The Queen v John Christopher, John Smith, and George Thornton
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1850 |
| Date | 01 January 1850 |
| Court | Crown Court |
English Reports Citation: 169 E.R. 362
Crown Cases
S. C. 2 Car. & Kir 994; T. & M 225, 4 New Sess Cas 139; 19 L J. M. C. 103, 14 J. P 83, 14 Jur 203, 4 Cox C C 76
[536] 1850. the queen v. john christopher, john smith, and george thornton. (Witnesses before a committing magistrate were duly sworn and examined, and cross-examined by the prisoners minutes thereof were duly made by the clerk, and were then sent to his office to be copied as draft depositions The witnesses attended there also T , the copying clerk, while copying the minutes, asked the witnesses some questions for the purpose of making the depositions more correct, clear and complete, and inserted the answers m the depositions. The prisoners were not present The depositions thus written were taken back to the magistrate. The witnesses, in the presence of the prisoners, after being duly re-sworn, and after hearing the depositions read over to them, and giving the prisoners full opportunity of crosa-exammation, signed them The above circumstances appeared at the trial, and a material question was put to one of the witnesses as to something which he had said to T . in answer to one of the above questions so put to him by T It was objected and ruled that the answer would appear on the depositions, and that they must, therefore, be put in as primary evidence of the statement Held, that the question was legal, and that the answer formed no part of the depositions, but was wholly independent of them, and ought, therefore, to have been given ) [S. C. 2 Car. & Kir 994 ; T. & M 225 , 4 New Sess Gas 139 ; 19 L J. M. C. 103 , 14 J. P 83 , 14 Jur 203 , 4 Cox C 0 76 J The prisoners, Christopher, Smith and Thornton, were tried before Gilbert Henderson, Esq , Recorder of the borough of Liverpool, on the 22nd day of October, 1849, for felony. When the prisoners were first brought before the magistrate, and charged with the felony, the witnesses were sworn, examined by the magistrate, and cross-examined by the prisoners, and written minutes of the examination and cross-examination were made by the clerk to the magistrates, under the inspection of the magistrates. These minutes were then sent to the office of the clerk to the magistrates, and there delivered to a clerk named Tasker, who proceeded to write the depositions from tie minutes. The witnesses attended in the office, and in the course of writing the depositions, Tasker put some questions to each of them, for the purpose of rendering the depositions more correct, clear, and complete. The answers given to these questions were inserted in the depositions The [537] magistrate was not present, nor were the prisoners at the office of the clerk to the magistrates. The depositions having been thus written, the witnesses appeared again before the magistrates, and in the presence of the prisoners, were re-sworn , the depositions were read over to them, and a full opportunity was afforded for cross-examination before the depositions were signed by the witnesses. Under these circumstances appearing on the trial, the counsel for the prisoners proposed to ask one of the witnesses for the Crown the following question - " Did you not tell Mr. Tasker that you were watching the prisoner Christopher till a quarter before one o'clock ? " This question was material. The question had reference to what was said by the witness, m answer to some question put by Tasker, as above stated in the course of writing the depositions, I DEN. 338. THE QUEEN V. CHRISTOPHER, SMITH, AND THORNTON 363 and the witness's answer would, according to the evidence, appear on the depositions. The depositions were not read or tendered in evidence. The counsel for the prosecution objected to the question proposed, and the question was...
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R v John Christopher, John Smith and George Thornton
...of the prisoner, and signed by the witness and the magistrate, and returned to the Judge ) [Subsequent proceedings with annotations, 1 Den 536.] The prisoners were convicted at the general Quarter Sessions holden in and for the borough of Liverpool, on the 22nd day of October, 1849, before ......