The Sun.
London, England, 1839-03-06 00:00:00

ILVI4_:N ING EDITION

ltras not likely to have a fair trial, was he ( Mr. D.), as
Counsel for -the prisoner, to permit him to be tried, and
Wouldt.; their Lordships give their consent to it? He(Mr.
alight have said too much, but in his opinion the affi-
cssu of the prieoncr's attorney was amply sufficient to carry
cusiction to every man's heart and mind. It was an in-
sult his (Mr. D.'s) undo-seat:ding to speak of the arti-
e, tw J('s co
t-LW:Led in the Newspapers on this subject as the
addle of an Editor." To him it appeared to be the
i;atest thing' pessibla to the stab of the assassin's dirk.
le hoped their Lordships would not think the application
Twine too late. The
prisoner had waited till the Grand
ury found their bill ;
and nOW he desired the trial to be
P"'P°fied—not because he feared the result—of that be
had no fear whatever—but because, by its being post-
-1 1)u he was likely to have a fair and impartial trial. Mr.
undas observed, in conclusion. that he would leave the
em,'t'er in their Lordships' hands, confident that the life of
Les client would not be uenecessarily placed in jeopai-dy.
rile.. Baron PARKE observed, that from the novel nature
cs the present app
t lication, he had felt some doubts as to
t's„propriety of yielding to it if it were granted in
it, case, similar applications would not fail to be made in
C-Iscs ; and on this account it was that he was
T;'lll,x'°us to have the assistance of his brother Alderson.
.h however, was one of a very extraordinary nature, and
bee anion the subject Of extraordinary excitement.
" publi of the evidence taken before the Coroner
Tt;',e:4' trennely improper; indeed it was an indictable offence.
ril_'ntese, toe, had been made the subject of great excite_-
in the newspapers up to so late a period as the 12th
atl.of sae
e..,
uar3 last. In one of the newspapers there was a
a•nrient that Bolam had expressed a wish to see a ma-
tgi!str'tate, and thence leaving the inference to be drawn
he was about to snake a cenfeand further,
h.lliat aslant had made an ss.sigement n;s aroperty to
Is Was true these wss letter from -Mr.
'''burne, on the loJi of Februety, in answer to those
statements, but again there were camments in the news-
saPp', discrediting that answer. There had also been read
1).
• Inc course of the affidavit, an article in another news-
14li ter
s'c'w 1
h ing not a detestation of the crime itself—for
i"8 natural —but that the mind of the writer was made
fixing the crime upon the prisoner, Archibald
highest 'II' These circumstances were likely, in the
Beti degree, to prejudice the cause of the prisoner.
in ;'e, there was another consideration of some weight
at t,avour of the present application—namely, that
iss,_l° present Assizes the Juries would be corn.
-7u• of men chiefly from the neighbourhood of this
from the simple circumstance, that it was not con.
di at this time of the year to bring persons from a great
sisna,r-ce• itsppeared to him, therefore, that the most sub.
satint'al justice would be obtained by yielding to this appli-
Vhisin' 'rnd Postponing, the trial until the Summer Assizes,
would crease interval of five months
n the
it-ney"n'iraca he hoped that no means would be employemployed in
on ibis "Paper to promote excitement in the public mind
sit* 's °latter. Such proceedings were highly reprehen
end: al.ld calculated, in the highest degree, to defeat the
A°lJostice.
Baron At.nartsoN said -lie concurred with his brother
liesaai• Tlle general rule was to try a prisoner as soon as
410-4: e after the offense was committed; but the statute
eat of n deviation from the rule where sufficient cause
olvti for such a deviation. It was impossible that
Lion beciritnes could be committed without public ind‘ignaa
do s. at: excited; and it was quite proper that it should
feelin. gut the very circumstance that it was a laudable
Tsounnsr?nuired that it ought not to be excited further.
not Ugh
it
"as
a proper feeling, it required regulation and
sissos be stimulated. By'having las trial postponed, the
eal,irr 'would be tried in the ordinary course by a jury
liarl)
,"g.from a distance, which was a circumstance peen-
tars ,dtstinguishinse the present case. It would be neces-
eo,;:,!towever, for the prisoner to be brcught up to the
for,',V,, court to plead, and than his Counsel would move
postpone went of his trial.
but Pnsoner bore the proceedings with great firmness,
Bit
" h
an for the postponement was exemplified by
4" from the crowd at their disappointment.
and s°oll as the prisoner was taken the to County Court,
Aire had Pleaded to the indictment,
Ras 41,tlowans rose and renewed the application, which
I,Fen formally granted.
esus! Court then adjourned, both Judges intending to try
v 3 at the County Court.