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therein specified became and were material; that the defendant swore in the negative of those questions; and proceeding in the usual manner to affirm the truth of the propositions, negativing what the defendant had sworn.
On the part of the prosecution, the magistrates' clerk was called
“ Ann Jones, of,” &c. “I first became acquainted,” &c. “ Richard Newall, the defendant, sworn, says, I know the complainant,” &c.
It being admitted that there was no other evidence forthcoming of the proceedings before the justices,
Huddleston, for the defendant, submitted that the original summons must be produced, or notice to produce it served on the defendant.
Powell, for the prosecution, submitted that that was not necessary, and cited Reg. v. Newman (21 L. J. 75, M. C.); where, on an indictment for perjury at the Central Criminal Court, charging the prisoner with having committed the perjury on the trial of one D., on a previous indictment for a misdemeanor in the same court, it was held that the minutes and entries of the trial of D., made by the officer of the court, and produced by him on the trial of the indictment for perjury, were good evidence to prove that D. had been so tried, as alleged, and that it was not necessary to produce any record or certificate of the trial of D. In the present case, moreover, the court would take judicial notice of the statute giving justices the power to hear the complaint of the mothers of illegitimate children, and to make orders upon the putative fathers for their maintenance.
WIGHTMAN, J.—The statute provides that, upon complaint by the mother, the justice shall have power to summon the putative father before him, and, upon the appearance of the person so summoned, or upon proof of the service of such summons, to hear and adjudicate upon the case. A summons is therefore necessary to give the magistrates jurisdiction; and to prove that they had jurisdiction in this case you must prove that the defendant was duly summoned, either by production of the summons or by secondary evidence after notice to the defendant to produce it. The minutes of examination in this case are no more than the minutes of a short-hand writer, and only answer the purpose of refreshing the memory of the witness.
The witness, in answer to questions put to him by the learned judge, said that the magistrates made an order on the defendant. There were three original orders. One original order was deposited with the clerk of the peace, another was served on the
defendant, and the third was kept by the person serving him. No notice to produce had been given to the defendant of either the summons or order, and neither of the other orders were in court.
WIGHTMAN, J.-What evidence is there of the charge? If you could show the woman's charge, then the witness might state what the defendant said. But here you have neither the woman's charge, the summons, nor any notice to produce, nor the order, but a mere note of the evidence.
Powell applied to have the trial postponed, in order that the necessary evidence might be procured; but
WIGHTMAN, J. refused the application, the defendant being in charge.—(To the jury:)—It is to be regretted that the ends of justice may be defeated in this case; but the evidence is deficient for want of a notice to the defendant to produce.
The defendant was accordingly acquitted.
Powell partidence refused the map to be more time
REG. v. DEAN. (a)
by her, with reference to a former transaction affecting her chastity. The prosecutrir, on a charge of rape, having, on cross-examination, said
that she had herself been charged with stealing money, and on that occasion had accounted to a police constable for the possession of the money, by stating that it was given her for not complaining of a person who had insulted her by solicitations against her chastity, but denied that she had said the money was given her for having connexion with him; Held, that the prisoner could not call the constable as a witness, to
contradict the prosecutrix, by proving that she had said that the money was given her for that purpose. THE prosecutrix, who was a servant girl, was cross-examined Tas to a charge of stealing money made against her by a former mistress, and the statements she had made on that occasion. It
(a) Reported by J. E. Davis, Esq., Barrister-at-Law.
appeared that her mistress had lost the sum of fifteen shillings,
STAFFORD SPRING ASSizes, 1852.
(Before Mr. BARON PLATT.)
Reg. v. FOSTER. (a)
Maliciously damaging machines— Statute 7 & 8 Geo. 4, c. 30, s. 4What is a “ damage" within the statute - Machine or engine-Malice
-Intent to destroy or to render useless. 1. The silling beneath an engine employed in crushing puddled balls of
iron, and rolling them into bars, is a part of a machine or engine within the statute 7 & 8 Geo. 4, c. 30, s. 4, which makes it felony if any person shall unlawfully and maliciously cut, break, or destroy, or damage with intent to destroy or to render useless, any threshing machine or any machine or engine, whether fixed or moveable, pre
pared for or employed in any manufacture. 2. A displacement of a machine is within the same statute ; therefore
placing a sledge-hammer within the jaws of the squeezers of the machine, which had the effect of displacing and depressing the silling and brickwork underneath, causing a trifling injury, but not preventing
the working of the machine, is a damage within the statute. 3. The intent to destroy or to render useless is a question for the jury,
and may be inferred from the mere act causing the damage. 4. It is unnecessary under this statute to prove express malice, for every
thing wilfully done, if injurious, must be inferred to be done with malice. THE prisoner, Abraham Foster, was indicted for damaging a I machine employed in manufacture, the property of Bernard Gilpin and another, on the 12th of February, 1852, at the parish of Cannock, in the county of Stafford.
The first count of the indictment alleged that the prisoner on the 12th day of February, 1852, at the parish of Cannock, in the county of Stafford, a certain machine then and there being employed in a certain manufacture, to wit, in the manufacture of iron (the said machine not being employed in the manufacture of silk, woollen, linen or cotton goods, or goods of any one or more of those materials mixed with each other or mixed with any other material, or any framework knitted-piece, stocking, bose, or lace),
(a) Reported by J. E. Davis, Esq., Barrister-at-Law.
there certain nadamaging the prisoner.
of the value of 2001., the property of Bernard Gilpin and another, and then and there feloniously, unlawfully and maliciously did damage, with intent then and there to destroy, the said machine, against the form of the statute, &c.
In a second count, the damage was alleged to be done with intent to render the machine useless.
A third count charged the prisoner with feloniously, unlawfully, and maliciously damaging, with intent to destroy and render useless, a certain machine of Bernard Gilpin and another, then and there being, &c.
George Brough, the engineer to Messrs. Gilpin and another, the prosecutors, who were manufacturers of iron, was examined as a witness, and stated that at half-past five o'clock on the morning of the 12th of February, he was at the door of the rolling-mili engine-house, and within sight of the puddling furnace and squeezers. He saw the prisoner, who was a workman in the employment of the prosecutors, coming down the race (an iron pathway on which the puddling balls are conveyed from the furnace to the squeezers) with a sledge-hammer, which he was drawing along with tongs towards the squeezers, the same way as if he was engaged in drawing a puddling ball. He brought the sledgehammer in this manner, and put it between the jaws of the squeezers, the engine being then in motion. There is a sort of step in the lower jaw of the squeezers between the narrow and wide part, and the practice is to hold the puddling balls with the tongs in the wider part of the squeezers against the step, until by the action of the squeezers it is partially crushed, and then to remove it into the upper or narrower part of the squeezers. By this method the strain on the engine (worked by steam power) which would result from forcing the balls at once into the angle of the squeezers is avoided. The prisoner put the hammer into the upper part of the squeezers, and the witness immediately heard a loud report, as of a blow, shaking the building. The witness called out to the prisoner, who remained near the squeezers, * There, young man, you hare done something now." He made no reply, but took the hammer from the squeezers with the tongs, which he continued to hold. After the report the witness examined the squeezers, but perceived no mark. He then went into the surrhake and examined the carriaor of the syur-scheel of the engine and the rests. Ther Tere displaced. The silling of the carriage was also displaced. These injuries would not have ocurred if the sledge-hammer had not been put in. They could nof hare resulted from an ordinary pudling ball being placed in the squeezers
On cross-ersmination, the witness said that the connecting rod was displaced and lifted up, but the engine was not so much displaced as to prerent the work from going on. It continued to roll run inom bars, which are bars that are rolled out and cut up and beated again. The engine watinued to work for two dars, and then the usual stopping day intervened So part of the machinery was broken, only displaced