The British Press; or, Morning Literary Advertiser.
London, England, 1820-12-01 00:00:00

The record of the conviction was then read.

Lord M EADOIV BANK said, that in delivering his
opinionupon this case, he was aware that he had to
oppose the concurrent opinions or their Lordships;
and therefore was bound to conclude that his own
orinimi was founded in error, although it was his
duty to stale to their Lordships the present convic-
tion of his mind. He felt himself bound to tusk,
upon what it was their Lordships had made up their
armed.? The Learned Counsel (the Lord Advocate)
had, as soon as the fact came to his knowledge that
an uegualified jurymen had sat upon the Jury,
whose verdict was still before the Court—with that
propriety with which his Lordship always acts, the
Lord Advocate had communicated the fact to the
Court; but while he (Lord Meadowberik) admitted
the propriety of the Lord Advocate making the corns
munication, he felt himself bound to ask what seas
the question before their Lordships? Their Lord-
ships had merely before them a staiemeut from the
Lord Advocate that such a circumstance had come
'to his Lordship's knowledge, and he begged of the
Court to interfere awl ;dispose of tite'vertlict. without
any moiler) of Counsel fur or in arrest of judgment,
which would give the Counsel on both rides an op-
portunity tor brig;; beard. The proper line of proce-
dare in 'his vs., was obvious: the Lord Adtocate
should either have moved the Court, praying for
judgment in this ease, or have given time for.* mu-
tton from the Panel's Counsel iu arrest oljudgineitt,
either of which motions would have given the Coun-
sel on both sides an opportunity: of arguing the goes-
lion. It their Lordships proceeded ex proprio mole
to pronounce upon the case as it at preterit stood
before them, what might he the consequence ?
Their Lordships might foreclose the verdict. and
order a new trial, which may be contrary to the
interest of the Panel. The Panel might. for what
their Lordships yet knew, have reason to be Amis.
fled with his present verdict, although certainly na
illegal one; arid the PariersCounsel may not see tit
to pray for an arrest of judgment. What then were
their Lordships.now•doing by their present interpo-
sition ? Neither tutors nor lea than forcing upon
the Panel an expedient which lie has a right to
claim ss a 11111/11e4e. but which he (Lord Nleadow.
bank) was of opinion, though; in defereece to their
Leitiships, he Must consider that opinion founded
in error. their Lordships had no right to force upon
the l'aorl the exercise of a privilege, it it should
appear prejudicial to his intertt.t. Their Lordships,
on the contrary. were the Gomm, I of the
they were the Counsel of the Panel's Con Ilse I ; and
their Lordship. were bound to advise with, the
l'atti!l and the Panel's Counsel uti the expediency
of applying for an arrest of judgment, itirce.al
decreeing any thing that mar he prejudicial to the
Panel, or whirl' the l'atiersConnsel, if an oppor-
tunity were given them, might he able t 9 ciotovinee
their Lordships is prejtudittial to the cute of their
chic

Lord (;IT 1.1F3 Plcipre4.4ed 1114 CenviCtioe, that et
not* rate the vvrdiet eculd not "land.

the fret is... hew r.tlnir.ii to be certified, and
r. V 14.4 (*Aka Ili. ati.l ex.tnintsl as to his 11:4t:
al the tone lit -rveti us a iiirite ht the r.es,t of the
P. ismlrr. flr soKI ktt was ti..t et) .t the time. The
certific.ste Itgt2 tc rr also lacired to
d cuurt.

Lord CILLI ;: •„ if P 4111.1% C01[1111(4 wiNited to be
beard upon th V4kbe, thellight iliry with i•rti-
play (101+,4- thuir arlzrsint• the present to.itzr.
Alr..l,fi.ey, role of the hosier., Cooost-1,
tin to oielol the Court this dry, the dirt rear
adjourned to Moutiasy oext.

The LO RD .1 US TICE CLERK stated, I h:st Itimscif
vtal Lord liennaall had ei•lit II the mem ;;.tai uI
liesiirrwAlife, anti had consulted usi eittinet.t Ploy-
sitiett uM to the saki lo;ty of 1:1,1 tpol ; awl he t.,,,
directed the approval of the Court to he rend, which
declared it to he a tito td criutioal galal.
id-Juhis DuteEla•, convicted at the
lest Circuit Court of Ayr, hot' eatue before their

Lord SIiCTOTII stated, that him reseon for wishing
the piewiit caw to come wider their Lord,hips'
judgment wati, not that he saw any difficulty iii the
C4l,e, hot it bring one of a peculiar nature, still lie
may add of peculiar enormity, he was not willing
that it should be determined by it bench of two
Judges, but that the Panel should be 1 ght be-
fore their birdships, and there convinced of what
is the law of the country as regards his crime; Al.
though he did rot iistrud to justify Mr. Buchanan
ill bsvit►g employed the ,Prianitet in capacities so
irreconcilable, it had been fully proved in evidence,
that as 'agent or the Bunk or Scotland hi had re;
teiied 4711:tunt'suhris of•nuintiy, amounting its
garketran*Sialt, Whieit.•••neelnuterainVandieinAriei,
its

_ •

Lord Fl Etta 41V D thought the Panel's offence was
aggravated by his having abused the unlimited maw
tidence which had bees► placed in. him. The vie-
ciiiii4tances urged iii extenuation, he was of opinion.
had better not hare b-en named, but perhaps they
Were the bust that could be pleaded. lie pro.
posed that the Vii.oner be transportel for seven
years.
_ _ _

- Their Lordships concurred. and the Lotus
JUSTICF: CLEIIK, in pronouncing the sentence.
a,surr4l 111 e Panel it was in the power of the Court
to indict a much heavier sentence on his heinous
crinie, soil he inuot attribute the leniency of his
rentence to some peculiar circumstances in his case,
wli ch hail been considered by the Court.

The Court adjourned to Monday neat.

PUBLIC DINNER at Me YORK HOTEL,