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1829. July 8th.
Collectanea
2
proceeded to point out a discrepancy between
the evidence of the two sisters, and stated that one of them
had sworn that the bill was settled in March, which
was before the rent was due, while the other swore
to a different opinion.
"Recorder: it is no such thing, Sir; the young
woman did not swear that it was settled in
March.
"Mr. Mirehouse: My Lord, I pledge you my honour
that she mentioned March; I took most attentive
observation of her words.
"Recorder: It is most indecent, Sir, to
contradict the Court in this manner: I pledge you
my oath that the witness said no such thing; and I desire,
Sir, that you will not repeat this conduct.
"Mr. Mirehouse: I was just about to address the Jury
upon the strong fact of this variance of evidence. Look at your
notes, my Lord, before you pledge yourself so positively. I
am borne out by my colleague in what I say.
"The Recorder: Sir, I have looked at my notes; I
desire that I may not hear this again.
"Mr. Burnaby (who was with Mr. Mirehouse): my
Lord, my notes exactly agree with my Learned Friend's, and
mark the variance between in the testimony of the two witnesses.
"Recorder: Sir, I desire that this disrespect
may end at once.
"Mr. Burnaby: my Lord, I have in the
Courts above often requested the Judges to refer to
their notes. It is a common practice, and their Lordships
never felt any offence at so reasonable a proposition.
The witness has said what my Learned Friend has mentioned.
"The Recorder: It is not so; or if she did, it was
a mere slip of the tongue, of which you take an undue
advantage.
"Mr. Mirehouse, then suddenly sat down, saying
to the Jury he should leave the case to them, and say
not a word more.
"The Recorder summed up at great length,
and
Identifier: | JB/109/285/001 "JB/" can not be assigned to a declared number type with value 109.
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1829-07-08 |
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109 |
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285 |
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001 |
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Collectanea |
1 |
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recto |
C2 |
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B&M 1829 |
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Arthur Moore; Richard Doane |
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1829 |
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35940 |
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