The National Register. — London, England, 1821-07-08 00:00:00

IMPORTANT QUEITION RELATIVE TO THE TRIAL SY JURY. • HOUSE OF LORDS, JULY 2. WOLFS, AFPSLLANT. The appellant in this case was one of the parties who, together with Kinnear and others, was indicted and convicted iu the Court of King's Bench about a year and a half ago for what was at the time termed the Com mercial conspiracy. In the course of the trial, it will be I remembered, the court adjourned, and the jury, by the direction and permission of the court, were allowed in the interval to go at large. This separation of the jury was subsequently made the ground for an application for a new trial, in support of which some attempt was made to chew that one of the jurymen hail beets tampered with, but it failed, the party who had sworn the affi davit not being to be found u described ; the applica tion, however, was refused, upon the ground that no proof had been given that ally injury had been sustained by the party in consequence of the jury having separated, ' thus leaving the question of law, whether or no the jury could legally be allowed to separate before verdict given in a criminal case, wholly untouched. k writ of error omens notes was subsequently obtained, arid the case heard before the judges, who delivered the judgment sub silent* as it is termed i. e. without assigning their reasons, affirming the previous decisions in the Court of King's Bench, refusing the new trial. In this manner the case came on by writ of error in the House of Lords, on Monday, for the reversal of the whole proceedings upon the asAiniption of the illegality of the separation of the jury. After hearing the aratiments of counsel on both sides, The Lord Chancellor took a view of the proceedings its the case and remarked upon the circumstance that the new trial had been refused upon the ground, as appeared ft um the opinions expressed by two of the judges, whose speeches he quitted, that no injury had beets sustained, as no proof had been given that the jury had been tam pered with. Without meaning the slightest disrespect to the learned judges who had expressed this opinion, he must be permitted to differ from their reasoning, as he could conceive the possibility, and even the probability, of the party's having actually sustained injury without the capability of even knowing the tact, and still less of being able to give it in proof. Au individual might tamper with a juryman without the fact being known to any one hut themselves; and as such tampering was in law a misdemeanour, boils in the juryman and the person tampering whit him, they would no doubt, as %vas their interest, take every precaution that the fact snoold not be disclosed. The question of law had been avoided altogether in the decision of the court against granting a new trial. To obtain the decision of the court upon this point recourse had beets had to the writ of error vorans nobis, but the judges had in that case de livered their judgment sub silentio ; their lordships were therefore lett without any opinion whatever of the judges upon the law of the question. In the present case, through the adoption of this practice, their lordships were called upon not to reverse or confirm a judgment in law delivered in the courts below, for no opinion on the law had been given by the judges, but to decide the question of law themselves. This he considered was not within the province of that house, as the high court of appeal, and would amount to the making of a law ikon the subject, which, in that house, as one branch only of the legislature, would be an assumption of unconsti tutional authority. He telt it therefore of the greatest importance, and absolutely necessary, before their lord ships could decide this question, that the judges should be called upon to give their opinions whether or no it was legal to permit a jury, sworn to try a cause, to separate before verdict given ; and he wished it to be understood, that in eery case of appeal before that house, where the judges had omitted giving their opinions upon the law of the question below, he should move that they be called upon to deliver them its that house. His lord ship concluded by moving, that the 12 judges be directed to attend that house on Friday next, at 12 o'clock, which was ordered accordingly. COMMON HALL. Ott Wednesday last a Common Hall was held for the purpose of receiving the return of she numbers polled, front the Sheriffs, and the return of the Court ut Alder- Men, The Common Serjeant, after havin3 read the Sheriff's statement of the numbers polled, which was the same as that already before the public, retired with the Surat 's and reported the proceedings to the Court of Aldermen. On his return he declated Alderman Garratt and Air. Venahles to be duly elected Sheriffs for the ensuing year. Alderman Garratt and Mr. Venal)les returned thanks to the livery for the honour they had done them. .\lr. OLDHAM came forward, and said he had the ho nour to propose the thanks of the Hall to the present Sheriffs, Mr the strict tin partiality and gentlemanly man ner which they had evinced during the election. The motion was put and carried unanimously, and it was moved that the resolution should be inserted in the usual morning and evening papers. Sheriff %\ A ITIIMA N said it was most grateful to him to :nett with the approval of his fellow citizens, and espe cially when he felt convinced, front conscientious feelings, that such approbation was not undeserved. But although the exertions required of the Sheriffs, in this contest, had been so littlt—easy and passive as hail been their duties —although he had kept the promise made to his consti tuents on taking up the office, to abstailt fiotu interfering in its office, with party politics, or leaning to either the one side or the other—although he had been utterly in the dark, from the commencement of the election, as to the line of conduct that would be adopted; yet, day alter day, he had been a‘saillted in one of the public newspapers, and charged with being the promoter of the contest. For the twenty-five years that he had been in public life, he abstained front noticing the attacks that had been made upon him from that quarter. It was THE NATIONAL REGISTER not sufficient, on this occasion, that measures were charged as being his, but they had revived forgotten attacks, which had been made on him, in the shape of election squibs; but this was not sufficient, for they had revived atrocious calumnies on his private life and trans actions. A paper of that morning had revived a calumny against him, respecting some transactions in the insol vent debtors' court, iu which he had been engaged some time since. Now, he would say to the livery, that if he did no other service while he was in the House of Commons, he had succeeded in exposing that Court.— lie had shewn that out of twenty millions of the money of the citizens, which went through it, not one penny came out of it in the shape of dividend. He had himself succeeded in convincing the committee of the House of Commons of this, anu procured a report (or a vote, we do not know which), condemning the court, and had occasioned the dismissal of the commissioner.—Under - - - these circumstances it was no great wonder that the calumny found its way into the world, and it was no great wonder that it found its way from those individuals through the paper alluded to. If it would gratify his calumniators to know that they hail done him an essen tial injury they might have that satisfaction, for no man who had been attacked as he had been could escape private injury. The worthy Alderman animadverted on the conduct and character of J. IL Sharp. the hotio• rary secretary of the Constitutional Association, whom he charged with being one of his greatest calumniators Yet this was the man who was chosen as one of the guardians of the public morals. Perhaps it was on the principle of the old adage, that" an old smuggler makes the best exciseman." In conclusion the worthy Alder. man dared any one to examine into his character as a tradesman in their own Ward ul Cheap, where he had dealt to the amount of millions, and compare it with that of the sterefg the association; ur even with that of the treasurer. is speech excited great feeling in the Hall.) Sheriff WILLIAMS shortly returned dunks. After some further proceedings the Hall separated. The Lord Mayor, who for the first time presided, we are sorry to say, appeared to have suffered greatly from his recent indisposition. FASHIONS FOR JULY. PsoitsxAux Daps.—A cambric muslin gown, trimmed at the bottom of the skirt with deer muslin bouillonne, let in in waves; each wave is embroidered round the edge, and the uim ming is terminated by a full flounce of that sort of work which resembles point lace. High body, tight to the shape, finished round the bust by a narrow wave, to correspond with the trim ming of the bottom. Branum Dadss.—A round dress composed of British net over a white satin slip; the bottom of the skirt finished with a full double ruche of the Male material, and this is surmounted by a trimming composed of net puffs; their form is that of a crescent; they are let in irregularly, and to a considerable height. EMOLIIIII SUMMER. CARRIAGIE DlEM—Round dress of India muslin, with a bouillonne ornament of muslin at the but. tom of the hem. Above are two rows of broad letting in lace, in which foliage scalloping is most visible, and which is finely relieved by being lined with pink. The dress is made high, amid fall over the bust, with antique crossings of psie pink satin, and with robing* richly embroidered, and edged to correspond with the pink rouleaux across the stomacher. FaExcir WALKINS DaEss.—Round dress of lilac ar OS a Naples : the corsage fluted at the back en gerbe ; the border of the dress trimmed with distinct stripes 01 fluting, crossways ; the flutings forming a representation of bullion. The new Haymarket Theatre was opened on Wednesday night for the first time, and when the curtain rose there was a very full attendance of ele gant company. It rose about seven o'clock, and displayed some of the distinguished members of the Corps Drantatique ; amongst whom we were glad to observe Mum Carew. They pertinmed " God save Me King," which called forth the customary conflicts between, we will not say rival parties, but persons differing a little in opinion. The efforts to substitute particular words, or to apply certain pas sases, produced, at times, laughable effects. One party, tbr instance, loudly joined in the burden of the Air—" God save Me King," and another party promptly, and quite as vociferously exclaimed " TUE QUEEN ;" and when the loyalists joined in the line " Frustrate their knavish tricks," their opponents retorted with no ordinary vehemence—" Confound their politics." The Court party encored the per formance, and the opposite party, not to be behind hand, loudly supported the call tbr en encore, with the stipulation—" for the Queen, for the Queen !" It was accordingly repeated, the word " QUEEN" being substituted in many instances, by considerable portions of the audience —Mr. Terry afterwards stepped forward and delivered an Address on the opening of the Theatre, which in general was pointed and appropriate; it was recited in an earnest and impressive manner, that reflected credit on the per &ruler, and told well with the house. The opening Play was Sheridan's Rivals; the several pertbrmers were warmly greeted as they entered, and they ware flatteringly applauded in the progress of the Comedy. Unfortunate accident.--Wednesday morning the driver of a hackney coach, when turning the coiner of' Parliament-street, the bind wheel of his couch came in contact with the post with such violence as to upset the coach, and knock the driver from off his box ; by the fall he dislocated his neck, and was otherwise much hurt. He was carried to the hos pital by the bye-slanders. Fortunately there was no person in the coach at the time. Last week a contract was entered into by a butcher of Canterbury, for the supply of the work. house with mutton, by the carcase, at threepence threcjisrthings per pound. 213 EXlCOTloll.—MedlleAdly morning was ushered in by the awful spectacle of the execution of the following six unfortunate individuals, viz. Charles Wade and Robert Holding, for a burglary in the house of Mr. Brown, Grafton -street, Seven Dials; John Blakeney, for a highway robbery; Mathias George Driscol, for extorting money from a servant of the Duke of Norfolk ; Cephus Quested, for un.awfully assembling with fire arms on toe coast of Kent, soil resisting the seizure of some smuggled goods; and John Suave, for forging the signature of his superior officer, with intent to defraud. —Long before the hour of execution, the Old Bailey was crowded to excess by an immense assemblage of persons. Soon after seven o'clock the Sheriff's (Messrs. Waithsitati and Williams) arrived at the prison, and iinmediairly proceeded to the press yard, where Driscol audillakeney were attended by the Rev. Mr. Devereux, the Homan Catholic clergyman. After praying some time their irons were struck off; they appeared extremely repentant, aod were loud in their acknowledgments to Mr. Brow'', the keeper, and to the Rev. Gentleman. Quested was then brought in ; lie shook bands with the other pri soners, and assisted in removing his irons. The dirt e remaining unfortunate men were then lwought to. Shape, on entering the press yard, bowed to the perso. s present, and maiuiained the utmost fi eu; lie admo nished Driscel for disturbing the other prisoners by his exclamation. The awful procession then misted through the passages of the prison to the place of execution ; Blakeney ascended toe scaffold first, lellowed by Driscol, • Holding, Wade, and Smite, the latter of whom joined in conversation with the Rev. Mt. Baker, the Dissenting Minister, discussing various passages of scripture wills great composure, and concluded by saying, he hoped the desired example would hive the intended effect. He expressed his anxiety as to the future welfare of his fa mily, shook hands with sevenl gentlemen, and hoped this would be a salutary warning to them. lie then ascended the scaffold with a firm step, and in a few minutes the fatal drop fell,and the unfortunate mei, were launched into eternity. After hanging the usual dine, their bodies were delivered to their friends, some of whom, we understand, are of great respectability —.Lillis Shape was a purser in the navy, a young matt of must re,- 'movable family. His finnuess and resignation to his tate, accompanied with a surprising clieerlulness daring toe whole of fin COlifilleillent in Newgate, excited the asto nishment of all who witnessed it, ailul his gentlemanly manners and persevering exertions in bringing his fello.v prisoners to a due sense of their religions dunes, stud tile happiness of true Christians hereafter, were productive of the most pleasing elects, and rendered him a pattera among his unfortunate companion,. He was a illoSt excellent husband and father, and the parting of his wile and family was distressing beyond description. He mut • left six children, five girls and a boy (the eldest only 15 years old), to lament his loss, and wholly without toe means of support. CORONER ' S IN QUEST.—On Thursday an inquest held before Thomas Burling, Esq. coroner, at N i. 14, Purtlantl-place, on the body tat C. cliummit, ter in Chancery, who put a period to his exist,. nee ...t Thursday morning, by cutting Ins tliniat itt a shocking t appeared from the evidence ul the butler the deceased, that on Thursday morning be was boat.. Minted to his ~raster's dressing room ; on g • g there he was ordered to bring sonic water, which he did, ~lid tile deceased directed I to conic again in an I . lit did so: finding; the door locked, lie lo•iked through toe key-hole, and perceived blood on the door; he gave tile alarm, and, with the aFtistance of the coachman a. 1.1 footman, curved open the door. On entering the run they discovered their master, sntitig in a chair, wits his throat cut front ear to ear. Me..ical attetidaitc.: was procured, hut of no avail. In answer to several titiest:inis front jurymen, the wlllielis stated, his master Aiwa s en joyed good health, and on Wednesday et g curie u it, and was in unusual good spirits —.AI r. Haughtoo, of Conduit -street, surgeon, Slated, that lie was Callett 00 to at:eutl the deceased, and found him wills his neat' nearly severed trout his body ; he found tau razors, o.ie , it which was laying on the table, the Other on hie groo.al immediately under Ills right hand; he appe aril to used both, there being two ilicisimmos um his neck, and the witness supposed that the lille tau ttie table, sharp enough for Ills purpose, was laid aside, and tile other used.—This being We enure of the evidence (limed before the coroner, the jury retired, and alter sma.ua consultatiou returned the followilig verdict, ** lust tile deceased, Mr. Charles Thoinsou„ put a period to nil existence by cutting his throat in a slidileii fit Of dertinic ' Ilielit. " —The surgeons Opelled the head 01 the dece.orti • on Friday, and tomtit the ventricles of the brain affected ; they were of opinion that thus tumult' on deraugement, added to the effects tar a para:joi.: stroke which he nail a to.. years sauce. Time deceased was much respected thrott4l t the neighbourhood. EXTRAORDINARY SPEeD.---011 Wedi.eialay D. Cr..p, the celebrated pedestrian, re mimed to town Into ~ua mmiouth where he was engaged orfora wager of 'l5 gnome is to rilli from that place to the Castle-yard in &tiler, a.i 1 back again in five hours, a distaiiCe of 31 oiler, inmr hilly country. He started precisely at six ~'cluck in 1:14 morning, accompanied by two grin testiest on Iltntieb".W4., and armvo at the Cast le.gate in Exeter, ten atilt:nib :me lore eight, performing ihe first In miles to one hour allsi kitty ittunutve; he rested iw.:tity ttttt tea and took sonic retresliment i the gentlemen old the souse, and procure" fresh horses, he turn returned to fi, n 'Jere tie arrived with care twenty nunmes tsunm the time al lowed. On the 25th tag tills mouth tie is to co: nee nis Herculean task mil walkout lOW similes 111 as SUCC:!..SIve mall-hours at Nottitignana, heitig half the the s one innither of nits were perturused is) (7.,p alrieldy. Great wattris depend on till* match On Friday morning five youths, who liz:rt convicted, at the lust adjourned London session:, cif picking pockets, were whipped, accorilitrg us thcir sentence, from the Obelisk at Bridge-strew to Blacktriars-bridge, and back again.