The Sun.
London, England, 1823-01-13 00:00:00

CURIOUS SCENE.

WESTMINSTER SESSIONS.
On Saturday a somewhat curious scene took place in Court
upon the subject of the removal of an indictment into the Court
of King's Bench.
Mr. ADOLTUUS addressed the Bench, which was very full,
to the following elect :—He had been informed that a man
named Atride was detained in execution under sentence of im-
prisonment passed upon hint the day before in direct opposition
to the law. This extraordinary proceeding it became his duty
to notice for the purpose of inducing the Bench to repair as
much es lay in their power, after the infliction of a severe in.
jury, the mischief occasioned by their departure from a great
general principle hitherto held inviolable. Atride and a gen.
denier' of high rtvik and respectability were included in the
same indictment, and the defence of the one necessarily in.
volved the :defence of the other. It was considered neces-
eery to remove the case by a writ of certiorari into the
King's 'Bench, and Mr. Harmer accordingly sent the neces.
nary authority to the Sessions House by his clerk, who handed
It up to the Bench before the Jury were charged with the
defendant in custody. Of the effect of a writ of certiorari,
no lawyer living could entertain a doubt. Burn's Justice, and
Ilawkins's Pleas of the Crown, which were known to, every
one, distinctly stated the nature and spirit of its operations;
but, in the teeth of all authorities upon the subject, the Bench
had thought proper to try the defendant Atride, who, in conse-
quence of the absence of the intended defence, was convicted,
and thus became the victim of a mock trial, constituted corm
nit judice, and upon evidence not cognizable in any Court
of Justice. The moment the writ appeared, it put a period to
the authority of the Bench. The name of Atride certainly was
not specified in the writ, but it was comprehended in the word
" another," which was suited in conjunction with the name of
the oter defendant, who was the pnneipal. ::ow, when the
indictment was removed with respect to the principal, it fol-
lowed, invariably, that the accomplice was as effectually inde-
pendent of the Bench. Ile (Mr. Adolphus) should himself
have interfered to prevent the trial, but, as he was not retained
at that time, the delicacy which it was necessary to oil:terve to-
wards the Bench, was an impediment to him in doing that
which it was now become a duty in him to do—namely, to
protest against such an infringement of the law.
Mr. CON ST (the Chairman) Mr. Adolphus, it was a pity you
did not as an Amite: Carite mention the objection yesterday.
Mr. ADotentts—All that was necessary was done by Mr
Harmer, who caleulated so firmly upon the effect of the writ
as not to take any further notice of the ease. Although Mr.
Harmer was not engaged to defend Atride, he would have de-
fended him, so important was the event of a trial of one to that
of the other. It was a most unfair anti cruel proceeding.
Mr. CONST-1 desire, Mr. Adolphus, that you will not in-
dulge in this invective against the Bench, to whom you so
improperly attribute motives by which it is impossible that
they can be influenced. You are not to consider yourself at
liberty to usher in your motions with tirades of half an hour'e
length. If you question the propriety of what has been done,
you had better postpone your observations, and make them in
the proper place.
Mr. Anovemts said he was not aware of having imputed
improper motives to the Bench, but they had, without doubt,
acted against the law.
Mr. Costive—The case was treated exactly as cases of com-
mon assault are usually treated. The prosecutor was asked
whether his witnesses were ready, and no gentlemen of the
bar made any objection to our proceeding in the trial.
Mr. AnoLPlllle, after souse further observations, concluded
by moving, after declaring that no man in the world had more
reason to complain of injustice than his client, that Atride
should be forthwith discharged out of custody without bail.
Mr. ALIA Y, in supporting the application, said he was
convinced the Bench had acted under the erroneous impres-
sion that the writ regarded the other defendant alone. They
were now able, however, as they had a complete anthority
over their Own acts, to render the verdict unavailable.
Mr. Cow! T sad he did not think the Court hail the power
to set Atride at I rgi. Whatever question might -arise as to
their power of trying Atride, under the circumstances stated,
the conviction lad, as in other cases, taken place alter the re-
gular examinations of witnesses, and they could not grant the
application.
Mr. Bevit. (on the Bench) said, that if the case had been
improperly proceeded in, the Chairman was certainly not re-
sponsible, for he had started the difficulty. It was, however,
the prevailing opinion that the writ regarded the untried de-
fend-ant alone. In fact, the Bench had not seen the writ. If
they had, they might have adopted a different course, but the
verdict having been given, and sentence passed, they could not
now interfere.

Air. A notptius then stated that he should apply for tads.
faction for his client in the proper place.

The remains of J. B. SMITH, Esq., whose death
we announced in our lasts were on Tuesday in-
terrel at Croome, and in conformity to the wish
of the Noble Earl, in the vault of the Coventry
family.—( Worcester 'Jerald, Jan. 10.)
On Saturday evening a poor fellow from Ire.
land was examined before the sitting Magistrate at Hatton.
garden l'olice.oflice as to bis settlement, is order to bo passed,
and being questioned as to his occupation or employment, be
answered with characteristic outiocte—,,, Faith, Sir,. when times
ware good plase your Worship, 1 was 4 fanner ; tut now Mat
have nothing ta de, I am a lattourrri,"