The Sun. — London, England, 1840-01-01 00:00:00

14; iv.k:N LNG 141,D1Tiort . , s s . Learned Friend for Mr. Frost, and I concur with him in sayin that we shall sever in our challenges. We have no power g to say that the oth er prisoners will join in the chal . lenses. Chief Justice Tindal —I see other Learned Gentlemen present ; perhaps they can answer. Mr. Thomas—l appear, my Lord, for other prisoners and I can state it is their desire to be tried severally. Chief Justice Tindal (to Mr. Thomas) —You had bet ter state now for whom you appear, in order that we may aseigi you as Counsel. You have not as yet been asstasigne for `whom I am engaged as they come to the bar. 1 ChietieJustice Tindal—We should know it now, but lot It be as you please. Mr. Bellamy (fo Mr. Thomas) —Mention the names of those for whom you are engaged, in order that you may be assigned to them. Mr. Thomas—lf it be not inconvenient to your Lord ships, I wish you to take a different course ; it is this, that as each prisoner is called to the bar, your Lordships can then ask him if he has Counsel, and if he has not, Counsel can then be assigned to him. You will then know whether the prisoner wishes to have Counsel or not. Chief Justice Tindal--That can be done. Mr. Thomas—l wish to state, my Lord, that I appear, with my learned friends, for Mr. Frost. Chief Justice Tindal—That we know nothing of now. It is to another point our attentio n is directed. 1 Waters was then asked if he severed is his challenges ? --He replied 'Abe affirmative. 4 Clerk of the Arraigns Do you wish Counsel to be as , signed to you? 1 Waters—/ shall state on my case being called on. ! John Lovell and all the other prisoners then said *at they would sever in their challenges. 'the ,Attorney-General—The prisoners having adopted .he course which they have just taken, and to which they had an undoubted right, it is impossible for me to have the trial of the prisoners jointly. I shall, then, vay Lords, iret proceed with the trial of John Frost. The Attorney (Seneral thee desired that the Jury should be called over in lilt presence of the prisoners. Mr. Bellamy then called over the panel; one of the 1 'hit names galled was that of Thomas Evory, of Mon re ruth, to whom exemption was granted by the Court, P"ssif being sworn, oft account of his age. A great many, eel-vilely txot less than thirty, were fined 101. each for not anasweeing ; even though in some cases it was stated on is it:Zit they were sick and unable t o attend. But the ..F • declared that they could take no such excuse, un• Teen the Milan of the, parties were proved by pergo4s, who, 1 i"VA mead%) examination, could depose that the sickness 'e of to serious miscue described. t We t cite the mete of some of the persons summoned, I r,, , - the*berpoes of showing how particular the Court was ie this respect. Thomas Evans, of Abergavenny, victual ;. , was fined 10/. on account of absence ; William Ed -seed, of Rednell, farmer, was eictesed on distinct proof being given that he was very ill ; Jeremiah Trehaim was excused on the oath of a witness that he was deaf. W. I Ford, of Menmouth, farmer, on the oath of a witness that he had not been able to walk fo r the last twelve months, 3 was excused. James Book, of Monmouth, was fined 10/. for absence. Thomas floppies, of Monmouth, draper, and Samuel Babbington, gentleman, also of Monmouth, claimed exemption under the Municipal Act, as members of the Town Council, and" the Court, on consulting the Act, al -1 lowed the plea. John James, of Shereneuton, farmer, objected to serve on the ground of not being qualified . He proved that his rental was under 104 a year ; that he possessed no lease hold or freehold property, and that the house which he oc cupied was rated after the p•oor's-rate at 225. a year. He was excused on the ground of non-qualification. Henry Jones, Carmarthen, farmer, excused for the present, on tile oath of the Under Sheriff, and production of a docu ment showing that he was bound over in recognisances to attend at the Carmarthen Sessions on the Ist January ; but with directions from the Court that no attendance should be required if necessary after these sessions. Thomas Jones, of Fayrfeed-par of k, the farmer, was next d out . An individual in t he bod y Court cal, .‘ Thomas Jones is dead." A juror in attendance, whose name was also Thomas Jones, exclaimed, " No, I am not dead ; I am here." Mr. Bellamy—Who is that person who says that Thomas Jones is dead? The individual answered, I know he is dead, because I was at his funeral. The Chief Justice desired that the person should come forward, which he did, and was sworn, giving his name Voreas Foulor, of Ghrit Church, farmer. The Chief Justice—What do you know of this person being dead ?* Fowler -I-I know he is dead, my Lord, i because I was at his funeral, ; It turned out that there had been two Thomas Jones's at the time of the making out of the list, one of whom had since died; the other was in attendance in the Court and answered to his name. , Edward Kirby, of Chepstow, gentlemas, , wai fined la 1 for absence. John Lewis, of Caldreathossa excused on 1 the ground of illness, a person in Court having sworn that be bad seen th r ee dozen of leeches a pp lied to his head and i neck. John Matthews, of Portahewete, farmer, was ex s eased on the ground of lamene ss ; and John Morgan, of Christchukt, firmer. on account of his be in g blind, a ' statement fls that effect ha-ring been made on oath. I Lord Granville Somerset, the foreman of the Grand I Jury, here addressed the Court, and said all the grand jurors are now present, my Lord. If you think it right 1 .re shall commence our duties. Mrs Bellamy—Are there any bills yet ready ? ! Lord Granville Somerset:--There are as yet no bills be il fore as. i Chief Jostle* Tindal —Aye all the witnesses sworn? T Jr?. Bellamy—Tine Crown Solicitor had better see if i ,S ere are bills yet ready. I J e ssed Granville Somerset — lf there are bills ready we ) rxba better retire. The Crown Solicitor withdrew to make the necessary , :Nutriss, ' 'pl. calling of the Jury was again proceeded with. :, , cruel Wlsettirews, of Chepstow, was accused on account sf his being &lief constable ; Edward Morgan, of Nash, .•-•riner, isatraxeneed on showing to the satisfaction of the s esurt that he could sot hear the question put to him in the esitueaa-box ; William Morgan, of Whitstone, was fined AL ; Richard Morris, of Chepstow, merchant, was ex .used on account of his great age, being shove 60 ; Geo. Vaughan Maddox was excused on account of being high constable of Monmouth ; William Nicholas, of Twytree, 1 'turner, was fined 10/; Thomas Philpot of Abergavenny, I merchant,. flood 10/. ; Thomas Barry Lloyndee was ex ,used on the ground of his removal previous to the ser ,ige of the summons ; William Prue, of Chepstow, pain • ~e s, wee excused for the present on the statement of two pergola, that according to their belief, he was confined i s e his bed, but that some positive evidence of the , fact should be produced on a future occasion ; John Pitt, of Chepstow, baker, was fined 10/. ; John Parker, ) of Chepstow, vieSualler, being more than 60 years of age, was e xcused; James G. Powell, Monmouth, gentleman, '• was excused, the susameniug officer having stated that he ' was deranged, and therefore the summons was not served ; George Porch, of Rakfield, gentleman, fined 101., having been present in the moraing, but subsequently gone Lome; John Richards, of Abergavenny, victualler, was e xcused for to-day. He has ta k e n the contract for supply 'rig the troops, of whom there were thirty at Aber :•,...venny, with meat, and 19k more expected to march itn, to.day; William Powell, of Abergavenny, victualler, W 2, s wore, and excused on account of the alarming and ( s an e srous illness of his wife ; the name of James Roper i was shuck off the list. it being sworn that there was no I person of that name, but that the name had been errone 'L ously substituted for Prosser ; Edward Roberts, of Mon. ' mouth, gentleman, was excused, as being of the Town 1 Colleen ; Robert Evans, of Peynalt, farmer, was excused, being constable ; Philip Stead, of Mitchell Troyan, ex cused, on account of its being sworn that be was nearly s i x ty years of age ; John Tucker, of Abergavenny, was s worn to a statement of his being dangerously ill; Wil. liam Thomas, of Abergavenny, tailor, was excused, having sworn that he did not live in the pariahs is which he was named as an inhabitant ; the name of John Thomas, s ,.‘ Caerleon was struck off, on proof of the removal of the individual previous to the sassing of the sum,,aons ; the name of James Thomas was struck enst—it being stated by the summoning offi cer that !he name of the individual was Thomas James Th o mas, and tha t be was not then present ; Charles Henry Townse nd, ef Portelewitle farmer, was fined 10/. for ab sence; Sydney Veruor was struck off, on proof of his re moval prior to the serail:a of the summons ; Water Wil es name, of Caerleon, was excused on the or dente of Thomas ; Jones Philiips, that be was summoned as 1 witness ; W 1- ham ham Watkins, of Ab er g avenn y , mason, was excused, , being over sixty years of age; John Williams, of Abergastenny, carpenter, excused on the ground of ill health ; Edward 1 Williams, of Lannaply, farmer, excused, evidence being given of his being above sixty-one years of age; Mr. I Watkins, of CSapertoo, victualler, eseused on account of ironsediate and langerous inners; of his wife ; J o h n we_ ' '--ins of Tentern Parva , i nnkee p er, a pp lied to be excused, dins of oee.auste be actually lived in Blannen, near where the Chartists lassie ; not excused, because he was actually a housekeeper in Tentern Parva, his wife residing there ; linked Whitehouse, of Monmouth, ironmaster, excused ' Seeing is town councillor; Beavor Williams, of Monmouth, -.; farmer. 'liaised, being upwards of seventy years of age ; ,ddrinuel Owynne Watkins, being chief constable, was -4pused ; hum Williams, of Usk, gardener , b ein g of • 1 s t ireteses with a. painful disorder, was excused ; Francis Sous& of letitehett Troy, farmer, excused, being Above r staty - Bo bes Vmenotllh, of Dixon, gentleman, excused gee soaks meson ; Thomas Hill , of N wensnouth, ex • f o ,- led for shit swa m cause ; George Morgan , of Gwehe es:2p _ ' log, N lairrteri fora day or two, his wife being th, on the point of continenSectse John George , Mon butch ' excused, being above sixty ; JIIIIIO4 COlO, of Chepstow, c! , claimed evemption because the house in which fl he lived wa s not rated in his name—exempted ; William; aker, of Christchurch,, farmer, excused—above sixt ; j a roes Griffin, of L lan g ibb y ; William Lewis, of Goldcilfs, 'i farmer ; James Furney, of Monmouth ; John Hodges, of Major, farmer ; James Roaehe, of Chepstow, victualler ; William Miles, of Ragland, farmer, and William Follett, N ,of Monmouth, farmer, exempted for the same cause. l Chief Justice Tindal here remarked--,.The witnesses i who .are to go before the Grand Jury had better he sworn. i The officers of the Court proceeded to make the neces sary arrangements for that purpose, and the Judges retired for tenaporacy refreshment. On their return, 1 The Attortesy-General said—l propose, with the sanc tion of your Lordsbips, now to proceed with the trial of John Frost. I presnme the others may retire. 1 Chief Justice TindaL—There is no necessity for their being present. The Attorney-General—There is no occasion for the others being present. Chief Justice Tindal—Let them taste the other prisoners out. Mr. Bellamy (to therost. gaoler)— You ma r emove all the y others except Joba F Si r F. Pollock—M7 Lord, in consideration of the length of time the trial is likely to last, perhaps Mr. Frost may bo allowed a seat; your Lordships probably will permit him to have the benefit of that indulgence. Chief Justice Tindal (on consultation with his Learned infer- 1 The Chief Justice conferred with his Learned B rethren, Brethren)-Is there any inconven ience o r p ersonal in and then said, °°lf the objection raised on behalf of the mitt' which calls for such a permission ? Sir F. Pollock-My Lord, if I had been aware that the prisoners had been opposed on the part of the Crown, I, Court would require a direct and specific ground for ,he sitting here, should not have allowed the objection ; for application, I should have been enabled to furnish ;our so far from being a real objection, it must be an advantage Lordship with cases. to the prisoner, that the names should be arranged as Mr. Justice Parke-What were the grounds in the eases they are. The Sheriff has a right to take the names to which Pe refer ? from the parishes fairly, and the Jurors are called in the Sir F. Pollock-The length of time the trial was Ately order in which they stand in the list in the Criminal to last. Court. Surely it cannot be any disadvantage to the Chief Justice Tindal-What case was that? prisoner to have the names called over as the Sheriff has Sir F. Pollock-My Lord, I don't precisely recollect arranged them, for it could hardly fall within any possible the case ; but I think there have been cases in which the calculation of chances that names beginning with certain probable length of the trial has been received as a sum- letters should be selected for any particular purpose. But cient ground for an application of this nature. as there is no objection made by the Attorney-General, I Mr. Kelly-Mr. Horne Tooke was allowed to sit near do not see any impropriety in allowing for this time the his Counsel as a matter of indulgence only ; but that in- names to be called by ballot. dulgence haying been granted, perhaps your Lordships The names were then put into a balloting box, and would see no impropriety in granting the permission now drawn forth, one by one, by Mr. Bellamy, the associate. The first whose name was drawn out, was Samuel Ball, sought. Chief Justice Tindal- I n former cases I believe there of Chepstow, v did notictualler, who . stood No. 9 in the alphabeti have been some allegation as to the personal infirmity of cal list. He appear The next was Daniel Walters, of Redwick, farmer (No. the prisoner. Sir F. Pollock -In one of the cases. If your Lordships 304.) He was challenged by Sir F. Pollock, on the part decide not to grant the application without authorities, of the prisoner, and set aside. that would take up so much time, and be so inconvenient, The following were called successively :- that I shall leave your Lordships to deal with the matter No. 119. John Jones, of Ilton Tameed he was sworn as it stands, as I have not kept the cases by me with that as to his qualification, and having proved that he paid rent to the amount of 1221. a year, he was objected to on view. Chief Justice Tindal-If any inconvenience of the the taut of th We pr illi iso avenny, victualler , challenged. ner of Aber Crum . s lightest kind were alleged , we should g rant the permission. No. 321. am p, g Sir F. Pollock-My Lord , I made the a pp lication, con ceiving that the attention of the prisoner being occupied 41. Oliver iver s, Chapman, Ilton, h farmer of Cepstow, ; merchant ; absent. upon upon the matters which we r e g oin g on before your Lord- 16. Jame of challenged the ships, and which have alre ad y lasted some hours, would part of t 117. he en p r risoner ; r James,ental Chep 501. make some relaxation neces sar y . Hy of stow, butcher ; set aside fo r Mr. Justice Parke - I un derstood y ou to ask that the want of qualification. 43. John Daniel, of Abergavenny , h aberdasher ; rated prisoner might sit near his C ounsel. Sir F. Pollock-No, my Lord ; I merely applied on ac- at 501. a year ; sworn. count of the length of the time that the trial was likely to 46. William Davis, of Llanga-Hock-righ-Usk, farmer ; last, and I have since hoard that the prisoner has been ex- rent 801. ; challenged on the part of the prisoner. tremely unwell while he has been in confinement. 44. Thomas Davis, of Abergavenny, butcher ;rent 211. Chief Justice Tindal-That is quite reason enough- 145. Richard Lewis, of Lanvoir Diswed, farmer; rent Mr. Justice Williams-It is the constant course to do so about 701. or 801. when the prisoner is fatigued. 36. John Collins, of Christchurch, farmer; rent about The permission of the Court was then granted that the 100/. ; challenged on the part of the prisoner. prisoner should have the accommodation of a scat. He 37. Matthew Cope, of Caerleon, malteter ; rent 100/ ; challenged on the part of the p risoner. still, however, remained stan din g . The officer of the Court (Mr. Bellamy) then proceeded 116. Edward Jones , of Caerleon , flo ur-factor ; rent e than 100/, a year ; challenged on the p art of the ri to call over the panel , in o rder to the swearing of a jury mor soner. for the trial of the prisoners. The first name called was p that of George Adam, or Portskenett, tailor. 302. Charles Williams, of Redvvick, farmer ; 10/. free- Sir F. Pollock-My Lord, before that name is called, holder ; challenged on the part of the prisoner. I would beg to suggest a different order of proceeding. 148. Walter Lewis, of Monmouth, farmer ; rent The panel is presented here apparently in alphabetical about 251. a year ; challenged on the part of the prisoner. order, and I presume it has been arranged by some 149. James Long, of Lamachow, farmer: rent 200/. one in that order industriously. Probably your Lord- a year ; challenged on the part of the prisoner. ship will think that there is no impropriety in . my 48. Rees Davies, of Chepstow, draper ; freehold, value asking that the jurors who appear upon the panel about 1,000/. ; challenged on the part of the prisoner. shall be indifferently drawn by means of a ballot, as is pro- 49. Thomas Davies, of Claepstow, gentleman ; 101. vided expressly in all civil cases. My humble application freehold ; challenged on the part of the prisoner. is, that that course may be adopted on the present occa- 51. Edward Davies, of Tintern Persia, farmer. sion. If the list had been presented with reference to Sir F. Pollock observed that all these names came toge alphabetical order, I should not have made this applica- thor as they stood in the alphabetical list, tion ; but as they appear to have been arranged in this Mr. Bellamy said it was almost impossible to separate order industriously, I trust your Lordships will direct that them ; they filled the box so. He mixed them up as well as ho could. the names should be drawn by ballot. Mr. Kelly-I don't know whether the Attorney-Gene- Sir F. Pollock declined to challenge the Juror last rat intends to object to that course. If any opposition of called, whose qualification was a freehold of the yearly value of 201., and he was then challenged on the part of that kind was contemplated it mi g ht become a considers tion with your Lordships whether the interests of justice the Crown. do not require that the names should be drawn by chance, Sir F. Pollock then said-The Court will not be sur ds put into a box, or some other convenient means being prised at my objecting to the peremptory challenges on the adopted, so that the different names might be drawn part oft he Crown. lam aware that it is a vexed ues. one by one entirely by chance. I did not suppose that tion ; but inasmuch as the Court is now called upon (i for the Attorney and Solicitor-General would raise any ob- the first time to put a judicial construction upon a new Act jection to the course which has been invariably, indeed of Parliament, I should be wanting, I think, in respect to which must be pursued in such cases, and gene- your Lordships, but undoubtedly in the duty I owe to the rally, at least frequently, I ought not to say gene- prisoner at the bar, if I did not call your Lordships' at. rally, in criminal cases. Although I must not sup- tention to the eosition in which the question stood on pose or impute any intention of the kind, yet your Lord- former occasions. The present is not the statute of ships will see, that if the practice were acted upon of the Edward I. The privilege of peremptory challenges was names being taken successively from an alphabetical list, it granted to the prisoner, but denied to the Crown, by the might be made the erteelof an unfair and p artial selec. 33d of Edward 1., c . 4 th , which was re-enacted word for tion. The prisoners n, have no control o ver the p re- word, with the exception of one syllable. In substance, paring of the lists from the body of the county. The however, I must admit that it was re-enacted by the 6th providedned C ou tb n e se t, l itoheenlip inquests to read the Sheriff, or whoever it is that p re p ares the lists and sum- ofEGeorge whichh e L u e e n a t t i s o o t e e d, be taken whereinbefore the mons the Jury, or causes t hem to be summone s d e , might names tion sec very easily make a s election of persons who begin with the earlie st letters of the alphabet, who are any of the Courts thereinafter mentioned, known to entertain particular opinions, and whose judg. King should be a party, those who sued in the name of the cause to be shown, anal ments, at all events, migh t not be above sus p icion. King should only challenge for Your ' Lordships will, lam s ure, a g ree with me that it is that the truth thereof should be tried according to the cus. of the greatest importance in all trials, but especiclly in , ton of the Court.) a trial for the highest crime which can be committed My Lords, lam aware that, for a long series of years it in this country, that the administration of justice and has been considered to be the practice, and therefore, to every part of it, should be entirel y above suspicion. It some extent the law, that the Crown might postpone as is quite obvious that the number of challenges to which signing the causes of their challenges until the panel should a prisoner is confined being so limited by law, they would be gone through. Bu li t, my the Lords, what is the e would b effect of such probably be exhausted be fore the three or four first letters a practice in a panel ke present ? The t e 1 of the alphabet were got throu g h, although lam fir from suck as I think must alarm every person who supposes there 1 suspecting any improper m otive on the p art of those who is any safety in the statute of Edward, or any benefit to the subject and the country from that statute, or from the more prepare these lists, or any int ention to cover, and so to defeat the prisoner's chall en g es b y be g inning with the modern statute commonly called Peel's Jurors' Act. At a time when a small number of persons only early letters of the alphabet. Yet the mere possibility of so great an injustice would leave a case open to some sus- were wont to be assembled on occasions like the picion ; as the matter is entirely at your Lordship's dis- present, and when the panel might probably exceed five or cretion, and as it must be perfectly immaterial to the law six complete juries, the effect of postponing the assignment officers of the Crown, whether the names be all put into of cause by the Crown would probably have very little in a box and drawn by chance, or called alphabetically, 1 fluence. My Lords, this is a question not connected with hope they will not press or persevere in the objection. anything but the profession to which I have the honour to If, however, they do, I still trust that as it is a matter in belong, in conjunction with your Lordships ; and I beg question any , consideration, I have had but your Lordship's discretion, the Court will be pleased to leave to say, that, from the earliest time I ever gave the Theretimesne felling e r le old.n t o direct that which is in itself but just and reasonable, and which will remove from the administration of upon it, and I feel it to be my imperative duty to take the g justice all the possibility of the remotest suspicion. I very first opportunity that presents itself, of calling the at have ventured to offer these suggestions to your Lord- tention of the Court to the monstrous injustice which ships, and I hope the officer of the Court will be directed would be perpetrated, if this statute, recently passed, the of same tthe construction present panel.es i n to take the names, not alphabetically, but by chance as they were iAook to et receive the extent ' they may appear. be drawn from that box 240 names-at least a s many The Attorney- General-I am far from disputing the as that. The challenges for cause on the part of the . • authority of the Court to direct that the jury shall be coupled with the 35 peremptory challenges to w p h n i s c o h ne h r e selected in any manner which may be conducive to the ends is restricted by the law, can hardly be expected to exceed of justice ; and if your Lordships should be of opinion the number of 50. Deduct 50 from the 240 names in that, for the first time, juries should be selected by ballot, that box, and 190 remain, and the Crown will have a I shall respectfully acquiesce in your decision. That is a right, by postponing, of assigning the cause for its chat. matter of vital importance , and whatever j ud g ment your leneee in effect to select from out the remaining panel Lordships may pronounce upon it, I shall receive with those 12 men out of the 190 who shall be thought the entire satisfaction ; but from the 7th of William 111. to most convenient; for I don't know by what name the pro the present day, the form of proceeding now proposed seeding must be termed. but I presume I mist call it most has never been adopted. The course has always been convenient for the administration of justice. The law to begin with the names which stand first on the list, and officers of the Crown would thus obtain the , right out of to proceed with the challenges on the part of the prisoner the 190 to select the identical 12 men whom they had pre and of the Crown, in proper form. These proceedings . If such ' ed:ng do not 1 ly fixed upon. a course or proce have taken place before the most constitutional Judges, "ug the law officers of the "rown the meanteef packing a and when the prisoners' advocates have been men of give .. know not what does. And is it not tohe deemed a the first eminence, name, and character. The rule Jury , I ;i icethe: the Crown should at once take the came down to us in the manner I submit. The ground monstrous injustice 1 prisoners' challenges are ex for this novel proceeding in cases of treason seems to be 190 names, and say ll t re for cause, but he must that the jury list is alphabetically arranged ; but I say hausted ? He may cha enge, indeed, t. p ng. our assignment of at once assign, and we, b that there is less necessity for a ballot on that account than y postponing - oul'ndiv'duals out of the cause, will take precisely those 12 i i in the usual case. I never saw the list until I came within the walls of this Court, nor was I aware that it was ar- remaining 190 whom we have fixed upon. What means Ipacked e I ranged alphabetically, until my Learned Friend ( Sir F. has the prisoner of escaping from a Jury thetme on this Pollock) pointed out that it was made out, not indeed do not presume to accuse the officers of Crown .t. strictly alphabetically, but that is its principle. This occasion of seeking to pack a Jury through the exercise o shows that there has been nothing like selection in the this power ; but your Lordships will remember that the ff has submitted the names. law of England knows no distinction between what may ma nner in which the Sheri There has been no challenge to the arra y , and the return be .done, res that no and what p ersons ma able of such an abuse shall be en y choose to do. The law re must therefore be considered to be a fair and impartial qui power cap re t u rn. Is there any reason fo r de p artin g from the usual trusted to the officers of the Crown -a p ower which course? If the Court is of ()Pinion not merely that the amounts to a practical repeal of the statute, and not only list was not a fair and impartial return, but even that it was to that, but which gives to the Crown the power of pack not above all suspicion-if any suspicion could attach to ing the Jury, and trying the prisoner with any twelve.men the usual course-I should at once concur in the proposed out of 190 whom it may think fit to select. My Lords, change, arid consent to depart from the common rule ; the appeared to be so monstrous to one Learned Ju d g e, and unless some reason be as si g ned for such departure, I that he considered h was in the discretion of the Co urt to submit that it would be inconve nient to de p art from the interfere with it, if the Court thought it right to do so. established practice ; we shoul d be travellin g out of the I will refer your Lordship to the case of Harding, in the usual course, and we should sot know to what deviation it year 1790, in the 24th vol of the " State Trials." might lead us. [The entrance of th e G ran d Jury here interrupted the Sir F. Pollock-Perhaps you r Lordshi p will p ermit me Learned Counsel. A t r ue B i ll w as brought in against George Tomlins, for a riot ; no true bill on the first count , to state that, as far as my mem or y serves, I have looked over former pannels , and I find none of those which I have but true bills as to the second and third counts a ainst Edmund Richards and Th omas L e wis, for a cOns g irac • looked over arranged alph abeticall y . I am not prepared to say that that has never be en the case, because my im- and riot ; and a true bill against William Shellard,P 3 for a pression is-and lam bound t o state it accura.el y when I conspiracy and riot.] am making a statement to your Lordship-that on one cc- Sir F. Pollock resumed his casion, and one only, the li-t was alphabetically made out. Horn Tooke, • Chief Justice Tindal-What case was that ? state The Solicitor-General-If any, it was the case of calling over Brandreth. Sir F. Pollock-My Learned Friend says, if any, it was the case of Brandreth. I believe that was the case. Chief Justice Tindal-That was a Derbyshire case. Sir F. Pollock-It was in October, 1817, I believe. Mr. Justice Williams-The persons called there appear in the book, and their names do not appear alphabetically, his argument. At the trial of Horne in 1794, Lord Chief Justice Eyre made 1 merit to this effect, and stated whilst the - ' panel was for the purpose of forming a Jury. At 25 of the report, Mr. Tooke Crown objecting without p. . made an observation on the assigning cause. They had gone through thepanel, and it then was objected that the Crown ought to assign cause for chall that the prisoner oughtnot challenges enges and till to be called to make the Crown had challenged, for cause. Tho Lord Chief Justice said : " I ' Sir,F. Pollock-Then my Learned Friend was wrong in Counsel has advised you very properly think your not to resist the the case. In every case that I have looked into from chalks from the C ges Crown ; and why those challenges are the persons objected and those sworn as jurors, it is taken, so far as legal history affords us any light, t h e is obvious that the names wer e not arr a n g ed al p h abe ticall y ; course is clear. The Crown • entitled to no peremptory and I presume that the Under- Sheriff took them bl proba y challenge, but the course is that the Crown may challenge by lot, or in some other wa y , but not in re g ular or d e r. as the names are g iven forth, and not show cause till the p In the cases of H ard y , Horne Tooke, and Brandreth, panel is gone through. That is the course of r i proceeding it was so. In the case of Crosafield the first j uror was which use has established, and I take it tbe the laweding o Shelton Ray, the next Johnson, then Anderson, and so the land. At the same time, 1 feel that the circumstance on. Here we have a list o f 318 j urors. Alread y by going that it has become absolutely necessary tobavoayss through the panel a number has been struck off-between more numerous panel than in ancient times, might give to 70 and 80. We have left 250 or 2411, and your Lordships the Crown an improper advantage arising out of that mode, will perceive that if this course be pursued on the present and whenever we shall see that improper advantage a t. solemn occasi on w ith the thirty-five challenges, without tempted to be taken, it will be fin- the serious considera cause on the part of the prisoners, and the small number tion of the Court, whether they will not put it into some which they may make with cause, and with the twelve who other course, to prevent that advantage being taken ; but shall be sworn on the J ur y, we shall hardly dispose of Ido not perceive that there is any complaint at all as to more than fifty or sixty of th e p a nel. In consequence of the exercise of that power in the present instance. How this, the Court could hardly get through even a small por- many have been challenged on the part of the Crown ? tion of the alphabet-certainly not half. Now is this to be -Mr. Shelton (clerk of arraigns)---Seven. Lord Chief the course? Is the Sheriff to return alphabetically every Justice Eyre-Therefore it does not appear to me that gentleman iii the panel, or is he sometimes to begin with any improper advantage has been taken..-Mr. Tooke the letter A, sometimes with 13, sometimes with C, and Seven is a majority of my Jury.--Lord Chief Justice Eyre so On? The present course would shift from those who se -But no improper advantage has been taken. The ile names begin with the latter letters of the alphabet, the he when the panel is gone through, if there be not a suffi burden of the duties of this Court, and these duties are cient number left, then the Crown must show cause." much more important and more onerous than those of the Now, my Lords, with great deference to your Lordships, ordinary assizes. I had thought it probable my Learned I conceive that this practice commenced at a time when Frieci.d would have acquiesced in my applicatio n , other- a deference was paid to the Crown on occasions o f this w i s e I should have been better prepared to address your d e scription which th e law does not warrant, and which L or dship in support of it; but my Learned Friend 'ai r. t h e Acts of Parliament passed on this subject were i n . K e lly, has so well stated the justice of the case, that it is ten d e d to prevent, especially the statute of Ed war d 1., unnecessary for me to add more than that the rights et now retracted. I am not disposed to run over the various the Jury call for the adoption of the course, which , I re - matters in the history of our law, which I am sure must ject. The freeholders of the county have a right to be present to your Lordehips' minds, wherein the C rown s ay, " Let not the burden be cast upon us - let the has had advantages from time to time, it is exceedingly pa i n ful and onerous duty be shared amongst all." My difficult to know why. Your Lordships know we ll h ow \ humble application to your Lordships, t h ere f ore , is, that at length by successive acts the subject has been at last you will direct the names of the Jurors to be drawn by bal- p lace d upon an eq ual footin g in point of rights, in point of l et , an d I understand that a rran g ements have been made means of ge tting abler witnesses, matters swearing them, allowing to that effect, if your Lo rdshi p s, with the view which you them to be called, .S:c., all which were considere may take of the subject, should order it. I may mention tope at , one time by our Courts as a most intolerable prac that every o ne o f my L ear ned F r i en ds near me h a s lo o ked tice, and fou n d e d o n no law. It is the more needless into the cases sin ce I have been addressing your Lordships, to remind y our L o rdellips of these matters, because I and they cannot find a single instance of the list of jurors they have n„ long passed hey ; but it is not amiss •alphabetically arranged. The consequence en _ t o remember that these privileges granted to the being be an artificial and Crown arose out f feelin that because th n doubtedly is, that the present must . f h S • oaintroducedin record, e me ,and I seek to dis- 0 t e overeign is natural arrangement of the not a . dthat the names shall be selected without role- Sovereign has , therefore, some personal or public interest turn It; an in the alphabet. -es if the Soverei e could have any interest beyond or to the order in which they may stand, . g rence'n that alone besides the justice of the case. Your Lordships know I trust your Lordship will think row 1 y din so impsrtant . that formerly the foundation of the rule which refused can full satisfaction be given in a prove° g Counsel to a prisoner, was because it was held to be con and momentous as the present. . _ __ Lrary to the allegiance which was owed to the Crown to 1 When was it begun ? When the man had the bo ok in his ITI LE appear against it in any case where the Crown was a I, ham' ;• when the words were begun to be pronounce d, as I patty ; as if the Crown had an interest in the guilt of a I, in a less important case it was decided that it was twelve prisoner, instead of having the highest interest in . o'clock when the clock commenced !striking. Here the g iving him every possible facility to 'wove his innocence. man had laid hie hand upon the book—there might be On these grounds, then, I submit my objection to your mistake on the part (:)-' the officer; but still it was too Lordships. I promised your Lordships not to indulge in a I late ; and in this case the challenge for the Crown ought long argument, but I should forget these opinions and not to be allowed ; as in that case, it was refused to the views, which more than one of my Learned Friends around , prisoner, because the oath had been begun to be sworn. me at the table know I have long en t e rt a ined, if I did not i Chief Justice Tindal observed, that this was a mere represent, though in the shortest, yet in the clearest man- I question of fact, and it was one to which their attention ner that I am able to show your Lordships, that the Act , had not been so distinctly directed that they could decide of Parliament passed in 1835 is now, for the first time, to I between the parties. He must then call upon the officer call on your Lordships to pronounce that the ancient prac- to say how the fact was. He then asked Mr. Bellamy whe tic.. was founded on a deference and a species of courtesy I ther he had authorised the party to take the book i to the name of the Sovereign, which it is nu part of the Mr. Bellamy replied, that he had no recollection of prerogative to demand, and no part of sound loyalty to having looked to the Attorney-General for his assent or yield. That defs-tence is a constitutional deference. disse nt . He had no recollection of any such thing. I submit therefore to your Lordships, that the smallest I Chief Justice Tindal then remarked that Mr. Bellamy practice which prevailed was founded on no constitutional I was the proper officer of the Court; and the fact was not law, but is in fact, if it be carried out, a practical re- I sufficiently made out to justify them in believing that they peal of that Act of Parliament which was considered to ought to i n t erfere. The words were, that the challenge be law, since the 33d year of Edward 1., and which has I was to be made to the Juryman as he came to the book never been re-enacted by Peel's Act. I submit to your to be sworn, and before he was sworn. It was evident Lordships that you are now called upon to put a construe- that it was supposed that those acts were to be simulta non upon it by my Learned Friend, which it ought not to neous. But then if a Juryman of his own act, and bear, and which will be fatal to its spirit and intention, and his own accord, took up the book, was that to which will practically give to the Crown that power of to take assay the right of challenge from the one peremptory challenge, which the Act itself expressly de- side or the other ? It appeared to him that before ,tics to the Crown. Your Lordships will, lam sure, see the Juryman took the book, either party could object Piet there is nothing in the statute itself to authorise such a to him. But, then, was it to be left to uncertainty—to practice, but the contrary ; and I trust that your Lordships the act of a man not authorised by the Court, but from will pronounce it to be a corrupt practice, founded on no his merely laying his hand on the hook, that they were to I.e.v, nor on the judgment of the Learned Judges of the I take from the prisoner and the Crown that right which lend ; and on which, therefore, in accordance with the the law gave them. He thought not, and therefore the Opinion of Lord Chief Justice Eyre, it is within your objection made, and which referred to the point of fact, Lordships' discretion to control. In pursuance of these could not prevail. As to the former question, the question views, I humbly ask your Lordships to call on the law of law, they were now called upon to place a construction officers of the Crown t o disclose the cause of their challenge, upon the statute of Edward 1., in direct contradiction to Mr. Kelly foll owe d on the same side. I should hesitate that which prevailed at the very time that the statute to trouble your Lordships, after the opinion of my Learned had been enacted, and which had ever since then been Friend ; but i feel this to be point of so much importance adhered to ; they were called upon to do this in contra of the highest constitutional importance—that I feel it diction to all that had been done by their predecessors. my duty also to call our Lordships' attention te the terms Where, then, would be the ce r t aint y of the En g lish law -the express terms, of the recent statute which m y where the safety of the prisoner, if the Judge, called upon Learned Friend ha s quoted to your Lordships, and o n to act upon his own discretion, were, without looking to the which I also contend that the Crown has not the power wise men who had gone before him, and for the first which the officers of the Crown now claim on its behalf. time, being called upon to place a construction upon an If this power b e admitted, there is no extent to which ancient Act of Parliament, was to differ from all who had it may not b e carried—that of allowing the Counsel for gone before hint? Even by the language of the clause in the Crown to sel ec t the jury they please out of a panel, the recent statute, which had been referred to, it would however numerous it may be. I call your Lordships' be found that it was no unfair or improper conclusion attention expressly to the words of the statute, because to come to, to say that the Crown was not called upon to those words constitute, I apprehend, the sole authority make its challenge until the panel had gone through. As on which you r L or d s hip s ca n deal with this statute, to the words relied upon by Mr. Kelly, all they meant was a i n li d ac b k e s c to a n u e se_ , i; affords an unerring rule for its own that the j ud g ment u p on challen g e should be in the discre constsuction. Th e A c t w hi c h preceded it, and which t i me of the Court. if an y inconvenience was felt from the is re-enacted by it, is thus referred to by Mr. Justice presen t construction of the statute, and the practice es - It is sa id thi s privilege of peremptory tat - dished, the Legislature must alter it. They, the Judges challenge, though granted to the prisoner, is denied sitting in the Court s could only administer that law which to the Crown by the Statute of 33 Edward I. s. 4, which was established. enacts that the King shall challenge no jurors without Judge Parke said the Court was satisfied that in this assigning a cause certain to be tried and proved before case tne Crown had interfered when there had beets an the Court." Mr. Justice Blackstone then goes on to unauttiorieed taking of the book. He thought, however, point out the practice Now, my Lords, as far as these that it would be much better for the future if the officer l A iu c m ts be al r on o e f enacteda p re er c e o m ns p i t d o s r l y ed c , h i a t il i e s nges, as clearly as pus- who sat unde r there should ask each party wheth er the y sihle sbaii t h h a a v t e the no p n r e iso ; ne a r n i d u h c i e g r h ta t i r n e l a y so it n shall have a certain challenged or not ? He remarked, that the clause in the but in us t t hat su t r he ris C e re a w n l AEcdtwarredterir.ed Asto wteastdhierecetplyinieconpieefd C fro h m ief t . l i t n e st s i t e a e tu E te yr o e f , one, whether a lawyer or not, to find that so far i which had been alluded to, he did not think it was correctly from that law being strictly observed—so far from the laid down. prisoner having this valuable advantage expressly given Judge Williams briefly expressed his concurrence with tai him, and denied to the Crown, the statute should both his Learned Brethren on the Bench, upon both points. be thus evaded, and disadvantage given to the The ballot for jurors' names was then resumed : next other side by permitting the law officers of the Crown Edward Buttell, of Mitchell Tory, farmer, was to challenge any juror, and to defer assigning called, and no objection having been made on either side, cause till the whole panel is gone through. If this prac- he was sworn. tics is to prevail, it gives to the Crown so many peremp- John Linus, of Abergavenny, was challenged on the tory challenges so long as twelve jurors be left on the part of the prisoner. panel, however numerous it may be. The Learned Counsel Thomas Swift, timber merchant, Monmouth ; Thomas then proceeded to contend that the practice which had Iles, of Tintern Parva, farmer ; and Charles Hale, of arisen in former times when panels were much less mime- Nash, farmer, were challenged by the Counsel for the roue than at present was not productive of the same effect, prisoner. and, probably, it was a mere matter of convenience at the There was no objection to James Hollings, and he was time, just as if their Lordships had requested his Learned accordingly sworn, as was Thomas Jones, of Greathouse Friend to postpone his observations until the juror had Nash, farmer. withdrawn, and therefore would be most properly sup er- William Jones, of Nash, farmer ; James O'Hare, Mon seder' when instead of convenience it produced inconve- mouth, grocer ; John Roberts, of Shirenevvton, miller ; Mance, and what was worse, deprived the prisoner of and Richard Reese, of Rockield, farmer, were objected to thete,_zr now left which the statute had secured to him, and by the Counsel for the prisoner. transferred from him the advantage to the side of the Edward Reese and Edward Smith, not being objected Crown. Besides, by statute 6th Gco. IV., c. 50, it be- to. were sworn. came no longer a question of construction, but was a mat- Rees Prosser was excused on account of ill health : p le o f s t es to of th in e j ir us L tic o e rd , ships' own discretion. The 29th James Rosser, farmer, of Penhaw ; John Reece Mister, of section, which referred in the margin to the 33d Ed. 1., Lamnartin ; Isaac Hurcan, butcher, of Chepstow; James left it expressly to their decision. The Learned Counsel Powles, farmer, of Ragland ; Thomas John, farmer, of then ii dwelt on the dangers that might occur by placing power Nash ; Edward Williams, farmer, of Landervenny ; Crad- Crown to such ab use in the hands of the officers of the dock Gwynne Watkins, farmer, of Langwrn Ucha ; Wm. m any successive statutes h send d tte s ar t li and for, though no one could suspect the Honourablo J a mes, farmer, of Goldcroft ; John Bewett, victualler, of .o,,ffie . u cia e l ar o n ni ed ce A th; t e to a r ni n nd e s y tre - uo G inn eneral of using such a Power for Abergavenny ; Samuel Churchill, gentleman, of Lien ma v instances what oceans ir t int i ti s ygg to g r ol y tefhdet h ht a oo d osoebbj proved, in too Nowell ; Philip Bennet, farmer, of Penhow ; Jas. Young, shed through ' of innocent blood had been innkeeper and farmer, Christchurch ; and William Henry big the privileges of the Crown, and extending statute, w acditi h nn o ,gow h f ehtalhibdaorisiti those ga a oo t .f J f: a nr i tiGtteih.isee,t prisoner.a n , n e ofr,, Caerl e o n , were objected part o c o f o t p n e e r, , prisoner, Ab e r b v n e t n n w y, a , prisoners, was challenged a n l o le t n o g b e j d ec b te y d th to e he trusted that their Lordships would hesitate Crown, as was William Styes, farmer, of Langaply. to throw the weight of their authority into a scale already Joseph Waters, farmer, of Nash, was challenged for the too powerful, but would require the Attorney-General to prisoner. assig n the cause of his challenge, and, in the words of the Christopher John, farmer of Redrack, was not objected " proceed to try whether it be true or not after to, and was accordingly sworn, as was William Williams, their own discretion." The Learned Counsel proceeded farmer, of Langattock, nigh Usk. also to object to the challenge of the Attorney-General in George Adams, tailor, of Portskewitt, was challenged ration to the present juror, because he had taken up the by the Crown. i L sa e' s ar t ' o 9 o late. hook after having gone through his examinatio n as to his Joseph Coles, cordwainer, of Shirenewton, was struck qualification a second time to be sworn as a juror, which, o ff for want of sufficient property qualification. according to the decision in the case of Christopher Charles Boucher Howells, corn-factor, of Abergavenny, Sir Frederick Pollock here announced that the number e. IV., 16 vol. Cobbett's State Trials, page 135, was challenged for the prisoner. The Attorney-Generel denied the fact. of c hallenges allowed him was exhausted. Mr. K e ll y had not w i tnesse d i t hi mse lf ; but he stated John Richards not being objected to by the Crown, was the fact s as detailed to him by others in the Court , a nd sworn. their L or d s hi ps cou ld easily ascertain the matter of fact ; Thomas Lewis, farmer, of Whitson, not answering to but he trusted the first objection which he had ma de his name, was fined 101. would be a d m it te d b y their Lordships, and consequently David Davis , farmer , of Ra g land, Isaac Williams, sad save them t h a t trou b le. dler, of Usk, William Jones, tailor, of Abergavenny, and Chief Ju s ti ce Ti nda l wished, he said, first to hear ho w C harles Charles, innkeeper, of Tintern Parva, were chal , nood th e matter o f fact—what, inquired his Lordship, does l o nged for the Crown. the offi eer say ? John Capel Smith. not being objected to by the Attor et:itn,;ltir,y.teifmeoAireat.titiohirinnecy(the crier) replied, that the book was ccr- Ile) -General, was sworn , and the officer of the Court an teirly in the h an d o f t h e j uryman. uoun eed that the requisite number of Ju rors were sworn. And Justice —At w h a t time? Mr. Mullion—The se- The followin g is the list:— John Daniel Edward R eese Edmund Smith r - o G w e n n e ro r al m s a a k i de anythat e t h la a e ll r e e n g w e a . was no lf. aop jury_por- . Thomas Davies Richard Lewis Christopher John atom were by any accident to lay his hand on the book, and Edward Brittle William Williams thet without the authority of the Court, that could not be James Hollings John Richards eiinsidered as a sufficient reason why the prisoner should T homas Jones John Capel Smith be deprived of his ri g h t o f c h a ll enge , nor could such acci- The Attorney-General them addressed the Court, and (kept be made use of, as against the Crown. remarked that the hour was then a late one ; he was Chief Justice Tind a l (t o M r . Bellamy)—Do you re- anxious to pursue the course which would be most con member whether you desired the Juryman to take the te nient to the Ceurt, and wished to ask their Lordships it book ? lie should proceed to open the case? Mr. Bellamy— I had not directed hint to take the hook. Chief Justice Tindal said it could hardly be expected Sir F. Pollock—The officer had given the book. Your that he should be called on to open the case at that hour ; Lordship's officer is the officer of the Court. but it would, perhaps, he better that the Jury should hear Mr. Mullion-1 understood Mr. Bellamy as having au- the charge read now. tliorised me to administer the oath, and 1 was about to ad- The Attorney-General having assented, the first count m inister the oath when I was stopped. of the indictment, and the substance only (with the con- Chief Justice Tindal—The language of the Courts upon sent of Sir F. Pollock) of the second and third counts this point is, that the objection is to be made as the Jury- acre read. ni:n comes to the book, and before he is sworn. That Some bills were then brought down from the Grand eas laid down in Darley's case. Jury, found against Henry Harris, Isaac Davis, David Judge Williams —ln Darle y 's case the oath was cos Williams, Charles Bicknell, James Moore, William Hat rn inenced. turd, and Thomas Ball, for conspiracy and riot. Th e Attorney-General—Chief Justic e Abbott laid it The Clerk of the Arraigns then said that to the indict doe n, that the proper moment to make the objection was meats which he had read to the Jury, the prisoner Frost b, fore the juryman began to be sworn. The challenge is had been arraigned and had pleaded " Not guilty," and it in time if made before it is began to be administered. was now their charge to inquire into the truth of that plea. Sir F. Pollock—But what is the beginning of the oath? Chief Justice Tindal then addressed the Jury, and said Is it that the words are commenced being spoken, or is it th a t he was sorry that the purposes of public justice re et the time of taking the book in hand ? quired that they should be kept absent from their friends Judge Parke—The difficulty that the Court feel here is during the trial. The Sheriff had, however. taken al! net as to the first point of law, but it is as to the matter of pains in his power to render them as comfortable as pos sible, and two bailiffs would be sworn to attend on them. fact. The Attorney-General remarked, that the officer, Mr. Two bailiffs were accordingly sworn for thie purpose. Bellamy, said that he had given no authority for the oath Sir F. Pollock then applied to the Court to allow ac e , f li a c n e t r i r e c e a s s s 0 , n b a y b t l e h e h prisoner'su rs ; a n d aft t i w r n n s a l i n e d a c o n u e i i i I ti v e e l r , s t a o t i n h n i m , i t a wall i 1- f ; e rs i i t tg len a k d e m d i n to i st t e h r e ed p . r i sn T n l e te es p r c a c o t n i c u e s e i w f a o s r . a that to the Counsel for the Crown ; so that each had a arranged that they should have access to him at any timethe pretended that any such form had been gone through on night. a fter seven o'clock in the morning, or before ten o'c l oc k at toll opportunity for mak in g his challen g e. Could it be the present occasion? Here Sir F. Pollock did not make A Juror here complained of illness, and that he would his challenge ; but was the same opportunity given to the be seriously injured by being confined. Crown ? Certainly not ; and yet, now that the right was Chief J u stice Tindal said that this complaint should have exercised by the Crown, s ince th e re i gn oh' Ed wa rd 1., an been urged before; but he would have attendance, and te tempt was made to take from it that w hich it was fully beds had been prove by the Sheriff for the Jury. .. entitled to exercise. The Court adjourned at half-past five o'clock . The Solicitor-General observed that his attention had o'clock to-morrow morning. been alive to what was passing, for at that moment the Attorney-General was communicating with another person, he himself had his eye upon the juryman at the time, and he could say positively that no appeal had been made to the Crown. He appealed to the Under-Sheriff, who was beside blurs a t th e m oment, to say whether or not his observation was not perfectly corre ct , Hi s id e a was that the juryman ca me upon the voir dire t o b e sw orn, and that he retaineal d iaede the challenge. Il e cou ld n et resist saying a wor d upon this particular p o i nt. If t h e re was any one point on ?,hich their Lord s hi ps shou ld be most cautious , it time book up to the moment that the Attorney-Gen er would be in deciding in favour of the ob j ection which sit made up o n this point. Let his Learned Friends look how such a decision as they now sought rm h fo igt be made to operate against th e prisoner. Would they wish that in a future case the mere accident of a Juryman, without being authorised, placing hi s band on the book, should deprive a prisoner of his right of challenge ? There should be the judicial acknowledgement of the Juryman— the fact ought not to be made dependent upon an accident. It was not by an accident that the right of the Crown, or ,t . the prisoner, ought to be decided. Unless Mr. Bel lamy gave the opp ortun i ty to his Learned Frie nd, as well ..,s to the Counsel f or t h e pr isoners, to mak e their chal lenge, the present o bj ect i on could not preva il. Sir F. Pollock r emar k e d, that as the Court did not call his Learned Friend s to reply to him upon the point w hich lid been first mad e , h e s h o p uld say no mor e about it. His Learned Friend (th e S o li c itor -General) said they ought not to be so strict with him, lest lie should be as strict with them. That they must ta k e at their peril. But they now felt bound to resist the Crown, when it was attempting to do that for which it had n o right. The facts were these —the Juryman took up t h e book to be sworn u p on the voir dire; he declin e d to c hallenge, and then there was abundance of time f or t h e c hallenge to be m ade. He could not see whether Mr. B e ll a my looked at the Attorney-Ge neral ; but this he s aw , that the Jury man had the book in his hand and was about to be sworn, and then a suggestion came from behind. The Solicitor-General assured his Learned Friend that there had been no sugg es tion. He knew perfe ctl y well what was to be don e , Sir F. Pollock continued by saying that the officer had then called upon the par ty to take the book. It was not until the book was i n hi s band, and the officer about to pronounce the oath, that the challenge was made. It was, then, under these ci rcums tances, that he p rotested now against the practice b e i ng different from what it had been upon former occasi ons. In Darley's case it was decided that the moment th e oat h was begun to be administered. nine NEW AND CHEAPER EDITION OF THE " DIARY OF THE TIMES OF GEORGE IV.—A 3 cheaper edition in post B vo. , of the concluding volumes ( and 4) of this remarkable , and w e may now say celebrated, wort, has just appeared. The reduction in price will, no doubt, greatly increase the alread) large sale this production has met with, for however much the authoress or editress may be decried for her private disclosures, there can be no question that as a faithful picture of the doings of the so-called " Great," the book is with out a parallel. The third and fourth volumes, in ad dition to the " Diary" matter, contain a series of sketches of the most remarkable political characters of the Regency of George IV., and the numerous letters and anecdotes of Scott, Mao r e , Gell. Lewis, &c., in -1 terspersed throughout, render them in a literary point of view, even more attractive than the earlier portion of the work. DR. PYE SMITH.—Many of our readers will be pleased to hear that this eminent scholar and theo logian is expected to pay a visit to Oxford to supply the pulpit at George-street chapel next Sunday. The Doc tor is theological tutor at Homerton College, and author of a celebrated work on the Scripture Testimony to the Messiah, well appreciated by all Students in Divinity.—Oxiord City and County Chronicle. A SUBJECT FOR THE NATURALIST.—At King's Pion, in this county, is to be witnessed traordinary phenomenon of a cat tenderly nursing and rearing a nest of young rats. The cat was deprived of all her kittens, when she adopted as her proteges this strange opposition to affinities. The young rats are perfectly tame, and are to be seen running about the room apparently perfectly reconciled to their condition. —Hereford County Press. OUTRAGES.—Within these ten days several unseemly disturbances have arisen in the village of Milo gavie and neighbourhood, in consequence of a number of stout fellows going into peaceful dwellings, with their faces blackened, and demanding money from the in mates, which, in consequence of the terror they excited, they have in some instances been successful in obtaining. We hear that several cases of sheep-stealing have oc curred in the same district, and that intelligence of these outrages have just been communicated at several county and city police establishments. MARKETS-(YESTERDA (From the London New Price Current of 31. ) SUOAR.—The Gazette average price is now 37s 71 ,1 , in 1838 it was 35s 10d, and in 1837 41s 4id. The stock of British Plantation Sugar is now 31,768 hhds and trs, which is 3,538 more than last year at the same period. The stock of Mauritius is 52,309 bags, being 2,049 more than last year. The stock of Bengal is 83,185 bags, which is 16,851 more than last year. The delivery of British Plan tation Sugar for the last week was 1,457 hhds and trs, being 52 more than during the same time last year. The delivery of Mauritius was 3,064 bags,which is 771 more than last year. The delivery of Bengal was 1,245 bags, being 358 more than during the corresponding week last year. REFINZD.—The grocers have purchased Refined Goods to a fair extent during the last two days, and have paid 76s 6d for standard lumps. In Pieces and BaEtards there has not been much business doing, but prices have under gone no variation ; the better kinds are the most in request. Treacle has been in good demand, and prices have advanced to 31s 9d to 82s for common ; in the best old make sales have been made at 35s per cwt. Bonded Crushed Sugar is wanted, and 34s 6d is readily given for present delivery, and 34s 3d to wait a month ; at these rates there is not much to be had. Dutch may be had at 31s 6d on board at Amsterdam. EAST INDIA.—The demand privately for Bengal is only for small parcels, but prices remain firm, particularly for coloury kinds ; 2,000 bags white are declared for auction on Friday next. Manilla is wanted by the Refiners, and the rates quoted have been paid privately for several par cels. Siam and Java are beta firmly at the rates quoted, at which small purchases have been made. To-day there was a good deal of inquiry for Manilla for refining, and about 2,000 bags were disposed of at 20s to 20s 6d for middling brown. Java was sought after, and 20s to 20s 6d paid fur small parcels of middling brown, and 225 for fair grey. AIAVRITIUS.—Prices have undergone no variation since we last wrote ; but the operations by private contract have been limited, the deliveries from the warehouses however have been good. For public sale to-morrow 6,000 bags are declared ; other sales will be shortly announced. There have been several arrivals. FOREIGN.—For yellow flavannah former rates are re quired, but there has not been much passing by priiate contract ; an improvement in the demand is, however, looked for, and some parties are not inclined to sell at present rates : white is totally neglected. Corees.—The clean qualities of West India are much wanted by the home trade, but business is restricted by private contract, in consequence of the small supply at mar ket, and prices have again improved. Jamaica and Domi nica have been disposed of to a fair extent ; middling at 124 s to 1265, good middling 130 s, fine fine ordinary 116 s to 120 s, good and fine ordinary 110 s to 113 s ; fine mid Jamaica, of which there is scarcely any to be met with, has brought 140 s per cwt ; 100 casks are declared for sale on Thursday and Friday : the ships arrived from the West Indies have again brought only a small quantity of Coffee. The stack in first hands is reduced to a small compass. East ludic and other clean descriptions admissible for home use are held firmly, and the trade still entertain a favourable opinion of the article.—ln Java a fair business has been transacted by private con tract at previous rates; good bold pale quality has been disposed of at 80s , and bulked at 76s 6d to 77s per cwt; 2,000 bags are declared for auction on Tuesday next. Mocha has been sought after, but business of moment has been prevented in consequence of the re. duced stock ; for common green 114 s to 115 s has been paid. Ceylon in small parcels has been disposed of at 105 s for good ord, and superior quality at 106 s to 108 s ; 2,600 bags arc declared for auction on Thursday. Of the clean sorts of Brazil there is little to be met with; unclean kinds are more in favour, and several parcels have been dis posed of at 48s for good ordinary Rio. Sumatra, Suma rang and Mysore in small parcels have been disposed of at our quotations ; for public sale on Bth January, 3,450 bags Laguayra are advertised. Several vessels have arrived from the Cape with Coffee during . the last few days, amongst which is a cargo of fine pale Cuba, consist ing of 566 casks, 150 tees, 535 bags, which will be shortly brought to public sale, and will no doubt be taken by the trade, as a substitute for middling Jamaica. If the Com missioners of Excise should persist iu the course they have commenced, that is of seizing Chicory found on premises where Coffee is retailed, it will much increase the consumption of the latter article. Importers of Foreign are not inclined to reduce their pretensions, but their are still few buyers, and the operations in St. Domingo are not worth enumerating ; but of Brazil, 600 bags have been disposed of within the range of our quotations. Tat.—For black and green descriptions of Free Trade Tea a good demand prevailed from the trade up to the close of last week, and the merchants obtained higher prices—for common Congou for cash 2s 3d to 2s 3id was paid, and 2s 4id to 2s 5d with a prompt ; Twankay was disposed of cur rently at 2s 5d to 2s s id for money , 2s 6d to 2s 6 i d with a * prompt, and common Hyson 3s Sd to 3s 4d ; at these rates large parcels were disposed of. In Company's Con. zou large purchases were made at the improved rates of 2s 4id to 2s 5d for cash, and 2a 6d to 2s 6id with three months' prompt; but yesterday there was less life in the market, and but few purchases were made in free trade, the merchants, however, refused to reduce their preten sions ; Company's Congou, however, was not held so firmly, and small sales were made in some cases at 25 Akid for cash, but holders generally were not disposed to sell at thii figure. The deliveries of Tea from the warehouses since we last wrote have been 292,0001b5. Accounts from Canton may be looked for about the end of the end of this week or the commencement of next ; but no news can be received as to the instructions sent out by Government to Captain Elliot before the latter part of next May. To-day there was not much business doing in the Tea market, but holders were not inclined to sell on the terms of yesterday ; a large proportion of the Tea declared for Monday next not being held by the merchants, but being in second hands, it is supposed that it will not be offered for sale ; the latest prices paid are, for Company's Congou, money, 23 sd, credit, 2s 6d to 2s 6id. Free Trade Congou, cash 2s 4d, with a prompt 2s 5d to 2s sid Twankay common, money and with a prompt, 2s 6d to 2s 6id per lb. Rum, BRANDY, AND HOLLANDS.—TIIO merchants still refusing to accept lower rates for Rum, have caused the operatiOns in all descriptions to be very limited ; if they would accept rather lower prices it would lead to a fair business, buyers of proof Leewards at 3s 2d, but no sellers under 3s 3d per gallon ; the quantity remaining in first nands is by no means large. For the small par cels of East India Rum lately imported 3s is asked for proof, and 3s 7d to 3s 8d for 10 per cent. overproof. Brandy of good quality is in fair request for home use as well as for exportation, and prices remain firm, but for common sorts there are few buyers, and Bordeaux may be purchased at 2s 7d per gallon. Geneva is fully as dear, and the operations have been to a fair extent. British Corn Spirits are less in request, and some of the distillers are willing to make contracts at 10s 2d per gallon. Seices.—Black Pepper of common quality is in request, Sumatra at aid, there are buyers to some extent at 3i , 1, but no sellers thereat. Pimento dull of sale, but not offered cheaper. Cassia Lignea is held firmly at late rates, but business is prevented in consequence of the small supply. In other articles no variation. To-day 3/d was paid for some parcels of common Sumatra Pepper. INDIGO.—The near approach of the quarterly sales of East India cause buyers to take only sufficient to supply their immediate wants ; and' the purchases since we last wrote have been very limited for home use as well as for ex portation; but the merchants are not inclined to submit to any further reduction, and prices remain the same as last quoted, which are 3d to 4d per lb under those of October rates for auction on the 21st January, 6,400 chests are declared. Spanish in small parcels has been disposed of on former terms : 200 serons are declared for public sale. The de liveries of Indigo are still small for home use as well as for shipping. RIDE.—The announcement of 7,000 bags Java for auction to-morrow, and 5,000 bags Bengal for auction on the Bth January, have caused the operations by private contract to be limited, but full prices are required, parti cularly for good bold white descriptions, of which the sup ply is short. The arrivals have again been large. For Carolina the Grocers pay 34s to 38s for small parcels, which is 2s to 4s lower. TALLOW. Previous rates have been supported for P. Y. C. on the spot, and the demands has been very good from Chandlers as well as Soap-makers, to supply their immediate wants, and at the present quo tation of 411 s for first quality the merchants are not anxious to sell, although the stock is 10,000 casks larger than last year at this time. For delivery in February and March a good many purchasers have been made at 48s 9d per cwt. The clearances from the ware houses have again been large. Town Tallow has been disposed of to a fail' extent at previous quotations. This afternoon there was only a limited business tran sacted in Russian Tallow, but at the rates quoted holders are firm. (FROM OUR OWN CORRESPONDENT.) VOURLA BAY, DLe. 9, 1839. The affairs of the East ate in the same s•ate as when I last wrote. The French wish Mehemet. All to give up Candia and the Passes of the Taurus, to which he objects ; h e has fortified them at great ex pense, and very naturally wishes to preserve them. He may be forced to give up Candle, but how he is to be forced to give up the Passes is quite another thing.. The Turkish fleet is still at Alexandria, and most cer tainly will remain there all the winter. The Capitan Paella's sccretary has arrived at Constantinople, and there gives out that the French Admiral advised the Capitan Pacha to take the fleet to Alexandria. Russia has sixteen sail of the line ready for sea at Sebastopol, and 65,000 men ready to embark ; we have twelve sail of the line in Vourla Bay, the French nine there and at Smyrna, and are forming a reserve of five heavy ships at Toulon. The Turco-Egyptian fleet consists of nineteen sail of the line, making a force, in profound peace (as we are told) of 61 sail of the line inside the Gut of Gibraltar. For what purpose that force is collected is more than I can say, but England had better look to it. The French ships are manned on the war establishment, the British on the peace. The Princess Charlotte mounts 104 guns, with 720 men ; The French Montebello 120, with 1,100 men. The Rodney mounts 92 guns, with 720 men ; the French Hercule 110 puns, with 915 men. The Penelope 84 guns, with 645 men ; and the Jena 92 guns, with 820 men—and the rest of the squadron in the same proportion. In case of any untoward event the three ships I have named would be pitched against each other, with what prospect of success the Admiralty may perhaps know, but the Captains here (although their ships are in high order) have not been able to find out. Two of the French ships and a frigate are going to Toulon, and it is not all impossible that the French Government are mediting a coup on the Chersoncsus ; and indeed it is very well known that the French Mi nister of Marine proposed it to the Government. Such a blow would bring the affairs of the East to a point ; but how would England like to see 10,000 men landed there, and a French squadron in the Dardanelles? We have seen the French make a dash on Ancona without consulting us, and she is just as likely to do the same here should we be on bad terms. If France and England, however, pull together, that is a much safer way of settling the Eastern question. The Baltic is now frozen up, and we are safe for the winter. The southerly winds have set in, and the pas sage of the Dardanelles is practicable. Let the com bined fleets proceed at once to Constantinople, either with or without the leave of the Sultan—let a force of 16 sail of the line remain there to keep Russia in check, and send Ihe other 10 sail to the Downs ; reinforce them with three-deckers and the Lisbon §quadron, and early in spring let them proceed to the Baltic, Mid give the Emperor of Russia the choice of war or of disarm ing. Such a bold act would make us easy at home, and save the Turkish empire. The Sultan has given a sort of Constitution to Tur key, which Russia most certainly will oppose, and if we give him support and countenance he will put it in force. The Russian Ambassador may storm, and he may depart, but we may rest assured Russia will not go to war ; but if we pursue our present piddling °policy, she will gain all she wants, and we shall be forced into war at last when she is better prepared for it. MALTA, DEc. 17. "The Minden sailed from Malta for Lisbon and Eng land the 14th inst. The Minden did not put back on account of bad weather, but owing to her topmast rig ging having been carried away, and as soon as re fitted she will proceed on her way to England to be paid off. The Acheron having arrived at. Malta on the evening of the 13th, with intelligence of the Tribune having been driven on shore at Tarragona, the Minden was ordered to proceed thither, accompanied by the Scorpion. " The Rhadamanthus left Malta on the It instant, for Vourla Bay, with dispatches and letters for the British squadron of the 23d ult., via Falmouth, and of the 4th inst. via Marseilles. " The Blazer left Malta on the 14th instant for Alex andria with the London mails for India and Egypt of the 4th instant, via Marseilles. Those of the 23d ult., via Falmouth, arrived at Malta too late to be forwarded on by the Blazer. " The Acheron arrived at Malta on the 13th instant, from Marseilles, with the London mails of the 4th in- stant, for India and the Mediterranean. " The Volcano arrived at Malta on the 10th instant with mails from the lonian Islands and Greece, and proceeded on with them to Gibraltar. They will be due in London on the 30th instant. _ _ _ ;. The Magma arrived at Malta on the 14th instant, from Gibraltar with the London mails of the 23d ultimo. Those for India, Egypt, and Syria, were a few hours too late to be forwarded on by the Blazer to Alexander, owing to the long passage of the Megsera from Malta to Gibraltar, and the want of sufficient steam-power. " The Hermes, Blount (and not Waugh, as stated in the Podafoglio) left Malta on the 15th instant, for the lonian Islands and Greece, with the mails from England of 23d ultimo, via Falmouth, and 4th instant, via Marseilles. " The Royal Artillery.—Col. Bastard (and family), arrived at Malta on the 14th inst., by the Megmts from Gibraltar, to succeed Lieutenant-Colonel W a'_ lace as commanding officer of this corps at Mel,ta. The latter was to resign it on the 24th inst. " The Hugh Lindsay left Suez on the 28,th ult ~ with the London mails for India of the 4th idom. 'The fol lowing went pusengers in her :—Capt. anuth, Mr. Huskisson, Capt. Tweedale, Bengal Cavalry ; Conolly, Madras C.S. ; Mr. Schneider, Capt. and Mrs. Dellmain, Rev. Mr. and Mrs. Sandys and child, Capt. Maughan and Mr. White. " The Berenice was expected to arrive at Suez about the 14th inst., with the mails intended to be despatched from Bombay on the 25th ult., which may be expected to arrive in London on the sth Of January. The Berenice will convey the London, mails for India of the 4th inst. " The Tyne and Gorgon arrived at Smyrna on the Bth inst. from Vourla Bay." CURL I N Go—The return of a little frost this week has set .our curlers on the qni vine. Unwilling to be debarred from their - exhilarating amusement till deep ponds are bearable, they are at present on the look out for a piece of ground to feu, that they may form a shal low pond on the plan followed by Dr. Cairney, Largs. We hope nny person having ground in the vicinity, suitable for such a purpose, will be ready to aid them in their views. The sport is most exhilirating, and in the case contemplated is attene.ed with no danger.—Paisky Advertiser. PL A TE.--L- A. B. SAVORY and SUNS, Manufacturing Silversmiths, No.. 14, Cornhill, (opposite the Bank of England), offer the best rick SHELL-BORDERED SILVER WAITERS, of every size, with plain centres, at 9s. per ounce, or with chased centres, at 9s. 6d. per minor. Price, with Chased Centres. Di.smeter. Oz. L. 4. d A round 5 User Waiter, with shell border, Vin. 12 at Ss. Ssi. 5 14 0 A round Silver Waiter, with shell border, 11 17 111 1 0 A round Silver Waiter, with shell border, 10 20 F.s le 11 A round Silver Waiter, with shell border, 12 35 15 5 0 A round Silver Waiter, with shell border, 15 42 lb lb I round Silver Waiter, with shell border, IS 86 40 17 II A round Silver Waiter, with shell border, II 124 '5B IS 0 The Plate .rooms of this Establishment, which are exten sive, contain a large and choice selection of Silver Plate, Plated Goods, and every article requisite.. to complet e a ser vice. List of Prices gratis. A. B. Sr:vory and Sons, Mann— facturine; Silversmiths, No. 14, Corn'aill, London, opposite ** Bank of England. PLATE.—T. COX SAVOIW ---- vinilb, & c ., 47, Cornhill (Seven Doors from Gracechurch-street), L on d on. The best wrought Fiddle-Pattern Spoons and Forks, at 7s. 9d. per ounce. The following are the weights recora. mended, but the .articles may be had lighter or heavier at, the same price per ounce : Fiddle pattern CI as.lc do. oz. - al- £5. d. £ il . d. 12 Table Spoons 30 20 at at 7 7 2 2 7. ..1 1 15 3 • ,,4 ...... 11 15 7 4 0 12 Dessert ditto 12 Table Forks . 2O at 7 2 ... 10 lf, 0 ... 11 7 0 12 Desseit ditto Soup Ladle 3 11 $ ... 4 3 8 *1 2 ... 8 11 8 ... 3 12 134 Sauce ditto s. •10 at 7 8 "'8 16 II ... 4 0 8 4 Salt Spoons (gilt strong) 0 , 1 Fish Slice 1 0 9 ... 1 4 2 12 Tea Spans ... 10 at 7 $ ... 3 10 0 ... 2 11 ti Id $ ... 4 $ 0 1 Pair Sugar Tong!, (strong) ola 0 ... 017 0 The Classic is a n ew pattern, much admired for its simple elegance. The Fiddle Pattern i s w i t h the handle the shape of a fiddle, quite plain; it has been approved, and "in request for more than thirty years. N.H.—Pattern Spoons can be sent into the country. ,iiitatitanumemonwinaimotemseed......_ AO On the 19th of Octobe B r, IRT HS 41,.......... at Bang a l ore , East Indies, the - wife son. of Major Henry Coningham, 4'h Mad ras Light, C ava l ry„ of a Day.e On then 29th of ult., at W eston -super-Mare., the lady of Henry s"q., a on. On the 29th ult., at MarlborAgh, Wilts, the lady of the Rev. Jos,ah Bateman, of a da,,gliter, II:Alit, LID. On the,l s t nit., at isloworti i , John Maughan, Esq., of Jer veaux Abbey, York_ihire, to Emily, fourth daughter of James Stanbrouah Eg• - . of "Amor th. D i On tl►e 7th of August last, at Leppington, New South Wales, %Aram Cortieaux, Esq., late Deputy Assistant Commissary,— General to the Forces, aged 47. On the 25th ult., at Waldron, Sussex, Maria Jane, wife, of the Rev. Thomas Raynes, and daughter of the late Res. Thomas Fuller, of Heathfield. - On 'the 25th ult., at Hastings, William gishorne, Esq., of the Colisti Civil Service, aged 48. On the 28th silt., at Sunnyside Lodge, Lanarl,c, th e l a dy of Alexander Gillespie, sen. Or: the Tith ult., at Boulogne, Mims H. Yora ig On the 28tn ult., at Enfield, Selina, wife f.sf William Blanc, Esq., of Dominica, and niece of the Right li en . Sic William Gat row. On the 29th ult., SPptimus Higgins, youngest son of Mr. Cookesley. Joseph Flemming, Alpha -place, Reg,nit's-park, aged•lo. On the Will ult., at Grove-place, Hackney, Elizabeth Ta. mart' Spilsbury, aged 76. London: Printed and Vatii.si , Hl MURDO YOT'iNG , o f No. 112, Strand, at 7 1 .1. »,. Offi:ce, No. 112, Stra .d i n he county of Midtilesex.—Wednesda.y, January 1, n, 11 540. IT-77 IRISH MARK wr DUBLIN MARKET NUI'E tot me •Nt.:Ei( )t.;s t;t 1;0111,: i ,t • ' 4 ; 14 11' ,t, 0 15 ri .1 d • 2'l 8 i - .. :, 1, I 18 2,79 t Wheat,per barrel ‘Jt. nt0t1e......1 Here t• tit Barley Oats '4 Flour, per cwt. 878 Oatmeal A stone Ae 12 17 4 Sold to Bakers only. 6,2'61 Cwt. Flour t• • t 44, Average price Jf Wheat and •‘ur tlu 4d per sack Receipts of Flour. 111,74.315'_"”it,. tr A .. "' s .. r: Sales of Do 18,003 n• ••••• „on J 1 at rMBa O AD. Quarterr ; Hall Quaric , rt CORK 1% Wheat (per Uost.)l6s Od. tu4ls. Ott.lUett..s (per • rst.., ,t• 14, R rrley (per 16st.) 7_ 6 21 0 Ulm!' ;1,...r0wt Q., Oatmeal [per cwt.)... . • Beef, 4d. to 7d.—Mutten, Pork, 41d. to 5d..-1 resh Mutter, !0.1..t0 • id. PitICE C. errriett., '1 •• oi!tr 41P.cha..ts. " tie OA. First Quality... ............, so< second Third Fourth Fifth Sixth CLOS ,‘ , l of A It h. E I \--t• ,2, 41 48 Pet wt i. S. d. 6. New Butter Oatmea' .........12 U ;z 3 ; Baru!, Itendereu Lard 9 ;r2 rieaklti 8r.,, flour, Second P 44 I t !our, I ... 0 —liousehold 9 42 0 I ---- 0 Per Barrel. Rapeseed 2f; 0 —. 01 Barley„ . ~...„ I! 0 I 0 Isere A 4 10 0 1 r v:ds .. ...... ~,,,„ KILKENNY MARKETS I.C.eat s perbarrel)3os.od.to 375. Orli Beef ' - ler IL_ a., C o ~, , s,. tr iiar'ey 20 0 22 0 1111v,en ....,..,.... , c , t i ....its li (1 14 h , Pork ..... , ..... ..._ 4 0 0 Flour (per bag) :3P 0 40 0 1 Ves' . . 0 0 Butter (perewt.) 90 0 4, ' , *l' rest Bmfo, ~. 0 0 1 0 11.tcoo 1 igs l5 0 38 0 i 'irt.t illio6 Coals . 1 0 1 2 il . 01 at Oen ,•rer A.) '., b 3 A decent married woman, *tamed Jane Scott, was committed for trial this morning at Marlborough street Office, on a charge of stealing one red herring, value one penny, the Prop er ty of Thomas Jay, of No. 31, Little Pulten e y- street, St. J ames ' s , green-grocer. The prisoner ente re d t h e shop un d er pretence of asking some frivolous question, and was observed to secrete the herring under her arm. She made no defence, T 1114:: SUN . , LON_DON, WEDNESDAY, JANUARY 1, iB4O TURKEY. I