The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1873-11-22 00:00:00

TSE TItHRORRE TRIAL

Thetriel reennieneuced on Monday morning. after •
ortaighee adjournatent The court wis thrown open
half.peet eleven, noti very woo afterward' it wait
rienarly crowded in every part. The jury and the
lalment were early in their places, and the Master of
the " geethienee of the long fol." was unnettally large.
at a foie reifietes to twelve Muter Cockburn anoorinced
that • telearephlo. dMpOtOhiS3 Pest beep received from the
L•ril ChlegJostice,..statum Pl.+ owing to an acelfleut oil the
railway. bib otith.loosefeenehiably delayed, but that his
arrival waasrpeefed at 1139 patch
Their lordship/ Pleb thole ark At ten minutes to twelve.
The Lord ititof J Otte : I am really extremely iorry to have
bee. the.caesd of this delay In the pro:. e liege of the court.
Winn I been this niofolbg lathe Penni:oath station to take
n,y nowt triin •to Stoma i !heed Mat Sestet had been thkon
oar. vonshoneetiyl tied to..erat MOB the next train. teen
fully isri wry. ,
hawk nc My lords, 7 hove to venni to the Conti
ttill leen, )cc ehich I have to pray your hodahips for •
firth, ad IL/ jai' tee Its order that we may he
enabled to produce c. rtain witnesses who are coming from
All/Nriek Uld who, I aro ssaiired, aro now ectitally on their
war to this eountry. Slue art .4 sritneaars left New York
Ito Ws dnesday loot, and they if all things go will, will be
in /.„..o.ge to the omen of Saturday afternoon or evening
test. • *Wither witness, who to think life necessary to
secure inst New Orleans, awl who could not reach
New juth In time to leave oith the nthen on Wedeln-
day but no love n telegram stating that he left New York
eetnolay tut, and ha Cllollos be here until the first few
days of next week, that is to eity. Malay or Tuesday next
week—probably Tumidity. The affidavits state that these are
mAeriai eitosellies It the jedgmeris of the attorney who
mak,s them—tbst is, Mr. ittapheneon—and that they are
prepared to contradict, In many material point., the evidence
of Jean Lute. Tinder these circumstances, I apply for a
further postponement of this trial.
file Lard Chief Justioe To what day ?
Mr. Hawtins it would be most convenient I think to
ad) urn till after the ciao+ of the term. I should, no doalet,
traceready by this day week ( Monday), but those
won'd not occupy long.
Me Judi," Lush Tuesday is tie last ,111, of term, sod
should that It would be more 'convenient to the Court to
meet on Wmina s let.
Mr ltswklne 1 co not know whether the jury would like
to adjourn to a dey later.
eneppard (one of the jury) If it he a question of
Wednesday l should be glad If it could he made Thursday—
hat woald hen mstter of greet cdureelence to myself.
rho Lord Chief Justice We mar then confidently expect,
Mr. Hawke+, to have no further application.
Mr. Hawkins: I have not the sliehrest expectation of any
farther alj ,urnmint. lilt were not for this witness from
New Orhses I stsould say Monday, bet, as lii.. I think we
should better coesult the convenience of all pullet by ad,
mining until Thursday week.
Mr gimes?). I must oppose this motion, not Wellies I
have any fear that anything can be done to lovailitate the
evilence or the witness Lute, but on two grhunds—via., she
entire Imitinctency of the affidavit., and secondly that your
lordship* here no power.
The Lord Chief Judea: But we have done it already, and,
thsrefore, if the exercise of that power is fatal to our juris-
diction, It Is dome.
Mr. Honesty: I beg permiesion to furnish some authorities
on that subject.
The Lord Chief Justice: It li too late,—we have already
adj•,urned more than once, and if that la fatal to the trial it
lad.ne.
Mr Honesty: On these authorities I must content that
your lordahips bare no power to greet any further sdj orun-
soot
The Lord Chief Justin : We. It not done at you request
before.
Mr. Heneraly: The first adjournment was for the convent.
enoe id the jury.
Mr. Justice Moiler it Is not material whether It was at
the instance of the Deleodant's minuet or not—that would
IPA core the defeet. It appean to me to he a power took:lent
to the joys iction of thee ors that It shuald adjourn—nnt
eaprict u•ly, but In the Interest of joetice. I so, aware
of any authority directly loafing on the point, bet as tohg
as I ear remember the prectlce has bee e in cases of nicomity
to adjourn. Ahd whether the applioetion coins from t'oe
liefendent's counsel or at Is immateriel, because there can
be no consent wk. "error."
Mr. Heneely The adjrurnment of civil cues required an
act U parflaniena
The Lord Chid Justice But no set of parliament la
neousairy to adjourn from day to day.
Yr. Justice Lob The power to adjourn must be inhe-
rent in shy court .the tbj)ct lo view is the intereata of
justice.
Mr. Keenly : I hope your lordships will remember that
when I propose to cell tunrehutting evidence—
The Lord Chief Jostloe : I novae heard of atiorebniting
widow*.
Me K. oral; Naltherdhl your lordships ever hear before
this trial of an Ail iornment for rehuttlug evidence. I have
ghre through the whoie of the State Trials, and c. Mid no
proodent for mach a thing, but, on the untrary petty.. re-
fuels. However, the evil I. committed, It is committed,
end thetele an to„i f she matter for the present: but I on.
pot to these affidavits u Monne nt Tin state
that the forthcoming «std, nee is tusterlal, hut that Is 'or::; In
the ••phsten of Mr. Stephenson, and may not be material at
ail lie afil &Mt statue that the attorney Is advlse.l ad ho.
Heves that Ms. Purcell and the wttnes.es bets Poleaxing will
be material wltnesars, and that in spite of the sld rt. that
had been made, It would be impossinle for them to ha here
before the 12th inst. So says Mr. Stephens.. That la the
only intimailon Shot han been given to us Mr. Stephenson
dons not state what he hoe bea•el from Me Purcell; ant
he then asks the ceurt to make a precedent unkuown to the
togileh law. Your lordships are making law.
Mr, Justice Lush: I protest egainat that. We are not
making law. Is It unt the Invariable practice that the
attorney should make a statement on oath when applica-
tion la made for the adj..arnmetat of a trial?
Mr. Justice Mellor You most supplement the affidavit
with what ha. occurred in our own presence and in our own
hearing You molt take the affidavit with all the other cie
cumdauces.
•

-------
Kenvaly They mast bare ti-. 0 names of the witnesses
It till flue, I anprehend. We should be In this dangerous
poiltlon—we should not know he names nil single witness,
sod we should not be able to MI iw whether Me), were ri.-
rpectable witnesses or row diva
The Lord Chief Justice: Wu this furnished with the name
of Wel
Mr. Homely: They knew that we were going to cells sailor
who had served it. the Osprey.
The Lord Chief 'iodine They did not know the name of
Lids, and you certainly opened that Shore was a person who
had aeon on board tta New Bidford Oeprey, at We said
nothing about that.
Mr. Kenesiy I spoke in answer to your lordship If y in-
structions were than r.e.A.
The Lord Chief Justice Luis wits kept In the background,
and was not allowed to communicate with persons.
Mr. Hensel, At all events, the conduct of trials In
criminal erre', ii Very dtrferell: from that in era trials.
The Lord Chief Jutioe : Tne C iurt most not allow Justice
to be &Tested by refusing an adj .urnment for the purpose
Of furthering justice. Toe quuttoo only is whether we are
to adjourn on the a ilidavit afore us.
Mr. Kenealy I a., that the sin tacit is disulkolent. The
purport of the evidence Is not given, and I a-k your lord-
ships to compel them to lOU Ur mote information atc.dit the
witnesses.

--
The Lord Chid Justice : Tne question le whether we are
to a: j
Mr. llenealy : I ask your lordahlps not to ad) turn on an
InsufiLient allldavlt.
Mr. Jaatlce Inch; The only doubt would arise on the
question of bone fldir Here there Is no question of bona
Ades, betause the wiLOOlll6ll are actually on the way
Mr. Justice Mellor: We always give credence prima facie
to the solicitor, because he la the proper person to niche al.ct.
i,„,ot I have r,eeee kenrn doubt raised etcept
when there was • want of b OWL fides.

Mr. Kenea/y It your lordship thinks the affidavit Is
sufficient I shall say no more upiin thy mstter.
Mr. MiMithon : Will your lordship allow me to make a
ten observations. Ibis is the nrst idmd that W.W.11 • thing
has been ilon.ht to be done.

The Lord Chief Justice : We have already done It.
Me. al.Mahon Upon that occasion there was no arcs.
meet. This lee mst or of prect ce.
The Lord Chief Jusuce Y might ask for anew trial.
Mr. M.Mahon : Bat an spp -al from this court to this
alert would be quite id e I speak of the statute of Walt rn
the roorth. Wont Iws t new to cell attention to is, that
this In the first time to the bleier, of tie kw that such a
motion es this nee been made a-id gran-ed. If it be grsnted,
one be no .eparatton, as it wilt be amply a matter of
practice.
Me. Justice Mellor: I cent agree that It ten matter of
puttee.

M'Si shot, : A writ of error would not Ile Upon • mat-
ter .4 practice. I only want to cell the attention of the court
to the practice th it he. prevailed. We are In this position
Ws fee. if your lordships decide against us, your devalon
cannot be reviewed by • sup...tor court, because It would be
mere practice. There are ~,eny auth.yritles to show that this
could not be done.

The Lord Chief Justice Do you mean to say we could
not adjourn from day to day I. An adj,aurnment might be
made or my time within the sitting. . .

Mr. Inland.: In a civil case, when only money or lands
Sloe-. stake, it might be dine, but when life le at stake it .
c.,01d not be done, The c..minon law v-uum/ssioners said—
.' We have alre.a.y adverred to one of the de/ecte of trial by
/UM and to the neces‘lty of proceeding with the trial when
raoce• render I; deplearde that an adjournment
should take place. It may be that a person Is taken by sur•
prise by his ad variety, by do,!ltle, eta not being lorthc
A and in them cm .• misraerlage of justice most Cecil um
lest time be &dor f. y tufa •lent matt, rtobe se ppiled." If
tie tri,ur at were perthaoent the adjournment might be
VIVA but If It were. chilling or. it rout ' not.
bit Ju.tice Loch : That la the key to the whole.
The, .rd hot Jd.tfce r Iprtpared that report to which
you have inat referred nil., f.
Mr. libation : A court with a jury Is • shtft'ist court.
Mr Justice Mirror : That Is not ma. • jury cannot part
till the trial is over.
The Lord Chief Anti.: I should never have said that if
the jury thought progler to adjourn from twel! nd ck on
one day to anrher, vat it cuu dent ire 4.ne. I hrdimoulty
IS when • thing mums to an • Dd, and A I,ry Is dismbeed.
- • • •

Mr. ld'hilehoo : The or ,romiatioerr seamed to %MLA that a
Loo e wilouromen cook! Oct taireyt ace
JOltiCti Mellor It I, wr,thio the time dnriog which the
act tlas authorleed the sour% to Mt. YOlt most
Lehi of that

Mr Walston 1 entertaa 1,0[114 dont,ts whether the court
hennaed under the act of William I V., to sit as long as It
has done. This se • I.ot has b.en et d• r the consideration uf
the ustrnmert torn 184 up to to., 07 time, an I I ap•
preht nd that the coo rt wed not mat us peen, dent 'vl3lo,l'oll
lead to mica it Janice. The pot t ',treed to have sitten in
the case ‘p wont, who was tried-foe teas ,n at the her of this
seat Your. loroshlp will fitui In thee cane that the court, hay-
ing eat till ten u'e.. nit 011 the ohht, f the lint dlr. when
it was Stied Viet the twit-ace would occupy fate hours
longer, the Curt ornedi to the soot us dming, L Cd
Kolyan oteervit g that the noceseity of the case Jutland
what they did : sod, though It was left to modern times to
bring forward cases of snob eitrw.rdiaary length, yet no
rule would COliii4.l the Court to continue sitting longer than
their na-darel peers would ',table them to do The Devi-
to as of it. 000 Jury then retired to a neighbouring
tavern, where reins:tante were supplied to them.
learned c "Ansel teed the ofil3bil aunt:nen t autualeing the
adjournment of tat court to the ca,e •00•0 quoted ) Now
that, my Lens, *as net nal pl.) steal Inability to go on I now
call yutr loradups' attention to let ds which occurred st
the tiLt halley At the old Bele!, at the latter sod of
1794 the trials of Carlo, persons for high tration
hat—ilardy'e trial ninn days, Home 'Tooke's% Uhl all
do". " "id ft lir days. Now, is the first
of these trials the consent of the counsel f,or the prisoner was
taken, but In the lecolld call, the Judges, after confeiring
together, ale, of opinion that It mig .t and ought to be d pee
by the sethorny of the court sod without the consent of
the prisoner, aunts welreo.CS•es cf physical nectsetty.
But in • case like this, • M re an la salmi for
00th. part of the pro.. utu.n In order that the crown may
bring forward wino rues u'redict what Is only .1. OVI.A.
In the case, , apprehend that the matter Is of au entirely
different nature.

After some further e)norreation, the case was ad-
journoct until ten um. on Thurwlay the 27th inst.

Mr, Is. Taylor, member of the Local Governing
acard and Poor isw Guardian for Peterborough, hasdeelared
▪ -j•nanoldate in tee norktnd ini trait for the seat
about to be Vacated by the retitemeut of Mr. W.lli. It hit
arldrees he points 0,1 that wot king men have ego. Mal crier.
CRC.. whir% he eil,ges, will never be redreestd until some
et their ord4r have seats in tit House, nod, as the working
eism np the register of voters for Peterborough greatly
sicced In numb. r the mlldle and upper classes combined,
he sonnets,. thst they have a just claim to the seat when
vacant for a direct reprerentative of their order. Mr.
Nevi! Ocodman, of Cembridge, has elm announced his
tO contest the chi at the dloollthou of Paths.

CANON KINGSLEY on INDIVIDUALITY.