The Statesman.
London, England, 1821-12-15 00:00:00

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LAW* INTELI;IGENCg:
COURT OF KINO'S BENCH.—Dec. 14.

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THE " CONSTITUTIONAL ASSOCIATION.''
TUI KING V. DOLBY.
This was an indictment against the defendant for
publishing a supposed libel, as we understood, of and
Concerning his Majesty, prosecuted at the instance of
the Society of personsealling themselves " The Con-
stitutional Association."
The prosecution was conducted by Mr. 01/ReitY and
Mr. TINDAL ; the defence by Mr. SCARLerT, Mr.
BILACROVIINS, and Mr. Joshua Evens.
The case of the King v. Thelwall. Esq, had send I
first on the list of the Association WISH appointed for
trial this day, bat for some reason which we could net
collect, the Kim e. Dolby took precedence. The
Special Jury List winced for the trial, haviag-iteett
' called over, only three Gentlemen appeared; upon whiik
t • Mr. Ouspeav said he would pray a tales ; and prayed
, ugly.
er, Atmore—My Lord, as Mr. Gurney has pray-
. ed a tales in this state of the business, I prep .se to
challenge, the array for usiadifferency in one of the
Sheriffs, who has returned the Common Jury panel.-
1 am instructed that John Garrett, R.I. Alderman,
and High Sheriff of the county of Middlesex, who
has returned the pawl from which the talesmen are
' sow to be chosen. Is one of the subscribers towards
defraying the 'spelt** of this prosecution ; that he is
a Member of the " Constitutional Association." and
coasequeatly that he is not competent to return a pa-
nel to try this indictment, it being a prosecution of
his own. I take this objection on the authority of a
cave in Leach's Crown Cases, the King v. Smith.
Mr. Gunnar —The regular way is to challenge the
array.
The Cuter Jcsilcz--Certainly it is. I understand
Mr. Scarlet' to be stating his objection as a matter of
challenge to the array. I suppose, Mr. &arias, you
are prepared to present your challenge ?
Mr. Scast.wrx—Certsialy, my Lord.
The Cuter Jos:lca—Then band it in.
Mr. SCASLETT handed is his challenge, which was
reduced to writing on paper, aud read by the Clerk
at Nisi Prins, to the following effikt:—
" And hereupon the said Thomas Dolby prays judg-
ment of the panel of the tales aforesaid, because, be
sum that be is prosecuted by certain persons. styling
themselves "The Constitutional Association." and that
the said palterer' the tales has been made by ---
Venable' and iota Garrott, Esquires, Sheriffs of the
county of Middleton ; and he says, that the said John
Garrett, Esq. at the time of thaisaking the said pa-
nel, was one of the subscribers to the said Association,
and of one the prosecutors of this indictment, which
- he is reedy to verify ; wherefore he prays judgment
that the said panel maybe quashed."
The CHISF JUSTICE—DOSS Mr. Gurney propose to
demur to this challenge?
Mr. 011111IST requested te see the challenge. and it
• - having bees !waded to bias, be said—Properly speak-
ing it ought to be en parchment, and not on paper.
The Curia Juirica--.of course the panel will he
ott into the font Is which the defendant means here-
after to abide.
Mr. Scaniarr—li am somewhat surprised at such
`•.' Ass objectioa. Whetherthe challenge is on paper or
parchment, signifies notbiug at this moment. Cer-
tainly it will afterwards be reduced to parchment, and
must be made a part of the record like other pro-
ceedings.
The Cuter Josvtee—Do you demur, Mr. Gurney ?
Mr. Cluarszy—No, my Lord ; I take the Issas upon
the fact stated in the challenge.
Mr. Scsuierr—My Lord, I don't require my
Friend to put his joinder of issue into form. Tryers
must be swern,but sone persons must return those tryers.
The Cuter A:ellen—The Court appoints tryers.
That was the course adopted at Maidstone some years
sieve. On that occasion two of the Gentlemen of the
Jury, who were not challenged. were appointed tryers.
to this case three of the Special Jurymen appear, and
I don't know that I can appoint mere proper persons
than two of those Gentlemen. There can be no ob-
jection to them.
• Mr. Sceat.srr—My Lord, I apprehend the chal-
lenge goes to the Special Jury as well as to the Com-
mon Jury pawl.
- The Cane JtISTICS—NO, Mr. Scarlett, it does not
io,to the Special Jury. Their appointment is an act
of the Court, and not of the Sheriff. Year challenge
is as to the array of the tales. It seems to me that
two of the Gentlemen who have appeared are as indif-
ferent persons as can be well selected. I really men-
tioned them um being two of the most indifferent

gersons.
Mr. OURNIT—At Maidstone. Mr. Justice Buller
said, that the usual, course was to take souse of the of-
ficers of the Court as tryers.
The CHIC/ JUSTICII-4t NOM to me that I cannot
elect two more indifferent persons.
William Fisher, Req.. and James Taplin, , two
of the gendennn above-mentioned, were thee Were/
" well and truly to try► whether, at the time of the
waking the panel in question. John Garrett, Esq., one
of the Shim ids of the county of Middlesex, was one of
the prosecutors of this indictment."
Mr. ScoaLarr shortly opened his case in support
of the eh:linage, and proposed to Ant'', that Mr. Al-
derman Oarratt, at the time the panel was tuade. was a
member and subscriber of the Association, and conse-
quently incompetent to make a return. The following
wi;nesses wete thee called:—
Mr. Nettlefold, attorney for the defeadant, deposed,
that he attended before the Master of the Crown Of-
fice, to reduce the Special Jury Panel, for the trial of
this indictment, is May last. but before he did so, he
rilnired of Mr. Murray. the Solicitor for the prosecu-
tion, a list *lobe names of tbe " Constitutional
riatioo," Mr. Murray. having isfornied him that the
Association were the prosecutors. In consequence of
this regaisi•ion, Mr. Murray seat him a list on the
2ilth of May. which the witless new produced. In that
list he boned the names of Sir George Garrett. and
John Garrett. Esq.. Alderman. Opposite the latter
gentleness's name was a saheeription of five guineas,
mad eneeite that of the former a subscription of one
guinea. Witness knew Alderman Oarratt as a_ public
was. He believed that the Alderman Oarratr men-
' as a subscriber in that list, was une of the pre.
High Sheriflli► of. Middlesex, sod the gentleman
bad returned the panel in quostiois. The indict
was festal by t►e Grand Jury on the 16ib of May.

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