CO129-137 - Sir MacDonnell - 1869 [4-5] — Page 60

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still in doubt notwithstanding the authorities which I cited, for he was strongly impressed with a case decided in Ireland (R v Tooke 7 Cox 244) although it is denounced as bad law in Taylor on Evidence Sec. 887 note 9, and is certainly not followed.

The following authorities are cited by me on the argument above referred to:

1 Taylor on Evidence section 803, 804, 805-807;

Baldry v R [Dev. C.C. 430];

Reg. v Baldy [Thanlon 1 Mov. C. C. 27];

Reg. v Ragan [17 Law Times N.S. 320];

R v Parker & Cox [C. C. 485];

Reg. v Jarvis [T. Coley 10 Cox C. C. 574];

R v Coley [10 Cox C. C. 533];

3 Russell on Crimes (8th ed.) 481.

I have since found in a Digest a recent case decided in Ireland (Reg. v Mary Johnson 15 Ir. L.T. 80) in which the Judges were decided in favor of the admissibility of such evidence. Reg. v Poole is therefore overruled.

The English cases decide clearly that such evidence (in the absence of any threat or inducement) is admissible though the Judges are opposed to the practice of Policemen...

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