The Statesman.
London, England, 1821-05-18 00:00:00

COURT OF KING'S BENCH, Wiestuisrrsgt, MAT 17.

This morning, at the sitting of the Court, the Grand
,ln►ies for the City of Westminster and County of
Middlesex were sworn before Mr. Justice Bayley.—
John Ray, Esq. for non-attendance, was ordered to be
fined 501.

THE KIND r. MART TOMEINI.
Mr. WALVORD moved judgment against Mary Tom-
lin., for throwing a bowl of water over Mary Thorpe.
The defendant was fined fid. and entered into recog-
nisance. for her peaceable hehavionr.
THS KING C. THILIVW..
This was an indictment for libel, against the Pro-
prietor of The Champion newspaper. The Bill was
found at the Westminster Sessions, upon the prosecu-
tion of certain persons who take upon themselves the
style and title of "The Constitutional Association;"'
ani proceedings have since been removed by certiorari
into the Court of King's Bench.
Mr. BLACKBURN now moved for a rule to ,hew cause
why a list of the prosecutors should sot be furnished
to the defendant. The affidavit upon which the mo-
tion was grounded stated, in substance that Mr. Thel.
wall bad applied, by his Attorney, to Mr. Charles
Murray, Secretary to the" Constitutional Association,"
and solicitor to the prosecution, for a particular of the
prosecutors ; aad that such particular had been re-1
fused to him ; that finding, upon the back of the in-
dictment, the names of Horatio Orton and George Ste-
vens, the defendant had gone to the office of " The
Constitutional Association," in Bridge-street, Black-
friars, and had there learned from Mr. Sharpe, assist-
ant secretary to the " Association," that Orton and
Stevens were not his prosecutors : that the defendant
haJ since discovered Orton oud Stevens to be clerics,
the one in tl.e society's office ; and the other, a lad of
19 or 19, in the Stamp-office ; and that they were
merely intended to prove the purchase of the libel, and
the property of the paper : and, finally, that without
the names of the prosecutors, the defendant could not
safely go to trial. The affidavit also stated Mr. Thel-
wall's belief that the " Association" consisted of seve-
ral hundred persons. Now the Court, Mr. Blackburn
trusted, would see, upon three grounds, the necessity
of the document which he prayed. First, in case of
malicious prosecution ; against whom, if the prosecu-
tors were unknown, was the defendant to bring his
action ? Next, in case that costs should fall upon the
the Irrosecution ; to whom could the defendant look for
the payment of such costs ? Last, the indictment was
laid by an association; unless the parties constituting
that association were known to the defendant, how
could he be sure that some of his prosecutors were not
sitting upon his jury ?
The Cocav thought the application for a list of pro-
secutors so novel, that, to lean to it, would be to estab-
lish a dangerous precedent. It was important, how-
ever, that the defendant should have the means of pu-
rifying his Jury ; and. without granting the rule de-
manded, that object might be accomplished. if the
cause was tried by common Jury, it would be compe-
tent to the defendant to ask each Juryman as he came
to be sworn, whether lie was one of the prosecutors,
or whether he was a member of "The Constitutional
Society." In case a rule for special jury were granted,
the Court would order that the defendant should re-
ceive a list of those Members of "The Constitutional
Association" whose names appeared upon the Special
Jury List.

TEE RING V. THE RSV. R. ■LACOR%
The LORD CHIEF JusTice thought it better that
this case should not come on in the absence of Mr,
Justice Best.
Mr. BROUGHAM regrette4 that any circumstance
should occasion delay. The effect of the proceeding
was lost, if it was not taken within reasonable time.
The LORD Cuter JUSTICI.--It will be sufficient if
the rule be made absolute this Term.
Mr. BROUOHAM.--YeS; but if your Lordship should
happen by any accident to listen to the very extraor-
dinary argument of•my friend Mr. Park, as to excul-
patory affidavit, that would throw the matter over at
le‘st another day.
The LORD Cetar itrITICZ.--1 think it ought not to
come on unless all the Judges were present.
Mr. BROUGHAM, of course, could offer nothing fur-
ther.

PREROGATIVE COURT. May 16.
SMITH V. PIIIIIIRTON.
Ibis was a testamentary cause, the facts of which
pawls Jo great or peculiar share of public interest.
Lot have been deposed to at a very extraordinary length
:.rd have cecupled the Court several days in the bear-
ii g. he testatrix, a widow lady, died un the 3d of