The Sun.
London, England, 1858-02-01 00:00:00

Costs of all parties to be paid out of the estate.

ROLLS' COURT.
(Before the Master of the Rolls Sir John Rawllly.)

EYANS V. EVANS.
Judgment poeponed.

COURT FOR THE CONSIDERATION OF
CROWN CASES RESERVED.
THE EOLTON MURDER.
THE *WIEN ♦. AARON MELLOR-JUDOMENT.

In this case Aaron Mellor was tried at the last Liver-
pool winter assizes, before Mr. Justice Wight/nee, for
the murd( r of his wife Alice Mellor, at Dolton, Lanca-
shire, found guilty, and left for execution. The day
atter the trial it was discovered that by mistake a jury-
man on the panel, earned William Thornley, answered
to the name of Joseph Henry Thorn, went into the
box, was sworn, and acted with the others, and it was
contended that the trial was void ; and as the prisoner
bad been put in peril, he could not be tried again, and
ought to be discharged. Mr. Justice Wightmaureepited
the prisoner, and reserved the point for the considera-
tion of the Court. Oa Saturday week last the case was
argued before Lord Campbell, Lord Chief Justice Cock-
burn, the Lord Chief Baron, and eleven puiiine judges.
A. point was then raised that the Court had not jurisdic-
tion, the point reserved by the learned judge being one
of fact after the trial, and not of law on the trial, the
Court being constituted alone for the consideration of
points of law raised on the trial of a prisoner. The
point being an important one, the Court took time to
consider their judgment. This morning the 14 learned
judges reassembled to deliver their judgment, when a
great difference of opinion appeared to prevail.
Lord Campbell first delivered his judgment. He said
that after a careful and attentive consideration of the
act of Parliament, the 11 and 12 V►a., chap. 7E, under
which the Court was constituted, he aansi lered the
Court bad jurisdiction. The mistake having been die
covered during the period of the commission, and the
prisoner respited by the judge who tried the case, the
point relative to the swearing the wrong juryman was
a point of law, and might be said to have arisen on
the trial. It was necessary that a wide significance
should be given to that part of the aot, and be
considered the case came properly before them on
a point of law instead of being raised on a writ of
error. The noble and learned lord then entered
into the details of the case, the authorities that
bad been quoted in the course of the argument, *end
quoted from " Blackstone" in reference to the constitu-
tion of juries, and gave it as his opinion that is this
case there bad been a mis-trial, and that a !venire de
!novo should issue, becase the prisoner had suffered no
njory and had not been prejudiced by the first trial.

Lord Chief Justice Cockburn concurred i• the court
having jurisdiction in the matter that there had been a
mistrial, and that a emirs de nefo should issue. No
injury had been inflicted in this case by the trial, but it
might have happened, and it was essential to a fair and
honest trial that a prisoner should have a right of chal-
lenge, which be was debarred from when a juryman
answered to a wrong name. A prisoner or his friends
might know by name a jaryman who was hostile to him,
and had a prejudice against him, whilst they might
know him personally, and so do hint a great injustice from
his being deprived thereby of his right of challenge. For
such a case he Gould see no remedy, and he wished our
criminal procedure was each that the courts could ascer-
tain on facts brought before them that a prisoner, by
such a mistake, had or had not been prejudioed on his
trial. Two serious inconveniences arose under the pre-
sent law—either that a guilty man might escape with
impunity or an innocent man be placed at the mercy of
the advisers of the Crown. The only remedy that there
appeared to him to be in this case was to hold that this
was a mis-trial, so that the ends of justice might not be
defeated, seeing that the prisoner had not been preju-
diced by the trial that had taken place.

Lord Chief Baron Politick said that the Court had no
jurisdiction in this case, and that the proceedings should
have been by writ of error. The Court bad no right
to order a new trial, and he very much doubted if they
did whether the prisoner could not move for a habeas
corpus for his discharge, and whether they could try him
again. The Court was constituted to reverse, affirm, or
amend points of law decided on the trial of prisoners,
and to give to the provisions of this sot the construction
laid down by the learned judges who bad preceded him
was far exceeding their duties, and by so doing they
were usurping the duties of legislators, which it was
never intended they should do.
Mr. Justice Coleridge, Mr. Justice Wiihtman, Mr.
Barer. Martin, and Mr. Baron Watson held that there
had been a mis-trial, and that a venire de novo ought to
issue.
Mr. Justice Erle, Mr. Justice Williams, Mr. Justice
Crowder, Mr. Justice Crompton, Mr. Justice Willes,
Mr. Justice Byles, and Mr. Baron Channell held that
the conviction was good.
Eight judges being of opinion that the conviction was
right, and six only that there was a mis-trial, the esonvic-
btieoncawrraised Par eeif:ll,ec.atnd the sentence will be directed to

The Royal S.iciety has granted a sum of money to Mr.
Robert Mallet, from the Government Grant Fund to
dangerous itlllPUßilialnss,
enable that gentleman to make researches into the phe-
nomena of the recent earthquake in Italy. Mr. Mallet,
who is provided with letters to the Neapolitan govern-
ment, including some documents of importance from
from Dub-
lin,Dunga n
consultationnc .
Cardinal Wiseman, left London last Tuesday for the
scene of the late disasters.
presentWAe p(AN csifuo:yeGriTnle
giteguilfp
under
THEr)Oarnhaav t e leeEkalrßonefrad, with feelings of
the most sincere regret, that the Earl of Ranfurlyis a- t-
park
Crampton has been summoned by telegraph, Sir Philip
bmaiglybereensidmeentcein
Armagh, and Dr. Bernard, of Duu by
Dr. Cuming, of
atthaendfa
sympathy has been deeply moved by gau"ll.
Public
most estimable and highly-respected the illness of this
nobleman
reference to its issue, we ferventl h ; and, in
long, have favourable intelligence y ope we may, ere
to communicate.