The Sun.
London, England, 1848-01-25 00:00:00

3IIDDLESEX SESSIONS.

(Before Mr. WALESBY and a full Bench of Magis-
trates )
Considerable interest was created yesterday morning
in consequence of it having been understood that toe
trial of Mr. John Gore, the dust contractor of the
district of St. Luke, Old-street, indicted by the
parish authorities for a nuisance alleged to exist in
Ilatfield-street, was fixed for this day.
air. Parry and Mr. Metcalf appeared on behalf of
tin parish authorities ; and Mr. Ballantine and Mr.
L'rentice for the defendant.
The Learned CHAIRMAN had no sooner taken his
seat than Mr. Ballantine applied for an adjournment
of the trial to a future day, in order to obtain from
the prosecuting party a statement of particulars rela-
tive to the nuisance, which he contended was not fully
and sufficiently specified by the indictment.
After an hour and a half's argument for and
against the application,
The Learned CHAIRMAN consented to adjourned it
until one o'clock, in order to give the prosecutors
time to furnish the particulars sought for.
About half-past twelve o'clock, however, the do-
cument was made out and handed in, but Mr. Bal-
lantine objected to it, on the ground that the docu
ment was imperfect, not giving any additional, or
even more explicit, information than that conveyed
by the indictment. The argument, therefore, was
resumed.
Mr. PARRY contended that the wording of the
indictment was sufficiently clear; and, after a long
discussion,
The COURT decided that the document was suffi-
ciently clear to meet the objects of the application
made by the Learned Counsel, and therefore ruled
that the trial should go on.
Mr. BALLANTINE then rose and objected to the
whole panel of jurors, thirty-six in number, on the
ground that every one of them resided in the parish
of St. Luke, where the nuisance existed, and, as such,
were ineligible to try the case.
Upon this several of the jurymen, both those in the
jury-box, and those in waiting, expressed their dis-
inclination to try the case, on the same grounds on
which the Learded Counsel rested his objection.
A long argument took place on this point, when it
was decided by the Court, on reference to " Burn's
Justiceappoit ,
n (,)f the Peace," that the proper course was to
triers," to ascertain whether each or any of
the panel were biassed in their feelings by being inha-
bitants of the
tended he had a
Mr. BALLANTINE
r.ightattofierhstalolebjnegeetetdo tic),
ththe ipso,
laen”dm,c,iothn:
outs
ut hbisse
gfouremn
tly, however, he consented; and after the
lapse of some time, Dr.
Guy
with Dr. Ryan and
,
and Dr. Southwood
Smith (who were in attendancetriers;' and were
!ers,
40 other witnesses) were swornas
accommodated with a seat on the bench.
Mr. BALLANTINE then addressed the triers, and de-
scribed to them the nature of the duty they were called
on to discharge.
The parish officer of St. Luke's was than called in
and sworn, and deposed that the first person on the
panel, George H. Gurney, was a resident of the parish
of St. Luke, and lived within a short distance of the
alleged nuisance.
Mr. PARRY then addressed the triers, after which
The Learned CHAIRMAN male a few observations.
The Triers then consulted together for a few
minutes, when
Dr. Guy addressed the Court, and said that Dr.
Southwood Smith and himself had, after due con-
sideration, come to the conclusion that Mr. Gurney
was ineligible to try the case, from the fact of his
living •
So near the nuisance himself, his family being
perhaps liable to
Mr, p A
any from it.
reference
invulved with thenrefe said, that as the same point was
annoyance
to all the other jurors, he
would not press for the trial. He would withdraw ,