The British Press; or, Morning Literary Advertiser.
London, England, 1822-11-14 00:00:00

Mr. WAILIMIELD followed on the same side.

The LORD LBANCELLOR obverved, that it did
not appear that Mr. Ainsworth was possessed of any
property ; an affidavit ought to be made, stating
whether he had or hld not property, for it would
not satisfy the Court that he only settled himself on
the infant ward; end he directed that the case should
stand ever until Friday next for that purpose.
His Lordship was occupied the remainder of the
day in hearing bankrupt petitions, of no interest
except to the parties concerned.

COURT OF BING'S BENCH, WrrruittsTaa,

WEIDE VADAT NOVEMBER 13.

LIBEL.
TN[ KING V. DoLIIT.

This was an indictment for libel, preferred at the
instance of the Constitutional Association, and was
tried before the Lord Chef Justice at the last
sittings for Middlesex, when the Jury found the
Defrudant guilty.
. .

Mr. J. EVANS now moved the Court for a new
trial. on the ground that the Coroner, who, l'y r
►ule of the Court, was directed to return !he Jury
(it having been ohjectedoliet the Shertti G:u•ratt as
• member of the Contitutionsl Society, was own-
different), had no authority to have certain persons
ready before-hand to act as taleamen in the event
of a ►ufficient number of Special Jurymt n not bring
present. By the Act of the 42d Edward 111. c. 11,
it was enacted, that the nattle3 of all those persims
who are to serve on inquests should be returne,l
into Court six days before the trial ; and in the '2d
Hawkins, sec. 21, p. 677. it was held. that the sta-
tute applied to civil and. criminal VISYII, Ull,l to
tries jurors as well as the original pannel ; so that
with the exception of falesmen, de eireariasianlibus,
the Sberificou Id hot summon any one without giviog
the parties a panel ; and the Act of • %Yilliatw 111.
cup. 32, gave no such power astir Crouse hied
here exerted, which completely overturned the
provisions of the two Acts of Parlament to which
he had referred. end the Jury asiglOt, to all intents
and purposes. be • packed Jury.
Mr. Justice BATLelf—" SO it may in one
sense, but ma in the invidious sense of the ward
packed.' It is • selection by an indifferent
person."
Mr. J. EvAmm —" I use it in the worst possible
settee of the word."
The Cuter JUSTICE—" You do; hut you are
not authorised so to use it in this case." '

Mr. Ell Alls said he Wu, prepared to justify by
■►gumewt.
The Carer J urricg—" It is not necessary now :
go on with year man, argument."
Mr. Evans submitted that if the Coroner hrd
the power of summoning whom he pleased, be
might summon those who bud been objected to and
previou►ly wrack out of the li.t of 48.
Mr. Justice BAYLEY—" Does not the Coroner
take an oath of office ?"

Mr. Ev•ms—•• I believe he does, my Lord."
Mr. Justice BAYLEY •mm.. 4 Is it nut rather harsh
to suppose he would be guilty in that way ?"
Mr. EVANS mid. that publ►c officers were lint
esetnpt from the influence of strong political frit.
ing ; at least such was the opinion of the Legirla-
tore is testified by the enactments to which he had
referred.

Mr. Justice EATLET—" If the Coroner were not
to eXVICIbe his discretioN•might not the objection
be taken on the other side, that the Detesubiot
might have friends of his awn staudtag neir its the
Court ?"
Mr. EVANS said, thee abort eight be posaible ;
but in this case they might bus waited tiH there
had been a stew Sheriff. There wee another point,
namely—that the Sheriff ought to bovOreturord the
Jury to try the Clint. In the ewe 'of the King
V. Edmonds, lu the OA toga Al.

tifrsea, risge 471, it woo soletooly decided dot
too challenge could be allowed to the array of the
Special Jur'y. on account of uniodefferenry of the
re' rffirer. At the time the cause was ori-
ginally called on, no challenge was made to the
Special Jurymen, mud therefore the Coroner could
out be authorized to teturo any Special Jury. If
there were two venires on she record, that had been
decided in the cure of Precietne r. Turner' is
td Vogel', to be erroneous. On these ground.,
be trusted their Lordships would grant his appli-
cation, and they would not fall to obserte, that this
was nut a public prosecution, but by a society, and
this was one twisty of the incoureoieuces resulting
from their officious interposition.
After consulting the other Judges—
. . _

The loan CHIEF JusTICI said, that at the trial,
whin the ohjectiotir t.ere tacos. he had, ou the bear
etionsider.,tion lie could then give them, decide.,
that they ought not to prevail; but fully impressed
with the importance of every thing which related to
so vital a branch of the administration of justice: as
the trial by jury, without waning thereby :to
intimate any change in his own opinion, but to
give an opportunity for the fullest consideration of
the subject, Mr. Evans might take a rule to obi,/
cause.