The Statesman.
London, England, 1818-08-17 00:00:00

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74

11 ASS.

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GLOUCESTER ASSIZES.

MONMOLTI
The Co.nnirsion was opened here on Monday
evening, and-besiners cafilienced soon after
on the follissitarday. be witty of causes on the
Nisi Pries tide wis annually great, amounting to
'nineteen in number, ot wbich five mere Special Juries.
On the Crown side ',lsere were fifteen prisoners,
whose cases, althnegh not of a Very interesting na-
ture, yet required ranch thee fo iovestigate.
The whole of Teesdayosiatil half-past ten at night,
the Nisi Prius Court, in tikich Mr. Baron Garrow
presided, was occupied In the trial of Common Jury
',causes. Of these two only were tried : the second
engaged the attention of the Court until seven
o'clock, when the Jay retired to consider of their
Verdict.
Previous to ibis CDS being brought to a con-
clusion, anticipatieg the impossibility of trying the
remaining causes, Mr. Baron Gm/noir-addressed the
Counsel on that subject, and pointedoot the neces-
sity of coming to some determination ai to what
was to be done. An arrangement was then made
for the settlement, by reference of some of the
causes, and three it was agreed on all hands
should be left as remanets for the ensuing Assize,
two of which were Special Juries. His Lordship
then gave orders that preparations should be made
for his departure to Gloucester the moment be left
the Court, as, in consequence of Mr. Jamie, Hol-
royd having still much to do at the Crown side, it
became imperative cm him to go on to open the Com-
mission at that place. As soon as the Jory had re-
tired, his Lordship proceeded to his lodgings, from
whence, at half-past eight, be set out for Gloucester,
his carriage being drawn by the mail coach horses,
which were far superior both in 'trent b and fleetness
to the wretched post-berses of the town. He was
driven to Ross by the mail coachman.
Mr. Williams, the associate, was left behind to
-take the verdict of the Jury, who remained locked
up until past ten o'clock. Soon after this hoer, Mr.
Justice Holroyd completed his arduous duties on the
Crown side.

SINGULAR LEGAL DIFFICULTY.
A. most extraordinary, and indeed an impute/dent.
ltd circumstance has jest occurred in the city of Glou-
cester. On the evening of Wednesday last Mr. Ri-
cords, the High Sheriff, and his retinue, proceeded
about ten o'clock, in order to meet the Jades, Sr
W. Gsrrow and Mr. Justice Holroyd, en their way
from Monmouth, where the business had detained
them rather an usual time.
Sir W. Gsrrow hail come forward from Monmouth
with the utmost expedition; but all his efforts did
not enable him to reach Gloucester before 12 o'clock.
When Sir William was in the Sheriff's carriage, Mr.
Ricardo suggested the probability of the illegality of
opening the Commission no The mirky instead of Wed-
nesday, which was the specific day.
This at first did not forcibly strike Sir William as
a serious objectism, and he opened the Commission
as usual. In the morning the Judge, Sheriff, &c.
attended the (herd), and the Assize Sermon was
preached by the Bev. J. Hitchings. The Grand and
Petty Juries were sworn in, and other proceedings
commenced. Mr. Justice Holroyd arrived in Glen.
cester shout three o'clock in the afternoon of Thurs-
day, and a consultation was held on the subject of
the non opening of the Commission on Wednesday.
Mr. Jarvis, Mr. Dauocey, Mr. Pogb, sod several
ether Gentlemen of the bar, gave in their opinions, and
at length it was determined that greet mischief, both to
the ,Crown and Civil Side of the her might ensue,
thould the Judge proceed to trial under these extraor-
dinary circumstances. The Court was therefore ad-
journed till this morning (Saturday), and the Under
Sheriff meanwhile went all express to the Chancellor,
in order to have his opinion, and to know if the busi-
ness of the Assize could be legally proceeded on, or
if it was 'necessary that a new Commission should bel
issued. Gloucester then became a scene ne consider-
able confusion. Lawyers and their Clients were
seen running in ail directions. The witnesses, all of
whom were obliged to remain at Gloucester, were
lamenting the loss of time they should sustain. Bar.
sisters were renewing their terms of lodgings, and
indeed nothing covidoqual the confusion of the City
of Gloucester, when the tidings of the adjournment
were made known. The consequence of proceeding
to trial were not at first 'conjectured. They might
have been of the most lamentable end mischievous
kind. Prisoners might have been deemed illegally
punished; decisions in lawsuits would have been
null • sod even the Sheriff himself, had he proceeded
to 'the *wittiest of a patent" of death, might have
been Indicted for wilful murder.—The anxiety that
pervades the City, it is probable, buy not speedily
be terminated ; for it is entertain how soon the
Chancellor may decide the momentous and unprece-
dented question. His Lordship say even think k
necessary to somata a meetieg of the Privy Coeacils
and at this season of the year such a meelieg cannot
be speedily assembled. From the evil and the iocou.
valence, however, good may eventually proceed,
and tbe present necessity there is for a Judge in
propria persona to open the Commission, may be set
aside, and a Serjeant sent forward for this peeps's.,
when the badness of the preceding Melees is of ma.
*seal magnitude.
The following is the speech of Mr. Dem Garrey.
ho the Grand Jury, esplaining to them the sees-
pedal difficulty in which the Court was placed :
GISTLIDECN Or tan GRAND .117alre-h may
be people that I Should exploit' to you the course
which, In the very distressing, end, to use, eery
afflicting, circumstances ha which my Learned Brother
' and myself are placed, we have thought it most en.
pedient to take. It Is mow, Gentlemen, perfectly
well known to yen all, that, is consequence of the
great pressure of !milieu at the last county frees
which we have come, notwithstanding weary possible
diipatch was used, I dill tact arrive in this place
till some minutes after midnight. The Cambia°,
under which we were appointed to assemble here To.
quirod that we should commence our duties on the
Wednesday. it has been the, usual course to open
the Commission on that day, sad, generally nothing
more has been (lone • the Court adjourned to the (al-
lotting day. On the roust occasiou, the Commis-
'Ken, from the unavoidable circumstances to which I