The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1858-07-06 00:00:00

CHAROR I

Centlemon of the dra—nd—ilar—y,'—We feel eseeedisgly
gratified In again having the opportunity of iddreselng
you, standing as you do before us as the trend
inquest of this °minty assembled at these sessions.
And I must say, gentlemen, whether from
long habits of emanation, or from other Meant'.
Maness with whloh I have been oonneeted, in so far
64 the public business of this Court is oonoerned, for •
lotm series of years, that have ever felt the greatest
gratification at seeing from thus to Mine the penitent
attendance of grand juror. within the walls of this
Court ready to take their part In the discharge of thou
judicial duties which have been linposed upon them by
the Crown and wanted to by the people. And I must
say, gentlemen, that upon the present 000asion I address
you with • considerable degree of regret, because I have
every reason to apprehend that it is within the veep of
possibility that this might be the laat time that I shall
ever have the honour to address • grand jury of the
county of Dorset. On the 3rd of June, in this identical
end very month, there WAR • statement made by the
Attorney General in the Ileum of Commons to this
effect—that Government were taking into their serious
consideration the question of appointing a Minister of
Justice ; and, further, that he hoped within a very
short period to take into consideration the reoommcn-
dation of the Committee who have recommended the
appointment of a Public Prosecutor for England. If so,
gentlemen, and if that Bill is introduced by the present
Attorney General, as representative of the Government
of this country, and itshould happen to be pseud and as-
sented to by the Legislature there will be an end to the
Grand Jury system in Enpand and in Wales. And I
confess, gentlemen, that when I come to recollect that
the system which you represent is amongst the oldest
of the institutions of England. I certainly cannot but Ray
that I contemplate the breaking up of that system with
a considerable degree of very great regret indeed. We
know perfectly well that in the very earliest periods of
the history of this country, that is to say, as early as the
Saxon period, in the year 980—and amongst the Saxon
laws of that period—we find rules and regulations laid
down for the guidance, fur the observance of the
grand jury of England at that period. And we know
perfectly well that at • later period, in the reign of
Richard I, again there were laws laid down for the ob-
serainee of grand jurors at that particular period, grand
Juries having been appointed for the purposes of stand-
ing as an interposing shield, as • protecting power,
between the Crown and the accused at the bar of
justice in our country. We find, in fact, that there was
an oath adininistered to them which was to this effect—
that they would not accuse any man who Was innocent,
or withhold from justice any one who was ohnoxiom to
the law. And to.them, gentlemen, was delegated the
great power—l they say the irreeponsible power—of
standing between the Crown and the accused, you, as
representing that system, and those who have preceded
you, possessing the great power and the absolute power
to say who shall be put upon their triel and who shall
not. Now, gentlemen we find by referring to the
works of one of the most eminent Judges of this ream,
1 I mean Lord Chief Justice Hale, we find that the reit-
son assigned for the establishment of the Grand Jury
system was this, that—using his very words—" The pri-
vilege of an Englishman is that hie life shall not be
drawn in danger without due presentment or indict-
ment." And then, following out the language of another
'neat learned Judge, I mean Sir William Blackstone, the i
reason again given s ; " So tender is the law of England
of the lives of the subject, that no man can be convicted
at the suit of the King of any capital offence unless by
the unanimous voice of 24 of his Kuala and neigh.
hours." Then lie goes on to state " The liberties of
England cannot hut subsist so long as this palladium,
remains sacred and inviolate, not only from all opeu
attacks but also all secret machinations which may up
and undermine it by introducing new and arbitrary
methods of trial, for these inroads upon this sacred bul-
wark of the nation are fundamentally opposite to the
spirit of our constitution, and may gradually increase"
—these, gentlemen, are words of great importance—
and may gradually increase, and spread to the utter
disuse of juries in questions of the most momentous
concern." So that if, in the wisdom of the present
Legislature, the Grand J ary system is to be superseded, you
will at onoedeprive time subject of the liberty of one half of
the trial by jury, beoanse it is quite certain that by the
exereine of Hutt power which you possess °Nudging &acorn-
ing to pried facie evidence which is offered on the part of
the prosecution, whether a person is presumptively in-
nooent or frailty, we know perfectly well in a vast variety
of cases that by your ignoring that bill which charges
Ida—that is, thc subject of the realm—with the cornmasion of a crime, you spare that man the pain and
the ignominy of • public trial. Nowegentlemen, lam
very far froin saying that if —using the very words of the
Attorney General—a Public Prosecutor should be ap-
pointed, I am far from saying that that learned
individual would not possess an equal and moat prone-
bly a greater amount of the knowledge of the law than
you as grand jurors can pause. But, gentlemen,
granting that there would be that advantage gained, I
apprehend that here is another advantage which no
Public Prosecutor can attain. By looking at the rules
and regulations which guide the formation and the sinn•
moiling of Grand Juries, we find this—" the Sheriff,"
we are told, "of every county is bound to return to
every Session of the Peue and every emu mission of General
Gaol Delivery 24 good and lawful men of the county, some
out of every hundred, to inquire, present, do, and execute
all those things which, on the part of our lord the
Kink shall then and there be oommanded." This is the
language of one of the tnoetemsinentJumiges we ever had, one
of our most profound constitutional writers, 1 mean Sir Wil-
liam Blackstone. Now then, gentleman, here is a circutu•
stance to henotioed—that you, as grand Jaren are sum
-
mooned from every hundred in the county, you have no
means of knowing till you enter within these walls who you
are to meet, with whom you are to associate, and who are
to be your fellows in the discharge of your duties. If
so, there can be no conspiracy, no complicity, no sort of
preparation or purpose to do any one particular thing,
became you can enter into no association for such a
purpose till you do it Imre under the solemn sanction of
an oath ' • but, gentlemen, I apprehend it would be very
different indeed if a Public Prosecutor was appointed.
He, in the nature of things, would be • person appointed
by the Crown, lie would be the person to sit on the be-
half of the Crown to say who ought to be put upon
their trial, and who should not whereas, you, gentle-
men, stand before us in • very different capacity. You
are not appointed by the Crown, but youstand before us
as the representatives of the people, and it is for you to
stand as a shield and • safeguard besween the accusa-
tion of the Crown, and the subject who is accused. I
do, therefore, apprehend in that point of view we never
can devise any mode whatever for the purposes of en-
suring the due and proper administration of justice so
perfect and so coin piste as that which you at this present
moment repreant as the grand juror' of England. I
used say, gentlemen, that in another point of view also
I should serve and pennies with very great regret
the abolition of the system of grand juries. It is per-
fectly true, gentlemen, that the government of this country
—in other words, the reigning power of this country—
has the power to make the laws of England; but I
apprehend that them laws would be powerless unlace
they were mounted to by the people. And here we
find for a long series of years—for upwards of 800 years,
awarding to the historical fact which I have quoted—here
are mento befound in everyoountyof England and Wales
coining forward at all time. with that promptitude and
readiness which you yourselves have shown, we having
from time to time more grand jurors than the law will
admit of—here you are waling forward as the represen-
tatives of the people assenting to those laws, and endea-
vouring to carry them into effect. And Ido therefore
say, in • ecnstilutional point of view, that the loss of the
grand inry system would be the lees of that moral in-
fluence which your pretence here furnishes us with to-
day. We ourselves, gentlemen, sit in this Court ea the
r,,prpons,tiva4 of the Crown, and we humbly endeavour
to the beet of our power and ability, and niost eon-
seientiously endeavour to fulfil the duties which we
owe to the Crown, which Crown we represent; and I
beg leave to say that we ourselves should lose • oon•
&Womble degree of moral influence, as we believe at this
present moment, if we no loafer pommelled the privilep
of holding communion with you, as representativee of
the_poople, upon these several sublessee of
_your future
deliberation, and touching thaw several ollimeet upon
which you are to tons your judgment. Therefore,
gentlemen. I mud say, halving, for I long merles of years
year shier year, iseu lifter sention, hevlulf 16.
fortune to see and frequatly to address the.. who
before us as road Jurors, as you do 11. ls. pn.snl
moment, I for um, for the • tt
:rAhengogitg.reppi
wldag I,erb
tid,iyi.aseitdrrigiiowitia or* 41.1
pabUs

1 as a Public Prosecutor instead. And 1 night say, gentle-
men, that I do anticipate a considerable degree of ilifli•
culty when that Puhiiu Prosecutor is appointed, becalm
41 present, reeollect, the very neture of your ufllos—ths
very tenor 0 f you row th —alio w s tills, that you si I in • want
court, no one Is adwitteel, you sr* sworn to secrecy, and
the government and the ounatitution of this country
truat to your honour, trust to your integrity, your soil.
scientiuus feeling., your due and solemn regard to the
oath which you have taken 1 and I think, gentlemen,
Slut that 'nay be confided to three and twenty gentlemen
with a oonaiderable degree of safety, although I, for en*,
should ctoisedingly lament to trust 11141 same pOwlll. 10
a 4114111 11141V1d441 1 beanie, nulled, from th mi e ry
m
nature of his °Moo, fro the omnititutien of hie very
situation, he WWI he irresponsible i he sits in a eliwal
rums, he is amenable to no one ; therefor*, Instead of
wilding that particular power to three and twenty gen.
finnan of known reapectability, station In society, know.
kelp, 'barmier, we are to cootie {het solemn, that
ebeolute, thus Irresponsible power to a single Individual!,
I unfree, gentlemen, knowing the weskits's of human
nature, that I for one 'should be exceedingly sorry to
*odds that power even to any one eingre member 4
this Court 1 and I should feel a eunelderable dune
alarm and apprehension Is ',MINIUM' it wolf, Oen
tlemen, with thus few observation' 1.- hope and trust
MIN, harming perfestly rili the difilmilliee wiileh
Mend in the wpy Of modrn e elation, that an opportu•
unity may atilt be enTorded tie seeing those who are to
eueeeeddou hereafter and for years to some so 1110 fm
end
jurors the county of Pyre... Gentlemen, a
remind by my learned Mend (14. Polished— am
eipmedlngly Indebted to him --of another point,. The most
remarliehle thing I. this, gentlemen, fliat if we look
Wok it the dark* perio‘ of Xnelah history—al the
bacon period, lust lane, the year Wu; li9 lean Mu
when, u my buil Mend properly Wyllie' me, fdlill•
1
at
Con wee eapeedin enrol, II WU elm* inpotaibla to
Ilnd men wing so even read and whit hejleve 1110
mart. wiflllll 114111 by 1114 111114/111of Mg inia-1 thin It
She. WORM eon nl4 not write their naicties= uttliey out
seribed to the mat Charter of our II ',Met, The most
'orlon' thing Is title, that at a thin Ike the tortoni,
and whet odueetion is inning rut prognme, end learn;
hung not enli, pomilblemitommt yurselreibut amongst all
summit w inn yes Ilse, M should hi
Ilda proposition sho be
mooted. he tiliairman thin alluded to one or two
eases In the ealentlar, which unlined gb mullet, and
afterwarde illetnimed the Urea Jury to their eliamber.
Two (Mule were pion gperce mibidtt elf
the Clialrman, the Irv. IL , eatman;
...Hu 1113
the liming presided over by bar Portlier, Simi, of
the

TEAL Or FESONIIIIII.
(Bofors the &v. M. 7, 711ATMAIII
444. lOW ($8), onfdtrotnot, shafted with 'WWI.
ousts wounding his wife, gatuilito Lofty, with a knife it
lialoombe Regis, lifity SO, was sontioneod to 011ie
months' imnrisunntent.
/int./mut MN Lareoffeht (on bail), indicted for rt.
delving of Simnel Luny in elootro•platoti teapot, adobe'
largo black bonded knives and forks sin Ohina Altana
ornament., a toisioqi, end lubssito Jar, well knowing
Munn to lore boon stoisn, the proposrly of Noutuol
Inotuls at %thumbs itogis, throb ID, was MKlOll6.d.
Rafauet Laity (19), sorrel and edit, nuilutud for,
stealing* B.barrel revolver pistol, the property of 841"41
tiluinionds, at Yeloombo floes, Marsh 14, was son.
lensed to 12 months' hard labour.,
(Bib?, CEl.ttluta Pmivwmc, Bp.)
Elisabeth Barrow (17ohargeol with ideating a silver
watch and sham n belonging to Ethelbert Hooper Elliott,
at Wild Parley, April 3, wail acquitted.
A inena Curtis pm, indicted for stealing/ 2 pairs of
trousers, a shirt and walatenat, value 78., belonging to
William Simmons at Fordington, May 10, was or
quitted.
Pisa Thorne (21), charged with stealing 2 half•eove•
reign., the property of Robert George, at Corns Abbe.,
May 25, was sentenced to ail months hard labour.
Charles Legg (30), labourer, Indicted for stealing a
rabbit trap, belonging to John Minitel, Eski.. at Devi-
lish, May 21; also for steeling an as. the property of
John Cutler, at Dewlish, Deoember 744, 1857, was sen-
tenced on the first count to two months' hard labour;
and on the mond to two months' herd labour more.
Albert Davis (on bell), charged with obtaining coals
by false pretenses at Bradpole, was athuitted.
George Wellinan (22), labourer, indicted for breaking
Into the dwellinghouse of Joseph Hansford at klyd.
ling St. Nicholas, June 3, and stealing a pOOO.l of
bread, and a pair of ootton braces, value 64., belonging
to Mr. Hansford, was sentenoed to twelve months' bard
labour.

George Loreridge (on bail) charged with embezzling
2s. the money of John Chick, at Bridport. February 24,
was sentenced to t co months hard labour.
Thtietas Alardt (on hail), indicted for stealing a hay
knife belonging to Sarah Major, at Loden, was sentenced
to 2 months' hard labour.