The Sun.
London, England, 1840-01-02 00:00:00

EVENING P'1)IT1ON

innocence, if they are innocent. t=entlemen, in cases of
. high treason—which is of great importance to the accused
i —the law is most particularly guarded in reference to
the prisoners. It provides that they shall have ample op-
portunity of knowing the nature of the charge made against
them, the witnessys by whom it is supported, and of the
Jury by 'whom it is to be tried; and I believe it will be
found that Mr. Frost has had ample opportunity of know-
in; the charge against him, the witnesses by whom it is
supported, and the Jury who have to try it. I believe
that no form of law has been omitted, or that anything
has been interposed to prevent tile justice of the country
proceeding. I have no doubt that the witnesses who
will be called and examined will receive from you the
f most careful attention, and that you will listen with the
respect due to them, and to the arguments which may be
adduced in favour of the prisoner. On this it will then
be your important duty to pronounce your verdict of
Guilty" or " Not Guilty," and I have no doubt that you
will do so with justice towards the prisoner, and satisfac.
tion to the public justice of the country.
The Attorney-General then called Samuel Simmons,
witness for the prosecution.
Sir F. Pellock then roso to make his objection, and
called on the Attorney-General to show that the list of
witnesses had been delivered in pursuance of the Act.
' -,neral said he would do so, but without
',lion, that the objection of his Learned
now made. As his Learned Friend
t in which the name of Simmons ap-
iecame his duty to show that such list
-otest against the competency of my
iake an ohjetioa that the name of a
is nut included in the list, and then
that the whole list was not properly

ly Learned Friend may make what
When we have the evidence we can

,al—Let us bear the evidence.
ie, solicitor t T
o the reasurer, exa-
,ant wide—Has the conduct •f this
,red to the prisoner Frost a copy of
a list of the jury, on the afternoon of
.r last. Application had been made
,he indictment previously to that day
e bill was found on the 11th, and Mr.
!ourt, and appeared for some of the pri-
tor. Could not recollect exactly for
iseners he appeared ; believed for se-
, Gcach being away, Mr. Owen ap-
,me of them as his agent.
,Vildc—What passed between you and
you delivered him a copy of the in-

,jetted to the question, and mentioned
Atcd on so serious a charge as high
words, or act of his awn, give any
pi isfe, or forfeit in any manner the immu-
nitles which the law gave him.
Mr. Kelly supported the objection. The simple fact to
be ascertained was whether the requisitions of the statute

had been complied with.
Chief Justice Tindal—l don't see how the witness can
avoid telling what took place at the time. The question

is whether he delivered the copies.
Examination continued— Witness stated to Frost that
he delivered him a cop; of the indictment found against
him, and also a list of the jury, which hid been tkiivered
by the Sheriff to witness, and that in a day br two, as soon
as he could get it ready, he would deliver to him a list of
the wittwsses. That was all that passed. On the Tues-
day following (the 17th December), having th•Al com-
pleted the list of witnessc,, attended on Mr. Frost again
and delivered him that list, which was a verbatim copy Jr
the list new in witness's hands, and told him it was a list

of the witnesses, which-was a;1 that passed on that occa-
sion. Mr. Thomas .1. Phillips, solicitor, of Newport ;
Mr. Leyden, witness's principal clerk ; and Mr. Evans,
solicitor, were the threo witnesses present on both occa-
sions ; application had been made to witness for the deli-
very of the indictment by Mr. Owen.
Sir F. Pollock objected that they had nothing to do
with any application by Mr. Owen, who was neither
counsel nor solicitor to the prisoner. He could not be so
without the act of the Court.
Chief Justice Tindal—Does the Act require the attorney
to

be assigned ?
The Attorney-General—By Mr. Frost himself.
A desultory examination and conversation ensued, as to
the precise manner in which Mr. Owen became concerned,
in the absence of Mr. Geach, which elicited only the fact
that Mr. Owen acted in the absence of Mr. Geach, as
though for him, as regarded Frost, and that Frost applied
to the Court for copies of the depositions, and that Mr.
Owen might have them ; and that as Mr. Geach was ab-
sent, Mr. Owen might act for him ; to which the Court
replied that, on application to the proper officer, the copies
might be had, and that Mr. Owen afterwards applied to
Mr. Maule for the indictment, which was delivered to Mr.
Frost next day.
On cross-examination the witness recollected the Court
observing, in answer to an application by prisoner, that
Mr. Owen might act for him ; that they could not
assign him any attorney at all, as it was not required by
the Act. That all the Court could do was to give an
order for access, but that he could not have access for
two attorneys unless in case of partnership. Ile delivered
copies of indictments and lists to all the prisoners at the
same time. Mr. Owen was attorney for some of the other
prisoners. Did not himself deliver any second list of wit.
messes, though he ascertained afterwards that a list of fur-
ther wanesees was furnished by his agents. Believed the
copy produced by Sir F. Pollock to be that delivered by
bim, if it remained in the same state.
Rc-examined by Mr. Sergeant Wilde—The name of
Samuel Simmons is in the list delivered on the 17th.
Sir F. Pollock said there was also a minor objection to
the witness, Simmons, that his description was inaccurate.
He was described as of the parish of St. Woollas, in the
borough of Newport, as if the parish were part of the bo-
rough, whereas it never had included it • and, to be defi-
nite, it should have been of the borough of Newport, in the
parish of St. Woollas.
Sir F. Pollock--I am now, my Lords, about to submit
to your Lordships one of the most important of those
statutts, which constitute what my Learned Friend, the
Attorney. General, has not inaccurately called the charter
of the subject in cases of high treason, and which I beg
most strongly to urge upon your Lordships, has not been
duly complied with in the present instance. I trust, my
Lords, you will believe that respect for your *Lordships,
and respect for my Learned Friend and his high office,
would have prevented me from interposing, as I did some
time since, but would have led me to wait until the first
witness was called, were it not that I hoped that my Learned
Friend, in the exercise of his discretion, might have been
induced to forbear making a statement calculated to pre.
judice the prisoner, which the decision in favour of my
objection would not have permitted I.itti to prove. Cer-
tainly my Learned Friend had a right to make his stabs.
ment at the outset if he preferred it, and the presem is the
proper time to make the objection. To the arguments
in favour of that objection I ran sure your Lordships will
listen with patience, as well as to the authorities I may
submit in support of it ; and if in the discharge of this .
duty your Lordships should feel that I may be trespassing
at some length on your Lordships' indulgence, I hope I
may be permitted to advance, al some claim to it, that I
stand here ie ;s novel position—to myself a position wohich
I will not say is one of embarrassment, but one of the
deepest and most intense interest. The facts which are
now before your Lordships are, I believe, shortly these—
that the Commission under which your Lordships are now
sittaig wes opened on the lath December; the bill was
found against the prisoner on the 11th and 12th December.
Copies of the indictment, and lists of the Jury, were de-
llveLed not to Mr. Frost only, but to every one of the per-
sons thee in prison ; amongst others, however, to Mr.
Frost, whose case is now under consideration. This was
on Thursday, the 12th December, and on the follow-
ing Tuesday, the 17th of December, and not till then,
a list of the witnesses was delivered, by whom the
charge stated in the indictment, a copy of which
was delivered on the preceding Thursday, was to
be proved. 1 had, my Lords, certainly hoped that
Mr. Maule would have been able to have stated same fur-
ther
matter with respect to the delivery of lists of wit-
nesses, which appeared to me to be of some importance. as
showing that the act which had been done was never con-
templated to he done, as in obedience to the wishes of any
person acting or supposed to be acting as the attorney for
the pri,oi:er, but was strictly done under the intention of
cotnpiyinc with the statute, and under the notion that it
was sufficient if the lists of witnesses were delivered ten
days helsre the trial, forgetting, which your Lordships
will find even erteral of the tests books do not mention,

that not only must they be delivered ten days before the
trill, but that they must be delivered at the same time
aiid with the copies of the indictment and the list of the
jurors. My Lords, I do look to it wl-cn I shall have
,i-med the law and the ul-4iversal practice on every oc-
cision where I have had the means of informing myself ;
Ido look to a termination of this proceeding—a termina-
tion which, at least 1 consider, no one will hive any rea-
son to Lcgret, hut, on the contrary, with reference to
many circumstances connected with public as well
at private interests, the state of the tim-' and other matter,
will rather induce ail persons to consider it as one of the
fortunatre interpositions in favour of a prisoner without de-

r‘,gating from the, powers of justice, at which they may
justly rejoice. My Lords, the vestion turns upon the
statute of the ith of Ann, c. 21, s. 11. and I Kill submit
to your I...atrial:lips the very words of the Act of PArliaraent,
7h11,n for the first time gave to the prisoner the right to
',Ave a list of the witnesses and a list of the jurors with the
indictment ; for by the statute of William he was entitled
to a copy of the indictment five days before the trial, and
to a copy of the jury panel two days before the trial ; but
not to a list of the witnesses at all. The statute of Ann
was a prospective one. and enacted. that from arid after
the decom,e of h, Protew'er. thr.?e years after the eats-
iolishment of the H.,use of Brunswick on the throne,
according to the provisions of the Act of Succession,
and not till both thcse events had taken place. The
statute then enacts that " when any person so indicted
for high treason, or misprision of treason, a list of '
the witnesses that shall be prcduced on the trial for
proving the said indictment, and of the jurors, mentioning
the names, professions, and places of abode of the said
witnesses and jurors, be also given at the same time that
the copy of the indictment is delivered to the party in-
dicted." Thus your Lordships see that there is first this
chief arid most important provision, that whereas prior to
that Act comity, into operation, the indictment was to be
delivered five days beforehand, and a list of jurors merely
two days before trial, that now the prisoner is entitled to
have the list of witnesses as well as the iist of jurors de-
livered at the same time with the copy of the indictment;
and the Act further provides in favour of the prisoner.
that " a copy of all indictments for the offences aforesaid,
with such lists, shall be delivered to the party indicted ten i
days before✓ the trial, and in presence of two or more me- t
dibl'e witnesses, any law or statute to the contrary not-
withstanding." So that, my Lords, the copy of the in.
dictment having been previously required to be accom-
parind at the same time by the two lists, it then provides i
,h 4 i4l copies of the indictments and all such lists shall
be delivered ten days previously to the trial. I would
remark here incidentally, that we find a prospective notice ;
the operation of this Act, in reference to the very part

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