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

14; iv.k:N LNG 141,D1Tiort

. ,
s s .
Learned Friend for Mr. Frost, and I concur with him in
sayin that we shall sever in our challenges. We have no
powerg to say that the other prisoners will join in the chal-
.
lenses.
Chief Justice Tindal—I see other Learned Gentlemen
present ; perhaps they can answer.
Mr. Thomas—l appear, my Lord, for other prisoners
and I can state it is their desire to be tried severally.
Chief Justice Tindal (to Mr. Thomas)—You had bet-
ter state now for whom you appear, in order that we may
aseigi you as Counsel. You have not as yet been asstasigne for
`whom I am engaged as they come to the bar.
1 ChietieJustice Tindal—We should know it now, but lot
It be as you please.
Mr. Bellamy (fo Mr. Thomas)—Mention the names of
those for whom you are engaged, in order that you may be
assigned to them.
Mr. Thomas—lf it be not inconvenient to your Lord-
ships, I wish you to take a different course ; it is this, that
as each prisoner is called to the bar, your Lordships can
then ask him if he has Counsel, and if he has not, Counsel
can then be assigned to him. You will then know whether
the prisoner wishes to have Counsel or not.
Chief Justice Tindal--That can be done.
Mr. Thomas—l wish to state, my Lord, that I appear,
with my learned friends, for Mr. Frost.
Chief Justice Tindal—That we know nothing of now.
It is to another point our attention is directed.
1 Waters was then asked if he severed is his challenges ?
--He replied 'Abe affirmative.
4 Clerk of the Arraigns Do you wish Counsel to be as-
, signed to you?
1 Waters—/ shall state on my case being called on.
! John Lovell and all the other prisoners then said *at
they would sever in their challenges.
'the ,Attorney-General—The prisoners having adopted
.he course which they have just taken, and to which they
had an undoubted right, it is impossible for me to have the
trial of the prisoners jointly. I shall, then, vay Lords,
iret proceed with the trial of John Frost. The Attorney-
(Seneral thee desired that the Jury should be called over in
lilt presence of the prisoners.
Mr. Bellamy then called over the panel; one of the
1 'hit names galled was that of Thomas Evory, of Mon-
re ruth, to whom exemption was granted by the Court,
P"ssif being sworn, oft account of his age. A great many,
eel-vilely txot less than thirty, were fined 101. each for not
anasweeing ; even though in some cases it was stated on
is it:Zit they were sick and unable to attend. But the
..F • declared that they could take no such excuse, un•
Teen the Milan of the, parties were proved by pergo4s, who,
1 i"VA mead%) examination, could depose that the sickness
'e of to serious miscue described.
t Wet cite the mete of some of the persons summoned,
I r,,,- the*berpoes of showing how particular the Court was
ie this respect. Thomas Evans, of Abergavenny, victual-
;. , was fined 10/. on account of absence ; William Ed-
-seed, of Rednell, farmer, was eictesed on distinct proof
being given that he was very ill ; Jeremiah Trehaim was
excused on the oath of a witness that he was deaf. W.
I Ford, of Menmouth, farmer, on the oath of a witness that
he had not been able to walk for the last twelve months,
3 was excused. James Book, of Monmouth, was fined 10/.
for absence. Thomas floppies, of Monmouth, draper, and
Samuel Babbington, gentleman, also of Monmouth, claimed
exemption under the Municipal Act, as members of the
Town Council, and" the Court, on consulting the Act, al-
-1 lowed the plea.
John James, of Shereneuton, farmer, objected to serve
on the ground of not being qualified. He proved that his
rental was under 104 a year ; that he possessed no lease-
hold or freehold property, and that the house which he oc-
cupied was rated after the p•oor's-rate at 225. a year. He
was excused on the ground of non-qualification. Henry
Jones, Carmarthen, farmer, excused for the present, on
tile oath of the Under Sheriff, and production of a docu-
ment showing that he was bound over in recognisances
to attend at the Carmarthen Sessions on the Ist January ;
but with directions from the Court that no attendance
should be required if necessary after these sessions.
Thomas Jones, of Fayrfeed-par
of k,
the farmer, was next d
out.
An individual in the body Court cal,
.‘ Thomas Jones is dead."
A juror in attendance, whose name was also Thomas
Jones, exclaimed, " No, I am not dead ; I am here."
Mr. Bellamy—Who is that person who says that Thomas
Jones is dead?
The individual answered, I know he is dead, because I
was at his funeral.
The Chief Justice desired that the person should come
forward, which he did, and was sworn, giving his name
Voreas Foulor, of Ghrit Church, farmer.
The Chief Justice—What do you know of this person
being dead ?* Fowler-I-I know he is dead, my Lord,
i because I was at his funeral,
; It turned out that there had been two Thomas Jones's
at the time of the making out of the list, one of whom had
since died; the other was in attendance in the Court and
answered to his name. ,
Edward Kirby, of Chepstow, gentlemas,,wai fined la
1 for absence. John Lewis, of Caldreathossa excused on
1 the ground of illness, a person in Court having sworn that
be bad seen three dozen of leeches applied to his head and
i neck. John Matthews, of Portahewete, farmer, was ex-
s eased on the ground of lameness; and John Morgan, of
Christchukt, firmer. on account of his being blind, a
' statement fls that effect ha-ring been made on oath.
I Lord Granville Somerset, the foreman of the Grand
I Jury, here addressed the Court, and said all the grand
jurors are now present, my Lord. If you think it right
1 .re shall commence our duties.
Mrs Bellamy—Are there any bills yet ready ?
! Lord Granville Somerset:--There are as yet no bills be-
il
fore as.
i Chief Jostle* Tindal—Aye all the witnesses sworn?
T Jr?. Bellamy—Tine Crown Solicitor had better see if
i ,S ere are bills yet ready.
I Jessed Granville Somerset—lf there are bills ready we
) rxba better retire.
The Crown Solicitor withdrew to make the necessary
, :Nutriss,
' 'pl. calling of the Jury was again proceeded with.
:,,cruel Wlsettirews, of Chepstow, was accused on account
sf his being &lief constable ; Edward Morgan, of Nash,
.•-•riner, isatraxeneed on showing to the satisfaction of the
sesurt that he could sot hear the question put to him in the
esitueaa-box ; William Morgan, of Whitstone, was fined
AL ; Richard Morris, of Chepstow, merchant, was ex-
.used on account of his great age, being shove 60 ; Geo.
Vaughan Maddox was excused on account of being high
constable of Monmouth ; William Nicholas, of Twytree,
1 'turner, was fined 10/; Thomas Philpot of Abergavenny,
I merchant,. flood 10/. ; Thomas Barry Lloyndee was ex-
,used on the ground of his removal previous to the ser-
,ige of the summons ; William Prue, of Chepstow, pain-
• ~es, wee excused for the present on the statement of two
pergola, that according to their belief, he was confined
ise his bed, but that some positive evidence of the
, fact should be produced on a future occasion ; John
Pitt, of Chepstow, baker, was fined 10/. ; John Parker,
) of Chepstow, vieSualler, being more than 60 years of age,
was excused; James G. Powell, Monmouth, gentleman,
'• was excused, the susameniug officer having stated that he
' was deranged, and therefore the summons was not served ;
George Porch, of Rakfield, gentleman, fined 101., having
been present in the moraing, but subsequently gone
Lome; John Richards, of Abergavenny, victualler, was
excused for to-day. He has taken the contract for supply-
'rig the troops, of whom there were thirty at Aber-
:•,...venny, with meat, and 19k more expected to march
itn, to.day; William Powell, of Abergavenny, victualler,
W 2, swore, and excused on account of the alarming and
(sane srous illness of his wife ; the name of James Roper
i was shuck off the list. it being sworn that there was no
I person of that name, but that the name had been errone-
'L ously substituted for Prosser ; Edward Roberts, of Mon.
' mouth, gentleman, was excused, as being of the Town
1 Colleen ; Robert Evans, of Peynalt, farmer, was excused,
being constable ; Philip Stead, of Mitchell Troyan, ex-
cused, on account of its being sworn that be was nearly
sixty years of age ; John Tucker, of Abergavenny, was
sworn to a statement of his being dangerously ill; Wil.
liam Thomas, of Abergavenny, tailor, was excused, having
sworn that he did not live in the pariahs is which he was
named as an inhabitant ; the name of John Thomas,
s,.‘ Caerleon was struck off, on proof of the removal
of the individual previous to the sassing of the
sum,,aons ; the name of James Thomas was
struck enst—it being stated by the summoning offi-
cer that !he name of the individual was Thomas James
Thomas, and that be was not then present ; Charles Henry
Townsend, ef Portelewitle farmer, was fined 10/. for ab-
sence; Sydney Veruor was struck off, on proof of his re-
moval prior to the serail:a of the summons ; Water Wil-
es name, of Caerleon, was excused on the or dente of Thomas
; Jones Philiips, that be was summoned as 1 witness ; W
1-
ham ham Watkins, of Abergavenny, mason, was excused,, being
over sixty years of age; John Williams, of Abergastenny,
carpenter, excused on the ground of ill health ; Edward
1 Williams, of Lannaply, farmer, excused, evidence being
given of his being above sixty-one years of age; Mr.
I Watkins, of CSapertoo, victualler, eseused on account of
ironsediate and langerous inners; of his wife ; John we_
' '--ins of Tentern Parva, innkeeper, applied to be excused,
dins of
oee.auste be actually lived in Blannen, near where the
Chartists lassie ; not excused, because he was actually a
housekeeper in Tentern Parva, his wife residing there ;
linked Whitehouse, of Monmouth, ironmaster, excused
' Seeing is town councillor; Beavor Williams, of Monmouth,
-.; farmer. 'liaised, being upwards of seventy years of age ;
,ddrinuel Owynne Watkins, being chief constable, was
-4pused ; hum Williams, of Usk, gardener, being of•
1s tireteses with a. painful disorder, was excused ; Francis
Sous& of letitehett Troy, farmer, excused, being Above
rstaty - Bo bes Vmenotllh, of Dixon, gentleman, excused
gee soaks meson ; Thomas Hill, of Nwensnouth, ex-
• fo,-
led for shit swam cause ; George Morgan, of Gwehe-
es:2p _
' log, Nlairrteri fora day or two, his wife being
th, on the point
of continenSectse John George,
Mon butch
' excused, being above sixty ; JIIIIIO4 COlO, of Chepstow,
c!, claimed evemption because the house in which
fl he lived
was not rated in his name—exempted ;
William; aker, of
Christchurch,, farmer, excused—above sixt ; jaroes
Griffin, of Llangibby ; William Lewis, of Goldcilfs,
'i
farmer ; James Furney, of Monmouth ; John Hodges, of
Major, farmer ; James Roaehe, of Chepstow, victualler ;
William Miles, of Ragland, farmer, and William Follett,
N ,of Monmouth, farmer, exempted for the same cause.
l Chief Justice Tindal here remarked--,.The witnesses
i who .are to go before the Grand Jury had better he sworn.
i The officers of the Court proceeded to make the neces-
sary arrangements for that purpose, and the Judges retired
for tenaporacy refreshment. On their return,
1 The Attortesy-General said—l propose, with the sanc-
tion of your Lordsbips, now to proceed with the trial of
John Frost. I presnme the others may retire.
1 Chief Justice TindaL—There is no necessity for their

being present.
The Attorney-General—There is no occasion for the
others being present.
Chief Justice Tindal—Let them taste the other prisoners
out.
Mr. Bellamy (to therost. gaoler)— You ma remove all the
y
others except Joba F
Sir F. Pollock—M7 Lord, in consideration of the length
of time the trial is likely to last, perhaps Mr. Frost may
bo allowed a seat; your Lordships probably will permit him
to have the benefit of that indulgence.
Chief Justice Tindal (on consultation with his Learned

infer- 1 The Chief Justice conferred with his Learned Brethren,
Brethren)-Is there any inconvenience or personal in
and then said, °°lf the objection raised on behalf of the
mitt' which calls for such a permission ?
Sir F. Pollock-My Lord, if I had been aware that the prisoners had been opposed on the part of the Crown, I,
Court would require a direct and specific ground for ,he sitting here, should not have allowed the objection ; for
application, I should have been enabled to furnish ;our so far from being a real objection, it must be an advantage
Lordship with cases. to the prisoner, that the names should be arranged as
Mr. Justice Parke-What were the grounds in the eases they are. The Sheriff has a right to take the names
to which
Pe refer ? from the parishes fairly, and the Jurors are called in the
Sir F. Pollock-The length of time the trial was Ately order in which they stand in the list in the Criminal
to last. Court. Surely it cannot be any disadvantage to the
Chief Justice Tindal-What case was that? prisoner to have the names called over as the Sheriff has
Sir F. Pollock-My Lord, I don't precisely recollect arranged them, for it could hardly fall within any possible
the case ; but I think there have been cases in which the calculation of chances that names beginning with certain
probable length of the trial has been received as a sum- letters should be selected for any particular purpose. But
cient ground for an application of this nature. as there is no objection made by the Attorney-General, I
Mr. Kelly-Mr. Horne Tooke was allowed to sit near do not see any impropriety in allowing for this time the
his Counsel as a matter of indulgence only ; but that in- names to be called by ballot.
dulgence haying been granted, perhaps your Lordships The names were then put into a balloting box, and
would see no impropriety in granting the permission now drawn forth, one by one, by Mr. Bellamy, the associate.
The first whose name was drawn out, was Samuel Ball,
sought.
Chief Justice Tindal- I n former cases I believe there of Chepstow, v
did notictualler, who.
stood No. 9 in the alphabeti-
have been some allegation as to the personal infirmity of cal list. He appear
The next was Daniel Walters, of Redwick, farmer (No.
the prisoner.
Sir F. Pollock-In one of the cases. If your Lordships 304.) He was challenged by Sir F. Pollock, on the part
decide not to grant the application without authorities, of the prisoner, and set aside.
that would take up so much time, and be so inconvenient, The following were called successively :-
that I shall leave your Lordships to deal with the matter No. 119. John Jones, of Ilton Tameed he was sworn
as it stands, as I have not kept the cases by me with that as to his qualification, and having proved that he paid
rent to the amount of 1221. a year, he was objected to on
view.
Chief Justice Tindal-If any inconvenience of the the taut of th
We prilliiso avenny, victualler,
challenged. ner
of Aber
Crum .
slightest kind were alleged, we should grant the permission. No. 321. am p, g
Sir F. Pollock-My Lord, I made the application, con-
ceiving that the attention of the prisoner being occupied 41.
Oliver
iver
s, Chapman,
Ilton,h farmer of Cepstow, ;
merchant ; absent.
upon upon the matters which were going on before your Lord-
16. Jame of challenged the
ships, and which have already lasted some hours, would part of t
117. he
en prrisoner ; r
James,ental
Chep 501.
make some relaxation necessary. Hy of stow, butcher ; set aside for
Mr. Justice Parke-I understood you to ask that the
want of qualification.
43. John Daniel, of Abergavenny, haberdasher ; rated
prisoner might sit near his Counsel.
Sir F. Pollock-No, my Lord ; I merely applied on ac- at 501. a year ; sworn.
count of the length of the time that the trial was likely to 46. William Davis, of Llanga-Hock-righ-Usk, farmer ;
last, and I have since hoard that the prisoner has been ex- rent 801. ; challenged on the part of the prisoner.
tremely unwell while he has been in confinement. 44. Thomas Davis, of Abergavenny, butcher ;rent 211.
Chief Justice Tindal-That is quite reason enough- 145. Richard Lewis, of Lanvoir Diswed, farmer; rent
Mr. Justice Williams-It is the constant course to do so about 701. or 801.
when the prisoner is fatigued. 36. John Collins, of Christchurch, farmer; rent about
The permission of the Court was then granted that the 100/. ; challenged on the part of the prisoner.
prisoner should have the accommodation of a scat. He 37. Matthew Cope, of Caerleon, malteter ; rent 100/ ;
challenged on the part of the prisoner.
still, however, remained standing.
The officer of the Court (Mr. Bellamy) then proceeded 116. Edward Jones, of Caerleon, flour-factor ; rent
e than 100/, a year ; challenged on the part of the
ri to call over the panel, in order to the swearing of a jury morsoner.
for the trial of the prisoners. The first name called was p
that of George Adam, or Portskenett, tailor. 302. Charles Williams, of Redvvick, farmer ; 10/. free-
Sir F. Pollock-My Lord, before that name is called, holder ; challenged on the part of the prisoner.
I would beg to suggest a different order of proceeding. 148. Walter Lewis, of Monmouth, farmer ; rent
The panel is presented here apparently in alphabetical about 251. a year ; challenged on the part of the prisoner.
order, and I presume it has been arranged by some 149. James Long, of Lamachow, farmer: rent 200/.
one in that order industriously. Probably your Lord- a year ; challenged on the part of the prisoner.
ship will think that there is no impropriety in
.my 48. Rees Davies, of Chepstow, draper ; freehold, value
asking that the jurors who appear upon the panel about 1,000/. ; challenged on the part of the prisoner.
shall be indifferently drawn by means of a ballot, as is pro- 49. Thomas Davies, of Claepstow, gentleman ; 101.
vided expressly in all civil cases. My humble application freehold ; challenged on the part of the prisoner.
is, that that course may be adopted on the present occa- 51. Edward Davies, of Tintern Persia, farmer.
sion. If the list had been presented with reference to Sir F. Pollock observed that all these names came toge-
alphabetical order, I should not have made this applica- thor as they stood in the alphabetical list,
tion ; but as they appear to have been arranged in this Mr. Bellamy said it was almost impossible to separate
order industriously, I trust your Lordships will direct that them ; they filled the box so. He mixed them up as
well as ho could.
the names should be drawn by ballot.
Mr. Kelly-I don't know whether the Attorney-Gene-
Sir F. Pollock declined to challenge the Juror last
rat intends to object to that course. If any opposition of
called, whose qualification was a freehold of the yearly
value of 201., and he was then challenged on the part of
that kind was contemplated it might become a considers-
tion with your Lordships whether the interests of justice the Crown.
do not require that the names should be drawn by chance, Sir F. Pollock then said-The Court will not be sur-
ds
put into a box, or some other convenient means being prised at my objecting to the peremptory challenges on the
adopted, so that the different names might be drawn part oft he Crown. lam aware that it is a vexed ues.
one by one entirely by chance. I did not suppose that tion ; but inasmuch as the Court is now called upon(i for
the Attorney and Solicitor-General would raise any ob- the first time to put a judicial construction upon a new Act
jection to the course which has been invariably, indeed of Parliament, I should be wanting, I think, in respect to
which must be pursued in such cases, and gene- your Lordships, but undoubtedly in the duty I owe to the
rally, at least frequently, I ought not to say gene- prisoner at the bar, if I did not call your Lordships' at.
rally, in criminal cases. Although I must not sup- tention to the eosition in which the question stood on
pose or impute any intention of the kind, yet your Lord- former occasions. The present is not the statute of
ships will see, that if the practice were acted upon of the Edward I. The privilege of peremptory challenges was
names being taken successively from an alphabetical list, it granted to the prisoner, but denied to the Crown, by the
might be made the erteelof an unfair and partial selec. 33d of Edward 1., c. 4th, which was re-enacted word for
tion. The prisoners n, have no control over the pre- word, with the exception of one syllable. In substance,
paring of the lists from the body of the county. The however, I must admit that it was re-enacted by the 6th
providedned C outbneset,l
itoheenlip inquests
to read the Sheriff, or whoever it is that prepares the lists and sum-
ofEGeorge
whichh
eL
ueenattiso
o t e e
d, be taken
whereinbefore
the
mons the Jury, or causes them to be summonesde, mightnames
tion
sec-
very easily make a selection of persons who
begin with the earliest letters of the alphabet, who are any of the Courts thereinafter mentioned,
known to entertain particular opinions, and whose judg. King should be a party, those who sued in the name of the
cause to be shown, anal ments, at all events, might not be above suspicion. King should only challenge for
Your 'Lordships will, lam sure, agree with me that it is that the truth thereof should be tried according to the cus.
of the greatest importance in all trials, but especiclly in , ton of the Court.)
a trial for the highest crime which can be committed My Lords, lam aware that, for a long series of years it
in this country, that the administration of justice and has been considered to be the practice, and therefore, to
every part of it, should be entirely above suspicion. It some extent the law, that the Crown might postpone as
is quite obvious that the number of challenges to which signing the causes of their challenges until the panel should
a prisoner is confined being so limited by law, they would be gone through. Bu
lit, my
the Lords, what is the e
would b
effect of such
probably be exhausted before the three or four first letters
a practice in a panel ke present ? The t e 1
of the alphabet were got through, although lam fir from suck as I think must alarm every person who supposes there 1
suspecting any improper motive on the part of those who
is any safety in the statute of Edward, or any benefit to the
subject and the country from that statute, or from the more
prepare these lists, or any intention to cover, and so to
defeat the prisoner's challenges by beginning with the
modern statute commonly called Peel's Jurors' Act.
At a time when a small number of persons only
early letters of the alphabet. Yet the mere possibility of
so great an injustice would leave a case open to some sus- were wont to be assembled on occasions like the
picion ; as the matter is entirely at your Lordship's dis- present, and when the panel might probably exceed five or
cretion, and as it must be perfectly immaterial to the law six complete juries, the effect of postponing the assignment
officers of the Crown, whether the names be all put into of cause by the Crown would probably have very little in-
a box and drawn by chance, or called alphabetically, 1 fluence. My Lords, this is a question not connected with
hope they will not press or persevere in the objection. anything but the profession to which I have the honour to
If, however, they do, I still trust that as it is a matter in belong, in conjunction with your Lordships ; and I beg
question any, consideration, I have had but
your Lordship's discretion, the Court will be pleased to leave to say, that, from the earliest time I ever gave the
Theretimesne felling
er
le old.n
t o
direct that which is in itself but just and reasonable,
and which will remove from the administration of upon it, and I feel it to be my imperative duty to take theg
justice all the possibility of the remotest suspicion. I very first opportunity that presents itself, of calling the at-
have ventured to offer these suggestions to your Lord- tention of the Court to the monstrous injustice which
ships, and I hope the officer of the Court will be directed would be perpetrated, if this statute, recently passed,
the
of same
tthe
construction
present
panel.es i n
to take the names, not alphabetically, but by chance as they wereiAook toet receive
the
extent
' they may appear. be drawn from that box 240 names-at least as many
The Attorney- General-I am far from disputing the as
that. The challenges for cause on the part of the. •
authority of the Court to direct that the jury shall be
coupled with the 35 peremptory challenges to wphniscohnehre
selected in any manner which may be conducive to the ends
is restricted by the law, can hardly be expected to exceed
of justice ; and if your Lordships should be of opinion
the number of 50. Deduct 50 from the 240 names in
that, for the first time, juries should be selected by ballot,
that box, and 190 remain, and the Crown will have a
I shall respectfully acquiesce in your decision. That is a
right, by postponing, of assigning the cause for its chat.
matter of vital importance, and whatever judgment your
leneee in effect to select from out the remaining panel
Lordships may pronounce upon it, I shall receive with
those 12 men out of
the 190 who shall be thought the
entire satisfaction ; but from the 7th of William 111. to
most convenient; for I don't know by what name the pro-
the present day, the form of proceeding now proposed
seeding must be termed. but I presume I mist call it most
has never been adopted. The course has always been
convenient for the administration of justice. The law
to begin with the names which stand first on the list, and
officers of the Crown would thus obtain the , right out of
to proceed with the challenges on the part of the prisoner
the 190 to select the identical 12 men whom they had pre-
and of the Crown, in proper form. These proceedings . If such ' ed:ng do not
1 ly fixed upon. a course or proce
have taken place before the most constitutional Judges,
"ugthe law officers of the "rown the meanteef packing a
and when the prisoners' advocates have been men of give
..
know
not what does. And is it not tohe deemed a
the first eminence, name, and character. The rule Jury, I
;i icethe: the Crown should at once take the
came down to us in the manner I submit. The ground monstrous injustice 1
prisoners' challenges are ex-
for this novel proceeding in cases of treason seems to be 190 names, and sayllt re
for cause, but he must
that the jury list is alphabetically arranged ; but I say hausted ? He may cha enge, indeed,t.
p ng. our assignment of
at once assign, and we, b
that there is less necessity for a ballot on that account than y postponing
- oul'ndiv'duals out of the
cause, will take precisely those 12 i i
in the usual case. I never saw the list until I came within
the walls of this Court, nor was I aware that it was ar- remaining 190 whom we have fixed upon. What means
Ipacked e I
ranged alphabetically, until my Learned Friend ( Sir F. has the prisoner of escaping from a Jury
thetme
on
this
Pollock) pointed out that it was made out, not indeed do not presume to accuse the officers of Crown
.t.
strictly alphabetically, but that is its principle. This occasion of seeking to pack a Jury
through the exercise o
shows that there has been nothing like selection in the this power ; but your Lordships will remember
that the
ff has submitted the names. law of England knows no distinction between what may
manner in which the Sheri
There has been no challenge to the array, and the return
be
.done,
res that no and what p ersons ma
able of such an abuse shall be en-
y choose to do. The law re-
must therefore be considered to be a fair and impartial qui power cap
return. Is there any reason for departing from the usual
trusted to the officers of the Crown-a power which
course? If the Court is of ()Pinion not merely that the amounts to a practical repeal of the statute, and not only
list was not a fair and impartial return, but even that it was to that, but which gives to the Crown the power of pack-
not above all suspicion-if any suspicion could attach to ing the Jury, and trying the prisoner with any twelve.men
the usual course-I should at once concur in the proposed out of 190 whom it may think fit to select. My Lords,
change, arid consent to depart from the common rule ; the appeared to be so monstrous to one Learned Judge,
and unless some reason be assigned for such departure, I that he considered h was in the discretion of the Court to
submit that it would be inconvenient to depart from the interfere with it, if the Court thought it right to do so.
established practice ; we should be travelling out of the I will refer your Lordship to the case of Harding, in the
usual course, and we should sot know to what deviation it year 1790, in the 24th vol of the " State Trials."
might lead us. [The entrance of the Grand Jury here interrupted the
Sir F. Pollock-Perhaps your Lordship will permit me Learned Counsel. A true Bill was brought in against
George Tomlins, for a riot ; no true bill on the first count,
to state that, as far as my memory serves, I have looked
over former pannels, and I find none of those which I have but true bills as to the second and third counts a ainst
Edmund Richards and Thomas Lewis, for a cOnsgirac •
looked over arranged alphabetically. I am not prepared
to say that that has never been the case, because my im- and riot ; and a true bill against William Shellard,P 3
for a
pression is-and lam bound to state it accura.ely when I conspiracy and riot.]
am making a statement to your Lordship-that on one cc- Sir F. Pollock resumed his
casion, and one only, the li-t was alphabetically made out. Horn Tooke, •
Chief Justice Tindal-What case was that ? state
The Solicitor-General-If any, it was the case of calling over
Brandreth.
Sir F. Pollock-My Learned Friend says, if any, it was
the case of Brandreth. I believe that was the case.
Chief Justice Tindal-That was a Derbyshire case.
Sir F. Pollock-It was in October, 1817, I believe.
Mr. Justice Williams-The persons called there appear
in the book, and their names do not appear alphabetically, his
argument. At the trial of
Horne in 1794, Lord Chief Justice Eyre made 1
merit to this effect, and stated whilst the- ' panel was
for the purpose of forming a Jury. At 25
of the report, Mr. Tooke
Crown objecting without p.
. made an observation on the
assigning cause. They had
gone through thepanel, and it then
was objected that the
Crown ought to assign cause for chall
that the prisoner oughtnot
challenges enges and
till to be called to make
the Crown had challenged, for
cause. Tho Lord Chief Justice said : " I '
Sir,F. Pollock-Then my Learned Friend was wrong in Counsel has advised you very properly think your
not to resist the
the case. In every case that I have looked into from chalks from the C ges Crown ; and why those challenges are
the persons objected and those sworn as jurors, it is taken, so far as legal history affords us any light, the
is
obvious that the names were not arranged alphabetically ; course is clear. The Crown • entitled to no peremptory
and I presume that the Under- Sheriff took them bl proba y challenge, but the course is that the Crown may challenge
by lot, or in some other way, but not in regular order. as the names are given forth, and not show cause till the
p
In the cases of Hardy, Horne Tooke, and Brandreth, panel is gone through. That is the course of r i
proceeding
it was so. In the case of Crosafield the first juror was which use has established, and I take it tbe the laweding
o
Shelton Ray, the next Johnson, then Anderson, and so the land. At the same time, 1 feel that the circumstance
on. Here we have a list of 318 jurors. Already by going that it has become absolutely necessary
tobavoayss
through the panel a number has been struck off-between more numerous panel than in ancient times, might give to
70 and 80. We have left 250 or 2411, and your Lordships the Crown an improper advantage arising out of that mode,
will perceive that if this course be pursued on the present and whenever we shall see that improper advantage at.
solemn occasion with the thirty-five challenges, without tempted to be taken, it will be fin- the serious considera-
cause on the part of the prisoners, and the small number tion of the Court, whether they will not put it into some
which they may make with cause, and with the twelve who other course, to prevent that advantage being taken ; but
shall be sworn on the Jury, we shall hardly dispose of Ido not perceive that there is any complaint at all as to
more than fifty or sixty of the panel. In consequence of the exercise of that power in the present instance. How
this, the Court could hardly get through even a small por- many have been challenged on the part of the Crown ?
tion of the alphabet-certainly not half. Now is this to be -Mr. Shelton (clerk of arraigns)---Seven. Lord Chief
the course? Is the Sheriff to return alphabetically every Justice Eyre-Therefore it does not appear to me that
gentleman iii the panel, or is he sometimes to begin with any improper advantage has been taken..-Mr. Tooke-
the letter A, sometimes with 13, sometimes with C, and Seven is a majority of my Jury.--Lord Chief Justice Eyre
so On? The present course would shift from those whose -But no improper advantage has been taken. The
ile
names begin with the latter letters of the alphabet, the he when the panel is gone through, if there be not a suffi-
burden of the duties of this Court, and these duties are cient number left, then the Crown must show cause."
much more important and more onerous than those of the Now, my Lords, with great deference to your Lordships,
ordinary assizes. I had thought it probable my Learned I conceive that this practice commenced at a time when
Frieci.d would have acquiesced in my application, other- a deference was paid to the Crown on occasions of this
wise I should have been better prepared to address your description which the law does not warrant, and which
Lordship in support of it; but my Learned Friend 'air. the Acts of Parliament passed on this subject were in.
Kelly, has so well stated the justice of the case, that it is tended to prevent, especially the statute of Edward 1.,
unnecessary for me to add more than that the rights et now retracted. I am not disposed to run over the various
the Jury call for the adoption of the course, which ,I re- matters in the history of our law, which I am sure must
ject. The freeholders of the county have a right to be present to your Lordehips' minds, wherein the Crown
say, " Let not the burden be cast upon us-let the has had advantages from time to time, it is exceedingly
painful and onerous duty be shared amongst all." My difficult to know why. Your Lordships know well how
\
humble application to your Lordships, therefore, is, that at length by successive acts the subject has been at last
you will direct the names of the Jurors to be drawn by bal- placed upon an equal footing in point of rights, in point of
let, and I understand that arrangements have been made means of getting abler witnesses,
matters swearing them, allowing
to that effect, if your Lordships, with the view which you them to be called,
.S:c., all which were considere
may take of the subject, should order it. I may mention tope at , one time by our Courts as a most intolerable prac-
that every one of my Learned Friends near me has looked tice, and founded on no law. It is the more needless
into the cases since I have been addressing your Lordships,
to remind your Lordellips of these matters, because
I and they cannot find a single instance of the list of jurors they have n„ long passed hey ; but it is not amiss
•alphabetically arranged. The consequence en_ to remember that these privileges granted to the
being be an artificial and Crown arose out f feelin that because th n
doubtedly is, that the present must . f
h S • oaintroducedin record, e me
,and I seek to dis- 0 t e overeign is
natural arrangement of the
not a.
dthat the names shall be selected without role- Sovereign has, therefore, some personal or public interest
turn It; an
in the alphabet. -es if the Soverei e could have any interest beyond or
to the order in which they may stand, . g
rence'n that alone besides the justice of the case. Your Lordships know
I trust your Lordship will think row
1 y
din so impsrtant . that formerly the foundation of the rule which refused
can full satisfaction be given in a prove° g
Counsel to a prisoner, was because it was held to be con-
and momentous as the present. .
_ __

Lrary to the allegiance which was owed to the Crown to 1 When was it begun ? When the man had the book in his ITI LE
appear against it in any case where the Crown was a I, ham' ;•
when the words were begun to be pronounced, as I
patty ; as if the Crown had an interest in the guilt of a I, in a less important case it was decided that it was twelve
prisoner, instead of having the highest interest in . o'clock when the clock commenced !striking. Here the
giving him every possible facility to 'wove his innocence. man had laid hie hand upon the book—there might be
On these grounds, then, I submit my objection to your mistake on the part (:)-' the officer; but still it was too
Lordships. I promised your Lordships not to indulge in a I late ; and in this case the challenge for the Crown ought
long argument, but I should forget these opinions and not to be allowed ; as in that case, it was refused to the
views, which more than one of my Learned Friends around , prisoner, because the oath had been begun to be sworn.
me at the table know I have long entertained, if I did not i Chief Justice Tindal observed, that this was a mere
represent, though in the shortest, yet in the clearest man- I question of fact, and it was one to which their attention
ner that I am able to show your Lordships, that the Act , had not been so distinctly directed that they could decide
of Parliament passed in 1835 is now, for the first time, to I between the parties. He must then call upon the officer
call on your Lordships to pronounce that the ancient prac- to say how the fact was. He then asked Mr. Bellamy whe-
tic.. was founded on a deference and a species of courtesy I ther he had authorised the party to take the book i
to the name of the Sovereign, which it is nu part of the Mr. Bellamy replied, that he had no recollection of
prerogative to demand, and no part of sound loyalty to having looked to the Attorney-General for his assent or
yield. That defs-tence is a constitutional deference. dissent. He had no recollection of any such thing.
I submit therefore to your Lordships, that the smallest I Chief Justice Tindal then remarked that Mr. Bellamy
practice which prevailed was founded on no constitutional I was the proper officer of the Court; and the fact was not
law, but is in fact, if it be carried out, a practical re- I sufficiently made out to justify them in believing that they
peal of that Act of Parliament which was considered to ought to interfere. The words were, that the challenge
be law, since the 33d year of Edward 1., and which has I was to be made to the Juryman as he came to the book
never been re-enacted by Peel's Act. I submit to your to be sworn, and before he was sworn. It was evident
Lordships that you are now called upon to put a construe- that it was supposed that those acts were to be simulta-
non upon it by my Learned Friend, which it ought not to neous. But then if a Juryman of his own act, and
bear, and which will be fatal to its spirit and intention, and his own accord, took up the book, was that to
which will practically give to the Crown that power of to take assay the right of challenge from the one
peremptory challenge, which the Act itself expressly de- side or the other ? It appeared to him that before
,tics to the Crown. Your Lordships will, lam sure, see the Juryman took the book, either party could object
Piet there is nothing in the statute itself to authorise such a to him. But, then, was it to be left to uncertainty—to
practice, but the contrary ; and I trust that your Lordships the act of a man not authorised by the Court, but from
will pronounce it to be a corrupt practice, founded on no his merely laying his hand on the hook, that they were to
I.e.v, nor on the judgment of the Learned Judges of the I take from the prisoner and the Crown that right which
lend ; and on which, therefore, in accordance with the the law gave them. He thought not, and therefore the
Opinion of Lord Chief Justice Eyre, it is within your objection made, and which referred to the point of fact,
Lordships' discretion to control. In pursuance of these could not prevail. As to the former question, the question
views, I humbly ask your Lordships to call on the law of law, they were now called upon to place a construction
officers of the Crown to disclose the cause of their challenge, upon the statute of Edward 1., in direct contradiction to
Mr. Kelly followed on the same side. I should hesitate that which prevailed at the very time that the statute
to trouble your Lordships, after the opinion of my Learned had been enacted, and which had ever since then been
Friend ; but i feel this to be point of so much importance adhered to ; they were called upon to do this in contra-
of the highest constitutional importance—that I feel it diction to all that had been done by their predecessors.
my duty also to call our Lordships' attention te the terms Where, then, would be the certainty of the English law-
-the express terms, of the recent statute which my where the safety of the prisoner, if the Judge, called upon
Learned Friend has quoted to your Lordships, and on to act upon his own discretion, were, without looking to the
which I also contend that the Crown has not the power wise men who had gone before him, and for the first
which the officers of the Crown now claim on its behalf. time, being called upon to place a construction upon an
If this power be admitted, there is no extent to which ancient Act of Parliament, was to differ from all who had
it may not be carried—that of allowing the Counsel for gone before hint? Even by the language of the clause in
the Crown to select the jury they please out of a panel, the recent statute, which had been referred to, it would
however numerous it may be. I call your Lordships' be found that it was no unfair or improper conclusion
attention expressly to the words of the statute, because to come to, to say that the Crown was not called upon to
those words constitute, I apprehend, the sole authority make its challenge until the panel had gone through. As
on which your Lordships can deal with this statute, to the words relied upon by Mr. Kelly, all they meant was
ainlidacbkesctoanuese_,i; affords an unerring rule for its own that the judgment upon challenge should be in the discre-
constsuction. The Act which preceded it, and which time of the Court. if any inconvenience was felt from the
is re-enacted by it, is thus referred to by Mr. Justice present construction of the statute, and the practice es-
It is said this privilege of peremptory tat-dished, the Legislature must alter it. They, the Judges
challenge, though granted to the prisoner, is denied sitting in the Courts could only administer that law which
to the Crown by the Statute of 33 Edward I. s. 4, which was established.
enacts that the King shall challenge no jurors without Judge Parke said the Court was satisfied that in this
assigning a cause certain to be tried and proved before case tne Crown had interfered when there had beets an
the Court." Mr. Justice Blackstone then goes on to unauttiorieed taking of the book. He thought, however,
point out the practice Now, my Lords, as far as these that it would be much better for the future if the officer
lAiucmtsbealronoef enactedapreerceomnspitdosrlyedc,hiatiliesnges, as clearly as pus- who sat under there should ask each party whether they
sihlesbaii thhaavtethenopnreiso; nearnidu hciegrhtatirnelaysoitn shall have a certain challenged or not ? He remarked, that the clause in the
butin ustthatsutrherisCereawnl AEcdtwarredterir.ed
Asto wteastdhierecetplyinieconpieefd
Cfrohmief t.litnestsiteaetuEteyroef,
one, whether a lawyer or not, to find that so fari
which had been alluded to, he did not think it was correctly
from that law being strictly observed—so far from the laid down.
prisoner having this valuable advantage expressly given Judge Williams briefly expressed his concurrence with
tai him, and denied to the Crown, the statute should both his Learned Brethren on the Bench, upon both points.
be thus evaded, and disadvantage given to the The ballot for jurors' names was then resumed :
next
other side by permitting the law officers of the Crown Edward Buttell, of Mitchell Tory, farmer,
was
to challenge any juror, and to defer assigning called, and no objection having been made on either side,
cause till the whole panel is gone through. If this prac- he was sworn.
tics is to prevail, it gives to the Crown so many peremp- John Linus, of Abergavenny, was challenged on the
tory challenges so long as twelve jurors be left on the part of the prisoner.
panel, however numerous it may be. The Learned Counsel Thomas Swift, timber merchant, Monmouth ; Thomas
then proceeded to contend that the practice which had Iles, of Tintern Parva, farmer ; and Charles Hale, of
arisen in former times when panels were much less mime- Nash, farmer, were challenged by the Counsel for the
roue than at present was not productive of the same effect, prisoner.
and, probably, it was a mere matter of convenience at the There was no objection to James Hollings, and he was
time, just as if their Lordships had requested his Learned accordingly sworn, as was Thomas Jones, of Greathouse
Friend to postpone his observations until the juror had Nash, farmer.
withdrawn, and therefore would be most properly super- William Jones, of Nash, farmer ;
James O'Hare, Mon-
seder' when instead of convenience it produced inconve- mouth, grocer ; John Roberts, of Shirenevvton, miller ;
Mance, and what was worse, deprived the prisoner of and Richard Reese, of Rockield, farmer, were objected to
thete,_zr
now left
which the statute had secured to him, and by the Counsel for the prisoner.
transferred from him the advantage to the side of the Edward Reese and Edward Smith, not being objected
Crown. Besides, by statute 6th Gco. IV., c. 50, it be- to. were sworn.
came no longer a question of construction, but was a mat- Rees Prosser was excused on account of ill health :
pleofstestoofthine
jirusLticoerd, ships' own discretion. The 29th James Rosser, farmer, of Penhaw ; John Reece Mister, of
section, which referred in the margin to the 33d Ed. 1., Lamnartin ; Isaac Hurcan, butcher, of Chepstow; James
left it expressly to their decision. The Learned Counsel Powles, farmer, of Ragland ; Thomas John, farmer, of
thenii dwelt on the dangers that might occur by placing power Nash ; Edward Williams, farmer, of Landervenny ; Crad-
Crown
to such abuse in the hands of the officers of the dock Gwynne Watkins, farmer, of Langwrn Ucha ; Wm.
m any successive statutes hsenddttesartli
and for, though no one could suspect the Honourablo James, farmer, of Goldcroft ; John Bewett, victualler, of
.o,,ffie .uciaelaronniedceAth;tetoarninndesytre-uoGinneneral of using such a Power for Abergavenny ; Samuel Churchill, gentleman, of Lien-
ma v instances what oceans
irtintitisyggtogrolytefhdethhtaoodosoebbjproved, in too Nowell ; Philip Bennet, farmer, of Penhow ; Jas. Young,
shed through ' of innocent blood had been innkeeper and farmer, Christchurch ; and William Henry
big the privileges of the Crown, and extending
statute, wacditihnno,gowhf ehtalhibdaorisiti
those
gaaoot.f Jf:anri tiGtteih.isee,t
prisoner.a n, n e ofr,, Caerl e o n , were objected
part
oc ofotpneer, ,
prisoner,
Ab e r
bvnetn nwy,
a,
prisoners, was challenged
anloletnogbejdecbteydthtoe
he trusted that their Lordships would hesitate Crown, as was William Styes, farmer, of Langaply.
to throw the weight of their authority into a scale already Joseph Waters, farmer, of Nash, was challenged for the
too powerful, but would require the Attorney-General to prisoner.
assign the cause of his challenge, and, in the words of the Christopher John, farmer of Redrack, was not objected
" proceed to try whether it be true or not after to, and was accordingly sworn, as was William Williams,
their own discretion." The Learned Counsel proceeded farmer, of Langattock, nigh Usk.
also to object to the challenge of the Attorney-General in George Adams, tailor, of Portskewitt, was challenged
ration to the present juror, because he had taken up the by the Crown.
iLsae'sart'o9o late. hook after having gone through his examination as to his Joseph Coles, cordwainer, of Shirenewton, was struck
qualification a second time to be sworn as a juror, which, off for want of sufficient property qualification.
according to the decision in the case of Christopher Charles Boucher Howells, corn-factor, of Abergavenny,
Sir Frederick Pollock here announced that the number
e.IV., 16 vol. Cobbett's State Trials, page 135, was challenged for the prisoner.
The Attorney-Generel denied the fact.
of challenges allowed him was exhausted.
Mr. Kelly had not witnessed it himself ; but he stated John Richards not being objected to by the Crown, was
the facts as detailed to him by others in the Court, and sworn.
their Lordships could easily ascertain the matter of fact ; Thomas Lewis, farmer, of Whitson, not answering to
but he trusted the first objection which he had made his name, was fined 101.
would be admitted by their Lordships, and consequently David Davis, farmer, of Ragland, Isaac Williams, sad-
save them that trouble. dler, of Usk, William Jones, tailor, of Abergavenny, and
Chief Justice Tindal wished, he said, first to hear how Charles Charles, innkeeper, of Tintern Parva, were chal-
, nood the matter of fact—what, inquired his Lordship, does longed for the Crown.
the offieer say ? John Capel Smith. not being objected to by the Attor-
et:itn,;ltir,y.teifmeoAireat.titiohirinnecy(the crier) replied, that the book was ccr- Ile) -General, was sworn, and the officer of the Court an-
teirly in the hand of the juryman. uouneed that the requisite number of Jurors were sworn.
And Justice—At what time? Mr. Mullion—The se- The following is the list:—
John Daniel Edward Reese
Edmund Smith
r-oGwenn eror almsaaki de
anythat
ethlaaellreen
gwea. was nolf.
aop jury_por- . Thomas Davies
Richard Lewis Christopher John
atom were by any accident to lay his hand on the book, and Edward Brittle William Williams
thet without the authority of the Court, that could not be James Hollings John Richards
eiinsidered as a sufficient reason why the prisoner should Thomas Jones John Capel Smith
be deprived of his right of challenge, nor could such acci- The Attorney-General them addressed the Court, and
(kept be made use of, as against the Crown. remarked that the hour was then a late one ; he was
Chief Justice Tindal (to Mr. Bellamy)—Do you re- anxious to pursue the course which would be most con-
member whether you desired the Juryman to take the te nient to the Ceurt, and wished to ask their Lordships it
book ? lie should proceed to open the case?
Mr. Bellamy— I had not directed hint to take the hook. Chief Justice Tindal said it could hardly be expected
Sir F. Pollock—The officer had given the book. Your that he should be called on to open the case at that hour ;
Lordship's officer is the officer of the Court. but it would, perhaps, he better that the Jury should hear
Mr. Mullion-1 understood Mr. Bellamy as having au- the charge read now.
tliorised me to administer the oath, and 1 was about to ad- The Attorney-General having assented, the first count
minister the oath when I was stopped. of the indictment, and the substance only (with the con-
Chief Justice Tindal—The language of the Courts upon sent of Sir F. Pollock) of the second and third counts
this point is, that the objection is to be made as the Jury- acre read.
ni:n comes to the book, and before he is sworn. That Some bills were then brought down from the Grand
eas laid down in Darley's case. Jury, found against Henry Harris, Isaac Davis, David
Judge Williams—ln Darley's case the oath was cos Williams, Charles Bicknell, James Moore, William Hat-
rn
inenced. turd, and
Thomas Ball, for conspiracy and riot.
The Attorney-General—Chief Justice Abbott laid it The Clerk of the Arraigns then said that to the indict-
doe n, that the proper moment to make the objection was meats which he had read to the Jury, the prisoner Frost
b, fore the juryman began to be sworn. The challenge is had been arraigned and had pleaded " Not guilty," and it
in time if made before it is began to be administered. was now their charge to inquire into the truth of that plea.
Sir F. Pollock—But what is the beginning of the oath? Chief Justice Tindal then addressed the Jury, and said
Is it that the words are commenced being spoken, or is it that he was sorry that the purposes of public justice re-
et the time of taking the book in hand ? quired that they should be kept absent from
their friends
Judge Parke—The difficulty that the Court feel here is during the trial. The Sheriff had, however. taken al!
net as to the first point of law, but it is as to the matter of pains in his power to render them as comfortable as pos-
sible, and two bailiffs would be sworn to attend on them.
fact.
The Attorney-General remarked, that the officer, Mr. Two bailiffs were accordingly sworn for thie purpose.
Bellamy, said that he had given no authority for the oath Sir F. Pollock then applied to the Court to allow ac-
e ,f liacnetri
re
ce
as
ss
0,
nb
ay b tl
eh e h prisoner'su rs ; a
n d
aft t i wrn nsal
inedac onuei
ii
Itive
el
r,
staot i
nhni m, i t a
wall i
1-f; ersi ittglenakdemdi ntoi sttehreedp.r i
snTnleteesp rca cotni cues e
iwfaosr.
a that
to the Counsel for the Crown ; so that each had a arranged that they should have access to him at any timethe
pretended that any such form had been gone through on night.
after seven o'clock in the morning, or before ten o'clock at
toll opportunity for making his challenge. Could it be
the present occasion? Here Sir F. Pollock did not make A Juror here complained of illness, and that he would
his challenge ; but was the same opportunity given to the be seriously injured by being confined.
Crown ? Certainly not ; and yet, now that the right was Chief Justice Tindal said that this complaint should have
exercised by the Crown, since the reign oh' Edward 1., an been urged before; but he would have attendance, and
te tempt was made to take from it that which it was fully beds had been prove by the Sheriff for the Jury.
..
entitled to exercise. The Court adjourned at half-past five o'clock .
The Solicitor-General observed that his attention had o'clock to-morrow morning.
been alive to what was passing, for at that moment the
Attorney-General was communicating with another person,
he himself had his eye upon the juryman at the time, and
he could say positively that no appeal had been made to the
Crown. He appealed to the Under-Sheriff, who was beside
blurs at the moment, to say whether or not his observation
was not perfectly correct, His idea was that the juryman
came upon the voir dire to be sworn, and that he retaineal
d
iaede the challenge. Ile could net resist saying a word
upon this particular point. If there was any one point on
?,hich their Lordships should be most cautious, it
time book up to the moment that the Attorney-Gen
er
would be in deciding in favour of the objection which
sit made upon this point. Let his Learned Friends look
how such a decision as they now sought rm h
fo
igt be made
to operate against the prisoner. Would they wish that in
a future case the mere accident of a Juryman, without
being authorised, placing his band on the book, should
deprive a prisoner of his right of challenge ? There
should be the judicial acknowledgement of the Juryman—
the fact ought not to be made dependent upon an accident.
It was not by an accident that the right of the Crown, or
,t. the prisoner, ought to be decided. Unless Mr. Bel-
lamy gave the opportunity to his Learned Friend, as well
..,s to the Counsel for the prisoners, to make their chal-
lenge, the present objection could not prevail.
Sir F. Pollock remarked, that as the Court did not call
his Learned Friends to reply to him upon the point which
lid been first made, he shopuld say no more about it. His
Learned Friend (the Solicitor-General) said they ought
not to be so strict with him, lest lie should be as strict with
them. That they must take at their peril. But they now
felt bound to resist the Crown, when it was attempting to
do that for which it had no right. The facts were these
—the Juryman took up the book to be sworn upon the
voir dire; he declined to challenge, and then there was
abundance of time for the challenge to be made. He could
not see whether Mr. Bellamy
looked at the Attorney-Ge-
neral ; but this he saw, that the Juryman had the book in
his hand and was about to be sworn, and then a suggestion
came from behind.
The Solicitor-General assured his Learned Friend that
there had been no suggestion. He knew perfectly well
what was to be done,
Sir F. Pollock continued by saying that the officer had
then called upon the party to take the book. It was not
until the book was in his band, and the officer about to
pronounce the oath, that the challenge was made. It was,
then, under these circumstances, that he protested now
against the practice being different from what it had been
upon former occasions. In Darley's case it was decided
that the moment the oath
was begun to be administered.

nine

NEW AND CHEAPER EDITION OF THE
" DIARY OF THE TIMES OF GEORGE IV.—A 3
cheaper
edition in post Bvo., of the concluding volumes ( and 4)
of this remarkable, and we may now say celebrated,
wort, has just appeared. The reduction in price will,
no doubt, greatly increase the alread) large sale this
production has met with, for however much the authoress
or editress may be decried for her private disclosures,
there can be no question that as a faithful picture of
the doings of the so-called " Great," the book is with-
out a parallel. The third and fourth volumes, in ad-
dition to the " Diary" matter, contain a series of
sketches of the most remarkable political characters of
the Regency of George IV., and the numerous letters
and anecdotes of Scott, Maore, Gell. Lewis, &c., in-
-1 terspersed throughout, render them in a literary point
of view, even more attractive than the earlier portion of
the work.
DR. PYE SMITH.—Many of our readers will
be pleased to hear that this eminent scholar and theo-
logian is expected to pay a visit to Oxford to supply the
pulpit at George-street chapel next Sunday. The Doc
tor is theological tutor at Homerton College, and
author of a celebrated work on the Scripture Testimony
to the Messiah, well appreciated by all Students in
Divinity.—Oxiord City and County Chronicle.
A SUBJECT FOR THE NATURALIST.—At
King's Pion, in this county, is to be witnessed
traordinary phenomenon of a cat tenderly nursing and
rearing a nest of young rats. The cat was deprived
of all her kittens, when she adopted as her proteges this
strange opposition to affinities. The young rats are
perfectly tame, and are to be seen running about the
room apparently perfectly reconciled to their condition.
—Hereford County Press.
OUTRAGES.—Within these ten days several
unseemly disturbances have arisen in the village of Milo-
gavie and neighbourhood, in consequence of a number
of stout fellows going into peaceful dwellings, with their
faces blackened, and demanding money from the in-
mates, which, in consequence of the terror they excited,
they have in some instances been successful in obtaining.
We hear that several cases of sheep-stealing have oc-
curred in the same district, and that intelligence of these
outrages have just been communicated at several county
and city police establishments.

MARKETS-(YESTERDA

(From the London New Price Current of 31. )
SUOAR.—The Gazette average price is now 37s 71,1,
in 1838 it was 35s 10d, and in 1837 41s 4id. The stock
of British Plantation Sugar is now 31,768 hhds and trs,
which is 3,538 more than last year at the same period. The
stock of Mauritius is 52,309 bags, being 2,049 more than
last year. The stock of Bengal is 83,185 bags, which is
16,851 more than last year. The delivery of British Plan-
tation Sugar for the last week was 1,457 hhds and trs,
being 52 more than during the same time last year. The
delivery of Mauritius was 3,064 bags,which is 771 more than
last year. The delivery of Bengal was 1,245 bags, being
358 more than during the corresponding week last year.
REFINZD.—The grocers have purchased Refined Goods
to a fair extent during the last two days, and have paid
76s 6d for standard lumps. In Pieces and BaEtards there
has not been much business doing, but prices have under-
gone no variation ; the better kinds are the most in request.
Treacle has been in good demand, and prices have advanced
to 31s 9d to 82s for common ; in the best old make sales
have been made at 35s per cwt. Bonded Crushed Sugar
is wanted, and 34s 6d is readily given for present delivery,
and 34s 3d to wait a month ; at these rates there is not
much to be had. Dutch may be had at 31s 6d on board
at Amsterdam.
EAST INDIA.—The demand privately for Bengal is only
for small parcels, but prices remain firm, particularly for
coloury kinds ; 2,000 bags white are declared for auction
on Friday next. Manilla is wanted by the Refiners, and
the rates quoted have been paid privately for several par-
cels. Siam and Java are beta firmly at the rates quoted,
at which small purchases have been made.
To-day there was a good deal of inquiry for Manilla
for refining, and about 2,000 bags were disposed of at 20s
to 20s 6d for middling brown. Java was sought after,
and 20s to 20s 6d paid fur small parcels of middling brown,
and 225 for fair grey.
AIAVRITIUS.—Prices have undergone no variation since
we last wrote ; but the operations by private contract have
been limited, the deliveries from the warehouses however
have been good. For public sale to-morrow 6,000 bags are
declared ; other sales will be shortly announced. There
have been several arrivals.
FOREIGN.—For yellow flavannah former rates are re-
quired, but there has not been much passing by priiate
contract ; an improvement in the demand is, however,
looked for, and some parties are not inclined to sell at
present rates : white is totally neglected.
Corees.—The clean qualities of West India are much
wanted by the home trade, but business is restricted by
private contract, in consequence of the small supply at mar-
ket, and prices have again improved. Jamaica and Domi-
nica have been disposed of to a fair extent ; middling at
124 s to 1265, good middling 130 s, fine fine ordinary 116 s
to 120 s, good and fine ordinary 110 s to 113 s ; fine mid
Jamaica, of which there is scarcely any to be met with,
has brought 140 s per cwt ; 100 casks are declared for sale
on Thursday and Friday : the ships arrived from the West
Indies have again brought only a small quantity of
Coffee. The stack in first hands is reduced to a small
compass. East ludic and other clean descriptions
admissible for home use are held firmly, and the trade
still entertain a favourable opinion of the article.—ln
Java a fair business has been transacted by private con-
tract at previous rates; good bold pale quality has
been disposed of at 80s, and bulked at 76s 6d to 77s per
cwt; 2,000 bags are declared for auction on Tuesday
next. Mocha has been sought after, but business of
moment has been prevented in consequence of the re.
duced stock ; for common green 114 s to 115 s has been
paid. Ceylon in small parcels has been disposed of at 105 s
for good ord, and superior quality at 106 s to 108 s ; 2,600
bags arc declared for auction on Thursday. Of the clean
sorts of Brazil there is little to be met with; unclean
kinds are more in favour, and several parcels have been dis-
posed of at 48s for good ordinary Rio. Sumatra, Suma-
rang and Mysore in small parcels have been disposed of at
our quotations ; for public sale on Bth January, 3,450 bags
Laguayra are advertised. Several vessels have arrived
from the Cape with Coffee during . the last few days,
amongst which is a cargo of fine pale Cuba, consist-
ing of 566 casks, 150 tees, 535 bags, which will be shortly
brought to public sale, and will no doubt be taken by the
trade, as a substitute for middling Jamaica. If the Com-
missioners of Excise should persist iu the course they
have commenced, that is of seizing Chicory found on
premises where Coffee is retailed, it will much increase the
consumption of the latter article. Importers of Foreign
are not inclined to reduce their pretensions, but their are
still few buyers, and the operations in St. Domingo are not
worth enumerating ; but of Brazil, 600 bags have been
disposed of within the range of our quotations.
Tat.—For black and green descriptions of Free Trade
Tea a good demand prevailed from the trade up to the close
of last week, and the merchants obtained higher prices—for
common Congou for cash 2s 3d to 2s 3id was paid, and 2s
4id to 2s 5d with a prompt ; Twankay was disposed of cur-
rently at 2s 5d to 2s sid for money, 2s 6d to 2s 6id with
a *prompt, and common Hyson 3s Sd to 3s 4d ; at these
rates large parcels were disposed of. In Company's Con.
zou large purchases were made at the improved rates of
2s 4id to 2s 5d for cash, and 2a 6d to 2s 6id with three
months' prompt; but yesterday there was less life in the
market, and but few purchases were made in free trade,
the merchants, however, refused to reduce their preten-
sions ; Company's Congou, however, was not held so
firmly, and small sales were made in some cases at 25 Akid
for cash, but holders generally were not disposed to sell at
thii figure. The deliveries of Tea from the warehouses
since we last wrote have been 292,0001b5. Accounts from
Canton may be looked for about the end of the end of this
week or the commencement of next ; but no news can be
received as to the instructions sent out by Government to
Captain Elliot before the latter part of next May.
To-day there was not much business doing in the Tea
market, but holders were not inclined to sell on the terms
of yesterday ; a large proportion of the Tea declared for
Monday next not being held by the merchants, but being
in second hands, it is supposed that it will not be offered
for sale ; the latest prices paid are, for Company's Congou,
money, 23 sd, credit, 2s 6d to 2s 6id. Free Trade
Congou, cash 2s 4d, with a prompt 2s 5d to 2s sid
Twankay common, money and with a prompt, 2s 6d to
2s 6id per lb.
Rum, BRANDY, AND HOLLANDS.—TIIO merchants still
refusing to accept lower rates for Rum, have caused the
operatiOns in all descriptions to be very limited ; if they
would accept rather lower prices it would lead to a fair
business, buyers of proof Leewards at 3s 2d, but no sellers
under 3s 3d per gallon ; the quantity remaining in first
nands is by no means large. For the small par-
cels of East India Rum lately imported 3s is asked for
proof, and 3s 7d to 3s 8d for 10 per cent. overproof.
Brandy of good quality is in fair request for home use as
well as for exportation, and prices remain firm, but for
common sorts there are few buyers, and Bordeaux may be
purchased at 2s 7d per gallon. Geneva is fully as dear, and
the operations have been to a fair extent. British Corn
Spirits are less in request, and some of the distillers are
willing to make contracts at 10s 2d per gallon.
Seices.—Black Pepper of common quality is in request,
Sumatra at aid, there are buyers to some extent at 3i,1,
but no sellers thereat. Pimento dull of sale, but not offered
cheaper. Cassia Lignea is held firmly at late rates, but
business is prevented in consequence of the small supply.
In other articles no variation. To-day 3/d was paid for
some parcels of common Sumatra Pepper.
INDIGO.—The near approach of the quarterly sales of
East India cause buyers to take only sufficient to supply
their immediate wants ; and' the purchases since we last
wrote have been very limited for home use as well as for ex-
portation; but the merchants are not inclined to submit to any
further reduction, and prices remain the same as last quoted,
which are 3d to 4d per lb under those of October rates
for auction on the 21st January, 6,400 chests are declared.
Spanish in small parcels has been disposed of on former
terms : 200 serons are declared for public sale. The de-
liveries of Indigo are still small for home use as well as
for shipping.
RIDE.—The announcement of 7,000 bags Java for
auction to-morrow, and 5,000 bags Bengal for auction on
the Bth January, have caused the operations by private
contract to be limited, but full prices are required, parti-
cularly for good bold white descriptions, of which the sup-
ply is short. The arrivals have again been large. For
Carolina the Grocers pay 34s to 38s for small parcels,
which is 2s to 4s lower.
TALLOW. Previous rates have been supported for
P. Y. C. on the spot, and the demands has been
very good from Chandlers as well as Soap-makers, to
supply their immediate wants, and at the present quo-
tation of 411 s for first quality the merchants are not
anxious to sell, although the stock is 10,000 casks
larger than last year at this time. For delivery
in February and March a good many purchasers have been
made at 48s 9d per cwt. The clearances from the ware-
houses have again been large. Town Tallow has been
disposed of to a fail' extent at previous quotations.
This afternoon there was only a limited business tran-
sacted in Russian Tallow, but at the rates quoted holders
are firm.

(FROM OUR OWN CORRESPONDENT.)
VOURLA BAY, DLe. 9, 1839.
The affairs of the East ate in the same s•ate as
when I last wrote. The French wish Mehemet. All
to give up Candia and the Passes of the Taurus, to
which he objects ; h e has fortified them at great ex-
pense, and very naturally wishes to preserve them.
He may be forced to give up Candle, but how he is
to be forced to give up the Passes is quite another thing..
The Turkish fleet is still at Alexandria, and most cer-
tainly will remain there all the winter. The Capitan
Paella's sccretary has arrived at Constantinople, and
there gives out that the French Admiral advised the
Capitan Pacha to take the fleet to Alexandria.
Russia has sixteen sail of the line ready for sea at
Sebastopol, and 65,000 men ready to embark ; we
have twelve sail of the line in Vourla Bay, the French
nine there and at Smyrna, and are forming a reserve of
five heavy ships at Toulon. The Turco-Egyptian fleet
consists of nineteen sail of the line, making a force, in
profound peace (as we are told) of 61 sail of the line
inside the Gut of Gibraltar. For what purpose that force
is collected is more than I can say, but England had
better look to it. The French ships are manned on
the war establishment, the British on the peace. The

Princess Charlotte mounts 104 guns, with 720 men ;
The French Montebello 120, with 1,100 men. The
Rodney mounts 92 guns, with 720 men ; the French
Hercule 110 puns, with 915 men. The Penelope
84 guns, with 645 men ; and the Jena 92 guns, with
820 men—and the rest of the squadron in the same
proportion. In case of any untoward event the three
ships I have named would be pitched against each
other, with what prospect of success the Admiralty
may perhaps know, but the Captains here (although
their ships are in high order) have not been able to
find out.

Two of the French ships and a frigate are going to
Toulon, and it is not all impossible that the French
Government are mediting a coup on the Chersoncsus ;
and indeed it is very well known that the French Mi-
nister of Marine proposed it to the Government. Such
a blow would bring the affairs of the East to a point ;
but how would England like to see 10,000 men landed
there, and a French squadron in the Dardanelles? We
have seen the French make a dash on Ancona without
consulting us, and she is just as likely to do the same
here should we be on bad terms.

If France and England, however, pull together, that
is a much safer way of settling the Eastern question.
The Baltic is now frozen up, and we are safe for the
winter. The southerly winds have set in, and the pas-
sage of the Dardanelles is practicable. Let the com-
bined fleets proceed at once to Constantinople, either
with or without the leave of the Sultan—let a force of
16 sail of the line remain there to keep Russia in check,
and send Ihe other 10 sail to the Downs ; reinforce
them with three-deckers and the Lisbon §quadron, and
early in spring let them proceed to the Baltic, Mid give
the Emperor of Russia the choice of war or of disarm-
ing. Such a bold act would make us easy at home,
and save the Turkish empire.
The Sultan has given a sort of Constitution to Tur-
key, which Russia most certainly will oppose, and if we
give him support and countenance he will put it in
force. The Russian Ambassador may storm, and he
may depart, but we may rest assured Russia will not go
to war ; but if we pursue our present piddling °policy,
she will gain all she wants, and we shall be forced into
war at last when she is better prepared for it.