The Express.
London, England, 1849-05-25 00:00:00

LAW INTELLIGENCE.

COURT OF QUEEN'S BENCH.-YESTERDAT.

SOITDNIII /X BANCO:BOOM LORD DINKAII, MIL JORTICZ PAITZSON,
KA. Rena' COLREIDOE, AND Ma. Jomca Sus.

TER Qom= v. Nzwrow.-11AsaAs_CORPIIII.—Drrzwriox

OM A CisAlois OF Militnait.
In this ass, Mr. Huddieston lest term obtained a rule for
a habeas corpus to bring up the body of a woman named
Ann Newton, who had been tried before Mr. Justice Colt-
nu at the last EiltrewshtuT assizes on a charge of haying
murdered her mother. Oa that occasion the jury, after
hen" locked up all night, were discharged without giving a
verdict. The rule bed been obtained on the ground that the
ljudge had n ) rt to discharge the jury without their coming
to a verdict. The prisoner was cot present in court today.
The Attorney-General now showed cause against
the rule, and contended th a it was competent to the
julp at the trial to discharge the jury upon his
own authority._ Then wee no universal custom that
a jury not be discharged in capital cues
luta they had returned their verdict, and the prisoner in this
ease was not entitled to her discharge, inasmuch as she had
not been tried, and the commitment of the justice upon
whose warrant she had been originally sent to prism still
remained is force. It was laid down ia the case of a man
of the name of Ferry, who was tried for forgery, and whose
trial was reported in " Sir Thomas Raymond's Reports,"
pose 84, that a juror might be drawn and the jury dismissed
without a prisoner being utitled to bisdbcharge even although
this was "genet common battiest. In support °fhb argument
that • judge might discharge a jury in a capital case with-
out their delivering their verdict, the learned Attorney-
General cited the following authorities :—" Carthew's Re-
ports," page 465 ; " Coke upon Littleton," 227 B ; and 2nd
vol. of " Hale's Pleas of the Crown," cap. 41, pages 293 and
294 ; and concluded by 'Omitting that the rule ought to be
diriirtddleston in support of the rule, submitted that
it had been held tribe dear law that a jury in a criminal
care could not be discharged without coming to a verdict.
This doctrine was recognised in the time of James 11.,
and after the revolution. It was se laid down by
Lord Coke, in his 3rd Institute, pegs 110, chap. 47 ;
and also in" Hawkins' Fleas of the Crown," page 2, cep. 47,
see. I. In Coke upon Littleton" it was stated that the
fa" fa mow oaso could not be &charged without the
adether'a s ceasent, and that doctrine was adopted by the
43shmlaal Law Commissioners in their report, and as also to
be Med in " Burn's Justice," under the title" Juror "
pegs 972, vol. 3. In Lord Delman's cue, which was ris-
=invol.ll of" Buts Trials,"who was aimed with high
and area** at the bar of the House of Lords, a
gleastkee erase wheals their lordship. had the power to
ailawiwts=a.so to do by Lord Delmer., who
wee The House of Lords sent to ask
the 111 Lard Chiefiestia of the Court of Queen's
whet& drihming kisjudgmut sald,thatthe question of
what wen Ile *eaves of the Home of Lords was one for
their oink delis hat Ina trial by juiy in a capital case,
when the wise sees .barged, they could not he allowed
to separate erasing toe verdict. The learned coun-
sel then preemild to cite various *faqir:gen ;wort of
his argument. and contended that alt sew=
ewe, from neasinity, the jury might be
delivering a medics, yet such was not UM Med eatim. sad
deereihre be was entitled to hays the eel NMI abselek.
Lind Denman, in delivering his Judgment, said, that in
as mil part of the ere he had put eigardismwhith wu this :
Ad efts a paean wee sent to mists ender the warrant of
aimed" ea inspirits of a crime, to be discharged only by
due muses arkeP-a• wished to knew in what manner that
was to be getM el? Ms arm: which had been made was,
that the primer had been pia ea her trial, and the jury had
bass imespaly wed, when it was the duty of the
ge have kept Ilism together until they gave a verdict,
fie, the Omer was entitled to set at liberty.
Zs ad a* lee *et thse ileserience followed awarding to
seal lums amity sight be tried by a jury who
win &shamed, and yet *sprites* night be
Mei 101* the warrant of thsjustiss W sleet the
testaimm? alpha have bees seeds He was set at all
embed Ihst las 00m1 ecomitssat did not nada* in
Iheee. Ilia if the seart had Mr disereSea in this
sir lbw Naha sat le !mast the primer. hat the court
had sere. The ideadeat ought to haw set fa* the Sass.
Mises at eat. sad it appeared es thermal
st Os ind Is the ass sow" hatire the awl, it sp-
rilint the jury had stated their alter inability Is sem
dden, and the judge burg mist the seseitity el
leadeg the town of Shrewsbury Is mama seas duty, had
ditherged the jury He Mu& She Mead Moe lad n-
ee** a dimension which the domelsesse OM's*
thejligessed set less what
was right, he seedier* Set the diselmas et the jary
under the simustentes el the ease did met must to a
right ea the part of as febelide to be dieisiged out of
custody. Tilde( the whole bele et the sew ides essiderw
tits, he was of *ales that the *doh wont
in full farm. sera the Me mast, theedire, he dleehse
The rest at link haltWips coasessai.
Halo dirahriaL