The Statesman. — London, England, 1820-11-24 00:00:00

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Commissariat Department, Trcusit (lasmbers. tent, that such a ron-truel;or might not tut be lint neon the Act, and lii. •ffil not thick that the ohieetion• to 16 could he better stated than they were stated • ti,' ani davit of the deponents, why, as.ionsrat to other Mar guments before the aster, addlieed ilmei l wing:— First, that neit'ter by the Stamte rivslating appuint ment of t.liecial duties, nor by env other acute, was the qualification of melt juries rendered different front that which was regitire'l of common jiffies. Seforiollr, that the potter of the King's Coroner was derived trot* the rule of Court, and that suds ride of Court, in ili - scribing the persons to be eppointed, defined (Lens Ly the conntion designation of ordinary invies. 'untidy, " free end lawful men," and nut by the desi:riptinit of esquire or otherwise. Thirdly, that the mode iu 1%14.4 inch power was to he exereist;d, was laid down by the worda "to nominate," which gave the coroner 'lin - right. and imposed upon him the duty of a Xinisterik eater only, namely, to " nominate or annonnce" ebq tames of the jurors only, and that the rule of Cenetlid not give the ioroner an elective faculty • and ,hat its-I it been the intention of the law to itivest ' alelolliitiee to. toner with the right of choosing the jors, to try lei muniesijn which the King It arprusecntratvffilm gclatinfiel lime ebstinetly authorised Lim to "select" oi ••• to see lect." and not to nominate only. Plitettiti:Alsn'Aits rule Of Court pointed out that such nominati•dt ji4orl"•_, take place in the presence of both parties, or "that agents, which would have been an mete', if nut an aila: surd provision, antl that the renown hunot a rielit of • consulting Isis discretion only in the persons to twat- twee!, but that the ob l ige' d. the law wait; !bat the pee'- . .., ties might see that toe coroner discharged Isis shun- . fairly as a oiinisteriabolficer only, in the tmlnitmtiott jf the jury. Fifthly, that hail it been the intemissin of the •. law to rest a discretionary pnwen iu au) oar iss!tge troy -• tsination of a special jur+. it would have been earn Ilr':. ' I sheriffs, who returned other jetties, anal wdo, fro:4 %sir 'residence within the several canna.% in a iitli tire tenses.. woeld Ise tried, muse lw suppesed to he isaiatted.w:t:fr t a i the respectability an 1 qualitieation of t ..Wrists dame& in the freeholders' brok, whereas die liing's fel-title% • . being in London, am! acting in the nomination of lipe-* • eial jurors Gm the whole of ltngland. It was eicat•Shisez be could not 2 )rare roper mat ailit. = ; silk It T ii tu i t t i .. make a selecti-,n. These mite W e,/novarntsi ?Lb , to the coroner at the time the pity was ...rue!:.. ti; Mr. Lusintstrenn, ff..- ..." • interposed. stud said, in sel'a statement, that Pout been of the Grand Jury, Dominated upon the /mei other names were substi those gentlemen. Mr. ifessiAN said, that self to the gen.wal arge power exercised by the but he did not mean to liter did substitute crawl that bail been first syleci. I ever, constituted the Preton.l the mode of nomination. ' Master of the Crown-office selection in this respect made, the Master said fourteen nausea until be *tit of the Minato} of withdrawn ; and upon . were certainly withdraws; Mr. Jostler flatter asked the Learned Conant. whe ther hr could cite any rase in whirl, it had been belit that a defendant bad a tight to hike a chance of latin.: tried and amjmittell, but upon being found guilty, era- '• '. afterwards at liberty to object to the i: • he in .teblebllie Jure was inipanelled ? Mr. Desna's replied, as lie said before that at present be was tint supplied with any such antliority. The Otter Jes•rice remarked, that as two tennisliait been so:cored to darn., during ebioi an applieatigi s :MAT have been made to the Court before trialt.ft it seemed to him to be now too la!e. The 1,1:1 nib• for' challenging the ar ray, requi red that the challenge should . . be before the trial. . . • . ,Mr..lustice ISEST—And that must he.upoq affidavit. • Mr. 111. - .Nui.:i ~,.id, that the rase now before the Court was upon affidavits, and he conceived that thi• was the only opportunity that the defendants boil of cor rectiiienny irregularity in the mode of forni:ng the impel. . ham:anat. tile Learned Judge, at the trial, r , (oak to allow the array to he challenged at that period, saving., ' that the opportunity for challeoging tin. SpecialJary. I .was gone by, and refits,. I to ap point triers to determine Ilion oath, whether the Jury bed been properly elloseo. It appeared to him, therefore, that the Judge ionise. properly refused to receive the challenge. The Learned Ponnsel submitted as a third objection, that one of 114. - jurors was not, in fact, eninnioned to attend until; tbri inernisor of the trial, namely, the ;Id of Augnst..uhereas the summons was for him to appear on the 23.1 Lf Jul;. This, lie contended, was a good greund of challenge to the array, and had been objected in rein at the trial. • He referred to Trials pr;• Petit 125, and to It. r: John son, Strange, 1,000, iii support of his argument. r b -. fourth and last ground of objection, -was, that flee Learned Judge refuse's to appoint triers to a•:ertaits whether some of the jurvmen had not expressed opinion. unfavourable to the defendants shortly before toe der ' ' appointed fur trial, which matter was suggested at - grusand of challenge fOr favour. On each and all of these grounds. he subthitted that a new trial ought to .• • begranted, fonteusling, that on geueral gronnds, ihero ought to be no distinction between Special and Cutenica • .. Jurors as to tie.. right of challenge. The Culler Jusytea then asked Mr. Hill, as he Bp peered for Major Cartwright, whether he bad any . additional remind testate is support of the motion. 1 Mr..HILL replied in the negative. Mr. Wootasit being a-ked whether be had any r • ::er objection to offer in addition to what had been t+•-n:. dotted by Mr. Denman, said, that he had another grucol to mention, namely, as to the marshalliUr of the pawl, an objection which had been discovered a few slur, s;n..e. A fientleman named Samuel Pencil, loft:, in the original panel, stood twelfth on the list, hot since then his name was placed fourteenth. The CHIEF Jr - sync said, having inquire.; how that happened, the reason assigned by the olfieer we.. nia: there being two baronets in the panel, their wises had been removed to the top of the list. as was 'lsis{ ert arcount of their superior rank, iiii4 :hat in ennsetinece of this, and for no other reason, Mr. Peswh's nano wa:: dlared lower down. Mr. Lams sold, he hail no other ground to ment ion 1 m' in addi , ion to those already stated. • air. Wooagn claimed the privilege of being heard. if • it sem not the pleasure of the Cotirt to entertain the apnlication after what had horn urged ty Mr. Dent.ol, tf osn. 'fbe (, tee Jesrice—We alionld'ci•rtainly bear y lit were necessary in this stage of the procee hug. The latter objection, that the name of .Mr. reach was Ey- fed Nov. IWO. VTICE is hereby 4rireit, Ma? the Arent for Commissariat Snppiirs is ready le reeelre Proposals for ap plying inch of his llitjests's Troops us wag he o wed in the 'lenity of B.lndlinent. in the county all with NigtT. Fon tor. COALt. and f ak i pm for One Year, from the 13th t!I December nest : m a p r e:sisals,. be sent in on or before Tnesda v. the IV. metaber• belt none will be reccir.d ujter avr es'elnelt sa that dew. Nonni:: mast be , rade for A. whole o the Articles: si p proposal remit hare the Letter whit 4u. annexed to tie no ir oreperly filled sp. by Tir Persons of harm properlr engaging to become b wad with the p pral tendering in the amount staled ie the printed -I. for the& .rfornotts tse Contract ;and ea a printed Pat-- n.Ol-.1,1 at trngth. hail 81110#1 applica tours cf nit 1411t1 ~• &IST /ND/A //DUSK. Nor. I. Iteiti. THE f•vri of Virectore of l'isilel euntiony o f mer c hants tiff England, trNiny le Lk Euv: Indies thoiereby !lire Sean, Tint a tioartertytieneral Coe 1. of the salt! rompinv will be held el Mgr Molise. in Leadenhall-straet. on Wed ando. Mr gtab Deoomber next. at eleven tech.'', in the fOrOws, far the purpose of declaring a I)itidend from • last, to Christmas next, • rows of Directors do farther give Notice. that the pig assralCoart is made Special for the purpose of sub lbr cosinnatitin.the Resolutions uI' IN. General afitiellth Saptember , eppruaing the Ite.olo:ions of Os r feint of Directors of the ,M Auglist Inst. grantinir !miler a Pension of littAY. per . Into - Awsisiant l'on.t anti Pension of 5041/. per .Itinuru late Second Clerk in hitt. . Departneut. • Ity-tew, rep. 8. Pee. 19. to which the Slid Resolutions , St this !lons for the rent iSPH D.iRT, Yeerrtery. 1. 1 41fteilifr 1 dfibts much* tid e Fi4h. &c. it has lailatcad the at lain Wholesale Oil 111141 ,•gate-street, (where the Trade -.4 all other (leonine sauces, grateful acLuowledgment , Tulin - mar, and at the saute time begs !env.- to aequaint them Ihit it is otd by all Ole Oil sad Italian Watchcases in London, and by one or more respectable agents in esery town throughout the Utlittrii kingdom. Obt.erce, node iv genuine unless signed " Dinmore and Son," end the Proprietors' 3C21 on the Coe*. To Merrhuttt:, Captaios, and others, it is parti-iilurl re commended for shipping, as it is warneted to Leap in nil) tlintate. I:OXCLUSION of 1111St1 • s Contract, FNEXT TUESDAY, lltgth November. ashen es ery Cari.al, every Prize. and every Ticket west be dt2%O. THE WIII:EL CONTAINS Two /20,000 ! besides Prizes of ,t 1,060, &e. Le. Consols and Money. ALL IN ON D.tY. TUE4DAY, Nov. SS. The fate of every Ticket and filmy.. sokt prior to the INN Noss-ado F. was finally decided by the drawinz of that day ; Stow persons therefore who hale already purrhased in the prctent Lottery, are recommended to inquire the fate of their nomhcrs, In order to exchange their limit Prizes for ;indrawn lielkets or Shares. rrranted undrawn Tickets and Shares are selling by 'I. Rll4ll. Steel.-Hreker, Sole Comtrartor. 1, Cornhil!, and 9. Charing-cro , t, London, who altered and sold the first day the present Lottery, No. 1,493, **friss .1.... a Prize of 140.000 l'otc,ott and Aloney • and In the last Lottery, No. 3,(4, a ' Prize of !woo Eetides seems other Clyde's. . . - And by Ida Ascots In the country. • FOR eoNiti9iONS AND !SPASMS. t(),NruLsityx powDEit, a rer- Isiu K. wetly fir n.nrulsion Fits in Cl:Wren, and fur ypsstnorlk rompiaints.--Sanctioned by ir'r Grote the Duchess of Lady Caroline Lamb. Lady Cdtherine Walpole, All* ROC tidy Amherst, Lady C. Render. Riot tin. Loly I.i.rnore„ lion. Mrs. ltathurst, Rigid Rua. L a dy ti . Cave's,. Ilea. Mrs. Egerton. lisp, I Han. Mrs. terry. le. AVMs% the divordnrs of Children. none elicit, sn greet a 'degree ef alerts as Convulsion Eds.—ll A DLIn 'II Powel's, altboash not Fulliirt., known. hair fur many years sustained characterio ns a nes er-thiling remedy for that ills- Jrder. Th'poserrel virtues of this Spin:ilk Ins short time "Irr'es the *l o Orering leant. awl. by a due persevermece in it. epplieat it 4:, rumple!. ly a stiryinte. the Consul:don Fits. and ....:ures the most it eaktt Children affiirted nith Disorders In- Virile Rowels to a state of perfect health. These Pow ders orer.6 o nr)ilintitrl to I ldhir.m, but efleetually removesall lipstnodic Ur. ; eminently efficacious in Epireptie or Falling Fits. an : ttatse ptuJuced by Fevers nod Wound . i'n to Footles he Fits. &wing: the Pre:rianey and subse ' 'isent Aceonehesneut, with the lieppient and most salutary 'dens. This inestimnlsle' Medicine has received the ! Peundest attestations of Its efficacy from numerous distitt cuished Personnm, et nitres% and under their s7nction, the present Proprietor offers this invaluable Me -I.letee to the Public at lame. as a t grateful ausiliary in 'Unites of Comet:4mm. caber in Infants or Adalts, and re '40111; the Patient to perfect health. This in; minable Medicine Is sold in battles rat 4s. (id.—l Is. " 3 :t )tls. ear+. hy nku.intment of the Proprietor, by Mr. Barter, filetl.-!del4.areilouse. Mt. ()%lord-stree ( ; IleS 3 r%. "'Via) and Sous. fl 5, Fleel-market filesors. Newberj and sons. -174 St. Pro..l's Churels-yard ; EtitrJrthr, Ali Si. Pairs Stltts;ll anti M. HMV ('harsh-yard; Ruder. 4. ; Profit, Les 9, Strand; Johestone, Greek-strut. hf.hu ; 1104. Long-latte. Smithfield ; Lod by tlwir up- Pitirmeitt by nit tit respectable Medicine Veurlers in enerl , r T•tirt: thretwlttot See etolted kiagitnm. AA fur 11.10LEV•S Cousulsicn . ; /i for the dye performance o f the f t ct ;a rd 4 , prated Rill hr ootleed unless rude I'4 a printed Par• gievtr. mod the Prices are rxprerved in iror.is al 1,-moth. ferlksitt rs of the Contract may tie hail Ni ho n alifi ti ca . fant.44ter C'haimier;. betteero the hours of Ten uud For. or.N 1. 19,19. rievert Vilikeriere of the Otitrii (.'no-spumy of e l trrealsis ef legimadi t trevelie. j• Euet•liodiee, ...lin • ieferThilttio ns et me said C'nAiany's Mock oit*.!Pat an Tesday the Ibth Denonher nest. at three • e y.%. tad *sod spin on Thurssla the Itith January. I. And Sint the Dividend Warrants on int.' etnek, due on MI, nl3 be reads to b.: derattett ou du- llards). theOth of the seine month. JUSEI'II DART. Secretary. tke;;;Sestences Sweet') stated, a" Pension'of MAIL per Mho to Mr. R. M. Rernard. lute Arsistant Coa.t and bat Warehouse... Keeper, antic Pension of .ittis/. per .liintou )ir. tiforge jun. late Second Clerk in the Oat and Surat W,rehouse Department. Ihr Report required he the 11y-taw, rap. 0. see. I. to- r with the Documents upon which the said Resolutions Ste been formed. are noes open at this Moisr fur the peru- id of the Proprietors. J ()SEP ILIRT, ret rg. LL Pirsons haring CL'sIMS or DEMANDS on BriTATE of the late id.t.te BERN AL. (here- , . • Isaac Bernal the younger), formerly of No. • cot-street. fh the county of &Me of No. I. Old Bailey, la the City of . litho tiled on the Vitt day of Oe.ober 114 • • • required forthwith to send the particulars my ogler, that the SLIM ma) be put into train for by the Executors. W. N. COLL • • 13, Broad-street Haildinte. A -1 r !DlME:qui DB IiffEIMPO. ri r lielfrApetyntsedigo-Aidmiltiel/Pl i fits mach* ad- mired Suet* for all wig of Fish. &c. It has indorsed the Xi% HENRY POWELL. et his Wholesale 011 and !Issue . 'arehouse. Norgate-street. (where the Trade may ire supplied with this and ell other (tenuity, tiauees. Ite.) to return hie most grateful arLunwletigments to the ihristir for their kind pstronar., and at the name . , me tilt jOry Iva, .!tme!:.... . i . rite Mader •of ele lt`P-o.frwie• • • n aihtsion to thel.r: *e y t i l i hr l m '.-- ap.' Of the gentlnts ' a d y, and hail toned the hill, wilt: Trial jury panel. tbst riftitatatd•' stitnted in •litl.,of thi isaaatinspf. y i i , • ,„t lti tit ert4 he was confrth -hint.- ;uluent against thf disc' ostair 1 . e Master of . iteleciinglh inforh r. ) withhold rhe fart, Illit4l"Whirof T names In lien of tiwittelkirtteenr retell. This eircionstr.ce, 10144 - reon.l sobjertina which. Le had if . 1 in. The ilefen:lants• charred tits. • . office with making an it,tbilteplr . t % and upon the objection being. ~ d he conld not withdraw lisstrl 4 e had obtained ~ the e* eatt"4- 1 - 4 f the TRialittrf te: . - ...t.::" th,t consent brio* obtaleed•tiky . ter:. asked the Learned Connie!, whe- • .•••..._ .. • .. ') The Awe* for which IlAlliPI)E - N fell in the Field, am( S YDNEY died on Ike We LAW INALLIGENCE. COURT OF BINH'S BENCH, Nov. EL [The decision in this interesting ease we rave in (pr' parer of yeatereley. We now present the prueeyings and argument to THE JONG r. cal( riratcirr AND 0 rout*. This, it will be recolle..ted, was an irdlittipent against John Cartwright, Esq. tieo-ge Echnends, T. J. Wooler. and Wns. tireathead Lewis, for a co ey,' with others, to unlawfully el ec t a Represen* in Parliament for the inhabitants of Birmingham, and in pursuance thereof electing Sir Charles 11 olsehy, Bart. to be such Representative: At the last Assiseeafor the County of WarwiA, before the Lord Chief Baron, the defendants Were found guilty. The defendants now appeared in Court personally for the purpose of moving to set aside the verdict. and obtaining a new trial. Mr. DENMAN appeared on behalf of Edmonds and Madded's, Yea 1111.1. fur Major Cartwrighti -Una' the rest of the defendants proposed to addrese the Conrt in permits. • Mr. DIMIAX (lewd the application. This motion was made on grosads which were altogether inde pendent of say thing that took place in the course of the trial of the indictment. It was f limited on grounds prising antecedently to the trial it,cll, and re lated to th • mode in which the Jury leas ridlecte.l to try the indictment. The trial was ordered by a Rule of Court, to take place before a Special jury. Four Special Jurymen only attended t and a Ti.les hating been prayed, eight 'I alesmen were sworn of the Jury. The first objection be bad to submit arose loot; to fere the date of the trial, and reltted to the mode of ap pointing Special Jurors in general. That objection was intended to draw the attention of tl.e Court onre more to the doctrine laid dim it in r. Wooler--1 Barn. and Ala. 193. where it nag held that the 3laster of the Cion a I Mice had the right of moilinating;.nuil selecting the names t f persons who mere to serve as Specisl Jmurs. 'f he CHILI , JrSTICE—Is there any other mode of selecting Special Jurynwil, tat can be suggested? Mr. DaNst submit that it is nut to be an act of selection, and I think upon consideration there are :rood grounds for submitting that argument. 31r. Justice Hsi-Lei—ln the ease you refer to, was it a .ion to set aside the verdirt, or to set aside the list of Jurors nominated ? 31r. Di. Ml\—lt wasa moths.) antecedent to the and before the siltation did tit undergo all the discussion it might. The enter JusTict —When was the Special Jury struck in :he case? Mr: DeN AX —Before the Spring Assizes ;.J think In Hilary Ter.. - The Cnts, Jertiee— es 'there wari• two crw*, in which a motion might hare btea turtle to set aside the Special Jury. Mr. DrsimaN—The Special Jury was ltrark 011 the •2:011 of Fehrimry Ix'', awl the intliettuent was taken don n to the Leo Asbizes. bet it was not then The Cater JUSTICIC-14 there any induce in which a party has been allowed first to hike the chance of his trial. and then take adraetafe dutch a motion as this. ate .r havittz had an opportunity, of which lie omitted to avil hints.l:, of moving-to set isaiJe the See cial ? Ale. Desat ts.—l am very unwilling to commit the interests my dient to my 'Homy, whether any such case has occurred. lam nut provided with any casein which that has been done. 'this Sweial Jury wee strut k un the :nth of February, for tae Assizes then coming on, and at the moment of striking this Spe• cial Jury, the objections were made is hich I shall stow have the honour of snhinittin; to the ('ours. 'I hose ob jections were reiterated at the time, and I think they are entitled to very great Wright ; for when the de fendants afterwards came docu to trial, they again ob jected to the proceeding, and they challenged the array fur the imputed partiality of the Master. 1 his im puted partiality forms the second ground of this ap plication to your Lordships. The first ground is simply upon the authority of the Master to exercise a discretion in making the nomination to the Special Juty. '1 he Cuter Jess-pt.—This part of the case, I pre mate. is founded upon affidavit. DENNAN answered, that it was founded upon the affidai its of Mr. Charles Pearson and Major Cart wright. Those gentlemen stated, that they attended by appointment, un the 2.ith of February, at the of of the Ki.ig's Crown, to nominate the Jury to try this cause, when the hook or list of frerhul.!ers of the county of IV 'writ k, competent to sit tiro,' Juries for that county, was produced which hoot: earlS taitted 2,1•110 names, or thereabouts. That Major Cartwright asked the Master of the Crown-ufliee what was the rule lie observed in strikiug the panel en such occasions: To which he 1V:13 answered by the 31astei, that lie had h. en in the habit of opening the b .uk at hazard with his pen, aid from the place liens openeil, selectibg the names iv' 50...• persons as he thought proper, and as° pcuee..:liiig qa•ii he had coin:dried the poet ; but that fur so time past, he had dealt .1 to pr..ce. din that manner, and selected fr..ni the entire list the whole panel, according t h:i own judgment and discretion. flue first question then ua . whether, according to the trite intent and meaning of the :let of Parliament, J (ten. 11. e. •25, the .ilas•e: of the Crump-office has a right to exercise his jii igment and ilisreethm in the choice of the nausea of persons to sit un special Juries ? The enter-JCSTI E.—What did they tell him to do, and what ought he to du ? Mr. Damm.lx.-1 say that he should have adopted sonic mode of nominating the Jury, wiiich was indif ferent. The Cuter-Just' . not this the proper mode? Mt. DENNAN.-4 submit not. The entier-Jusncr.--Wby sot AIL Dzxstan.—Becsure it places the matter entirely in the discretion of the individual officer, which I sub mit *ache wt ;ea be. The Ouse-Ater:cr.—The question in. whether the Legislature does nut so direct the selection to take place. Who selects the ordinary Jury fur the Assizes ? Mr. DEN:4 tx.---The Sheriff. Ile Cater A./click .—Then does not the Sheriff telect the Jury, and is not that the usual mods? Mr. Dan m.t K.-1 it this case I submit that the Master of the Crown Iltfics is to no:Linate, and not to select. Nomi nation does not import the power of selection according to his own judgment : for, if that were so, it would give the Master very considerable opportun!ties for making a partial and biasses! selection. Probably, the same op portunities fur such partiality would not be *forded for the selection of Jurors from the bo..ks of London and aliabllesex, where the defendant might have an niportueitv of knowing the persors iy.temling to be strut*. lint not so in small ft/untie., lire the per sons qualified to serve as Special Jurors must be com paratively few in number. The proper eourse for the Master to pursue w.dild be, to tare I:.e sles-ription Bits 11 by the Sberili, and select the Jurors aercriling to that description ; but according to the practice now pursued, it gives the Master a complete discretionary power as to who shall, er who shall not serve on the Special Jury. The Court will hear with some sue prise, that in the county of Warwick. though there are 2,500 freeholders, good and lawful men, those of that nensher who arc entitled to the appellation of, Esquire, amount only to hl.. So that if the Sheri ff ! had returned :hose only, the Master would have an opportunity of select:ng -IS from among them, and the A:IIIIC 15 Esquire, might be selected in every in stance. In other counties there might nut be 0' Empires to make up the panel. I think Itutlandshire would fords,' en example of that kind. According' to the Statute 3 tiro. ii. ..a., the only description liven of the permits eligible to serve as Special Jurors is, that they should be " free and lawful men." "Fte Cuter JrSTICE.-..-Is it not usual to mill sense! description to the persona nutuitiatesi, in order to ilia.' &guild, them!. tor it may happen that there are' persons of the same 111 Lie ill the comity. Lien in' continuos Jury tanels, t believe, an addition 1 .0 description is Oven ii :h that limy. Mr. Dsxmax. 7 -1 tottkonit, that the meaning of Special Jury is not merely a cora...Akin of persons of a certain rapit a:id station in life, who should he thought by the Master of the Crown Office tit persons to serve on a jury, but that the Special Jury must be a return of forty-eight names, taken indifferently, awl by hazard, from which the twelve misp i gito et) he prem. 11-eaeesa.tfi ni is the Statute which gives the M ister of the l'ruw:t OlLce a right to exercise one oli , creti.on in the se lection of those who a-c to he re.m.ited the pearl. The Otter Jesrtec.--Can a person nominate Ivith eat selecting is the later to nominate %%it'll out selecting? Mr. IteNusx.--It is very ease to nominate or set aside names that are presented i D liff e rently in the book, without any exereise of discretion upon the sub ject, in the saute way as the names of twelve re;.sous arc taken oat of an urn or box, to be swum ;:s a .u:n mon jury. The i lIIF7 Jrsrtra.—There no discretion eau be exercised, 'treatise it is expressly required by the Ste tate, that the officer shall draw the names by ballot. Mr. licxst.tx.—lf there had been that exitvu pra vision made in such a cue as this, there could be no argument, because the practice then would be clear and definite; but I submit, that when there is an am biguous expression capable of misappl:tiation, the practice should he similar to the mode adopted in other eases, and to the general ruins of law, anti the princi ples elks:dice. Mr. Justice Ilzer.--If irhat yon suggest be the proper course, special juries will bo the Mite as common. Mr. Dxsist.tx said, in the case of a common jury the party had a right to reject, or challenge a juror - wit eligible to serve; but in the case of a special jury, ' the Master exercises his discretion in the selection of names---a discretion which wiis ti , ) where given by law. Hr believed, that the addition ef trinire de l pended entirely upon a grant from the Crown. Mr. Justice Derr.—Then von nill find a great number of Esquires who would hare great difficulty in malting out their title. Mr. HaNsttx said, that if all the persons qualified to serve as special jurors, were retwnsd merely as freeholders, they would fall antler the same principle whielt all juries should fall under. In this ease it so happened, that fmrteen of the persons actually nomi nated hail been on the ()rand Jury who foe t id the Bill. This must have arisen from the paucity of persons who were described by the appellation of Esquire, and that was one great objection %thief' he had upon principle to this mode of selecting jurors. The Unite Ji any person sworn npnn the jury to try the indictment, nho had been upon the brand Jury. Mr. Ites.stax replied in the negatire, Mr. Justice Res I.•—Thut would be a good cause of challenge. Mr. Ilkstmart.-1 here could be no cause of chal lenge to a special juror at the Anse of 'he trial. t he Coo EV Jcs rtes.—That is anothi r ,iniat. Mr. I fENIS 1S C:!:21rIllied, that the nowt: Allot of the 4;1 04:11e% upon Cie panel ought to talce place by hazard and indifferently, without any discretion on the part of the Zlasi.r. The question was, whether the Act of Parliament intruded to give a right of selectinto, which n•As liable to abnse and suspicion, if exercised is the way complained of. Thr Km, r. Wooler hid decided that sttell a discretion might lie exercised. It was now his duty to submit, upon a toestinit so extremely itupor-