The Sun.
London, England, 1848-10-30 00:00:00

m'), •f'
OCTOBER 30, 1848.

proper time. .Counsel submitted that these were essen-
tial preliminaries, and that as they had not been com-
plied with, the bill of indictment had been found by a
grand jury who had no jurisdiction. If the Court held
that those preliminaries were not essential or could be
dispensed with, the c ffect would be to set aside the pro-
visions of the law, which were intended as a 'safeguard
against oppression. The statute enacted that if the bill of
indictment was prefeired in the county next adjoining
to that in which the offence was committed, those pre-
liminaries should be complied with; and as they had not
been attended to in this case, counsel submitted that the
indictment should be quashed. There was another point
which he wished to mention to the Court. His Learned
Friend, Mr. Butt, had been looking through the recog-
nisance which was entered into in this case, and it ap:
peared it was only entered into on the 26th of October,
the very day on which tho indictment was sent up to the
grand jury. Now the Act required that the recognizance
should be entered into before the indictment was sent up,
in order to provide for the additional costs consequent
unon the change of venue.

The ATTORNEY-GENERAL then prooeeded to reply.
At the suggestion of the Court, he would not say any-
thing in reference to the recognizance, it being quite
unnecessary to do so ; but with regard to what had
been urged respecting the notice—namely, that ten days'
notice should have been given to the prisoner and the
witnesses, he submitted that the object of the section
was to enable the prosecutor to take the necessary pro-
ceedings to enfbrce the attendance of witnesses. And
their Lordships were aware that an innictment might be
found without any informations at all, without any re-
cognizance, or without any—
Mr. Justice CRAMPTON—The whole question, Mr.
Attorney-General, resolves itself into this—what is the
construction of the 6tb section of the statute ?

The ATTORNEY-GENERAL proceeded -Co say that
the previous bill which had been found against Mr.
Duffy having been quashed, the case now stood as it
there had been no bill found until the present Commis-
sion ; and that being the case, it appeared to him that
under the 3d section he had a perfect right to present
the bill to either grand jury, subject, however, to this
condition—that if he presented it to •the county jury
instead of the city, a recognizance should be entered
into for the purpose stated in the statute. He might,
therefore, assume, for the present that the bill had been
rightly found; and he would contend that the bill having
been previously found in a limited jurisdiction, it was
competent to the Court to order a transfer of that bill
from one jurisdiction to another, or to direct a transfer
of the custody from one sheriff to another for the pur-
pose of trial. Certainly, it did not appear to him that it
was necessary to have one Commission sitting in the
city and another in the county at the same time; and he
submitted that the fourth section applied to a case like
the present, where he wanted to transfer the indictment
from one jury to another.
Mr. Justice TORRENS—Yes, but would not a witness
feel aggrieved by having the jurisdiction changed with-
out due notice being given him?
ATTORNEY-GENERAL-Ohl in that Case, my Lord, I
will humbly ask to hare the Commission adjourned for
a fortnight. _ _

Judge CRAMPTON—I do not know that you will not
be as much .embarrassed even then. You are aware the
notice must be given ten days ilefore the nest Commis-
sion of oyer and terminer.

ATTORNEY-GENERAL.— All these Commissions, my
Lord, are only adjournments. There is no new Com-
mission in Dublin.

Judge TORRENS—Mr. Attorney, yon areitot to un-
derstand the Court as having decided again you. I
merely made the observation to guide the parties.
ATTORNEY-GENERAL—Precisely, my Lord. I quite
understand your Lordships.
Judge. TORItENS—The Court is desirous of looking
into the statutes.

Judge CRAMPTON-But if any inconvenience would
arise to either party, we would announce our decision at

once.

The ATTORNEY-GENERAL said the slightest inconve-
❑ience would not arise.

Judge ToRUENS—[ should think not ; for Mr. At-
;orney, you will now have time to consider what course
you shall take.

The SOLICITOR-GENERAL—Just so, my Lord; and
there is no doubt, from the strong impressions of the
prisoner s counsel, that they would feel themselves au-
thorised to give a certificate for a writ of error in the
case.

Mr. Duffy was then removed, and counsel on both
sides were desired by the Court to be in attendanco at
eleven o'clock this (Saturday) morning..

SATURDAY EVENING.

THE QUEEN V. CHARLES QAVIN DUFFY.

Mr. Duffy was then placed at the bar.
After some observations' from the ATTORNEY GENE-
RAL, relative to the point raised yesterday in favour of
quashing the indictment,
Mr. Justice TORRENS detailed the circumstances with
regard to the sending up bills of indictment against Mr.
nutry to the city and county grand jury; and having,
alluded to the law applicable to the case, and the argu-
ments used by Mr. Duffy's counsel, his Lordship stated
that himself and his Learned Brother were of opinion
that the prosecutor had not complied with the provisions
.t* the statute, and that, therefore, the prisoner could not
be removed out of the custody of the city sheriff. Ten
days' notice of the intention to change the venue from
the city to the county should have been given; and that
not having been done, the effect is that the prisoner
could not be called upon to abide his trial now.
Mr. Justice CRAMPTON next delivered his judgment,
which was to the same effect, that the trial of Mr. Duffy
could not be proceeded with till the next Commission, to
be held in January.

SPORTING INTELLIGENCE.

NEWMARKET HOUGHTON MEETING.
SATURDAY.
A meeting which, for the unfavourable state of the
weather, and the bad state of the ground, would have
been, in all respects, one of the best ever known at'New-
market, concluded with a capital day's sport on Saturday
list. . Although the card contained eleven races, the
match between Woodcraft and the Concertina colt
having been made au hour or two before the first race,
they did not commence until ten minutes before 1 o'clock.
this gave time for some betting on the Derby, an event
which has been strangely neglected of late, and that the
opportunity was not lost the following su:nm4ry of the
transactions will prove-5,000 to 1,000 agat The Flying
Dutehman-3,000 to 400 and 3,509 to 500 agst Tadmor
—1,200 to 100 ngst Honeycomb-1,000 to 50 r..1-st
terley-1,000 to 50 agst Uriel-1,000 to 25 agst Old Dan
Tucker-5,000 to 100 each, in one bet, agst Strongbow
—l,OOO to 20 agst Caststeel colt-4,000 to 60 each agst
Glenalvon, Garrick, and Bernadotte-750 to 50 agst
Uriel and Strongbow-1,000 even on the field agst Fly -
ing Dutchman, Tadmor, Honeycomb, Osterley, Uriel,
and Strongbow—and 1,000 to 15 agst Escalade winning
the Derby and Oaks.
The racing commenced with a
Match, 100. T.Y.C.
Lord Exeter's Testator, Sat 71b (Bartholomew), beat
Lord Glasgow's f by The Provost, dam by Actteon,
Bst 51b, by three lengths.
2tol on Testator. Ran in 1 min. 18 secs.
Match, 100, h ft. T.Y.C.

Lord Glasgow's f by Lanercost, out of Canada, Bs,
7lb (Nat), beat Lord Exeter's Scudar, Bst 11b, by half a
length. 7t04 on the winner. Bun in 1 min. 20 secs.
The Houghton Handicap of 15 Boys, each, and only 5 if
declared, &c , to go to the owner of the second horse;
for three yrs old and upwards, (24 Subs., 11 of whom
declared. T.Y.C.
Sir C. Monck's Vanish, 5 yrs, Bst 21b (Simpson) 1
Mr. Drinkald's Mau of my Heart, 5 yrs, 7st 21b ... 2
The following were not placed:—

Mr. Forth's Laundrymaiil, 5 yrs, Bst 71b
Mr. Bainbridge's Terrier, 5 yrs, Bst 41b
Mr. Eddison's Little John, aged, 0
Lord Cliff:lea's Sagacity,.4 yrs, 7st 9lb 0
Lord Chesterfield's Distaftkna, 3 yrs, tat 51b (7st 71b) 0
Mr. Howlett's Cardinal's Niece, 4 yrs, 7st 51b ...
Lord Exeter's Carissima, 6 yrs, 7st 41b •.. 0
Lord Exeter's Circassian Maid, 4 yrs, 7st 1113 ... 0
Duke of Rutland's Paladin, 3 yrs, Est 101 b 0
Mr. G. Hobson's Passion Flower, 3 yrs, 6st Sib ... 0
Major Pitt's Holloa, 3 yrs, Bst 71b 0
Mr. Mostyn's f by Lord Stafford, 6 yrs, Est 0
Betting-5 to 1 each agst Carissima and Passion
Flower, 6 to 1 each agst Paladin, Holloa, and Little John,
and 7 to 1 agst Man of my Heart. Littlo John took
the lead, followed by Sagacity, Man of my Heart, Vanish,
Distaffina, and Carissima; the pace very good, and nearly
all lying up. At the dip Sagacity took up the running,
which she carried on into the cords; Vanish and Man of
my Heart then went up, and ran a close race home, the
mare winning by a head, Carissima a good third. Run
in 1 min. 15 secs.
Match 100. First hilf of Ab.M.

•• .. 0

Mr. Payne's Woodcraft, Bst 71b (Nat), beat Mr.
Mostyn's c by Colvrick, out of Concertina, 7st lib, by a
head. 6t04 on Woodcraft. Run in 48 secs.
Sweepstakes of 5 soya each; for two yrs old, 6st 71b;
three, Bst 51b; four, Bst 101 b; five and upwards, Bst
121 b. First half of Ab. M. Winner to be sold for
251, &c. -
Lord Orford's fby Sir Hercules, out of Peeress, 2 yrs 1
Lord Clilden's_Cotton Lord, 2 yrs ... ... ... 2
Lord Exeter's cby Voltaire, out of Mecca, 2 yrs ... 0
Mr. Hargreave's Rodney, 2 yrs
Mr. G. Hobson's Carbuncle, 2 yrs ... . . ... 0
Mr. T. B. Charlton's Kissaway, 2 yrs
Mr. Payne's Blackcock, 4 yrs
Betting-5 to 4 agst Cotton Lord, and sto 1 agst
Rodney. The Mecca colt made ploy at a good pace, fol-
lowed by Cotton Lord, the Peeress filly, and Carbuncle;
this lot comprised the front rank until half way up, the
cords, where the Mecca colt gave way, and Blackcock
joined them. A splendid race followed, the Peeress filly
winning by a head, Cotton Lord second, and Blackcock,
Carbuncle, and Kissaway almost abreast of her, so near
together that it was impossible to place a third. Run in
Im. 17 secs. The winner claimed.
Match, jOO, h. ft.—Duke of Bedford's Saddle, Bst 71b
(F. Butler), beat Lord Exeter's Ulystes, 7st 11113, by a
length.-45 to 2 on Saddle.
Svv%liilistakes of 5 sovs. each; 'for two Irs old, Est 71b;
three, Bst 51b; four, Bst 101 b; five and upwards, Bst
12Ib The winner to be sold for 25 soi's., if demanded,
&c..- First half of Ab. M.
Lord Albemarle's Kangaroo, 3 yrs ...
Mr. Verity's Routh, 2 yrs ... ...
Mr. Pedley's Perspicacity, 2 yrs ...
Mr. J. Daley's Mastiff, 3 yrs ... ...
Mr. S. Smith's Astra, 4 yrs ... ...
Lord Clifden's Cashier, 2 yrs ... ...
Mr. Edd:son's Little John,-aged ...
Mr. Drinkald's Man of my Heart, 5 yrs
Mr. Pedley's Lady Mary, 3 yrs ... ... ... „
Mr. G. Bulkley's Diana, 2 yrs
Betting-2 to 1 agst Cashier, and sto 2 agat Perspi-
cacity and Lady Mary. Won by a length;-Mau of my
Lleart well up; Cashier fourth. Run in 54 sec.
Sweepstake; of 10 sovs. each, for three yrs old, 7st 91b;
four, Bst 71b; five, Bst 12lb; six and aged, 9st. The
winner to be sold for 120 sovs., if demanded, &e.
Ab. M.
Mr. Ford's Telegraph, 3 yrs ... ... ••• ... 1
Mr. Price's mby Sir Hercules—Taglioni, 6 yrs ... 2
Mr. Dyson's \Vhitstone, 3 yrs
Even on Telegraph, 5 to 4 agst Whitstone, and 3 to 1
agst Taglioni mare. Won easily by four lengths; ten
lengths between second and third. Run in 1 min. 52 s.
Handicap Sweepstakes of 15 sovs. each, and only 5 if de-
clared, &c. R.M. (7 Subs., 3of whom declared.)
Duke of Belford's Retail, let 71b ... (Pearl) 1
Lord Exeter's Midis, 7st 9lb ... ... ... ... 2
Colonel Anson's Bonbon, Bst 71b ...
... ... 3
Lord Clitden's Ilidallan, 7.st 13Ib ... ... ... 4
Betting.-2 to 1 agst Bonbon-2 to 1 agat Midia—and
sto 2 agst Hidallan. A fine race between the first three,
and won by a neck, a head between second and third.
Run in 2 min 1 sec.

(G. Sharp) I

••• - 0

Match, 200, h ft, Bst 71b each. D.I.
Mr. Grevillo's Puffy (Nat) boat Lord Chesterfield's
Chicot (F. Butler) by five lengths. 5t04 on Puffy.
Match, 50, h ft. D.M.
Lord Chesterfield's Ferule, 7st 91b, received forfeit
from Lord Caledon's The Dahcotah Chief, 7st 41b.
Match, 200, h ft. T.Y.C.
Mr. Mostyn's c•by Colwick, out of Concertina, re-
ceived 50 forfeit from Duke of Bedford's St. Rosolia,
Bst 41b.

Match, 100, h ft. Last half of Ab.M.
Lord Glasgow's Clerk of the Council, 7st 111 b, re-
ceived forfeit from Lord Clifden's Loadstone, Bst ?lb.
INTELLIGENCE EXTRA.
NEWMARKET CRAVEN MEETING, 1849.
TIIESDAY.—Lord Exeter's Gardenia, Bst 71b, agst
Lord Stanley's Strongbow, 7st 21b. A.F. 200, h ft.
FRIDAY.—Lord Clifden's Loadstone, Sat !lb, agat Lord
Glasgow's Clerk of the Council, 7st 111 b. 200, h f. D.M.