The Express.
London, England, 1851-11-01 00:00:00

Guildford, Oct. 23.

" My dear Sir,—Having obtained from my friend Mr.
Delafosse, rctor of Shen., the birth, parentage, and edu-
cation of the poor marquis, I feel it right in Justice to him
to put you in pOrses.aoa of the fact (which may save you
time and trouble) that his statement is correct in every par-
ticular. Ile was educated by Mr. Dclafosse when at Rich-
mond. Afterwards he went out to India and met with the
arniction which a long time deprived him of his reasoning
powers.-1 remain, very truly yours, JOSH. HATDON."
In conclu,ion Mr. Norton observed that he had no doubt
whatever that the defendant, from a kindly bnt mistaken
feeling, was made the dupe to the designing solicitations of
Wardell, and be was then fully discharged.
Mr. Wingfield also said he felt bound to say that the
statement made on that day by the marquis was precisely
that which he made to him when he applied lay Wardell 's
character.

On the appl'estion of Mr. Owen, solicitor, the whole of the
doenments tool papers in the hands of the utticen belonging
to the defendant were ordered to be given up, sod the mar-
quis and his solicitor kit the court.

WANDSWORTH.
James Coles, aged 15 years, pot boy at the King's Head,
public-house, Rotharuptun, was brought up fur final ezami-
natiol on the charge of stabbing George Banks, a groom in
the service of the Hon. Lieut.-Colonel Robert Boyle, resid-
ing at the hamlet of Rochampton, with an oyster knife,
with the intent to do him 60111 C grievous bodily harm.
Mr. Paynter said it was quite providential that the prose-
cutor was not killed. He should send the prisoner fur trial,
and bind over the witasioss to prosecute.

TILE ADJOURNED BOROUGH SESSIONS
AT BIRMINGHAM.
Last week we noticed the singular eircuntstanees under
wbiela the Borough Sessions at Birmingham were adjourned
—Obi legal advisers of one of the prisoners, named Irving,
haring counselled him to put in what is known as a " plea
in abatement," contending by such plea that the indict-
ment against him was void, because the bill had been
found by a grand jury containing a disqualified member,
in the person of Mr. Thomas Aspinall—disqualified because
of his being one of Has councillor* of the borough. The
lteconlrr (Mr. M. 1). Hill, Q.C.) adjourned the sessions,
not only to give him opportunity fur considering a point of
rare occurrence, but also to enable another grand jury to
be summoned; and yesterday morning he explained to the
grand jury the circumstances which had made it necessary
to repeat a task already performed by their predecessors—
his chief reason fur having another jury summoned being
to avoid the inconvenience which would arise if his de-
cision of a question which he found obscure and difficult
in no ordinary degree, should prove (on a review
in a higher court) to b• mistaken. With regard to the
prisoners whose cases were disposed of, as also to those who
had pleaded guilty but had not yet been tried, there would
be no difficulty. The stage of the proceedings iu which
they might have made a similar objection to that raised on
the part of Irving had passed, and the grand jury would
therefore not be troubled with their cases; but with re-
gard to Irving himself, and such of the prisoners against
whom bills hail been found as might choose to adopt his
course, fresh bills would be preferred as if no similar pro-
ceeding had been previously gone through. They would
preceive that the objection made to the grand jury did not
affect the justice of the case, which was one of strict law,
and there was no reason that prisoners who, from what-
ever cause, had let slip the opportunity, should be restored
to a position which would enable them to take
the exception, especially when, by the adjourn-
ment, they had already had the benefit of delay
in their trial, if benefit it be which was the
only advantage likely to accrue to Irving, on whose behalf
so much I gal ingenuity had been displayed. The Re-
corder, after showing that two indictments might be law-
fully pending over a prisoner fur the Same offence, as in the
case of a person committed on a coroner's inquisition, then
referred to the manner in which the mistake of I.IIIMOII-
- a disqualified person had arisen, mentioning that when
the subject of the somewhat deficient means for revising
borough jury lists woo brought under the notice of the
legislature, it might lead to the consideration of copies of
even greater importance. "It is nut intended, gentlemen,
by these observations to express any hostility to the insti-
tution of grand juries. In early times the prosecution
began with the grand jury without the intervention at all
of the justice of the peace, and their labour, were, there-
fore, essential to the institution of criminal proceedings.
But How that the magistrate is brought into action in must
eases, and might be appealed to in every one, that portion
of the duties of the grand jury which consists in finding or
ignoring bill, might, I venture to think, he dispensed with.
But, although I would thus gradually diminish the labours
of grand juries, I cannot agree with those who condemn their
employment altogether. They have a most important duty
cast on them by law, which the onerous iask of hearing
evidence on bills of indictment has, by its exclusive occu-
pation of their time, caused them so to neglect that it has
almost fallen into disuctude. I allude to their duty with
regard to piosecutious, and also to more general expres-
sions of their opinions. It may be recollected that a few
years ago, in consequence of the disclosures made in this
court by the evidence adduced on the trial of an assault, an
instant and striking reform was wrought in the constitution
and conduct of the prison, and for the confinement of debtors
in execution under orders made by the Birmingham Court of
Requests. The institution of grand juries is time-honoured ;
their voice is heard with respect; their opinions are
formed alter consideration and uttered with calmness; and
when they are received from county to county, and from
town to town, they may be fairly cap acted to have a great
an I just weight in the deliberations of the legislature.
Nor is the attendance in court of persons who, by their
character and social position. have just influence with
their fellow-subjects without its use. The audience of
court form au essential part of it. Open trial is an in-
gredient iu our administration of justice, the omission of
which would, in my opinion, bo fatal to our liberties;
but it is evident that the value of open trial would be
fearfully reduced if the audience were composed only of
persons without knowledge and without station, yet so
much is the time of the higher classes now absorbed in
the various pursuits o: life that, except on rare occasions,
our courts are no longer benefitted by their presence as in
days of old. Doubtless, a 111,4118 has been found of late
years through which they may be said to attend by proxy,
their proxy being the journalist; yet without undervalu-
ing the advantages attendant on the pub ication of re•
ports, I must be permitted to regret the absence of the
living auditors, and to believe that nu expedient can
altogether supply their place. For these reasons, gentle.
men, and far others which might he offered, I trust never to
we the day when our courts shall be deprived of the attend-
tote of grand juries."