The Statesman.
London, England, 1819-05-01 00:00:00

l'ilE S rATESMAN;

LAW INTRI.LIGhNCE.

COURT OF KING'S Aram ;0.

ARTICALFs OF TIIK PKAFE.
Tilt I%RL OF lIMILET V

John 11111 h. Karl of Dagoley, Visrosof
viol* hiln Court. and by the steal coartosy, took
I.it ►qt On the Bench. Ills I.nrclthip then eshibierd
"id" of oh" Posey ovinto Mr. 11lino.. Thew wore of
Frost 'owl,. and rootalood there., ageing, the latter.
of haring followori the Noble Earl in France, Jody,
sod England, gluey, carrying yistols in Li. pocket,
mod •sing langosge, sod coudoctiog tiarself in • way
Which end.orred the minimal safety of his Lord.
►hip. It will be rworearberod that the conduct of this
Gentleman For been bolero the l'oblie on former
creobiem, of et. atterv, on the eshibiiiiro of the
Noble Earl. Whew the anklet had been read, t►e
of Darntoy wit swore to thee.
Mr. Graxer, his Corrosel. stated, that as 114.
].o►dship did riot wish to wee► for a warrant, he
Otoold merely mote, that the Gwent would oblige
Mr. Wish to site 'Toper wearily for preser►iog
. .

The COURT lied together, end orde►ed that
Sir. MO should Ilse severity, himself in 60001.,
end two sureties in 30001. rich, for fire 'ears.

THUM; V. ALTER, AINNEAII, WOOLF, LITT,
AND OTHIRS.

It will be recell•eted that this was an indictment
ogalost the Defendants for • conspiracy. in having
eel ep certain of thew, who wore Morally beaters.
for opolent onerchante, in order that, by their means.
they right fraudulently obtain largo quaotitios of
emit.
The case was tried before th• Lord Chief Justice.
al (I•1Idhall. and was Teri' folly reported in Tix
STArtsmist of the 41.1 and 4441 of-fhb month. A
..rdkt of Guilty was returned against Kisumu,
lin•lL_and Levy. _ _ _

Mr. Scautari, who was Counsel for Woolf, new
snowed to set Bride the verdict. He stated, that the
trial had lasted two days. On the first day, it cc.
espied she Court from the time of it, sitting till
eleven o'clock at night. The Jory were then dig-
petted, and slept at horne that night. This was sap.
posed to be an irregelatity. Ills Client had sworn
that he did net knew the fact before the verdict was
delivered.

Mr. Count; SEP./WANT, who was Counsel fee
Levy. mid, that he had a similar motion to make.
Ilis Client bad she sawn that he was not 'Ware of
the separatism et the Jeri till afte► the verdict.

Mr. D&XNAN aid, h; had the some motion to
mike 64 hie Chest, Kinnear, supported by a simi-
lar elitlerit.

Mr. SCABLtTT mid, be yell clearly of opinion that
11:e proceedings in this cave had brim Jumpier. He
had not had meth time to look into the hooks, bet
be cemetived that the aothoritivs which be had con-
sulted were is 'Motif of his application. Ti.. first
eau shish he had met with on aria subject was that
of 1' Roam v. Smith," reported in Sir Gefre,
Pollster's Reports. my 380. Trio. 21. Jet. 11. R.
It we. so action of +omen', sad aroma verdict had
been given for the Pisiatiff, the Coed was informed,
that three of the Jery hod sweet-mesis sheet them,
bet that they had net brew given to them by either
wf the [mum, and that they had sot oaten them.—
The Court said, that that did trot reader the verdict
suspicious, bat that it was finable as a mistleareanoer.
It was also awed, that the lfailil who had custody
of the Jury had not been seem. TM Secondary
said, that it was not usual to swear Ma. The Clerk
of the Crowe and his Secondary mid, ihat it was?
usual in Meisel caws. The Chief Jerk, Lea, then
ordered, that in future the Bailiff should be sworn
In • civil as well es in • cassias' case. The seat as
which the Learned Counsel had found was that of
Lord Dolaerre, who was tried before the Lord Iligh I
Steward for High Treason. (1 Jet. ) That case
was reported in 4 ll.rgrmu's St. Tr. p. 210, its
which Lord Chief Justice Ilorbert mid, that la a
Trial by Jury, the Jury could not be discharged till
they had given their verdict, lest they might be cor-
mewed I and that it use meal to seem an dicer to
keep thee. The 11,st case of misdermamar which
hi bed met will, was that of Dist betk Canning, who
was tried at the Old Wiley on the 29th *1 April, the
Ist of May, and I cisjs afterwards. In that
ease, it did not sppear what bad become of the Jury.
The Jury hroeght in a verdict, peaty of perkily,
bet not pill of wilful and corrupt perjury. They
were laid that that verdict could not be received,
whom they retired and returned with another verdict.

Mr. Gvantv, who was Counsel for the prows.
lien 'sabot the present Defessdersts. staled, that on
the trial of Hardy, Mr. Jetties, Boller said, that Mr.
Atavisms Newman had informed hies, that in Can.
oing's case the Jury slid separate, far be had spent
Si., evening with use of limn.
Mr. SCAOLITTNid, that whether that were dose
by consent or not did not appear. It was, therefore,
rot a precedes., either one way or the other. In
cases of felony, nod I. cams of treason. the rule
weight bedlam's' from what it was in misdemeanours;
bet he was not swore of any mesas for that distioc.
lion. The noses for not goalies the Jury le sopa.
sate was, that they might not be tampered with by
nun side or tbe ether. Tim present was • proseco.
ties which bed excited In tho city of Londe. a very
great eassation, and some of the papers, after the
proceediogs of the brat day, lad published a very
strong epistles on it. It was a remarkable fact also,
that wises the verdict wee give', there was a public
reclamation in the Omit, which showed that the
verdict was highly prised by those who beard it. It
was very encoussioss is Ibis country to hear saclike's.
lions in • Coon on a verdict of conviction, thoegh
thee were sometimes heard no verdicts of acquittal.
The Loss Culls Juvrtr• observed, that there
•as certainly a shoot of applseso when these De.
fer.da ate were convicted, and ha was greatly ashamed
of that iodecorem.

r. Sc.% itt.t.TT continued. Ile said that he hadjast
recollected a rase which saw tried at 'look, before
the Lord Cbiel Duels Thoaspeon. In that ease he
• as Counsellor the Defendant. There was an ed.
j tararecut ef the Court, and be prayed for it. The
Chief Baron allowed the Jery to separate, stating,
that he relied en astir heswer that they would not
•• bet soy aloe to welt to them.
Mr. Justice Dm etwerved, that he remembered •
t*se, in Saucy, for en assault ors a Custom Louse
E..er, its shads the .119 gm, safF:tctl to divert,.

Mr. Sceitivire, in camisoles, sell, that in tbe
este of Lord Cnebreee, the Jory did ma &sp.'s.;
they were attended so their roes by on Officer, end
kept together.
Mr. Guinew believed Oust the, fact was otherwise.
lie bed esiderstood frees ono of the Jery whom he
row lately. that they went knew, and lb. ',oersted
Jody, desired dem sot to bete soy coesseeication
wittribor body.

Mr. SCA aurrt repelled his opinion that lb. Jury
could not he disclarged, or be allowed to separate,
till t►ey had giv►n their verdict. It was elver that
this was t►e ancient practice, and the reason of is
was for fear of corruption end tampering with the
Jury. An orncer was sworn fa keep the Jury too
amber, without permitting Mont to separat►. or any
one to converse with them ; for though the law re-
quired that honest mea shoelti be reterned upon
Julies (and without a known objection, they were
presumed to be probe etkgnks hombres), yet, in the
tangoes, s.f Lord Chief Jessie. Iletbert, they were
week men, and perhaps might be wrought upon by
sedge applications.

111 r. C 03161011 SIZIJEAI4IT said that hi, Client (Lowy)
had sworn that he did not know the feet of the se.
potation of the Jury till after the trial : he op.
pteheadird that it we, the practice of the whole Cri.
&sal Lew, from the earliest time, that the Jury
should not be allowed to disperse till they had given
their verdict. The 'practice *es not confined to tree.
son sod felony, as in the rase reported In Sir Gefrey
Pelmet ; it was held that in all eases a Bailiff should
be sworn to keep the Jetty together. It was a prin.
tire of law to keep these from all *sternal influence;
and unless turret consent be given by all psi.
parties esinatined, it nes a inis.trial, and the
I Jiffy had acted in a way that would avoid the vet.
diet. This, he contended, was the general principle.
Ile would now trouble their Lordships with some roe..
which be conceived to he directly is point. lo the
book, entitled Trials Fer Pelt. p. 249, It mei de.
elated that a Jury ought to be kept together in some
ient place, and that none should be suffered
to speak to them. 1• the present case the Jory had
dispersed before they received any casting from the
Learned Joke: is fact, his Lordship was net swat•
that they intended to sepersty. If is any core the
dispersion of • Jury could he dangerous, it was par.
titularly so in this case: for here • great ferniest
war recited in the peblic mind, sod the verdict was
received with shouts of applause. In Trials per
Pais, p. 252, which retorted to Cr.. car. 189, it I
appeared that after the Jury had retired to consider
of their verdict, on, of the witnesses bad hymn es.
entitled by them; and though it appeared that the I
'widest* so given was to the some is effect as float
given before, )01, on complaint to the Count, it was
held that the verdict was not good, sad a new trial
was awarded. In the same book, p. 283, in the
case of Webb at. Taylor, la Tiles. Term, 1663, thei
verdict was set •side, because the Jury, without con.
wet of the Court, had taken with thee pares eon.
',meted with the ramie, parts only of which bed been ;
reed in evidence, though they declared that they had
not reed them. la Ron. Turd. p. 716. pl. 20. it is I
said, that Urn of the parties say to the Jery after l
they ere gone from the bar, s• Yes are week
men, it is as clear of my side es the nese in a roan's
face;" this is new evidence, for his •liretatiow nay
muck pomade the Jury ; and therefore shall goes\
the verdict. go is Prat's ass, 21 Jac. Roll. ?Wel.
716. pl. 19, if any thing be read to them which they
eight not to have with them, as • book of deposi.
lions, some whereof ware reed in evidence, the vet.
diet is bed. In 11 Hets. 4, Roll. Trial. 714, it up.
posted that the Plaintiff delivered an escrow to a
eers.n empanelled, before he was sworn. who ef-
lierwards being sworn, and gene with the Jery from
the be,, to consider the verdict, showed it to his
' companions, oho frond for the Plaintiff. The Mi.
sister who kept the inquest informed the Court here.
of, nod the Jury being essmised, confessed the met.
tee, ern which judgment was stayed. From ell
these authorities, end portirelarly from that Is. Lord
Delamere's raw, and the ease in RoU last genteel,
the Learned Unrestl contended, that the Jury
right not to be allowed to disperse till they had do.
livered their verdict. In this core the Jury were ve-
rsed for several boors to th► inconvenience of hoer.
lag what was said out of Court ; It was not know.
In the Coact nor to the Counsel whet did peas, bet
the very hazard of being tampered with focused a
resumption which ought to operate 'gains' the ye,.
die. lie s•bmitfed therefore that his Clieet was ea.
titled to anew trial.

M►. DENOIAX Said).e was not able to submit soy
authorities in additions to those • kith had been goofed
by his Learned Friends. Ila should bare Monist,
indeed, that it would have bees quite 'Wiriest for
him to put in his affidavits on il..gerwral principle of
law. Neither his (Meat, the ..ttorovy, nor himself
were soar. of thodispersioo of the Jury till after t►e
verdict. In his view of this subject, be oofeigoodly
declared that • more important case Never e•we be-
fore s Cored of Justice; for if s Joey were allowed
to disperse, verdicts might herself', b. returned by
12 Ewa, not epos dm evidence adduced no lb. 1601,
bet under a housed ►atr•seous impressimis. It had
been shown by Mr. Common Sesjesnt, dont the bare
possibility of a Jury seeing papers had been sufficient
to set aside a verdict : Mere they hod an opportunity
of seeing this observallows in the Public Priors, after
the proceedisty of the list day. If • Jury were al-
lowed to disperse before the verdict, who wits to
define the length of tiwo during *shish they might be
separated ?
Mr. Justice HaTt.ti.--Pot it then tie other way.
The Judg• sometimes loaves the Coma fair a fro
minute., and • .luryaras also retires this is • se-
paration of the Jury, bat would t►is ovoid /he ver-
dict ?

Mr. Dressan.—Seeb a retirement is fee
irl-
able parionses, well understood by all parties. In
the ruse of Watseis and others, for treason, lie Jery
were not allowed to disperse ; they were locked ep
for severs! days', and were only allowed to walk
out is, the moraine ender tire rare of an officer of tl•e
Court. In the present case. on the second day of
trial, the Jury cant• In separately; and there was
therefore the tallest epportanity of their being
seism/ with persons who enieria.ned the strong-
est commercial feelirso ..gainst Ike Defendants.
The Loup Cuirr JLITICE, havieg remferresi with
his brothers, said—if we eracrisined any desist on a
gondola cf t4is kiell we 'Lost! reuse Wine we

delivered our opinion tea as noon of Ili ent►rtain
any deals, in this rase, I mot say at once that there
is no ground far this application. It is hrseght for.
ward an the fact that she Jar), disp►rsed at night,
and that that fact was not known so the parties.—
The trial lasted till II o'clock at nialit, sod the evi-
dence for the presecnti..n was tint then eased; the
trial was therefore adjourned from necessity. It
would have been mast imitating* to the cause of the
Defendants, that their arse should he board by ,mods
exhausted. An adjoernmeat, however, is not nom.
sadly fullnwed by a dispersion of the Jury ; hat I
think in tam of elademeanear. this the dispersion
of the Jury does not ovoid the verdict. Formal eases
have occurred in which this has been dace. Much
has been said repeating the consent of the parties;
bet I think that the consent of the Defendant makes
sin difference. 1 uraceise that the titivation ought
not to by pot to hie. as be may not have a free
clinic"; he me, consider that his refusal may "stile •
feeling against him in the Jory. As In the consent of the
Jade, shut wield not make that lawful which might
be Della whit before. It is oat Sal mieed in this me, that
daring she sight any attempt was aside to tamper
• Ith the Jary : if that had been suggested, the Court
I might have been induced to enquire jot. it. The se-
paration without the consent of the Judge, may he ■
distinct thing : II woo tome thst the law has vetted
a discretion in the Jodie of ',Honing the Jury to
disperse. For my own part I most stay. that the
more I ern bound down by roles, and the less I am
vested with a discretionary power, the more comfort-
able I shall feel myself in the discharge of my duties.
I r►gret itstreeely, that the verdict in this case was
received with any exclamation of the bpstanders: a
verdict, whether for or against the patties accused,
is the solemn decision of twelve men, sworn to prr.
e ding to the evidence, and shnuld alsra)s
he received with teverential silence. Upon the whole,
I am clearly of opinion, that the verdict in Ibis case II
cannot he avoided.

Mr.Jovlice BOYLLY.—There is nn part of this ap-
plication which states that the verdict was against the
evidence; it seem to me, therefore, that the Defetsd.
sots bad me title to took* such an application. It
often happens that ■ Judge gars oat of Coact for
few minutes, and the Jury seize the opportunity of
retiring also. This was a separation, and )et nobody
had ever thought of disturbing • verdict for suc► a tea-
ses. It bad been said, that this was done in the
pretence of all puffin: still the thing must be ernog,
no the principle that all separation was improper;
sod it would be the duty of a Judge to interf►re,
although no objection might be made by a Psi-
saner. But such an interference bad
pained. If the Jury disperse without the consent of
the Judge, he may (urethan; even that is discretion ;
bet the circomslance does not vitiate she verdict.—
It is said to be a gesmi principle, that the dispersion
of a Jury vacates the verdict ; if it does in, we do
no injustice by refusing this application, because if
it vacates iheverdict, the Defeodants may bring a writ
of error. I do not my this from feeling any doubt nee
she subject, hat merely to nt•serve that loch would
be the proper mode of proceeding.
Mr. Justice Ilozeirro.—l am of the same opi.
Mon. If it had appeared shut she Jury had be►n'
tampered with, or there was reason to doubt the
propriety of the verdict, deo the Court mig►t have
interfered.

Mr. Justice Box, in ring with the rest of
tLe Court, observed, that !ha law laid down in the
case of Lord Delmore night have beep th► practice
then, bet had bees departed from in many recent
trials. The Learned Mg@ took occasion to express
his disapprobation of the pahlication of proceedings
at law is the daily Journals before she delivery of the
verdict, and wished that the matter could be firelight
ender the consideration of the Coed.

The application was thus refused ; and
Mr. Gummy then moved, that the Defendants
(rlin, 119 is necessary in Notions of obis 1011/.1, ,were
in Court) should be committed to Nene'', and he
brought op for judgment on Viands: neat, which
was ordered.

CONSISTORY COURT. Arm. ei3.
LART DRRIZWR ADAM? LORD DERIILRT.

This was a seit for restitution of conjogal rights,
instituted by the Hon. Octaris Spinelli, Prine•sa
Dowager of Detail, in Sicily, commonly callod Lady
Herbert, against Robert Henry Lord Herbert, sea
of the Earl of Pembroke. Hy the libel, it appeared
that the potties contracted a clandestine marriage et
Palermo, on the 17th of August, 1814. and that the
Lady arrived in London in the month of March,
1817. Of the 39 eitoesses /Itemised in this matter,
the pester somber were so examined in order to
speak to the idestity of the parties; the marriage
sees proved by the priest who solemnised it according
to the rites of the Roman Catholic Church of

Sir Wito.taw Scow, having defined the nature Of
the present proceedings, gave sentence. Ile observ-
ed that the parties in this cash were neither of them
minors; Lord Ilerbert being upwards of 21, and
therefore competent, in the eye of the law, to take
the step he had decided apes ; sad the Lirly (Curia
Spiaelli, although somewhat older them himself, was
yet net of en age which of itself implied any lacer.-
grill, in the match. It appeared that Lord Herbert,
being in the year 1814 la Sicily, was introduced by
Lady William Beatinclt into the family of the Prince
de Botari, whose palace was the great resort of all
the English Nobility who whited that country, arid
who were always received with the utmost bospi•
tality. Of that hospitality Lord Herbert was a con.
slant partaker, being frequently with the family
Were et twice a day, both at l'alerato mod in the
country. Ile appeared to have redolously endea-
voured to gain llorfavaorablo o;•ininrr of the Prioress,
shows husband dying in Juno, 1814, she shortly
after, aceotding to the t►s.imony of her ►;.ter, the
Duchess di Sul; Gtotanni. Plendestioely married leird
Herbert. lisiiiit roniffionted en this pit, of the
evidence, and ow the manlier in which the marring,
was cel►brated, the Learned Judge remarked, it was
not for hint in trosifitain any ronsiderstioi; as t. the
propriety of the match on either side, the pith ques-
tion was as to the validity of the marrise•. It Was
evablislied by law, that if a merrier was ,al.ll in
the country where is took place, arrording to the
riles and usages of that camorry, it eel a good one
hero; and this was so held wpm. a S..ff jvs ;TR.
tient ; for, however naked the might lee, how-
, MI MINN in sibilance, piLsidett cou!ortned

to that standard, the cation cal law weds t .1 ti.loit
as perfectly staid. Now. the .o thtf
hers @needing the relehrati..ti in the pre,....1 rise.
established the certainty of tarot. intm.
complied with. and ILO nlUnioni ..f aaa.l ft
enotssed to this Ir.( be'..,.
clearly determined the salids.) of this I..arriaze, •:.
though a clai.d.stii.e nor. Ater s..noe furs..., cis.
'ions to them-op, soil Jilts...i„o of for io, of
re.
girding marriages of this 11.1resplion. the Coot
strongly reprobated the ides that it ,h.,eld heel
to call in the aid of a foreign creeks' en .c.ine..t, sc.
knowledge(' to be slounst &wow in its nia•t4ii,o,
its aid of its civil josivisctioss—a weesere to • in it
was iecompetent, and in • high nnp,i,.cipp real)
he for on. isoinent made oat. And at • I n4O
Not at that t..e of Is f ...Arr. the pelt) casstegaplateal by
the machete' ; bat at that of 1.0r.l Herbert himself.
oho had avowedly infti.,ged it. r.osit the whole
the @eidetic", the Cnott thnoght the Lady pr, Mod to
her prayer; •nd therefore decreed 1... rd 11.ftiert tip
receive her as his wife with corjugst idles lion, mad
In certify to it, by the 6,st day M•chaelwas Term,
that he bad complied ws.h it. thjanition.

Lord fiedsett is at pli..rnt Ares'', Rot ►casing
visited Ensland sines ihe )rat Ihl I. 'lke obit *as
evanesced is 1813.

OLD BAILEY.

FRID %Y. APRIL It

Henry Dart. aged 11. ad %I.sry %row Grillides..eed 17. rem
enrosesed gd Inosre is. fluor ........
forged orrea. parperiind is, be mere .4 sbe Gritting rad Gee.
the If..ab of Lanford.
r Woos/Mon. agedit. wee erpisally eau lessolar
brerkirsi and mining lbe dreln of Jaw., I...givi. et
lesser lan. (oltr N hue Hofer IOW) avid Iroglariosa.l •.rldint
therein one IS Ml 4 Ensassori n le r.r IWI, soar Mae,
nose. far 101. and Ire errerlionk•ro en for 61 e.ress. :be pr..
perty of fleeter Misolerribir• —Tbe prroerbor d ihts es •
were •hhiell in she Police 'blown I)easb.
The Farman. at she Jery. n How 'sae. 6411.1.0.5eil she
Beach, and bolted re lesowsrlll so ree•ruwerd she •ii.ofter
went The Proweioeie in fro radrer,l•ll.3 ; and
she Recanting' aware/ hem dra he vss eV represent roe manierdr
so his lio‘nl Ilorbsoer obe 11ege..1

Ups* the rtiatietioo of the eri.ostr;, a e woe. Prat,' -Saila?
In Chat wait h aeon-rod ors a !armee day. p 1... fa the.
ease. ok as the Nemec ofte, he Pi itoit., ar..• I rit.••••ed -1 pro.
petty. a., local es 1.. r witiani ahn.l. us..a •I'. C.tarea.
Ike Prisoner had p.rrlntied ittoirloe. tis.tt ..401/
'Ave. shies had ant bee" r,...d 17
sateosaseeied silk She paisieoLir clomp 1..416/san•at.
properly it nronally snit d benne the unn.ipp) tae a
b, remits isdit lobo• like listair, u •k.
tended inmssre arta 41 n 1,1,1. a d tea. ga of
coasproloo for she poet. Yrio.ner't y)
oveirtime by a anted, 'berg 4ref tier. w-
whirl we are about to reLose are moan diltr.eefat. Rea ti la.
deed .orpritliog, that is. a Coors at J•tiiitte a lertninU
eirimilret s.toola be allayed.

The fasdlody Srb Psi. Ler. wk., f 0.4 poswior of
fur: fa flee sitoes.lo' h .3 r iio soosrusocol to her
Md.

Mr. Amor. ad4,setiog her. told. •• 1 de4te rm. Madame
to deliver that to the Yressecroor, otos iss lir s Ira,
whole Is aright be else,."
The landlady sari arllveriag It to the ultra Mr.
Ithrtit Stearns Maisel tootettiatelt Ars re ett fwe Is r log
(ape soppier or the purpose at sating a-se.tiost of .he gem 4sa).
sad addrerforg Mr Aar) at she ...air state, said. ** 1 Not
ghee 'oar viers,'"
Iliseataosa hese Interfere& and entered that the ses,afte
should be gis co et the Prasserater 4 It tit air other pi oprrry
laid he ha wale & to da. and resold 141.• he . rder Jowl it.
llteletterrif then et-tired so he hot. good Mr Pales, he oar
der-tits r.L deutaastrd lit pro en) is the s ame of the Stserlfs
The kreerd r ?creased his “rder. sad the aeswt siaqiitas
to she I toreesior. _

Leadbroier. eten of the Marlinlora. had pemonhen Orbs
irorliery. and asked of tee l snit e hat centre. be are no pore
mob ? Mr said be ea. eireineeed with Ms amble by .be bereft
. a oar side. and tear Prenecetwee tedicener no the eater, if ■t
rare It, the property.
The l'atibitT woeld give no ors► ahem
Mr Panes Mee taserrred, slue the P.iiespres proper-y had
hoieoine. the property of the nherif, sad tier Coen bed ao ► Kit
is deeper 4 li. After tonotilerehie alseres.sou bele. es Um
peen. Web inierrapi.d tk boeiness er she l out; tbr
t• dropped. sad loodbeater vine need ill poseeeion it is
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