The Express.
London, England, 1868-09-16 00:00:00

THE 148 E OF MADAME RACHEL.

Yesterday morning lir. W. Ir. Roberts,
elici-
tor, of Moorpate-street, attended before Mr. Justice
Ilannin in Chamben, and applied for a writ of certiorari
in order to remove the indictment found in this cue.
from the Central Criminal Court to the Court of
Queen's Renth at We:Amin/der, for trial before a -pecial
jury.
Mr. Roberta read a long affidavit in support of his
application, and urged with considerable for ce that the
present application was made in perfect bona titles, and
said he was sure that a trial by a jury free from bias and
prejudice could not be has at the Central Criminal
Court. On the last occasion, the jury, he contended.
proved themselves unable to und ways! and apjateciatt,
the case.

Mr. Justice Ilannen—But you will not have the same
jury on the neat occasion %
Mr. Roberto -But my point is that we shall have tl:e
same class of jurors, and consequently we shall be liable
to the same amount of bias and prejudice.
Mr. Justice Hannen thought that an application ci
character ought only to be Acceded to where the circum-
stances of the case were of an altogether exceptional cha-
racter.

Mr. Roberts ventured to submit to the learned judge
that his affidarit proved this to be a ease of an eicep-
tioual character. Leading articles had appeared in all
the principal newspapers and journals commenting freely
ou the ease ; the summing up of the learned Recorder
Harty ',united to an acquittal, but still the jury were
not able, or failed from some other canoe, to arrive at
the cenClusion en clearly pointed out. This, he con-
tended, was in itself sufficient to prove that the. jury wt.:
either influenced by prejudice against the pri-over, or
unable to appreciate the law bearing upon the ca..%
as laid down in the clear summing-up of Mr. Ruins II
Gurney.

Mr. Jun! ice 11. in, could not come to the conclu•ien,
n the whole, that the cane IC.LS one that othoold be re.
movcd into the riapetior court, and refused the applica-
tion.

Mr. Roberts, mentioning the matter of bad, w:shed too
state that on several facvwus occasion+ the names of
persons who had been submitted (or bail had been pals.
lished in the newspaper+ immediately the notices were
given. and complained that such a course was exceptional
and unfair towards his ut, 114 it deterred persons wic,
would otherwise have been willing W become bail from
offering themselves.
Mr. Justice Hannen fully concurred in the view of Mr.
Roberts with regard to this point, and ',evenly condemned
the practice complained of, remarking that he quite
understood the disinclination persons would have to be
dragged before the public in consequence of such pub-
lication.

Mr. Roberts said that befoie leaving his lordship he
wished to state that as some mi,apprehen.sion had
got abroad with regard to the place where applica-
tion for bail in such a case as the present Should
be made, he had applied both at Marlboroagh-street and
the Guildhall ; the magistrate in the tint instance, and
the magistrate's able clerk in the second, agreed with him
(Mr. Roberts) that under the I Ith and 12th Viet., cap. 23,
a judge in dumber% was the only person to whom appli-
cation could be made to admit a prisoner to bail after
commitment for trial, a magistrate's functions clearly
ceasing on the first day of the sessions to which the pri-
soner might have been committed for trial..

Mr. Justice Ilannen could only say that he would
entertain purely on its merit.; any application tLt might
be made to him to admit the primmer to bail.
The parties then withdrew.

TEE CHARGE OF FORGING LORD 1117.01.1:1'N
ACCEPT-4SM

At the Justice-roam of the Mansion-house yes-
terday, before the Lord Mayor and Aldermen Luck and
Causten, Frederick Augustus Farrar, solicitor, Clement's-
lane, an.l John Hullett, clerk, described as of Waterloo,
near Cosluun, Hampshire, were brought up in custody of
Detective-sergeant Haydon for further examination on
the charge of forging and uttering • bill of exchange for
SOW., purporting to be accepted by the Earl of Dudley.
Mr. Ueorge Lewis, pin., appeared for the prosecution:
and Mr. Beaky, hamster, instructed by Mr. Philp, de-
fended Farrar.

Mr. Lewis said that after the examination on the
last occasion he addressed a letter to the Earl of
Dudley, enclosing a aubpena requiring his attendance at
this court as a witness, but he had received no reply.
That letter was addressed to the last address his lordship
gave in Scotland. He bad also addressed a letter to the
Earl's private residence, and ho had not bad any reply to
that either. Ile had put himself in communication with
his lordship's solicitor ; that gentleman did not know his
address, but be believed he was at some place in Scotland
four days* post from London.
The Lord Mayor intimated that ho had received a letter
from a surgeon in Derby, who was acquainted with the
prisoner Hullett, expressing the conviction that he was
not a master of his actions, and that be was just the
young man for a clever swindler to get hold of for his own
purposes. The writer also stated that Hullett was the
son of a deceased clergyman, and gave a reference to Sir
Charles Fox respectingthe bo friss of his letter.
Mr. Bosley submitted that at present there was no
proof that a forgery had been committed, and requested
that Farrar might be admitted to bail.
Mr. Lewis said the next charge that would be brought
against the ere would be for forging Mr. Ever s-
fleld's ere
a bill for 3.501 ; but Mr. Everefleld
was travelling about, and could not be found, his solicitor,
Mr. Young, being unacquainted with his address,
The application to admit Farrar to bail was refused,
and the prisoners were then remanded till next Tuesday,
at two orchsok..

--Mr. Begley hoped that the ewe would he oonehuled
moon an possible, so that he might apply to a judge in
chambers.

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