Star.
London, England, 1824-04-28 00:00:00

ignored both bills. When the Grand Jury returned the
bill into Com t against David Ltewellin, and whilst the
Clerk of the Arraigns was looking into the indictment
for the name of the deferriant, the Foreman said—l. It
is-against Mark Howell."
The Clerk of the Arraigns answered—" David Llewellin, Gen-
tlemen."

A Grand Juror—The bill is against them jointly.
Mr. lie itmcss then appealed to Mr. Walker, the prosecutor's So-
licitor, to know against whom the indictment in reality was?
Mr. Walker—lt appears that the Grand Jury do nut understand
the indictineiq. It is against David Llewellin alone.
His Lordship called tar the indictment; and, after as-
certaining against, whom it had been preferred, said,
" Gentlemen, this indictoient is against David Llewellin
singly. Would you wish to revise your decision?"
The Jury declined the proposed revision, and the in-
dictment was received as ignored. After this,
Mr. STOE:KING, as Coumel for the prosecution, :fated
to the Recorder that he had a motion to make of rather

an extraordinary nature.- In making it he felt that much
difficulty arose out of its novelty ; he felt also consi-
derable pain in submitting it to his Lordship, because
the motion might appear to be grounded on an assump-
tion th.it the Grand Jury had not discharged their duty.
Lord Girrnitn.—Mr. Stocking, I cannot sit here to try the
Grand Jury. What is the nature of your motion?
Mr. giocktsta.—My Lerd, 1 will state to your Lordship the
substance of the affidavit on which my mntion is grounded. The

affidavit sets forth that the indictment. against flo-well was scnt to

the Grand Jury with the names of 12 witnesses on the back of it ;
that the Grand Jury have ignored the bill,l,:av'mg six of those wit-
.

nesse.; unexamined, which witnesses are sworn to be material ones;

my motion, therefore, is, that yo•tr Lordship will send the bill for
reconsideration to the Grand Jury.
Lord Gam:ars—Nit% Stocking, did you ever hear of such a mu-
tinn as this? !lave you my precedent?
Mr. STocasNo—My Lord, 1 in ver heard of :in occasion requiring
such a motion.

Lord Girroan—l am dearly of opinion that I cannot grant
your motion. I cammt sit here to try whether the Grand Jury
have done their duty or not. I put it to your own good sense whe-
ther I can entertain such a motion as this? _

Mr. STOCKING.—fIy Lord, when my client first consulted me on
the subject of this motion, I certainly was embarrasstd by its no-
velty. 1 had much doubt whit was the proper course of proceed-
ing ; but after tile best consideration that I can give the subject, I
feel tortifiej in the conviction that I am nut taking an improper

course. 1 will not, my Lord, impute to the Grand Jury corrupt
motives; for I am loth to cast on•a body of respectable individuals
an imputation which would accuse them not only of a breach or
ditty, but of a violation of their oaths. But I submit to your Lord-
ship, that through accident or mistake the Grand Jury may have
omitted to examine those six witnesses who have remained with-
out examination, anti that, on this ground, your Lordship may re-
quest them to recon,ider their bill.

Lord Girrosin.—l am clearly of opinion that I can do no such
thing.
Mr. Slocxtria.—Then, my Lord, my client is left without a
remedy.
Loid Gieromx—No, not without a remedy: yott may prefer
your Lill at the next Sessions.
Mr. STOCKING.—Of such a remedy, my Lord, I may say, as was
once said on another occasion—that it is worse than the disease.

Suppose it possible that from prejudice, arising from local circum-
stancec or otherwise, Grand Juries may be unwilling to discharge
their duties, it would be only for Grand Juries to do as had been
done this day, and we may prefer bills of indictment for ever. The
present Grand Jury have omitted to examine six witnesses, who my
client swears are material witnesses ; the Grand Jury at the Sessions
may do the same thing; so that we may be banded over from Ses•

stuns to Sessions, ad injoitunt.
Lord Girvonn.— lam quite clear that Tans bound to refuse your
motion. As I have said before, I cannot sit here to try the Grand
Jury. You can show no precedent ; and you are not without re-'
medy for the injury you may have sustained. If you choose you
may prefer your bill again.
Mr. &Tom:res.—Theo, my Lord, I will advise my client to take
a second bill before the Grand Jut y.
Lord GIFFORD.—I shall nut keep the Grand Jury waiting for
your clkot's bill.
Hi; Lordship then, after a short pause, thanked the
Grand July for their services and discharged them.