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Messrs. Charles Woodbridge, jun., and Thomas Harry
LAW ASSOCIATION. county magistrates and the Commissioners of Taxes, and Mr. Woodbridge was superintendent registrar for the Uxbridge At the usual monthly meeting of the directors, held at District. He was also formerly registrar of the Uxbridge | the hall of the Incorporated Law Society, Chancery-lane, County Court, and clerk to the Uxbridge Board of Guardians, on Thursday, the 1st of January, the following being present both of which offices are now held by Mr. C. Woodbridge, jun. - viz., Mr. E. Tylee (chairman), and Messrs. Burt, Drew, He was also a member of a large banking firm at Uxbridge. Hedger, Lucas, and Williamson, and A. B. Carpenter
(secretary), the treasurer acknowledged the receipt of MR. CLEMENT UVEDALE PRICE. £484 78. 6d., being the produce of £500, consols assigned to Mr. Clement Uvedale Price. solicitor (of the firm of the association by the executors of the late Miss Harriet Hallows, Price, & Hallows), of 39, Bedford-row, associate
Hurst ; one new member was elected, and the ordinary of tbe North-Eastern Circuit, died at Torquay, from
general business was transacted. congestion of the lungs, on the 26th ult. Mr. Prico was the fifth son of Mr. Thomas Price, of Clementhorpe, Yorkshire. He was born in 1824, and was admitted a solicitor in 1846. He practised first at 7,
Law Student's Journal. Chancery-lane, next at 92, Piocadilly, and afterwards removed to 39, Bedford-row, and went into partnership with Messrs. William Tooke and Arthur William Tooke, COUNCIL OF LEGAL EDUCATION. and more recently was associated with Messrs. William
HILARY EDUCATIONAL TERM, 1880. Hallows and William Alexander Tooke Hallows. He was formerly solicitor to the St. Katherine's Dock Company, to
SCHEME OF LECTURES. the Middlesex Hospital, and to the Society for the Sup
Subjects, and Professors. pression of Mendicity. About ten years ago Mr. Price was
Jurisprudence, including international law-public and appointed associate of the Northern Cirouit, and since
private, Roman law, and constitutional law and legal 1876 he bad discharged the same duties on the North
history.-Joint professors, Frederick Harrison, Esq., and Eastern Circuit. He was also a director of the Law Fire James Bryce, Esq., D.C.L. Insurance Company.
Equity:-Professor, Arthur Shelly Eddis, Esq., Q.C.
The law of real and personal property.-Professor, Joshua MR. CHARLES BURTON FOX.
Williams, Esq., Q.C.
The common law.-Professor, John D. Mayne, Esq. Mr. Charles Burton Fox, solicitor, clerk of the peace
The first lecture will be delivered by the Professor of for Monmouthshire, died suddenly at Newport, on the Roman Law on Thursday, the 15th of January, at 3.15 p.m. 1st inst. Mr. Fox was born in 1814, and was admitted a solicitor in 1841. He practised for a short time at 43,
L Prospectus of the Lectures of the Professors. Lincoln's-inn-fields, but a few years later removed to
The Professor of Roman Law will, during the ensuing Newport, and went into partnership with Messrs. Charles
educational term, deliver a course of twelve lectures on Prothero and Stephen Towgood, the firm being joint | the Roman law of contracts, county treasurers for Monmouthshire. About five years The first lecture will be delivered on Thursday, the 15th of ago, on Mr. Prothero's death, he was appointed by the January, 1880, at 3.15 p.m. The subsequent lectures on the Duke of Beaufort to the offices of clerk of the peace and
above subject will be delivered on Mondays and Thursdays clerk to the lieutenancy for Monmouthsbire. He was
at the same hour. also clerk to the Newport Borough Magistrates, and to
EQUITY. the Newport Harbour Commissioners, and solicitor to the The Professor of Equity will, during the ensuing educaNewport Dock Company, Water Company, and Gas Com. tional term, deliver a course of twelve lectures upon “ The pany. Mr. Fox leaves a widow, one son, and three application of equity to the subjects in which, previous to daughters.
the 1st of November, 1875, it operated as auxiliary to or corrective of common law.”
The first lecture will be delivered on Friday, the 16th On Tuesday Mr. Higgin, Q.C., in opening the Preston of January, 1880, at 4.15 p.m., and the subsequent lectures Quarter Sessions, referred to the Summary Jurisdiction Act. at the same hour on Wednesdays and Fridays. He said it was difficult to understand, and its main feature seemed to be to unsettle a very great deal and settle very
LAW OF REAL AND PERSONAL PROPERTY. little. He did not think the Act would work as satisfac
The Professor of the Law of Real and Personal Property torily as the old one.
will deliver, during the ensuing educational term, twelve At the Manchester County Court recently a deputation
lectures on the Statutes of Limitations and Prescription. from the Manchester Creditors' Association of Wholesale
The first lecture will be delivered on Saturday, the 17th, Dealers presented a memorial to Mr. J. A. Russell, Q.C., 1
of January, 1880, at 3.15 p.m. the judge.
The subsequent lectures will be delivered on Tuesdays at The association, which has been registered by licence of the Board of Trade under the provisions of the
4.15 p.m., and on Saturdays at 3.15 p.m. Companies Acts, 1862 and 1867, upon the express under
COMMON Law. standing that the members do not receive any profits from The Professor of Common Law will, during the ensuing the funds, has for its object the economical winding up of educational term, deliver twelve lectures on negotiable and estates of liquidating or bankrupt individuals or companies. mercantile instruments. The memorialists complained that in numerous instances The first lecture will be delivered on Monday, the 19th they had suffered great loes through the appointment of of January, 1880, at 4.15 p.m. irresponsible persons as receivers of the estates of liqui The subsequent lectures will be delivered on Thursdays dating debtors, and that the receivers had applied such and Mondays at the same hour. estates for their own private purposes. The memorialists
NOTE.-In December next there will be four examinations, submitted that in all cases where persons were nominated one in the subject of the lectures given by each professor, open for the office of receiver whose position is unknown to the subject as hereinafter mentioned) to all students who have during registrar, security should be required, and that waen the the year 1880 attended the lectures of any of the professora, but person dominated cannot find security, or when from the no student will be admitted to the examination in the subjects
of the lectures of any professor unless he shall have attended at perfecting the security would occasion delay and incon
least two-thirds of the lectures given during the year by such venience, an officer of the court should be appointed until
professor. No student will be admitted to more than two
examinations; and no student who shall have obtained such time as the creditors of the debtor are able to
studentship will be admitted to any such examination. dominate some fit and proper person as receiver. The After the examinations the following prizes will, on the relearned jadge suggested that a copy of the momorial "commendation of the committee, be given that is to say) : should be forwarded to the Controller in Bankruptcy.
To the students who shall have passed the best examination
in the subjects of the lectures of each professor, first prize, £50 ; the great importance of these meetings to a society of second prize, £25; third prize, £15; fourth prize, 610; and a lawyere, and would state their conviction of the benefit first and second prize of 570 and £30, respectively, to the
which not only bar students, but also artioled clerks may
which not onlt students who obtain the greatest aggregate number of marks in the examination in the subjects of the lectures given by any two
derive from discussing moots involving important principles of the professors.
of law. In consequence of motions brought forward by Mr. No student will be entitled to more than one prize, but a J. Gatey, and adopted by the society on the 2nd of student will receive the prize of the highest value to which he July, four speakers are now appointed whenever & chall appear to be entitled.
moot is to be discussed. Your committee wish also to The committee will not be obliged to recommend any of the express their opinion of the benefit which members above prizes to be awarded, if the result of the examination be have it in their power to confer upon the society by such as, in their opinion, will not justify such recommendation. reading at these meetings short essays apon some
Any further information required by students may be branch of law, to be followed by a discussion upon & obtained on application to the Clerk of the Council, moot connected with the subject of the essay. Three Lincoln's-inn Hall.
essays have been read at these meetings daring the past year-viz., on “ The Bills of Sale Act, 1879," by Mr. T.
Eustace Smith, on “Negligence," by Mr. W. Shirley. UNITED LAW STUDENTS SOCIETY. Shirley, and on “ Conditions Precedent and Warranty," by The following is the annual report of the committee, Mr. W. O. Owen; in each case the attendance was good, 1879:-We have the honour of laying before you the and the essays listened to with attention. In November fifteenth annual report, and in doing so we are glad to be your society took a leading part in the arrangements for able once more to congratulate you on the prosperous con- | the Law Student's Congress, which was held on the 7th dition of the society. Sixty-one new members have been and 8th of that month at the Law Institution. A report of added to our list, many of whom have been elected very the proceedings appears in the report of Mr. E. H. Quicke, recently. Of this number, thirty were articled clerks, eighteen to be read this evening. The Solicitor-General presided at bar students, five barristers, two solicitors, and six were the inaugural meeting on the 22nd of January last. Several members of societies in union with us. Forty-one meetings other eminent members of the two professions also took part have been held at Clement's-inn Hall, the average attend in the proceedings. The various departments of the society ance being eighteen. Your committee would, however, call remain to be noticed, and of them it may be said that they attention to the fact that this figure represents the average are all in good working order. The particulars of their work attendance as distributed over the whole year, the greatly appear in their separate reports. The library especially diminished attendance during the summer months and long has been considerably augmented, and continues in great Vacation (which was this year unusually marked) having request. The accounts of the society show but a small very considerably affected the total average. Indeed, in the balance in the hands of the treagurer after the payment of opinion of your committee, the debates both in the earlier all current expenses. In this matter the committee have months of this year, and again since the middle of October, carried out the views which they have always expressed as have shown an improvement which augurs well for the the true method of applying the funds of the society. They success of the meetings during the ensuing year. Of the
| have sought to lay out surplus capital from time to time in forty-one meetings three were entirely devoted to business. furthering the objects of the society, and improving its One meeting was devoted to a joint debate with the Law various departments, rather than to let it accumulate and Students' Debating Society. A joint debate was also held
lie idle in the hands of the treasurer. Accordingly they with the same society at the Law Institution. The attend. Lave this year sanctioned the outlay of the following sums ance on both occasions was good, and your committee venture
in excess of the ordinary and necessary expenditure :to express a hope that these meetings between the two
£1710s. have been spent upon the library. A sum which may societies, which only originated last year, may for the future
be estimated at six guineas was expended upon the printing be continued regularly. At a meeting on July 16, Sir and distribution of the legal education report. In addition Patrick Colquhoun, Q.C., read a paper on the “ The I to the advertisements previously inserted, a sua of five Authorship of the Plays Attributed to Shakespeare," which guineas has been devoted to advertisement in the Law was followed by a discussion. On January 15 the com- Student's Journal. Your committee, in conclusion, venture mittee appointed by you to consider the subject of legal to express both their bope and confidence that the prosperity education, presented their report, which was adopted by of the society may continue upon that firm footing upon the society. Copies of it were forwarded by the com- which at the present moment it is established. mittee's secretary (Mr. E. H. Quicke) to the Incorporated
Signed, on behalf of the committee, Law Society, and to other gentlemen who were known as
W. C. OWEN, Hon. Sec. taking an interest in the subject. A large number of copies Clement's-inn Hall, Strand, Dec. 17, 1879. were also distributed with the annual reports. On February 5 the society adopted some rales drawn ap by the librarian for the regulation of the library, and in March these rules, together with a catalogue of the books, were
At the Sussex Sessions, held at Lewes on Monday, Mr. published for distribution among the members. On
Grantham, M.P., having taken the chair, asked the chief March 19 the Davis Prize for the best essay on “The Law
constable if he had heard anything official with reference to of Joint Stock Companies," was awarded to your secre
the appointment of a coroner in the room of Mr. Fullagar, tary, Mr. W. C. Owen. We regret to say that this prize
one of the coroners for the county of Sussex, sentenced to will be no longer offered for competition, and it will be
penal servitude some two months since.-The Chief Con. for the society to consider the advisability of offering
stable replied that he wrote to the Home Office immediately another prize in its place. In making this announcement, we
Mr. Fullagar's sentence was confirmed, asking for instrucdesire to express our appreciation of the kindness which
tions. He was then ordered to apply to Mr. Bostock, the Mr. Davis has extended to the society for many years
coroner for West Sussex, and that gentleman had since in the gift of this prize. In September Mr. í. E.
conducted the inquests in both divisions of the county-. The Barren was appointed secretary of the Legal Corres
Chairman thought it desirable that the clerk of the peace pondence Department in the place of Mr. H. J. should apply to the Home Office for further instructions. Gidney, resigned. On November 5, Mr. R. G. Templer
It was a very difficult question to decide, for although Mr. was appointed reporter in the place of Mr. W. J. Godden Fullacar was incarcerated, they were yet unaware if his resigned; the society at the same time passing a motion office had become vacant.--Mr. Crossley asked if freeholders giving the reporter a place on the committee. Thirteen | in both divisions of Sussex were entitled to vote in the meetings have been held at tbe Law Institution for the
d at tbe Law Institution for the election of a coroner for East Sussex ?- The Chairman said discussion of legal moots. The average attendance has he thought they were, and that it was the duty of the high been thirteen, bat here also your committee woald draw sheriff to call them together for the purpose of considering attention to the difficulty experienced in keeping up these the matter.--Mr. Martineau asked if the magistrates had meetings during the summer months, as largely affecting the anything to do with the appointment.-The Chairman contotal average. The meetings bave, however, since October sidered they had.-Mr. Dobson suggested that the Home again assumed a most satisfactory character, both in the Office should be applied to for information how to proceed, number of membere present, and in the quality of the dis. and the chairman having undertaken this duty the subject Gussiong. Your committee would urge upon members | dropped.
| done so fell to the ground. From that moment all action THE QUESTION IN THE BEDINGFIELD
on his part ceased.” But, my lord, these assertions, howCASE.
ever positive, are got proof, and must not be allowed to do MR. PITT TAYLOR has replied to the letter of the Lord
service as proof. By what mysterious intuition are you Chief Justice by another letter, in which he says :
enabled to read men's thoughts? How can you possibly
know that the murderer expected his wound on Mrs. Rudd Dear Lord Chief Justice In common with tbe whole profes• would prove fatal, and what right have you to assume that sion ofthe law, I feel very grateful to your lordship for having, fact? When we were asked to receive Mrs. Rudd's state in the midst of your numerous avocations, made time to take ment as a dying declaration you answered that there was up the gauntlet which, in my letter to the Times of the 17th
nothing to show that sbe expected immediate death, and that of November, I had-perhaps in too bold a spirit-publicly
you could not presume it. How then can the murderer's thrown down. It is alike flattering and agreeable to me
expectations be established by presumption ? Again, who that I am permitted to discuss with so distinguished an
bas told you, that so soon as the wound was inflicted on opponent what you rightly describe as “the very important
Mrs. Rudd her murderer proceeded to cut his own throat, and interesting legal question" which formed the subject
and how bave you discovered that he then had the full of my remarks. ...
intention of suicide ? In all these several matters you must I pass on now to my supposed “misapprehensions of have simply " drawn upon your imagination for your facts," material facts." ... My only remaining “misapprehen. unless the report of the trial be utterly fallacious; and I can. sion” is stated by your lordship to be, that I have repre. not imagine that the reporter has so erreu, or you would sented the deceased " as a woman apparently running away
assuredly have mentioned that circumstance in your letter. from an assailant." This, you say, is a misstatement.
The aseertion that from the moment when Bedingfield fell to. The woman was not “ running away from an assailant. She the ground “all action on his part ceased,” may be fairly had left the assailant lying in her front room with his inferred from the nature of his wound, if you mean by throat cut, which, as appeared from her gestures when "action" any further murderous attack on the woman. But brought into the house, she perfectly well krew.” Here, the next few sentences in your letter are to me, I must conthen, is the “particular eminently material to the question" fess, quite incomprehensible. You proceed thus:-" His in which, "misled by appearances," I have been betrayed victim bad nothing further to fear from him ; and this she into error. But for this fatal mistake you admit, with the must have known, as she must have been aware of what he frankness of an honourable opponent, that I should have had done. For, when she came back into the house she established my case. Your language is quite clear, and I knew he was ia the adjoining room. Showing her throat shecannot make a mistake about that. “Aman," you say at pointed to the room in which he lay, indicating that ia what page 20, “finds himself waylaid by another who makes a would there be seen was to be found the cause and explanation murderons assault upon him ; whereupon, succeeding in
| of her condition." You complain of my making false assumpmaking his escape, he flies, and, outrunning his assailaint | tions, mislea by appearances; but here you have made a whole applies to the first person he meets for protection, stating | string of assumptions, misled, it is true, but certainly not what has happened, and who it is that has | by appearances. The only direct evidence of the woman's assailed him, and from whom he apprebends state of mind when she made her exclamation danger. In such case I should have no hesitation was that given by Mrs. Simpson, who described her in holding the statement so made to be properly as “coming out of the house, bleeding very much from the part of the res gestae.” Here let us pause for one moment. throat, and seeming very much frightened." What caused Suppose that the assailant in his pursuit had fallen and her fright ? Was it the dread of impending death? Then broken his leg, but that the assailed was not aware of this, her statement was admissible as a dying declaration, and and still imagined that he was being followed. In such a poor “ Tyro" is right after all. Or was it the fear of a case I will not insult your lordship by assuming that your
renewed assault ? And if so, then I am right by your own decision respecting the admissibility of the statement could admission. I leave you to solve this dilemma. But the have varied in the slightest degree. To hold otherwise | woman made "gestures " when she got back to the house, would be, not to split hairs, but to split splits of hairs. It and had lost her powers of speech; and you admit these follows, therefore, that, to make my supposed misstatement gestures for your own guidance, and by their aid reject her at all material, I must have erred in two points-in assum words when tendered for the guidance of the jury. I should ing, first, that the murderer was pursuing his victim, when | have thought that the experiences of this very trial might he was really lying half dead in the house, and next, that have led you to be more cautious. The man also, when the woman, when she made her statement, well knew found, being unable to speak, made “gestures ;” the that fact. Unless both these points be decided against surgeon says, "frantic endeavours to make him understand me, my verdict must stand. Let us then consider what something," and a policeman gives similar testimony, facts bearing on these two points were proved at the saying tbat he made signs, and pointed to his breasttrial, or could reasonably be inferred from other facts | pocket, and pointed upstairs, and to the partition. And that were proved. First, what evidence is there that when what was the result of these gestures, signs, and pointthe woman left the house the man was lying in the ings? The doctor could not comprehend them, and front room with his throat cut? I bave read the report of the officer, after three ineffectual attempts to do so, gave the the trial most carefully, and I do not find a single word watter up in despair, and acknowledged-no slight admission which either directly affirms such to have been the case, or for a policeman to make-that “ be could not tell what was indirectly raises an inference to that effect. No one was in meant.” But a Lord Chief Justice is not so easily baffled. the bouse when the deed was committed ; no one saw the
You at least have found a key to Mrs. Rudd's gestures, and murderer after the wound was inflicted, until the deceased when “showing her throat she pointed to the room in which was brought home, and placed in the back room. There is the prisoner lay," the mystery in your judgment was at once an entire gap in the evidence between the scream which fol. cleared up. The woman meant-no doubt of it—that the lowed the wound and the return of the woman to the house. man had cut ber throat in that room; that she had afterwards Whether the murderer, as soon as he had struck bis victim, | waited patiently to see him cut his own, and fall to the attempted, or feigned to attempt, his own life, or whether he | ground; that she bad next ascertained he was hors de combat strove to complete on her the crime which he had bunglingly
| and incapable of pursuing her; that she therefore knew she begun, and wbich he was only prevented from accomplishing
had nothing further to fear from him ; that the fright she on the spot by her flight, or wherber he remained stupified
exhibited was not real alarm, as she had no ground for it; at first, iill, seeing that detection was rendered inevitable by
and that she then “came”-I must not say rap-out of the her escape, he determined to commit or sham self-murder, house “ engaged in obtaining assistance, not to protect her must ever remain a sealed mystery. We may fancy, or against any further violence, but with reference to her imagine, or conjecture, what we will, but of proof we wound.” Why, if her gestures meant all this, Lord Burleigh's have not what lawyers call a “scintilla"; and this famous “ pod " was a jest to them! .. in itself is amply sufficient to justify me in ques. But it is possible that, after all, I may be considered wrong tioning your statement at page 8, that the deceased had on this point, and I now therefore, for the sake of the arguJeft the assailant lying in her front room with bis ment, will assume that your lordsbip was right in drawing throat cut." True, you assert very positively at page 22
the inference that Mrs. Rudd, when she left the house, that “Bedingfield, having inflicted a wound on Mrs. Rudd, knew that her assailant could do her no further harm, and which he expected would prove mortal, proceeded to cut that she went out for the sole purpose of getting her throat his own throat with the full intention of 'suicide, and having | bound up. Taking these to be the real facts, I still contend
that, according to decided cases and principle, the excla to save him from punishment; and it has never been mation ooght to have been received as part of the res impugned, to my knowledge, by any judge since. gesla. In the two cases referred to in my first letter The next case to which I will draw your lordship's - R. v. Foster and Thomson v. Trevanion — the declara notice is, as I understand it, a very important one. You tions made immediately after the injury were received, will find it reported as R. v. Megson (9 0. & P. 420.) It though in neither was the declarant in any apprehension was tried before Lord Cranworth, as careful and sensible of impending violence.” You observe--and rightly, a judge as over sate in a criminal court. Three mon that I have relied on these cases as decisions of unques were indicted for rape upon a woman who had since tioned authority, and you tell me that, in so doing, I have died. She had, as as she returned home after been greatly mistaken.
the outrage, given a detailed account of what had happened How stands the case of R. v. Foster now, regarded as to her. It was sought to put in evidence these details, but an authority ? I find it oited as an unshaken decision the judge very properly decided that they could not be reby Starkie, Phillipps, Roscoe, Archbold, Goodeve, Norton, ceived. “ The object,” said he, “in this case is to give in and last, though not least, by Mr. Jastice J. Fitzjames evidence the particulars of the complaint as independent eviStephen, in his able digest on the Law of Evidence. dence, with the view of showing who were the persons that On searching the reports I cannot find that it has ever been
committed the offence. This cannot be done.” He then questioned by a single judge from the year 1834, when added these words, to which I crave your special attention : it was decided, down to the present time, and I feel
“All that can safely be received is, in my opinion, her tolerab'y confident that if any cage had shaken its complaint that a dreadful outrage had been perpetrated upon authority, your lordship’s
industry and zeal would have her.” Here, then, we have the deliberate opinion of a sound disinterred the dictum. Unless, therefore, it be knocked lawyer that, for the purpose of disproving consent, as contraon the head by the youthful censore of Mr. Markby, or distinguished from the object of establishing identity, the by your lordship’s powerfol artillery, that case, together woman's statements may be received. They relate to a with Thompson v. Trevanion, which was decided on the
matter respecting which ibe speaker is not open to any missame principle by Lord Holt, must still remain as safe
take. They are—if uttered immediately or very shortly after illustrations of an important role of evidence when rightly degrading assault ; they are the usnal expression of feelings
the event--the natural outpourings of a spirit humbled by a understood.
in relation to an occurrence or res, which has jast happened, You regret that I have not favoared you with the other and which occurrence is the subject of judicial inquiry ; suthorities alluded to in my letter. Without my aid you and as such they are original evidence and indisputably found one of them, R. v. Lunny (not R. v. Lunnun, as you admissible. I am loath to refer again to my own work, but cite it), which was reported by the late Mr. Cox in the you will find the subject treated, and attempted to be sixth volume of his Criminal Cases, p. 477, and was de- illustrated and explained, in $ 580 of my last edition. cided by Monaban, C.J., in 1854. I could have wished Let us, then, with the light afforded by Lord Cranworth's that you had dealt with that authority in a loss cavalier judgment, see how the matter stands with respect to Mrs. style. First, apparently oblivious of the faot that you had Rodd's statement. The question to be tried was not whether in yoor letter severely lectured "young Tyro" for being Bedingfield, or Jones, or Styles had committed the murder. misled by the marginal note of a report when he has Had such been the issue, your lordship, in conformity with Acquired more experience, he will know better "-you take the case of R. v. Megson, should have rejected, not the DO step to protect the publio from being misled in a whole statement of the woman, but merely Bedingfield's similar manner. Nay, you improve apon Tyro's practice name. Her exclamation, as admitted, would then haveron by quoting and turning into ridionle, not the whole thus:--"Oh aunt, see what has been done to me," instead ** summary," but a mere extract from it, and then of “Oh aunt, see wbat Bedingfield has done to me." leaving the remaining, portion, which showed what Bedingfield's name would have been withheld because, the reporter meant, wholly annoticed. Here is the first, it had nothing to do with the question how her throat passage that you have
" The deceased came to be cut, and next it was a matter in wbich the had died from the effects of a wound in his head most truthful person could easily have been mistaken. inflicted with a stick. A girl in the neighbourhood And a judge, in the exercise of a sound discrohad beard a cry, and, coming ont, had found the deceased tion, might well come to the conclusion that, withstanding with his cap in his hand, and apparontly weak and out the test afforded by cross-examination, such & injared. The deceased did not survive more than a few statement of recognition could not safely be admitted. hours. Held, the statement made by deceased to the witness Bnt in the trial before your lordship no such question arose. immediately on her coming up, complaining of the injury, The simple point to be decided was whether Mrs. Rudd's was admissible in evidence, being part of the res gestæ. throat had been cut by herself or by Bedingfield. Surely, What becomes now of the assertion that, if the marginal on such an issue, it was most material to ascertain, if note correctly represented the law, "statements made many possible, what both parties had said at the time of the hours after the occurrence might be treated as part of the infliction of the wound, or immediately before, or immeres gesta"? Why is this unfounded onslaught made on Mr. diately after. The rejected statement was made directly Cox? Was it to wound the learned judge through the ribs after the principal event; it illustrated that event in a of the reporter? If not, what object could be gained in striking manner; it was the natural expression of the alluding to him? What could it signify whether he had woman's feelings at the time; it was the strongest evidence stated the law rightly or wrongly? The question was whether that she had not cut her own throat ; and in Lord CranMonahan, C.J., had understood the law and properly applied worth's forcible language it was "& complaint that a it. and here, again, you have not stated the result of dreadful outrage had been perpetrated upon her.” I canthe trial with your usual accuracy. You say that the not under these circumstances--notwithstanding the high deceased asserted he had been "robbed by the prisoner.". authority of yourself and Mr. Justice Cresswell, supported This is not correct-what he did say was that he had as you are by two judges and two editorg-entertain a doubt. been "robbed by the man who walked with him from that Mrs. Rudd's statement was admissible in evidence, and the cross-roads. This was a very different statement, ought, if pressed by the counsel for the prosecution, to have and if the question of personal identity was in any way been received. involved in the trial, tho difference was one of material I might here add a cloud of other authorities illustrative of importance. Then what was the ruling of the judge with the principle which I have undertaken to support. But I rorespect to the contemporaneous character of the state- frain; for, if your lordship is not convinced by the four cases ment? On objection being taken to its admissibility, the I have already cited, neither would you be persuaded witness, in reply to a question from the court, said, ** The though I brought to your notice a dozen more. As to Mrs moment I came up to him he spoke to me." It was tben, Justice Cressweil's supposed decision in R. v. Osborne, all I and not till then, that "his lordship ruled that what the need here observe is, that, to my mind at least, the landeceased said was evidence as part of the res gesta,"—and guage put into the judge's mouth is so grotesquely indecent, whatever doubts your lordship, or the learned editor of the and so curiously illogical, that I decline to comment upon las edition of Rassell on Crimes, may entertain on the it further than to express my surprise that you should have subject, I respectfully maintain that the decision is used it up as your forlorn hope. perfectly sound law. It was acquiesoed in at the time, You ask me whether I approve of the American decisions for the prisoner was convicted, and no attempt was made on the subject of res gesta, to which you have referred in
your letter, and I answer, without besitation, that I do not. commissioner to examine witnesses and take acknowledge As exponents of the English law, they seem to me to err as ments of deeds for the Australian colonios, and is also a far on one side of the true line of demarcation as yoor
colonial agent. lordsbip bas erred on the other.
Mr. ANDREW JOHNSTON, has been elected one of the “Bat deriving no assistance from the writers on this Chairmen of Quarter Sessions for the County of Essex, in branch of the law," you have magnanimously determined succession to Mr. Richard Wingfield Baker, resigned. to assume the province of tbe anthor, and “to solve the
Mr. HENRY LATHAM, solicitor, of Congleton, has been difficulty by your own efforts.” If anyone could have suc
elected Clerk to the Congleton School Board. Mr. Latham ceeded in sucb an undertaking you were the man, and I was admitted a solicitor in 1870. only wish I could honestly congratulate yon on your I have read the twenty lines of your definition,
Mr. George MUMFORD, solicitor, of Sudbury, has been 1h an earnest desire to derive enlightenment from them, but
elected Clerk to the Magistrates for that borough, in succes
Mr. Mumford was I confess, that after the perusal I have found myself enveloped sion to Mr. Joseph Scott, resigned. in a fog, dense as that by which I am now, as I write,
admitted a solicitor in 1862. surrounded. I can perceive that you intend to exclude the
Mr. ROBERT WILLIAM SPOTTISWOODE PINKEY, barrister, statement in question, but I read that “what may be said by has been appointed to act as Government Pleader and the suffering party” “in the case of fight or applications for Publio Prosecutor at Karachi. Mr. Pinkey is a graduate assistance, forms part of the principal transaction, and may
of University College, Oxford, and was called to the bar at be given in evidence.” If this be a correct definition, and
Lincoln's-inn in November, 1877. there is any meaning in words, cadit questio; for undoubtedly Mr. RICHARD MONTAGU PREston, and Mr. FRANCIS the woman, when she made her exclamation, was in flight VAUGHAN-WILLIAMS, have been appointed joint Registrars or applying for assistance. But I read on, and I find in a of the Wrexham and Llangollen County Courts (Circuit, subsequent page that your “flight" has a peculiar signifi- No. 29, Horatio Lloyd, Esq., judge), in succession to the cance, and ihat your “ assistance" is of a limited character late Mr. Augustus Henry Reid. Mr. Preston is a solicitor quite different from what is the ordinary meaning of the of twenty-five years' standing, and is local solicitor word. Here then are definitions upon definitions, till to the London and North-Western Railway. Mr. Vaughanthe mind becomes bewildered and abandons the ex Williams, who is the son of the late judge of the above planation in despair. I turn again to your first defini. circuit, was admitted in 1878, and has acted as deputy. tion, and I learn that statements made by the com. registrar of the above courts since the date of his admission. plaining party, after all action on the part of the wrong
Mr. John Douglas SANDFORD, barrister, has been apdoer has ceased, “with a view to the apprehension of the offender," must be excluded. If that be so, a cry of "stop
pointed Inspector of Prisons at Mysore. Mr. Sandford was thief" forms no part of the res gestæ; and if the pick
educated at Trinity College, Oxford, where he graduated
first class in Literæ Humaniores in 1855. He was called to pocket, when taken, declares that the purse found upon him was given to him by the loser of it, that plausible story judịcial commissioner for Mysore and Coorg.
the bar at the Inner Temple in Trioity Term, 1870, and is must go to the jury without the antidote afforded by the proof of the cry. This—which I may fairly describe as a reductio Mr. Thomas SLANEY, solicitor, of Newcastle-under-Lyme, ad absurdum—appears to flow inevitably from the words has been appointed Registrar of the Newcastle County Court
but I hesitate to express a clear opinion respecting (Circuit No. 26), on the resignation of his father, Mr. Robert your lordship's meaning, as I find in a passage, when you Slaney. Mr. T. Slaney was admitted a solicitor in Trinity are quizzing the learned American professor, you conjure up Term, 1873. the vision of a thief, running away with your purse, and Mr. GEORGE Somes, barrister, has been elected your calling to a policeman to tell him you have been robbed Chairman of the Second Court at the Surrey Sessions, in by the man who is disappearing in the distance. Here you succession to the late Mr. William Frederick Harrison, is obviously mean to imply that your statement to the police an M.A. of Worcester College, Oxford. He was called to man would form part of the res gesta. In the midst of the bar at Lincoln's-inn in Michaelmas Term, 1871, and has these counter-illustrations I remain much in the same practised on the Midland Circuit. state as the poor peace-officer who had to interpret the “ frantic gestures
Mr. MATTHEW WILLIAM THOMPSON, barrister, has been of Bedingfield; and all that I have learned is that Dr. Greenleaf was not far wrong when he
elected Chairman of the Midland Railway Company. Mr. observed tbat it was “ difficult, if not impossible, to
Thompson is the eldest son of Mr. Matthew Thompson, of
Manningham Lodge, Yorkshire, and be was born in 1820. bring this class of cases within the limits of a more particular description.” The phrase "res geste” does not stand
He was educated at Trinity Hall, Cambridge, and was
called to the bar at the Inner Temple in Michaelmas Term, alone in this respect ; but many more legal terms-as, for
1846. example- "surrounding circumstances when applied to a testator, res inter alios actæ,” “reasonable diligence or
Mr. SAMUEL TILLEY, solicitor (of the firm of 'Tilley & skill," ," “negligence,” and a score of other expressions, must
Soames), of 10, Finsbury-place South, has been appointed a be left unfettered by useless definitions, and be determined in
Commissioner to administer Oaths in the Supreme Court of each case, either by the judge or the jury, in the exercise of Judicature. a sound discretion.
Mr. CHARLES Turner, solicitor, of Cambridge, has been appointed Clerk to the Magistrates for the Bottisham Division of Cambridgeshire, in succession to Mr. Frederick Grain, deceased. Mr. Turner was admitted a solicitor in
1876. Appointments, Etc.
Mr. GEORGE LEADBETER WINDGATE, solicitor, ofs,
Angel-court, Throgmorton-street, has been appointed a Mr. HENRY CONNOR, Chief Justice of the Supreme Court Commissioner to administer Oaths in the Supreme Court of of the Colony of Natal, has received the honour of Knight- | Judicature. hood. Sir H. Connor is an LL.B. of Trinity College, Dublin, and he was called to the bar in Ireland in 1839. He was appointed Chief Justice of the Gold Coast in 1854, DISSOLUTIONS OF PARTNERSHIP. and acted for several months as governor of that settlement. He was appointed a puisne judge of the Supreme solicitors, Ivegate, Bradford, (Lees, Senior, & Wilson).
THOMAS SENIOR and CHARLES MAURICE WILSON, Court of Natal in 1864, and Chief Justice of the colony in 1874. He is also a member of the Executive Council of
December 31. (Gazette, January 2.)
CHARLES EDWARD MORRIS and WilliAN HUGHES MORRIS, Natal and judge of the Vice-Admiralty Court.
solicitors, 4 and 5, Quay-street, Carmarthen (Morris & Mr. E. G. Davies, of Crickhowell, in the county of Morris). (Charles Edward Morris will continue the busines, Brecon, has been appointed a Commissioner to administer
on his separate account.) December 31. (Gazette, January Oaths.
6.) Mr. J. PERRY GODFREY, of Gray's-inn, solicitor, bas been JAMES WooD, HENRY FISON KILLICK, and FREDERICK appointed a Commissioner to receive Affidavits to be used in Douglas HUTTON, solicitors, Bradford, York (Wood, any Court of Record in the Province of Quebec. Mr. Killick, & Hutton). (So far as relates to the said James Godfrey was admitted in Trinity Term, 1860, and is a Wood, who retires from practice ; business will henceforth be