The Sun.
London, England, 1848-09-26 00:00:00

tinlenuna
LONDON, TUESDAY, SEPTEMBER 26, 1843.

The proc?edings at the Central Criminal Court,
during the List few days, are suggestive of the most
serious considerations. We do not allude to the case
of the unfortunate individual who has already been
convicted on the second count of the indictment, and
who will have to expiate the offence, of which a jury
of his countrymen have declared him to be guilty.
Still less do we allude to that of the other prisoners
who are now actually on their trials, or who are
awaiting the investigations that must decide the
question of their guilt or innocence, of their freedom
or captivity. Whatever may be our private opinions re-
specting the acts charged against these parties, we shall
abstain from any expression thereof until the last
solemn inquiry has terminated, and the fate of the
last prisoner has been decided, and no longer hangs
trembling in the balance. What we would now in-
vite the public attention to is the necessity of a•
speedy revision of certain defects still existing in the
administration of the law, with a view to their re-
moval and the adoption of a more just and equitable
system.

The first point to which we would advert is, that
under the present system a person charged with
a grave and heavy offence, which may in-
volve even his life itself, or his perpetual
banishment from his native land, and the forfeiture of
his liberty during his future existence, is kept corn-
pratively ignorant of the exact nature of the charge
pn•ferred against him, god is called upon to plead
without a moment's time being allowed to his legal
advis:Ts to consider the nature of the defence that
may be offered on his behalf, or to examine whether
the indictment is framed in strict accordance with
law. We repeatedly witness the most unseemly
altercations between the law officers of the
Cr own and counsel engaged in behalf of
prisoners, more especially when the offences
charged are of a political character, arising
from the refusal to grant applications which
should be conceded "Ex debito justitice." Copies of
the indictments are perpetually asked for, and almost
invariably refused, where the request is merely a
matter of favour that can he legally denied. Copies
of the jury panel, too, are sometimes desired, but these
are never granted in any case, and we consequently
find the time of the Court repeatedly taken up, to the
great obstruction of the public business, by repeated
arguments, as to the right of the prisoner,
whether he is entitled to have the indictment
read over three times, verbatim, in a slow and audible
tone of voice, or whether he must be contented with
one such reading, or whether he is authorised, before
each juror is empannelled to try the case, to examine
the party on what is termed in law the " voir dire,"
in order to ascertain by his own evidence whether he
entertains any bias or prejudice that would render
him ineligible to decide indifferently between our
Sovereign Lady the QUEEN and the prisoner or
prisoners at the bar. All these discussions,
highly prejudicial to the course of justice,
and too often calculated to bring the admi-
nistration of the criminal law into contempt
and disrepute, would be altogether avoided by en-
titling every every prisoner to have a copy of the indict-
which it is intended to prefer against him
delivered to him, at least one clear day before he can
be called upon to plead thereto ; and also (if he chooses
to demand it) to have a copy of the jurors' list, from
which those who are to tryi him will be empannelled,
at the same time, or at least so as to allow
investigation a moderate time for
before he
shall decide whether he will exercise the
right of setting aside peremptorilymauspearticular jury-
man, or challenging for express such as pre-
conceive:l opinions, partiality, or the like.
Under the present practice a powerful illustration is
afforded of the far greater respect for,
to property evinced by the British law, than it ")
ex-
hibits for life or liberty. If a pecuniary claim is
made upon any person, he can obtain a copy of the
declaration from the proper officer (upon paying a
moderate fee for scriveney), and the particulars
of the plaintiff's demand must be served on
him four clear days at least, before he is called
upon to plead to the action. In cases of misdemeanour
be may also obtain a copy of the bill of indictment,