The Sun.
London, England, 1851-01-08 00:00:00

CRIMINAL COURT-(THIS DA.IO

OLD COURT.
(Before Justices PArrEsoN and T&LXoURD.)
THE CASE OF MR. AND MRS. SLOANE',

At the sitting of the Court this morning,
Mr. CLARKSON said he bad been informed that the
grand jury had found a bill against a gentleman Ist Ole h
Sloane, on a charge of an unusual description, w
had created considerable feeling in the public mind.. d
(Mr. Clarkson) appeared as counsel for the accused, Oa
he had an affidavit from his attorney, on which he 'en
instructed to ask their Lordships to postpone the 01
of this case until the next session. The attorney :test e
in his affidavit that he believed, under the present of:
cited state of public feeling, the prisoner would scar 01
be able to obtain a fair trial. When the Court lc
into their consideration the fact stated in the fo.:,
davit, that the prisoner could not leave his hof
without apprehension of personal violence and per,,,°ljd
Lion, he (Mr. Clarkson) trusted their Lordships vvot`do
think that it was only reasonable and humane tows;
the accused at once to accede to this application. 1a;
(Mr. Clarkson) had never yet seen the indictment, t
he understoodit was full of matter likely to create li',
cussion on very important questions of law. He theilg'" nV
under those circumstances, that a postponement • e
trial for three weeks was not unreasonable. •
DI•
Mr. HUDDLESTONE said his Learned Friend
Chambers, and himself, had been instructed to ap P 3-1
for the prosecution in this case. He (Mr. Huddlest )1110;
had not seen the affidavit to which Mr. Clarkson lue Ifrsho
,
luded; but he was instructed by the guardians of
e 0
West London Union, at whose instance this prosiest] Z."
was instituted, to state that they were very anxious 1111110
the case should be tried as soon as their Lords buff
thought it proper that it should be tried. They did Of,
therefore, feel themselves at liberty to accede to the' trai
plication which had just been made to the Court ; W,il
they were quite ready, at the same time, to bow to
suggestion that might fall from the bench.
Mr. CLA.RKSON said the affidavit on which he foul %ti
his application to the Court stated, that owing to "thoal
great excitement that prevailed in the public mind!
this case, the deponent did not believe that the smog oa
George Sloane, could have a fair trial if the case ja
tried at the present session ; and that, ever since
apprehension and examination before the nuigistratl
he could not venture from his house or chambers wit
out the fear of personal violence, and that he could 9 fh
proceed from his house to hold any consultation rfu
his Counsel without fear of thereby endangerini.his li
be
Mr. BODKIN, who was with Mr. Clarkson, said. t of
Court would remember, that until lately it would 1111
have been necessary to make the application at all.
was not yet three weeks since the prisoner had bee'
committed.
Quid
Mr. HUDDLESTONE said, if their Lordships -110
think that this application should be granted, he sh:cl°o
ask their Lordships to order that the defendant eb c 4/
come in and plead, and should also have his bail.
larged. He understood from the officer of the court 'tb o,
it was the regular practice of the court, where an rill Poo
cation of this description was to be made, that it: ee I
usual and considered necessary, that the defer 10,130
should be present in court at the time the applic S
was made.
Mr. Justice PATTESON—That was the very diffitst 110
in this case, for the affidavit stated that Mr. Sloane el 1%,
not leave his house without apprehension of personal •
lence. Besides, the indictment was against two 1 ',130
sons, man and wife, and the wife was not now is
country.
eed
Mr. CLARKSON—The case was not one of felony, -ne
he was only instructed for Mr. Sloane, who was out' ye
bail. Mrs. Sloane had not yet been taken; indeed,.
believed she was not to be found.
Mr. HUDDLESTONE said he understood it was Oaf,
at the police office, by the professional adviser of
Sloane, that when the grand jury found a bill Or'
Sloane was to be surrendered.
Mr. CLARKSON said there was no doubt that e
statement bad been made at the police court. ef
Mr. Justice PATTESON said if the indulgence, tic-
the peculiar circumstances, was to be granted to t'
husband that the trial should be postponed till the fie'r,i;
session, there ought to be some security afforded tb'
the wife also should make her appearance then to tal,•
her trial.
Mr. CLARIEgON said the wife was not now witli tIJ
husband, and, as far as he (Mr. Clarkson) knew, was 0 9
in this country.
Mr. HUDDLESTONE said he recollected it was stase.. sit
,
the police court, when the defendant was before
magistrates, that when application was made to execute
the warrant at Mr. Sloane's chambers he said X 1...
Sloane's friends had advised her to keep out of the we.7l,
but that she should be forthcoming when an indictalet
was found. If this indulgence was to be granted to tb
male defendant he, (Mr. Huddlestone) submitted the'
their Lordships should require that some sectit":'
should be given for the appearance of Mrs. Sloane.
Mr. CLARKSON apprehended that that was quite 0°
reasonable.
Mr. Justice PATTESON suggested that Mr. Suddle
stone had better peruse the affidavit, and then he Mir ,
be in a position to answer it. At all events, if, cadet
the peculiar circumstances, this application was granted'
bail must of course be given.
of
Mr. CLARKSON said the sureties for the appearance Mr. Sloane were, himself in 5001. and two sufficient sae'
ties in 2501. each.
Mr. HUDDLESTONE said at present he was not
condition to answer the facts contained in the
affidavit. No doubt great excitement existed iii '
he
public mind; but if this application was granted by vi
of indulgence to Mr. Sloane, he (Mr. HuddlestOcet
submitted that it was but reasonable that the defendell„
should give security for his wife's appearance. 'l,•‘;
Sloane himself alleged, that under the circumstances,
c",fi
felt it advisable to keep his wife out of the way; tit,
under these circumstances he apprehended that tuf.-r
Lordships would n quire that he should give security for
her appearance in court. Mrs. Sloane was under b%,
husband's control, and he would be able to bring bet
into cceirt.
Mr. CLARKSON said his Learned Friend (Mr. huddle,
stone), not being a married roan, know little of the (11
ficulty of controlling a wife.—(Laughter.)
Mte Justice PATTESON doubted whether such see-
erit
could ho given for the appearance of the wife, she 11°
having begin arrested.