Star.
London, England, 1825-06-23 00:00:00

IN THE MATTER Or SIR GREGORY PAGE TURNER.

Upon an application being made to restore the lunatic petition in
this case to its place in the paper,
The LORD CHANCIMLOR remarked, that Mr. Corbett had applied
for access to the lunatic, whist) order he had refused until Mr. Cor-
bett had answered certain allegations in the affidavits on the other
side ; intead of which, he had made application to the Court of
King's Bench,and obtained his object.-.. The application was granted.

COURT OF KING'S BENCH, JUNE 22.

JUDGZ V. COL. BERKELEY, LORD SUSSEX LENOX, AND

LIEUT. HAMMOND.

On a former day in this Term, Mr. Phillips obtained a conditional
rule for bringing back the venue in this cause from the county of
Gloucester to Middlesex, where it had been originally laid, or
changing it to an adjoining county.
Ms. TAUNTON now shewed cause against the rule.
He observed that the rule had been obtained on the
ground of the influence which Colonel Berkeley's pro-
perty, along With his position in Gloucestershire as a
Colonel of Militia, the founder of a political club, and
the President of the Berkeley Hunt, would give him
over that class of persons of whom a Special Jury was
composed, to the prejudice of a fair trial. He had the
affidavits of the defendants in answer. It was not denied
that Colonel Berkeley was Colonel of the South
Gloucester Militia, and likewise that he was a member
of a political club, though he did not admit he had
been its founder; he was also a member of the Berkeley
Hunt—but this question was neither of a political
nor a sporting nature. He also staved that his
property lay not at Gloucester, where the cause would
be tried, but about the town of Berkeley. There
was nothing to shew that he had more influence
than any other Country Gentleman or Magistrate
who resided on his estate; and there was no more
reason for depriving him than any other person of that
class, of the benefit of a fair trial is his own county.
Indeed, every person of rank and fortune might be said
to have similar influence.. Thy plaintiff, as editcr of a
newspaper, had h mself more means of influencing a
Jury than Col. Berkeley. He truster their Lordships
would allow the trial to take the ordinary course, and
I discharge the rule.

Mr. C.omessu.foUowod on the same side.

Mr. SommeTr, in support of the rule, argued that
the rank, fortune, political, and other local connettions
of the defendant, were likely to operate to the preju-
dice of a fair trial, and consequently afforded a reason
sufficiently strong for removing the venue from
Gloucestershire; and if that were the case, he contended
that it ought to be brought back to Middlesex; for
when a ground appeared for not going ea trial ia the
county where the cause of action arose, the general
right reverted to the plaintiff of laying his venue in any
county which he thought proper. Here he bad origi-
nally laid it in Middlesex, and to that county it ought
now to be brought back. This he thought was com-
mon tense as well as law.

The Loan Cntsr.Josiz. cz—llsve you any objection to try it in
Worcestershire?

Mr• Scaauter.—My Lord, we feel 'hat is too much in the vici-
nity of the defendant's influence.
Mr. Putt.t.tre on the same side, said be bad nothing further to
add, but to remind their Lordships that Colonel Berkeley was also
a Magistrate of the county of Gloucester.
'lle Comm.—We do oottthink sufficient cause has been 'hewn
to bring hack the venue from Gloucester to Middlesex;. but we
will make the rule absolute, under the circumstances, fur changing
the venue into lierefordshire.—Bule absolute.