The Express.
London, England, 1857-05-06 00:00:00

OYU IILXIIRLL V. THZ (WREN IX 1-.llkol

This morning at the sitting of the court Theresa Nampo
the convict tinder sentence of death, wee brought op
from Newest. according to appointment, to hear the judg-
ment of the court pronounced in his ease, which was argent
at peat length on Saturday last.
Tb. prisonte, as before, was in the custody of one of the
gaolers from Newest., and sat in the centre of the first row
of the outer bar. He was much paler than on the last arca.
sion, and appeared altogether more anxious and thoughtful.
The court was densely crowded and the different lobbisn
were filled with persona who were unable to gain amnion*.
When the learned judges entered the court shortly utter
ten o'clock, . . .

Lord Campbell said that, haring anxiously maiden:l thhi
ram, end emitted all the authorities cited during the up.
mambo at the her, the court had come to the ronchimion that
" " •

mesa of the more sasigned could be supported, the ptieree
having been convicted and sentenced to death, after aide
trbilmoixeding to the laws of England. Their judgment ad*
depended on the tight construction of the ancient estate of
the 3314 Edward 1.. entitled "Ordinance for lumens.'
which was nerenacted by the Gth George IV., chap. do,
An abase bad arisen in the adminietration of justice by the
crown eamming en unlimited right of challenging
jll/9111 without assigning canoe, whereby inquests remised
untaken. In this way the crown could, in en
estatrary mariner, in every criminal trial challenge so many
jurors returned ea the panel by the sheriff, that twelve did
net remain to make • jury, and the trial might be
tielnitely postponed, to the great oppression of So
singed, and in contravention of the words st
II Marta, " Nulli veaderuus nulli negehlwell aril
411111heeme rectum 'eel joatieiam." Accordingly there wee
gives to the petty accused the right to be tried by)...
sommeind en his ansigament, if, after • limited nmWd
elmillimpt, to whirl the crown was entitled, without o
beteg asslgnel, than remised twelve jurors of those as,
tensed as the ping as to whose qualification ad
isdillinsey so dewier objection (mild be esp.
ported by legal evidence. To prevent a trial gong
off for want of jurors by the peremptory -chaF
lenges of the crown, it woe enacted that they who stied for
the crown should assign at their challenge cause certain, end
that the truth of the same should be inquired into according
to the custom of the court; but there was nu intention of tang
awaylall power of peremptory challenge from the crown while
a nacre' number of jurors remained to try the prisoner.
Indeed nukes that power were given under certain restric-
tions to both sides, it less obvious that justice would not be
eatiafitetorily niMn.M, for it must often happen that
juror inserted in thepanel was unfit to serve onatnal although
no legal evidence could be adduced to prove his nnfitnees.
The object of the statute woo fully attained it the crown were
revenud exertising thepower of peremptory challenge es
lie a, Wake the trial go off, ~e., by not leaving twelve jurors on
the panel who were nut proved to bo liable to
any valid objection. Aecordingly the course had
invariably been from the passing of the statute
up to the present time to permit the crown to challenge with.
eat showing muss until the panel had been called over and
and then to call over the names of the jurces
challenged by the crow n, and require
Cmerown to cause so that if twelve of apse
on the yeast so *to whom no just cause of
.Besides could be @rived, the trial might proceed. In
W leeks of authority the rule was laid down that the King
seed net show any awe of his challenge till the while
penal had been gone through, and it appeared that
there was not a full jury without the persons tee
ciedlieged. This rule, with the view probably of conveying
to bounden that it operated harshly against the prlsorret.
Mal often been contested, but as often reagens!
and esteldiehed by the presiding judge. The hit
hoboes et this wee on the trial of' John Fret
lee high trams In 1340. On that occasion the Lad
CldiJeetioe Tindal, the presiding jodge, without ailing ont
the coma fat time:town tons Kwer the objections whiehhad
Men weds, mid that the court could not put • different
ometseretion apes the 33rd of Edw. Ist. from that which bad
been laveriebly given to it in times pan, and that looking to
the Imogene of the set, he thought it was by no mesas
ea wiser or improper conclueion to say that the
awes might not to be Gelled upon to thew
tense upon its &Mugs until the whole panel had bon
gone through. Baron Puke and Mr. Juriee ‘Villiams, the
emaciated judges, closely concurred in that opinion-
and so this statute had been re-enacted m thi
reign of George the Fourth, it must be supposed
that the construction so long put upon it bad the sanc-
tion of the legislature; and there woe no reason to euppoes
that such construction had ever worked unjustly. 'l hoo-
ter*, the drat ground of error swiped that the jurors
wen ordered to stand by on the application of the counsel
in the peemention without any cause berg shown, entirely
idled, And no objection could be taken to the sok
logy of the proceeding, when the panel id
heat owe gone through, without the juryhden
hemed. What, then, was the state of things acoeF
big to the record, and what was then dome :• Twelve of the
jurors, returned on the panel, were at that time shut up, de-
liberating on their verdict in the case of George Chapman, sad
their names had not been calla Thereupon the name of
William Irenmonger, who wee before challenged by the
crown without came being assigned, was nguin celled, sad
being again challenged by the crown, the prisoner's coupes/
preyed that the crown be required to show came, or
otherwise that William Ironmonger should not be orderedto
stand by ; but at this moment, and berme any judgment wig
given by the court, the twelve jurors in Chaputan's case re-
turned into court, gave their verdict, and were
discharged. Being still present in court, and the
formation of the jury In elanoeles ease being in progress
the counted for the crown prayed that William Ironmonger
be ordered to stand by until these twelve jurors be called
over. This course was objected to by the prieoner's
counsel, who preyed that William Ironmonger should
be swum on the jury, unions cause of challenge were forth-
with assigned by the crown. The court adjudged
that Ironmonger should stand by, and far-
ther that the names of the twelve Purees who hod
returned into court should be called over.
of the arm of a juror mutat Jacob., who stood en
We panel wet aliker Willem Ironmonger. The counsel in
the prienter argued on Baturdey last, before this courethatell
theprocesampanbsequent to the calling of Wm. Irennitomme
a mooed dm, were erroneous. To dude upon this objeo-
don the sant must consider what wee the meaning of
" going thinitgli" or "perusing" the panel s-cording to
the Buhlbig down on the subject. If it were
list when the glad lag one celled over no jurors who did
net reruns le Utak imam could he afterwards celled and
eessldssi en josses en the panel (although they came into
wed inessiletely saw the first calling over of the panel.
awl bin releef W been completed), the plaintiff in error
wed* be alaIM i alleact ; but so narrow • construction
Wile set wadi lent to very inoinvenient consequences, and
wadi be owing in the trivet the statute mooned to have in
elm After eihnleg to verities authorities on thtzl
Lad Campbell preceded to deal with the
woe in reference to Jabes Phitput, the juremese
who after being called, end rifler taking his sat
in the =6/., intimated that he bud emoriontione
espital punishment, and on the applicants
earreenen. see ordered to withdraw by the learned judge
rigre dr soma being called upon to show cause. It wr
ripri tbr re yroctoodiug was irregulnr, and that Vlelpog
mien le heorm lann MOM, but the court thought that the
hand trip Wile SAW, on Oro pryer of Ant
errs. mar Iden le Mond by, without
therms* srlp ems Welland not being then e
mid lbw big • probability that a full jury would berms
warm. Ws hares. They could not IletilliflNC in the rule
coseended Sim= primmer'. counsel, that judge at •
trial had no ty to excuse a juryman in the
when he wee celled on hi order him to with
if no objection we. emote to him, although
he might be unfit from physical or mental
infirmity to do his duty in the jury boy, There were cum
in which jurymen of tWe desoriptiSon woe not objected to in
consequence of no counsel being eniploved on either aide, or
for some other reason, and a was do duty of the judge womb