Next came on the pleading on the rule _nisi_ for a new trial on the point of fact as to whether Clarke's writ (which specified no act of voting) had not been issued before the act of voting on which it was afterwards formally founded. This was heard on 2nd and 3rd December by Justices Denman and Hawkins, who went into the details with minute circumspection. Bradlaugh explained that his argument involved a charge of wilful perjury against James Stuart, the clerk employed by Newdegate's solicitor, who had been a principal witness in the previous trial. He further pointed out that Newdegate's secretary, Hobley, had given a hopeless set of contradictions in cross-examination; and after the notes of that evidence had been read, Mr Justice Denman observed: "I am bound to say that after the searching cross-examination, which no counsel could have conducted more ably, it is hardly wonderful that Mr Hobley was very confused." It required no more than the reading of the rest of the evidence to satisfy the judges that the case for a new trial was fully made out; and they stopped Bradlaugh in his argument to say so. In regard to the special point of the time of the division in which he voted, the actual evidence of reporters was against Bradlaugh, making it earlier than he did; but when the judges checked his calculations they could find nothing wrong with them; and the evidence discrediting that of Stuart was too strong to be dismissed. After a good deal of vacillation, Clarke and Newdegate decided to appeal against the decision allowing a new trial, Newdegate in particular having reason to avoid one if possible. § 14.