The Sun. — London, England, 1817-07-10 00:00:00

J U It 1 ES. - The following admirable article 'upon the Du ties Juries, is extracted from " LClreri Of GIIHST of ALFRED, addressed to the Honourable THOMAS ERSKINE, and the Honourable CHARLES Fox, Ott the occasion of the State Trials, at the close of the year In 4, and cite beginning of the yrar 1795." 1 hey are, however, so applicable to the present moment, and contain such wise sound, and constitutional doctrines, that we feel it to Le our duty to bring them forward again to the Itot ice of our Readers. They were written by a Gentletnan to %idiom the Public are indebted for many similar favours, and whose loyal and power. fill pen was never employed but in sopport of the best interests of Virtue and of the British Con- stiugion : " It please(' an over-ruline Providence to guard the sacred person of his Majesty in the hour of dancer, in gracious token, it is to be hoped, that be is destined long to reign over a grateful and a loyal people, and at length to transmit the Crown of these Realms to an illustrious race of descend ants, who will not only sway his sceptre, but in herit his virtues. There is even reason to hope, that good will arise out of evil ; and mat th , , abortive attempt to perpetrate the worst of crimes will. in its consequences. he productive ot addi tional security to the Constitution. The horror, alarm, and indignation universally excited on the shock , ng otcasion, instantly suggested the indis pensable. necessity, not only of making farther provision for the ,safety of his Majesty's person and Government, but also of goArding, by wise and efficacious measures, against the cause.. which having, by a partial and premature operation prodneed such effects, spewed, in the most sttik. in nottmer, to what consequences it would lead, if not seasonably and effeettedly cnecked.---With a ‘ieW to such important objects. aid in CUM.. pliance, as well with the earnest wishes of the !ration, as with the impel ious call of circum stances, two laws have been made, which, in conf , rinity to the wise principle that bad presided over the formation and progress of the British Constitution, were adapted to the exigency of the case, and to the nature and extent of the mis chief they were intended to remedy The pro visions of these laws have been too much discuss ed, and are too well known, to require any com ment.—Seffice it to say, that their great excel lence consists in their being calculated still enure for prevention than cure, by tracing sedition to the semittaries where it is inculcated, and by crushing treason while in embryo, instead of suffering it to acquire the twin and consistence of Overt Acts. In passing such laws, on such an emergency, the Legislature performed a duty, the omission of which would have amounted to the basest treachery—to an absolute surrender of a ll t h ose i nteres ts %%bleb it was its bounden duty and most important object to preserve. But *up on the passing of these laws, a duty equally so . letnn and indispensable devolved on the Executive Government, whose province it is to take care that they do not remain a dead letter on the Statute Book. Should it be peimitted either di rectly to infringe, or indirectly to evade them with impunity, the people will be apt to despise the aothoritv by which they were made, and thus they will he even in-trumental in accelerating the rui•vhicts they were intended to prevent. It therefore behoves the Crown Office's and the Nag,trary to exert their utmost vigilance and acti , ity in giving effect to these salutary laws, and in convincing the ill-disposed, that as often as they offend, their conduct shall be subjected to legal investigation. " But all the wisdom of the Legislature, and all the energy of the Executive Government, will he - of no avail, unless Juries resolve to act with firm ness in their important functions. Their situa tion, on such occasions, is undoubtedly arduous and e.obarrassing. During the trial, they have to reist all the arts of persuasion—all the charms of eloquence—ail the efforts of ingenuity, which are sure to be exerted, in order to excite in their minds a doubt of guilt ; a doubt which as cer - tautly produces an acquittal, as a demonstration of innocence. Against such artifices they should ever he on their guard, remembering that it is the duty of the Judge, not only to give them all the assistance in his power, by developing com plicated facts, and by communicating to them the law as it applies to those facts, but also to act as Counsel for the -prisoner, and to take care that he have the benefit of every fair advantage that arises in his favour, either from the law or the fact. " It is not, however, in open Court that ho nest and conscientious Jurymen have the greatest difficulties to encounter. Their most arduous task is probably yet to come, when they have sur mounted all the efforts of sophistry, and all the arts of false colouring, and when they are satis fied, after a diligent and impartial investigation, . that the charge is fully established, and that it only remains for them to pronounce the awful . Verdict of " Guilty."—lf, upon retiring to con sider of their Verdict, they happen to find among them one or two individuals infected with the influenza of the Rights of Man, it is then that their situation is most difficult and painful. They then see themselves reduced to the disagreeable alter native of either sacrificing the obligation of their •oaths, or of engaging in an obstinate contest with men who are pre-determined not to convict ; and tvho are generally possessed, in an eminent de gree, of qualities which fit them for such a con flict. Considering the great extent of the malady • above-mentioned, and the indefatigable industry with which those, who are under its influence, endeavour to worm themselves into every situa tion where they can serve their favourite cause, it is but too probable that such a mixture will be found in a Jury impannelled to try a charge of treasonable or seditious practices. Sensible that no other situation they can render such effectual service to that cause, they fail not, upon such oc casions, to display the utmost zeal, fervour, and perseverance. No matter how strong the proofs ---11e . .v aggravated the case—how large the ma joriy fur a conviction—all such considerations they set at defiance. and declare that they will ra ther perish in the contest, than consent to a Ver dict of " Guilty." " The unanimity which the law requires, in the delivery of a verdict, affords, in such cases, hut too favourable an occasion for perverse ness and obstinacy to prevail over candour, moderation, and justice ; and, unfortunately, the spirit, resolution, and perseverance of the well-disposed are generally unequal to the ar dour and pertinacity of those who are under the guidance of passion, or the influence of Party considerations. There is but one fair and equitable rule for the attainment of unanimity in any body of men, possessing equally the right of individual suffrage—namely, that the Minority should yield to the voice of the Majority. It is dm alone that even a smaller number than twelve persons can reasonably expect, even on orditiAry occa sions, to concur in will, or to act In conceit ; and unless this rule be applied to the deliberations o! Juries, the necessity of an unanimous concurrence in their determination, will not only subject that mode of trial to the charge of extreme absurdity, but also render it absolutely incompatilde with jipoice. In criminal cases; and particularly in ca• pital ones, the feelings at a Jury ‘‘ ill always be inclined so far to qualify this rule, as to require something more than a mere Intn of the settle to produce >a conviction, and a bare majority will ever be ready to surrender their opinion to the eonscientions se, Niles of those who may incline to a more merciful verdict. It would, indeed, have stamped a much greater degree of apparent perfection on the institution of Trial by Jury, if, instead of a nominal unanimity being a requisite quality in a verdict, the principle had been ex pressly established, that a majority. consisting of two-thirds, or three-fourths, shoult4 be sufficient for a conviction. But the good sense,. mu l e n t . tion, and humanity of the English character have supplied, in this case, the want 01 positise reen t a • tion, by generally adopting, in practoe so ra tional a principle. Nor can a better proof he wanted, that a ca•e is proper for conviction, thin the willingness of eight or nine Ell ;Itsn Jurymen to convict. But although the votaries for the new philo sophy profess to maintain, as one of their funda mental doctrines, the right of majorities to de cide on all cresOons ‘vitat6;f r, (and even in those cases of social and political relations, where such a principle is incompatible with the existence of that sovereignty on the one hand, and of !hat sub. ordination on the other, which are of the very essence of the connection,) yet, when it suits their purpose, they are the first to violate this principle, by insisting that t heir own not ions, pro jects and systems, shall prevail over the greatest superiority of numbers. They seem to think themsei , es exceptions to the rule which they lay d o Nt, fur the rest of the world ; as if, by the aid of the new light, they wile possessed of absolute intallability, or, at least, of such superlative wis dom as to entitle them to dictate to the whole loiman race, and to supersede every ancient este biishment. Thus, when such persons find them selves (in however Small a proportion) in a Jury, met to decide on an offence avinst the gate, as such a eae routes inonediatelywithin thecompass of their reforming or re%ohitionary zeal, they reckon as nothing the clear and decided opinion of nine or ten of t h eir f e ll o ws, who think that the de mands of justice can only be satisfied by a verdict of Guilty—and they expect the majority, I(ri t o a o‘v ev c. er great, to conform to their pleasure, n eptiese in their detvrtninatiou to acquit. Nor is this perversity confined to the active abettors of the disorganizing system, or to those who seek for profit or personal con*equenee in a new order of things. %Viten once the baneful contagion has seized the mind, the most respectable and opulent persons act as it they were reduced to the most desperate circumstances, or influenced by the basest designs. They can never see any guilt in conspiracies against the Government. if a crimi nal, charged with such practices, has but taken care to borrow the cloak of Reform, or to assume some other pretext of a specious and imposing na ture, he is sure to find favour in their sight : nay, so far does the influence of this sympathizing spirit exten d, that Sedition and Treason, inev e e i r r y . form, are becom e sacred crimes, and must not be punished, even th ou g h the y q uit the wily and cuitous paths, discovered by modern practitioners, for the more direct and open toad frequented by conspirators of ancient times. Of this tt strik ing instance has recently occurred, where (it is said) the violence and obstinacy of two Sectaries pre vailed over the sense and spirit of the rest of the Jury, by forcing an acquittal in a clear case of in artificial Treason of the old ,style, conducted ac cording to ancient forms, and destitute of any of the subtleties and refinements of modern inven- tion. " It would, however, be impossible for this per nicious influence to gain such an•oscenciancy the deliberations of Juries, were it not for the aid of a sentiment of false humanity, which is most artfully excited, and which 'alone could reconcile the majority of a Jury to the idea of acquittin g a man, of whose gu ilt the y were convinced. Thinking that their error maybe excusable, if they err on the side of mercy, they are thereby induced, after a short resistance, to surrender their own opinion to the captious opposition o f one or two individuals. But, in yielding to such impressions, they lose sight of the nature of their situation ; of the oath they have taken; to give a true verdict according to the evidence; and of the consequences which may ensue from a departure a t from their engagement. It is not their province to exercise lenity and indulgence , but to adminis ter justice. Being satisfied, on n absolve grounds,ln 1 e of i n e fair the guilt of the party, in from the obligation of declarin g that guilt ; and if they suffer themselves to be prevailed on, by any consideration whatever, to pronounce a- diffe rent verdict, they infringe their oaths, betray the solemn trust reposed in them, and violate the most sacred duties of morality and religion. The quality of mercy is the prerogative of the Crown ; and it is one of the numerous excellencies of the Monarchical Constitution of this Country, th at this amiable prerogative is sure to be exercised, whenever its interposition would not be produc tive of public mischief. But when Juries suffer themselves to be influenced by such motives, they usurp a function which does not belong to them ; they sacrifice the fundamental principles of that admirable institution, of which they form a part ; and they render themselves morally responsible for the consequences. Besides, they most grossly de ceive themselves, when they imagine, that in ac quitting_the guilty, they yield to the dictates of humanity. It is a false, pernicions, and cruel hu manity which they indulge. "'hey are chargeable with the most complicated. extensive, and bar barous inhumanity._ In saving the guilty, they punish the innocent. In a case of High Treason, particularly, they decide between the prisoner and the country at large; and, for aught they know, the fate of each is equally in. their bands. When, in such a case, they spare a life which is forfeited to the laws, they endanger the lives of millions—the safety of their Sovereign— the security of the State—and the existence of the. Constitution. The acquittals at the . Old Bailey led, by a natural anti obvious progression, to the shocking outrage that exposed the kingdom to the greatest of misfortunes, and that might have been productive of calamities which would defy the utmost stretch of imagination ; and scarcely was the acquittal of Stone pronounced, when another a trocity of the like nature furnished au additional proof that the daring and licentious spirit, which had been emir ed among the lower orders, could not be repressed without the aid of example—wheteby the multitude should be con vinced, upon the evidenie of their own senses, that they are subject to-the Laws, and that crime c,stn.ot hops for " It behoses Juryineu, therefore, to reflect very seriously on the nature and intpor [ince their sitiwinn, and so resolve on a firm anti re dkelosti4e of their cliff) ; suil,!ring thew- %elves ither to he seauced by the arts, intimi dated hy the threats, nor vanquished by the per t,nac,ty of those who woold pr: ail on (hens to let•srti verdict which is not dictated by their consciences. Shall a large majority at respectable and conscientious men, whose only wish it is to administer impattial . jostire, bveamc the 15101 1111- piece of one or two fanatical Retorirct4, xsho can discover no guilt in any attempt against thy e•talnished Govetnment ? or, of a like number of determined J kcob.ns, who seek to accomplish the destrut-tion of all legitimate authority ? In re sistiN: the obstinacy of xuels characters, they must expect to undergo some personal inconve niencc. The contest may be arduous, and the strnggle long. But it is a contest with Licen tiousness and Anarchy—it is a struggle for Civil Liberty,. Order, and the Constitution. They owe it to God and their consciences—to their fa- milies and their Country--to the present age, and to posterity, to persevere. If, however, they see at length no prospect of being able to vanquish the inflexible stubbornness of the perverse few, and there be found among the larger number some whose health will not admit of a farther conflict, (an inconvenience to which the majority are most exposed), 'here is still one method left by which tney may discharge I.'neir consciences, lessen the evil they cannot entirely prevent, CniiVinee the wrirld that they have exerted themselves to the utmost in the performance of a painful duty. Instead of returning an unexplained verdict, as in such cases they are apt to do, let them come into Court and state the real fact—let them dis close the contest in which they have been en gaged, and point out the individuals who have obstructed the progress of Justice. By such ex planations they world deprive the - Factious of that ground for boasting,and that occasion for triumph, which an unqualified acquittal ever affords them, and they would render the Patrons of Sedition less desirous of thrusting themselves upon Julies, by convincing them, that although they may succeed in frustrating the claims of Justice, they will be themselves subjected to that responsibility of public opinion, %vide!' should ever attend the ex ercise of a public duty 5 while the acquittal itself, so explained, would have, in a great degree, the effect of a conviction, by exposing the criminal to just and general detestation, which the impu nity of his crime would serve only to aggravate. "There cannot be a greater error than to sup pose that Jurymen are not at full liberty to dis closesethem whatis p passes among themselves. Every one erfectly free to make Such disclosure, either openly in Court, or afterwards to the Public, in whatever manner his discretion may suggest. Petit Juries are not, like Grand Juries, swot n to secresv. If they retire, it is only that they may deliberate s‘itbout interruption, and apart from all influence. But they are not subjected, either by the nature of their office, or the terms of heir engagement, to any obligation of concealment. Grand Juries arc bound by oath to " keep the King's council, their own, and their fellows because a disclosure of what occurs in that early stage of the proceedings might defeat the ends of Justice ; but, as the decision of the Petit Jury is subsequent to the publication of all the evidence of the case, no possible inconvenience can result from the particulars of their deliberation' being made known to all the world : nay, it is even a duty incumbent upon them, to expose the impro per conduct of any of their brethren, particularly if such conduct has had any influence upon - the Verdict. In civil cases, and also in et iminal ones where a conviction has taken place, injustice may, in consequence of such exposure, be reme died by a new trial : and in all cases, it would be productive of public advantage and general secu rity, were Jurymen to act under the impression, that, although for a time they are secluded from the eye of the world, the circumstances of their behaviour, while in that state of retirement, will, if deserving of notice, be brought before the tribunal of the Public. As an inducement to Jnries to listen to these admonitions, let them remember that in cases of a seditious or treasonable nature, they are not merely the dispensers of the law, but the guar dians of the Constitution. If the laws, which are made for the security of Government,. be ren dered inefficient, for want of energy in those who are entrusted with their execution, the entire ad ministration of justice—the existence of Trial by Jury itself—all the safeguards of persons and pro perty—and all the rights and liberties of Eng lishmen, must- give way to that disorganizing system, which tends to the total subversion of ci vilised society. if Juries will not do their part towards carrying those laws into effect, they will render the institution of Trial by Jury a curse instead of a blessing. The mischief they will produce will infinitely more than counterbalance all the good they have ever done, or can ever do. They will crown with success the-machinations of the Disaffected, and render the cause of-Attar. chy triumphant.. " The CONSTITUTION-that venerable fabric of British glory and prosperity—is guarded on all sides against the encroachments of power ; it is secure against the inroads of influence—it .bas nothing to fear from its open and avowed enemies / . unless their attacks be favoured.by the treachery or supineness of those who are entrusted with its defence. Should it ever perish., its destruction will be effected by the means provided for its preservation."—June 3,179 G. CRENI. CON. COURT OF KING'S BENCH, JULY 9. TRELAWNEY V. COLEMAN. This was an action in which the plaintiff sought to recover a compensation in damages from the defendant, for the seduction of his wife. The da mares were laid at 5,000/. Mr. SCARLETT Stared the frets to the Jury. The plaintiff was the youngest son othui t -1 Trelatv.. ney, and had been a Midshipman in the navy. The defendant A s an Officer in the army, recently re turned from India. The platnitif returning home in conseq ence of a wound h e h a ,( seeeivea, , ottk up him ie•idence in London, w , tere ho ..ea, introduced to an arniaide yeling lady, named A ti,oo, Whose father had a situation in the stmt cc of the Last India Compinv I,de„ oirttiy accom piished, ad at jtct most iy to Attract the a.tention mul Kant the affections 0, a young mat) , especial!y tt sailor. After an to tptaiic t, , ,ce of about a year, a ia,trriage took place, tt a tittle tr hen they vt ere neither of them hilly of age , and he %vas bound to admit the tn-itch was one to whien lute plaintiff's father had toyer been reconciled. This circumstance took place in 1513 or 14, and though the father was cat favourable to the union, be im mediately after it took place, assigned to his sort an income of 31,01. a year to which the lady's friends 'added 2001. more. On this income they retired to a little cottage at Denham, in the neigh. bourhood of Uxbridge, where domestic felicity made up fur all they lost•in luxury. They kept hut little company, but amongst others they were ac. (pair. ted with a most respectable family, namedDat ton, who had so high a confidence in the virtuous principles of Mrs. Trelawney, that Mr. Dutton be ing appointed to a-situation at Cuxhaven, left his daughter for a considerable time with her. After a period of some length had elapsed, the plaintiff's father still remaining as averse to them as ever, the plaintiff determined to seek out a retired and cheap residence in the North, they having at this time a little girl, whose birth had increased their happiness. It was determined that the plaintiff should place his wife and child with a respectable clergyman, named Wright, residing at Hitickley, in Leicestershire, where theycootinued six months. Unfortunately Mr. and Mrs. Wright were since dead, or he should have tailed them to prove the happy state of affection in which they lived, and the amiable qualities of the lady. The plaintiff having failed in the object of his search, atity, itt January, 1816, went to reside in Bristol, in the house of a Mrs. Front. At this time the warmest affection existed between them, when, unfortu nately, in March, 181 G, the defendant came to lodge in the house. The defendant was a mart of the world, upwards of 40, more than double the age of Mrs. Trelawney, and as soon as he saw this unfortunate young woman, lie deter mined to make her subservient to Ins wishes, and succeeded in doing this within two months atter be became acquainted with her, unknown to her husband.=lobe marriage was proved, and wit. nessts were called to show that il-c phintea hither was never reconciled to the marriage. The principal Witness was Sarah Prout. Site live:.s in Col leze-,treet, Bristol ; recollects the plaintiff and his wire com ing to her house to lodge in the early part of la•, ary, 8 they were strangers to the witness at that time; their family consisted of themselves and one child ;_theY had the (Inv, ing room, parlour, and one eed-room. They eoatinued iu wit ness's house till Jul). They kept no company, awl lived with the utmost economy. was a very fiscinatit,t; wo man, and they appeared to be seal comfortable and happy. She passed her time chietl, io reading and sewiog ; be also read a good deal. He was a rest-vet man in his manner.— Captain Coleman came to lodge in witness's tiouse in the month of March. At that time he appeared to be a perfect stranger to Mrs. T. Witness did not observe fir some ti m e that any acquaintance had taken place between them. Capt. C. however, lent witness some books to read, and Mrs. Tre lawney requested that Cite might have them from the mimes_,. This en enwstance led to a direct loan of books from defend ant to Mrs. Trelawney. Witness remembers ben g in her garden one day in the month of June. The defendant's bed room window was ,00 the ground-door, level with a small out-house. - A towel had fallen from Mr. Trelawney's bed room, which was above Captain Coleman's room, and wit ness went" to take it up, 'when in Captain Coleman's room she saw a pair of shoes belonging to Mrs. Trelawney. On see ing this, witness looked towards-the het), where she saw Mrs. Trelawney and Captain Coleman. Witness saw her getting out of bed, on which she came round into, the house, awl met her as she quitted Captain Coleman's apartment with her shoes in het hand. Witness spoke to her on the subject, and desired her to quit the house as soon as possible. Site was fearful of mentioning it to Mr. Trelawney, as she knew him to be a very strict man. She dreaded what conse quences might follow, and was only.a nxious to g et them out of the house, as she was - an unpro tected woman herself.— Mr. Trelawney wn was onevening tahpepeared t question gone to the play. o a very young woman, Captain Coleman was between 40 and 50, a very gehthnia,, ly wan. He quitted winess's house before Mr. and Mrs. Tie lawney did. Mr. GURNEY b ay i ng addressed the Jury on the Part of the defendant with great ability anti at considerable length, and Mr. Justice HOL2IOYD having summed up, the Jury retired, and after being out for near an hour, returned a verdict - for the plaintiff —Damages 500/. ; costs 40s. The , cause occupied the Court from twelve o'clock till half past five. • • ---- COAL MARKET, J ULY 9 . Ships at Market. ships sold. Price. 47 Newcastle ........ •••••32. 7 Sunderland 7 365. Od. to 38s. Scl; 1 Canned Coal I MARRIED. On Thursday, the 3d ino. by the Rev. John Bissell,Richard NpL,thno, Esq. of St. Pelershorgh, to Elizabeth, eldest danghter of Samuel Lewin, Esq. of Womaston, in the County of Radnor. LONDON: Printed by .1. B. CARSTAIRS, of No. es, Great Ormond-street, Queen-square; and publish, •d by W. A. SCRIPPS, of No. 7, South Is.lolton-street , at THE Su Office, No. 112. Strand; where Advettisernents, Orders, Letters, &c. (pest-paid) must be addressed.