The Statesman.
London, England, 1820-08-05 00:00:00

iiCALL of Major cum Rwmr, Mr. WOOLEN,
AND OTHERS.

WARWICKSHIRE ASSIZES, TIUMADIT, Ate. 3.
lIIMU C. MUOR CANTMaIVIT, MU. MOOLEU,
This cause which has cached so much public in-
ti•rest, came on this day. befur the l Nice It4wr aad
PrOm an tarty hoar every gallery
aad b vele the (curt-house was orrupird, and a
.mat number of ladies and families of distinction
were present.
About nine, the Cuter B tnny entered the Conrt,
accompanied as usual by the SHRUM, and took his
plate on the Bench. The defendants soon afterwards
made their appearance, and the venerable Major was
ao:eounnorlated with a seat among the Barristers.
.Vnongst those present we notit'Pd Mr. Williams, M.P.
Mr. Pysche Palmer,ri M. P. both of whom accompanied
the defendants into Court, and sat by them. Almost
ttp to the moment when the ease fur the prosecution
wag closed, the defendants had not derided upon the
rrek ise line of defence which they should advt.
The Special Jury pannel was then called fur, but
only four of the tlentlenten were found to be in at-
ten lance. The Officer asked if a faits were prayed ?
Mr. DeNtltN said, that one of the defendants
(P(lntunds) had not vet come into town, and it was'
uncertain whether he would join the others in his
motion, hr would take it as a favour of the Court to
r, urtin fur some little time without proceeding un the

Mr. Serjeant V.lrolltN said hr had no reason to
throw an obstacle in the way of this acconnuodAtion,
if the time required was not unreasonable.
Mr. Dammam said, he would nut ask longer than
tali o'clock. This interval his Lordship granted.
The 0111.eer was now going to call over the names
• of the absent Srerial Jurymen, when
Mr. DrNMAN rose and said, he had just received a
communication from Mr. Pearson, the defendants .it-
tornry, which, as it IV3S (klieg he would mention
to the Court. It appeared to him to contain a very
s'rong objection to an important part of the proceed-
ings already taken place, namely, the mode of sumr
i.,..ning the Jury. The Learned Cousisel then stated,
th,t, under the 311 of tiro. 11. rap. 25. arc. 19, by
special juries were refzeilated, it was required
every juror on the Fennel should have received a
suunnons to attend the trial ou a clay named in the
summons, with a rea-onalde time allowed him before
the day on which his pre,clice was required. Now it
appeared that Mr. Peed', of lellecot, %visor name
s•ood No. 12 in the list, had not received a summons
at all to attend on this day ; ra.l though that gen:le-
e:an had had summonses in other caines as a special
juror, not one in the present teas s-r•Til before one or
two O'clock this morning. Then, indeed, a sunlit ens
was served upon him, requiring his attendance on the
1-4 day of the Assisra, which was the 29th of July;
bat as this was never served until the morning of the
eti of' Aitgtist, of c,nrse he did not think himself
bou•sil to a Jay which was genie by, and consequently
• seas not in attendance at all. To (hi. statement of
farts, Mr. Penman added the legal arguments, that
a jury struck before the parties in the Court aliote
• conic! he the only jury to try the cause, and that it
nIS not in the power of the She'll)* to amend his re-
t arc, until an order of Court was obtained for bring-
the parties again before the Master of the ('rotas
lii.ce. Here was a Jury nut the sans which was
. i.ruck out above, fur one was absent, not froto any
r. i;leet in his clients, but from inattention in the
S. stiff to du his duty. He was prepared with an
a davit in corroboration of the farts which he had
t rationed, and, he trusted, that when the statement
-• made out, his Lordship wonld see that the panne!
v i niperfet.
Some delay then occurred whilst the affidavit was
pr —miring, which Mr. Wooler took advantage of, to
ea*: upon the Court to provide accommodation for him
a!Lotigst the Barristers ; and he alleged it was neces-
sary for him as a defendant to be in a place where he
c0!....1 take minutes of what passed.
The eillarr 13,teori maid, that notch as he wished
extend indulgence to defendants, and much as he
rer.sielered the anxiety they should feel, still lie timid
help thinking the present request for displacing
th .t Counsel a little unreasonable.
Mr. Wooler intimated th lie might be alloted a
s..at without much incommoding these Hentlemen ;
bat he did not press the matter farther for the presen',
an., sat down again in the situation he occupied be-

fors.
Mr. DrNMAN now said, that he had the affidavit to
which he alluded.
• The affidavit being read by the Cle.k, stated, that
Me Charles Pearson, the deponent, on coining to War-
wick, learned with seine surprise that 31r. Perch, a
special juror in this cause, bad never received a sum-
arms at all to attend, with a view, as defendant be-
ii of pr,•judicing the defendant's cause. 3lr.
Peac4Un immediately wrote to Mr. Prech, and went to
his bassi., which wee lfi-miles from Norwich : and
another deponent, named Simmons, delivered the let-
t••r. An answer was received from Mr. Perch, stating
that be had received no 'salmons to attend as a spe-
cial-juror in this cause at the present assizes, and that
in consequence he would not give his attendance. The
deponent next applied to Mr. Lee, the Under Sheriff,
at Warwick, who was unable to give him information
as to the serviet• of the individual summonses, but re-
ferred him to the officer to %Low he directed his war-
rant, and whose duty it was to make out the sum-
monses. Nine o'clock in the evening was fixed upon
betweeci Mr. Pearson and Mr. Lee, fur seeing this of-
ficer. but when the former attended at that h.mr, he
was given to understand the officer was not then to be
seen. The only assurance Mr. Pearson cuuld obtain
from the Under Sheriff was, that a duplicate copy of
the summon! should be served upon Mr. Perch, if it
sboald turn out that iie had not bail one before ; and
Mr. Lee called upon the deponent to admit this as good
service,' if the messenger should nut be back time
enough. •To this Mr. Pearson raised no objection, but
lie wished to be assured that the new service of the
• WWI omens would be real, and with that view accompa-
aid the messenger himself :o the house of Mr. Peed',
wbieh they reached I),Aween twelve and one o'clock in
the meaning. The family had retired to bed ; but a
se.-.ant having come out, Mr. licartutt wrote a note to
Ple Peed:, and received his answer, in whiell he di,-
taw-fly denied having been stituni:ned before; and he