Cases cited in argument in the Exch. Chamber. thority before me, reject it, though there was a sort of duress there. For myself, I have always thought, that in order to a statement made by a prisoner being received as evidence against him, it must be free from all duress of oath or otherwise; that it must be, to all intents, a voluntary statement." The learned Judge received the evidence, and the jury found the prisoner guilty. He, however, reserved the point; and the question was argued before the Judges, in Trinity Term following, by Dundas for the prisoner, and Starkie for the crown. In the result, the Judges were of opinion, punishment as for a contempt of that house, the declarations were not voluntary, and could not be admitted for the purpose of criminating the defendant. But Abbott, J., was of opinion, that the evidence was admissible. The defendant was found guilty. Semble, that the learned Judge afterwards expressed himself as follows:-" I think there must be some mistake in that case; the evidence must have been given without oath, and before a committee of inquiry, where the witness would not be bound to answer."-Gilham's case, R. & M. 203. See the following cases as bearing upon the subject:— R. v. Lewis, 6 C. & P. 161; R. v. Tubby, 5 C. & P. 530; R. v. Howarth, Greenw.'s Stats. 137; R. v. Gilham, R. & M. 203; Smith v. Beadnell, 1 Campb. 30; Stockfleth v. De Tastet, 4 Campb. 10; Ex parte Burlton, 1 Glyn & Jam. 30; Robson v. Alexander and another, 1 M. & P. 448; Ex parte Beeston, 1 Mont. & M'Arth. 244; R. v. Britton, 1 Moo. & Rob. 297; Tucker v. Barrow, 7 B. & C. 623. that the evidence was admissible and the convic tion proper. EXPENSES. Lewen's and Others' Case. DURHAM Sp. Assizes, 1836. The prisoners were charged on the coroner's Under the inquisition with murder. words, "in otherwise carrying on such The offence was committed in a small township prosecution," not far from the city of Durham. in 7 Geo. 4, c. 64, s. 22, extra expenses which had been incurred getting up to be reim a prosecution, ordered The inhabitants, who were a small community and extremely poor, had shewn great zeal and in activity in getting up the case, and had been put to considerable expense in so doing, which they were but ill able to afford. bursed. s. 22. Under these circumstances, Sir G. A. Lewin was instructed to move the court, that certain expenses might be allowed over and above those usually allowed on taxation by the officer of the court. In support of his application he referred to the statute 7 Geo. 4, c. 64, s. 22, by which it is provided, 7 Geo. 4, c. 64, "That the court before which any person shall be prosecuted or tried for any felony, is hereby authorized and empowered, at the request of the prosecutor, or of any other who shall appear on recognisance or subpoena to prosecute or give evidence against any person accused of felony, person to order payment unto the prosecutor of the costs and expenses which such prosecutor shall incur in preferring the indictment, and also payment to the prosecutor and witnesses for the prosecution of such sums of money as to the court shall seem reasonable and sufficient, to reimburse such prosecutor and witnesses for the expenses they shall have severally incurred in attending before the examining magistrate or magistrates and the grand jury, and in otherwise carrying on such prosecution." And he submitted that the words, "in otherwise carrying on such prosecution,” were sufficiently large to include the expenses applied for. Lord Denman, C. J., after time taken to consider, granted the application; and the clerk of assize made out the order for all the expenses incurred, except the attendance of the witnesses before the coroner. But the depositions taken before the coroner he allowed for*. YORK Sp. Assizes, 1836. Under the word "erertions," in 7 G. 4, c. 64, s. 28, a gra Womersly's Case. The prisoner was indicted for robbery. *The ultimate expense which fell upon the township did not exceed 201. had displayed great courage in apprehending the tuity awardprisoner. ed to a prosecutor for his courage in Parke, B., on referring to 7 Geo. 4, c. 64, apprehending s. 28, said, "I am authorized, under the word 'exertions,' to allow the prosecutor a gratuity. I therefore make an order that 57. be paid to him by the sheriff*.” Mary Durkin's Case. the prisoner. YORK Sp. Assizes, 1837. The prisoner was indicted for an attempt to Held, on an *The words of the statute are "Where any person shall appear to any court of Oyer and Terminer, &c., to have been active in or towards the apprehension of any person charged with murder, or with feloniously shooting at, or attempting to discharge any loaded fire arms at any other person, or with stabbing, cutting, or poisoning, or with administering any thing to procure the miscarriage of any woman, or with rape, or with burglary, or felonious house breaking, or with robbery on the person, or with arson, or with horse stealing, bullock stealing, or sheep stealing, or with being accessary before the fact to any of the offences aforesaid, or with receiving any stolen property, knowing the same to have been stolen, every such court is hereby authorized and empowered to order the sheriff of the county in which the offence shall have been committed, to pay to the person who, &c., such sum or sums of money as to the court shall seem reasonable and sufficient to compensate such person for his expenses, exertions, and loss of time, in or towards such apprehension." indictment for "an 7 G. 4, c. 64, s. 28. attempt to murder by murder her child by suffocating it, and was con suffocating," victed. that the allowance of extra ex penses for apprehending was within Sir G. A. Lewin, for the prosecution, applied to the court to allow the extra expenses incurred the prisoner, by the constable in apprehending the prisoner, the spirit and and for his loss of time. He called the atten intention of the 7 G. 4, c. 64, s. 28, though not within the words. tion of the court to the fact, that the case was not within the words of the act of parliament, but suggested that it was clearly within the meaning*. Patteson, J.-" I am of opinion that it is within the spirit and the intention of the act, though not within the words. I shall, therefore, allow the expenses." FALSE PRETENCES. YORK Sp. Assizes, 1837. Held, that to under a Crossley's Case. By the 7 Geo. 4, c. 29, s. 53, it is enacted, that obtain money. If any person shall, by any false pretence, obtain from any other person, any chattel, money, dulent intent or valuable security, with intent to cheat or de mise to advise a bill, but with a frau to appro priate it to fraud any person of the same, every such offender the party's own use, and shall be guilty of a misdemeanor, and being con not to the purpose for * 7 Geo. 4, c. 6, s. 28, see the note to the last case. |