The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1873-04-26 00:00:00

"TRIAL AT BAR."

The Daily Neu's, in a leader, thus explains the form of
"trial at liar," which will be applied in the Tichhwae cue,
which they say is not of frequent occurrence In our Courts
In civil as well as in criroina cases it is regarded as
an exceptional process, for which very special and
urgent reasons moat be assigned. Witat amount of
urgency or peculiarity is reouired between private
parties does not appear to be very accurately known,
but it is understood that the anticipation of many
doubtful points of law, or difficult matters of fact, or
long complicated proceedings will be accepted as
sufficient. Toe Court, however, in such cases has a
perfectly unfettered discretion; it may grant the
trial or withhold it, or impose such terms as it
thinks proper. To this rule, however, there is one large
exception —the right of the Attorney-General to de-
mand a trial "at Bar" as of course when the Crown if
concerned, It would appear, indeed, that trial at Bar
is the proper method of determining actions to which the
Crown is • party, in contradistinction to the ordinary
trial at Nisi Prins between private persons. The form
as we have said, has fallen into Wayne, although in
comparatively recent Cas,-8 the right of the Crown
has been exercised in civil matters, by the Attorney-
General's interference with a pending action at Nii
Prins, and insisting on a trial at Bar, where Crown
rights w.re affected by the proceedings. Perhaps
the form is best adapted for important criminals
trials in which difficult questions are likely to arise ;
and if ever politiail prosecutions should again become
the fashion in England, trials at Bar will probably be
a little less obscure and unintelligible to the public
than they now are. It may be remembered that Mr.
O'Connell and his associates were tried at Bar in
Dublin for political offence.; and, in fact, one of
the questions which arose on the subsequent
appeal to the House of Lords was whether,
in the arrangements which had to be made
for an unusual mode of trial, a discontinuance had
not taken place which made void the whole
proceedings. It may not be possible to sani.
bute to the case of " Regina v. Castro" the
importance which belonged to such trials as
those of O'Connell and Tnistlewood, but in one re-
spect it is pretty certain to exceed them. At the
lowest estimate the time occupied by the counsel for
the Crown will not be less than a fortnight; and, if
they succeed in rnalvng any came at all, the defence
cannot well be much more brief. The trial at Bar on
the present occasion was found to be the only way
out at difficulties which seemed to make a con-
thrums sitting impossible, and we hope it may
have the effect of making the result, whatever it
may he, conclusive, The jury, at all events, will not
be likely to go wrong for lack if instruction. The
Lord Chief Justice and his two colleagnea have a con-
current jurisdiction in the proceedings, and any one
of them may address to the jury his own view, of any
incidental questions that may arise, or his opinion on
the whole case. All the Judges are men of experience
and of tried judicial capacity, and it would be difficult
to point to other three who could represent more
strikingly the absolute fairnese and impartiality of the
British Bench. The Lord Chief Justice Cockburn,
Mr. Justice Mellor, and Mr. Justice Lush will be the
Judges on the occasion.