The Sun.
London, England, 1822-02-01 00:00:00

have been done innocently by some persons, but was criminal in
him, as it *as done to serve private purposes. In this case,
it is impossible to mistake the motive Of 111 r. Hector. Mr.-
Hector was the person who, before the Committee of the House
of Commons, stated himselfto be in possession of Mr. Jollities
documents, papers,•and records--the Agent who managed his
Election Petitions before the Committees, and to whom all his
concerns in the Borough were intrusted; and so active has he
been for his employer, that he was once the subject of an in-
dictment for a forcible entry into a house in Pet;:rsfield, in
order to prevent the owner voting at the last Election against
Mr. Jolliffe.

Mr. Justice BEST—Were they to meet on the day in ques-
tion to elect a Mayor ?
Mr. HARRISON—Yes, my Lord; that was one of the ob-
jects of the Meeting.—l apprehend, my Lords, there is no
doubt, for it appears in all the books, that the practice is for the
Jury to retire for the purpose of considering their presentments.
The duties of the Leet Jury were anciently very important; and
though some of their functions have, from particular circum-
stances, ceased, it is essential that those functroni which remain
should be regulated by the same rules and iitinciples which
formerly governed them. Now when they were sitting as a
Jury to find bills of indictment, it was impossible to ima-
gine that the Steward, who is the Judge of the Court,
could legally be closetted .with them. Mr. Hector )11t.ft
have been aware that the course he was pursuing was not
legal. 1 am aware that your Lordships , have nothing
directly to do with the elective franchise, but collaterally
through questions arising as to poors' rates. Mayors of Bo-
roughs, and in many other ways it conies before your Lord-
ships ; and I am sure the Court will feel the necessity of their
protecting it against the practices of a person in the situation of
Mr. Hector, who is the Steward of an individual who has ex-
ercised a political influence in the place, and who has been his
active agent in all his transactions respecting it ; and especially
when your Lordships recollect the declaration which was made
on the day which gave rise to this application,—that the ne-
phew of Mr. Hector's employer, and the son of the person cho-
sen as the Mayor and returning officer for the Borough, was
immediately to be brought forward to represent the place in
Parliament.

Mr. Justice BAYLEY—Did you not state that there is at pre-
sent pending a prosecution against a person claiming under a
similar application ?"
. Mr HannisoN--1 did, my Lord ; but my affidavits state,
that from the-defendant's delaying to plead, and from his throw.•
ing the-case over to the Summer Assizes, it is expected that
thn.e.will be another disclaimer. There is, however, this dif.
Lrence between the cases,—that the former cases went entirely
upon the round of the Stewards naming the Jury, and no issue
was raised on the fact of his remaining with the Jury whilst they
were considering their presentments. In this case we go upon
both grounds.
• Mr. Justice BEST—What do you state about his insisting to
be present with the Jury ? • , , ; • -
Me. HARRISON—Notice was giVen to him not to be present,
and he remained in defiance of the notice.
111 r. Justee BEST--.ls it not necessary he should be present ?
Mr. HanitisON—l 'apprehend not, my Lord; the Jury • re-

Mr. JuStice BEST—Is that, which is done, in the form of a
presentment ?
Mr. Hannisorr—Yes' my Lord.
Mr. Justice BEST—What has been the practice on former
occasions on the election of the Mayor ?
Mr. BAR BISON—In old times the Jury retired,'as all other
Juries retire ; and it is clear that the Steward was not present,
for he alwa;s assumes the right of correcting matter's of form
in the presentments, taking care not to'alter them in substance,
as error in form might occur, as the Jury are closetted without
the presence of any per Son to suggest the terms of them.
Mr: Justice flor.novn—How long has the practice prevail-
ed of the Steward remaining with the Jury ?
Mr. HanursoX,.—l believe it has been introduced by Mr.
Hector.
Lord Chief Justice ABBOTT—Do any of your affidavits state
that the former practice was to allow the Jury to retire by
themselves ?
Mr. flannisox—l have not an affidavit to that effect.
Mr. Justice Barx.Ey—lf there is an indictment found by
the Jury, the Steward is the person to try it.
4lr. HannisoN—Certainly, my Lord. He is the Judge of
the Court. The notice which we gave to Mr. Hector was in
this form:—
" We, the undersigned resiants, within the jurisdiction of
" the above-mentioned Court Leet, and who are also free-
" holders within the Borough of Petersfield, and entitled to
" vote at the election of Members of Parliament for the said
Borough, ho hereby protest against your remaining with the
Jury which may be impanelled at the said Court Lect, on
" the 14th day of January instant, during the time in which
" the said Jury are considering the several presentments
" which they are required to make ; such. conduct on your
" part being highly illegal, and subversive of the rights
"of the Jury and the resuints and freeholders. And we give
" you notice that should you remain with the said Jury during
" the time aforesaid, in defiance of this notice, an application
" will be made to his Majesty's Court of King's Bench, for
" leave to file a criminal information against you for wilfully
" persisting in an illegal course."
Mr. Justice BEST—I do not understand that the Jury them-
selves protested—they/ did not object.
Mr. HanitisoN—lt is difficult for us to shew what they
themselves did.
Lord Chief Justice ABBOTT—Yon cannot shew that they
protested against it.
Mr. Hann ISON—No, my Lord, it is hardly to be expected
that they should—all the Jury were persons whose names
were put upon the precept by Mr. Hector. My two objections
are, 'lns; that Mr. Hector nominated the Jury, and that
the selection was made for a corrupt purpose: and SECONDLY,
that he remained with the Jury, so Illegally and corruptly
named, during the time they were considering their present-
ments, in order to influence their election of the Mayor and
other Officers.
Lord Chief Justice ABBOTT—It is very desirable that you
should lay before the Court the' ancient practice—whether'it
was the practice for the Jury to retire.
Mr. Halniso24-1 have suggested that such affidavits should
be furnished.
Mr. Justice Bartry—You are aware that the Grand Jury
of this Court have an officer invariably remaining with them
during the whole time., He very often assists them in matters
of law which arise.
Mr. lannisox.:—He is not the Judge of the Court, my
Lord.

Mr. Justice BArLEY—No ; that may apply very well to
the indictments, but not so well to the presentment of particular
persons for corporate officers.
Mr. 11.awalsoN—Will your Lordship allow me to mention
this a day or two hence.
Lord Chief Justice AnnoTT—COtainly, with such affidavits
as you may consider necessary.