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Q. So that Isaac Ludlam, the prisoner, was very often out of your sight?

A. Sometimes he was out of my sight, and sometimes in.

Q. He changed his place perhaps as much as you?

A. I cannot say much as to that; he was in the rear when I saw him.

Q. He was generally the last?

4. He was the last, or very near it; there were he and James Taylor.

Q. Seeing him there you suppose it was to keep the people up?

A. It was said by the company many times that he

was.

Q. He was not present when that was said, was he?
A. I cannot say.

Q. What you know of his keeping up the rear, was chiefly what you heard said?

A. Yes, and seeing him there.

Q. You did not see him?

A. No, except standing at the Glass House.

Q. But you are not positive you did not see him in other parts?

A. No; but when I recollect seeing him he was there. Q. But if I understand you right, you did not see him often in that situation?

A. He was there when I saw him; I cannot say more than I have.

Q. This is of importance to him, and affects his life, therefore you will excuse my pressing you upon it whether you saw him often?

A. No, I cannot say that I did see him often there.
Q. Had you known him before?

A. Yes I had; I wish I had never known none of them.

John Dexter sworn.

Mr. Denman.-Do not you live in the parish of Pentridge ?

A. Yes; I beg your pardon, Buckland Hollow is in Heage.

Mr. Richardson.-Is Heage a parish, or in any other parish?

A. It is within the parish of Duffield.

Mr. Denman.-Duffield is a very large parish?
A. Yes.

Q. Containing different townships?
A. Yes.

Q. Do you know how many townships there are in it?
A. No.

Mr. Richardson.-Is the town of Heage at some distance from Buckland Hollow?

A. Yes.

Mr. Denman.-What is Buckland Hollow, a single house?

A. Yes.

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Mr. Richardson.-This is a sufficient description of the place of abode, I submit.

Examined by Mr. Richardson.

Q. Were you in the month of June last servant to Mr. Wheatcroft?

A. Yes.

Q. On the night of the 9th of June were you disturbed? A. Yes.

Q. At what time?

A. About twelve or between twelve and one.

Q. What were you disturbed by?

A. By a desperate noise I heard in the yard, and the first word that I heard was▬▬▬▬▬▬▬▬

Mr. Cross.-My Lord, we are referring to the statute of Queen Anne, we have not quite abandoned the objection with respect to the description of this witness; it is provided, that a list shall be delivered to the prisoner, specifying the names, professions, and places of abode of the witnesses; the question is, whether the place of abode of this witness is sufficiently mentioned in the panel; the place of abode is described in these words, "of Buckland

Hollow, in the parish of Duffield, in the county of Derby." Now the evidence is this, that Buckland Hollow is the name given to a single house where the witness lives, and that the parish of Duffield contains a great many townships; now that being the case, I conceive this is not a sufficient description of the place of abode within the meaning of the statute which directs the place of abode to be described. I apprehend the correct mode of describing the place of abode of any person is by describing the township in which he lives, and that there is no other correct mode of describing a person's place of abode in a country situation ; if it were sufficient to describe the witness's place of abode as it is here described, it might be sufficient also to say of the parish of Duffield, or it might be sufficient to say of the county of Derby, and it might be contended, that describing the place of abode of the party to be in counties would be sufficient to satisfy the directions of this Act. In a parish containing a number of townships and a numerous population, it can hardly be expected that the prisoner can be enabled to obtain proper information respecting the residence of the party so as to enquire about him, unless the township is mentioned; for these reasons I submit, my Lord, that 'this witness has not been so described in the copy of the panel given to the prisoner, as will authorize the prosecutor to call him as a witness.

Mr. Denman. My Lord, I apprehend this objection is well founded; this person is not described as living in the township of Heage to which Buckland Hollow belongs, but in general terms as living in a very large parish, and that parish it appears comprehends many townships, of which one is the township of Duffield, being the name of the parish. I do not know whether I can put this better than by illustrating it in a supposed case from the place where my learned friend Mr. Cross resides, from the town of Manchester, which is not, I believe, a parish of itself, but a township belonging to the parish of Salford. Now, suppose that any person was to be described as dwelling in James-street, or any street in the parish of Salford, I would submit to your Lordship whether that could be con

sidered as a proper description within this act of parliament. My Lord, I apprehend it is of the highest importance that this provision of the statute be strictly and punctually enforced in every instance; and if your Lordships should see that by the rule laid down in any particular instance there be a possibility of introducing a relaxation of this particular provision, I am sure that your Lordships would feel bound to reject such a rule as might lead to such general cousequences. Now my Lords, the question is, whether the party here has a fair opportunity of knowing where the person so described resides; he knows John Dexter of the township of Heage, but he knows no John Dexter of the township of Duffield, and I do not know why those persons were to be considered as cognizant that the township of Heage is part of the parish of Duffield, it appears to me the description of the lone house should be first adopted, and that if any municipal division should be inserted that should be the smallest and least general and the most special the circumstances of the case will admit. If a man resided in the town of Derby, I should doubt whether it would be sufficient to say so; I should think that the parish also ought to be inserted, for that a prisoner ought to have the opportunity of knowing who are the parties to come against him, and of knowing by what witnesses, he might be able to contradict him as to facts he might be likely to prove, or the character of the man who was to come as a witness; it appears to me, with great deference to your Lordships, that this principle as to description cannot be disputed, and that if it is likely to lead to such consequences as I contend, your Lordships. will not admit any rule which can be so followed up.

Lord Chief Baron Richards. Mr. Attorney General, you need not give yourself any trouble; the Court do not feel the least doubt upon the subject. The witness is described as of Buckland Hollow, in the parish of Duffield;. and he swears that he is of Buckland Hollow, in the parish of Duffield; how can he be described more particularly? Mr Justice Abbott. Certainly every witness must be described, so as to be found; and the question is, whether

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this is not a sufficient decription. Buckland Hollow, I apprehend, according to the testimony of the witness, to be a place very well known; I do not know that its being inserted to be in the parish of Duffield, and in the township of Heage too, would have enabled persons to find it the better.

Mr. Justice Holroyd. It is evident that Buckland Hollow was a good decription, and sufficient to be known by the person for whose information the statute directs the notice to be given; the only object of requiring the description of the party to be given, is that the prisoner, or those acting for him, may know where to find him.

Mr. Justice Dallas. It appears to me, not having the least doubt upon the subject, casting my eye upon the notices, that they are all in this way; if this be bad, all are bad; I do not find township in any one.

Mr. Denman. I beg your lordship's pardon; if your lordship looks at the next; "Samuel Daykin, of Wood Linkin, in the township of Codnor," non constat that there is a township in other cases.

Mr. Justice Dallas. You may find a single instance; but I have not the least doubt upon the point; I pointed out that perhaps unnecessarily.

Mr. Richardson (to Dexter.) You stated that you were disturbed about twelve at night, by a great noise in the yard?

A. Yes.

Q. Were you in bed?

A. Yes; the first word I heard was, up, we must take you along with us." to the window.

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Q. What did you hear or see then? A. The first word I heard was, come down and open the door, we must have you along with us;" they said that again.

Q. From the window could you see any persons in the yard?

A. Yes, they stood just before the door, as it might be here, as I was looking out of the window.

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