was against the evidence; 2nd, that the verdict was against the Motion for Rule weight of evidence; 3rd, that the learned Lord Chief Baron did for New Trial. not sufficiently explain to the jury the construction and effect of the Foreign Enlistment Act; 4th, that the learned Lord Chief Baron did not leave to the jury the question whether the ship "Alexandra" was or was not intended to be employed in the service of the Confederate States to cruize or commit hostilities against the United States; 5th, that the learned Lord Chief Baron did not leave to the jury the question whether there was any attempt or endeavour to equip, &c.; 6th, that the learned Lord Chief Baron did not leave to the jury the question whether there was knowingly any aiding, assisting, and being concerned in the equipping, &c.; and 7th, that the learned Lord Chief Baron misdirected the jury as to the construction and effect of the seventh section of the Foreign Enlistment Act. W. H. WALTON, Q.R. Tuesday, 10th November 1863. Application APPLICATION TO THE COURT TO FIX A DAY TO MOVE TO MAKE to fix a Day for RULE FOR NEW TRIAL HEREIN ABSOLute. Argument. Mr. Solicitor General.-Would your Lordships allow me to ask you if it would be convenient that the case of the "Alexandra" should be taken upon this day week, that is to say next Tuesday. I have been requested by the Attorney General to put that question to the Court. Lord Chief Baron.-Of course the rule has been served. Lord Chief Baron. My impression is that the earliest possible day is that which the Court would make convenient for the purpose of hearing that argument. I need not remind you, Mr. Solicitor General, that although we are happy on any occasion to receive the courtesy of the Law Officers of the Crown in enquiring whether a day will be convenient to the Court or not, still we are in some measure bound to take the day which is mentioned by the Law Officers. Mr. Solicitor General.-Yes, my Lord; at the same time I was requested to put it to your Lordships whether next Tuesday would be a suitable day. Lord Chief Baron.-This day week? Mr. Solicitor General.-This day week. Lord Chief Baron.-Certainly. Mr. Baron Bramwell.-Had we not better consider this, that Wednesday is a special paper day, but I should think that when the argument was once begun we had better go on with it, had we not? Mr. Solicitor General.—I should think so, my Lord. Lord Chief Baron.-From day to day? Mr, Solicitor General.—From day to day. I should think that that would be the better course. Mr. Baron Bramwell.-I think that it had better be understood by the Bar, and be known that we shall not take the special paper on the Wednesday. Mr. Solicitor General.-It will be understood that the "Alexandra" case goes on from day to day? Mr. Baron Bramwell.-Yes; if it lasts over a day. Lord Chief Baron.-May I ask, Mr. Solicitor General, as you have mentioned the matter, whether there was a short-hand writer at the trial, both for the Crown and for the defendants? Mr. Solicitor General.-I believe there was, my Lord. I was not then in the case. Lord Chief Baron.-I am aware of that. Lord Chief Baron.-There is no doubt that there was a short- Application hard writer's note. Mr. Solicitor General.- No doubt, my Lord. Lord Chief Baron.-I think it right really to mention, with respect to myself, as we see mistakes made upon the matter, that there is no doubt there was a short-hand writer's note--that there is no doubt about? Mr. Solicitor General.- No doubt whatever. Lord Chief Baron.-Agreed upon by both parties. Lord Chief Baron.-And never objected to by me at all, on the contrary, accepted as the faithful record of all that passed. Mr. Solicitor General.-Yes, my Lord. Lord Chief Baron.—And I wish to state publicly here that I objected to the bill of exceptions in the first instance, and on the ground upon which I have continued to object to it. 66 Mr. Solicitor General.-Yes, my Lord. Lord Chief Baron.--I did so before the jury had left the box, instantly, the moment it was put into my hands, and my reason for not immediately arguing it or pointing it out was this, that there being a short-hand writer's note, I said, "Every word which "has passed has been taken down, there can be no doubt as to every syllable which has been uttered in Court, and therefore no "mistake can be made upon the facts, they are all agreed upon "therefore there is no occasion to argue the matter now. "have tendered a bill of exceptions, but if you wish to alter it conformably to a more correct view of the facts you can do so.” That was the substance of it. It is very true that I said "I will You "accept any bill of exceptions, but of course that must mean, "I will accept any bill of exceptions which is warranted by the "record of the evidence." Mr. Solicitor General.-Of course, my Lord. Lord Chief Baron.-I wish that really to be distinctly and publicly understood and known. Mr. Solicitor General.--Quite so, my Lord. Of course there is no misunderstanding about this, that now the rule is substituted for the bill of exceptions. Lord Chief Baron.- And I have no doubt, Mr. Solicitor General, that you will agree with me that there being clearly a right of appeal, the proceeding by this motion is far more beneficial to the Crown than going on the bill of exceptions alone. Mr. Solicitor General.-If I might give an opinion, I should say far more so, my Lord. Mr. Baron Bramwell.-No doubt. Lord Chief Baron. Unfortunately the Attorney General became ill, and my communication with him ceased, but I was' about to suggest the propriety of bringing the whole matter before the Court, by motion, instead of going on with the bill of exceptions. Mr. Solicitor General.-Your Lordship did make some suggestion of the kind, I think. 8341. E to fix a Day for Argument. Application to fix a Day for Argument. to. Lord Chief Baron.-Yes, I believe I did. Lord Chief Baron. My memory upon the subject was appealed There is nothing of the sort. The record of the facts was agreed upon between us, and there is no doubt whatever that the facts were unchangeable, and have never been changed from that moment to this. IN THE COURT OF EXCHEQUER AT WESTMINSTER. BEFORE THE LORD CHIEF BARON, MR. BARON BRAMWELL, MR. BARON CHANNELL, THE ATTORNEY GENERAL v. SILLEM AND OTHERS. ARGUMENT ON MOTION TO MAKE RULE NISI FIRST DAY.-Tuesday, 17th November 1863. Lord Chief Baron. Mr. Attorney General, have you anything ARGUMent. to move? Mr. Attorney General.-My Lord, in the case of the Attorney General v. Sillem, I believe that in point of form I ought to move to make the rule absolute. Lord Chief Baron.-That you ought to do. Mr. Attorney General-I make that motion. Lord Chief Baron.-Sir Hugh Cairns shows cause. Mr. Attorney General.-Yes, my Lord. Sir Hugh Cairns.- My Lords, before I proceed to address your Lordships, I may perhaps be permitted to ask whether it is proposed by your Lordships that the notes of the evidence should be read before the argument proceeds. Lord Chief Baron. -If you think that desirable, of course I will read the notes. Sir Hugh Cairns.-No, my Lord, I cannot at all say that it would be what we should ask, because it will be my duty in the course of the observations which I have to offer to comment upon parts of the evidence, and it might perhaps lead to my reading what your Lordships had already heard. Lord Chief Buron.-There is a published copy of what took place at the trial, which, generally speaking, is correct enough,there are some verbal inaccuracies in it, one of which I shall have occasion to point out, probably, in the course of the argument. But the learned Attorney General the other day in moving for the rule went over a very great part of the evidence. The Court, I believe, is already in possession of the case as much as if it heard the evidence. If I recollect rightly, the evidence occupied the greater part of two days, and unless you think it necessary that it should be read by the Bench, that is to say, by myself, who presided at the trial, I own that I do not think that it is necessary for the argument. 1st Day. |