The National Register.
London, England, 1822-11-18 00:00:00

The Lord ChiefJustice—Yee, that will be the wore correct
way. Perhaps they will be here to-worrow.
Mr. Adolphus-1 will tale care to Lave then' as early as
pOebIIIe.
The Judges rose before two o'elock, to sit with the Chancellor
of the Exchequer, the Lord Chancellor, the Earl of Hai rowby,
Lad Colchester, Mr. Peel, &c. in the Court of Exchequer, fur
the "election of Sheriffs to aerie for the year ensuing.
LIDNESDA NOV. 13.

Tilt KING v. DoLUY.
This was • prosecution against the defendant, Mr. W.
Dolby, bookseller, preferred by the Constitutional Society far
the public.dion of a work entitled " The Political Dictionary."
The cautie was tried before the Lord ChiefJustiee, at the
sittings in Middlesex, and the Jury found a verdi t of Guilty.
M. J. Evans moved fur a new trial, on the ground that the
Coroner, who by rule uf Court was ordered to return • Jury, in
lieu of one returned improperly by Sheriff Garret ; a member of
the Constitutional Society had no authority to return certain
per h Ullll to act as 'falesnien, in the event of a sufficient number
of Special Jurors not being present. By the Act of the 42d of
Edw. 111. it was enacted, that the names of persons to serve on
inquests should he returned to the Court six days before the
trial ; and in the 21 Hawkins, sec. 21, page oil, it was held
that statute applied to criminal cases end to Tales Jurors, with
the exception of Wryness de Clreirivast.ottitns.
The $I era could not summon any set of Jurors without
giving the parties the panne'. The Act of the Bth of William
the Third gave no power to the Coroner similar to that exercised
in the present case, and wide!' completely negatived the prom i-
sions of the two Acts of Parliament to which he had referred.
lithe power exercised by the Coroner with respect to summon-
ing Tales:nen was allowed, that officer might be the means of
packing a Jure.
Judge Illyley —lt is a selection by an indifferent person.—
It does not hear the invidious sense of the words packed Jury.
Mr. Evans—l use the words in the worst sense.
Lord Chi,fJustioe—You do, but you are not authorised to
•se it in this. case.

Mr. Es aus said he was prepared to justify the term he had
u.ed by argument..

Lord Chief Justice.—lt is not necessary for you to go on i■
that line of argument.
Mr. Evans then said, if the Coroner bad power to summon
wham he chose. he might summon thole who had been struck
out of the list of 48.

Mr. Juice Bayley—Does not the Coroner take an oath of
dire.?

Mr. Evans—l believe be does, my Lord.
Mr. Justice Bayley—ls it uot then bush to suppose Ise would
be guilty in the way you suppose?
111 r. Evans said public (Akers were not exempt from political
Kling. at least that was the opinion of the legislators who formed
the enactments to which he had alluded.

Judge Llayley.—lf the Coroner v as not to exercise his dis-
cretion will, reaped to summoning Talesinen, might not an ob-
jection be made on the other side, that the defendant might
have friends of his own standing near

Mr. Evans proceeded in his argument at considerable length.
He wounded another point, which was, that the Sheriff was
the person who ought to have returned the Special Jury, which
was never challenged ; for which lie quoted the authority of
the king and Edmonds, 4Sth Harnwill and Alderson. 171. lie
quoted also, 2tl Voiotia, 173. Ile contended that tide was nut
a public prosecution, but a prosecution carried un by private
who acted on a political bias, &c. and not to be at
all favoured by a Court of Justice.
The Judges having consulted awhile,
'l lie Lord Chief Justice maid, that when these objections were
taken at the trial, lie bad, on the best consideration he could
give 4i them, thought they should not prevail ; hut being fully
impressed with the importance of every thing which related to
the trial by Jury, and that every thing regardis..; that important
branch of the administration ofJurice should be duly con-
sidered (although without meaning to intimate any change in
his o.ea opinion). Mr. Evans might take a rule to sliew cause.
BECALM OF PHOMISE OP MARRIAGE.