Session (30th and 31st of Victoria, cap. 35, sec. 5), for the costs of the prisoner's witnesses who had been examined before the justices and bound over to appear and give evidence at the trial. In the exercise of his discretion he had not called any of these witnesses, but he submitted, as they had been bound over to appear and their evidence bore upon the issue to be tried, they were, in the discretion of his Lordship, entitled to their costs. His LORDSHIP said he could not tell how far their evidence was material to the issue, as they had not been called. Mr. FOSTER said their evidence was attached to the depositions, and it would be very desirable if his Lordship would lay down some rule on the subject, as to refuse the costs of prisoners' witnesses unless they were called might lead to their being called unnecessarily, and to a waste of public time. At the same time the statute placed upon the Judge the burden of deciding whether their evidence "was in any way material to the case, or tending to prove the innocence of the accused person," and, in such case, in his discretion to direct their expenses to be paid. His LORDSHIP said, as this was a new question of practice, he would consult with Mr. Justice LUSH upon the matter at a convenient opportunity. It was difficult to lay down any rule. In the present case he would look at the evidence of the witnesses, and announce what course he would take. This case finished the criminal business of the assizes, at 4 o'clock this afternoon. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

 

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