The Sun.
London, England, 1822-07-29 00:00:00

What is there in it as a matter of right ? Here, is a Court Leet
L from time immemorial, and the Mayor has been elected there ;
then the-next question is, in what manner has that election
taken place, and the Jury been constituted? My Friend has
put the 'case in a very proper point of view. The first question
• is, by what mode the Jury is constituted? and the next ques-
. tfon is, as to the manner in which they discharge their duty ?
It appears from the testimony of the witness called first, you
find Mr. Cannon is called, who was formerly Clerk to Mr.
Andrews, whom we all know to have been a very worthy man,
there is a presentment produced in his hand-writing, and lie
knows the hand-writing of the jurymen who have signed it.
It is dated the 18th of January, 1802, that is above 20 years
ago, but he was Clerk from 1798, and he says the Jury were
generally selected by Mr. Andrews, the Steward. Ile ' did so
first, and it was always so while he was with Mr. Andrews. So
that in 1802 the Jury were selected by Mr. Andrews—that was
by the Steward ; and when the Jury retired to make their pre-
sentments after they were sworn, Mr. Andrews retired • with
.thein ; so that all this goes to two material parts of
,thiS propo-
sition; first, that the Jury were actually selected from 1793
by Mr. Andrews, and that when they retired to make their
presentment, he says, from 1798, that Mr. Andrews retired
with them. 'Why are you to presume, that a set of men who
are sworn to make true presentments, and do their duty, shall
violate their oaths, and do a gross and abominable thing;
and I will add to that, that the Steward of the Borough is so
base in his conduct as to do a very improper thing. lou are
asked to presume that ; I say you cannot presume it. As to
the number of people that Petersfield consists of, or the num-
ber of houses, that has nothing to do with this question.—
Then Mr. Seward is called : the first part of his. examination
was to shew, that the paper produced came from the legitimate
quarter. It is established, that it did to my satisfaction • that
the custody of Mr. Hector, the Steward of the Barough, was
the proper custody for it to come from. Then he says " Mr. •
William Jolliffe has a house in Petersfield, and keeps a ser-
vant there ; when he comes to be elected, he sleeps at the Inn.
I have seen him at the house half a dozen times ; 1 have seen
him writing there."—Then Thos. Shoell is called, who is aged
sixty-eight, and has known Petersfield all his life ; he says,
" I was never Mayor, but my father served the office. I was
on the Leet Jury 215 years ago ; the Steward used then to re-
main with the Jury ;" now here you see, as far as facts go,
you have evidence that the usage has been uniform from 1798.
Now, Gentlemen, under these circumstances, you are to
say, whether there is or is not within this Borough an
immemorial usage as to the manner of selecting the Jury,
and the manner of holding the Court, and presenting the
Mayor ? If you are of opinion, from the evidence laid
before you, and the observations I have made, that there
is evidence sufficient to satisfy you, you will so find
your verdict. 'What will be the result is for' the Court
above. As to the residence of Mr. Jolliffe, 3 am clearly
.of opinion, that there is no evidence ixt this case which re-
quires the residence of the Mayor ; I tell you so in plain terms,
that there is no evidence to shew that the Mayor mt to be a
resident when elected. The fact is, as far as we know, that
there are two instances of Mayors not residing ; but if that was
a point to be made now, we ought to have had some evidence of
the affirmative that the custom of the Borough rendered it ne-.
cessary. The Mayors are not Magistrates ; and we knew that
the Mayor, in a Borough of this sort, has very little to do. He
has no power of granting warrants to apprehend felons, as in
Charter Boroughs; and as in many cases where there are very
essential duties belonging to the Office. In other .cases, there
may be a reason, why he should be resident. There is none
here. Now, with respect to the special verdict, I hardly know
how to leave it to you ; you will consider first whether you are
of opinion that this is proved to be an ancient usage. If you
are of that opinion, I will put the case in any shape they like,
for the purpose of raising the question, for the opinion of the
Court of King's Bench. But, in the first place, be so good as
to tell me, whether that which has been given in evidence, on
the part of the defendant, has proved to your satisfaction the
.usage of the Borough. 'When you have done that, I then will
give you my opinion upon the course to be pursued.
After a few minutes consultation-=FoßEmarr of the' Jury—.
We find the usage proved.
Mr. Serjeant PELL—I understand the Jury find the usage
proved as to the summoning the Jury. •
FOREMAN of the Jury—The custom.
Mr. Justice )3URROUGII—You had better move the Court,
and then have your choice if you like it.
Mr. Serjeant PELL—We think it is better at once to have a
special verdict—it will save expence. The Jury find it is the
custom ; bin whether it is fit to be so they leave for the opinion
of the Court.

Mr. Justice BURROUGH—They must find in the terms of
the issues as it is stated there.

Mr. GASELEE—Upon the issues they will find this, that
from time immemorial the Mayor has been, and ought to have
been, and still ought to be so elected. Now, if the Jury find
the facts that it has been so, and then state certain points—.
Mr. Justice BtraitouGH—You may draw it up afterwards.
Mr. ADAM—The verdict of the Jury must be recorded, as
finding the facts stated in the two special surrejoinders.
Mr. Justice BuRROUGH—They find for the defendant.
Mr. Serjeant PELL—The rest we will take from your Lord=
ship's notes.

Mr. Justice BURROUGIi —All the issues, except what I have
stated, are consequential, like nine-pins. If you knock down
one, they all go. You will find a verdict for the defendant, and
they will mould it as they please.
Mr. ADAM—I will let it be so., A verdict for the defendant,
with liberty to turn the case into a special verdict.
Mr. Justice BURROUGH—Yes, that is the only way.
Verdict for the Defendant.