Northern Times.
Liverpool, Merseyside, England, 1859-04-13 00:00:00

JUDGES AND JURIES.

THE case which occurred at a recent Assize in
North Wales, of the learned Judge, Baron BRAM-
WELL, having called in question the verdict of a
jury, and his doing so, as has been complained of, in
a manner offensive to that part of her Majesty's
dominions, was brought forward for reprehension a
few nights since in the House of Commons. The
Judge, it seems, reflected severely upon the jury of
Welshmen, because they found a verdict of Not
Guilty on the trial of one of their countrymen
charged with embezzling the property of an English
His lordship, astounded by the delivery of a
verdict so contrary, as he considered, to the
evidence, inquired of the jury whether they rightly
understood the issue put before them ; and on a
reply being made by the jury in the affirmative, he
rejoined, " Then I am thankful that it is your verdict,
and not mine." Addressing the prosecutor, he said,
" Are you an Englishman ?" On replying " I am,"
the Judge added, "Is your firm English ?" The
reply was " Yes." Whereupon the Judge observed,
" This should be a warning to Englishmen not to
invest their capital in Wales." Now this, it has
been contended, was a matter calculated to affect
very seriously the administration of justice in
Wales ; and the Government were questioned on the
subject, as to whether the Judge had given any
explanation of the proceeding. The query was
addressed more immediately to the Home Secretary,
who replied that although, as a private individual,
he might agree as to the matter of discretion ; yet
in his public capacity as a Minister of the Crown
there' were higher considerations forced upon him.
The question was one which trenched on the
independence of the Judges, who were beyond the
control of the Home Office, and it was not consistent
with his duties to offer explanation by way of apo-
logy for the remarks of the learned Judge.
Now this may, at first sight, appear very unsatis-
But a little reflection, we think, must
satisfy any reasonable man, that of the evils referred
to, the greatest certainly would be that of trenching

factory.

on the independence of the Judges. This indepen-
dence is, like every other kind of independence under
free institutions,. of a qualified character : it is not,
and no such property can be, absolute—but limited.
As it has been well observed by an eminent writer
on the administration of justice, "since protection
against every illegal attack upon the rights of the
subject by the servants of the Government is to be
sought for from their tribunals, the Judges of the
land become not unfrequently the arbitrators
between the Government and the people, on which
account they ought to be independent of either ; or,
what is the same thing, equally dependent upon
both." And this, let it be remembered, was the

policy which dictated that memorable improvement
in our system of judicature, by which the Judges,
who before the Revolution held their offices during
the pleasure of the Government, can now be
displaced from them only by an address to the
Crown from both Houses of Parliament—as being
the most authentic, the most constitutional manner
in which the dissatisfaction of the country can be
expressed. But it must be a grave offence indeed
which could ever justify Parliament in pro-
ceeding to such an extremity. And surely it
would be most derogatory to an office of such
solemn importance and dignity, for the Judge to be
interfered with for every little cause of partial dis-
satisfaction by any individual member of Parliament,
who might think he was called upon to have one of
them taken to task. '

With respect, moreover, to the verdicts of juries,
which the Judges are ever and anon under the
necessity of taking notice of, we cannot but think
that, generally when such is the case, they are
occasions of which it is, upon the whole, for the public
good, advantage should be taken to inculcate, and

if possible to enforce, a more careful and conscien-
tious consideration, on the part of jurors, of the
obligations under which they lie to discard from
their decisions not only all personal feeling, but also
all mere opinionative judgment, prejudice, and
passion, and give their verdict, as they have taken
an oath to do, according to the evidence. The disre-
gard of this great principle of trial by jury is
unhappily a growing evil—not in Wales only, but
in England also. So many of our jurors, now-a-
days, are men who so often illustrate, in the jury-
box as well as elsewhere, the proverb that " a little
learning is dangerous,"—so many of them are so
" wise in their own conceits,"—that they will
not submit to be instructed or directed
by the Judge, when he seeks, as in duty
he is bound, to impart to them the benefit of
erudition and his experience. And it must be
remembered that such instruction and direction on
the part of the Judge, and a due deference to it on
the part of the jury, become the more important
from the fact of its being in the power of any one or
two of the twelve to starve the rest into compliance
with their opinion; so that, as has been observed,
"the verdict may possibly be given by strength of
constitution, not by conviction of conscience." Upon
the whole, therefore, it were better not to interfere
with the independent action of our Judges,—unless,
indeed, it should be, which it never is, a case of
palpable or exorbitant wrong-doing. Whatever
faults they may have—and they are very far from
being either many or grievous—their virtues so far
outnumber and outshine them, that Englishmen
have reason to thank Heaven their Bench of Justice
possesses a character for integrity, impartiality,
equity, and righteousness, unsurpassed in any age -of
our country, Or in any other country under the sun ;
and that the great object of the Judges, independent
as they are of all extraneous influence, is that
invaluable one, which constitutes so great a blessing
to any nation, of truly and indifferently ministering
the law to all alike—

•' Poising the cause in justice' equal scales."

Tim VICTORIA CROSS. - This decoration has been
c 3nferred on seven persons, for acts of distinguished bravery,
which were recorded in last night's Gazette.

NEW BARONBTs.—The Gazette also gives a list of
gentlemen on whom the dignity of a Baronet has
been conferred, viz.:—N. Miles, of Leigh-court, Somerset;
Join, Neeld, of Grittleton, Wiltshire ; Edward Grogan,
County Westmeath ; J. H. Greville SON of Ashton-