The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1844-09-10 00:00:00

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Lord COTTENHAM said, that after the fullest conside-
ration, he had come to the conclusion that the opinion
expressed by the majority of the learned jir'ges was wrong.
He had formed his opinion early in the argument, and had
heard no reason given why he should change it. The
noble and learned lord examined at length the various
cases upon the point of the indictment containing some
defective counts, and expressed his opinion that on that
ground the judgment, having been pronounced upon the
indictment generally, was erroneous.
Lord CAMPBELL, after stating his opinion that the in-
dictment contained some good counts, that the plea in
abatement was bad, and the continuance of the trial legal,
addressed himself to the question of the challenge to the
array. The parties ought not to have been tiled by a jury
struck from the defective list, but on the challenge the
panel ought to have been quashed. On that point, how-
ever, after the opinion of the learned judges, he should
have hardly felt justified in voting for a reversal of the
judgment; but agreeing with Nlr. Justice Coltman and
Mr. Baron Parke in their opinion on the point of the
judgment having been given generally upon the indict-
ment, notwithstanding the defective counts, he thought
that the judgment could not be sustained. The noble and
learned lord concluded by moving that the judgment be
reversed.
The question having been put by the Lord Chancellor,
Lord WHARNCLIFFE recommended such of their lord-
ships as were not learned in the law, and had not heard
the whole case, to abstain from voting, on the ground that
their voting might lessen the authority of their lordships'
house as a court of justice.
Lord BROUGHAM, lamenting the decision of his noble
and learned friends, agreed in the recommendation of the
noble lord. _ . _ _

The lay lords accordingly retired behind the woolsack.
The amendment of Lord Campbell vas then put, and
carried in the affirmative.

The judgment of the court below therefore stands re-
versed.

[Some slight misunderstanding appears to exist in re-
ference to some of the Judges consulted on this important
occasion. The general inference drawn is, that those
Judges who were absent were adverse to the decision of
the court below. This, however, is not the fact. Mr.
Justice Erskine sent in a written opinion, concurring in
the views of Lord Chief Justice Tindal, while the other
absent judges. Mr. Justice Cresswell, and Mr. Baron
Rolfe, and the Lord Chief Baron. Slr F. Pollock, (who
left the House of Lords immediately after giving his opi-
nion in Gray v. the Queen,) took no part in the proceed-
ings of O'Connell v. the Queen, in consequence of not
having been present at the arguments o❑ the writ of
error. Mr. Justice Coleridge wrote a letter to Lord Den-
man, expressing himself of the same opinion as his lord-
ship on the right of the traversers to challenge the jury.]

PROROGATION OF PARLIAMENT.

On Thursday Parliament was prorogued, by Commis-
sion, with the usual formalities. The following is a copy
of Her Majesty's Speech :
" My Lords and Gentlemen,
" We are commanded by Her Majesty, in relieving you
from further attendance in Parliament, to express to you
the warm acknowledgments of her Majesty for the zeal
and assiduity with which you have applied yourselves to
the discharge of your public duties during a laborious and
protracted session. The result has been the completion
of many legislative measures calculated to improve the
administration of the law, and to promote the public
welfare.

" Her Majesty has given her cordial assent to the bill
which you presented to her Majesty for regulating the
issue of bank notes, and for conferring certain privileges
upon the Bank of England for a limited period.
" Her Majesty trusts that these measures will tend to
place the pecuniary transactions of the country upon a
sounder basis, without imposing any inconvenient restric-
tions on commercial credit or enterprise.
" We are directed to inform you that her Majesty con-
tinues to receive from her Allies, and from all Foreign
Powers, assurances of their friendly disposition.
" Her Majesty has recently been engaged in discussions
with the government of the King of the French on events
caleulatzd to interrupt the good understanding and friendly
relations betweens this country and France.
" You will rejoice to learn that by the spirit of justice
and moderation which has animated the two governments,
this danger has been happily averted.
" Gentlemen of the House of Commons,
" We are commanded by her Majesty to thank you for
the readiness with which you voted the supplies for the
service of the year.

" Her Majesty has observed, with the utmost satisfac-
tion, that by the course to which you have steadily adhered
in maintaining inviolate the public faith, and inspiring a
just confidence in the stability of the national resources,
you have been enabled to make a considerable reduction
in the annual charge on account of the interest of the
national debt.
" My Lords and Gentlemen,
_ _

" Her Majesty desires us to congratulate you on the
improvement which has taken place in the condition of
our manufactures and commerce, and on the prospect that,
through the bounty of Divine Providence, we shall enjoy
the blessing of an abundant harvest.
" Her Majesty rejoices in the belief that, on your
return to your several districts, you will find generally
prevailing throughout the country a spirit of loyalty and
cheerful obedience to the law.

" Her Majesty is confident that these dispositions, so
important to the peaceful development of our resources
and to our national strength, Will be confirmed and encou-
raged by your presence and example.
" We arc commanded -by her- Majesty to assure you
that when you shall be called upon to resume the discharge
of your parliamentary functions, you may place entire re-
liance on the cordial co-operation of her Majesty in your
endeavours to improve the social condition, and to pro-
mote the happiness and contentment of her people."