Court Of Common Pleas, Tu...
Mlr. Sergeant YELL thIS day rnoved for a new trial in this cause, on ibe following grou.nds:-st, On the ground that instructions ~ .",,.,-,ns ulW UItisl~bsfore the trial, which prevent- ed him making himsedfmaster ofthe case. 2dly. Ui'on theifficdavit of a person of the narne of Hendy, who ~statedtbat'the I ntiff told him at adinner party, in the month of November, 1922> that he had lent the horse to the defendant. 31y, That the Judge omi'ttu to read a certain letter to the jury in the summing up of the case,. Upon this point Chief Justice BEST here interrupted tne learned' sergeant.- * Brother Pedl-I will teU yoa from my notes what passed as to the letter. You read the whole of it yoauself to the jury, and I told them in my summing up, unles- they wished it read again I would not trouble them with it, when they one and illi said they were perfectly satisfied not to have itread again."g Mlr.. Sergeant PELL then proceeded, and afterwards finished hi;~ motion. Mlr. Justice PAknr then stated-It is my opinion there is no ground for a new trial; for as to the first point, that of counsel not- being sooner instructed, that was the fault of the professional ad- viser of the derendant- and if such a ground.were allowed, I anms sorry to say it, we should have no end of motions for new trials: and as to tbe affidavit of Hendy, I am dearly of opinion that a new' trial ought not to be granted on such grounds-it would be introduc. ing a most dangerous practice. I do Rot meat to say but that what may be stated in the affidavit may be true; butif allowed, it would be opening a door to the grossest perjury. MIr. Justice BUP.ROUGB.-I perfectly agree with my brotber Park, that there is no ground for a new trial in this case; it ia' idle to talk of conversation which takes place at a public dinner. I never heard of such grounds laid for a newirial befo.e. The Lord ChiefJusticeBEsT.-I agree with mylearned brothers that there is no ground wlhatever for a new trial in this case, I ma the whole of the evidence to the jury, and the case was left entirely in their hands-Application refused. I COURT OF COMMlION PLEAS, TUESDAY, JinJE 22. PARXINS V. COBBETT.