Worcestershire in the Nineteenth Century: A Complete Digest of Facts Occuring in the County since the Commencement of the year 1800Turberville, T. C.
History
Worcestershire in the Nineteenth Century: A Complete Digest of Facts Occuring in the County since the Commencement of the year 1800
Turberville, T. C.
Worcester (England) -- History
1843—At the Easter Sessions the committee appointed in Mr. Ellins’s case
were about to bring forward their report, when Mr. R. Scott and Mr. R. M.
Mence moved that it should not be read, as the matter was one altogether
out of the jurisdiction of the court, and with which they had no right to
deal. On a division, 20 hands were held up for its being read, to 9
against it. The report was then read, and stated the committee to be of
opinion that “Mr. Ellins was the moving party to the publication in the
_Worcestershire Chronicle_, of a most gross and unfounded libel, imputing
corruption and jobbing to W. H. Ricketts, Esq., in the execution of his
duty as a magistrate and member of the police committee, in carrying into
effect the orders of the court.” Mr. Hanford and the Rev. Thomas
Pearson, as members of the committee, declared that though they believed
Mr. Ellins to be a party to the libel, they did not believe him to be the
sole party, as the report seemed to convey. Mr. Scott moved that the
report be rejected. The court had no right to take any judicial notice
of the acts or character of any of its individual members; and nothing
could be more dangerous than for a judicial body to exceed its
jurisdiction. Mr. Scott condemned Mr. Spooner for bringing this matter
forward at the previous Sessions without notice. Mr. Benson also spoke
against the reception of the report. The chairman had always had doubts
as to the propriety of their moving in the matter, but thought it
discourteous to the committee to reject the report, and it was received
by a majority of 28 to 11. On the question of transmitting it to the
Lord Lieutenant, there was another division, 20 voting for that course
and 11 against it.
1843—At the Midsummer Sessions, Lord Lyttelton addressed a letter to the
court, enclosing one from the Lord Chancellor, with his opinion that the
proceedings of the magistrates in Mr. Ellins’s case had been very
irregular. Lord Lyttelton trusted the magistrates would feel it their
“duty carefully to avoid any similar proceedings for the future;” and he
requested that his letter might be entered upon the records of the court.
Mr. Spooner thought they had a perfect right to do as they had done, and
moved that the letter be not entered on the records. The chairman said
he had always considered their proceedings irregular, but thought Lord
Lyttelton’s “lecture” might just as well have been left alone. The
consideration of the letter was at last postponed till the next Sessions.
Public-domain text, read in full here on John Shaqi.
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