Gregory v Tavernor

JurisdictionEngland & Wales
Judgment Date06 December 1833
Date06 December 1833
CourtHigh Court

English Reports Citation: 172 E.R. 1241



S C 2 Nev & M. M. C 175

Before Mr. Baron Gurney (who sat for the Lord Chief Baron). Dec. 6th, 1833. gregory v. tavernor. (If a room be continually used for the purpose of music and dancing, it will be for the jury to say whether it is not kept for those purposes , and a room kept for drinking, music, and dancing, is within the stat 25 Geo II. c 36 If a witness refresh his memory from entries in a book, the opposite counsel may cross-examine (a) See the case of Thompson v. Motely, ante, vol. v. p. 301. BURGESS V. CUTTILL 8 CAR. & P. 281 on those entries, without making them his evidence, and the ]ury may see the entries if they wish to do so ; but if the opposite counsel cross-examine as to othet entries in the same book, he makes them his evidence ) [S C 2 Nev & M. M C 175 ] Debt upon the stat. 25 Geo. II c. 36, for keeping an unlicensed room for music and dancing. It appeared that the defendant kept a public-house in Gravel Lane, called The King WiHiani the Fourth, and [281] that there was a room m it from forty to fifty feet long, with a bar at one end, at which beer and spirits were served, and boxes at each side of the room ; and that in the space between the boxes, on eleven difterent nights on which one of the witnesses was at the house, as many as fifty persons were dancing, while two persons played on violins, and a third on a bass, the musicians being seated on elevated seats. One at the witnesses for the plaintiff referred to a book to refrehh his memory as to the times at which he had been at the defendant's house, and as to what had occurred there. Bompas, Serjt., cross-examined on these entries. Gurney, B -Perhaps the best way would be to have the memorandum read Follett, for the plaintiff.-If it is read, it must be read as the defendant's evidence Gurney, B.-The memorandum itself is not evidence ; and particular entries only are used by the witness to refresh his memory The defendant's counsel may cross-examine on those...

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12 cases
  • R v Britton
    • United Kingdom
    • Court of Appeal (Criminal Division)
    • 9 March 1987
    ...thereupon become an exhibit. 13 The cases upon which that common law rule is based, and to which we have been referred, are these. Gregory v. Tavernor (1833) 6 C. & P. 280. At page 281 Baron Guerney observes as follows: "The memorandum itself is not evidence? and particular entries only are......
  • Leopardstown Club Ltd v Templeville Developments Ltd
    • Ireland
    • High Court
    • 29 January 2010
    ...IR 15 MARITIME JURISDICTION ACT 1959 (CHARTS) ORDER 1959 SI 174/1959 MURPHY MURPHY ON EVIDENCE 7ED 2000 PARA 16.6.2 GREGORY v TAVERNOR 172 ER 1241 1833 6 CAR & P 280 SENAT v SENAT 1965 P 172 1965 2 WLR 981 1965 2 AER 505 OWEN v EDWARDS 1983 77 CR APP R 191 1983 147 JP 245 SNOWDEN v BRANSON ......
  • Steven George Pregelj and Iris Wurramura v Gary Frederick Manison [NTR]
    • Australia
    • Supreme Court
    • 22 December 1987
    ...Normandale v Brassey (1970) SASR 177 R v Turnbull (1943) 44 SR (NSW) 108 R v Stephens (1866) LR 1 QB 702 R v Medley (1834) 6 C and P 292; 172 ER 1241 Barney v Akroyd (1872) LR 7 QB 474 Timbu Kolian v R (1968) 119 CLR 47 R v Payne (1970) Qd R 260 R v Sweet (1972) QWN 28 Kaporonovski v R (1......
  • Rex v Rose
    • South Africa
    • Invalid date
    ...(7th ed., p. 454); Rex v Black (1923. AD 388); Pillay v Cross (1937, (2) Prentice Hall F.98); Gregory v Tavernor (6 C. & p. 280 and 172 E.R. 1241) Payne v Ibbotson (27 L.J. Ex. 341); Rex v Lennsen (1906 T.S. 154); Lacey & Co. Ltd. v Desai & Co. (1927 T.P.D. Cross-examination on the document......
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