The National Register. — London, England, 1821-07-09 00:00:00

I IMPORTANT QUESTWN RELATIVE TO THE TRIAL BY JURY. HOUSE OP LORDS, JULY 2. WOLFE, APPLLLANT. The appellant in this case was une of the parties who, together with Kinnear and others, was indicted and convicted in the Court of King's Bench a b out a year and a half ago tier what was at the time termed the Com mercial conspiracy. lit the course of the trial, it will be remembered, the court adjourned, and the jury, by the erection and permission of die court, were allowed in the interval to at large. 'I his separation of the j.iry was subsequently made the ground fur an application for n:w trial, in support of which some attempt was made to shew that one of the jurymen had been tampered with, but it failed, the party who had sworn the ath• davit not beiog to be found as described ; the applica however, was refused, upon the groomd neat nu proof had been given that any injury had been suAained by the party in consequence of the jury having separated, thus leaving the question of law, witether or no the jury could legally be allowed to separate before verdict given in a criminal Case, wholly untouched. A writ of error forum *ohs was subsequeinly obtained, arid the case heard belOre the judges, woo delivered the judgment sot as it is termed i. e. without afsig,ning their reasons, affirming the previ , ms decisions in the Court of King's Bench, refusing the tiew trial. In this manner the case came on by writ of et Fur in the House of Lords, on Monday, for the reversal of the whole proceedings upon the asAnuption of the illegality of the separation of the jury. After hearing the aratuneuts of counsel on both sides, The Lord Chaucelldir took a view of the proceedings in the case and remarked upon the circumstance that the new trial had been refused upon the gromid, as appeared from the (millions expressed by two oldie judges, whose speeches he quoted, that no injury had been sustained, as no proof had been given that toe jury had been tam pered with. Without meaning the sl.ghtest 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 capantlity of event knowing the tact, and still leas of being able to give it in proof. An Mill% idual might tamper with a jury 111.11: t%ItiIOUL tne fact oeing 'shown to ally one but themselves; and as such tampering was in law a misdemeanour, both in the juryman and the person tampering with hini, they would 110 doubt, as was their interest, take every precaution that the fact should not be disclosed. TUC dpieitnin of had been avoided altogether in Me decision of the court against granting a new trial. To obtain the decision of the court upon this point recourse had Breit had to the writ of error cornea n4is, but ore jmlges had in that ease de livered their jo.l.nnott bitentio ; their lordships %sere therefore kit witninit any opinion v.iliatever of the judges 1.11/011 the law of the que:,11011. In the present case, thretrii the a ioption of this practice, their lordships were called iipiur 1:,)t t i reverse or confirm a judgment in I,oc delivered in the courts below, for no opinion on the bite had been given by the judges, but to decide the quests nr or law theiliSeirc, , . Ti:is lie considered was nut witinii the proviuce of that hoase, as the high court of appeal, and would amount to the making of a law ui on toe subject, which, in that house, as one branch only of the legislature, would be an assumption of unconsti tutional authority. He felt 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 every case of appeal before that house, where the judges had omitted giving their opinions upon the law of the question below, he should shove that they be called upon to deliver them in that house. His lord ship concluded by moving, that the 12 judges be directed to attend that house on Friday next, at le o'clock, which was ordered accordingly. COMMON HALL. On Wednesday last a Caauwon Hall was held for the purpose of receiving the return of the hers 'idled, front the Sheriffs, and the return of the Court of Alder men. The Common Serjeant, after haein3 read the Sheriff's statement of the numbers polled, which was the same as that already before the public, retired with the Sheriff's and reported the proceedings to the Conn of Aldermen. On his return he declared Alderman Gamut and Mr. Venable, to be duly elected Sheriffs for the ensiling year. Alderman Garrett and Mr. Venables ret u rned thanks to the livery for the honour they had done them. Mr. OLDHAM came forward, and said lie had the ho. nuar to propose the thanks of the Ilan to the present Siterifik, fur the strict impartiality and gentlemanly matt• ner which they had evinced during the election. The motion was put and carried unanimously, and it was mined tnat the resolution should be inserted in the usual morning and evening' papers. Sheriff WAITHMAN said it was most grateful to him to meet with the approval of his fellow citizens, and cape eniby when he felt convinced, from cotiscon nous feelings, that such approbation was not undeserved. But although the exertiona required of the Sheriffs, in this contest, had been so little—easy and passive as had been their duties —although he had kept the premise made to his consti tuents on taking up the (Oh :4., to abstaih laum interfentig in its office, wins party polities, or leaning to either the one side or the other—although he had been utterly in the dark, from the comungicemvitt of the election, as to the line of conduct that would be adopted ; yet, day after day, he had been a-imited in one of the public newspapers, and charged with being the promoter of the contest. For the twents-five years that he had been iu public life, he ab s tained - from noticing the a t ta c ks that bad been made upon him hunt 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 h ld 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, reSpeCilllg some transactions in the 111601- vent debtors' court, in which he had been engaged some time since. Now, lie would say to the liveryy, that if he did no other service while he was in the !louse of Commons, he had succeeded in exposing that Cann.— Ile had shown that out of twenty millions of the money of the citiZ7llS, which went through it, not one penny came out of it in the shape of dividend. lie had himself succeeded in convincing the conunittee of the House of Commons of this, and procured a report (or a vote, we do not know which), condenming the court, and had occasioned the dismissal of the commissimer.—Under tirese circumstances it seas no great wonder that the calumny found its way into the world, and it was no great wonder that it found its way front those individuals through the paper alluded to. if it would gratify his calumniators to know that they hail dune hint an essen tial injury they might have that satisfaction, for no man who had been attacked as he hat beets could escape private injury. The worthy Alderman animadverted on the cooduet and character of J. 13. Sharp, the liono• rary secretary of the Constitutional Association, whom Ile Charged with being one of Iris greatest calumniators Yet tins 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 (larva any one to examine into his character as a traikatuan in their own \Yard of Cam), where he had dealt to the amount of millions, and compare it with that of the secretary of the association, or even with that of the treasurer.—(rhis speech excited great feeling in the Sheriff WILLIAMS shortly returned thanks. Alter some further proceedings the Hall separated. The Lord Mayor, who for the first time presided, we are sorry to say, appeared to have suffered gfeatly from his recent indisposition. FASHIONS FOR JULY. PROSIENADE DRESS.....A. cambric muslin gown, trimmed at the bottom of the skirt with clear muslin bouillonne, la in in waves; each wave is embroidered round the edge, and the trim. 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. EVENINO DRIL6S.—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 same material, and this is surmounted by a trimming composed of net puffs;_ their fort ., is that of a crescent; they are let in nrcgulatly, and to a consitlerable height. EMI:U.I/11 SIIMDIER C itut,tae DIIESS.—Round dress of India muslin, with a bouilionne ornament of muslin at the bot• 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, and fall over the bust, with antique crossings of pale pink satin, and with robings richly embroidered, and edged to correspond with the pink nyileaux across the stomacher. nExcii WALKING'. Daess.—ltound dress of lilac Gros is Napier: the corsage flutist at the back en rerbe ; the border of the dress trimmed with distinct stripes of 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 same of the distinguished members of the Cale Drantatique ; amongst whom we were glad to observe Miss Carew. They performed " God sass the King," which called forth the customary conflicts between, we will not say rival parties, luit 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, fbr instance, loudly joined in the burden of the Air—" Glid save the King," and another party promptly, and quite as vociferously exclaimed " THE QUEEN ;" and when the loyalists joined in the line el Frustrate their knavish tricks," their opponents retorted with no ordinary vehemence—" Confound their polities." The Court party encored the per formance, and the opposite party, not to be behind hand, loudly supported the call for an encore, with the stipulation—" for the Queen, for the Queen !" It was accordingly repeated, the word " QUEEN" being substitt ted 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 former, and told well with the house. The opening Piny was Sheridan's Rivak ; the several perfiirmers were warmly greeted as they entered, and • hey were flatteringly applauded iu the progress of the Comedy. . _ Unfo riaranic accideni.—Wedne&lay morning Cie driver of a hackney coach, when turning the corner of Parliament -street, the hind wheel of his coach came in contact with the post with such violence as to upset the coach, and knock the driver from of his boa; by die lull 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, thr the supply of tile work house frith mutton, by the carcao, at threepence three fad hingr per pound. Il 5 EEECUTlON,—Wednesday morning was ushered in by the awful spectacle of the execution of the following six unfortunate individuals, viz. Charles Wade :red Robert Holding, for a burglary in the house of Mr. Brown, Graflou-sheet, Seven Dials; John Blakeney, for a h ighway robbery; Mathias George Driscol, for extorting money fruits a servant of the I)uke of Norfolk •; Ceplitis Quested, for un.awfully assembling with fire arms ou tile coast of Kent, and resisting the seizure of some suitugled goods; and John Shape, fur 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 pawns. Sorm after seven o'clock the Sheriffs (Messrs. Waithritan told 11111i:tins) arrived at the prison, and initnediaiely proceeded to the press yard, where Driscol and Blakency were attended by the Rev. Mr. Devereux, the Roman Catholic clergyinair. After praying some time tit irons were struck off ; they appeared extremely repentant, and were loud in their acknosyledgments to Mr. Brow ii the keeper, and to the Rev. Gentleman. Quested was then brought in ; lie shook hands with tile other pri soners, and assisted in removing his irons. The thane remaining tollottunate men were then br ,ught I. Suave, on entering die press yard, bowed to the pennant plesent, and maintained the utmost firmness; hr aduw nished Driscol for disturbing the other prisoners by tits exclamation. The awful procession then 'nosed through) the passages of the prison to the place of execution ; Blakehey ascended toe scaffold fist, followed by Driscul, Holding, %Vatic, and Snape, the latter of whom joins incotiversation with the Rev. Mi. Baker, the Dissenting Minister, discussilig various passages of scripture whin great composure, and concluded by saying, he hoped the desired example would have the intended effect. He expressed his anxiety as to the future welfare of his fa intly, shook hands with seseral 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 men were launched into eternity. After hangiug the usual time, their bodies were delivered to their friends, sonic of whom, we understand, are of great respectability —John Shape was a purser in the navy, a young man of most ret- • peciable family. His firmness and resignation to his fate, accompanied with a surpr.sing cheerfulness during the whole of his confirtement iu Newgate, excited the asto nishment of all %vim witnessed it, and his gentlemanly Illalliiers and persevering exertions in bringing his fello.v prisoners to a due sense of their religious duties, and the happiness of true Christians hereafter, were productive of the most pleasing effects, and rendered him a pattern among his unfor.utiate companions. He was a most excellent husband and father, and the parting of his wile and family was distressing beyond descripttuo. He has left six children, hve girls and a boy (the eldest only 15 years o:d), to lament Isis loss, and whally %sit:tout 1:le means of support. CORONER'S INIVEST.-011 Thursday alt inquest wt, held before Thomas Stirling, E-q. coroner, at No. it , Portland-place, on the body of C. Vomit Est i . M:.s. ter in Chancery, who put a period to tits existence nit Thursday mutting, by cutting his throat in a shocking manner.—lt appeared from tine evidence u( the butler ,f lite deceased, that on Tinos:lay morning he Was built. mooed to his ouster's dressiug wow; nit going there was ordered to bring some water, which he did, and ti!e deceased directed lion to come again in aim hour. He did so: flailing the door locked, ne looked toroogh cite key-hale, and perceived blood ou the floor; he gave itie alarm, and, with the assistance in the coachman ti.ta footitialt, forced open the door. On entering tile rot they discovered their master, sating ill a Chair, wish it s throat cut front car to ear. Medical attethiance tsas procured, but of no avail. Its answer to several questions from jurytneti, the winless stated, his master always en joyed good health, and on Wednesday evening rude oat, and was ins Ullusital gootl spirits —Mr. Haugliton, of Conduit -street, surgeon, stated, utak he was caned on to attend the deceased, and found nMt with his head nearl severed from his body ; he found two razors, eat Ott which Was favor . ; on tbe table, the outer on the gran..) itionediately under his right hand; he appeared to hose it se I both, theie being two incisions in his neck, and the witless supposed that the one on the tattle, trot beint sharp enough for Ms purpose. was laid aside, and the other tiscd.—This being the entire of the evidence ad duced beithe the coroner, the jury retired, and after sonic consultatiou returned the followittg verdict, " Thai tae deceased, Mr. Charles Thoinsori, put a period to h t , exustetice by cutting his throat iu a sudden ht of derang,e inent"—The surgeons opened the head of the deceased on Friday, and tomtit the ventricles of the tram much affected ; they Were of mbnicui gnat this brought ou Sad. deli derailiieiliellt, added to tile eff,:cis tai a paralytic stroke which be had a leo• years since. 'late deceased was much respected throu t thout she neighbourhood. EXTRAORDINARY SPITED.—Ott Weduesday 1). Crisp. the celebrated perks tun, re.urned to town trout Sta. 11100th where he was engatcd for a wager of 2.5 itultess to run Irons that place to the Castle-yard in E.eter, at al back attain 111 five hours, a distance of 3i notes, user./ hilly country. lie started literately at siX o'clock in nun witg, accompanied by two (mink:nen on horseback, amid arrived al the Castle.gate in El/eivr, tell minutes u. fore eight, performing the hrst lii mdea in 013 e nour atid fifty he res.ed twenty minutes and took some rehealittrent ; the gentleawn alit) the same, and procurci flesh horses, he then returned to Siditiotith, where tie arrived with ea e twenty minutes within the time .el. lost ed. On the 25111 id tins month tic is locoman:tor his lierculessi task of walking tow lodes in as malty successive half-hours at Nottingham, toeing half time time the same outtaber of ucles were performed by CaiVaiill Badclay. Great wagers depend on this match. On Friday morning five youths, who had convicted, at the last adjourned London scsaio.:‘, tat picking pockets, were whipped, according to their sentence, from the Obelisk- at liridgt..street to Blackfrio.rs-bridge, and back agaia.