HARVARD UNIVERSITY LIBRARY 464130

THE STATE TRIALS COMMITTEE.

Viscount ESHER.

Lord ACTON.

*Lord LINGEN, K.C.B.

*Lord THRING, K.C.B.

*Lord WELBY, G.C.B.

Rt. Hon. LORD JUSTICE GENERAL OF SCOTLand.

Rt. Hon. ANDREW MARSHALL PORTER, Master of the Rolls in Ireland.

Rt. Hon. LORD ADVOCATE OF SCOTLAND.

*Hon. Sir ROBERT SAMUEL WRIGHT, one of Her Majesty's Judges. *Sir HENRY JENKYNS, K.C.B.

*Sir GODFREY LUSHINGTON, K.C.B.

*Sir FRANCIS MOWATT, K.C.B.

*Sir KENNETH MUIR MACKENZIE, K.C.B., Q.C.

*Sir COURTENAY ILBERT, K.C.S.I.

*Sir HARRY BODKIN POLAND, Q.C.

*Mr. THOMAS DIGBY PIGOTT, C.B.

*Mr. JOHN MACDONELL, C.B., one of the Masters of the Supreme Court of Judicature.

*Mr. FREDERIC HARRISON.

*Mr. THOMAS RALEIGH, Registrar of the Privy Council.

Mr. JOHN E. P. WALLIS, Editor and Secretary.

• The members whose names are marked with an asterisk act as a sub-committee.

91500.

Wt. 27042.

& 2

PREFACE.

The

THIS volume contains reports of trials and cases of constitutional interest between the years 1850 and 1858. materials made use of are stated at the end of each report.

A question of copyright as to some of these materials was settled by a payment to the owners of the copyright. The Committee desire to acknowledge the courtesy of Messrs. Stevens and Sons and of Messrs. Sweet and Maxwell who abstained from raising any question as to the copyrights belonging to them.

This volume will be the last of the present series, and the Index of Proper Names and Index of Subjects are indices to the whole series.

Since the publication of the last volume, the Rt. Hon. George Denman has died, and the names of Sir Courtenay Ilbert, K.C.S.I., and Mr. Thomas Raleigh, Registrar of the Privy Council, have been added to the Committee.

As already observed, the Committee are in no way responsible for the statements contained in any of the cases; and they were not, in their choice of trials to be printed in full, guided by any opinion which they might entertain as to the conclusions arrived at by either judge or jury on any

occasion.

June, 1898.

vi

TABLE OF CONTENTS.

THE QUEEN AGAINST ROBERT PATE:

Trial of Robert Pate at the Central Criminal Court before Alderson, B., Patterson, and

Talfourd, JJ., for assaulting the Queen, Thursday, July 11th, 1850

WADSWORTH AGAINST THE QUEEN OF SPAIN:

DE HABER AGAINST THE QUEEN OF PORTUGAL :

Proceedings in the Court of Queen's Bench on motions for prohibitions as to

attempts to attach the property of foreign sovereigns under the custom of foreign

attachment in the City of London, before Lord Campbell, L.C.J., Patterson,

Wightman, and Erle, JJ., May 10th and 28th, 1851

DIMES AGAINST THE PROPRIETORS OF THE GRAND JUNCTION CANAL :

Proceedings in the House of Lords in an Appeal to set aside a decree and orders from

the Court of Chancery on the ground that the Lord Chancellor had a pecuniary

interest in the suit. Present: Lord St. Leonards, L.C., Lord Brougham, and Lord

Campbell, June 23rd, 24th, 26th, and 29th, 1852

MILLER AGAINST SALOMONS :

Proceedings in the Court of Exchequer, on motion for judgment after special verdict,

in an action to recover penalties from the defendant, who professed the Jewish

religion, for sitting and voting in the House of Commons without taking the

necessary oaths, before Pollock, C.B., Parke, Alderson, and Martin, BB.,

January 26th and 28th, April 19th, 1852

Judgment of the Court of Exchequer Chamber on Writ of Error before

Lord Campbell, L.C.J., Wightman, Cresswell, Williams, and Crompton, JJ.,

May 11th, 1853

BROWNLOW EGERTON (AN INFANT) AGAINST EARL BROWNLOW AND OTHERS:

Proceedings in the House of Lords on appeal from a judgment of the Court of Chancery

on demurrer to a Bill in Equity, as to where the provisoes in a will, making the

enjoyment of great estates dependent on obtaining certain titles in the peerage,

were void as against public policy, June 23rd, 24th, 27th, 28th, 30th, August 1st,

12th, 19th, 1853

IN THE MATTER OF THE STATES OF JERSEY:

Proceedings before the Rt. Hon. the Lords of the Committee of Her Majesty's Privy

Council for the affairs of Guernsey and Jersey, as to the power of the Crown to

legislate for Jersey by Order in Council without the assent of the States of Jersey,

November 30th, December 1st, 2nd, 3rd, 1853

TAYLOR AGAINST BEST AND OTHERS:

Proceedings in the Court of Common Pleas on a rule to stay proceedings on the ground

of diplomatic privilege before Jervis, C.J., Maule, Cresswell, and Williams, JJ.,

January 12th, 30th, 31st, 1854

THE FRANCISKA :

Page

1

53

85

111

187

193

285

317

Proceedings in the High Court of Admiralty before Dr. Lushington, December 20th,

1854, January 27th, 1855, for condemnation of Prize for breach of blockade

Proceedings before the Judicial Committee of the Privy Council on appeal from the

High Court of Admiralty, July 26th, 27th, 30th, and 31st, August 1st, and

349