The Queen against Sarah Virrier
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1840 |
| Date | 01 January 1840 |
| Court | Court of the Queen's Bench |
English Reports Citation: 113 E.R. 833
IN THE COURT OF QUEEN'S BENCH.
S. C. 4 P. & D. 161; 9 L. J. M. C. 120.
lSAD.ftB.817. THE QUEEN V. VIRRIER 833 [317] the queen against sarah virkier. 1840. Perjury was assigned on the following averments in evidence given by defendant. 1. That A. promised V. 61. for his vote. 2. That A. gave V.'s wife a sovereign. 3. The same, substantially, as 1. Evidence was given on each assignment. The Judge, in summing up, said that the case raised, in effect, two points; first, as to the bribe given ; secondly, as to the promise. Dividing the case in this manner, he commented on the facts, and stated that he did not see how, on the evidence, the defendant could be convicted on the first point, but left it to the jury whether there was not a strong case on the second. The jury (after retiring) found a verdict of not guilty on the first assignment, for want of sufficient evidence, and guilty on the second assignment. The verdict was so entered. The Judge did not, at the time, make any note of his summing up, but did so afterwards; and, having a distinct remembrance of it, and no doubt of the jury's intention, he (on summons) allowed the postea to be amended by entering a verdict of guilty on the first and third assignments, and not guilty on the second. Held, that the-amendment ought not to have been made, there being no note of a Judge, or other document to amend by. Order rescinded. But, Held that, where there is such note or other document, the verdict may, on proper grounds, be amended in a criminal as well as in a civil case. Indictment, for perjury, stated that a committee of the House of Commons had been appointed to try an election petition, which complained of bribery and corrupt promises to voters: that before the election, viz. on July 6th, &c., A., and B., and others, went to the house of V., situate, &c., for the purpose of soliciting him to vote for B. at th& said election : that defendant was sworn before the committee, touching the premises, and it became a material question whether, at the said time when A. and B., &c. so went to the said house, &c., A. said he would give V. 61.: that defendant falsely swore before the committee touching the matters and merits of the election and the matter of the petition, that before the election a canvassing party came to V.'s house, situate, &c., and A. and B. came in, and A. asked defendant how V. meant to vote, and being told that he would " give one and one," approved of it, and said he would give V. 61. (meaning that at the said time when the said A. and B. and the said other persons so went as aforesaid to the house of V. for the purpose of soliciting him to vote for B., A. said he would give V. 61.). Assignment of perjury, that A. did not at the said time when, &c. (as in the innuendo) say that he would give V. 61. Held, on motion in arrest of judgment, that the innuendo sufficiently referred to the introductory matter before stated to have been the subject of the material question, and did not enlarge the sense of the words set out; and that the indictment was good. [S. C. 4 P. & D. 161 ; 9 L. J. M. C. 120.] The following indictment for perjury was removed into this Court by certiorari. " Central Criminal Court to wit. The jurors," &c. " that heretofore, to wit on," &c. (21st November, 1 Viet.), "one Henry Bush, &c." (naming others), "did present a certain petition in writing to the lower House of Parliament of our said lady the Queen, then held at Westminster, to wit in the parish of St. Margaret, Westminster,, in the county of Middlesex, directed to the Honorable Commons of Great Britain in Parliament assembled, touching and concerning the election of one Francis Henry Fitzhardinge Berkeley, then lately before [318] returned to serve in the said Parliament Archdeacon of Middlesex (London, 1841). In the preface the author states his own opinion of the result in the following terms: " I venture to express the opinion, that the precedents here published will satisfactorily prove that when the necessity of repairing a church, or of providing the necessary ornaments for divine worship according to the rites of the Church of England, has been proved by presentment either in the Consistory Court of the diocese, or before the bishop or archdeacon, or their officials or surrogates, at their visitations judicialiter sedentes, the ecclesiastical Judge in such case, whether bishop, archdeacon, official, or surrogate, has power to authorise and command the churchwardens to call a meeting of the parishioners, and at that meeting to make a rate, or cause it to be made, with or without the consent of a majority of the parishioners," S. K. B. xlii.-27 834 THE QUEEN V. VIRRIER 12 JUJ. ft E. S19. for the City and county of Bristol, thereby setting forth, among other things," &c. The indictment stated the petition, which alleged that at the time of the election the petitioners were electors for the said city and county; that at the said election William Fripp, Philip William Skynner Miles, and the said F. H. F. Berkeley were candidates: "That the said F. H. F. Berkeley by himself, his agents," &c., "and by persons employed in his behalf, before and at and during the time of the said election, was guilty of open and extensive bribery and corrupt practices, in order to procure persons, having or claiming to have a right to vote at the said election, to vote for the said F. H. F. Berkeley at the said election, and to forbear to vote for the said W. Fripp, and in order to procure the said F. H. F. Berkeley to be returned to serve in the said Parliament, contrary to the law and custom of Parliament and the laws and statutes of the realm enacted for the prevention of bribery and corruption : that certain of the agents and managers of the said F. H. F. Berkeley, being also at the time of the said election trustees of divers public charities within the said city, and by virtue of such office entitled to dispose of the funds of such charities according to the respective trusts," &c., "before at and during the said election were openly guilty of variou* corrupt acts, and employed undue influence and other illegal and improper means, and gave and caused to be given divers sums of money," &c., "arid made and held out divers promises, expectations, and inducements, with respect to the monies proceeding from the said charities," &c., " to several persons having and claiming to have a right to vote, in order to procure them to vote at the said elec-[319]-tion for the said F. H. F. Berkeley, and to forbear to vote for the said W. Fripp, and in order to procure the said F. H. F. Berkeley to be returned to serve in the said Parliament for the city and county aforesaid :" that bribery and treating were also practised at the election, and that the return of the said F. H. F. Berkeley at the said election was procured by means of such bribery, treating, and other illegal practices: that F. H. F. Berkeley obtained a colourable majority over Fripp, in violation of the rights of the petitioners, &c., whereas a majority of good votes was given and tendered in favour of Fripp, and he ought to have been returned, &c. And the petitioners prayed that the House would declare Fripp duly elected, and Berkeley not duly elected, and cause the return to be amended accordingly, or would grant such further relief, &c. The indictment then proceeded as follows. "And the jurors," &c. "That long before and at the time of the said election there had been and were divers public charities within the said City of Bristol, the funds whereof were managed, distributed, and disposed of by certain trustees, and a portion of which funds it had been usual and customary for the said trustees to give and dispose of to divers persotis on or about the festival of Christmas in each and every year; and one Thomas Carlisle for a long time, viz.," &c., "next before the said election, had been, and at the time of the said election was, a trustee of divers of the said public charities, and in such character had the distribution, management, and disposal of divers of the said funds, and of divers portions thereof, which it had been usual and customary so to dispose of at the said festival of Christmas as aforesaid. And the jurors," [320] &c. "That shortly before the said election, viz. on the 6th day of July in the 1st year aforesaid, the said T. Carlisle, the said F. H. F. Berkeley, and other persons, went to the house of one William Virrier, situate in Adam and Eve Passage, in the said City of Bristol, for the purpose of soliciting the said W. Virrier to vote for the said F. H. F. Berkeley at the said election." " And the jurors," &c. " That afterwards, viz. on the 15bh clay of February in the year aforesaid, in the said lower House of Parliament, viz. in the said parish of St. Margaret," &c., " Charles Wood Esq." and others (named), " they being members of the said lower House of Parliament, where in due manner according to the statutes in such case," &c. "chosen, nominated, and sworn to be a select committee to try and determine the merits of the said election of the said F. H. F. Berkeley so returned," &c., "and to try the matter of the said petition. And the jurors," &c. "that the said persona so chosen, nominated, and sworn as aforesaid afterwards," viz. on, &c., " at a certain...
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