The Sun.
London, England, 1802-02-05 00:00:00

ARTIFICE FOR DELAY.

A Case occurred 'in which the Defendant was
stated to have pleaded a sham plea, and afterwitrds
moved fora Special jury, to carry the matter over
the Term, which was merely for delay:.'
Mr. Justice .GaosE.—" A pradite has much
too long prevailed, and is growing upon.us, and I
wish to see it correded as much as possible. The
delay it occasions is grievous to those who come
for . Justice into a Court of Law. Special luries
are moved for in Cases which by no means demand
=them. I-*wish Gentlemen at the Bar would use
their discretion
,a little more than is usual, before
they sign Briefs of Motion for Special Juries, and
inquire into-the circumstances of the Case."
Mr.,,GAR,RoiA.—“ It is impossible for us to use
any discretion in the matter."
- Mr. Justice Gtt osE.—" Ido not know that."
The ATTORNEy GENERAL said, that there might
be Cases in which-Defendants would be compelled
to make use of a. dilatory plea, for the purpose of
obtaining time, which they could not otherwise
trave,,and,without which, their interests could not
lie fairly protetted, and he saidihe' remembered my.
Lord,MANsFIELD saying " that the. Law allowed a,
man to plead a sham plea, and. afterwards to with-
drawit ;" he did not mean to say the prafi'tice•was
a good one in general, but there might be circum-
stances under which it might he excusable.
Mr. Justice LAWRENCE said it appeared to him
to be a thing worth considering, whether, in all
Cases where a Special Jury was moved for, the
Party should not be compelled to give Judgment of
the Term.

The ATTORNEY GENERAL, said, there was no
such Rule of the Court at present ; it would be the
duty of Parties to conform to it, when 'made ; but
until then, the Parties were entitled to avail them,
selves of the wadice as it- stood.
Mr. Justice LAWREN.C.F. said, he considered the
Case now under discussion, fit for. mAing
,that
Order, and therefore the Party had his Special jury
on condition only of giving Judgment of 'the Tcrm.

THE RING V. M'tEOD.

Mr. SCOTT adverted to a motion he had formerly
made upon the subjects of two infrfrmations which
were filed against this Defendanr,now in custody, and
the hardships of the Defendant's case, which state-
ment of hardships, he said,-henWould not go over again,
observing only, that it had never been contradicted.
The obied of .his niotion was. then, what it was
still, that there might be no further delay in the
progress of these causes, but Oar the Defendant
might be tried upon them as soon as possible. Upon
that occasion, the Court had hinted to him the
propriety of considering, whether he might not
move for leave to carry down the rewords
.by pro--
vise on behalf of the Defendant, in case the
Crown did not bring the Defendant to trial, ob-
serving also, that there was a case in the 7th Term
Rep. which had some resemblance to this. He had
looked into that, and all the authorities he could
find to have any bearing upon the subject, and cer-
tainly the case in the Term Rep: was against him
as•far it went, but in that case there was no state-
ment of any hardship, such as had been stated and
'not denied in this, and therefore he might, with-
out disrespect-to the Court, move for a rule to
-shew cause why the Defendant, in these informa-
rionS;should not be at liberty to carry down the
records by proviso. But he should move in ano_
filer form; and follow the wends of the Court in
the case' of the Queen and Sir Joseph Banks. His
motion was this ; for a_rule to shew cause " why
the ATTORNEY GENERAL should not give to this
Court a reason for the postponement of the trials
of these informations, and why a day should not
'be peremptorily fixed for the said trials."
Mr. Justice Gloss said, there was no instance
of any such motion ever beinggrantect
Mr. SCOTT said, he believed there was not, but.
he _was applying to the Court, in its discretion, in
a case of great hardship, and he had 'followed the
Words_made use of by the Court in a case *here
hardship was complained of.
Mr. Justice LAWRENCE said, it Was hripOSSible
for the Court to fix a day for the trial oyf.o cause
before a Judge at Nisi Priusi
Mr. Justice GROSE Said the tank thing, and
aided, that it was undoubtedly clear the thing was
never done. He might move for a Trial at Bar,
and if the Court ranted the Trial at Bar, the
Court would also direct at what time the Trial
should rake place:
'rhe Court, therefore, refused this Motion, as
wholly without precedent.
Mr. SCOTT then moved fora Rule to she* Cause
why the Defendant should not be at liberty to carry
the Records, in these Causes, down to be tried by
Protiso.
Rule to shew Cause granted.