The Express.
London, England, 1849-05-03 00:00:00

LAW INTELLIGENCE.

BAIL COURT.—YEsTiRDAT.
Maine m Busse.—Dsion Mr. Joatko Coleridge.
TRa Qt sax v. Navrrox.
TION OK A CNAIOI OP MORDZIL

Mr. Huddlretaa. moved tor • writ of habeas corpus to
bring up the body of the defendant into this court, in order
that she might be discharged. From the affidavits upon
which the learned counsel moved, it appeared that the pri-
mer bad been irk d on a charge of murder at the last amine
for the count of Salop, bed at Shrewsbury, and that
the trial hated one centre day and up to two o'clock on the
Wiesen day. The jury thee retired to onside? their ver-
dict, and after being Inked up all that night, at ten o'clock
the next montieg they were discharged by the learned
judge without giving any verdict. The prisoner was, how.
ever, "tut back to prima, and it was now contended on bar
belief that the custody was illegal, inasmuch as one
jury already haring heard this case, in which the
was charged with having committed • awl-
Vell offense, and they laving been discharged, no
ether jury c..ald try her again. The learned counsel also
anbetin.ed that in the present we the jury had been impro-
perly discharged by the judge according to law. It was laid
down by several authorities that a jury once
acrid in a
capital ease could not be dieharged withoutagreeing to a
verdict It was so stated by Lord Coke is his Institute,
awe 110, chap. 47 ; cad ako in " Hawkias' Pleas of the
Crown," pep 2, chap. 47, ese. I. This had beat held to be
deer law both in the reign of Junes 11. and after the revo-
lution. By the aid law writers it bad she been laid down
that, ia cues when the primmer was put upon his or her
trial far a capital oases, the jury could not be discharged
unless by peaoner's emend This dos:teas was set forth in
" Coke apse Littleton," 227 B ; " Lord Raymond's Re.
parts," 84, sad " Carthow's Reports."
Mr. Junkie Coleridge—A contrary peonies bas prevailed
fee same peen. It has been decided that now a prisoner can
mama to aensing.
Mr. Rerillsetene elessrved that in the report of the Cri.
atlas! Lew Oseamtimitimers the same language we need
arm the gabfest on in " Coke upon Littleton." In a awe re-
ported in " Carthew's Reports," which was tried in 1898, the
judge discharged the jury by the consent of the prisoner.
The same law wee to be found in the last edition of " Burn's
Janice," title " Juror," page 972, vol. 3. All the previous
cons were to have been takes into consideration in the
jadgeseatofMr. J esti*" Foster in themes of the two Lewin,
who were tried for high treason. With regard to dialing-
lag a jury with the pewee" nmeent, Blackmon" said suet
consent was generally required, except there were some
special circumstances in the ere which rendered it neereary
to dispense with it. All the authorities upon this point had
been reviewed lately in Ireland in the case of the " Queen v.
Hogan
Coleridge said if the learned judge was
wrong iv di-eharging the jury, the prisoner should
hove applied tv be set at liberty by proclamation at the
teneinauon of the Nesse- A writ of habeas corpus ex-
pyted persons committed on charm of this nature.
Huddlestone said the ease was one of great hapset-
sane, mad he hoped his lordship would grant him • rule to
show an why • writ of habeas corpus should not issue, in
order that the matter might be fully discussed.
Mr. Justice Coleridge mid he would take time to consider,
and give his answer in a day at two.